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Agenda Packet - 2022-05-03 �LA AGENDA CITY COUNCIL MEETING romp May 3, 2022 °REao`' 4:30 p.m. Council Chamber- 3' Floor of City Hall Contact: Kari Linder, City Recorder Email: Klinder@lakeoswego.citv or CitvRecorder@lakeoswego.citv Phone: 503.534.4225 Also published on the internet at: www.lakeoswego.citv. The meeting location is accessible to persons with disabilities. To request ADA accommodations, please submit your request online or call 503.635.0282, four business days in advance of the meeting. The meeting will be livestreamed on the City's YouTube Channel and at www.lakeoswego.citv as well as broadcast live on Tualatin Valley Community TV; check their website for details. How to testify: If you would like to provide public comment or public testimony at an upcoming City Council meeting, please refer to the City's instructions for in person and electronic (via Zoom or by phone) participation. In order to participate online or by phone, email: CitvRecorder@lakeoswego.city by Noon the day of the meeting. Pre-registration is not required to testify in person at City Hall, but is encouraged and appreciated for meeting preparation. Simply fill out the request to speak card located on the table to the left as you enter the Chamber. Thank you. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. EXECUTIVE SESSION: The Lake Oswego City Council will meet under authority of ORS 192.660(2) (h) Consult with attorney regarding legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; and (f) Consider records that are exempt by law from public inspection. 5. PRESENTATIONS (will not begin prior to 5:30 p.m.) 5.1 If I Were Mayor Contest Winners 5.2 Willamette Falls and Landings Heritage Area Coalition Update 503.534.4225 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeosweao.city Page 2 5.3 Proclamation—Asian American, Native Hawaiian and Pacific Islander Heritage (AANHPI) Month 6. PUBLIC COMMENT The purpose of Public Comment is to allow the community to present information or raise an issue regarding items not on the agenda or regarding agenda items that do not include a public hearing. A time limit of three minutes per individual shall apply. Public Comment will not exceed thirty minutes in total. 6.1 Prior Public Comment Follow-Up 7. JOINT MEETING WITH THE SUSTAINABILITY ADVISORY BOARD 7.1 Sustainability and Climate Action Plan Update. 8. PUBLIC HEARINGS To speak during a Public Hearing electronically via Zoom or by phone, email: CitvRecorderPlakeoswecio.city by Noon the day of the meeting to receive login information and instructions. 8.1 Ordinance 2894, an Ordinance of the Lake Oswego City Council Amending the Definition of Demolition and Adding Related Definitions in LOC Chapter 45.12.100 Demolition of Dwellings. Public Hearing Process: 1. Review of legislative hearing procedure by Jason Loos, City Attorney 2. Staff Report by Scot Siegel, Community Development Director 3. Testimony—the following time limits shall be observed, but may be changed by the Council: 10 minutes for representatives of recognized neighborhood associations, homeowner associations, government agencies, or other incorporated public interest organizations; and 5 minutes per individual 4. Questions of Staff Motion: Move to enact Ordinance 2894, specifying the percentage of residential structure removal constituting Demolition. 503.534.4225 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeosweao.city Page 3 8.2 Ordinance 2893, an Ordinance of the Lake Oswego City Council Amending LOC Chapter 50 (Community Development Code) to Remove the Special Street Setback Along a Section of South Shore Road; and, Adopting Findings (LU 22-0004). Public Hearing Process: 1. Review of legislative hearing procedure by Jason Loos, City Attorney 2. Staff Report by Evan Fransted, Senior Planner 3. Testimony—the following time limits shall be observed, but may be changed by the Council: 10 minutes for representatives of recognized neighborhood associations, homeowner associations, government agencies, or other incorporated public interest organizations; and 5 minutes per individual 4. Questions of Staff Motion: Move to tentatively approve Ordinance 2893 and direct staff to return on May 17, 2022 with a final version of the Ordinance, including Findings and Conclusions for LU 22-0004. 9. CONSENT AGENDA • The Consent Agenda allows the City Council to consider items that require no discussion. • An item may only be discussed if it is pulled from the Consent Agenda. • The City Council makes one motion covering all items included on the Consent Agenda. Motion: Move to adopt the Consent Agenda. 9.1 Resolution 22-15, A Resolution of the City Council of the City of Lake Oswego Nominating a Representative for Appointment to the Clackamas County Library District Advisory Committee. 10. INFORMATION FROM COUNCIL 11. REPORTS OF OFFICERS 12. ADJOURNMENT 503.534.4225 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeosweao.city 5.1 I f I Were Mayor 2022 Contest f.:,. .. ...,,. .• ... i...„,......, ,,,tfttl.• ., ..!...-...,.--4 ,I � , �.�. • were m `Wo� L , ��CS€ 4; 1 � - �•?; �',�a VJ��b bLLI�NO Sf WO II[s Sa )L:::::7- 4r r .. d ' o09- 44% f v ,, lio ....., „...H., 4. 'e1s` ,4 "� ."� -16 Carl wa\lt Safely to St 001. --- 1"" i, ~� - ,. .� O it.- ._. 8 f'i l •.Y`-'$1 .,, 11.k. , Ids 1,11,274:....t. \ •:-:, =,:, . • 5,C1)1'PrE14,,,,,i4rAPpk,4.-.t.,'..:-..,,,,ij ilor e:' 11�^ i :1 t" y .�in�ae a. ..',.,. 'ram- ter.5 i ;a0014‘1110.1‘ + •-y" .r"�' 5 i sz w l .,.l6eo. _ • + 410 LOFT LR](eas r.,..4..,..... r w. - Y• wY WIf i MC Ma �' ye 10 * * _.-- r r, ..•11.10...•. -r-- 4 Gil eae, , Ar ag- .k..• , ~ N 11"'"t`,. 4,_1 I Ti?i ' - ...1 A +mod Vilcie _ 4 u. �x r �� , All 'lI,II1111f111rIlllfInfe ., ,, /43 0 s '�: ; ,�.,.u.w. ,,,,,.:,,,, i 4-/-4 k Whaf I 14sdd ao As. tt ar ' • 116 IN lit ia 6 .. Sydney Schindler 1st place winner - Poster (grades 4-5) w .wn too 1 i,„„,.. .35, a,-1-14be 1:1-1 n j�Ak s1oJ� b�. � lK bhwaen i� I th r% that there Sh otl be a gels �J In r,y.r—11 aM m Qa� a IN? h�,- 117Q1 vL 1 n c w k o-e_qc �Y QIHQ�.f e W 8 µ,Na we,chat,,punust y Boffin x. Pe°PSe, e n P y SNs+nW�bew� P P `5 !-,,+ 'raoFbale 4eo.m So-FM* rIS euU1Q be S}Ms OA a „v;y.-a tvm ai.so�e HoitS in Po- ,,,„,tie„ bow bo-c Pr., o- 9 ik more -F b Al In It S +S't 100 n Pew.we need uqq k ro°,d.tan ba dan cEs ‘s ova Ja,�1` }:s�b 1 ,,,k 1rM.w�b�ld PN°tr at mol oild-the 6oa(' .. Sr ®ti JQ w�.dow o V 9 1}k W e 4bn,5fiWek.�,oa.IWeI +1.-cm,eN.r wey PjOl�a ne,ve,rposr+e OS�,rIS• - .ar�v''wrlb ,r Alt anol.Ji vU to�d v,. 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A ,, , __j , ., : .4,2 0,, 1 1 11 e�j Itttimcat rt, Jet. aft _ iffi -' --,, -;, :iv , TT ., _, 2,7_ , AL, , , _ i , i i . , . f _, - y :„ 1,4„ ,.„,,,,, , , ,i. , , . ...7 ._ _ r, , .„...„,„,.,, 11 , Mario Welliver 1st place winner - Essay (grades 6-8) If I Were Ma Or in the best of my ability to care for my people and take into consideration the ideas and Ysuggestions of my people. Once I have gotten the interest of the masses and showed what the pros of the new By Mario Welliver,Lake Oswego OR infrastructure could do,I could make votes for bonds that would be on the local ballots,just like Lake Oswego did for repairing the schools of the city. Throughout life,you live somewhere.That could be a small farm town of 500,or a An idea that could be taken into plan could be having different loops that intersect in huge city consisting of millions of people.Even though these communities might seem like different areas,making any part of the city accessible by walking or biking.Loops could start opposites of each other,just a loser look and you'll find many similarities.They both have around Interstate 5 and the Stanford neighborhood around Interstate 205 and use existing loving neighbors,the"go-to"restaurant,and most importantly,someone who loves and cares paths(such as the ones on Kruse Way)to make these loops,then go into different for the city,striving to make it the best it can be.In other words,a mayor. neighborhoods. Similar to other cities,Lake Oswego has fallen victim to designing the city for only With these examples,there could be a clear plan constructed as a mayor to make new cars.Being a mayor,I could help break my town free from this labyrinth of asphalt and paths to cut carbon emissions of the city significantly,give the citizens of LO a better motors,giving the population clarity from vehicles that many never knew existed. well-being,and even possibly improve tourism of the town.All of these things are something Many examples can be seen of LO's car dependency,from 4 lane roads with that is desired greatly by the citizens of Lake Oswego and other communities across the weathered,thin sidewalks to a downtown main street with no bike lanes.Many problems can globe,which I could improve upon,being a mayor.Lake Oswego could become a role model arise from designing cities with such an auto-dependency,from unbearable rush hours to for other suburbs across the nation to break free of auto-dependency,which is another key inducing Climate Change and even giving the community poor well-being of life.These desire of a mayor,helping,partnering,and building great relationships with other cities. three things are what Lake Oswego prioritizes to improve upon,yet how can a community If I were mayor,I would use these designs of new pathways for bikes and pedestrians do that when these complications are rooted into the veins of the town?As a mayor,if I to,directly and indirectly,take out many core problems of our city.I would use my power wanted to uproot this problem and make Lake Oswego a better place for all,I would need to and responsibility to the best of my ability,to make Lake Oswego as great as it can be. get to the source. It's dear that because Lake Oswego was established in 1847,it wasn't always so car-oriented.The Downtown and First Addition neighborhoods are both in small, easy-to-walk grids.However,newer neighborhoods such as Palisades or Mountain Park have a distinct focus on vehicular ways of transportation. As a mayor,I would need to make sure I wouldn't dive into something blindly and have the solution poorly designed.To make great pathways that connect community members,you would need to look at examples across the globe. One great example to model after is Oulu,Finland.Oulu is a suburb town that still has car dependency,however,it has another set of pathways designated just for bikers and pedestrians,separate from roads.This is essentially what would be needed to design a new LO-a new infrastructure made for ways of transportation besides cars. Another example Lake Oswego could follow for new pedestrian and biking paths would be the train tracks that run throughout the city.Not only do they run near neighborhoods,but they also are mostly separated from roads,having minimal interaction with cars. A plan of making the paths for the city could consist of citizen surveys and votes to determine where paths would go,and where they are most needed.As a mayor,it should be Kate Scipio Del Campo 2nd place winner - Essay (grades 6-8) If I Were Mayor... By Kate Scipio del Campo Mayors are very important in order to keep a community running.They set examples for problems,which is very helpful at times.It is crucial to be able to escape by doing something people to follow,they go to important community events to boost morale,they make speeches to you love once in a while,when needed.I would know,since I am an athlete,myself. educate members of the community about issues their neighbors face,and more.These are the Building more athletic fields is very important,as explained above.It helps local teams things they do as the face of the community.In addition,behind the scenes,they are being the play on fields within their community,it encourages community engagement,and it includes wise,caring,and collaborative leaders that we need.For example,every day,they work to create people who play sports that aren't noticed enough.I feel as though the significance of more a safe community for families to live in,they oversee the city council,and they have the power athletic fields is underestimated,as is the importance of playing sports.But with more athletic to veto a rule they feel is not fit for Lake Oswego.Therefore,mayors are important to keep fields,it will inspire people to make an effort to pick up a sport they enjoy. things in order,and to serve their community. If I were to take on the job of mayor,I would build more athletic fields.There are already problems with availability in the spring and fall,because of the many sports that start up at the same time.Sometimes,my team has to share a field with three to four other teams,even when it doesn't have the ability to hold that capacity.Our practices even get canceled,just because of the lack of availability.If there were more athletic fields,there wouldn't be this kind of problem for teams.That's why I believe it is important to build more fields so that holding practices or games locally isn't a struggle. Building more athletic fields also encourages community engagement.If more local fields were available for teams of the community to play at,this would encourage kids to interact and make friends with their teammates who are from other schools in the district.But not only would kids be expanding their group of friends,the parents would also meet different parents on the sidelines.People in the community would get to know each other more through their similar interests,like sports.Kids would be interacting with people