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Agenda Packet - 2022-09-20 �LA AGENDA CITY COUNCIL MEETING romp September 20, 2022 °REao`' 3:00 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. COUNCIL BUSINESS—Continued from September 6, 2022 meeting 4.1 **The Record for AP 22-03 and AP 22-04 is Closed. No Public Comment or Testimony will be heard at this meeting on these appeals** Appeal of the Development Review Commission's Approval of Type II Tree Removal Application at 529 8th Street- 499-22-000160-TREE (AP 22-03). Motion (Two Options, depending on whether or not the Council agrees with the Commission's findings): 1. Move to Tentatively affirm the Commission's decision to approve the tree removal application 499-22-000160-TREE, with conditions of approval; or, 503.534.4225 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeosweao.city Page 2 2. Move to Tentatively reverse the Commission's decision and deny the tree removal application 499-22-000160-TREE. Any of the above motions should include: "and direct staff to present findings, conclusions and an order finalizing the Council's tentative decision on October 4, 2022." 4.2 Appeal of the Development Review Commission's Approval of Type II Tree Removal Application at 541 8th Street—499-22-000158-TREE (AP 22-04). Motion: Move to continue the adoption of findings, conclusions, and order on AP 22-04 to October 4, 2022. 5. 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. 5.1 Resolution 22-31, A Resolution of the City Council of the City of Lake Oswego Amending Intergovernmental Agreements Between the City of Lake Oswego and Metro (Amendment 1) for the Sale of the Boones Ferry Road Staging Property for Development of Affordable Housing. Motion: Move to adopt Resolution 22-31. 5.2 Ordinance 2902, An Ordinance of the City Council of the City of the Lake Oswego Amending LOC 12.51.015 (Budget Committee) Regarding Term Length of Appointed Budget Committee Members for Biennium Budgets. Motion: Move to enact Ordinance 2902. 6. ITEMS REMOVED FROM CONSENT AGENDA 7. 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. 503.534.4225 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeosweao.city Page 3 7.1 Prior Public Comment Follow-Up 8. PRESENTATIONS 8.1 Lake Oswego Wildfire Programs Update. 9. COUNCIL BUSINESS 9.1 American Rescue Plan Act (ARPA) Nonprofit Grant Recommendations. Motion: Move to approve the ARPA Nonprofit grants as recommended by the ARPA Funding 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 4.1 et'p` 4P COUNCIL REPORT // 40� r o ORE00t.4 Subject: Appeal of the DRC Approval of Type II Tree Removal Application 499-22-000160-TREE (AP 22-03). Meeting Date: September 6, 2022 Staff Member: Daphne Cissell, Associate Planner Report Date: August 26, 2022 Department: Planning and Building Services Action Required Advisory Board/Commission Recommendation ❑X Motion ❑X Approval ❑X Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑ Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Per Development Review Commission ("DRC" or "Commission") decision, approval of Tree Removal Application 499-22-000160-TREE. Recommended Language for Motion (Two Options, depending on whether or not the Council agrees with the Commission's findings): 1. Tentatively affirm the Commission's decision to approve the tree removal application 499-22-000160-TREE, with conditions of approval; or, 2. Tentatively reverse the Commission's decision and deny the tree removal application 499-22-000160-TREE. Any of the above motions should include: "and direct staff to present findings, conclusions and an order finalizing the Council's tentative decision on September 20, 2022." Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities EAdopted Master Plan(s) ❑S Not Applicable Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 2 BACKGROUND Applicant/owner Renaissance Custom Homes applied to remove five trees to construct a new single-family house, garage and driveway. Staff tentatively approved the removal of the five trees on May 13, 2022. The First Addition Neighbors— Forest Hills Neighborhood Association (FAN) timely filed a request for a hearing (Exhibit A-001). The Commission held a public hearing on June 20, 2022 and tentatively approved the application. The Commission's Findings, Conclusion and Order was approved on July 6, 2022 (Exhibit B-001). On July 12, 2022, FAN filed a Notice of Intent to Appeal the Commission's decision (Exhibit A- 002). COUNCIL HEARING PROCEDURE Pursuant to LOC 55.02.085(4), the hearing before City Council shall be on the record established before the Commission and only persons who appeared before the Commission orally or in writing may testify. The record consists of the Commission's findings, conclusions and order, minutes of the Commission meetings, and the record before the Commission, including the application materials, staff reports, and testimony. The entire record can be viewed and downloaded at the project webpage/ Public Record of File, or at www.lakeoswego.city (enter "AP 22-03" in the search box at the top right of the home page). DISCUSSION Approval or denial of the application is based on the criteria and the evidence in the record: if the evidence in the record shows that the criteria are met, the application must be approved; if the evidence is insufficient to show that the criteria are met, the application must be denied. The Commission's Findings, Conclusion and Order (Exhibit B-001) and incorporated June 10, 2022, Staff Report (Exhibit D-001), provides detailed findings for each of the applicable approval criteria. Appealed Issue The appellant raises the following issue for the City Council's consideration in the Notice of Intent to Appeal (Exhibit A-002). (The appellant's argument has been copied from the Notice of Intent to Appeal and provided below in bold italics. Staff's response, including the Commission's findings, follows.) "We are appealing the DRC's decision to City Council as The Applicant,per the Tree Code, 55.02.080(3)[exceptions] "b. Alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone",failed to prove that no reasonable alternatives exist. We believe that reasonable alternatives exist to allow the property to be used as permitted in the zone." Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 3 Staff Response: Criterion 3; Exception b. If a tree does not meet the five subcriteria of Criterion 3 [LOC 55.02.080], its removal may still be allowed if Exception A or B to Criterion 3 is met. The Commission found that not all of the five subcriteria were met for all of the five trees (§a — "significant tree"; §b—alterations to continuity of skyline; and §e—more than 50% of a stand; see DRC Findings, Exhibit B-001, pgs. 5-6), and thus, the removal of all five trees was examined by the Commission under Exception B ("no reasonable alternatives exists") to Criterion 3: "[Criterion 3] is not applicable when: b. Alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. In making this determination, the City may consider alternative site plans or placement of structures (development purpose) or alternative landscaping designs (outgrown landscape area; landscape plan) that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Lake Oswego Code." In this Exception, the question is whether there are reasonable site plans or structure placement that would lessen the impact on trees so long as the alternative would "allow the property to be used as permitted in the zone" and comply with other Code requirements. The Council has previously held that consideration of"alternatives to the tree removal and that no reasonable alternative exists to allow the property to be used as permitted in the zone" does not require the applicant to consider seeking a variance to land use standards or to reduce the development to less than permitted in the zone. Renaissance Custom Homes, AP 19-07, Council Findings, pg. 2; Renaissance Custom Homes, AP 18-02, Council Findings, pg. 4. Relocation: Commenters testified that they did not agree that the applicant explored alternative structural designs or layouts that would allow for more tree retention. Staff responds that: • The Commission reviewed the prior iterations of the design and found that the various designs in the record submitted by the applicant demonstrated that no alternate position of the building footprint would reasonably allow tree retention and still allow development permitted by the zone. (DRC Findings, Exhibit B-001, pgs. 6-8). See also Exhibit F-001, pgs. 14 and 20. • Site plans submitted into evidence by opponents at the DRC hearing did not take into consideration property lines and zone setbacks (Exhibit G-347, with Staff notation below). Exhibit G-347 shows plans with two dwelling types: two detached dwellings and two zero lot line dwellings (zero lot line dwellings were not a dwelling type proposed by the applicant; see Reduction of Dwelling Footprint discussion, below), and shows the property line running through a portion of one the dwellings in both cases, which is not Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 4 permitted. Thus, that evidence is not sufficient to require the Applicant to respond to those proposed alternatives as suggested "reasonable alternatives" not considered. Exhibit G-347,Alternative Site Plan 1:Zero lot line dwellings. One dwelling crosses lot line and required setbacks are not met. / d ii I+ I I I I/ 'IP9r ari ! 5,+ p i rl f+x = i ti�8�, , f l ; [aIMGAN Ho" ) Property line I /: I s : ag.2.Li lif _ i"rf—r. almswazt . ! /p�yTRp�ITICNAt] I--'—''' .? I „ { I Jr S Exhibit G-347,Alternative Site Plan 2: Detached dwellings. One dwelling crosses lot line and required setbacks are not met. • 111 " d J , M li 77:1-777 / A,1 l 1E/:,::,,: _ it am—— 1 __. . . r ,2::: 4 ' 7 ' r� �[ __ ncoour Property line _fL , c7— I na[sN li 5 Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 5 Constructability and Functionality of the Dwelling: Commenters testified that an alternative could be to remove some square footage away from tree roots and append that same amount of square footage elsewhere on the dwelling. The Commission found that: • This testimony did not include a "constructability" analysis with resulting floor plan to show how the alternative was functionally reasonable from a construction or market acceptance. • Any reasonable alternative must retain the functionality of proposed development; in other words, merely moving some square footage around that does not provide for a functional dwelling use is not a reasonable alternative (DRC Findings, Exhibit B-001, pg. 7-8). Absent some evidence showing feasibility of constructability and functionality, the Commission found that the suggested alternative of removing square footage in one location and appending the same amount of square footage at another location is not sufficient to show a "reasonable alternative" not considered. Reduction of Dwelling Footprint: Commenters contended that reasonable alternatives were not considered that would reduce the dwelling footprint by a number of means, e.g., elimination of one dwelling unit between the two sites (with AP 22-04), reduction of the size of the dwelling or of the basement (including eliminating the basement), changing the type of dwellings from two detached dwellings (AP 22- 03 and AP 22-04) to two zero lot line dwellings, or that variances should be applied for. The Commission found that: • The Commission considered whether a reduction in building footprint or an alternate house plan would be a reasonable alternative. The Commission found it is not a reasonable alternative to require the applicant to reduce the house size or density allowed by the zone, construct a different type of permitted dwelling option (e.g., a zero lot line dwelling) on the two lots, or seek a variance (DRC Findings, Exhibit B-001, pg. 7). Conclusion: The Commission found that the applicant had met its burden of showing that the requirements for Exception b to Criterion 3 were met—that alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Accordingly, the Commission, having found that Criterion 3 did not apply due to the exception, that Criteria 1, 2, and 4 were met, and that removal of the trees is not contrary to Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 6 another section of the Code [LOC 55.02.080(5)], that the tree removal application should be approved. RECOMMENDATION Staff recommends approval of the Tree Removal Application 499-22-000160-TREE. EXHIBITS (Use the link below to visit the Public Records webpage, which contains all the Exhibits for AP 22-03). https://www.ci.oswego.or.us/WebLink/Browse.aspx?id=2012054&repo=CitvOfLakeOswego A. NOTICE OF INTENT TO APPEAL A-001 Request for Appeal 499-22-000160-TREE, received May 18, 2022 A-002 FAN/FH NA Notice of Intent to Appeal, received July 12, 2022 B. FINDINGS, CONCLUSIONS, AND ORDER B-001 Development Review Commission Findings, Conclusions, and Order, dated July 6, 2022 C. MINUTES OF THE DEVELOPMENT REVIEW COMMISSION HEARINGS C-001 Minutes from June 20, 2022 Development Review Commission meeting C-002 Minutes from July 6, 2022 Development Review Commission meeting D. STAFF REPORTS D-001 AP 22-03 Staff Report, dated June 10, 2022 D-002 AP 22-03 Staff Memo, dated June 20, 2022 E. GRAPHICS/PLANS E-001 Vicinity Map E-002 Existing Features Map E-003 Site Map with Contours E-004 Staff PowerPoint Presentation, June 20, 2022 F. WRITTEN MATERIALS F-001 499-22-000160-TREE Type II Application Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 7 F-002 Summary of Staff Findings 499-22-000160-TREE F-003 Notice of Tentative Staff Decision 499-22-000160-TREE F-004 533 8th St. Legal Lot Determination, September 23, 2021 F-005 Parks and Recreation Park Acquisition Policy F-006 Supplemental Information from Applicant Representative, Jordan Ramis, dated June 17, 2022 F-007 DLCD Enforcement Update, dated August 27, 2020 G. LETTERS Neither For Nor Against (G-001-099) None Support (G100-199) G-100 Hutchinson Comment, received February 14, 2022 G-101 Taylor Comment, received February 25, 2022 Opposition (G200+) G-200 Rudawitz Comments, received February 1, 2022 G-201 Rudawitz Comments, received February 12, 2022 G-202 Hines Comments, received February 13, 2022 G-203 Waterbury Comments, received February 13, 2022 G-204 Anglin Comments, received February 13, 2022 G-205 Lindeman Comments, received February 13, 2022 G-206 Frazier Comments, received February 13, 2022 G-207 Dunn Comments, received February 13, 2022 G-208 Witmer Comments, received February 13, 2022 G-209 Gaudin Comments, received February 14, 2022 G-210 Kole Comments, received February 14, 2022 G-211 Osborne Comments, received February 14, 2022 G-212 Boom Comments, received February 14, 2022 G-213 Reed Comments, received February 14, 2022 G-214 Sabo Comments, received February 14, 2022 G-215 Sheth Comments, received February 14, 2022 G-216 Hanavan Comments, received February 14, 2022 G-217 Klein Comments, received February 14, 2022 G-218 Weiglin Comments, received February 14, 2022 G-219 Seabright, Mary Comments, received February 14, 2022 G-220 Seabright, Mark Comments, received February 14, 2022 G-221 Chou Comments, received February 14, 2022 G-222 Brawner Comments, received February 14, 2022 G-223 Gibson Comments, received February 14, 2022 Respect. 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Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 8 G-224 Froming Comments, received February 14, 2022 G-225 Black Comments, received February 14, 2022 G-226 Fromer Comments, received February 14, 2022 G-227 Botthof Comments, received February 14, 2022 G-228 Large Comments, received February 14, 2022 G-229 Gaudin Comments, received February 14, 2022 G-230 Black Comments, received February 14, 2022 G-231 Meub Comments, received February 14, 2022 G-232 Bocci Comments, received February 14, 2022 G-233 Reilly Comments, received February 14, 2022 G-234 Wurster Comments, received February 14, 2022 G-235 Ogburn Comments, received February 15, 2022 G-236 Waterman Comments, received February 15, 2022 G-237 Gustafson Comments, received February 15, 2022 G-238 Holbrook Comments, received February 15, 2022 G-239 Huntsinger Comments, received February 15, 2022 G-240 Fortner Comments, received February 15, 2022 G-241 Sustrik Comments, received February 15, 2022 G-242 Zubrinsky Comments, received February 15, 2022 G-243 Bassford Comments, received February 15, 2022 G-244 Waites Comments, received February 15, 2022 G-245 Lavios Comments, received February 15, 2022 G-246 Conklin Comments, received February 15, 2022 G-247 Lesage Comments, received February 15, 2022 G-248 Mandelblatt Comments, received February 15, 2022 G-249 Kitzing Comments, received February 15, 2022 G-250 Gardner Comments, received February 15, 2022 G-251 Miller, Alyson Comments, received February 15, 2022 G-252 Kaptur Comments, received February 15, 2022 G-253 Browne Comments, received February 15, 2022 G-254 Puhlman Comments, received February 16, 2022 G-255 Wosko Comments, received February 16, 2022 G-256 Benn Comments, received February 16, 2022 G-257 Schinn Comments, received February 16, 2022 G-258 Moore Comments, received February 16, 2022 G-259 Saporito Comments, received February 16, 2022 G-260 Ellison Comments, received February 16, 2022 G-261 Kemper Comments, received February 16, 2022 G-262 Weber Comments, received February 16, 2022 G-263 Bechtold-Yoo Comments, received February 16, 2022 G-264 Toll, Emily Comments, received February 16, 2022 G-265 Wiens Comments, received February 16, 2022 G-266 Lightcap Comments, received February 16, 2022 G-267 Geshel, Darcy Comments, received February 16, 2022 Respect. 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Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 9 G-268 Stellway Comments, received February 16, 2022 G-269 Robinson Comments, received February 16, 2022 G-270 Rochelle Comments, received February 16, 2022 G-271 Wosko Comments, received February 16, 2022 G-272 Miller, Mary Ann Comments, received February 16, 2022 G-273 Eckmann, Lois Comments, received February 16, 2022 G-274 Kraemer Comments, received February 16, 2022 G-275 Eckmann, Stuart Comments, received February 16, 2022 G-276 Adriano Comments, received February 16, 2022 G-277 Geshel, Greg Comments, received February 16, 2022 G-278 Cabral Schinn Comments, received February 16, 2022 G-279 FAN-NA Comments, received February 16, 2022 G-280 Mikulka Comments, received February 16, 2022 G-281 Yoo Comments, received February 16, 2022 G-282 Anglin, Melanie Comments, received February 16, 2022 G-283 Meckel Comments, received February 16, 2022 G-284 Haber and Pleasants Comments, received February 16, 2022 G-285 Ehrenfreund and Cain Comments, received February 16, 2022 G-286 Bender-Baird Comments, received February 16, 2022 G-287 Hupala and Moriyash Comments, received February 16, 2022 G-288 Toll, Peter Comments, received February 16, 2022 G-289 Ortega Comments, received February 16, 2022 G-290 Buscalia Comments, received February 16, 2022 G-291 Petition 1 Comments, received February 16, 2022 G-292 Petition 2 Comments, received February 16, 2022 G-293 Petition 3 Comments, received February 16, 2022 G-294 Petition 4 Comments, received February 16, 2022 G-295 Petition 5 Comments, received February 16, 2022 G-296 Petition 6 Comments, received February 16, 2022 G-297 Rolufs Comments, received February 17, 2022 G-298 Moore Comments, received February 17, 2022 G-299 Weiglin Comments, received February 17, 2022 G-300 Johnson Comments, received February 21, 2022 G-301 Bennett Comments, received March 29, 2022 G-302 Weber Comments, received April 28, 2022 G-303 Waterbury Comments, received May 1, 2022 G-304 Anglin, Melanie Comments, received May 1, 2022 G-305 Hugos Comments, received May 1, 2022 G-306 Kraemer Comments, received May 3, 2022 G-307 LeSage Comments, received May 3, 2022 G-308 LeSage Comments, received May 4, 2022 G-309 Boom Comments, received May 5, 2022 G-310 Rudawitz Comments, received May 5, 2022 G-311 Osborne Comments, received May 5, 2022 Respect. 