Approved Minutes - 2024-12-03 ��,A �
O s� CITY COUNCIL REGULAR MEETING
MINUTES
December 3, 2024
) _!?EGO.
1. CALL TO ORDER
Mayor Buck called the regular City Council meeting to order at 5:32 p.m. on Tuesday,
December 3, 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 Mboup, Rapf, Corrigan, Afghan, Wendland.
Councilor Verdick was excused.
Staff Present: Martha Bennett, City Manager; Ellen Osoinach, City Attorney; Kari Linder,
City Recorder; Erik Olson, Long Range Planning Manager, Erica Rooney,
Public Works Director I City Engineer; Evan Boone, Deputy City Attorney;
Shawn Cross, Finance Director
3. PLEDGE OF ALLEGIANCE
Mayor Buck led the Council in the Pledge of Allegiance.
4. PUBLIC COMMENT
No Public Comment was provided.
5. CONSENT AGENDA
5.1 Resolution 24-50, A Resolution of the City Council of the City of Lake Oswego
Authorizing the City Manager to Accept and Sign the Intergovernmental Agreement
with Clackamas County for the Clackamas County City-Led Homelessness
Initiatives Funding Grant and to Sign an Agreement with Hunger Fighters Oregon
to Reimburse them with Grant Funds for Operation Expenses.
END CONSENT
City Council Regular Meeting Minutes Page 1 of 8
December 3, 2024
Councilor Wendland 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 Mboup,
Rapf, Corrigan, Afghan, Wendland voting `aye', (6-0).
6. ITEMS REMOVED FROM CONSENT AGENDA
No items were removed from the Consent Agenda.
7. COUNCIL BUSINESS
7.1 Ordinance 2954, An Ordinance of the Lake Oswego City Council Clarifying,
Revising, and Updating Various Articles Declaring Violations to be Civil Violations
and/or Subject to Enforcement Fees; and Amending LOC Art. 20.02 (Business
Licenses); LOC Art. 32.06 (Parking Regulations); LOC Art. 34.10 (Types of
Nuisance); LOC Art. 42.03 (Street Design Standards); LOC Art. 47.03 (Sign Code);
and LOC Art. 55.02 (Tree Removal).
Deputy Attorney Boone presented the annual Code update, which included suggestions
collected from Staff and the public to improve and streamline the Code. The Council report
contained proposed Code amendments with Staff commentary explaining the background and
substance of each change. Staff's new provisions included additional Code authority to multiple
sections to declare civil violations and include enforcement fees alongside fines, similar to Tree
Code violations. The Business License Section provided for a hearings referee to handle appeals
regarding conditions and revocations. Under the Nuisance Section, the Code violation for property
owners who did not maintain blackberry vines and ivy 10 feet from property lines was removed
due to enforcement limitations. The driveway approach landing requirement moved to
Engineering Standards, and exceptions for single-family and middle housing were removed. The
Tree Code amendments allowed expedited removal of diseased ash trees and permitted delayed
removal to avoid active ash bore periods.
Deputy Attorney Boone clarified that enforcement fees were already provided for under the
Master Fees and Charges. The proposed changes provided specific Code authority for fees that
had been in place for about two years. A general fee was not imposed, only a fee for violating the
ordinance, and people were notified individually.
City Manager Bennett added that Code Enforcement prioritized education first, followed by
compliance, before moving to enforcement. Code Enforcement ensured people understood the
financial consequences for failure to comply.
Councilor Mboup moved to enact Ordinance 2954. Councilor Corrigan seconded the
motion.
Councilor Wendland noted that this year's Code update was very concise and congratulated the
City's legal team.
A voice vote was held, and the motion passed, with Mayor Buck and Councilors Mboup,
Rapf, Corrigan, Afghan, Wendland voting `aye', (6-0).
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December 3, 2024
8. PUBLIC HEARINGS
8.1 Resolution 24-47, A Resolution of the Lake Oswego City Council Amending Lake
Oswego Public Contract Rules 46-0131 Special Procurement (Legal and Related
Services) and 46-140 Regarding Delegation of Authority to City Manager to Enter
into Public Contracts and to Enter into Intergovernmental Agreements.
City Attorney Osoinach reviewed the hearing procedures and confirmed no Councilor wished
to declare a financial conflict of interest.
