Agenda Packet - 2024-02-20503-534-4225 380 A AVENUE PO BOX 369 LAKE OSWEG O, OR 97034 WWW.LAKEOSWEGO.CITY
AGENDA
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING
Tuesday, February 20, 2024
3:00 p.m.
City Hall Council Chamber - 3rd Floor
380 A Avenue, Lake Oswego, OR 97034
Staff Contact: Kari Linder, CityRecorder@lakeoswego.city
Virtual Access
This meeting will be held in
person. To participate remotely,
please email the City Recorder by
noon the day of the meeting.
ADA Accommodation Requests
lakeoswego.city/accommodation
503-635-0282; Relay 711
Please allow four business days to
process your request.
Translation Services
Traducción o interpretación
翻译或传译
통역혹은번역
503-534-5738
This meeting will be livestreamed on the City's YouTube Channel and at lakeoswego.city. The meeting will also
be broadcasted live on Tualatin Valley Community TV; check tvctv.org for details.
1.CALL TO ORDER, REDEVELOPMENT AGENCY (LORA)
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE
4.BOARD BUSINESS
4.1 Urban Renewal Plans and Foothills Area Update.
4.2 Approval of LORA Meeting Minutes.
November 7, 2023, Draft Regular LORA Meeting Minutes
November 21, 2023, Draft Regular LORA Meeting Minutes
Motion: Move to approve the LORA meeting minutes as written.
5.ADJOURNMENT, REDEVELOPMENT AGENCY (LORA)
6.CALL TO ORDER, CITY COUNCIL
Page 2
503-534-4225 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
7.PUBLIC COMMENT
The purpose of Public Comment is to allow community members to present information or raise an
issue regarding items not on the agenda or regarding agenda items that do not include a public
hearing. A time limit of three minutes per individual shall apply. Public Comment will not exceed
thirty minutes in total, unless changed by the Mayor. If you are unable to attend the meeting and
prefer to provide public comment in writing, by phone or electronically, please email the City
Recorder by noon the day of the meeting.
8.CONSENT AGENDA
The Consent Agenda allows the City Council to consider items that require no discussion.
An item may only be discussed if it is pulled from the Consent Agenda.
The City Council makes one motion covering all items included on the Consent Agenda.
8.1
8.2
8.3
Motion: Move to adopt the Consent Agenda.
WO 337, Group 2 Pathways Project.
Motion: Move to authorize the City Manager to sign a Professional Services Contract with
Harper Houf Peterson Righellis, Inc. (HHPR) in the amount of
$896,884 for Engineering Services for the Group 2 Pathways Project (WO 337).
Resolution 24-03, A Resolution of the City Council of the City of Lake Oswego Authorizing
the City Manager to Execute a Lease Between the Lake Oswego Preservation Society and the
City for the Lease of 40 Wilbur Street, Lake Oswego, Oregon.
Motion: Move to adopt Resolution 24-03.
2024 City Council Goals and Initiatives.
Motion: Move to adopt the City Council 2024 Goals and Initiatives.
9.ITEMS REMOVED FROM CONSENT AGENDA
10.PUBLIC HEARING
10.1 Resolution 24-07, A Resolution of the City Council of the City of Lake Oswego
Adjusting the Budget for the Biennium Commencing July 1, 2023 by Adopting a
Supplemental Budget, Approving Resources/Requirements, and Making
Appropriations.
Page 3
503-534-4225 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Public Hearing Process:
1. Review of hearing procedure by Ellen Osoinach, City Attorney
2. Staff Report by Shawn Cross, Finance Director
3. Testimony – the following time limits shall be observed, but may be
changed by the Council: 10 minutes for representatives of recognized
neighborhood associations, homeowner associations, government
agencies, or other incorporated public interest organizations; and
5 minutes per individual
4. Questions of Staff
Motion: Move to adopt Resolution 24-07.
11. STUDY SESSION
11.1
Urban and Community Forest Plan Update.
12. INFORMATION FROM COUNCIL
13.
REPORTS OF OFFICERS
14. ADJOURNMENT, CITY COUNCIL
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Provide direction on Urban Renewal areas, including the Foothills area.
Meeting Date: February 20, 2024
Report Date: February 7, 2024
Staff Member: Sidaro Sin, Redevelopment Manager
Department: Redevelopment Agency
Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☐Not Applicable☐Information Only Comments:
☒Board Direction☐Consent Agenda
Staff Recommendation:
Initiate a substantial amendment to the Lake Grove Village Center Urban Renewal Plan to
increase the maximum indebtedness and add projects(s), seek grant funding to update the
Revised Foothills Framework Plan and develop an urban renewal plan for the area.
Recommended Language for Motion: N/A
Project / Issue Relates To: Urban Renewal Plans and Foothills Area
Issue before LORA Board (Highlight Policy Question):
☒Council Goals/Priorities ☐Adopted Master Plan(s)☐Not Applicable
ISSUE BEFORE LORA Board
The staff report reflects the Board’s direction on the existing urban renewal plans and the
Foothills area. The Board can direct staff to move forward to update the plans as proposed or
make amendments as necessary.
4.1
Page 2
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
EXECUTIVE SUMMARY
In May of 2023, the Lake Oswego Redevelopment Agency (LORA) Board directed staff to
1. bring back a plan to close the East End Redevelopment Plan (EERD) as anticipated in
2028;
2. pursue increasing the maximum indebtedness for the Lake Grove Village Center Urban
Renewal Plan (LGVCURP) to fund projects in the area; and
3. update the Foothills District Refinement Plan (FDFP) and develop a Foothills Urban
Renewal Plan (FURP).
Staff summarizes its proposed responses as follows:
1. In order to close the EERD the Board must adopt a Resolution specifying its termination
date;
2. An increase in the maximum indebtedness of LGVCURP would require a “substantial
amendment”—as that term is used in relation to Urban Renewal Area (URA) plans-- and
concurrence from taxing districts. If the closing date of the Lake Grove URA were
extended, preliminary high-level estimates indicate that the URA could have the
capacity to generate around +/- $50M to fund project and administrative service costs.
The amendment process could be completed by early next year.
3. Updating the 2012 FDFP and creating a new FURP involves an extensive process that
could take up to four years to complete and cost up to $500K. Preliminary estimates
indicate that the Foothills URA could have the capacity to generate around +/- $100M
to fund project and administrative service costs.
The potential revenue generated for projects and administrative services is based on the best
information available at the time of this report and assumptions related to growth rates, length
of the districts, URA boundary limits, revenue sharing, etc. Staff anticipates bringing back
additional projections for discussion at a future study session.
Staff is seeking Board feedback about the proposed responses and direction about the process
for initiating them. Given the slight delay in the development of the Lake Oswego wastewater
treatment plant, staff recommends that the Board pursue the amendment process for the Lake
Grove Urban Renewal Plan prior to undertaking the Foothills process.
BACKGROUND
A Council initiative for 2024 is updating the LGVCURP and begin work on a plan to use urban
renewal to support the redevelopment of the Foothills area. In particular for the LGVCURP,
Council expressed interest in developing a strategy for an all-ages and all-activities community
center on the west side of town that could include event and meeting spaces, public services,
and library services. The City would also collaborate with Lake Oswego School District and other
stakeholders as part of this project.
In May 2023, the City Council, acting in capacity as the LORA Board received an update on the
status of the EERP, the LGVCURP, the FDFP, and the FURP. The Board directed staff to bring
Page 3
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
back a plan to implement the direction given at the meeting. Specifically, the Board directed
staff to:
• EERP: Close the district as anticipated in 2028 or sooner.
• LGVCURP: Increase the maximum indebtedness of the plan in order to fund projects in
the area.
• FDFP and FURP: Update the Foothills Plan and prepare a new urban renewal plan for
the area.
DISCUSSION
The information in the report and attached schedule (Attachment 1) outlines the different
processes for the City’s two URAs and the Foothills area.
A) East End Redevelopment Plan (EERP)
The Board direction was to close the EERP as planned in 2028.
The EERP is the oldest URA for the City and has had the most impact on the redevelopment of
the downtown area. The downtown is thriving with new housing, community amenities and
economic vitality and directly reflects the benefits of how urban renewal works to help
revitalize an area. Since the URA was created in 1987 and with a maximum indebtedness (MI)
of $94M, 66 projects have been completed including major signature projects like Lake View
Village, The Windward, Millennium Plaza Park, and City Hall.
Upon closing the district in 2028, it is estimated the assessed property value in the URA area
will be approximately $450M, compared to $55M in 1987 when the URA was formed. The
frozen tax base that was established would then be terminated and the full assessed value of
properties in the URA would return to taxing districts. The City of Lake Oswego is anticipated to
receive approximately $2.2M annually when the URA closes.
Closing the URA in 2028 would leave 17 projects uncompleted (approximately $64M in project
costs) and will include the completion of the North Anchor project in 2025.
When the time comes to close the URA in 2028 and all of the bonded debt has been paid off,
the LORA Board will need to approve a resolution to terminate the EERP and to stop receiving
tax increment financing (TIF) revenue. The resolution would then be sent to the County
Assessor’s Office to officially stop receiving TIF revenue.
B) Lake Grove Village Center Urban Renewal Plan (LGVCURP “Plan”)
The Board direction was to increase the maximum indebtedness of the Plan in order to fund
projects in the area.
The Plan was adopted in 2012 and consists of two projects, Boones Ferry Road (BFR)
improvements and public parking. BFR Phase 1 was completed in 2021 for $39M of which
$30M was TIF funded. A 2020 estimate indicated BFR Phase 2 would cost approximately $32M,
Page 4
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
while the parking project was estimated at $4M. The MI for the Plan is $36M and is anticipated
to close in 2032. A preliminary high-level estimate based on using the existing URA boundary,
incurring new debt to be repaid over 25-30 years, combined with unused MI, and existing
"program income" not subject to MI limits, the URA might have the capacity to fund a total of
around +/- $50M in project costs and administrative services.
