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HomeMy WebLinkAboutApproved Minutes - 2009-07-21 of tnK[oayt `' CITY COUNCIL REGULAR MEETING ^A► MINUTES July 21, 2009 o[coM Mayor Jack Hoffman called the regular City Council meeting to order at 6:35 p.m. on July 21, 2009, in the City Council Chambers, 380 A Avenue. Present: Mayor Hoffman, Councilors Jordan, Moncrieff, Olson, Tierney, and Johnson. Councilor Hennagin was excused. Staff Present: Alex McIntyre, City Manager; David Powell, City Attorney; Robyn Christie, City Recorder; Joel Komarek, Project Director, LOIS; Jane Heisler, Communication Director, LOIS; Jordan Wheeler, Management Analyst; Police Chief Dan Duncan; Detective James Petersen; Detective Kevin Webb; Jonna Papaefthimiou, Natural Resources Planner; Laura Weigel, Neighborhood Planner; Joel Komarek, LOIS Project Director; Susan Millhauser, Sustainability Planner Youth Council Present: Youth Councilor Silbert • Moment of Silence in honor of C. Herald Campbell The Council held a moment of silence in honor of C. Herald Campbell, a former mayor who died recently. 3. PRESENTATIONS Mayor Hoffman recognized Boy Scout David Rawlins from Rivergrove School, who was working on his communications merit badge for his second-class scout rank. Mayor Hoffman acknowledged Joel Komarek, LOIS Project Director, for his 15 years of service with the City. He noted that Mr. Komarek held a degree in civil engineering from Portland State University. He reviewed Mr. Komarek's history with the City, noting his tenure as City Engineer for six years before moving over to the special sewer and water system projects. He thanked him for his service. Mayor Hoffman recognized Robyn Christie, City Recorder, for her 10 years of service. He reviewed her duties as City Recorder, City Elections Officer, and a member of the City's management team. He noted that she recently completed her Master's in Public Administration from Portland State University, and received her Master Municipal Clerk certification this year. He thanked her for her service. He commented that Ms. Christie's absolute fairness in all matters relating to elections and her loyalty to the elections process epitomized the trust that citizens could have in the American political system. Elections Officers like Ms. Christie made sure that anyone interested had a fair shot during an election. 3.1 LOIS Update Ms. Heisler reported that the work on the Bryant/Kelok phase was 80% complete. She expressed their hope that the City could open Bryant Road in mid-August, instead of at the end of August. She mentioned meeting with the residents of Pioneer Court off Bryant Road to coordinate their access to their street, as it changed almost every day. City Council Regular Meeting Minutes Page 1 of 17 July 21, 2009 She presented several photos illustrating the work and equipment used on the lake, including installing new manholes, the big crane, and the supply barge. She commented that the contractors were very conscious that they were working in residential areas. Mr. Komarek mentioned that tether bracket prototype tests began this week at the Portland facility with which the City contracted to conduct the tests in order to confirm that the design and materials were sound. He indicated the contractor expected to increase the number of ground anchors installed per day, once they moved out of the difficult ground conditions in the West End. The contractor also expected to start installation of the piles in the east arm of the lake that would support the above water trestle. He indicated that the team has started preparations for the lake down and Bryant Road pump station phases. The team was working with the owners of two large floating docks, which would not be supported properly during the lake down phase, to figure out how to get them out safely and reassembled after the lake returned to full. He mentioned that the City would provide water to the Oswego Lake Country Club for irrigation during the lake down phase, as the Country Club drew its irrigation water directly from the lake. He reported that the team had a hearing at the Design Review Commission on the Bryant Road pump station on August 3; they anticipated approval. The team would then start the pre- qualification process in October and start bidding in December, using a process similar to that used for the lake full phase. Ms. Heisler mentioned that Northwest Construction Magazine interviewed Mr. Komarek and Mr. Holland; the issue should come out in September. She noted the Lake Oswego Review article last week on the team's communication plan. She reported that the team has completed the Alder Point easement agreement. In addition, the team has conducted several successful boat tours with different groups and neighborhood associations, which gave people a better understanding of the project. She mentioned the second webisode, which should come out in the next couple of months. She discussed their outreach efforts regarding the West Bay manhole stabilizations; five different property owners had docks, decks, vegetation, or boathouses built over manholes or the sewer. She indicated that there were also six manholes in the lake that would be either eliminated or retrofitted; the team was communicating with the neighbors regarding the removal of the vegetation currently growing on the manholes. She described the project management software used by the LOIS Project team to track a variety of elements, including public comment and outreach. She explained that this program provided a caller's name and contact information so that a team member could contact the concerned citizen to resolve his/her issue. Mr. Komarek indicated that he anticipated being a bit ahead of schedule on completing the Kelok/Bryant Road project. He said that the team had no information at this point indicating that they could not meet the schedule for the lake full phase. He explained that they have seen some schedule slippage in the Bryant/Foothills pump station design phase due to the decision to use a qualifications-based process for general contractors. He noted that this project was not on the critical path of meeting the City's obligations under the MAO. He reported that, to date, the project expenditures totaled $16.5 million. He indicated that the new $1.5 million related to progress payments on the lake full project and the Bryant/Kelok project, and to expenditures on the lake design and Bryant/Foothills pump station design (both 90% complete). Mr. Komarek indicated to Councilor Tierney that the additional change orders on the Bryant/Kelok project involved relatively nominal amounts related to encountering unknown utilities. He said that they were still in the $100,000 range for total project overage. Councilor Ti rn y asked what Mr. Komarek's anticipated concerns were in the lake full phase related to total project costs. Mr. Komarek pointed out that, although the City has done its due City Council Regular Meeting Minutes Page 2 of 17 July 21, 2009 diligence regarding the characteristics of the submerged ground, it was unseen and untouchable ground. He explained that they used program and risk management techniques to set up how to deal with these risk factors, should they occur. Councilor Tierney asked if Mr. Komarek had any anticipated construction bidding or materials issues of concern. Mr. Komarek noted that, in the last two months, the team has seen a 10% hike in stainless steel prices. He mentioned the stimulus projects starting to ramp up and putting pressure on petroleum fuel and product prices. He described the shortage in skilled labor entering the construction market as driving up labor costs. Councilor Jordan asked to see a schematic of the design for the pump station with the change to a green roof. 3.2 Internet Survey Update Ms. Christie reviewed the staff and citizen members of the Internet Survey Project Committee. She introduced Doss Struse and Sandy Intraversato, two market research professionals who sat on the Committee. She thanked them for volunteering their professional expertise to work on the project. Ms. Intraversato reviewed the history of the survey project, which began during the Hammerstad Council, as another method of obtaining more strategic-oriented insights for Council and staff in support of the visioning process. She noted that the industry has found that Internet surveys are a good way to go, especially in a city like Lake Oswego with an Internet penetration of almost 80%. She explained that the "Let Us Know, LO" survey would have two parts. The first part would gather baseline data, similar to the data gathered in the community survey, which would provide the City with longitudinal analysis over time on questions of satisfaction and involvement. The second part would allow the Council to see what the priorities of citizens were, in terms of quality of life and City governance. Mr. Struse noted that City staff needed information to guide their implementation of Council direction and policies. He discussed the Committee's intent to devise a program that would return information in a systematic way about how important things were relative to each other in the minds of the citizens. This effectively set priorities from the citizens' perspective because the respondents chose which issues were important to them, as opposed to rating each issue on a scale. The intent was to bring back data that differentiated the importance of issues, as opposed to everything coming back as equally important. He noted that, over time, they needed to hit the balance between the high-level needs and the staff's informational needs for making things go smoothly. He indicated that they would need to do half a dozen surveys in order to meet this objective. Using a PowerPoint presentation, he presented an example of the kind of survey that the team would develop. It would have a structured sequence using 15 to 20 items that gradually led the respondents to differentiate the relative importance of those items. He mentioned that there were different levels of specificity in questions that the survey could ask, depending on the needs of the City. He noted the aggressive timetable for the survey. Ms. Intraversato pointed out that a big milestone on the schedule was recruiting enough respondents. She described the methods they would use to recruit people, including a recruitment letter on City letterhead and putting information on the City website and in other City publications. She expressed their hope that people would respond within two weeks of receiving the recruitment letter(to be sent out on August 3), but commented that they might have to extend that due to vacations. She emphasized that they were looking for a quantifiable sample of participants from the City (500+) to respond out of the 1,200 recruitment letters sent out. She commented that, because this was all online, they could calculate the results and provide them to Council quickly. City Council Regular Meeting Minutes Page 3 of 17 July 21, 2009 Councilor Tiern y thanked Mr. Struse and Ms. Intraversato for volunteering their expertise on this additional public engagement component. He commented that issues came and went in the community. He asked if the survey would use constant questions or varied questions based on the issues of the moment. Mr. Struse indicated that, while they would have some consistent questions to track trends over time, the bulk of the survey would vary based on the informational needs of the City. He commented that, with the community survey only taken every two years, the Council was dependent on people coming to the meetings and outreach programs to get public feedback; this method probably did not provide a balanced picture of the broad mass of the community. He said that the intent behind this survey was to provide that broad picture as a supplement to other sources of information. He indicated to Councilor Tierney that they wanted to select people at random in order to have a basis to say whether the sample was representative of the population or not. He said that the idea was to recruit people to serve for a term, and then to invite a new group to serve for the next term. Councilor Olson thanked Ms. Intraversato and Mr. Struse for their volunteer service. She referenced a growing problem in home phone survey results, due to cell phones becoming the primary or only phone number that people had; this tended to leave young people out of the surveys. She pointed out that a similar problem