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Approved Minutes - 2019-02-19 ,(5(4 00\)1/4 't CITY COUNCIL REGULAR MEETING t Apr �'I MINUTES O February 19, 2019 ORFGO\ 1. CALL TO ORDER Mayor Studebaker called the regular City Council meeting to order at 3:08 p.m. on February 19, 2019 in the City Council Chambers, 380 A Avenue. 2. ROLL CALL Present: Mayor Kent Studebaker, Theresa Kohlhoff, Jackie Manz, Skip O'Neill, John LaMotte, Daniel Nguyen, John Wendland Staff Present: Scott Lazenby, City Manager; David Powell, City Attorney; Anne-Marie Simpson, City Recorder; Scot Siegel, Planning and Building Services Director; Megan Phelan, Assistant City Manager; Ivan Anderholm, Parks and Recreation Director; Shawn Cross, Finance Director. Others Present: Rob Heape, Planning Commission Chair; Bill Ward, Planning Commission; Vickie Hansen, Planning Commission; Michael Murray, Hunger Fighters. 3. PLEDGE OF ALLEGIANCE Mayor Studebaker led the Council in the Pledge of Allegiance. 4. JOINT MEETING WITH THE PLANNING COMMISSION Report and Attachment Planning Commission Chair Heape requested Council input on the Planning Commission's 2019 goals, which he reviewed with Council comments as follows: Goal 1 — Seek City Council direction on Community Development Code (CDC) incentives for affordable housing. The Planning Commission had identified density bonuses for consideration as possible incentives for multi-family affordable housing. Staff provided the Commission with the information along with other CDC amendments that could expand the range of allowable housing types consistent with the Comprehensive Plan and the City Council's Affordable Housing goal. Mayor Studebaker stated the outcome of House Bill 2001 could affect the Council's actions locally, and putting a protective measure in place should be considered should that bill pass. Councilor LaMotte expressed the need to make a stand on the issue, whether that be the Council with the Planning Commission or the Development Review Commission (DRC). Planning Commission Vice Chair Ward agreed with Councilor LaMotte about the need to mount significant opposition to HB 2001 as it was a terrible idea to blanket the State of Oregon City Council Regular Meeting Minutes February 19, 2019 Page 1 of 18 with a draconian change of zoning to eliminate single-family residential zoning in some counties and cities based on certain population levels. He suggested the Council contact the League of Oregon Cities (LOC) about a possible joint effort among cities throughout the State to oppose HB 2001 because he did not believe any of those cities wanted to go down this route. Mayor Studebaker believed the LOC was very much against HB 2001, as was the Metropolitan Mayor's Consortium (MMC). Vice Chair Ward suggested writing a letter from the Council, Commission, and DRC stating their opposition to HB 2001. Councilor Wendland stated local legislators should be included. Mayor Studebaker suggested postponing action on Goal 1 until the outcome of HB 2001 was known. Mr. Heape agreed and added the Planning Commission was working closely with Planning and Building Services Director Siegel on following HB 2001 for any impacts it may have. Mr. Siegel had also been participating with Erin Doyle, the representative from LOC. The testimony received by the House was largely in opposition, although there were some proponents such as Milwaukie Mayor Gamba, who wrote to the MMC sharing his opinions. The Planning Commission was seeking direction to continue working with Mr. Siegel who was providing updates from the LOC; and the Commission welcomed suggestions from Staff. He suggested not making any immediate changes as some may be required by HB 2001. Councilor Kohlhoff understood why Mayor Gamba was not opposed, and she differed from her colleagues in categorically stating no, because that was not being responsive to an acute problem. A response should include some interest in participating in the discussion and finding a creative way forward to get affordable housing in Lake Oswego with solutions that suit our community. Proposed solutions may not work, and she understood why the LOC would be adverse because of the home rule. They did not want to be told what to do. A creative way was needed for Lake Oswego to get affordable housing, such as through comprehensive zone changes. The Council should take a positive approach in solutions fitting for the community, instead of just saying no. Vice Chair Ward said he somewhat agreed with Councilor Kohlhoff, and suggested providing space proactively for affordable housing by `upzoning' in logical areas, such as along busy corridors close to mass transit. Councilor Manz asked Mr. Powell if HB 2001 were to pass, would it supersede any Measure 49 claims. Mr. Powell replied that Measure 49 claims were based on a property owner's assertion that the zone change had decreased their property value, but one might argue that allowing `upzoning' of certain properties did the opposite and might increase market value. Measure 49 claims were not geared toward effects on a neighboring property, but rather the affected property owner's property. If HB 2001 applied throughout the zone, owners would have to show it decreased the value of their property. Councilor O'Neill suggested determining Lake Oswego's housing inventory through a title insurance company, so Council could begin building solutions for affordable housing or protect the City's existing affordable housing from being torn down or sold off. A housing inventory would be useful for other purposes as well, such as for bond measures. Councilor Wendland agreed, adding the Planning Commission could help determine metrics because affordable housing was an ambiguous term and not well-defined. He did not believe Lake Oswego would receive much from the Metro housing bond. Council should explore how much the City would receive from the housing bond which would be a revenue source to work in conjunction with our housing inventory. He agreed the City needed to fight back because the State should not be telling Lake Oswego or any other city specifically how to plan. Councilor Kohlhoff agreed with her colleagues and encouraged that the work happen quickly. Councilor Nguyen stated that rather than waiting until the bill passed and reacting to it, the City should contact its legislative leaders now about the concerns and provide the data from the Commission so they could see what affordable housing looks like in Lake Oswego. City Council Regular Meeting Minutes February 19, 2019 Page 2 of 18 Councilor LaMotte recalled Council had previously lobbied and campaigned for preserving single-family-character neighborhoods which was accomplished by downzoning Uplands and Forest Highlands neighborhoods and had controlled the flag lot situation. Immediate action was necessary, such as educating legislators that not all single-family areas were high-end neighborhoods. He believed the City was on the right track with compiling a list of financial incentives, looking for sites to match-make with housing developers, and learning more from the County about funds to assist the City. The Council needed to be prepared to say why they opposed HB 2001, that single-family zoning was important to people living in those neighborhoods, and to ask for funds from Metro or to take some of the burden off of builders in the front end to encourage affordable housing. Councilor Manz concurred that without data to start with, Council would be spinning its