In order to increase the MI, the Plan includes a provision that ANY increase in MI requires a
“substantial amendment” to the Plan and concurrence from other taxing districts. Additionally,
Oregon law requires that if construction of a public building is included in the list of projects,
additional concurrence from taxing districts is required. The process and requirements are
more specifically discussed below:
• Substantial amendment process, would include the same procedural requirements as
adoption of the original Plan including: public/taxing district notices, public involvement,
consultation with taxing districts, presentation to the Planning Commission and
adoption by the City Council by non-emergency ordinance after a hearing. This process
could take up to 12 months to complete after projects have been identified and funding
strategy developed.
• Taxing District concurrence to increase the MI is required per the Plan from taxing
districts imposing at least 75 percent of the amount of taxes imposed under permanent
rate limits in the urban renewal area. This concurrence is in the form of adoption of a
formal resolution by the board of the taxing district. There are 12 taxing districts that
are affected by the URA and the 75 percent threshold can be achieved in multiple ways,
but concurrence from the top three districts, including Clackamas County, Lake Oswego
School District and the City of Lake Oswego, would satisfy this requirement.
• Taxing District concurrence to use TIF for a public building including fire station, police
station, public library, public hospital, or school, requires concurrence by three of the
four taxing districts estimated to forgo the most property tax revenue. This concurrence
is also in the form of adoption of a formal resolution by the board of the taxing district.
For the Plan, the top four taxing districts are Clackamas County, Clackamas County
Library, Lake Oswego School District and the City of Lake Oswego.
If the Board directs staff to move forward with increasing the MI, the next step would include
coming back to the Board for a study session to discuss:
• TIF Revenue: Understanding the amount of revenue the URA could generate can help
determine what projects to pursue and how they are funded. After a URA is
established, the county assessor determines the current assessed value of all property
within the area and freezes that tax base. Whatever property tax revenue taxing
districts receive from this frozen base is the same amount they will receive on a yearly
basis until the URA is closed. As property values increase above this frozen base, all tax
revenues from increases (the “increment”) in permanent rates are used to fund projects
Page 5
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
within the urban renewal area. Revenue in a URA increases due to the 3% assessed
value increase annually, when the assessed value (AV) in the URA is increased through
new construction projects with increased AV, expanding the URA boundary to take in
more AV, or extending the closing date of the URA. Another consideration is the urban
renewal revenue sharing provision, whereby revenue is shared with other taxing
districts when annual TIF revenue exceeds ten percent of the maximum indebtedness of
the plan. At this threshold, the URA receives TIF revenue equal to ten percent of the
original maximum indebtedness plus 25 percent of the remaining tax revenue generated
by the increment value of the URA. When annual TIF revenue equals 12.5 percent of the
maximum indebtedness of a plan, the annual TIF revenue for a URA is capped at that
level, with any additional tax revenue generated by the increment being shared
proportionately between the overlapping taxing districts.
• Project Scope and Cost Estimates: The amendment to the plan will need to include a list
of projects to be added and cost estimates. An outcome of the 2024 Council Goal
setting was interest in a collaborative effort with the Lake Oswego School District and
other stakeholders in developing an all-ages and all-activities community center on the
west side of town that would include event and meeting spaces, public services, and
may include library services. Additionally, as noted previously, the last estimate that
was provided in 2020 for the BFR Phase 2 cost was $32M while the parking was
estimated at $4M. A cost saving strategy to implement existing projects and a multi-
generational public facility could be to combine projects. For example, a new public
facility could include parking that benefits both the building users and surrounding
businesses, thereby reducing parking impacts to the neighborhood.
• Funding Strategy: Depending on the projects to be included, cost of the projects and
projected TIF revenue, TIF revenue can be combined with additional funding sources to
complete a project. Other funding sources could include the Street Fund, System
Development Charges (SDC), utility revenue, creating a Local Improvement District (LID),
and general obligation bonds.
Staff can provide a more detailed schedule, estimate of additional TIF revenue that can be
generated in the URA, provide project scope and cost, and funding options at a future study
session. Adoption of a “substantial amendment” could be completed by early next year.
C) Foothills Area
The Board direction was to update the revised Foothills Framework Plan and prepare a new
urban renewal plan for the area. Implementation would be a two part process:
• Update the Revised Foothills Framework Plan, which sets the vision and identifies
projects to be completed in the area, and;
• Adopt an urban renewal plan which will help fund the project in the area.
Revised Foothills District Framework Plan (FDFP)
Page 6
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
The revised Foothills Framework Plan was adopted in July 2012 and outlined what was
described as “Lake Oswego’s next great neighborhood”. It included a walkable street pattern,
connections to the downtown and Willamette River and a mix of residential and commercial
developments, but did not include a street car connection.
It’s been 12 years since the last plan was adopted with no redevelopment activity in the area.
With a new waste water treatment plant under consideration for moving from its current 14-
acre site to a much smaller six-acre site, it provides the opportunity to revisit the plan to ensure
the area redevelops in a manner consistent with the community vision and values. The update
would include an extensive public involvement process to ensure the area reflects the
community vision for housing, recreation, connectivity, sustainability, preservation of natural
resources and economic development. The updated plan will also identify infrastructure and
community projects that would need to be accomplished to ensure success in the area.
There are several opportunities to fund the update that includes a combination of City funds
and grants. In reviewing other similarly scoped grants and cost escalation, a high-level estimate
to fund the plan update could be between $400K - $500K.
Two grant opportunities that staff would like the Board’s support in pursuing include the
Oregon Department of Transportation, Transportation Growth Management (TGM) grant and
the Metro 2040 Planning and Development grant (Metro). Ultimately, only one grant will be
pursued.
The TGM grant provides up to $250K (with 12% City matching funds) to help with planning for
streets and land that result in more livable, sustainable, economically vital communities and
increased opportunities for transit, walking and bicycling. In addition to using the grant to fund
the FDFP update, we would pursue using it to update other plans/codes as needed
(Comprehensive Plan, Zoning Code, Capital Improvement Plan, Transportation System Plan,
etc.) It is worth noting the last time the City applied for a TGM grant for the Foothills area was
in 2004 and the grant was for $150K.
The other grant is the Metro grant with the purpose of helping remove barriers to housing
development, support economic growth, promote planning that makes land ready for
development, and implement Metro’s long-term plan for livable and equitable communities for
people of color and historically marginalized communities. In the previous 2023 grant cycle, up
to $1.25M was available for the “equitable communities” category. Project awards for the
2020 grant cycle in this category ranged from $250K - $750K. To date, the City has never
applied for this type of Metro grant.
Both the TGM and Metro grant would follow similar grant schedules as noted below:
• 2025: Grant Pre-application, Application, Award, Refine Scope (12 months)
• 2026: Negotiate scope and fee with consulting team (up to 12 months)
• 2027/2028: Update plan (18 months)
Page 7
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Foothills Urban Renewal Plan (FURP)
In December 2012, the Foothills Urban Renewal Plan was adopted and was later repealed in
February 2013. The plan identified the 57 acre boundary of the URA and included 21 projects
that implemented major infrastructure improvement identified in the FDFP. At the time, the
cost of the public improvement projects was estimated at $55M, with $43M to be funded
through urban renewal funds and the balance from SDCs and utility revenues.
Since the last FURP was repealed, adoption of a new plan would need to start from the
beginning. Once the FDFP has been updated with new projects and cost estimates,
development of a new FURP can begin. Actual adoption of the new FURP would coincide with
closing of the EERP so there are no overlapping URAs. This process could take up to 12 months
and follow the same procedural requirements as previous followed including: public/taxing
district notices, public involvement, consultation with taxing districts, presentation to the
Planning Commission and adoption by the City Council by non-emergency ordinance after a
hearing. Depending on the size, growth rates and other factors, preliminary estimates indicate
the URA might have a capacity to fund around +/- $100M in project and administrative service
costs.
RECOMMENDATION
With the possible slight delay of the wastewater treatment plant process, staff recommends
moving forward with the “substantial amendment” process to increase the MI for the
LGVCURP, then pursue updates and an urban renewal area for the Foothills area.
Direct staff to:
• (When the time comes), draft a resolution closing the East End Redevelopment Plan as
anticipated in 2028 or sooner.
• Pursue increasing the maximum indebtedness of the Lake Grove Village Center Urban
Renewal Plan to fund projects in the area and bring back additional information for the
Board’s consideration at a future study session.
• Initiate updating and pursuing grants for the Foothills Refinement Plan and develop a
Foothills Urban Renewal Plan.
ATTACHMENTS
1. Project Schedule
Review Urban Renewal Plans (East End, Lake Grove) and Foothills Planning (Refinement Plan & UR Plan)
2/7/2024
Council Goal 2024 Update the Lake Grove Urban Renewal Plan and begin work on a plan to use urban renewal to support the redevelopment of Foothills
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Tasks
A) East End Redevelopment Plan (EERP)
• North Anchor Project Construction
• Close EE URA ‐ Q2 2028
B) Lake Grove Village Center Urban Renewal Plan (LGVCURP)
• Increase Max Indebtedness & add project(s)‐ revise Plan
C) Revised Foothills Framework Plan (RFFP)
• Update RFFP
• Review Comp Plan/ZC/Code Amend
• CIP / TSP Amends
D) Foothills Urban Renewal Plan (FURP)
2024 2028202720262025 2029
Attachment 1
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Approval of Lake Oswego Redevelopment Agency (LORA) Board Meeting Minutes
Meeting Date: February 20, 2024
Report Date: February 13, 2024
Staff Member: Kari Linder, Recording Secretary
Department: City Manager’s Office
Action Required Advisory Board/Commission Recommendation
☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☒Not Applicable☐Information Only Comments: ☐Board Direction
☒Consent Agenda
Staff Recommendation: Approve minutes as written.
