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Approved Minutes - 2023-11-21 \)L E 0 ° )1\ CITY COUNCIL REGULAR MEETING MINUTES O November 21, 2023 1. CALL TO ORDER, CITY COUNCIL Mayor Buck called the regular City Council meeting to order at 3:04 p.m. on Tuesday, November 21, 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, Councilors Corrigan, Wendland (via video conferencing), Mboup, Verdick (arrived at 3:08 p.m.), Rapf, Afghan Staff Present: Martha Bennett, City Manager; Ellen Osoinach, City Attorney; Kari Linder, City Recorder; Quin Brunner, Management Analyst; Sonja Johnson, Associate Engineer; Erica Rooney, City Engineer I Public Works Director; Kyra Haggart, Park Analyst I Project Manager; Ivan Anderholm, Parks and Recreation Director; Shawn Cross, Finance Director; Evan Boone, Deputy City Attorney 3. PLEDGE OF ALLEGIANCE Mayor Buck led the Council in the Pledge of Allegiance. 4. PUBLIC COMMENT No public comment was provided. 5. CONSENT AGENDA 5.1 Approval of Meeting Minutes. October 3, 2023, Draft Regular Meeting Minutes October 17, 2023, Draft Regular Meeting Minutes City Council Regular Meeting Minutes Page 1 of 12 November 21, 2023 5.2 Ordinance 2937, An Ordinance of the Lake Oswego City Council Clarifying, Revising, and Updating LOC 10.02.050 (Severability); LOC 38.16.170 (Utility Code — Discontinuation of Service), LOC 38.18.305 (Utility Code — Connection Required), LOC 39.06.081 (System Development Charge Connection), LOC 42.03.130 (Access Spacing and Sight Distance for Roadway Intersections), LOC 42.03.131 (Clear Sight Triangle), and LOC 42.08.410 (Sidewalks); and Adding New LOC 38.18.308 (Sewer Laterals) and 38.18.320 (Sewer Line Inspection). 5.3 Resolution 23-40, A Resolution of the City Council of the City of Lake Oswego Authorizing a Second Lease Modification Agreement for the Police Training and Evidence Storage Space. END CONSENT AGENDA Councilor Mboup moved to adopt the consent agenda. Councilor Wendland seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Corrigan, Wendland, Mboup, Rapf, and Afghan voting `aye', (6-0). 6. ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 7. CONSENT AGENDA— Councilor Only 7.1 Resolution 23-42, A Resolution of the City Councilors of the City of Lake Oswego Approving the Appointments to the Parks, Recreation and Natural Resources Advisory Board and the 50+ Advisory Board. Councilor Wendland moved to adopt Resolution 23-42. Councilor Corrigan seconded the motion. A voice vote was held, and the motion passed, with Councilors Wendland, Mboup, Rapf, Afghan, Corrigan voting `aye', and Mayor Buck abstained (5-0-1). 8. COUNCIL BUSINESS 8.1 Ordinance 2941, An Ordinance of the City Council of the City of Lake Oswego Amending LOC Chapter 12.50 and 12.51 (Advisory Boards, Committees and Commissions). Quin Brunner, Management Analyst, presented the Council Report, via PowerPoint, providing a high-level summary of proposed changes to the City's Code designed to strengthen the structure of the City's 10 boards and commissions so they functioned as one coherent program. The presentation reviewed the background and scope of the Code amendments and proposed changes to the Development Review Commission (DRC) and Library Advisory Board (LAB) City Council Regular Meeting Minutes Page 2 of 12 November 21, 2023 eligibility, youth eligibility and youth distribution, schedule alignment, attendance changes, clarifying language for the Parks, Recreation, and Natural Resources Advisory Board (PARKS), and the dissolution of the Tourism Advisory Committee (TAC). Staff noted no modifications were proposed to the functional charge of the boards or their relationships with the City Council. Staff responded to clarifying questions from Council as follows: • The proposed attendance changes eliminated the distinction between excused and unexcused absences. Members of the Planning Commission (PC) and the DRC, who met 20 to 24 times a year,would be allowed a few more absences under the proposed changes than members of boards that met 11 to 12 times a year. • Ultimately, if a member of a board or commission had more than the allowed number of absences, it was up to City Council to remove the member. There were specific circumstances for the Planning Commission and DRC because those were State required bodies. For advisory boards, the Staff liaison would initiate a vote to remove the member at the advisory board meeting. If members would like to go forward with the removal, they would make a recommendation to City Council, which would then have the ability to move the removal forward. • Lake Oswego was a friendly city and wanted to be cognizant of the needs of all its board members and their life circumstances. Boards would retain the discretion to keep members on who were active and contributing, but maybe going through a moment in their life where they were not able to show up in the way they needed to. What was proposed was Code guidance to provide a standard set of expectations. • Members were eligible to serve as chairs for two consecutive years. The proposed change