wheels. She asked what it would take to inventory the City's housing stock. Mr. Siegel replied it would be easier than the abstract Housing Needs Analysis done five or six years ago. Staff could work with a title company or local realtors to compile a simple housing inventory as well as some market data that would include current rental rates. The task would take a few months. Mayor Studebaker stated he would draft a letter with Mr. Lazenby that addressed home rule and the measures the City was already taking that fit the community. Input from the Council, Planning Commission, and DRC would also be requested. Councilor Kohlhoff said she would be in support if the letter emphasized home rule. Mr. Siegel agreed to provide the market data, and suggested a review of testimony the LOC submitted to the House Committee on Housing and Human Services (HHS) that covered many of the points discussed today. Goal 2 — Implement recommendations of the Climate Action Plan once adopted by City Council. Mr. Heape stated good progress had been made on implementation since 2018 and the work would be carried over to 2019. Because of the tie-in to the Sustainability Plan, items from the Climate Action Plan needed to be moved over to the Sustainability Plan and asked that staff accelerate that process. He had been working with Jenny Slepian and Mr. Siegel to identify specific areas in which the Planning Commission could assist, and Ms. Slepian had identified several items involving the Development Code for the Planning Commission to review. This goal included support for electric cars, zero-energy buildings, and other green initiatives. He suggested prioritizing items within the goal that were more practical to implement, rather than ones with higher costs or other obstacles. The Commission would continue to work on this goal with the Sustainability Advisory Board and staff and refine a list of items that could show progress and results in 2019. Goal 3— Support the Historic Resource Advisory Board (HRAB) in updating the City's Preservation Code. The Commission would be partnering with HRAB to bring the Development Code into compliance with recent changes in the State planning requirements. Goal 3 would likely be completed in the first half of 2019. Goal 4 — Recommend Short-Term Rental regulations for City Council consideration in early summer. The clear message from Council was that this goal was a priority, and the Planning Commission had been working aggressively on making progress on the regulations to move toward public hearings. Comments from Council regarded completing the regulations in spring. Goal 5 — Implement identified process improvements for citizen involvement in land use planning. There were a number of initiatives under this goal involving notification procedures, receiving public comments, and making it easier for citizens to comment on land use plans and development applications. The Planning Commission and staff would continue the neighborhood tours, meeting with neighborhood leaders to see how Code impacted recent development in order to have a better understanding of neighborhood concerns. Other initiatives City Council Regular Meeting Minutes February 19, 2019 Page 3 of 18 included supporting neighborhood associations with financial assistance for neighborhood newsletters, and assistance with identifying meeting places for neighbors where they could discuss land use issues. Councilor LaMotte requested examining the plan submission process in order to make it easier for citizen input. He cited examples involving people not receiving site, master, or tree mitigation plans in time for discussion. Mr. Heape agreed to look into the matter. He noted the Commission for Citizen Involvement had requested support from the Planning Commission for equity, diversity, and inclusion in planning projects, and the Commission expressed a desire to support that. In an effort to increase citizen involvement, they looked at providing workshops that offer assistance in understanding City Code as it applied to home improvement projects. Finally, more orientation was wanted to smooth out the on-boarding process for new Commissioners by familiarizing them with past plans, ongoing projects, and neighborhood priorities. Goal 6 - Reviewing the criteria for membership on commissions whose focus is land use. The Commission would like to use a broader scope to determine how to form the most effective land use commissions, both for the DRC and the Planning Commission, and to encourage equity, diversity, and inclusion by reviewing membership requirements and asking for community input on them. For the City to be highly effective in having a strong Development Code that reflected the wishes of the community, a clearer Code with measurable standards was needed. Mayor Studebaker asked whether the changes in qualifications for the DRC were helpful toward that goal. Mr. Heape replied he would like to hear more from the community because some of the changes could have an adverse impact. The original requirements for the DRC position were very good and solid professionals from many different areas served. The challenge was finding well-qualified individuals with the right background to participate on commissions. Councilor LaMotte recommended Mr. Heape look at the list of qualifications for the DRC, noting some job classifications and professions had been added. He recommended not locking in the requirements because that created difficulty in finding candidates. Mr. Heape suggested the preferred path may be looking at ways to encourage community participation, rather than relaxing the requirements. Councilor O'Neill stated difficulties in finding applicants had been an issue for all six years he has been on the Council. Councilor LaMotte expressed concern that the checklist for interviews was very narrow, causing some who were qualified to believe they did not fit. He suggested having preferred categories, but focusing on direct experience. Councilor Manz suggested recruiting through booths at summer concerts and Festival of the Arts, as well as educating people about the various commissions. Goal 7 - Explore the need for new or updated neighborhood plans. The Commission had recommended requesting proposals for planning assistance from neighborhood associations. This goal was subject to Staff workload capacity and the neighborhood associations' readiness. A few neighborhoods have requested assistance in planning, and the Commission was happy to work with them. Goal 8 - Review and recommend the annual CDC amendments, and address other land use policy issues as may be directed by City Council. The number of Code changes processed through the annual CDC amendments continued to diminish, and the Planning Department was tracking only a few for 2019. However, the Commission would reserve capacity for any new planning issues that may arise to be available to respond and update Codes. The City Council took a break between 3:51 pm and 4:01 pm. City Council Regular Meeting Minutes February 19, 2019 Page 4 of 18 5. CITIZEN COMMENT • Charles Ormsby, 170 SW Birdshill Road, Portland, OR Mr. Ormsby spoke regarding the Foothills white paper published in the Council packet, adding he had sent several emails to Council voicing his objections. His main concern was that Council needed to understand the constraints, which were formidable and expensive, before doing anything with the Foothills. Moving the sewer plant around was lunacy. He informed the Army Corp of