Recommended Language for Motion: Move to approve the LORA meeting minutes as
written.
Project / Issue Relates To:
Issue before Board (Highlight Policy Question):
☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable
ATTACHMENTS
1.November 7, 2023, Draft Regular LORA Meeting Minutes
2.November 21, 2023, Draft Regular LORA Meeting Minutes
4.2
Redevelopment Agency Meeting Minutes Page 1 of 4
November 7, 2023
LAKE OSWEGO REDEVELOPMENT AGENCY MEETING
MINUTES
November 7, 2023
13.CALL TO ORDER, REDEVELOPMENT AGENCY (LORA)
Chair Buck called the regular Lake Oswego Redevelopment Agency (LORA) meeting to
order at 9:00 p.m. on Tuesday, November 7, 2023. The meeting was held both virtually via
video conferencing and in-person in the Council Chamber at City Hall, 380 A Avenue.
Present: Chair Buck and Board Members Corrigan, Wendland (via video
conferencing), Mboup, Verdick, Rapf, and Afghan
Staff Present: Martha Bennett, Executive Director; Ellen Osoinach, LORA Counsel; Kari
Linder, Recording Secretary; Sidaro Sin, Redevelopment Manager
Others Present: Eric Cress, Principal and President, Urban Development Partners;
Lincoln Walker, Senior Director, Investor Relations, Urban Development
Partners
____________________________________________ __________ _
14.BOARD BUSINESS
14.1 Third Amendment to the North Anchor Project Disposition and Development
Agreement.
Sidaro Sin, Redevelopment Manager, reviewed the request from Urban Development Partners
(UDP) to extend three major deadlines: the residential component financial close, the hotel
component financial close, and the final preclosing DDA termination date from December 31,
2023 to June 28, 2024. The extension would effectively push out other deadlines in the schedule
of performance listed in Attachment 2. The Board had extended the deadline and the DDA in June
of 2023 to allow for UDP to work on the North Anchor hotel component, do some design changes,
and other things to help the project pencil out, make it more efficient, and add community
amenities. The previous extension also allowed the City to pursue the Vertical Housing
Development Zone Tax Abatement Program as a pilot project for North Anchor. Since June, good
progress has been made. The DR modification was currently being reviewed for completeness
by the City. Notices about the vertical housing project were sent to the different taxing entities the
program would affect, and the team hoped to schedule the project for a public hearing and
adoption by City Council in December. It was anticipated that the residential component would
break ground in March or April of 2024, and the hotel component would commence shortly
afterwards with completion expected in December of 2026. The Board’s approval of this six-month
extension request would allow UDP to complete the development review modification and land
ATTACHMENT 1
Redevelopment Agency Meeting Minutes Page 2 of 4
November 7, 2023
use application for the hotel and provide the City additional time to implement the vertical housing
program if needed. Having both of the projects move forward was critical to put the project in the
best position possible to get financing. UDP was committed to the project and closing before the
June 2024 deadline was one of its highest priorities.
Eric Cress, Principal and President, UDP, highlighted via PowerPoint the challenges faced and
the company’s accomplishments since June and reviewing the request for a six-month extension.
Lincoln Walker, Senior Director, Investor Relations, UDP, reviewed the status of the project’s
debt and equity. The team had engaged in conversations with various groups and brought to the
meeting a letter of intent from a banking partner, which was a positive development for the project.
While the summer had been a difficult period due to rising interest rates, there had been
substantial changes in the past five days. Within the past few weeks, UDP had also received a
letter of intent for the apartments from a larger, institutional-sized investor. While there were some
permitting and construction costs that needed to be worked through, the company was making
good progress and receiving more engagement from a variety of investors. A few individuals Mr.
Walker knew in the community had reached out asking to participate, which was a positive sign
and boded well for the project going forward. The total equity capitalization amounted to slightly
over $40 million with a combined total of $89 million for both projects. UDP aimed for around 60
percent loan to cost for the apartments, translating to approximately $16 million of the $40 million,
with the remaining $23 million allocated for the hotel.
Mr. Cress noted the company had invested $4 million over the past four months as it continued
to work through the redesign process. He continued the presentation with an overview of the
schedule, which was consistent with Staff report the Board had received.
Chair Buck thanked the team for the updates and their ongoing work on the project. Earlier today,
the County voted unanimously to approve its participation in the development zone, and the City
appreciated the County’s support. Many recent events had highlighted the difficulty multifamily
projects had with financing. A recent article in the Oregonian highlighted the drag financing
difficulties would have on housing production. Everyone was starting to see the need to pull out
all the stops, and the City appreciated UDP’s creative thinking, recognizing it was still a tight
market and the City could not operate like it did five years ago. The County wanted certainty that
the project would provide workforce units and had noted language in one of the documents that
seemed to suggest those units were optional. The City needed to ensure the DDA cemented the
language because Mayor Buck had given them his word that it would happen. Mr. Sin said the
language was in the DDA, though there might be some looser language stating the units were
contemplated versus required. He was sure the City could get Mr. Cress’ verbal and written
commitment. Mr. Cress confirmed the company was committed to delivering those units. The
company managed and built multiple buildings with rent constrained, low-income, or workforce
housing within them, so UDP was used to managing those and had experience with the
compliance required.
Mr. Cress clarified the schedule, noting the company planned to close on the apartments in March
and the hotel in June. June 28th was the request for the DDA extension, but UDP’s schedule
anticipated the apartment’s construction to begin prior to that date. The schedule showing
issuance of demo/building permits for the hotel in July of 2024 reflected the length of time
anticipated between completeness check and permit issuance. The schedule also assumed only
one development review modification hearing, which is what UDP hoped, but that was the
Redevelopment Agency Meeting Minutes Page 3 of 4
November 7, 2023
minimum. The company had tried to compress the timeline as much as possible while being
realistic. It did take time once permit documents were in to get through the process.
Board Member Afghan recognized the current situation was different from pre-covid times and
supported issuing the requested extension to maintain the City's relationship with UDP. However,
while he had voted for the last extension without hesitation and would vote for this extension, he
would be unable to approve another extension six months from now because the project needed
to go forward. If UDP faced genuine difficulties progressing, the City should explore other options.
He would not advocate taking the project from UDP, but if someone presented immediate funding,
the Board owed it to the residents to consider it. If construction did not start in April and July, the
City would need a different conversation with UDP.
Chair Buck added he believed the Board looked forward to seeing the progress UDP articulated
tonight continue into the spring. Mr. Cress understood the Board represented the community and
the community wanted to get the project done, which UDP heard loud and clear and that was why
the company had spent so much time, energy, and money to push the project as fast as possible.
UDP was committed to doing everything it could to move the project forward. His experience as
a member of a national product council told him that throughout the country it was a very difficult
time to get housing built because of the circumstances. However, UDP had letters of intent and
people who were looking at the project seriously. It was a good project. People were excited about
Lake Oswego, the location was excellent, and UDP had built a strong program. The company
was pushing the project forward and what it presented to the Board today was what it expected
to deliver, and it was making every effort to do so.
Board Member Afghan thanked Mr. Cress and emphasized he was not arguing UDP’s
commitment to the project or the City. The company had spent $4 million and many years on the
project. At the same time, if that commitment did not move the project forward, then the City had
to explore other options. He understood the difficulty with getting financing right now, and because
he understood those challenges he would vote in favor of another extension.
Board Member Rapf moved to authorize the Executive Director to execute a third
amendment to the December 7, 2021 Agreement for the disposition and development for
the North Anchor properties. Board Member Verdick seconded the motion.
A voice vote was held, and the motion passed, with Chair Buck and Board Members
Corrigan, Wendland, Mboup, Verdick, Rapf, and Afghan voting ‘aye’, (7-0).
14.2 Approval of LORA Meeting Minutes.
September 19, 2023, Draft Regular LORA Meeting Minutes
Board Member Verdick moved to approve the LORA meeting minutes as written. Board
Member Mboup seconded the motion.
A voice vote was held, and the motion passed, with Chair Buck and Board Members
Corrigan, Wendland, Mboup, Verdick, Rapf, and Afghan voting ‘aye’, (7-0).
15. ADJOURNMENT, REDVELOPMENT AGENCY (LORA)
Chair Buck adjourned the LORA meeting at 9:25 p.m.
Redevelopment Agency Meeting Minutes Page 4 of 4
November 7, 2023
Respectfully submitted,
_____________________________
Kari Linder, Recording Secretary
Approved by the LORA Board on {insert approval date}.
____________________________
Joseph M. Buck, Chair
Redevelopment Agency Meeting Minutes Page 1 of 2
November 21, 2023
LAKE OSWEGO REDEVELOPMENT AGENCY MEETING
MINUTES
November 21, 2023
14.CALL TO ORDER, REDEVELOPMENT AGENCY (LORA)
Chair Buck called the regular Lake Oswego Redevelopment Agency (LORA) meeting to
order at 5:17 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.
Present: Chair Buck and Board Members Corrigan, Wendland (via video
conferencing), Mboup, Verdick, Rapf, and Afghan
Staff Present: Martha Bennett, Executive Director; Ellen Osoinach, LORA Counsel; Kari
Linder, Recording Secretary; Evan Boone, Deputy LORA Counsel
______________________________________________________________________
15.PUBLIC HEARING
15.1 LORA Resolution 23-04, A Resolution of the Lake Oswego Redevelopment Agency
Board 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, LORA Counsel, 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 LORA Counsel, referred to his earlier Council Report and confirmed Board
Members had no additional questions.
Chair Buck opened the public hearing, confirmed there was no public testimony, and closed the
public hearing.
Board Member Rapf moved to adopt LORA Resolution 23-04. Board Member Mboup
seconded the motion.
