Approved Minutes - 2024-02-20 o s�
CITY COUNCIL REGULAR MEETING
MINUTES
V +� February 20, 2024
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6. CALL TO ORDER, CITY COUNCIL
Mayor Buck called the regular City Council meeting to order at 3:58 p.m. on Tuesday,
February 20, 2024. The meeting was held both via video conferencing and in-person in the
Council Chamber at City Hall, 380 A Avenue.
Present: Mayor Buck, Councilors Mboup, Rapf, Corrigan (via video conferencing),
Afghan, Wendland, and Verdick (via video conferencing)
Staff Present: Martha Bennett, City Manager; Ellen Osoinach, City Attorney; Kari Linder,
City Recorder; Shawn Cross, Finance Director; Jessica Numanoglu,
Community Development Director.
Others Present: Abby Beissenger, Consultant with Dudek (via video conferencing);
Morgan Holen, Contract Arborist with Morgan Holen & Associates
7. PUBLIC COMMENT
No Public Comment was provided.
8. CONSENT AGENDA
8.1 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).
8.2 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.
8.3 2024 City Council Goals and Initiatives.
Motion: Move to adopt the City Council 2024 Goals and Initiatives.
City Council Regular Meeting Minutes Page 1 of 8
February 20, 2024
END CONSENT
Councilor Wendland moved to adopt the Consent Agenda. Councilor Afghan seconded the
motion.
A voice vote was held, and the motion passed, with Mayor Buck and Councilors Mboup,
Rapf, Corrigan, Afghan, Wendland, and Verdick voting `aye,' (7-0).
9. ITEMS REMOVED FROM CONSENT AGENDA
No items were removed from the 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.
Ellen Osoinach, City Attorney, reviewed the hearing procedures and asked if any Councilor
had a financial conflict of interest declare. None were heard.
Shawn Cross, Finance Director, presented the Council Report and noted the requested
adjustment was a normal budget supplement that was often necessary at the beginning of a
budget cycle. The adjustment would roll over authorization for capital projects that were not
completed in the last budget cycle and move funds from Contingency to the Systems
Development Charge (SDC) fund to increase funding for the Jean Road project necessitated by
a change in scope. In addition, the request would authorize movement of funds from Contingency
to the Water Fund to purchase and install commercial meters as part of the Automated Meter
Infrastructure (AMI) project. The AMI project had moved faster than anticipated, and the City had
moved from residential meters to commercial meters. The authorization would enable the Water
fund to purchase and install the commercial meters.
Mayor Buck opened the public hearing, confirmed there was no public testimony, and closed
the public hearing.
Councilor Afghan moved to adopt Resolution 24-07. Councilor Rapf seconded the motion.
A voice vote was held, and the motion passed, with Mayor Buck and Councilors Mboup,
Rapf, Corrigan, Afghan, Wendland, and Verdick voting `aye,' (7-0).
Council took a recess from 4:02 p.m. to 4:10 p.m.
11. STUDY SESSION
11.1 Urban and Community Forest Plan Update.
Jessica Numanoglu, Community Development Director, introduced the consultants, Abby
Beissenger and Morgan Holen who worked on the draft plan with City Staff, noting the plan was
an early draft and did not include an executive summary or a complete introduction. Some
information presented was out of date but included as placeholder information. The Council's
City Council Regular Meeting Minutes Page 2 of 8
February 20, 2024
packet included an attachment with public comments received in January and a summary table
of the comments.
Abby Beissenger, Consultant, Dudek, presented the draft Urban and Community Forestry Plan
(UCFP) via PowerPoint, reviewing what the plan could help the City accomplish, the steps to
developing the plan, the draft vision statement, key findings, strategic plan, as well as Tree Code
recommendations. An overview of the public review process was provided along with a summary
of comments from the public as well as boards and commissions.
Council feedback on key discussion points noted in the meeting materials was as follows with
responses to Councilor questions as noted:
• Does the vision statement of the UCFP reflect the ideal vision for the state of Lake Oswego's
Urban Forest?
Ms. Beissenger noted the definition of urban forest was included in Chapter 3 of the draft plan.
A community forest was intended to represent all the trees within the urban ecosystem, not only
the trees, but the ecosystem itself. All the trees within Lake Oswego would be comprised of the
community forest. Mayor Buck confirmed the terms, "urban forest" and "community forest" were
synonymous.
Councilors suggested including the word "managed" in the vision statement as "protected" could
be a one-sided term. The City valued trees and wanted to protect trees, but a forest had to be
managed as an entity. Sustainable forest ecosystems require management. The forest was what
mattered, not individual trees. Invasive species and non-native plants had to be controlled as part
of forest management and should be a part of the vision statement.