Engineers of the plans to cut and fill Birdshill Road, and Tryon Creek Cove Park being subjected to a 12,000 cubic yard cut. He believed there should be an investigation into what was revealed to Council prior to the vote on Resolution 18-55, adding that Council was given incomplete information. He estimated the upcoming costs to be in excess of $20 million, which was not discussed in the plan. The existing Lake Oswego Interceptor Sewer (LOIS) pipe had a diameter of 36-in, and narrowed to 26-in at the Tryon Creek head gates, which would cause constraints for any new housing in Lake Oswego. They should be using geocoding or Google maps rather than the obsolete Thomas Guides. Oregon Department of Transportation (ODOT) studies regarding buses and traffic through the city on State Street were needed. The rail safety corridor needed to be done now; and not delayed 10 years according to the plan schedule. Having only one entry and exit into the Foothills was a dangerous issue, especially in light of possible flooding. He urged Council to study those constraints before investing money into bringing two sewer plant designs up to the 60 percent level, which would be expensive. • Melissa Fireside, 261 Ash Street Dr. Fireside spoke to the Budget Committee selection process and her experience as an applicant in the interview process. During that interview, she was asked by Mayor Studebaker if she had any budget experience, indicating he did not think she had the chops to be effective in the role, and that he had not read her resume, nor considered what that lack of preparation would mean to her as a woman before him in such a capacity. During the interview, she described her background in corporate projects, highlighting her position as a professor of Strategic Management and Industrial Psychology, with both an MBA and PhD. Mayor Studebaker asked if the company she worked for was still around, inferring they did not survive her leadership. She confirmed it was and that it had $1.5 billion in assets. She was asked by Councilor Wendland why she wanted the challenging role on the Budget Committee. She answered by stating she had reviewed the meeting minutes and documents before applying to make sure she understood the scope and crux of the responsibility, creating an understanding of what the Budget Committee had the power to influence. She explained her background as a professor would have helped her to consider, understand, and honor the narrative of the community. At the conclusion of the interview, she stated homogenized groups did not make as sound of decisions as diverse ones, and did not adequately reflect the demographics of Lake Oswego. As such, it was imperative that every subset of the community be represented at every level of leadership, especially in volunteer posts and committees similar to the Budget Committee. She believed the Budget Committee to be a reflection of the city's values and future, which she fully intended to participate in. These exchanges during the interview stood out as being marginalizing and not considerate of her experience or the effort she made to be a participant in the selection process. If an entire subset of the community was ignored or denied because they did not fit the status quo, the whole of the community's potential, values, narratives, and residents would not be reflected to the fullest extent. She stated symbols matter, reflections of women in leadership matter, and men supporting that reflection mattered even more. She hoped other citizens would not have the same experiences when they wanted to City Council Regular Meeting Minutes February 19, 2019 Page 5 of 18 serve the city. Councilor Kohlhoff asked what she had done to prepare for the interview. Ms. Fireside replied she used the website to review the meeting minutes and the scope of previous budget meetings to better understand what would be expected of her. Mayor Studebaker apologized for what he believed to be a false impression of both he and Councilor Wendland. • Christy Clark, 353 Ash Street Ms. Clark commented about the upcoming Parks and Recreation Bond. She encouraged the Council to choose the $30 million option based on recent survey results showing the citizens strongly value the Parks and Recreation Department, and for the department's future needs. She thanked the Council for considering Hallinan Woods in a prior meeting. • Celine Mattersdorff and Oscar Mattersdorff, 930 Bullock Street, and Sage Clark, 353 Ash Street Ms. Mattersdorff spoke about previous conversations for the renewal and extension of the Park Bond to include land acquisition, and shared how her family developed a connection with Hallinan Woods. She introduced two third-graders from Hallinan Elementary. Mr. Clark stated he was there to save the woods, because he walked through them every day to school. Mr. Mattersdorff also expressed a desire to save the Hallinan Woods because there were a lot of animals he cared about there. Ms. Mattersdorff requested that before Council deliberated about priorities and financing for city parks, they consider the arguments about why preserving natural areas works hand-in-hand with promoting a more active lifestyle, with reducing carbon emissions, and providing ample opportunities for STEM education. Preservation also created a deeper connection between people and builds community, of which the Hallinan neighborhood was a prime example. She urged the Mayor and Councilors to use all their might to save the irreplaceable resources and declare preservation a major foundation of the community, as well as the residents' quality of life and present and future prosperity. Councilor Manz thanked the students for participating and appreciated their bravery. • Bill Gordon, 341 Third Street Mr. Gordon stated he was co-chair of the City's Parks Board and spoke regarding the potential renewal of the Parks Bond. He conveyed the enthusiasm from the Parks Board and residents about the prospect of renewing the bond at a .24 cent millage rate, which would produce $30 million of Parks funds. He hoped Council would choose the $30 million option, adding that the Parks Board stood ready to do whatever was necessary to assist. • Gabe Levy, 13984 Chelsea Drive Mr. Levy had concerns regarding the underrepresentation of women on the Budget Committee. He was very troubled the City's leaders would place only men on that critical committee. By placing only certain demographics and perspectives on the Budget Committee, they were doing a great disservice to the community City government should be comprised of citizens of differing backgrounds and perspectives, and stacking the Committee with a single demographic diminished the City's ability to make decisions that reflected the entirety of the community. Council should expand the demographic makeup, and-look at qualified women candidates who applied for the position. The committees were meant to serve and represent the community as a whole. City Council Regular Meeting Minutes February 19, 2019 Page 6 of 18 • Kyle Langford, 13254 Twin Creek Court Mr. Langford stated he wanted to ensure women had a fair chance to serve on the Budget Committee because they were 50 percent of the population. The diversity of life experiences between men and women should be represented on the Budget Committee. According to a study by Vanderbilt University, strong evidence existed that women elected to office encouraged policy-making that emphasized quality of life, and reflected the priorities of