A voice vote was held, and the motion passed, with Chair Buck and Board Members
Wendland, Mboup, Verdick, Rapf, Afghan, and Corrigan voting ‘aye’, (7-0).
ATTACHMENT 2
Redevelopment Agency Meeting Minutes Page 2 of 2
November 21, 2023
16. ADJOURNMENT, REDVELOPMENT AGENCY (LORA)
Chair Buck adjourned the LORA meeting at 5:19 p.m.
Respectfully submitted,
_____________________________
Kari Linder, Recording Secretary
Approved by the LORA Board on {insert approval date}.
____________________________
Joseph M. Buck, Chair
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: WO 337, Group 2 Pathways Project
Meeting Date: February 20, 2024
Report Date: February 9, 2024
Staff Member: Stefan Broadus, PE
Assistant City Engineer
Heike Shipton, PE
Senior Associate Engineer
Department: Engineering
Action Required Advisory Board/Commission Recommendation
☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction
☒Consent Agenda
Staff Recommendation: Award a Professional Services Contract.
Recommended Language for Motion: Move to authorize the City Manager to sign a
Professional Services Contract with Harper Houf Peterson Righellis, Inc. (HHPR) in the amount
of $896,884 for Engineering Services for the Group 2 Pathways Project (WO 337).
Project / Issue Relates To: Group 2 Pathways Project/Contract Award.
Issue before Council (Highlight Policy Question):
☐Council Goals/Priorities ☒Adopted Master Plan(s) ☐Not Applicable
EXECUTIVE SUMMARY
The Group 2 Pathways project (WO 337) will deliver 4 pathway segments as identified in the
City’s Transportation System Plan (TSP), prioritized by the Transportation Advisory Board (TAB)
as providing safer routes to school, and adopted in the 2023-2029 Capital Improvement Plan
(CIP). The City is hiring a professional engineering firm to provide design services to produce the
contract documents for construction.
8.1
Page 2
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
BACKGROUND
The City adopted a Capital Improvement Plan on June 6, 2023 that identifies the funding and
timing of capital projects for the period from July 1, 2023 to June 30, 2029. This Group 2
Pathways project is part of the pathway program and includes four pathway segments
anticipated to be completed by summer 2025:
1. Carman Drive – Waluga Drive to Quarry Road
2. Pilkington Road – Boones Ferry Road to Lakeview Blvd
3. Tree Top Lane – Overlook Drive to Fernwood Drive
4. Meadowlark Lane – Overlook Drive to Ridge Pointe Drive
These four pathways can be more efficiently delivered by combining into a single project. Key
considerations during design will include public involvement, land rights, utility coordination,
ADA compliance and constructability.
DISCUSSION
On September 22, 2023, the City solicited proposals for engineering design services for the
Group 2 Pathways project. Proposals were received from the following five firms: AKS, Century
West Engineering, Consor, Harper Houf Peterson Righellis, Inc. and Wallis Engineering, PLLC.
Interviews were conducted on December 4 and 5, 2023. Using the criteria and the process
prescribed in the Request for Proposals (RFP), the selection panel determined Harper Houf
Peterson Righellis, Inc. received the highest score, and therefore was the top proposer.
In accordance with the City’s Qualifications Based Selection (QBS) process, Engineering
Department staff and HHPR, Inc. have successfully negotiated a scope and fee of $896,884.
FISCAL IMPACT
Design and construction of the project is planned to be funded as shown in the table below:
Funding Sources 2023-24 2024-25 2025-26 Total
Street $750,000 $1,750,000 $1,500,000 $4,000,000
RECOMMENDATION
Council authorize the City Manager to sign a Professional Services Contract with HHPR, Inc in
the amount of $896,884 for Engineering Services for the Group 2 Pathways Project (WO 337).
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Resolution 24-03, Ironworkers Cottage – Lake Oswego Preservation Society Lease
Meeting Date: February 20, 2024
Report Date: February 9, 2024
Staff Member: Nell Diamond, Management and
Program Analyst
Department: Public Works
Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded
☒Resolution ☒Not Applicable☐Information Only Comments:
Regarding lease of city-owned property to Lake
Oswego Preservation Society (LOPS):
40 Wilbur Street Lake Oswego, OR 97034
☐Council Direction
☒Consent Agenda
Staff Recommendation: Renew lease for the Ironworkers Cottage
Recommended Language for Motion: Move to adopt Resolution 24-03.
Project / Issue Relates To: Lease of City Property: 40 Wilbur Street Lake Oswego, OR 97034
Issue before Council (Highlight Policy Question):
☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable
ISSUE BEFORE COUNCIL
Renew Lease of City Property: 40 Wilbur Street, Lake Oswego, OR 97034
EXECUTIVE SUMMARY
The five-year lease with the Lake Oswego Preservation Society expired on December 5, 2023.
The new agreement would be for 5 years with no other changes proposed to the lease terms.
8.2
Page 2
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
BACKGROUND
City of Lake Oswego (City) leased City-owned property at 40 Wilbur Street 97034 (Ironworkers
Cottage) to the Lake Oswego Preservation Society (LOPS) in 2018.
• Lease was originally generated December 5, 2018 for a term of five years.
• Annual rent is $1200, payable monthly in the amount of $100. The rent amount reflects
the savings below market rent resulting from the exemption from property taxes.
• The Museum is used as an exhibit space as well as a meeting area that is available to the
community.
The Lake Oswego Preservation Society is a 501(c)(3) non-profit corporation founded in 2011
with a mission "to support Lake Oswego's historic fabric through advocacy and education."
The Society's entire focus is on preserving Lake Oswego's built heritage and educating the
community and Lake Oswego's unique history. The work of the Society's Board and Advisory
Board members includes researching, writing, and designing the Oswego Iron Heritage Trail
signs (one which is at the Worker's Cottage site), Iron Furnace kiosk interpretative panels,
historic tours and brochures, and historic photo exhibits.
The Society currently operates the meeting and exhibit area so that it is open for public entry
and access for at least 400 hours a year. The organization also provides access to the Cottage by
appointment for individuals, group tours, and school classes.
The existing lease was developed following a multi-year project to restore the Historic Iron
Worker's Cottage and a process that included soliciting for and evaluating proposals and
negotiating the lease terms with the selected organization, the Lake Oswego Preservation
Society.
DISCUSSION
The Preservation Society is a great tenant with a mission that is perfectly aligned with the use
and public access to the Cottage. They are excellent stewards of the Cottage and property and
we have had no issues.
The proposed lease renewal is for five (5) years, and no other changes are proposed to the
terms.
City Responsibilities:
Preservation Society Responsibilities:
• Landscape maintenance
• City utilities (water, sewer)
• Exterior and landscape maintenance
• Contacting LOPS for scheduling
meeting space for city meetings
• Rent $100 per month
• Cultural/Historic Exhibits
• Open to the public for at least 400 hours per year
• Electricity, natural gas, and garbage/recycling
collection bills
• Furnishings
Page 3
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
ALTERNATIVES
Other options for the Council to consider would be to not renew the lease, ask staff to
negotiate changes to other terms of the lease, or consider seeking other tenants or using of the
Cottage.
Approve a new five-year lease agreement with the Lake Oswego Preservation Society to lease
and operate the Historic Iron Worker's Cottage at 40 Wilbur Street.
ATTACHMENTS
1. Resolution 24-03, with Exhibit A - Lease Agreement with the Lake Oswego Preservation
Society
Resolution 24-03 Page 1 of 1
RESOLUTION 24-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE BETWEEN THE LAKE OSWEGO PRESERVATION SOCIETY AND
THE CITY FOR THE LEASE OF 40 WILBUR STREET, LAKE OSWEGO, OREGON.
WHEREAS, the Lake Oswego Preservation Society currently operates their History Center and
Museum out of the property known as “The Worker’s Cottage” located at 40 Wilbur Street and
has done so since 2018; and
WHEREAS, the previous Lease between the City of Lake Oswego and the Lake Oswego
Preservation Society expired on December 5, 2023; and
WHEREAS, the Lake Oswego Preservation Society and the City of Lake Oswego desire
to renew the five-year lease with no changes to the terms.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The City Manager is hereby authorized to execute the Lease with the Lake Oswego
Preservation Society in substantially the form attached as Exhibit A.
Section 2. Effective Date. This Resolution shall take effect upon passage.
Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on
the 20th day of February, 2024.
AYES:
NOES:
EXCUSED:
ABSTAIN:
___________________________________
Joseph M. Buck, Mayor
ATTEST:
___________________________________
Kari Linder, City Recorder
APPROVED AS TO FORM:
________________________________
Ellen Osoinach, City Attorney
ATTACHMENT 1
Page 1 of 9 | LEASE – Worker’s Cottage
LEASE
THIS LEASE (“Lease”) dated as of the 6th day of December, 2023 (“Effective Date”), is between the CITY OF
LAKE OSWEGO, an Oregon municipal corporation, as “Lessor,” and LAKE OSWEGO PRESERVATION
SOCIETY, an Oregon nonprofit corporation, as “Lessee.”
SECTION 1. PREMISES
1.1 Lessor hereby leases to Lessee and Lessee hereby from Lessor the Premises known as The
Worker’s Cottage, located at 40 Wilbur Street, Lake Oswego, Oregon (“Premises), which is a historic
residential structure.
SECTION 2. TERM
The term of this Lease (“Term”) shall commence on the Effective Date, and shall continue for five years,
unless sooner terminated in accordance with the terms of this Lease.
SECTION 3. RENT
3.1 Rent.
3.1.1 Rent Payments. Annual rent amount is $1,200.00, payable monthly in the amount of
$100.00. The first monthly payment is paid contemporaneously with the execution of this Lease. The
monthly payments hereafter shall be paid on the same date of the next following month, and continuing
thereafter during the term of the Lease.
