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2021-12-15 Council Packet
Kenai City Council - Regular Meeting Page 1 of 4 December 15, 2021 Kenai City Council - Regular Meeting December 15, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 3256-2021 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Funds, Authorizing the Acceptance of a Grant from the Federal Aviation Administration for the Kenai Municipal Airport Sand Storage Facility Construction Phase II, and Authorizing a Budget Transfer in the Airport Improvements Capital Project Fund – Kenai Municipal Airport Sand Storage Facility Project to Facilitate the Return of Funds Advanced from the Airport Special Revenue Fund. (Administration) 2. Ordinance No. 3257-2021 - Accepting and Appropriating a Collection Equity Award from the Network of the National Library of Medicine Region 5 for the Purchase of Health and Wellness Titles for the Kenai Community Library Collection. (Council Members Knackstedt and Pettey) 3. Ordinance No. 3258-2021 - Accepting and Appropriating Funding from the State of Alaska Department of Health and Social Services, Division of Public Health, for the Healthy and Equitable Communities Program, and Authorizing the City Manager to Execute a Memorandum of Agreement for this Funding. (Administration) Page 1 Kenai City Council - Regular Meeting Page 2 of 4 December 15, 2021 4. Ordinance No. 3259-2021 - Increasing Estimated Revenues and Appropriations in the General and Municipal Roadway Improvement Capital Project Funds, and Increasing a Purchase Order to Foster’s Construction for the 2021 Bryson Ave Bluff Erosion Repair Project. (Administration) 5. Ordinance No. 3260-2021 - Amending Kenai Municipal Code 13.40.010-Definitions, to Maintain Current Regulations on Off-Road Vehicle Use in Kenai After January 1, 2022. (Council Member Knackstedt) 6. Resolution No. 2021-71 - Amending the Employee Classification Plan to Change the Range of the Parks and Recreation Director. (Administration) E. MINUTES 1. *Regular Meeting of December 1, 2021. (City Clerk) F. UNFINISHED BUSINESS 1. Resolution No. 2021-64 - Awarding an Agreement for the Kenai Waterfront Redevelopment Assessment and Feasibility Study. (Administration) [Clerk's Note: At the November 3, 2021 Meeting, this item was Postponed to this meeting; a motion to enact is on the floor.] G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Ordinance No. 3261-2021 - Accepting and Appropriating a Grant from the Institute of Museum and Library Services through the Department of Education and Early Development, Division of Library, Archives & Museums for the Purchase of a Hold Locker. (Administration) 3. *Ordinance No. 3262-2021 - Accepting and Appropriating a Grant from the Institute of Museum and Library Services Passed Through the Department of Education and Early Development, Division of Library, Archives & Museums for the Purchase of Steam Kit Shelving, Library Materials, and Other Items. (Administration) 4. *Ordinance No. 3263-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association (AMLJIA) for the Purchase of Ballistic Vests. (Administration) 5. *Ordinance No. 3264-2021 - Accepting and Appropriating Asset Forfeiture Funds Provided to the City of Kenai through the State of Alaska Department of Public Safety. (Administration) 6. *Ordinance No. 3265-2021 - Increasing Estimated Revenue and Appropriations in the General Fund and the Parks Improvement Capital Project Fund for Additional Kenai Dog Park Funding. (Vice Mayor Glendening and Council Members Winger and Baisden) Page 2 Kenai City Council - Regular Meeting Page 3 of 4 December 15, 2021 7. Action/Approval - Special Use Permit to American Red Cross of Alaska for General Office Space. (Administration) 8. Action/Approval - Council Confirmation of Mayoral Nominations to the City's Commissions and Committee. (Mayor Gabriel) 9. Action/Approval - Confirmation of Mayoral Nominations for Appointment to the Planning and Zoning Commission. (Mayor Gabriel) 10. Action/Approval - City Participation in UCIDA Lawsuit. (Mayor Gabriel) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 Page 3 Kenai City Council - Regular Meeting Page 4 of 4 December 15, 2021 2. Letter from the Alaska Association of Municipal Clerks 3. CIRCAC Director's Report 4. Thank you letter to GLM 5. Thank you letter to Pioneers of Alaska The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting OR https://us02web.zoom.us/j/88570636586 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 885 7063 6586 Passcode: 773916 Meeting ID: 885 7063 6586 Passcode: 773916 Page 4 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3256-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT IMPROVEMENTS CAPITAL PROJECT FUNDS, AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE FEDERAL AVIATION ADMINISTRATION FOR THE KENAI MUNICIPAL AIRPORT SAND STORAGE FACILITY CONSTRUCTION PHASE II, AND AUTHORIZING A BUDGET TRANSFER IN THE AIRPORT IMPROVEMENTS CAPITAL PROJECT FUND – KENAI MUNICIPAL AIRPORT SAND STORAGE FACILITY PROJECT TO FACILITATE THE RETURN OF FUNDS ADVANCED FROM THE AIRPORT SPECIAL REVENUE FUND. WHEREAS, Resolution 2020-79 approved on the 16th day of September, 2020 previously authorized the City Manager to accept a Federal Aviation Administration grant for Phase I construction of the Kenai Municipal Airport Sand Storage Facility; and, WHEREAS, via Ordinance 3155-2020 Substitute the City of Kenai accepted and appropriated grant 3-02-0142-064-2020 from the Federal Aviation Administration totaling $1,954,101 on the 24th day of September, 2020 for Phase I of the Kenai Municipal Airport Sand Storage Facility; and, WHEREAS, Ordinance 3155-2020 Substitute included advance funding from the Airport Special Revenue Fund in the amount of $729,931 which when combined with $265,681 of advance funding for project design brings the total project advance funding to $995,612; and, WHEREAS, the City of Kenai has received grant offer 03-02-0142-065-2021 from the Federal Aviation Administration totaling $881,161 for Phase II of the Kenai Municipal Airport Sand Storage Facility; and, WHEREAS, authorization of a budget transfer to move previously advanced funds from construction to the Airport Special Revenue fund is needed to return previously advanced funds; and, WHEREAS, acceptance of the Phase II grant, a budget transfer to facilitate the return of advanced funds and this appropriation is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept grant funding of $881,161.00 from the Federal Aviation Administration. Page 5 Ordinance No. 3256-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 2. That the revenues and appropriations be increased as follows: Airport Improvement Capital Project Fund: Increase Estimated Revenues – Federal Grants $881,161 Increase Appropriations – Kenai Municipal Airport Sand Storage Facility – Construction $881,161 Section 3. That the following budget revision is authorized: Airport Improvement Capital Project Fund: Decrease Expenditures - Kenai Municipal Airport Sand Storage Facility – Construction $881,161 Increase Expenditures – Transfer to Airport Special Revenue Fund $881,161 Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of December, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: December 1, 2021 Enacted: December 15, 2021 Effective: December 15, 2021 Page 6 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: November 22, 2021 SUBJECT: Ordinance No. 3256-2021 The purpose of this memo is to request Council’s approval to: 1. Increase estimated revenues and appropriations in the Airport Improvements Capital Projects Fund, 2. Accept a grant from the Federal Aviation Administration (FAA) to cover project costs associated with Phase II of the Kenai Municipal Airport (ENA) Sand Storage Facility, 3. Authorize a budget transfer from the Airport Improvements Capital Projects Fund to the Airport Special Revenue Fund. At the FAA’s request the ENA Sand Storage Facility was divided into two (2) continuous phases. Phase I allowed the FAA to appropriate grant 03-02-0142-064-2020 in September 2020, $1,954,101 of the $2,835,262 project, within the Federal Government’s fiscal year 2020 (October 2019 to September 2020). In May of 2021 the FAA appropriated grant 03-02-0142-065-2021, the remaining $881,161 of the $2,835,262 project. In order to expedite and streamline the project, Council authorized two budget transfers totaling $995,612 from the Airport Special Revenue Fund to forward fund $995,612 of the $2,835,262, including $114,451 in contingencies. Ordinance No. 3256-2021 appropriates the $881,161 FAA Grant 03-02-0142-065-2021 to the Airport Improvements Capital Project Fund and returns $881,161 of the forward funded $995,612. The remaining $114,451 contingency remains in the Airport Improvements Capital Project Fund. Any contingency funds used may be eligible for FAA reimbursement at 93.75% to 100%. Any remaining contingency funds will remain in the Airport Improvements Capital Projects Fund for future ENA capital projects or be returned to the Airport Special Revenue Fund. Council’s support is respectfully requested. Page 7 Page 2 of 2 FAA Grant 03-02-0142-064-2020 $ 1,954,101 ENA Special Revenue Fund-ADVANCE (HDL Engineers Contract Administration Services) 265,681 ENA Special Revenue Fund-ADVANCE (Project Balance + $114,451 Contingency) 729,931 FAA Grant 03-02-0142-065-2021 881,161 ENA Special Revenue Fund-RETURN (881,161) Sand Storage Project Balance (Total Grants + $114,451 Contingency) $ 2,949,713 Page 8 Sponsored by: Council Members Knackstedt and Pettey CITY OF KENAI ORDINANCE NO. 3257-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A COLLECTION EQUITY AWARD FROM THE NETWORK OF THE NATIONAL LIBRARY OF MEDICINE REGION 5 FOR THE PURCHASE OF HEALTH AND WELLNESS TITLES FOR THE KENAI COMMUNITY LIBRARY COLLECTION. WHEREAS, the City of Kenai received a Collection Equity Award from the Network of the National Library of Medicine Region 5 for the purchase of health and wellness materials for the library collection; and, WHEREAS, the funds will be used to purchase materials in a variety of formats to support the health information needs of the residents of Kenai and surrounding communities; and, WHEREAS, there will be a focus on purchasing materials for underrepresented groups based on census data and informal community conversations; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept a grant from the Network of the National Library of Medicine in the amount of $1,500 for the purchase of library books and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this Ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Federal Grants, Library $1,500 Increase Appropriations – Library--Books $1,500 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. Page 9 Ordinance No. 3257-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of December, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: December 1, 2021 Enacted: December 15, 2021 Effective: December 15, 2021 Page 10 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Council Members Knackstedt and Pettey DATE: November 12, 2021 SUBJECT: Ordinance No. 3257-2021 – Collection Equity Award from the Network of the National Library of Medicine, Region 5 The Kenai Community Library has been selected to receive a $1,500 award from the Network of the National Library of Medicine for the purchase of health and wellness titles. Per the American Library Association collection development guidelines, health and wellness publications are considered obsolete and in need of replacement after five-years. Many of the existing titles exceed five years of age. This grant will assist the library in refreshing outdated information, and bringing the Health Section up to date with new titles. We request your support in accepting this grant for our community library, and to show your appreciation for our Library Director. Excerpts from the Kenai Community Library Policies: “The library supports the Library Bill of Rights of the American Library Association Freedom to Read statement. The Library’s mandate is to provide the public access to information on all sides of an issue.” “Books and/or other library material selection are and shall be vested in the librarian.” “… censorship is a purely individual matter and declares that while anyone is free to reject for himself books of which he does not approve, he cannot exercise this right of censorship to restrict the freedom to read to others.” Page 11 MEMORANDUM TO: Mayor Brian Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: November 12, 2021 SUBJECT: Ordinance 3257-2021-- Collection Equity Outreach Award from the Network of the National Library of Medicine, Region 5 The Library has been selected to receive a Collection Equity Outreach Award from the Network of the National Library of Medicine (NNLM). The NNLM’s mission is “to advance the progress of medicine and improve the public health by providing all U.S. health professionals with equal access to biomedical information and improving the public's access to information to enable them to make informed decisions about their health” (https://nnlm.gov/). The mission of the Kenai Community Library is to provide a comfortable and friendly environment, whether that is in-person or virtually, for our visitors of all ages and abilities to pursue opportunities of life-long learning, relax and read current materials, receive knowledgeable assistance and answers to questions, find professionally selected materials in all formats for personal enjoyment, enjoy programs or performances, and have access to technological resources. In other words, our mission and status as a community organization position us well as a key contributor to community health and health literacy by providing reliable and current health information and training staff to answer consumer health reference questions with confidence and skill. However, a significant portion of our health-related materials is 5 years or older. Unlike hospital or medical library special collections, our collection must provide wide range of information to the general public, from students to parents to seniors, and to people of all backgrounds. Keeping our health section updated and reliable does require significant funds, and this award will help us reach our goal faster. Per the award, the amount of $1,500 will be used for the purchase of health and wellness titles in various formats (e.g., print, audio, digital books, and DVDs) for all age groups. Library staff trained in collection development will select items on both physical and mental health and wellbeing from well-reviewed popular science, reference, and graphic medicine titles. Review sources include professional library journals such as School Library Journal, Library Journal, and Booklist. Topics will include self-care and mental health, healthy habits, dealing and living with chronic stress and chronic diseases, caregiver support, suicide, prevention, traditional knowledge, complementary and non-Western medicine (like, acupuncture and herbal remedies), reference books on Medicaid and Medicare, health literacy (i.e., how to find and use health information to make informed healthcare decisions), items on specific conditions (i.e., breast cancer and dementia), women’s health, and men’s health. Page 12 Page 2 of 2 We aim to serve as a resource for reliable health information and to help reduce health disparities in our community by making health information freely available and accessible. Health literacy is a 21st century skill that is crucial to understanding health information and making knowledgeable health-related decisions. The award will help us expand our efforts to refresh and replenish our health section with new and updated titles. Your consideration is appreciated. Page 13 11/3/21, 12:18 PM Back By Popular Demand: Collection Equity Award | Region 5 Blog https://news.nnlm.gov/region_5/back-by-popular-demand-collection-equity-award/1/3 HOME BLOG ABOUT REGION 5 BLOG FAQ WRITING FOR REGION 5 BLOG REGION 5 BLOG NOVEMBER 3RD, 2021 CATEGORIES CONTACT US ARCHIVES REGION SEARCH Back By Popular Demand: Collection Equity Award Posted by Michele Spatz on October 21st, 2021 Posted in: Blog, Funding, News from NNLM Region 5 Tags: Funding, NNLM Region 5 Collection Equity Award Background/Purpose The National Network of Libraries of Medicine Region 5 under cooperative agreement with the U.S. National Library of Medicine (NLM), announces the availability of funding through its Collection Equity Awards to fund collection development that amplifies diverse voices writing on health/medical topics or that include a health or medical issue as an integral narrative theme. Such collection development efforts are important to ensure equitable access to health information and promote health literacy and support programmatic outreach in under-resourced communities. The Awards are designed to help build collections that are reflective of voices of the communities served which may be revealed through different genres such as graphic medicine, fiction, nonfiction, memoirs, Young Adult, manuscripts (published and unpublished), oral histories and film. Expanding diverse voices in libraries (all types), public health agencies, academic programs, or community organizations ensures collection equity and supports health literacy by illuminating health issues either common, or conversely, unique to underserved populations in the region. Specifically, the Collection Equity Award seeks to address one or more of the following aims from the NNLM Region 5 cooperative agreement and supports NLM’s mission to provide U.S. researchers, health professionals, public health workforce, educators, and the public with equal access to biomedical and health information resources and data. Advance health equity through national and regional partnerships and initiatives to ensure a variety of members and the public will have equal access to biomedical, health, and public health information and data. Administer funding awards to support a highly trained workforce for biomedical and health information resources and data, improve health literacy, and increase health equity through information. Eligibility Applicants must be from institutions that are members of NNLM Region 5. Membership is free and open to institutions interested in improving equitable access to health information. To verify your membership, find out your NNLM ID or to apply for membership, contact Outreach and Access Coordinator Emily Hamstra via email: ehamstra@uw.edu. Funds from this award must be used for purchase of materials and resources from any genre that amplify diverse voices writing on health/medical topics or that include a health or medical issue as an integral narrative theme. Funding OCT21 ARCHIVED CONTENT 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 SUBSCRIBE TO ALL POSTS Enter your email address to receive notifications of each individual post via email. Email Address Subscribe BLOG CATEGORIES Accessibility (7) All of Us (56) Blog (86) Citizen Science (12) Consumer Health (4) Data Science (90) Digital Health Literacy (5) Education (2) Emergency Preparedness (77) Funding (166) Health Literacy (209) Health Observances (51) K-12 (13) New from NNLM Region 5 (5) News from Network Members (63) News from NIH (22) News from NLM (307) News from NNLM (47) Page 14 11/3/21, 12:18 PM Back By Popular Demand: Collection Equity Award | Region 5 Blog https://news.nnlm.gov/region_5/back-by-popular-demand-collection-equity-award/2/3 Funding Period: December 17, 2021 – April 30, 2022 Amount: $1,500 Number of Awards Available: Minimum of 6 Application Step 1: Send an email stating your intent to apply by 5:00 p.m. Pacific Time on November 12, 2021 to nnlm@uw.edu. Include the name of your library/organization and your intent to apply for the Collection Equity Award. Step 2: Download this Application Form and submit the completed Application Form to nnlm@uw.edu by the Application Deadline: 5:00 p.m. Pacific Time, December 10, 2021 Note: Applications submitted by 5:00pm Pacific Time, December 10, 2021, will receive first consideration. The NNLM Region 5 staff will acknowledge your application when received, and notification of awards will be given by December 17, 2021. Budget Guidelines: Award is $1,500. A lump sum payment will be issued upon submission of a completed invoice. The invoice template will be provided by Region 5 staff. Evaluation of Applications Applications will be reviewed by: NNLM Region 5 staff. Reviewers will score applications based on the following categories and criteria. 1. SIGNIFICANCE (60 points): The proposal: 1. clearly defines the target populations it is meant to serve; and 2. provides evidence of need. 2. PROJECT PL AN (20 points): The project plan: 1. demonstrates potential to increase access to biomedical and health information for defined target populations; and 2. describes an effective publicity/promotion strategy. 3. EVALUATION (20 points): The evaluation plan is clear and uses sound methodology. REPORTING: The applicant agrees to the reporting requirement. This is an inclusion/exclusion criterion. Applicants lacking this element will be disqualified. Additional Information Reporting: A final report is required no later than May 27, 2022, which consists of a bibliography of the resources purchased. The citation format will be provided to awardees. NIH Acknowledgement: Any resource developed with project funds must include an acknowledgment of NIH grant support and a disclaimer stating the following: “Developed resources reported in this [publications, press releases, internet sites] are supported by the National Library of Medicine (NLM), National Institutes of Health (NIH) under cooperative agreement number UG4LM013725. The content is solely the responsibility of the authors and does not necessarily represent the official views of the National Institutes of Health.” Need additional information or help? Michele Spatz, Outreach and Engagement Coordinator, NNLM Region 5, nnlm@uw.edu Telephone: 206-543-8262 ABOUT MICHELE SPATZ Michele is the NNLM Region 5 Outreach and Engagement Coordinator. She has extensive experience providing consumer health information and a passion for health literacy. Michele truly believes, "Because of you, Libraries Transform.®" News From NNLM PNR (517) News from NNLM Region 5 (24) Opioid Use Disorder (2) PNR Weekly Digest (55) Public Health (96) Public Libraries (119) Resource Sharing & Document Delivery (58) Substance Misuse (3) Technology (207) Training & Education (417) Page 15 11/3/21, 12:18 PM Back By Popular Demand: Collection Equity Award | Region 5 Blog https://news.nnlm.gov/region_5/back-by-popular-demand-collection-equity-award/3/3 Previous post Next post Email author Visit author's website View all posts by Michele Spatz Developed resources reported in this program are supported by the National Library of Medicine (NLM), National Institutes of Health (NIH) under cooperative agreement number UG4LM012343 with the University of Washington. NNLM and NETWORK OF THE NATIONAL LIBRARY OF MEDICINE are service marks of the US Department of Health and Human Services | Copyright | Download PDF Reader Page 16 From:Henry Knackstedt To:Jamie Heinz Subject:Fw: Regarding the Kenai Community Library Date:Tuesday, October 26, 2021 6:34:14 AM Please include this email when the Ordinance is reintroduced on December 1st. Henry From: Maria Allison <mlaalaska1764@gmail.com> Sent: Monday, October 25, 2021 4:06:41 PM To: Henry Knackstedt Subject: Regarding the Kenai Community Library CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Kenai City Council Members, Today we were dismayed to read that some members of the Kenai City Council believe that they should choose the books that are ordered by the Kenai City Library. As members of our community for 43 years, we have been extremely impressed by the Kenai Library, and their wonderful collection of books. A library is not only a place to check out books, but a storehouse of the fiction, non-fiction, science, art, music, children’s and grown-up’s books of the world. It is full of information of all kinds. By providing free access to newspapers, magazines and books from everywhere, it allows all of us to learn and improve our minds. It is up to us to be the ones who decide what books to check out. It is up to the library to provide everything available to us. No city council nor other governmental agency should determine what books should be placed in the library. Free access to all information is what the library is about. Librarians have always been major defenders of intellectual freedom, long before most people even knew what it was. This means that they are watchdogs on topics like free speech, copyright, privacy, and the right to know what governments and corporations are doing. They and their associations lobby for these rights and fight alongside other citizens to preserve them. Libraries provide a free education to all. No matter what our income level is, we are all allowed to check out books and do our own research. It is “green” in that the books are shared, not read once and thrown away. It is one of the best resources for community information. It is a place where people of all ages can practice lifelong learning. Please recognize the importance of a community library and our community’s need to have access to all books. Libraries’ collections should not be determined by a politically motivated group such as elected officials, but by librarians who are trained in this field. Sincerely, Maria and Thomas Allison Page 17 From:Dave Peck To:City_Council Subject:Library material grant for health care materials 3248-2021 Date:Tuesday, October 26, 2021 5:15:41 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear City Council members: I attended the last city council meeting and gave public testimony as well as submitted a previous letter on this matter. After watching/attending the proceedings I want to clarify my objections to this ordinance. It is not the nature of the materials that might be ordered that I was worried about as much as the terms/purpose of the grant, be it from the State of Alaska or a federal agency. If it is the representation of the city or the granting agency that the grant is necessary or will be used to (1) attain equity for (2) under-represented groups in the community, in order to qualify for the money, then I would urge the city council not to authorize the funding. That's because of the nature of using "equity" as a social goal as I described in my previous letter. As a Kenai resident I object to that concept. Underserved is another phrase that leads one to believe we have people in the community who are purposely ignored who need more social justice to thrive.This ties in directly to equity. And once you accept equity as legitimate (even in a small way as in this case) the sky is the limit. I don't object to the materials. I object to the reasoning the city is providing to qualify for the grant. I hope this makes sense. Respectfully, Dave Peck 705 Sycamore St Kenai Page 18 From:Brian G. Gabriel, Sr. To:Jamie Heinz Subject:Fwd: Approval of Library grant Date:Thursday, October 28, 2021 1:49:36 PM Attachments:Library Bill of Rights.pdf Freedom to Read.pdf Jamie, Please include this comment in the packet for the first meeting in December. Thanks, Brian Sent from my iPhone Begin forwarded message: From: Michael Christian <barbmike2@icloud.com> Date: October 28, 2021 at 10:56:22 AM AKDT To: "Brian G. Gabriel, Sr." <bgabriel@kenai.city> Subject: Approval of Library grant CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. First of all, thank you for the hours you spend working on the City Council. I am writing not to criticize recent events, but to provide arguments in favor of the division of civic duties and the preservation of public access to a wide range of information. I was dismayed with the pressure placed on the Council and Librarian Katja Wolfe to delay the approval of the National Library of Medicine grant until Ms. Wolfe provides a list of intended purchases. This action deeply involves the Council and one member of the community in the specialized work assigned a city employee: the considered acquisition of up-to-date and varied books, periodicals, and databases that allow the public to research a subject and make informed choices. I would like to offer several arguments in support of our librarian and the freedom of information that libraries are intended to provide: 1. The ethics of library science preclude the type of one-sided expansion that the community member seems to fear. Ms. Wolfe’s job requires her to know not only what is already available in her own library but what can be accessed through interlibrary loans from Alaska’s community libraries, the UA Consortium Page 19 Library, and the libraries of the other forty-nine states. Few individuals outside of librarians possess this specialized knowledge or know how to apply it. 2. The City Council has not previously vetted library acquisitions. Since the ethical selection of reliable and balanced information requires considerable time and expertise, the City hires a full-time, qualified librarian. I doubt that the Council would sincerely want to add that full-time burden to their workload. Likewise, few individuals in the community could or would do this work. 3. Rather than second guess Ms. Wolfe’s dedication to her job, the community and the Council should commend her for seeking and winning a grant. Having pursued grants myself, I appreciate the amount of budgetary and background research required for applications. Also, the grant, once awarded, demands even more time in records and justifications for the final report to the grantor. In this respect, the grant itself becomes a form of supervision. 4. Since the growth of social media and self-publishing houses that allow the dissemination of personal opinion and untested data, Americans have become inundated with information that may not be reliable or ethical. On the other hand, as I know from personal experience, juried periodicals and respected publishing houses ask experts in the field to vigorously examine submissions before publication can be offered. I would suggest this is especially true of medical publishing. 5. Before implying a librarian has nefarious intentions, an accuser should thoroughly research a chosen subject to identify whether shortfalls or biases actually exist. 6. I personally think Katja Wolfe deserves an apology for such an ethical affront from anyone with fewer library credentials, less experience, and less knowledge of our interlinked library than she has. Her treatment at the recent meeting was offensive in the extreme. I hope these observations are helpful to you. I have attached information that may not be widely known among community members. Respectfully, Barbara Christian 410 Rogers Road Kenai, AK 99611 907-283-3219 Supplements: Page 20 1. Katja Wolfe holds both a Masters of Library and Information Services and a Masters in Public Health. 2. Library Bill of Rights (below) 3. Freedom to Read Statement (attached) Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 From:Amy Murrell Haunold To:City_Council Subject:Regarding censorship of Library materials. Date:Wednesday, November 3, 2021 4:11:17 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To the city council' Please be aware of my displeasure at hearing this council is attempting to violate my 1st Amendment US Constitutional rights. I highly disapprove of your egregious overreach of your duties in this matter. It is not a 'slippery slope' as described in the newspaper. It's a blatant violation of my rights and the rights of every citizen in this city. You do not decide what I can or can not read. I do. If any council member thinks this suppression of the free exchange of ideas, whether verbal or written, is within their duties as a city council member, they are sadly uninformed of the basis of our Constitution and is not fit for public office. I urge you to dismiss them. If not, perhaps they should read up on the US Constitution. There are some good books on it, assuming they have a library card. Regards, Amy Murrell-Haunold 23 year Kenai resident 43 year Alaskan resident Natural born American Page 27 From:Genova Brookes Boyd To:City_Council Subject:Support for Ordinance No. 3248-2021 Date:Wednesday, November 10, 2021 1:25:45 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To Whom it May Concern, I am writing to offer my whole hearted support for Ordinance No. 3248-2021: Accepting and Appropriating a Collection Equity Award from the Network of the National Library of Medicine (NNLM) Region 5 for the purchase of Health and Wellness titles for the Kenai Community Library Collection. Libraries are at the forefront of providing free and equitable access to information to members of the community. In this vein, the Kenai Community Library Director, Ms. Katja Wolfe, and her professional staff, are tasked with creating an equitable and relevant Library collection, and are very well qualified and experienced to do so. This grant is an opportunity to provide the Kenai Library with a robust collection in the form of several titles which serve many diverse members of its community. In Support of this Ordinance, I would like to respond to several comments made during the Kenai City Council meeting (October 20, 2021) as follows: With regard to comments made by Ms. Sharon Efta of Kenai; Librarianship does not endorse the “rubber stamping” of any titles purchased for a Library “without knowing anything about them.” Director Wolfe and her professional staff have been employed as honorable representatives of their profession and should be trusted to select titles for the Library that best represent the community’s needs. With regard to comments made by Mr. Dave Peck of Kenai that “equity causes division” and that titles chosen under the auspices of this grant may not serve underrepresented communities in Kenai; I would like to point out that the Library seeks to acquire consumer health titles, titles on stress relief, self-care, mental heath, healthy habits, chronic conditions, dealing and living with chronic stress, caregiver support resources, suicide prevention, traditional medicine, traditional knowledge, non-western medical research, reference resources regarding Medicare and Medicaid, titles on health literacy, items on specific conditions such as ADHD and Cancer, etc., and resources for men’s health and women’s health. Perhaps Mr. Peck and other concerned constituents could suggest which traditionally underrepresented groups are not covered by this extensive list of topics. Page 28 With regard to a general misunderstanding (especially expressed by Ms. Christine Hutchison of Kenai) that grant money provided by the NNLM was federally funded, I would like to acknowledge the calm clarity provided by Councillor Pettey, who did indeed correctly state that the grant money provided is not from federal funding. Nevertheless, even federal funding provided to Libraries is not (as previously quoted by Ms. Efta) a “rubber stamp” on any acquisitions requested. Acquisitions are still subject to a rigorous overview and processing by qualified and experienced Librarians and professionals who have comprehensive understanding of community needs and the expectations of their profession. Ms. Hutchison suggested that there were already titles in the Library which cover the aforementioned topics and that new titles were not necessary for the Library’s collection. However, Ms. Hutchison did not demonstrate understanding of the scope of the existing collections or the recurring collection needs of the Library; any possible lack of equitability or diversity of existing sources; recent developments in the key research areas; or the condition of the current materials. Ms. Hutchison then suggested that there should be an inventory of existing Library materials to prevent overlap between existing titles and new acquisitions. I would like to point her, and any others concerned, to the Library catalog which is available to the public for comparative overview at any time. It is also worth mentioning that Libraries often purchase multiple copies of titles to provide equitable access to resources that are in demand. The one correct statement of note, (which Ms. Hutchison did consider), was related to the fundraising capacity of the Library and its community. I hope that the response of the Kenai community in raising several thousand additional dollars through a GoFundMe in support of acquiring titles on the aforementioned topics, sends a clear sign to Ms. Hutchison and the Council regarding the “consensus” of its local community on this matter. It seems that the community has strong opinions regarding the City Council’s screening of books made available at the Library. I was particularly concerned with comments made by Councillor Winger who suggested that the NNLM provided information resources primarily devoted to the topic of the COVID-19 pandemic and nothing more of relevance to specific health related subjects as requested by the Library. I would like to refer Councillor Winger back to the NNLM website which hosts information on several relevant topics, specifically: health literacy; digital health literacy; consumer health; Diversity Equity and Inclusion in medicine and health; community health and wellness, specific health conditions and concerns (including heart diseases, substance abuse disorders and inherited diseases, amongst others); mental health; nutrition; and medical financial assistance. Included amongst many resources are also resources on COVID, for which I for one am grateful, since we happen to be in the midst of a pandemic. Page 29 I was amused by the following Ordinance 3249-2021 for the American Library Association ‘NASA at my Library’ Program Initiative funding, which was voted in unanimously. Apparently, a detailed list of resources and services was not required for this approval. No Councillor or constituent seemed to have concerns with the intended purpose of NASA or its status as a federally funded organization. There was little doubt that NASA’s content was adequate enough to implement STEM programming, and it appears that trust is restored to the Library to see this initiative through. How ironic. I would like to conclude with a final appeal to the Council to allow this Ordinance to pass and to approve the funding to the Kenai Library. Health and Wellness resources are much needed in the Kenai community and beyond. I’d also like to add appreciative words for Mayor Gabriel, Councillor Pettey and Councillor Glendening who showed consistent support of the Library and respect for the advanced qualifications and experience of its Director and her professional staff. Their advocacy for Intellectual Freedom and their support for Librarians as informed advocates for information access is commendable. Yours Sincerely, Genova Brookes Boyd Collection Development and Engagement Library/ Prof. Library Science University of Alaska, Fairbanks. The views, information, or opinions expressed in this letter are solely those of the individual and do not necessarily represent those of University of Alaska, Fairbanks and its employees. Page 30 From:Henry Knackstedt To:Jamie Heinz Cc:Glenese Pettey Subject:Fw: Library grant list delay Date:Friday, November 