existed with Internet surveys, only it affected an older age group. Mr. Struse indicated to Councilor Olson that they would address that concern by offering those without Internet access a paper copy for mail-in. He explained that they were not working off phone numbers but rather off the City's master utility file, which provided a good mapping of legal residents and dwellings in order to obtain a good coverage of the population. He said that they would check to see if the characteristics of the volunteers matched census estimates. He pointed out that if this survey did not reach the young people any better than phone surveys have over the last couple of years, then they would have to determine whether that was a fatal flaw or if they could work around it. Councilor Olson concurred that the Committee would need to allow extra response time in August because of vacations. Councilor Moncrieff thanked Mr. Struse and Ms. Intraversato for volunteering their time. She described this as an excellent communication tool for the City. She asked if it would be used for both long-term trends and specific issues. Mr. Struse said that he hoped it would be. He commented that it would be a challenge to develop appropriate questions to address both those types of issues, but they would try to find the balance. Ms. Intraversato confirmed to Councilor Moncrieff that they hoped this would also work as a long-term planning tool for the departments. Councilor Tierney asked if the City could use this survey to ask about the complex issue of sensitive lands. Mr. Struse indicated that they could quickly gauge to what extent people were paying attention to the issue on a headline level, what their gut reaction was, and what their knowledge level about it was. He noted the additional layer in a survey of providing information on topic, which might then change the respondent's opinion. He recommended using the survey to find out whether the sensitive lands issue was on people's radar, and to what degree they were involved with it. Once they knew that, they could then test different ways to communicate with people. He commented that it was such a complex issue that he would be hesitant to take anybody's answer at face value unless he/she had extensive knowledge about it. City Council Regular Meeting Minutes Page 4 of 17 July 21, 2009 3.3 First Addition Alley Project Update Mr. Wheeler gave a PowerPoint presentation. He reviewed the background of the project. He mentioned that FAN was platted with alleyways in 1888; the City adopted the FAN plan in 1996. The plan included a goal to require the improvement of all platted alleys to a level that would allow use of the alleys for garbage and recycling collection and for vehicle parking access. He noted that the alleys provided relief to the street system, a secondary access to properties, and a utility corridor. He displayed pictures illustrating the uses of the alleyways and the vegetative encroachments. He noted that alleyway maintenance has been minimal over the years due to limited enforcement and other maintenance and funding priorities. He indicated that currently there was a mix of street and alleyway garbage and recycling pickup. He reviewed the process of the project, which began a year ago with a study of garbage and recycling pickup in FAN, and then an analysis of costs and scope of project. As a result of that study and analysis, Council directed staff to undertake the project to reclaim the alleys and move garbage and recycling back into the alleys for all residents. He described the work completed by staff, following the project kick-off in January 2009, to communicate with the residents and to establish the legal width of the right-of-ways. He presented pictures illustrating the markers identifying the centerline of the alleyways. He reported that the Neighborhood Clean-up Day in April went very well with many residents participating in trimming vegetative encroachments and filling up three 30-yard drop boxes provided by Allied Waste. He informed the Council that Treecare and Landscapes, the contractor staff hired to complete the encroachment removal work, did so by the beginning of July. He indicated that this project delivered 100 cubic yards of yard debris to the Lake Oswego Parks system for recycling to meet park needs. He presented a series of before and after photos to illustrate the success in achieving the objective of reclaiming the alleyways, while maintaining the neighborhood character. He reviewed the next steps in the project, including staff work for gravelling the alleyways, communicating necessary information to residents, and completing any touch-up work on left over encroachments. He mentioned that staff would continue to work with the neighborhood to devise a strategy for ongoing assistance in maintaining the alleyways, including phased in enforcement of encroachment violations. He thanked the First Addition neighborhood, Lisa Shaw-Ryan (the Neighborhood Association President), the contributing City staff members, Allied Waste, and Treecare for their help in making this a successful project. As an alley resident, Councilor Johnson thanked Mr. Wheeler for the great job he did in organizing this effort. She commented that she had thought that her alley was relatively clear, yet they took out quite a bit of vegetation when removing the encroachments. She mentioned that a major element in maintaining the alleyways was educating people on what the legal right-of-way widths were. Councilor Olson complimented Mr. Wheeler on this well-managed project and Ms. Shaw-Ryan for her persistence in bringing this matter to the Council's attention. Councilor Jordan concurred with the previous comments. She commented that one of the most important things to come out of this was that if the Council approved a neighborhood plan, and there were parts to it that were key in making the neighborhood plan work, then the Council had to put the effort behind seeing that those parts happened. She speculated that, going forward, the Council would have a clearer understanding of what that meant for the neighborhoods. She said that she looked forward to seeing how FAN began to take ownership of its own plan and maintain the alleys. City Council Regular Meeting Minutes Page 5 of 17 July 21, 2009 Mr. Whe I r indicated to Mayor Hoffman that the gravel was the 3/4 inch crushed rock type gravel. He concurred with the Mayor that a next step needed to be communicating with residents that the alleys were now available for off-street parking, except during garbage and recycling pickup times. 