families, women, and ethnic and racial minorities, which was crucial. Mayor Studebaker asked if it was his impression that all members of the Lake Oswego Budget Committee presently were males. Mr. Langford replied no, but they were the overwhelming majority. • Dalia Lui, 5707 Yorkshire Court Ms. Lui addressed the Council regarding Mr. Buck's recent column in the Lake Oswego Review, and was discouraged the City Budget Committee was all male. It was arguably the most important citizen committee and should represent the entire community. She was disappointed the City's leaders did not match their calls for diversity and inclusion with meaningful action. She applauded City Council for creating a new Diversity Committee, but without actions that followed through, it was not enough. Mayor Studebaker noted the selection committee typically gave some preference to candidates who were reapplying. With many first- time applicants eager to serve on a City board, favoring returning board members was unfair, and by disregarding new applicants, the City created a cycle that did not allow for new voices and would lead to all-male boards. She strongly urged the Council to reevaluate the decision regarding the Budget Committee nominees. Councilor Kohlhoff noted the two women on the Budget Committee were Councilor Manz and herself. She asked Mr. Langford and Ms. Lui if there was any difference between a women being a citizen appointee versus a woman being a Councilor on the Budget Committee. Mr. Langford replied yes, the qualifications for being a City Councilor were different than those for the Budget Committee. Different opinions were needed from people with business expertise, for example, and other than a centralized group like City Council. Ms. Lui replied the issue was recognizing where expertise lay and that women with the same or greater qualifications were often discouraged from applying for the same board positions as men. Mr. Langford believed serving on more than one board could result in being less effective due to a lack of focus and time on a single committee's issues. Councilor Nguyen believed a difference existed between women elected to Council and women who were appointed to boards and commissions. The Budget Committee was arguably the most influential citizen committee. The pipeline feeding membership to City Council started at the citizen involvement level, and if women could not be appointed to boards and commissions, it made it much harder for them to gain the experience necessary for an elected position on the Council. Councilor Manz asked Ms. Lui if in her experience as a student, she believed a mixture of people brought something different to a group dynamic. Ms. Lui replied a broader perspective exists, especially when working primarily with men. Fresh perspectives provided by diversity would only work to enhance representation within the community. • Claire Fennel, 9070 Virginia Way Ms. Fennel stated she was a member of the Lake Oswego Youth Leadership Council (YLC), which was comprised of 10 individuals representing diverse perceptions and identities within the community. Being a member of the LGBT community allowed her to see a side to issues that City Council Regular Meeting Minutes February 19, 2019 Page 7 of 18 might be overlooked by her peers not sharing that identity. The strength of the YLC was because the identities represented within it were indicative of the greater identities within the youth of the entire community. She was concerned there were no appointed females on the Budget Committee, despite a number of qualified applicants. It was a dangerous precedent for a committee whose decisions affected the lives of Lake Oswego citizens. According to the 2010 Lake Oswego census, 52.7 percent of the community identified as female, but representation on the Budget Committee did not reflect that number. Political representation should be indicative of community demographics, especially when qualified applicants were available. Those who feel doors are being closed for them should be honored. It was not the choice of the individual asserting excessive power to decide if that power had crossed the line, but the choice of the individual feeling devalued. She loved being involved with the YLC because she loved feeling like she was part of a larger representation and reflection of the community and depriving others boards and the community of that opportunity by means of Budget was a potentially devastating mistake. Lake Oswego needed female representation and the City needed to recognize its responsibility to reflect the entire community. • Sarah Ellison, 208 Ash Street Ms. Ellison stated as chair of Hallinan Heights Neighborhood Association, she wanted to thank Council for consideration of the Hallinan Woods property acquisition this evening. She voiced her support of the Bond renewal for the parks at a millage rate of .24 cents per thousand. As a mother with two young children she used the parks citywide on a regular basis due in part to past investment in those parks. • Amy Waterbury, 4933 Parkhill Street Ms. Waterbury stated she was the co-founder of LO for Love, a grass-roots community group whose mission was to create a climate in Lake Oswego that stood up to bigotry and intolerance; and that embraced diversity. She is also a member of the Parks Board. She thanked Council for passing the December resolution affirming Lake Oswego as a welcoming and inclusive city, and for appointing a task force on diversity, equity, and inclusion as part of their 2019 goals. Community involvement and leadership on the City's boards and commissions was key, so she respectfully and strongly advocated that Council strive for diverse membership to ensure underrepresented groups have a voice. Currently, few people of color served on the City's boards and commissions, with some of the more influential boards and commissions having few, if any, appointed women, all of which the new task force could explore. Qualified applicants enhance the diversity of boards and should be given serious consideration and priority when selecting candidates. She refuted three comments she had heard. First, incumbent applicants who have served well should be given some preference. That was irrelevant when open spots existed even after incumbents were selected, as was the case with the Budget Committee appointments. Second was the opposition to quotas. Striving to populate boards and commissions with diverse candidates did not mean appointing unqualified applicants to check a box, but rather to view the diversity of qualified applicants as an asset. Third was the comment about wanting the very best. That was subjective and where implicit bias could factor in. She encouraged the Council to seek to enrich the boards and community with diverse perspectives, allowing the City and community to work towards becoming more inclusive, and appointing qualified candidates who would add diversity. Councilor Kohlhoff asked if there was a difference between the Budget Committee and other boards or commissions, and if she would advocate having a 50 percent quota for women on the Budget Committee. Ms. Waterbury City Council Regular Meeting Minutes February 19, 2019 Page 8 of 18 replied she advocated for qualified board and commission members who provided a diverse representation of the community and that 50 percent of the members be female. • Cameron lizuka, 668 4th Street Ms. lizuka said she served as one of two youth members on the Parks, Recreation, and