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Approved Minutes - 2024-03-05 CITY COUNCIL REGULAR MEETING MINUTES V + — March 5, 2024 OR EGO 1. CALL TO ORDER Mayor Buck called the regular City Council meeting to order at 5:32 p.m. on Tuesday, March 5, 2024. The meeting was held both virtually via video conferencing and in-person in the Council Chamber at City Hall 380 A Avenue. 2. ROLL CALL Present: Mayor Buck, Councilors Rapf, Corrigan, Afghan, Wendland, Verdick, and Mboup Staff Present: Martha Bennett, City Manager; Ellen Osoinach, City Attorney; Kari Linder, City Recorder; Megan Phelan, Assistant City Manager; Eddie VanBuren, Deputy Public Works Director; Erica Rooney, Public Works Director I City Engineer; Shawn Cross, Finance Director; Kelli Byrd, ADA Coordinator; Jan Wirtz, Recreation Deputy Director; Robin Krakauer, Communications & Sponsorship Coordinator Others Present: Nicole Nathan, Executive Director of the Lake Oswego Arts Council; Barbara Goldstein of Arts Build Community (via video conferencing) 3. PLEDGE OF ALLEGIANCE Mayor Buck led the Council in the Pledge of Allegiance. 4. PROCLAMATIONS 4.1 Women's History Month. Mayor Buck read the proclamation declaring March as Women's History Month in Lake Oswego in recognition of the invaluable contributions, achievements, and resilience of all women throughout history, and noted the 2024 theme was empowerment through unity, celebrating diversity, and inclusion. The full text of the proclamation was available on the City's website. City Council Regular Meeting Minutes Page 1 of 10 March 5, 2024 4.2 Disability Awareness Month. Mayor Buck read the Disability Awareness Month proclamation. The full text of the proclamation was available on the City's website. Mayor Buck also announced a proclamation for National Drug & Alcohol Fact Week, which is March 18 to 24, 2024. He invited Jonathan Beldman and Johnathan Garcia from the West Linn High School Teen Advisory Board (TAB) Club provided background about TAB, asked City Council to help bring awareness to youth substance use prevention during National Drug and Alcohol Fact Week, and noted information about the week's events was available via social media. Mayor Buck thanked both students for speaking this evening, and for the leadership they provided amongst their peers. He recognized Pam Pierce, the adult leader of the TAB Club, who grew up in Lake Oswego and was the cofounder of Harmony Academy, a part of the Lake Oswego School District and the only recovery high school in the state. 5. PUBLIC COMMENT No Public Comment was provided. 6. CONSENT AGENDA 6.1 Approval of Meeting Minutes. January 11, 2024, Draft Special Meeting Minutes January 16, 2024, Draft Regular Meeting Minutes January 30, 2024, Draft Special Meeting Minutes — Retreat January 30, 2024, Draft Special Meeting Minutes Motion: Move to approve the meeting minutes as written. 6.2 Resolution 24-09, A Resolution of the City Council of the City of Lake Oswego Authorizing Application for a Local Government Grant from the Oregon Parks and Recreation Department Regarding Rassekh Park Phase 2. Motion: Move to adopt Resolution 24-09. END CONSENT Councilor Rapf moved to adopt the Consent Agenda. Councilor Mboup seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Rapf, Corrigan, Afghan, Wendland, Verdick, and Mboup voting `aye', (7-0). City Council Regular Meeting Minutes Page 2 of 10 March 5, 2024 7. ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 8. CONSENT AGENDA— Councilors Only 8.1 Resolution 24-13, A Resolution of the City Councilors of the City of Lake Oswego Approving the Appointment of an Alternate to the Parks, Recreation and Natural Resources Advisory Board. Councilor Wendland moved to adopt Resolution 24-13. Councilor Verdick seconded the motion. A voice vote was held, and the motion passed,with and Councilors Rapf, Corrigan, Afghan, Wendland, Verdick, and Mboup voting `aye', (6-0). Mayor Buck abstained. 9. PUBLIC HEARING 9.1 Resolution 24-05, A Resolution of the Lake Oswego City Council Adopting the Standards and Procedures to be used in Hiring a Municipal Judge. City Attorney Ellen Osoinach read the legislative hearing procedures, and asked if any Councilors had a financial conflict of interest regarding the item. None were heard. Megan Phelan, Assistant City Manager, presented the Council Report reviewing Resolution 24- 05 which outlined the standards and procedures proposed by Staff to recruit and hire the City's next municipal judge following the retirement of Judge Bruce Shepley later in the year. Mayor Buck inquired whether the Resolution and procedure were similar or identical to what the City used to recruit and hire for the City Attorney and