3.4 Police Department Centennial Logo Chief Duncan introduced Detectives James Petersen and Kevin Webb. He reported that his poll last summer of the police department found that, for the Centennial celebration, they would like a new look for the uniform. He convened a volunteer committee to develop ideas on an appropriate historical look for the uniform. He reported that they had an estimated $7,500 in the budget for this project. He said that the department would like to keep its proposed new look for the next century, and not return to the current look after the Centennial year. Detective Webb presented the proposed changes for the uniform badge. He mentioned that, in 1910, when the police department was first established in Lake Oswego, there had been a town marshal, who, like most law enforcement agencies at the time, wore a five-pointed star badge. He passed around a drawing showing how the proposed design combined the current badge with this five-pointed star. He described the proposed badge, which would retain the current practice of using silver as the badge for detectives and officers, and gold and silver for'promoted badges.' He explained to Mayor Hoffman that the design included the State of Oregon shield because the State of Oregon granted police authority for the entire state to all Oregon police officers. He indicated that if the Council approved the department keeping this badge past the Centennial celebration, then it would say 'established 1910.' If not, then it would say '100 year anniversary.' Detective Petersen presented the proposed changes to the uniform patch. He recalled that they asked Chief Duncan what changes he would like to see, and the Chief commented that he would like to see what the City represented, why it was founded, and for what it was known. He said that they chose the iron furnace as the inspiration for most of the patch but also included the lake, the river, the trees, the mountain, and the City's parks and dedication to open spaces. He indicated that the patch would have the 1910 establishment in order to show the department's pride in serving Lake Oswego for the past 100 years, and its enjoyment of continuing that service into the future. He presented photos of the changes to the patch. He reported that, through an extensive bidding process with multiple companies, they selected the same company to make the patches as would make the badges. He discussed the costs, noting that the estimated $60 per badge was less than the current price of$85 per badge. He mentioned that the estimated cost of the new patch was also well under the current price for patches. Detective Webb commented that ordering 2,000 patches seemed daunting until one considered that officers had many uniform configurations; they used almost 2,000 patches with the current officers. Detective Petersen indicated that the badge estimate would cover all current officers, retiring officers, and new hires. Councilor Olson expressed her appreciation for the new patches, which she thought were beautiful and a great idea to celebrate the Centennial. She commented that she had never understood why a sailboat was on the City's logo. Councilor Jordan concurred. 3.5 Green Power Challenge Proclamation Councilor Tierney declared that he was an employee of PGE, and recused himself from participating in this proclamation. Ms. Papaefthimiou noted that, as the City's Natural Resource Planner, she advised the Sustainability Advisory Board. She reported to the Council that the Board has endorsed PGE's Green Power Challenge. She explained that most electricity in Oregon was dirty, coming from City Council Regular Meeting Minutes Page 6 of 17 July 21, 2009 burning coal and natural gas. However, greener options were available, which the City already purchased for some of its power needs. She described the Green Power Challenge as an opportunity for the City to encourage its residents to switch to green power. She said that if the City met the Challenge, then Lake Oswego would be eligible for membership in the EPA's Green Power Communities Program, to which several Oregon cities already belonged. Lake Oswego would be the first city in Clackamas County to join. She mentioned that, in recognition of this accomplishment, Lake Oswego would receive an outdoor sign noting the City's participation in the program. She mentioned that customers who signed up would receive a free reusable bag with the City logo on it. She indicated to Mayor Hoffman that the outdoor sign would comply with the City's sign code, since City signs were exempt. Matt Briggs, Sustainability Advisory Board member, stated the Board's belief that this green energy challenge, combined with signing people up for the free energy audits offered by the Energy Trust of Oregon, related well to the Board's goal of advising the City and the community on how to best transition from practices destructive to natural systems to actions restorative to those systems. He read the 10 points about global warning from the National Oceanic and Atmospheric Administration listed on page 3 of the handout. He stated that the Board thought that lowering the carbon load through energy efficiency and transitioning was the best way to avoid these consequences. He recalled that Chair Jean Baumann raised the idea of this Green Energy Challenge; the Board studied it and decided that it was a good idea. He mentioned their concern about aggressive marketing tactics, since the Challenge would primarily employ door-to-door solicitation. He spoke of their concern that Challenge canvassers clearly present the three green source energy options available from PGE. He reported that Green Mountain assured them that their canvassers would be courteous and professional, and make the choices clear, as well as not approach any houses with 'no solicitation' signs. He mentioned PGE and Green Mountain's estimate that they would get 70% to 80% coverage. He