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Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 10 G-312 Seabright, Mark Comments, received May 6, 2022 G-313 Mikulka Comments, received May 6, 2022 G-314 Seabright, Mary Comments, received May 6, 2022 G-315 Waterman Comments, received May 6, 2022 G-316 Meckel Comments, received May 6, 2022 G-317 Moore Comments, received May 6, 2022 G-318 Eckman, Lois Comments, received May 6, 2022 G-319 Anglin Comments, received May 6, 2022 G-320 FAN-NA Comments, received May 6, 2022 G-321 Bender-Baird Comments, received May 6, 2022 G-322 Eckmann, Stuart Comments, received May 6, 2022 G-323 Petition Comments, received May 6, 2022 G-324 Kohlhoff Comments, received June 10, 2022 G-325 Johnson Comments, received June 17, 2022 G-326 Puhlman Comments, received June 18, 2022 G-327 Steel Comments, received June 18, 2022 G-328 Gustafson, Sharon Comments, received June 19, 2022 G-329 Wosko Comments, received June 19, 2022 G-330 Milkulka Comments, received June 20, 2022 G-331 Ayers Comments, received June 20, 2022 G-332 Savage Comments, received June 20, 2022 G-333 Lesage, Noreen Comments, received June 20, 2022 G-334 Moore Comments, received June 20, 2022 G-335 Wiens Comments, received June 20, 2022 G-336 Wiles Comments, received June 20, 2022 G-337 Ogburn Comments, received June 20, 2022 G-338 Czerniejewski Comments, received June 20, 2022 G-339 Manfield Comments, received June 20, 2022 G-340 Waterbury Comments, received June 20, 2022 (Comment appears to be duplicate of G-203) G-341 Silber Comments, received June 20, 2022 G-342 Bender-Baird Comments, received June 20, 2022 G-343 Presentation from Cabral-Schinn Submitted at DRC Hearing G-344 Presentation from Anglin Submitted at DRC Hearing G-345 Photos from Meckel Submitted at DRC Hearing G-346 Kohlhoff Comments, received August 29, 2022 The City Staff Report, DRC Findings, and all exhibits are available at the above address and online at www.lakeoswego.citv (type AP 22-03 in the search box at the top of the screen for the Public Record of File). Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY c§t'p` COUNCIL REPORT C 0 ORE00t.4 Subject: Appeal of the DRC Approval of Type II Tree Removal Application 499-22-000158-TREE (AP 22-04). Meeting Date: September 6, 2022 Staff Member: Daphne Cissell, Associate Planner Report Date: August 26, 2022 Department: Planning and Building Services Action Required Advisory Board/Commission Recommendation ❑X Motion ❑X Approval ❑X Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑ Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Per the Development Review Commission ("DRC" or "Commission") decision, approval of Tree Removal Application 499-22-000158-TREE. Recommended Language for Motion (Two Options, depending on whether or not the Council agrees with the Commission's findings): 1. Tentatively affirm the Commission's decision to approve the tree removal application 499-22-000158-TREE, with conditions of approval; or, 2. Tentatively reverse the Commission's decision and deny the tree removal application 499-22-000158-TREE. Any of the above motions should include: "and direct staff to present findings, conclusions and an order finalizing the Council's tentative decision on September 20, 2022." Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑S Not Applicable Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 2 BACKGROUND Applicant/owner Renaissance Custom Homes applied to remove five trees to construct a new single-family house, garage and driveway. Staff tentatively approved the removal of the five trees on May 13, 2022. The First Addition Neighbors— Forest Hills Neighborhood Association (FAN) timely filed a request for a hearing (Exhibit A-001). The Commission held a public hearing on June 20, 2022 and tentatively approved the application. The Commission's Findings, Conclusion and Order was approved on July 6, 2022 (Exhibit B-001). On July 12, 2022, FAN filed a Notice of Intent to Appeal of the Commission's decision (Exhibit A- 002). COUNCIL HEARING PROCEDURE Pursuant to LOC 55.02.085(4), the hearing before City Council shall be on the record established before the Commission and only persons who appeared before the Commission orally or in writing may testify. The record consists of the Commission's findings, conclusions and order, minutes of the Commission meetings, and the record before the Commission, including the application materials, staff reports, and testimony. The entire record can be viewed and downloaded at the project webpage/ Public Record of File, or at www.lakeoswego.city (enter "AP 22-04" in the search box at the top right of the home page). DISCUSSION Approval or denial of the application is based on the criteria and the evidence in the record: if the evidence in the record shows that the criteria are met, the application must be approved; if the evidence is insufficient to show that the criteria are met, the application must be denied. The Commission's Findings, Conclusion and Order (Exhibit B-001) and incorporated June 10, 2022, Staff Report (Exhibit D-001), provides detailed findings for each of the applicable approval criteria. Appealed Issue The appellant raises the following issue for the City Council's consideration in the Notice of Intent to Appeal (Exhibit A-002). (The appellant's argument has been copied from the Notice of Intent to Appeal and provided below in bold italics. Staff's response, including the Commission's findings, follows.) "We are appealing the DRC's decision to City Council as The Applicant,per the Tree Code, 55.02.080(3)[exceptions] "b. Alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone",failed to prove that no reasonable alternatives exist. We believe that reasonable alternatives exist to allow the property to be used as permitted in the zone." Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 3 Staff Response: Criterion 3; Exception b. If a tree does not meet the five subcriteria of Criterion 3 [LOC 55.02.080], its removal may still be allowed if Exception A or B to Criterion 3 is met. The Commission found that not all of the five subcriteria were met for all of the five trees (§a — "significant tree"; §b—alterations to continuity of skyline; and §e—more than 50% of a stand; see DRC Findings, Exhibit B-001, pgs. 5-6), and thus, the removal of all five trees was examined by the Commission under Exception B ("no reasonable alternatives exists") to Criterion 3: "[Criterion 3] is not applicable when: b. Alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. In making this determination, the City may consider alternative site plans or placement of structures (development purpose) or alternative landscaping designs (outgrown landscape area; landscape plan) that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Lake Oswego Code." In this Exception, the question is whether there are reasonable site plans or structure placement that would lessen the impact on trees so long as the alternative would "allow the property to be used as permitted in the zone" and comply with other Code requirements. The Council has previously held that consideration of"alternatives to the tree removal and that no reasonable alternative exists to allow the property to be used as permitted in the zone" does not require the applicant to consider seeking a variance to land use standards or to reduce the development to less than permitted in the zone. Renaissance Custom Homes, AP 19-07, Council Findings, pg. 2; Renaissance Custom Homes, AP 18-02, Council Findings, pg. 4. Relocation: Commenters testified that they did not agree that the applicant explored alternative structural designs or layouts that would allow for more tree retention. Staff responds that: • The Commission reviewed the prior iterations of the design and found that the various designs in the record submitted by the applicant demonstrated that no alternate position of the building footprint would reasonably allow tree retention and still allow development permitted by the zone. (DRC Findings, Exhibit B-001, pgs. 6-8). See also Exhibit F-001, pgs. 18 and 24. • Site plans submitted into evidence by opponents at the DRC hearing did not take into consideration property lines and zone setbacks (Exhibit G-347, with Staff notation below). Exhibit G-347 shows plans with two dwelling types: two detached dwellings and two zero lot line dwellings (zero lot line dwellings were not a dwelling type proposed by the applicant; see Reduction of Dwelling Footprint discussion, below), and shows the property line running through a portion of one the dwellings in both cases, which is not Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 4 permitted. Thus, that evidence is not sufficient to require the Applicant to respond to those proposed alternatives as suggested "reasonable alternatives" not considered. Exhibit G-347,Alternative Site Plan 1:Zero lot line dwellings. One dwelling crosses lot line and required setbacks are not met. ,il ;7, li :;:, � SIN STREET { LJ u voiNcAN MODERN) Property line I iii r r NI STN STREET 111, I I 1 NpRT1 •• • 5 Exhibit G-347,Alternative Site Plan 2: Detached dwellings. One dwelling crosses lot line and required setbacks are not met. r" ir' ,714/ ' , . „ .-ff'---- i I f ii x --- arN STREET il z i n N McvERsi Property line mlivAlk • i.,._i_,_,,,H 1 Zr."-T l'ili ! 7-: I 74 r +' ,. Nam NO I1 $ Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 5 Constructability and Functionality of the Dwelling: Commenters testified that an alternative could be to remove some square footage away from tree roots and append that same amount of square footage elsewhere on the dwelling. The Commission found that: • This testimony did not include a "constructability" analysis with resulting floor plan to show how the alternative was functionally reasonable from a construction or market acceptance. • Any reasonable alternative must retain the functionality of proposed development; in other words, merely moving some square footage around that does not provide for a functional dwelling use is not a reasonable alternative (DRC Findings, Exhibit B-001, pg. 7-8). Absent some evidence showing feasibility of constructability and functionality, the Commission found that the suggested alternative of removing square footage in one location and appending the same amount of square footage at another location is not sufficient to show a "reasonable alternative" not considered. Reduction of Dwelling Footprint: Commenters contended that reasonable alternatives were not considered that would reduce the dwelling footprint by a number of means, e.g., elimination of one dwelling unit between the two sites (with AP 22-03), reduction of the size of the dwelling or of the basement (including eliminating the basement), changing the type of dwellings from two detached dwellings (AP 22- 03 and AP 22-04) to two zero lot line dwellings, or that variances should be applied for. The Commission found that: • The Commission considered whether a reduction in building footprint or an alternate house plan would be a reasonable alternative. The Commission found it is not a reasonable alternative to require the applicant to reduce the house size or density allowed by the zone, construct a different type of permitted dwelling option (e.g., a zero lot line dwelling) on the two lots, or seek a variance (DRC Findings, Exhibit B-001, pg. 7). Conclusion: The Commission found that the applicant had met its burden of showing that the requirements for Exception b to Criterion 3 were met—that alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Accordingly, the Commission, having found that Criterion 3 did not apply due to the exception, that Criteria 1, 2, and 4 were met, and that removal of the trees is not contrary to Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 6 another section of the Code [LOC 55.02.080(5)], that the tree removal application should be approved. RECOMMENDATION Staff recommends approval of Tree Removal Application 499-22-000158-TREE. EXHIBITS (Use the link below to visit the Public Records webpage, which contains all the Exhibits for AP 22-04). https://www.ci.oswego.or.us/WebLink/Browse.aspx?id=2012069&repo=CitvOfLakeOswego A. NOTICE OF INTENT TO APPEAL A-001 Request for Appeal 499-22-000158-TREE, received May 18, 2022 A-002 FAN/FH NA Notice of Intent to Appeal, received July 12, 2022 B. FINDINGS, CONCLUSIONS, AND ORDER B-001 Development Review Commission Findings, Conclusions, and Order, dated July 6, 2022 C. MINUTES OF THE DEVELOPMENT REVIEW COMMISSION HEARINGS C-001 Minutes from June 20, 2022 Development Review Commission meeting C-002 Minutes from July 6, 2022 Development Review Commission meeting D. STAFF REPORTS D-001 AP 22-04 Staff Report, dated June 10, 2022 D-002 AP 22-04 Staff Memo, dated June 20, 2022 E. GRAPHICS/PLANS E-001 Vicinity Map E-002 Existing Features Map E-003 Site Map with Contours E-004 Staff PowerPoint Presentation, June 20, 2022 F. WRITTEN MATERIALS F-001 499-22-000158-TREE Type II Application Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 7 F-002 Summary of Staff Findings 499-22-000158-TREE F-003 Notice of Tentative Staff Decision 499-22-000158-TREE F-004 533 8th St. Legal Lot Determination, September 23, 2021 F-005 Parks and Recreation Park Acquisition Policy F-006 Supplemental Information from Applicant Representative, Jordan Ramis, dated June 17, 2022 F-007 DLCD Enforcement Update, dated August 27, 2020 G. LETTERS Neither For Nor Against (G-001-099) None Support (G100-199) G-100 Hutchinson Comment, received February 14, 2022 G-101 Taylor Comment, received February 25, 2022 Opposition (G200+) G-200 Rudawitz Comments, received February 4, 2022 G-201 Kitzing Comments, received February 4, 2022 G-202 Rudawitz Comments, received February 12, 2022 G-203 Waterbury Comments, received February 13, 2022 G-204 Anglin Comments, received February 13, 2022 G-205 Witmer Comments, received February 13, 2022 G-206 Lindeman Comments, received February 13, 2022 G-207 Frazier Comments, received February 13, 2022 G-208 Dunn Comments, received February 13, 2022 G-209 Burson Comments, received February 13, 2022 G-210 Weiglin Comments, received February 14, 2022 G-211 Seabright, Mary Comments, received February 14, 2022 G-212 Seabright, Mark Comments, received February 14, 2022 G-213 Terpstra Comments, received February 14, 2022 G-214 Kole Comments, received February 14, 2022 G-215 Bocci Comments, received February 14, 2022 G-216 Gaudin Comments, received February 14, 2022 G-217 Sheth Comments, received February 14, 2022 G-218 Reilly Comments, received February 14, 2022 G-219 Boom Comments, received February 14, 2022 G-220 Osborne Comments, received February 14, 2022 G-221 Wurster Comments, received February 14, 2022 G-222 Reed Comments, received February 14, 2022 G-223 Sabo Comments, received February 14, 2022 Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 8 G-224 Hanavan Comments, received February 14, 2022 G-225 Bednark Comments, received February 14, 2022 G-226 Klein Comments, received February 14, 2022 G-227 Brawner Comments, received February 14, 2022 G-228 Gibson Comments, received February 14, 2022 G-229 Froming Comments, received February 14, 2022 G-230 Black Comments, received February 14, 2022 G-231 Froming Comments, received February 14, 2022 G-232 Large Comments, received February 14, 2022 G-233 Meub Comments, received February 14, 2022 G-234 Botthof Comments, received February 14, 2022 G-235 Chou Comments, received February 15, 2022 G-236 Miller Comments, received February 15, 2022 G-237 Ogburn Comments, received February 15, 2022 G-238 Waterman Comments, received February 15, 2022 G-239 Gustafson Comments, received February 15, 2022 G-240 Kaptur Comments, received February 15, 2022 G-241 Tandberg Comments, received February 15, 2022 G-242 Knowles Comments, received February 15, 2022 G-243 Holbrook Comments, received February 15, 2022 G-244 Huntsinger Comments, received February 15, 2022 G-245 Fortner Comments, received February 15, 2022 G-246 Sustrik Comments, received February 15, 2022 G-247 Zubrinsky Comments, received February 15, 2022 G-248 Bassford Comments, received February 15, 2022 G-249 Waites Comments, received February 15, 2022 G-250 Mandelblatt Comments, received February 15, 2022 G-251 Kitzing Comments, received February 15, 2022 G-252 Gardner Comments, received February 15, 2022 G-253 Browne Comments, received February 15, 2022 G-254 Lesage Comments, received February 15, 2022 G-255 Lavios Comments, received February 15, 2022 G-256 Puhlman Comments, received February 16, 2022 G-257 Kapowich Comments, received February 16, 2022 G-258 Kemper Comments, received February 16, 2022 G-259 Lorbach Comments, received February 16, 2022 G-260 Weber Comments, received February 16, 2022 G-261 Bechtold-Yoo Comments, received February 16, 2022 G-262 Toll, Emily Comments, received February 16, 2022 G-263 Lightcap Comments, received February 16, 2022 G-264 Wiens Comments, received February 16, 2022 G-265 Geshel, Darcy Comments, received February 16, 2022 G-266 Ellison Comments, received February 16, 2022 G-267 Stellway Comments, received February 16, 2022 Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 9 G-268 Robinson Comments, received February 16, 2022 G-269 Yoo Comments, received February 16, 2022 G-270 Rochelle Comments, received February 16, 2022 G-271 Wosko Comments, received February 16, 2022 G-272 Miller Comments, received February 16, 2022 G-273 Eckmann, Lois Comments, received February 16, 2022 G-274 Eckmann, Stuart Comments, received February 16, 2022 G-275 Kraemer Comments, received February 16, 2022 G-276 Adriano Comments, received February 16, 2022 G-277 Geshel, Greg Comments, received February 16, 2022 G-278 Cabral Schinn Comments, received February 16, 2022 G-279 FAN-NA Comments, received February 16, 2022 G-280 Mikulka Comments, received February 16, 2022 G-281 Anglin Comments, received February 16, 2022 G-282 Meckel Comments, received February 16, 2022 G-283 Haber and Pleasants Comments, received February 16, 2022 G-284 Ehrenfreund and Cain Comments, received February 16, 2022 G-285 Bauer Comments, received February 16, 2022 G-286 Bender-Baird Comments, received February 16, 2022 G-287 Hupala and Moriyash Comments, received February 16, 2022 G-288 Toll, Peter Comments, received February 16, 2022 G-289 Ortega Comments, received February 16, 2022 G-290 Buscalia Comments, received February 16, 2022 G-291 Saporito Comments, received February 16, 2022 G-292 Benn Comments, received February 16, 2022 G-293 Petition_1 Comments, received February 16, 2022 G-294 Petition_2 Comments, received February 16, 2022 G-295 Petition_3 Comments, received February 16, 2022 G-296 Petition_4 Comments, received February 16, 2022 G-297 Petition_5 Comments, received February 16, 2022 G-298 Petition_6 Comments, received February 16, 2022 G-299 Rolufs Comments, received February 17, 2022 G-300 Moore Comments, received February 17, 2022 G-301 Weiglin Comments, received February 17, 2022 G-302 Johnson Comments, received February 21, 2022 G-303 Bennett Comments, received March 29, 2022 G-304 Weber Comments, received April 28, 2022 G-305 Waterbury Comments, received May 1, 2022 G-306 Anglin Comments, received May 1, 2022 G-307 Hugos Comments, received May 1, 2022 G-308 Kraemer Comments, received May 3, 2022 G-309 LeSage Comments, received May 3, 2022 G-310 LeSage Comments, received May 4, 2022 G-311 Rudawitz Comments, received May 5, 2022 Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 10 G-312 Boom Comments, received May 5, 2022 G-313 Osborne Comments, received May 5, 2022 G-314 Anglin, Maya Comments, received May 6, 2022 G-315 Mikulka Comments, received May 6, 2022 G-316 Waterman Comments, received May 6, 2022 G-317 Moore Comments, received May 6, 2022 G-318 FAN-NA Comments, received May 6, 2022 G-319 Bender-Baird Comments, received May 6, 2022 G-320 Meckel Comments, received May 6, 2022 G-321 Eckman, Stuart Comments, received May 6, 2022 G-322 Eckman, Lois Comments, received May 6, 2022 G-323 Seabright, Mark Comments, received May 6, 2022 G-324 Seabright, Mary Comments, received May 6, 2022 G-325 Petition Comments, received May 6, 2022 G-326 Kohlhoff Comments, received June 10, 2022 G-327 Johnson Comments, received June 17, 2022 G-328 Puhlman Comments, received June 18, 2022 G-329 Steel Comments, received June 18, 2022 G-330 Gustafson, Sharon Comments, received June 19, 2022 G-331 Wosko Comments, received June 19, 2022 G-332 Lesage, Nick Comments, received June 19, 2022 G-333 Milkulka Comments, received June 20, 2022 G-334 Ayers Comments, received June 20, 2022 G-335 Savage Comments, received June 20, 2022 G-336 Lesage, Noreen Comments, received June 20, 2022 G-337 Moore Comments, received June 20, 2022 G-338 Wiens Comments, received June 20, 2022 G-339 Wiles Comments, received June 20, 2022 G-340 Ogburn Comments, received June 20, 2022 G-341 Czerniejewski Comments, received June 20, 2022 G-342 Manfield Comments, received June 20, 2022 G-343 Waterbury Comments, received June 20, 2022 (Comment appears to be duplicate of G-203) G-344 Silber Comments, received June 20, 2022 G-345 Bender-Baird Comments, received June 20, 2022 G-346 Presentation from Cabral-Schinn Submitted at DRC Hearing G-347 Presentation from Anglin Submitted at DRC Hearing G-348 Photos from Meckel Submitted at DRC Hearing G-349 Kohlhoff Comments, received August 29, 2022 The City Staff Report, DRC Findings, and all exhibits are available at the above address and online at www.lakeoswego.citv (type AP 22-04 in the search box at the top of the screen for the Public Record of File). Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY 4. 1 City Council Public Hearing O4 � kr O September 6 , 2022 16. allow OREGo � 499 -22 -000160 -TREE [AP 22 -03] 499 -22 -000158 -TREE [AP 22 -04] Type II Tree Removal 529 8tI St . and 541 8tI St . Haressistoric • -'1111. 4111 . lt,li irObl.m.,1 ;Pr up, 1 1 . 1 444, jet, 4 i•e 0.4.,ri .. ..,,. .e. i. • 16,41141. IL "r rr .Pl• afir.kit Ire, "id ..1 Rd II Pi re'•14111 5` ` f. R. 111'' LitAi ',L Y 1 . '.. ` , 1. ,4 7 4 • ' 'FM" 17 1111..i.'1,416 A ;. , •2 4, .411Cipop 4. . .41, ,I. '11 41. ...1111111p.1111 ji. 4 !t 4.111110r 1,..1!: 411 4 ofiriP112' 411:".21._ • • 2 Al i I It, L -.. ft. it. % . .1/4 • . lik • wp . .i. . .„ , .„ •,,,,., .,.. . , .. I . . s Illi.r11°:'11 4141111; AL • rr ' ..,. .'•1 • 1 : . 2.ser' ...:40.1..it I T I P..io, *•1111%....44re ' •P ' ''' ir AIL ... ....._ iltfe- 0004 ;11. 311. ... . 1.41' .41, ilk. 10411 ." . ., ' 41-1.:, :57 - ••• 1 %- Sli . % 14.. f 4 . ii, . .. 1:44,...ihir-' - iir. A. *IL ti; - .• gip* .. . Iiiii ' .• iiiiit.11:ri _., . Vri-_.r c: " ...: 1 .14... ro i. . irjrrr*I, ii . 4 me" • ' .1!Iii • % I.' _ . ....11. .1 1..Atili b.a• ..die • 4. 1 . t } 1 • • • 7.11. '\ - 1/4 1 i ' ...t.e . . ...., , .. 1 r, . * _:: T•j- •i ° ',' f' s: �Y. `-sue ` '�tl ''S YF X .r:r + F ram, r•: glio.;. , 'r ' ,; ,,•,-�,�`� .. t 1 14 ,+ r } ?MP'air • y ` r a' rp•m P. • •'''' t • •• ` 1•■4 4•�T' '.46 :' -1-it lie F_ 4•q ' 4;._4Y'. _+r'•it ' . h - - Both pro had previously been developed as one lot with a very small single-family dwelling . 529 8 St • and 541 8 St . . . Tree removal plans approved by the DRC , l , • • 1' 1 , , i _ XII in LP rr- it ill I II ....,,...„-ri .1 I / M.. 1 --- -_- • if! %r Fti.E 1 +.15Lsi' i . /f f ji' J P — -r '. 4 .--.--- i 44 i.. 7.:.4."'1.M &- 714e • fl1 _ . _ r5418 Street ,� f .1R I i + , II I 1 77 .�' 1 1 • ;i Five Type II r r` _ - : ,� .�' i : 1 �_ - __ !I. __ 10111 il? , / \ i • i , Removals I � r ; �ree _� , � _ - - : } i Ira �, ��'-Ir +ill- rI r 1 ....e.g, : �� :i:; , r _ - —I: r rrrs�rAi�x�e��o II � � I F�Cr. ma's ` • 0— ?''' �' - - o + ill Jll filjtv/ ..-1. 11 I - ..:11--71 3 ir vr { l ,f-..g.:_.. 4- ... I ii Tree '10323 :-L - 1:,.,../ - -,, it I 1 i. a ga d Yet 1244.. ;1" - _ 21 d_. . ..........lf Ai i - .. ..: 9 ; — 1 11 1,4 55 i i FESdFS} __Tree 101 i . ,__ _, i , r.._• ir I _ t ' _ inert ;' y� , ti a 'E� Y�iTIGyU`-4�_ �T ice. ie um g•• i MODERN) 7 ill - ....„`Wo.„... ...#wi, ! f .4 'RETAIN . 1:;711-16•AP_SE ..E 51fr L. -,1\ Ai Tree 110317 ' '-'"-'' ?Ake- N.••••.•... 6161aliP•ii•aft ; $ I ' 8 SIN 12 1 - _ 3•-„as Mil IMP 'i _- 1'r rr -___- 529 8th Street I1 ' limirk." �� �=g r* :�� I + en gEE dTID �� +r I , I , r� rE_r' - ! • ! --_ ____ 'FourL rl , rite ; 1 r "17n. Lr PE"Al Removals r _ V r �, _ a#alsAW SERER yir (DUN CAN kip- r 1 Tr #�, oy -_ _ _+ .�� ____ I I . 41ed - ir'. -- + e ee ms_'93 3 ' 1II li II±Fr i l I J II -•-•-"-'-•-•-,-/ - . g : if;IL-'2125 la 11/1 II lII 7 II NTH 529 8t1 St . and 541 8t1 st . C • .t • ■ . Tie proposed remova s would .01 • fir ti, • • • y , • •have a significantnegative - �' _ i � � �� � -• --�- r }• byJr ; • + • impact ar4ontie c ia rac er or • :� _. r , - _ �. �_ - •aestietics of tie ti , i ' l' P. X17 :�',�r'.� "'r,, ,.tom: ' ' + � _ •sti r _ ` • ''�'II '' .4!•• :;. .r • - : r •r • IV t. • • • may} • ti _ - *: • �•z ti� 'r 141111 s _ t: _• a , {-■i,' , - ' )`J Fy i r 1 ti .1 l f 7} _J.. '."r: 1 • neig 1 Dor lood . • I..? • F _ � + :5.�=•- . •• •• _ '+M1• t � '.1' ry� y • y • -.r' �'� ^r �'r+ '' - .. •7.+■ti ' _ yi s • it -fY �. ti h; 1'� i - i +. . Zep rr r tin : ... _ 1, • u e o o s s o con i n u of _; r Jr _ ' _ �_.. " f{ _ _ _ : ' • v y± }', i�.. ti _4 e m pi,. r ' ref + 4! . • I '• I r '.,_r ••' r' +*. .r _ Rey �_ �. i. 4ti . • I tie nee nor goo s Ky Iin . - ,- _ :•-� r : , • + �- °' i �' ° r - '� A*C1-1,', +tip � ' ti1 t' •I ,ril - � �'' 4kI • _or • 0 + 1 •. • �}1 . 1 e�{ • -1rrrirea er isn o o ieTr : 1li a. :. � , - : la: is � II • .,1: .2'..54....r..-: .. • - _ irk stand e1ng removedon - I ��, : �Y• . _ � • } ����-� •i � :' - �s: l y:." .tir I OL4111•AMIL .. 1' r .4r ' I 1 4. e a c i ro er .6�- # ••••■ _,i .7.111rompos: • • View of trees from B Ave alley between 7th and 8th St D RC indings : Criterion 3 , Excetions 3 : A ternative Structure ' ens • The Commission finds it is not a reasonable alternative to require the applicant to reduce density, construct a different type of permitted dwelling option ( e . g . , a zero lot line dwelling ) on the two lots , or seek a variance . • The Tree Code is not a development code ; an applicant is permitted to any dwelling option permitted by the development code and then the question is whether there is a reasonable alternative of that permitted use in the zone . ong• • 529 8th St . : la -ill O'' ^ t, � , ' 7��elGfoot DT, r: ! n. pErt.E„. , Liii, 110 ., irl_. %/' 4_,I D' -FIR - TTPE 2 (REMOVAL i .- I .,... ..*, --- . 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I id I .1 II �• r •- �'• 1 1 ' .'c'. —• it 1 1 rr �r I f r ' s I 1 r l 1 ' 1 I I I; _ ,ram I 1 I I ~•i Pam 1= IItii IJ i - �' 1 - ' 1 ' ' er __ . 1 1 - -- . ,rxr:5.• g if ' • ' if-ajr I LI , p Y .M FEL.i - - A. _ ti r I 1 _ ' - - L 1 ■1 mean, 1 _ • .. • i eie• t r G-a •r I 1 III II , ' w - — II 9. r Mr 1.17.17.�.1 r B • Id • PI 529 8 .� * - ,' - 1 - -4 - - ;- oved _ _ ...._ ki � •� I, MAN FLOOR 1 ~~, r --��F S ENT I i- :1 'IF r 1 -E.------ 1 215.01 . .mb.:' - - If03,23. --- Required front yard . - - _,.....-:‹ t ' I il I( i; - ''1setback : ' � '` ,,'r tires `; - TTPE 1 REIOVAL + i. 1• .4..... . . �. GARAGE ; �' i 4� - i l '-' - t � r _ - I m• LOT II Nr; � uG� - -F • - �{ .� 28 -- - _ _ - _ _ v . - = II �F Ti-i � = ARE '.:LT AT 9,41E -I M= t$c, - 1 POOR - _ _ Y k: • =L" F` J!T�115 I�AL' = OBELI=i - -, /y y r �`--___� _ ---____ j \-1\ T I _ I 5 EK I . aI#�}1 t --` _ - ysl ' .4.46 ------ r-- -- 7:7<- — --46 ----- .___ ___ 111 1 % le co •,. , . 1 WATER 14 Icy _ _ 7. f _ + { • art - - ' � �� y �l+ p.- -- ' -Afit * al a '-` —, _17? ::- _ _ - t�' ' ;•--" • 7 FrG. V 20 + % F =tb3 E REPLACED L.4 IITH I TER - _-- _ -�1' . ;r' _ ...„ - 1 1 _iimr_ • N LOOK - 1034 I { 1 :le-_ _ --PF Ems' V-, '' . ti I ..i ' ',4.-: +1C L'" r ,. I --- , - - ' 2 2 0 -*- ' 't.•_; N 1 4EI',/E RE'10' IL �,�- GARAGE i 7: I )"' I fal.----;:71 r_ 7..7. ......: ELF + - - � � ,�•,• U. T, __ al ---} i.ter d..." , e . 71 ' ; S 4wir 1 I __ ,if ill .ii 4 211 will* ri p ..... ji, :_d'. : a. . :.: .. . ., to '1E6)-1Kr--.--L-.e"e. - _ :. -F Z13.11 --_ t t I.�+ I • `' `f { s • ! +' METE f------__'!i! '' itt ii. /� Of .:. 41-' IMIG--lefR .. I 1 tit ,-... -- , ' ,' ii . '1t , t I \ •=-------_-_______ 4, ,.. ,.4- ...i ..41/4,,_, .... ....e_.. .1_ _ ..„ ,. . 0.81 --1---1-1--- --_ _ 1 41. DO ,-Ff q - i ED 1 GAL ttieeiziA -Pt LZACK_ i _ , . , 4, . 79302 �� i I - --- TT 2 REMOVAL AL Required side yard EL •I ; 6 -- -_=__-- Required rear yard setbacks : 7■ ' 5REQUIRED AB vATZN --- setback : 15' . .:Iser -1.9.74rise:00,4, „giro, ,,.,... ..__ --ir-'1, w` Tossee # 10283 -`44 =` ` " '`=-`� i #1 03 1 0 #10302 #10293 ,ter.: -...�. � a 1' t r .ter �� •1•� _ ✓c r41:- 1 • #10283 • = . . � Although this tree is not located in the ..........z...........„...,..........„.....„'4'"N'N" .:6441'411 riP)7_.+''.' ' <-- � • ,.• � W • .. °:¢ proposed footprint, it is not suitable for IN,.......,,,- - _ ....... -,�: � retention with exposure to windthrow .; �. . , ;-- : . y ' ' ,''''" 7 \ � i_ ? � �r 11:111111:= A • \\\::,..\\: � ►maw _ :. a' •.a' • ?3rre _ . . '' from removal of adjacent trees . � , r � �: r� � Y . P � : v f11 �.- -,-r.NI1- _ _ _ N`F ^ `>r `�_'7�w �' °i:" c o :..• Yy°i r r Ats+�'e"!ll"�4� - i 'M;, Si i4` • .s:�� r a' .c•y ... -a .-'4":'11;.:t ' '''' .y, �4• 0: ` ~ r ''�'�' w�TsC S. `. ,' ,� .:: ♦ ��,. _' ., w,4\�1. � - - I� � i \\c.`..,,.. :1 � '' 'r�..1,`.£• L e y •i.. Y"' R` �p�t� igt ' -.."4 -47:311100.- :::: % 4.t ' loWg c 'Pk,'e - -if',,k' •• •.:,,-4,,,i‘... NINill r '' • ' r�� _ - ,-, i•.: ��- - 1 , ' 7 i r e ' .. ,.., . I'+q .Y' , 4 '' 4' n j- _'C Mf7 r f �� ; i: Of I t - ILFZI _ I it rt '-- • '- w4\ .�y. :+. t ( a ... \ MAN FLOOR ; ��if f ��� A► !AI �'rF ENV 1 u �,1, * ' ....... . ., . . �+ t FFaIsi :r R-fi •. ry L 265 i3 ' r 'fi' - - ��±- - @°J 1i s ��2.5.9 !' x u 1F l $63�y" ., u `' t+, Fyi i- \\\\*\ --\-. Required front yard �� ;i �` t� � . . ' ,j , �R �, _ �+ //{{�.� I . ++J I rrY'�G 2 IFi i :r9s- •i. i. �i% � '' a • ';>!' j En setback: L0' , •' GARAGE {Yj 1 3 . r L y 4 11 `kl � as 1Lk 21 � _;: T :i� - .• •1 _—Jcc r ry q r ,'t;r 9�&> c'�i' • a 'r L. t yr • ---..4"."4"---77--------.4 LOT ti� eel, - -yH:R►+G R=GLLR= �� _ .. _ - r ��$ `.� ..ia', " `may • i- r � :'F BASEMEN--EYOAV�L IG� -°8 ... ,Rtl`:O,+' ,A- - ,,. ,. �! . --- - ti :.: .�I:�=;K F i H HO11b ARE 13LLT ..:Cr 7GVE-ME rho -.OR % - `" -_ c,c i t/� , i ti'i' / - iTH19WILLBEDF BlfsPITi /f w�=G� t `iii::-,4„- , ,.f > �, �x� i • _ \f - ----- - • _ -_~ ., ~ ft 'Iti , ' 23'.DOUG-�R • 1 �Td+Jl ?,/a/!I R rj `:of..,Y .0 ::::. 'S 1 r , �y ,�. ;J \\II _ � le Pf7OR r. W ch 'x +�• a Uli�,f.vl1 r ., ' �� 1! .,fj - ••A. -R' \ - _-_ Ffteummenunaliumesp. `rPE?Rrr`'`OVAL� • ` s :t � '� ` \\',,....:.,..:,,....' - 13 / -- i r �1�14 $•T7ti'✓lr' +I, - I __ = — ..v 0L'• �f 4 :4,41t,„:_,..,,,,,T.,.",,,,,:,,i., 8..18Ti13�s 3f4�IGATff2 DETER vs _ _ �- % r - <�s A 707 - � ''AC -------- :n3 - - .¢� ',� 1: "ir -�� ;BE REPO.WAT WITH IT T'IE`1E 4. 1rT _ . � -"_ --- +D �l aV a' — .�I - r 201 a-� - • .'" 11 4�`�s'<OK_% l� ?7PE �- OVAL r '' $, ,. Ai,- ' I - _� '~+j J f+ - ___ 'M FLOOD *- krw'+_J �y 1 +::-.1 + �4 r y� -- N. _ Ir + ", l ir.�c - • � �. •� s ,aye _ >i k .t► , e f•'!. J Z-Tir ____ 4 �__ _ J ELLY r. 4 `�� � �` r - / ! I 1' r �', �I,., i . ' a 1 / 212 ' 1 f` i. i '1 !a: yRA • �k 77, • +7 f + vit. Cli Hv , a EiASEMENT s �itb Frei .rC = _ + e�.e � ��• I, 4. 1' f ' h _SEE E'ESICsN 91 EL�V; + -- - I I r .9 4,k ! VI `�— � — ..A5 Eti�ztERfNG ��`g` °''f ` 2 e7�; _ = -- = r •Z 'x• ' y,, st 1 1ic'4 :�. =R, f _ 4 r =_ _ •— '� - •; i tir' l9 2@1 _ — ,ice psi'_.':•F • •. 1� r � ". r f ' ,, ,_,,—.;_.,is. , .: . _7 --''' -P 1: y. GI • /iv ', / '� a'y .. 1r' r'�TE1�8 .r]' y jii iI i{.. � ,,�y�c-� 1 \ \ti w -❑ ���_z________)>r,. —I d % „J....,gi ••=c10EM I Acc,,,, .111, ..,,,,inse,..r.mr., ' , _ ' s k631B r, ,g '19p9Bf�fT,f 7 :''w�:r /u i •• �\ Y \ask 1' \.'r ``+- ' 1134 r _. D�lJfs- R r• +� G d?97.• f- 4� 4�yrsajez -1.law . - . = lrr; rt I. 1 uC `A aril JirPE 2 REmovAL• t• I - , _ _ _ 1 I 1 3 •rt, �' •' , J __ _� 1.••; 'q •t a6 �- —41`DOUCr IPr fir" ?P''yt !;k 1' 4 �Jtir S' r U _ ? L TYPE 2 REMOVAL + ��'` t .,d ` y' ik U�t �. ' st r � 1, ` e #1$$4q -- -_- . ��� + r t t Y iy 1 I. r c.i �'I r$:fit2. F :: tw 4 1 -- --_= 1 r: + yi I 1 �i5_ it s^ t. ./ ti; *� _ r:l , u � ° frI R r{1 • ���� f T. �R"•'J� _tLEC �+'Qf.J B" - .y.L` I.***\ i t - -, - h 1 ,,SI Iii �v , .,,. e . _ ` rl S.3��1 .' -r J_ r 1 3$2 I $G?BA r 't l I I•,i t' 1�17a1�a `..I, ..,r . r, kf. r g R 1 - 30 DOUG-FIR 201 R-6 , , i. !C r r 206.I' i ---- TYPE 2 REMOVAL14. ;,,,,';�.�;,, �.I. � � � r � • .� ��� ,t Required side yard yea = - Required rear yar •d �� ��� II, � �' � ,�[� f ._ TM �: , `�YL, :�� "owl/ '9 lid •I. �I J h<r �e !!r IY� I'' I �,'� '. 'l�,a` i:, , I _i - "' .'+BFOR ASEMENT ExcAvAnoH I -_ setback: 5' : -. r . ,�� . t� 'a�C1�' 1' . 1��� h I�k' a ;i 1 - setbacks: �.5 :, 529 8th St: View from B Ave -150' south •0rg ' ia 541 8th St . : 1 .1 + 7 14" 5GLEAF MAFLE .--V __---------Y 119,911 + 2 Type 1 trees and 2 invasives L_ : EXI5TING - --- 21 : ' _ _214 J 1 _ .1. 14/ in — _ EL. 1 . ' 114.cc.--------71--- 2.7.5„5 �fr.. .._., , „ „.. . III 1346 Liia MAPLE 7FE 2 REN ALN. . ige , rli - ` 13) IN AOI V E REMOVAL. ,L cNi 1 1 ' . ,r - *K PE I R AL 1 f�� a - Alf cat.51 r _ .,-... 4,0:_e;.,,,t, ,.. / 4 TORMTEC14,.-- 'UP 19'' DatjCI-FIR"'-' 1AI N FLOC ir- FF EILEV:---_--- NI pry I r , I EQ. •4 1rii-i' A EME NT �� ELET ' 'r I . # -. a A 4E , , _ V. :::,..,. iiiiiiiii4•111ri 211.0' • 31e 0014--FIR Ian — =---� d // 4 e REMOVAL 4 di 4 I I I f____.••••...Thl _____ ..... .50 :---°7-4"--.------------.--z-4.4. 4..... 5E.rsAcx. ...../ . it- 4 -=;,/ xliaiii-ia ill 1 r ._ ., • 1 LOT 11 * titeCt$5 (-441kk - ris.i.' - ,..iiikilik N__ , ix k - - .-411i:Y i-. .. ...____.- kw RI— ALIC ••=- . -ft.,. r INVASIVE RVIOYAL ----N 1. 7TPE REMOVAL- lb _ _ N.10111 4 r r- - - ---- 4f D0UG� - 1 the - . 4 nal 41 VI /*/ mac. , :5TEcij:ERRLdeRlyet • " _ �. P R OOND. 4 4 ELEC. - -Y _ L - _ Rb. '4' (--' Ei '25.' WA tER --1 " i AE_ 4SE14KN PROPOSEi) ti T4 - _.C�.4s t ELEC. 4. '.. I I'1 TE r t .. .. ! ' d MET 9" - P rki 541 8th Ste : Footprint flipped Ith / . .. , a•-V/e'er _.___._ 9-idziaF M IUD ■ I 1 ,I• ��, ''' .- - r it f 1 I 71711'6 . ■ w •r sr 11��IrLE'_ ' r - f� `'.�'_ . •LII•ll?r ILL — .• iKr tff 1� •r■ �~ i1 - 1 6 r• - - - - — _• •- 2S- _ �_- • Immh • l.,r, — _ _ r - '1 • r 1 , !{era r_ • _ •J. __Aim. -� Je v. II- II CD fial � 1 ''Z I • I%L••.1•. 1. - - . 77 1 il •- - - -1 -- _ I •I - 1 ;IIIIIVIII- nd-e r all Olt raNCI ik .- _ I 1 . ....1.4._._•-- •-ii ,. .1 Mr 1531dd*mr-. . F • _ n Zr_ill.;1.ry I I 1 _ / • • . - • .1 \ 1 _ _ .1 .,• .1 - 5 - li I I • -IT-II I eL.' . L ,714111111171 hi i II I 1 S '� I . : "' loll -• I I I rr • - ni.: Iffrma" 'J r. 1 1` .. '�• 7 I !'� i I- I I I - ' . . •'� ' �al 1- I� �� 1 ''1.1.■ r �_ Jr L �"-•L .. • = , it - -ti Y • - •L , I _ I I\%,.. ' ' _ I -4 L Y -ti _ i: _ 1 - : fftligN6MIM&It e • - _ - f r - I r r•x'- - _ _ I - ' 1 . er-_- All • 1• !•i• •_ Ir1 • 4 I. . 1.._ — nridi — Mnrt 2 ICITC1111.1L Ala I ir IP; % IIII a.7.2: -.. r� 4T XI rim' — — ��`I;G I' �r `r • Illik ApDroved Bu ! ding Plan . 1 . 5418thSt . : Apjroved i 1 .1i ; -- -6 + • fik• + ;fi�rr� J,tMAPLE _ Required side yard ��•s �I - r 'Jl. i..li'4iLEA -- - SJIr ''�•! ' RETAINED � . - __ _ _ : - ; setbacks : . � GARAGE :--- _ I/ • i4IGLEAF NAPE: ;P rr _ T I - Jam+ i�� r I // r-- • • _1 •f 1 + __-/. .. \ I / \ '_1 l iitalMlil:-t itEla-6lli4nc*i u.-m- —____,2_12 ROLL x BIG LEAF 1APLE-_ _ .NIt:l-g 1.i,•i••e #+ ' -; `.-.,_. _'_' , - A. 211 REMOVAL r 0, . ',1 .- - _ f_ -` •1 =1�r in' ----7_/__ 20•Theii, W03 r • y ka.i-w —� P. 1 k fit ' __ $ r— - - - - - WESTERN FEED Ct A I I - 1- iftleijor II .41 .. Y/ - '11' ° [-% :a 74- ,.. . . , £ y4fg f `4; - .' ' .{ �` • D ' Jam /7 .. - tu POOR ' 5 �_• - 1 •• �� r -_ , cn 1 z TYPE 2 REMOvAL 2'.--1)4v / 1 • A_ .: L. _ ., DRTILIE -------- - •� a '"i ; •�gi , .= PROPOSED , ` __ SUER EE DE CsFr / - '. Ni ? -- " F•-:{ . oo , GA5 1 ELEC. / ' ,- r, �r :`� -I-. 1. A ENGINEER I .• *, METERS - ` WAITER y I d _ -.. . .._. _____ ___ __L_ , -,.,:-- MAN 1=L .f .� .. AEr��Nr 5 ).... .7 e E FF ELE`� 4 ' S - g 1 --- -FF ELE : - ,` • ; - :::t i 15 it.7453,0 2e i k ...- 215.e.' mi \ ' LI:- -- --- . ' , di/ i _ .. ,.L_ ' 0 . F- \ . SiSi" DOUG-FIR n7-- "-- / 'Al.-rP" - a 546E11:166- r-o- ' —LigiT77,,-----4_.__ I 1 ' i \ TPE 2 REMOVAL I (11 • 71 8° LOT 1 _. GARAGEV ><///. ',A /i • /1* _ �� T FF E BASEMENT E CA AT1 4 - YPE 2 1 EC~�01f /__i - - -- --- . .. . �' F B0�`H 1"tfe• ARE SISLT AT BADE TIME, � 5- 2� -.POOR _ - :-__J_ - - . - sue i 1H15 WILL BE az SIG Pr** - -__ _ , 1 � _ 1.1111741.--6 .I,- ,, , I 23" D UG-FIR - _ AL Required rear rFuirl front yard - � r , - __ - {_ __ __ t 5!. Toliees # 10174 a id # 10141 . . ITh • F a Tree # 10174 541 8th Street • - 1 `"' " Maple Although these trees are not located in the proposed footprint, they are • .. + • � 'rt.ilit 4 ' Metal Probe � • L not suitable for retention based on their poor condition with exposure i{`�7k t r • I •jli � . in5e rted into Decay L ; *• 7, � to windthrow and construction impacts . • , *. } A � :� :: ' � * Iti •r ••'). . 'IP el lk .or • :re:I.: • rrik A. ti• 1 • r.4i,1.11; " 4t' • • AL • • T .1 Required side yard ;r � - ,_•i ' 0 PII _ .f;� '� %, R i ik + +A:#.r ,,' t_ r + 32 3�sLEA r EASTING r r r ' T ' ~ I. rgActc vr ae t• er 0H, . • • ".4. RrrANER u setbacks: 7.5' GARAGE I r �I �, '1 . = 4` 3IsLEAF MAPLF fI°J 9r, i f �' I + - �.� 41. � � 1 + I + ` i r 7� 1 ,F• L� K +� t 1 ti ,3 Y • -•' +' w if R} • - ', ,N! o `x,- .' • r ± L. 1 0. , + f r r + 1 �� k # r ! ,. L .Y .,�• ..�5* s @I39 x y t ' .. ', . '�•- 1 W0L17 f _, -F MAPLE_ '•., f r . .i REMO'IAL , ~__ pyir ' 210 1 • ,1:14 '41' 'fill F 1 fts15 • . - .44 -440401. 144.1111M— .11"1111; .- 4 r` 10141 OR 59GI • ..,; .'9 T15D F� - _ ' + . ., 38 RQ G- d £ •- r 1` AasED -{ �'+ • 1 •,t '�i, ,,�M1} !� w . POOR y i ❑ • ' • '� `r % ; f - -- GAS` - ,+ Y + ? • •' fi r }y CRY `!"`.� T * 1«;y .`� TYPE ? REM• .L ~ I2' -J • $45� r: • - �•' 'OSED�' : • ` ?� 4 c - ' ' `�. , DRY-WE - _ PTG. d d PROPOSED S J i4 f r +� . _}h 1~ �` •' '- ' 5k I , ao GAS t ELEC. + r+4A�". �, , * 11 ', ' • i. • . � Gig jj f a + f - AICS ENGINEERING ri •- ' ��, METERS -- + p" f .i ? ''� , � . .' •�1{ + '�~ �� �+- �+ '#F • 1�*•, �' N. ry 70 MAN FLOC e' r- BASEMENT • _ �. •+fr ," _ r 4 Is••• tiF 4 i• $ r 1 FF ELE+ !� ��F ELEV' ~_$' J N `., '+ ag + * a.l ■� f1 o •' r •= ti p , �''} • • i l � 7@5.9' f 4 • �r ?t5.$' • • 36°#103DOUG-FH2 - !it 4,0 �'° I+��i ' *' • ~ � r #� r fyt , '' . /L g�49 - f 7PE? REMOVAL - � o• c + •.• - i _ ` � ' • f LOT 12 F7 rrk„ G,AIRAGE t7 i �• ,+ .tS •• ''� • r� _ iwir1 'c. 4 _.. $. w.. •• ;. . i. ay • EY= p�R _ x f1 ' r 1� + .•, + �'• y { r r - skeiii4-. ' '; 2Ia.0' die .k • fizfiZ� • • r- 17 t j:W LOT 11 JRING REQUIRED. e�__ . .:r Roue-FIR` " 8 • r1 :t� =3 lI-.f 454 1?QIJG Flik OR BASEMENT EXCAVATION e8 7PE 2 REMQYA + �' °" 1 - +i r � c `, rlifb 4e y r • - -_-.... i F BQrW WQMe"S ARE MILT AT SAME TIME, 2- fS41. "'POOR F ~__ti SJrT � r + p; - i r M : ;� i fWlS WIi1 BE CSvE SIG Ali• _ - ''�y '� •_r�. � i `' ' r ` I �ti 1 ti G-FI R-V i • •# ,-r r r • r.*i. • +t R- POOR COND. TYPE 2 REMOVAL I _ - __ Required rear yard r �:.` �: r + �y,1 '• M. Required front yard - _____=_-f::_. -__ ' ;. , . -� _ - L,'�� , setback: 15' . � � i�: z ; ;AIL° . setback: +` +• � 4 � �T r = '.' W` `� •I L __`_ _ it r _ R r , + r I r I - I ++ 1 +i1 //' 7 " A te , iat ve te S 3 a is !ill I r r i r i 'If + Ji/fr II(f ....;.. - .; II' r 3 resented at tie j'47, ' 14:. r = I r • • . . Z i r 5 4rt r•-f..''.-ram • + 21 fz f rI I • J i i I* yx of cal thaw A�alist Ziavotes f -+ J m re11CM1l�hd.suoi5 u - r. i rr .�' �}�'�u _ - i •. '-+ ,i---,. ..-- /r „ 'fir�. ) RC -leaning . i / f _ #� +r q rr 4. + ;; :; ;� '-per 541 8T4# '(•REET 1.. 2 r r ' . _-.:t ti J + 1-' D N) Property line • 2,- ,..-:.•:li - ' ----M.: , • r P g + ,,, .. Q :xru-f.o- I r J r r p p + r f 1 r + --� 1 y� ] ; K - + J ifi11 ai , ff I + r1 , _ r .r r i r + 'a P I —Fy �I ;1•I Iy Ir15F�] i + J r7 J I ' it ,�J J r r r I ' TRADITIOIA + 1 r 1 + �r r i ::& 1Y+o F.`T \ t 11 r r It3 + + 1 +lik 1J r J + yes . . r NORTH 7 /{ frtr.. G ' -_ + r I I J i" i r I r' "� I + r r)8( .jii--. A ,,1.,, ill/ 2 • rr.:A, .:rj.,".;.:77,:l : t ,,..,,: : r 1 4); r 1 of r , + � .J • LI/II -la 'CC r7F J 1 � r 1 r ti �'rfr r f ; + fir --- r , 4' r- I 5 < J J ' s [ - - -• s 54i STH STREET .I,. :, i , Y ", J f (DtiNCAN MODERN) Property line I7 J r.i. ,12'?'"44'L • . . rJ f F .1 . . r r i a r 1 lQ� A ;- if + r r i_ .1 V --- , I .)-•J d J el, 3R _ -+ I r , r4. jl J -- r r 4l 4 J aJ+ ar+ 9fiRE£r k--- 1 (DUNCAN Neither of these are considered reasonable alternatives r sr r + f TRADITIONAL) iJ . v5 ' .:.• P-7--L s because any alternatives must comply with Code and 6' 1 I r . 