3.1.2 ORS 307.112 Statement. Due to the substantial activities Lessee will undertake pursuant
to this Lease for the public benefit which cover the substantial portion of the Premises, which is consistent
with its non‐profit status under ORS Chapter 65, as well as its status as described under section 501(c)
of the Internal Revenue Code, Lessor and Lessee agree in accordance with ORS 307.112 that the rent
amount reflects the savings below market rent resulting from the exemption from taxation for the
Property, as defined herein.
3.2 Interest and Late Charges. All payments required under this Lease not paid by Lessee within
ten (10) days after the due date shall bear a late fee in the amount of five percent (5%) of the overdue
payment. Lessee shall pay the late charge upon demand by Lessor.
SECTION 4. USES
4.1 Permitted Uses.
4.1.1 Public Uses Area. North and South Living Room and Bedroom #1 may be used for exhibit
of historical and cultural artifacts related to Lake Oswego, its architecture, and its role in the history of
Oregon, and for City meetings and City‐sponsored meetings and other related purposes. “Other related
purposes” may include such activities as historical interpretation, Lessee’s history‐related gift shop, and
EXHIBIT A
Page 2 of 9 | LEASE – Worker’s Cottage
lectures. “City and City‐sponsored meetings” include meetings initiated by or involving City employees or
City board(s), commissions(s), or City Council members.
4.1.2 Lessee Use Area. Lessee shall use the balance of the Premises for Lessee’s own purposes,
consistent with the Conditional Use Permit.
Lessee shall not use the Premises for any other purpose without the advance written consent of Lessor.
4.2 Minimum Hours of Operation. Lessee shall operate the Meeting and Exhibit Area so that it is
open and available for public entry and viewing of the exhibits or City or City‐sponsored meetings for a
minimum of 400 hours per year. Lessee will provide the Lessor with a current schedule of public access
and availability which may be adjusted with the written approval of the Lessor’s representative, provided
the general level of public availability is at least 400 hours per year.
4.3 Compliance with Laws. In connection with its use, Lessee shall comply at its expense with all
applicable laws, regulations and requirements of any public authority, including those regarding
operation and use of the Premises and any appliances within the Lessee Use Area on the Premises.
Notwithstanding the foregoing, Lessee shall not be required to ensure that the physical improvements
on the Property not within the control of Lessee meet accessibility requirements.
4.4 Activities on the Premises. Lessee shall not create a nuisance or damage the reputation of the
Premises or be reasonably offensive to Lessor’s use. Lessee will not permit any offensive noise, odor, or
light to be emitted from the Premises. Lessee will not store anything outside the Premises except in those
areas approved in writing in advance by Lessor. Lessee shall dispose of all trash and garbage on the
Premises in a suitable manner.
4.5 Manner of Conducting Activities. Lessee will keep the Premises clean and orderly. Lessee will
supervise its employees and volunteers, and will cause Lessee’s agents, independent contractors,
employees, volunteers, suppliers, and invitees to conduct their activities in a manner that complies with
the requirements of this Lease.
SECTION 5. UTILITIES AND TAXES
5.1 Utilities. Lessee shall pay the charges for electricity and trash collection. Lessor shall pay water
and sewer service supplied to the Premises and all exterior building and landscape maintenance.
5.2 Interruption of Service. Lessor shall not be liable for any failure or interruption of utilities or
services to the Premises.
5.3 Taxes and Assessments. On or before January 15 of each year during the term of this Lease,
Lessee shall either:
5.3.1 Provide Lessor with proof that it has filed with the Clackamas County Assessor a claim
for exemption from ad valorem property taxation for the Premises for the following tax year; and on or
before March 15 of each year during the term of this Lease, Lessee shall obtain, and provide Lessor with
proof of, the grant of an exemption from taxation for the Premises for the following tax year. Lessee
shall maintain the eligibility of the Premises for the exemption throughout the term of this Lease; or
Page 3 of 9 | LEASE – Worker’s Cottage
5.3.2 Provide Lessor with proof that the real property taxes assessed the preceding
November have been paid or will be paid in partial payments as permitted by law. If the real property
taxes are be paid in partial payments, Lessee shall furnish to Lessor evidence of partial payments by the due
dates required by law.
Lessee shall assume, pay and hold Lessor harmless from any property taxes assessed against the Premises
for any portion of the Term resulting solely from the Lessee’s use of or activities on the Premises.
SECTION 6. INSURANCE; INDEMNITY
6.1 Public Liability Insurance. Lessee shall continuously maintain, at its expense, comprehensive
general liability insurance, with limits of not less than $1,500,000 per person, $3,000,000 per occurrence
for injury to, illness of, or death of persons occurring in, upon or about the Premises, and $200,000 per
occurrence for property damage occurring in, upon or about the Premises with fire legal liability
endorsement with limits no less than $200,000. All such insurance shall insure the performance by Lessee
of the indemnity agreement set forth in Section 6.5 hereof.
6.2 [Reserved]
6.3 Insurance Policies. All insurance policies shall name Lessor as an additional insured and shall be
with companies and with loss‐payable clauses satisfactory to Lessor and with ratings no less than A+ by
A.M. Best. Copies of all policies or certificates evidencing such insurance shall be delivered to Lessor by
Lessee prior to Lessee's occupancy of the Premises. All policies shall be primary and noncontributing with
any insurance which may be carried by Lessor. All policies shall bear endorsements requiring thirty (30)
days’ written notice to Lessor prior to any change or cancellation.
6.4 Waiver of Subrogation. Neither party shall be liable to the other for any loss or damage caused
by water damage or any of the risks covered by a standard fire insurance policy with extended coverage
endorsements, and there shall be no subrogated claim by one party's insurance carrier against the other
party arising out of any such loss.
6.5 Indemnity of Lessor. Except when caused by Lessor’s negligence, gross negligence or willful
misconduct, or that of Lessor’s agents, servants, or employees, Lessee herby waives claims against Lessor
for damage to any property or injury, illness or death of any person in, upon or about the Premises. To
the extent permitted by law, Lessee shall defend, indemnify and hold harmless Lessor, its Council,
officers, agents. servants and employees from any and all claims or liability for any damage to any
property or injury, illness, or death of any person occurring in or on the Premises when such damage,
injury, illness, or death shall be caused by the act or failure to act of Lessee, its agents, volunteers,
employees, invitees, contractors, or licensees.
6.6 Indemnity of Lessee. Subject to the liability limits for public bodies stated in the Oregon Tort
Claims Act, ORS 30.260 to 30.300, Lessor shall defend, indemnify and hold harmless Lessee, and Lessee’s
officers, directors and employees, from any and all claims for liability for any damage to any property or
injury, illness, or death of any person occurring in or on the Premises when such damage, injury, illness
or death shall be caused by the negligence, gross negligence or intentional misconduct of Lessor, its
agents, invitees or employees.
Page 4 of 9 | LEASE – Worker’s Cottage
SECTION 7. REPAIRS, MAINTENANCE AND ALTERATIONS.
7.1 Condition of Premises. Lessor shall deliver the Premises in “AS IS” condition. With exception of
the items specified in this section, Lessee accepts the Premises AS IS. Lessee shall, at Lessee’s own
expense, keep the Premises in similar condition and repair.
Lessee shall, upon the termination of this Lease, surrender the Premises in good condition and
repair, at least as good as the condition it was in when accepted by Lessee, except for ordinary wear and
tear, destruction and condemnation.
7.2. Janitorial. Lessee will keep the Premises clean and orderly. Lessee will dispose of trash, garbage
and other materials generated by Lessee and Lessee’s activities in a reasonable manner. Lessor will
provide for pick‐up and disposal of landscape debris.
7.3 Alterations. Lessee shall not make any alterations or improvements to the Premises without
the prior written consent of Lessor. Any alterations or improvements to the Premises shall become part
of the Premises and belong to Lessor and shall be surrendered with the Premises without disturbance
upon the termination of the Lease. In the event Lessor consents to the making of any alterations or
improvements, the same shall be made at Lessee's sole expense.
7.4 Furnishings. Lessee shall be responsible for furnishing the Premises, except Lessor shall furnish
or approve the furnishings of meeting table and chairs for the Meeting and Exhibit Area.
7.5 Trade Fixtures. If Lessee installs fixtures or equipment within the Lessee Use Area and Lessee
fails to remove such property, this shall be an abandonment of the property and Lessor shall be permitted
to retain or dispose of the property and all rights of Lessee with respect to it shall cease.
7.6 Entry and Inspection. Upon giving Lessee twenty‐four hours prior notice, except in an
emergency, Lessor or its agents may enter the Premises at any time to determine Lessee's compliance with
this Lease or to make necessary repairs.
SECTION 8. REPAIR OF LESSEE’S PROPERTY
Repair, replacement, or restoration of any of the fixtures, equipment and personal property
owned by Lessee shall be the responsibility of Lessee.
SECTION 9. ASSIGNMENT AND SUBLETTING
Lessee shall not (voluntarily or by operation of law) assign, transfer, mortgage, pledge,
hypothecate, or encumber the Premises or Lessee’s leasehold estate or sublet any portion of the Lessee
Use Area, or otherwise transfer any interest in the Premises, without Lessor’s prior written consent, which
may be withheld in Lessor’s sole discretion.
SECTION 10. SIGNS
Signage is permitted provided it is in accordance with the Sign Code of the City of Lake Oswego
Page 5 of 9 | LEASE – Worker’s Cottage
(subject to any limiting Conditional Use Permit conditions of approval) and is approved by the Lessor.
SECTION 11. OTHER OBLIGATIONS OF PARTIES
11.1 Liens. Lessee shall pay as due all claims for work done on the Premises or for services rendered
or materials furnished at Lessee’s request, and shall keep the Premises free from any liens created by
Lessee. If Lessee fails to pay such claim or to discharge any such lien within thirty (30) days of demand,
Lessor may do so and collect such amount from Lessee upon demand. Amounts paid by Lessor shall bear
interest and be repaid by Lessee as provided in paragraph 12.3 below. Such payment by Lessor shall not
constitute a waiver of any right or remedy Lessor may have because of Lessee's default.