would prohibit a member from serving as the chair of a board or commission in the year they were up for reappointment to the Board. Mayor Buck thanked Mr. Brunner for the report and all the members of the community who served on Lake Oswego's boards and commission. The proposed changes had nothing to do with members of the boards and commissions themselves, who did a wonderful job serving the community. The amount of work community members put into volunteering was impressive. Councilor Wendland understood the strategy for members to hear Council goals and then work on the goals was a shift from the City's previous practice and asked if that was a practice incorporated in Code. Mr. Brunner replied the Council would hear more from Madison Thesing, Assistant City Manager, and himself in the coming weeks about the new practice, which was developed with Staff liaisons in order to ensure Council heard input from boards and commissions before Council engaged in goal setting while still allowing City Council space to set clear direction for the City. Advisory board members would then be able to draw from the Council when setting their goals for the year. The practice was not something that needed to be set in Code, and it could be changed depending on the needs of the boards and of Council. Councilor Mboup moved to enact Ordinance 2941. Councilor Verdick seconded the motion. A voice vote was held, and the motion passed,with Mayor Buck and Councilors Wendland, Mboup, Verdick, Rapf, Afghan, and Corrigan voting `aye', (7-0). City Council Regular Meeting Minutes Page 3 of 12 November 21, 2023 8.2 Ordinance 2942, An Ordinance of the City Council of the City of Lake Oswego Amending LOC Chapter 38.25 (Stormwater Management), Establishing a Commercial and Industrial Stormwater Inspection Program. Sonja Johnson, Associate Engineer, presented the Council Report via PowerPoint, providing background on the State-required Commercial and Industrial Stormwater Program, a summary of public outreach and feedback, details of the inspection process, and a review of the implementation timeline. Councilor Wendland asked for an example of the type of business that would be subject to the program. Ms. Johnson replied that the City would look at total maximum daily loads (TMDLs) for mercury, phosphorus, and dissolved oxygen, which would involve any business handling nitrate. The non-regulated tier could include a business with non-contained open bags, though Staff had not done any screening to determine the kinds or names of specific businesses. Councilor Wendland replied it was difficult to approve an ordinance when he was not sure what businesses the ordinance would affect, though he understood there were specific businesses unique to the conditions DEQ had and could possibly include a dry cleaning or paint store. Ms. Johnson said the City would be interested in anything that would violate a water quality standard or cause the City to exceed TMDLs, which could include businesses that worked with a lot of soil, nutrients, concrete, or acids and bases. Solvents would be covered under the regulated community. The ordinance would affect a small percentage of the businesses in Lake Oswego. Councilor Wendland asked if the ordinance have any impact on the City budget. Ms. Johnson replied the program for the permit had been in the books in one shape or form since the late 1990s. Councilor Wendland understood the Staff would now be doing inspections which meant the City was allocating resources to a new task and asked if there was any fiscal impact. Erica Rooney, City Engineer I Public Works Director responded the immediate fiscal impact was zero and no employees would be added to handle the program. Regulations did seem to increase over time which may mean that eventually there would be a need to reallocate Staff to help Ms. Johnson with the program. A big focus in the beginning would be about education as opposed to hardcore enforcement. Enforcement would be reserved for extremely serious violations and egregious activities, which were not anticipated. Right now, Staff needed an assessment to determine how large the program would be, but it was probably a small percentage of the properties the City sent letters to, and the program's workload would be absorbed by current Staff. Councilor Afghan asked if there was a specific guideline or checklist the City would inspect against or was the inspection was subjective and based upon the experience of the inspector. Ms. Johnson replied the inspection was not subjective and a policies and procedures booklet was available via the City's website. The program looked at outside materials storage for tidiness and spillage. She had experience with types of industrial/commercial inspections in the past. Councilor Mboup asked if the program was similar to the fats, oils, and greases (FOG) program. Ms. Johnson replied that unlike the FOG program, this program did not involve Staff entering buildings. Staff would primarily stay outside of the businesses, unless they had some reason to believe there was a