5f$,X' }' N TA neither of these plans comply with setbacks . r 1 r r t J r J I 1 J I r S 1 r J r i J + I r J J I I J 0 r r Staff Recommendation : Per tie Deve opment Review Commission ( " DRC " or " Commission " ) decision , Staff recommends approva of Tree Remova App ications 499 - 22 - 000158 -TREE and 499 - 22 -000160-TREE . — . r - - Aloe _11111: II? il IIII ._,_.---Y 01 II 7 N Nii.'' .1 - - - _ -- g� 0 is�sue .....4.7 _ •5T�,{ t a Ili . :2 Slia.E.1•F N'AFtE I 11.15.31' przeir. ,... ._, r- � � CI — a I'll 1111 II 11 I ' 11 ,,.------Vik ....ye" 115 .• .....J! pr..% 214 41Illakijiiii"r3 ill 1 il 1 7 f I r '�• �. •', ; f J I r k r ut. _..2112 '� 1 r, • ' -- , - -_ Z - 1 ! I .ice ' _ i , ' L_-- _ _— — �—. —` — ...roliereeot-j1"1 firl) II I li g. �1 'I ram _ : W Oil . 1.11?'7P' Tree 10174I Facidago ' Lrl `'riiiir.7..;.. 4 .. IF( ailopracir r- -_ __ __ ._ ._ . E a- 1 $ ill Cel i km r%re. 1+1 I 2111%. _ I�'_,,a "id" or i r - •�� vL L ' •L .J 1� !���. ~ + r i y ir TI� Tree 10141 • - :4 jatik.a. .._ J il •L _ ..., r\ 4teir _ _ iii II dr ...• ... . ' Or ''. — 1 il Tree 10323 HL---'-'_,.r' t____er. ll it • i .-• ——=-5. zier._--- 3.__.1 _ 11.11b1 kifelki ,fr il.-:. L-1 A i r j I 0 r FF dr i ..! ..: i a isar Li Jill ..... I' t- : P = -- / i _ . rs.Thu,..• 0_,--3 r i air 41*\ 1 P 1 41,11V . _,j :; 'i • I 1 � 'r .1;1' .--__,_ -. : - Tree 10171 : . i � ' -lull " 3I ' y I i ,_541451-1-1 STREET ND1 r _ ! , r. _I '�U TIC ti _ _ `- Ll -_- .`" r. - I I 1 ,� 1 rl �L 'SEE '�I -- -45 - Tree 10317 1 (DUN AN ci E I 1 iff11 ~� _ to. L,'L' . 111' Ale-r----C Z ' _fi . - if T 1_- I -11 °111..1111*- jr_Iy11'IA'ER MEN a I - WinI`_ '1 } - - . ' _y _ T '�E REPLACED L1TE1 I PETER �.6 i . . •+� _- _• _ 1 -—1 1 1' e . II ; $ i MI Fi—nEllIZ 'r ir .. ...1 / 0 0 1 T I N. 9 if 11. g. Tree 10283 til r , .... ,.., - IEL.Er _ tin di . 144, ''-• . ' , .. . i -.n. .1. .1. .N_Ef IP,. li. ,......1,,, • sme. .E.., -41 mi.0, il[ il 'I 1 .f 2 M r : - F, I JZI .11:: .. 77 , _ _ I .i.)1... iii . 7pra.c . i II 4 ll 1/111 0 4 II ; I' ,i 4 • .....,.: _. . : -.., .-,. ...,„. CO I It7 s .f 1 3 � 1 • ,bi ..'I'I vG R' I i +-y_._= I'r J.• ;I , A . : .1 I -Cr; i 2 E3T1--1 STREET _ 1.----L-7'.17/ (DUN CAN •7S I il r I TRADITIONAL) •011 ---- ..... _ i•giel NM41 1.4 Nit,....1 ji 1 \ il Tree 10310 . • 3ier if I--- . r , i _._ , . .._,_,..• ... _ _ . 1 •2 z Tree 10293 212Pii5 11 N r L I it r + I ` I - ' ` - -1.27 7N-�LIC y- 11l —. iti,...r., . -1-111 f fil 1 1 I Tr 1 1 LOC 55 . 02 . 080 Criteria for Issuance of Type II Permit 1 . The tree is proposed for removal because it has outgrown its landscape area or the removal is part of a landscape plan, or in order to construct development approved or allowed pursuant to the Lake Oswego Code or other applicable development regulations . The City Manager may require the building footprint of the development to be staked to allow for accurate verification of the permit application; 2 . Removal of the tree, considering proposed mitigation measures, will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3 . Removal of the tree will not have a significant negative impact on the character or aesthetics of the neighborhood . This standard is met when removal of the tree(s) does not involve : a . A significant tree; b. Alterations to the distinctive features or continuity of the neighborhood skyline, as viewed from all public streets and properties within 300 ft. of the property; c. A tree that serves as a visual screen between a residential zone and an abutting non-residential zone, or between a low density residential zone and a medium or high density residential zone, or between a medium and high density residential zone; d . A street tree; or e. Greater than 50% of a stand of trees. Exceptions : This subsection (3) is not applicable when : a . A tree is likely to or will continue to cause damage to a permanent, viable existing structure, or to infrastructure, such as utilities or paved landscape features, that cannot be remedied through reasonable tree maintenance or pruning; or b. Alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. In making this determination, the City may consider alternative site plans or placement of structures (development purpose) or alternate landscaping designs (outgrown landscape area; landscape plan) that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Lake Oswego Code. 4. Removal of the tree is not for the sole purpose of providing or enhancing views; S . The City shall require the applicant to mitigate for the removal of each tree pursuant to LOC 55 .02 .084. Such mitigation requirements shall be a condition of approval of the permit. 4.2 ❑�c��` �� COUNCIL REPORT ___ 0 OREGOr' Subject: Appeal of the DRC Approval of Type II Tree Removal Application 499-22-000158- TREE (AP 22-04) Meeting Date: September 20, 2022 Staff Member: Evan Boone, City Attorney Pro Tem Report Date: September 14, 2022 Department: City Attorney's Office Action Required Advisory Board/Commission Recommendation ❑X Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Continue Adoption of Findings, Conclusion and Order to October 4, 2022 Recommended Language for Motion: Move to Continue the Adoption of Findings, Conclusion and Order on AP 22-04 to October 4, 2022 Project/ Issue Relates To: Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable BACKGROUND The Council conducted a consolidated public hearing on appeals by the First Addition Neighbors — Forest Hills Neighborhood Association (FAN), of the Development Review Commission's (Commission) decision to approve applications by Renaissance Custom Homes, LLC for removal of: Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 2 • AP 22-03: Four Douglas-fir trees (30"- 52" DBH) at 529 8T" St. (Tree Removal Application 499-22-000160-TREE), and • AP 22-04: Five trees [a Bigleaf maple (36" DBH) and four Douglas-firs (23"- 47" DBH)] at 541 8th St. (Tree Removal Application 499-22-000158-TREE). The Council separately considered each appeal in its deliberations and: • AP 22-03 (529 8TH St.): The Council continued its deliberation to September 20, 2022. • AP 22-04 (541 8th St.): The Council (5-1) tentatively denied the appeal and approved the application with conditions, which included the conditions of approval in the Commission's decision (the Council also included additional conditions of approval), with directed staff to present written findings, conclusion and order to be brought back to finalize the Council's tentative decision on September 20, 2022. The Commission's conditions include Condition 1: "Approval is contingent on the approval of Tree Removal Application 499-22-000160-TREE, for four trees at 529 8th St, in order to comply with LOC 55.02.080(2), protection of adjacent trees." The tentative decision in AP 22-04 (541 8th St.) was to condition removal upon approval of the companion tree removal application in AP 22-03 (529 8th St.), and the Council is still deliberating on AP 22-03. It is anticipated that the Council will then make a tentative decision and direct that written findings, conclusion and order be presented to the Council at its next meeting, October 4, 2022. Following consultation with the Mayor, I have delayed preparation of written findings for AP 22-04, so that they may be drafted in conjunction with written findings, conclusions and order for AP 22-03. I have notified the applicant's counsel that the findings will not be presented for adoption on September 20. RECOMMENDATION Given that written findings for AP 22-04 have not been prepared, I recommend the Council continue its consideration of adoption of written findings, conclusion and order to October 4, 2022. Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY 5.1 tik 4� COUNCIL REPORT � r o ORE00t.4 Subject: Resolution 22-31, Extending Timeline for Sale of Boones Ferry Road Property Meeting Date: September 20, 2022 Staff Member: Scot Siegel, Director Report Date: September 7, 2022 Department: Community Development Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑X Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X Consent Agenda Staff Recommendation: Adopt Resolution 22-31. Recommended Language for Motion: Move to adopt Resolution 22-31. Project/ Issue Relates To: Affordable housing Issue before Council (Highlight Policy Question): ❑X Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable ISSUE BEFORE COUNCIL Whether to extend the timeline for closing on the sale of the City's former construction staging property on Boones Ferry Road (subject property) to Metro. EXECUTIVE SUMMARY On June 21, 2022,the City Council adopted Resolution 22-18 approving an Intergovernmental Agreement (IGA) ("property sale IGA")for the sale of subject property to Metro for development of multifamily affordable housing contingent upon the Council's approval of a development solicitation. Council also adopted Resolution 22-19 approving a "development solicitation IGA" Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 2 between Metro,the City, and the Housing Authority of Clackamas County(HACC)for preparation of the development solicitation. Closing is to occur within 150 days from execution of the sales agreement on June 28, 2022, or not later than November 25, 2022. Metro has commenced a stakeholder engagement process in coordination with the City and HACC for the purpose of drafting the solicitation, which is expected to conclude by November 2022. The parties will need additional time to finalize the development solicitation for presentation to their respective governing bodies, necessitating additional time for closing on the property sale. Metro has also committed additional funds to HACC for development of the project, requiring a minor amendment to the development solicitation IGA. Resolution 22-31 authorizes the City Manager to execute amendments to both agreements: • Amend the property sale IGA to extend the latest closing date to January 20, 2023. (Exhibit 1) • Amend the development solicitation IGA to reflect Metro's updated financial contribution to HACC(Exhibit 2) BACKGROUND The proposed amendments are part of the City's ongoing work toward developing affordable workforce housing on the subject property, consistent with the Comprehensive Plan and City Council goals. ATTACHMENTS 1. Resolution 22-31, with Exhibit 1 and 2 Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 RESOLUTION 22-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY OF LAKE OSWEGO AND METRO (AMENDMENT 1) FOR THE SALE OF THE BOONES FERRY ROAD STAGING PROPERTY FOR DEVELOPMENT OF AFFORDABLE HOUSING WHEREAS, the City of Lake Oswego supports the creation of new multi-family affordable housing options within the City, consistent with the Lake Oswego Comprehensive Plan; WHEREAS, the voters of the Metro region approved Ballot Measure 26-199 (2018), providing $652.8 million dollars in funding to build new affordable housing in the region (the "Metro Housing Bond"), of which the Housing Authority of Clackamas County (HACC) has been allocated $116,188,094 to build new affordable housing in Clackamas County, via an Intergovernmental Agreement between HACC and Metro; WHEREAS, HACC has created a Local Implementation Strategy (LIS) outlining approaches for achieving its share of affordable housing unit production targets required by the Metro Housing Bond, and the LIS supports the creation of affordable housing opportunities in Lake Oswego; and WHEREAS, the City owns approximately 1.4 acres at the intersection of Boones Ferry Road and West Sunset Drive ("subject property") that was purchased in 2018 for use as a construction staging area for the Boones Ferry Road Improvement Project; and WHEREAS, on June 21, 2022, the City Council adopted Resolution 22-18 approving an intergovernmental agreement for the sale of subject property to Metro for development of multifamily affordable housing contingent upon the Council's approval of a development solicitation prepared by Metro; and WHEREAS, on June 21, 2022, the City Council adopted Resolution 22-19 approving an intergovernmental agreement between the City of Lake Oswego, Metro, and the Housing Authority of Clackamas County (HACC) for preparation of a development solicitation for the subject property; and WHEREAS, Metro has commenced a stakeholder engagement process for the purpose of drafting a development solicitation, which is expected to conclude by November 2022, requiring additional time for closing on the property sale; and WHEREAS, Metro has committed additional funds to HACC for development of housing on the subject property; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The City Manager is authorized to execute Amendment 1 to the Intergovernmental Agreement with Metro, extending the property sale closing date and updating Resolution 22-31 Page 1 of 2 other facts not related to the property sale, in substantially the form attached as Exhibit 1. Section 2. The City Manager is authorized to execute Amendment 1 to the Intergovernmental Agreement with Metro and the HACC, updating Metro's contribution to the project, in substantially the form attached as Exhibit 2. Section 3. Effective Date. This Resolution shall take effect upon passage. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 20th day of September 2022. AYES: NOES: EXCUSED: ABSTAIN: Joseph M. Buck, Mayor ATTEST: Kari Linder, City Recorder APPROVED AS TO FORM: Evan Boone, City Attorney Pro Tern Resolution 22-31 Page 2 of 2 DocuSign Envelope ID:58187FFB-3BC2-4848-BB01-7907AA1 E321 E EXHIBIT 1 Metro Contract 938070A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT OF PURCHASE AND SALE THIS FIRST AMENDMENT(the "Amendment") is made and entered into as of the last date of signature below (the "Effective Date"), by and between the City of Lake Oswego ("Seller"), and Metro, an Oregon municipal corporation ("Metro"). RECITALS A. Seller and Metro are parties to an Intergovernmental Agreement of Purchase and Sale, effective June 28, 2022 (the "Agreement")for real property located at the intersection of Boones Ferry Road and West Sunset Drive, in the City of Lake Oswego, Clackamas County, Oregon, as legally described in Exhibit A of the Agreement. B. The Agreement provides that Closing occur no later than 150 days after the effective date of the Agreement. By the terms of the Agreement, Closing is currently scheduled for November 25, 2022. Seller and Metro (the "parties") concur that additional time is needed for public engagement, developer solicitation and City Council approval of the sale of the Property, pursuant to Section 7 of the Agreement.The parties wish to extend Closing and Metro's Property Inspection Period on the terms and conditions set forth in this Amendment. C. Capitalized terms which are used in this Amendment shall have the meanings given to them in the Agreement except as amended by this Amendment. In consideration of the foregoing and the mutual covenants of the parties set forth in this Amendment, the receipt and adequacy of which are acknowledged,the parties agree as follows: TERMS 1. Section 3, Closing Date,will be replaced with the following provision: "This transaction shall close no later than January 20, 2023, unless otherwise extended as set forth herein (the "Closing Date" or"Closing"). If the Inspection Period is extended, the Closing Date will be extended by an equal number of days. Closing will occur at the office of the Title Company." 2. Section 5, Metro's Due Diligence and Inspections,will be replaced with the following provision: "Metro will have until December 22, 2022 (the "Inspection Period")to examine the title to the Property and address or accept the Unacceptable Exceptions, perform its environmental and other due diligence, determine if Metro's Conditions Precedent to Closing are satisfied and otherwise determine that the Property is satisfactory for Metro's use.This period shall be automatically extended if the City fails to timely deliver the Due Diligence Documents, as set forth below." 3. Counterparts; Delivery. This Amendment may be executed in counterparts. Delivery of this executed Amendment by e-mail or facsimile shall be sufficient to form a binding agreement. Page 1—First Amendment to Intergovernmental Agreement of Purchase and Sale DocuSign Envelope ID:58187FFB-3BC2-4848-BB01-7907AA1 E321 E 4. Effect of Amendment. The parties ratify and confirm the Agreement. Except as amended by this Amendment,the Agreement is unmodified and in full force and effect. IN WITNESS WHEREOF, Seller and Metro have executed this Amendment as of the Effective Date. METRO, SELLER: an Oregon municipal corporation: By: By: Marissa Madrigal Martha J. Bennett Chief Operating Officer City Manager Date: Date: Page 2—First Amendment to Intergovernmental Agreement of Purchase and Sale DocuSign Envelope ID:AOOEFD4A-35DB-4EA8-BC9B-F944C603CEDC EXHIBIT 2 Metro Contract No. 938070 and 938070A 1ST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR DEVELOPER SOLICITATION AND SELECTION THIS 1ST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR DEVELOPER SOLICITATION AND SELECTION ("Amendment") is entered into by and between Metro, a municipal corporation established pursuant to ORS Chapter 268 and the Metro Charter ("Metro"), the Housing Authority of Clackamas County ("HACC"), and the City of Lake Oswego (the "City"), an Oregon municipal corporation (each a "Party"; collectively, "the Parties"). This Agreement is effective as of , 2022 (the "Effective Date") RECITALS A. The Parties entered into an Intergovernmental Agreement for Developer Solicitation and Selection, effective August 15, 2022, Metro Contracts #938070 and #938070A, (the "IGA"), providing the terms and conditions under which the Parties are to cooperate with each other in a developer solicitation and selection process for the redevelopment of the "Boones Ferry Property" hereafter defined, and establishing the amount of Clackamas County's Metro Affordable Housing Bond Measure Site Acquisition Program ("SAP") funds ($7,150,000) that were to be committed to the acquisition, site preparation and development of the Boones Ferry Property. B. On, June 28, 2022, Metro and the City of Lake Oswego entered into an Intergovernmental Agreement for Purchase and Sale (Metro Contract#937973), governing the sale to Metro of the "Boones Ferry Property" - six undeveloped tax lots at the intersection of Boone's Ferry Road and West Sunset Drive owned by the City of Lake Oswego - for redevelopment into affordable housing using Metro Affordable Housing Bond Measure ("Metro Measure") funds. C. HAAC has requested that, instead of committing $7,150,000 of the $12.9 million of SAP funds allocated to HAAC under the Metro Measure to the Boones Ferry Property and reserving the balance for a future acquisition, HAAC opts to commit the full $12,909,788 to the acquisition, site preparation and development of the Boones Ferry Property. Page 1 — First Amendment to Intergovernmental Agreement for Developer Solicitation and Selection DocuSign Envelope ID:AOOEFD4A-35DB-4EA8-BC9B-F944C603CEDC AGREEMENT 1. Adjusted HAAC Contribution. HAAC agrees to allocate the full $12,909,788 of its Metro Affordable Housing Bond Measure Site Acquisition account to the Boones Ferry Property. Section 6.4.3 of the IGA is thus modified as follows: 6.4.3 An all-in contribution of seven million one hundred fifty thousand and 00/100 twelve million nine hundred nine thousand seven hundred eighty eight dollars ($7,150,000.00). ($12,909,788). This contribution will be inclusive of Metro's acquisition, due diligence, and other expenses incurred by Metro in preparing the site for disposition, including but not limited to any environmental investigation, mitigation and administrative compliance costsfor the site. 2. Metro Contact for Notices. Metro's point of contact has changed. Section 14 of the IGA is modified as follows: Metro Elissa Ge tlerAndy Shaw, Planning Director 600 N.E. Grand Avenue Portland, OR 97232-2736 Email: Elissa.Gertler@oregonmetro.govAndy.Shaw@oregonmetro.gov Phone:503 797 1752 503-797-1763 3. Metro and LIP hereby ratify and confirm this addition and modification to the terms of the IGA. All other terms and conditions set forth in the IGA are hereby confirmed and remain in full force and effect. Page 2— First Amendment to Intergovernmental Agreement for Developer Solicitation and Selection DocuSign Envelope ID:AOOEFD4A-35DB-4EA8-BC9B-F944C603CEDC 4. Counterparts. This Amendment may be executed in any number of counterparts, each of which will be an original, but all of which will constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the Effective Date. Metro Housing Authority of Clackamas County By: By: Name: Marissa Madrigal Name: Tootie Smith Title: Chief Operating Officer Title: Chair Date: Date: City of Lake Oswego By: Martha Bennett Title: City Manager Date: Page 3— First Amendment to Intergovernmental Agreement for Developer Solicitation and Selection 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 8.1 Wildland Overview LOFD EMAC is a national interstate mutual aid agreement that enables states to share resources during times of :,.. disaster. h : , :,, ,,.: 4 II i s • Conflagration Declaration - 4 . ,.i, . • '— : : I State of Oregon reimburses local firefighting departments for expenses when mobilized . 