Natural Resources Advisory Board. She also wanted to address the misrepresentation of women in the community. The City's most important committee should represent Lake Oswego as a whole, so she was shocked by the recent nominations for the Lake Oswego Budget Committee as there were no females. That condoned gender inequality by creating a committee that excluded a group making up 53 percent of the population. Should future lawsuits occur, it would be difficult to defend the position of the Budget Committee based on a decision that favored men over women. When women participated in politics, there were tangible gains for democracy, greater responsiveness to citizen needs and requests, increased cooperation across party and ethnic lines, and a more sustainable future. The community was the strongest when leaders represent the entire community, not just the agendas of a select few. Councilor O'Neill asked about applicants who were trying to get on the Budget Committee because they had an agenda. She was asking the Council to appoint an individual to the committee so that individual could essentially check a box and run for office at a later date. Ms. lizuka clarified that agendas were acceptable when equal representation existed on committees and boards. Given the current citizen representation on the Budget Committee, only the agendas of male citizens would exist. Councilor O'Neill asked if Ms. lizuka thought males on the Budget Committee did not believe women were important. Ms. lizuka replied an all-male board would shut out the ideas of some citizens who could have been appointed and have one agenda representing the entire gender rather than having females to create a more inclusive environment for ideas. Mayor Studebaker noted a number of female members had served on the Budget Committee, adding that Dr. Fireside was currently an alternate and would likely be on the Budget Committee because some members had resigned. Councilor Nguyen asked what questions were being asked to identify when an applicant had an agenda, noting it was a topic for a later discussion. He believed everyone had agendas, goals, and priorities, which did not need to be a negative thing. Ms. lizuka clarified she did not view agendas negatively, because everyone had reasons for being involved on community boards. However, having a committee that saw only the citizen ideas and agendas of males limited the possibilities for change. Mayor Studebaker believed most everyone wanted to have the most-qualified people serve regardless of gender. • Natalie Bennon, 438 Ash Street Ms. Bennon stated she was on the Parks Board and thanked the Council for considering a flat rate renewal of the Parks Recreation and Natural Areas Bond to generate $30 million, as it would keep up with inflation, rising construction costs, and maintaining and improving the investment in parks. Lowering the rate like in the last bond would result in falling behind every year. In a recent voter survey, 86 percent supported a renewal of the bond at the existing level, which would generate $22 million over time, so she was frustrated when the question about a modest change and a flat millage rate was removed, as now it was unknown how many voters would support that, but she believed it would be many. The survey conducted by Mike Riley was unnecessarily questioned by some because he was a respected researcher, and used standard political survey methodology. The Parks Board deemed the most important priority was a home for the Parks and Recreation Department, which they did not currently have. They also prioritized investing in expansion of natural areas. At this time, they did not support City funding for a pool, and would discourage any bond monies from being used for projects to maintain City Council Regular Meeting Minutes February 19, 2019 Page 9 of 18 existing facilities. Councilor Manz asked if a bond was feasible in the near future if a higher millage rate was not used. Ms. Bennon replied the support for the bond renewal at the existing rate was overwhelming, so there was no need to delay it. It was feasible to choose the .24 cent millage rate and return later with a well-thought-out pool project if the City were to partner with the school district. • Jeffery Sun, 4727 Avery Lane Mr. Sun spoke to the Council regarding Mr. Buck's column in the Lake Oswego Review. It was disheartening the Council did not use the Budget Committee appointments to follow through with the newly appointed mission of diversity and inclusion, and at least one woman should serve or be appointed on the most important citizen committee. Council should embrace multiple backgrounds and perspectives rather than imposing identical viewpoints. The youth should grow up in community where citizen leaders reflect the entire community. He encouraged Council to reconsider appointments to the Budget Committee and prioritize representation of all residents. 6. PROCLAMATION 6.1 Hunger Fighters Oregon Month Proclamation Mayor Studebaker declared March Hunger Fighters month and thanked Mr. Murray for his work on the program. 7. COUNCIL BUSINESS 7.1 Enactment of Ordinance 2803, amending the Community Development Code in the Lake Grove Village Center and West Lake Grove Overlay Districts, and finalizing the City Council's tentative decision made following the public hearing on February 5, 2019. An Ordinance of the Lake Oswego City Council Amending LOC Chapter 50 (Community Development Code) for the Purpose of Correcting Tree Terminology in the West Lake Grove Design District (WLG); Amending Tree Mitigation Rates and Establishing Incentives for Tree Preservation in the WLG and Lake Grove Village Center Overlay (LGVC); Clarifying that Certain Design Standards in the LGVC do not Apply to Single-Family, Duplex and Townhome Development, and Adopting Findings (LU 18-0059). Report and Attachment Mayor Studebaker moved to adopt Ordinance 2803. Councilor Wendland seconded the motion. Councilor Kohlhoff stated she would vote for this Ordinance because of the equality issue. Although she was taken aback by testimony asking for equality in the Code throughout the city, which she believed was fair, she also believed the original plan was reasonable. She did not believe the trees came out well in the argument made during testimony. City Council Regular Meeting Minutes February 19, 2019 Page 10 of 18 A voice vote was taken, and the motion passed with Mayor Studebaker, Theresa Kohlhoff, Jackie Manz, Skip O'Neill, John LaMotte, Daniel Nguyen, and John Wendland voting 'aye.' (7-0) 7.2 Resolution 19-09, A Resolution of the City Councilors of the City of Lake Oswego Approving Appointments to the Planning Commission Report and Attachment Councilor LaMotte moved to approve Resolution 19-09. Councilor Manz seconded the motion. A voice vote was taken, and the motion passed with Theresa Kohlhoff, Jackie Manz, Skip O'Neill, John LaMotte, Daniel Nguyen, and John Wendland voting 'aye.' (6-0) 7.3 Resolution 19-06, A Resolution of the City Council of the City of Lake Oswego Making Appointments to the Budget Committee Report and Attachment Mayor Studebaker moved to approve Resolution 19-06. Councilor Nguyen countered with a motion to not approve the resolution. Mayor Studebaker stated a second to the first motion was required. Councilor O'Neill seconded the initial motion. Councilor Nguyen stated that he and the community questioned the process City Council used to select committee appointments. What was the City doing to ensure