Approved Minutes - 2023-04-18 C
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CITY COUNCIL REGULAR MEETING
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I April 18, 2023
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1. CALL TO ORDER
Mayor Buck called the regular City Council meeting to order at 3:02 p.m. on April 18, 2023.
The meeting was held both virtually via video conferencing and in person in the Council
Chamber at City Hall, 380 A Avenue.
2. ROLL CALL
Present: Mayor Buck and Councilors Wendland, Mboup, Rapf, Afghan, and
Corrigan. Councilor Verdick was excused.
Staff Present: Martha Bennett, City Manager; Ellen Osoinach, City Attorney; Kari Linder,
City Recorder; Madison Thesing, Assistant to the City Manager; Don
Johnson, Fire Chief; Erik Olson, Long Range Planning Manager
Others Present: Andrew Parish, Senior Planner, MIG; Brendan Buckley, Senior Project
Manager, Johnson Economics (both via video conferencing)
3. PLEDGE OF ALLEGIANCE
Mayor Buck led the Council in the Pledge of Allegiance.
4. EXECUTIVE SESSION: The Lake Oswego City Council will meet under authority of
ORS 192.660(2)(d) Conduct deliberations with persons designated to carry on labor
negotiations; and (f) Consider records that are exempt by law from public
inspection.
Attorney Osoinach reviewed the statutory basis for entering executive session and outlined the
parameters.
The City Council met in executive session beginning at 3:05 p.m. and ending at 4:17 p.m.
The Council reconvened in open session at 4:24 p.m.
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April 18, 2023
5. PUBLIC COMMENT
Mayor Buck reviewed the format for public comment and noted that the first speaker expected
was not present.
• Dan Swanson
Mr.Swanson declared his opposition to placing pickleball courts near his Westlake home, located
only two blocks from the proposed site. He compared the lower noise levels generated by tennis
players there to those of pickleball players. Though the noise of only two pickleball players may
not be problematic, the prospect of six courts and doubles teams will not be appropriate for a
neighborhood with homes as close as 50 to 200 feet away. With the sport's rapid growth, he
anticipates an increase in neighborhood traffic and related safety issues for children and others.
Potential loss of property value is a great concern to homeowners in the area. In his view, a traffic
study might project volume similar to a retail business, e.g., a CVS or Starbucks. Clearly, the
Westlake zoning does not allow such uses. This is the wrong place at the wrong time.
Mayor Buck noted that both a traffic study and noise study would be conducted. He advised that
a special Council meeting was scheduled for May 9, specifically to consider these completed
studies. People interested are invited to attend, he indicated.
• Keith Greene
A longtime Lake Oswego resident who has lived in his Westlake home for 29 years, Mr. Greene
stated that his front door is situated about 275 feet from the current tennis courts there. On a
March visit to his son's home in Scottsdale, Arizona, he had the opportunity to observe activity at
a nearby pickleball complex. In three visits on varying days and times of day, he had seen
maximum use of all 10 courts, with additional people waiting to play. Given the high popularity of
the sport, he anticipates the same at Westlake courts; he extrapolated those six courts to have
24 players in action, with 12 to 18 waiting, from 6:00 a.m. to 10:00 p.m. every day. This would
bring significant change to his neighborhood's character, including increased noise and traffic.
The key difference between the Scottsdale complex and the one proposed for Westlake is that
the Scottsdale complex is located nowhere near residences. Numerous communities have found
that converting tennis courts in neighborhoods for pickleball is not a viable solution; the company
hired to conduct the sound study here has been quoted in publications as not recommending it,
he noted.West Linn has had problems similar to Lake Oswego's and is now exploring alternatives.
He encouraged Council to seek a different location. A parks bond measure may be needed to
fund and identify an appropriate location, perhaps in collaboration with West Linn Parks and
Recreation; that could also address the cost objection. Consideration of the Westlake Park site
offers only a Band-aid solution to the problem already faced at George Rogers Park.
• Stan Sasaki
Mr. Sasaki, a 30-year resident near Westlake Park, reported that he has observed a demographic
change in the tennis players there over the last five to 10 years: a much higher percentage of
Asians as compared to the 8% Census data. Sometimes the accompanying family members
appear to represent multigenerational households. Following Council's January decision, he has
encouraged players at the Westlake courts to provide input at neighborhood meetings; however,
he has seen reluctance on the part of the Asian community to engage in these and other meetings.
He attributes this both to language barriers and to cultural differences that preclude challenging
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April 18, 2023
government authority or bringing attention to oneself. In terms of inclusion as a public policy goal,
the Asian tennis community is notably underrepresented. In effect, closure of the Westlake courts
has been precipitated by the change in City Council membership; first-generation immigrants,
Asians and otherwise, are unlikely to be U.S. citizens, hence they cannot vote even on local
matters. Other than this inclusion issue, Council's decision to convert George Rogers courts back
to tennis offers the displaced Westlake tennis players that alternative. This can hardly be
considered comparable to nearby courts where players may find others who speak their language
or understand their culture. It fails any common-sense equity test to ask emerging-community
members to travel across town to an unfamiliar neighborhood. Most of all, it asks community
members to live in one neighborhood but to play in another. This is a fundamental of the racist
deeds and covenants still on the books that prohibit people of certain races except as servants.
In meeting with two managers involved in the City's diversity, equity, and inclusion (DEI) program,
he learned, essentially, that equity and inclusion issues are not a consideration in the Westlake
permit application process. While recognizing that DEI goals are aspirational, he asked that
Council re-evaluate its related decisions through an inclusionary and equity lens.