indicated that the announced goal of increasing Lake Oswego's green energy from its current 13% to 15%, which translated to an additional 300 customers. He discussed the leveraging options the canvassers would provide, including free Energy Trust audits, compact fluorescent light bulbs, and permanent shopping bags. He said that PGE would cover the cost of the giveaways. He reiterated the Board's recommendation to the Council to undertake this citywide effort, which would not cost the City anything. He commented that it could be a first step towards a complete climate action plan or consideration of sustainability in future decisions. Thor Hinckley, PGE Manager Renewable Power Program, reminded the Council that last year Lake Oswego was one of the first cities in the country to put in an electric vehicle charging station, to which PGE donated renewable power. He described this Green Energy Challenge as another opportunity for Lake Oswego to make history by becoming the first city in Clackamas County to participate in the Green Power Challenge. He mentioned that the City already purchased sufficient renewable energy to offset more than 1.5 million pounds of CO2. He noted the penetration rate for customers in Lake Oswego already signed up for renewable energy was almost 15%, which he compared to the 2% average percentage nationwide. He applauded the City for taking this step. Mr. Hinckley confirmed to Councilor Olson that the neighborhood outreach would be door-to- door canvassing, as that was the most productive way to engage customers in discussions about renewable energy and sell them on signing up. He mentioned that the power mix in Oregon was not as dirty as in other parts of the country. He said that 40% came from coal, 20% from hydroelectric, 20% from natural gas, and the rest from an assortment of other fuels. He described City Council Regular Meeting Minutes Page 7 of 17 July 21, 2009 the tactics that the canvassers would use in going door-to-door, noting that they would not use high-pressure sales tactics. He confirmed to Councilor Moncrieff that choosing either renewable power option counted towards the 300 customers. He indicated that there was a flat monthly fee of just over a penny per kilowatt-hour to get renewable energy. He confirmed to Councilor Jordan that any Lake Oswego customer who signed up for a renewable energy option during the two months of the Green Power Challenge, regardless of whether they did so through a canvasser, would count towards meeting the challenge. Mayor Hoffman indicated that he would sign the proclamation proclaiming a Green Power Challenge in Lake Oswego for August and September 2009. 3.6 Lake Oswego Review and Chamber of Commerce Community Website Brian Monihan, Lake Oswego Review, explained that the intent of this website was to create a hub of information, or a launching pad, in one location listing links to all the different websites serving the Lake Oswego community, including schools, government, business, parks, community service organizations, churches, etc. He recalled his and Mr. Wheeler's conversation a few months ago discussing this community site partnership as part of each organization's goals. Jerry Wheeler, Lake Oswego Chamber of Commerce Executive Director, commented that the Chamber was pleased to announce this partnership with the Lake Oswego Review. He observed that the Chamber's logo with the furnace on it defined the Chamber as an organization that forged partnerships to build community. He indicated that the new website would benefit all businesses in Lake Oswego, as the online business directory would list every business in Lake Oswego, regardless of whether a business was a Chamber member or not. He noted that the database would be Google-searchable, and return Lake Oswego businesses first every time. He described this website as giving the City and the Chamber more visibility. He commented that local businesses could save advertising dollars by advertising in one location and reduce the need to advertise in many locations. He described the site as a one-stop location for everything one needed to know about Lake Oswego. He emphasized that this was a portal site leading to other websites via links. He explained the benefits to Chamber members, such as special recognition on the site and enhanced advertising opportunities. He noted that the Chamber would continue to publish its hardcopy Chamber member business directory. He said that the Review would mail copies to its subscription base, and the Chamber would make the rest available at City Hall and the Chamber office, as well as through mailings. He pointed out that, by partnering with the Review, the website would have fresh content updated on a consistent basis. He indicated that they were driving people to the site who were looking for local Lake Oswego news, and they would promote it through all their available channels. Mr. Monihan said that they hoped to have the website up and running in mid-September with the online business directory available. He noted that the print directory would come out in early January. The Council expressed its appreciation for this economic development effort. 4. CONSENT AGENDA Mayor Hoffman recognized Paul Lyons and Bruce Brown, appointees to the Sustainability Advisory Board. City Council Regular Meeting Minutes Page 8 of 17 July 21, 2009 Councilor Jordan moved the Consent Agenda. Councilor Johnson seconded the motion. A voice vote was tak n, and th motion pass d with Mayor Hoffman, Councilors Moncrieff, Olson, Tierney, Johnson, and Jordan voting `aye.' [6-0] Mayor Hoffman recognized Youth Councilor Silbert, who had reapplied for the Youth Council. 4.1 REPORTS 4.1.1 2009 Street Rehabilitation Project(paving) Action: Award a public improvement contract to Knife River Corporation for the 2009 Street Rehabilitation Project in the amount of$207,698.25. 