the selection process was legally compliant? Not having a process that recorded interviews and used standardized questions was problematic. Another suggestion was to have 50 percent of the City's commissions be women. What would it look like to have an equal representation of the population? He had thought very strong finance experience was needed for the Budget Committee, but no specific criteria were required. He had many concerns and wanted an opportunity to set things right. Making changes was hard and uncomfortable. The most dangerous forms of discrimination and exclusion were often unintentional. Council had the opportunity to set a different agenda. He suggested redoing the appointment process for the Budget Committee, or he would move to appoint Dr. Fireside to the Budget Committee. He looked at all of the applications and believed she was as qualified or more so than the other applicants. Councilor Kohlhoff assured this was not personal to Councilor Wendland, the Mayor, or the other person interviewing Budget Committee applicants. However, she believed a pattern existed where women were not appointed to the Budget Committee. One woman who was a CPA had been removed leaving no women on the Committee. She noted that she did distinguish between women councilors and women appointees. She agreed committee members must be qualified, but questioned what constituted qualification and asked why Dr. Fireside was not considered to be as qualified as someone else. The best-qualified people come in all genders, and she did not believe men could express the types of priorities held by women. She would have to oppose passing the resolution and preferred to redo the interviews based on concerns expressed at this meeting. City Council Regular Meeting Minutes February 19, 2019 Page 11 of 18 Councilor Manz spoke as a former Budget Committee member who was removed because of an agenda and later reappointed. Removing politics from the equation by using the right standardized questions and changing how people were appointed to City commissions might help reduce bias and agenda. Because selection committees only had about 15 minutes to make a decision about a candidate, often qualified people could be passed over. She did not understand way very women applied for and were appointed to the Budget Committee. Because of the issues raised today, she believed the interviews should be redone with an audio recording. Councilor LaMotte believed Council was at a crossroads to begin rethinking the process. He confirmed that in 2019, the application process would be revised and suggested tabling the resolution to allow the revised procedures to be implemented. Mr. Lazenby clarified that the Budget Committee was specified by state law and must be fully established before the upcoming budget process. Mr. Powell explained all seven members should be appointed before any Budget Committee public hearings and before any Committee decisions were made. Councilor LaMotte ascertained that not enough time existed to implement a new system before Budget Committee meetings would begin. Councilor Wendland noted the entire Council unanimously supported a goal of achieving diversity and equity, and they were excited about the upcoming work. He was comfortable with the current process but would support changes. During his time in public office, he always looked for the most qualified person who would serve in the best. His record showed he had appointed men, women, people of color, and anyone he interviewed had an equal chance to be appointed. He noted some City committees were well-represented by women, but he agreed too many men served on the Budget Committee. He described the process used in the Budget Committee interviews, noting the Mayor was clear that appointments were based on qualifications first. The City's practice was to reappoint members who had volunteered and served well. He did not support not reappointing a serving committee member in order to achieve more diversity. He did support having specific criteria for the committee member selection process, which could be developed by diversity and equity committee prior to the next appointments. He agreed the process needed further consideration but he respected the current process, the City's many highly-qualified volunteers, and those who already interviewed for the Budget Committee. The number of qualified candidates made selection challenging but he did not support re-interviewing the applicants. He trusted and respected the work of his fellow Councilors who conducted interviews and made selections. Doing revisionist work hurt the process and those who applied for the positions. Councilor Manz pointed out three women had served on the Budget Committee for one term. She affirmed her trust in the interview committee's judgment. She encouraged a Council discussion to determine what selection criteria should be used moving forward. Being removed as a seated member of a board was annoying and she struggled with the idea of removing an appointee. Perhaps the system was flawed, but she did not know how to go forward, especially because no tape of the interviews existed. Councilor Wendland confirmed many applicants had a lot of experience and qualifications, but not every applicant was qualified to serve on the Budget Committee. Councilor Kohlhoff stated the current process was deficient without a recording. She would retain the existing process, but the interviews should be conducted again. City Council Regular Meeting Minutes February 19, 2019 Page 12 of 18 Councilor Kohlhoff moved to amend the initial motion to allow for redoing the Budget Committee interviews. The motion died for lack of a second. Mayor Studebaker countered with his preference to proceed on the original amendment. Councilor LaMotte suggested moving forward with these appointments and adding Melissa Fireside as a full additional member. Mr. Powell clarified that adding an additional Budget Committee member was not an option and that a Councilor could not step down to allow another citizen on the Committee. Councilor Nguyen reiterated the issue was not personal, but there was a problem with this particular process. If the process continued with the same pool of candidates, it was important to ask the same questions and have a recording. He reiterated his concern about potential lawsuits concerning race or gender discrimination, and not having any standardized questions and no recording of the interviews. Councilor Wendland stated the interview questions were standardized and the same questions were asked of all candidates. A written record of the questions existed as well. Councilor Nguyen stated he had asked for the written interview questions but was given recommended, optional questions. Ms. Simpson clarified she had sent what the Finance Staff had used as recommended questions, but she could not confirm whether those questions were used. Councilor Manz asked if the interviews were redone and recorded with the same questions, and the outcome was the same, would Council appoint who was selected. Mayor Studebaker responded that was something to think about and restated the main motion to appoint the Budget Committee members as listed. Mr. Powell confirmed the entire Council, including the Mayor, would vote on appointing Budget Committee members, adding that the process was different for other committee appointments. Councilor LaMotte moved to amend the main motion to switch a Budget Committee appointee to an