• Harlan Levy
Mr. Levy asked Council to review printouts of three articles (Public Comment — Harlan Levy)
sourced through a Facebook page ["Pickleball Sound Mitigation"]. These discussed recent
controversies in three North American cities involving placement of pickleball complexes in
neighborhoods. A chart from the same source was included, showing a partial list of lawsuits filed
by affected neighborhoods and homeowner associations in the three cities. He noted that many
similar situations can be found elsewhere. As noted in his earlier comments, he reminded Council
that the issue is limited neither to Lake Oswego nor to Westlake Park neighbors who object.
Rather, pickleball complexes in neighborhoods is a serious problem around the U.S. and is simply
an incompatible use for neighborhood parks. Council was encouraged to seek an alternate
location that is compatible, with more courts for pickleball. He thanked Council for scheduling the
May 9 meeting, and promised to continue sharing information as he finds it.
Mayor Buck clarified that the special Council meeting on May 9 was not a public hearing, but
rather a discussion, to include input from the public.
• Lisa Yu
Ms. Yu noted that she has resided for many years near Westlake Park, where the back of her
home faces the tennis courts. Prior to the birth of her first child about 20 years ago, she relocated
her law practice to an office in her home. Working about 9:00 to 6:00 each day in her second-floor
office, she faces the park, with its sights and sounds of baseball games, sports camps, soccer,
and concerts. On warm summer evenings, she opens windows to improve air circulation on the
second floor. She asserted that use of the pickleball courts from 7:00 a.m. to 10:00 p.m. will be
devastating for her, as an attorney working from a home office. The nature of her practice entails
many client meetings on Zoom, and therefore she cannot transition quickly to a new business
model, where she would have to establish a new client base paying fees to support leased office
space. Her home office is an extremely important priority, and sounds from the park are not
disruptive. Unlike the problematic noise of pickleball play, sounds from the park are generally
pleasant. She anticipates that the pickleball courts in proximity to her house will be a significant
distraction for her practice. She does not know if it will be feasible to continue operating her City-
registered business there.
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April 18, 2023
• Taylor Drake
Mr. Drake reported that nearly 100 people attended a public meeting of the Westlake
Neighborhood Association (NA) held the prior evening; only one person, a representative of the
Lake Oswego Pickleball Club, expressed support for converting the Westlake tennis courts to a
six-court pickleball complex. Among many questions heard were: (1) Why would the City be
pursuing this project, knowing that the acoustical fencing will not mitigate sound effectively?
Based on the consulting sound engineer's website, conversion of tennis courts to pickleball is not
advisable; effective mitigation will be extremely expensive. (2) Why does a progressive city like
Lake Oswego not have a noise ordinance, including enforceable standards? (3) Why would the
City pursue this, when numerous other cities are closing their pickleball courts, particularly those
converted from tennis. (4) Why are Westlake homeowners being sacrificed in order to save the
City a small amount of money? A proper facility would solve the problem at a cost of $1 million,
but Westlake homeowners' net loss will be many multiples of that amount. This lacks fairness and
equity. (5) Why is the obvious lack of adequate parking not recognized? The existing Westlake
parking lot overflows onto Bunick Drive with one soccer or baseball game, and adding the 30 to
50 cars associated with pickleball play will be a disaster. (6) Why is it not anticipated that the
added demand for parking will result in significantly more vehicles parked on both sides of Bunick?
At such times, the street is barely passable for a single vehicle, and drivers must be very cautious,
with children and other pedestrians crossing there. (7)Why is the City's aquatics center not being
configured to fully meet pickleball demand? As found at the Westlake NA meeting, when the
studies are available for discussion at the May 9 meeting, three points should become equally
obvious to those at this Council meeting: The square peg does not fit the round hole; the problems
at George Rogers Park will only be amplified at Westlake; moving this problem is not solving it.
6. CONSENT AGENDA
6.1 Approval of Meeting Minutes
January 21, 2023, Draft Special Meeting Minutes
February 7, 2023, Draft Regular Meeting Minutes
6.2 Resolution 23-15, A Resolution of the City Council of the City of Lake Oswego
Authorizing the City Manager to Execute an Amendment to the Intergovernmental
Grant Agreement with the Clackamas Health, Housing, and Human Services
Department's Social Services Division for Fiscal Year 2022-2023.
END CONSENT AGENDA
Councilor Wendland moved to adopt the Consent Agenda. Councilor Rapf seconded the
motion.
A voice vote was held, and the motion passed,with Mayor Buck and Councilors Wendland,
Mboup, Rapf, Afghan, and Corrigan voting `aye'. (6-0)
7. ITEMS REMOVED FROM CONSENT AGENDA
No items were removed from the Consent Agenda.
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April 18, 2023
8. COUNCIL BUSINESS
8.1 Ordinance 2925, An Ordinance Annexing to the City of Lake Oswego One Parcel,
Consisting of 0.98 Acres at 13237 Knaus Road; Declaring City of Lake Oswego
Zoning Pursuant to LOC 50.01.004.5(a-c); and Removing the Territory from Certain
Districts (AN 23-0003).
Mayor Buck noted that Councilors Corrigan and Afghan had been absent at the related public
hearing, and asked Ms. Osoinach to clarify the matter. Directing her remarks only to Councilors
Afghan and Corrigan, she advised that they might participate or vote on either this ordinance or
on Ordinance 2921 if they wished. However, they would need to clarify for the record that they
had reviewed all exhibits and videos attendant to those items, and then make declarations to
affirm their reviews, as well as declarations of any ex parte contacts, bias or conflict of interest,
i.e., as if they had participated in the original hearing. Alternatively, they could pass if they did not
wish to vote on the two ordinances.