City Manager positions. Assistant City Manager Phelan replied that it was similar, with the major exception being the City had deployed the services of an executive search firm for hiring those two charter officer positions in the last few years. However, the recommendation was that recruitment for this particular position be handled internally by the Human Resources Department. Mayor Buck opened the public hearing, confirmed there was no public testimony, and closed the public hearing. hearing none, he closed the public hearing. Councilor Verdick moved to adopt Resolution 24-05. Councilor Corrigan seconded the motion. Assistant City Manager Phelan clarified the Mayor was the point person for the Human Resources Department for any questions related to the recruitment, including the final review of the job announcement before it was posted. She confirmed that Council would still have a full interview. The Mayor would function as the representative of the full Council in any negotiations City Council Regular Meeting Minutes Page 3 of 10 March 5, 2024 with the final candidate. Any appointment agreement would come before the full Council for consideration and a vote. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Rapf, Corrigan, Afghan, Wendland, Verdick, and Mboup voting `aye', (7-0). 10. COUNCIL BUSINESS 10.1 Purchase of Advanced Meter Infrastructure (AMI) System Materials. Erica Rooney, Public Works Director I City Engineer, noted Staff was before the Council to ask for the continuation of the AMI program and to provide information to new Councilors and members and members of the general public. More and more members of the community were receiving the devices, and eventually the whole city would be on the devices. Eddie VanBuren, Deputy Public Works Director, presented the Council Report via PowerPoint, providing background on the AMI program, the progress to date, next steps, details of the sole sourcing request and cost of the project. Clarifying questions from Councilors were addressed by Staff as noted: • Tigard, Lake Oswego's water infrastructure partner, was in the process of conducting AMI pilot programs, though Tigard was considering a different system than Lake Oswego's with the same concept. • Staff did not believe the wireless water meters had the capability to turn water off remotely by the same signal used to send information about water usage to the City. Staff would confirm the City's agreements with device provider Core & Main and Neptune Technology, which provided the interface with the Lake Oswego's Tyler System, did not provide either company with homeowner's water usage or any other data. • Staff assumed the meters and data were firewalled and protected but would provide all the technical information regarding protections to Council as soon as possible. • The 18 percent cost reduction was on the individual industrial meters. • Olson was already under contract for the residential meters; the item before Council would add the industrial meters to that contract. • The replacement meter box lids were various sizes and totaled roughly$500,000 dollars. The lids were an accessory and not necessarily tied to the meter. The lids were readily fabricated and increased the wireless connectivity. Staff had compared prices regionally and nationally, and the rates the City was receiving for the lids were on par with market value. • The City had old meter lids on hand that were a mixture of metal and concrete while the new lids were a composite plastic. In most cases, the City had been putting in composite plastic with the new meters and this would allow that to continue. • The City paid a monthly service fee to Neptune, which was essentially a subscription fee for ongoing service support.The City could change the software that supported the infrastructure, but it was already in the Neptune network as a part of the process. Staff would confirm information in the contract about the monthly service rates. The City could turn back to manual meter reading as a failsafe should something happen with Neptune. Councilors expressed support for the project, noting the meters were useful and it was good for the city to be on one system. Some Councilors expressed concerns surrounding homeowner data protection and Neptune's monopoly on AMI in Oregon. City Council Regular Meeting Minutes Page 4 of 10 March 5, 2024 Councilor Rapf moved to approve the Sole Source Findings and authorize the City Manager to execute a contract with Core & Main LP for the purchase of Advanced Metering Infrastructure System materials for$1,900,000. Councilor Wendland seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Rapf, Corrigan, Afghan, Wendland, Verdick, and Mboup voting `aye', (7-0). 