they probably wouldn't have met otherwise,which would provide them with the opportunity to learn from new people who might be from a different background.This would give people different perspectives on how they see things,and encourage inclusion and the celebration of diversity in our community. When I say that I would build more athletic fields,I don't just mean for football,soccer, lacrosse,or other popular sports.I also mean different underrated sports,like pickle ball,bocce ball,field hockey,etc.This would make others who don't play those popular sports feel included. It wouldn't matter what age,skin color,or shape someone is,there would be a space where everyone would feel included and seen.Athletes don't have to fit a certain picture,so why not make local fields and courts versatile so that it fulfills the needs of all kinds of athletes?With many different kinds of sports facilities,more people would be able to play a sport they feel connected to.Not only is playing sports good for one's physical health to stay in shape,but it helps with mental health.It gives people an activity that takes their attention off of their everyday Anthony Cote 3rd place winner - Essay (grades 6-8) "If I Were Mayor. . ." As mayor,I would encourage citizens to install solar panels on their homes.I would meet with Home Owners Associations about easing restrictions on solar panel approvals. At this time,I would also provide infonnation about the benefits of solar panels and financial incentives-Adding solar panels to the city hall and other city-owned buildings would serve as a role model for private citizens.This would not _ only make a profit for the people of Lake Oswego but also introduce the idea of electric furnaces,air conditioning,and cars. Finally,new and remodeled buildings must follow a stricter set of rules and regulations that all revolve around the idea of producing less unnecessary gases and waste.To ease and encourage this .' ."ma's-:— process,the City of Lake Oswego would have an expert on staff to guide businesses through this step. By Anthony Cote This role would be an engineer specializing in city planning with a focus on incorporating Earth-friendly designs.Upon request,business owners would be able to meet with the city-employed engineer free of charge. If I were mayor of Lake Oswego,I would focus on improving sustainability and building an Having strong leadership is important to implement these changes,and get people and businesses infrastructure that supports a greener future. This can be done with the cooperation of the private citizens on board in a positive manner.As mayor,I can provide this support,and gain the peoples'trust to of Lake Oswego,local government,and small businesses. Steps include promoting eco-friendly transition smoothly through this process.Through all of these actions,Lake Oswego has the potential to transportation,producing regenerative energy,and building energy-efficient facilities.I would take action become a greener and more environment-friendly town. to move Lake Oswego to a more globe-friendly place. First,I would have electric car chargers installed in public parking lots so that people could charge their cars while eating,shopping,and enjoying other Lake Oswego amenities.This would also encourage people to buy electric cars,which in turn,helps save the environment.Setting up electric car charging stations would also give the citizens free charge if they visit the amenities here in our town. A second initiative is to make sure bike lanes are safe and clearly marked so that people would feel safe,and be open to the idea of riding bikes to local stores or just to have a good time.If people ride their bikes more often,fewer cars are on the road,therefore leading to fewer greenhouse gas emissions from combustion engine vehicles.This would also inspire people to be more active and outside more of the time.In addition to safe bike lanes,I would setup bike racks and locking systems around stores and restaurants in the town of Lake Oswego. Another idea is exploring the possibility of using the Lake Oswego dam to produce hydroelectricity,and reroute the energy to stores and businesses that meet energy-efficient criteria. Providing this financial incentive encourages businesses to stay actively involved in the process of making our town"greener." Thankyou ! For participating in the 2022 "If I Were Mayor" Contest! 5.3 p�lA E0 . V4- GREGON-\ U5-) Office of the ,Mayor, City of.cake Oswego Asian American, Native ffawaiian and cPac f c Islander fferitage 171 onth WHEREAS, the Federal Asian Pacific American Council's theme for Asian American, Native Hawaiian and Pacific Islander (AANHPI) Heritage Month in May has been announced to be "Advancing Leaders Through Collaboration"; and WHEREAS, members of the AANHPI community serve as leaders in science, medicine, local and national governments, and in Lake Oswego's societal fabric as a whole; and WHEREAS, it is our responsibility as a City to value, acknowledge, and keep alive the memories, accomplishments and plights that people of the AANHPI community have both lived and still experience; and WHEREAS, standing for the rights and inclusion of minority populations is the duty of all peoples, both in and out of Lake Oswego; and WHEREAS, the City of Lake Oswego pledges to celebrate and preserve the cultural traditions and civil rights of our AANHPI community members through ongoing work in our Diversity, Equity and Inclusion Advisory Board, as well as collaboration with those who strive to make a more equitable community for this and all other peoples of underserved groups; and NOW, THEREFORE, BE IT RESOLVED, that we, the Lake Oswego City Council, proclaim May, 2022 as Asian American, Native Hawaiian and Pacific Islander Heritage Month. I know, with confidence, that the people of the City of Lake Oswego will join their fellow residents across the nation in participating in this special observance. Joseph M. Buck, Mayor May 3, 2022 7.1 4� D� COUNCIL REPORT �a o ""REDO% Subject:Joint Meeting with the Sustainability Advisory Board Meeting Date: May 3, 2022 Staff Member: Amanda Watson, Sustainability Program Manager Report Date: April 22, 2022 Department: City Manager's Office Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑X Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: No Council action, informational only Recommended Language for Motion: No Council action, informational only Project/ Issue Relates To: City Council's 2022 goals to combat climate change by reducing greenhouse gas emissions and strengthening the community's resilience to climate impacts; Sustainability and Climate Action Plan. Issue before Council (Highlight Policy Question): ❑X Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable ISSUE BEFORE COUNCIL At the request of the City Council, the Sustainability Advisory Board (SAB) will be presenting a summary of progress on their 2022 goals and engaging Council in a discussion around climate adaptation and resilience strategies. BACKGROUND SAB advises the City Council in efforts to make City operations more sustainable and in the development of plans and policies to enhance the economic, ecological, and quality-of-life sustainability of the City as a whole. The Board also educates and engages the public in efforts 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.citv Page 2 to make the community of Lake Oswego, including residents, business, and institutions, more sustainable. DISCUSSION The Sustainability Advisory Board will provide an update to City Council on progress on each of the Board's 2022 goals, which include: • Advocate for the sustainable design of the Wastewater Treatment Plant • Improve resiliency and adaptation strategies in the City's Sustainability and Climate Action Plan • Protect and preserve trees and natural resources • Accelerate the transition away from gas-powered landscaping equipment • Advance the adoption of electric vehicles • Host a community-wide Earth Day celebration SAB members will provide a brief overview of their approach and initial recommendations for Council related to each goal. SAB will also engage Council in a discussion of climate adaptation and resilience strategies for Lake Oswego. Improving resiliency and climate adaptation strategies in the City's Sustainability and Climate Action Plan is a shared goal of City Council and SAB for 2022. The objective of this discussion will be for SAB to share their initial recommendations and hear about City Council's priorities, input, and any questions that SAB can help to provide recommendations for. Background on Climate Adaptation and Resilience Climate adaptation refers to the process of adjusting social, economic, and ecological systems in response to current and expected changes in the climate to reduce vulnerability to the impacts of climate change.1 Resilience is the capacity to anticipate, withstand, recover from, and adapt to changing conditions, stresses and disruptions. Increased resilience is an outcome of climate adaptation. The City's Sustainability and Climate Action Plan includes strategies for both climate mitigation—reducing greenhouse gas emissions—and climate adaptation. Adaptation strategies in the plan focus on updating emergency preparedness and response policies for current and anticipated climate impacts, and reducing community vulnerability to wildfire smoke. SAB provided recommendations on additional short- and long-term actions to improve resiliency and climate action to Council at their March 2021 Study Session on Climate Action Planning (see Attachment 1, pages 2—4). ATTACHMENTS 1. SAB Memo from the March 2021 Council Study Session on Climate Action Planning 1 UN Climate Change, "What do adaptation to climate change and climate resilience mean?", httos://unfccc.int/topics/adaptation-and-resilience/the-bia-picture/what-do-adaptation-to-climate-chance-and- climate-resilience-mean 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 MEMORANDUM meowHof TO: Mayor Joe Buck Members of the City Council FROM: Members of the Sustainability Advisory Board (SAB) SUBJECT: March 2021 Council Study Session on Climate Action Planning DATE: March 2, 2021 The Sustainability Advisory Board (SAB) has been asked by the City to share recommendations for prioritizing implementation actions from the City's Sustainability and Climate Action Plan (S/CAP), which was formally adopted by City Council under Resolution 19-54, on May 5, 2020. We are excited to be supporting the Council's work of building a vibrant and resilient city—now and into the future. We look forward to continuing this partnership and are pleased to present our ideas for consideration at the upcoming Council Study Session on Climate Action Planning, scheduled for March 16, at 3:00pm. In preparation for the Council Study Session, the SAB has prepared this memo to outline poten- tial benefits, impacts, and challenges of implementation of the recommended climate actions, both short term and long term. To that end, this memo identifies (1) specific focus areas from the S/CAP for consideration as priority areas of implementation, and (2) key questions to con- sider for each focus area, including: • What action can be accomplished in the near term? • What actions will require a more work and investment, and should be included in near- term planning stages? • What are possible concerns or sensitive topics that may have mixed support, or dispro- portionate impact on members of our community? We have selected our recommended priorities in alignment with the recent goal-setting work completed earlier this year (see SAB 2021 Goals Memo attached), as well as from the challeng- ing experiences of the past year including COVID-19, wildfires, ice storms, power outages and disruptions in water service. 