Councilor Afghan stated that he had reviewed all materials, including video of the pertinent
Council meeting. He was satisfied with the decisions made by City Council and wished to pass
on participating in the voting. Councilor Corrigan expressed her satisfaction with Council's
decision and stated that she would pass, as well.
Councilor Wendland moved to enact Ordinance 2925. Councilor Mboup seconded the
motion.
A voice vote was held, and the motion passed,with Mayor Buck and Councilors Wendland,
Mboup, and Rapf voting 'aye' and Councilors Afghan and Corrigan abstaining (4-0-2).
8.2 Ordinance 2921, An Ordinance of the City Council of the City of Lake Oswego
Amending the Lake Oswego Comprehensive Plan Map and Zoning Map to Change
the Designation for a 0.79 Acre Parcel from R-5, Medium Density Residential to
R-7.5, Low Density Residential at 1710 South Shore Blvd. (21 E10CC05000,
21 E10CC05100, 21 E10CC05200 and 21 E10CC05300); and Adopting Findings (LU 22-
0058).
Councilor Rapf moved to adopt Ordinance 2921. Councilor Mboup seconded the motion.
A voice vote was held, and the motion passed,with Mayor Buck and Councilors Wendland,
Mboup, and Rapf voting 'aye' and Councilors Afghan and Corrigan abstaining (4-0-2).
8.3 2023 Legislative Session Update
Ms. Thesing updated Council on the 2023 session of the Oregon State Legislature, highlighting
Lake Oswego's key initiatives, as identified by Council in relation to legislative priorities (Council
Report, Attachment 1, p 3-4). In tracking related bills, staff was gratified at the number of those
supporting City priorities that have now been assigned for a second committee review; this may
involve more in-depth review of budgetary considerations or rule-making. She discussed the
committees' responsibilities to meet firm deadlines, which places pressure on local governments
to be heard on important issues, such as the 1-205 tolling project. Especially with the housing-
production bill, there is a need for public hearings and work sessions to enable better feedback
and involvement with legislative committees. Specific update topics for Council at this time are:
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April 18, 2023
(1) tolling, addressing status of the City's related request; (2) review of housing bills and an April
14 letter advocating for greater partnership with local governments through certain bill
refinements; in support of production goal-setting, Lake Oswego's success with increased
housing (over 1,000 units produced in the last five years) should be shared and showcased. With
Council's approval, the letter could provide the Mayor a greater voice with some partners at the
state level, e.g., Vice Chair Mark Gamba of the House Committee on Housing and Homelessness;
and (3) review of the City's advocacy efforts for sustainability, as led by Sustainability Program
Manager Amanda Watson. Recognizing the range of potential tolling impacts, staff had also sent
the Mayor's letter to leaders across Clackamas County and in Marion County. As tolling was not
a 2023 legislative priority, this is essentially a grassroots effort advocating for more public
comment and a public hearing to bring forward concerns about tolling. Also, public comment on
the environmental analysis, presented to Council earlier by the Oregon Department of
Transportation, is due April 21. In alignment with Clackamas County staff, the City's report of
public comment is being prepared by City Engineer Erica Rooney and Senior Associate Engineer
Will Farley.
Mayor Buck affirmed the tolling update, adding that Lake Oswego's Clackamas County
representatives in the Legislature are very concerned about the lack of response seen from their
colleagues. He participated in a meeting in Salem with a Joint Committee on Transportation
leader who reported on the status of proposed toll-related bills; this was followed soon after by
conflicting information. City and County staff, however, have coordinated very effectively on this
high City priority.
Moving to the package of housing bills, Ms. Thesing advised that most had either been passed
or moved on to assigned second committees. Being followed most closely by staff are HB 3414
(concerning variances) and HB 1051 (potential expansion of the Urban Growth Boundary(UGB)).
Ongoing comment from Ms. Bennett and City Planning staff have supported efforts to improve
the bills. Together with coordination help from the League of Oregon Cities, the local governments
are working hard to explain and reinforce enactment of the bills. Increased housing production
being a priority, staff has noted that Lake Oswego residents do not have a high level of awareness
of methods that have afforded over 1,000 new housing units in the past five years. The April 14
letter is a means of conveying that achievement. With Council's endorsement today, staff intends
to utilize the Mayor's voice at the State, where advocacy for the cities can be heightened. The
City will rely on existing strong relationships;for example, Mark Gamba is Vice Chair of the House
Committee on Housing and Homelessness, as well as a past Milwaukie City Council member.
Councilor Wendland touted the letter's excellence, including its comprehensive list of projects
that have increased the housing inventory over the past five to10 years. In his view, the City did
it the right way by targeting a broad scope of audiences and their needs. Mayor Buck concurred.
Ms. Thesing recognized the roles of Planning team members and Ms. Bennett, who identified all
the related code changes made.
Thirdly, Ms. Thesing highlighted the work of Sustainability Program Manager Amanda Watson in
tracking legislation related to cities' climate-action goals. Specifically, these are ones that would
allow cities to advance their own goals ahead of State regulations. Cities hope these bills would
allow them to move forward voluntarily with certain opportunities, including additional grant
programs funding. Staff would continue to keep Council updated via email.
In closing, Ms. Thesing reminded Council of the Legislative Town Hall scheduled for April 23,
1:00-2:00 p.m. in the Council Chamber. State Senate President Rob Wagner, Representative
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April 18, 2023
Daniel Nguyen, and Representative Jules Walters would join Mayor Buck in addressing top issues
across the region.