2020 5 Fires Experience, lessons learned $18,697.31 generated SB762 (Type 3 Heavy Brush) 4 Certifications 04. Asir 0A0Qt,1 rele ofr T'i 2022 Two Fires: BU and BC responded Home Assessments (103) iii. fit, Fire Wise/Neighborhood AssessmentsItic. is •- _ - ilt, f i 1.-,- ir , , 1 - . Py WHY? Community Urban Interface/ McIver State ;, if. . Park f t alii7., f 9 Building Relationships itive, y Prevention , , , 4 -„ . . 0 . ' 44 ` I . State and Federal Funding 1. 74 ; • igi It's the right thing to do ' ,_. z4- 9.1 D 4� COUNCIL REPORT 44 o ORE00t.4 Subject: American Rescue Plan Act (ARPA) Nonprofit Grant Recommendations Meeting Date: September 20, 2022 Staff Member: C. Olushola Taylor, Management Analyst Report Date: September 9, 2022 Department: City Manager's Office Action Required Advisory Board/Commission Recommendation ❑X Motion ❑X Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑ Not Applicable ❑ Information Only Comments: ❑X Council Direction ❑ Consent Agenda Staff Recommendation: Approve the ARPA Nonprofit Grants as recommended by the ARPA Funding Advisory Committee (Attachment 4). Recommended Language for Motion: Move to approve the ARPA Nonprofit grants as recommended by the ARPA Funding Advisory Committee. Project/ Issue Relates To: Issue before Council (Highlight Policy Question): ❑X Council Goals/Priorities EAdopted Master Plan(s) ❑Not Applicable BACKGROUND The American Rescue Plan Act (ARPA) was approved by Congress in March 2021 to support community recovery from the COVID-19 Pandemic. The City of Lake Oswego received $8.8 million of ARPA Funding. In September 2021, Council allotted $600,000 of the City's ARPA funds for a grant program to assist nonprofits that support tourism in Lake Oswego, and nonprofits that aid Lake Oswego residents negatively impacted by COVID-19. To aid in the Council's Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 2 allocation of the funds, Council appointed the ARPA Funding Advisory Committee ("committee"), which began meeting in December 2021 to: • Determine grant eligibility requirements; • Create a streamlined application process; • Conduct nonprofit outreach; • Review applicant proposals; and • Recommend grant recipients to Council. DISCUSSION Of the ARPA Funds, $50,000 is recommended to be allocated to the Lake Oswego Chamber of Commerce external from the nonprofit grant program. The Chamber is in an ongoing tourism and economic development partnership with the City. The Chamber's proposed use of funds is eligible and corresponds with the City's economic development plan. For the remaining $550,000 grant funds, a grant application and evaluation process was developed, as explained below. December 2021-March 2022: ARPA Final Rule Issued and Grant Process Refinement The committee utilized a guideline that nonprofit organizations must use funds within 18 months of disbursement, to ensure compliance with the federal expenditure deadline of December 31, 2026. Nonprofit organizations could apply for two types of funding: • Reimbursement grants are for expenditures related to operational costs that occurred beginning on January 27, 2020. Examples include but are not limited to rent, payroll, videoconference licenses, and products purchased to mitigate the spread of COVID-19, such as masks, hand sanitizer and plastic barriers. • Programming grants are for services and activities related to tourism or benefit individual Lake Oswego residents negatively impacted by the pandemic. Some eligible examples are: o Arts, history and culture programming; o Offering mental health services for domestic violence survivors; and o Costs to cover future fundraising events. Eligible nonprofit organizations were able to apply for either or both grant opportunities. A separate application was required for each funding type, however many questions overlapped to avoid an unduly extensive process. A Frequently Asked Questions document was created and updated as necessary to assist with the application process (Attachment 1). Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 3 April-June 2022: Community Outreach and Scoring Considerations Applications were open from April 11 - May 13, 2022 and advertised through the following platforms and entities: • Print media — LO Review and HelloLO • Social media posts on the City's Facebook, Instagram, Nextdoor and Twitter accounts • Direct outreach to: o City boards and commissions o Lake Oswego neighborhood associations, o Lake Oswego School District, o The City's faith-based listserv, o Asian Pacific American Network of Oregon (APANO), o Unite Oregon, o Coalition of Communities of Color, o Urban League, o Latino Network The City also hosted a virtual information session on April 14, 2022 for nonprofit organizations interested in learning more about the grant program. In April and May, the committee made a scoring matrix inclusive of eligibility requirements from the ARPA final rule and City Council direction (Attachment 2). In June, four members of the committee formed a subcommittee to review all eligible proposals and form a list of follow-up questions for each applicant.' Of the 14 nonprofit organizations that applied for funding, only one proposal did not move past the initial review process. (That applicant was a new nonprofit organization requesting startup costs. This use is ineligible because the applicant must have experienced a negative impact related to the COVID- 19 pandemic.) August-September 2022: Subcommittee Scoring and Committee Recommendation Letters were sent to the remaining 12 applicants with follow-up questions from the subcommittee. Upon receipt of responses, all applications (except the Chamber) received scores and funding allocations during the final subcommittee meeting in late August (Attachment 3). On September 8, 2022 the Committee voted on the recommended award amounts, which totals $501,661.00. Including the Chamber allocation, the proposed total amount awarded is $551,661.00 (Attachment 4). 1 Subcommittee member Megan Tian stated a conflict of interest for the Rotary Club of Lake Oswego, Rotary Foundation and Chinese Friendship Association of Portland. Ms.Tian did not score or have access to applications for the aforementioned organizations. She was not present for the deliberative process for these applicants. Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 4 The committee recommends reaching out to two award recipients to determine if they are eligible for a portion of the remaining $48,339: 1) Respond to Racism's proposal includes $30,000 for a historical art display of sidewalk etchings and interpretive panels "that communicate historically relevant information regarding the history of racism in Lake Oswego and the City's aspiration to be free of racism." The subcommittee inquired about confirmation of cost estimates (Attachment 5). 2) I Love Lake Oswego was awarded $3,000, however the committee expressed interest in awarding more funds if the applicant can provide additional specificity about how the original request amount of$15,000 would be spent (Attachment 6). If there are funds remaining after re-engaging Respond to Racism and I Love Lake Oswego, the committee recommends that the balance be allocated to the Chamber to fund an additional year of services. RECOMMENDATIONS Approve the ARPA Nonprofit Grants as recommended by the ARPA Funding Advisory Committee. ATTACHMENTS 1. ARPA FAQ Sheet 2. ARPA Nonprofit Evaluation Sheets 3. Subcommittee Nonprofit Scores 4. 2022 ARPA Funding Advisory Committee Grant Allocation 5. Respond to Racism Application and Letter Response 6. I Love Lake Oswego Application and Letter Response Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 o<lA -6 0 s4_ o °Recor� City of Lake Oswego ARPA Nonprofit Grant Program FAQ How do I know if my nonprofit is eligible? Eligible nonprofits must meet the below minimum requirements: • Be a registered nonprofit with the Internal Revenue Service; • Serve individual Lake Oswego residents negatively impacted by COVID-19 or promote tourism in Lake Oswego; • Experienced negative economic impact caused or made worse by COVID-19, or serve Lake Oswego residents that have been negatively impacted by the pandemic; and • Programming funds must be expended 18 months from date of disbursement • Note: Organizations that received other COVID-19 funding assistance such as, but not limited to, Federal CARES Act funding and Paycheck Protection Program (PPP) loans are eligible to apply for ARPA funding so long as expenses are not duplicated My nonprofit serves Lake Oswego residents. What does "negatively impacted by COVID-19" mean? A nonprofit's target service population is negatively impacted if there is an identifiable need or negative economic impact that was caused or exacerbated by the COVID-19 pandemic. This includes populations that were disproportionately impacted by the pandemic: • Racial and ethnic minorities • Low-income households • Socially vulnerable communities My nonprofit is not in Lake Oswego; can I still apply? Tourism nonprofits must be in Lake Oswego. Nonprofits serving individual Lake Oswego residents are not required to be within the city. My organization was just recognized by the IRS as a nonprofit during the pandemic; can we still apply for reimbursement? Nonprofits may apply for reimbursement funds if: 1) Costs were incurred on or after January 27, 2020; and 2) Organization was recognized as a nonprofit by the IRS at time of expenditure. Attachment 1 Which application should I use? There are two applications available: • Reimbursement: this application is for nonprofits seeking reimbursement for expenditures related to operational costs that occurred beginning on January 27, 2020. Examples include but are not limited to rent, payroll, videoconference licenses, and products purchased to mitigate the spread of COVID-19 such as masks, hand sanitizer and plastic barriers. • Program funding must be used for services and activities related to tourism or benefit individual Lake Oswego residents negatively impacted by the pandemic. Examples include but are not limited to: o Arts, history and culture programming o Providing meals for those experiencing food insecurity o Offering mental health services for domestic violence survivors o Unemployment assistance o Costs to cover future fundraising events Can nonprofits apply for both types of funding? Yes, nonprofits may apply for both reimbursement and program funding. Nonprofits must complete both applications to be considered. What information is needed to apply? Nonprofit Overview • Nonprofit Name • Nonprofit Physical Address • Nonprofit Mailing Address (if different from physical) • County • Nonprofit Contact Information: Name of contact/title/phone number/email • Employer Identification Number (if applicable) • Number of employees (if applicable) • DUNS (not required) • Number of years as a nonprofit • Mission statement (optional) • Population served • Website address (optional) Grant Request • Grant amount requested and description for use of funds Attachment 1 • Summary of negative economic impact on nonprofit, or description of COVID-19-related negative impacts experienced by Lake Oswego residents assisted through services provided by nonprofit • Budget documents showing actual revenue and expenditures for the following timeframes: o January-December 2019 o January-December 2020 o January-June 2021 • IRS Determination Letter • Current operating budget (program application only) • Proposed timeline for expenditure of funds (program application only) How do I look up my nonprofit's Determination Letter? Determination letters can be found at the following website: https://apps.irs.gov/app/eos/. Under "Select Database," choose Determination Letter and "Search By" your nonprofit's name. What is the minimum and maximum amount for grants? There is no minimum or maximum grant size. Funding awarded will depend on volume of applications and demonstrated need for financial support. What factors are considered when assessing applications? • Clearly identifies how nonprofit: o Serves Lake Oswego residents negatively impacted by COVID-19, or o Supports tourism in Lake Oswego • Identifies economic harm caused or made worse by COVID-19 for nonprofit or the Lake Oswego residents served • Use of funds must be related to negative impact identified • Proposed use of funds is proportional to economic harm or hardship (e.g. not requesting in excess of economic impact) • Budget and other supporting documents demonstrate a financial need • Volume of applications received Are there ineligible uses? • Loss that bears no relation or are grossly disproportionate to the type or extent of harm experienced due to the COVID-19 public health emergency • Contributions to rainy day funds, financial reserves, or similar funds • Payment of interest or principal on outstanding debt instruments • Funding for programs or organizations that do not serve Lake Oswego residents • Inherently religious activities, such as worship, religious instruction, or proselytization and/or those that promote or inhibit religious interest Attachment 1 What is the timeline for the grant process? • Monday. April 11th: Grant applications open • Friday. May 13th: Grant applications close • Weeks of May 16th and 23rd: Applications reviewed by Staff for completeness and sent to Committee • Weeks of May 30th and June 6th: Applications reviewed by ARPA Funding Advisory Committee • July 5t—": City Council presentation of recommended awardees • Week of July 11th: Awardees notified of grant funding Nonprofits will be notified if there are any changes to the above timeline. Funding will be disbursed approximately 2 weeks from receipt of completed award confirmation letter. Will there be more than one round of funding? Number of rounds will depend on volume of applications and funding needs. Who do I contact if I have questions? For questions, please email arpa@lakeoswego.city or call: • Madison Thesing, Assistant to the City Manager—(503) 534-5285 • Charity Taylor, Management Analyst - (503) 675-2543 Attachment 1 ATTACHMENT 2 Lake Oswego ARPA Grant Evaluation Rubric— Nonprofits Serving Lake Oswego Residents Metric System: The following metric was developed to streamline the evaluation of ARPA grant proposals and grant requests and assist in consistently determining the level of support, particularly funding, the ARPA Funding Advisory Committee will recommend to City Council. Overarching Considerations METRIC Excellent (4-5 pts) Average—3 pts Poor (0-2pts) SCORE Nonprofit clearly identifies Application provides an Application provides a Application provides an services provided to Lake exemplary explanation of satisfactory explanation of inadequate description of Oswego residents negatively nonprofit's beneficial impact nonprofit's beneficial impact on nonprofit's beneficial impact on impacted by COVID-19 on Lake Oswego residents,with Lake Oswego residents; provides Lake Oswego residents. examples. some examples. Nonprofit clearly identifies how Applicant establishes a strong Applicant makes few Applicant makes weak Lake Oswego residents served relationship between negative connections between negative correlation between negative have been harmed by COVID-19 economic impact and/or economic impact and/or economic impact and/or negative impact on target negative impact on target negative impact on target population and COVID-19 population and COVID-19 population and COVID-19 pandemic. pandemic. pandemic. Does proposed use of funds Proposed funding use is Proposed funding use is Proposed funding use is poorly respond to the identified COVID- directly aligned with identified somewhat aligned with aligned with identified COVID- related negative impact? COVID-related negative impact. identified COVID-related related negative impact. negative impact. Response is proportional to The proposed use is The proposed use is somewhat The proposed use is not identified negative impact of proportional to identified proportional to identified proportional to identified COVID-19 negative impact of COVID-19. negative impact of COVID-19. negative impact of COVID-19. Programming Subtotal /20 Reimbursement Final Score /20 Page 1 of 3 Attachment 2 Programmi”Considerations(if applicable) METRIC Excellent (4-5 pts) Average—3 pts Poor (0-2pts) SCORE Nonprofit's experience with Applicant has extensive Applicant has some experience Applicant has very little to no proposed program/activity experience successfully successfully executing proposed experience successfully executing proposed program/activity executing proposed program/activity OR program/activity OR Applicant demonstrates OR Applicant demonstrates intentional consideration of how Application does not consider intentional consideration of program/activity will serve Lake how program/activity will serve how program/activity will serve Oswego residents. Lake Oswego residents. Lake Oswego residents. Feasible implementation Proposed timeline is feasible. Proposed timeline is likely Proposed timeline is not timeline provided for feasible. feasible. program/activity Impact of proposed Impact of proposed activity Impact of proposed activity Applicant does not explain program/activity on Lake seeks to address harm caused seeks to address harm caused metrics and outcomes for Oswego residents is measurable by COVID-19.Applicant by COVID-19. Applicant provides proposed program. provides strong explanation adequate explanation for Program/activity are not related with clear metrics and metrics and outcomes. to negative impacts caused by outcomes. COVID-19. Proposal addresses financial Proposal includes other Proposal includes other program Proposal may or may not sustainability of program funding sources funding sources where include other program funding program/activity where appropriate. Narrative appropriate. Narrative gives sources. Narrative lacks illustrates intentional little consideration of how funds consideration of how funds will consideration of how funds will will contribute to supporting contribute to supporting Lake contribute to supporting Lake Lake Oswego residents. Oswego residents. Oswego residents. Programming Considerations Score: /20 Final Programming Score: /40 Additional Considerations: 1) Does applicant have previous experience managing grants with federal reporting requirements?Yes/No 2) Do budget and proposal illustrate financial need?Yes/No Page 2 of 3 Attachment 2 Score Tier Level of Support—Reimbursement or Programming 16-20* Tier 1 Applicant to receive funding 13-15* Tier 2 Applicant may receive funding 0-12 Tier 3 No funding awarded Score Tier Level of Support—Reimbursement and Programming 32-40* Tier 1 Applicant to receive funding 25-31* Tier 2 Applicant may receive funding 0-24 Tier 3 No funding awarded *Amount of funding based on level of demand Page 3 of 3 Attachment 2 Lake Oswego ARPA Grant Evaluation Rubric—Tourism Nonprofits Metric System: The following metric was developed to streamline the evaluation of ARPA grant proposals and grant requests and assist in consistently determining the level of support, particularly funding, the ARPA Funding Advisory Committee will recommend to City Council. Overarching Considerations METRIC Excellent (4-5 pts) Average—3 pts Poor(0-2pts) SCORE Clearly defined impact Application provides an Application provides a satisfactory Application provides an on tourism in Lake exemplary explanation of explanation of nonprofit's insufficient description of Oswego nonprofit's beneficial impact beneficial impact on Lake Oswego nonprofit's beneficial impact on Lake Oswego tourism, tourism; provides some examples. on Lake Oswego tourism. with examples. Well-defined harm Applicant establishes a Applicant provides mostly relevant Applicant makes weak caused by COVID (e.g. strong relationship between connections between negative correlation between negative financial harm to negative economic impact economic impact experienced by economic impact experienced nonprofit—profit loss experienced by nonprofit nonprofit and COVID-19 by nonprofit and COVID-19 and/or increased and COVID-19 pandemic. pandemic. pandemic. operational costs/increased need for services) Does proposed use of Proposed funding use is Proposed funding use is Proposed funding use is poorly funds respond to the directly aligned with somewhat aligned with identified aligned with identified COVID- identified COVID-related identified COVID-related COVID-related negative impact. related negative impact. negative impact? negative impact. Proposed use is The proposed use is The proposed use is somewhat The proposed use is not proportional to proportional to identified proportional to identified negative proportional to identified identified negative negative impact of COVID- impact of COVID-19. negative impact of COVID-19. impact of COVID-19. 