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Agenda Packet - 2001-04-09 Special � � � ♦ � � � o � �� e 5 ' ��11� . � � CITY COUNCIL INFORMATION SESSION Monday, April 2&= 4:00 P.M. Council Chambers (5:15 p.m. - move to HR Conference Room) City Hall 380 A Avenue Judie Hammerslad...blm,or AGE141DA Jack 11off itan, Council President Ellie MCPeak Clav Graham Also published on the internet at: ci.oswego.or.us Karl Rohde Contact: Robvn Christie, City Recorder Pill Schoen E -Mail: pu6c_affairs@ci.oswego,or.us John Turchi Phone: (503) 675-3984 This meeting is in a handicapped accessible location. For any special accommodations, please contact Public Affairs, (503) 635-0236, 48 hours before the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. INFORMATION SESSION 3.1 Updated East End Plan (George Crandall, Crandall Arambula) 3.2 Trolley Overview ............................ ............................................................ 1 3.3 Annexation Issues/Measurc 7..................................................................23 3.4 Public Record Law...................................................................................37 3..5 Youth Council/Board and Commission Appointment Process 3.6 Council Corner 3.7 Asset Builders Coalition 4. ADJOURNMENT City ('ouncil InfOrmatiou Session April 9, 2001 i'age I of, I Draft Mccong Agcncla Lake Oswego East End Redevelopment Plan City Council Chambers 4:00 PM April 9, 2001 1. Introduction Discussion 5 min ■ Team members ■ Meeting objectives 2. Presentation PowerPoint 15 min ■ Crandall Arambula ■ Project schedule and scope of work 3. Questions Discussion ? ■ What are your individual issues? ■ What are your two top priority issues? 4. [text Meeting Handout 1 min ■ Purpose ■ -rime W EAST END REDEVELOPMENT PLAN SCHEDULE (Draft) 4/00101 MONTH PLAN CONCEPT A I M J i J I A 5 0 N D 1) Starting • Develop Project Objectives ■ Review Previous Studies • Inventory Existing Conditions ■ Identify Opportunities & Constraints Product: • Project Objectives Checklist 21 Area -wide Framework Plan • Develop Alternative Plans • Evaluate Plans • Select Preferred Framework Plan Products: • Framework Plan Alternatives • Preferred Framework Plan ---� 3) Project Plans • Develop Alternative Project Plans • Evaluate Plans • Select Preferred Project Plans Products • Alternative Project Plans • Preferred Project Plans 4) Implementation Outline • Develop Outline Implementation Program • Finalize Implementation Program Product: ■ Outline Implementation Program 5) Public Participation - LORA Meetings R 3view Selec Sele rt ork Prefe ed Preferred P ograrn Fram work Pian velolr S udy IMPLEMENTATION PLAN bjecti,res CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY MEETING DATE: April 9, 2001 SUBJECT: Willamette Shore Rail Line RECOMMENDED MOTION: None. This item is for information only. EST. FISCAL ATTACHMENTS: NOTICED (Date): IMPACT: • Schoening PowerPoint presentation STAFF COST: $ Ordinance no.: BUDGETED: Y N Resolution no.:_ FUNDING SOURCE: Previous Council consideration: CITY ATTORNEY ASST. CITY MANAGER CITY YKNAGER signoff/date signoff/date signoff/ ate i'IN:INCU\DATA\HOMES\COMAION\Council\Iteport Cover.doc �� -,_ y i " i'� �l flF . . , . ... . ,. _ �. _ :�, 4� �� . . _ . .. �� - �.. , . `�.. .,._ .. � .. �".�� ...:., '7.._� . � .'.�� .. � �,.�. ..� - ;.�;y ' :-, 1. � :�a-ut�i{ 'f�o�Mlr�y� E�c��nsion J. ,: � - . , , . .♦� � � , .. �t'.� ,�. ��:.r^"� ./'. �, 'a / {t� ��/� l,•� , .. . �� ,. ;,; . �` � .-.. . `� � ,. . _ �. . _ .. �. . ., � � � .I I '" J'� , . ' .. _ . . . . . . ; ' . .. — . . , i.:- . . �.. .. .< ,. � ' - � . .. " , ' .f� ,. . . , . . . , . _' .. . , .. . . ,"�. �.y. _-,. .. . .. . . . 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"` Tire Mot $-X0,040 X132 To#ai $973932 i� 4 1 � _ 4 ., r � �� '�.ot,hit�� Roa�d �Desi n t . �� . . � , . , : , ,.. , . , . , .. ; . � _ ' -;��#�rict :�:, �'t'a�i1 � �ei�iNc��, . � �� _ � : � � . � . , � �► � , � . , , . _ `_ , 11,� �� , �� ie� — : �i�� , a ��F-� ►� � ; _ .� ,�, �, .. ,, /// � ..�� - �... . � � .a -- �� _ �:.�� - � � . , , °�`i, ; ; i � �' : _ ` � � � _ . , � -e�, ,. , �� —' - ��roposed�.�T;roll�y, S�t�`tio►t�� `�� " -:��n�provr��ments � � �;� � �� ,. . � . . �. , " . . , . .i � �. e. -/ ,. ' : . ��' ,7..I. . :}Yj f� 7 I' ..y.. �'t< � �i M �I j 1 4r.t, �� - , ��- ,, a;w 4 , �. � � �t � � �' � � � � � - " � � _ � _ �� u Kaying right on track. \011TU1N0 -486, a station in Lake Oswego\_ mas:-=- acquired and refurbished. .�.„,.. 7l. SI.IN ssY-: platforms have at several locations, z :sass have been made l= -,--sties and track. New --.ends the line to Riverplace ..:i, and to State Street _:a ` Oswego. And in 1998, ir,M -v.