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Approved Minutes - 2022-06-07 CITY COUNCIL REGULAR MEETING MINUTES V June 7, 2022 aREGO� 1. CALL TO ORDER Council President Wendland called the regular City Council meeting to order at 3:01 p.m. on June 7, 2022. The meeting was held both virtually via video conferencing and in-person in the Council Chamber at City Hall, 380 A Avenue. 2. ROLL CALL Present: Council President Wendland, Councilors Nguyen, Verdick, Rapf, Manz and Mboup. Mayor Buck was excused. Staff Present: Martha Bennett, City Manager; Jason Loos, City Attorney; Megan Phelan, Assistant City Manager; Ivan Anderholm, Parks and Recreation Director; Kari Linder, City Recorder 3. PLEDGE OF ALLEGIANCE Council President Wendland led the Council in the Pledge of Allegiance. 4. PUBLIC COMMENT Jan Castle, Co-Chair, PrepLO, appreciated the emergency management report and the recommendation of staff to hire a part-time emergency manager. One important task of the new hire would be to coordinate emergency planning between the Lake Oswego School District and various other groups which was key because the School District's buildings, financed by the public, were to be used as emergency shelters or communications/distribution centers in the event of a major emergency, particularly the Cascadia Subjection Zone Earthquake. No official planning had been done to determine how buildings owned by the School District could be used by the City, a separate legal entity responsible for mass care of the population in the event of an emergency. She was disappointed that the coordination between the School District and City was on the delayed items list. Additionally, all potential emergencies had common planning elements and should be done at the same time. The new manager's job would be to pull those various elements together, which would be not possible if earthquake preparation was left out. With some minimal preplanning, equipment could be put in place and volunteers lined up who could step in and create a safe place for information, first aid, shelter, and food. Including the public would give them a stake in the planning and a purpose, which would help make them feel safer. She also encouraged the Council to consider security. The pandemic had highlighted how people could act City Council Regular Meeting Minutes Page 1 of 8 June 7, 2022 out with gun violence, which was not something that was considered before. People in emergency shelters would be congregating in one spot and perhaps become agitated so security should be considered. There was an urgency to all these issues, and she urged Council to consider hiring a full-time emergency management employee. 5. STUDY SESSIONS 5.1 Emergency Management Update Assistant City Manager, Megan Phelan thanked City Council for prioritizing Emergency Management in its 2022 Council Goals to ensure a safe and secure community for all. She assured the City was able to respond to emergencies and did so, rather, the update was an acknowledgement that the City was seeing more complex and less routine emergency situations and that trend was expected to continue. The existing emergency management plan did not address how to manage continuing operations under pandemic conditions. The February 2021 ice storm caused a multi-day power outage and different emergency situations over that five-to- seven-day period, followed by several months of debris cleanup. Most recently, a rainstorm temporarily overran some of the City's stormwater systems and shut down Highway 43 which significantly impacted traffic. The City's Emergency Management Program was coordinated amongst multiple staff representing several departments. Staff recommended the City invest in a half-time employee to ensure the City was able to meet community recommendations related to emergency and disaster response. Alternatively, the City could explore the possibility of either contracting with a consultant or agency or sharing staff with another local jurisdiction. The Staff report outlined the job description for the new position, however some policy items needed to be addressed by City Council, including reviewing and updating the Lake Oswego Community Code and ensuring coordination on policy decisions related to climate resiliency and funding of the capital improvement projects. The remaining projects and outcomes defined in the staff report would be taken up by the new hire or contractor with continued assistance from Staff. Staff recommended Council direct Staff to proceed as outlined in the Staff report. Councilor Rapf said he liked the plan but suggested whoever was hired to fill the role, whether a part-time employee, consultant, or shared hire, had a keen mind about the idiosyncrasies of Lake Oswego and how it was originally planned and how that would impact emergency management. Newer municipalities, such as Sherwood, did not share the same sewer problems, for example. Councilor Mboup noted that while the City did well in responding to the emergencies it faced, it was important to plan. He asked how urgently an employee was needed. He supported budgeting for a full-time position now. He had listened with concern to City engineers talk about the problems the sewer system faced, especially if the area experienced sustained rainfall. Ms. Phelan replied the Staff report was requesting a part-time position and Staff would be creative about how that was staffed initially. However, at some point the hire would have to be absorbed through the City's budget either through an additional FTE in the City Manager's office or additional funds dedicated to the City Manager's Department if the position was a contract hire or a shared hire with another City. The contracting/sharing option did come with tradeoffs as other areas would not be addressed in the immediate future, including coordinating relationships with community partners, emergency-oriented organizations, and public utilities to ensure greater emergency management coordination; pursuing grants or grant funding; and providing a higher-level of