503.635.0291 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 2 Our recommended priorities and related considerations include the following: (1) Improve Resiliency and Enhance Climate Adaptation: As we reflect on 2020, and all the challenges that we have endured and overcome as a commu- nity, the SAB feels strongly that we need to strengthen our community and City policies toward the goal of improved resiliency and robust climate adaptation strategies. While we remain in the grips of the coronavirus pandemic, we have already overcome significant obstacles relating to the conditions created by the summer wildfires and winter ice storms. The incredible re- sponse of City staff and community members to come together is inspiring. We want to build on all of the great work and lessons learned from these recent events to strengthen our infra- structure, policies, and response plans to minimize the impact and disruption of catastrophic events in the future. Several priority areas for improving resiliency and climate adaptation include preparing for im- pacts from: • Wildfires • Ice storms • Extreme temperatures • Heavy Rains/ Floods • Earthquakes • Windstorms • Droughts • Airborne pathogens • Impacts from a shifting climate. Short-term Actions: Several actions for the short-term relate to leveraging existing Emergency Response Planning and incorporating climate-related adaptation and resilience. • As there were no Emergency Preparedness fairs this past year due to COVID, consider hosting a virtual session, and including steps to prepare for wildfires, ice storms, and ex- treme temperatures, among other emergency events. • Prepare informational materials to support citizens in preparing for potential disaster scenarios, such as "tightening" residential spaces to deal with extreme temperatures or hazardous air quality. This will also benefit residents in non-emergency times by im- proving energy efficiency. • Encourage and facilitate pre-planning during non-emergency times to identify people who will need extra help in an emergency—climate-related or otherwise. Some Neigh- borhood Associations have begun the process of mapping their neighborhoods, using 503.635.0291 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 3 resources like Map Your Neighborhood guidelines.' Additionally, PrepLO (preplo.org) has created teams of Neighborhood Associations to help prepare for disasters. • Identify for the public the communications networks available through the City (e.g. re- verse 911, ClackCo Public Alerts Notification System, etc.). Work to get citizens signed up for these communication networks in advance of emergencies, using multiple chan- nels to reach people with different backgrounds, interests, and needs. Some citizens who are at high risk may not be familiar with using technology, so traditional methods should also be used (e.g. HelloLO, LO Review, LO Monthly Magazine, the LO Parks and Recreation Activity Guide, a sign-up slot on voter ballots, and information placement through school bulletins). • Coordinate with LOSD and City Departments to use schools and public facilities as essen- tial facilities or "safe zones" in a variety of emergency/disaster scenarios, such as cool- ing shelters in the summer, heating centers in the winter, safe air shelter during periods of hazardous air quality, seismically sound shelters in an earthquake, places to charge up devices or access power and Wi-Fi hotspots during extended power outages, etc. These "safe zones" should be equipped with N95 masks for periods of hazardous air, Wi-Fi hotspots in the event of a power outage, and a source of clean water. This would allow for a streamlined, one-stop location for people to seek shelter and/or obtain critical sup- plies. • Create visual aids to community members for emergency situations similar to the way that coastal communities have clear signage for tsunami evacuation routes and safe zones. Examples include: o Posting signage on designated emergency evacuation routes, earthquake/ smoke safe zones, and public Wi-Fi hotspots. o Offering optional signage for homes that currently store evacuation kits for com- munity use. o Offering residents signage, much like we have 'No Solicitation' signs, to desig- nate people with medical needs or to indicate a request for assistance, such as lifting garage doors manually so a mobility-challenged or senior resident can use their car during a power outage. For example, the Map Your Neighborhood bro- chure has a sign that can be placed in windows facing the street that say "Help" or "OK." This action could be implemented through partnering with Neighbor- hood Associations. 1 https://mil.wa.gov/map-vour-neighborhood 503.635.0291 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 4 • Begin planning for a changing climate. Examples include adjusting what trees are rec- ommended for planting based on what will survive in current and future weather condi- tions and adjusting design parameters for heating and cooling to account for current and future weather patterns. Long Term Actions: In the longer term, the City should be planning for "hardening" its infrastructure to withstand more frequent and more severe weather events and natural disasters: • Power lines. Evaluate undergrounding power lines and cable/internet services to mini- mize impacts from ice and trees, while remaining resilient to earthquake impacts. Con- sider the total lifetime cost of ownership—beyond just the capital cost to install and the ongoing cost to maintain—to ensure an accounting for likely disaster recovery costs of increasingly frequent extreme weather events. • Large-scale batteries. Provide back-up power for emergency use through large-scale batteries combined with solar arrays. Back-up power will also help with charging EVs during an emergency. • Ventilation. Partition HVAC in building designs to enable improved safety response to airborne pathogens. • Water (both access and availability). Evaluate options for back-up power (e.g. solar panels, storage batteries, etc.) in the event of a full or partial grid failure to power pumps and related critical water systems. In normal times, the unused solar could be sold back into the grid for revenue or shunted to other City facilities to lower PGE costs. Additionally, evaluate options for alternate water supply sources and demand reduction strategies that may enhance the resiliency of water availability. • Build-in redundancies for critical infrastructure. In the recent ice storm, the City acti- vated our emergency water intertie with the City of Tigard at the Waluga Reservoir site, ensuring that our community did not go without water and that our emergency re- sponders had ample storage for responding to fires'. This type of resilient planning should be implemented across all critical infrastructure. 2 https://twitter.com/LakeOswegolnfo/status/1364009621904527360?s=20 503.635.0291 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 5 (2) Assess and Articulate the Sustainability Impact of City Policies and Initiatives: Sustainability and climate impacts are becoming increasingly severe and costly. Improving the City's sustainability and resiliency—and reducing our GHG emissions that are contributing to climate change—will contribute positively to the City's fiscal position3 4 and overall quality-of- life for our community. We propose that the City include an assessment of sustainability and climate impacts into its decision-making process, similar to the way that fiscal impact is clearly assessed and articulated as part of policy making processes. A "Sustainability and Climate Impact" assessment could be included alongside the "Fiscal Impact" information provided for every policy proposal and Council report. This would allow decision makers—both in the City and the public—to make fully informed decisions in support of or against proposed policy changes and City actions. A similar approach could be applied to Diversity, Equity and Inclusion (DEI) impacts. Too often the environmental and social impacts of policies remain externalities that are not ac- counted for in each decision. The impacts are felt by all—and ultimately paid for through in- creased healthcare costs, disaster clean-up costs, increased bond rates, etc.—but the costs are not directly attributed to the actions and policies that created the impacts. Short Term Actions: • Identify areas where the "Sustainability and Climate Impacts" assessment would be pre- sented, such as in voter pamphlets outlining policy options with details on Fiscal Impact and Sustainability and Climate Impacts. Long Term Actions: • Determine the evaluation criteria for assessing the "Sustainability and Climate Impacts." • Require that assessments of"Fiscal Impacts" account for costs beyond traditional capital and operating costs, but also to account for the embedded costs of externalities, such as increased healthcare costs, disaster recovery costs, and credit rating impacts associated with all new policies. 3 City credit ratings may soon account for effectiveness of climate action strategies. (https://www.bloom berg.com/news/articles/2019-10-15/city-bonds-may-be-hit-bv-cl imate-change-moodv-s-can-now-see- how) 4 According to Michael Wertz,a Moody's vice president,"Cities are increasingly adopting plans that detail specific projects de- signed to strengthen infrastructure and minimize economic disruption from natural disasters and long-term climate change. Cities'increasing focus on climate risks is a credit positive,particularly as climate change is forecast to increase the frequency and severity of extreme weather events." (https://www.moodvs.com/research/Moodvs-Largest-US-cities-take-proactive-steps-to-mitigate-credit--PBM 1158519) 503.635.0291 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 6 (3) Advance Adoption of Electric Vehicles: As Electric Vehicles (EVs) continue to grow in popularity and as technology continues to im- prove, there will be increasingly more options for EVs in terms of size and functionality. This market shift will enable more types of City vehicles to be replaced with EVs over time. While the market will drive some of the transition away from internal combustion, the SAB would like the City to actively seek to transition all City-owned vehicles to EVs as soon as feasible. Addi- tionally, the City should evaluate and create infrastructure that encourages and supports com- munity members that transition to EVs. Short Term Actions: • Implement a mandatory evaluation of all replacement vehicles, requiring a rationale as to why EVs would not work for the designated purpose before an internal combustion vehicle can be purchased as a replacement.This evaluation would include which EVs were considered and the reasons why they were excluded, as well as an assessment of the total cost of ownership (i.e. including the cost to operate and maintain the vehicle, not just purchase price). • Implement guidance or policy that requires the same EV evaluation by all private con- cerns supplying services to the City. For example, if the LO emergency response assets are converted to EV, then City suppliers, such as AMR ambulances, should be required to convert also. The City's recent landscaping contract renewal requiring all-electric landscaping equipment is an excellent example of how the policy could be structured. • Evaluate options for how the City can best support community transition to EV (e.g. public charging stations, preferred parking, infrastructure investments for EV charging at multi-family housing, etc.). Long Term Actions: • Design and build alternative charging capabilities (Solar, Batteries, Emergency Genera- tors) to act as back-up charging of standard fleet vehicles in the event of power outage. These alternatives would need to be capable of charging the fleet for 1-2 weeks. • Plan for significant resiliency of any critical service EV vehicle that would be needed in natural events like fires, earthquakes, ice storms, ensuring that there is an established recharging system that can operate off-grid for extended periods of time with sufficient capacity to meet peak needs of essential vehicles. For example, provide chargers, with battery storage at all fire stations, police stations, maintenance yards, etc. The last thing any community would tolerate is its emergency responses grinding to a halt because the vehicles cannot be charged. As an intermediate step, consider plug-in hybrids for essen- tial services if that provides greater resiliency. 503.635.0291 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 7 • Eventually, implement a moratorium on non-hybrid, internal combustion vehicles for replacement of City fleet vehicles once the market has proved out the technology for each functional vehicle type and sufficient back-up power has been acquired. (4) Residential Sustainability Certification Program This January, the City's Community Sustainability Interns started work on a project called the Residential Sustainability Certification Program. While it is currently in development, the end goal is the creation of a certification program through which residents are encouraged to make their homes more environmentally friendly by meeting certain criteria, like installing low-flow shower heads or conducting an at-home waste audit. The program will function much like Clackamas County's "Leaders in Sustainability" program for businesses. As residents meet more and more of the criteria,they qualify for higher levels of certification. In addition to the changes implemented through the certification track, once certified, resi- dents will have the option of being placed into a "pod" of participants who will meet regularly to discuss their sustainability accomplishments and goals. This will allow more experienced par- ticipants to help less experienced ones, and it will also provide a source of community account- ability for those who are trying to form sustainable habits. Ultimately, the goal of the program is to encourage residents to take the sustainability of their homes into their own hands and give them the resources and support to do so. The program will also provide a blueprint for other cities and communities that want to establish similar programs. Short Term Actions: To support and engage Lake Oswego residents in improving the sustainability and resiliency of their homes, consider creating and offering the following resources broadly in the community: • Informational materials on strategies and incentives for saving resources (e.g. low-flow showerheads, shower timers, moisture meters for lawns/gardens, LED lights, Energy Trust incentives for energy efficient appliances, insulation, smart thermostats etc.). • Specific guidance for landlords and residents of multi-family communities on how they can make sustainable changes to their homes, recognizing that some actions must be implemented by building owners and others can be implemented by the tenants. This guidance could be structured for optional use on the multi-family community's website or in new tenant welcome packages to help generate interest in participation. • Regularly scheduled Community 'Repair Fairs,' as were provided in 2019.5 s https://www.ci.oswego.or.us/librarv/repair-fair 503.635.0291 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 8 (5) Monitor and