9. STUDY SESSIONS
9.1 Emergency Medical Services Update
Chief Johnson advised that the study session would be based on 2023 Council Goals, continuing
his presentation as heard by Council in February. Today's topic would address the City's
Emergency Medical Services (EMS) system, as discussed in the Council Report. With
accompanying slides (Presentation - Emergency Medical Services Update), he noted that
operation of these services in Oregon are rooted in the Oregon Revised Statutes (ORS), with an
essential focus on ambulance service and equitable delivery of emergency medical service. Four
key EMS components statewide were outlined, with Chief Johnson citing data at both the state
level and for the ambulance service area pertinent to Lake Oswego.
(1)Ambulance Service Areas. These are defined service areas throughout the state, serviced by
specified providers. Clackamas County, encompassing about 244 square miles, is served by
American Medical Response (AMR). They are contractually required to deliver a paramedic on
scene within seven minutes and 59 seconds of the call 90% of the time. With about 70% of Lake
Oswego calls being for emergency medical service, this city and others provide paramedic
response under AMR subcontracts. Related State compliance requirements were outlined.
(2) Paramedic. The City currently has 46 paramedics on staff, along with three emergency
medical technicians (EMTs). Paramedics complete a training requirement of 14 to 20 months,
plus a field training program; they also complete a minimum of 48 hours' recertification annually,
as required by the State. Their skillset was outlined, including intubation of an airway, performing
a tracheotomy, and administering intravenous medication. In addition, new technologies are
employed through recertification learning, typically about 70 hours a year.
(3) Oregon EMT. The less-rigorous standards for EMT certification (Presentation, p 4/10) were
outlined, including: a four-to-six-month training period, lesser recertification requirements, limited
assessment and treatment of patients, administration only of the patient's personal medications.
For some years, Lake Oswego has set a higher standard in requiring the paramedic certification
within two years. In the past several years, Fire Department leaders identified that the paramedic
qualification was a barrier to diversity. Accordingly, for about four years, EMTs have been hired
with the understanding that they will have two years to achieve paramedic certification. This has
resulted in a pool of recruits that better reflects the community's diversity.
(4) Ambulance Licensing. As required of all Clackamas County dispatch centers, the City's team
achieved dispatch accreditation equating to a "gold standard" of care. This was achieved within
about one year, through the efforts of both former and current department leadership. It offers
patients the best opportunity to survive, from time of initial call to arrival at the hospital.
Discussing additional slides, Chief Johnson differentiated Basic Life Support(BLS) (p 6/10)from
Advanced Life Support (ALS) (p 7/10). Of approximately 3,500 medical calls received annually,
about 20% are determined to be BLS, i.e., within the EMT scope, which excludes cardiac
monitoring. About 80% are deemed ALS, where a cardiac monitor may be placed by a paramedic.
Among advances over the past couple of years is a move to similar protocols by a consortium of
Tualatin Valley, Lake Oswego, and Clackamas County operations. Standardized equipment
across departments has also proven beneficial. For ALS, he reiterated involvement of paramedic-
level skills, e.g., diagnosis with use of cardiac monitoring, complex splinting. The department
annually receives 15 to 20 calls involving cardiac arrest, of which 25-plus% to 50% will be saved.
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An example of such a success was described, where City police and fire staff worked
collaboratively. Over an extended period, paramedics administered 28 medications; the patient
was able to walk out of the hospital three days later.
In accordance with ORS, medical direction for the City's applicable ambulance service area is
provided by Dr. Ritu Sahni. He provides direction for BLS and ALS, as well as for the Lake
Oswego Communications Center (LOCOM) and Police. Operating under Dr. Sahni's medical
license, Fire staff obtains medications. Along with two other doctors in the county, he also
develops protocols, i.e., training and delivery, provided for paramedics on a regular basis. Quality
improvement is a priority. Dr. Sahni or another doctor conducts annual skills evaluation on all
applicable staff, including LOCOM and Police, to ensure ongoing improvement. Dispatch being a
key element, about 25% of the 3,500 annual incoming calls are reviewed subsequently; of these,
a 95% accuracy level must be maintained to ensure dispatch center accreditation. With Dr.
Sahni's and EMC staff participation, a step-by-step review of calls is ongoing. Ultimately,
communication with the applicable firefighters enables them to know how effectively they did their
job. The department will have a record that encompasses times of dispatch and arrival at the
scene, through administration of medications and caretaking enroute to the hospital.
Transmission of these reports to the hospital ensures optimum patient care upon arrival.
Moving to precepts of the EMS Strategic Plan, Chief Johnson noted that about four years earlier,
he and several Clackamas County colleagues had been reviewing the ambulance service area
criteria. In doing so, they found a shared concern: the primary focus on meeting the seven-minute
and 59-second time standard throughout the county. However, patient outcomes over a 20-year
period had not necessarily been examined. A quality-of-service assessment was therefore
identified as an important need. This is now reflected in the County's strategic plan, with less
focus on time standards and emphasis on key performance indicators that measure patient
health. Integration of the Medical Priority Dispatch System (MPDS), the triage system used by
LOCOM, has presented an opportunity to prioritize calls for higher-level work by AMR. A large
majority of calls therefore remain available for the City's responders to handle. The result is more
effective management of overall demand on the system. AMR, he noted, has been an excellent
partner. In addition to Clackamas and Multnomah counties, they were recently awarded the
ambulance service area agreement for Washington County. Through an extensive Cambridge
Consulting study beginning early in 2022, Clackamas County developed a tiered-response
approach; among other benefits, this could distinguish BLS from ALS calls. It would reserve the
dispatch of paramedics to calls where their skills are most needed. In their report, Cambridge
Consulting offered 21 recommendations for the County, of which several are key for Lake
Oswego. (1)A virtual consolidation of the county's dispatch centers (C-COM serving many areas
in the county, LOCOM, and AMR's own dispatch center). Now fully integrated, all can dispatch
resources on behalf of one another. (2)A pilot study for some transport services by the City itself.