4.2 RESOLUTIONS 4.2.1 Resolution 09-40, authorizing the Mayor to sign an intergovernmental agreement between the City of Lake Oswego and Clackamas County, Oregon, to continue the Local Youth Diversion Program Action: Adopt Resolution 09-40 4.2.2 Resolution 09-45, making appointments to the Transportation Advisory Board Action: Adopt Resolution 09-45, appointing Lisa Klacking, Terry Keyes and David Jorling to the Transportation Advisory Board 4.2.3 Resolution 09-46, making appointments to the Sustainability Advisory Board Action: Adopt Resolution 09-46, appointing Bruce Brown, Paul Lyons, Gregory Monahan to the Sustainability Board, and Lisa Murphy and Amin Wahab as alternates 4.2.4 Resolution 09-47, making appointments to the Planning Commission Action: Adopt Resolution 09-47, appointing James Johnson to the Planning Commission and Robert Greaves as alternate 4.2.5 Resolution 09-48, authorizing an intergovernmental agreement with the Riverdale Rural Fire Protection District providing for the continuation of fire and medical services Action: Adopt Resolution 09-48 4.2.6 Resolution 09-50, making appointments to the 50+ Advisory Board Action: Adopt Resolution 09-50, appointing Janine Dunphy, Ellie McPeak, and Edwin Blossom to the 50+Advisory Board 4.3 APPROVAL OF MINUTES 4.3.1 April 15, 2009, special meeting 4.3.2 April 18, 2009, special meeting 4.3.3 April 20, 2009, special meeting 4.3.4 April 21, 2009, regular meeting 4.3.5 April 27, 2009, special meeting 4.3.6 May 5, 2009, regular meeting 4.3.7 May 12, 2009, special meeting Action: Approve minutes as written END CONSENT AGENDA 5. ITEMS REMOVED FROM THE CONSENT AGENDA City Council Regular Meeting Minutes Page 9 of 17 July 21, 2009 6. CITIZEN COMMENT 7. PUBLIC HEARINGS 7.1 Ordinance 2542, a special ordinance of the City of Lake Oswego vacating Patton Street between McVey Avenue and South Shore Boulevard (Council has received a request to continue this hearing to September 1) Councilor Jordan moved to continue Ordinance 2542 to September 1, 2009. Councilor Johnson seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Moncrieff, Olson, Tierney, Johnson, and Jordan voting `aye.' [6-0] 8. REPORTS 8.1 Resolution 09-26, granting recognition as a neighborhood association to the Birdshill Neighborhood Ms. Weigel noted that she has worked on the Birdshill Neighborhood Association recognition since April; Ms. Seldon worked on it prior to then. She reviewed the City's neighborhood recognition process, which began with neighbors deciding that they wanted to form an association, meeting to identify boundaries and develop bylaws, and electing officers. She noted that the City Attorney's Office reviewed the bylaws. She indicated that the neighborhood sent a formal letter to the City requesting recognition and presented evidence that they have met all the criteria. The Commission for Citizen Involvement (CCI) then reviewed the evidence presented and made a recommendation to City Hall. She noted that Birdshill, along with several other neighborhoods, had an extra step of seeking County recognition as a CPO because it was located partially within the City and partially within the County. She explained that these neighborhoods sought dual recognition in order to facilitate formal communications with both governing organizations. She noted that historically the City has recognized these dual-recognition neighborhoods at the direction of the Urban Growth Management Agreement (UGMA) and the Comprehensive Plan to work in the unincorporated areas on planning their future. She noted that Birdshill had only 9% of its territory within the Lake Oswego city boundaries, as did Rosewood. She said that Birdshill has been working with both the City and the County on recognition since 2003. The City and County agreement in 2007 on bylaws usable for both CPOs and NAs helped move Birdshill along at a quicker pace. She indicated that Birdshill has completed all the steps in the recognition process. She reported that the CCI recommended that the Council recognize Birdshill as a neighborhood association. She indicated that the City provided the same level of service to all City neighborhood associations with no differentiation between county and city. She suggested discussing this issue at next week's study session on the neighborhood planning program. Bryce Linton, Birdshill Neighborhood, expressed his appreciation for staff's help throughout this process. He explained that Birdshill wanted recognition by Lake Oswego because of the broader issues it faced as a neighborhood that were impacted by City of Lake Oswego decisions. He mentioned the sensitive lands overlay, which applied to all parts of the neighborhood. He spoke of issues associated with the Willamette Shoreline right-of-way and the streetcar that would run through the neighborhood. He spoke of participating in the annexation discussions. He expressed the neighborhood's hope that, by becoming a recognized neighborhood association, the neighborhood could participate effectively and constructively with the City. Mr. Linton indicated to Councilor Jordan that the Birdshill neighborhood was partly in the Riverdale School District and partly in the Lake Oswego School District. City Council Regular Meeting Minutes Page 10 of 17 July 21, 2009 Councilor Jordan commented that she was glad that the City would have a recognized group representing Birdshill with which to discuss and work through the various issues coming up. She mentioned a question of how the City accommodated Birdshill's interests if it was not paying taxes in the City. Mr. Linton noted that some Birdshill residents paid Lake Oswego taxes. He pointed out that Lake Oswego was also Birdshill's urban services provider, which meant that the neighborhood and the City needed to work together to address issues. Mr. Linton indicated to Mayor Hoffman that they understood that the City's Sensitive Land Ordinance did not currently apply to the neighborhood, but it would upon annexation. Mayor Hoffman mentioned that there were 21 dwelling units in the Lake Oswego portion of Birdshill that paid taxes, 17 of which were households. He mentioned that he bicycled through this wonderful neighborhood on Sunday. Mr. Powell indicated to Mayor Hoffman that the Sensitive Lands Ordinance did not have current regulatory effect in Birdshill, but it did have a consequence with respect to annexation. He explained that if the City had mapped a sensitive lands overlay outside the City's boundaries, then the City's annexation resolution stated that if that resource was destroyed or removed prior to annexation, the City could deny the annexation