19. /20 Programming Subtotal /20 Reimbursement Final Score Page 1 of 3 Attachment 2 Programming Considerations(if applicable) METRIC Excellent (4-5 pts) Average (3 pts) Poor(0-2pts) SCORE Nonprofit's experience Applicant has extensive Applicant has some experience Applicant has very little to no with proposed experience successfully successfully executing proposed experience successfully program/activity executing proposed program/activity executing proposed program/activity OR program/activity OR Applicant demonstrates OR Applicant demonstrates intentional consideration of how Application does not consider intentional consideration of program/activity will strengthen how program/activity will how program/activity will tourism in Lake Oswego strengthen tourism in Lake strengthen tourism in Lake Oswego Oswego Feasible Proposed timeline is Proposed timeline is likely Proposed timeline is not implementation feasible. feasible. feasible. timeline provided for program/activity Impact of proposed Impact of proposed activity Impact of proposed activity seeks Applicant does not explain program/activity on seeks to address harm to address harm caused by COVID- metrics and outcomes for tourism is measurable caused by COVID-19. 19.Applicant provides adequate proposed program. Applicant provides strong explanation for metrics and Program/activity are not explanation with clear outcomes. related to negative impacts metrics and outcomes. caused by COVID-19. Proposal addresses Proposal includes other Proposal includes other program Proposal may or may not financial sustainability program funding sources funding sources where include other program funding of program/activity where appropriate. appropriate. Narrative gives little sources. Narrative lacks Narrative illustrates consideration of how funds will consideration of how funds will intentional consideration of contribute to supporting tourism contribute to supporting how funds will contribute to in Lake Oswego. tourism in Lake Oswego. supporting tourism in Lake Oswego. Programming Considerations Score: /20 Final Programming Score: /40 Additional Considerations: Page 2 of 3 Attachment 2 1) Does applicant have previous experience managing grants with federal reporting requirements?Yes/No 2) Do budget and proposal illustrate financial need?Yes/No Score Tier Level of Support—Reimbursement or Programming 16-20* Tier 1 Applicant to receive funding 13-15* Tier 2 Applicant may receive funding 0-12 Tier 3 No funding awarded Score Tier Level of Support—Reimbursement and Programming 32-40* Tier 1 Applicant to receive funding 25-31* Tier 2 Applicant may receive funding 0-24 Tier 3 No funding awarded *Amount of funding based on level of demand Page 3 of 3 Attachment 2 ATTACHMENT 3 Hunger Fighters Oregon 36.75 Lake Oswego Meals on Wheels 35.5 Chinese Friendship Association of Portland 32 Friends of Tryon Creek 31.75 Rotary Club of Lake Oswego 29.667 Oswego Heritage Council 29 Respond to Racism 18.333 With Love Oregon 16.75 I Love Lake Oswego 15.25 Lake Oswego Rotary Club Foundation 15 Lakewood Theatre & Center for the Arts 15 Lake Oswego Preservation Society 12.5 *Nonprofits above the black line applied for both reimbursement and programming funds ►core- Reimbursement AND Programming Tier 32-40-Applicant to receive funding Tier 1 25-31-Applicant may receive funding Tier 2 0-24- No funding awarded Tier 3 ►core- Reimbursement OR Programming Tier 16-20-Applicant to receive funding Tier 1 13-15-Applicant may receive funding Tier 2 0-12- No funding awarded Tier 3 Attachment 3 ATTACHMENT 4 2022 ARPA Funding Advisory Committee Grant Allocation Applicant Proposal Total Amount Awarded Committee Comments Amount Requested Big Stuff Library Startup costs to circulate large, seldom-used $220,000 $0 Nonprofit recently IRS- household items to city residents at no cost(similar recognized and did not establish to tool library). negative economic impact. Lake Oswego Chamber Pilot program to coordinate tourism, business $250,000 $50,000 City staff recommended $50,000 of Commerce education and training, and business engagement set aside to further city's goals and outreach. around tourism and economic development Chinese Friendship Reimbursement ($50,861.81): Masks, previous event $100,032 Total: $42,560 The committee noted that the Association of Portland costs,family assistance. Reimbursement ($10,000): CFAP also provides services (CFAP) Programming ($49,170): Dragon Boat Festival, Asian for personal protective outside of Lake Oswego, and Culture Festival, Lunar New Year Gala, Estate equipment (PPE). focused on events that would Planning Seminar. Programming ($32,560): take place within the city, in for Asian Culture Festival, addition to prorating Mid-Autumn Festival and reimbursement because some Lunar New Year Gala. PPE purchased did not benefit Lake Oswego directly. Hunger Fighters Oregon Reimbursement ($31,173.99):for food, PPE and $81,249 $81,249 (fully funded) N/A internal consultant to address increase in demand for services. Programming ($50,075): pantry organization and inventory, commercial refrigerators,ADA compliant volunteer equipment. Lake Oswego Meals on Reimbursement ($77,520): partial cost of running $86,572 Total: $78,572 Lake Oswego Meals on Wheels Wheels program, lost fundraising revenue. Reimbursement ($69,520): requested $8,000 in lost revenue Programming ($9,052):future fundraising efforts. partial cost of running from fundraisers. program. Programming ($9,052): Under the program guidelines, future fundraising efforts lost fundraising revenue is not a reimbursable expense. Rotary Club of Lake Reimbursement ($9,280):video production $14,280 $14,280(fully funded) N/A Oswego expenses for virtual Service Above Self: Educational Excellence (SASEE) event. Programming ($5,000):future SASEE programming. Attachment 4 Applicant Proposal Total Amount Awarded Committee Comments Amount Requested Friends of Tryon Creek Reimbursement ($100,000): Payroll expenses. $114,215 Total: $39,215 The committee noted that the Programming ($14,215): Indigenous Culture Day, Reimbursement ($25,000): Friends of Tryon Creek also spring 2023. Payroll expenses provides services outside of Lake Programming ($14,215): Oswego and adjusted the payroll Indigenous Culture Day, reimbursement accordingly. spring 2023 Subcommittee members discussed the value of celebrating Indigenous Culture Day in Lake Oswego. Oswego Heritage Reimbursement ($119,000): missed revenue and $188,000 Total: $116,490 Subcommittee determined there Council lost wages. Reimbursement ($76,990): was not a strong connection Programming ($69,000): expand museum, salary reimbursement for payroll between a museum expansion funds to increase part-time employee to full-time, expenses. and the negative economic and Lake Oswego Collector Car and Boat Show Programming ($39,500): impacts caused by COVID. expenses. salary funds to increase PT employee to FT and LO Applicant requested $70,000 in Collector Car and Boat missed revenue from cancelled Show expenses. fundraisers and tours. Under the program guidelines, lost fundraising revenue is not a reimbursable expense. Respond to Racism Programming: $70,000 Total: $40,000 Committee would consider $40,000—for educational programs for adults, For educational programs funding phase 1 of art project if children and youth; support for BIPOC community. for adults, children and cost estimates were provided. $30,000—phase 1 of art installation. youth; support for BIPOC Committee recommends community. requesting a cost estimate to confirm whether$30,000 is sufficient to complete phase 1 and funding the request if appropriately priced. I Love Lake Oswego Programming ($15,000):to replenish clothing closet $15,000 $3,000 Request for funding not and purchase hygiene items. proportional to need established within the application. Request additional information about how$15,000 would be used within 18-month timeframe. Attachment 4 Applicant Proposal Total Amount Awarded Committee Comments Amount Requested Lakewood Theatre & Reimbursement ($60,000): HVAC unit replacement. $60,000 $60,000(fully funded) N/A Center for the Arts Lake Oswego Reimbursement ($5,371): rent, utilities, and $5,371 $4,035.00 Applicant requested Preservation Society business income reimbursement. reimbursement for$1,336 in lost sales income and business contributions; lost revenue is not a reimbursable expense under program guidelines. With Love Oregon Reimbursement ($14,000):for warehouse supplies, $14,000 $14,000(fully funded) N/A program support staffing and foster parent gift cards. Lake Oswego Rotary Reimbursement ($8,260): hybrid meeting $8,260 $8,260(fully funded) N/A Club Foundation equipment and Wi-Fi costs. Grand Total Requested: $1,226,979 Grand Total Awarded: $551,661 Funds Remaining: $48,339 Attachment 4 ATTACHMENT 5 Non-Profit Programming Grant Application vaeavd Nonprofit Background Information Nonprofit Name* Respond to Racism Nonprofit Physical Street Address Address* 590 Boca Ratan Dr. Address Line 2 City State/Province/Region Lake Oswego Oregon Postal/Zip Code 97034 Is the Physical f Yes Address The Mailing C' No Address?* Nonprofit Mailing Street Address Address* PO Box 1290 Address Line 2 City State/Province/Region Lake Oswego OR Postal/Zip Code 97035 County* Clackamas Name of Contact* May Khadem Title* Member Board of Directors, Respond to Racism Grant Writer Phone Number* 8477040140 Email* mkhadem@gmail.com Employer If applicable Identification 84-2932758 number(EIN) Number of If applicable Employees 0 DUNS Number of Years as 4 a Nonprofit* Attachment 5 Mission Statement Our mission is to educate and empower Lake Oswego residents, businesses and institutions with the tools to dismantle racism in all its forms and make Lake Oswego—and Oregon—a better place to live,work, play, and visit for people of all races and ethnicities. Population Served* Lake Oswego and the surrounding communities Website Address https://www.respondtoracism.org/ Attachment 5 Grant Request Please select the option that best describes your nonprofit:* r Supports tourism in Lake Oswego t: Supports Lake Oswego residents negatively impacted by the pandemic In 250 words or less please describe how your nonprofit serves Lake Oswego residents who have been negatively impacted by COVI D-19:* Racism was born in the summer of 2017 in response to an ugly racial incident in our community.An initial meeting between a young white woman and an older African American woman led to monthly educational programs to inform our citizens and institutions about the history of racism in our town. Initially,these provided the opportunity for a diversity of people to meet each other,engage in conversation,create greater understanding and form friendships. The pandemic forced these meetings online.While the lack of personal contact made developing relationships more challenging,we were able to reach a broader audience. Despite the challenges,these meetings have continued to grow not only measured by the numbers of monthly attendees, but by the sister organizations it gave rise to in nearby towns, by the book clubs it inspired, by the numbers of governmental and civic organizations that actively engaged in racial justice activism,and by the visible culture changes that can be documented. The work of Respond to Racism has provided a balm to the wounds the pandemic both created and uncovered.These include: 1, Educational programs for adults, children and youth: la.The monthly community meetings primarily target the adult population.The educational programs shed light on our history and also help us find a path to building harmonious communities where people collaborate and work together to address difficult problems. Participation averages about 100 people monthly. 1 b. For children,we have Storytime, a monthly multi-cultural experience,that teaches them to embrace an expansive world-view where they see themselves as healers and people of all backgrounds and races as members of one human family. lc. For youth,we have the Youth Empowerment Committee that works with the students of color to help young people develop the tools and skills to be resilient and to see themselves as noble and capable contributors to society. 2. Support for the BIPOC community and celebration of diversity: 2a.Assisting those going through difficulty or illness via meal trains, home visits, etc. 2b. Documenting stories of BIPOC residents of Lake Oswego through interviews,videos, and story-telling. 2c. Responding to racial incidents reported by the community with Triage Team 3. Observing important holidays such as MLK holiday, Black History Month,AAPI Heritage Month, National Hispanic Heritage Month,Juneteenth,Vanport anniversary, Kwanzaa, Multicultural Festival, etc. 4. Nurturing relationships and alliances with city government,the police,the library,the schools,the Historical Society,the Arts Council, Parks and Recreation, Chamber of Commerce, and other like-minded non-profit organizations including faith communities. 5.Advocacy and outreach through social media,articles, rallies,silent walks, and merchandise that promotes social justice.The monthly silent walks at Millennium Park have been especially healing for those participating by permitting COVID-safe in-person opportunities for connection. In 250 words or less please describe how COVID-19 has negatively impacted your service population:* The negative impact of the pandemic is felt in every aspect of life in our town. Besides its obvious devastating health and economic impact,especially for people of color, it has also had an equally devastating psychological impact because of increased social isolation and lack of in-person opportunities for connection. This psychological impact has been much more devastating for communities of color who were already feeling vulnerable, marginalized and isolated to begin with.They were already targets for racism and discrimination. The added social isolation,the constant evidence of division, conflict, and divisiveness which the pandemic has uncovered,only added fuel to the fire. Respond to Racism sees itself as one of the means through which people can find hope, connection,optimism and a path of service to bring about a more harmonious future. Grant Amount $ 70,000.00 Requested* Attachment 5 Please provide a description of the program:* For this grant opportunity,our focus is twofold: 1.Art Installation(see Appendix A):A vision of hope for the future to heal the community and contribute to LO's offering to tourists.We propose an art installation near Lake Oswego Library.We have been consulting about how to not only acknowledge the painful history of exclusion and racism in our town, but to inspire a vision of a hopeful, united,and vibrant community that celebrates its diversity and becomes a model of inclusion where people of all backgrounds, races and ethnicities can thrive.The pandemic has made this more urgent. In the midst of the darkness and division that it has uncovered,we desperately need signs of hope and inspiration. Furthermore,once this project is complete, it will be an important educational experience for both residents and tourists who visit our town. 2. Educational Programs: So far, our educational programs have been planned and overseen by volunteers. The demand for our services is outstripping our ability to effectively meet the need.We are in need of additional resources to increase the reach of our offerings, improve the quality, and evaluate our impact effectively so that we can learn from our experiences and continually improve what we offer to the community. We will be recruiting a part-time Programs Manager to meet this need. Most of our educational programs to date have targeted the general white Lake Oswego population.We are now working to expand our offerings in the following areas: 2a. Improve the quality and breadth of the monthly Community meeting presentations by recruiting higher quality speakers with appeal to the diversity of LO citizens 2b. Provide in-depth training for the Board and Leadership Team to create a shared vision for those leading the organization in order to support unified action. 2c.Train social justice activists who can then, in turn,offer similar programs in their own faith and social communities. 2d. Expand youth voices in community meetings: offer them opportunities to have their voices heard and consult with program planning to center their concerns. 2e. Offer more support to the BIPOC community in Lake Oswego. In this time of COVID isolation,the need for community and support to survive and recover from the trauma of the pandemic are especially acute.These activities include support in times of illness or difficulty in the form of meal trains, healthy food, rides for health needs as well as social support,field trips and activities to increase the bonds of friendship in our town among all our diverse population. 2f. Support the efforts to document BIPOC histories through interviews,video and audio documentation.This is an important part of our town's history and will be used to educate our population about their historic heritage. Please explain how the program addresses the negative impacts caused by COVID-19:* The Art installation will provide a counter-weight to the overwhelming negative and oppressive messages we receive on a daily basis about suffering, divisiveness, conflict, chaos, and catastrophe.This art is meant to inspire and create a vision for our community of healing,vibrancy, hope,and honor. It is meant to underscore our ability to transcend our past and reach for our destiny as one people-diverse but united. Assistance to our educational programs will help us to improve the quality and scope of our educational offerings and offer increased support to our BIPOC community.We have been collecting data from polling during our monthly meetings and find that those participating report greater understanding of patterns of racial discrimination and sensitivity to micro-aggressions. Furthermore,they report that they have gained more tools and capacity to respond effectively to both overt injustices as well as more subtle acts of disrespect and exclusion. Many remark that over the past few years,the culture of our city has changed to one that is more tolerant and inclusive.We wish to broaden our educational offerings to the community and better meet the needs of our BIPOC citizens. We will be applying for other grant funding and utilizing our own fund-raising efforts to continue this beyond the duration of this grant. Please explain or include documents describing metrics and outcomes for the program:* Attachment 5 Our specific outcomes for this program are the following: 1. Increase average participation in community meetings by 25%:from an average of 100 to 125 through active outreach, publicity and training of trainers. 