12, 2021 6:07:52 PM Jamie Please include with rhe library resolution Henry From: Lorrene Forbes <ml4bsalaska@gmail.com> Sent: Friday, November 12, 2021 5:03:02 PM To: Henry Knackstedt Subject: Library grant list delay CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Mr. Knackstedt, I’m way behind but I appreciate your speaking up for the library director and staff in the purchase of new books for the collection. You hire people with the education and credentials and let them do their job. Locating grant opportunities, applying and using these extra funds is a valid and appreciated part of their job. I have been a member of the Friends of the Library, my husband served on the board when the new library was first built, I served several terms on the Library Commission and we have been regular users since we moved here in 1971. I have never seen administration or Council provide oversight of collection additions. Our librarians monitor book usage, client needs and requests, whatever indicators to help keep the collection up-to-date. They order according to standards developed for libraries to serve all members. We do not need the knee jerk reaction to the word “equity” in the grant title to have community and Council members wanting ordering oversite and censorship. Looking at what is happening around the country and even in our school district demonstrates what a “slippery slope” it can be. I noticed when viewing the meeting no one ironically objected to accepting the NASA grant. The Council has no need to duplicate the work of our library staff as they have their own defined job which is to accept the grant and move on and not waste time. I will be my own censor for myself and family. I’m sorry the Council felt they had to put a knot in the library’s use of grant money. I appreciate your speaking honestly and reasonably. Thank you. Lorrene Forbes 612 Cedar Drive Sent from my iPad Page 31 From:Brian G. Gabriel, Sr. To:Jamie Heinz Cc:Meghan Thibodeau Subject:Fwd: kenai city council action on library grant Date:Thursday, November 18, 2021 8:58:33 AM Jamie, Please include the attached correspondence in our December 1st meeting packet. Thanks, Brian Sent from my iPhone Begin forwarded message: From: "Brian G. Gabriel, Sr." <bgabriel@kenai.city> Date: November 18, 2021 at 8:56:58 AM AKST To: karen jensen <kljensen64@gmail.com> Subject: Re: kenai city council action on library grant Karen, Since this item was postponed at the meeting before new Council Members took their seats, it will be re-introduced at our first meeting in December. I will ask our clerk to include your comments in our packet. Thanks for reaching out, Brian Sent from my iPhone On Nov 18, 2021, at 7:57 AM, karen jensen <kljensen64@gmail.com> wrote: CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. ---------- Forwarded message --------- From: karen jensen <kljensen64@gmail.com> Date: Thu, Nov 18, 2021 at 7:54 AM Subject: kenai city council action on library grant To: <city_council@kenai.city> Page 32 Dear Kenai City Council Members: Greetings. I am the Director of Libraries at the University of Alaska Fairbanks, and also a member of the National Network Libraries of Medicine (NNLM) Region 5 Executive Committee. Let me be crystal clear that the opinions expressed here are mine alone and I am not speaking as an official representative of either organization, but I offer that information because it indicates to some extent, my background and knowledge on the subject of library collection grants, and in particular, the NNLM library grant award that was rejected by the Kenai City Council. I'm writing to you today to express my concerns over the Council action that was taken against the Kenai library's NNLM grant award. Libraries of all types currently face strained budgets and we do all we can to seek other funding sources, so that we can provide the best service and resources to our library patrons. This is not unusual or objectionable in any way, and in fact is an expectation. The funds are carefully considered, the grant applications are read in detail, so that we know what we are obligated to do and what we must report on each award. Professional librarians such as your Kenai City Library Director, are qualified to both make these grant applications, and make subject and title selections for their collections using those funds. It is completely objectionable for anyone outside of the library to dictate specific titles or approve individual resources, without the professional background to understand collection development policies, procedures, and the scope of the collection, as well as the information needs of all local residents. Consider thanking your librarian for the excellent work she is doing to extend limited local funds. The National Library of Medicine (NLM) and the National Network of Libraries of Medicine (NNLM) have existed for decades. The NLM created the most critical biomedical scientific database out there - PubMed (Medline). The NNLM's mission is to ensure that accurate and current medical and health information is available to everyone. This small grant is part of that effort. Listen to your experts who have served your community for a long time, before taking action. They know what they're doing, and listening to them before responding will give you a chance to learn how government works. Your job as a council is to support that government activity and provide wise council, not to tear it apart. Thank you for your time. Sincerely, Karen Jensen Fairbanks, Alaska kljensen64@gmail.com Page 33 Page 1 of 4 FRIENDS OF THE KENAI COMMUNITY LIBRARY P.O. BOX 656 KENAI, AK 99611 Kenai City Council November 22, 2021 210 Fidalgo Ave. Kenai, AK 99611 Subject: Friends of the Kenai Community Library Letter of Support for the “Library Collection Equity Wellness Titles” Ordinance. Dear Council Members, We, the Friends of the Kenai Community Library Board of Directors, submit this letter in support of the “Library Collection Equity Wellness Titles” Ordinance: “Accepting and Appropriating a Collection Equity Award from the Network of the National Library of Medicine Region 5 for the Purchase of Health and Wellness Titles for the Kenai Community Library Collection.” As many of you know, the Friends of the Kenai Community Library is a private, 501(c)(3), non-profit organization. Our mission is “to conduct activities that promote literacy and reading by creating an awareness of services provided by the Kenai Community Library.” We likewise operate “to support superior library service[s] in the community” through “advocacy [for] public and private support of library growth and improvement, encouragement of volunteer involvement in library programs, and acquisition of funds to supplement the library’s core annual budget.” In keeping with our mission, we ask the Council to adopt the “Library Collection Equity Wellness Titles” Ordinance. We also implore the Council to refrain from reviewing the titles of books/resources to be purchased with the Ordinance’s awarded grant funds. Conditioning the Ordinance’s adoption upon such a review is both improper and dangerous. As a matter of importance, we fully acknowledge the Council’s prerogative and duty to evaluate the propriety of accepting grant funds awarded to the City. Similarly, we fully support the democratic process of open dialogue and debate within a transparent community forum when it comes to deciding whether the Council ought to accept grant funds awarded to the City. However, we believe the Council would be going too far by predicating its adoption of the “Library Collection Equity Wellness Titles” Ordinance upon a meritorious review of the books/resources to be purchased. Page 34 Page 2 of 4 First, requiring the Library Director to divulge a prospective list of titles as a condition of accepting the Ordinance’s awarded grant funds is not only unprecedented, but unwarranted. The discretionary authority to oversee library collection development and maintenance is vested in the Kenai Library Director. Library collection development and maintenance is one of the Kenai Library Director’s essential duties and responsibilities. To our knowledge, the Council has never sought to second-guess or otherwise interfere directly with the Kenai Library Director’s discretionary authority in this manner. There is no reason to do so now. Second, we affirm that the Kenai Library Director enjoys a presumption of regularity when it comes to the execution of the discretionary authority entrusted to her. This presumption also extends to the execution of her essential duties for purposes of overseeing library collection development and maintenance. This means that, absent evidence to the contrary, the Kenai Library Director is presumed to execute her discretionary authority and responsibilities properly. To our knowledge, no fact or allegation has been levied against the Kenai Library Director so as to rebut this presumption. Furthermore, no fact or allegation exists so as to call into question the Kenai Library Director’s ability to exercise her discretionary authority and responsibilities properly when it comes to purchasing materials in accordance with this particular Ordinance’s awarded grant funds. The Kenai Library Director should be permitted to perform the duties entrusted to her. Third, we implore the Council to reflect upon the harmful implications that would stem from a decision to review a list of titles. Such action would be unfairly arbitrary. This is true both in a general sense and in a specific sense. Generally, the Council’s decision to do this would be unfairly arbitrary because no good reason has been articulated to justify second-guessing the Kenai Library Director’s discretionary authority and responsibilities regarding the materials to be purchased. Why does the Council feel it cannot trust the Kenai Library Director to execute her duties faithfully with respect to this Ordinance’s awarded grant funds? What cause or reason has been put forth to question the Kenai Library Director’s ability to fulfill her duties and obligations when it comes to obtaining additional resources for our Community Library? How does the nature, topic, or purpose of this Ordinance’s awarded grant funds in any way cast doubt or suspicion upon the Kenai Library Director’s ability to execute the duties and responsibilities entrusted to her when it comes to library collection development and maintenance? There are no good answers to these questions, and so a decision by the Council to review a list of titles as a condition of adopting the Ordinance would be unfairly arbitrary. Specifically, the Council’s decision to do this would be unfairly arbitrary as applied because this would mean that the “Library Collection Equity Wellness Titles” Ordinance is being singled-out and scrutinized for its subject-matter. During the City Council Meeting held on October 20, 2021, it was requested that the Kenai Library Director provide a list of titles to be purchased with the Ordinance (then designated as Ordinance No. 3248-2021), thereby conditioning the Ordinance’s adoption upon review of the prospective titles to be purchased. Then, turning to the very next ordinance on the Council’s Agenda; namely, Ordinance No. 3249-2021 – Page 35 Page 3 of 4 “Accepting and Appropriating Funding from the American Library Association for the Kenai Community Library’s Participation in the NASA@ My Library Programming Initiative,” the Council announced its unquestioning support for the awarded grant funds and promptly adopted Ordinance No. 3249-2021. In so doing, the Council approved the earmarking of $500 from the NASA@ My Library Programming Initiative’s funds for the acquisition of library books. Why does the Council believe it is necessary to review a list of titles to be purchased with the grant money awarded under the “Library Collection Equity Wellness Titles” Ordinance, when no such review of prospective titles was required before passing Ordinance No. 3249-2021? Why is the acquisition of library materials about NASA and planetary science something that can be entrusted to the discretion of the Kenai Library Director without Council oversight or review, but not when it comes to the acquisition of library materials about health, wellness, and medicine? Pursuing such conduct is demonstrably arbitrary because it would result in disparate treatment of the “Library Collection Equity Wellness Titles” Ordinance, and it is plain that such disparate treatment would be founded upon a partisan-based, normative evaluation of the subject-matter associated with the materials to be purchased. This is wrong. Fourth, a decision by the Council to review a list of titles as a condition of adopting the “Library Collection Equity Wellness Titles” Ordinance would run contrary to the principles governing library collection development and maintenance as enshrined within the Kenai Municipal Code. Under the Municipal Code’s list of Kenai Community Library Policies, the book selection sub-policy’s preamble recognizes “the pluralistic nature of this community and the varied backgrounds and the needs of the citizens,” such that the “[s]election of books and/or other library materials shall be made on the basis of their value of interest, information, and enlightenment of all the people of the community.” With the authority to select books and/or other library materials being “vested in the librarian[,]” the book selection policy goes on to declare that “[n]o book and/or library material shall be excluded because of the race, nationality[,] or the political or social views of the author.” In this same vein, the policy declares that “censorship is a purely individual matter . . . and that while anyone is free to reject for himself books of which he does not approve, he cannot exercise this right of censorship to restrict the freedom to read to others.” The policy continues by declaring its defense of “the principles of the freedom to read . . . and that whenever censorship is involved[,] no book and/or library material shall be removed from the library save under the orders of a court of competent jurisdiction.” The book selection policy then concludes by adopting and incorporating by reference “The Library Bill of Rights” and “The Freedom to Read Statement adopted by the American Library Association.” We encourage the Council to review these enumerated policies within the Kenai Municipal Code, and – in accordance with these enumerated policies – refrain from reviewing titles of prospective materials prior to adopting the “Library Collection Equity Wellness Titles” Ordinance. Page 36 Page 4 of 4 Fifth, and finally, we support a Kenai Community Library that is robust, diverse, and multi-faceted when it comes to the information, materials, and resources made available to the public. This is best in keeping with providing a forum for the free and unfettered marketplace of ideas, while simultaneously providing information to the public free of partisan oversight and prejudicial limitation. The Council’s apparent plan to engage in a conditional, review-based screening of titles to be purchased before adopting the “Library Collection Equity Wellness Titles” Ordinance is not in keeping with these goals. Thank you for the opportunity to voice our support in favor of the “Library Collection Equity Wellness Titles” Ordinance! Please demonstrate your support for the Kenai Community Library by adopting this Ordinance, and by refraining from the review of any books/resources to be purchased with the Ordinance’s awarded grant funds! Sincerely, The Friends of the Kenai Community Library Board of Directors Page 37 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3258-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING FUNDING FROM THE STATE OF ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH, FOR THE HEALTHY AND EQUITABLE COMMUNITIES PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT FOR THIS FUNDING. WHEREAS, the City was notified of an award from the State of Alaska, DHSS, Division of Public Health for grant funding in support of creating and sustaining healthy and equitable communities that strategically aim to build infrastructure to improve health outcomes for high risk, underserved populations; and, WHEREAS, the City is eligible to receive $86,596.90 comprised of the City’s allocation of $43,298.45 and an additional $43,298.45 from the Kenai Peninsula Borough allocation that was approved by Kenai Peninsula Borough Ordinance 2021-19-29; and, WHEREAS, the City proposed a list of projects that were approved by the Health and Equitable Communities Program Manager, with the City’s Municipal Park Trail Boardwalk Project selected as first priority by the City Council at its November 3, 2021 meeting; and, WHEREAS, the Trail Boardwalk Project was included in the City’s Fiscal Year 2021-2026 Capital Improvement plan and is anticipated to utilize all the available funding; and, WHEREAS, it is in the best interest of the City to accept grant funding to improve infrastructure within the City that will result in a healthier community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept a grant in the amount of $86,596.90 from the State of Alaska, Department of Health and Social Services, and to expend those funds in compliance with the grant’s requirements and this ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: Trail Construction Capital Project Fund: Increase Estimated Revenues – Federal Grants $86,596.90 Increase Appropriations – Capital Projects Construction $86,596.90 Page 38 Ordinance No. 3258-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 3. That the City Manager is authorized to execute a memorandum of agreement with the State of Alaska, Department of Health and Social Services, Division of Public Health in requirements of the Healthy and Equitable Communities Grant. Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of December, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: December 1st, 2021 Enacted: December 15th, 2021 Effective: December 15th, 2021 Page 39 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: November 18, 2021 SUBJECT: Ordinance 3258-2021 Healthy & Equitable Communities Grant We were notified of a grant opportunity from the State of Alaska, Department of Health and Social Services (DHSS), Division of Public Health (DPH), that provides funding for communities to improve infrastructure that will build and promote living healthy and future pandemic prevention. Funding from this Healthy and Equitable Communities grant must have an emphasis on high risk, underserved population groups. The grant notification specified a minimum of three (3) years of funding support and we are addressing round one (1) of the program in this memo. Funding for the program is based on population of each community within Alaska and is calculated by the Alaska Health Equity Index. The City of Kenai is eligible for a municipal allocation of $43,298.45 from the State. Additionally, we have worked collaboratively with the Kenai Peninsula Borough (KPB) who is able to directly award additional funding to the City that is proportionate to the City’s municipal allocation, bringing our total funding to $86,596.90. KPB and the City of Kenai have recommended to the grant manager that KPB’s proportionate amount eligible to the City, be directly awarded to City and has been approved by the grant manager. This will increase efficiency and maximize funding directly to the project. A Memorandum of Agreement (MOA) will need to be executed between DPH and the City to meet requirements of the grant. A list of projects was submitted to the Program Manager for pre-approval with all projects but one being approved. The top 2 priorities were presented to Council on November 3rd, with Council voting for the Municipal Park Trail Boardwalk Project as the first project to move forward. This project has the potential to benefit individuals of all ages who come to Kenai and use the Trail Systems. We thank you for your consideration of this ordinance and we respectfully request your approval. Page 40 144 N. Binkley Street, Soldotna, Alaska 99669 • (907) 714-2150 • (907) 714-2377 Charlie Pierce Mayor October 22, 2021 Maria Caruso AK Department of Health & Social Services/Division of Public Health 3601 C Street, Suite 7 56 Anchorage , AK 99503-5924 Submitted electronically Sub j ect: Healthy Equ itable Communities Grant -City Allocations Dear Ms . Caruso : The Kena i Peninsula Borough formally requests that a portion of the Borough's allocation is directly awarded from DHSS to the cities of Kenai and Soldotna as follows: City of Kena i: direct award $43,298.45 of Borough funds to the city. This amount is in addition t o t he city 's anticipated allocation. City of Soldotna : direct award $25,847.27 of Borough funds to the city . This amount is in add ition to the city's anticipated allocation. This request removes a layer of unnecessary processes through the Borough by al lowing the state to provide direct oversight between the Division of Health and t he cities . We g rea t ly appreciate the cities' efforts to provide services and programs t ha t w ill have public benefit. Please contact Brenda Ahlberg, Community & Fiscal Projects Manager should you need additional information at 907-714-2153 or bahlberg@kpb.us Sincerely, Charlie Pie rce , Mayor ba/CP CC: Brenda Ahlberg , Community & Fiscal Projects M a na ger Pa ul Ostrander, City of Kenai Ci ty Manager Stephanie Queen, City of Soldotna Ci ty Ma nager Page 41 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3259-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL AND MUNICIPAL ROADWAY IMPROVEMENT CAPITAL PROJECT FUNDS, AND INCREASING A PURCHASE ORDER TO FOSTER’S CONSTRUCTION FOR THE 2021 BRYSON AVE BLUFF EROSION REPAIR PROJECT. WHEREAS on September 20, 2021 the City of Kenai executed a construction agreement with Foster’s Construction in the amount of $309,775 for the 2021 Bryson Ave Bluff Erosion Repair Project; and, WHEREAS Council authorized the project through passage of Ordinance 3244-2021 at the September 1, 2021 meeting; and, WHEREAS Council’s authorization at that time included a $45,000 contingency for the project, for a total approved purchase order amount of $354,775 to Foster’s Construction; and, WHEREAS erosion conditions resulting from the failed storm water piping continued to erode from the time of Bid release to the time of construction start, which resulted in additional quantities of classified fill to be used; and, WHEREAS the total cost of this additional fill material installed totals $53,332.50, subtracting the $45,000 provided in contingency, leaves a balance of $8,332.50 in required additional funding; and, WHEREAS the quantities were determined by land surveyor McLane’s Consulting prior to and after construction; and, WHEREAS the project is now 95% complete with the exception of topsoil and grass seed which will take place in the spring. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the Administration is authorized to execute Change Order 1 to Fosters Construction in the amount $53,332.50 for a new total Construction Agreement cost of $363,107.50. Purchase Order 123283 is authorized to be increased from $354,775 to $363,107.50. Section 2. That the estimated revenues and appropriations be increased as follows: Page 42 Ordinance No. 3259-2021 Page 2 of 2 General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $8,332.50 Increase Appropriations - Transfer to Municipal Roadway Improvement Capital Project Fund $8,332.50 Municipal Roadway Improvement Capital Project Fund: Increase Estimated Revenues – Transfer From General Fund $8,332.50 Increase Appropriations: 2021 Bryson Ave Bluff Erosion Repair Project – Construction $8,332.50 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of December, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: December 1, 2021 Enacted: December 15, 2021 Effective: December 15, 2021 Page 43 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Director of Public Works DATE: November 22, 2021 SUBJECT: Ordinance No. 3259-2021 The purpose of this memo is to request Council’s approval to increase estimated revenues and appropriations in the Roadway Improvement Capital Project Fund to cover project costs associated with Change Order 1 to Foster’s Construction for the 2021 Bryson Ave Bluff Erosion Repair project. The erosion associated with this project was the result of failed storm water conveyance piping. The erosion was ongoing and continued from the time of bid release to construction start which resulted in a larger affected area. Contingency funding was included within the original appropriating Ordinance in anticipation of this need, however actual costs came in $8,332.50 above projections. Council has previously approved the original purchase order of $354,775 to Foster’s construction which included the $45,000 contingency. Approval of this Ordinance will increase that purchase order to $363,107.50. Included below are photos of the project, before, during, and after construction. As well as the site survey used to calculate fill quantities. All in all the project has been a success, and is a great relief to both the property owners within the affected area as well as the Public Works Department that has been monitoring the area for over a year. Council’s support is respectfully requested. Page 44 Page 2 of 3 Page 45 Page 3 of 3 Page 46 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Council Member Knackstedt CITY OF KENAI ORDINANCE NO. 3260-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 13.40.010-DEFINITIONS, TO MAINTAIN CURRENT REGULATIONS ON OFF-ROAD VEHICLE USE IN KENAI AFTER JANUARY 1, 2022. WHEREAS, effective January 1, 2022 the State is changing its regulations to allow certain “all purpose vehicles” on roadways where the speed limit is 45 miles per hour or less, unless prohibited by municipal law; and, WHEREAS, Chapter 13.40- Off-Road Operations of Motor Vehicles, currently limits certain off- road or “all purpose” vehicle use in the City of Kenai; and, WHEREAS, in order to maintain the current regulations enacted by the City of Kenai for off-road or “all purpose” vehicle use in the City, a change to the definitions section of KMC 13.40.010 is required; and, WHEREAS, it is in the best interest of the City to maintain its current off-road or “all purpose” vehicle regulations after January 1, 2022. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 13.40.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.40.010 - Definitions, is hereby amended as follows: (a) “Electric personal motor vehicle” means an electric personal assistive mobility device that is a self-balancing vehicle with two (2) nontandem wheels, designed to transport only one (1) person, has an electronic propulsion system, and has a maximum speed of not more than fifteen (15) miles an hour. (b) “Off-road motor vehicle” means any [MOTOR VEHICLE NOT AUTHORIZED FOR OPERATION ON A PUBLIC ROADWAY ACCORDING TO STATE LAW OR REGULATION] self-propelled vehicle designed primarily for recreational cross country travel on land, snow, ice or water, or on more than one type of terrain and steered by wheels, tread, skis or any combination thereof, including vehicles that operate on a cushion of air, including but not limited to vehicles commonly known as all-terrain vehicles, four-wheelers, three-wheelers, side-by-sides, snow machines, hover crafts, dune buggies, or dirt bikes or any motorized vehicle that is being operated off of the maintained streets and roadways. Page 47 Ordinance No. 3260-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (c) “Wheelchair” means a manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of December, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Introduced: December 1, 2021 Enacted: December 15, 2021 Effective: January 14, 2021 Page 48 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Henry Knackstedt, Council member DATE: November 22, 2021 SUBJECT: Ordinance No. 3260-2021, Off Road Vehicle Use The State of Alaska Department of Public Safety is implementing new regulations effective January 1, 2022 to allow certain off-road or all-purpose vehicle use on public roads with a speed limit of 45 miles per hour or less. The regulation change allows for municipalities to continue to regulate off-road vehicles within their jurisdictions. The City of Kenai has previously regulated the use of these types of motorized vehicles within its jurisdiction. It is my understanding from administration that there is generally little conflict with regard to use of these vehicles in the City, however, the City’s regulations addressing public safety and protection of private and public property are valuable. The proposed Ordinance would maintain the prior status of off-road vehicle use in the City. Because the City’s prior regulations referenced a state law definition for off-road vehicles that is no longer valuable for the intended purpose, this Ordinance provides a new definition for “off-road” vehicles maintaining the existing status for off-road vehicle use in Kenai. Attached for your review is KMC Chapter 13.40- Off-Road Operations of Motor Vehicles, and a Question and Answer Sheet on the new state law produced by the Department of Public Safety. Your consideration is appreciated. Page 49 All Purpose Vehicle Usage on Roadways Frequently Asked Questions What does this new regulation do? Beginning January 1, 2022 all purpose vehicles will be allowed on roadways where the speed limit is less than 45 miles per hour and where boroughs, municipalities, or cities have not banned their use within their boundaries. All purpose vehicles must be equipped with a headlight, one rear-facing red light, one rear-facing red reflector, and one rear-facing red break light. The all-purpose vehicle must be equipped with brakes, a muffler, carburetor, and a throttle. What if my borough, municipality, or city opts out? If the borough, municipally, or city opts out of the regulations the APVs may not be used on roadways within their jurisdiction. Do I need a special driver’s license or endorsement? No, your current valid drivers license will be valid for the operation of an all-purpose vehicle. Those without a valid driver’s license may not operate an all-purpose vehicle on a roadway. Do I need a special registration? No, a special registration is not required. However, the APV will be required to have a standard motor vehicle registration. Do I need a license plate? Yes, front and rear license plates must be affixed to the APV if it is being operated on roadways. Do I need insurance? Yes, the operator must have a motor vehicle liability policy that complies with AS 28.22. What is an all-purpose vehicle? An all-purpose vehicle is any self-propelled device that is on wheels or tracks that come in contact with the ground. Common all-purpose vehicles are four-wheelers, all terrain vehicles (ATVs), utility terrain vehicles (UTVs), or side-by-sides. Do snowmachines and hovercrafts qualify as all-purpose vehicles? Snowmachines and hovercrafts are still not allowed to be operated on the roadway under these new regulations. Page 50 Do I have to follow traffic laws when I operate my APV on a roadway? You must follow all traffic laws when operating your APV on a roadway. Can an Alaska State Trooper or local police officer pull me over when I am operating an APV? Yes, APVs are subject to many of the same laws and regulations that vehicles must follow. What happens when the speed on a roadway increases from 45 miles-per-hour to 55 miles-per- hour? You may not operate an all-purpose-vehicle on any portion of a roadway that has a speed limit higher than 45 miles-per-hour. If the speed limit increases on the roadway, you may not travel on the portion of that roadway where the speed is higher than the limit. Am I required to use a helmet when I operate my APV on a roadway? Helmets are not required for drivers of an all purpose vehicle, however passengers are required to wear a helmet. Am I required to use a seatbelt if my APV is equipped with them when I operate on a roadway? If the all purpose vehicle is equipped with seat belts, the driver and any passengers will be required to use them while operating on a roadway. Am I required to provide child restraints or car seats for children that are passengers on an APV being operated on a roadway? Child restraint systems or car seats must be used if the APV is equipped with seat belts. If the APV is not equipped with seatbelts then a car seat or child restraint system is not required. Do I need to have turn signals on my APV? The operator must use hand signals or properly installed turn signals as required under current regulations and statutes for motor vehicles or motorcycles. Page 51 The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: www.kenai.city City Telephone: (907) 283-7535 Code Publishing Company 13.40.010 Definitions. (a) “Electric personal motor vehicle” means an electric personal assistive mobility device that is a self-balancing vehicle with two (2) nontandem wheels, designed to transport only one (1) person, has an electronic propulsion system, and has a maximum speed of not more than fifteen (15) miles an hour. (b) “Off-road motor vehicle” means any motor vehicle not authorized for operation on a public roadway according to State law or regulation or any motorized vehicle that is being operated off of the maintained streets and roadways. (c) “Wheelchair” means a manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. (Ords. 883, 2576-2011) 13.40.010 Definitions | Kenai Municipal Code Page 1 of 1 The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021. Page 52 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2021-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE EMPLOYEE CLASSIFICATION PLAN TO CHANGE THE RANGE OF THE PARKS AND RECREATION DIRECTOR. WHEREAS, Ordinance 3018-2018 created the Department Head Service Classification consisting of full-time paid employees who are the heads of departments and serve at will; and, WHEREAS, Department Head Service employees are compensated within a salary range instead of on a step scale, allowing the City Manager some flexibility as needed to support recruitment and retention; and, WHEREAS, the Parks & Recreation Director position in the City has historically been in the classified service with a range of 22; and, WHEREAS, the Parks & Recreation Director position in the City has recently been vacated due to the retirement of the former Director; and, WHEREAS, pursuant to Ordinance 3018-2018, when hired, the new Parks & Recreation Director will be in the Department Head Service; and, WHEREAS, the Parks & Recreation Director job description was reviewed and improved upon following its vacancy in October of 2021, before which it had not been reviewed since 2014; and, WHEREAS, the Parks & Recreation Director role compares closely to the Department Head Class positions of Planning Director, Senior Center Director, and Library Director all which have been assigned to range 23; and, WHEREAS, after reviewing and improving the job description and comparing the position to other positions in the City in the Department Head Service, an adjustment in the range of the Parks and Recreation Director from a 22 to a 23 is warranted; and, WHEREAS, making this change improves the City’s position in the recruitment and retention of candidates who are qualified to run a parks and recreation program of the size and scope we have at the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The Council amends the Employee Classification Plan by changing the range of the Parks and Recreation Director from 22 to 23. Section 2. That this resolution takes effect immediately upon passage. Page 53 Resolution No. 2021-71 Page 2 of 2 _____________________________________________________________________________________ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of December, 2021. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________ Page 54 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: December 8, 2021 SUBJECT: Resolution 2021-71 – Range Increase for Parks and Recreation Director This resolution requests that Council amend the City’s Classification Plan by changing the range of the Parks and Recreation Director from 22 to 23. This change aligns the position with other similar positions within the City, including the Senior Center Director, Library Director and Planning Director, and improves the City’s position with both recruitment and retention of candidates for the role. Ordinance 3018-2018 established the Department Head Service classification. Pursuant to that ordinance, when hired, the new Parks and Recreation Director will be in the Department Head Service. Thank you for your consideration. Page 55 City of Kenai Council Meeting Page 1 of 12 December 1, 2021 KENAI CITY COUNCIL – REGULAR MEETING DECEMBER 1, 2021 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on December 1, 2021, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor James Baisden Henry Knackstedt Teea Winger Deborah Sounart Glenese Pettey Jim Glendening A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Terry Eubank, Finance Director Jamie Heinz, City Clerk 3. Agenda Approval MOTION: Mayor Gabriel noted the following additions to the packet: Add to item D.1. Ordinance No. 3254-2021 • Written Public Comment Add to item D.5. Resolution No. 2021-70 • Written Public Comment Add to item G.3. Ordinance No. 3257-2021 • Written Public Comment Page 56 City of Kenai Council Meeting Page 2 of 12 December 1, 2021 Add to item G.6. Ordinance No. 3260-2021 • Written Public Comment Add to item G.7. Land Management Plan Discussion • Email from City Manager • Written Public Comment Add item O.5. Information Items • Letter Regarding Halibut Abundance-Based Management Mayor Gabriel noted that Joy Merriner was delayed, and asked that the order of item B. Scheduled Public Comments be adjusted on the agenda to accommodate her arrival. MOTION: Council Member Knackstedt MOVED to approve the agenda with the requested revisions, and Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Pettey SECONDED the motion. The items on the Consent Agenda were read into the record. Mayor Gabriel opened the floor for public comment. Jane Fuerstenau, president of the Friends of the Kenai Library and Library Director from Kenai Peninsula College, pointed out the library has already been selected to receive grant with no specific list of required titles. She noted that the mission of the agency providing the grant is to foster health literacy and public health through resources and training, and expressed skepticism of why there would be caution for accepting the grant. She discussed the term equity, noting it means providing updated health resources to community members regardless of their financial or geographic limitations. Marian Nelson expressed her support for the Library and agreed with Jane Fuerstenau’s comments. She explained that there is a mural show at the Fine Arts Center and encouraged everyone to visit. Dave Peck noted that the word equity is a loaded political term used in pursuit of social justice and encouraged the Council to exercise caution accepting any grants that are based on the goal of equity. Susan Smalley discussed the word equity, noting that can be a dog-whistle term and disagreed that it is something people should be afraid of; noted that her family has participated in library activities for years and that the library never forces you to take books. She discussed how the City Council has a lot of issues to address and choosing library books should not be their priority. Page 57 City of Kenai Council Meeting Page 3 of 12 December 1, 2021 There being no one wishing to be heard, the public comment period was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS 1. Joy Merriner, BDO USA, LLP - Presentation of the FY2021 City of Kenai Annual Comprehensive Financial Report, Federal and State Single Audit Reports, and Audit Wrap Up. [Clerk’s Note: This item was delayed for arrival of the speaker.] C. UNSCHEDULED PUBLIC COMMENTS Robert Ruffner spoke as a representative of Alaska Salmon Alliance about the UCIDA letter regarding the Cook Inlet fishery closure. Explained the legal background for the closing of the EEZ and the timeframe for engagement in upcoming legal action. Tim Dillon, Executive Director of Kenai Peninsula Economic Development District, explained that they will be holding their annual Industry Outlook Forum in January, which would be a full day of discussion and presentations about current trends in the local economy; noted the speakers and presentations and encouraged everyone to attend. SCHEDULED PUBLIC COMMENTS 1. Joy Merriner, BDO USA, LLP - Presentation of the FY2021 City of Kenai Annual Comprehensive Financial Report, Federal and State Single Audit Reports, and Audit Wrap Up. [Clerk’s Note: This item was delayed for arrival of the speaker.] Joy Merriner reported on the FY21 Audit Wrap-up document, the Single Audit Report, and the Comprehensive Annual Financial Report (CAFR) noting her firm, BDO USA, LLP, issued unmodified, clean opinions, meaning the City followed the adopted standards for governmental agencies. She explained that there was a lot of work this year auditing the CARES funding and Airport Improvement Program; noted that as always, the City’s financial team is very cooperative and there were no misstatements that needed to be corrected. D. PUBLIC HEARINGS 1. Ordinance No. 3254-2021 - Amending Kenai Municipal Code Section 14.05.025 – Telephonic Participation at Planning and Zoning Commission Meetings, to Provide Page 58 City of Kenai Council Meeting Page 4 of 12 December 1, 2021 for Remote Electronic Participation in Planning and Zoning Commission Meetings by Commission Members. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance 3254-2021 and Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. It was noted the Clarion article on this ordinance was appreciated. It was clarified that it is consistent with the changes made to code on Council’s electronic participation, and that the Planning & Zoning Commission approved it unanimously. VOTE: YEA: Gabriel, Glendening, Pettey, Baisden, Sounart, Winger, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3255-2021 - Accepting and Appropriating Grants from the U.S. Department of Homeland Security Passed Through the State of Alaska Department of Military and Veterans’ Affairs for the Purchases of Public Safety Radios for Police, Fire, and Communications Departments. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3255-2021 and Council Member Pettey SECONDED the motion. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. Clarification was provided that Kenai Police Department (KPD) has been seeking grants to replace radios for several years as their current radios are becoming obsolete due to new standards. When the radio project is finished the system will serve the department for at least fifteen years; KPD plans to maintain at least one legacy police and one fire radio system. VOTE: YEA: Glendening, Pettey, Baisden, Sounart, Winger, Knackstedt, Gabriel NAY: MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2021-68 - Authorizing a Budget Transfer in the CARES Act Recovery Fund, First Responder and Incident Management Team Payroll, CARES Act Administration and Non-payroll, and Individual Assistance Grants Departments. (Administration) Page 59 City of Kenai Council Meeting Page 5 of 12 December 1, 2021 MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2021-68 and Vice Mayor Glendening SECONDED the motion. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Pettey, Baisden, Sounart, Winger, Knackstedt, Gabriel, Glendening NAY: MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2021-69 - Approving the Execution of a Lease of Airport Fund Lands Using the Standard Lease Form Between the City of Kenai and Integrated Account Management, Inc. on Lot 3, Block 3, Cook Inlet Industrial Air Park Subdivision. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2021-69 and Vice Mayor Molloy SECONDED the motion. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. Clarification was provided that it conformed with Title 21. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 5. Resolution No. 2021-70 - Opposing Government Mandates Requiring Vaccines and Face Coverings Related to COVID 19. (Council Members Baisden and Winger) MOTION: Council Member Baisden MOVED to adopt Resolution No. 2021-70 and Council Member Sounart SECONDED the motion. Mayor Gabriel opened the floor for public comment. Garrett Ennis stated his support for the resolution because it reinforces idea of freedom and liberty for each individual to choose, and noted that information about vaccine injury is censored. He suggested a change of language so that government mandates not be enforced. Addressed public comments in the laydown, disagreeing that it is divisive and ineffective. Noted it is important that we stand for God-given rights. Page 60 City of Kenai Council Meeting Page 6 of 12 December 1, 2021 Susan Smalley drew comparisons between smoking and COVID-19, noting that there are restrictions on smoking because it affects people around the smoker, and the effects of COVID-19 crosses over between people and affects them; explained how unvaccinated people have led to overcrowding in hospitals resulting in delays to the medical needs of others. She noted that the spread of COVID-19 has hurt businesses and suggested a workplace losing their ability to require masks or vaccination seems like government overreach. Queen Parker expressed support for the resolution noting she stands for liberty and freedom. She expressed skepticism about vaccines. She stated that mandates stand in the way of individual freedom, and that masks conceal identity and restrict breathing. Margaret Gilman spoke in opposition to the resolution, and reiterated Susan Smalley’s example of smoking restrictions as a positive government intervention for public safety. She encouraged the Council to oppose the resolution because there are no current federal mandates outside the airport and this resolution will not supersede federal law. She noted this divides the community because people have strong opinions about masking and vaccines, and this resolution makes the pandemic a political issue when it should be about people. Bobby Jollicki spoke in favor of the resolution because she supports people being able to make their own choice and freedom of choice is paramount. She states that she has a hard time hearing people who are wearing masks, and she wants people to be able to smile and see each other; noted that she knows of seventeen people who have died from COVID-19 after receiving the vaccine, including her mother. Barbara Christian spoke in opposition to the resolution, noting that she has had freedom while wearing a mask, but feels she has had her freedom limited by people who do not wear masks and are not vaccinated. She stated that freedom goes both ways, and some people believe that freedom lies in following mandates and suggested public health measures. Christine Hutchison spoke in favor of the resolution. She expressed concern for the future, stated that she will not comply with mandates, and expressed doubt about the vaccine. She said this resolution will make a statement for this community, and that we have to take a stand. Alice Heckert stated she supported the resolution, discussed the importance of personal responsibility and freedom, and shared and her family’s experience with COVID-19. She stated that the resolution gives people the ability to choose. Dave Peck shared that he is vaccinated but that he wouldn’t want others ordered to do that, that this resolution would make a statement and be a step to support freedom. Cathy Medcoff stated that she supports the resolution and thanked the Council for bringing it forth. She said there is no reason to wait on making this statement, and we need to be ready. She expressed skepticism of the vaccine, and that we will lose our freedom and our lives if we are not careful. Ken Brown noted that he had heard some inaccuracies from the public, noting that the vaccine does not provide immunity and that it may provide people with a false idea that they are immune and cannot spread the virus; expressed support for the resolution noting that it sends a message. There being no one else wishing to be heard, the public comment period was closed. Page 61 City of Kenai Council Meeting Page 7 of 12 December 1, 2021 MOTION TO AMEND: Council Member Baisden MOVED to amend Resolution No. 2021-70 by deleting “as a condition of employment” from the 3rd WHEREAS. Council Member Winger SECONDED the motion. Clarification was provided that this phrase would be left in Section 1. UNANIMOUS CONSENT was requested. VOTE ON AMENDMENT: There being no objections, SO ORDERED. It was stated that the goal of this resolution was to make a statement at the local level, in preparation for possible implementation of federal mandates. The Council discussed how the City has made every effort to make vaccines available, has been consistent about providing freedom of choice to its residents and this sends the message in support of that. It was noted that when doctors are fearful this may limit people’s freedom to receive services. It was stated that this resolution is not meant to be divisive but an opportunity to uphold personal liberty and freedom of choice, and allows people to follow their conscience. Discussion involved if federal law supersedes the City, what passing this resolution would accomplish and how it would move the city forward. It was reiterated that the primary accomplishment would be sending a message about protecting residents from federal mandates. Clarification was provided that businesses would still have the right to implement their own rules. The Council reviewed how they have responded to the COVID-19 pandemic over the past two years, and discussed the efficacy of mandates and the vaccine. An explanation was provided on how City facilities have responded to COVID-19 rates through implementation and removal of onsite mask policies, and it was clarified that the intent was to not have mandates in place. Clarification was provided that facilities are administered by City Manager who works for the Council. VOTE: YEA: Sounart, Winger, Knackstedt, Gabriel, Glendening, Pettey, Baisden NAY: MOTION PASSED UNANIMOUSLY. E. MINUTES 1. *Regular Meeting of November 3, 2021. (City Clerk) Approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Page 62 City of Kenai Council Meeting Page 8 of 12 December 1, 2021 Approved by the consent agenda. 2. *Ordinance No. 3256-2021 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Funds, Authorizing the Acceptance of a Grant from the Federal Aviation Administration for the Kenai Municipal Airport Sand Storage Facility Construction Phase II, and Authorizing a Budget Transfer in the Airport Improvements Capital Project Fund – Kenai Municipal Airport Sand Storage Facility Project to Facilitate the Return of Funds Advanced from the Airport Special Revenue Fund. (Administration) Introduced by the consent agenda and Public Hearing set for December 15, 2021. 3. *Ordinance No. 3257-2021 - Accepting and Appropriating a Collection Equity Award from the Network of the National Library of Medicine Region 5 for the Purchase of Health and Wellness Titles for the Kenai Community Library Collection. (Council Members Knackstedt and Pettey) Introduced by the consent agenda and Public Hearing set for December 15, 2021. 4. *Ordinance No. 3258-2021 - Accepting and Appropriating Funding from the State of Alaska Department of Health and Social Services, Division of Public Health, for the Healthy and Equitable Communities Program, and Authorizing the City Manager to Execute a Memorandum of Agreement for this Funding. (Administration) Introduced by the consent agenda and Public Hearing set for December 15, 2021. 5. *Ordinance No. 3259-2021 - Increasing Estimated Revenues and Appropriations in the General and Municipal Roadway Improvement Capital Project Funds, and Increasing a Purchase Order to Foster’s Construction for the 2021 Bryson Ave Bluff Erosion Repair Project. (Administration) Introduced by the consent agenda and Public Hearing set for December 15, 2021. 6. *Ordinance No. 3260-2021 - Amending Kenai Municipal Code 13.40.010- Definitions, to Maintain Current Regulations on Off-Road Vehicle Use in Kenai After January 1, 2022. (Council Member Knackstedt) Introduced by the consent agenda and Public Hearing set for December 15, 2021. 7. Discussion - Land Management Plan Commission Consideration Changes. (Vice Mayor Glendening and Council Member Winger) It was clarified that the purpose of the discussion was to provide direction for the City’s commissions and committees regarding their discussion of the Land Management Plan (LMP), in response to comments about how they should manage their review when it contains a large amount of maps and information. The proposed plan for breaking up the LMP and staggering the presentations among separate meetings for each commission/committee was explained. It was also noted that in addition to this plan, further information regarding the City’s Land Use Table, Titles 21 and 22, and LMP recommendation definitions and examples could be provided to the commissioners and committee members. Page 63 City of Kenai Council Meeting Page 9 of 12 December 1, 2021 There was no objection and Mayor Gabriel invited the Planning and Zoning Commissioners in the audience to give feedback. Jeff Twait, Chair of Planning & Zoning Commission, expressed that the commission had been encouraged to take their time and he had initially agreed with that. He noted that the commission had already done a lot of work on the LMP. He stated that he supported postponing to get more public comment but felt the commission was nearly ready to make their recommendations. He agreed that some other commissions may require more time to understand, but Planning & Zoning was very familiar with this subject matter. Alex Douthit, Planning & Zoning Commissioner, expressed that there were misconceptions about why there had been fewer comments about the LMP than expected; the draft LMP had been available to the commissions and public for months, and it was possible that they didn’t have comments. He noted that it was primarily a tool and did not set forward a plan that was set and stone. He noted that the commission could break it down and postpone approval for months, but if the commissions are able to approve it sooner they should be able to do so. His main reason for continuing to postpone was to provide more opportunity to receive public comments. Council Members discussed their experience sitting as liaisons during commission meetings. Discussion involved how the suggested new schedule differed from the original rollout of the LMP to commissions, and whether the Planning & Zoning Commission could or should approve their resolution prior to the other commissions. It was noted that the commissions have had months to read and digest the LMP materials. The Council determined that a document clarifying the Land Use Table, Titles 21 and 22, and LMP definitions would be provided to the commissions, and they would continue to pace themselves as they have been. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging – Council Member Knackstedt reviewed the actions of the November 10, 2021 meeting. Next meeting January 13, 2021. 2. Airport Commission – Council Member Baisden reviewed the actions of the November 9, 2021 meeting. Next meeting December 9, 2021, noted he would not be able to attend and Council Member Knackstedt would take his place. 3. Harbor Commission – Council Member Pettey reviewed the actions of the November 8, 2021 meeting. A special meeting will be held in January. 4. Parks and Recreation Commission – Council Member Winger reported on the actions of the November 4, 2021 meeting. Next meeting on January 6, 2022 will be a joint meeting with the Beautification Committee. 5. Planning and Zoning Commission – Council Member Winger reviewed the actions of November 10, 2021 meeting. Next meeting December 8, 2021. Page 64 City of Kenai Council Meeting Page 10 of 12 December 1, 2021 6. Beautification Committee – Council Member Sounart reviewed the actions of the November 4, 2021 meeting. Next meeting December 14, 2021. 7. Mini-Grant Steering Committee – Mayor Gabriel reported on the meeting of November 5, 2021. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Thanked Vice Mayor Glendening for attending the Senior Center’s 50th anniversary; • Attended Alaska Municipal League virtually, and Alaska Conference of Mayors in-person; • Submitted an application for the Coastal Community Mayor seat on the Alaska Bycatch Review Task Force; • Attended Christmas Comes to Kenai; • Noted the UCIDA letter in the packet, will be on the agenda for the next Council meeting; • Thanked Finance Director Eubank for his work on the audit. J. ADMINISTRATION REPORTS 1. City Manager – City Manager Ostrander reported on the following: • City League Basketball will be starting in January 2022 for the first time in 18 years; • Saturday is annual Shop with a Cop event; • Kenai City Hall participating in Mountain View Elementary Christmas Drive; • Kenai Fire Department and Police Department participated in a tabletop exercise with CINGSA; • Bluff project update: still on schedule to receive 35% of documents by the end of the month. Hope to see Infrastructure Bill funding in the next few months. 2. City Attorney – City Attorney Bloom reported on the following: • Hosted annual Alaska Municipal Attorney’s Association conference, thanked Council for support and noted the hard work of Legal Assistant Cindy Herr. 3. City Clerk – City Clerk Heinz reported on the following: • Attended the annual Alaska Association of Municipal Clerk’s conference, thanked Council for their support. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Jeff Twait extended an offer to have Planning & Zoning Commission members provide help to other City commissions and committees with their Land Management Plan discussion, and noted that it will be discussed at their next meeting. Page 65 City of Kenai Council Meeting Page 11 of 12 December 1, 2021 2. Council Comments Council Member Pettey noted that she attended Christmas Comes to Kenai, and the 50th Anniversary celebration of the Kenai Senior Center. Thanked Finance Director Eubank and staff for the audit and their work in the Finance Department, and thanked the Streets staff for maintaining the roads this winter. Also noted that she attended AML. Noted the upcoming Relay for Life ski event at the Kenai Golf Course. Vice Mayor Glendening noted that he attended Christmas Comes to Kenai, and the 50th Anniversary celebration of the Kenai Senior Center. Council Member Sounart noted that she attended Christmas Comes to Kenai, and the 50th Anniversary celebration of the Kenai Senior Center. Thanked the public for their attendance and discussion tonight. Council Member Winger noted that she attended Christmas Comes to Kenai, and volunteered for Santa Comes to Kenai. Thanked Finance Director Eubank and staff for his work on the audit. Noted she is excited to hear about City League Basketball, and congratulated the Kenai volleyball team for coming in 2nd at State. Noted she will be camping this winter and will notify Council when she will be off-grid. Will be attending swim meet in Seward. Appreciated comments and discussion tonight. Council Member Baisden thanked the public for their discussion tonight. Recognized the Kenai volleyball team, thanked Administration for their time meeting with him, and thanked Knackstedt for filling in for him on Airport Commission. Council Member Knackstedt attended the Alaska Municipal League conference, recognized Terry Eubank for being elected President of the AML Investment Pool; noted Attorney Bloom is President of AMAA and gave a presentation at AML. Enjoyed the Senior Center 50th Anniversary. Thanked Eubank for his leadership in Finance Department. Spoke of his time participating in marching band in past years. L. EXECUTIVE SESSION – None. M. PENDING ITEMS 1. Resolution No. 2021-64 - Awarding an Agreement for the Kenai Waterfront Redevelopment Assessment and Feasibility Study. (Administration) [Clerk's Note: At the November 3, 2021 Meeting, this item was Postponed to the December 15, 2021 Council Meeting; a motion to enact is on the floor.] N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. Dog Park Update from Pat Porter Page 66 City of Kenai Council Meeting Page 12 of 12 December 1, 2021 3. Kenai Historical Society Newsletter - 12/2021 4. United Cook Inlet Drift Association Statement on the Cook Inlet Fishery Closure. There being no further business before the Council, the meeting was adjourned at 10:37 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of December 1, 2021. _____________________________ Jamie Heinz, MMC City Clerk Page 67 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2021-64 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING AN AGREEMENT FOR THE KENAI WATERFRONT REDEVELOPMENT ASSESSMENT AND FEASIBILITY STUDY. WHEREAS, the City issued a formal Request for Proposals (RFP) for the Kenai Waterfront Redevelopment Assessment and Feasibility Study on September 7, 2021 with the following proposals received on October 8, 2021, BIDDERS TOTAL PROPOSAL SCORE McKinley Research Group, LLC 274.65 PDC, A Division of RESPEC Company, LLC 257.5 Agnew :: Beck 252.25 ; and, WHEREAS, proposals were evaluated by the evaluation committee according to the criteria set forth in the RFP the week of October 11, 2021; and, WHEREAS, taking into consideration price and the evaluation factors set forth in the request for proposals, responsive proposals were awarded points as set out in the RFP, and the proposal submitted by McKinley Research Group, LLC was awarded the highest points and determined to be the most advantageous to the City; and, WHEREAS, the recommendation from City Administration is to award an Agreement to McKinley Research Group, LLC for $94,890; and, WHEREAS, the attached agreement for services includes the scope of services provided in the RFP, including the Kenai Waterfront Feasibility Study, Conceptual Plans and Financial Feasibility Analysis; and, WHEREAS, sufficient funds have been appropriated for this purchase. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The Council authorizes award of an Agreement for the Kenai Waterfront Redevelopment Assessment and Feasibility Study to McKinley Research Group, LLC for the total cost of $94,890. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of November, 2021. Page 68 Resolution No. 2021-64 Page 2 of 2 _____________________________________________________________________________________ __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________ Page 69 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Christine Cunningham, Assistant to City Manager DATE: October 21, 2021 SUBJECT: Resolution No. 2021-64 – Awarding an Agreement for the Kenai Waterfront Redevelopment Assessment and Feasibility Study The purpose of this memo is to recommend awarding an agreement for the Kenai Waterfront Redevelopment Assessment and Feasibility in the amount of $94,890.00 to McKinley Research Group, LLC. The City advertised the Request for Proposals (RFP) three times at least two weeks prior to the date bids were due, as well as on the City website. The following proposals were received on October 8, 2011: BIDDERS TOTAL PROPOSAL SCORE McKinley Research Group, LLC 274.65 PDC, A Division of RESPEC Company, LLC 257.5 Agnew :: Beck 252.25 Taking into consideration price and the evaluation factors set forth in the request for proposals, responsive proposals were awarded points as set out in the RFP, and the proposal submitted by McKinley Research Group, LLC was determined to be the most advantageous to the City. Ordinance 3237-2021 appropriated $95,000 for this study with an estimated cost of the f easibility report being $75,000 and a $20,000 contingency for additional items (e.g. conceptual plans and financial feasibility analysis). The RFP included a cost proposal form that requested proposers provide a base bid for all services, and a deductive alternate, which provided for elimination of services to provide conceptual plans and Financial feasibility analysis. The attached agreement for services includes all items included in the scope of services provided in the RFP, including the Kenai Waterfront Feasibility Study, Conceptual Plans and Financial Feasibility Analysis. Council's approval is respectfully requested. Page 70 PROFESSIONAL SERVICES AGREEMENT FOR KENAI WATERFRONT REDEVELOPMENT ASSESSMENT AND FEASIBILITY STUDY THIS AGREEMENT made and entered by and between the CITY OF KENAI and MCKINLEY RESEARCH GROUP, LLC. Section 1. Definition. In this Agreement: 1. The term “City” means the City of Kenai. 2. The term “Consultant” means McKinley Research Group, LLC. 3. The term “City Manager” means the City Manager of the City of Kenai or authorized representative. Section 2. Scope of Services. The Consultant shall perform all the services provided for by this Agreement: 1. Kenai Waterfront Feasibility Study i. Project Meetings Engage City personnel to discuss the project, scope, project plan, and timelines and acquire necessary materials (e.g., mapping, zoning, available lands information). Establish project meetings at the beginning of the process, with additional meetings to be scheduled as necessary. Attend City Council and Planning and Zoning Commission meetings to present the final Feasibility Study and attend any additional public meetings as necessary. ii. Communications Maintain communication with designated City personnel to provide regular updates and discuss the progress of the project. Communication will be provided to the City Council, Planning and Zoning Commission, and the public as necessary throughout the project. iii. Community Engagement Engage the Kenai community to develop vision, core concepts, and priorities, including an initial meeting with the City of Kenai Administrative team to develop a program to work with members of the public and identify a multifaceted community engagement strategy and process that is transparent and inclusive. iv. Elements of Study Develop a comprehensive feasibility study, including the following elements: 1) Engage Kenai community and develop vision, core concepts, and priorities 2) Evaluate market conditions and identify opportunities for potential revitalization of the area Page 71 3) Review and assess existing plans and area characteristics, including infrastructure, access, zoning, and regulations to identify development constraints and provide recommended changes to support a thriving business, residential, recreational and cultural community 4) Review existing infrastructure and assess infrastructure needs to support redevelopment, including roads, water, sewer, stormwater, electrical, alternative power generation, and broadband infrastructure 5) Identify economic strategies, including private-public partnerships, external funding opportunities, improvement districts, and incentives that encourage redevelopment of the area 6) Develop an implementation strategy and recommendations v. Final Report Provide five (5) bound copies and an electronic version of the final feasibility study in an accessible file format. The final report should include results of public involvement, background review, assessment of existing conditions, risks and opportunities related to redevelopment, infrastructure needs, redevelopment strategies and concepts to revitalize and incentivize redevelopment, recommendations regarding zoning or land and development code changes and potential economic incentive programs, conceptual development design options, and potential for combinations of uses and activities to support revitalization of the area to maximize the potential to support a thriving business, residential, recreational and cultural community. 2. Conceptual Plans and Financial Feasibility Analysis i. Prepare examples of conceptual plan(s) for potential site redevelopment alternative(s) that are reproducible and in an accessible file format ii. Prepare financial analysis to evaluate the feasibility of redevelopment alternative(s) Section 3. Time of Performance. The services of the Consultant shall commence November 8, 2021, and shall terminate May 31, 2022, subject to appropriation of funds from the Kenai City Council. The period of performance may be extended for additional periods only by the mutual written agreement of the parties and subject to appropriation of funds by the Kenai City Council. Section 4. Compensation. 1. Subject to the provisions of this Agreement, the City shall pay the Consultant as compensation a total sum of Ninety-Four-Thousand, Eight Hundred and Ninety Dollars ($94,890.00) for those services to which the parties agree in this Agreement. 2. Except as otherwise provided in this Agreement, the City shall not provide any additional compensation, payment, service or other thing of value to the Consultant in connection with performance of Agreement duties. The parties understand and agree that, except as otherwise provided in this agreement, administrative overhead and other indirect or direct costs the Consultant may incur in the performance of its obligations under this Agreement have already been included in computation of the Consultant’s fee and may not be charged to the City. Page 72 Section 5. Method and Time of Payment. 1. Payment shall be made within thirty (30) calendar days from receipt of an approved invoice. 2. Any expenditures identified as reimbursable under the request for proposal shall be included with the billings for professional services. Billing shall include a summary of expenditures to date by line item categories (e.g., personal services, travel, lodging, meals, and other). Documentation of expenditures need not be submitted with billings but must be retained by the Consultant in the event the City requests said documentation. 3. No payment will be disbursed until the completed task and associated expenditures have been approved by the City. 4. All invoices should be submitted in duplicate and addressed as follows: City of Kenai Attn: City Manager Office 210 Fidalgo Avenue Kenai, AK 99611 Section 6. Ownership. All finished or unfinished documents, data, studies, surveys, and reports or other material prepared by the Consultant under this Agreement are the property of the City. Section 7. Termination of Agreement for Cause. If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner the obligations under this Agreement or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall have the right to terminate this Agreement by giving written notice to the Consultant of termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. All finished or unfinished documents, data, studies, surveys and reports or other material prepared by the Consultant under this Agreement are the property of the City and shall be delivered to the City by or upon the effective date of termination. The Consultant shall be entitled to receive compensation only for work completed to the City’s satisfaction in accordance with the terms of this Agreement. Section 8. Termination for Convenience of City. The City may terminate this Agreement at any time by giving written notice to the Consultant of such termination and specifying the effective date of such termination. All finished or unfinished documents and other materials as described in Section 7, above, are the property of the City and shall be delivered to the City by or upon the effective date of termination. The Consultant shall be entitled to receive compensation in accordance with the payment provisions of this Agreement only for work completed to the City’s satisfaction in accordance with the terms of this Agreement. If this Agreement is terminated due to the fault of the Consultant, Section 7 of this Agreement shall govern the rights and liabilities of the parties. Section 9. Causes Beyond Control. In the event the Consultant is prevented by a cause or causes beyond control of the Consultant from performing any obligation of this Agreement, nonperformance resulting from such cause or causes shall not be deemed to be a breach of this Agreement which will render the Consultant liable for damages or give rights to the cancellation of this Agreement for cause. However, if and when such cause or causes cease to prevent Page 73 performance, the Consultant shall exercise all reasonable diligence to resume and complete performance of the obligation with the least possible delay. The phrase “cause or causes beyond control,” as used in this section, means any one or more of the following causes which are not attributable to the fault or negligence of the Consultant and which prevent the performance of the Consultant: fire, explosions, acts of God, war, orders or law of duly constituted public authorities, and other major uncontrollable and unavoidable events, all of the foregoing which must actually prevent the Consultant from performing the terms of this Agreement. Events which are peculiar to the Consultant and would not prevent another Consultant from performing, including, but not limited to financial difficulties, are not causes beyond the control of the Consultant. The City will determine whether the event preventing the Consultant from performing is a cause beyond the Consultant’s control. Section 10. Modifications. 1. The parties may mutually agree to modify the terms of this Agreement. Modifications to this Agreement shall be incorporated into this Agreement by written amendments. 2. It is expressly understood that the City may require changes in the scope of services and an unreasonable refusal by the Consultant to agree to modification in the scope of services will be the basis for termination of this Agreement for cause. It is expressly understood that the total amount of compensation for successful performance of this Agreement will not be modified, under any circumstances, without prior written approval of the City. Section 11. Interest of Members of City and Others. No officer, member or employee of the City and no member of its governing body, and no other public official of the governing body shall participate in any decision relating to this Agreement which affects their personal interest or the interest of any corporation, partnership or association in which they are, directly or indirectly, interested or having any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Section 12. Assignability. The Consultant shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Consultant from the City under this Agreement may be assigned by court order or to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City, or the Consultant shall be responsible to the City for any moneys due the assignee of this Agreement, which are paid directly to the Consultant. Section 13. Interest of Consultant. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Consultant further covenants that in the performance of this Agreement no person having any such interest shall be employed. Section 14. Findings Confidential. To the extent permitted or required by law any reports, information, data, etc., given to or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. Page 74 Section 15. Publication, Reproduction and Use of Materials. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. Section 16. Jurisdiction; Choice of Law. Any civil action arising from this Agreement shall be brought in the superior court for the third judicial district of the state of Alaska at Kenai. The law of the state of Alaska shall govern the rights and obligations of the parties. Section 17. Non-Waiver. The failure of the City at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provisions, nor in any way affect the validity of this Agreement or any part thereof, or the right of the City thereafter to enforce each and every protection hereof. Section 18. Permits, Laws and Taxes. The Consultant shall acquire and maintain in good standing all permits, licenses and other entitlements necessary to the performance under this Agreement. All actions taken by the Consultant under this Agreement shall comply with all applicable federal, state, and local regulations including, but not limited to, those laws related to wages, taxes, social security, workers compensation, nondiscrimination, licenses, and registration requirements. The Consultant shall pay all taxes pertaining to its performance under this Agreement. Section 19. Agreement Administration. 1. The City Manager or designee, will be the representative of the City administering this Agreement. 2. The services to be furnished by the Consultant shall be administered, supervised, and directed by Susan Bell, President, with Donna Logan, Senior Consultant acting as primary contact and day-to-day project manager. In the event that the individual named above or any of the individuals identified in the proposal to perform work under this Agreement is unable to serve for any reason, the Consultant shall appoint a successor in interest subject to written approval of the City. Section 20. Integration. This instrument and all appendices and amendments hereto embody the entire agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either oral or written, between the parties. Section 21. Defense and Indemnification. The Consultant shall indemnify, defend, save and hold the City, its elected and appointed officers, agents and employees, harmless from any and all claims, demands, suits, or liability of any nature, kind or character including costs, expenses, and attorneys’ fees resulting from Consultant or Consultant’s officers, agents, employees, partners, attorneys, suppliers, and subconsultants’ performance or failure to perform this Agreement in any way whatsoever. This defense and indemnification responsibility includes claims alleging acts or omissions by the City or its agents which are said to have contributed to the losses, failure, violations, or damage. However, Consultant shall not be responsible for any damages or claim arising from the sole negligence or willful misconduct of the City, its agents, or employees. Consultant and subconsultants shall also not be required to defend or indemnify the Page 75 Owner for damage or loss that has been found to be attributed to an independent contractor directly responsible to the City under separate written contract. Section 22. Interpretation and Enforcement. This Agreement is being executed by the parties following negotiations between them. It shall be construed according to the fair intent of the language as a whole, not for or against any party. The titles of sections in this Agreement are not to be construed as limitations or definitions but are for identification purposes only. Section 23. Relationship of the Parties. The services to be rendered under this Agreement are those of an independent contractor. The Consultant will not at any time directly or indirectly act as an agent, servant or employee of the City or make any commitments or incur any liabilities on behalf of the City without the City’s express consent. The City shall not supervise or direct the Consultant except as set forth in this agreement. Section 24. Insurance. Consultant and all subconsultants, if any, shall maintain the following insurance coverage in effect during the term of this Agreement and shall file certificates of such insurance with the Owner or City prior to the commencement of its performance under this Agreement. Such insurance shall be by a company/corporation currently rated “A-“or better by A.M. Best. A. A policy of comprehensive general liability insurance with limits of not less than $1,000,000 per occurrence covering injury to or death of any person or persons, and with limits of not less than $1,000,000 per occurrence covering property damage. B. Auto liability with included operations, contractual liability, and owned, leased, hired or borrowed, and non-owned vehicles with limits of not less than $1,000,000 combined single limit per occurrence. C. Worker's Compensation and Employer's liability insurance in accordance with applicable laws. D. Professional Errors and Omissions insurance in the amount of not less than $1,000,000. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. E. Primary Coverage for any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. F. Deductibles and Self-Insured Retentions any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. G. Claims Made Policies if any of the required policies provide coverage on a claims- made basis: Page 76 1) The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least two (2) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of contract work. H. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. I. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. Said liability insurance shall provide that such insurance may not be canceled or reduced until twenty (20) days after the City shall have received notice of such cancellation or reduction. Consultant shall maintain said insurance policies in effect and shall cause all parties supplying services, labor, or materials to maintain insurance in amounts and coverage not less than those specified above in effect. A lapse in insurance coverage is a material breach of this Agreement, which may result in immediate termination of this Agreement, pursuant to Section 8. Section 25. Severability. If any section or clause of this Agreement is held invalid by a court of competent jurisdiction, or is otherwise invalid under the law, the remainder of this Agreement shall remain in full force and effect. Section 26. Understanding. The Consultant acknowledges that the Consultant has read and understands the terms of this Agreement, has had the opportunity to review the same with counsel of their choice, and is executing this Agreement of their own free will. Section 27. Notices. Any notice required pertaining to the subject matter of this Agreement shall be personally delivered or mailed by prepaid first-class, registered or certified mail to the following addresses: Page 77 City: City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Consultant: McKinley Research Group, LLC 3800 Centerpoint Drive, Suite 1100 Anchorage, AK 99503 Section 28. Consultant’s Violations of Tax Obligations. 1. This Agreement can be terminated for cause, pursuant to Section 7, if it is determined that a Consultant is in arrears of any taxation, lease or rental agreement that is due to the City that is not remedied within ten (10) calendar days of notification by regular mail. 2. The City reserves any right it may have to offset amounts owed by an individual, firm, corporation or business for delinquent City taxes, moneys owed on sales, assessments, leases and rental agreements, against any amount owing to the same under an agreement between the City and the same. CITY OF KENAI CONSULTANT By: By: Its: Its: Dated: Dated: ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Jamie Heinz Scott Bloom City Clerk City Attorney Page 78 ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ____ day of , 2021, by , Mayor of the City of Kenai, an Alaska municipal corporation, for and on behalf of the corporation. _________________________________ Notary Public for State of Alaska My Commission Expires: __________ STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ____ day of 2021, by _(name)_________________________, the _(title)____________________________ of _(name of corporation)______________________________________for and on behalf of the corporation. _________________________________ Notary Public for State of Alaska My Commission Expires: __________ Page 79 Kenai Waterfront Redevelopment Assessment and Feasibility Study Upland Acreage by Ownership Type Owner Leasee Acreage Rabuf N/A 14.44 Rabuf N/A 11.05 Dunavant N/A 1.88 Rabuf N/A 3.55 Frederickson N/A 10.76 Frederickson N/A 7.13 Jahrig N/A 8.34 Port of Kenai N/A 16.50 Hardcastle N/A 0.95 Hardcastle N/A 1.00 Hardcastle N/A 0.98 Hall N/A 2.86 Carlisle N/A 1.12 Carlisle N/A 3.21 City of Kenai Rabuf 5.63 City of Kenai Rabuf 1.40 City of Kenai Rabuf 3.17 City of Kenai N/A 6.55 City of Kenai N/A 12.06 Total 112.58 % privately owned 74.41% % publicly owned and under lease 9.06% % publicly owned and not leased 16.53% Total 100.00% Page 80 Waterfront Feasibility StudyUpland Parcel Land Status B R I D G E A C C E S S R DCHILDS AVEWALKER LNBOAT LAUNCH RDERVIN STW TERN AVEPORTLOCK STTERN AVE STERLING CTBE A V E R L O O P R D ROGE R S R D VAN ANTWERP AVEFRONTAGE RDSUSIEANA LNSPRUCEWOOD RD .Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 1,000 2,000500Feet Legend Waterfront Study Area Actively Leased Lands Parcels Municipal Private Page 81 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: DECEMBER 15, 2021 VENDOR PERS ENSTAR NATURAL GAS INVESTMENTS VENDOR PIPER JAFFRAY PIPER JAFFRAY DESCRIPTION PERS GAS USAGE DESCRIPTION U.S. AGENCY SECURITY U.S. AGENCY SECURITY DEPARTMENT VARIOUS VARIOUS MATURITY DATE 01/01/2023 09/25/2022 ACCOUNT LIABILITY UTILITIES AMOUNT 3,055,705.39 557,381.91 AMOUNT 101,844.94 18,083.88 EffecLlnt. 1.46% 0.5% Page 82 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3261-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES THROUGH THE DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT, DIVISION OF LIBRARY, ARCHIVES & MUSEUMS FOR THE PURCHASE OF A HOLD LOCKER. WHEREAS, the Kenai Community Library desires to expand its services by installing an external materials hold locker; and, WHEREAS, the Library received a grant from the Institute of Museum and Library Services (IMLS) through the Department of Education and Early Development, Division of Libraries, Archives, and Museums in the amount of $22,300 for the purchase of an external hold locker; and, WHEREAS, an external hold locker is a self-service system that allows patrons to pick up library materials in a convenient, contact-free method; and, WHEREAS, the hold locker will be placed outside the front entrance and will therefore be accessible at all times; and, WHEREAS, it is in the best interest of the City of Kenai and the Kenai Community Library to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept a grant in the amount of $22,300 from the IMLS through the Department of Education and Early Development, Division of Library, Archives & Museums. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Library--Federal Grants $22,300 Increase Appropriations – Library – Machinery and Equipment $22,300 Section 3. That the City Manager is authorized to execute the grant agreement and to expend the grant funds to fulfill the purpose and intent of this Ordinance. Page 83 Ordinance No. 3261-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of January, 2022. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: December 15, 2021 Enacted: January 5, 2022 Effective: January 5, 2022 Page 84 MEMORANDUM TO: Mayor Brian Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: December 6, 2021 SUBJECT: Ordinance 3261-2021- Grant to the Purchase a Hold Locker The purpose of this memo is to request acceptance and appropriation of a $22,300 grant from the Institute of Museum and Library Services (IMLS) through the Department of Education and Early Development, Division of Libraries, Archives, and Museums for the purchase of a self- service hold pickup locker. Located outside the building, the secure locker will give library patrons the flexibility to pick up their reserved materials when it is convenient for them, even when the library is closed. The automated locker can also be utilized by those desiring a contact-less library visit. Thank you for your consideration. Page 85 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3262-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES PASSED THROUGH THE DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT, DIVISION OF LIBRARY, ARCHIVES & MUSEUMS FOR THE PURCHASE OF STEAM KIT SHELVING, LIBRARY MATERIALS, AND OTHER ITEMS. WHEREAS, the Library received a grant from the Institute of Museum and Library Services (IMLS) through the Department of Education and Early Development, Division of Libraries, Archives, and Museums in the amount of $6,000; and, WHEREAS, $3,500 will be used to purchase STEAM (Science, Technology, Engineering, Art and Math) kit shelving and programming equipment; and, WHEREAS, $2,500 will be used to purchase library materials; and, WHEREAS, it is in the best interest of the City of Kenai and the Kenai Community Library to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept a grant in the amount of $6,000 from the Institute of Museum and Library Services through the Department of Education and Early Development, Division of Library, Archives & Museums. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Library---Federal Grants $6,000 Increase Appropriations – Library – Books $2,500 Library – Operating/Repair Supplies 3,100 Library – Small Tools/Minor Equipment 400 $6,000 Section 3. That the City Manager is authorized to execute the grant agreement and to expend the grant funds to fulfill the purpose and intent of this Ordinance. Page 86 Ordinance No. 3262-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of January, 2022. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: December 15, 2021 Enacted: January 5, 2022 Effective: January 5, 2022 Page 87 MEMORANDUM TO: Mayor Brian Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: December 6, 2021 SUBJECT: Ordinance 3262-2021 Acceptance of a Grant from the IMLS The purpose of this memo is to request acceptance and appropriation of $6,000 from the Institute of Museum and Library Services (IMLS) through the Department of Education and Early Development, Division of Libraries, Archives, and Museums. Per the grant award, $3,500 will be used for the purchase of STEAM (Science, Technology, Engineering, Art, and Math) kit shelving, a Chromebook charging station, and programming equipment (e.g., amplifiers and a canopy tent), and $2,500 will be used for the purchase of library materials. Thank you for your consideration. Page 88 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3263-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND – POLICE DEPARTMENT AND ACCEPTING GRANTS FROM THE UNITED STATES DEPARTMENT OF JUSTICE AND ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION (AMLJIA) FOR THE PURCHASE OF BALLISTIC VESTS. WHEREAS, the Kenai Police Department participates in a Ballistic Vest Partnership (BVP) grant program through the Department of Justice, which covers 50% of the cost of ballistic vests purchased for officers; and, WHEREAS, the City’s current insurance company, AMLJIA, also has a ballistic vest reimbursement program, which covers 50% of the cost of ballistic vest purchased for officers; and, WHEREAS, three ballistic vests were recently purchased for a total of $5,630 and the two programs together will cover 100% of the cost of those ballistic vests. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept and expend United States Department of Justice and AMLJIA grant funds for the purchase of ballistic vests. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Federal Grants – Police $2,815.00 Miscellaneous Grants 2,815.00 $5,630.00 Increase Appropriations – Police – Small Tools $5,630.00 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Page 89 Ordinance No. 3263-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5TH day of January, 2022. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Michelle M. Saner, MMC , City Clerk Approved by Finance: _________________ Introduced: December 15, 2021 Enacted: January 5, 2022 Effective: January 5, 2022 Page 90 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: November 24, 2021 SUBJECT: Ordinance No. 3263-2021 Accepting Grant Funds for Ballistic Vests The police department participates in the United States Department of Justice’ Ballistic Vest Partnership (BVP), which provides grant funds for half the cost of Officer ballistic vests. The City’s insurance carrier, AMLJIA, also has a grant program by which they cover half the cost of ballistic vests purchased by officers. The Police Department recently purchased five ballistic vests for officers, at a total cost of $5,630 and anticipates that cost to be covered 100% by the two programs. I am respectfully requesting consideration of the ordinance accepting and appropriating the grant funds for the purpose they were intended. Page 91 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3264-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING ASSET FORFEITURE FUNDS PROVIDED TO THE CITY OF KENAI THROUGH THE STATE OF ALASKA DEPARTMENT OF PUBLIC SAFETY. WHEREAS, the Kenai Police Department works cooperatively with the State of Alaska Department of Public Safety and participates in the regional drug task force (SCAN) with enforcement efforts that directly impact the City of Kenai and surrounding areas; and, WHEREAS, In August of this year the Kenai Police Department received two asset forfeiture sharing checks totaling $28,889.31 from the State of Alaska Department of Public Safety, related to drug cases where assets or cash were forfeited; and, WHEREAS, the Kenai Police Department intends to use those funds as they were intended, for the furtherance of the administration of justice, through the purchase of law enforcement equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept these asset forfeiture funds from the Alaska Department of Public Safety and to use those funds for the purchase of law enforcement equipment. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues – Asset Forfeiture checks from the State of Alaska $28,889.31 Increase Appropriations – Police – Small Tools $18,817.83 Police – Machinery and Equipment 10,071.48 $28,889.31 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Page 92 Ordinance No. 3264-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of January, 2022. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: December 15, 2021 Enacted: January 5, 2022 Effective: January 5, 2022 Page 93 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: December 3, 2021 SUBJECT: Ordinance No. 3264-2021, Accepting Drug Forfeiture Funds The Kenai Police Department received $28,889.31 in asset forfeiture sharing funds from the State of Alaska Department of Public Safety. Those funds were shared with the Kenai Police Department after being forfeited to the State in connection with criminal drug cases, for which the Kenai Police Department participated in the investigation. Funds forfeited in this manner are intended to be used in furtherance of the administration of justice. I am respectfully requesting consideration of the ordinance appropriating $28,889.31 into the General Fund Accounts: Police- Small Tools - $18,817.83 and Police – Machinery & Equipment - $10,071.48 accounts to pay for law enforcement equipment. The primary purchases made with these funds are anticipated to be, an updated video recording system for police interview rooms, and video camera systems for some new police vehicles. Page 94 Sponsored by: Sponsored by Vice Mayor Glendening and Council Members Winger and Baisden CITY OF KENAI ORDINANCE NO. 3265-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUE AND APPROPRIATIONS IN THE GENERAL FUND AND THE PARKS IMPROVEMENT CAPITAL PROJECT FUND FOR ADDITIONAL KENAI DOG PARK FUNDING. WHEREAS, Resolution 2018-52 designated land within the Daubenspeck Family Park for the development of an off-leash dog park; and, WHEREAS, since that time a group of volunteers has worked on fundraising and construction of the dog park; and, WHEREAS, Ordinance 3211-2021 (Substitute) provided $25,000 in available funding from the City’s General fund for the park; and, WHEREAS, despite the prior appropriation and fundraising efforts, additional funds are needed to complete the project; and, WHEREAS, the dog park will be the first of its kind in the City and provide new recreational opportunities for residents and visitors; and, WHEREAS, the park is intended to include access for disabled users; and, WHEREAS, the group of volunteers spearheading the project have requested City assistance in completing some of the more complicated construction aspects of the project including lighting, water supply, security, ADA accessible walkways, and concrete work; and, WHEREAS, it is in the best interest of the City to support the completion of the park by finishing the scope, design work, and the bid process for construction as needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $63,000 Increase Appropriations – Transfer to Parks Improvement Capital Project Fund $63,000 Page 95 Ordinance No. 3265-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 2. That the estimated revenues and appropriations be increased as follows: Parks Improvement Capital Project Fund: Increase Estimated Revenues – Transfer from General Fund $63,000 Increase Appropriations – Construction – Kenai Community Dog Park $63,000 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of January, 2022. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: December 15, 2021 Enacted: January 5, 2022 Effective: January 5, 2022 Page 96 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Vice Mayor Glendening, Councilmembers Winger and Baisden DATE: December 9, 2021 SUBJECT: Ordinance No. 3265-2021, Kenai Dog Park Funding This Ordinance appropriates $63,000 into the Parks Improvement Capital Project Fund in support of completion of the Kenai Dog Park, including design and construction needs. Council has previously dedicated land for this park, with a group of volunteers raising funds and completing work to date. The City has also previously made $25,000 available for the project. The volunteer fundraising efforts are ongoing. To ensure the project is built to the desired standards, it is important for the City to continue working forward with the volunteers to assist in its completion, including managing some of the more complicated aspects of the project. Completion of the park will provide new recreational opportunities for residents and visitors. Your consideration is appreciated. Page 97 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: December 3, 2021 SUBJECT: Action Approval- Special Use Permit to American Red Cross of Alaska American Red Cross of Alaska is requesting a Special Use Permit effective December 1, 2021 through November 30, 2022. The Permit is for approximately 475 sqft of general office space on the second floor at the Alaska Regional Fire Training Center. The American Red Cross provides services to the Kenai Peninsula such as house and forest fire response, smoke alarm installs and preparedness training. The monthly fee for this permit is $1.00 per month, an additional $211.44 for utilities per month, plus applicable sales tax. The Special Use Application has been received and the $100 application fee is paid. Administration respectfully requests Council to approve the following motion: I move to authorize the City Manager to issue a Special Use Permit to American Red Cross of Alaska effective December 1, 2021 through November 30, 2022. Page 98 SPECIAL USE PERMIT THE CITY OF KENAI (CITY) for the considerations and pursuant to the conditions and requirements set forth below, hereby grants AMERICAN RED CROSS OF ALASKA (PERMITTEE), a nonprofit corporation, whose address is 235 E. 3th Ave . Ste. 200, Anchorage Alaska, 99501, the non-exclusive right to use that area described below: Access to second floor office space, ROOM 228, and parking at the Alaska Regional Fire Training Center, located at 450 Marathon Rd., Kenai, Alaska 99611. Approximately 4 7 5 square feet. 1. TERM. This special use permit shall commence and be effective on December 1, 2021, and shall extend through November 30, 2022. 2. PERMIT FEES. The monthly fee for this permit is $1.00 per month, plus $211.44 utilities cost per month, plus applicable sales tax . 3. USE. The right to use the ROOM 228 for General Office Space, Training and/or Testing, and Storage. T his includes reasonable ingress and egress to and from ROOM 228 through the Building's common areas. Permittee shall not have the right to use any other space in the Building (such as library , conference rooms, break room, coffee room) or any equipment belonging to the City unless given written permission to do so. 4. LICENSES AND PERMITS; LAWS. Permittee shall adhere to a ll federal , state, and local laws , ordinances, and regulations while conducting its activities on the Premises. Permittee shall obtain and maintain all required federal, state, and local licenses, permits, certificates, and other documents required for Permittee's operations under the Permit. Permittee shall provide proof of compliance to the City upon request by the City. 5. NO EXCLUSIVITY. This Permit is not intended to grant any exclusive use to the described Premises. 6. INSURANCE. Permittee shall provide proof of insurance coverage, including worker's compensation, if necessary, in an amount satisfactory to the City Manager, and li sting the City as an additional in sured. 7. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. Permittee agrees to indemnify, defend, and hold the City, its agents, and employees harmless from and against any and all liability, loss, suit, cl aim, judgment, fine , demand , damage, penalty, property damage, or personal injury of whatever kind, including sums paid in settlements Special Use Permit-American Red Cross of Alaska Page 1of4 Page 99 of claims, attorney fees, consultant fees, expert fees, or costs incurred arising from or connected with the Permittee's use or occupation of the Premises. Permittee shall give the City of Kenai reasonable notice of any such claims or actions. However, Permittee shall not be responsible for any damage or claims from the sole negligence, activities , or omission of the City or its agents or employees. 8. PERSONALITY. Permittee must keep the space and all other materials on the Premises clean and in good condition. Permittee shall remove any and all personal property from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. The City of Kenai is not responsible for any damage to or theft of any personality of Permittee at or from the Premises. 9. NO WAIVER. Failure to insist upon a strict compliance with the terms, conditions, and/or any requirement herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. 10. MUTUAL CANCELLATION. This Permit may be cancelled in whole or in part with one month written notice by Permittee or the City. 11. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race , color, religion , national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 12. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its use of the Premises. 13. NO JOINT VENTURE. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 14. CONTACT INFORMATION. The contact information for Permittee, and the person in responsible charge for Permittee during the term of the Permit, for purposes of notice and all communications from City to Permittee is: Special Use Permit-American Red Cross of Alaska Page 2 of 4 Page 100 American Red Cross of Alaska 235 E. 3th Ave. Ste. 200 Anchorage, Alaska 99501 Telephone: (907) 715-7649 The contact information for City for purposes of notice and all communications from Permittee to City is: Airport Administration 305 North Willow, Suite 200 Kenai, Alaska 99611 Telephone: (907) 283-8281 15. RIGHTS OR REMEDIES. No right or remedy herein conferred upon or reserved to each respective party is intended to be exclusive of any other right or remedy. Each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity. 16. GOVERNING LAW; VENUE. The laws of State of Alaska will determine the interpretation of this Agreement and the performance thereof. Any lawsuit brought thereon shall be filed in the Third Judicial District at Kenai , Alaska. 17. AUTHORITY. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the terms and conditions herein and that the person signing this Permit is authorized to bind Permittee. CITY OF KENAI City Manager Special Use Permit-American Red Cross of Alaska Pa ge 3 of 4 Page 101 Approved as to form: Scott Bloom City Attorney STATE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) AMERICAN RED CROSS OF ALASKA By: Paul Ramage Regional Facility Coordinator THIS IS TO CERTIFY that on the __ day of , 2021 , City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City . Notary Public for Alaska My Commission Expires: ___ _ STATE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2021 , the foregoing instrument was acknowledged before me by Paul Ramage, of AmericanRed Cross of Alaska, an Alaska non-profit corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires: ___ _ Special Use Permit-American Red Cross of Alaska Page 4 of 4 Page 102 ~========:~ I CX) N N ... E G) 0 .. 0 c a: G) (.) c Jj ·-c l ·-ca I ... I I-, G) N II ... (1) ·-I ~ > .3 --ca I c 0 ·- G) a: I -ca II ~ ~ U) ca 11 II -Cl: ti II Page 103 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: December 8, 2021 SUBJECT: Nomination and Confirmation of Applicants for Reappointment to Commissions Pursuant to Kenai Municipal Code (KMC) 1.90.010 & 1.90.040, the Mayor has nominated the following individual to be confirmed by City Council to a three-year term ending December 31, 2024 unless otherwise noted: Airport Commission: Dan Pitts (reappointment) Jacob Caldwell (new appointment replacing Derek Leichliter, ending 2023) Joshua Daily (new appointment replacing Kimberly Dodge ending 2024) Beautification Committee: Lisa Gabriel (reappointment) Janet Phillips (reappointment) Christina Warner (new appointment replacing Lydia Craycraft, ending 2022) Council on Aging: Chuck Thornton (reappointment) Frances Kilfoyle (new appointment replacing Don Erwin, ending 2023) Harbor Commission: Nate Berga (reappointment) Victoria Askin (new appointment replacing Clyde Crandall, ending 2024) Parks & Recreation Commission: Charlie Stephens (reappointment) Jennifer Joanis (reappointment) KMC requires Council confirmation of nominations presented by the Mayor. Your consideration is appreciated. Page 104 Page 105 From:Jacob Caldwell To:City Clerk Subject:Form submission from: Commission/Committee Application Date:Wednesday, October 20, 2021 11:52:57 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Wednesday, October 20, 2021 - 11:52am Submitted by anonymous user: 69.178.28.100 Submitted values are: Date Wed, 10/20/2021 Name Jacob Caldwell Resident of City of Kenai? No If resident, how long? Residence Address 34840 Poppy Wood St, Soldotna, AK 99669 Mailing Address 34840 Poppy Wood St, Soldotna, AK 99669 Home Telephone 9073989447 Home Fax Business Telephone 907-283-4124 Business Fax Email address jacob@kenaiaviation.com May we include your contact information on our website? Yes If not all, what may we include? Employer Kenai Aviation Job Title Director of Station Operations Name of Spouse Autumn Caldwell Current Membership Organization N/A Past organizational memberships N/A Committees or commissions in which you are interested Airport Why do you want to be involved with this commission or committee? I have grown up around this airport and the local aviation community and want to be able to give back to the community and to the airport. I would like to bring my experience working at airports across the country to benefit our local municipal airport. What background, experience, or credentials do you possess to bring the board, commission, or committee membership? I have 12 years work experience in the aviation industry, a BS in Aviation Technology with an Aviation Administration emphasis from UAA, a FAA Private Pilot license and Aircraft Dispatcher license. My work experience has been primarily in airline operations and management with Grant Aviation, Alaska Airlines, and Kenai Aviation. During my time with all three companies I have served as a primary airport liaison and worked closely with the airport staffs at each airport I have worked on. The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/9231 Page 106 From:Joshua Daily To:City Clerk Subject:Form submission from: Commission/Committee Application Date:Friday, October 22, 2021 3:56:15 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Friday, October 22, 2021 - 3:56pm Submitted by anonymous user: 162.58.82.135 Submitted values are: Date Fri, 10/22/2021 Name Joshua Daily Resident of City of Kenai? Yes If resident, how long? 2 years Residence Addres Mailing Address Home Telephone Home Fax Business Telephone Business Fax Email address daily539@gmail.com May we include your contact information on our website? Yes, but not all (specify below) If not all, what may we include? Email Employer Federal Aviation Administration Job Title Supervisory Air Traffic Control Specialist Name of Spouse Rheanna Daily Current Membership Organization None Past organizational memberships Committees or commissions in which you are interested Airport Commission Why do you want to be involved with this commission or committee? I have a passion for aviation and a passion for leadership. Serving on the Kenai airport commission has been a goal of mine since joining Kenai Flight Service Station in 2019. I have worked with several of the commission members in the past and feel that I would be a great addition to the already experienced team already in place. What background, experience, or credentials do you possess to bring the board, commission, or committee membership? Education: BS Air Traffic Management, Embry-Riddle Aeronautical University, 2011; MS Aeronautics, Embry-Riddle Aeronautical University, 2014. Experience: I have been an air traffic controller since 2014, working at Baton Rouge Metro Airport in Louisiana, Kenai ATC Tower, and Kenai FSS. Before becoming an air traffic controller, I worked at the FAA Headquarters in Washington, D.C. in project management and systems engineering. Student pilot. The results of this submission may be viewed at: Page 107 From:Lisa Gabriel To:City Clerk Subject:Form submission from: Commission/Committee Application Date:Monday, November 15, 2021 11:02:05 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Monday, November 15, 2021 - 11:01am Submitted by anonymous user: 74.123.241.2 Submitted values are: Date Mon, 11/15/2021 Name Lisa Gabriel Resident of City of Kenai? Yes If resident, how long? 32 Years Residence Address 2305 Watergate Way, Kenai, AK 99611 Mailing Address 2305 Watergate Way, Kenai, AK 99611 Home Telephone 907-252-9524 Home Fax Business Telephone Business Fax Email address gabriel1@alaska.net May we include your contact information on our website? Yes If not all, what may we include? Employer Kenai Peninsula Borough School District Job Title Administrative Assistant/Superintendent/Board of Education Name of Spouse Brian Gabriel Sr. Current Membership Organization Alaska Federation of Republican Women, Kenai Peninsula Fishermen's Association Past organizational memberships Committees or commissions in which you are interested Beautification Why do you want to be involved with this commission or committee? I would like to continue on the Beautification committee. I believe that the work we have done in the past has helped not only make our City look better, but the activities we have had the opportunity to sponsor with the support of the Kenai City Council have enriched the lives of our citizens. What background, experience, or credentials do you possess to bring the board, commission, or committee membership? I have been on the committee for the past 10 years. I am community-minded and look forward to working with the committee to continue our work of beautifying and making the City of Kenai a better place to live. The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/9381 Page 108 From:Janet Phillips To:City Clerk Subject:Form submission from: Commission/Committee Application Date:Sunday, November 21, 2021 1:10:41 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Sunday, November 21, 2021 - 1:10am Submitted by anonymous user: 107.115.29.10 Submitted values are: Date Sat, 11/21/2020 Name Janet Phillips Resident of City of Kenai? Yes If resident, how long? 22 months Residence Address 325 Portlock St Mailing Address 325 Portlock St Home Telephone 9073143738 Home Fax Business Telephone Business Fax Email address tiggerwild1966@gmail.com May we include your contact information on our website? Yes If not all, what may we include? Employer Alaska Ready Constructors Job Title Office Manager Name of Spouse Clayton Phillips Current Membership Organization Beautification Committee Past organizational memberships City of St Robert Parks and Rec Board, Youth Sports Board, Aglow Board, and others Committees or commissions in which you are interested Beautification Committee Why do you want to be involved with this commission or committee? I love being involved in the communities in which I live! What background, experience, or credentials do you possess to bring the board, commission, or committee membership? I have been on many boards in my lifetime to include the parks and rec. I simply enjoy working with others in my community towards a common goal. The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/9461 Page 109 From: To: Subject: Date: Christina Wa rn er Form submission from: Comm ission/Committee Application Thursday, June 17, 2021 7:38:25 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Thursday, June 17, 2021 -7:38pm Submitted by anonymous user: 209.165.168.206 Submitted values are: Date Thu, 06/17 /2021 Name Christina Warner Resident of City of Kenai? Yes If resident, how long? Lifelong Residence Address Mailing Address P.O. Box #911, Kenai 99611 Home Telephone (907) 690-4977 Home Fax N I A Business Telephone N I A Business Fax N I A Email address May we include your contact infonnation on our website? Yes, but not all (specify below) If not all , what may we include? Mailing Address, Phone Number Employer Budget Rent A Car Job Title Customer Service Agent Name of Spouse Kevin Warner Current Membership Organization Professional Disc Golf Association, Kenai Eagle Women's League Past organizational memberships Benevolent and Protective Order of Elks, Moose International Committees or commissions in which you are interested Parks and Recreation or ~~.