Councilors believed the word "urban" should be part of the vision statement. The City tried to
create harmony between the elements that made up the urban forest and the elements necessary
for the welfare of the society that inhabited the area, such as housing, transportation, and other
critical infrastructure. The guiding principles included some of that thought, but it should be part
of the vision statement. Leaving the urban element out of the vision failed to recognize what it
was. Throughout the plan the term "urban forest" was used, but the vision statement used the
term "community forest", which was the only time the term was used outside of the title of the
plan.
• Are there additional key findings in the UCFP that should be highlighted?
Councilor Rapf noted the third point on the key findings slide should be amplified.The City should
focus on combatting misinformation and sharing information more regularly and comprehensively.
Councilors agreed key findings should include recognition of the previous plan, which had been
thoughtful and well implemented. The draft report showed that Lake Oswego's tree canopy had
increased from the turn of the century because of the good work done by the Council's
predecessors, the City team, and the community at large; the tree canopy had increased despite
redevelopment.
Councilor Mboup believed the key findings should ask the community to act, and activism should
be practical and involve more than protesting tree removal. Residents should join in work parties
to remove invasive species and help to manage the forest.
City Council Regular Meeting Minutes Page 3 of 8
February 20, 2024
Director Numanoglu clarified the City's tree maintenance responsibilities, noting that the City did
receive calls from homeowners asking the City to remove a tree in the right-of-way in front of their
houses, but the City did not have the resources to take care of every single tree in the right-of-
way. It was not clear to residents whose responsibility it was to care for and maintain those trees.
The Public Works Department did a good job of helping people out in some situations, particularly
in situations where the tree was a hazard to the public right-of-way, but the City did need to be
clearer on what those responsibilities were. In addition, when the City planted street trees it would
maintain them for a few years, but eventually the tree would be the responsibility of the abutting
property owner, which was not clear.
Councilor Afghan believed the second key finding, "Lake Oswego has a dense canopy and
should prioritize canopy management and maintenance" was an outcome. He would prefer to
have a finding that referenced climate change and what the City would like in the future versus
protecting what it has now. Mayor Buck noted regrowth was referenced in the strategic plan
portion of the draft. Councilor Afghan replied that the verbiage of the finding may cause trouble
in the future with voters who may argue the City did not fulfill its promise to protect the City's
canopy.
Councilor Wendland believed the priority should be forest management rather than canopy
management. All the key findings were tree related, and there was more to a forest than trees.
One key finding in the draft report data was that Lake Oswego had an invasive species problem,
and those species were killing the trees everyone was trying to save. If that was not highlighted
as a key finding, then the City was not doing its job but looking myopically at one part of the forest.
Councilor Rapf agreed with Councilors Wendland and Afghan, adding that the strategic plan
should pull up to 30,000 feet and take a more holistic approach that included wildlife, water, and
invasive species. The word "protect" put the City on an awkward path long term. He preferred
focusing on "management" because it encompassed protection in certain circumstances and
conservation in others. "Conservation," was another word that gave the City flexibility.
Morgan Holen, Contract Arborist, Morgan Holen & Associates, clarified that the State of the
Forest Report did include a chapter on major findings about threats, which included invasive
species, wildfire, drought stress, development. The key findings in the draft plan before the
Council had more to do with what Dudek learned from public outreach and research. Ms.
Beissenger added that the key findings in the draft report built upon the great work done in the
State of the Urban Forest. The draft took that information and moved forward with the key findings
learned through the analysis where the City could address or adjust its resources to move forward
with a strategic plan. The plan did a pest readiness assessment to identify how prepared the City
was, and there were actions regarding climate change as well. The key findings were the bold
summary statements; each finding had a paragraph explanation. What the Councilors were
reading now was a snippet of what was encompassed within each of the findings.
Councilor Wendland stated that if the focus of the issue was not included, people would not
have trust in the report. The feedback from special interest groups was reflected throughout the
report, but those interests were not necessarily a scientific method of gathering information. The
Council represented all of Lake Oswego and had to look holistically at what people wanted the
City to do to manage the urban forest, which included fire prevention and falling trees. The key
findings addressed trees, but not the issues Councilors were discussing.
City Council Regular Meeting Minutes Page 4 of 8
February 20, 2024
City Manager Bennett suggested the Councilors consider the intentions of those who
participated in public comment.
Mayor Buck commented that everyone had equal opportunity to participate in putting the plan
together. The Council should focus on what was in the plan and good feedback on its contents. It
should not assign motives to the people who participated in putting the plan together.
Councilors agreed the report included information about threats to the urban forest, but it did seem
obtuse to not include threats as a key finding given that the changing climate and conditions and
organic threats to the forest were a large part of how the City should approach management.
