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HomeMy WebLinkAboutApproved Minutes - 2017-01-24 2410 CITY COUNCIL REGULAR MEETING MINUTES (7•3 „,,Ionw O January 24, 2017 OREGON 1. CALL TO ORDER Mayor Studebaker called the regular City Council meeting to order at 6:31 p.m. 2. ROLL CALL Present: Mayor Studebaker and Councilors O'Neill, Manz, Gudman, LaMotte, Kohlhoff, and Buck Staff Present: Scott Lazenby, City Manager; David Powell, City Attorney; Corinne Strauser, Deputy City Recorder; Don Johnson, Police Chief; Joel Komarek, Project Director, Lake Oswego-Tigard Water Partnership; Anne MacDonald, Stormwater Quality Coordinator; Erica Rooney, City Engineer; Jenny Slepian, Sustainability and Management Analyst 3. PRESENTATION 3.1 Introduction of New Officers Following the Pledge of Allegiance (Agenda Item 4) Chief Johnson introduced the City's newest Police Department employees: Community Service Officers Paul Valesano and Steven Coburn and Police Officers Nicole Murray, Stephen Gorr, and Drew Boggs. After hearing highlights of their backgrounds, Council members welcomed each of the new officers to the community. 4. PLEDGE OF ALLEGIANCE Mayor Studebaker led the Council in the Pledge of Allegiance immediately following the Roll Call. 5. CONSENT AGENDA 5.1 Resolution 17-01, A Resolution of the City Council of the City of Lake Oswego Making Council Liaison and Committee Assignments for 2017 Report and Attachment Attachment-Revised Exhibit A City Council Regular Meeting Minutes Page 1 of 8 January 24, 2017 Councilor Gudman moved to adopt Resolution 17-01. Councilor Buck seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors O'Neill, Manz, Gudman, LaMotte, Kohlhoff, and Buck voting `aye'. (7-0) 6. CITIZEN COMMENT No comment was offered. 6.1 Prior Citizen Comment Follow-Up No follow-up on prior Citizen Comment was presented. 7. DEPARTMENTAL REPORTS 7.1 Award of a Personal Service Contract to Brown and Caldwell, Inc. for an Update to the 2001 Water Master Plan Report and Attachments Mr. Komarek explained that Council was asked to authorize the City Manager to execute a personal service contract with Brown and Caldwell, Inc. for an update to the City's 2001 Water Master Plan. He discussed key points of the Council Report, including primary reasons that the update was necessary, the request for proposals and selection process, and factors influencing the recommendation of Brown and Caldwell, Inc. In response to questions from Councilor Manz about timing of the update process, Mr. Komarek indicated that, subject to Council approval at this meeting, the kick-off meeting would likely be held in early February, prior to the scheduled joint meeting with the City of Tigard. Councilor LaMotte asked about prospects for including water rates and other data in the Portland State University study related to Lake Oswego's unincorporated services area. Mr. Komarek noted that outreach had already begun as this was important information in terms of the Water Master Plan. Councilor Gudman inquired about a potential update of the Capital Improvement Plan (CIP) estimates for the water system as part of the Fiscal Year (FY) 2017-2018 budget process. Mr. Komarek indicated that Staff's assessment showed that the $40 million estimated total for the original CIP recommendation had been reduced to approximately $13 million in current-day dollars; this was based on effects of projects now completed and avoidance of costs achieved through the partnership with Tigard. Councilor O'Neill commended the quality of water now provided. Mr. Komarek agreed and highlighted the contribution of Water Treatment Plant Manager Kari Duncan and her staff. City Council Regular Meeting Minutes Page 2 of 8 January 24, 2017 Mayor Studebaker moved to authorize the City Manager to execute the personal service contract with Brown and Caldwell, Inc. Councilor LaMotte seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors O'Neill, Manz, Gudman, LaMotte, Kohlhoff, and Buck voting `aye'. (7-0) 7.2 Board, Commission, and Committee Attendance Report Report and Attachments The Report was provided for Council's information as required, Mr. Lazenby noted. 8. STUDY SESSIONS Mr. Lazenby explained that the two study sessions were primarily intended to inform Council and document these important issues, rather than to call for Council action. Given the large number of issues to be addressed by Council in the year ahead, he had asked the involved Staff to prepare written reports instead of lengthy presentations, although they were present to answer questions. 