•a-track car barn was _- in lake Oswego W a sheltered home for i�.:s .)nc cars that run on the line. P'.rPI... 76.11.. IyCr' 0 l.x. O.w'.rPu tlt<.9 O.P^I lT le x.a oMu.Orn .noel I his historic route traces the scenic shoreline of the beautiful ti Willamette River Friends of the Wiliarnette Shore Railway C) Friends of the Wiliarnette Shore Railway ri The charming history of the Willamette Shore Railway. f • • • • ! • • • • O R R • • • M • • N ! • N Y • • A M • A, f • Y • ! • ! • N O N . P C • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Since 1888, the Willamette Shore Railway has traveled along the scenic Willamette River between Portland and Lake Oswego, a distance of about seven miles. Built over one hundred years ago, the railway was operated by Southern Pacific as a passenger and freight line until 1984. During the 1920's the line was electrified and heavily used by commuter trains. A consortium of local govern- ments purchased the line in 1988 to preserve it for future use as part of the region's expanding rail transit system. The right-of-way must be used for rail purposes or it could be deemed legally abandoned and thus lost to future use. A trolley service operated by a private contractor preserves the right-of-way until it can be integrated into the regional rail system. The trolley service also offers sightseeing with unique views of the gorgeous Willamette River shoreline. Friends of the Willamette Shore Railway. The Friends of the Willamette Shore Railway is a non-profit corporation founded in 1986. Its purpose is to preserve the right-of-way and develop the rail line as part of our regional transportation system. The Friends have encouraged the consortium to make repairs and improve- ments to the line; sponsored the construction of the Riverplace station and track extension, and are working with the community and local governments to explore creative options for the line's future use.an WWI, Engineered for fun. In 1987 the Oregon Electric Railway Historical Society began providing recreational trolley service on the line. This service, using historic trolleys, staffed by volunteers, has become a popular attraction. Service is provided most days during the summer months and on weekends for the remainder of the year. The service is financed solely from fare revenue. Private charters are available on request. For trolley information and schedules, call 503-222-2226. Preserving transit options for our future. Much remains to be done. The Friends' immediate priorities are preservation of the right-of-way and operation of rail service. Meanwhile. a number of interim improvements, such as a new station in Lake Oswego and construction of a mid -point passing track are in planning stages. Public discussion of the long-term future of the line continues. Portland's new streetcar system may connect with the Willamette Shore Railway, providing a rail route from Lake Oswego to Portland for the first time in 70 years. Why your help is so vital. You can help preserve this rail line, and plan for its future, by becoming a member of the Friends of the Willamette Shore Railway. Just fill in the attached membership form and mail it along with your check to P.O. Box 368, Lake Oswego, OR 970.'A. Join today as a Sustaining Member and receive your free Engineers Hatt (please allow 6-8 weeks for delivery) Members also receive our newsletter, and other updates on the Railway's progress. The Willamette Shore Railway Assn. is an all -volunteer 501(c) 3 non-profit organization. Individual $25 — Family $35 — Student/Senior — Institution $60 _Sustaining $100 — Life $500 — NAME ADDRESS CITY STATE ZIP PHONE (work) PHONE (home) FAX E Mail U CHECK ENCLOSED, Payable to The Willamette Shore Railway Assn. MC/VISA ACCOUNT NUMBER EXPIRATION DATE SIGNATURE Send application and remittance to: Willamette Shore Railway Association P.O. Box 368, Lake Oswego, OR 97034 email: wsrail@lake-oswego.com or call (503) 636-3634 Yes f want to help, umd me info matiun on how I can participate: Assist with work on the line Assist in running the Friends group Portland's new streetcar system may connect with the Friends of the Willamette Shore Railway. providing a rail alternative from Willamette Shore Railway Lake Oswego to Portland for the first time in 70 years. CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY MEETING DATE: April 9, 2001 SUBJECT: Annexation FST. FISCAL. IMPACT: STAFF COST: $0 BUDGETED: 1' N FUNDING SOURCE: --1 CITY ATTORNEY Signoffdatc HES0\1-pt.coV99.d0e ATTACHMENTS: • Council Report dated April 5, 2001 by David Powell, City Attorney • Memorandum from Councilor Jack Hoffman ASST. CI'I'1' MANAGER Signoffidatc NOTICED (Date): Ordinance no.: Resolution no.: Previous Council consideration: CITY MANAGER Signoffidate City Attorney's Office Fo: Judie Hammerstad, Mayor Members of Lake Oswego City Council Doug Schmitz, City Manager From: David D. Powell, City Attorney .Cis_ Date: April S, 2001 Subject: Annexation ANNEXATION AUTHORITY Couqcii Report Historically cities have been considered political subdivisions of the state, with the state legislature having complete power to establish the parameters of municipal authority. This was true in Oregon until 