reason to go in. Ms. Rooney clarified FOG was related to the sewers while City Council Regular Meeting Minutes Page 4 of 12 November 21, 2023 this program was sought to ensure materials on the exteriors of buildings were prevented from spilling into the stormwater system. Mayor Buck asked if there was a violation threshold that would force businesses to start making capital improvements as a result of the inspections. Ms. Johnson said they were not expecting anything capital improvement wise to come out of this program. Very rarely, the City had to ensure improvements were made after inspections found violations at private stormwater facilities, but those situations were unusual. This program was meant to ensure materials like copper or zinc did not spill into the stormwater system and cause the City to exceed the copper requirements of the stormwater permits. If an inspection found a situation where a business stored uncovered materials, the inspector would ask the business to build a cover for the waste storage. In cases where it was not possible to remedy the situation within the 30 days, the City would ask the business to provide a schedule and then ensure the work was done. The program was an educational program, but if a business was worried about whether it would pass the inspection, it could contact Eco-Biz, a company funded by the DEQ and DEC, which would visit the business prior to inspection and walk through environmentally correct practices. Mayor Buck asked if the online manual Ms. Johnson referred to walk businesses through the inspection in an easy-to-understand way and was straightforward in what was required to comply with the regulations. Ms. Johnson said the manual was not step-by-step. The permit required the City to address specific aspects of an inspection program and the document online walked a business through those aspects. It did not walk the business through the actual inspection, though there was a form in the very back that showed the areas Staff would focus on. Mayor Buck asked how Staff would address buildings without asbuilts. Ms. Johnson responded that most buildings had building plans, even if the building lacked an asbuilt. In cases of older buildings, without an asbuilt or a building plan, it may take a couple of hours to walk through the entire property and determine the location of catch basins and stormwater facilities. Staff would also use the City's GIS and historical records. The process would be longer without an asbuilt or building plan, but it was not the end of the world. Mayor Buck understood the City had been required to do the program for decades but before these operational changes had not actually been conduction the inspections. Ms. Johnson said program had been ad hoc. There had been some inspections over the years, but there had never been anything coherent. Mayor Buck commented that it sounded like part of the strategy was doing some scoping work. Ms. Bennett noted Council concerns about what kind of businesses would be affected, and suggested it could include lawn care businesses, garden stores and the City's own maintenance yard were examples that that stored regulated materials outside that posed a risk of spillage into the stormwater system when it rained. Staff could return to the Council in the spring when a list of businesses was compiled but she hesitated to have Council wait on the ordinance because the City needed the program to comply with DEQ regulations. Providing a list of identified businesses could provide the Council with a greater degree of comfort about what businesses were most likely to be impacted. Ms. Rooney said Staff could come back with a list of impacted businesses. The City had sent out 1300 letters and expected the number of affected businesses to be far fewer. The program would not affect mom and pop yarn shops or trucks parked in the street, unless the truck's oil pan continuously dripped into the storm drain, City Council Regular Meeting Minutes Page 5 of 12 November 21, 2023 which would be an issue regardless of this program. It may impact grocery stores that store materials outside, but some of the larger places were already aware of the issues and businesses that had toxics and hazards were regulated and knew about a lot of the issues so the items in the inspection would not be a surprise. Councilor Wendland asked if there were metrics to measure efficacy. Ms. Johnson said the permit required the City to inform DEQ of how many businesses had been inspected and provide a summary of inspections, so the program had a very broad scope and did not require details. Part of the Code changes prompted the City to ask businesses for tenant information and several had already called the City to provide the relevant information though it was not required until next spring. Staff had had some very positive feedback about the program. Councilor Wendland asked if Ms. Johnson felt the City would be able to implement the program and if it would serve the best interests of the city. Ms. Johnson believed the program would serve the best