alternate position, so that Melissa Fireside could be appointed. Mayor Studebaker stated Councilor LaMotte would need to name the appointee he wished to replace. Councilor LaMotte replied he could not do that because he did not talk with them, nor had he seen their resumes. The motion died for lack of a second. Councilor Nguyen moved to amend the main motion to redo the interviews with the same candidates that had applied previously with recording and documentation. Mayor Studebaker pointed out that Councilor Kohlhoff had already made that motion and it died for lack of a second. Mr. Powell stated he was unsure that a motion that died for lack of a second could not be made again. Councilor Kohlhoff seconded. Councilor Wendland said he stood by the initial process and expressed concern about redoing the interviews and appointments. He assured there was no intention to have a non-diverse or a City Council Regular Meeting Minutes February 19, 2019 Page 13 of 18 diverse selection and reiterated that appointments were based on the quality of the candidates that interviewed. Some had not just specific budget knowledge of how cities worked, but also a comprehension of organized, complex organizations like cities and budgeting with respect to state and county funding, etc. that were presented in many answers to the questions. Some candidates rose to a higher level of preparation, dialogue, and discussion when answering the questions. He questioned whether recommendations would be subject to scrutiny each time Councilors did not agree with appointment recommendations. If so, all seven Councilors needed to interviewing candidates. In this world of expediency and process, he agreed one only had about 15 minutes with candidates and make the best decision possible. There would be ample opportunity to change policy and direction, and also to personally recruit more people. No equity lens was used in this selection process, which could be a consideration in the future. He believes qualifications should be first and supported adding additional criteria or metrics in future selections. Ms. Simpson restated the amendment to the main motion. A roll call vote was held, and the motion failed with Theresa Kohlhoff, Jackie Manz, and Daniel Nguyen voting `aye.' Mayor Studebaker, Skip O'Neill, John LaMotte, and John Wendland voted 'no.' (3-4) Mayor Studebaker called for a vote on the original motion. A roll call vote was held, and the motion passed with Mayor Studebaker, Skip O'Neill, John LaMotte, and John Wendland voting `aye.' Theresa Kohlhoff, Jackie Manz, and Daniel Nguyen voted 'no.' (4-3) 7.4 2019 Council Goals Report and Attachment Mayor Studebaker moved to adopt the goals listed in Item 7.4. Councilor LaMotte seconded the motion. Councilor Manz noted Senate Bill 561, which was supported by the LOC, would reduce the amount of matching funds cities must provide for the Safe Routes to School program Councilor Kohlhoff requested that the word `adopt' be replaced with `explore' under the Smart City Strategy item in case the municipal broadband strategy proved to be very good. The Council supported the change. A voice vote was taken, and the motion, as amended by Councilor Kohlhoff, passed with Mayor Studebaker, Theresa Kohlhoff, Jackie Manz, Skip O'Neill, John LaMotte, Daniel Nguyen, and John Wendland voting `aye.' (7-0) 7.5 Resolution 19-10, A Resolution of the City Councilors of the City of Lake Oswego Approving Establishment of, Appointments to, and the Duties of, an Ad Hoc Diversity, Equity, and Inclusion City Council Subcommittee Report and Attachment City Council Regular Meeting Minutes February 19, 2019 Page 14 of 18 Mayor Studebaker announced that Council members appointed to the ad hoc committee would be Councilors Manz, Kohlhoff, and Nguyen and himself. Councilor Manz moved to adopt Resolution 19-10. Councilor Wendland seconded. Mr. Powell explained this internal subcommittee would be charged with deliberating the duties of the task force, establishing a process to recruit its members, and making recommendations about process to City Council; it would not be recommending committee members. With a quorum of Council members, the meetings would be public meetings, but as a subcommittee, the meeting would not be advertised as a City Council meeting. A voice vote was taken, and the motion passed with Mayor Kent Studebaker, Theresa Kohlhoff, Jackie Manz, Skip O'Neill, John LaMotte, Daniel Nguyen, and John Wendland voting 'aye.' (7-0) 7.6 Resolution 19-08, A Resolution of the Lake Oswego City Council Submitting to the Voters at the May 21, 2019 Election a Measure Authorizing Issuance of General Obligation Bonds, in an Amount not to Exceed $ Million, for Acquisition of Real Property for Open Space and Parks, and for Renovation, Replacement, or Development of Park and Recreation Facilities Report and Attachments Mr. Lazenby noted the Parks 2025 Plan reference had been removed per the Council's request. The calculations indicated the millage rate per $1,000 would not go above 24 cents and, with a spurt of development, the rate might be a little less. He clarified the bond could not legally be described as a renewal; the rate was simply designed to not exceed the current rate for the bonds. If the $22 million was done as serial bonds, the individual's tax rate would drop off from the initial .24 cents per $1,000. As citizens, supporters could describe the bond as a renewal in a Voters' Pamphlet statement. Councilor LaMotte confirmed $22 million at .24 cents would decline over time and the .24 cent rate would stay level for the life of the bond and provide $30 million due to increases in assessed valuation, annexations, etc. Councilor Manz stated she initially favored the $22 million, but after talking with many citizens, and recognizing the need and the opportunity to keep the rate close to .24 cents, which could still decline with continued development, she now advocated for the $30 million. Councilor Nguyen asked if term "continuation" could be used. Mr. Powell clarified the importance of being factually accurate in the official ballot statement. As mentioned however,-pro or con statements, which were not official statements by the City, could say it is was essentially a renewal or continuation. Mr. Anderholm noted the language in Portland Community College's bond statement referenced the tax rate as being at the same rate taxpayers were currently being taxed. Councilor Wendland noted the $30 million proposal would be even with the previous $22 million bond and suggested emphasizing that taxes would not increase, but the noted project goals would be achieved. With an 85 percent approval rating, citizens would approve it. The language did not need to be complicated. City Council Regular Meeting Minutes February 19, 2019 Page 15 of 18 Mayor Studebaker clarified that although the rate would stay the same, taxes would increase because assessed valuations would increase. He was concerned that citizens would be unhappy about the increase to $30 million in addition to other bonds coming before them. Councilor Wendland agreed it was correct to say taxes increased 3 percent every year regardless of Council's actions, but he believed with 85 percent of the citizens in support with no specific dollar amount mentioned, the bond measure would be supported. Councilor Manz expressed belief that funds dedicated to City park projects, the bond would find support. Councilor LaMotte concurred that the proposal was the right approach to address