1906, when the state constitution was amended to establish the right of local "home rule."I However, the "home rule" provisions of the constitution only give citizens of a city the authority to enact legislation governing themsel%es (intramural powers). Home rule charters cannot give cities authority to act outside their municipal boundaries (extramural powers). Such extramural authority can only be granted by the state. Annexation (the act of bringing unincorporated territory within the city's corporate boundaries) is an exercise of extramural authority, requiring authorization by the state lcgislaturc. STATE LAW The state legislature has granted cities the authority to annex contiguous unincorporated property in the following circumstances: By election Vote of residents in the territory to be annexed plus a vote of the residents of the city (votes must not be more than 12 months apart). :o- Vote only of the residents in the territory to be annexed. A vote of city residents is not necessary if the city charter does not require it. However, the city must hold ' Article iV, section 1(5); Article \l. section 2. ;; J Council Report Annexation April 5, 2001 Page 2 a public hearing allowing city residents to be heard oil the question of the annexation. Consensual annexations (no election) ➢ Consent of all property owners and not less than 50% of electors (registered voters) within the territory to be annexed. ➢ Consent of a majority of electors plus the owners of more than half the land in the territon, to be annexed (if certain deadlines are met). Non-consensual annexations (no election) r The Health Division determines that annexation is necessary to avoid a danger to the public (usually involves the need for sanitary sewer connections). The territory to be annexed is an "island" (completely surrounded by the city, or surrounded by the city and a body of water.) CHARTER The Lake Oswego City Charter requires a city-wide election in order to annex any property in the Stafford Basin that is outside the July 1, 1998 Urban Service Boundary and Urban Growth Boundary. An exception to the, election requirement is made for those properties in the area that were designated by Metro as "First Tier Urban Reserve Areas" in 1997. COMPREHENSIVE PLAN Goal 14 (Urbanization) of the Lake Oswego Comprehensive Plan includes a number of regulatory policies relating to annexations: 10. The urban services boundary (comprehensive plan map) is Lake Oswego's ultimate growth area within which the city shall be the eventual provider of the tl►II range of urban services. 1 f . Unincorporated property shall be required to annex prior to the receipt of' City sanitary sewer service. City water service to unincorporated properties shall require prior annexation or execution of a consent for future annexation. In no case will a consent for future annexation be accepted where immediate annexation is feasible. 96 PW Council Report Annexation April 5, 2001 Page 3 12. Lake Oswego shall initiate island annexations to: (a) Create Logical city boundaries; (b) Provide economic and efficient provision of city services to existing and proposed development within the subject area, and to adjacent land; and (c) Equitably distribute costs for those city services enjoyed by residents of island areas. 13. Ensure that annexation of new territory or expansion of' Lakc Oswego's Urban Service Boundary does not: (a) Detract from the City's ability to provide services to existing residents; and (b) Result in property owners paying for urban services which do not benefit them. 14. Prior to the annexation of non -island properties, the City shall ensure urban set -vices are available and adequate to serve the subject property, or will be made available in a timely manner by the City or a developer, commensurate with the scale of the proposed development. Urban Services consist of water, sanitary sewer, surface water management, police and fire protection, parks, and transportation including: streets, transit, pedestrian and bicycle facilities. 15. The City shall, to the: extent permitted by law, enter into and maintain intergovernmental agreements with any provider of sanitary sewer or water service within the Urban services Boundary, to require annexation agreements for unincorporated lands which require either service. 21. The City shall require annexation, prior to review of development permits, of unincorporated property proposed for development which requires City sewer or water facilities. DISCRETIONARY POLICY DECISION The decision whether to annex property to the city is generally a policy choice within the discretion of the City Council. However, the Council must also determine whether the proposed annexation meets the requirements of state law, the city charter and the comprehensive plan. PROCEDURE: liccause the}' involve application of the policies of the comprehensive plan, annexation hearings are land use proceedings. The .uuncxation of a single or small group of properties is it quast- ('ouncil Report Annexation .April 5, 2001 Page 4 iieclicial matter, requiring Council members to avoid ex parte contacts, bias, and conflicts of interest. Annexation proceedings are conducted in the same mariner as other land use hearings, except that the Council conducts the first (and only) evidentiary hearing, rather than reviewing a record created by the Development Review Commission or Planning Commission. Dunn Carney Allen Higgins & Tongue LLP Attorneys at Law M=oiwdum1W6 , WW"6AWW .