Advocate for State Legislation affecting sustainability and climate-related considerations. As the City continues to monitor and track legislation at the State level, the City, SAB, and citi- zens can advocate for smart, sustainable solutions at the State level. Additionally, by staying ahead of legislation, the City will be well positioned to respond to forthcoming requirements in a proactive and informed manner. For example, two high-visibility policies currently being considered at the State level include: HB 2001: The City is actively evaluating the best ways to incorporate HB2001 into its policies. The SAB wanted to highlight several sustainability related topics associated with HB2001 to inform this planning process. • Tree Protection. As density increases, larger building footprints on smaller lots lead to an increase in tree removal. The trees are such an important part of the character and quality of life of Lake Oswego. The trees provide many ecosystem services as well, in- cluding stormwater management, carbon sequestration, shade in the summer, privacy, air quality, noise mitigation, etc. It is critical that the City includes protections for our incredible tree canopy as part of its response to HB2001. • Walkability. Another potential impact from HB2001 is increased traffic, which can af- fect the walkability of our neighborhoods. As the City continues its efforts to create Safe Routes to Schools and improved connectivity of sidewalks and pathways, it will be im- portant to consider and address impacts from HB2001. • Deconstruction vs. demolition. As HB2001 creates opportunity for greater density, it is likely that older houses will make way for larger multi-family units. When houses are demolished there is a significant amount of still-useful material that is routed to the landfill. Creating incentives to deconstruct older houses (i.e. to take apart and reuse still-useful housing materials), the City can minimize the environmental impact of this trend. Gas Powered Landscape Equipment (GPLE): The SAB would like to applaud the City for its commitment to sustainability through its recent landscaping contract renewal which requires use of all-electric landscaping equipment. This move aligns with the SAB goal of promoting cleaner air quality and will benefit the health of all people, wildlife, and natural resources that would have been exposed to toxic air emissions 503.635.0291 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 9 from gas-powered landscaping equipment. This decision also positions the City to be well pre- pared for forthcoming State legislation that will move the state toward electrical landscape equipment. We look forward to working with City Council at the forthcoming Study Session to identify and evaluate climate action planning priorities. Respectfully, Stephanie Glazer, Co-Chair Kathleen Wiens, Co-Chair Buzz Chandler Jay Hamachek Susan Mead Mark Puhlman Matt Schaeffer Paul Soper Benjamin Connor, Youth Kelsey Yutan, Youth Attachments: SAB 2021 Goals Memorandum 503.635.0291 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us A. s MEMORANDUM meowHof TO: Mayor Joe Buck Members of the City Council FROM: Members of the Sustainability Advisory Board (SAB) SUBJECT: SAB 2021 Goals DATE: December 16, 2020 The Sustainability Advisory Board's priority for 2021 is targeted implementation. We recognize the incredible efforts on the part of the City and our community to adapt to life during a year with a global pandemic, record-breaking wildfires, and deep economic and social challenges within our community. There has been a necessary shift in priorities to address these immediate needs. We also recognize the importance of focusing our recovery efforts and any new actions and investments on sustainable solutions. It is with this in mind, that we have focused our goals on several key actions that will have significant impact on the well-being of our community. The Sustainability Advisory Board's primary objective is to promote a sustainable economic and ecological quality-of-life in our community. To this end, the Sustainability Advisory Board shall: • Advise and assist the City Council in efforts to make City operations more sustainable. The Sustainability Advisory Board is guided by the Sustainable City Principles embodied in the Sustainability and Climate Action Plan for Lake Oswego. • Promote plans and policies that enhance the sustainability of the City as a whole. • Educate and engage the public in efforts to make the community of Lake Oswego, including residents, businesses, and institutions, more sustainable. For 2021, the SAB will focus our efforts on the following 3 goals and our ongoing advisory and outreach functions. 503.635.0291 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 2 2021 SAB Goals: Goal 1: Advance Climate Action Planning: Continue work on the Sustainability and Climate Action Plan by making updates, revisions, and providing annual progress report. • Review Climate Adaptation section with a focus on resilience, particularly goals around wildfire smoke. Assist with the development of preparation strategies and response plans in the event of wildfires. • Provide annual progress report to City Council. • Focus on achieving solar goal, as set in Resolution 16-28, and repeated in SCAP. Goal 2: Promote Cleaner Air: Evaluate options for limiting use of Gas-Powered Landscape Equipment (GPLE) in Lake Oswego. • Prepare for City Council study session to identify and recommend various options for reducing city, commercial, and private use of gas-powered landscape equipment (GPLE). • Develop outreach materials for homeowners on green landscaping. Goal 3: Advocate for Electric Vehicle adoption in Lake Oswego • Continue partnering with the Lake Oswego Sustainability Network (LOSN) and Portland General Electric (PGE) on electric vehicle infrastructure investments at multifamily housing developments. • Assist the City in transitioning the city fleet to electric vehicles by providing informational resources and reporting on purchasing in annual progress report. 2021 Advisory and Outreach Role: Though SAB does not to intend to bring new topics to the City Council in the following areas, we will continue to act in an advisory role for the following projects and areas of community concern. • Provide educational pieces covering topics from the SCAP, including: GPLE, EVs, green landscaping, recycling, deconstruction, and Home Health Kits & Home Energy Efficiency Kits. • Assist SAB Youth members in their roles on the high school green teams and empower the Youth members to act as liaison between SAB and LOSD. • Update and review SAB website to offer more information to residents about energy efficiency programs, climate action updates, and waste reduction. 503.635.0291 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 3 • Support Metro initiatives on recycling education and outreach, with a focus on multifamily housing developments. • Continue to review information and policy around green building in Lake Oswego, through reviewing the demolition tax, City building projects, and advocating for the expanded use of high-performance building principles. • Partner with City Boards and Commissions, Homeowners Associations and Neighborhood Associations on sustainability topics, including: green landscaping, demolition and remodeling, and options for improving walkability/bikeability. We look forward to working with City Council in 2021. Respectfully, Stephanie Glazer, Co-Chair Kathleen Wiens, Co-Chair Buzz Chandler Jay Hamachek Susan Mead Mark Puhlman Matt Schaeffer Paul Soper Benjamin Connor, Youth Kelsey Yutan, Youth 503.635.0291 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us 8.1 et'p` 4P COUNCIL REPORT // 4e0 OREGOt.4 Subject: Ordinance 2894, Residential Demolition and Nonconforming Development Hearing Date: May 3, 2022 Staff Member: Scot Siegel, Director Report Date: April 22, 2022 Brian Don, Building Official Department: Community Development Action Required Advisory Board/Commission Recommendation ❑X Motion ❑ Approval ❑X Public Hearing ❑ Denial ❑X Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction This ordinance is limited to amending the definition of ❑ Consent Agenda demolition.The City Council will review the Demolition Tax at a future date. The Planning Commission is separately reviewing the requirements for nonconforming residential developments. Staff Recommendation: Conduct a public hearing and consider adoption of Ordinance 2894, amending the definition of demolition and adding related definitions in LOC Chapter 45 Building Code. Recommended Language for Motion: Move to enact Ordinance 2894, specifying the percentage of residential structure removal constituting Demolition. Project/ Issue Relates To: This proposal follows direction the City Council provided at the March 17, 2022 study session on demolition policies. Issue before Council (Highlight Policy Question): ❑X Council Goals/Priorities: "Conserve the community's quality of life by planning for growth and change." 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.citv Page 2 ISSUE BEFORE COUNCIL Whether to amend the definition of demolition and add related definitions in LOC 45.12.100, establishing a percentage of structure removal. This action is likely to result in an increase in the number of residential building projects requiring a demolition permit and subject to the City's demolition tax. EXECUTIVE SUMMARY On March 17, 2022, the City Council reviewed the demolition permit procedures in LOC 45.12.100, including the definition of demolition, neighbor-notification requirements, and the demolition tax. LOC 45.12.100(1)(b) defines "demolition" of dwellings and requires that applicants for dwelling demolitions notify owners of abutting residential properties prior to commencing demolition. This is intended to help protect public health and safety and promote neighborhood livability. LOC Article 24.06 requires the owners of properties where demolition permits under LOC 45.12.100 are issued for residential structures to pay a demolition tax. However, under the existing definition of demolition, a residential structure may be almost entirely removed (only one wall left standing) without qualifying as a demolition, contravening the purposes of the demolition noticing requirement and the demolition tax. The Oregon Residential Specialty Code, Section R101.2.3 and the Oregon Structural Specialty Code, Sec. 101.2, permit local jurisdictions to regulate demolitions through their own ordinances and these local regulations are not subject to State Building Codes. Because these are non-land use regulations'. Ordinance 2894,amending the definition of demolition and adopting related definitions, is intended to address Council's concern that the existing definition allows builders to contravene the purposes of the demolition noticing requirements and the demolition tax. The ordinance does not however modify the existing demolition tax or incentive for manual deconstruction (as an alternative to mechanical demolition). BACKGROUND On June 15, 2021, the City Council appointed the Middle Housing Code Advisory Committee (Committee) to recommend code concepts for attaining compliance with Oregon Administrative Rules, OAR 660, Division 46 (HB 2001 implementing rules). In addition to the 'Additionally,the Building Department follows Oregon Department of Environmental Quality requirements related to hazardous materials abatement, including requirements that builders disclose the presence of and certify the removal of asbestos and lead-based paint. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 3 addressing Division 46 minimum requirements, the Committee identified other optional measures the City could adopt to help maintain neighborhood character as residences are remodeled and properties redevelop. Specifically, the Committee recommended, and the Council agreed, that the City should amend the definition of "demolition" to require a greater percentage of a dwelling remain in order for a building project to be considered a remodel, versus demolition. Based on the Committee's recommendations, and City Council direction, staff convened a workgroup in February 2022 to study the issues of demolition and nonconforming development. The workgroup was tasked with reviewing current code and recommending changes to protect neighborhood character and quality of life, consistent with the Comprehensive Plan and City Council goals.2 On February 28, the Planning Commission reviewed the workgroup recommendations and generally agreed that the City should amend the definition of demolition. The Commission also agreed that the City should consider changing how it regulates the continuation of nonconforming residential developments, particularly as this relates to major additions to dwellings. The Commission also advised that the City take more time to review its options and seek public input before amending the development code. On March 17, the City Council received the workgroup's recommendations and Planning Commission input. Based on Council's direction, the Commission has added the review of nonconforming development regulations to its 2022 work program. ANALYSIS On November 1, 2016, the City Council enacted Ordinance 2727 defining "demolition" (of dwellings) and establishing a demolition permit procedure. Demolition permits are ministerial permits administered by the Building Department under the Building Code (LOC Chapter 45). Demolition applicants are required to notify abutting property owners by mail and by posting the site not less than 14 days before commencing demolition. This is a courtesy notice for neighbors so that they can prepare for the eventual, albeit temporary, disturbance of a demolition.There is no comment period or opportunity for appeal; the notice is solely to inform neighbors that a demolition has been approved. Since enactment of Ordinance 2727, on average, the City has processed approximately 30 residential demolitions permits annually. This represents approximately 50% of all new single- family dwellings constructed. 