10.2 Resolution 24-10, A Resolution of the City of Lake Oswego, Oregon, Authorizing the Execution and Delivery of a Financing Agreement, Escrow Agreement and Related Sale Documents; Pledging the City's Full Faith and Credit to the Financing Payments Due Under the Financing Agreement; Authorizing the Execution and Delivery of the City of Lake Oswego, Oregon Full Faith and Credit Obligations, In One or More Series, In an Aggregate Principal Amount Not to Exceed $16,500,000 to Fund a Portion of a Wastewater Treatment Facility Project for the City and for Payments of Costs of Issuance of Such Full Faith and Credit Obligations; Designating Authorized Representatives and Delegating Authority; Declaring an Intent to Reimburse; and Related Matters; and Resolution 24-11, A Resolution of the City Council of the City of Lake Oswego Adjusting the Budget for the Biennium Commencing July 1, 2023, Approving Resources I Requirements, and Making Appropriations. Shawn Cross, Finance Director, stated Resolution 24-10 initiated the first debt issuance for the wastewater project to finance the acquisition of the three properties in Foothills, as well as the initial design work that had been completed. Resolution 24-11 would transfer the $16.5 million required by Resolution 24-10 into the budget. Clarifying questions and comments from Councilors were addressed by Staff as noted: • If the City decided against moving forward on the wastewater treatment plan or changed direction with the project, the impact would be a little over $1 million in debt service for the properties. The City would still own the properties, and the same properties would likely be needed if Portland expanded its wastewater treatment plant. • Funds would be available to cover the debt service in case of a project delay. Staff's model included debt issuance, subsequent debt issuance, and drafted payment from Portland in cash flow working together. The City would be able to meet its payment regardless, however, mainly due to the refinance of the 2009 and 2010 bonds that enabled cash flow to support the debt service. • The City did not get an advantage in rates and was currently at a disadvantage. Usually at this point, the City would do a line of credit because the short-term rates would be much lower, but right now the rate curve was inverted, and the City received better rates selling 20-25- year bonds than a one-to-three-year line of credit. Out 20 to 25 years, rates did not change much, and the City would still pay between 3 and 4 percent. The City would pay 5 percent on a 1-to-2-year line of credit. The City was estimating it would receive a 3 or 4 percent rate based on what it did six months ago, which was right under 4 percent. • The City would enlist the help of a financial planner and bond counsels to sell the bonds to major banks who would bid on the bonds in an open market. Each bond was categorized into different series; for instance, if the City issued 20-year bonds, there would be 20 series, and for 25-year bonds, there would be 25 series. Banks would buy and retain some of the series but could also sell some on the secondary market to investors. City Council Regular Meeting Minutes Page 5 of 10 March 5, 2024 • There would be a minimum of four bond issuances: one for property acquisition; a second to retain the Water Infrastructure and Finance and Innovation Act (WIFIA) loan from the EPA, capped at 49 percent; a third to finance the remaining 51 percent; and a fourth to finance the remediation of the old plant. • The advantage to the WIFIA loan was not necessarily the rate, which would be determined based on the treasury rate at the term's end, for example 35 years. The advantage of the WIFIA loan was it enabled the City to keep the ratepayer increase to 3.9 percent because loan payments were deferred for the three years of construction and five years afterwards. With WIFIA, the City could tailer payments to fit within the full faith and credit, and even delay full interest payments, allowing the City to maintain the 3.9 percent ratepayer increase. Although the WIFIA loan may incur more costs due to postponement, it worked similarly to an unsubsidized Stafford loan for student borrowers because it enabled the City to tailor the repayment in an affordable way. • Portland had already given Lake Oswego its portion of the land acquisition monies. The bond issuance was for Lake Oswego's portion of the land acquisition and the 0 to 90 percent of design that had been completed. Staff confirmed that Lake Oswego would hold the debt and Portland would pay its portion to the City. Councilor Wendland moved to adopt Resolutions 24-10 and Resolution 24-11. Councilor Verdick seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Rapf, Corrigan, Afghan, Wendland, Verdick, and Mboup voting `aye', (7-0). 