Some of the findings could be tweaked to do a better job of highlighting what was in the report
and the public's concerns around climate change, disease, pests, and so forth, as well as the role
that the community and individuals within the community could play to take better responsibility.
Councilors discussed whether the key findings adequately reflected other important goals for the
City, such as housing. The community at large wanted to find ways to accommodate growth and
change in a manner that was consistent with good urban forest management and stewardship
principles. The community was passionate about housing and the urban forest, so communication
and education were needed to bring everyone onboard to find symmetry between the goals to
move the city forward in a cohesive way.
Mayor Buck noted needed housing was in state statute, so "needed housing" with marks
diminished the term. An asterisk could be used to define the term per state statute and definition.
Within the details of the third finding was language about needing to make the Tree Code clear
and objective, but that should be its own finding for organizational purposes. The third finding
seemed like a big finding with a lot of disconnected parts.
• Do the guiding principles of the strategic plan reflect the Lake Oswego's community's values
and priorities for the Urban Forest?Are there specific values and priorities that could be better
represented?
Councilor Rapf believed property rights should be added to the fifth guiding principle so that it
read, "balances trees, housing needs, infrastructure, and property rights." Councilor Mboup did
not believe the phrase needed to be added because property rights were protected by the
Constitution. People could buy property in Lake Oswego and if they wished to cut a tree down,
there was a process they had to follow. Strategies in the plan outlined what the City would do to
reflect those who wanted to protect trees as well as the needs of property owners and developers,
and what was necessary to increase housing. Councilor Rapf believed property owners had to
be included in the fifth guiding principle, so residents understood the City had considered the
issue from all angles. Mayor Buck said he understood Councilor Rapf's point, adding it was an
issue of balance.
Councilor Corrigan suggested the fourth guiding principle be changed to say, "a resilient urban
forest that combats climate change and is well prepared." The change would acknowledge the
2024 Council Goal to combat climate change and strengthen the community's resilience to climate
impacts. The statement should also make some kind of acknowledgement that trees absorb
carbon from the atmosphere which helped to reduce greenhouse gases, a commitment the City
had made and was required by the State. Ms. Beissenger noted the definition of number four
included reduced urban heat islands, increased energy efficiency, and resilience to storms,
City Council Regular Meeting Minutes Page 5 of 8
February 20, 2024
draught, heat, pests. Carbon was not specifically mentioned in the definition but could be added
to the guiding principle.
Councilor Wendland suggested Guiding Principle 5 should be inclusive of everyone in the city.
The phrase "housing needs" did not address the need to balance trees and infrastructure.
Businesses and other entities, such as the school district and the City, should be reflected.
Further, he was not sure what "enhanced quality of life for community members" meant. Ms.
Beissenger replied the phrase specifically referred to the benefits and services provided by the
urban forest, such as the urban heat island effect and stormwater reduction. The actions within
that specific guiding principle discussed the need for community education, increasing internship
programs, community outreach, and things along those lines.
Councilors noted many specific action items were noted below guiding principles, but the
principles should be more specific to make it clear what the City was trying to accomplish without
setting off any triggers to make people feel their lives were being too encroached upon.
The Council discussed the need for an action that identified items with budget impacts. Some
items in the strategic plan came within the current scope of operations, but other additions should
include a budget for the planning purposes. In addition, the final document should define
timeframes, such as short-term versus medium-term.
The plan should include ways to incorporate the community to create lifelong stewards of the
forest, perhaps through a partnership with the School District. The plan identified areas of town
lacking in canopy and where the Tree Fund could be used for mitigation, especially around stream
corridors.
Items 1(d) and 1(a) both involved the budget and could be one item.
• Are the recommended amendments to the Tree Code in alignment with community values
and priorities for the Urban Forest?
Councilor Wendland commented that the Tree Code did not seem user-friendly, even with the
changes suggested in the draft. Director Numanoglu replied the draft was not intended to be a
full audit of the Code but a high-level look at the recommendations. A discussion about necessary
changes to ensure clear and objective standards would take place later this year once the Urban
and Community Forestry Plan was complete.
Ms. Beissenger clarified that the proposed minimum canopy retention included in the draft was
based on comparisons to other jurisdictions that had recently imposed minimum standards to
maintain existing canopies. Mayor Buck noted the draft minimum canopy retention proposal did
not include residential, but stated, "commercial, multifamily, and industrial." Ms. Beissenger said
those were the requirements for new development in commercial, industrial, and multifamily
zones in Renton's and Vancouver's Code. Director Numanoglu added the standard would be
difficult to administer on residential properties.