�ilk'�Lr�Yl rtil�&VuuuW iiur+ii,I�WrWlliii� To From Re Mayor Hammerstad and the Lake Oswego Date : April 5, 2001 City Counsel Jack D. Hoffman Annexation File No : LAK13-4 Lake Oswego is not unique in this country in having an annexation policy with respect to contiguous pockets of unincorporated land. Annexation, or the process of adjusting municipal boundaries to bring adjacent unincorporated areas into an existing city is widely used throughout the country. This paper is a compilation of Internet articles, annexation plans and policies from other jurisdictions around the country. WHAT IS ANNEX/,TION? Annexation is a process by which a city can extend its municipal services, regulations, voting privileges and taxing authority to the unincorporated areas adjacent to it. Annexation is a means of ensuring that .residents and businesses, outside a city's corporate limits, who benefit from access to city's facilities and services, share the tax burden associated with constructing and maintaining those facilities and services. Annexing unincorporated areas results in "cleaner" city boundaries that facilitate the providing of municipal services. THE LEGAL FRAMEWORK FOR LAKE OSWEGO. Lake Oswego derives its responsibility to regulate land use from the State of Oregon. Oregon statutes set out requirements for local government to follow and Lake Oswego in turn has adopted its own ordinances in compliance with these statues. Under the Oregon Revised Statutes (ORS) Chapter 197, the city was required to develop an overall long-range plan for land use, called its comprehensive plan. The Lake Oswego comprehensive Plan provides for a full range of land uses, such as open space, residential, commercial, industrial and community services. The Comprehensive Plan map shows specifically where these general types of land uses are to be located. The policies of the comprehensive nlan are in accordance with the state's land use planning goals. Lake Oswego, like other Oregon cities, is authorized to annex territory in order to provide urbanized areas with municipal services and to exercise regulatory authority necessary to protect public health, safety and welfare. Annexations can be initiated either by a city or by I — MEMORANDUM C Nwlndo"nTHMPIJS{ellc copy of New 1DH Mann Re AnneRnda ow dow petition from property owners. ORS 222.750 governs the annexation of unincorporated areas surrounded by territory that is within the city limits, also known as "island annexation." Lake Oswego's Comprehensive Flan specifically provides for annexations. Goal Fourteen, Urbanization, has as an underlying principle the following: " The City shall, in conjunction with adjacent jurisdictions and Metro, control urban sprawl and enhance livability by managing growth in an orderly and efficient manner to establish stable and predictable land use pattern." The goal of Goal Fourteen is as follows: "Lake Oswego shall ensure that the rate, amount, type, location and cost of population growth and development within or outside of the Urban Service Boundary will not diminish the quality of life the City has presently attained." Under this goal, there are four specific policies relating to annexation: 10. The urban services boundary (comprehensive plan map) is Lake Oswego's ultimate growth area within which the city shall be the eventual provider of the full range of urban services. 11. Unincorporated property shall be required to annex prior to the receipt of City sanitary sewer service. City water service to unincorporated properties shall require prior annexation or execution of a consent for future annexation. In no case will a consent for future annexation be accepted where immediate annexation is feasible. 12. Lake Oswego shall initiate island annexations to: (a) Create logical city boundaries; (b) Provide economic and efficient provision of city services to existing and proposed development within the subject area, and to adjacent land; and, (c) Equitably distribute costs for those city services enjoyed by residents of island areas. 