Though AMR has not agreed to forego that element of the service it currently provides, they have
agreed to release about 40 hours of transport a week, designated only for transport. This will
enable Lake Oswego to plan and test the viability of operating one ambulance that responds only
within this community. About a year is anticipated for the study. (3) Analyzing the performance
metrics. This is to ensure that the right elements are being measured, with patient outcomes as
the basis, rather than meeting a time standard. With reduced use of lights and sirens for calls
related to BLS, the department anticipates about 20% less danger to the community from that
travel.
Mayor Buck expressed sincere appreciation to the Chief for the department's responsiveness to
community needs. That has been achieved through his collaborative work with the
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firefighter/paramedics and management team, making Lake Oswego a safer place. He inquired
about AMR staffing of ambulances, and the Chief indicated that it typically consists of an EMT
and a paramedic. Based on the nature of the call, e.g., cardiac arrest, transport may be handled
by a firefighter(s), while two or three paramedics work on life-preserving measures for the patient.
Councilor Rapf commended Chief Johnson for his continued forward-thinking approach in
leading the Fire Department. Considering the extent of news about opioids such as Fentanyl and
overdoses, he asked about the Department's response. About seven years earlier, an opioid-
reversal drug was placed in the hands of every police officer, and the firefighters have carried it
much longer. In order to preserve a life, the Department goal is to reach the scene and administer
the anti-opioid drug as quickly as possible. In some other cities, that is not the case. Lake
Oswego's behavioral health specialist now contacts the patient afterward, which allows the City
to deal with the aftermath much more effectively. There is still room for growth and for an
expanded role with the County.
Councilor Wendland applauded the Chief's efforts and direction in transforming the Department
effectively. He asked about opportunities expected in the next five to 10 years, so that current and
future City Councils can be considering ways to support them. With emergency medical calls
being 70% of the total, emergency medicine is an important focus, Chief Johnson emphasized.
While fire response will remain an ongoing priority, the Department must ensure that it continues
to evolve as a group by taking advantage of their leadership roles within the County. He
highlighted the County's excellent EMS system, with its collaboration and flow of ideas from all
levels. This, he reiterated, is expected to reduce the number of lights-and-siren responses. Other
initiatives should be explored, such as: (1) a proactive program to do follow-up checking on
vulnerable residents who may recently have been released from a hospital or (2) mobile
integrated health to enable forward-thinking approaches. Community paramedicine has a place
here. These and other measures would help Lake Oswegans to be safer, while reducing stress
on the entire system, as opposed to simply responding to a fall. In response to questions from
Councilor Wendland, the Chief advised how the proposed ambulance test limited to Lake
Oswego calls could work. He went on to clarify the prospect, sometime far into the future, of the
City dealing with the ambulances, instead of AMR. Operational efficiencies could be realized with
the ambulances dispatched where needed, as with other Department fire equipment, etc.
Councilor Mboup requested clarification of the staffing.With an ambulance, the Chief confirmed
that one paramedic was required, accompanied either by an EMT or by one or more other
paramedics. All Department paramedics would concurrently have EMT qualifications, as well.
Having personally observed two call responses within the past couple of years, Councilor Mboup
expressed his very positive impressions of the team's skills and effectiveness. He also asked
about the extent of drug use and overdoses in the community. The problem certainly is present,
though perhaps not as prevalent as in some other communities, the Chief noted. Overdose calls
are recorded in a database that helps to identify "hot spot" areas in the County, where resources
may be focused. While recognizing this as a larger societal problem that must be solved, he sees
the Department's role as responding quickly and saving a life. He expressed 100% confidence in
every paramedic on the team. In addition, he has opined that this department comprises the
kindest group of people he has worked in over 40 years' experience.
Mayor Buck asked if Fire Department staff's perceptions of their role had shifted over time.
Perhaps they had considered themselves first to be firefighters, and later, as firefighters who also
provided some medical support. Has it now transitioned to seeing themselves as paramedics who
also are firefighters? The Chief opined that their perception of the role is transitioning to a
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paramedic who fights fire. With decreased numbers of fires, they recognize the paramedic work
as the largest portion of the job now, while readiness on the fire aspects must still be maintained.
Mayor Buck thanked the Chief for his focus on diversifying the Department workforce by
implementing revised hiring practices. He asked about any financial assistance that the City
provides toward obtaining the paramedic certification. In a couple of instances over the past 18
months, education assistance has been provided; this also was offered in earlier years, the Chief
indicated. If the schooling conflicts with work hours at the Department, staffing may need to be
backfilled. The schooling is provided in Clackamas County, which allows them to return to the
station at night, with overtime paid as necessary. The program is fulltime for 14 to 18 months, with
payment of regular wage throughout.While disruptive to their lives, he is convinced of the benefits
to the City. Mayor Buck inquired about any training for Department responders to help identify
signs of elder abuse. All receive such training on an annual basis, the Chief advised. The
Department recently became the first in Oregon to implement a strangulation protocol, he added,
noting the strong predictive value of a strangulation as related to death rate. They have training
in related aspects of emergencies, integrated with Police.
