Agenda Item - 2022-12-20 - Number 8.04 - Ordinance 2920, Updating the Consumer Price Index for LOC 12.02.060 8.4
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Subject: Ordinance 2920, Updating the Referenced Consumer Price Index for LOC 12.02.060.
Meeting Date: December 20, 2022 Staff Member: Evan Boone
Report Date: December 6, 2022 Department: City Attorney's Office
Action Required Advisory Board/Commission Recommendation
❑X Motion ❑ Approval
❑ Public Hearing ❑ Denial
0 Ordinance ❑ None Forwarded
❑ Resolution 0 Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑ Consent Agenda
Staff Recommendation: Enact Ordinance 2920.
Recommended Language for Motion: Move to enact Ordinance 2920.
Project/ Issue Relates To: N/A
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) El Not Applicable
BACKGROUND
This was part of the annual update of the Lake Oswego Code chapters other than LOC Ch. 50
Community Development Code (CDC), but was removed from Ord. 2917 by Council direction on
December 6 and submitted as a separate ordinance.
No prior study session was held before the Council.
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
DISCUSSION
Reason for Amendment: The CPI for the Portland Area is no longer available from the US
Bureau of Labor Statistics. The closest analogy is now the Western Region Size B-C CPI. This
index is published monthly, so is possible to establish a fixed date of July 1 for the effective date
of the CPI adjustment. Dollar amounts have been updated per the Western Region Size B-C CPI
index.
Transition Period: Per Section 3, a transition period is provided regarding any council member
that votes on the ordinance, to comply with ORS 244.040(1): the expense allowance will not be
applied to any council member that votes on the ordinance until the end of the councilor's
current term.
Minimum Number of Votes for Ordinance to Pass: A majority of council members in attendance
is required to pass the ordinance (Charter Sec. 15.B), but if the number is three or less, then the
ordinance must be read and voted on a second council (Charter Sec. 15.0 and D).
ALTERNATIVES
Either not adopt, in which event there will no change in the expense allowance, or direct staff
to use a different index and resubmit.
RECOMMENDATION
Enact Ordinance 2920, Updating the Referenced Consumer Price Index for LOC 12.02.060.
ATTACHMENTS
1. Code Amendments with Commentary
2. Ordinance 2920
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Ord. 2917 Page 1/9
Attachment 1 to Council Report
Code Amendments with Staff Commentary
ART. 12.20 EMERGENCY CODE
12.20.805 "Emergency" explained.
The state of emergency exists whenever the City or any area therein is suffering or is in imminent
danger of suffering an event that may cause injury or death to persons, or damage to or the destruction
of property to the extent that extraordinary measures must be taken to protect the public health, safety
and welfare; such an event shall include, but not be limited to, the following:
1. A civil disturbance or riot;
2. A disaster such as flood, windstorm, earthquake,or fire, explosion or
3. An epidemic pandemic,or public health emergency;
34. The declaration of a war caused national emergency;
5. Any other emergency declared by the State,or Clackamas, Multnomah,or Washington counties;
46. Any major disruption of community services such as transportation, power supply, water service or
communications.
Staff Comment: Expands categories of emergencies, as the COVID 19 pandemic has shown
that there are names for different degrees of health emergencies, all of which can have the
same effect in terms of the need to declare a state of emergency. Adds emergencies that may
be called by the State of Oregon or the counties in which Lake Oswego is located.
12.20.820 Authority.
When, in the judgment of the City Manager or designee, a state of emergency exists,the emergency
shall forthwith be declared in writing and the existence of same publicized. Upon that declaration,the
City Manager or designee is empowered to assume centralized control of and have authority over all
departments, bureaus and other offices of the City in order to implement the purpose of this Code. The
state of emergency declared by the City Manager or designee shall exist for the period set forth in the
declaration, but shall not exceed 3-6 72 hours in duration, and may not be extended, unless within that
time the City Council (or so many members thereof as may be able and available within the City to
perform the duties of their office) passes a resolution shall ratify and confirming the City Manager's or
designee's declaration of a state of emergency.The Council shall also set the expiration date of the state
of emergency as part of the resolution. A declared emergency may be modified by the City Council at
any time.; in which event the Council shall declare the period for which the emergency shall exist, not to
the City Council.