2 This workgroup was comprised of Planning and Building staff,the chair of the Middle Housing Code Advisory Committee,a neighborhood association chair,and a local builder with experience developing both single-family residences and middle housing. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 4 Amending the definition of demolition would affect the demolition permit process and tax, potentially increasing workload for Planning and Building staff but also increasing revenue from the demolition tax, which is currently dedicated to parks maintenance. Existing Definition of Demolition The existing definition of demolition contained in LOC 45.12.100 (below) is very forgiving. Under this definition, a residential structure may be almost entirely removed (only one wall left standing) without qualifying as a demolition, as follows: "Demolition"or "demolish"means: i. Removal of all exterior walls; ii. Removal of the superstructure (the part of the building or construction above the lowest subflooring; "lowest subfloor"is the bottommost structural floor laid as a base for a finished floor), such that none of the existing superstructure is maintained; or iii. Alteration, abandonment or removal of all of the existing perimeter foundation. As discussed in the City Council's March 17, 2022 study session, the Council is concerned that this definition contravenes the purposes of the demolition noticing requirement, which is to inform neighbors when the City approves demolitions, and the demolition tax. Proposed Definition with Options The proposed definition of demolition contained in Attachment 1 - Ordinance 2894 is also provided below. City Council should decide on a threshold for what constitutes demolition by choosing a percentage of residential structure "removal". Staff recommends using a percentage of the residential structure's exterior walls and perimeter foundation to trigger the demolition permit and tax. Based on a review of other cities' regulations, staff recommends using 50% removal to define residential demolition. Council may also choose a different percentage or direct staff to consider other metrics. "Demolition" or "demolish" means removal 50 percent or more of the total surface area of exterior walls or perimeter foundation of a residential structure as it existed on [effective date of ordinance), either as a single project or cumulatively over five years or less. "Exterior walls" and "gross building floor area" are also defined in the proposed ordinance. At the May 3 City Council public hearing, staff will present additional background. RECOMMENDATION Conduct a public hearing and enact Ordinance 2894 specifying a preferred percentage of residential structure removal constituting demolition and adding related definitions. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 5 FISCAL IMPACT The amendment is likely to result in an increase in the number of residential building projects subject to the demolition tax. A 20% increase, for example, would generate approximately $100,000 gross demolition tax revenue annually. Assuming 15% overhead, net revenue would be approximately$85,000. ATTACHMENTS 1. Ordinance 2894, 04/22/2022 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 ORDINANCE 2894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING THE DEFINITION OF DEMOLITION AND ADDING RELATED DEFINITIONS IN LOC 45.12.100 DEMOLITION OF DWELLINGS. Whereas, LOC 45.12.100(1)(b) defines "demolition" or "demolish" as pertains to dwellings, and requires that applicants for dwelling demolitions notify owners of abutting residential properties prior to commencing demolition; Whereas, LOC Article 24.06 requires the owners of properties where demolition permits under LOC 45.12.100 are issued for residential structures to pay a demolition tax; Whereas,the requirement that applicants for dwelling demolitions notify abutting property owners prior to commencing demolition helps protect public health and safety and promotes neighborhood livability; Whereas, under this definition of demolition, a residential structure may be almost entirely removed (only one wall left standing) without qualifying as a demolition, contravening the purposes of the demolition noticing requirement and the demolition tax. Whereas, the Oregon Residential Specialty Code, Section R101.2.3 and the Oregon Structural Specialty Code, Sec. 101.2 permit local jurisdictions to regulate demolitions through their own ordinances and these local regulations are not subject to State Building Codes; The City of Lake Oswego ordains as follows: Section 1. Section LOC 45.12.100(1) of the Lake Oswego Code is hereby amended by adding the text shown in bold. double-underlined type and deleting the text shown in strikcthrough type, as follows: 45.12.100 Demolition of dwellings. 1. Definitions. // b. "Demolition" or "demolish" means: i. Removal of all exterior walls; removal of 50 percent or more of the total surface area of exterior walls or perimeter foundation of a residential structure as it existed on (effective date of ordinance!. either as a single proiect or cumulatively over five years or less Ordinance 2894 Page 1of2 ii. Removal of the superstructure (the part of the building or construction above the lowest subflooring; "lowest subfloor" is the bottommcit-structural floor Icid as a base for a finished floor), such that none of the existing superstructure is mcintcincd; Of iii. Alteration, clxxidonment or removal of all of the existing perimeter foundation. c. "Exterior wall" for the purpose of LOC 45.12.100 means a wall enclosing a dwelling that has a surface exposed to the outside. including all framing and sheathing. from ton plate to bottom plate on all stories. Section 2. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 3rd day of May, 2022. AYES: NOES: ABSTAIN: EXCUSED: Joseph M. Buck, Mayor ATTEST: Kari Linder, City Recorder APPROVED AS TO FORM: Jason Loos, City Attorney Ordinance 2894 Page 2 of 2 8.2 erCOUNCIL REPORT o OREGOt.4 Subject: Ordinance 2893, Special Street Setback Code Amendment- LU 22-0004 Meeting Date: May 3, 2022 Staff Member: Evan Fransted, AICP, Senior Planner Report Date: April 22, 2022 Department: Community Development Department Action Required Advisory Board/Commission Recommendation ❑X Motion ❑X Planning Commission Recommends Approval ❑X Public Hearing ❑ Denial ❑X Ordinance El None Forwarded ❑ Resolution ❑ Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Conduct a public hearing on Ordinance 2893 to amend Community Development Code (LOC Chapter 50) Recommended Language for Motion: Move to tentatively approve Ordinance 2893 and direct staff to return on May 17, 2022 with a final version of the ordinance, including findings and conclusions for LU 22-0004. Project/ Issue Relates To: Support continuous improvement, outstanding customer service, infrastructure investments, and fiscal policies that increase public trust in the City. Improve transportation connections, mobility and safety for all travelers and for all types of trips in Lake Oswego. Conserve the community's quality of life by planning for change and growth ❑X Council Goals ❑X Comprehensive Plan ❑Not Applicable ISSUE BEFORE COUNCIL Whether to remove the Special Street Setback requirement from a section of public right-of-way on South Shore Boulevard. EXECUTIVE SUMMARY The purpose of the Special Street Setback (SSS) is to assure an adequate front yard setback is available in the event of possible future street improvements, such as additional lanes, pedestrian and bicycle facilities, transit facilities, drainage management improvements, lighting, and street 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.city Page 2 landscaping. The proposed amendment removes the SSS requirement from a section of public right-of-way on South Shore Boulevard between Lakeview Boulevard and Blue Heron Road in Table 50.04.002-1. The SSS along South Shore Boulevard is 40 feet (measured from the street centerline). The requirement affects approximately 54 properties with 21 structures that are nonconforming because they are located within the SSS abutting South Shore Boulevard between Lakeview Blvd. and Blue Heron Road. The SSS is a minimum dimensional standard that cannot be modified using the variance procedures in the Community Development Code (LOC 50.08) or under LOC Chapter 42 Streets and Sidewalks. Engineering staff has studied this section of street right-of-way (ROW) and finds the existing 60- foot ROW can accommodate future public improvements based on the City's Transportation System Plan, such as pedestrian and bike improvements, that may be planned for that segment of roadway (See Map in Exhibit A-1, Attachment 3). The City would maintain the SSS (in order to maintain front yard setbacks) only if additional ROW was needed for future street improvements. Further, for some properties in the subject area, acquisition of additional ROW would either require the removal of homes, garages, and boathouses, which would be too costly and impactful to the character of the neighborhood, or it would result in substandard setbacks, which might also reduce property values. In summary, staff recommends removal of the SSS of 40 feet because it is not necessary for future street improvements for that section of South Shore Boulevard. BACKGROUND The Planning Commission held a public hearing on the proposal on March 28, 2022. The Commission recommends approval of Ordinance 2893 as reflected in the Findings, Conclusion, and Order adopted on April 11, 2022 (Exhibit B-1). The proposed code text is contained in Attachment 2 to Ordinance 2893 (Exhibit A-1). FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council tentatively approve LU 22-0004 as recommended by the Planning Commission, and direct staff to return on May 17, 2022 with a final version of Ordinance 2893, including findings and conclusions. EXHIBITS A. Draft Ordinances A-1 Draft Ordinance 2893, 3/18/22 Attachment 1: Reserved for City Council Findings (not included) Attachment 2: Special Street Setback Code Amendment, 2/11/22 Attachment 3: Map of Properties within South Shore Boulevard Special Street Setback, 2/14/22 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 3 B. Findings, Conclusions and Order B-1 Planning Commission Findings, Conclusions and Order, 4/11/22 (see Attachment 2 of Ordinance 2893 dated 3/18/22) C. Minutes C-1 Planning Commission Minutes— Public Hearing, 3/28/22 D. Staff Memos & Reports D-1 Planning Commission Staff Report, 3/18/22 E. Graphics/Plans [No current exhibits] F. Written Materials [No current exhibits] G. Public Testimony G-1 Email from Lori Friedman, 4/21/22 Staff reports and public meeting materials can be found by visiting the project webpage. Use the link below to visit the City's "Project" page. In the "Search" box enter LU 22-0004 then press "Enter": https://www.ci.oswego.or.us/all-projects 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city EXHIBIT A-1 ORDINANCE 2893 AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING LOC CHAPTER 50 (COMMUNITY DEVELOPMENT CODE)TO REMOVE THE SPECIAL STREET SETBACK ALONG A SECTION OF SOUTH SHORE ROAD; AND, ADOPTING FINDINGS (LU 22-0004). WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the manner required by law; and WHEREAS, a public hearing before the Planning Commission was held on March 18, 2022, at which the staff report, testimony, and evidence were received and considered; and WHEREAS, the Planning Commission has recommended that LU 22-0004 be approved by the City Council; and WHEREAS, a public hearing on LU 22-0004 was held before the City Council of the City of Lake Oswego on May 3, 2022, at which the staff report, testimony, and evidence were received and considered; and WHEREAS, these amendments to the Lake Oswego Code, Chapter 50 (Community Development Code) are intended to remove ambiguous and conflicting language, correct the text, and add clarifying text which is consistent with past interpretations; The City of Lake Oswego ordains as follows: Section 1. The City Council hereby adopts the Findings and Conclusions (LU 22-0004), attached as Attachment 1. Section 2. The Lake Oswego Code, Chapter 50 (Community Development Code) is hereby amended by adding new text shown in double underlined type, in Attachment 2. (Sections or subsections within LOC Chapter 50 that are omitted in Attachment 2, and not marked for deletion or addition, are neither amended nor deleted by this Ordinance.) Section 3. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. // Ordinance 2893 (LU 22-0004) PAGE 1 Section 4. Effective Date. As provided in Section 35C of Chapter VII of the Lake Oswego Charter, this ordinance shall take effect on the thirtieth day following enactment. Enacted at the meeting of the City Council of the City of Lake Oswego held on the 3rd day of May 2022. AYES: NOES: ABSTAIN: EXCUSED: Joseph M. Buck, Mayor Dated: ATTEST: Kari Linder, City Recorder APPROVED AS TO FORM: Jason Loos, City Attorney Ordinance 2893 (LU 22-0004) PAGE 2 LU 22-0004 DRAFT 2-11-22 SPECIAL STREET SETBACK CODE AMENDMENT 50.04.002 SPECIAL STREET SETBACKS 1. PURPOSE To assure an adequate front yard setback is available in the event of possible future street improvements, such as additional lanes, pedestrian and bicycle facilities, transit facilities, drainage management improvements, lighting, and street landscaping. 