~c...a..l~o~a>/zi) Why do you want to be involved with this commission or committee? c..o" ·r~ As a lifelong resident of Kenai , I intend to utilize this opportunity to fulfill my civic responsibility to our beautiful city. I feel it is paramount to stay active year round, and I want to ensure that families and individuals have resources and activities available. In summation, I want to service our community and give back to this unique space we call home. What background, experience, or credentials do you possess to b1ing the board, commission, or committee membership? My proposal to the Parks and Recreation Committee to install restrooms at a local park, was passed unanimously. I spent time researching our local parks, meeting members of the community and approaching them with my petition, and attending a Parks and Recreation meeting, where I deliv ered my request and took questions from the panel. In May of 2021, I founded a public wqmen's league for a hobby I am passionate about. The goal of which is to give give ladies a new activ ity, and to get people outdoors, utilizing our parks. Although, I h ave a minimal background in local government, I am familiar with the process. In addition to the above, I am very detail oriented, inquisitiv e, level headed, eloquent, and organiz ed. I Page 110 have worked in customer service for a number of years which enables me to communicate easily, and I am able to build a rapport with people from all walks of life. The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/8321 Page 111 City of Kenai Committee/Commission Application Revised 08/2020 X:\Forms\Clerk\Committee-Commission Application.doc COMMITTEE/COMMISSION APPLICATION City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: 283-8231 Fax: 283-5068 Email:cityclerk@kenai.city Personal Information Name: Date: Resident of the City of Kenai? Yes No How Long? Name of Spouse: Employer: Job Title: Contact Information Residence Address: Mailing Address: Email Address: Home Phone No.: Home Fax No.: Business Phone No.: Business Fax No.: May we include your contact information on our webpage? Yes No Yes, but not all Please specify what we can include on our webpage: Affiliations Current membership in organizations: Past organizational memberships: City committee or commission in which you are interested: Why do you want to be involved with this Committee or Commission? What background, experience, or credentials do you possess to bring to the commission or committee membership? FOR CITY USE ONLY ROUTING: Clerk’s Office DISTRIBUTION: City Council File Charles Thornton 11-15-2021 6 years Janice Retired Pastor 381 Senior Court, Apt 113 Kenai, AK 99611 same cthornton@alaskagrace.net 907-395-0312 X X X Life Member of Inspire (National Pastor's Fellowship) Kenai Counsel on Aging I think I may make a contribution to its ministry 50+ years of pastoral ministry to people of all ages, including Seniors Page 112 November 22, 2021 Page 113 From:Nate Berga To:City Clerk Subject:Form submission from: Commission/Committee Application Date:Monday, November 15, 2021 4:06:52 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Monday, November 15, 2021 - 4:06pm Submitted by anonymous user: 24.237.158.252 Submitted values are: Date Mon, 11/15/2021 Name Nate Berga Resident of City of Kenai? No If resident, how long? Residence Address 30179 Kalifornsky Beach Road Kasilof AK 99610 Mailing Address PO Box 190 Kenai AK 99611 Home Telephone 907-395-7068 Home Fax Business Telephone Business Fax Email address aknate@gmail.com May we include your contact information on our website? Yes If not all, what may we include? Employer Pacific Star Seafoods Job Title Plant Manager Name of Spouse Current Membership Organization Alaska Salmon Alliance, Cook Inlet Aquaculture Association Past organizational memberships Committees or commissions in which you are interested Kenai Harbor Commission Why do you want to be involved with this commission or committee? My life revolves around the mouth of the Kenai River and has since 1999. What background, experience, or credentials do you possess to bring the board, commission, or committee membership? The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/9391 Page 114 From:Victoria J. Askin To:City Clerk Subject:Form submission from: Commission/Committee Application Date:Wednesday, October 13, 2021 8:05:34 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Wednesday, October 13, 2021 - 8:05pm Submitted by anonymous user: 209.112.186.112 Submitted values are: Date Wed, 10/13/2021 Name Victoria J. Askin Resident of City of Kenai? Yes If resident, how long? 37 years Residence Address 2520 Watergate Way Mailing Address PO Box 178 Home Telephone 9+07-283-3972 Home Fax 907-283-3972 Business Telephone 907-283-138 Business Fax 907-398-1308 Email address ectt@ptialaska.net May we include your contact information on our website? Yes If not all, what may we include? Employer Hilcorp Alaska LLC Job Title I & E Technician Name of Spouse Marty Current Membership Organization None Past organizational memberships LEPC, Harbor Commission, Planning & Zoning Commissions, City Council Committees or commissions in which you are interested Harbor, Planning & Zoning, Airport, Parks & Rec Why do you want to be involved with this commission or committee? Have served on both Harbor and Planning and Zoning, enjoyed both, Planning and Zoning being my favorite. Harbor is of interest now because of the potential waterfront activity happening in the next year. What background, experience, or credentials do you possess to bring the board, commission, or committee membership? Prior experience along with employment experience that is pertinent to both Harbor and Planning and Zoning. The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/9201 Page 115 From:Garrett Ennis To:City Clerk Subject:Form submission from: Commission/Committee Application Date:Friday, November 26, 2021 1:08:34 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Friday, November 26, 2021 - 1:08pm Submitted by anonymous user: 212.102.46.44 Submitted values are: Date Fri, 11/26/2021 Name Garrett Ennis Resident of City of Kenai? Yes If resident, how long? 42 years Residence Address Mailing Address Home Telephone 9074204292 Home Fax Business Telephone Business Fax Email address May we include your contact information on our website? Yes, but not all (specify below) If not all, what may we include? My phone number Employer KPBSD Job Title Substitute Teacher Name of Spouse Current Membership Organization None Past organizational memberships Committees or commissions in which you are interested Harbor Commission Why do you want to be involved with this commission or committee? I would like to start getting involved with local issues that affect our community and get the experience necessary to make a positive impact. I was informed that there was a vacancy from commission members so I figured I'd apply. What background, experience, or credentials do you possess to bring the board, commission, or committee membership? No real background experience that pertains to maintaining a harbor but I'm a quick study and do have an interest in how a commission operates. For what it's worth I do hold a BA in Music and a Class A CDL. The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/9521 Page 116 Page 117 Page 118 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: December 8, 2021 SUBJECT: Planning & Zoning Commission Vacancy The Planning & Zoning Commission will have two vacancies as of December 31, 2021 due to terms ending. All requirements pursuant to Code have been met to fill these vacancies. Applications received for consideration are attached to this correspondence. Pursuant to KMC 14.05.015 (b),”… the Mayor shall make nominations only from the list of persons who timely submitted an application…” and, as per KMC 14.15.015 (c), “… The Kenai City Council shall review the Mayor’s nomination no later than the next regular Council meeting following the meeting in which the Mayor made the nomination…” Mayor Gabriel has nominated Jeff Twait and Gwen Woodard for reappointment to the Planning and Zoning Commission. Council shall consider confirmation of t he Mayor’s nominations no later than the January 5, 2022 meeting. Page 119 From:Jeff Twait To:City Clerk Subject:Form submission from: Commission/Committee Application Date:Wednesday, November 10, 2021 6:05:06 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Wednesday, November 10, 2021 - 6:04pm Submitted by anonymous user: 24.237.158.248 Submitted values are: Date Wed, 11/10/2021 Name Jeff Twait Resident of City of Kenai? Yes If resident, how long? 30 years Residence Address 1808 Julie Anna Drive Mailing Address 1808 Julie Anna Drive Home Telephone 9073984624 Home Fax Business Telephone 907-398-4624 Business Fax Email address cornerstonecustomhomedesigns@gmail.com May we include your contact information on our website? Yes If not all, what may we include? Employer Cornerstone Custom Homes & Designs Job Title Owner Name of Spouse Heather Morning Current Membership Organization Kenai Peninsula Builders Association Past organizational memberships Committees or commissions in which you are interested Planning and Zoning Why do you want to be involved with this commission or committee? Help craft planning and zoning policy in our community What background, experience, or credentials do you possess to bring the board, commission, or committee membership? 15 years as a member of the Commission The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/9371 Page 120 City of Kenai Committee/Commission Application Revised 08/2020 X:\Forms\Clerk\Committee-Commission Application.doc COMMITTEE/COMMISSION APPLICATION City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: 283-8231 Fax: 283-5068 Email:cityclerk@kenai.city Personal Information Name: Date: Resident of the City of Kenai? Yes No How Long? Name of Spouse: Employer: Job Title: Contact Information Residence Address: Mailing Address: Email Address: Home Phone No.: Home Fax No.: Business Phone No.: Business Fax No.: May we include your contact information on our webpage? Yes No Yes, but not all Please specify what we can include on our webpage: Affiliations Current membership in organizations: Past organizational memberships: City committee or commission in which you are interested: Why do you want to be involved with this Committee or Commission? What background, experience, or credentials do you possess to bring to the commission or committee membership? FOR CITY USE ONLY ROUTING: Clerk’s Office DISTRIBUTION: City Council File Gwen Woodard 11/24/2021 54 years Michael Woodard Retired 702 Cypress Dr 907-283-7708 n Address, home phone Republican Women of the Kenai, Precinct leader #220 Planning & Zoning (continued) I've served on the Commission for nearly a year and have found it gratifying to participate in the future of our community. I don't have the construction background of several of the Commissioners but feel I add the outlook of a local retailer (past) and homeowner. Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 United Cook Inlet Drift Association, et al. v. NMFS, et al 1 113095205.1 0014655-00002 Ryan P. Steen, AK Bar No. 0912084 Beth S. Ginsberg, Pro Hac Vice Pending Jason T. Morgan, AK Bar No. 1602010 Stoel Rives LLP 600 University Street, Suite 3600 Seattle, Washington 98101 (206) 624-0900 (phone) (206) 386-7500 (facsimile) Connor R. Smith, AK Bar No. 1905046 Stoel Rives LLP 510 L Street, Suite 500 Anchorage, Alaska 99501 (907) 277-1900 (phone) (907) 277-1920 (facsimile) Attorneys for United Cook Inlet Drift Association and Cook Inlet Fishermen’s Fund IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED COOK INLET DRIFT ASSOCIATION and COOK INLET FISHERMEN’S FUND, Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE; NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION; GINA RAIMONDO, in her official capacity as the United States Secretary of Commerce; JANET COIT, in her official capacity as Assistant Administrator, National Oceanic and Atmospheric Administration; and JAMES W. BALSIGER, in his official capacity as NMFS Alaska Region Administrator, Defendants. Civil Action No.: ________ COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF, AND PETITION FOR REVIEW (42 U.S.C. § 4332; 16 U.S.C. §§ 1801-1891d; 5 U.S.C. §§ 553, 701- 706) Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 1 of 52 Page 129 United Cook Inlet Drift Association, et al. v. NMFS, et al 2 113095205.1 0014655-00002 SUMMARY OF ACTION 1. Plaintiffs have a related action pending in United Cook Inlet Drift Association, et al., v. National Marine Fisheries Service, et. al. 3:13-cv-00104-TMB. Plaintiffs have sought relief in that related action to include the allegations below pursuant to Federal Rule of Civil Procedure 15(a)(2) and 15(d). Plaintiffs hereby file this complaint protectively in response to arguments by Federal Defendants in the related action that relief under Civil Rule 15 is not proper or warranted, or otherwise insufficient to satisfy the applicable statute of limitations. 2. Commercial salmon fishing in Alaska is an important part of the state’s cultural heritage and history. Salmon fishing has supported generations of Alaska fishers and their families and has been the life blood of many rural Alaskan communities and businesses since long before statehood. 3. The Cook Inlet salmon fishery has historically been one of the nation’s most productive salmon fisheries. But during the last two decades, the commercial harvest in Cook Inlet has steadily—and more recently, precipitously—declined. In the 1980s and 1990s, the sockeye salmon harvest alone ranged consistently from four to nine million sockeye per year. The 10-year average annual commercial catch from 2008 to 2017 is now down to just 2.7 million sockeye. The commercial sockeye harvest was about 1.8 million in 2017 and 2019, and the commercial sockeye harvest in 2018 was only 814,516—the worst harvest in over 40 years. In 2020, the commercial salmon Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 2 of 52 Page 130 United Cook Inlet Drift Association, et al. v. NMFS, et al 3 113095205.1 0014655-00002 harvest in Cook Inlet reached a new low, below 2018, with 669,751 sockeye harvested and 1.2 million total commercial harvest of all five salmon species. These precipitous declines have all occurred under the exclusive management, control and direction of the State of Alaska. 4. In 2010, Plaintiffs sought to turn the tide of state mismanagement of the fishery by appealing to the National Marine Fisheries Service (“NMFS”) and the North Pacific Fishery Management Council (the “Council”), and asking for the development of a fishery management plan (“FMP”) to manage the Cook Inlet salmon fishery in a manner consistent with the National Standards of the Magnuson-Stevens Fishery Conservation and Management Act (the “MSA” or Magnuson-Stevens Act”). NMFS and the Council flatly refused, cynically claiming that they (as the entities entrusted by Congress to manage this nation’s fishery resources) lacked the expertise to manage salmon in Alaska (even though they manage salmon in other areas of Alaska). Instead, in 2012, NMFS and the Council issued Amendment 12 to the Fishery Management Plan for Salmon Fisheries in the EEZ off the Coast of Alaska (the “Salmon FMP”). See 77 Fed. Reg. 75,570 (Dec. 21, 2012). Amendment 12 cut the Cook Inlet salmon fishery out of the Salmon FMP altogether and deferred all management authority to the State of Alaska. 5. Plaintiffs initiated this lawsuit eight years ago against Federal Defendants (collectively NMFS) to challenge Amendment 12. The Ninth Circuit Court of Appeals agreed with Plaintiffs that NMFS’s decision to defer management to the State of Alaska in Amendment 12 was illegal. United Cook Inlet Drift Ass’n v. Nat’l Marine Fisheries Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 3 of 52 Page 131 United Cook Inlet Drift Association, et al. v. NMFS, et al 4 113095205.1 0014655-00002 Serv., 837 F.3d 1055, 1063 (9th Cir. 2016). The Ninth Circuit instructed that NMFS could not “wriggle out of” its duties or “shirk” the statutory command to produce an FMP for the Cook Inlet salmon fishery. Id. at 1063, 1064. Moreover, the Ninth Circuit rejected NMFS’s argument that the Magnuson-Stevens Act “does not expressly require an FMP to cover an entire fishery.” Id. at 1064. Furthermore, the “Act makes plain that federal fisheries are to be governed by federal rules in the national interest, not managed by a state based on parochial concerns.” Id. at 1063. As this Court explained, the Ninth Circuit “held that Magnuson-Stevens Act requires” the Council “to create an FMP for each entire fishery under its authority that requires conservation and management.” Dkt. 168 at 2-3. 6. The Ninth Circuit decision in September of 2016 initiated a five-year administrative process that NMFS, the Council, and the State of Alaska turned into a complete farce. At the last minute, the Council completely abandoned its efforts to create a federally delegated or a federally managed FMP program for the Cook Inlet salmon fishery. Instead, at the urging of the State of Alaska (and with help from NMFS), the Council proposed an amendment (“Amendment 14”) that closes commercial salmon fishing in federal waters altogether, relinquishes and defers all management decision for the Cook Inlet salmon fishery to the State of Alaska. This is precisely the opposite of what the Ninth Circuit instructed. NMFS proceeded to draft language for Amendment 14 for the Council, reviewed and approved Amendment 14, and issued final regulations Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 4 of 52 Page 132 United Cook Inlet Drift Association, et al. v. NMFS, et al 5 113095205.1 0014655-00002 implementing Amendment 14 on November 3, 2021. See 86 Fed. Reg. 60,568 (Nov. 3, 2021). 7. The NMFS decision to close the commercial salmon fishing in federal waters will have immediate and disastrous consequences on commercial processors and fishers, their families, and the communities and business that depend on salmon fishing in Cook Inlet. The closed area in Cook Inlet has been an essential part of commercial fishing in Cook Inlet for over 100 years. As one Alaska legislator explained, Amendment 14 “will likely put an end to commercial fishing in Cook Inlet, and therefore, and Alaskan way of life.” 8. As discussed more fully below, Amendment 14 and its implementing regulations, like its predecessor Amendment 12, are arbitrary, capricious, and contrary to the Magnuson-Stevens Act, 16 U.S.C. §§ 1801-1891d; the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321, et seq.; and the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 551-559, 701-706. 9. Even worse, the process associated with Amendment 14 demonstrates that the Council and NMFS were not acting in good faith during the remand of Amendment 12. Public records show that members of the Council were actively trying to avoid the application of federal standards to the Cook Inlet salmon fishery. The Commissioner for the Alaska Department of Fish and Game, Doug Vincent Lang, a member of the Council, expressed concern that the Council would “take actions to bring state management in federal waters in line with federal standards” under the Magnuson-Stevens Act. Behind Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 5 of 52 Page 133 United Cook Inlet Drift Association, et al. v. NMFS, et al 6 113095205.1 0014655-00002 the scenes, and outside the public process, Commissioner Lang developed a political strategy based on the supposed “State Right to Manage” the fishery, and in opposition to “federal or outsider influence.” Without informing the public or stakeholders, Commissioner Lang determined that the state was “unwilling” to accept a delegated management authority in Cook Inlet (even though it accepts delegated management authority for other fisheries) and left stakeholders and Council staff to continue on a fool’s errand trying to develop a delegated program that the state had predetermined it was never going to accept. This fact was not disclosed by the state until after the close of public comment in December 2020, and immediately before the state called for a vote to close the fishery. NMFS is complicit in this scheme, as staff were aware of the state’s plan, and not only stayed silent on the issue, but actively advised State of Alaska representatives to omit the rationale related to the “State’s sovereign rights over management of the salmon fisheries” from the record before the Council, and replace it with a pretextual explanation ostensibly related to salmon conservation. This is not fair dealing. 10. For all these reasons, and those discussed below, Plaintiffs respectfully request this Court to vacate the decision approving Amendment 14 and its implementing regulations, and seek an order requiring NMFS to comply with the MSA and develop an appropriate FMP that covers Cook Inlet. Plaintiffs request the Court to declare that Amendment 14, its underlying implementing regulations, and NMFS’s NEPA Finding of No Significant Impact (“FONSI”) are arbitrary, capricious, and an abuse of discretion; Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 6 of 52 Page 134 United Cook Inlet Drift Association, et al. v. NMFS, et al 7 113095205.1 0014655-00002 not in accordance with law; and in excess of statutory jurisdiction, authority, or limitations. Plaintiffs further seek an order vacating Amendment 14 and its underlying implementing regulations, and the FONSI, and remanding to Defendants under the prescriptive supervision of this Court as set forth in the Request for Relief below. PARTIES Plaintiffs 11. Plaintiff United Cook Inlet Drift Association (“UCIDA”) is a corporation in good standing registered under the laws of the State of Alaska. UCIDA represents the economic, social, and political interests of drift gillnet fishermen and their families in Cook Inlet, Alaska. UCIDA currently has approximately 200 members who hold limited- access salmon driftnet fishing permits, issued by the State of Alaska, in Cook Inlet. UCIDA membership ranges across 27 different states and one foreign country. 12. UCIDA’s members make their living by commercial fishing. UCIDA’s members hold State of Alaska limited-entry permits (meaning additional permits can no longer be issued and are fully allocated), which authorize them to catch all five species of salmon: sockeye, coho, chinook, chum, and pink. The majority of drift gillnet fishing by UCIDA’s members in Cook Inlet occurs within federal waters in the exclusive economic zone (“EEZ”). 13. Drift gillnet boats are small-scale fishing operations, typically crewed by one to three persons. Each fishing operation represents a substantial investment in the boat, gear, and the permit itself. Each boat is generally allowed to deploy a single 900- Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 7 of 52 Page 135 United Cook Inlet Drift Association, et al. v. NMFS, et al 8 113095205.1 0014655-00002 foot-long gillnet. The gillnet is suspended in the water column by floats (called “corks”) as the boat drifts with the current—hence the name “drift gillnet.” After the gillnet is allowed to “soak” in the water for a length of time (as the boat and net drift with the current), the gear is hauled in, and the fish are removed and placed on ice in the boat’s hold. Those fish are then transported to, and offloaded at, one of Cook Inlet’s local seafood processors in fishing communities such as Kenai, Kasilof, Ninilchik, or Homer. After processing, these salmon are delivered throughout the United States and around the world. 14. In addition to permit holders, UCIDA has approximately 30 Associate members including fish processors, gear suppliers, crew members, and other interested members of the community. 15. UCIDA’s mission is to promote public policy that facilitates the science- based and orderly harvest of Cook Inlet salmon in a manner that is economically and ecologically sustainable and that protects commercial salmon fishing in Cook Inlet as a viable way of life. UCIDA and its members are committed to the protection of the environment of Cook Inlet, and to ensuring that its marine resources are both managed and conserved to enhance the health and productivity of the ecosystem. To that end, UCIDA has advocated in state and federal forums for management of these stocks in a manner consistent with the goals and objectives of the MSA, including management consistent with the MSA’s Maximum Sustainable Yield (“MSY”) principles (MSY is defined at 50 C.F.R. § 600.310(e)(1)(i)(A) as the largest long-term average catch or yield Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 8 of 52 Page 136 United Cook Inlet Drift Association, et al. v. NMFS, et al 9 113095205.1 0014655-00002 that can be taken from a stock or stock complex under prevailing ecological, environmental conditions). The relief UCIDA seeks in this lawsuit is germane to its organizational purpose. 16. Plaintiff Cook Inlet Fishermen’s Fund (“CIFF”) is a non-profit corporation registered under the laws of the State of Alaska. CIFF has 446 members, including commercial fishermen of all gear types, seafood processors, and community members. The majority of CIFF’s members are from Alaska, but CIFF also has members from 21 other states. 17. CIFF’s mission is to advocate on behalf of all commercial fishermen of Cook Inlet and for the coastal community more generally. CIFF’s members and volunteers are fueled by the desire to save the commercial fishing industry in Cook Inlet as well as all of Alaska. The relief CIFF seeks in this case is germane to its organizational purpose. 18. Plaintiffs, directly or through their members, fully participated, to the limited extent allowed by NMFS and the Council, in the proceedings predating the decisions challenged in this lawsuit. Plaintiffs submitted detailed written comments and testimony on Amendment 14 and its implementing regulations and the accompanying draft environmental assessment (“EA”). 19. Plaintiffs have standing to bring this action because their members are directly and adversely impacted by Amendment 14 and its implementing regulations, which close fishing in federal waters in Cook Inlet and improperly defers and Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 9 of 52 Page 137 United Cook Inlet Drift Association, et al. v. NMFS, et al 10 113095205.1 0014655-00002 relinquishes all management decisions for the Cook Inlet salmon fishery to the State of Alaska. Plaintiffs and their members are also adversely impacted by Defendants’ failure to comply with the procedural requirements of NEPA and the MSA. The challenged agency decisions are final and ripe for review by this Court. Defendants 20. NMFS is an agency of the National Oceanographic and Atmospheric Administration (“NOAA”), U.S. Department of Commerce. NMFS is sometimes referred to as NOAA Fisheries. Among its duties, NMFS is responsible for managing commercial marine fisheries to ensure sustainable harvests that provide the greatest overall benefit to the nation pursuant to the MSA. 21. Defendant Gina Raimondo is the Secretary of the U.S. Department of Commerce and is sued in her official capacity. Secretary Raimondo directs all business of the Department of Commerce, including NOAA and its agency, NMFS. Through these agencies, Secretary Raimondo is ultimately responsible for the approval of Amendment 14, its implementing regulations, and the EA and corresponding FONSI, and is further responsible for the Department of Commerce’s compliance with federal law, including NEPA, the MSA, and the APA. 22. Defendant Janet Coit is the Assistant Administrator for NMFS and is sued in her official capacity. The Secretary of Commerce has delegated responsibility to the NOAA Administrator to ensure compliance with NEPA, the MSA, and the APA, and to promote effective management and stewardship of the nation’s fisheries resources and Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 10 of 52 Page 138 United Cook Inlet Drift Association, et al. v. NMFS, et al 11 113095205.1 0014655-00002 assets to ensure sustainable economic opportunities. The NOAA Administrator, in turn, has subdelegated this responsibility to NMFS. 23. Defendant James Balsiger is the Administrator of the NMFS Alaska Region and is sued in his official capacity. Dr. Balsiger also is a voting member of the Council and participated in the remand process leading to the development of Amendment 14. Dr. Balsiger drafted Amendment 14, and then reviewed and approved Amendment 14 on behalf of NMFS. JURISDICTION AND VENUE 24. This Court has jurisdiction over this action pursuant to 5 U.S.C. §§ 701-706 (APA), 28 U.S.C. § 1331 (federal question), 28 U.S.C. § 2201 (declaratory judgments), 28 U.S.C. § 2202 (injunctive relief), and 16 U.S.C. §§ 1855(f) and 1861(d) (MSA). 25. Defendants have waived sovereign immunity in this action pursuant to 5 U.S.C. § 702 and 16 U.S.C. § 1855(f). 26. Plaintiffs have exhausted all administrative remedies. 27. Venue is properly vested in this Court under 28 U.S.C. § 1391 because Plaintiffs’ principal place of business is in this district, and a substantial part of the acts or omissions giving rise to this controversy occurred in this district. STATUTORY FRAMEWORK The Magnuson-Stevens Fishery Conservation and Management Act 28. The MSA is the primary domestic legislation governing management of federal fisheries. 16 U.S.C. §§ 1801-1891d. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 11 of 52 Page 139 United Cook Inlet Drift Association, et al. v. NMFS, et al 12 113095205.1 0014655-00002 29. The MSA created eight regional fishery management councils that are primarily charged with preparing FMPs and plan amendments for each managed federal fishery. Id. § 1852(a)(1). 30. The MSA requires an FMP for each fishery under the regional council’s jurisdiction “that requires conservation and management.” Id. § 1852(h)(1). The FMP is the foundational document for management of each fishery and provides the framework for ensuring that fisheries are managed in a manner consistent with the requirements of the MSA and its National Standards. 31. The MSA’s purpose is to put these national fishery resources under “sound management” and “to realize the full potential of the Nation’s fishery resources.” Id. § 1801(a)(5)-(6). This includes both conservation measures to prevent overfishing, as well as a “national program for the development of fisheries which are underutilized or not utilized by the United States fishing industry.” Id. § 1801(a)(7). 32. The MSA gives special attention to anadromous species such as salmon. Indeed, the MSA’s stated purpose is “to take immediate action to conserve and manage the fishery resources found off the coasts of the United States, and the anadromous species . . . of the United States.” Id. § 1801(b)(1) (emphasis added). 33. The Council manages fisheries in the EEZ off Alaska’s coast. Prior FMPs developed by the Council govern the management of salmon fisheries, including but not limited to the salmon fisheries, in which Plaintiffs’ members participate. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 12 of 52 Page 140 United Cook Inlet Drift Association, et al. v. NMFS, et al 13 113095205.1 0014655-00002 34. The authority of a state to manage fisheries in the EEZ, beyond the state’s territorial waters (three miles for purposes of MSA), is constrained by the MSA. The state may regulate all fishing activities in the adjacent portions of the EEZ only to the extent that the applicable FMP delegates such authority. Id. § 1856(a)(3). Absent such delegation through an FMP, the state may only regulate vessels registered under the laws of that state in the EEZ. 35. Fishery management councils submit proposed FMPs and FMP amendments to the Secretary of Commerce for review and approval. Id. §§ 1853, 1854. All FMPs, and FMP amendments, must be consistent with the requirements of the MSA, including the 10 National Standards set forth in the MSA. 36. The MSA’s National Standards guide all FMPs and MSA regulations. For example, National Standard 1 requires FMPs to prevent overfishing while achieving the optimum yield from each fishery for the U.S. fishing industry. Id. § 1851(a)(1). National Standard 2 requires that all conservation measures be based on the best scientific information available. Id. § 1851(a)(2). National Standard 3 provides that fisheries should be managed as a unit throughout their range, where practicable. Id. § 1851(a)(3). National Standard 4 requires that any allocation of fishing rights be “fair and equitable” to fishermen and “shall not discriminate between residents of different States.” Id. § 1851(a)(4). National Standard 7 requires conservation measures to, where practicable, minimize costs and unnecessary duplication. Id. § 1851(a)(7). National Standard 8 requires conservation measures to take into account the importance of the fishery Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 13 of 52 Page 141 United Cook Inlet Drift Association, et al. v. NMFS, et al 14 113095205.1 0014655-00002 resources to fishing communities, to provide for the sustained participation of, and to minimize impacts on, such communities. Id. § 1851(a)(8). National Standard 10 requires conservation measures to promote the safety of human life at sea. Id. § 1851(a)(10). 37. The Secretary of Commerce, acting through NMFS, must disapprove an FMP amendment to the extent it is inconsistent with provisions of the MSA or any other applicable law. 38. The Secretary of Commerce must also approve all regulations that implement an FMP. Id. § 1854(b). The Secretary must give notice of proposed rulemaking and provide an opportunity for public comment on proposed regulations. Id. 39. Any fishery management regulation implementing an FMP must be consistent with the MSA, including the 10 National Standards for fishery management and conservation. Id. §§ 1854(b), 1851(a). The National Environmental Policy Act 40. Approvals of FMPs, FMP amendments, and implementing regulations are subject to NEPA requirements, 42 U.S.C. § 4321, et seq.; 16 U.S.C. § 1854(i). 41. Congress established NEPA as “our basic national charter for protection of the environment.” 40 C.F.R. § 1500.1(a) (1978) (amended July 16, 2020). NEPA and its implementing regulations require that federal agencies, including NMFS, must prepare an environmental impact statement (“EIS”) for all “major Federal actions significantly affecting the quality of the human environment.” 42 U.S.C. § 4332(2)(C); see 40 C.F.R. § 1501.3–6 (2020). The purpose of NEPA is to ensure that federal decision-making is Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 14 of 52 Page 142 United Cook Inlet Drift Association, et al. v. NMFS, et al 15 113095205.1 0014655-00002 fully and publicly informed through a reasonably thorough and thoughtful analysis of the probable environmental impacts resulting from a proposed federal action, and through identification and analysis of a reasonable range of alternative actions, including the no- action alternative. In enacting NEPA, Congress sought to ensure that federal agencies take a hard look at the environmental consequences of any proposed action and required agencies to comply with NEPA “to the fullest extent possible.” 42 U.S.C. § 4332. 42. NEPA requires that a federal agency proposing a major federal action with significant environmental effects prepare a detailed statement, which must include the environmental impacts of and alternatives to the proposed action. Id. § 4332(2)(C)(i)- (iii). This detailed written statement is an EIS. See 40 C.F.R. § 1508.1(j) (2020). 43. To determine whether an EIS is necessary, an agency may first prepare an EA. See id. §§ 1501.5(a)–(c), 1508.1(h) (2020). An EA is a “concise public document prepared by a Federal agency to aid an agency’s compliance with the Act and support its determination of whether to prepare an [EIS] or a [FONSI].” Id. § 1508.1(h) (2020). An EA must contain sufficient information and analysis to determine whether the proposed action is likely to have significant impacts, thus requiring preparation of an EIS. See id. §§ 1501.5(a)–(c), 1508.1(h) (2020). An EA must consider a reasonable range of alternatives, and must include a reasonably thorough discussion of the direct, indirect, and cumulative impacts of the proposed alternative. See § 1501.5(c)(2) (2020). Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 15 of 52 Page 143 United Cook Inlet Drift Association, et al. v. NMFS, et al 16 113095205.1 0014655-00002 44. If an agency concludes, based on the EA, that an EIS is not required, it must prepare a FONSI, which explains the agency’s reasons for its decision. Id. §§ 1501.6(a)–(c), 1508.1(l) (2020). 45. The analysis of alternatives should present the environmental impacts of the proposed action and the alternatives based on the information and analysis presented. Id. § 1502.14 (2020). The analysis must evaluate reasonable alternatives to the proposed action, identify a “no action” alternative, discuss in detail each alternative considered, and discuss the reasons alternatives were eliminated from detailed study. Id. § 1502.14(a)–(f) (2020). These alternative analysis requirements also apply to EAs. See 42 U.S.C. § 4332(2)(E); 40 C.F.R. § 1501.5(c)(2) (2020). The Administrative Procedure Act 46. The APA provides for judicial review of final agency action by persons “aggrieved” by such action. 5 U.S.C. § 702. The actions reviewable under the APA include any “preliminary, procedural, or intermediate agency action or ruling . . . on the review of the final agency action.” Id. § 704. 47. The APA also provides standards applicable when a federal agency proposes and adopts final rules and regulations. Id. §§ 553, 551(4). Specifically, agencies must provide “[g]eneral notice” of any “proposed rule making” to the public through publication in the Federal Register. That notice must include: “(1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; and (3) either the terms or substance of the Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 16 of 52 Page 144 United Cook Inlet Drift Association, et al. v. NMFS, et al 17 113095205.1 0014655-00002 proposed rule or a description of the subjects and issues involved.” Id. § 553(b). An agency’s responsibility to consider public comments on a proposed rulemaking is required by 5 U.S.C. § 553(c). 48. Under the APA, a reviewing court shall “hold unlawful and set aside agency action, findings, and conclusions found to be . . . arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” Id. § 706(2)(A). A reviewing court shall also “hold unlawful and set aside agency action, findings, and conclusions found to be . . . without observance of procedure required by law.” Id. § 706(2)(D). STATEMENT OF FACTS The Cook Inlet Salmon Fishery 49. Upper Cook Inlet is home to five species of anadromous salmon—chinook, sockeye, coho, pink, and chum—as well as steelhead trout. These are some of the largest natural, wild returns of salmon in the nation. And unlike many of our nation’s fisheries that are fully utilized (or even overutilized), Cook Inlet salmon stocks are largely underutilized. For example, in 2014 an estimated 20 million pink salmon returned to Cook Inlet, but state restrictions limited harvest to 642,754 fish, with 15 million pink salmon not utilized and not needed for biological purposes. This happened again in 2020. 50. The Kenai River sockeye runs in Cook Inlet, in particular, are world-class, with the potential to produce millions of adult sockeye returns annually. These sockeye are also genetically unique, with an unusual variety in the age and large size of adult returning stocks. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 17 of 52 Page 145 United Cook Inlet Drift Association, et al. v. NMFS, et al 18 113095205.1 0014655-00002 51. The commercial fishery on these Cook Inlet anadromous stocks dates back to at least 1882, utilizing all manner of gear types, from fishwheels to driftnets. The federal government expressly recognized the national importance of maintaining this commercial fishery in 1952 when it negotiated by treaty to exclude Cook Inlet from an international treaty banning most net fishing activities outside of state waters. 52. Commercial fishing in Upper Cook Inlet is currently limited to two gear types (set and drift gillnets) and occurs on all five Cook Inlet anadromous salmon stocks. East side set net operations deploy gillnets from fixed locations near shore, anchored to the bottom, and commonly extending in sections as far as one and half miles offshore. West side set net operations are commonly extended up to 5 miles off shore. Northern District set net operations commonly extend up to 10 miles off of the northern inlet shores. Drift gillnets, by contrast, are deployed from small vessels. Each drift gillnet is approximately 900 feet long. 53. The majority of commercial fishing harvest in Upper Cook Inlet is on sockeye. The vast majority of the commercially caught Cook Inlet salmon find their way to grocery stores and restaurants in the United States. Cook Inlet salmon are an important and healthy part of the nation’s food supply. 54. The Cook Inlet salmon fishery is highly competitive and requires conservation and management. The 1990 Salmon FMP Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 18 of 52 Page 146 United Cook Inlet Drift Association, et al. v. NMFS, et al 19 113095205.1 0014655-00002 55. The last major revision to the Salmon FMP was in 1990. The 1990 Salmon FMP has two management areas: the East Area and the West Area. The border between the two areas is the longitude of Cape Suckling. 56. The 1990 Salmon FMP addressed commercial salmon fishing in the East and West Areas differently. In the East Area (which consists primarily of coastal waters off southeast Alaska), the 1990 FMP set forth the Council’s management goals and objectives. The 1990 FMP delegated management of East Area fisheries, consistent with the Council’s management goals and objectives, to the State of Alaska. 