11. STUDY SESSIONS 11.1 2023 Americans with Disabilities Act (ADA) Annual Progress Report. Public Works Director Rooney noted the ADA Progress Report being presented to Council was the first annual report designed to help the City stay on track and stay committed to the intentions and deliverables outlined in the previously approved ADA Transition Plan. She thanked the City Departments that participated with ADA Coordinator Kelli Byrd in meetings, tech groups, and collecting end-of-year data to share with Council. Kelli Byrd, ADA Coordinator, presented the Council report via PowerPoint, providing background on the City's adopted 2022 ADA Self-Evaluation and Transition Plan, the purpose of the Progress Report, usage statistics from the City's ADA Coordinator Office, and a summary of the City's All Ability Employment Resource Group. The presentation highlighted some the City's efforts and innovative programs, notable accessibility projects, and outreach initiatives aimed at accommodating individuals with disabilities. Councilors were encouraged to read the full Council Report which highlighted the remarkable achievements and progress the City had made over the last year. • She clarified the Public Works Department had installed 4,500 linear feet of new sidewalk segments along Douglas Way, Hallinan Street, and Boca Ratan Drive, not 45 feet as stated in the presentation. Councilors thanked Ms. Byrd for her work and commented that the assessments included in the report were well laid out and would make it easy to track improvements year-over-year. Clarifying questions from Councilors were addressed by Staff as noted: City Council Regular Meeting Minutes Page 6 of 10 March 5, 2024 • The TTY (teletypewriter) phone in the Police Department pictured in the presentation was in an interview room in case someone needed to make a call out from the Department. If someone used a TTY at home to call the Department, the call was received by Dispatch. • The City's new buildings, such as the Lake Oswego Recreation and Aquatic Center and Clubhouse, would be subject to an ADA design review with a consultant expert who would look at the plan sets and give feedback to the City to ensure the plans and buildings were accessible. • The main barrier to ADA work was money. For example, depending on the complexity, a single curb ramp could cost anywhere from $15,000 to $50,000. The City would have to be intentional with the money set aside for improvements. For many employees, time was a barrier. For example, it was a challenge for people who could not get time off work to attend the Employee Resource Group meetings. It would be wonderful if meetings could be on paid time as they were in other places. The meetings were planned using Staff's own time, so the City could lend additional support with stipends for leadership who planned meetings. • Ms. Byrd said she did feel supported by City management and believed the City had made great progress. The Transition Plan had a 15-year strategy and while Staff tried to keep things going at a good pace, meeting the goals would take a financial commitment from the City. • Director Rooney mentioned the Capital Improvement Plan allocated funds for ADA improvements, including curb ramps and sidewalks, along with the Pathway Program, Internally, Staff prioritized projects based on the ADA Transition Plan, which identified high- priority ramps and sidewalks for replacement, and assessed how projects overlapped in order to maximize investment returns and ensure high-priority projects were not overlooked. While there was no scientific formula, Staff's decisions were informed by the priorities of the various plans, including Safe Pathways to School and the ADA Transition Plan, and balanced those priorities with the Street Fund. All factors were considered simultaneously to make informed decisions while recognizing that sometimes other factors may influence prioritization beyond ADA requirements. Ms. Byrd confirmed she believed she had a voice at the table in the decision-making process. Mayor Buck noted that the scope of work was wide, so Ms. Byrd's help in identifying priorities was key. • City Manager Bennett stated the backlog of ADA projects was similar to the backlog of pathways projects, which was $240 million. Director Rooney noted that Ms. Byrd and Katy Kerklaan, a communications specialist and project manager for the Public Works Department, had updated the City's ADA website over the past year and users could find a link to the Transition Plan under key documents and reports