Staff Comment: Eliminates stated authority of the City Manager to assume control over city
departments;the City Manager normally has that authority, per Charter, Section 20.B.
Expands duration of City Manager-declared emergency from 36 hours to 72 hours to extend
Ord. 2917 Page 2/9
Attachment 1 to Council Report
Code Amendments with Staff Commentary
over weekends. Enables Council to set date or conditions under which the declaration expires,
rather than 2 weeks at a time.
12.20.830 Regulation and Control of Persons and Property.
Whenever a state of emergency has been declared to exist within the City,the City Manager is
empowered to order the following measures in the interests of public health, safety or welfare:
7. Suspend the applicable public procurement requirements, and,to the extent sufficient funds are
available and budgeted,to redirect city funds to pay expenses incurred as a result of responding to the
emergency,
Staff Comment: Expressly states within this Emergency Code that public procurement processes
may be suspended ("emergency" contracts already authorized in Public Contract provisions).
Allows City Manager to move budgeted funds as needed to respond to emergency.
78. Order such other measures as are imminently necessary for the protection of life or property.
ART. 14.02 POLICE/IN GENERAL
14.02.055 Threshold Inquiry; Protective Search.
***
2. Protective Search: If during the temporary detention authorized above the officer reasonably
believes himsclf they areto be in danger of attack or assault by the person thus detained,the officer
may frisk such person for dangerous or concealed weapons without arrest. Any such weapon found on
the person may be kept by the officer during the period of detention, and at the end of such period shall
be returned to the person thus detained, unless at that time the person is arrested for a crime or breach
of ordinance involving the use, possession or concealment of such weapon.
Staff Comment: Last year staff went through the Code to remove gender-specific references.
This search term was overlooked.
***
Ord. 2917 Page 3/9
Attachment 1 to Council Report
Code Amendments with Staff Commentary
ART. 15.06 FIRE PREVENTION CODE
15.06.610 Oregon Fire Code Adopted.
There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to
life and property from fire and explosion the 2019 2022 Oregon Fire Code (as adopted by OAR 837-040).
Such code is enacted and adopted in whole by this reference as though set forth at length except such
portions as are hereinafter deleted, modified or amended by this section.
1. The geographic limits referred to in certain sections of the Oregon Fire Code are hereby
established for the City of Lake Oswego as follows:
a. Section 5704.2.9.6.1: residential zones (including areas with split zones which include
residential zones).
b. Section 6104.2: residential zones (including areas with split zones which include residential
zones).
2. The City of Lake Oswego hereby adopts Sections 105.5.1 through 105.5.52 and 105.5A 105.6A
through 105.6.505.E of the Oregon Fire Code.
4. Section 603.3605.4 is amended to add, as additional subsections,the following:
A. Subsection 603.3.1.2605.4.1.3 Storage may be permitted in residential zones
subject to the following requirements:
B. Subsection 603.3.1.3605.4.1.4.Screening.Above ground tanks are to be
surrounded by fences, walls, or plant materials that are sufficient to fully screen
their appearance from neighboring properties. If plant materials are used to provide
the screening,they shall meet the requirements of Section 50.06.004.1.c of the
Community Development Code.
C. Subsection 603.3.1.4605.4.1.5. Setbacks. All structures supporting tanks shall
be located a minimum of five (5) feet from any property line. For tanks larger than
275 gallons,the minimum setback shall be increased to ten feet. Additional setbacks
shall be as specified in the Oregon Fire Code.
D. Subsection 603.3.1.5605.4.1.6.Tank Requirements. All above ground tanks
shall display a sticker indicating acceptance by Underwriters Laboratories or a
comparable organization (e.g.,ASME or Factory Mutual).Tanks shall be double-
walled or shall otherwise provide containment for leaks.Tanks must be
manufactured, installed, and maintained in compliance with the manufacturer's
instructions, NFPA Standard 31 (Installation of Oil Burning Equipment), and be
approved by the Fire Chief.
Ord. 2917 Page 4/9
Attachment 1 to Council Report
Code Amendments with Staff Commentary
E. Subsection 603.3.1.6605.4.1.7. Clean-up.The property owner shall bear the
responsibility for the prompt and thorough clean-up and proper disposal of any fuel
oil that is spilled on or around any tank,whether the tank is located under ground or
above ground.