57. In the West Area, by contrast, the 1990 Salmon FMP provided little guidance on how to manage salmon. Instead, the 1990 Salmon FMP closed the vast majority of the West Area to commercial fishing, consistent with prohibitions in the International Convention for the High Seas Fishery of the North Pacific Ocean (“High Seas Convention”). Also consistent with the High Seas Convention, the 1990 FMP exempted from this closure three historic net fisheries: Cook Inlet, Prince William Sound, and the Alaska Peninsula area. The EEZ portion of Cook Inlet open to fishing is a contiguous area of approximately 1,100 square miles. The 1990 Salmon FMP did not expressly delegate management to the State of Alaska or set clear management goals or objectives for the West Area. 58. The High Seas Convention was repealed and replaced in 1992 by the North Pacific Anadromous Stock Act of 1992, which contained no provisions for management of the three historic net fisheries areas. Despite the change in the law, the Council took Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 19 of 52 Page 147 United Cook Inlet Drift Association, et al. v. NMFS, et al 20 113095205.1 0014655-00002 no action to make changes to the FMP to clarify for the West Area how it was to be managed for nearly 20 years. The State of Alaska’s Management of the Cook Inlet Salmon Fishery 59. The State of Alaska has managed the salmon fisheries in Alaska since 1960. As a condition of statehood, Alaska was allowed to manage the Cook Inlet salmon fishery provided that “the Alaska State Legislature has made adequate provision for the administration, management, and conservation of said resources in the broad national interest.” Alaska Statehood Act, Pub. L. No. 85-508 § 6(e), 72 Stat. 339, 341 (1958) (emphasis added). The State of Alaska sets its fishery management policies through the Alaska State Board of Fish, and implements those management policies through the Alaska Department of Fish and Game. 60. The State of Alaska manages salmon in Cook Inlet based on a series of state management plans without Federal oversight. Generally speaking, these management plans set escapement goals for salmon. An escapement goal, in this context, is the number of salmon that the state has determined is necessary or desirable to “escape” past a fishery and, thereby, provides spawning stock for successive generations or meets other needs. 61. The state management plans also include allocation decisions. Allocation decisions are generally made by setting the number of fishing days, including time and area, allowed for a particular gear type during the season. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 20 of 52 Page 148 United Cook Inlet Drift Association, et al. v. NMFS, et al 21 113095205.1 0014655-00002 62. In season, the state manages these fisheries based on assessments of run strength, as measured against desired escapement goals. In theory, if the run strength is estimated to be larger than normal, then more fishing days are authorized to avoid exceeding maximum escapement targets. If run strengths are estimated to be smaller than normal, then fewer fishing days are authorized to avoid dropping below minimum escapement targets. These run strength assessments are based on preseason forecasts, test boat data, and other factors. Fishing in the EEZ, including test boat fishing in the EEZ, is essential to proper management of the commercial harvest in Cook Inlet. 63. Setting science-based escapement goals for salmon is essential to a well- managed fishery. If an escapement goal is set too low, then the fishery gets overfished and run strengths diminish over time. If an escapement goal is set too high, then the harvestable surplus is lost. Where too many salmon escape and spawn, the fitness of that run may also be diminished in future years due to density-dependent effects and other biological and ecological factors. That is especially the case for sockeye, where rearing space and food supply in the lakes and rivers are a limiting factor. Over-escapement events can reduce run strengths for two or three successive years. 64. The state has two basic kinds of escapement goals: biological and sustainable. Biological escapement goals are intended to achieve the MSY (human consumption for that fishery as a food resource). Sustainable escapement goals, by contrast, are based on historical data showing that a certain harvest level can be sustained. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 21 of 52 Page 149 United Cook Inlet Drift Association, et al. v. NMFS, et al 22 113095205.1 0014655-00002 In Upper Cook Inlet, only one salmon stock has a biological escapement goal. This goal has not been peer reviewed or set for MSY as required by MSA and National Standard 1. 65. Beginning in 2000, the state imposed a “Sustainable Salmon Fisheries Policy” (“SSFP”) intended to ensure the long-term viability of salmon runs in Alaska. 66. The state has affirmatively stated that it is under no obligation to comply with the MSA in making its fishery management decisions. Indeed, the state’s record has shown that it has not managed the fisheries, especially the fisheries in Cook Inlet, in a manner consistent with the MSA. 67. In 1990, when the last Salmon FMP was created, the state typically managed the salmon fisheries in accordance with the MSA. Beginning in 1996, the state began departing from MSA management. And, when the state subsequently adopted the SSFP, it no longer made any attempt to manage fisheries in Cook Inlet under MSA standards. 68. During the last two decades, the commercial harvest in Cook Inlet has steadily—and more recently, precipitously—declined. In the 1980s and 1990s, the sockeye salmon harvest alone ranged consistently from four to nine million sockeye per year. The Secretary declared a fishery disaster in Cook Inlet in 2012 due to the commercial salmon fishery failure. The commercial sockeye harvest was about 1.8 million in 2017 and 2019, and commercial sockeye harvest in 2018 was only 814,516—the worst harvest in over 40 years. The 2018 total commercial harvest of all five salmon species was approximately 1.3 million salmon: 61% less than the most Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 22 of 52 Page 150 United Cook Inlet Drift Association, et al. v. NMFS, et al 23 113095205.1 0014655-00002 recent 10-year average (already reduced) annual harvest of 3.4 million fish. In 2020, the commercial salmon harvest in Cook Inlet reached a new low below 2018 with 669,751 sockeye harvested and 1.2 million total commercial harvest of all five salmon species. Petitions for disaster declarations for the 2018 and 2020 commercial seasons are currently pending with the Secretary. 69. The decline in harvest and disaster requests are a direct result of mismanagement by the State of Alaska because of unnecessary restrictions on the commercial fisheries, preventing the harvest of millions of surplus salmon annually. State management in 2021 provides an example. In 2021, the State of Alaska missed the high end of already overinflated escapement goals for sockeye on the Kenai and Kasilof Rivers and Fish Creek by allowing a surplus of 1,447,618 sockeye to escape. This wasted surplus was larger than the entire commercial sockeye harvest for Upper Cook Inlet in 2021 of 1,403,017 sockeye. The state wasted more sockeye than it allowed to be harvested. 70. Accompanying this period of historically low salmon harvest is the state’s decision to gradually restrict the commercial fishery year after year, with most openings now being severely geographically limited to only a narrow band, preventing the fishery from targeting areas where salmon congregate. Commercial drift fishing historically occurred predominately in the EEZ, but state restrictions have progressively pushed fishing efforts out of this essential fishing area. At the same time, the state has continued to increase “escapement” levels to record high (and likely unsustainable) levels in order Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 23 of 52 Page 151 United Cook Inlet Drift Association, et al. v. NMFS, et al 24 113095205.1 0014655-00002 to guarantee more than enough fish for the sport fishers to catch and to stock the state resident-only personal use fishery with hundreds of thousands of fish.1 Even with inflated escapement targets, the restrictions on commercial fishing are so significant that the state still regularly exceeds those escapement goals by a wide margin (e.g., the Kenai in-river sockeye goal has been exceeded nine out of the last 10 years). 71. The state restrictions have resulted in severe financial hardship to the U.S. citizens participating in the Cook Inlet commercial salmon fishery, as well as the businesses that rely on the commercial harvest. Twenty years ago, Cook Inlet had 23 major salmon processors willing to purchase and prep salmon for the wholesale and retail markets, including both international markets and local food stores throughout America. Presently, there are only two major salmon processors left in Cook Inlet. 72. Importantly, these state restrictions are based not on science or sound principles of species conservation and fishery management, but rather on other “allocative purposes,” like “mak[ing] sport fisheries more enjoyable.” In fact, as a result of the state’s over-escapement approach, the increasing sport fishery (and the resident- only personal use fishery) has harmed Cook Inlet salmon by causing “serious in-river habitat degradation problems such as hydrocarbon pollution and turbidity levels that exceed clean water standards, and miles of trampled riverbanks.” Millions of salmon go 1 For example, the in-river escapement goal for sockeye in the 1980s and early 1990s (when the fishery was doing very well) was 400,000 to 700,000. ER 384. By 2011, the state ratcheted that goal to 1.1 million to 1.35 million, with no underlying biological basis for the change. Id. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 24 of 52 Page 152 United Cook Inlet Drift Association, et al. v. NMFS, et al 25 113095205.1 0014655-00002 unharvested every year while the commercial fleet is sidelined, to the detriment of Plaintiffs’ members, local fishing communities, and the national interest in this important food source as expressed by the Magnuson-Stevens Act. 73. As noted above, only one salmon stock in Cook Inlet is claimed to have a biologically-based escapement goals. Many runs in Cook Inlet have no escapement goal of any kind. There are no escapement goals for pink salmon, only one tributary with escapement goals for chum, and two tributaries with escapement goals for coho. Of the 35 chinook tributaries, only seven have any escapement goals or monitoring data, and most of those seven are listed under the state designation of “stock of concern.” 74. State management in Cook Inlet has destabilized the fishery. As a result, many seafood processors have simply quit doing business in Cook Inlet, citing a hostile business environment created by state mismanagement as the reason. In recent decades, the commercial catch of salmon in Cook Inlet has declined as a result of state management decisions. Harvests of some stocks have declined as much as 50% due to state management. Every year, millions of salmon (worth tens of millions of dollars to local and national communities and businesses), above and beyond those necessary to meet biological needs, go unharvested due to state mismanagement. Amendment 12 to the Salmon FMP 75. In 2007, Congress amended the MSA to require all fishery management councils to amend their FMPs to “establish a mechanism for specifying annual catch limits in the plan (including a multiyear plan), implementing regulations, or annual Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 25 of 52 Page 153 United Cook Inlet Drift Association, et al. v. NMFS, et al 26 113095205.1 0014655-00002 specifications, at a level such that overfishing does not occur in the fishery, including measures to ensure accountability.” 16 U.S.C. § 1853(a)(15). Congress gave the fishery management councils a deadline of “fishing year” 2011 to accomplish this goal for any fishery that was not being overfished. Id. § 1853 note. 76. In 2010, the Council began the process of amending the Salmon FMP to comply with this statutory deadline. Plaintiffs, and their members, fish processors, and community leaders from Cook Inlet enthusiastically participated in the Council’s process. Plaintiffs explained in public testimony and written comments that the salmon fisheries in Cook Inlet were experiencing significant management concerns that have resulted in reduced run strengths, wasted harvests, and reduced salmon quality. Plaintiffs further explained that the state was not managing this fishery in a manner consistent with the MSA, as conceded by the state who affirmatively represented that it was not obligated to do so. Accordingly, Plaintiffs asked the Council to update the FMP for the West Area, provide management goals and objectives for Cook Inlet and annual catch limits (or an appropriate proxy for annual catch limits) as required by the MSA, and then delegate management to the state consistent with these goals and objectives. This is precisely what the Council proposed to do (and did) for the federal salmon fisheries in the East Area, and Plaintiffs explained that similar measures were necessary to address ongoing management concerns in Cook Inlet. 77. Plaintiffs also offered to work with the Council, and with Defendants, to secure funding to carry out those tasks. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 26 of 52 Page 154 United Cook Inlet Drift Association, et al. v. NMFS, et al 27 113095205.1 0014655-00002 78. Instead of granting Plaintiffs’ request or working with the commercial salmon fishing groups to address their concerns, Council members told Plaintiffs that their belief that the Council could provide them any help was “naive and misguided” or “ill-founded, at best.” The Council emphasized that the “National Marine Fisheries Service does not have the expertise . . . to effectively manage salmon fisheries,” and that it was naive to expect that the federal agencies could help the state achieve the optimum yield required by the MSA or help stabilize unpredictability in the management of the fishery. 79. Instead of complying with Congress’s annual catch limit requirement, the Council, with the support of Defendants, adopted Amendment 12 to the FMP, which provided no annual catch limits for Cook Inlet. Instead of including annual catch limits in the Salmon FMP for Cook Inlet, the Council redrew the map of the West Area to withdraw Cook Inlet from inclusion in the West Area and the Salmon FMP altogether. In so doing, the Council effectively abdicated all federal responsibility for managing salmon in Cook Inlet, contrary to the MSA. NMFS Approves Amendment 12 and Issues a FONSI 80. The Council submitted Amendment 12 and its implementing regulations to NMFS for approval in December 2011. On April 2, 2012, NMFS published a notice of Amendment 12 in the Federal Register and solicited public comment. 77 Fed. Reg. 19,605 (Apr. 2, 2012). On April 11, 2012, NMFS published a notice of the draft rules Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 27 of 52 Page 155 United Cook Inlet Drift Association, et al. v. NMFS, et al 28 113095205.1 0014655-00002 implementing Amendment 12 and solicited public comment. 77 Fed. Reg. 21,716 (Apr. 11, 2012). 81. Plaintiffs submitted comprehensive comments on Amendment 12, the proposed implementing regulations, and the draft EA on May 29, 2012. 82. Plaintiffs explained that the Council’s decision to remove Cook Inlet from the Salmon FMP was arbitrary, capricious, and contrary to law and asked the Defendants to reject Amendment 12 and its implementing regulations as inconsistent with the requirements of the MSA. 83. Plaintiffs also submitted detailed comments on the errors in the EA, the failure of the EA to comply with NEPA and its implementing regulations, and the need for a full EIS. 84. On June 25, 2012, NMFS issued its final EA and FONSI, concluding that Amendment 12 would have no significant impact on the environment. 85. The final EA and FONSI concluded that no EIS was necessary. 86. The final EA and FONSI did not consider the alternative of treating Cook Inlet differently from the other federal fisheries in the West Area. 87. On June 29, 2012, NMFS approved Amendment 12 to the FMP in a one- paragraph letter. The letter explained that regulations to implement Amendment 12 would follow at a later date. Under the MSA, such regulations must be issued within 30 days after the end of the public comment period. 16 U.S.C. § 1854(b)(3). Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 28 of 52 Page 156 United Cook Inlet Drift Association, et al. v. NMFS, et al 29 113095205.1 0014655-00002 88. On December 21, 2012, nearly four months after the statutory deadline to issue final regulations expired, NMFS published its notice of approval of the regulations implementing Amendment 12. The decision relies primarily on National Standards 3 and 7 as its justification for removing Cook Inlet from the Salmon FMP. Ninth Circuit Finds Amendment 12 Contrary to MSA 89. In 2013, UCIDA filed its initial complaint in this action with the district court, challenging NMFS’s decision to remove the Cook Inlet salmon fishery from the Salmon FMP. UCIDA alleged that the decision violated NMFS’s statutory obligation to prepare an FMP “for each fishery under its authority that requires conservation and management.” Id. § 1852(h)(1). NMFS argued, inter alia, that the Magnuson-Stevens Act allows NMFS to “cede regulatory authority to a state over federal waters that require conservation and management simply by declining to issue an FMP” and “does not expressly require an FMP to cover an entire fishery.” United Cook, 837 F.3d at 1062, 1064. In September 2016, the Ninth Circuit issued an opinion rejecting NMFS’s argument and siding with UCIDA. 90. The Ninth Circuit disagreed with NMFS’s argument that it could simply “defer” management to the state. The Ninth Circuit explained that “the federal government cannot delegate management of the fishery to a State without a plan, because a Council is required to develop FMPs for fisheries within its jurisdiction . . . and then to manage those fisheries ‘through’ those plans.” Id. at 1063 (emphasis added). The court also made clear that a purpose of the FMP requirement was to ensure “that federal Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 29 of 52 Page 157 United Cook Inlet Drift Association, et al. v. NMFS, et al 30 113095205.1 0014655-00002 fisheries are to be governed by federal rules in the national interest, not managed by a state based on parochial concerns.” Id. 91. Next, the Ninth Circuit rejected NMFS’s argument that an FMP need not cover an entire fishery. The court explained that “fishery[] [is] a defined term” and that NMFS’s view, if accepted, would allow it to “fulfill its statutory obligation by issuing an FMP applying to only a single ounce of water in that fishery.” Id. at 1064. The court stated that Congress “did not suggest that [the] Council could wriggle out of this requirement by creating FMPs only for selected parts of those fisheries, excluding other areas that required conservation and management.” Id. In short, the Ninth Circuit instructed that (1) NMFS must prepare an FMP consistent with the federal standards set forth in the Magnuson-Stevens Act that reflect the national interest and (2) the FMP must address the entire Cook Inlet salmon fishery. The Remand Process and Amendment 14 92. Amendment 14 is the Council and NMFS’s response to the Ninth Circuit’s mandate. Throughout the remand process, NMFS and the Council repeatedly attempted to find new ways to wriggle out of their statutory duty. Throughout most of the process, NMFS and the Council were considering three proposed alternatives on remand—none of which would comply with the Ninth Circuit’s holding or the MSA. 93. Alternative 1 is to produce no FMP amendment. This is not a viable alternative given the Ninth Circuit’s decision. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 30 of 52 Page 158 United Cook Inlet Drift Association, et al. v. NMFS, et al 31 113095205.1 0014655-00002 94. Alternative 2 would parse the fishery into separate “state” and “federal” components, and then manage the fish only when they are in federal waters. But the court already rejected the argument “that § 1851(h)(1) does not expressly require an FMP to cover an entire fishery,” explaining that “fishery” is a “defined term” and that NMFS could not provide “FMPs only for selected parts of those fisheries.” Id. Alternative 2 also proposed to defer to the state as to what management is needed in federal waters, allowing the state to decide how many fish are caught, who gets to fish, and where, when, and how fishing will occur. This violates both the Magnuson-Stevens Act, which requires these elements to be decided by NMFS, and the court’s instruction that NMFS and the Council must develop an FMP according to “federal rules in the national interest” so that the fishery is “not managed by a state based on parochial concerns.” Id. at 1063. 95. Alternative 3 would also parse the fishery into separate “state” and “federal” components, and manage the fish only when in federal waters. This alternative would set its own federal standards for fish while in federal waters but makes that federal management plan entirely subservient to the state segment of the fishery. Fishing would occur in federal waters if, and only if, the state allows it. If the state decides to “allocate” the entire harvestable surplus to state needs (like having more than enough fish for sport fishers or for state resident-only personal use fishers), then Alternative 3 simply could close the separate federal fishery. This subservient approach plainly elevates parochial concerns over national interests and defies this Court’s instruction that the FMP must cover the entire “fishery” as defined in the MSA. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 31 of 52 Page 159 United Cook Inlet Drift Association, et al. v. NMFS, et al 32 113095205.1 0014655-00002 96. NMFS and the Council never meaningfully engaged with their core obligations, as set forth by the Ninth Circuit. Instead, they repeatedly mischaracterized what commercial fishers were asking for as preemption. But commercial fishers simply want a management plan that covers salmon stocks throughout their range to ensure management of those stocks of fish consistent with the National Standards. This is not a request for “preemption” as NMFS erroneously states; it is precisely what NMFS’s own regulations require: “[t]he geographic scope of the fishery, for planning purposes, should cover the entire range of the stocks(s) of fish, and not be overly constrained by political boundaries.” 50 C.F.R. § 600.320(b). 97. Throughout the remand, the Council and NMFS disregarded the stakeholder process. The Council took an inordinate amount of time (nearly a year) just to create a stakeholder Salmon Committee. The members of the Salmon Committee worked diligently for many months to develop a functional and workable alternative (Alternative 2) that would create an FMP amendment to delegate management of the fishery to the State of Alaska under a federal plan. The Salmon Committee made one primary recommendation to the Council, that the Council consider an FMP amendment that covers the entire fishery as required by the Ninth Circuit’s decision. The Council refused to even analyze that alternative and instead dissolved that Committee altogether. As one Council member conceded, the commercial fishers “put their faith in the Council process, participated like professionals [in] the salmon FMP committee,” but “this process failed to serve them.” Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 32 of 52 Page 160 United Cook Inlet Drift Association, et al. v. NMFS, et al 33 113095205.1 0014655-00002 98. The Council process failed because the State of Alaska and Commissioner Lang, sitting as the state’s representative on the Council, had a different agenda. While stakeholders worked in good faith to find a way to make a delegated program under Alternative 2 work, the state had decided (without telling the public) that it was unwilling to accept a delegated program at all. The state did not disclose that it was unwilling to accept a delegated program until after the close of public comment at the Council hearing on December 7, 2020, four years into the remand process. Even worse, the state’s failure to disclose its position on Alternative 2 distracted and diverted stakeholders from making efforts to develop Alternative 3, the only potentially viable option for the fishery in light of the state’s (undisclosed) refusal to accept delegation. 99. Public records reveal that Commissioner Lang intended to use his role on the Council to avoid compliance with the Magnuson-Stevens Act and the results of the Ninth Circuit decision. In an internal email, Commissioner Lang notes that UCIDA had “convinced a federal court to order the Council to take action.” But Commissioner Lang did not want the Ninth Circuit decision to open the state’s management to “federal and outsider influence” that comes with an FMP. Instead, he developed a policy rationale based on the “State Right to Manage.” He explained that “we cannot support the establishment of a process that requires annual federal and Council review and oversight of our fisheries and their management.” He further explained that closure of the fishery in federal waters is “the only option” for “preserving state management” and preventing “federal incursion into this and other state-managed fisheries.” Under any other option, Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 33 of 52 Page 161 United Cook Inlet Drift Association, et al. v. NMFS, et al 34 113095205.1 0014655-00002 he explains, the Council would “take actions to bring state management in federal waters in line with federal standards.” In Commissioner Lang’s view, the “side effects” of compliance with federal fishery management standards “could kill us.” 100. In furtherance of the “State Right to Manage” agenda, Commissioner Lang (acting through Deputy Commissioner Rachel Baker), in October 2020, asked the Council to consider a new alternative (Alternative 4) that would result in closure of the Cook Inlet salmon fishery in federal waters. The motion to add Alternative 4 (made by Deputy Commissioner Baker) was made after the close of public comment and just two months before the Court-ordered deadline. Deputy Commissioner Baker proposed Alternative 4 as a potential policy choice that would help with a “transparent analysis” of the alternatives. But Deputy Commissioner Baker failed to disclose the state’s unwillingness to accept a delegated program or the underlying “State Right to Manage” rationale. 101. Meanwhile, between the October Council meeting and the December 7, 2020, Council meeting, NMFS helped the state carry out its anti-Magnuson-Stevens Act rationale for Alternative 4. NMFS was given advance drafts of the state’s motion to select Alternative 4, including express statements that Alternative 4 “maintains the States sovereign rights over management of the salmon fisheries.” NMFS staff suggested removing that language because “this statement could receive some pushback.” That offending language was scrubbed and replaced with conservation pretexts created at the last minute on the advice of NMFS. As Deputy Commissioner Baker explained in an Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 34 of 52 Page 162 United Cook Inlet Drift Association, et al. v. NMFS, et al 35 113095205.1 0014655-00002 email to Commissioner Lang on December 3, 2020, written four days before the Council voted, “NOAA General Counsel provided some suggestions for building the record, the main outstanding issue is the need to identify conservation benefits that outweigh costs of closing the EEZ to commercial fishery participants.” Although aware of this issue, and the state’s plans to refuse to accept any federally delegated program, NMFS never informed the public of the state’s rationale. Neither did other Council members who were actively coordinating support for Alternative 4 outside the public process. 102. Alternative 4 was uniformly opposed by the public. NMFS received 225 written comments and 35 oral testimonies; all (except one) were in opposition to the new Alternative 4. The opposition included all commercial fishers as well as state legislators, local city governments, community development associations, economic development associations, and environmental protection groups. After the close of public comments at the December 7, 2020, Council meeting, the state announced to the public for the very first time that it refused to accept any delegated federal management for salmon in Cook Inlet. The state’s newly articulated objection to delegated management was not credible given that the state is currently subject to a delegated management program for salmon in the East Area under the Salmon FMP and has willingly accepted a delegated program for many other fisheries in Alaska (e.g., cod, scallop, and crab). With Alternative 1 (no action) precluded by the Ninth Circuit’s holding, Alternative 2 rendered infeasible by the state’s announcement, and Alternative 3 not fully developed, the Council voted for Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 35 of 52 Page 163 United Cook Inlet Drift Association, et al. v. NMFS, et al 36 113095205.1 0014655-00002 Alternative 4. Notably, NMFS’s representative to the Council, Dr. Balsiger, abstained, citing “litigation” concerns. 103. During the Council meeting in December 2020, the Council neither reviewed nor adopted an FMP amendment. Instead, the Council adopted Alternative 4 as “the preferred alternative.” 104. It was not until sometime after the Court-ordered deadline of December 31, 2020 that NMFS even began drafting an FMP amendment to implement Alternative 4. In a letter dated March 2021, the NMFS Regional Director, Dr. Balsiger, provided the first draft FMP framework. Dkt. 180-1 at 1-2. The letter indicates that the Council had yet to make any decisions on what the FMP amendment would look like and had not yet made important decisions on the essential Magnuson-Stevens Act requirements of any FMP, including annual catch limits, maximum sustained yield, or optimum yield. Id. Without any public process, stakeholder input, or Council discussion, NMFS drafted Amendment 14 for the Council. Id. 105. NMFS then engaged in a sham “review” process of an Amendment that NMFS itself wrote. NMFS described the FMP Amendment 14 drafted by NMFS as the Council’s amendment and misleadingly asserted that the Council “submitted” that amendment to NMFS for review on May 14. Dkt. 181-1 at 2. NMFS Regional Director Balsiger then reviewed and approved what he referred to as the “Council’s” Amendment 14, with the Regional Director approving his own work on August 12, 2021. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 36 of 52 Page 164 United Cook Inlet Drift Association, et al. v. NMFS, et al 37 113095205.1 0014655-00002 106. NMFS proposed regulations implementing Amendment 14 on June 14, 2021. 86 Fed. Reg. 29,977 (June 4, 2021). The public comment period closed on July 6, 2021. By statute, NMFS was required to issue a final rule within 30 days, by August 5, 2021. 16 U.S.C. § 1854(b)(3). NMFS did not issue its final rule on Amendment 14 until November 3, 2021. FIRST CLAIM FOR RELIEF (Failure to Comply with Ninth Circuit’s Decision on Amendment 12) 107. Plaintiffs incorporate by reference all preceding paragraphs of this Complaint. 108. Plaintiffs have not yet received the relief they are entitled to under their original complaint and the holding of the Ninth Circuit in United Cook. 109. MSA Section 304(a) and (b), 16 U.S.C. § 1854(a)-(b), requires Defendants to ensure FMPs and implementing regulations are consistent with the requirements of the MSA. 110. Plaintiffs’ original complaint alleged that NMFS violated Section 304(a) and (b) because NMFS’s decision to remove the Cook Inlet salmon fisheries from the Salmon FMP is contrary to the express purpose of the MSA regarding anadromous stocks, and express requirements that an FMP is necessary “for each fishery under its authority that requires conservation and management,” because the Cook Inlet salmon fishery clearly requires conservation and management. Id. § 1852(h)(1). The Ninth Circuit agreed. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 37 of 52 Page 165 United Cook Inlet Drift Association, et al. v. NMFS, et al 38 113095205.1 0014655-00002 111. On remand, Defendants try to achieve the same result under a different guise. Amendment 14 closes the fishery in federal waters and relinquishes complete management control for the Cook Inlet salmon fishery to the State of Alaska. But this is just a different way to shirk the same duty. 112. Moreover, under Amendment 14, NMFS continues to defer management decision for sport fishing within federal waters in Cook Inlet to the State of Alaska without delegation through an FMP. This is directly contrary to the Ninth Circuit’s instruction. 113. The Ninth Circuit instructed that the Magnuson-Stevens Act “makes plain that federal fisheries are to be governed by federal rules in the national interest, not managed by a state based on parochial concerns” and further explained the FMP must cover the entire fishery. United Cook, 837 F.3d 1063. Amendment 14 violates these basic instructions. It improperly segregates the fishery into multiple parts, provides no management for most of the fishery, and turns all harvest decision for the entire fishery over to the State of Alaska. This alone is reason to reject Amendment 14. 114. Furthermore, Defendants’ remand process involved numerous procedural irregularities and failures to comply with the Council’s Statement of Organization, Practices, and Procedures by failing to disclose key information such as the state’s refusal to accept a delegated program in a manner that allowed for meaningful public comment and participation, failing to identify a preferred alternative or preliminary preferred alternative before taking final action, drafting Amendment 14 for the Council and Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 38 of 52 Page 166 United Cook Inlet Drift Association, et al. v. NMFS, et al 39 113095205.1 0014655-00002 deciding key elements of Amendment 14 for the Council without going through the public process, and proceeding to engage in a sham review process by and approving Amendment 14 (written by NMFS) as if it were written by the Council. 115. By continuing to refuse to comply with the MSA as held by the Ninth Circuit, NMFS has both prejudiced and injured Plaintiffs’ rights and interests, and Plaintiffs have no other adequate remedy at law. For these reasons, Plaintiffs are entitled to the relief requested below. SECOND CLAIM FOR RELIEF (Violation of the MSA and the APA—Amendment 14) 116. Plaintiffs incorporate by reference all preceding paragraphs of this Complaint. 117. The MSA allows judicial review pursuant to the APA, 5 U.S.C. § 706(2)(A), (B), (C), or (D). 16 U.S.C. § 1855(f)(1)(B). Those provisions of the APA authorize reviewing courts to set aside federal agency action that is arbitrary, capricious, and an abuse of discretion, in excess of statutory limitations, or without observance of the procedures required by law. 118. MSA Section 304(a) and (b), 16 U.S.C. § 1854(a)-(b), requires Defendants to ensure FMPs and implementing regulations are consistent with the requirements of the MSA. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 39 of 52 Page 167 United Cook Inlet Drift Association, et al. v. NMFS, et al 40 113095205.1 0014655-00002 119. In addition to and including all of the reasons set forth above, Amendment 14 violates the MSA, and should be set aside under the APA for at least the following reasons:2 a. NMFS and the Council failed to follow the established procedures for developing Amendment 14. These include (1) violation of the Council’s Statement of Organization, Practices, and Procedures by failing to disclose key information such as the state’s refusal to accept a delegated program and failing to identify a preferred alternative or preliminary preferred alternative before taking final action; (2) the Council’s failure to present Amendment 14 to the scientific and statistical committee, and the Council’s failure to set required measures prior to final action; (3) NMFS’s decision to write Amendment 14 for the Council and set the annual catch limits, maximum sustained yield, and optimum yield for the Council without going through the public Council process or without Council approval; and (4) Dr. Balsiger’s review and approval of the Amendment that he wrote, as if he were reviewing the work of the Council. b. Amendment 14 fails to comply with the MSA’s statutory requirement to provide an FMP for each entire fishery under its jurisdiction that requires conservation and management. Amendment 14 improperly bifurcates the Cook Inlet salmon fishery into artificial state and federal components and then fails to 2 Plaintiffs filed detailed comments on Amendment 14 detailing the legal flaws. Those comments are attached to this Complaint and incorporated herein. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 40 of 52 Page 168 United Cook Inlet Drift Association, et al. v. NMFS, et al 41 113095205.1 0014655-00002 provide management for the state component, or for all fishing activities in the federal component. c. Amendment 14 is a capricious and punitive closure that was motivated and adopted for political reasons instead of for compliance with National Standards of the Magnuson-Stevens Act, and is the product of bad-faith decision-making by NMFS and the Council. Amendment 14 was proposed by the State of Alaska to support a hidden state’s rights agenda and avoid “outsider influence” from NMFS, and NMFS was aware of and complicit in that anti-Magnuson-Stevens Act agenda. d. Amendment 14 arbitrarily fails to account for the negative impact that the fishery closure will have on the state’s ability to manage the fishery. It is well established that the State of Alaska cannot properly manage the commercial salmon fishery in Cook Inlet if the EEZ portion of the fishery is closed. In order to assess in-season run strength, the State of Alaska relies on test boat fishing (operated under a state-issued commercial license) in the Cook Inlet EEZ near the southern line of the commercial fishery management area, as well as early catch data from the drift fleet in the EEZ to calibrate the test boat data and assess the in- season run strength. Without these tools (both of which are foreclosed by Amendment 14), the state will have no way of assessing the in-season run strength. By the time fish reach state waters near natal streams, it is too late to assess the run and harvest the salmon that are excess to spawning needs. The test fishery harvest numbers in addition to the drift fishery harvest numbers are used to Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 41 of 52 Page 169 United Cook Inlet Drift Association, et al. v. NMFS, et al 42 113095205.1 0014655-00002 calibrate run size so that over-fishing will not occur on early or small returns. Without the EEZ fishery, over-escapement of salmon will increase, the predictability of the salmon harvest will decrease, processors will not have a reliable source of product, and both the industry and the resource will suffer. The Council was presented with unanimous testimony from stakeholders, legislators, and cities confirming that closing the EEZ portion of the fishery will completely ruin the commercial fishery in Cook Inlet. It was arbitrary and capricious for NMFS to approve the closure under these circumstances. e. Amendment 14 also fails to comply with the Magnuson-Stevens Act’s statutory requirements for closing a fishery. Under 16 U.S.C. § 1853(b)(2)(C), an FMP may designate areas where fishing is closed, but the FMP must “ensure” that a closure “(i) is based on the best scientific information available; (ii) includes criteria to assess the conservation benefit of the closed area; (iii) establishes a timetable for review of the closed area’s performance that is consistent with the purposes of the closed area; and (iv) is based on an assessment of the benefits and impacts of the closure, including its size, in relation to other management measures (either alone or in combination with such measures), including the benefits and impacts of limiting access to: users of the area, overall fishing activity, fishery science, and fishery and marine conservation.” Amendment 14 does not meet any of these requirements. The best scientific information available shows that closure will have an enormous negative impact on the fishery and its Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 42 of 52 Page 170 United Cook Inlet Drift Association, et al. v. NMFS, et al 43 113095205.1 0014655-00002 participants, and will have either no appreciable conservation benefits or actually harm conservation of the resource. Moreover, the Council’s proposed Amendment to the FMP lacks “criteria to assess the conservation benefit of the closed area” and a timetable to review performance of the closed area. f. Amendment 14 also runs afoul of National Standard 1. National Standard 1 requires that an FMP achieve optimum yield, which is defined both in terms of the “greatest overall benefit to the Nation” as well as achieving the MSY. Amendment 14 does not ensure either requirement is met. It turns complete control for all harvest levels over to the State of Alaska to do as it pleases with the fishery, while precluding the state from using essential management tools (harvest in the EEZ) to properly manage that fishery. The Council and NMFS never conducted a stock assessment for the nearly 1,300 stocks of salmon in Cook Inlet, and the FMP purports to conduct no annual stock assessments of the stocks moving forward. Simply put, the Council and NMFS do not know what the “maximum sustained yield” is for Cook Inlet salmon stocks and do not plan to find out. g. NMFS decision to allow the state to set escapement goals also violates the Magnuson-Stevens Act’s required use of the Scientific and Statistical Committee (“SSC”). 