interests of the City. Currently, if a business accidentally discharged something into the stormwater system, it was an illicit discharge and was a violation that came with a fine and a confrontational meeting with City Staff. With this inspection program, the City would be educating people. In that way, the program was proactive, and not regulatory. If the Council did not pass the ordinance, the City would be in violation of its permit and would be in a position of a confrontational meeting anytime something happened. Councilor Mboup asked what would happen if the Council did not pass the ordinance. Ms. Rooney replied that if the changes were not made to Code, the City would still make annual reports to DEQ about the programs and if the changes were not made, it was a red flag to DEQ. She did not want to speculate on what that could mean. The changes worked towards the goal of better stormwater and the main focus was really about educating people so they did the right things and hopefully avoided illicit discharges. The City was not making money from the program or taking people to court, and it would not affect a huge number of properties. If the program was conducted in a positive manner, then over time people would learn to do things better and take better care of the environment. The program was not punitive but educative. Councilor Afghan asked if there was an escalation path a business could take to express disagreement with the City. Ms. Johnson said there was an escalation path because the DEQ required one. Ultimately, it was an educational program but if a business owner disagreed with the things the report said it they needed to do, the City would ask why and ask Eco-Biz to come on site and to see if Eco-Biz agreed with the City or with the business owner. In private stormwater facility inspections, things did not usually get to that point. Businesses were either doing the right things to avoid spills or they were not; there was not a lot of great area. Councilor Afghan asked if the escalation path would go through DEQ. Ms. Rooney replied that everything was reported to DEQ in the annual report and the City was the steward of DEQ in this case; it was implementing the rules and regulations for DEQ. Councilor Afghan said the intent of his question was to ensure the City was not penalizing businesses for being disorganized, but he recognized businesses should be penalized for violating the rules and putting unhealthy things in the ground. Mayor Buck said the program was an opportunity to interact with the community and business owners and build trust with them. In the regulatory environment, there was a right way to build trust and a way that went too far and started to cross over the level of reasonableness and effectiveness. Council members did see the importance of the program and the reasons behind City Council Regular Meeting Minutes Page 6 of 12 November 21, 2023 it, and it was good for Councilors, most of whom were members of the business community, to understand the program so they could help spread the word and provide understanding. Ms. Bennett's suggestion to come back in the spring and help the Council understand the scope of the program more would be helpful. He reiterated the Council understood the importance of the program but added any sort of regulation weighed heavily and the Council wanted to be sure it was exercising regulation in a responsible and judicious way. Councilor Wendland moved to enact Ordinance 2942. Councilor Verdick seconded the motion. A voice vote was held, and the motion passed,with Mayor Buck and Councilors Wendland, Mboup, Verdick, Rapf, Afghan, and Corrigan voting `aye', (7-0). 8.3 WO 307.1, Rassekh Park Phase 1 Public Restroom Company Cooperative Procurement Contract. Kyra Haggart, Park Analyst I Project Manager, presented the Council Report, via PowerPoint, providing contract details for the purchase of the restroom building at Rassekh Park, highlighting items included in the price for the four-stall, gender neutral restroom, and noting the price was consistent with other restrooms the City had installed in purchase in the past few years, both manufactured and site built. The presentation included several photographs to show construction progress at the park. Councilor Verdick asked about the roofing material. Ms. Haggart replied the roof system was a metal, standing vertical seam roof in a black finish with wood on the underside, similar to the example photos shown in the presentation. All finishings were selected knowing needed to be resistant to weather and damage and to ensure it was a high-quality product that would last a long time. Councilor Rapf asked if Staff had considered adding color to the bathroom walls to make the walls more exciting, perhaps with sports-themed murals or art. Ms. Haggart replied the City was purchasing the restroom through a cooperative purchasing agreement, Source Well, and so the restroom was premanufactured and delivered as is. Staff had not yet explored art installation at Rassekh Park. Councilor Rapf added it was not