2. ESTABLISHMENT OF SPECIAL STREET SETBACK REFERENCE LINE The City Engineer establishes the centerline from which the special street setback reference line is measured, pursuant to LOC 50.04.002.3. 3. METHOD OF MEASUREMENT The special street setback (SSS) shall be measured from the SSS reference line (as established pursuant to LOC 42.03.135), the prescribed special setback distance in LOC 50.04.002.5. On these streets, the front yard begins at either the front lot line or the SSS, whichever is furthest from the reference line. 4. PRIORITY OF OTHER PLANS Special street setbacks are minimums. If a greater amount of additional right-of-way is warranted by improvements identified in a traffic impact study, corridor study, or transportation system plan, then the greater amount shall prevail. 5. SPECIAL STREET SETBACK LIST The special street setbacks set forth in Table 50.04.002-1 shall not be reduced, except as provided in the table. TABLE 50.04.002-1: SPECIAL STREET SETBACKS Affected From To Special Setback Streets Bangy Rd. South of Alyssa 30 ft. Terrace Bergis Rd. Cornell St. Stafford Rd. 30 ft. Bergis Rd. Cornell St. Skylands Rd. 25 ft. Boones Mercantile Dr. Madrona St. 50 ft., unless reduced by the City Engineer, finding Ferry Rd. that the purpose is met by a lesser amount. Attachment 2 to Ordinance 2893/Page 1 of 4 LU 22-0004 DRAFT 2-11-22 TABLE 50.04.002-1: SPECIAL STREET SETBACKS Affected From To Special Setback Streets Boones Madrona St. West Sunset Dr. 50 ft. Ferry Rd. Bonita Rd. 30 ft. Bryant Rd. Boones Ferry Rd. Lake View Blvd. 40 ft. Bryant Rd. Lake View Blvd. Childs Rd. 30 ft. Burma Rd. 25 ft. "C"Ave. State St. alley Country Club 30 ft. Rd. Carman South and west 40 ft. Drive of Kruse Way Cornell St. Larch St. Bergis Rd. 30 ft. Egan Way East/west leg only 20 ft. Fielding Rd. 20 ft. Firwood 30 ft. between Boones Ferry Rd. and Waluga Dr.; Road 20 ft.west of Waluga Dr. Gassner Ln. 20 ft. Inverurie North of 20 ft. Rd. Washington Ct. Knaus Rd. 30 ft. Lake Grove 20 ft. Ave. Lake View Bryant Rd. Iron Mt. Blvd. 25 ft., except between South Shore Blvd. and Blvd. Summit Ct. Lamont 20 ft. Way Lanewood Through south 20 ft. St. leg of Douglas Circle Laurel St. Dyer St. Hallinan St. 30 ft. Lower Dr. 25 ft. Attachment 2 to Ordinance 2893/Page 2 of 4 LU 22-0004 DRAFT 2-11-22 TABLE 50.04.002-1: SPECIAL STREET SETBACKS Affected From To Special Setback Streets McVey Ave. State St. South Shore 40 ft. Blvd. Madrona St. 25 ft. North Shore Abutting the 30 ft. measured from the south line of the railroad Rd. railroad right-of- right-of-way way Oakridge Quarry Rd. Bonaire Ave. 25 ft. Rd. Oakridge Quarry Rd. Boones Ferry 30 ft. Rd. Rd. Overlook 30 ft. Dr. Pilkington South of Special street setback line shall be measured 30 ft. Road Rosewood St. from the east line of Rosewood Plat. Quarry Rd. Boones Ferry Rd. Galewood St. 30 ft. and extension to Carman Dr. Reese Rd. Boones Ferry Rd. Upper Dr. 30 ft. Rosewood Pilkington Rd. Tualatin St. 25 ft. St. South Shore 40 ft., except between Lakeview Blvd. and Blue Blvd. Heron Road. Stafford Rd. 40 ft. State Street 50 ft., unless reduced by the City Engineer through the minor development procedure,finding that applicable ODOT standards and the purpose in LOC 50.04.002.1 are met by a lesser amount. Summit Dr. Lake View Blvd. Ridgewood Rd. 20 ft. Sunset Dr. 20 ft. Tualatin St. 20 ft. Twin Fir Rd. Boones Ferry Rd. Upper Dr. 30 ft. Attachment 2 to Ordinance 2893/Page 3 of 4 LU 22-0004 DRAFT 2-11-22 TABLE 50.04.002-1: SPECIAL STREET SETBACKS Affected From To Special Setback Streets Upper Dr. 25 ft. Waluga Dr. South of Oakridge North of 20 ft. Rd. Madrona St. West West of West 20 ft. Sunset Dr. Lake Grove Design District Boundary Attachment 2 to Ordinance 2893/Page 4 of 4 a' o000 8,1to Properties Within the 0 Alir Southshore Rd. Setback ��JP• cor 43)S Setback based on the right-of-way centerline 60� Structures within the setback N 7 ft wa' 4321 43 Oswego 0 100 200 300 400 500 t, s? Feet 424 \::,e Lake 2/l4/2022CP � a'rna, 00 42/ 7 6645 4191 i„-, lifr : j 61 .Ci 4162 O 4j?S co 4144 4155 w 1675a ��.�� �s>s> s. -4 C\RC�E 16691 x� 16806 J P 76644, �0c. �g �MM ' 763931 • 820 �3867 illh168 s264 7 a' il 163V 6 S80 786s16g6S 9 v 16S6 7 1O 6S6) 66 16870 16871 1wtda) (03 N G18 '$ 766886 76 w16875 0 16878 16879 - 0 o a w 9 S476216888 16899 0 16942 �0 76,, 64 1 16951 j 16938 _ . 4> o 0 o S2 6>>3 - 3 a 16983 16978 76�30 Q� 16968 16962 203 P o i 3712 • w w �.• 76>2 w� 169� 16950 4111 cri 17475 ■ -1 cn O S WAY o 17017 > 17036• 0 17010 17454 117443 1 17p37 N o t®1698j 169 64 =1,) cr 0 0 0 r 17440 I 17437 17060 17'06 Gerber w 169 _ 9P o 0 0 0 1707917084 17427 17085 17108Pond a, itiloe0 7,3617107 1 PO > O 44/ 17104 >0 4 >>� 17129 ,76� �O ,,,7-0 A • rn a n, 0 17151 �j ,o �> >0 ® 17112 7�7 > 00 WAY 17200 G>' ..•-_, ems,, 7��, �a 7� sa - �� �> s �, s 7j2s �> >0 QP� 0 0 o moo' . �0� �j `a�i 1760 7 �� >� ��o O� 17157 •. et>111 No o i• , ,> >2� Sa �\ 7,2 �'2S 17196 2v0�" �Qi� 7,..„ •��' O� • A N tU82 ►, '4 K64`spa, `�a > a A . . ent . if • .NA. i;- / :93/Pad. .f j2 ���e 7, ' eo, s 1 �7�44 II �, a• ROAD 1�?a 77 01_ Cr) EXHIBIT B-1 APPROVED: 04/11/2022 1 BEFORE THE PLANNING COMMISSION 2 OF THE 3 CITY OF LAKE OSWEGO 4 5 A REQUEST FOR AN AMENDMENT TO THE ) LU 22-0004—2023 6 COMMUNITY DEVELOPMENT CODE TO ) (CITY OF LAKE OSWEGO) 7 REMOVE THE SPECIAL STREET SETBACK ) FINDINGS, CONCLUSIONS & ORDER 8 REQUIREMENT FROM A SECTION OF 9 SOUTH SHORE BOULEVARD AND 10 ADOPTING ORDINANCE 2883. 11 12 NATURE OF APPLICATION 13 14 The City of Lake Oswego is requesting approval of an legislative amendment (Ordinance 2893) 15 to the Community Development Code, Table 50.04.002-1, to remove the Special Street Setback 16 requirement from a section of public right-of-way on South Shore Boulevard between Lakeview 17 Boulevard and Blue Heron Road. 18 19 HEARINGS 20 21 The Planning Commission held a public hearing and considered this application at its meeting 22 on March 28, 2022. No additional testimony was received after issuance of the staff report. 23 24 CRITERIA AND STANDARDS 25 26 A. Transportation Planning Rule (Chapter 660. Division 12) 27 28 B. Regional Transportation Functional Plan-Metro Code 29 30 Title 1: Transportation System Design, Street System Design, Metro Code 31 Section 3.08.110 32 Title 6: Exception from Compliance, Metro Code Section 3.08.630 33 34 C. City of Lake Oswego Comprehensive Plan 35 36 Land Use Planning 37 Policies A-1.e; A-2.c 38 Community Culture 39 Citizen Involvement Section, Policy 1 40 Complete Neighborhoods & Housing 41 Housing Location and Quality, Policy A-5 42 Connected Community 43 Policies: Safety A-1; Transportation Choices B-3; Efficiency C-7; Accessibility D-5; 44 Connectivity E-1 LU 22-0004-2023 Exhibit B-1/Page 1 of 3 APPROVED: 04/11/2022 1 2 D. City of Lake Oswego Community Development Code 3 4 LOC 50.07.003.3.c. Published Notice for Legislative Hearing 5 LOC 50.07.003.16a Legislative Decisions Defined 6 LOC 50.07.003.16b Criteria for Legislative Decision 7 LOC 50.07.003.16c Required Notice to DLCD 8 LOC 50.07.003.16.d.iii Planning Commission Recommendation 9 LOC 50.07.003.16.e City Council Review and Decision 10 11 CONCLUSION 12 13 The Planning Commission concludes that the recommended Code Amendment in Attachment 2 14 of proposed Ordinance 2893 is in compliance with all applicable criteria. 15 16 FINDINGS AND REASONS 17 18 The Planning Commission (Commission) incorporates the staff report, dated March 18, 2022 19 (with all exhibits attached thereto), on LU 22-004 as support for its decision. 20 21 ORDER 22 23 IT IS ORDERED BY THE PLANNING COMMISSION of the City of Lake Oswego that: 24 25 1. The Planning Commission recommends that proposed Ordinance 2893, with Attachment 26 2, [LU 22-0004] be approved by the City Council. 27 28 LU 22-0004-2023 Exhibit B-1/Page 2 of 3 APPROVED: 04/11/2022 1 I CERTIFY THAT THIS ORDER was presented to and APPROVED by the Planning Commission of 2 the City of Lake Oswego. 3 4 DATED this 11th day of April, 2022. 5 6 7 8 Is/ Robert Heape 9 Robert Heape, Chair 10 Planning Commission 11 12 13 PRELIMINARY RECOMMENDATION - March 28, 2022 14 15 AYES: Buchanan, Heape, Leek, Pape, Phillips, Rigby 16 NOES: None 17 ABSTAIN: None 18 EXCUSED: Stewart 19 20 ADOPTION OF FINDINGS AND ORDER - April 11, 2022 21 22 AYES: Buchanan, Heape, Leek, Phillips, Rigby, Stewart 23 NOES: None 24 ABSTAIN: None 25 EXCUSED: Pape LU 22-0004-2023 Exhibit B-1/Page 3 of 3 EXHIBIT C-1 APPROVED: 04/25/2022 { ` ' CITY OF LAKE OSWEGO Planning Commission Minutes ` maw March 28, 2022 1 2 1. CALL TO ORDER 3 Chair Heape called the meeting to order at 6:30 p.m., in the City Hall Council Chamber, at 380 A 4 Avenue, Lake Oswego, OR 97034. 5 6 2. ROLL CALL 7 Members present were Chair Robert Heape, Vice Chair Christian Pape, and Commissioners Rex 8 Buchanan, Helen Leek, Don Phillips, and Miles Rigby*. Commissioner Philip Stewart was 9 excused. 10 11 Staff present were Scot Siegel, Community Development Director; Evan Boone, Deputy City 12 Attorney; Erica Rooney, City Engineer and Public Works Director; Evan Fransted, Senior Planner; 13 Johanna Hastay, Senior Planner; and Iris McCaleb, Administrative Assistant. 14 15 Also present was Ken Sandblast*, representing the Lake Grove Business Association. 16 17 *Participated remotely. 18 19 3. COUNCIL UPDATE 20 Chair Heape noted that Councilor Manz was traveling and shared an update she provided. - e 21 recommended that those interested in learning more about what was going on with der•• ition, 22 watch the March 17, 2022, Council meeting for an update. 23 24 4. PUBLIC COMMENT 25 None. 26 27 5. COMMISSION FOR CITIZEN INVOLVEMENT (CCI) — GE► ' -AL UPDATES 28 The following announcements were made: 29 • The Blue Heron Neighborhood Associ. 'on has a meeting scheduled for Wednesday, April 30 20, 2022 31 • The Westridge Neighborhood ' sociation has a general membership meeting scheduled 32 for Wednesday, April 20, . 2. 33 34 6. MINUTES 35 6.1 February 28, 2022 36 6.2 March 14, 202 37 Com sinner Leek moved to approve the Minutes of February 28, 2022 and March 14, 2022, as 38 w en. Vice Chair Pape seconded the motion and it passed 6:0. 39 City of Lake Oswego Planning Commission March 28, 2022 Exhibit C-1/Page 1 of 3 APPROVED: 04/25/2022 1 7. PUBLIC HEARING 2 7.1 Community Development Code Amendments to Table 50.04.002-1 Special Street Setback 3 (LU 22-0004) 4 The Commission held a hearing to consider an ordinance amending Table 50.04.002-1 of the 5 Community Development Code (CDC)to remove the Special Street Setback requirement from a 6 section of public right-of-way on South Shore Boulevard between Lakeview Blvd. and Blue Heron 7 Road. All other setbacks requirements remained. Staff coordinator was Evan Fransted, Senior 8 Planner. 9 10 Chair Heape opened the public hearing. Mr. Boone outlined the applicable criteria and procedures. 11 At the time of declarations, there were no financial conflicts of interest reported. 12 13 Staff Report 14 Mr. Fransted gave a brief overview of the proposed amendment. He stated that the purpose of the 15 special street setbacks in the code was to ensure that an adequate front yard setback was 16 available in the event of possible future street improvements such as additional lanes, pedestrian, 17 bicycle facilities, transit facilities, drainage management improvements, lighting and street 18 landscaping. He also stated that it was important to point out that special street setbacks were a 19 minimum dimensional standard that could not be modified through variance process and there 20 were no exceptions. 21 22 Mr. Fransted explained that the proposed amendment would remove the Special Street Setback 23 (SSS) requirement from Table 50.04.002-1, the section of public right-of-way on South Shore 24 Boulevard between Lakeview Boulevard and Blue Heron Road. He noted that the requirement 25 affected 54 properties and 21 structures abutting South Shore Boulevard and that the SSS was 40- 26 feet (measured from the street centerline). He advised that Engineering staff had studied this 27 section of the street right-of-way and found that the existing 60-foot right-of-way would 28 accommodate any future improvement. He clarified that the amendment did not affect compliance 29 with the Transportation System Plan, Metro or State requirements. He stated the Transportation 30 System Plan identified public right-of-way width from 60 to 80 feet from major collectors, including 31 South Shore, depending on whether they included medians, on-street parking and proximity to 32 existing housing. He indicated that the subject area of South Shore Boulevard precluded extensive 33 widening being a viable option for future cross-section because the removal of homes, garages 34 and boat houses would be too costly and impactful to the character of the neighborhood. 35 36 Questions of Staff 37 Mr. Fransted confirmed for the Commission that no public comments had been submitted. Ms. 38 Rooney also advised that the existing 60 feet of right-of-way was sufficient for any kind of future 39 improvements needed in the foreseeable future and that an 80-foot right-of-way was not needed 40 through this corridor. She pointed out that there were 24 existing buildings where it would be 41 problematic if they wanted to make modifications under the current code and variances were not 42 allowed in the SSS. Mr. Boone explained that the purpose of the special street setback was to 43 assure that if the roadway was expanded the front yard was relative to the zone. He also 44 confirmed for the Commission that the City always had the right to acquire by purchase or 45 condemnation additional right-of-way for public purposes. 