8.1 City Facilities Waste Audit Report and Attachment Councilor LaMotte thanked Ms. Slepian and City staff for their diligence and awareness regarding sustainability programs in City facilities as acknowledged in the Council Report. Councilor Buck asked about additional measures that might be undertaken to further reduce waste in City operations. Ms. Slepian discussed advantages that might be gained through a more centralized approach as opposed to the discretionary programs of individual facilities and departments. Councilor Manz thanked Ms. Slepian, noting that it appeared the City was doing everything possible at this time. 8.2 Municipal Stormwater(MS4) Permit Renewal Briefing Report and Attachments Mr. Lazenby discussed the purpose and background of the municipal stormwater permit, a Federal requirement. He emphasized the importance of controlling discharges from the City's stormwater system into streams. While Council was not asked to take action at this time, this did not preclude future changes in the City's approach, which in turn could be presented in a future permit renewal process. Ms. MacDonald, the City staff member coordinating this process, noted that it was important for Council to be aware that the renewal process was going forward. She reviewed the timeline, required public involvement activities, and the three key documents comprising the renewal City Council Regular Meeting Minutes Page 3 of 8 January 24, 2017 package, as detailed in the Council Report. If Council wished to have a more comprehensive discussion of the City's surface water management and related issues, the next couple of years might be an opportune time, she suggested. Mayor Studebaker invited questions from Council members. Councilor Buck asked about the nature of a change the City might make that would require the permit to be modified. As an example, Ms. MacDonald indicated that if the Department of Environmental Quality (DEQ) were to impose a more stringent requirement for full stormwater treatment for new and re-developed impervious area, this could require modification of the threshold for such treatment. At this point, she noted, she had not proposed any changes that would require modification of the permit. Councilor Buck asked about feedback received from other citizen groups during the course of the public involvement activities. Ms. MacDonald reported that relatively little feedback had been heard, although the Sustainability Advisory Board (SAB) wished to discuss the topic further. Councilor Buck asked if the City had adequate revenue to meet the expected increases in capital expenditures, as cited in the Staff report (Council Report, p 4). Ms. Rooney indicated that it was not possible to answer the question without specific directives as to stormwater improvements. However, the cost of projects is increasing; a major factor is that the projects include more components than in the past. Despite this, the City is actively accomplishing stormwater improvements whenever possible. In terms of compliance with the current stormwater permit, projects identified in the permit receive ongoing focus, including CIP decision making. Ms. MacDonald noted that the permit is largely involved with operational activities such as development review and maintenance. At this point the City would not be found out of compliance by failing to do a specific project. In response to questions from Councilor O'Neill, Ms. MacDonald described the water quality testing performed by the City. A specific concern was raised about an unincorporated area where many homes were on septic rather than sewer, with likely adverse effects on water quality. In brief discussion about benefits of annexation, Ms. MacDonald noted that the area was subject to Clackamas County stormwater rules, operating under the same permit as the City of Lake Oswego. Her expectation was that stormwater activities of this area and the City would be comparable. Councilor LaMotte requested clarification of the permit renewal package in terms of purpose and content. Ms. MacDonald confirmed that this would not contain new ideas or suggestions, but would update the plan by removing elements of the 2012 permit that had been accomplished. She discussed the opportunity for the City to now focus on operational activities in the plan that would further advance stormwater quality. Responding to Councilor LaMotte's additional questions about the previous year's updates to code and the design plan, Ms. MacDonald explained that those updates complied with a one-off permit requirement of the 2012 permit. Councilor LaMotte asked if the Lake Corporation had been part of the discussions. They were not, Ms. MacDonald advised, but were regularly involved with Staff through the development review process and through the Oswego Lake Watershed Council, She was willing to invite their input, she indicated. City Council Regular Meeting Minutes Page 4 of 8 January 24, 2017 Ms. MacDonald responded to questions from Councilor LaMotte about the status of the inspection program noted in the Staff report (Council Report, p 2), clarifying that this pertained to an inspection program for private facilities. Councilor LaMotte requested information about plans to conduct assessments of potential benefits of addressing stormwater management at the neighborhood or community level, rather than lot by lot. A short discussion ensued about related projects and CIP decision making. Ms. Rooney commented on the extensive effort that would be entailed, but noted it might be considered in the future. Ms. MacDonald agreed, adding that consideration needed to be given not only to