Councilor Wendland noted the additional training on water rescue because of the community's
setting among bodies of water. He also asked about the Department's plans for dealing with
anticipated climate change effects, such as wildfires. Responding first on water rescue, the Chief
described the Fire Department's boat and dive teams, both of which can be deployed effectively
in rescue calls when dispatched for water emergencies in rivers or lakes. Those rescues, typically
not on Oswego Lake, total about 55 per year. Next, he highlighted the number of responses made
to wildfires and the apparatus used in those calls. There also may be several bodies recovered in
a season involving the dive team. As a source of pride, he reported that 100% of firefighters have
completed wildfire training. In about six deployments in 2022, City firefighters served in areas
ranging from northern California to locations across the state of Oregon. In terms of prevention,
wildland inspections will soon resume; these are expected to be a long-term proposition for the
team. Mayor Buck expressed Council's support for the Chief and Department in advancing
community safety.
9.2 Housing Needs Analysis Update and Housing Production Strategy(House Bill 2003)
PP 22-0005
Mr. Olson introduced Mr. Parish and Mr. Buckley, members of the City's consultant team on this
topic. Both had contributed to the draft documents for the Housing Needs Analysis work that will
be the primary focus of this study session: the Housing Capacity Analysis and the Buildable Lands
Inventory. These drafts would reflect input from other parties, and Council would be asked today
to provide additional input. After subsequent revisions to the drafts, these would be brought
forward to a public hearing, to be followed by adoption into the City's Comprehensive Plan
(Council Report— Executive Summary (p 2/63). Referring to accompanying slides (Presentation
Housing Needs Analysis and Housing Production Strategy), he outlined the presentation format
and then reviewed public engagement activities in recent weeks. Most recently, an online open
house had been implemented; Council members were encouraged to communicate the related
access information as necessary.
Mr. Parish explained his role in preparing the reports with Mr. Olson. As required by the State
(Presentation, p 6/32), cities prepare a periodic analysis of their current and future housing needs;
they then determine the available land supply, both within city limits and certain planning
boundaries. Based on comparison of both, deficiencies and other issues are identified, as well as
potential strategies to address them. The team anticipates having a full draft of the residential
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needs analysis by early summer. They will then move on to more precise analysis of the realities
"on the ground" and strategies to address the findings in the earlier analytical work (Presentation,
p 7/32).
Mr. Buckley advised that he would review the demand side of this housing analysis over the next
20 years and how a growth forecast was determined (Presentation, p 9/32). Considerable Census
data from 2020 was the most important source contributing to the Housing Needs Analysis.
Among many other sources, the key in this population forecast is a survey encompassing all cities
within Metro, including Lake Oswego. In accordance with State statute, that provides the projected
population 20 years from today. Given the challenges, the team is working hard to project the
Metro numbers and housing types that will be seen over the next 20 years. As to methodology,
likely measures could include current inventory and needs, among various other factors
(Presentation, p 10/32). However, today's housing stock, should not be presumed to meet the
needs applicable over that time; affordability and housing choice may also factor in. After the 20-
year housing need is established, it is distributed in terms of tenure, unit type, and income growth
(Presentation, p 11-12/32). He described the basis of the forecast data found in the current draft:
400 new residents (about 1% growth) and 1,817 households (about 10%). This is attributed to
their forecast of declining average household size, from 2.4 to 2.16 persons.
Ms. Bennett raised concerns about Metro's allocation among the 25 cities and unincorporated
areas in the regional population forecast. She questioned how those allocations were determined,
particularly because Lake Oswego's forecast appeared to be understated. How was the City to
develop a meaningful Housing Needs Analysis, based on such data? In ensuing discussion, she
recognized mixed effects:fewer housing units to be needed, but the continued crisis of insufficient
housing available at various income levels. Mr. Buckley acknowledged the very small population
growth, and described contributing factors, e.g., the fact that it dates from around 2018. He
understands that Metro will be generating a broader-level population forecast for the region;
reallocation among the cities may follow. Whatever is prescribed through the State-mandated
process,jurisdictions are required to use it. He agreed that the City's increase is very modest, but
that it was not binding on the community in any way. Though in one sense a lower growth forecast
may afford the City more flexibility, he and his colleagues have advised examination of all planning
and policy work for housing, regardless of this forecast. Going through that process will provide
an opportunity to review all other housing goals and policies, and will enable the community to
consider how it wishes to meet its goals. At the Mayor's request, Mr. Buckley and staff agreed
to provide Council with population-increase data for all Metro jurisdictions.
Next, he discussed a series of slides (Presentation, p 12-17/32) to illustrate various factors
impacting the higher number of households than population growth expected over the 20-year
period: income growth, commuting trends, current housing conditions, 20-year housing forecast.
This data shows that the City needs to meet both the needs of some current residents who are
paying over 30% of their income for housing, and is in addition to housing needs of the new
households. Councilor Rapf inquired about the source of the household-segment and income-
level data, which appear contradictory to reality. Mr. Buckley clarified that the definitions are set
county-wide each year by the State, based on the county's median income estimate. The average
household size is based on the actual Clackamas County median of four persons, as compared
to the 2.4 of Lake Oswego. These numbers did not make sense for this city nor any other city in
Oregon, Councilor Rapf contended. Referencing a final slide (Presentation, p 18/32), Mr.
Buckley observed that the private real estate market would continue to meet the housing needs
of some income groups, such as new single-family homes for higher Middle Income to Upper
Income households. It would be the lower-income households that may need other housing types,
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April 18, 2023
perhaps with some public or nonprofit subsidy assistance that makes the units affordable. Going
into the next stage of the process, it is important to note that some of those segments will require
strategizing and extra help not needed by others.