13. Ensure that annexation of new territory or expansion of Lake Oswego's Urban Service Boundary does not: 2 — MEMORANDUM (a) Detract from the City's ability to provide services to existing residents, and, C Wondow \TF&MSmic copy of New Intl Memo Re Anneaenon doe 30 (b) Result in property owners paying for urban services which do not benefit them. 18. Lake Oswego shall be responsible for development, coordination and implementation of the Public facility Plan (PFP) for lands within the urban services boundary to ensure predictable and logical provision of urban services to lands within the USB. INVOLUNTARY ANNEXATION IS A CONTROVERSIAL ISSUE. Changes in land use patterns often generate interest and concern in a community. How people feel about annexation depends a lot on whether they live inside or outside of a city. For those who live inside the city limits, they look at the people in the neighborhoods just outside the city limits and observe that those neighbors use the city streets, play in the city parks, shop at the city's businesses, have access to city sewer and city water. Therefore they should be annexed and pay the same property taxes as those who live within the city. On the other hand, those who live in an unincorporated area typically strongly object to being annexed. They dislike change, and do not want to be forced to pay increased property taxes for no perceived value. Annexation proceedings elicit strong emotional reactions from the participants. High levels of tension often dominate the entire process. Annexation battics can be protracted by strong feelings on both sides. Cities and unincorporated areas adamantly support their own perspectives because the decision to annex or not to annex requires one of the parties to lose. And for those outside the city, losing the fight means in their minds, losing their way of life. "Thus is created a conflict between the competing views of municipal governments on one side and individualism on the other. The stakes are high, the emotions are real. ARGUMENTS IN FAVOR ANNEXATION. Those who favor annexation point to the small and large pockets of incorporated land scattered around a city, making the provision of municipal type services to many of these areas both inefficient and expensive. When a city is bordered by an urban area that is not part of the incorporated city, those residents draw upon the services and facilities of the core city and do not pay for all the benefits they receive. The proponents of annexation argue that the city provides a subsidy to the unincorporated areas immediately adjacent to the city. They argue that the fire department provides fire protection at a contractual price, which is less than the actual cost. The police department provides crime protection and prevention to those unincorporated residents working in and using the city. The residents of the unincorporated area use the library, and the library operating expenses allocated to the out of city library users often, and do, exceed revenues collected from them, Non city residents use city parks and recreation programs Unincorporated areas adjacent to cities often benefit in many ways from city parks, recreational facilities, streets, utilities, and Tither facilities and programs, often without contributing a proportionate share of the cost to the city. People who favor annexation claim that it's fair and equitable to annex. 3 — MEMORANDUM C lwindows\TEMP\Swic copy of New J011 Memo Re Ann boom doe j Citizens who live just outside city limits use city streets, shop in the city, sometimes work there and get the benefit of police protection while they are in the city, but don't pay their share of taxes to support the city infrastructure. Annexation of areas immediately adjacent to cities is critical in establishing an urban order and effective government. Properly used, annexation can consolidate the urban area as a unified whole. City administrative and technical personnel are a'. -)le to address the outlying areas municipal needs and do this in a manner consistent with the poi;^ies of the annexing city. With respect to the outlying unincorporated areas, there is a need for unified planning and zoning. By means of annexation a city's ;Toning ordinance can be extended to the adjacent areas in a logical manner, thus helping to assure orderly growth. Coordinated action is much easier to achieve when the fringe area becomes part of the city. In the long run, involuntary annexations make more sense. than allowing areas to incorporate their own governments next to existing cities. As a general concept, it is best to consolidate city type services such as police and fire protection, street maintenance and sewer service. in other words, one provider is better than five or ten. By allowing an-nexation, you eliminate service duplication. After annexation, the political boundaries will more nearly reflect the true and existing sociological, economic, cultural and physical boundaries of the city. Those who favor annexation stress that the geographic_ integrity, character, and unique lifestyle of the various individual neighborhoods, which are annexed, should be preserved. Efforts should be made to clearly identify each neighborhood that has been annexed and its unique characteristics