on the lower right-hand side of the site. The Transition plan included a map showing the scope of work and cost estimates, though the estimates were now close to four years old. The report highlighted several thousand ADA ramps and other necessary items in locations such as the fire house, library, and Adult Community Center (ACC). While the City was making progress on the identified projects, the most significant expense was public right of way. Approximately $200 million was needed for public right-of-way ADA improvements and another$200 million for pathway projects, so there was some overlap. The ADA-specific line item in the City's biennial budget had increased from about $70,000/$100,000 to $700,000, partly due to the Street Maintenance Fee increase. • Staff planned to return to the Council in spring with plans for the ADA Curb Ramp Program, which would be similar in design to the Pavement Management Program. Staff would propose a five-year plan and work with one designer to implement several projects each summer, year after year. Staff were in the midst of putting the plan together and selecting a consultant. Ms. Byrd would play a significant role in that discussion and the subsequent presentation to the Council later this spring. City Council Regular Meeting Minutes Page 7 of 10 March 5, 2024 Mayor Buck commented that certain aspects of the plan for the built environment were costly, but the report noted numerous accomplishments over the past year that were simple improvements, such as larger print, which made a significant difference. There was a considerable amount of strategic long-term work on the capital expenditure side, and the City would continue to support Ms. Byrd's initiatives that were easier to implement programmatic changes and adjustment to City procedures which did not cost money but still had a large impact. Council took a break from 6:53 p.m. to 7:05 p.m. 11.2 Arts Council of Lake Oswego Program Update. Nicole Nathan, Executive Director, Lake Oswego Arts Council (LOAC), presented the 2022- 2023 Annual Update via PowerPoint, providing background on LOAC's programs; summarizing LOAC's accomplishments, installations, and repairs, as well as efforts at the Lake Oswego Recreation and Aquatics Center (LORAC); and highlighting pieces in the City's permanent collection. She also reviewed the makeup of the Public Art Committee and briefly summarized the Public Art Master Plan (PAMP). Clarifying questions from Councilors were addressed as follows: • Executive Director Nathan believed LOAC was getting better at representing Diversity, Equity and Inclusion (DEI) values, though it had not accomplished all it would like to on behalf of the City. The diversity of the artists who participating in LOAC's programs, such as 1.5 Percent for Art and Gallery Without Walls, was growing and represented work that had not been seen before, and LOAC tried to think about public art beyond three dimensional public sculptures. Incrementally, as time, effort, and money allowed, LOAC was reaching DEI goals. • Installing public art in neighborhoods was a goal of LOAC and worked not just through the Neighborhood Enhancement Program. LOAC worked closely with Erik Olson, the City's Long Range Planning Manager who oversaw the Neighborhood Enhancement Program to help neighborhoods understand the process of obtaining and installing art. • LOAC had a few ideas for pieces that would fit well on the pedestals installed along the Boones Ferry pathway but had to consider the pedestals were in the right-of-way and would be interacted with heavily. LOAC hoped to make use of the pathways over the next year. • The process to install public art along Boones Ferry was embedded in the guidelines and lived with the Public Art Committee. LOAC was always thinking about pieces that could potentially be put on Boones Ferry. There were a handful of indoor pieces in storage, but one or two pieces slated for LORAC that the Committee decided not to use could be options Boones Ferry. LOAC had to weigh what was available and what would be a good piece for the area. Councilors thanked Executive Director Nathan for the presentation and noted that art was a part of the city's archeology. Lake Oswego's art community was strong and passionate, as demonstrated by the people who volunteered their time to clean and maintain the city's public art under the direction of Staff. Barbara Goldstein, Arts Build Community(via video conferencing), and Executive Director Nathan jointly presented the Public Art Master Plan update via PowerPoint, and provided background on Arts Build Community and its relationship with the City, as well as background on the Master Plan, and summarized