Deputy Attorney Boone presented the Council report, reviewing the proposed amendments that
would exempt legal and related services from competitive bidding, the increase in Council's
delegation to the City Manager from $250,000 to $500,000, and the correction of a scrivener's
error in intergovernmental agreements.
Mayor Buck opened the public hearing, confirmed there was no public testimony, and closed the
public hearing.
Councilor Wendland moved to adopt Resolution 24-47. Councilor Corrigan seconded the
motion.
A voice vote was held, and the motion passed, with Mayor Buck and Councilors Mboup,
Rapf, Corrigan, Afghan, Wendland voting `aye', (6-0).
8.2 Ordinance 2949, An Ordinance of the City of Lake Oswego Amending: The
Economic Vitality Chapter of the Comprehensive Plan; the Connected Community
Chapter of the Comprehensive Plan; the First Addition-Forest Hills Neighborhood
Plan; the Foothills Special District Plan; the Lake Grove Village Center Plan; the
Marylhurst Area Special District Plan; LOC 50.03.003 Use-Specific Standards;
50.03.005 Temporary Structures and Uses; 50.05.004 Downtown Redevelopment
Design District; 50.05.007 Lake Grove Village Center Overlay District; 50.06.002
Parking; 50.06.003 Circulation and Connectivity; 50.06.004 Site Design; 50.07.005
Review Procedures; 50.07.004 Additional Submission Requirements; 50.07.005
Conditional Use Permits; 50.08.001 Introduction to Variances; 50.10.003 Definitions;
and Adopting Findings (LU 24-0025).
Attorney Osoinach reviewed the hearing procedures and confirmed no Councilor wished to
declare a financial conflict of interest.
Mr. Olson presented the Council report via PowerPoint, providing background on the citywide
parking reforms prompted by the State's Climate Friendly and Equitable Community(CFEC)rules.
He reviewed the Council's unanimous preference to repeal all parking mandates to comply with
Phase B of the rules, presented an overview of work completed to date, and discussed the
Comprehensive Plan and Code amendments proposed to comply with applicable CFEC rules.
The Code amendments did not address changes to on-street parking, though the Department of
Land Conservation and Development (DLCD) had notified the City it would need to adopt
regulations in the future.
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December 3, 2024
Council was asked for feedback on the climate mitigation actions required for the development of
new surface parking lots of '/2 acre or larger. Staff had originally proposed three options for
developers to choose from, but the Planning Commission did not recommend Option B, which
would have required a $1,500 per onsite parking space in-lieu payment into a renewable energy
fund. In a split decision, Commissioners expressed concern that there was no guarantee
investments in the fund would be spent within Lake Oswego's jurisdiction. Staff brought the issue
back before Council because investments in renewable solar and wind energy outside Lake
Oswego could still benefit residents, and excluding Option B could be limiting, while including it
would provide additional flexibility for new developments.
Public Testimony
• Deborah Linke (via video conferencing), First Addition resident, ceded her time to
Brenna Vaughn.
• Brenna Vaughn, First Addition resident, testified in opposition to the changes, citing
concerns about State mandates and their potential impact on neighborhood character and
safety, particularly in relation to a planned cottage cluster developments with no onsite
parking. Lake Oswego lacked robust public transportation and circular routes through the
city that would enable residents to live without cars. She urged Council to visit First
Addition to assess the impact of the proposed changes firsthand and asked that the City
add language to the Code to encourage neighborhood participation parking decisions,
review home rule issues regarding public safety in the local community and implement
parking management rules to ensure safety during construction.
• Gayle Van Lehman, First Addition resident, testified in opposition to the proposed
changes, citing concerns about safety, congestion due to construction, and changes to
the nature of the community due to developments with no onsite parking.
Attorney Osoinach noted for the record and the benefit of the public and Council that while there
had been discussion about the specific middle housing application, that application was under
appeal at the Development Review Commission. Council was not permitted to discuss that
specific development or consider public testimony regarding the topic, as Council could potentially
sit as an appeal body. Those testifying could not discuss that issue specifically but could address
their general concerns and perceptions of parking requirements.
• Bill Savage, First Addition resident, echoed the concerns of the previous speakers and
added concerns about safety and crime associated with increased street parking.