F. Subsection 603.3.1.7605.4.1.8. Closed System.Above ground tanks shall be
closed systems,fueling only oil-fired appliances.All other distributions of fuel from
such tanks shall be unlawful.
5. A new Section 5601.1.2A5601.1.1.1 is added to Oregon Fire Code Chapter 56 as follows:
5601.1.2A 1.1 Storage of Explosives. Overnight storage of any quantity of explosives
or blasting agents is prohibited within the boundaries of the City.
Exception: Storage of smokeless propellant, black powder and small arms primers
for personal use and not for resale in accordance with Oregon Fire Code Section
5606.
Staff Comment: OAR 837-040-0010 (2)was revised to adopt the 2021
International Fire Code with Oregon amendments to be known as the Oregon
Fire Code, 2022 edition, with an effective date of October 1, 2022. In addition,
837-040-0010(3) changes new construction plan review phase-in dates. Code
section numbering updated with new version.
Ord. 2917 Page 5/9
Attachment 1 to Council Report
Code Amendments with Staff Commentary
ART.47.06 SIGN CODE/REGULATION OF PERMENANT SIGNS
47.06.205 Permanent Signs Exempt From Permit and Fee.
The following signs shall comply with all provisions and regulations of this chapter; however, no fee,
permit or application is required:
6. Athletic Field Signs.
a. =Rigid signs located on the outfield fence of athletic fields may be installed. Each individual sign
shall be no more than 32 square feet in area.There shall be no more than 32 square feet of area for
any eight linear feet of fence.The maximum height shall not exceed eight feet above grade.The
signs shall be placed so as to be visible from the interior of the field and/or viewing stands.
b. One sign located at one end of the each field visible to spectators shall subject to the following
requirements:
i. 100 ft.or More from Residential Zone: The sign shall be set back a minimum of 100 feet
from residentially-zoned property,with a maximum height of 25 feet above grade, except
that the height may be increased one foot for every additional 25 feet of distance from
the sign to the lot line of the nearest residentially zoned property,to a maximum height of
28 ft.; or
ii. Less than 100 ft.from Residential Zone:The sign may be set back less than 100 feet from a
residentially-zoned property if it is havc a maximum height of 4-5-18 feet above grade}_
not more than 100and shall be a maximum of 6/1 square feet in area,the illuminated side
faces away from the residentially-zoned property less than 100 feet away, and the back of
the sign is painted a dark or earth-tone color,
Screening and buffering of the sign may be required as a condition of approval if the
illuminated side of the sign is visible from residential properties or public right-of-way to
mitigate light impacts or distraction to motorists.
Staff Comment: Currently,Athletic Scoreboards are restricted in size to 15' in height and 64
square feet in size. As shown in the attached inventory table of all the Lake Oswego School
District scoreboard signs (Attachment 1-A), only one scoreboard (Lakeridge soccer/JV football
field) complies with the current size limitations.All other scoreboards have either received a
Sign Variance or are non-compliant with the size limitations.The inventory table also shows that
all of the scoreboards are set back significant distances from residential properties and are
situated in large fields,which in most cases, have substantial screening and/or distance from
Ord. 2917 Page 6/9
Attachment 1 to Council Report
Code Amendments with Staff Commentary
surrounding properties. Staff is not aware of any complaints with regard to any of the existing
scoreboards.
The athletic sign standards also apply to City parks. East Waluga Park is the only City athletic
field with a scoreboard. While no scoreboards are currently proposed for other City Athletic
fields,the Parks Dept. has indicated that it may consider installing scoreboards in the future at
Hazelia Field, George Rogers Park, or Westlake Park.All of these parks have sufficient space to
locate a scoreboard a substantial distance from residentially-zoned properties.
The proposed amendments would exempt athletic scoreboard signs from size limitations, except
height, provided the sign is set back at least 100 feet from residentially-zoned property and
includes provisions to require screening or buffering, if necessary. Scoreboards that cannot meet
the 100-foot setback would be subject to size limitations and more restrictive height limits, or
could apply for a Sign Variance for a larger sign, which includes public notice and opportunity for
appeal.