execution of projects, but to maintenance and available resources. Councilor Gudman observed that CIP funding for Surface Water projects had been increasing over the past several years, evidence of the City's commitment in this area. He asked his colleagues to recall the increase of about 6% for the Surface Water element versus the 3% for utility charges in total, as approved in the previous November's adoption of the Master Fees and Charges schedule. Ms. MacDonald and Ms. Rooney clarified components of the budget for stormwater regulatory compliance and facility maintenance, as requested by Councilor LaMotte. Ms. MacDonald addressed his questions about Boones Ferry Creek (Rosewood) and the declining water quality trends he had observed in the report (Council Report, Attachment 1, p 3). She indicated that, although statistically significant, the trend had not varied dramatically over time. The good news was that water from this creek was being processed effectively at the regional facility before going into the lake, she noted. Councilor Buck inquired about the total budgeted amount for 2016-2017 as it was a few million dollars less than in the two preceding FYs (Council Report, p 4). Ms. MacDonald confirmed that this was owing to Operations Center expenditures in those two FYs, with 2016-2017 budgeted as something of a "lull" year. She described the cyclical nature of development and delivery of surface water capital projects, including timing issues of actual payments. Councilor Kohlhoff inquired about any source of law that would apply to the City in the event the Federal Clean Water Act was eliminated or modified substantially. Ms. MacDonald indicated that an element of the Clean Water Act was the delegation of authority to states that had the regulatory framework necessary to implement the Act. Oregon has such a body of law, she noted; therefore, the DEQ would compel compliance with permits and activities required by the Clean Water Act. 9. INFORMATION FROM COUNCIL Mayor Studebaker noted that the Government Finance Officers Association had again awarded its Distinguished Budget Presentation Award to the City. He congratulated the Finance Department for the achievement. Mr. Lazenby thanked Council members for their feedback on the re-drafted 2017 Council Goals. Explaining that the document was open to Council members' additional refinement, he invited City Council Regular Meeting Minutes Page 5 of 8 January 24, 2017 further input. He highlighted one proposed change, received from Mayor Studebaker, to modify the proposed Goal dealing with a climate action plan to state: With the Sustainabilitv Advisory Board (SABI explore options for a climate chance Plan. In response to concerns he had heard about Staff support for addressing the Goals, he discussed resources and strategies that would be available. He indicated that he did not anticipate any particular problems in delivering Staff support, although the housing affordability-related Goal could require more time than others. Having mapped out assignments for the Goals, he expressed confidence in Staff's ability to meet Council expectations. Councilor Kohlhoff reviewed her feedback concerning the draft Goals: (1) The Willamette Shoreline Trail Goal was not on her list, and should perhaps be discussed further by the Council. (2) The Goal related to a strategy for addressing PERS increases needed to specify two distinct activities that had been discussed, i.e., one for budget strategies and the other for an approach through the Legislature. Otherwise, she regarded the draft as good. Councilor O'Neill asked about the disposition of items Council had discussed at their Goals retreat that had not been included in the proposed Goals. Mr. Lazenby indicated that Council feedback about the priority levels of these items would be helpful to Staff. Although the work program is fairly ambitious for the coming year, he noted, Staff would make every effort to address those items that Council members identified as important. Councilor O'Neill suggested that Council consider modifying the affordable housing Goal to recognize the needs of workforce versus retired residents. Councilor Manz expressed support for the Goals as currently drafted. Councilor LaMotte discussed benefits of reviewing the list of items that had been discussed as potential Goals but not identified on the draft. Mr. Lazenby indicated that a number of these items, although not rising to the level of a Council Goal, could potentially be tackled by Staff if so directed. Following discussion, Council members decided to review these items. With Councilor LaMotte reading the list, Council members identified points of consensus and discussed others, including some to be designated as underlying action items for the Goals or not determined to be a priority. Some of the listed items were already part of Staff work programs, Mr. Lazenby noted. In support of Councilor O'Neill's suggestion regarding the affordable housing Goal, Councilor Kohlhoff suggested a revision to include consideration of all sectors of the community, with a focus on