2. Leadership(including the Board and the Leadership Team)training:Visit to the Museum of Tolerance for the Board and Leadership Team, book groups,and other collective activities to challenge the group in confronting all forms of prejudice and discrimination that are still embedded in our society. 3.Train 8 social justice trainers who will then each offer these services to at least one other community: scholarships for 7-8 week training program to train trainers. 4. Double youth leadership in RtR initiatives. Currently we have 8 active youth; our goal is to increase this number to 16.We have had youth leading the community meetings about once a year.Through coaching and mentoring,we would like to increase their leadership at these events to twice a year. 5. BIPOC support: Support those in need (health assistance, logistics,food, etc.)Create social opportunities for people from diverse backgrounds to interact and develop friendships. Examples: Book clubs,field trips(at least four),social events,etc. 6. Document BIPOC histories:This program has started and needs added resources to complete documentation of the important history of our BIPOC citizens(at least a dozen histories to be completed). 7.Volunteer support:The vast majority of the work of Respond to Racism is carried out by volunteers.We aim to offer support and appreciation for the work they do by honoring their services through educational field trips, social gatherings,and a thank-you dinner. Also, completions of the first phase of an art installation. Please see Appendix A(uploaded)and letters of support from the Library and Arts Council. Metrics and AppendixA-Artlnstallation.pdf 241.21KB Outcomes Letter In Support of Historical Art Project.pdf 138.66KB Documentation RTR municipal grant support letter.pdf 241.39KB Please provide a program budget and timeline for expenditure of funds:* Please see uploaded documents. Please note that the demand for our programs have expanded significantly and we are quickly outstripping our ability to provide all the services we do solely with volunteer staff.We have now begun to recruit independent contractors for support of some of our needs. Budget and Timeline ARPA-Budget.pdf 256.44KB Documentation Please provide your RtR-501(c)(3).pdf 420.79KB IRS determination letter* Please provide budget documents showing actual revenue and expenditures for the following timeframes: a.January-December 2019 b.January-December 2020 c.January-June 2021* RTR Income and Expenses.FiscalYear2018-2019.pdf 29.38KB RTR Income and Expenses.FiscalYear2019-2020.pdf 33.21KB RTR Income and Expenses.FiscalYear2020-2021.pdf 34.58KB Please provide current annual operating year budget* RtR-Budget-2021-2022.pdf 140.75KB Have you received other funding for the program? If so, please list the source and amount.* Yes.$65,000($30,00 for fiscal year beginning in July and another$35,000 in October)from Meyers Memorial Trust. Do you have experience managing grants with federal reporting requirements?* We have a very experienced grant manager who has managed federal grants in the past. He is Finance and Accounting Analyst at OHSU and manages grants there. Here is his profile on Linkedin: https://www.linkedin.com/in/jongwhanchoi/. Please describe how you will scale your budget if you do not receive the full grant amount.* Attachment 5 We will apply for other grants. In the meantime,we will pause some of our new educational initiatives. COMPLIANCE WITH LAWS AND GUIDELINES The recipient shall comply with all federal,state, and local laws and all requirements and published guidance set forth regarding the usage of any and all monies appropriated under the ARPA. https://home.treasury.gov/system/files/136/SLFRF-Fina I-Rule.pdf MAINTENANCE AND AUDIT OF RECORDS The recipient shall maintain records, books, documents, and other materials relevant to monies expended.These records shall be subject to inspection, review, and audit by the City or its designees, and the US TREASURY for five (5)years. If it is determined during the course of the audit that the recipient was reimbursed for unallowable costs the recipient must repay these costs. 17 I agree to the above, and certify this submission is verified true and correct. Signature* ,Fe C:(71—eedie Name* May Khadem Title* Member, Board of Directors Attachment 5 Appendix A: Multicultural Art Installation Project Background The scars and stains of racism are deeply embedded in Lake Oswego, Oregon, and American histories. We believe that this dark past must be acknowledged before we can reach for and manifest the bright future that we know is possible for our community, state, and nation. Respond to Racism seeks a cultural grant of$30,000 from the City of Lake Oswego to help fund a new art installation that publicly recognizes the harms caused by racism and celebrates a future that has eliminated racism. We believe in the power of art to educate, heal, and unite, and feel that an art installation that seeks to serve this purpose would be particularly significant and appreciated in a city like ours that so highly values the arts. This project reflects and supports the mission of Respond to Racism to educate and empower Lake Oswego residents, businesses, and institutions with the tools to dismantle racism in all its forms, and to make Lake Oswego—and Oregon—a better place to live, work, play, and visit for people of all races and ethnicities.This project also strongly aligns with our organization's values (diversity, equity, inclusion, and access;truthfulness; dialogue; learning; and united action) and supports our vision to help Lake Oswego become a model multiracial, multicultural, and multiethnic city where diversity is celebrated and all are welcome. We believe that this project will inspire more community members to engage meaningfully with this vision and that the art featured in this project will signal very clearly that everyone who lives, works, and plays in Lake Oswego belongs and is valued here. Project Description The art for this project will be located on City property, ideally at and around the Lake Oswego Public Library. It will be accessible by the community as an outdoor exhibit featuring a variety of visual and other sensory elements. The intention is to commission the following art installations in three phases: Phase 1 • Sidewalk etchings of relevant words along 4th Street between D and E Avenues • Interpretive panels that communicate historically relevant and accurate information regarding the history of racism in Lake Oswego and the City's aspiration to be free of racism Phase 2 • A plaza and substantial sculpture between the Library entrance and parking lot on 4th Street between D and E Avenues Phase 3 • A water feature and resting place for reflection and meditation on the corner of 4th Street and E Avenue Attachment 5 lie,_14 „Ito. c. 4. r + , r fY a PLC ' • Interpretive w • �� P_. - panels • 6 Peace/healing area �icrl • Interpretive panels A • '� rain ,n i a� _ r4tljT St. Water feature ;; m bench 1 � .f rG Sidewalk etching Plaza with sculpture, for children benches and plants Vision The goal of this project is to facilitate a sense of introspection, knowledge, and hope with art that engages, educates, and inspires people of all ages—particularly youth and families.The Lake Oswego Public Library would be an ideal location for the installation, as the Library shares many of our values (including diversity, equity, inclusion, education, and community engagement), draws community members of all races, ages, and backgrounds, and is a high- traffic destination by people in cars and on foot. We envision that the project will feature the work of diverse local artists who work with a variety of media. Proposals from BIPOC artists would be strongly encouraged. Process and Timeline We are requesting$30,000 to cover the costs of Phase 1 of the project.This would include the costs associated with hiring a contractor to manage project planning and implementation, developing and publicizing requests for proposals, artists'fees, installation, and publicity. We anticipate the completion of Phase 1 within one year of receiving funds, and will seek future grants from other organizations and engage in local fundraising to fund Phases 2 and 3 of this project.The art associated with each project phase will be independently meaningful while also serving to contribute to the larger collective impact of the exhibit once complete. We would welcome opportunities to partner with the City, Library,Arts Council, Historical Society and other interested groups on project planning, logistics, and implementation whenever possible during each phase. Please see the letters of support from the Library and the Arts Council. Attachment 5 Respond to Racism Budget and Timeline for LO American Rescue Plan Funds Grant Proposal Respond to Racism Budget July 1, 2022 - June 30, 2023 Please note: the "In Kind"column is intended to capture the community support for our programs in terms of volunteer services and non-cash donations. For every dollar we receive, it is matched two-fold by in-kind value. Other American RtR Grants Rescue Plan Fundraising In Kind Totals ADMINISTRATIVE Executive Director $40,000 $40,000 $80,000 Executive Director Assistant ($25/hr) $5,000 $15,000 $20,000 Programs Manager $15,000 $10,000 $5,000 $30,000 HR costs $10,000 $10,000 Volunteer Staff: 3 FTE $210,000 $210,000 Other Volunteers $60,000 $60,000 Pro-Bono legal counsel $30,000 $30,000 Financial Manager $30,000 $30,000 Fundraising/grant writing $30,000 $30,000 Website/IT Consultant 10hr/wk @$30/hr x 50 $20,000 $20,000 Social Media, Graphic Arts 10hr/wk @$30/hr x 50wk) $10,000 $10,000 Gifts for volunteers $1,000 $1,000 Internet & telephone $2,500 $2,500 Subscriptions (Zoom, Aweber, Wix, USPS) $2,000 $2,000 Website $1,500 $1,500 Square transaction fees $600 $600 Insurance $2,200 $2,200 Security $600 $600 Registration & Membership $500 $500 Signs, T-shirts, hats (minus sales) $2,000 $900 $2,900 Background Checks $300 $300 Attachment 5 PROGRAMMING Storytime Supplies $700 $700 Contractor - Katharine Phelps $1,000 $250 $1,250 Special guests $600 $600 School Liaison - K.Phelps $1,000 $1,000 Kindle subscription Community Meetings Speaker Honoraria $7,000 $8,000 $15,000 Panelist gifts $500 $500 Giveaways $100 $100 In-person supplies $500 $500 Venue $200/mo $2,000 $400 $2,400 Beverages and snacks $2,000 $2,000 Board and Leadership Training Museum of Tolerance $2,200 $4,000 $6,200 Youth Empowerment Supplies, venue, activities $700 $700 Gifts $500 $500 Stipends for student writers $1,200 $1,200 Special Programs Social justice training workshops (for 8; $500/ea) $2,000 $2,000 $4,000 Support of BIPOC citizens $1,000 $3,000 $4,000 Book groups $1,000 $1,000 Special Contracts: (Documenting BIPOC histories, youth mentorship for journalism) $1,500 $2,000 $500 $4,000 Volunteer events: (OR Historical Museum, Vanport Tour, TY dinner, etc $2,000 $2,000 Communities of Color (Clackamas County) $250 $250 Historical Art Installation, Phase I $30,000 $30,000 Attachment 5 POLICING Public records requests $1,500 $15,000 Gifts for volunteers $800 $800 EVENTS Juneteenth Supplies $250 $250 Speaker $3,000 $3,000 Permit $250 $250 Marketing $250 $250 MLK Day Speakers $2,000 $2,000 Other (supplies, marketing) $700 $50 $750 Other 4th of July Parade $100 $100 Farmer's Market (fees&supplies) $50 $50 AAPI Event $1,000 $1,000 Multi-cultural Event $1,000 Other events: car rallies, collaboration with the LO Library, Mary's Woods, LO Run,etc $5,000 $5,000 Forums: for School Board, city Elections $250 $250 LOSD ASU Cultural Event $500 $500 Indirect Costs $3,000 $4,000 $7,000 Totals $65,500 $70,000 $80,200 $430,000 $658,200 TOTALS (minus in-kind) $228,200 Budget and Timeline for Expenditures This budget summarizes our projected expenses for the coming fiscal year, while summaries of our revenue and expenditures for previous years are sent separately (2019, 2020, and 2021). Please note that the budget quantifies the massive amount of support we receive in volunteer and donated services from the community. While this does not represent exchange of cash, it is an Attachment 5 important reminder of the value of the services we provide to the community. For every dollar received, it is matched at least two-fold by in-kind value. The budget also includes grant funding we have received of$35,000 (of which about $30,000 is still available). We have also been promised an additional $35,000 (from Myers Memorial Trust) that is to be released to us in October of this year. Our own fundraising efforts are expected to more than match this amount ($80,000). These resources permit us to plan for substantial growth in the coming fiscal year. We are in the process of recruiting more staff and systematizing our volunteer recruitment and management to allow for more impact in our community. We are requesting an additional $70,000 from the ARPA grant funds for two initiatives: an art installation ($30,000) and expansion of our educational and social support programs ($40,000). Timeline July—Sept 202; Oct— Dec 202: Jan — March April —June July— De 2023 2023 2023 Art Installation • Publicity •Obtain permit • Plan installation Install Phase I Finish any •Call for proposa • Review • Review mock-up (dep. on pending •Select judges proposals • Prepare for weather, may issues • Recruit •Select artist(s) installation in extend into contractor spring/summer summer Programs 1.Community Increase quality and caliber of speakers Meetings Review/Revise Align strategic plan with Action Plan of Programmin Strategic Plan Committee Attachment 5 2. Board and -Inner work/Social Justice Book Other educational and team- Group, building activities Leadership Team -Museum of Tolerance visit training 3.Social Justice Publicize Select 8 trainee Begin 8-week cour Trainees collaborate with Trainees scholarships from RtR in extending training ti submissions others 4. Youth Youth will coached and mentored to take leadership roles at Empowerment community meetings twice during the year when appropriate issues arise 5.Support for Keep abreast of the needs of BIPOC citizens. Publicize availability of BIPOC assistance for logistic, food, health, and social support including websites for support and reporting racial incident 6. Document BIPO Ongoing program to interview, video and audio documentation of histories histories of LO BIPOC citizens 7.Social event for One each quarter: OR Historical Museum, Vanport Tour, Multi-culture volunteers outing, TY dinner Attachment 5 ARTS COUNCIL OF LAKE OSWEGO 38o A Avenue, Suite A PO Box 369 Lake Oswego, OR g7o34 503-675.3738 www.artscouricii[o.org City of Lake Oswego Finance Department - Municipal Grants Attn: Jennifer Waverly 38o A Avenue P.O. Box 369 Lake Oswego, Oregon 97034 March 28, 2022 Dear Municipal Grants Review Committee: On behalf of the Arts Council of Lake Oswego (ACLO), I am writing today in support of the $30,000 request for a Municipal Grant from Respond to Racism (RTR). RTR has been working in concert with the Arts Council, as well as the City of Lake Oswego library to bring a community-based public art project to life. This project aims to acknowledge Lake Oswego's history with racism, to honor people of color who have made Lake Oswego what it is today, and to aspire for further equity and inclusion for the future. The Arts Council has been in conversation with the Library and RTR to assist with the process for commissioning artwork(s), what that process looks like, and to help with the facilitation to bring this great project to life. Through collaborative conversations over the last 18 months, RTR in concert with ACLO, the library, and the City have identified possible locations for artwork and interpretive panels in exterior locations at the Library. RTR is taking a phased approach to the project, requesting funding for two items: sidewalk etching and interpretive panels. ACLO supports this project not only because of the important and vital aims the project will tackle and bring conversation to, but the fact that this project wholeheartedly illustrates one of the goals of the grant: enriching and improving the cultural life and experiences of residents of the City and/or the area. This mindful approach allows work to be done over time and with fiscal responsibility. This funding will help bring the first step in this exciting project to fruition, and we encourage action to be taken now. Thank you for your consideration, and for looking favorably on the request from Respond to Racism. We look forward to seeing this project succeed and flourish! Sincerely, Nicole Nathan Executive Director Attachment 5 ARTS COUNCIL FAN OF LAKE OSWEGO 38o A Avenue, Suite A PO Box 369 Lake Oswego, OR g7o34 503-675.3738 www.artscouncii[o.org Attachment 5 o.‘ir E � PUBLIC LIBRARY V OREGO� March 28, 2022 SUBJECT: Respond to Racism's Historical Art Project To Whom it May Concern, This letter acknowledges the importance of Respond to Racism's proposed Historical Art Project to fostering a more diverse and inclusive community, by recognizing and celebrating the contributions of BIPOC residents to our city's past and present history. Lake Oswego Public Library is willing to partner with Respond to Racism on this project, to identify and provide a site on library grounds for the Historical Art Project to be installed and accessed by the community. A number of potential locations on library grounds have already been identified for further consideration, when this project is ready to move forward. Sincerely, ilia"e€4cy Melissa Kelly Library Director 503-636-7628 706 FOURTH ST PO Box 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Attachment 5 VA O��i CITY MANAGER'S OFFICE /1:: V �r O OREGO\--\ August 2, 2022 May Khadem Respond to Racism mkhadem@gmail.com Dear Ms. Khadem, Thank you for applying to the ARPA Nonprofit Grant Program! We have received an incredible response from our nonprofit community that is double the funding available. The ARPA Funding Advisory Subcommittee has reviewed your proposal. The following are questions given to all applicants to allow an opportunity to further clarify proposals, in addition to some questions specific to your application. Please provide responses to the following if applicable to your proposal: 1) A prioritization of projects for which you are seeking funds OR a prioritized list of reimbursement categories (provide both if you submitted applications for both types of funding). 2) How was your program or project negatively impacted by COVID? Examples may include but are not limited to: decreased attendance, decreased funding sources due to COVID, increased need for services, etc. Please be as specific as possible. 3) If seeking reimbursement for payroll, please provide details about the reason for reimbursement. Examples may include but are not limited to: o Additional staff hired due to increased program demand o Decrease in revenue, but existing staff maintained o Staff previously laid off due to decreased program/service demand; current increased demand necessitating return of staff. 4) What measures have been taken to offset revenue losses related to COVID? 