46 47 When asked what the impetus was for bringing the proposed code amendments forward, Mr. 48 Fransted explained that there was a property owner with a non-conforming structure (shed)that 49 existed partially in the SSS that could not be remodeled, replaced or relocated due to the shape of 50 their property. Staff explained that when they began looking into the issue and the development 51 patterns along this section of South Shore Boulevard, they found that this non-conforming structure 52 was not a unique situation. When asked how staff determined what portion of South Shore to 53 include in the proposed amendment, staff indicated that they looked at existing right-of-way and the City of Lake Oswego Planning Commission March 28, 2022 Exhibit C-1/Page 2 of 3 EXHIBIT D-1 APPROVED: 04/25/2022 1 stretch between Lakeview Boulevard and Blue Heron Road because it was consistent; this stretch 2 also had similar neighborhood character and was prior to it going uphill and that Lakeview was very 3 different. Chair Heape expressed concern about the north bound side of South Shore where the 4 road bends and curves and how the walkway narrowed to about a foot wide, he questioned if 5 losing the SSS would prevent future improvements. Ms. Rooney advised that the actual physical 6 road was not centered in the roadway and any type of improvement would necessitate shifting the 7 road which would be a major change. Staff also pointed out that vegetation was an issue from a 8 sighting perspective and there were significant encroachments in the right-of way regarding 9 vegetation in particular. She reiterated that there were no current plans to do any improvements 10 and that the 60-foot right-of-way would be sufficient. Ms. Rooney confirmed that there would still 11 be three properties currently in the setback that would remain problematic. 12 13 Public Testimony 14 None. 15 16 Chair Heape closed the public testimony portion of the hearing. 17 18 Deliberations 19 There were no further questions or comments. 20 21 Vice Chair Pape moved to recommend approval of proposed amendment (LU 22-0004)to City 22 Council. Commissioner Leek seconded the motion and it passed 6:0. 23 24 Chair Heape instructed staff to return with the written Findings, Conclusion and Order on April 11, 25 2022. 26 27 8. WORK SESSION 28 8.1 West Lake Grove and Lake Grove Village Center Overlay Design Standards 29 Work Session-1 (PP 20-0002) 30 The Lake Grove Business Association (LGBA) provided an update on the group's p -•ress, including 31 presentation of a refined project scope and initial code concepts for discussion. : aff coordinator 32 was Johanna Hastay, Senior Planner. Ken Sandblast with the Lake Grove :.siness Association 33 provided an update. 34 35 Action Items 36 • The LGBA expects to complete their work within the ►-xt several weeks and deliver a draft 37 to City staff for review. 38 • Staff to review draft and discuss at Work Se : on #2, tentatively scheduled for May. 39 • Staff to reach out to USPS (Lake Grove or potential opportunity of volunteers to help 40 cleanup landscape. 41 42 9. OTHER BUSINESS 43 None. 44 45 10. SCHEDULE REVIEW 46 Mr. Siegel revie -: the schedule forecast. 47 48 Action It-• s 49 • : aff to schedule tour of non-conforming development and demolition for May 23ra 50 Mr. Siegel to work with Chair Heape on scheduling tour of Palisades neighborhood, they have 51 expressed interest for a tour the end of April, possibly April 30th City of Lake Oswego Planning Commission March 28, 2022 Exhibit C-1/Page 3 of 3 STAFF REPORT CITY OF LAKE OSWEGO PLANNING AND BUILDING SERVICES DEPARTMENT APPLICANT FILE NO. City of Lake Oswego LU 22-0004 LOCATION STAFF South Shore Blvd. between Lakeview Blvd. and Evan Fransted, Senior Planner Blue Heron Rd. Erica Rooney, City Engineer DATE OF REPORT PLANNING COMMISSION HEARING DATE March 18, 2022 March 28, 2022 I. APPLICANT'S REQUEST The City of Lake Oswego proposes to amend the Community Development Code, Table 50.04.002- 1, to remove the Special Street Setback requirement from a section of public right-of-way on South Shore Boulevard between Lakeview Boulevard and Blue Heron Road. Ordinance 2893, which would enact this change is attached as Exhibit A-1. II. APPLICABLE REGULATIONS A. Transportation Planning Rule (Chapter 660, Division 12) B. Regional Transportation Functional Plan-Metro Code Title 1: Transportation System Design, Street System Design, Metro Code Section 3.08.110 Title 6: Exception from Compliance, Metro Code Section 3.08.630 C. City of Lake Oswego Comprehensive Plan Land Use Planning Policies A-1.e; A-2.c Community Culture Citizen Involvement Section, Policy 1 Complete Neighborhoods & Housing Planning Commission Public Hearing March 28, 2022 LU 22-0004 Exhibit D-1/Page 1 of 8 Housing Location and Quality, Policy A-5 Connected Community Policies: Safety A-1; Transportation Choices B-3; Efficiency C-7; Accessibility D-5; Connectivity E-1 D. City of Lake Oswego Community Development Code LOC 50.07.003.3.c. Published Notice for Legislative Hearing LOC 50.07.003.16a Legislative Decisions Defined LOC 50.07.003.16b Criteria for Legislative Decision LOC 50.07.003.16c Required Notice to DLCD LOC 50.07.003.16.d.iii Planning Commission Recommendation LOC 50.07.003.16.e City Council Review and Decision III. INTRODUCTION/BACKGROUND INFORMATION The proposed amendment removes the Special Street Setback (SSS) requirement from a section of public right-of-way on South Shore Boulevard between Lakeview Boulevard and Blue Heron Road in Table 50.04.002-1. The requirement affects 54 properties abutting South Shore Boulevard as shown in Exhibit A-1, Attachment 3. As stated in LOC 50.04.002, the purpose of the SSS is "To assure an adequate front yard setback is available in the event of possible future street improvements, such as additional lanes, pedestrian and bicycle facilities, transit facilities, drainage management improvements, lighting, and street landscaping." The SSS is a minimum dimensional standard that cannot be modified using the variance procedures in the Community Development Code (LOC 50.08) or under LOC Chapter 42 Streets and Sidewalks. The SSS along South Shore Boulevard is 40 feet (measured from the street centerline). Engineering staff has studied the section of street right-of-way (ROW) where the removal of the SSS requirement is proposed (South Shore Boulevard between Lakeview Blvd. and Blue Heron Road), and finds the existing 60-foot ROW can accommodate future public improvements, such as pedestrian and bike improvements, that may be planned for that segment of roadway (See Map in Exhibit A-1, Attachment 3). The Transportation System Plan (TSP) generally identifies an ultimate ROW width of between 60 feet and 80 feet for major collectors including South Shore Boulevard, depending on whether they include medians and on-street parking. Proximity of existing housing along the corridor precludes the idea of extensive widening being a viable option for a future cross-section, as the removal of homes, garages, and boathouses would be too costly and impactful to the character of the neighborhood. Therefore, the SSS of 40 feet is not necessary to assure an adequate front yard setback is available for future street improvements for that section of South Shore Boulevard. Planning Commission Public Hearing March 28, 2022 LU 22-0004 Exhibit D-1/Page 2 of 8 IV. NOTICE OF APPLICATION This application is being processed as a legislative land use proposal [LOC 50.07.003.16.a]. A legislative decision is an amendment to the Policies, Procedures and Standards criteria applicable to a large number of parcels. It is generally a policy decision which is up to the discretion of the City Council (with the recommendation from the Planning Commission), but shall: ■ Comply with any applicable State law; ■ Comply with any applicable Statewide Planning Goal' or administrative rule adopted pursuant to ORS chapter 197; and, ■ In the case of a legislative amendment to the CDC, comply with any applicable provision of the Lake Oswego Comprehensive Plan. The Planning Commission will conduct a public hearing on the proposed legislative text amendment and make a recommendation to the City Council. A. Newspaper Notice On March 8, 2022, public notice of the proposed amendment and Planning Commission public hearing was published in the Lake Oswego Review. B. ORS 227.186 (Measure 56) Notice As the proposed text amendment removes a requirement from a section of public right-of-way, no notice of the proposal was required by ORS 227.186 (Measure 56). C. DLCD Notice Pursuant to LOC 50.07.003.16.c and ORS 197.610, staff provided notice of the proposed CDC text amendment to the Oregon Department of Land Conservation and Development (DLCD). D. Metro Notice Pursuant to Metro Code 3.07.810 and .820, staff provided notice of the proposed CDC text amendment to Metro not less than 45 days prior to the hearing date. V. COMPLIANCE WITH APPROVAL CRITERIA This legislative amendment to the CDC shall comply with the following criteria: A. Transportation Planning Rule (OAR Div. 660-012) 1 The Statewide Planning Goals are not applicable to amendments to land use regulations following the adoption and acknowledgement of the Lake Oswego Comprehensive Plan. Planning Commission Public Hearing March 28, 2022 LU 22-0004 Exhibit D-1/Page 3 of 8 The City of Lake Oswego is required to comply with the State's Transportation Planning Rule (TPR)(OAR 660-012). It is adopted as an administrative rule pursuant to ORS 197.040. See OAR 660-012-0000 statutory authority statement. The purpose of the Transportation Planning Rule is to provide and encourage a safe, convenient and economic transportation system; to coordinate a land use and transportation system that supports a pattern of travel and land use in urban areas that will avoid air pollution, and traffic and livability problems; ensure a mix of transportation facilities and services to ensure economic, sustainable and environmentally sound accessibility for all Oregonians; and to ensure coordination among levels of government and transit providers [OAR 660-012-0000(1)]. The City's Transportation System Plan (TSP), updated in 2014, complies with the Transportation Planning Rule. The CDC implements the policies of the Connected Community Chapter of the City's Comprehensive Plan, which are the same policies found in the TSP (See Comprehensive Plan, page. 115). The proposed amendment to the Community Development Code,Table 50.04.002-1 Street Setbacks, removes the special street setback for a section of South Shore Boulevard. Engineering staff has studied the section of street ROW where the removal of the SSS requirement is proposed and finds the existing 60-foot ROW can accommodate future pedestrian, transit, and bike improvements that may be planned for that segment of roadway. The proposed amendment does not affect compliance with the TPR because compliance with TSP standards will be met, and, per the proposed code text, "assure an adequate front yard setback is available in the event of possible future street improvements, such as additional lanes, pedestrian and bicycle facilities, transit facilities, drainage management improvements, lighting, and street landscaping." These provisions ensure that the transportation system is coordinated with land use [OAR 660-012-0020(2)(b) and OAR 660-012-0045]. Conclusion: The amendment is consistent with the TPR. B. Regional Transportation Functional Plan-Metro Code Title 1: Transportation System Design, Street System Design, Metro Code Section 3.08.110 The Metro Regional Transportation Functional Plan [Metro Code 3.08] requires that local governments maintain transportation standards that are consistent with Metro Code Section 3.08.110. The City must maintain standards that allow for implementation of Metro guidelines for Complete Streets ("Complete Street Design Guidelines for 2040"), Green Streets, and Transit-Supportive Street Designs. [Metro Code 3.08.110.A.1] The proposed amendment does not affect compliance with Metro Code because it maintains current street design standards for South Shore Boulevard as adopted in the city's TSP pursuant to State and Metro requirements. Planning Commission Public Hearing March 28, 2022 LU 22-0004 Exhibit D-1/Page 4 of 8 The Special Street Setback (SSS), which is not a street design standard, is maintained. The amendment simply removes the SSS in a section of South Shore Boulevard where the City Engineer found that the purpose of LOC 50.04.02 Special Street Setbacks are met with the existing conditions. The purpose of LOC 50.04.02 is to "assure an adequate front yard setback is available in the event of possible future street improvements, such as additional lanes, pedestrian and bicycle facilities, transit facilities, drainage management improvements, lighting, and street landscaping." This purpose is consistent with Metro Code Section 3.08.110.A.1. Conclusion: The amendment is consistent with the Metro RTFP and Metro Code. C. City of Lake Oswego Comprehensive Plan The following Comprehensive Plan Policies apply to this proposal: Land Use Planning Chapter Policies Development (Community Development