something that had to happen immediately. Art could be added in the future. Ms. Bennett said there would be money for art for Rassekh Park. Ivan Anderholm, Parks and Recreation Director, clarified the budget for arts was insignificant after first phase deductions so the 1.5 percent for art related to Rassekh was combined with the LORAC project and golf course renovation; artwork would be installed associated with those projects. There was the possibility to consider artwork for the restroom buildings in the future. For now, the color and material palettes used in the project were consistent with those at other city parks, including George Rogers, East Waluga, and West Lake. The structures typically had raised seamed black roofs and a grayish-blue color scheme with dark accents. Ms. Bennett added that the Arts Council was considering functional arts as part of its draft Master Plan, which could include the opportunity for art on things like restroom buildings or trashcans or utility boxes. Staff could raise the idea with them and ask for pricing of a mural on restroom walls. Councilor Rapf commented a mural would be consistent with the vision of Rassekh as a next generation recreation space. City Council Regular Meeting Minutes Page 7 of 12 November 21, 2023 Councilor Afghan asked if the restroom would be built offsite. Ms. Haggart confirmed the City was purchasing the restroom through Source Well in a cooperative purchase agreement, so the City was receiving a discount on the price of the overall building. The manufacturer went through a solicitation process with Source Well, which was an interstate purchasing cooperative. It would be manufactured by them, fixtures and fittings would be installed before it went through a building inspection, and then the building would be delivered to the site and offloaded before it was hooked up to utilities. She confirmed it would be a concrete masonry unit and there would be a drinking fountain in the vicinity of the restroom. Councilor Afghan asked if the cost was inclusive of everything or if there was an additional cost for underground utilities. Ms. Haggart explained that because Rassekh was essentially a greenfield site, it did not have any infrastructure/utilities on it at all and there was a cost to extend water and sewer to the site. The contractor was working on extending sewer to the site, and that price was included in the contract the City Council approved in June. Councilor Wendland stated the price of the bathroom was outrageous, though he understood it was the government market. Councilor Rapf said the Council needed to stand up to bids and be tough negotiators. Councilor Mboup agreed the price tag seemed high and could buy a house in some parts of Oregon. He asked for more information regarding the cooperative purchasing agreement. Ms. Haggart replied that an interstate cooperative purchasing agreement was where an agency, in this case Montana-based Source Well, went through a procurement process, put out a request for proposals so companies from across the nation could submit proposals to be a supplier of restroom and shower facilities. Companies submitted their proposals to manufacture the products and gave a six percent discount to local government agencies who would like to purchase them through this cooperative purchase agreement. Mayor Buck asked if offering the discount was what made the company part of the cooperative purchase agreement. Ms. Haggart responded that Source Well advertised for proposals and companies could submit proposals just as they would if the City had advertised for proposals. Because it was a cooperative purchase agency, companies offered discounts to local government. Ms. Bennett asked Director Anderholm to comment on the price. Mr. Anderholm replied that the most recently constructed on-site restroom was at Mountain Park, which cost approximately $380,000 for a two-stall restroom with a slight overhang for parking.The lower restroom at George Rogers was replaced with a unit from a different manufacturer for $340,000 to $380,000. The price did seem high, but Staff research had determined there was no other delivery method that would be more financially affordable. There was a difference between park restrooms and building a bathroom in a home. The park restroom was built as an outdoor environment and was expected to receive more than 100,000 uses per year. The City anticipated the restroom to last between 30 and 50 years, based on the previous restrooms the City had replaced in its parks, and at that time no structural issues were expected. The buildings were made with highly resilient materials, including the single-shed slant roof required by the DRC, and were manufactured in Oregon to the highest building grade and inspected in the facility before being delivered. Resilient outdoor restrooms came at a premium price, much higher than any type of residential or even some commercial/industrial buildings. City Council Regular Meeting Minutes Page 8 of 12 November 21, 2023 Mayor Buck confirmed there would be a water fountain