assistance to various departments on continuing operations and emergency plans specific to their day-to-day needs. In the future, if Council wanted to increase the investment in community management, it City Council Regular Meeting Minutes Page 2 of 8 June 7, 2022 was conceivable the position could be increased to 1 FTE but at this time, Staff recommended a .5 FTE. Councilor Verdick noted it was important to think about the future and was glad the City was moving forward with emergency preparedness. The City had done a great job coordinating emergencies as they came up, but emergencies would become more frequent. To Councilor Rapf's point, she leaned towards having an in-house hire who really knew the nuances of the community. Councilor Nguyen suggested the new position, whether part-time or contract, not only be familiar with the city, but also live close by or within the city itself and able to be present in case of emergencies. Noting Ms. Bennett was often the one in charge of emergencies currently, he asked if this role would be in conjunction with the City Manager's office. Ms. Bennett confirmed the position would be housed in the City Manager's office, noting in other cities, the role sometimes had its own department or was within the Fire Department. As Ms. Phelan noted, the City was now seeing different kinds of emergencies that were more disruptive and less predictable. Everyone was concerned about the Cascadia earthquake and the need to plan for it, but that work emphasized the need to help residents be prepared. When the earthquake took place, all agencies would be overwhelmed and in the first week or two, residents would need to be self- sufficient because it was possible the City would not be able to reach residents. The Staff report and Ms. Phelan had emphasized collaboration with neighborhoods and PrepLO for that type of emergency and the City had work to do in improving its capabilities with significant but less severe emergencies. Councilor Manz acknowledged emergency management was something that had been on the back burner but foremost in everyone's mind and she thanked Staff for the report. The City had faced a myriad of emergencies it was not even thinking about 5 or 10 years ago, such as rainstorms and forest fires in Tryon Cove State Park. PrepLO was doing important work and each community and street needed to be prepared within themselves. City operations would need to be kept going but community engagement was paramount; it was possible residents would not be able to make it through to a safe building or site and end up in a field or the middle of the street. Councilor Wendland commended Jan Castle for her work and persistence as a community advocate in prompting the City to take action. He noted the new City Hall and OPS Center were close to earthquake proof and these were long-term strategic actions the City needed to take to protect residents in the future. Councilor Wendland emphasized the new position should work with the School District. While he was uncertain which jurisdiction technically addressed emergencies, such questions should be addressed in the updates to Article 12.20, Emergency Code. He wanted to be part of preparing and figuring out the best strategies for updating that code. He supported the new position and if the City had extra money that was fine, but he did not want to add the position without looking at all the priorities. Council was always very positive about funding new things and the City Manager was always quick to remind that funds were limited. Perhaps the position could be tied in with an existing part-time role or with a different assignment. He agreed the person hired should know Lake Oswego and have good relationship building strategies to deal with the different subgroups within the city. He also hoped the new hire would reinvigorate PrepLO. Councilor Wendland understood from emergency management training that the City has limited resources and because the City provides great community services, people expected to simply call, assuming their cell phones would work, and the City would come to the rescue, but it was likely the City would be addressing high-priority issues, and residents would be on their own for a week or two in the event of an emergency. City Council Regular Meeting Minutes Page 3 of 8 June 7, 2022 5.2 School District Intergovernmental Agreement Update Ms. Bennett presented the Staff report, summarizing the history of the existing 1988 intergovernmental agreement (IGA) between the City and the School District, which essentially stated that the City would maintain the athletic fields at school District properties during the summer and the City could use the District's athletic fields and gymnasiums for its recreation programs at no charge. Due to changes in turf management and the different mission-based priorities of the City and School District, it had been mutually decided the IGA no longer served either the City or the School District well. She reviewed how the agreement would be terminated in two phases and described some of the changes in scheduling and minor outstanding issues being addressed as both entities transitioned out of IGA. Staff believed the IGA's termination would be revenue neutral; however, Staff had not fully calculated charges of the gymnasium space for the City's adult recreation programs, so those programs might become more expensive than what the Staff report originally reflected. In addition, the Parks and Recreation Department had a policy that it covered 100 percent of its direct expenses for recreation programs and set its fees accordingly. Gymnasium rental charges could increase the cost of adult recreation programs substantially, so Staff planned to come before Council again to see what could be done about mitigating the cost of participating in those programs through 2022, 2023 and possibly 2024. When the Lake Oswego Recreation and Aquatics Center comes online, and the City would then have its own gymnasium space and could adjust fees at that point. Staff was not looking