petition or require mitigation and restoration as a condition of annexation. He said that a second effect was that the overlay would apply automatically upon annexation; the owner could challenge that designation upon annexation through a quasi-judicial process. Mayor Hoffman expressed his hope that the primary motivation behind Birdshill's desire to become a recognized neighborhood association was a desire for annexation, as happened with the Lake Forest and Rosewood neighborhoods. He pointed out that the UGMA between the City and the County signed in 1997 had the understanding that the planning of unincorporated areas would shift from the County to the City because the County was getting out of the urban services business. Ms. Weigel confirmed to the Mayor that Birdshill's bylaws were consistent with the City policy and guidelines documents. Mayor Hoffman noted that the term 'citizen advisory committee' (used in a goal for the Association Board) had a different connotation within the City. Mr. Linton confirmed that it was an issue of semantics, as the Association Board did not intend to be something that the City would not allow it to be. Councilor Tierney suggested that Birdshill Board members attend the Council's upcoming study session on neighborhood planning to give their expectations relative to the City, and to hear the City's expectations relative to the Association. Ms. Weigel indicated that she would also invite the members from the other dual-recognized neighborhood boards to provide input. Councilor Olson asked for information on the four other dual-recognized neighborhoods regarding when they came in, how many residences were in the City, and how much they have grown since then. Councilor Moncrieff observed that at, 199 tax lots, Birdshill would be one of the City's smallest neighborhood associations. She asked if there were more neighborhood associations waiting to form within the City's Urban Services Boundary. Ms. Weigel mentioned Skylands. She observed that the City's neighborhood associations ranged from 147 parcels (Skylands) to c. 1,600 (Palisades). Mr. Linton confirmed to Councilor Moncrieff that all parcels in Birdshill were either in the City of Lake Oswego or in unincorporated Clackamas County. He said that the County recognized Birdshill on June 16 as a CPO with the same boundaries as proposed for the neighborhood association. Mayor Hoffman commented that he could not tell from the list whether any Association officers or area representatives lived within Lake Oswego. He asked if the Association tried to get at least City Council Regular Meeting Minutes Page 11 of 17 July 21, 2009 one person involved who lived inside the city. Mr. Linton said yes, but it was a question of who would serve; they could not force anybody to serve. Mr. Linton indicated to Councilor Jordan that approximately 21 homes in Birdshill were on sewer service. A resident in the audience indicated that there were other tax lots on Fielding, Stampher, and Iron Mountain Roads that were also on sewer. Mayor Hoffman commented that piecemeal annexation was expensive for the City. He noted that septic tank failures required the City to annex parcels. He spoke of having a discussion with the dual-recognized neighborhoods regarding the sewer/septic tank issue. Councilor Jordan moved Resolution 09-26, granting recognition as a neighborhood association to the Birdshill neighborhood. Councilor Olson seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Moncrieff, Olson, Tierney, Johnson, and Jordan voting `aye.' [6-0] Mayor Hoffman welcomed Birdshill to the Lake Oswego community. 8.2 Resolution 09-43, delegating to the City Manager authority to award certain contracts and approve amendments and change orders to contracts relating to the Lake Oswego Interceptor Sewer(LOIS) project Mr. Komarek referenced his description in his report of the statutory authority granted to the City in terms of public contracting rules, including the Council delegating a certain amount of authority to the Public Contracting Officer (City Manager) for awarding contracts on behalf of the City (p. 195). He noted the further discussion in his report of awarding public contracts relative to the unique, large, and complex LOIS project (p. 196). He explained that the staff request tonight was to add another tool to the toolbox of the comprehensive risk management/cost management program that staff developed for the project. He indicated staff's concern that, in the event of an unanticipated event that required a quick response and a contract exceeding $100,000, the Council meeting only twice a month could delay dealing with the event. He emphasized that staff was committing to keeping the Council informed, should an event occur that might cause the Public Contracting Officer to have to award a contract or amendment that was greater than his current authority of$100,000. Councilor Johnson recalled that she had asked early on in this discussion to convene the Council LOIS subcommittee to discuss this issue, yet the report contained no information on that request. Mr. Komarek indicated that this staff request was a result of the staff discussion with the subcommittee regarding the consulting firm hiring a sub consultant to do an analysis of potential risks for the project as part of risk management. Mr. McIntyre observed that the practicality of getting the subcommittee together within a 24 to 72- hour window could prove challenging. He explained that he thought of using the Digest process to inform the Council of change orders so that the full Council could see it, instead of going through the subcommittee. He indicated that, should these large change orders occur in a regular pattern, then it would make sense to call the subcommittee together to look at any symptomatic problems that might be occurring. Councilor Johnson clarified that, for the larger ticket items (between $100,000 and $250,000), she thought the subcommittee should discuss them first, and then staff could put the information in the Digest. Mr. McIntyre indicated that staff could start meeting with the subcommittee on a monthly or bimonthly basis during the construction phase in order to apprise the subcommittee of all activities associated with the