11.2 Holding Over. If Lessee does not vacate the Premises at the time required, Lessor may, upon five
(5) days’ prior written notice to Lessee, eject Lessee from the Premises and recover damages caused by
wrongful hold over.
SECTION 12. DEFAULTS; REMEDIES
12.1 Default. The following shall be events of default:
12.1.1 Payment Default. Failure of Lessee to make any payment within ten (10) days after
receiving written notice from Lessor that it is past due.
12.1.2 Default in Other Covenant. Failure of Lessee to comply with any other term or condition
or to fulfill any other obligation of this Lease within seventy‐two (72) hours’ written notice by Lessor
specifying the nature of the default with reasonable particularity shall constitute a default.
12.2 Remedies on Default. Upon default, Lessor may exercise any one or more of the following
remedies or any other remedy available under applicable law:
12.2.1 Retake Possession. To the extent permitted by law, Lessor may retake possession of the
Lessee Use Area and terminate Lessee's tenancy, either by summary proceedings, or any other applicable
action or proceeding. Upon retaking the Lessee Use Area, Lessor may use the Premises for Lessor's own
purposes or relet it upon any reasonable terms without prejudice to any other remedies that Lessor
may have by reason of Lessee's default. None of these actions will be deemed an acceptance of surrender
by Lessee.
12.2.2 Relet the Lessee Use Area. Lessor, at its option, may relet the whole or any part of the
Lessee Use Area, from time to time, either in the name of Lessor or otherwise, to such tenants, for
such terms ending before, on, or after the expiration date of the lease term, at such rentals and upon such
other conditions (including concessions and free rent periods) as Lessor, in its sole discretion, may
determine to be appropriate. Lessor shall use commercially reasonable efforts to mitigate any damages
incurred by Lessor as a result of any default by Lessee. However, so long as commercially reasonable
efforts are made, no failure to mitigate damages shall operate to relieve Lessee of any liability under
this Lease or otherwise affect such liability. Lessor at its option may make such physical changes to
the Lessee Use Area as are commercially reasonable in connection with any such reletting or proposed
reletting without relieving Lessee of any liability under this Lease or otherwise affecting Lessee's liability.
Page 6 of 9 | LEASE – Worker’s Cottage
12.2.3 Damages for Default. Whether or not Lessor retakes possession or relets the Lessee
Use Area, Lessor may recover all damages caused by the default (including but not limited to attorneys'
fees reasonably incurred, and costs of reletting).
12.3 Cure of Lessee's Default. Without prejudice to any other remedy for default, Lessor may perform
any obligation of Lessee or make any payment required to cure a default by Lessee. Lessor’s cost of
such performance, including reasonable attorneys' fees and disbursements, shall immediately be repaid
by Lessee upon demand, together with interest from the date of expenditure until fully paid at the rate
of twelve percent (12%) per annum, but not in any event at a rate greater than the maximum rate of
interest permitted by law.
12.4 Cumulative Remedies. The remedies provided for in this Lease are cumulative and not intended
to be exclusive of any other remedy to which Lessor may lawfully be entitled at any time.
SECTION 13. MISCELLANEOUS
13.1 Waivers. No waiver by either party of performance of any provision of this Lease shall be deemed
to be a waiver of nor prejudice such party's right to otherwise require performance of the same provision
or any other provision.
13.2 Notices. All notices under this Lease shall be in writing effective when delivered in person, or if
mailed, upon deposit in the United States Mail, certified and postage prepaid and addressed to the address
of Lessee or Lessor shown below or at such other address as may be designated by either party by notice
to the other, or if emailed, upon sending the email to the designated email address of the party’s contact
person.
13.3 Construction. (a) This Lease shall be construed and governed by the laws of the State of Oregon;
(b) the invalidity or unenforceability of any provision hereof shall not affect or impair any other
provisions hereof; (c) this Lease constitutes the entire agreement of the parties and supersedes all prior
agreements or understandings between the parties with respect to the subject matter hereof; (d) this
Lease may not be modified or amended except by written agreement signed and acknowledged by both
parties; (e) if there be more than one tenant, the obligations hereunder imposed upon Lessee shall be
joint and several; (f) time is of the essence of this Lease in each and every provision hereof; and (g)
nothing contained herein shall create the relationship of principal and agent or of partnership or of joint
venture between the parties hereto and no provisions contained herein shall be deemed to create any
relationship other than that of landlord and Lessee.
13.4 Attorneys' Fees. In the event suit or action is instituted to interpret or enforce the terms of this
Lease, the prevailing party shall be entitled to recover from the other party such sum as the court may
adjudge reasonable as attorneys' fees at trial, on petition for review, or on appeal, in addition to all other
sums provided by law. In the event that the prevailing party is represented by “in‐house” counsel, the
prevailing party shall nevertheless be entitled to recover reasonable attorney fees based upon the
reasonable time incurred and the attorney fee rates and charges reasonably and generally accepted in
the metropolitan Portland, Oregon, area for the type of legal services performed.
13.5 Hazardous Substances. Lessee shall not use, generate, transport, treat, store, dispose of or
Page 7 of 9 | LEASE – Worker’s Cottage
otherwise handle Hazardous Substances on the Premises without the prior written consent of Lessor.
Lessor may withhold such consent in its sole discretion or may condition such consent upon Lessee's
agreement to comply with requirements designated by Lessor. Notwithstanding the foregoing, Lessor
consents to the use by Lessee of normal and customary chemicals and substances (including Hazardous
Materials) applied in accordance with usual and customary janitorial and office uses in quantities in
accordance with all laws. The term “Hazardous Substances” shall mean any and all hazardous, toxic,
infectious or radioactive substances, wastes or materials as defined or listed by any federal, state or
local statute, regulation or ordinance pertaining to the protection of human health or the environment
and shall specifically include petroleum oil and its fractions.
13.6 Force Majeure. Whenever this Lease prescribes a period of time for action to be taken by a party,
that party will not be liable or responsible for, and the computation for the period of time will exclude,
any delays due to strikes, riots, acts of God, war, acts of terrorism, or any other causes beyond the
reasonable control of the party. This provision will not be applicable to excuse any delay in the payment
of rent or any other money owed by Lessee to Lessor.
13.7 Authority. The persons executing this Lease on behalf of Lessor and Lessee each hereby covenant
and warrant that the execution of this Lease is duly authorized by the party executing this Lease, that
such party is qualified to do business in Oregon, and that the person signing on behalf of each party was
duly authorized by that party to bind that party to this Lease.
[Signatures on the following page.]
Page 8 of 9 | LEASE – Worker’s Cottage
LESSOR: LESSEE:
CITY OF LAKE OSWEGO,
an Oregon municipal corporation
LAKE OSWEGO PRESERVATION SOCIETY,
an Oregon nonprofit corporation
______________________________________
By: Martha Bennett, City Manager
______________________________________
By: Denise Bartelt, President
Date: ________________________, 2024 Date: ________________________, 2024
Lessor Address: Lessee Address:
City of Lake Oswego
Attn: City Manager’s Office
PO Box 369
Lake Oswego, Oregon 97034
cityrecorder@lakeoswego.city
Lake Oswego Preservation Society
Attn: President
PO Box 502
Marylhurst, Oregon 97036
4lohistory@lakeoswegopreservationsociety.org
EXHIBITS:
A – Schedule of Public Access Days and Hours
Page 9 of 9 | LEASE – Worker’s Cottage
Exhibit A ‐ Public Access Days and Hours
Public Access
The worker's cottage will be open to the public a minimum of 400 hours per year: 6 hours per week and
3 hours one weekend a month. One or more volunteers will staff the facility and the number of visitors
will be tracked.
The schedule is every Tuesday and Thursday from 1:00 pm to 4:00 pm, except for holidays. It is very
important that a museum‐type facility be open on weekends so families and those who work 8:00 am
to 5:00 pm can visit. We propose to open on the first Saturday of every month from 1:00 pm to 4:00
pm, except for holidays. The cottage will also be open by appointment for individuals, group tours, and
school classes. These special events will satisfy the requirement for the remaining 52 open hours.
The Society reserves the right to change the opening days and times to better accommodate the
public and to offer different summer and winter hours.
City Meetings
Meetings of City employees or City board and commission members may be scheduled for the worker's
cottage as long as they are covered by the City's insurance policy. The City will maintain a key for this
purpose and the premises need to be left just as they were found. To schedule, call 503‐481‐2479 8:00
am to 5:00 pm weekdays or email info@lakeoswegopreservationsociety.org at least one week in
advance of the desired meeting date.
Society Use
The Society expects to use the property for its own purposes, on average, about 4‐6 times per month.
These Society uses would usually include fewer than 10 participants and would be of brief duration, one
to two hours. Included in these activities would be, monthly Board of Directors meetings, office work,
event planning, exhibit mounting, and volunteer training sessions.
We see a future in our past.
PO Box 502 | Marylhurst, Oregon 97036 |a 501 (c) (3) organization
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: 2024 City Council Preferred Future, Goals, and Initiatives
Meeting Date: February 20, 2024
Report Date: February 13, 2024
Staff Member: Martha Bennett, City Manager
Department: City Manager’s Office
Action Required Advisory Board/Commission Recommendation
☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction
☒Consent Agenda
Staff Recommendation: Council adoption of the 2024 Council and Initiatives
Recommended Language for Motion: Move to adopt the City Council 2024 Goals and
Initiatives.
Project / Issue Relates To:
Issue before Council (Highlight Policy Question):
☒Council Goals/Priorities ☐Adopted Master Plan(s)☐Not Applicable
EXECUTIVE SUMMARY
On January 30, 2024 the City Council met to discuss the major goals and projects that the City
will undertake in the coming year. In all, Council agreed on 19 major initiatives under 8
different major goals.