for action from Council but sought direction to take the steps to terminate the existing IGA. Council Mboup noted he played in an adult league which only played on District fields because the City's fields were difficult to play on. He was concerned fields would not be available for adult leagues and that the move to terminate the agreement and charge organizations based on use would increase the fees for adult programs. The fees to play football were around $70 which was not affordable for some people. City Manager Bennett reminded that Council had recently approved Rassekh Park, so there would be another City-owned, turfed field in addition to Hazelia Field. Mr. Anderholm noted scheduling for the last 18 to 20 years had been prioritized based on categories specified in the 1988 IGA. After the agreement is terminated, the City would prioritize scheduling for City youth programs, followed by City adult programs, and then community youth programs. City leagues would still be the top priority for City-owned fields. The School District would place priority on school-related programs, then City youth programs and community youth programs, followed by City adult programs. The City has been attempting to balance the use of fields for all user groups across all the facilities, and after the agreement terminates, the City would rely more on City facilities for City programs, so it would not be in control of balancing the use as well; however, City programs would continue to be prioritized at City-owned fields. With regard to affordability, the Parks and Recreation Department had sponsorship or scholarship programs to offset costs for those with financial need. In terms of the increased cost for running programs, Staff had not gotten into the exact details of the hours needed, what facilities would be available, and how it would all be prioritized. Staff did not anticipate a huge effect on City run on outdoor adult and youth programs, though indoor programs would experience increases because the City had no indoor facilities except the Tennis Center. Staff would re-engage with Council when they had more details about those costs. Councilor Rapf noted the supporting documentation of the staff report suggested some difficult transitions for youth programs, like Lake Oswego Soccer and Pacer Basketball. Prioritizing kids was important. He understood the Lake Oswego Soccer Club was through the School District as it seemed to be a feeder program for Lake Ridge Middle School and Lake Oswego High School. He asked for more detail on how the youth programs would be impacted. Mr. Anderholm replied the largest impact to most youth sports programs was that they would now have to contact two City Council Regular Meeting Minutes Page 4 of 8 June 7, 2022 entities to schedule fields when planning their seasons. As shown in the Staff report, he had coordinated with Lou Bailey at the School District to study fee schedules for surrounding school districts in communities offering both community and district programs. Staff found school districts charged much more for access to their athletic facilities than cities or the Parks and Recreation Departments. Staff was able to negotiate with the District so the use fees were close and user groups in some cases would see cost reductions, though some organizations could experience a slight increase in costs for both City and elementary school facilities. However, fees had been stagnant for the past five years, so changes were anticipated. Councilor Rapf stated his concern in regards to the scheduling prioritization as specified in the staff report indicating youth organizations were considered local nonprofits and were low on the priority list. Ms. Bennett replied that the Staff report listed the nine organizations most affected and those were considered local youth sports organizations, which were second on both the School District's and City's priority lists after their respective programs and priorities. The District's fee schedule outlined user types well. Many local nonprofit groups brought in children from outside the community, while Lake Oswego oriented groups were primarily drawing from Lake Oswego residents. Ms. Bennett agreed that the soccer program acted as a feeder program for the schools' athletic programs. Councilor Rapf noted in January, that the conversation with the School District was to work towards a new IGA. He inquired as to whether this termination would end those negotiations and wondered if there were plans for a future IGA going forward. Councilor Wendland responded he was disappointed there was push back on having an IGA between two entities as he believed both entities should work together since most users of the facilities, whether youth or adults, were taxpayers. He believed the agreement was fairly close to what it should be on paper, but feared as time went on, new people on City Council, on Staff, or at the School District would not know the history of the agreement and a different group could come in and negotiate a separate deal with the District, which would be harder if a written agreement existed. He hoped the City and the District would be able to negotiate some agreement, even an MOU, to state priorities should stay the same. With regard to affordability, he believed field and recreation programs were somewhat like the library: it was a public service. For example, the public library does not charge people a quarter to check out a book to cover costs. Councilor Wendland suggested a certain baseline recreational service be provided to the community, and he hoped the City and District would continue to share the philosophy of only covering costs and not trying to make money off citizens, who already supported fields and athletic facilities through bonds and tax dollars, so those facilities belonged to the taxpayers, not the District or the City. He hoped to reengage in conversation with the School District sooner rather than later to make that philosophy clear with everyone. Right now, the School District was trying to figure out