park needs. Councilor LaMotte moved to approve Resolution 19-08, at a $30 million target with the levy of .24 for park and recreation, open space and natural resources. Councilor Nguyen seconded the motion. A voice vote was held, and the motion passed with Theresa Kohlhoff, Jackie Manz, Skip O'Neill, John LaMotte, Daniel Nguyen, and John Wendland voting `aye.' Mayor Kent Studebaker voted `no.' (6-1) 7.7 Purchase of 425 Furnace Street Property Report and Attachments Mr. Lazenby noted the ultimate goal of the property purchase was to secure a public access easement to help complete the pathway connection along the Willamette River and he expressed appreciation for the property owner's offer of the first right of refusal to the City. Councilor Wendland moved to approve a purchase agreement for property at 425 Furnace Street. Councilor Manz seconded the motion. Councilor Wendland applauded Staff for the purchase agreement and fiscally conservative approach. A voice vote was taken, and the motion passed with Mayor Studebaker, Theresa Kohlhoff, Jackie Manz, Skip O'Neill, John LaMotte, Daniel Nguyen, and John Wendland voting `aye.' (7-0) 7.8 Resolution 19-11, A Resolution of the Lake Oswego City Council Referring to the Electors of the City, at the May 21, 2019, Election, a Measure Amending Subsection 20.B.3 of Chapter V of the Lake Oswego Charter Relating to City Manager Budget Submissions Report and Attachment Mr. Lazenby stated the key policy issue was allowing a return to a biennial budget, which was favored by Staff. The change would allow mid-cycle reviews and fine tuning as necessary, would save Staff time, and facilitate long-range planning. Staff was in the process of preparing a biennial budget for the current budget cycle, which could be changed to a single year if Council was uncomfortable with the change. Regarding legal issues, the charter's language describing the city manager's duties included annually preparing a budget and did not explicitly prohibit a biennial budget. A language change would clarify the options. A city manager would continue to come to Council mid-cycle to review the biennial budget and propose amendments. The proposed measure would not require a single approach but would allow the option for an annual City Council Regular Meeting Minutes February 19, 2019 Page 16 of 18 or biennial. He outlined options for referring the amendment to the voters, noting the charter amendment could be placed on the May ballot at Council direction. Councilor Kohlhoff expressed concerns about what a new city manager might want, and did not support the resolution. Mr. Lazenby clarified the resolution would not require a biennial budget, but rather provide it as one option. Councilor Nguyen also preferred deferring to the new manager and asked if any problems would exist in waiting to do so. As city manager until June 2019, Mr. Lazenby recommended submitting a biennial budget, reiterating this could be changed by a new manager going forward. Reasoning that professional Staff preferred the biennial option, and that the new city manager would have the flexibility to do an annual budget, Councilor LaMotte supported the change. Councilor Wendland noted that Council could submit annual budget changes, supporting the biennial option as a best practice. Mr. Lazenby restated the advantages, adding that many city councils preferred this method and that many surrounding cities have gone to a biennial budget. In response to Councilor Manz's question about what might happen if the charter amendment was not approved in May, Mr. Lazenby clarified the charter stated the city manager had to come before Council each year with a budget. The biennial budget would still exist, but another budget would have to be submitted the following year. Mayor Studebaker moved to approve Resolution 19-11. Councilor O'Neill seconded the motion. A voice vote was held, and the motion passed with Mayor Studebaker, Jackie Manz, Skip O'Neill, John LaMotte, Daniel Nguyen, and John Wendland voting 'aye.' Theresa Kohlhoff voted 'no.' (6-1) 8. INFORMATION FROM COUNCIL No information was given. The Council took a break between 6:16 p.m. and 6:27 p.m. 9. REPORTS OF OFFICERS Foothills White Paper Mountain Park Broadband White Paper Councilor Kohlhoff expressed concerns about the Public Private Partnership (P3) model outlined in the Foothills White Paper (Page 2), noting the problems Wilsonville had experienced with its waste water and water treatment contracts which required additional experts over two years that resulted in a 300 page contract. She expressed concern with not have numbers, making it difficult to exercise judgement on the project. She enumerated her other concerns with the issues presented in the report, which included a timeline that did not make sense and the floodplain issue that was intricately tied to federal funds for the streetcar. She did not want the City to have a Request for Qualifications (RFQ) based on what had been projected in this information. Councilor Wendland recommended having a Council study session on Foothills noting the May interim intergovernmental agreement (IGA) with the City of Portland was coming up quickly. City Council Regular Meeting Minutes February 19, 2019 Page 17 of 18 Mr. Lazenby explained the challenge was asking Portland to wait too long to proceed with the 15-acre system. The RFQ was 74 pages long and a national expert in P3 processes had consulted on the matter. The issues raised were not new and the white paper was intended to provide the background information. Mayor Studebaker asked about information provided by the City of Portland, which addressed cost questions determined in the 30 percent design stage. Mr. Lazenby clarified that was why the P3 process was proposed, adding that no City money would be spent to get to 30 percent design approval. He and Councilors agreed to a study session addressing Council concerns and discussing the Foothills District in general. Mr. Lazenby stated the goal with any treatment plant changes was that Lake Oswego and Portland rate payers would be held harmless. He noted no numbers were included in his report because there was no proposal yet. The benchmark was being developed from projections both cities had done on the cost of the upgrades. Councilor LaMotte confirmed Staff had been clear on the goal that any new technology, plan, or process would not be overburdening and even potentially save money in the future. Councilor Wendland requested and Mr. Lazenby agreed to a walking tour of the area following a future Foothills study session. Mayor Studebaker confirmed that Staff would seek Council's direction before investing much time in the Mountain Park Broadband issue. Mr. Lazenby stated the next step was to survey the citizens on their preference, which would take just a few hours of Staff time. Councilor O'Neill requested a future update from CenturyLink on the fiber project. 10. EXECUTIVE SESSION: Under authority of ORS 192.660(2)(e) to conduct deliberations with persons designated to negotiate real property transactions. Mr. Powell provided the statutory basis for the executive session. The City Council met in executive session from 6:48 p.m. to 7:27 p.m. 11. ADJOURNMENT Mayor Studebaker adjourned the meeting at 7:28 p.m. Respectfully submitted, APPROVED BY THE CITY COUNCIL: 0,A4A/K.)/1� Anne-Marie Simpson, City Recorder ON )10AL I Z, 2-01`) CU. i o 1 , Kent Studebaker, Mayor City Council Regular Meeting Minutes February 19, 2019 Page 18 of 18