8.3
Page 2
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
BACKGROUND
The City Council sets goals each year to provide strategic direction for the City, identify the
opportunities and challenges that face the community and the City, and set priorities for
Council time and City efforts. In effect, Council goals set the agenda for the coming year and
represent the consensus of the Council about the highest priority work elements.
DISCUSSION
After Council adopts its strategic workplan for the year, the City Manager will assign each of the
draft initiatives or work elements to a department or team of departments. The lead staff
person will develop a work plan for each initiative. The work plan will include the major steps,
the time expected to complete the work, the resources needed to complete the work, and
whether the resources are currently budgeted. The first report to Council will be the proposed
workplans and draft initiatives scheduled to come to Council either on your March 5 or your
March 19 City Council meeting
FISCAL IMPACT
Staff will identify potential resource or budget impacts as part of the workplans.
RECOMMENDATION
Staff recommends that the Council adopt the 2024 Council Goals and Initiatives.
ATTACHMENTS
1. 2024 Council Preferred Future, Goals and Initiatives.
2024 COUNCIL PREFERRED FUTURE, GOALS, AND INITIATIVES
For Adoption on February 20, 2024
Our Preferred Future
In 2040, Lake Oswego is a safe and welcoming community where people and families at all stages of life,
backgrounds, and abilities thrive. Our incomparable quality of life is founded on outstanding municipal
services; destination dining and shopping districts; innovative businesses; premier schools; varied
housing options; our spectacular setting along Oswego Lake and the Willamette River; a deep
connection to a beautiful and healthy natural environment; arts, cultural and educational opportunities;
and exceptionally engaged people.
Ensure a safe, secure, and prepared community
•Continue implementation of the process to increase preparedness of Lake Oswego residents,
especially seniors and people with disabilities, in the event of a disaster*
Support business investment and job creation in Lake Oswego
•Break ground on the North Anchor Redevelopment projects*
•Update the Lake Grove Urban Renewal Plan and begin work on a plan to use urban renewal to
support the redevelopment of Foothills *
•Implement the initiatives in the 2022 Economic Development Strategy*
•Develop a funding strategy for a longer-term contract with the Chamber of Commerce to
implement a portion of the 2022 Economic Development Strategy. Evaluate the possibility of the
business license fee as a funding option
Foster a welcoming and inclusive community where all people have the opportunity to
thrive and have equitable access to City services
•Continue efforts related to DEI, including: prioritize equity in the delivery of city services; formalize
a translation and interpretation policy; explore a partnership with LOSD to host an annual event
welcoming new residents to the city; and provide information on how to engage and ways to
access services and programs*
Combat climate change and strengthen the community’s resilience to climate impacts
•Adopt a facilities policy and fleet policy that integrates climate and sustainability. Integrate climate
goals and issues into the capital improvement plan
ATTACHMENT 1
• Develop strategies to increase clean energy use and energy efficiency decisions by residents and
businesses
• Adopt an updated Urban and Community Forest Plan. Begin implementation of any non-regulatory
elements in the plan. Start the process for targeted amendments to the Tree Code after adoption
of the Plan*
Strengthen public trust in the City through continuous improvement, outstanding
customer service, infrastructure investments, and fiscal stewardship
• Collaborate with the City of Portland to make a financially and environmentally responsible long-
term investment in a wastewater treatment plant*
• Develop a strategy for an all-ages and all-activities community center on the west side of town that
would include event and meeting spaces, public services, and may include library services.
Collaborate with LOSD and other stakeholders as part of this project
• Begin a needs assessment and community engagement process to rebuild the South Shore Fire
Station
• Conduct a long-term strategic review of the city's finances, including revenues, expenditures, and
capital funding*
Invest in Lake Oswego’s high-quality parks, natural areas, and recreational amenities
• Guide delivery of the LORAC and Golf Course and oversee the launch of operations of these
facilities*
• Adopt Parks Plan 2040*
• Prioritize and adopt a funding strategy for partially funded parks projects
Improve transportation connections, mobility and safety for all travelers and all types
of trips in Lake Oswego
• Continue construction of sidewalks and pathways, focusing on safe routes to schools*
• Adopt the "20 is plenty" speed program for residential/local streets
Conserve the community’s character, sense of place, and quality of life by planning for
change and growth
• Continue work on key housing initiatives, the housing production strategy, guiding the
HACC/Metro project on the Boones Ferry Road, and support for other non-profit led housing
projects*
*an asterisk indicates Council initiatives continuing from last year
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Resolution 24-07, Adopting a Supplemental Budget
Meeting Date: February 20, 2024
Report Date: February 2, 2024
Staff Member: Shawn Cross, Finance Director
Department: Finance
Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval
☒Public Hearing ☐Denial☐Ordinance ☐None Forwarded
☒Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction☐Consent Agenda
Staff Recommendation: Adopt Resolution 24-07 as submitted.
Recommended Language for Motion: Move to adopt Resolution 24-07, modifying the 2023-
25 biennial budget through a supplemental budget.
Project / Issue Relates To: 2023-25 Biennial Budget
Issue before Council (Highlight Policy Question):
☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable
BACKGROUND
Throughout a budget year, new information may give reason to make adjustments to the
adopted budget. Local Budget Law allows these adjustments under certain conditions and with
certain requirements. This request is brought forward as a consent resolution transfer and
does not require a public hearing.
DISCUSSION
This budget amendment is requested after a staff review of the comparison of actual biennium-
to-date revenues and expenditures with the current budget. Budgets were also evaluated to
10.1
Page 2
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
ensure there was sufficient appropriation for transactions that will occur before the end of the
biennium (Bn).
Explanations for all of the adjustments contained in this supplemental budget are included
below.
• The Parks Bond Fund needs to reallocate some appropriations from Bn 2021-23 to Bn
2023-25. A few of the capital projects costs were not as high as we estimated they
would be during the budget process. The projects are still on track for overall project
cost, the timing of when the expenditures are happening has changed. Because of this
the fund started the biennium with a larger beginning balance than was budgeted. Now
we are basically rolling over those appropriations into to current biennium from the
previous. The expenditures pertain to the Willamette Greenway and Golf Course
projects.
The same rollover of appropriation is needed for both the Stormwater and Street Funds.
The expenditures originally estimated to happen in Bn 2021-23 are now happening in Bn
2023-25. The Stormwater Fund projects are specifically the Daniel Way, Lake View
Boulevard, and the Blue Heron Outfall projects. The North Shore Bridge, Lake View
Boulevard, and the ’22 Pathway Program projects are the projects for the Street Fund.
• The SDC Fund needs an adjustment related to the Jean Road Signal project. The scope
of the project has increased requiring additional funding. The additional amount will
come from both a larger beginning balance than originally budgeted and a small amount
from the Fund’s contingency.
• The Water Fund is requiring an adjustment to continue the Automated Meter
Infrastructure (AMI) project. The City has been working on the residential meters for
the past few years. With this phase of the project nearing completion early than
originally budgeted, it is time to transition to the commercial meters. This adjustment
covers the cost of purchasing all the meters and the labor to have them installed. It is
coming from a larger beginning balance than originally budgeted due to savings and
higher summer revenues due to a dry summer in fiscal year 2022-23.
FISCAL IMPACT
The fiscal impact is described in detail on the resolution itself.
RECOMMENDATION
Adopt Resolution 24-07
ATTACHMENTS
1. Resolution 24-07
RESOLUTION 24-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ADJUSTING THE
BUDGET FOR THE BIENNIUM COMMENCING JULY 1, 2023 BY ADOPTING A SUPPLEMENTAL
BUDGET, APPROVING RESOURCES/REQUIREMENTS, AND MAKING APPROPRIATIONS.
WHEREAS, Certain conditions and situations have arisen since the initial
preparation of the 2023-25 budget and necessitate changes in financial planning, now, therefore,
BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The City Council hereby adjusts the budget for biennium 2023-25 in the amount of $6,187,000.
Section 2. The City Council hereby authorizes:
A) The appropriation of resources and approval of requirements listed below;
B) The transfers of funds and transfers of fund appropriations as listed herein;
Parks Bond Fund Adopted Revised Difference
Resources:
Beginning Balance 9,426,781$ 10,659,781$ 1,233,000$
Requirements:
Parks Bond Department 2,440,000$ 3,673,000$ 1,233,000$
1,233,000$
Explanation of Major Changes:
To roll over expenditure appropriation from the prior biennium for the Willamette Greenway and Golf
Course projects.
Water Fund Adopted Revised Difference
Requirements:
Water Department 29,264,000$ 31,309,000$ 2,045,000$
Contingency 3,608,068 1,563,068 (2,045,000)
-$
Explanation of Major Changes:
For the purchase and installation of the commercial AMI meters.
Stormwater Fund Adopted Revised Difference
Resources:
3,863,521$ 5,063,521$ 1,200,000$
Requirements:
Stormwater Department 10,295,000$ 11,495,000$ 1,200,000$
Explanation of Major Changes:
To roll over expenditure appropriation from the prior biennium for the Daniel Way, Lake View Blvd, and
Blue Heron Outfall projects.
Resolution #24-07 Page 1 of 2
ATTACHMENT 1
Street Fund Adopted Revised Difference
Resources:
Beginning Balance 10,056,670$ 12,681,670$ 2,625,000$
Requirements:
Street Department 25,294,000$ 27,919,000$ 2,625,000$
Explanation of Major Changes:
To roll over expenditure appropriation from the prior biennium for the North Shore Bridege, Lake View
Blvd, and '22 Pathway Program projects.
System Development Charges Fund Adopted Revised Difference
Resources:
Beginning Balance 18,954,849$ 20,083,849$ 1,129,000$
Requirements:
System Development Charges Dept 9,200,000$ 10,700,000$ 1,500,000$
Contingency 12,600,849 12,229,849 (371,000)
1,129,000$
Explanation of Major Changes:
To cover the costs for the increase in scope for the Jean Road Signal project.