where monies come in through its recreational facilities, which was not its primary purpose. Councilor Rapf replied that in light of Councilor Wendland's comments, he supported terminating the agreement with the condition that the City move towards an MOU because there needed to be a good, strong, positive relationship between the City and the School District, and the Council should work to build that relationship. Councilor Manz agreed with the termination of the agreement, which should be done as gentle as possible, but she wanted to be sure the public was completely clear on who would be handling what, though she was sure the professionals on the City's staff would handle that well. It was possible communicating the changes to the public would be the biggest challenge of the City Council Regular Meeting Minutes Page 5 of 8 June 7, 2022 termination, even more than the increased fees and charges. Mr. Anderholm noted that staff had worked with the School District to create a consolidated communication plan. Prior to the termination going public, Staff had phone conversations with all organizations the City had a relationship with to make them aware, and a follow up email was sent detailing the timing of the split and specific contacts within both entities to address the organizations' needs. Staff would continue to push information out and be proactive in communication. Councilor Mboup moved to direct the City Manager to work with the Lake Oswego School District to terminate in two phases the 1998 Intergovernmental Agreements governing athletic fields and gymnasiums. Councilor Nguyen seconded the motion. A roll call vote was held, and the motion passed, with Council President Wendland and Councilors Nguyen, Verdick, Rapf, Manz, and Mboup voting `aye', (6-0). 6. CONSENT AGENDA Motion: Move to adopt the Consent Agenda. 6.1 Ordinance 2892, Adopting Findings and Conclusions for the Middle Housing Code Amendments HB 2001 — LU 22-0007. 6.2 Restated Facility Use Agreement for the Friends of the Lake Oswego Public Library. 6.3 Contract Award for the Municipal Golf Course Clubhouse Renovation. 6.4 Contract Award for the 2022 Wastewater Rehabilitation Project—Work Order 312. 6.5 Approval of Meeting Minutes. March 17, 2022, Draft Regular Meeting Minutes April 5, 2022, Draft Regular Meeting Minutes April 19, 2022, Draft Regular Meeting Minutes END CONSENT AGENDA Councilor Manz moved to adopt the Consent Agenda. Councilor Verdick seconded the motion. A voice vote was held, and the motion passed, with Council President Wendland and Nguyen, Verdick, Rapf, Manz, and Mboup voting `aye', (6-0). 7. ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 8. INFORMATION FROM COUNCIL Councilor Manz thanked Mr. Anderholm for his work with Kari Westlund of Travel Lane County in placing a plaque honoring local 2008 Olympic Silver Medalist, Shalane Flanagan at the pathway City Council Regular Meeting Minutes Page 6 of 8 June 7, 2022 to the bridge entrance at George Rogers Park. The plaque honored Flanagan and commemorated the 2022 World Athletics Championship in Eugene. As the Planning Commission liaison, she toured the homes listed during Council's demolition ordinance discussion. Seeing the demolished homes was helpful to get an idea of the geography of the land, provide perspective to the Planning Commission, and act as a team building exercise for future tours. The grand opening of the Flourish Sculpture on State Street was well attended. Mr. Anderholm, Ms. Bennett and Jan Wirtz were present, along with various City Councilors and the artist. The sculpture would add value to the City and the arts committee. Councilor Verdick said the library would be at the farmers' market this Saturday so people could learn about the many programs the library was offering this summer. In addition, the library was piloting a Rover Library Project this July and August to allow more access to the library throughout the community. Details about that project and LO Reads would also be available at the farmers' market. Councilor Wendland stated the Parks and Recreation Department was doing a fabulous job addressing the concerns of the pickleball players and the neighborhood surrounding the courts. The Parks Department had installed sound barriers and were awaiting the results of sound testing to see how well the barriers mitigated sound. In addition, the Parks Department had met with different groups but there was no easy solution to the problem, short more money and land. The whole idea was to keep peace among everybody, and Parks was doing great job navigating the issue. He wanted Council to be aware that discussions were continuing in case they received any feedback. Councilor Mboup thanked Councilor Nguyen for helping organize the Native Hawaiian and Pacific Islander event held two weeks ago. The event made him proud to be in Lake Oswego and proud of Lake Oswego's Native Hawaiian and Pacific Islander residents. On June 19th, he would be speaking at the City's Juneteenth event, and he hoped all the Councilors would be present. He was happy Lake Oswego was moving towards the blue zone. He appreciated Councilor Wendland's efforts in working to solve the pickleball court problem. Councilor Manz thanked everyone involved in the work of celebrating Pride Month. As the mother of LGBTQIA children, she was delighted with all that was happening. 9. REPORTS FROM OFFICERS City Manager Bennett reminded the Council about upcoming Juneteenth celebration happening this coming Sunday at 2:00 p.m. in Millennium Plaza Park. She added that it was also Father's Day. Ms. Bennett requested that each Councilor speak individually with her or City Recorder Linder after the meeting to discuss a scheduling conflict. 10. ADJOURNMENT Council President Wendland adjourned the City Council meeting at 3:58 p.m. Respectfully submitted, • Kari Linde , City Recorder City Council Regular Meeting Minutes Page 7 of 8 June 7, 2022 Approved by the City Council on September 6, 2022 Joseph . Buck, Mayor City Council Regular Meeting Minutes Page 8 of 8 June 7, 2022