Thanking the team, Councilor Mboup expressed concerns about the questionable population
forecast and its effects. Ms. Bennett noted that the Portland State University estimate had been
low as compared to Census data, hence a possible factor in the Metro forecast. Council could,
however, find that the lower forecast offers more flexibility in deciding how much population can
be absorbed and in what housing types; this will allow more creativity in designing solutions that
are appropriate for the community. Councilor Mboup recognized the population trend as positive
and the report as a useful tool for planning work. Mayor Buck inquired about other ways the
population forecast is used, and Ms. Bennett advised that it is also used in planning related to
water, sewer, Stormwater Master Plan, and Parks Master Plan. The lower forecast concerns her
in terms of sizing infrastructure properly. A similar problem has been faced in other cities, e.g.,
Wilsonville, where their actual growth experience has far exceeded the regional forecast. Such
communities will be helpful partners in addressing this, she opined. Regarding the current
shortage of low-income housing being faced in Lake Oswego, her experience has been that Metro
is usually very accurate in forecasting at the regional level; it is at neighborhood and jurisdictional
levels that more variables are found. It will be important for the City to consult with Metro planners
for guidance on how to address that. Also, staff must work with the State to ensure that City
planning numbers are realistic for aspects such as water, transportation or Parks Master Plan.
Councilor Wendland raised two concerns: (1) The forecast of 2018 preceded the significant
population losses seen in Portland and Oregon as a whole; the 2018 data is likely not a reliable
basis for planning now. (2) The extent of households deemed eligible for public assistance
appears to include all in the Middle Income category. Mr. Olson reviewed the applicable slide (p
17/32), indicating that this segment would not necessarily require a "subsidy" as such. Instead,
their needs might be met with alternate housing types, e.g., townhouses. He next addressed
Mayor Buck's question about how the full ownership/rental breakdown was set: it was based on
the breakdown of income groups and estimated housing-cost pressures. That suggests there
might be more renters if more appropriate housing was available or, conversely, that there might
be a higher ownership rate with more entry-level buying opportunities, etc. Councilor Wendland
expressed a further concern about home-ownership data: Are the many seniors now with paid-off
homes but reduced income being considered? Mr. Olson acknowledged that, with today's high
market prices for housing, there are many people who may have a lesser or paid-off mortgage; in
fact, he believes this segment may comprise a majority of the Lake Oswego housing deemed
"affordable". Mayor Buck requested clarification of Figure 5.2 (Council Report, p 14/63),
specifically the cumulative 21.7% shown for full-ownership housing in the three lowest income
categories. After brief discussion, Mr. Buckley advised that the findings indicate a need for more
affordable housing, especially at lower income levels. Considering cost of living, the need may be
more acute in Lake Oswego than in other parts of the Metro area.
Mr. Parish next addressed the land base of Lake Oswego and how it might be used to address
the community's housing need. Reviewing the four steps involved (Presentation, p 21/32), he
discussed key considerations for the City. Step 1: Identify Residential Land (p 22-24). Land being
reviewed includes portions outside the city limits but within the UGB as they are considered part
of the City's planning purview. Prospective areas for residential use may include those with either
a residential or mixed-use Comprehensive Plan designation. Areas with some employment or
civic uses may also exclude residential development. Lands owned by HOAs or the City are
typically excluded, with certain exceptions, as are those considered strictly commercial or
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industrial. Step 2: Development Constraints (p 25/32). No development is allowed in areas with a
slope exceeding 25%, and areas in a flood plain are generally presumed not developable. Certain
City conservation areas have been reviewed with staff to identify portions that would be
developable, also shown on this map. For purposes of the analysis, lots with less than $20,000
of improvement value are considered vacant. Lots categorized as partially vacant are intended to
represent large lots, perhaps including some acreage, that might be expected to provide more
housing; this might be achieved with sub-division or flag lots. Since Lake Oswego has that kind
of development in various areas, the team developed assumptions about the potential number of
new single-family lots. Based on underlying zoning, potential lot sizes and home values were
calculated. A map shows the outcome of the calculations (p 27/32), indicating partially-vacant lots
of larger size where future infill could be feasible; developed lots and a few vacant lots are also
seen. To this point, the team has encountered responses from Planning Commission members
and other forum participants expressing doubt about viability of infill in some areas highlighted as
such. Step 4: Net Buildable Area (p 28/32). As the team proceeds with next steps, the net
buildable area will be projected. Set-asides of 20%for new streets and infrastructure will be made,
and zoning considerations have been applied in estimating the likely number of units in given
zones. Initial results, (p 29-30/32) considering only raw land, show about 1,400 units of capacity.
A next step will be to estimate and compare the number of multi-family dwellings, single-family
dwellings, and townhomes. A couple of other categories are being studied, as well. Additional
capacity is projected with the remaining 70 Marylhurst units, additional Middle Housing capacity
estimated at 410 units, and redevelopment on multi-family and mixed-use land to be determined.
In all, total unit capacity is currently estimated at 1,876 units. The opportunity for redevelopment
in the latter category was highlighted, including some possible office properties that might be
developed for future housing, such as unused parking lots. These lower-value lots may be more
likely than others to redevelop with multi-family units, subject to zoning. Additional considerations
such as income stratification and housing types remain to remain to be studied, he concluded.
Councilor Mboup inquired about sensitive lands in the context of constraints on development.
He expressed his conviction that the City would always be a good steward of those lands.
Councilor Wendland conveyed doubt about development possibilities for the City, despite the
infill and conversions of existing houses that are seen. Only small lots appear available, other
than in Foothills. Additionally, areas such as Birdshill would not accommodate a $50 million
project. His believes various builders will approach individual property owners with offers to buy.
The issue will become: How can the City legislate or implement policy to require that?