workforce housing. Mayor Studebaker called for any additional modifications as he read each of the draft Goals, requesting indication of consensus. Councilors responded with brief questions and comments. The proposed modification of the Goal related to a climate action plan generated more extensive discussion. Mayor Studebaker's suggested revision was intended to convey that Council would support looking at the creation of a climate change plan, he explained; he did not want the Goal to convey that a plan would be created. Councilors Buck and LaMotte indicated that they supported the draft Goal as currently written, i.e., supporting the creation of a climate action plan based on advice from SAB. City Council Regular Meeting Minutes Page 6 of 8 January 24, 2017 Discussion continued, with Councilor O'Neill expressing concern about expectations by SAB that such a plan would absolutely be approved by Council. He did not believe that had been the intention, based on Council discussion of this Goal. Various Councilors weighed in, indicating the need for clarity of direction to SAB, both through statement of the Goal itself and through processes and operational factors. Mr. Lazenby indicated that clear direction up front from Council and regular monitoring of SAB work by Staff would help to mitigate concerns about false expectations with regard to plan adoption. He suggested revision of the language to provide clarification: Support the creation of a climate action plan based on advice from the SAB. consistent with Council oolicv direction. In further discussion of the challenges and solutions related to community efforts in developing plans, Councilor Gudman committed to reporting regularly to Council on SAB work. As Council liaison to SAB, he would also ensure that SAB members were informed about any change in direction desired by the Council, thus enabling expectations to be managed effectively. The discussion concluded with Council members indicating consensus in favor of the revised language as proposed by Mr. Lazenby and for Councilor Gudman's liaison effort. Councilor Kohlhoff confirmed that the proposed language for the PERS-related Goal was satisfactory as revised: Adopt a strategy for addressina PERS increases. both internally through the Budget and externally through the Legislature. Next Mayor Studebaker requested Council members to present information on any of their activities or other matters. Councilor Buck discussed a letter from the Arts Council requesting that they be allowed to speak at the 2017 Boards and Commissions Summit, as they did the previous year. He outlined the benefits of their presence at the Summit and expressed concern that they had not been invited, since Council had discussed and approved their participation in 2016. He moved to direct Staff to include a presentation from the Arts Council in the annual Boards and Commissions Summit until told otherwise by the City Council. Councilor O'Neill seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors O'Neill, Manz, Gudman, LaMotte, Kohlhoff, and Buck voting 'aye'. (7-0) Councilor Manz reported on a recent meeting of the Lake Oswego-Tigard Water Partnership Oversight Committee, indicating that the project is nearing completion. The opportunity to discuss ongoing management of the Water Partnership will be presented at the upcoming joint meeting. Councilor Gudman outlined agenda items for the February 2 meeting of the Clackamas County Coordinating Committee. Included were discussions of the County position on Stafford and the urban and rural reserves, as well as on implementation of a potential vehicle registration fee. Councilor LaMotte expressed concerns about two businesses seeking space in the Southwest Employment Area and asked for an update from Staff. Brief discussion of the situation followed. Mr. Lazenby indicated that Staff would follow up for more information. City Council Regular Meeting Minutes Page 7 of 8 January 24, 2017 10. REPORTS OF OFFICERS Mr. Lazenby reported that Public Works had found that citizens had been placing tree debris from their private properties in the public right of way, expecting that it would be picked up. The City does not provide this service, but many other options are available to residents. Responding to questions from Councilor Buck, he clarified that the City would handle removal of debris from street trees that had fallen and that trees blocking the right of way could be reported to Code Enforcement. Mr. Powell added that the City had also received a number of recent calls about responsibility for snow and ice removal. Staff planned to undertake a heightened public education effort on obligations of residents and businesses regarding these and similar issues for next winter, he indicated. Brief related discussion followed. 11. ADJOURNMENT Mayor Studebaker adjourned the meeting at 8:19 p.m. Respectfully submitted, Corinne Strauser, Deputy City Recorder APPROVED BY THE CITY COUNCIL: ON TKA.h,Cik, 7 , -2017 rt 6).i"L k i/f/.4.1 . 2. Kent Studebaker, Mayor City Council Regular Meeting Minutes Page 8 of 8 January 24, 2017