Considered and enacted at a regular meeting of the City Council held on the 20th day of February, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
Joseph M. Buck, Mayor
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
Resolution #24-07 Page 2 of 2
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Urban and Community Forest Plan Update (PP 21-0008)
Meeting Date: February 20, 2024
Report Date: February 9, 2024
Staff Member: Jessica Numanoglu, Director
Department: Community Development
Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded
☐Resolution ☒Not Applicable
☐Information Only Comments:
☒Council Direction☐Consent Agenda
Staff Recommendation: Provide feedback on an early draft of the updated Urban and
Community Forest Plan (UCFP).
Recommended Language for Motion: N/A
Project / Issue Relates To: Climate action and urban forestry
Issue before Council: Staff is seeking feedback on the Draft UCFP with regard to vision
alignment, key findings, guiding principles, strategic plan actions, and potential future
revisions to the Tree Code.
☒City Council Goal: “Combat climate change and strengthen the community’s resilience to
climate impact.” Initiative: “Update the Urban and Community Forest Plan using the findings
of the 2022 State of the Urban Forest Report.”
EXECUTIVE SUMMARY
The Draft UCFP, presented in Attachment 1, addresses Urban Forest Sustainability and Urban
Forest Management, and includes a review of existing codes, plans and policies, and a Strategic
Plan outlining specific actions based on guiding principles that emphasize a well-funded urban
11.1
Page 2
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
forest, environmental and social benefits, improved quality of life, resilience to climate change,
and a balance between trees, housing needs, and infrastructure.
On December 28, 2023, the Draft UCFP was posted online and in late January 2024 was
reviewed in two joint work sessions by boards and commissions as well as with stakeholder
focus group members. A summary of the comments and feedback received is attached to this
report for the Council’s consideration in its review of the Draft UCFP. Further refinements will be
made to the next draft of the UCFP based on feedback from the public, boards and commissions,
stakeholders and Council. The next draft of the UCFP will be reviewed by the Council in May
before the final draft is presented for adoption by the Council in June.
BACKGROUND
2007 Urban and Community Forestry Plan
The City’s original Urban and Community Forest Plan (UCFP) was completed in 2007
(Attachment 2). The overall goal of the plan was to create a comprehensive, sustainable, and
integrated approach to tree management on both public and private property. It contains goals
and actions for: Stewardship and Education, Forest Health, Forest Size/Canopy, Tree
Maintenance, Invasive Species, Program Integration, and Funding.
The Plan also included an action measure recommending that the city produce an annual State
of the Urban Forest Report (SURF) to provide quantitative information about the size and
condition of Lake Oswego’s urban forest and the functions it serves. The first SURF was
completed in 2009, but was not updated until 2022. The 2022 SURF (Attachment 3) provides
important baseline data that helped inform the current update to the UCFP.
Need for an Update to the Urban and Community Forestry Plan
Since the 2007 UCFP was adopted 17 years ago, plans, policies and codes relating to urban
forest management have been updated or adopted by the City, including the 2016 adoption of
the Healthy Ecosystems Chapter of the Comprehensive Plan, 2020 Sustainability and Climate
Action Plan, 2022 Natural Areas Habitat Management Plan, and 2022 SURF. While the 2007
UCFP contains action measures that are currently implemented and remain relevant today,
there are issues, such as climate change, and emerging threats, such as invasive pests (Emerald
Ash Borer and Mediterranean Oak Borer) and wildfire risks that are not addressed in the 2007
Plan.
The UCFP update was initiated in response to the 2022/2023 City Council goal to “combat
climate change and strengthen the community’s resilience to climate impacts” after the update
to the SURF was completed in December 2022.
Tree Code
The purpose of the City’s Tree Code (LOC Chapter 55) is to maintain the wooded character of
the City and protect trees as a natural resource by regulating the removal of trees and
prescribing protection measures to prevent damage to trees during site development. LOC
Page 3
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Chapter 55 also contains the Heritage Tree provisions for nominating and recognizing Heritage
Trees in the City.
During public outreach conducted over the summer for the update to the UCFP, many of the
comments that were received focused on the Tree Code (see Attachment 1, Appendix A:
Community Engagement memo). While the Tree Code is an important regulatory tool to help
the City achieve certain urban forest management policy objectives, it is not a mechanism to
manage the whole health and integrity of the urban forest ecosystem; rather, that is the
purpose of the UCFP.
The Draft UCFP addresses the Tree Code starting on page 37 of Attachment 1 and in Appendix
C: Municipal Code Redline. Please note that amendments to the Tree Code are not part of the
scope of work for the UCFP update. The Council is set to adopt a Goal for 2024 that includes an
initiative to start the process for targeted amendments to the Tree Code after adoption of the
updated UCFP later this spring. Tree Code amendments will be a separate process that will
include broad community engagement and consultation with the Council and City boards and
commissions.
DISCUSSION
Draft Urban and Community Forest Plan
The Draft UCFP is included in Attachment 1 and consists of the following documents:
• Urban and Community Forestry Plan Update Draft
• Appendix A: Community Engagement Memo
• Appendix B: Pest Risk Assessment
• Appendix C: Municipal Code Redline
The purpose of the UCFP is to bring together policies, practices, and plans related to Lake
Oswego’s urban forest and serve as a planning and policy tool to guide management of the
urban forest as a valuable community asset. The Draft updated Plan addresses Urban Forest
Sustainability, Urban Forest Management, includes a review of current City Urban Forest Codes,
Plans and Policies along with recommendations, and a Strategic Plan outlining specific actions
based on the following guiding principles:
• An urban forest that is cared for through sufficient financial investment;
• Maintain the urban forest as a living asset to ensure it can reach its potential to provide
the full range of environmental and social benefits and services;
• An enhanced quality of life for community members;
• A resilient urban forest that is well prepared for climate change; and
• An urban forest that balances trees, housing needs and infrastructure.
Page 4
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Work on the UCFP update began in Spring 2023 starting with a review and analysis of all current
City plans, policies and codes related to the urban forest as well as interviews with key City staff
in all departments involved in the regulation, maintenance or planting of trees, and a kickoff
meeting with the Council. Community engagement activities were conducted over Summer
2023 and included focus group meetings with stakeholders, outreach at two City events, an
online survey that received 582 responses, and outreach through social media and City
newsletters. Throughout the project a Technical Advisory Committee (TAC) consisting of City
staff with subject matter expertise, a member of the Oswego Lake Watershed Council, and a
state representative from the Oregon Department of Forestry has provided input on the
process and feedback on work products. The project is scheduled to be completed in June 2024.
Public Comments and Board/Commission Feedback on Draft UCFP
In January 2024, staff and the project consultant attended two joint work sessions, one with the
Planning and Development Review Commissions (January 22) and one with the Parks,
Recreation and Natural Resources and Sustainability Advisory Boards (January 24), and held an
online meeting with stakeholders (January 25) in order to receive feedback on the Draft UCFP.
The Draft UCFP was posted on the project web page on December 28, 2023, to allow sufficient
time for review by the public and board and commission members prior to these meetings. A
summary of the feedback from the joint study sessions and the stakeholder meeting is included
in Attachment 5.
Ten written public comments on the Draft UCFP were also received. The comments are
summarized in Attachment 4, with the full written comments included in Attachments 4-A
through 4-J.
Request for Council Feedback
The version of the UCFP in Attachment 1 is an early draft that will be further refined from
feedback received from the Planning and Development Review Commissions, the Parks and
Natural Resources and Sustainability Advisory Boards, Stakeholder Focus Groups, and the
Council.
To help guide the discussion at the study session, please consider the following questions in
your review of the Draft UCFP:
• Does the vision statement (see page v of Atachment 1) of the UCFP reflect the ideal vision
for the future state of Lake Oswego’s urban forest?
• Are there addi�onal key findings in the UCFP that should be highlighted (see pages 7-8 of
Atachment 1)?
• Do the guiding principles of the strategic plan reflect the Lake Oswego community’s values
and priori�es for the urban forest (see pages 47-48 of Atachment 1)? Are there specific
values and priori�es that could be beter represented?
• Will the ac�ons in the strategic plan help the City progress towards achieving its vision for
the urban forest (see pages 48-52 of Atachment 1)?
Page 5
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
• Are the recommended amendments to the Tree Code on pages 39-40 of Atachment 1 in
alignment with community values and priori�es for the urban forest?
ATTACHMENTS (LINKS)
1. Urban and Community Forestry Plan Draft 3: Boards/Commissions/Focus Group/City Council
Appendix A: Community Engagement Memo
Appendix B: Pest Risk Assessment
Appendix C: Municipal Code Redline
2. 2007 Urban and Community Forestry Plan
3. 2022 State of the Urban Forest Report
4. Summary of Table Written Public Comments on Draft 3 UCFP
4-A Todd Prager Comments on UCFP, 12-30-23
4-B Todd Prager Comments on Appendix C of UCFP, 01-05-24
4-C Tom Bland Comments on UCFP, 01-11-24
4-D Mike Buck Comments on UCFP, 01-11-24
4-E Betsy Wosko Comments on UCFP, 01-15-24
4-F Deanne Knipple Comments on UCFP, 01-15-24
4-G Kathleen Wiens Comments on UCFP, 01-15-24
4-H Kelly McCall, Renaissance Homes, Comments on UCFP, 01-15-24
4-I Mark Puhlman Comments on UCFP, 01-15-24
4-J Stephanie Wagner, OLWC, Comments on UCFP 01-15-24
5. Summary of Board/Commission and Stakeholder Comments
To view these documents and other documents in the public records folder, visit the Planning
Project web page:
https://www.ci.oswego.or.us/planning/urban-community-forestry-plan-update