Councilors suggested items 1 and 5 in the proposed Tree Code changes, both of which addressed
mitigation being combined and discussed strategies to mitigate tree removal that would offer
residents options. Only 9 percent of residents now paid into the Tree Fund in lieu of planting a
new tree. If that option was offered to more people, the City could create a larger fund and
maximize its efforts towards its overall goals. Mitigation alternatives could strike a balance to offer
City Council Regular Meeting Minutes Page 6 of 8
February 20, 2024
people alternatives, and the Code could offer alternatives in terms of heights and setbacks, so
people pursue common sense preservation of onsite trees. The fee-in-lieu of mitigation should be
financially on par with planting a tree and more transparency around tree cutting permits would
be useful. Councilors were pleased a mitigation monitoring plan was included in the draft.
Director Numanoglu noted that if mitigation was associated with a building permit or
development, Staff verified all mitigation trees were planted. If mitigation was part of a
commercial, multifamily, or a minor development, there was a one-year guarantee, but there was
no program to follow up on tree plantings to assess survival rates.
City Manager Bennett commented that the City Council did not need to decide on the outcome
of any suggested Code changes this evening but provide Staff with feedback on whether the right
topics were included in the draft. When the Council looked more closely at minimum canopy
retention or considered increased tree removal mitigation requirements, it would have the
opportunity to lay a policy filter on top of the draft code. The Council had to weigh policy objectives
against practicality and affordability, and there would be tradeoffs.
Mayor Buck asked if increasing permit types that require mitigation was one of the intended
actions. Director Numanoglu replied the City could require mitigation for all permit types, but
Staff did not know whether it would be practical and there were tradeoffs. Ms. Holen added that
Action Item 2(o) required mitigation trees to be planted for all tree removal permit types with viable
planting areas on site or allow payment into the Tree Fund if Staff determined there was
insufficient space to replant. Action Item 1(g) was a short-term action to establish guidelines for
utilizing the Tree Fund for tree planting, care, and a program to support tree giveaways to private
property owners, such as the Westlake Homeowners Association.
Councilor Wendland said the draft needed to detail logistics of implementation. He understood
the changes to the Tree Code were part of the Forestry Plan, but it took the focus away from the
forest.
Mayor Buck added that the point of this plan was management of the urban forest. The
Sustainability and Climate Action Plan focused on climate change. While the plans worked
together, the Forestry Plan focused on the health of the urban forest.
Director Numanoglu said the Council's feedback would be reflected in the next draft presented
to the Council in May. The Council's comments were like those offered by other groups, though
the discussion by Council was more in depth.
12. INFORMATION FROM COUNCIL
Councilor Rapf stated that the Audit Committee had met earlier in the day to discuss the 2023-
2024 audit of City Finances. The City came through with glowing results from Marino and
Company thanks to Brad Stephens and Shawn Cross and their financial stewardship.
Councilor Verdick provided an update on Long Range Facilities Planning Committee for the
School District. She was honored to sit on the Committee, learn about the improvements that had
been made to some of the schools, as well as what improvements were still needed and/or
planned. She had been on a tour of Forest Hills Elementary and planned to tour Lake Grove. She
had also toured River Grove, which would be a fantastic new elementary school set to be
completed for the next school year. The Committee discussed what should be done with the
City Council Regular Meeting Minutes Page 7 of 8
February 20, 2024
property vacated by the bus barn at Lake Grove, which could potentially include the use of urban
renewal funds for a community center/library. The School District first needed to determine what
was in its best interest and how it wished to move forward and she was looking forward to further
discussions.
Mayor Buck stated that he has been following the short list legislative session closely and the
city has been engaged on Measure 110 and the housing discussions. There is still a special sub-
committee meeting on transportation and will be providing communications in the future at the
conclusion of the joint sub-committee sessions in anticipation of 2025. City Manager Bennett also
added that the Police Chief testified in support of Representative Nguyen's bill to form a committee
for e-bikes, scooters, etc. and the regulations around electronic mobility.
Mayor Buck went on to say that the Metro Mayors have been engaged in the housing discussion
and met with a wide array of legislators on Measure 110 and housing. Those are topics that
continue to be discussed and worked through, but not necessarily in public meetings.
13. REPORTS OF OFFICERS
City Manager Bennett noted that there is also a proposed temporary fix for recreation immunity
in the legislature defining activities that are clearly recreational. In conclusion, she noted that
Megan Phelan will be City Manager Pro Tern in her absence next week, beginning on Monday.
14. ADJOURNMENT, CITY COUNCIL
Mayor Buck adjourned the City Council meeting at 6:19 p.m.
Respectfully submitted,
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Kari Linde , City Recorder
Approve by the City Council on April 2, 2024.
Joseph M. Buck, Mayor
City Council Regular Meeting Minutes Page 8 of 8
February 20, 2024