that add to the quality of life in a city. The ultimate goal of a city's annexation program is to one day have a unified jurisdiction representing the entire urban community with active and empowered neighborhoods and efficient services. There are several common reasons to annex, which are discussed in the annexation handbook published by the Municipal Research and Services Center of Washington. "Proper annexation of are as adjacent to cities is often crucial to establish and in maintaining urban order and affective government." "The growth of separate fringe areas may produce a complex pattern of government by multiple jurisdictions - city, county and special districts -- that can lead to administrative confusion, inefficiency, duplication and excessive costs." "A logical solution may be annexation. Properly used, annexation preserves a growing urban area as a unified whole." "Annexation is often preferable to the incorporation of new cities, since new incorporations in urban areas may cause conflicts of authority, the absence of cooperation, duplication of facilities and an imbalance between taxable resources and municipal needs." ARGtIMENTS IN OPPOSITION TO ANNEXATION. 4 — MEMORANDUM C \WtMil \Tl'MP\Sutic copy of New JIM Memo Re Annexamm &K . 3 "Involuntary annexation" is a situation feared by many residents of an unincorporated area. They do not want to be swallowed up by adjacent cities without their consent. Those residents who are targeted to be annexed always ask two key questions to which they want answers: (1) What benefits will the annexation provide; and (2) What will it cost? Those who oppose annexation do not want to pay increased property taxes. They believe that the city does not have much to offer in return. In their view, a library card and a right to vote in city elections are not an even trade for higher taxes. Those who oppose annexation will argue that they chose to build and live outside the city in order to avoid taxes for services they do not want. Some residents in unincorporated areas may wish to retain the area's "rural" character, and thus oppose annexation because it is a step toward greater urbanization. Some residents of outlying neighborhoods oppose annexation because they believe that they will lose their community or neighborhood identity. Some residents have a general distrust of government and city politics and therefore oppose annexation. Those who argue against annexation argue that government exists only with the consent of the governed. That is why they support the right of persons proposed for annexation to vote on the issue. Opponents to annexation claim that the process of annexation is undemocratic. They feel robbed of their autonomy. However, most city officials reply that it would be undemocratic to give the suburbs the right to vote on annexation. Officials argue that if residents of a small community can block the wishes of a larger community they would, in essence, have more voting authority than the larger city. This violates the American notion of one-person one vote. Residents outside the city argue that they have been self sufficient for some time outside of the cit} and do not want to become part of the city. To these people, annexation would mean higher taxes and strict land use regulations in exchange for very little increase in services. A common refrain for those who live outside the city in one of our incorporated areas is as follows: "I rnoved here in the first place to be outside the city and pay lower taxes. I already get all the services I need. I do not want to be part of your city." BENEFITS OF .ANNEXATION. Citizens who are annexed into a city typically enjoy significant benefits and increased levels of essential services as a result of annexation. When joining the city they "vill have: (1) Enhanced police protection and quicker response time in emergencies. (2) A stronger voice in community decisions and directions. Because city hall is practically next door. residents can help shape their community and maintain neighborhood 5 — MEMORANDUM C twtntktw.\TFWStetic copy of New JDII Memo Re Annexation doc 33 quality by getting involved in the neighborhood association planning process, voting in the city elections and participating on local boards and commissions. (3) Access to neighborhood programs. (4) Funding for neighborhood projects through the neighborhood grant program. (S) Improved street maintenance and 24-hour emergency utility response. (6) Free fire safety and emergency preparedness training. (7) Priority and advanced registration f'or parks and community services. (8) More effective land use planning. CONCLUSION. The primary goal of Lake Oswego's annexation policy is to ensure efficient delivery of adequate public services to those unincorporated areas in the way most beneficial to all the citizens of the community. Annexation is critical to the long term well being of Lake Oswego and needs