and dog bowl in the vicinity of the restroom, and asked if cameras would be installed. Mr. Anderholm said cameras were expected to be installed and the City had installed cameras on the exterior of the restroom at other facilities because parks were not closed at night and since Covid, there had been an uptick in people targeting restroom facilities to do damage. The facility would have cameras and Staff worked closely with the police department. Ms. Haggart confirmed the restrooms would Mr. Anderholm said the restroom included four stalls based on anticipated overall use of the park at full buildout of the park. Four stalls were the appropriate size and similar to other parks such as East Waluga,where the restrooms had four stalls and served two baseball fields, a playground, and a shelter. Mayor Buck confirmed the sewer line would be run under the Pecan Creek and the natural area would be restored following installation. Councilor Afghan asked if the two most recently built restroom facilities were constructed via the traditional design, bid, build process. Mr. Anderholm replied the facility at Iron Mountain was traditional design/bid/build while those at George Rogers and East Waluga were purchased through procurement through cooperative procurement process, though manufactured by a different manufacturer from Oregon. Councilor Afghan confirmed the cooperative process went out to bid and was not single sourcing. Director Anderholm added the cooperative process meant the design had to meet a high standard because many of the cooperatives were multi-state and the design met the building code of all the states so the manufacturer had to assure the cooperative purchasing conglomerate that it would meet those standards. The price was competitive when there were multiple bids. Councilor Afghan commented that if the facility was comparable to Iron Mountain, the price was better because there were four stalls. He suggested the Council had to recalibrate its opinions on construction costs because prices had escalated but the bidding process kept the cost down. Councilor Wendland moved to authorize the City Manager to sign a cooperative procurement contract with The Public Restroom Company. Councilor Mboup seconded the motion. Councilor Rapf said other parks around Oregon had nothing compared to the facilities in Lake Oswego. The public restrooms in Lake Oswego were a statement, and the City offered high- quality amenities. A voice vote was held, and the motion passed,with Mayor Buck and Councilors Wendland, Mboup, Verdick, Rapf, Afghan, and Corrigan voting `aye', (7-0). Council took a break from 4:32 p.m. to 4:41 p.m. 9. STUDY SESSION 9.1 2024 Master Fees and Charges. Shawn Cross, Finance Director, presented, via PowerPoint, the annual review of the City's Master Fees and Charges, highlighting the general indices used for indexing of different costs, reviewing the five-year fund balance forecast of utilities, and summarizing the estimated impact of fees to consumer bills. The fees would be brought back before Council for adoption on December 5. City Council Regular Meeting Minutes Page 9 of 12 November 21, 2023 Staff responded to clarifying questions from Council as follows: • The numbers were based on the CIP approved with the budget for 23-24, 24-25 and the annual budget and capital figures was approved in the CIP. • The figures shown for sewers were basically contingency and would cover sewer repairs. • Water figures were annual numbers for 1.4 million units. Mayor Buck confirmed the figures showed that even with more dwelling units, the city was using less water. Ellen Osoinach, City Attorney, continued the presentation and reviewed the increase in electronic discovery fees, providing background and context for changes in the City Attorney's office responsible for changes in cost of fees. Councilor Verdick asked if the fees were in line with what other cities were charging. Ms. Osoinach noted both the practice and the fees were consistent with other municipal courts and as well as Clackamas County Circuit Court. Councilor Corrigan noted the tree enforcement fee for someone who carelessly killed a tree seemed low and asked the Council to consider increasing the fines for trees that had already been permitted and then were ignored. She believed when the city agreed on something it should be enforced. Mayor Buck agreed and wondered if it was something the Council could look at as part of the Urban and Community Forest update. Ms. Bennett stated that after the Urban and Community Forestry plan, the Council would take up any necessary revisions to the Tree Code and other tree-related processes, which would be important to consider in the context of the overall tree regulations. Staff would make sure it was a policy topic the Council received back when it got to that step. She understood the Councilor's concern the fee was too low to create an incentive for people to take care of trees but if the fee were to change now, the number could be arbitrary. Any discussion should be part of the Council's overall policy