16 U.S.C. § 1852(g)(1)(B). Magnuson- Stevens Act establishes the SSC to “provide its Council ongoing scientific advice for fishery management decisions, including recommendations for Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 43 of 52 Page 171 United Cook Inlet Drift Association, et al. v. NMFS, et al 44 113095205.1 0014655-00002 acceptable biological catch, preventing overfishing, maximum sustainable yield, . . . and reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices.” Amendment 14 bypasses the SSC and puts those ongoing decisions in the hands of the State of Alaska. This is not what Congress intended in passing the Magnuson-Stevens Act. h. Amendment 14 is also not supported by the “best scientific information” available as required by National Standard 2. This fishery closure is not based on science at all, but based on politics. Moreover, the draft EA/RIR abruptly cuts off its analysis of the fishery impacts in 2018, thereby omitting the dismal harvest in 2019 and the disastrous harvests in 2020. This information was available to NMFS and the Council but not used. This missing information was critical to the decision to close the fishery in the EEZ because much of the reduced harvest in 2019 and 2020 was the result of needless state closures of fishing opportunities in the EEZ. Restrictions on fishing in the EEZ in 2020, despite relatively high abundance of salmon returns, resulted in a fishery disaster with the average drift permit holder grossing only about $4,400 for the entire season. Complete closure of the EEZ will be far worse. Likewise, NMFS and the Council failed to utilize the best available science in other respects in evaluating the efficacy of the State of Alaska’s escapement-based Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 44 of 52 Page 172 United Cook Inlet Drift Association, et al. v. NMFS, et al 45 113095205.1 0014655-00002 management program (Appendix 13) by using a data set that ended in 2010, cutting off the last 10 years of available information on salmon returns.3 i. Amendment 14 also violates National Standard 3, which requires that “[t]o the extent practicable, an individual stock of fish shall be managed as a unit throughout its range, and interrelated stocks of fish shall be managed as a unit or in close coordination.” Closure of the EEZ fishery does not “coordinate” management of stocks or manage them as a unit. It simply abdicates all federal responsibility to the state to manage the fishery in state waters however it deems fit. j. Amendment 14 also violates National Standard 4, which requires that all allocations “not discriminate between residents of different states.” Here Amendment 14 effectively allocates the entire fishery to the State of Alaska. The State of Alaska does, in fact, discriminate against out-of-state fishers, including by establishing an Alaska resident-only dipnet fishery that harvests hundreds of thousands of salmon per year to the detriment of other users of the resource. k. Amendment 14 also violates National Standard 8, which requires that conservation measures “take into account the importance of fishery resources to fishing communities” using the best scientific data available, and to “(A) provide for the sustained participation of such communities, 3 Appendix 13 was also not peer reviewed. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 45 of 52 Page 173 United Cook Inlet Drift Association, et al. v. NMFS, et al 46 113095205.1 0014655-00002 and (B) to the extent practicable, minimize adverse economic impacts on such communities.” As noted above, NMFS and the Council have not relied on the best available information related to impacts of the fishery closure, including omission of data related to the last two years of harvest. The closure required by Amendment 14 will not provide for sustained participation of fishing communities; it will wreak economic hardship on those communities and have severe consequences on the viability of commercial salmon fishing in Cook Inlet as expressed in public comment (but ignored by the Council) by the City of Kenai, the City of Homer, State Senator Peter Micciche, State Representative Sarah Vance, the United Fisherman of Alaska, the Cook Inlet Aquaculture Association, Cook Inletkeeper, the Homer Marine Trades Association, the North Pacific Fisheries Association, the Kenai Peninsula Fishermen’s Association, Pacific Star Seafoods, Salmon State, and hundreds of commercial fishers. l. Amendment 14 is also contrary to National Standard 10, requiring consideration of safety of life at sea, as it would concentrate more vessels and gear in smaller nearshore areas where there is a greater risk of collision and increased risk of vessels and gear hitting “erratic” boulders (large submerged boulders in the nearshore area). m. The Council’s decision to adopt Amendment 14 is also contrary to the MSA because it was driven by a Council stated policy “to facilitate Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 46 of 52 Page 174 United Cook Inlet Drift Association, et al. v. NMFS, et al 47 113095205.1 0014655-00002 State of Alaska salmon management in accordance with the Magnuson- Stevens Act, Pacific Salmon Treaty, and applicable Federal law.” There are two fatal problems with this policy. First, the facilitation of State of Alaska management is not a “policy” goal of the Magnuson-Stevens Act. The state’s role is to participate through the Council process, not as a substitute for the Council, and the Council’s policy is contrary to the intent of the Magnuson-Stevens Act by elevating state interests over national interests. The Ninth Circuit has already explained that this is improper. Second, the State of Alaska is assuredly not managing salmon in Alaska “in accordance with the Magnuson-Stevens Act.” UCIDA submitted detailed comments showing precisely why the state’s process for setting escapement goals does not comply with the Magnuson-Stevens Act. The Magnuson- Stevens Act requires the Council to set annual catch limits for each fishery based on peer-reviewed SSC recommendations. State of Alaska management plans that affect harvest levels or ACLs are based on flawed escapement goals set by politically appointed Alaska Board of Fisheries members. 120. Amendment 14 is arbitrary, capricious, and contrary to the MSA, and NMFS’s approval of Amendment 14 has both prejudiced and injured Plaintiffs’ rights and interests, and Plaintiffs have no other adequate remedy at law. For these reasons, Plaintiffs are entitled to the relief requested below. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 47 of 52 Page 175 United Cook Inlet Drift Association, et al. v. NMFS, et al 48 113095205.1 0014655-00002 THIRD CLAIM FOR RELIEF (Violation of NEPA and the APA) 121. Plaintiffs incorporate by reference all preceding paragraphs of this Complaint. 122. NEPA requires that federal agencies prepare a “detailed statement” regarding all “major Federal actions significantly affecting the quality of the human environment.” 42 U.S.C. § 4332(2)(C). NEPA requires an agency to take a hard look at the environmental consequences of a proposed action, including by disclosing and analyzing the significance of all direct, indirect, and cumulative environmental impacts of each alternative. 40 C.F.R. §§ 1502.14, 1502.16 (2020). The agency’s analysis must include accurate scientific analysis, expert agency comments, and public scrutiny. Id. §§ 1502.23, 1501.5 (2020); 40 C.F.R. § 1500.1(b) (1978) (amended July 16, 2020). 123. If there exist substantial questions whether the action may have a significant effect on the environment, the agency must prepare an EIS. 124. If an agency decides not to prepare an EIS for a major federal action, it must supply a convincing statement of reasons to justify its conclusion that a project will not have significant impacts on the environment. Id. §§ 1508.1(l), 1501.6 (2020). 125. NMFS failed to produce a convincing statement of reasons demonstrating that Amendment 14 will not have significant impacts on the environment. NMFS has not taken a hard look at the environmental and conservation impacts that will occur to Cook Inlet salmon stocks as a result of closing the EEZ, including the resulting removal of the Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 48 of 52 Page 176 United Cook Inlet Drift Association, et al. v. NMFS, et al 49 113095205.1 0014655-00002 ability of the State of Alaska to utilize the test boat fishery or early harvest returns in the EEZ, important management tools necessary to evaluate in-season run status and timing. The effects of such a closure are unknown, untested, and highly controversial, and raise serious questions as to whether the approval of Amendment 14 will significantly damage the long-term conservation of the fishery. NMFS and the Council rushed Alternative 4 from proposal to approval in less than two months, and never bothered to pause and look at the environmental consequences of that action. Likewise, NMFS failed to take a hard look at the socioeconomic consequences of closing the EEZ portion of the fishery. The state has a demonstrated pattern of commercial fishery disasters in Cook Inlet over the last decade, and Amendment 14 ensures a permanent disaster situation. 126. NMFS’s failure to prepare an EIS in the face of substantial questions regarding significant environmental impacts was arbitrary, capricious, and not in accordance with law, in violation of NEPA, 42 U.S.C. § 4332(2)(C), and the APA, 5 U.S.C. § 706(2). 127. Alternatively, Defendants’ decision to issue a FONSI without providing a convincing statement of reasons to justify its conclusion that the project’s impacts to the fishery and fishing communities will be insignificant was arbitrary, capricious, and not in accordance with law, in violation of NEPA, 42 U.S.C. § 4332(2)(C), and the APA, 5 U.S.C. § 706(2). Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 49 of 52 Page 177 United Cook Inlet Drift Association, et al. v. NMFS, et al 50 113095205.1 0014655-00002 128. NEPA requires an agency to develop and assess appropriate alternatives in any proposal involving unresolved conflicts concerning uses of available resources. 42 U.S.C. § 4332(2)(E); 40 C.F.R. §§ 1507.2(d), 1501.5(c)(2) (2020). 129. The EA fails to consider a reasonable range of alternatives. Alternative 1 (no action) was foreclosed by the Ninth Circuit. Alternative 2 (delegation to the state) was secretly a sham, as the state would not accept delegation. Alternative 3 (separate federal management) was crafted by the Council in a manner designed to make it look impracticable and result in closure. These are not real alternatives, conveniently leaving only Alternative 4, the last-minute proposal by the state designed to prevent outsiders (e.g., NMFS) from interfering with the state’s desire to manage the fishery. While there is no set number of alternatives that must be considered, it should be plain that an agency cannot structure its alternatives so there is only one available alternative, especially when as here that one alternative is the product of improper political motivation. NMFS was required to, at the very least, consider a version of Alternative 3 that was feasible (as suggested by UCIDA and CIFF in public comments). 130. NMFS’s decision to approve Amendment 14 without considering appropriate alternatives and comparing the environmental impacts of those alternatives was arbitrary, capricious, and not in accordance with law and violated NEPA, 42 U.S.C. § 4332(2)(C), its implementing regulations, 40 C.F.R. §§ 1502.14(a), 1507.2(d), 1501.5(c)(2) (2020), and the APA, 5 U.S.C. §§ 702, 706. Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 50 of 52 Page 178 United Cook Inlet Drift Association, et al. v. NMFS, et al 51 113095205.1 0014655-00002 REQUEST FOR RELIEF WHEREFORE, Plaintiffs respectfully request that the Court: A. Declare that the Defendants violated the MSA, APA, and NEPA; B. Declare that the Defendants’ actions, as set forth above, were arbitrary and capricious, an abuse of discretion, not in accordance with law, and without observance of procedure required by law; C. Declare that Amendment 14 is not consistent with the Ninth Circuit’s decision in this matter; D. Declare that Defendants acted in bad faith in adopting and approving Amendment 14; E. Vacate Amendment 14 and its implementing regulations, and remand with an order instructing the Defendants to develop an FMP for the entire Cook Inlet salmon fishery that complies with the requirements of the MSA, APA, and NEPA and the Ninth Circuit’s holding; F. Vacate the FONSI, and remand with an order instructing, as appropriate, the Defendants to prepare an EA or EIS that complies with NEPA and the APA; G. Appoint a special master to supervise the development of an FMP amendment for the entire Cook Inlet salmon fishery, to set deadlines for the development of that FMP, and to impose interim fishery management measures for the Cook Inlet salmon fishery until the FMP amendment is both issued and fully implemented; Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 51 of 52 Page 179 United Cook Inlet Drift Association, et al. v. NMFS, et al 52 113095205.1 0014655-00002 H. Award Plaintiffs their reasonable attorney fees, costs, expenses, and disbursements, including attorney fees associated with this litigation pursuant to the Equal Access to Justice Act or other law; and I. Award Plaintiffs other and further relief as this Court may deem just and equitable. DATED this 16th day of November, 2021. STOEL RIVES, LLP /s/ Jason T. Morgan Ryan P. Steen, AK Bar No. 0912084 Beth S. Ginsberg, Pro Hac Vice Pending Jason T. Morgan, AK Bar No. 1602010 Connor R. Smith, AK Bar No. 1905046 Attorneys for Plaintiffs United Cook Inlet Drift Association and Cook Inlet Fishermen’s Fund Case 3:21-cv-00255-TMB Document 1 Filed 11/17/21 Page 52 of 52 Page 180 KENAI COUNCIL ON AGING REGULAR MEETING NOVEMBER 10, 2021 – 3:00 P.M. KENAI SENIOR CENTER MEETING SUMMARY 1. CALL TO ORDER The meeting was called to order at 3:10 p.m. a. Pledge of Allegiance Committee led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Members Present: Craig, Geller, Modigh, Thornton, Milewski Members Absent: Nelson, Williams, No quorum was present. Staff/Council Liaison Present: Activity/Volunteer Coordinator K. Feltman, Administrative Assistant A. Piersee and, Council Liaison Knackstedt c. Agenda Approval d. Election of Chair 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT -- None. 4. APPROVAL OF MEETING SUMMARY a. August 12, 2021 5. UNFINISHED BUSINESS -- None. 6. NEW BUSINESS a. Discussion – 50th Anniversary on November 30th 7. REPORTS a. Senior Center Director b. Council on Aging Chair c. City Council Liaison 8. NEXT MEETING ATTENDANCE NOTIFICATION – December 9, 2021 9. COUNCIL MEMBERS COMMENTS AND QUESTIONS Page 181 Council on Aging Meeting Page 2 of 2 August 12, 2021 10. ADDITIONAL PUBLIC COMMENT 11. INFORMATION ITEMS – None. 12. ADJOURNMENT Due to lack of a quorum, the meeting was adjourned at 4:06pm. Meeting summary prepared and submitted by: _____________________________________ Meghan Thibodeau Deputy City Clerk Page 182 KENAI AIRPORT COMMISSION REGULAR MEETING NOVEMBER 9, 2021 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Feeken called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: G. Feeken, K. Dodge, D. Pitts, P. Minelga, J. Zirul J. Bielefeld Staff/Council Liaison Present: Airport Manager E. Conway, Planning Director R. Foster, Council Liaison Baisden, Deputy Clerk Meghan Thibodeau A quorum was present. c. Agenda Approval MOTION: Vice Chair Dodge MOVED to approve the agenda with requested revisions and Commissioner Minelga SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENT – None. 3. UNSCHEDULED PUBLIC COMMENT Mayor Gabriel noted that the loss of Commissioner Derek Leichliter was a terrible tragedy. He shared his memories of Derek as a great businessman and a personal friend, noting the work he did for the City and the Airport Commission. He led the Commission in a moment of silence. 4. APPROVAL OF MEETING SUMMARY a. Regular Meeting of October 14, 2021 MOTION: Commissioner Minelga MOVED to approve the meeting summary of October 14, 2021 and Commissioner Pitts SECONDED the motion. There were no objections; SO ORDERED. Page 183 ____________________________________________________________________________________ Airport Commission Meeting Page 2 of 4 November 9, 2021 5. UNFINISHED BUSINESS - None 6. NEW BUSINESS a. Discussion/Recommendation – Resolution No. 2021-XX – Approval to Execute a Lease to Integrated Account Management, Inc. MOTION: Commissioner Minelga MOVED to recommend approval of Lease to Integrated Account Management, Inc. and Vice Chair Dodge SECONDED the motion. Planning Director Foster noted the draft Council resolution in the packet for a 45-year lease to Integrated Account Management, Inc. Their application is to continue their current use of the land for professional offices. Foster stated that this use is compatible with this zoning district and with the Comprehensive Plan, and staff’s opinion is that it is a good fit. He noted that because this is airport property, the lease would go toward the airport fund. Clarification was provided that the lessee has the opportunity to purchase the property, which they had discussed with staff but decided instead to renew their lease. UNANIMOUS CONSENT was requested. There were no objections; SO ORDERED. b. Discussion/Recommendation – Resolution No. AC21-01 – Recommending the Council of the City of Kenai Approve and Adopt the City of Kenai Land Management Plan MOTION: Vice Chair Dodge MOVED to approve of Resolution No. AC21-01 and Commissioner Pitts SECONDED the motion. Planning Director Foster gave a presentation on the draft Land Management Plan (LMP), including why it was created, the background and development of the LMP, the new City Lands Inventory and Database, the objectives of the LMP, how it categorizes lands by recommendation, and timeline for approval by commissions and Council. He provided a demonstration of the new GIS tool and explained how it interacts with the database, and how it can be used by the City and the public in the future. Discussion involved mixed-recommendation lands at the airport, how land values are determined, and development conditions for donated land. A parcel on map 24 was suggested to not be retained as it was adjacent to a new development on airport leased land. It was also suggested to look at the land on the other side of Marathon road for disposal and consider past commission discussion on these lands. MOTION: Page 184 ____________________________________________________________________________________ Airport Commission Meeting Page 3 of 4 November 9, 2021 Commissioner Pitts MOVED to postpone Resolution No. AC21-01 until December 9, 2021. Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. 7. REPORTS a. Airport Manager – Airport Manager Conway reported on the following: • Enplanements and revenue are still down compared to 2019 but up from 2020; • Working with Triangle Recycling on sand contract; • Reported on current employment for airport snow & ice control; • Discussed snow & ice removal and storage strategy. b. City Council Liaison – Council Member Baisden introduced himself as the new Airport Commission Liaison, and reported on actions taken during the November 4, 2021 City Council Meeting. 8. NEXT MEETING ATTENDANCE NOTIFICATION – December 9, 2021 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Pitts noted that Derek Leichliter was an aggressive businessman who was dedicated to the local airports, and the kind of guy that made things happen. Noted that he had a lot of good ideas and will be missed. Commissioner Minelga shared memories of how he met and became friends with Commissioner Leichliter, noting that he was generous and will be missed by the community. Noted that he looks forward to working with Council Liaison Baisden. Commissioner Zirul stated that he had known Commissioner Leichliter for many years, and echoed everyone’s positive comments about him. Noted it is a great loss for commission and he will be missed. Vice Chair Dodge echoed the sentiments of other commissioners, noting that she really enjoyed his energy and passion in the commission, and he will be greatly missed. Chair Feeken noted that we will miss him, and his loss is very sad. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS a. October Mid-Month Report b. September 2021 Enplanement Report 12. ADJOURNMENT MOTION: There being no further business before the Commission, the meeting was adjourned at 7:18 p.m. Page 185 ____________________________________________________________________________________ Airport Commission Meeting Page 4 of 4 November 9, 2021 Meeting summary prepared and submitted by: ________________________ Meghan Thibodeau Deputy City Clerk Page 186 KENAI AIRPORT COMMISSION REGULAR MEETING DECEMBER 9, 2021 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Feeken called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: G. Feeken, P. Minelga, J. Zirul J. Bielefeld, K. Dodge, D. Pitts Staff/Council Liaison Present: Airport Manager E. Conway, Administrative Assistant E. Brincefield, Council Liaison Baisden, Deputy Clerk Meghan Thibodeau No quorum was present. c. Agenda Approval 2. SCHEDULED PUBLIC COMMENT 3. UNSCHEDULED PUBLIC COMMENT 4. APPROVAL OF MEETING SUMMARY a. Regular Meeting of November 9, 2021 5. UNFINISHED BUSINESS a. Discussion/Recommendation – Resolution No. AC21-01 – Recommending the Council of the City of Kenai Approve and Adopt the City of Kenai Land Management Plan [Clerk’s note: at the November 9, 2021 meeting, this item was postponed until this meeting. A motion to adopt is on the floor.] 6. NEW BUSINESS a. Discussion/Recommendation – Special Use Permit to American Red Cross of Alaska for General Office Space Page 187 ____________________________________________________________________________________ Airport Commission Meeting Page 2 of 2 December 9, 2021 7. REPORTS a. Airport Manager b. City Council Liaison 8. NEXT MEETING ATTENDANCE NOTIFICATION – January 13, 2022 9. COMMISSIONER COMMENTS AND QUESTIONS 10. ADDITIONAL PUBLIC COMMENT 11. INFORMATION ITEMS a. Manager’s Mid-Month Report b. October 2021 Enplanement Report 12. ADJOURNMENT MOTION: Due to a lack of a quorum, the meeting was adjourned at 6:15 p.m. Meeting summary prepared and submitted by: ________________________ Meghan Thibodeau Deputy City Clerk Page 188 KENAI HARBOR COMMISSION REGULAR MEETING NOVEMBER 8, 2021 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR PRO TEM CHRISTINE HUTCHISON, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Pro Tem Hutchison called the meeting to order at approximately 6:00 p.m. a. Pledge of Allegiance Chair Pro Tem Hutchison led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: C. Hutchison, B. Bornemann, N. Berga (via electronic participation), B. Peters, D. Peck Commissioners absent: M. Dunn, Staff/Council Liaison present: Public Works Director S. Curtin, Public Works Administrative Assistant L. List, Deputy City Clerk M. Thibodeau, Planning Director R. Foster, Council Liaison G. Pettey A quorum was present. c. Agenda Approval MOTION: Commissioner Peters MOVED to approve the agenda as written and Commissioner Bornemann SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. Regular Meeting of June 7, 2021 b. Special Meeting of August 23, 2021 MOTION: Commissioner Peters MOVED to approve the meeting summaries of June 7, 2021 and August 23, 2021 and Commissioner Bornemann SECONDED the motion. There were no objections; SO ORDERED. Page 189 ____________________________________________________________________________________ Harbor Commission Meeting Page 2 of 3 June 7, 2021 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion/Recommendation – Resolution No. HC21-01 – Recommending the Council of the City of Kenai Approve and Adopt the City of Kenai Land Management Plan MOTION: Commissioner Peters MOVED to approve Resolution No. HC21-01 and Commissioner Peck SECONDED the motion. Planning Director Foster gave a presentation on the draft Land Management Plan (LMP), including why it was created, the background and development of the LMP, the new City Lands Inventory and Database, the objectives of the LMP, how it categorizes lands by recommendation, and timeline for approval by commissions and Council. He provided a demonstration of the new GIS tool and explained how it interacts with the database, and how it can be used by the City and the public in the future. It was explained that the database and GIS mapping tool is currently for internal use only but would be available to the public in the future, and that right now parcel information can be found through the City’s website and through City Administration. It was noted that maps 35, 36 and 37 would be of most interest to the Harbor Commission. Clarification was provided that the document is a tool to provide data in an efficient manner, and Administration is seeking approval and recommendation to take to Council. Suggestions included a digital file with plat information which could be helpful to the public and less cumbersome than the LMP; connecting the GIS tool with the Kenai Peninsula Borough parcel viewer. Clarification was provided on the implementation stage, and leased set net sites. The discussion included how it can benefit from information and recommendations from the waterfront development feasibility study. MOTION: Commissioner Bornemann MOVED to postpone Resolution No. HC21-01 until a Special Meeting in January, date to be determined. Commissioner Peck SECONDED the motion. There were no objections; SO ORDERED. 7. REPORTS a. Public Works Director – S. Curtin reported on the following: • Dipnet Report: late fish run; • South Beach port-a-potties resulted in some savings, but not as much as he hoped b. Harbor Commission Chair – No report. c. City Council Liaison – Council Member Pettey thanked the commission for their discussion on the LMP. Reported on the actions of recent City Council meetings. Page 190 ____________________________________________________________________________________ Harbor Commission Meeting Page 3 of 3 June 7, 2021 8. NEXT MEETING ATTENDANCE NOTIFICATION – February 7, 2022 Noted that a Special Meeting would be scheduled for January. 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Peters welcomed Council Member Pettey, wished everyone happy holidays. Commissioner Peck welcomed Council Member Pettey and thanked Administration for the LMP presentation. Vice Chair Berga thanked the commission for their discussion on the LMP and waterfront development. 10. ADDITIONAL PUBLIC COMMENT Council Member Glendening encouraged the commission to spend their time working on the LMP and focus on the Harbor areas. 11. INFORMATION ITEMS – None. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7:45 p.m. Meeting summary prepared and submitted by: _____________________________________ Meghan Thibodeau Deputy City Clerk Page 191 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica “JJ” Hendrickson, Animal Control Chief DATE: December 1, 2021 SUBJECT: November 2021 Monthly Report This month the Kenai Animal Shelter took in 43 animals. Animal intake and disposition: DOGS: INTAKE 18 DISPOSITION 12 Waiver 9 Adopted 6 Stray 6 Euthanized 1 Impound 0 Claimed 5 Protective Custody 2 Field Release 0 Quarantine 1 Transferred 0 Microchips 0 Other Dispositions 0 Other Intakes 0 CATS: INTAKE 24 DISPOSITION 14 Waiver 10 Adopted 12 Stray 14 Euthanized 2 Impound 0 Claimed 0 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 0 Page 192 Page 2 of 2 4 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 23 Animals are known borough animals 22 Animals are known City of Kenai 5 Animals are known City of Soldotna 1 Animals from unknown location 55 Field Investigations & patrols 5.4 Volunteer Hours Logged 0 Citations 0 Educational Outreach Statistical Data: 860 2019 YTD Intakes 665 2020 YTD Intakes 556 2021 YTD Intakes Microchips 0 Other Dispositions 0 Other Intakes 0 0 OTHER ANIMALS: INTAKE 1 DISPOSITION 1 Pig 1 Pig 1 Rabbit 0 Rabbit 0 Other 0 Guinea Pig 0 DOA: 10 OTHER STATISTICS: Dog 5 Licenses (City of Kenai Dog Licenses) 3 Cat 5 Page 193 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: December 7, 2021 SUBJECT: Kenai Municipal Airport (ENA) Mid-Month Report ENA Property Damage On the morning of Sunday, November 28, a vehicle crashed into the ENA Security Gate at the end of Granite Point Ct. The vehicle appears to be a light-colored sedan. The gate remains out of service, quotes for repairs are being gathered, and there are no significant impacts to operations. The investigation is ongoing. Reference KPD Case #2111-0500. Enplanements October enplanements were down 26% compared to October of 2019. YTD enplanements are down 32% compared to 2019. Page 194 Page 2 of 2 Airport Mid-Month Report Page 2 of 2 Parking Revenue Parking revenue for October was down 12% compared to October of 2019. YTD parking revenue is down 31% compared to 2019. Page 195 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: December 7, 2021 SUBJECT: Finance Department Mid-Month Report – December 2021 The fiscal year 2021 Annual Comprehensive Financial Report (ACFR) has been completed with the assistance of many departments but especially the staff in the finance department. Presentation by the City’s auditor occurred at the December 1st Council meeting. The FY23 Budget is now a major focus of the department with preparation packets being prepared for distribution to department heads. The Council is scheduled to receive its first draft of the FY2022 budget in April. A preparation calendar is being finalized and will be provided to Council in January. There is much work to be done by all City departments over the next couple of months. The department is also preparing for a portfolio review of the Airport Land Sale and General Land Sale Permanent funds. Representatives from Alaska Permanent Capital will be scheduled to present a portfolio review at the February 2, 2022 Council meeting. The review will include a summary of 2021 performance, the allowable transfer amount for each permanent fund, and a recommendation for establishment of 2021 asset allocations and evaluation benchmarks. The deadline to expend CARES Act funding is December 30, 2021 after which the department will be completing final reporting on the City’s CARES Act grants. Page 196 MEMORANDUM TO: Mayor Brian Gabriel and City Council THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: December 7, 2021 SUBJECT: Fire Department Mid-Month Report – November Calls for service in November were down slightly from last year. Here is the breakdown for November and overall calls for YTD 2021. Training: Firefighters Cory Lehl and Mitch Miller completed their final training to become Driver/Operators. Both individuals have now completed all driver training required to operate all Fire Engines at Station 1 and 2. Steve Turkington completed his Station 2 check-off and is now able to cover shifts at the Airport Fire Station. Cory Lehl attended the EMS symposium in Anchorage. The symposium is held annually and give medics a chance to learn from industry leading instructors in one location, and where many areas of emergency medicine are covered throughout the week. Jeremy Hamilton attended a Fire and Life Safety Plans Review class at the National Fire Academy and was able to work with the Alexandria, VA Fire Department to gain more knowledge in Code Enforcement and Fire Investigation. I attended a FEMA Regional Delivery, NIMS ICS All-Hazards Incident Commander Course held at Alaska Regional Training Center (BEACON) to receive Certification as and IC. Projects/Grants: • We conducted a Pfizer booster dose clinic on the 19th with 9 individuals at Vintage Point receiving boosters. We also completed 3 in-home visits, and 6 walk-ins’ at KFD. • Portable radios received from SHSP funding have been placed in service. Page 197 Page 2 of 2 • With the passing of Ordinance 3255-2021, we are moving forward on Phase 2 replacement of mobile radios. We will work with KPD to move forward on ordering. • Continued work on updates to Emergency Operations Plan, with updates to Table of Contents that match sections of emergency response throughout EOP. Page 198 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ben Langham, Acting Police Chief DATE: December 2, 2021 SUBJECT: Police & Communications Department Activity – November 2021 Police handled 533 calls for service in November. The Dispatch center handled 287 calls that were recived via 911. Officers made 28 arrests. Traffic enforcement resulted in 49 traffic citations. There were 9 DUI arrests. Officers investigated 12 motor vehicle collisions in November, five of which was caused by a moose. There was one collision involving drugs or alcohol. The police department completed recruitments for two officer vacancies, one of those officers has started work and the other is scheduled to begin in December. Two investigators attended a one day training in Anchorage on forensic phone examination. One investigator attended a week long virtual Sexual Assault Response Team training. One investigator began a two week long homicide investigation course in Florida. Two dispatchers completed a virtual training officer course and another completed an emergency medical dispatch recertification. The KPD School Resource Officer completed teaching DARE to three fifth grade classes at Mountain View Elementary and the graduations will be in December. The police department has begun the process of becoming accredited through the Oregon Accreditation Alliance. 