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Agenda Item - 2022-09-20 - Number 5.2 - Ordinance 2902 - Term Length of Budget Committee Members for Biennium Budgets 5.2 COUNCIL REPORT ___ 0 OREGOr' Subject: Ordinance 2902, Amending LOC 12.51.015 (Budget Committee) Regarding Term Length of Appointed Budget Committee Members for Biennium Budgets Meeting Date: September 20, 2022 Staff Member: Anthony Hooper, Deputy City Manager Report Date: September 9, 2022 Department: City Manager's Office Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑X Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X Consent Agenda Staff Recommendation: Enact Ordinance 2902. Recommended Language for Motion: Move to enact Ordinance 2902. Project/ Issue Relates To: Code Concurrency with State Law. Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable ISSUE BEFORE COUNCIL Shall City Code be amended to conform to state law regarding terms of appointed Budget Committee Members that serve for biennial budgets? BACKGROUND The City changed from an annual budget to a biennium budget on July 1, 2019. The Oregon Local Budget Law (ORS 294.305—294.565) has some different requirements for cities that utilize a biennium budget, rather than an annual budget. As to the budget committee, ORS Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 2 294.414(1) requires appointed budget committee members to have four-year terms for biennium budgets, whereas three-year terms apply for annual budgeting. In 2019, prior to adopting the biennium budget, the roster of appointed budget committee members was updated to reflect the statutory requirement of four-years terms for all members. However, City Code was not conformed to state law on this point. LOC 12.51.015 Budget Committee. 1. Creation; Membership; Term. There is hereby created a Budget Committee of the City of Lake Oswego consisting of the members of the City Council and a number of appointive positions equal to the number of members of the City Council. The appointive positions shall serve for three-year terms. If the number of members of the City Council is increased or reduced by Charter amendment or law, the City Council shall increase or reduce the number of appointive positions accordingly. Any increase or reduction in the number of appointive positions shall be accompanied by any necessary term modifications to ensure than an equal or approximately equal number of appointive positions become vacant each year. DISCUSSION This ordinance amends the relevant part of LOC 12.51.015(1) to read that "the appointive positions shall serve for three-year terms for annual budgets and four-year terms for biennium budgets." The code text pertaining to terms of budget committee members under an annual budget is retained, in the event the City elects in the future to change back to annual budgeting. RECOMMENDATION Move to enact Ordinance 2902. ATTACHMENTS 1. Ordinance 2902 Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 ORDINANCE 2902 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING LOC 12.51.015 (BUDGET COMMITTEE) REGARDING TERM LENGTH OF APPOINTED BUDGET COMMITTEE MEMBERS FOR BIENNIEUM BUDGETS WHEREAS,the City of Lake Oswego moved to a biennium budget on July 1, 2019; and WHEREAS, Oregon Revised Statutes (ORS) 294.414 states that appointed Budget Committee Members must have a three-year term for annual budgets and a four-year term for biennium budgets; and WHEREAS, the current code language no longer fully reflects ORS 294.414 with respect to biennium budgets; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego as follows: Section 1. Section 12.51.015(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 strilcthrough type, as follows: Creation; Membership; Term. There is hereby created a Budget Committee of the City of Lake Oswego consisting of the members of the City Council and a number of appointive positions equal to the number of members of the City Council. The appointive positions shall serve for three-year terms.-for annual budgets and four- year terms for biennium budgets. If the number of members of the City Council is increased or reduced by Charter amendment or law, the City Council shall increase or reduce the number of appointive positions accordingly. Any increase or reduction in the number of appointive positions shall be accompanied by any necessary term modifications to ensure than an equal or approximately equal number of appointive positions become vacant each year. 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. Section 3. Effective Date. As provided by Section 35.C. of the Lake Oswego Charter, this Ordinance shall take effect on the 30th day following enactment. Ordinance 2902 Page 1 of 2 Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 20th day of September, 2022. AYES: NOES: ABSTAIN: EXCUSED: Joseph M. Buck, Mayor ATTEST: Kari Linder, City Recorder APPROVED AS TO FORM: Evan Boone, City Attorney Pro Tem Ordinance 2902 Page 2 of 2