Councilor's questions and comments were addressed by City Manager Bennett, Mr. Olson, and
Director Rooney as follows:
• Protecting right-of-way emergency vehicle access would remain unchanged under the
proposed parking regulations. Each proposed development was reviewed for compliance
with fire access and safety requirements, and nothing about the proposed amendments
would change that process. Theoretically, there might be more parking within the right-of-
way, but the City would watch the use of right-of-way to ensure access for emergency
vehicles. The City would need to observe how the situation developed when the new rules
were implemented, and there were parking management approaches and enforcement
provisions to address concerns, should the need arise.
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December 3, 2024
• The City had temporary construction parking regulations in place and contractors needed to
obtain City permits if they required use of the right-of-way for construction activities.
Congestion was associated with construction, but all vehicles had to park legally regardless
of the number or location. When there was significant activity and rules were not followed,
the City or Police Department would step in to maintain open roads and prevent illegal
parking. The tools the City had for construction parking would continue to be available.
• Council would have a study session soon about managing right-of-way encroachments,
which included rocks placed in the right-of-way by some residents to discourage parking.
Rocks were not the only encroachment in town, and Staff needed policy guidance since Code
Compliance Staff lacked capacity for self-initiated enforcement. The City investigated and
addressed complaints about encroachments but did not proactively remove obstacles from
the right-of-way except for vision clearance and traffic safety issues. While neighbors were
often reluctant to do so, they could call about boulders in the right-of-way and the City would
respond.
• A handful of cities had filed a challenge to CFEC but lost, so the rules were in effect. The
testimony earlier demonstrated the impact of House Bill 2001 compliance and the CFEC
rules coming together. The CFEC parking rules had been in force in First Addition for quite
some time, so the Council's action tonight would not affect that in any way.
• Long term, the question would be whether the public sector had a role in providing parking if
the private sector did not provide parking. Downtown, the City had provided centralized
parking for people to walk in shops and restaurants and had discussed building centralized
parking in other parts of the city.
• It was possible that over time, the State might be interested in a less one-size-fits-all
approach to parking, and other cities and entities had noted that cottage clusters without
parking did not sell. Lake Oswego had to pay attention to whether there was an appetite to
purchase a home in the city with no onsite parking since was difficult to live in the area without
access to a car.
• Lake Oswego could manage fee-in-lieu funds internally, though this might not be efficient
and there likely would not be many large parking lots built in the near term, resulting in
relatively small amounts of money. Managing the funds locally would increase administrative
overhead costs and require tracking a new fund. Using the established State program would
be more efficient, particularly since larger-scale projects had a greater impact on addressing
global climate change.
• Calculations for parking lots considered the actual surface inclusive of different landscape
areas. There were concerns that a 40 percent tree canopy coverage requirement would
create an additional barrier to development. Given that Lake Oswego was an established
town with limited new development, planting along driveways was offered as an alternative
to the 30 percent coverage requirement. The Code amendments included diagrams and
explanations to clearly distinguish between driveways and drive aisles.
• Parking lots had a baseline requirement of 30 percent tree canopy coverage which was not
limited to the perimeter. The climate mitigation options under discussion would be in addition
to that requirement, essentially requiring an additional 10 percent coverage.
• Staff recommended allowing developers only one climate mitigation option for parking lots
rather than combining options, although the State permitted combinations. There were
concerns associated with quantifying and relating the requirements because the options were
not equivalent measurements, and since parking lots were required to have 30 percent
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December 3, 2024
canopy coverage regardless of the option chose, it would be difficult to get to an increment
of 20 percent. Additionally, combining options would increase the administrative burden and
it would be difficult to quantify the options in the Code in a clear and objective manner.
• Council had to decide whether to include the fee-in-lieu option for 1/2 acre parking lots in
addition to the other climate mitigation options. The City could not opt out of passing that
portion of the ordinance due to significant risk of falling out of compliance.
• The definition of how to measure surface parking area was established specifically for climate
mitigation and compliance purposes. The canopy coverage calculation differed from
landscape requirements, as much of the canopy would extend over hardscape areas. The
calculation method measured tree coverage based on the diameter at 15 years after planting.
The City maintained a comprehensive tree recommendation list that included guidance for
various settings, including parking lots.
Councilor Afghan acknowledged testimony concerning increased on street parking and
suggested there were solutions the City had already implemented in some neighborhoods that
could be duplicated in First Addition.