to be carried out in accordance with established policies. It is a policy of Lake Oswego that unincorporated lands within the urban service area should eventually be annexed to Lake Oswego. These policies are intended to: (l) Eliminate the inefficiencies and confusion that result from provision of urban services to scattered unincorporated areas surrounded by Lake Oswego; and (2) Empower the residents of these areas to participate directly in elections and decisions of the surrounding cities, whose decisions are most likely to impact them and whose services and facilities they are often already using or dependent upon. 6 -- M1 MORANDI IM C—nd—\1T?AP w,c-VvofNcwJ[)IIMcnu,R,Ann-1..n&� 3 4 REFERENCES 1. City of San Marcos Annexation Policies http://www.ei.san.marcos.tx.us 2. City of Bellevue Planning and Community Development http://www.ci.bellvue.wa.us 3. Vancouver Long Range Plamiing Services Annexation http://w,vvw.ci.vancouver.wa.us 4. Salem Land Use Network Htt.p://www.teleport.com 5. Minutes of Mont Clair City Counsel http://www.ci.montclair.ca.us 6. Ad Hoc Committee Report on Annexation Policy http://w--A,%v.licia.org 7. City of Lafayette in the Annexation Policies http://www.city.lafayett,in.us\government 8. Multnomah County Community Development Framework http://www.multnomah.lib.or.us 9. City of Chico Community Development Department -- Planning Division http://"NN,,A,NN,.chico.ca.us 10. Metro at Augusta http://www.augustachronical.com 11. Annexation Plans http://www.lcd.state. or. us 12.. Editorial: Annexation Bills ?Merit. a Good Look littp://www.hoosiertimes.com 13. Annexation: Gulf Shores Audience Divided http://www.alabarnalib 14. Modern Civil War: Annexation Pitts Neighbor Against Neighbor llttp://\,\-,,\'\\'.UtS,CC.Lltexas.edu Lessons in Annexation — Vb'hv Annex? r 35 7 — M EMORANDCJ M C \wiful0wa'TGMP\5u6c MPY of Waw JUII Memo Re Annexation Aoc http:\\u-ww.mountainx.com 16. Dallas Morning News http:\\www.dallasmornigg news.com 17. Springfield, Illinois Public Works - Annexation Guidelines http:\\www. springfield. i l.us 18. Annexation http:\\www. andoverks.corn 19. Santa Clara County Planning Office - General Plan http: \\www. santaclaracounty.org 20. City of Bend Annexation Policy http:\\www.ci.bend. or. us 21. City of Tumwater Annexation Policies http:\\www.olywa.net 22. Municipal Research Service Center Annexation Handbook http:\\websrvO I.co.snohomish,,,,va.us 8 - MEMORANDUM C %wlndowsJVM[[Mmam copy of New )DH Memo He Annaeoon dk 36 CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY MEETING DATE: April 9, 2001 SUBJECT: City Council E-mail Communications - Public Records Law RECOMMENDED MOTION: None. This item is for information only. EST. FISCAL IMPACT: STAFF COST: $ I BUDGETED: i Y N FUNDING SOURCE: CITY ATTORNEY L/- 'Y -C f signoff/date r: n,, it ftoport. Cover.doc ATTACHMENTS: • Powell memo of March 19, 2001 ASST. CITY MANAGER signoff/date NOTICED (Date): Ordinance no.: Resolution no.: Previous Council consideration: CITY�OIANAGER j- 4y-_ po( signoff/date City Attorney's Office 1"0: Judie Hammerstad, Mayor Members of Lake Oswego City Council Doug Schmitz, City Manager From: David D. Powell, City Attorney Council Report Subject: Cite Council E-mail Communications — Public Records Law Date: March 19, 2001 The purpose of this report is to outline the basics of public records law relating to e-mail communications by the City Council. Three separate considerations arise with respect to any particular e-mail communication: (1) Is the e-mail communication a public record? (2) If so, how long must the record be retained? (3) When must the public record be disclosed? 1. E-mail Communications as Public Records A public record includes any document, writing, photograph, recording, etc., including a "machine readable electronic record," that is made, received, filed or recorded in connection with the transaction of public business, regardless of whether the communication is confidential or not.' Virtually any e-mail communication by a Council member relating to city matters would be considered a public record. Even seemingly trivial conununications (transmittals, acknowledgements, thank you notes, etc.) are public records if they relate to city business. 2. Retention of E-mail Public Records State law grants the State Archivist the authority to adopt rules for the retention or destruction of public records.` So long as Council members send copies of all e-mail communications to the city "post office," they needn't worry about how long documents should be kept. The City Recorder will archive any records that need to be retained. The Council may nevertheless be interested in how these retention requirements apply to City Council e-mail. Most of the Archivist's retention schedules pertain to the records of specific city ORS 192.005(.5); ORS 192.410(4) and (5) Z ORS 192.105(1). 