Lake Oswego School District(LOSD)staff has reviewed the proposed amendments and
confirmed the requirements are sufficiently flexible to accommodate scoreboard signs for the
needs of different types of athletic fields,while assuring minimal visual impacts to surrounding
properties.
ART.47.10 SIGN CODE/PERMIT REQUIREMENTS
47.10.415 Permanent Signage Requiring Permit Allowed in Commercial, Public Facility and Campus
Institutional Zones (MC, HC,CR&D, OC, PF and CI).
In addition to the temporary and permanent signage allowed without permit in the commercial, public
facility, and campus institutional zones the following signage is allowed in the MC, HC, CR&D, OC, PF,
and CI zones subject to permit and fee:
***
4. Sign Features/Restrictions.
a. Except as provided in subsection (3)(e) of this section, no pole signs shall be allowed.
b. Signs shall not be attached to parking structures, or to portions of buildings that serve as
parking facilities.
c. Off-site signs shall not be placed along arterial streets except at their intersection with
another arterial, collector street or access entrance for multiple buildings.
Ord. 2917 Page 7/9
Attachment 1 to Council Report
Code Amendments with Staff Commentary
d. Monument signs shall not exceed eight feet in height.
e. All developments shall have sign criteria affecting the development as a whole approved as
part of any master plan (overall development plan and schedule/planned development) approval
to insure compatibility between signs on individual development parcels or on individual
structures.
f. Within the PF Zone:
i. Except at otherwise indicated, signs may be indirectly or internally illuminated.
ii. Changeable copy, manual or electronic, is allowed provided the copy does not change
more frequently than 15 seconds at a time.Animated, moving,scrolling,flashing and similar
changes in copy are prohibited.
iii. Lighting that is within 200 feet of a residential zone and is substantially visible from any
residential unit or vacant residential lot shall be extinguished between 10:00 p.m. and 7:00
a.m.
Staff Comment: The Public Functions (PF) zone was adopted in 2002 (Ord. 2334) and was
applied to publicly-owned properties, including public schools and City-owned facilities. Several
years after the new zone was adopted, it was discovered the PF zone had not been added to the
Sign Code. In 2013,the PF zone was added to the Sign Code (Ord. 2617) under the sign
provisions for the MC, HC, CR&D, OC, and CI zones in LOC 47.10.415. Prior to the PF zone, the
sign provisions in LOC 47.10.425, which included a "Sign Features/Restrictions" section that
allowed changeable copy and restricted the hours of lighting for signs, applied to all institutional
and public uses; however, the "Sign Features/Restrictions" section is not included in LOC
47.10.415 and so no longer applied to institutional and public uses.
Changeable copy is a customary sign feature for schools and other public facilities in order to
communicate events, school closures, and other important information.The above amendment
restores sign features and restrictions that previously applied to institutional (school) and public
uses before the Public Function (PF) zone was adopted, except that changeable copy is not
restricted to only 50%of the sign area, electronic change of copy is clarified to limit it to 15-
second intervals with no animation or flashing allowed, and the lighting of the sign is to be
extinguished between 10pm and 7am instead of 10pm and 8am, since school activities can
begin as early as 7am.
Ord. 2917 Page 8/9
Attachment 1 to Council Report
Code Amendments with Staff Commentary
ART. 55.02 TREE CODE/TREE REMOVAL
55.02.085 Request for Public Hearing on a Type II Tree Cutting Permit.
4. A decision of the DRC shall not become final for ten days from the date of adoption of written
findings. Any person who appeared before the DRC either orally or in writing may appeal the decision of
the DRC to the City Council by filing a written notice of intent to appeal, along with an appeal fee as
established by resolution of the Council, with the City Recorder within ten days of the date of adoption
of the DRC's written findings, conclusions and order.The findings, conclusions, and order and minutes of
the DRC's meeting, along with any written staff reports or testimony, shall be forwarded to the City
Council. Written notice of the appeal hearing shall be sent at least ten days in advance of the Council
hearing to those persons who appeared before the DRC.The hearing before the City Council shall be on
the record established before the DRC and only persons who appeared before the DRC orally or in
writing may testify.The appellant shall testify first,followed by persons in favor of the app al, persons
with rebuttal by the appellant.The Council's hearing shall follow the same procedures set forth in LOC
50.07.003(7)(d)through (f) (except the minimum time the staff report must be available for review prior
to the appeal hearing is three days), (7)(h)through (I), (7)(m) (except any land use review deadline is not
applicable), (7)(n), and (7)(o)(i)through (iv).The decision of the Council shall be final.