Reminding Council members of the five additional types of housing now allowed throughout the
city, Mr. Olson recognized the uncertainty about the location and market for middle housing. In
relation to capacity, the zoning theoretically could accommodate significantly more units
throughout all single-family neighborhoods. The State has offered jurisdictions many different
approaches to consider, depending on their goals. Some options are focused on specific
affordable-housing incentives, while others may offer options for locations on the urban/rural
fringe, for example. In the case of Lake Oswego, there is clearly no large site available for
development of affordable housing. Creative approaches will be needed, and numerous ones can
help to reach the goals. Once the discussion of housing-production strategies begins, it will be
apparent that certain incentives can be promoted to set desired targets. Middle housing
outcomes, he reiterated, are difficult to predict, but there are many effective ways to achieve the
goals.
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April 18, 2023
Mayor Buck pointed out a map that shows a large amount of unidentified capacity. He suggested
the need to identify where the market will move in terms of middle housing, for purposes of
planning infrastructure and capacity expansion. Other areas, such as those unlikely to redevelop
soon, should not be a focus for achieving increased density. Instead, areas should be identified
where there is new middle housing currently being added; examples may be the downtown area
and the town centers, and neighborhoods surrounding the Lake Grove town center. Once
identified, middle housing can be encouraged or planned for such areas. They can also be
considered in conjunction with other Comprehensive Plan elements and sustainability goals. Ms.
Bennett reiterated her view that the report represents good news. With a difference of only 100
units between forecast demand and forecast need, flexibility can be allowed in the choice of tools
employed. Radical change should not be required to reach the goal. Despite the small growth
projection, Mayor Buck noted that Council's goal is to plan for growth and change, and a map
that identifies where it is desired will help to find best locations for services and infrastructure. Mr.
Olson suggested this may be explored more deeply as the work proceeds. With capacity
determined, middle housing and optimum locations can be identified.
Councilor Wendland recognized the challenges of finding private land for redevelopment, but
does not believe it is the role of City Council members to seek out potential sellers or donors. It is
unfortunate that the community is largely built out, but the situation is better than being required
to build a larger number of units.
Councilor Afghan observed that, as the Planning Commission liaison, he had reviewed the full
report. He commended Mr. Olson and his team, MIG, and all Commissioners for their great
success in condensing the voluminous report into a format that enables Council discussion and
understanding. He concurs with the City Manager that the report conveys good news in that the
City will not be unduly constrained. The conclusion, he predicts, will call for both single-and multi-
family dwellings. The single-family development will continue because it makes financial sense
for developers. The question will be how to foster multi-family middle/affordable housing
development with the general contractors and developers. To succeed in this, the City must create
an incentive(s) for them to do so. Multi-million-dollar houses are coming in, but what strategies
can effectively bring affordable and middle housing to the community? Much of this will come in
the next phase of the process, Mayor Buck indicated. Councilor Afghan concurred. Much as
Council may challenge the data leading to the conclusion, he considers it clear that the two types
of housing are needed in the city.
Mr. Olson reminded Council that House Bill 2003 not only required cities to produce the Housing
Needs Analysis and Housing Production Strategy reports, but established a six-year cycle in
which cities revisit these documents. If some data does not appear satisfactory at that point, there
may be an opportunity to make corrections. Additionally, there is some potential for a different
approach to making projections, perhaps sourced more from the State. An alternative to the Metro
projection would be welcome in six years, he added.
Mayor Buck expressed special appreciation to the Housing Production Strategy Task Force for
previewing the foregoing presentation and offering feedback. Suggestions included (1) providing
a better understanding of the demographics of the commuter workforce and (2) incorporating
community racial demographics into the Housing Needs Analysis, so as to better understand the
impact housing policy choices will have on efforts to create a more racially-diverse community.
Mr. Olson added that the Task Force also wished to learn more about some of the unincorporated
areas in terms of their residents. This would enable better matching with the Buildable Lands
Inventory, which encompasses the entire UGB area. Finally, Mayor Buck asked how population
City Council Regular Meeting Minutes Page 14 of 15
April 18, 2023
growth was defined for the city, i.e., if it was limited to population gained through annexations. Mr.
Buckley advised that this has been a subject of discussion with Metro about clarifying elements
of their forecasts. They are awaiting a response from Metro. Ms. Bennett acknowledged that it is
a confusing matter, but that it does help to understand that the source is the urban growth report
of 2018. The study session ended with the Mayor's thanks to Mr. Parish and Mr. Buckley for their
participation.
10. INFORMATION FROM COUNCIL
Mayor Buck provided updates on his attendance at recent activities of several groups:
(1)Sustainability Advisory Board meeting on April 17: Discussion of progress and plans regarding
gas-powered lawn equipment usage and the need to provide that information to City Council.
(2)Youth Leadership Council (YLC) participation in the Sustainability Resource Fair over April 15
weekend. YLC members offered a bingo activity for young children and a contest promoting
sustainability. Recognition of Lake Oswego Sustainability Network for coordinating the Fair.
(3) Lake Oswego-Tigard Water Partnership meeting on April 17. With Councilor Corrigan, learned
about EPA's nationwide lead and copper testing program. Findings indicating no lead pipes in
Lake Oswego and Tigard. Several related background items confirming high water quality.
(4) Clackamas County Coordinating Committee meeting. Discussion of Statewide Transportation
Improvement Program and four-year cycle for State transportation funding. Lake Oswego listed
as one of local governments to receive project funding (for traffic lights on Highway 43).
11. REPORTS OF OFFICERS
No reports were provided.
12. ADJOURNMENT
Mayor Buck adjourned the meeting at 7:05 p.m.
Respectfully submitted,
Kari Linder, City Recorder
Approved by the City Council on June 6, 2023.
Joseph Buck, Mayor
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April 18, 2023