3 U E-mail Communications/Public Records Law March 19, 2001 Page 2 departments. The City Council's e-mail communications typically will not be department records and therefore will usually be subject to one of the following "Administrative Records" retention requirements: ° Ephemeral Correspondence (retain until read) Communications of a preliminary or informational nature that do not contain significant information about the City's programs, fiscal status, or routine city operations. Records include advertising circulars, drafts and worksheets, desk notes, memoranda, and other preliminary or informational records. General Correspondence (retain 1 year) Communications that do not contain significant information about a city's programs (but are more than merely preliminary or informational). Program Correspondence (retain per the appropriate city department schedule) Communications that document and add significant information to a program or primary functional responsibility of a city office. Financial Correspondence (retain 2 years) Correspondence, memoranda and similar records that add significant information about the financial status of the city. Policy and Historical Correspondence (retain permanently) Correspondence, memoranda and other records that state or fbrni the basis of policy, set important precedents, or record historic events related to the organization or operation of the city. Calendars and Aotes (retain 1 year) Records documenting and facilitating routine planning, scheduling, and similar actions relating to meetings, appointments, trips, visits, and other activities. This applies to records that contain significant information that is not summarized or otherwise included in reports or similar documents. Drafts and Worksheets (retain as needed) Records of a preliminary or working nature that do not represent significant steps in the preparation of final copy documents. Obviously these retention requir.-ments also apply to public records that are not e-mail communications. Council members are often provided copies of department reports and records. However, under state law extra copies of a document preserved for convenience of reference are not "public records" for the purposes of retention requirements. ORS 192.005(5)(d). 4 OAR 166-200-0010 (5) - (10). M E-mail Communications/Public Records Law March 19, 2001 Page 3 3. Disclosure of Records State law provides that citizens have the right to inspect and copy public records.s This applies to electronic records such as e-mail, in addition to documents in more traditional formats.b There are dozens of exceptions to the disclosure requirement. Among them are: Communications within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to any final agency determination of policy or action. This exception does not apply unless the city shows that, in the particular instance, the public interest in encouraging frank communication between officials and employees of public bodies clearly outweighs the public interest in disclosure. Information submitted to the city in confidence, not otherwise required by law to be submitted, where such information should reasonably be considered confidential, the city has obligated itself in good faith not to disclose the information, and when the public interest would suffer by the disclosures %' Any records or information the disclosure of which is prohibited or restricted or otherwise made confidential or privileged under Oregon law.9 (This includes attorney- client communications). Records pertaining to litigation in which the city is a party, or if the city shows that such litigation is likely to occur. This exception does not apply to litigation that has been concluded., nor does it limit discovery rights of a party to the litigation.10 This exception applies unless the public interest requires disclosure. a Information relating to the appraisal of real estate prior to its acquisition.' 1 As with the litigation exception, this exception does not apply if the public interest requires disclosure. A record that has existed for more than 25 years must be disclosed, even if it would otherwise fall xvithin one of the exceptions. 12 it is important to remember that the exceptions mean that the city is not obligated to disclose the record. Most exceptions do not prohibit the city from making the disclosure. s ORS 192.420 URS 192.410(6). ORS 192.502(1), ORS 192.502(4) y ORS 1192.502(9) ORS 1192.501(l) ORS 192.501(6) '2 OR.S 192.495 41 E-mail Coninvinications/Public Records Law March 19, 2001 Page 4 4, Conclusion People omen consider e-mail to be similar to communicating by telephone. However, when it comes to public records requirements, a far more lasting, and possibly disclosable, record is made Nvith an e-mail message than with a telephone call. Council members are encouraged to make sure that the City Recorder is provided «with copies of' all documents relating to city business, e-mail or otherwise, so that any retention and disclosure requirements can be met.