5) Note: reimbursement funding is available specifically for nonprofits that need repayment for COVID-related operational costs incurred beginning January 27, 2020 (e.g. rent, payroll, videoconference licenses). Applicants may seek funding to plan for Respect. Excellence. Trust. Se,vice. 503-635-0215 380 A AVENUE PO Box 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Attachment 5 Page 2 of 2 future fundraisers, but not estimated lost revenue due to disrupted fundraising events. If you initially requested reimbursement for lost revenue and would like to be considered for programming funds for future fundraising events, please contact me via the email or number listed below. Application-Specific Question: Please respond to Question 2 above. Please email all information to ctavlor@lakeoswego.city. I can also be reached at (503) 675- 2543.The deadline for submitting additional information is Thursday,August 11 at 5pm. We anticipate applicants will be selected in September. Sin -rely, .CAI Fr' Fir' Charity O.Taylor Management Analyst Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO Box 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Attachment 5 Taylor, Charity From: May Khadem <mkhadem@gmail.com> Sent: Tuesday, August 16, 2022 3:35 PM To: Taylor, Charity Cc: Willie P Subject: Re: [EXTERNAL] Re:ARPA Grant Follow-Up Questions Dear Charity, Please see the answers to your questions below: 1)A prioritization of projects for which you are seeking funds OR a prioritized list of reimbursement categories(provide both if you submitted applications for both types of funding) We are seeking funding for both an art installation and support for our educational programs. We are committed to doing both. Depending on what kind of support we receive, we will also be carrying out our own fundraising and applying for other sources of funding.There is momentum building in the work we are doing. We don't wish to interrupt this positive trend because of inadequate funding. For example, the library and the Arts Council are both enthusiastically pursuing plans for the art installation.The site has already been chosen and there is firm commitment from the library for this. Our educational programs are growing organically. More people are becoming involved and volunteering for multiple areas of support. We urgently need funds to help train and manage volunteers. We have explained our funding needs to carry out our mission. We will have to address any shortfalls if necessary. If we have to prioritize, we would first ensure we have adequate administrative support, honoraria for our speakers, and enough resources for the art project. 2)How was your program or project negatively impacted by COVID?Examples may include but are not limited to:decreased attendance, decreased funding sources due to COVID, increased need for services, etc. Please be as specific as possible. Before the pandemic, we met in donated space at LOUCC in Lake Oswego. Space and refreshments were both donated. When we had to switch to online meetings, our attendance initially increased but then dropped off as people became weary with the virtual format. We hope to regain the lost attendance and are now planning to resume in-person gatherings. However, the donated venue is no longer available since COVID protocols now demand that in-person gatherings at the church be held in the sanctuary,thereby limiting our access and numbers. Instead,we will be using rented space and catered refreshments for our monthly adult meetings and children's Storytime. In addition, in our proposal we explained the negative psychological impact of the pandemic which uncovered the greater vulnerability of communities of color, increased awareness of racism in our community and our country, decreased opportunities for dialogue and developing cross-racial and cross-cultural relationships, etc.As our participants became more aware of the need for developing friendships and working collaboratively,the opportunities to do so were increasingly rare because of COVID. Even now, as more people are vaccinated and have contracted the disease,there still is a fear of in-person gatherings. We are trying to create community. It is much harder to do so virtually.The few opportunities we have had, such as Juneteenth, AAPI celebration, and the MLK observance, and July 4th parade, were all enthusiastically received. However, attendance was still less than we expect once the fear of COVID subsides. We are working hard to make our educational and training offerings more compelling and attractive enough to counter the negative impact of COVID. 1 Attachment 5 3)If seeking reimbursement for payroll, please provide details about the reason for reimbursement. Examples may include but are not limited to: • Additional staff hired due to increased program demand • Decrease in revenue, but existing staff maintained • Staff previously laid off due to decreased program/service demand current increased demand necessitating return of staff. Despite the constraints of having to do all this during a pandemic,the demand for our programs have grown. Our volunteers have stepped up and performed heroically during this time. However, we can no longer sustain this as the workload is far exceeding our ability to carry on with only volunteer resources. Furthermore,volunteers need to be trained and managed.To meet the needs of our community,we urgently need to recruit more paid human resources both to carry out program activities and to manage and train volunteers. In particular, we recognize the urgency of supporting and mentoring youth. We have now recruited a staff person to focus on this vital area. 4) What measures have been taken to offset revenue losses related to COVID? Our staff is working harder than ever. We are depending more and more on volunteers. However, this is not sustainable going forward. We urgently need to recruit more paid personnel. Please let me know if you have any further questions. And thank you for your patience. Warm regards, May On Sat,Aug 13, 2022 at 10:16 AM May Khadem <mkhadem@gmail.com>wrote: Hi Charity, I just returned from a trip out of the country and will work on this over the weekend with Willie. We did answer most of these questions in the application, but I will try to clarify more in the next few days and get it back to you by mid- week.Thank you for your patience. May On Fri, Aug 12, 2022 at 4:19 PM Taylor, Charity<ctavlor@ci.oswego.or.us>wrote: Good Afternoon May, I hope you are having safe travels! As soon as you are able, please submit the requested information, as our subcommittee will begin its review soon. If you have any questions, please do not hesitate to let me know. Have a great weekend, 2 Attachment 5 ATTACHMENT 6 Non-Profit Programming Grant Application vaeavd Nonprofit Background Information Nonprofit Name* I Love Lake Oswego Nonprofit Physical Street Address Address* 2055 Wembley park Address Line 2 City State/Province/Region Lake Oswego OR Postal/Zip Code 97035 Is the Physical f Yes Address The Mailing f: No Address?* Nonprofit Mailing Street Address Address* 6215 SW Pamela ST Address Line 2 City State/Province/Region Portland OR Postal/Zip Code 97219 County* clackamas Name of Contact* Leslie Fuentes Title* Lead parent volunteer and Co-Founder Phone Number* 5038808413 Email* lesliekfuentes@yahoo.com Employer If applicable Identification 84-2947816 number(EIN) Number of If applicable Employees 0 DUNS Number of Years as 3 a Nonprofit* Mission Statement Student managed, donation based,free clothing closet for residents and citizens of Lake Oswego. Clothing the gap. Attachment 6 Population Served* 1000+annually Website Address www.11ovelakeoswego.com Attachment 6 Grant Request Please select the option that best describes your nonprofit:* r Supports tourism in Lake Oswego t: Supports Lake Oswego residents negatively impacted by the pandemic In 250 words or less please describe how your nonprofit serves Lake Oswego residents who have been negatively impacted by COVID-19:* The pandemic was brutal for a lot of people. Including many living in Lake Oswego. Out non profit helped provide clothes and personal hygiene items to families in need.We provided many items to many residents so families could stretch their dollars and hopefully cover their basic living expenses. In 250 words or less please describe how COVID-19 has negatively impacted your service population:* Our non profit was able to deliver items to many families for a number of various reasons. Some families were elderly and were afraid to leave their homes for safety reasons.we happily delivered items directly to their front doors using contactless deliveries. Some families made appointments and came during hours they they were the only shoppers.we did our best to make our volunteers and shoppers comfortable during this difficult time. Grant Amount $ 15,000.00 Requested* Please provide a description of the program:* I Love Lake oswego was founded by 3 High school student in 2019.These 3 students will graduate this year. They have tirelessly trained the new volunteers to take their places. Essentially'I Love Lake Oswego'is a student managed,donation based,free clothing closet to any resident or employee in Lake Oswego.We help provide free clothes to citizens for a number of reasons.We don't ask,we help. Clothing the gap we call it. If we can help people with clothing needs they can do better in school, get a new job, outfit children in a growth spirt, people can focus on other bill and expenses while staying in Lake Oswego for our amazing community and schools. Please explain how the program addresses the negative impacts caused by COVID-19:* Our program takes in clothing donations,we sort by either 1)re-donating(we do not keep anything identifiable), 2)wash,3)throw away,4)use right away.The students volunteer many hours to this program providing clean,cool, items families want and most of the time need.We also provide personal hygiene items. when shoppers come to us,we want them to feel welcome and want them to know we are happy they are there. with the uptick of shoppers and their needs during covid due to being out of work,or working from home, shortage of items, and the fear of coming near someone made it difficult to safety navigate waters so everyone felt safe. Please explain or include documents describing metrics and outcomes for the program:* We have steadily grown our client base over the last 3 years,and with a recent move we are expecting to have Many Many new clients for a number of factors. One our location is currently at Upland elementary for the next 2 years.This fall River Grove will be closing for remodel and will be feeding into Uplands. Many of our clients come from River Grove area.We do plan on opening during early release days for families to shop during the week and we are open every Saturday morning. It's hard to say how many at this point. But last weekend was our first Saturday at the new location and we had 9 shoppers.And another 6 mid week. Metrics and Outcomes Documentation Please provide a program budget and timeline for expenditure of funds:* Attachment 6 Because we are donation based,we only use our fundraising dollars when needed. Needs consist of personal hygiene items including, socks and underwear. Occasionally we get a request for items we don't have.for an example we had a father come in. he was the only one working in the home,they kids were being homeschooled due to Covid and he worked in a warehouse. He requested a good pair of shoes so his feet wouldn't hurt so bad.This gave us a great opportunity to teach our students how to shop for the best item we could get for the least expensive way. Each student did their research, brought their suggestion to the parent board and we chose that best one. It was a pair of sketchers at Fred Meyers at 40%off. because we also have a bottle drop account we could apply our balance to the store and receive an additional 20%. Not only do we help the community we give the student opportunities to learn important life skills. Budget and Timeline ILLO-Bylaws July 2021.docx-2.pdf 61.03KB Documentation Budget.pages 111.82KB Please provide your IMG_2288 2.jpg 1.22MB IRS determination IMG_2287 2.jpg 1.01MB letter* Please provide budget documents showing actual revenue and expenditures for the following timeframes: a.January-December 2019 b.January-December 2020 c.January-June 2021* eStmt_2022-04-29.pdf 40.61 KB eStmt_2021-12-31.pdf 29.81 KB eStmt_2020-12-31.pdf 32.51 KB eStmt_2019-12-31.pdf 48.71 KB Please provide current annual operating year budget* Budget.pages 111.82KB Have you received other funding for the program? If so, please list the source and amount.* The students won the sassy award from the rotary club 2021, but we have had no other funding since then Do you have experience managing grants with federal reporting requirements?* We have not had to manage funding in the past but we do have a capable volunteer who manages our books and will be in full compliance. Please describe how you will scale your budget if you do not receive the full grant amount.* Most of the grant will be saved for the future move in 2 years.We are about 8 months until we start that planning process. COMPLIANCE WITH LAWS AND GUIDELINES The recipient shall comply with all federal,state, and local laws and all requirements and published guidance set forth regarding the usage of any and all monies appropriated under the ARPA. https://home.treasury.gov/system/files/136/SLFRF-Fina I-Rule.pdf MAINTENANCE AND AUDIT OF RECORDS The recipient shall maintain records, books, documents, and other materials relevant to monies expended.These records shall be subject to inspection, review, and audit by the City or its designees, and the US TREASURY for five (5)years. If it is determined during the course of the audit that the recipient was reimbursed for unallowable costs the recipient must repay these costs. 17 I agree to the above, and certify this submission is verified true and correct. Signature* etfa;' LGE !eEV Name* Leslie Fuentes Title* Co-Founder Attachment 6 Attachment 6 pF1'A E Osr CITY MANAGER'S OFFICE OREGO� August 2, 2022 Leslie Fuentes I Love Lake Oswego lesliekfuentes@yahoo.com Dear Ms. Fuentes, Thank you for applying to the ARPA Nonprofit Grant Program! We have received an incredible response from our nonprofit community that is double the funding available.The ARPA Funding Advisory Subcommittee has reviewed your proposal.The following are questions given to all applicants to allow an opportunity to further clarify proposals, in addition to some questions specific to your application. Please provide responses to the following if applicable to your proposal: 1) A prioritization of projects for which you are seeking funds OR a prioritized list of reimbursement categories (provide both if you submitted applications for both types of funding). 2) How was your program or project negatively impacted by COVID? Examples may include but are not limited to: decreased attendance, decreased funding sources due to COVID, increased need for services, etc. Please be as specific as possible. 3) If seeking reimbursement for payroll, please provide details about the reason for reimbursement. Examples may include but are not limited to: o Additional staff hired due to increased program demand o Decrease in revenue, but existing staff maintained o Staff previously laid off due to decreased program/service demand; current increased demand necessitating return of staff. 4) What measures have been taken to offset revenue losses related to COVID? 5) Note: reimbursement funding is available specifically for nonprofits that need repayment for COVID-related operational costs incurred beginning January 27, 2020 (e.g. rent, payroll, videoconference licenses). Applicants may seek funding to plan for future fundraisers, but not estimated lost revenue due to disrupted fundraising events. Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO Box 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Attachment 6 Page 2 of 2 If you initially requested reimbursement for lost revenue and would like to be considered for programming funds for future fundraising events, please contact me via the email or number listed below. Application-Specific Questions: 1) Please provide budget documents showing actual revenue and expenditures for the following timeframes: a. January-December 2019 b. January-December 2020 c. January-June 2021 2) Please provide a roster of high school volunteers and board members with corresponding grades (E.g. "Jane Smith: Board Member—Freshman"). 3) How often are nonprofit funds used to replenish clothing and hygiene inventory? 4) How would $15,000 be spent to support the clothing closet over the next 18 months? Please email all information to ctaylorPlakeoswego.city. I can also be reached at (503) 675- 2543.The deadline for submitting additional information is Thursday,August 11 at 5pm. We anticipate applicants will be selected in September. Sinc rely, Charity O. Taylor Management Analyst Respect. Excellence•. Trust. Service. 503-635-0215 380 A AVENUE PO Box 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Attachment 6 Taylor, Charity From: info ilovelakeoswego.com <info@ilovelakeoswego.com> Sent: Sunday, August 07, 2022 5:54 PM To: Taylor, Charity Subject: [EXTERNAL] Did you get this in Friday?? Grant Questions Response. Attachments: eStmt_2019-12-31.pdf; eStmt_2019-11-29.pdf; eStmt_2019-10-31.pdf; eStmt_2019-09-30.pdf; eStmt_ 2020-12-31.pdf; eStmt_2020-11-30.pdf; eStmt_2020-10-30.pdf; eStmt_2020-09-30.pdf; eStmt_ 2020-08-31.pdf; eStmt_2020-07-31.pdf; eStmt_2020-06-30.pdf; eStmt_2020-05-29.pdf; eStmt_ 2020-04-30.pdf; eStmt_2020-03-31.pdf; eStmt_2020-02-28.pdf; eStmt_2020-01-31.pdf; eStmt_ 2021-12-31.pdf; eStmt_2021-11-30.pdf; eStmt_2021-10-29.pdf; eStmt_2021-09-30.pdf; eStmt_ 2021-08-31.pdf; eStmt_2021-07-30.pdf; eStmt_2021-06-30.pdf; eStmt_2021-05-28.pdf; eStmt_ 2021-04-30.pdf; eStmt_2021-03-31.pdf; eStmt_2021-02-26.pdf; eStmt_2021-01-29.pdf; eStmt_ 2022-07-29.pdf; eStmt_2022-06-30.pdf; eStmt_2022-05-31.pdf; eStmt_2022-04-29.pdf; eStmt_ 2022-03-31.pdf; eStmt_2022-02-28.pdf; eStmt_2022-01-31.pdf From: Leslie Fuentes<lesliekfuentes@yahoo.com> Sent: Friday, August 5, 2022 1:33 PM To: info ilovelakeoswego.com <info@ilovelakeoswego.com> Subject: Fwd: ARPA Grant- Follow up responses Leslie Fuentes Begin forwarded message: From: Leslie Fuentes<Lesliekfuentes@yahoo.com> Date:August 3, 2022 at 1:53:15 PM PDT To:taylor@lakeoswego.city Subject:ARPA Grant- Follow up responses Application-Specific Questions: Please provide budget documents showing actual revenue and expenditures for the following timeframes: January-December2019 January-December 2020 January-June 2021 See all Statements Attached. 2) Please provide a roster of high school volunteers and board members with corresponding grades (E.g. "Jane Smith: Board Member-Freshman"). Student Board members: Audrey Graham -Junior 1 Attachment 6 Lily Schrimsher- Senior MieSo Kim -junior Alissa Leverton -Senior Emma Wadley-junior Addy Loomis- Sophomore Natalie Foss-Junior Margaret Jones-Junior Hanna Faroghi - Sophomore Anne Marie Vlaic- Sophomore Zoe Lok- Sophomore Giovanni D'Orazio-Junior Lucy Xu - Freshman Allison Korkola -Sophomore Erya Qiao- Sophomore Parent Volunteers Leslie Fuentes Marcelle Buck Marnie Lyons Ashley Masog Jun Song 3) How often are nonprofit funds used to replenish clothing and hygiene inventory? We replenish items as needed. We find the community loves to help and often ask for support in these areas. However we do purchase these items as needed. Typically during the school year we have a much greater need than in the summer. We often run out of shampoos, body wash deodorant and women's personal hygiene items. We often see fathers bring in daughters, who either don't know to ask for these items or may be too embarrassed. It is our goal at parent volunteers to make this situation seamless and less embarrassing. We often send fathers to shop while we show the young ladies a place to find bras, underwear and feminine products privately. As you may know all these items are expensive. How would $15,000 be spent to support the clothing closet over the next 18 months? We are in a unique situation. We had to move recently with only 3 weeks notices due to the school preparing to tear down the location we were previously in. Luckily for us we were provided a new location by the school district. We were told we can stay in this new location 1-2 years. After that we are are our own. These funds will start us on the track of finding a more permanent location. We would like to propose to the school board a building of sorts with the approval to stay on school grounds. Additionally would would like to establish wholesale relationships in order to purchase and provide new items to local Lake Oswego families. Taylor-Thank you for this opportunity and your support with our organization. It is a tremendous feeling to be able to help our peers within our community. With the support of our city, school district and volunteers we can help families experience an excellent education without some of the worries of clothing and hygiene expenses. Sincerely, Leslie Fuentes (My daughter Ella started the closet in 2019 and graduated this past June) 2 Attachment 6