Code) A-1.e: Maintain land use regulations and standards to: e. Provide for necessary public facilities and services; Response: The removal of the SSS along a section of South Shore Boulevard will not affect the ability to provide public facilities and services because the existing 60- foot ROW can accommodate the public facilities and services that may be necessary for that segment of roadway. The City retains the ability to require street improvements with necessary public facilities, pursuant to the conditioning authority in LOC 50.07.003.5. This policy is not applicable. A-2.c: Ensure that land use regulations have sufficient flexibility to allow developers and the City to propose measures to: c. Avoid negative impacts on surrounding properties. Response: The conditioning authority in LOC 50.07.003.5 allows the City to require conditions on a development permit, such as improvements to public facilities, in order to avoid negative impacts on surrounding properties. Removal of the SSS along a section of South Shore Boulevard will not affect the ability of the City to require such conditions on a development permit; therefore, this policy is met. Community Culture Chapter Policies Civic Engagement Policy 1 1: Provide citizen involvement opportunities appropriate to the scale of a given planning effort, and ensure those affected by a Plan have opportunities to participate in the planning process. Planning Commission Public Hearing March 28, 2022 LU 22-0004 Exhibit D-1/Page 5 of 8 Response: The proposed amendment removes an unnecessary restriction on the use of real property abutting a limited portion of South Shore Blvd. The amendment does not impose any new restriction on land use. Therefore, in order to promote efficient use of public resources, public participation in the planning process is being limited to public hearings before the Planning Commission and City Council. The citizen involvement process has been appropriately scaled to provide required public notice and opportunity for public comment at these hearings. This policy is met. Complete Neighborhoods& Housing Housing Location and Quality, Policy A-5 A-5: Provide land use regulations and standards, including special development setbacks for specific streets, to mitigate the impact of close proximity of traffic to residential uses. Response: Engineering staff has studied the section of street right-of-way (ROW) where the removal of the SSS requirement is proposed (South Shore Boulevard between Lakeview Blvd. and Blue Heron Road), and finds the existing 60-foot ROW can accommodate public improvements that may be planned for that segment of roadway.2 No additional impacts to the abutting residential properties from traffic will occur with the proposed amendment. This policy is met. Connected Community Safety A-1: Designate, implement, and maintain routes for walking and biking that support safe movements from residential areas to, through and along schools, parks, transit, employment centers, town centers, neighborhood villages, and commercial corners and neighborhood commons. Response: As discussed above, the existing 60-foot ROW along this section of South Shore Boulevard can accommodate future pedestrian and bike improvements that may be planned for that segment of roadway, notwithstanding the existence of nonconforming structures. The proposed amendment does not diminish existing or planned routes for walking or biking. As discussed above, the City Engineer has found that the purpose of LOC 50.04.02 is met to "assure an adequate front yard setback is available in the event of possible future street improvements, such as additional lanes, pedestrian and bicycle facilities, transit facilities, drainage 2 Existing structures on lots abutting South Shore Blvd.that are nonconforming as to minimum setback standards are subject to the separate requirements of LOC 50.01.006 Nonconforming Uses,Structures, Lots and Site Features. Planning Commission Public Hearing March 28, 2022 LU 22-0004 Exhibit D-1/Page 6 of 8 management improvements, lighting, and street landscaping." This purpose is consistent with Policy A-1. Transportation Choices B-3: Require development, redevelopment, and public transportation improvement projects to provide facilities that accommodate pedestrian, bicycle, and transit use, particularly in areas with identified gaps in the transportation system and in all employment centers, town centers, neighborhood villages, commercial corners, and neighborhood commons. Response: As discussed above, the proposed amendment does not remove or conflict with the requirement to plan for public facilities including transportation improvement projects. In addition, the lots abutting the subject portion of roadway are not within any of the areas identified in the above policy. This policy is not applicable. Efficiency C-7: Require development applicants to provide facilities for the movement of people to and from the site by walking, bicycling, automobiles and transit. Response: As stated, the proposed amendment does not inhibit the City's ability to require street improvements, pursuant to the conditioning authority in LOC 50.07.003.5. This policy is not applicable. D-5: Develop a coordinated transportation system that is barrier free (accessible) and serves the needs of people and businesses. Response: The proposal will not affect the City's ability to plan for an accessible transportation system, which is similar to Connected Community Policies C-7, above. This policy is not applicable. Connectivity E-1:Acquire right of way, where appropriate, through development for planned and required transportation facilities during the development review process. Response: The proposed amendment does not inhibit the City's ability to acquire right-of-way through the development review process, pursuant to the conditioning authority in LOC 50.07.003.5. This policy is not applicable. Planning Commission Public Hearing March 28, 2022 LU 22-0004 Exhibit D-1/Page 7 of 8 VI. CONCLUSION/RECOMMENDATION Based on the information presented in this report, staff recommends approval of the proposed code amendment. EXHIBITS A. Draft Ordinances A-1 Draft Ordinance 2893, draft 3/18/22 Attachment 1: Reserved for City Council Findings (not included) Attachment 2: Community Development Code Amendments, draft 3/18/22 Attachment 3: Map of Properties within South Shore Boulevard Special Street Setback B. Findings, Conclusion and Order [No current exhibits; reserved for hearing use] C. Minutes [No current exhibits; reserved for hearing use] D. Staff Reports[No current exhibits; reserved for hearing use] E. Graphics/Plans [No current exhibits; reserved for hearing use] F. Written Materials [No current exhibits; reserved for hearing use] G. Letters [No current exhibits; reserved for hearing use] This staff report and all exhibits referenced below are part of the record and can be found by visiting the land use webpage for case file LU 22-0004. Use the link below to visit the City's "Project" page. In the "Search" box enter LU 22-0004 then press "Submit": httb://www.ci.oswego.or.us/broiects (Under "Search" enter LU 22-0004, then press "Enter") Planning Commission Public Hearing March 28, 2022 LU 22-0004 Exhibit D-1/Page 8 of 8 EXHIBIT G-1 From: Linder.Kari To: "Lori Friedman" Cc: Fransted.Evan;McCaleb.Iris Subject: RE: [EXTERNAL]Southshore setbacks Date: Thursday,April 21,2022 3:11:02 PM Good Afternoon Lori, Thank you for your comments. Have a good day, Kari Linder,CMC I City Recorder City of Lake Oswego PO Box 369 1380 A Avenue Lake Oswego,OR 97034 Phone:503-534-4225 From: Lori Friedman [mailto:lori.friedman@me.com] Sent:Thursday, April 21, 2022 1:46 PM To: CityRecorder<cityrecorder@ci.oswego.or.us> Subject: [EXTERNAL] Southshore setbacks Dear City Planning Dept, I am in support of Amendments that would be implemented through the adoption of Ordinance 2893, which will be considered at the public hearing. The title of the ordinance is as follows: Ordinance 2893 An Ordinance of The Lake Oswego City Council Amending LOC Chapter 50 (Community Development Code)to Remove the Special Street Setback Along a Section of South Shore Road; and, Adopting Findings (LU 22-0004). Thank you in advance. Lori Friedman 3320 Southshore Blvd Lake Oswego, OR 97034 LU 22-0004 EXHIBIT G-1/PAGE 1 OF 1 9.1 D 4�• COUNCIL REPORT o PREGot.4 Subject: Resolution 22-15, A Resolution of the City Council of the City of Lake Oswego Nominating Representatives for Appointment to the Clackamas County Library District Advisory Committee Meeting Date: May 3, 2022 Staff Member: Melissa Kelly, Library Director Department: Library Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑X None Forwarded ❑X Resolution ❑ Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X Consent Agenda Staff Recommendation: Adopt Resolution 22-15 to nominate Library Advisory Board members Mark Pontarelli and Sherry Swackhamer for appointment to the Clackamas County Library District Advisory Committee. Recommended Language for Motion: Move to adopt Resolution 22-15. Project/ Issue Relates To: ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable BACKGROUND The 2008 ballot measure (3-310) that created the Library Service District of Clackamas County, as well as the intergovernmental agreement (IGA) signed after the creation of the Library District, describe the structure and role of the Library District Advisory Committee (LDAC). The primary roles of LDAC are to evaluate the provision of library services relative to Oregon Library Association standards, as well as any proposed changes to the IGA or the boundaries of the District, and to conduct an annual audit of District spending. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.city Page 2 The Board of County Commissioners acts as the governing board of the Library District. The IGA requires the District board to appoint as LDAC members the nominees of each city comprising the Library District. Nominees for LDAC are typically members of local library boards. No term lengths are specified in the ballot measure or IGA, but LDAC terms are effectively limited to the maximum membership term of local library boards. DISCUSSION The Lake Oswego Library Advisory Board (LAB) member who currently represents the City on LDAC is Jacquie Siewert-Schade. Ms. Siewert-Schade's term on LAB is about to expire on June 30, 2022. Therefore, it is appropriate for the City Council to nominate a new LDAC representative from among current LAB members. Furthermore, it is recommended that a second LAB member be nominated as an alternate. Most library cities now have an alternate representative appointed in addition to their primary representative, which supports the smooth functioning of LDAC. Current LAB member Mark Pontarelli is recommended for nomination to LDAC as the City's primary representative, due to his record of service and engagement on the Library Advisory Board. Mr. Pontarelli will bring strong communication skills and a strategic thinking approach to his LDAC role. Current LAB member Sherry Swackhamer is recommended for nomination to LDAC as the City's alternate representative. As the current chair of the Library Advisory Board, Ms. Swackhamer is a knowledgeable and engaged board member and will be in a position to stand in for Mr. Pontarelli as needed. RECOMMENDATION Adopt Resolution 22-15, nominating Library Advisory Board members Mark Pontarelli and Sherry Swackhamer for appointment to the Clackamas County Library District Advisory Committee. ATTACHMENT 1. Resolution 22-15 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 RESOLUTION 22-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO NOMINATING REPRESENTATIVES FOR APPOINTMENT TO THE CLACKAMAS COUNTY LIBRARY DISTRICT ADVISORY COMMITTEE WHEREAS, in 2008, Clackamas County voters approved Measure 3-310 creating the Clackamas County Library District; and WHEREAS, upon approval of Measure 3-310, the City Lake of Lake Oswego, together with Clackamas County and the other cities comprising the Library District, entered into an intergovernmental agreement (IGA) relating to Library District governance and funding allocations; and WHEREAS, the IGA calls for the Library District Board to appoint a Library District Advisory Committee (LDAC) consisting of nominees from each of the participating cities; and WHEREAS, the participating cities have historically nominated members of their local library advisory bodies to be members of the LDAC: and WHEREAS, the term of Lake Oswego's current LDAC representative on the Lake Oswego Library Advisory Board (LAB) will expire on June 30, 2022; and WHEREAS, the City Council finds that current LAB members Mark Pontarelli and Sherry Swackhamer are well qualified to represent Lake Oswego on the LDAC; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. Library Advisory Board member Mark Pontarelli is nominated for appointment as Lake Oswego's primary representative to the Clackamas County Library District Advisory Committee. Section 2. Library Advisory Board member Sherry Swackhamer is nominated for appointment as Lake Oswego's alternate representative to the Clackamas County Library District Advisory Committee. Section 2. Effective Date. This Resolution shall take effect upon passage. Considered and adopted at the regular meeting of the City Council of the City of Lake Oswego on the third day of May 2022. AYES: NOES: Resolution 22-15 Page 1 of 2 EXCUSED: ABSTAIN: Joseph M. Buck, Mayor ATTEST: Kari Linder, City Recorder APPROVED AS TO FORM: Jason Loos, City Attorney Resolution 22-15 Page 2 of 2