Staff Comment: The order of testimony where the applicant is NOT the appellant is contrary to
the land use code:
LOC 50.07.003.7.i [Land Use Appeal Hearing]
i. Conduct of the Appeal Hearing Before City Council
The Mayor shall conduct a hearing on appeal pursuant to the requirements of
LOC 50.07.003.4.a.i through x and 50.07.003.4.a.xiii.
LOC 50.07.004.a.vi—x states the owner of testimony as:
vi. The Chair shall call for the applicant's testimony.
vii. The Chair shall call for other evidence or testimony in support of the application.
viii. The Chair shall call for evidence or testimony in opposition to the application.
ix. The Chair shall call for neutral evidence or testimony.
x. The Chair shall call for rebuttal by the applicant.The applicant's rebuttal is limited
to responding to testimony previously submitted and shall be based solely on the
evidence in the record. If the applicant submits new evidence in aid of rebuttal,the
Chair shall allow any person to respond to that evidence, and provide for final rebuttal
by the applicant.
***
The Council's appeal hearing is not like an appellate court, in that (a)the appeal is not
constrained to "assignments of error" in the notice of appeal (LOC 50.07.007.k.i), and (b)the
Council is not constrained to determine if the DRC"erred" but is re-examining the evidence in
the record to determine if the application complies with the applicable criteria and standards
(LOC 50.07.007.n.ii). By deleting the Tree Code-specific order of testimony on appeal, and
Ord. 2917 Page 9/9
Attachment 1 to Council Report
Code Amendments with Staff Commentary
leaving it to reference the land use code, then it will be consistent with land use,which will
eliminate confusion by the participants and staff in conducting the appeal hearing. The time
for testifying is not affected.
ATTACHMENT 2
ORDINANCE 2920
AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL UPDATING THE REFERENCED CONSUMER
PRICE INDEX FOR LOC 12.02.060.
WHEREAS, LOC 12.02.060 indexes the council member and mayor expense allowance to the
Consumer Price Index for the Portland Area; and
WHEREAS, the US Bureau of Labor Statistics no longer publishes the Consumer Price Index for the
Portland Area, and the most analogous now published by the US Bureau of Labor is the
Consumer Price Index Western Region Size B-C;
The City of Lake Oswego ordains as follows:
Section 1. The Lake Oswego Code is hereby amended by adding the section and text shown in
bold, double-underlined type and deleting the text shown in strikcthrough type as follows:
12.02.060 Council Member Expense Allowance.
1. Pursuant to Lake Oswego Charter Chapter III Section 13, each member of the City
Council shall receive the following allowance for expenses incidental to service on the
Council: The Mayor shall receive $417.71 $480.87 [updated 202224] per month and each
Councilor shall receive $198.95 $213.67 [updated 202224] per month. Once per calendar
year following April 16, 1985, this amount shall be adjusted pursuant to and at the
beginning of the first city payroll period following July 1, the publication of the annual
increase or decrease in the Consumer Price Index for the Portland Area All Consumers
{1983 84 - 100) (CPI). The City shall use the Consumer Price Index Western Region Size B-
C (CPI) as of the prior year end. adjustment shall become effective as of the first of the
month following publication of the annual CPI adjustment. Following any adjustment, the
City Recorder shall update the Lake Oswego Code by adjusting the allowance amounts set
forth in this subsection to reflect any CPI adjustment.
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. Transition Period of Amendment of LOC 12.02.060 as to each voting Councilor and
Mayor. The change in the referenced consumer price index for each council member and for the
mayor shall be effective as to the date when the current term of the current voting council
member and mayor expires.
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Ordinance 2920
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 December, 2022.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joseph M. Buck, Mayor
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Evan Boone, City Attorney Pro Tern
Ordinance 2920
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