Councilors noted that the Housing Production Strategy and CFEC rules were State mandates,
and Staff had worked hard to minimize impacts while following guidelines. Council could not
dismiss the mandates, and it was a challenge to balance parking concerns with housing
accessibility and the City's goals for diversity and inclusion. After discussion, Councilors agreed
to include the fee-in-lieu option for developers to allow for flexibility and to acknowledge that 40
percent canopy coverage may be difficult to achieve.
Councilor Wendland moved to tentatively approve Ordinance 2949 with the Code
amendments dated October 25, 2024, and direct Staff to return on December 17, 2024, with
a final version of the ordinance, including findings and conclusions for LU 24-0025.
Councilor Afghan seconded the motion.
Councilor Afghan explained his decision-making process, noting that while the State mandate
could not be rejected, he recognized the challenge of balancing neighborhood parking concerns
with the City's goals for diversity, inclusion, and housing accessibility.
Mayor Buck acknowledged the Council's support for enhancing tree canopy and ensuring
commercial areas had enhanced canopies to improve overall health and livability. The goal was
to balance these interests with making Lake Oswego an attractive place for investment and
redevelopment. Lake Oswego's success stemmed from communication between the City,
neighborhood associations, and business associations. With new policies emerging on both
housing and climate friendly and equitable communities regarding parking, continued
communication and adaptability would be essential moving forward.
A roll call vote was held, and the motion passed, with Mayor Buck and Councilors Mboup,
Rapf, Corrigan, Afghan, and Wendland voting `aye', (6-0).
The Council recessed from 6:54 p.m. to 7:09 p.m.
9. STUDY SESSION
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9.1 2025 Master Fees and Charges.
Director Cross presented the Council Report via PowerPoint, reviewing proposed increases
based on various indices and providing a five-year utility fee forecast.
Questions from Council were addressed by Director Cross as follows:
• The water usage figures reflected the tiered water system's intended design from 2009. The
City's plant could produce 16 million gallons daily for Lake Oswego, which reached capacity
in summer months. A new dual plant with Tigard provided additional capacity and
conservation efforts also contributed to usage patterns.
• Staff was confident in the reserve numbers. The Street Fund, which used to have only $1
million to $1.5 million, now had $3 million in capital reserves.
• The Street Fund collected $4.5 million annually and one percent of that was $45,000. Unlike
the other three capital funds which were modeled for 20 years, the Street Fund increased by
an index.
• The City would be able to handle future adverse weather events. Staff calculated that winter
weather events cost the City $500,000 to $1 million, which was lower than the $3 million
capital reserve.
Director Cross confirmed that with the Council that they did not wish to make any further
changes or updates. Director Cross would return to Council on December 17 for a public
hearing.
10. INFORMATION FROM COUNCIL
Mayor Buck said the City's team did a good job on the tree lighting. The event was growing each
year as more people heard about it.
Councilor Mboup added that the Reunion Farmer's Market had been a great success and
thanked members of the City's Staff for their work.
Councilor Corrigan provided an update on the South Shore Fire Station Task Force which had
toured recently built fire stations where the crews had been generous with their time and sharing
their experiences.
11. REPORTS OF OFFICERS
No reports of Officers were provided.
12. RECESS, CITY COUNCIL
Mayor Buck recessed the City Council and Called to Order the Redevelopment Agency (LORA).
The Redevelopment Agency (LORA) met from 7:27 p.m. to 7:30 p.m.
17. RECONVENE, CITY COUNCIL
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Mayor Buck reconvened the City Council and requested the reading of the legal parameters for
the Executive Session.
18. EXECUTIVE SESSION: The Lake Oswego City Council will meet under authority of
ORS 192.660 (2) (h) Consult with Attorney regarding legal rights and duties of a
public body with regard to current litigation or litigation likely to be filed; and (f)
Consider records that are exempt by law from public inspection.
Attorney Osoinach read the legal parameters for the Executive Session.
City Council met in Executive Session from 7:37 p.m. to 8:35 p.m.
19. ADJOURNMENT, CITY COUNCIL
Mayor Buck adjourned the City Council meeting at 8:35 p.m.
Respectfully submitted,
Kari Lin er, City Recorder
Approved by the City Council on January 7, 2025.
_ 1
oseph M. uck, Mayor
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