7732 5921 6601 0 5000 10000 Total Police Service Calls 2019(Jan 1 - Nov 30)2020(Jan 1 - Nov 30)2021(Jan 1 - Nov 30)2 Page 199 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: December 6, 2021 SUBJECT: Library Mid-Month Report for November 2021 November 2021 at a Glance Items Borrowed Nov-20 Nov-21 2021 YTD Physical 3,913 5,616 59,381 Digital 1,572 1,413 17,585 Services New Memberships 28 83 469 Room Reservations n/a 71 546 Programs Number of Programs 16 22 192 People Reached (e.g., DIY Kits, In-Person)n/a 332 2,366 People Reached Virtually n/a 755 8,048 Technology Sessions Computer sessions 185 395 3,876 WiFi Sessions 2,614 4,564 49,458 Early Literacy Station Sessions n/a 116 790 Page 200 Page 2 of 2 November 2021 programming highlights • 22 programs o 17 virtual programs Story times (19 participants, 231 total views within 7 days of program) Let’s Draw Knights (72 total views within 7 days of program) Lego® Club (106 total views within 7 days of program) Maker Monday (276 total views within 7 days of program) LEAP into science (12 participants) Eccentric Science – Art Alive! (38 total views within 7 days of program) DIY Egg Nog (74 total views within 7 days of program) Quilt Finish (93 total views within 7 days of program) Domestic Science (65 total views within 7 days of program) o 3 DIY kits Papel Picado (a total of 60 kits handed out) Turkey Hands (a total of 50 kits handed out) Folded Holiday Ornaments (a total of 60 kits handed out) o 2 contests Count the Candy Corn (138 participants) Ugly Sweater for Logan (24 participants) November 2021 library services highlights • Our study and conference rooms were used by 71 individuals/groups for a total of 159 hours. • We continue to offer Curbside Pickup services. A total of 41 patrons made use of this service in November. • The Peninsula Clarion and other local newspapers are now available in digital form. For more information, please go to https://www.kenai.city/library/page/new-newspapers- online. • Our next STEAM Zoom session with local schools (i.e., Science + Math + Art = SMART) is scheduled for December 16th. Page 201 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Tyler Best, Acting Parks & Recreation Director DATE: December 7, 2021 SUBJECT: Park and Recreation– December 2021 Snowfall is coming down, and schools are closing all over the state. The snow is good for our ski trails. They have been getting groomed for several weeks now, but the coverage over the trails has been poor. The snow accumulated the last week has helped provide a good base for people who recreate on the Kenai Ski Trails. With the cold weather Kenai received in November, the Parks and Recreation Operators have been able to start clearing off Daubenspeck Pond, and it is now thick enough to have skaters on it. (always skate at your own risk) The Department plans to do the annual Skate with Santa at Daubenspeck Pond on December 18th. We will have hot chocolate, music, limited skate rentals (free for the public to use), and of course, Santa will be skating for the whole event. The Department welcomed a new employee, Emily Wait to the Recreation Center Front Desk. The Kenai Recreation Center is now fully staffed. The staff has been diligent on snow removal of sidewalks at City Hall, Library, and the Visitor Center. The department Laborer Zoda has been clearing snow around fire Hydrants since it started snowing to make them more accessible for the Fire department. There has been one request to mark a grave for burial this month. Parks and Recreation have received several compliments for the Holiday lights put up around town and the snow removed at Daubenspeck. Page 202 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: December 7, 2021 SUBJECT: Planning and Zoning November 2021 Report Planning and Zoning Commission Agenda Items and Resolutions • On November 10, 2021 the Planning and Zoning Commission recommended approval of the following conditional use permits: o Resolutions PZ2021-21 & PZ2021-40 - Application for Conditional Use Permits for a Dormitory and Bed & Breakfast, for the property described as Lot 1, Block 4, Inlet View Subdivision 1st Revision, located at 702 Lawton Drive, Kenai, Alaska 99611. The application was submitted by Kathleen Martin, P.O. Box 521, Cooper Landing, Alaska 99572 o Resolution PZ2021-38 - Application for a Conditional Use Permit for a Recreational Vehicle Park, for the property described as Lot 2, Block F, Beaver Creek Alaska Subdivision Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 November 10, 2021 Amended, located at 6575 Kenai Spur Highway, Kenai, Alaska 99611. The application was submitted by Casey Gaze, 6575 Kenai Spur Highway, Kenai, Alaska 99611. • On November 10, 2021 the Planning and Zoning Commission postponed the following resolution to December 8, 2021 for further review and discussion: o Resolution No. PZ2021-39 - Recommending the Council of the City of Kenai Approve and Adopt the City of Kenai Land Management Plan. [Clerk's Note: At the October 27th Meeting, this Resolution was Postponed to this Meeting; a Motion to Enact is On the Floor.] Page 203 Page 2 of 2 Building Permit and Site Plan Reviews Planning and Zoning staff reviews all Building Permits for compliance with the zoning code. The Department conducted four Building Permit reviews in November, 2021. Code Enforcement There were no new code enforcement cases opened in November, 2021. City Council Agenda Items • On November 3, 2021, Kenai City Council approved the following lease of Airport Reserve lands: o Resolution No. 2021-63 - Approving The Execution of a Lease of Airport Reserve Lands Using the Standard Lease Form Between the City of Kenai and Schilling Rentals, LLC on General Aviation Apron Sub No. 1 Amended Lot 2, Block 3. (Administration) Land Management Plan Commission Presentations • On November 4, 2021 planning staff presented the Draft Land Management Plan to a Joint Session of the Parks and Recreation Commission and the Beautification Committee. The draft resolution in support of approving and adopting the Land Management Plan was postponed to January 2022 to provide further review and drafting of comments. • On November 8, 2021 planning staff presented the Draft Land Management Plan to the Harbor Commission. The draft resolution in support of approving and adopting the Land Management Plan was postponed to January 2022 to provide further review and drafting of comments. • On November 9, 2021 planning staff presented the Draft Land Management Plan to the Airport Commission. The draft resolution in support of approving and adopting the Land Management Plan was postponed to December 9, 2021 to provide further review and drafting of comments. The City did not receive an application for a new lease in November 2021. Page 204 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: December 6, 2021 SUBJECT: November 2021 Monthly Report A highlight of November was the Hilcorp sponsored Thanksgiving Luncheon. The staff and volunteers prepared and delivered 300 meals for home and pickup lunches. COVID-19 Booster Clinics were held thanks to Kenai Fire Department with 27 individuals participating. UNOCAL Retirees began meeting again at the Senior Center for the first time since February 2020. They meet on the first Thursday of each month for lunch and monthly business items. 2021 2020 Home Delivered Meals 2518 2838 Individuals 206 138 Dining Room (Congregate) Meals 340 0 Individuals 64 0 Transportation (1-way rides) 126 0 Individuals 11 0 Grocery Shopping Assistance 2 8 SIGN-INS VIA MySeniorCenter© Writers Group 15 0 Caregiver Support Group 15 0 Growing Stronger Exercise 219 0 Tai Chi Class 38 0 TOPS Weight Loss Class 33 0 Bell Choir 22 0 Bluegrass & Music Sessions 37 0 Card Games 71 0 Wii Bowling 25 0 Arts & Crafts 16 0 Total Event Sign-ins 1177 0 Individuals 128 0 Vintage Pointe Manor Vacancies 0 4 Page 205 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: DECEMBER 15, 2021 VENDOR DESCRIPTION DEPT. NORTHSTAR SUPPLY FY22 CALCIUM CHLORIDE STREETS KACHEMAK ELECTRIC ACTUATOR VALVES WATER ACCOUNT AMOUNT OPERATING SUPPLIES 11,907.00 REPAIR & MAINTENANCE 6,283.00 Page 206 November 30, 2021 Paul Ostrander, City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mr. Ostrander: Alaska Association of Municipal Clerks Br·enda Ballou, MMC, President City Clerk, City of Seward 4 l 0 Adams Street, Seward, AK 99664 Phone: 907.224.3331 Email: bbatlou@cityofseward.net The Alaska Association of Municipal Clerks (AAMC) would like to thank you and the City of Kenai for your support of City Clerk Jamie Heinz, MMC. Ms. Heinz has progressed through the MMC presidency and, as of the AAMC annual business meeting on November 19, 2021, she has now entered her final year on the Executive Board as the Immediate Past President. Ms. Heinz's term will extend through November 2022. On behalf of AAMC, I thank the City of Kenai Administration and City Council and offer our sincere appreciation for the support you have shown to Ms. Heinz and to the AAMC by sharing her with our organization. Sincerely, D. Danyielle Snider, MMC Secretary Alaska Association of Municipal Clerks www.alnskaclerks.org Page 207 The Cook Inlet Regional Citizens Advisory Council met virtually on December 3 rd, 2021. Remote meetings continue as a precaution to protect the health and safety of CIRCAC Directors and staff. We were pleased to hear from Commissioner Jason Brune of the Alaska Department of Environmental Conservation. In November of 2021, ADEC released its proposed changes to the state’s oil spill prevention and response regulations. The Department has identified 32 sections for possible change in Section 18 of the Alaska Administrative Code dealing with oil spill response and prevention measures, including Contingency Plans, or C-Plans. CIRCAC staff is currently working through a comprehensive review of these proposed changes and will provide comments to the Department by the deadline of January 22, 2022. CIRCAC has remained consistent in its position that any chang es to the regulations should only strengthen existing protections. These regulations have been refined over the course of three decades, with input from the public and industry, leading to a comprehensive suite of regulations that have proven effective at preventing large scale spills and providing effective guidance and response strategies for other releases. We appreciate Commissioner Brune’s efforts to keep CIRCAC apprised of this review progress since it was launched in October of 2019 and we look forwa rd to working with ADEC to ensure Alaska’s oil spill prevention and response regulations continue to protect our sensitive environment and resources in Cook Inlet. The Board was also given a presentation by Marc Bayer, Vice President, Marine Operations at Marathon Petroleum. Presentations of this sort by experts at our partner organizations are invaluable for the Board’s ongoing education regarding best practices, safety standards and technological updates in the marine transport of crude oil. Other business including adopting CIRCAC’s operating budget for 2022 and welcoming new staff to the organization; Cassandra Johnson, Accounting and Grants Manager and Candice Elias, Administrative Assistant. Our December meeting typically provides an opportunity to l ook back on accomplishments of the previous 12 months. CIRCAC had many accomplishments in 2021, the most important of which was maintaining safe day-to-day operations amid the ongoing COVID-19 pandemic, and continuing to carry out the mission of the organization despite those challenges. We very much look forward to meeting again in person in April of 2022; that decision will be made pending the status of the pandemic and with deference to safeguarding the health and safety of the public, our board members and staff. On behalf of the CIRCAC Board of Directors, have a safe and happy holiday season. Update from the Board of Directors Cook Inlet Regional Citizens Advisory Council John Williams, Vice President, representing the City of Kenai Page 208 December 7, 2021 GLM Energy Services, LLC. 420 North Willow Street Kenai, AK 99611 Dear GLM Energy Services, On behalf of the Kenai Senior Center, a sincere thank you for the $500.00 donation. The Kenai Peninsula is one of the fastest growing areas for our aging population. Since 1971, the Kenai Senior Center has been providing services to seniors allowing them to safely remain in the home environment as long as possible. Your contribution to our program will help to continue these efforts. Again, thank you for your support of the Kenai Senior Center as we work to meet the needs of the aging in our community. Sincerely, CITY OF KENAI Kathy Romain, Director Kenai Senior Center Page 209 December 7, 2021 Pioneers of Alaska Igloos 33 & 16 P O Box 1904 Kenai, AK 99611 Dear Pioneers of Alaska, On behalf of the Kenai Senior Center, a sincere thank you for the $1,000.00 donation. Pioneers of Alaska has been a longstanding voice for the independent Alaskan who helped make our great state what it is today. The Kenai Peninsula is one of the fastest growing areas for our aging population. Since 1971, the Kenai Senior Center has been providing services to seniors allowing them to safely remain in the home environment as long as possible. Your contribution to our program will help to continue these efforts. Again, thank you for your support of the Kenai Senior Center as we work to meet the needs of the aging in our community. Sincerely, CITY OF KENAI Kathy Romain, Director Kenai Senior Center Page 210 DECEMBER 15, 2021 CITY COUNCIL SPECIAL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET: ACTION ITEM REQUESTED BY Add to item D.2. Ordinance No. 3257-2021 • Written Public Comment City Clerk Add to item D.4. Ordinance No. 3259-2021 • Amendment Memo City Manager Add to item G.10. City Participation in UCIDA Lawsuit • Homer Resolution Legal Add item G.11. FY2023 Budget Goals Work Session Request • Memo City Manager From:Tamra Wear To:City Clerk; Brian G. Gabriel, Sr. Subject:The Power of Libraries Date:Monday, November 29, 2021 12:29:43 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Mayor Gabriel and Kenai City Council Members, I hope you had a restful holiday with family and friends. I wanted to send my support for the Kenai Public Library. Director Wolfe has the expertise and experience to select library materials that meet the needs of her patrons. Since we live in a community that can get quite divided, I feel it is important to remember that our First Amendment Rights, Intellectual Freedom, and the Freedom to Read are integral components of a democratic society. There is no place for censorship in our libraries. Please stay strong and remember that we are all citizens of a wonderful, diverse country. Take care, Tamra Wear Soldotna H.S. Librarian Page 2 of 15 From:Kristine Schmidt To:City Clerk Subject:Please Vote Yes On Ordinance 3257-2021 Date:Tuesday, November 30, 2021 3:16:03 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Kenai City Council members: Please vote yes to accept the $1,500 grant from the National Library of Medicine. I have lived in Kenai since 1982, and I am a regular library user and supporter. Kenai residents have always supported our local community library. We are proud of our library building, resources and staff. We have been blessed with a succession of wonderful librarians. I have complete trust in our current Library Director to select health care materials with grant funds for our library, and you should too. I don't believe it is the role of Council members to micromanage Kenai staff in the performance of their duties. It is discouraging to see residents and non-residents try to make this library grant into their personal political cause. Therefore I respectfully disagree with Mr. David Peck's comments, as well as similar comments made by other Kenai residents (and non-residents) at the October 20, 2021 City Council meeting and in your packet. Thank you for considering these comments. Kristine Schmidt 513 Ash Avenue Kenai, Alaska 99611 (907) 283-7373 kschmidt110@gmail.com Page 3 of 15 From:Mary Jo joiner To:City_Council Cc:Paul Ostrander Subject:Ordinance 3257-2021 Date:Tuesday, November 30, 2021 9:04:26 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. I thought I would be back in Alaska before this Ordinance came before the Council again. I will be in transit and unable to participate via Zoom. My name is Mary Jo Joiner and I was the Library Director in Kenai for 14 years. I was the Library Director in West Tisbury, MA for t6 years before I moved to Kenai. And, for three years, I was a medical librarian at the Georgetown University Medical Center’s Dahlgren Library. I have watched the video from the Council meeting at which Ordinance 3257-2021 was discussed. I am appalled and disappointed by the actions and some of the comments of Council members. First, let me thank City Manager Paul Ostrander for his supportive comments on the issue. Second, Council Member Glenese Pettey deserves round of applause for her support of the Library Director and insightful comments. I feel compelled at this juncture to point out, what should have been obvious, which is that it is the Library Director’s duty and responsibility to select items for the collection. Period. If any person objects to an item in that collection there is a process in place to challenge its inclusion. I will now address the public comments voiced at the meeting as well as some comments from Council. To the person concerned with the word “equity” - Equity in the context of consumer health materials can mean many things, among them simply collecting material on diseases or conditions that are experienced by a smaller segment of the population. For example, adding items that might cover Lyme Disease or Sickle Cell Anemia in addition to more standard diseases such as heart disease, diabetes and cancer. To the person who opined that we have enough items in the collection already - The standard rule of thumb in medical information is to replace every three years. Not only do treatments change fairly rapidly, but books are published after the fact. Current information is crucial and old information can be deadly. Yes, there may be COVID information, but the likelihood that reliable texts have been created so fast in a rapidly changing environment is small. I would trust the library Director to balance any issues that are controversial. Yes, the National Library of Medicine may be showcasing current issues, but the books the Library will be purchasing will not come from them. The Council’s discussion, request for a complete list of titles and action to postpone is nothing less than censorship. If I were the Director I would not produce any list. Your Library Director is a Page 4 of 15 professional and should be treated as such, including referring to her as Ms. Wolfe and not as Miss Katja. Finally, the community response should have shamed this entity. I urge you to accept the grant as presented. Mary Jo Joiner 34370 Lake Rd. Soldotna, AK 99669 Sent from my iPad Page 5 of 15 From:Meagan Zimpelmann To:City_Council Subject:Ordinance 3257 2021 Date:Tuesday, November 30, 2021 10:35:48 AM Attachments:Library Ordinance.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. So sorry this letter is late...I was just hoping to write in support of Director Katja Wolfe and Library Ordinance 3257-2021. Thank you so much for your time. Page 6 of 15 Mayor Gabriel and City Council Members: I am writing to express my opinion on the recent debate concerning ordinance No 3257-2021. I admit to having a very personal stake in this issue and thank you in advance for considering my comments. My long employment history began at the Kenai Community Library, where I was once hired as a Circulation and Periodicals Clerk. It was this entry job that set me on my final career path. With the encouragement of an amazingly diverse group of patrons and the guidance of caring, professional mentors, I obtained my Master’s Degree in Library and Information Science, specializing in Reference and User Services. For over twenty years now, I have served as an academic librarian at Kenai Peninsula College. Experience in both the academic and public settings has given me a unique perspective — an in depth, “from the trenches” understanding of the many changes and challenges Alaskan libraries face in their day to day operations. Needless to say, certain opinions recorded in both the October 20th and November 3rd meetings raised my alarm. Several comments skirted dangerously close to a call for censorship and need to be countered immediately. All librarians, regardless of professional status, are taught to honor the ALA Library Bill of Rights and support every individual’s Freedom to Read. The old battle-standard, cliché quote of “A truly great library contains something in it to offend everyone,” still holds as vital, true and necessary. Librarians work to maintain collections that boast accuracy and currency. We put great deliberation into either the acquisition or deaccession of materials. We make constant efforts into improving access, carefully cataloging and classifying our resources (both physical and digital), so our users can easily connect with a wealth of reliable information. Most importantly, we strive to seek out works that reflect differing points of view — books, periodicals and media that contain ideas, images and opinions that might oppose our own ideology and experiences. As such, I take issue with much of the reasoning currently being used to postpone the acceptance of a simple NNLM Grant Award. First of all, I certainly stand against the idea that Kenai Community Library already owns too many resources on health topics. Titles that fall under medical subject headings quickly become dated, no longer appropriate for a working collection. New treatments, new technologies, new standards of care, new discoveries, even new legislation and consumer protections are constantly on the horizon. Health resources need continual appraisal in order to help our patrons make safer, more knowledgeable choices. Would you care to fight a potentially terminal disease with supplemental data that is perhaps a decade old? Would you want to be faced with a thin selection of materials when dealing with a personal health crisis, already overburdened with physical, emotional and financial strain? Would you want a loved one to investigate a chronic condition without reputable sources? What of our region’s current medical professionals or those planning to seek further training and education in high demand health careers? Should they have limits placed on their ability to access research materials that have stood up to the rigors of peer- review? Page 7 of 15 One comment presented at the October 20th Council Meeting revealed the belief that a “half a dozen books on cancer” is enough. But consider reframing this to meet the basic concerns of cataloging, classification and context relevant to my profession: • There are over 100 forms of cancer, each affecting different tissues and organs, each coming with wide-ranging treatments, options and uncertainties. • The disease that strikes people at varied ages, income tiers, and levels of physical health and fitness. • There are factors of environment or heredity at play. • And what about addressing levels of literacy? A child dealing with the illness of a parent requires information that meets their understanding and reading level, delivered in a much more sensitive voice than the complex and technical evidence presented in your average medical textbook. • Language? Accessibility for those in our community who may be visually impaired? • Perspective? Is the information presented by someone fighting the disease or a professional seeking to treat it? • At present, Kenai has a diverse population of nearly 8,000 residents, while recent census data indicates 60,000 residents for the extended Peninsula region, etc. The list could go on and on. Of course, we can’t purchase or store everything upon a library’s shelves, but I would argue that six titles are not up to the task of addressing all of those variables. Making it even more of a convoluted mess, the complaint seeking to drastically limit collections was preceded by another protest that argued that there are no underserved populations on the Kenai, despite the acknowledgment of Census Data indicating otherwise. These extremes are precisely why the final voice on the evaluation of resources should fall to those who fully understand, serve and recognize our population’s dynamic. Librarians are trained to develop collections, maintaining them to meet the ever-growing needs of ever-growing, ever-changing communities. While focused on the theme of training, I would also like to take a moment to remind the Council that Director Wolfe not only boasts a Master’s Degree in Library Science, she possesses an additional Master’s in the field Public Health. It is very disheartening to see her expertise, integrity and efforts diminished, all thanks to a muddled definition of one “triggering” buzzword, coupled with a dash of good old conspiracy ideation. It is this fear of boogeymen, or sinister agendas lurking within professional organizations, that leads directly to the statement I found most dismaying. In a comment recorded at the October 20th meeting (approximately 1:24:25), a constituent clearly directs that Library staff and City Council “send me a list so I can come back and ask you to reject it.” While I completely understand the wish for transparency, this was such a blatant example of bias. You have a city employee, someone who is advocating for literacy and public service, whose motives and intentions are being smeared with suspicion. You have a demand for a sweeping account of titles, but it is simultaneously paired with the resolve to deny further debate, no matter what such Page 8 of 15 an index would reveal. No promise of consideration, no invitation for continued discussion, no intent for critical thought, just the bold promise of a predetermined verdict. At the risk of sounding sarcastic, I don’t think our community should be forced to “stick to their vegetables over desserts.” Especially if said dish arrives with an unhealthy heaping of censorship or has to be choked down with the sour taste of fear-mongering. With her specialized education and ethics, Director Wolfe is an asset to our community and should be allowed to fulfill her role while advancing the library’s overall mission. She should be granted full discretion to examine potential titles, to determine which subject headings require an update, and to negotiate with vendors that will offer the most competitive pricing. She needs to gauge which reference resources might maintain their scope and value over the longest span of time and to weed out items that might show signs of damage and disrepair. She deserves the Council’s trust to evaluate what subjects are lacking and what are in highest demand, to assess which items circulate most frequently and what materials are commonly being sourced from other libraries within our sharing consortium. I believe Director Wolfe sought this award with the best of intentions. I have no doubt that the Council understands that grant writing is a very labor-intensive process, fraught with red tape, restrictions and the inevitable reapplication. The funds were set to be provided from a reputable institution (despite niche hints to the contrary). Full information about this particular grant and its requirements is freely available to anyone who puts in the effort of the most basic web search. In fact, one can easily locate the NNLM’s disclaimer that states the organization holds no authority or responsibility for choosing resources: the selection of materials is strictly up to each individual library. Not everyone wins the brass ring or collects the prize: I believe there were only 6 awards available to Region 5, which includes Alaska, California, Hawaii, Nevada, Oregon, Washington, and the U.S. Territories and Freely Associated States of the Pacific. Director Wolfe won this award through a sound and compelling proposal, tenacity and the desire to benefit her whole community. Several public comments have placed emphasis on the issue of transparency, and I, too, had been hoping for a little more clarity. I had been wondering what was really motivating this challenge. If we go back to the beginning of the October 20th discussion, it seems Director Wolfe was initially pressed on whether there were plans to use award funds to add Covid-19 materials. The tone and line of questioning appeared to indicate opposition to the prospect. One could say this was confirmed in the November 3rd meeting, when the same constituent’s talk on why censorship is historically necessary derailed into an off-topic rant about vaccinations, the government, the mainstream media, Ivermectin and our local hospital infection numbers and demographics. Can we please get back to the subject of libraries? Director Wolfe clearly stated she had no intention to utilize the grant to purchase Covid related materials, but I can’t help but wonder why anyone would even take issue at all? Turning once again to the Library Bill of Rights, Item II specifically directs librarians to seek materials and information on current and historical issues. I really hope that this whole situation isn’t just a poorly masked attempt to prevent a critical topic from finding its place onto our Page 9 of 15 shelves and databases. This grant should not be branded as divisive or a shady attempt at “government overreach.” It shouldn’t be permitted to serve as a convenient tool to inflate already over-hyped partisan divide. Regardless of political leaning or party status, Covid-19 is an event with universal fallout that has claimed the lives of 5 million people around the globe; it has altered and shaped our experiences in innumerable ways for the past two years. Accounts of the disease, from our response, resiliency and achievements, to the impacts on our community relationships, infrastructure, economies and education will be discussed and analyzed for generations. This is a pandemic; research materials, vital statistics, and primary resources all need to be gathered and added to a vast and continuous information chain. Libraries are where these works are safeguarded. Professional librarians, not pseudo or armchair “experts,” build collections where concepts and ideas are allowed to recombine across a host of disciplines, to be freely examined and framed into a wider perspective — all despite current fear, misinformation crusades or petty attempts to out-outrage one another. Please do not allow the latest distraction or the loudest tantrum to dictate the Kenai Community Library’s collection development policies. Please consider the simple fact that over 200 community members have reached into their wallets to donate over $15,000, clearly expressing their confidence and support of both Director Wolfe and her grant’s sponsor. I urge the Council to reconsider acceptance of this simple NNLM Award to make a clear stand against the censorship of library materials and funding sources. Thank you again for all of your time. Meagan Zimpelmann (Box 2693 Soldotna, Alaska 99669) Links of Interest: Library Bill of Rights - https://www.ala.org/advocacy/intfreedom/librarybill American Library Association, Freedom to Read - https://www.ala.org/advocacy/intfreedom/freedomreadstatement Network of the National Library of Medicine - https://nnlm.gov/ At the October 20th meeting, this organization was labeled as “an entity that causes concern.” That sentiment was echoed again on November 3rd. I urge Council and community members to navigate to the URL. The NNLM website focuses on outreach, collection sharing, citizen science, education and training, not the peddling of conspiracy. In fact, they have several projects that welcome crowd-sharing methods for gathering data. While links to Covid-19 resources can be accessed via a small red dropdown menu at the top of the page, I would argue that these are fairly common digital resources that can be found on a wide range of federal, state, transportation, commercial or educational pages. A ten-minute search will provide all of the necessary criteria and requirements associated with the grant. Page 10 of 15 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: December 15, 2021 SUBJECT: Ordinance 3259-2021 Requested Amendment The purpose of this memo is to request an amendment to Ordinance 3259-2021. This amendment memo is to correct an error in the Contractor’s pay request. When drafting the original ordinance 35’ of additional HDPE Storm Water Piping was missed. This piping was necessary to relocate a manhole 35’ further back from the bluff to bear on undisturbed soil. The materials were ordered in coordination with the Contractor, Engineer and Owner at the start of the project. A contingent sum of $45,000 was included in Ordinance 3244-2021 in anticipation of additional fill quantities, however it was not known at that time that the manhole would need to be relocated. As a result our estimate was low. The project is now 95% complete with only the placement of topsoil and hydro-seed remaining which will take place in the spring. All in all the project has been a success, and it is a great relief to the Public Works Department and adjacent property Owners that infrastructure has been restored to working order. Council’s support of these amendments is respectfully requested. Thank you for your consideration. Motion Amend the fourth Whereas by adding “as well as one additional section of storm water piping totaling thirty-five feet” after the word used. Amend the fifth Whereas by adding “and the additional section of piping installed totals $16,065 for a total proposed Change Order 1 cost of $69,397.50,” after $53,332.50. Replace $53,332.50 in Section 1 with $69,397.50. Replace $363,107.50 where it appears in Section 1 with $379,172.50. Replace $8,332.50 where it appears in the fifth Whereas and Section 2 with $24,397.50. Page 11 of 15 Page 12 of 15 Page 13 of 15 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: December 15, 2021 SUBJECT: Work Session to Establish City Council Budget Preparation Goals and Policies for the FY2023 Annual Budget The purpose of this memo is to respectfully request a work session in early January to establish City Council budgetary goals and policies as part of the FY2023 Annual Budget process and to facilitate a resolution to adopt Council’s FY2023 Budgetary Goals and Policies at the January 19, 2022 City Council Meeting. Pursuant to Kenai Municipal Charter, Section 3-2 City Administrator: Powers and Duties, the City Manager has annually submitted the budget after establishing the budgetary goals and policies for development of the budget. Formal adoption of budgetary goals and policies by Council has not been made or sought except after the fact through adoption of the budget. A change is being proposed to the City’s budget preparation process in which Council will review and may amend the Manager’s recommended goals and policies before adoption by resolution as the first step of the budget process. This new first step will allow earlier Council and public involvement and provide the Manager with guidance in preparing direction to department heads for their budget submittals. The City’s budget development process has improved in recent years to include additional meetings to engage the public and an all-day City Council Work Session. Adoption of budgetary goals by a governing body is a best practice and sound public policy that guides the Administration by establishing expenditure and revenue expectations, staffing levels and compensation, the criteria for prioritizing special and capital projects, and any other budgetary goals the governing body wishes to communicate. Further improvement of the City’s budget process is an ongoing goal of the Administration. In addition to being a best practice, the establishment of budget goals and policies will be of particular importance in FY2023 due to current economic conditions. Economic inflation of six percent or higher has not been seen in the United States for forty years. Inflation at this level will place significant pressure to increase expenditures. The City may need to adjust employee compensation based on inflation to avoid erosion of the City’s ability to retain and attract talent in Page 14 of 15 Page 2 of 2 all positions. The cost of goods and services to be purchased has increased and may require increased expenditures to ensure the continued buying power needed to maintain City services. The FY2023 City of Kenai Annual Budget preparation will be particularly challenging. In order to provide the greatest opportunity for success in this and future years, the adoption of the Council’s budgetary goals and priorities at the start of the budget process will help guide the Administration during in its preparation of the annual budget. Our continued pursuit of improvements to the budget process and the generational fiscal scenario facing the City highlighted the importance of adding this step during budget development this year. At the proposed work session Council will receive the City Manager’s proposed FY2023 budget goals and policies. After discussion and public comment, the Administration will provide a resolution for adoption at Council’s next meeting which will formally adopt the FY2023 City of Kenai Budgetary Goals and Policies. Your support for scheduling a work session prior to January 10, 2022, is respectfully requested. Thank you for your consideration. Page 15 of 15 Kenai City Council - Regular Meeting Page 1 of 4 December 15, 2021 Kenai City Council - Regular Meeting December 15, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3256-2021 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Funds, Authorizing the Acceptance of a Grant from the Federal Aviation Administration for the Kenai Municipal Airport Sand Storage Facility Construction Phase II, and Authorizing a Budget Transfer in the Airport Improvements Capital Project Fund – Kenai Municipal Airport Sand Storage Facility Project to Facilitate the Return of Funds Advanced from the Airport Special Revenue Fund. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3257-2021 - Accepting and Appropriating a Collection Equity Award from the Network of the National Library of Medicine Region 5 for the Purchase of Health and Wellness Titles for the Kenai Community Library Collection. (Council Members Knackstedt and Pettey) 3. ENACTED UNANIMOUSLY. Ordinance No. 3258-2021 - Accepting and Appropriating Funding from the State of Alaska Department of Health and Social Services, Division of Public Health, for the Healthy and Equitable Communities Program, and Authorizing the City Manager to Execute a Memorandum of Agreement for this Funding. (Administration) Kenai City Council - Regular Meeting Page 2 of 4 December 15, 2021 4. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3259-2021 - Increasing Estimated Revenues and Appropriations in the General and Municipal Roadway Improvement Capital Project Funds, and Increasing a Purchase Order to Foster’s Construction for the 2021 Bryson Ave Bluff Erosion Repair Project. (Administration) 5. ENACTED UNANIMOUSLY. Ordinance No. 3260-2021 - Amending Kenai Municipal Code 13.40.010-Definitions, to Maintain Current Regulations on Off-Road Vehicle Use in Kenai After January 1, 2022. (Council Member Knackstedt) 6. ADOPTED UNANIMOUSLY. Resolution No. 2021-71 - Amending the Employee Classification Plan to Change the Range of the Parks and Recreation Director. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of December 1, 2021. (City Clerk) F. UNFINISHED BUSINESS 1. ADOPTED. Resolution No. 2021-64 - Awarding an Agreement for the Kenai Waterfront Redevelopment Assessment and Feasibility Study. (Administration) [Clerk's Note: At the November 3, 2021 Meeting, this item was Postponed to this meeting; a motion to enact is on the floor.] G. NEW BUSINESS 1. ADOPTED UNANIMOUSLY. *Action/Approval - Bills to be Ratified. (Administration) 2. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/5/2022. *Ordinance No. 3261-2021 - Accepting and Appropriating a Grant from the Institute of Museum and Library Services through the Department of Education and Early Development, Division of Library, Archives & Museums for the Purchase of a Hold Locker. (Administration) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/5/2022. *Ordinance No. 3262-2021 - Accepting and Appropriating a Grant from the Institute of Museum and Library Services Passed Through the Department of Education and Early Development, Division of Library, Archives & Museums for the Purchase of Steam Kit Shelving, Library Materials, and Other Items. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/5/2022. *Ordinance No. 3263-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association (AMLJIA) for the Purchase of Ballistic Vests. (Administration) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/5/2022. *Ordinance No. 3264-2021 - Accepting and Appropriating Asset Forfeiture Funds Provided to the City of Kenai through the State of Alaska Department of Public Safety. (Administration) Kenai City Council - Regular Meeting Page 3 of 4 December 15, 2021 6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/5/2022. *Ordinance No. 3265-2021 - Increasing Estimated Revenue and Appropriations in the General Fund and the Parks Improvement Capital Project Fund for Additional Kenai Dog Park Funding. (Vice Mayor Glendening and Council Members Winger and Baisden) 7. APPROVED UNANIMOUSLY. Action/Approval - Special Use Permit to American Red Cross of Alaska for General Office Space. (Administration) 8. APPOINTMENTS OF DAN PITTS, JACOB CALDWELL, JOSHUA DAILY, LISA GABRIEL, JANET PHILLIPS, CHRISTINA WARNER, CHUCK THORNTON, FRANCES KILFOYLE, NATE BERGA, VICTORIA ASKIN, CHARLIE STEPHENS, AND JENNIFER JOANIS CONFIRMED. Action/Approval - Council Confirmation of Mayoral Nominations to the City's Commissions and Committee. (Mayor Gabriel) 9. POSTPONED TO 1/5/2022. Action/Approval - Confirmation of Mayoral Nominations for Appointment to the Planning and Zoning Commission. (Mayor Gabriel) 10. APPROVED UNANIMOUSLY. Action/Approval - City Participation in UCIDA Lawsuit. (Mayor Gabriel) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION Kenai City Council - Regular Meeting Page 4 of 4 December 15, 2021 M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. Letter from the Alaska Association of Municipal Clerks 3. CIRCAC Director's Report 4. Thank you letter to GLM 5. Thank you letter to Pioneers of Alaska The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting OR https://us02web.zoom.us/j/88570636586 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 885 7063 6586 Passcode: 773916 Meeting ID: 885 7063 6586 Passcode: 773916