and approach. Mayor Buck asked for an explanation of the $1 parking stall fee listed on page 20 of the redline. Ms. Bennett suggested the fee may have been created for times someone wanted exclusive use of a parking spot for a private commercial purpose, but Staff would research the fee and return to Council with an explanation. Councilor Wendland asked if there was any citizen feedback in general about fees they felt were out of line. Ms. Bennett replied that complaints about fees were not common, but most frequently were about base charges for utilities and that base charges were relatively high versus consumption charges. There were not many complaints about fees because the fees were indexed and planned ahead. Mayor Buck noted that page 18 of the redline version listing the franchise fees said that the ordinance had expired for PGE, Republic Services, and Ziply Fiber but Republic had been updated. Mr. Cross replied Staff was currently working with PGE and the report had likely come out before Republic was updated. Councilor Wendland asked how the City sewer and street fees compared with other municipalities. Mr. Cross said the street fee had gone up in the last cycle and some cities did not have a street fee. 10. PUBLIC HEARING City Council Regular Meeting Minutes Page 10 of 12 November 21, 2023 10.1 Resolution 23-41, A Resolution of the Lake Oswego City Council Amending Lake Oswego Public Contract Rule 46-109 (Definitions), Regarding Applicability of the Rules to the Lake Oswego Redevelopment Agency, and Rule 46-0125 (Public Contracting Officer's Policies and Guidelines) to Increase Contracting Opportunities for Firms Certified by the State Certification Office for Business Inclusion and Diversity (COBID) to Include Veteran-Owned Businesses. Ellen Osoinach, City Attorney, reviewed the public hearing procedure for the legislative decision and asked if any Council wished to declare a conflict of interest. None were heard. Evan Boone, Deputy City Attorney, presented the Council Report, providing background for the Resolution and highlighting the applicable state contracting laws and administrative rules. Mayor Buck opened the public hearing, confirmed there was no public testimony, and closed the public hearing. Councilor Corrigan moved to adopt Resolution 23-41. Councilor Wendland seconded the motion. A voice vote was held, and the motion passed,with Mayor Buck and Councilors Wendland, Mboup, Verdick, Rapf, Afghan, and Corrigan voting `aye', (7-0). 11. INFORMATION FROM COUNCIL Mayor Buck thanked the School Board for affirming their participation in the city's Vertical Housing Development Zone at their meeting last night. First and second graders at local elementary schools had visited City Hall along with the Police Station, Fire Station, and library over the past couple of days. He thanked Staff for putting the tours together. The Christmas Tree lighting would take place at Millennium Park on Friday. Councilor Rapf said a member of the public had stopped him to tell him how amazing the City Staff was and how helpful they were. 12. REPORTS OF OFFICERS City Manager Bennett reminded those present the City offices would be closed on Thursday and Friday. The tree lighting would go from 3 in the afternoon to 7 at night. The event was an amazing extravaganza, and the City appreciated its partnership with the Chamber. Councilors were asked for their comments on the Metro Regional Solid Waste System Plan. Staff planned on informing Metro that the City cared about access to services for Lake Oswego residents, specifically self-haul and household hazardous waste collection services, along with rate transparency, affordability, and management. In the past couple of years, solid waste tip fees and excise tax had increased substantially. Councilor Wendland suggested the City comment that more substations were needed within the 20-mile distance so residents would not be tempted to throw things in the trash instead of being environmentally friendly. Ms. Bennett agreed and noted the Recycling Modernization Act would increase the number of things people were encouraged to recycle, and the City wanted people to dispose of things properly so it would comment about the 20-mile distance. City Council Regular Meeting Minutes Page 11 of 12 November 21, 2023 Staff asked for feedback on a letter for the Mayor to sign asking for the County Board to right-size the Library District Advisory Committee and stay inside the scope of things the Committee was supposed to manage, reducing the amount of time and resources spent for meetings. Councilors and staff discussed PGE's approved 17 percent rate hike and suggested the hike was approved without much warning or public outreach. Ms. Bennett suggested staff research the process of rate approval. 13. ADJOURNMENT, CITY COUNCIL Mayor Buck adjourned the City Council meeting at 5:17 p.m. Respectfully submitted, 14k5,t-)t‘bp Kari Linder, City Recorder Approved by the City Council on December 19, 2023. Joseph . Buck, Mayor City Council Regular Meeting Minutes Page 12 of 12 November 21, 2023