public engagement, survey results, the Plan's vision and goals, recommendations, and next steps. City Council Regular Meeting Minutes Page 8 of 10 March 5, 2024 Councilor comments and discussion were as follows with responses to Councilor questions as noted: • Executive Director Nathan clarified the Art Builds Community consultant was paid $40,000 by LOAC to come up with a strategy, while LOAC worked to support the consultant's work and implement the strategy. • Councilors suggested the consultant's work could be done by a City Staff member, and the program run by the City to have more oversight from the City Council. • City Council would receive a draft of the PAMP before it came before Council in April. Council expressed concern about the timeline since the Plan would be presented to Council on April 16, just five weeks away. The initial presentation had been delayed from January, but LOAC could have reached out to Council for feedback before tonight. • The PAMP included proposed funding mechanisms for art that may not be legal in Oregon and should be reviewed by the City Attorney before the Plan was finalized. LOAC should also consider the City's funding priorities. Lake Oswego was embarking on its Housing Production Strategy, and the City was considering a tax as a potential revenue raising model for housing. That tax was specified and regulated by the state. It was unlikely the State would approve a tax on housing development to fund public art. There was competition for funds, and housing was a basic human need the City would be more likely to fund. • The final Plan should include more specificity regarding timelines for goals, associated costs, and ideas for how to partner with schools, which were an untapped resource. • Councilors expressed a desire for the final Plan to include a diagram of all the art organizations in Lake Oswego, including LOAC and the Public Art Committee, to better understand the role of each in the city, how the entities worked together and interacted with the City, as well as the funding mechanisms and spending for each organization. • Executive Director Nathan clarified Goal 8 in the draft Plan sought to streamline the public art policies, procedures, and guidelines that had been in place since the Art Committee was created in the late 1980s/early 1990s. While the policies had been updated since, there were still remnants from when the organization was a City Board and Commission, and LOAC wanted to ensure the policies adequately represented its work and avoided repetition. 11.3 Commission of Accreditation for Parks and Recreation Agencies (CAPRA). Jan Wirtz, Recreation Deputy Director, presented the Council Report via PowerPoint, and provided background on CAPRA, the accreditation process, and the benefits of becoming accredited. To achieve accreditation, agencies had to meet at least 36 of 154 fundamental standards, and Lake Oswego received credit for 153 of the 154. • Lake Oswego was one of three cities in Oregon to receive accreditation; the other two cities were Eugene and Medford. Three Oregon agencies in special districts also had accreditation. Councilors congratulated Deputy Director Wirtz for her work and acknowledged the role of professional Staff who helped achieve the standards necessary for accreditation. Councilor Wendland noted he went to lunch with the team of experienced professionals from CAPRA who commented that Lake Oswego was one of the best cities it had visited. 12. INFORMATION FROM COUNCIL Mayor Buck noted the legislature passed the housing bill, though the Governor had not yet signed the legislation. Lake Oswego would receive $1.75 million direct allocation as part of the legislation to help offset some of the infrastructure costs related to the Habitat for Humanity development. City Manager Bennett noted money could only be spent on water, sewer, and stormwater City Council Regular Meeting Minutes Page 9 of 10 March 5, 2024 infrastructure while Habitat's largest infrastructure costs were related to transportation. The City had not yet spoken with Habitat about how funds would be spent. City Manager Martha Bennett thanked the Public Works Department for its work during the recent landslide event. The site would not be repaired permanently until the rain stopped, but the City had secured the area enough that it was safe to travel on Iron Mountain. 13. REPORTS OF OFFICERS There were no reports of officers. 14. ADJOURNMENT Mayor Buck adjourned the City Council meeting at 8:44 p.m. Respectfully submitted, litAZ tt I Kari Linder, City Recorder Approved by the City Council on April 16, 2024. I 1 Joseph 1. Buck, Mayor • City Council Regular Meeting Minutes Page 10 of 10 March 5, 2024