project, and to present a more detailed project update than those presented at the Council meetings. Councilor Tierney stated that he supported the resolution because the magnitude of the LOIS project was such that $250,000 was a reasonable number. He stated a second reason as the staff communications with the Council and their provision of information to those interested assured the City Council Regular Meeting Minutes Page 12 of 17 July 21, 2009 Council that it had some management control. He pointed out that the bottom line was that the Council would hold Mr. McIntyre and Mr. Komarek responsible for the project. He commented that this resolution did not take away any Council authority but it did give staff the latitude needed to move more quickly. He held that it was an appropriate action at the management level. He recalled that, when he asked about dealing with issues through Council subcommittees at the Council's January goal-setting meeting, the resounding answer was no, as there were no subcommittees. Yet Councilor Johnson just now mentioned a Council subcommittee. He suggested discussing at a future meeting whether the Council had subcommittees to deal with issues. Mr. Powell concurred that Council subcommittees were an important point to discuss. He explained the difference between a Council liaison to staff to receive information and report back to Council and a true Council subcommittee with delegated authority to make decisions or recommendations to the Council. He indicated that a true subcommittee had to comply with the public meeting laws. He suggested that 'subcommittee' in this case really meant a Council liaison. Councilor Olson asked for clarification on the construction process, and how often this situation might arise. Mr. Komarek concurred that the staff could likely catch 95% of these instances with the Council weekly meetings; it was the 5% that staff did not catch that could potentially cause delay. He commented that, while he hoped there would be none of these change orders, realistically they would have some. However, he could not predict their magnitude. He reiterated that this was simply another tool for the staff toolbox to allow a timely and flexible response to an unanticipated event. He commented that staff has done a good job of mitigating the risks to the extent that it could. Mr. McIntyre confirmed to Councilor Olson that his thought was to notify the Council whenever this situation arose, and to provide more information during the LOIS project update. He noted that one of the challenges in managing a project like this was getting the Council up to speed and comfortable with why a change order might be needed in an unanticipated event. He pointed out that a split Council vote added political and legal problems, complicating an already existing field management problem. He said that, from a practical point of view, this increase in authority, for this project only, made sense. He emphasized that nowhere else in the City's operations would he have authority to authorize anything over$100,000. He stated that the intent was to keep the project moving and on schedule, which was in the interest of all parties. Mr. Komarek commented that staff could provide information to the Council more effectively through the City Manager's Office. He mentioned that there was a formal process outlined in the contracting documents for evaluating the legitimacy of a claim and for apportioning the responsibility between the City and the contractor, through which any request for a change order must go. Councilor Jordan indicated that she supported the resolution in order to keep the project moving forward. She commented that the public's concern about change orders stemmed from the recent problem with change orders on the high school project. She asked what the trigger point was to analyze smaller change orders that were actually a $750,000 change order split up into different pieces. She spoke to making sure that staff checked back and reported to Council. She stated her belief that Mr. McIntyre and Mr. Komarek knew what they were doing, and would not do this lightly. Councilor Moncrieff concurred with Councilor Jordan's concerns. She commented that she was comfortable with the process and the system, including the LOIS team's excellent reporting job to the Council. She indicated that, as long as that continued, she was comfortable with the request. Councilor Tiern y reiterated that this was a magnitude issue; $250,000 was not an unreasonable amount for a $100 million project. He mentioned Mr. Komarek's willingness to sit down with him City Council Regular Meeting Minutes Page 13 of 17 July 21, 2009 and explain the lake full project in more detail. He held that staff had a number of measures in place to give the Council the comfort of not being surprised. Mayor Hoffman concurred. He spoke of the importance of Mr. McIntyre and Mr. Komarek keeping the City Council in the loop, and providing advance notice of any potential problems. He described this as a partnership between Council and the staff. He observed that the City Manager had a variety of ways to communicate with Council. Councilor Tierney moved adoption of Resolution 09-42. Councilor Johnson seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Moncrieff, Olson, Tierney, Johnson, and Jordan voting `aye.' [6-0] 8.3 Resolution 09-29, adopting strategies and principles to deploy electric vehicles and charging infrastructure Councilor Tierney declared a potential conflict of interest in that he was an employee of PGE, a potential partner in this application. He recused himself. Ms. Millhauser gave a PowerPoint presentation on the staff work regarding electric vehicles and working with regional partners to deploy this technology in Lake Oswego. She noted that the PGE pilot project provided a convenience charging station on A Avenue, just past 2nd Street; the City paid for the power, while PGE paid the additional increment for renewable power. She noted that Shorenstein Properties on their own installed a station at 500 Meadows Drive as part of their new LEED building. She reported that the City of Portland, the State of Oregon, and other regional partners were working with stakeholders to put together an application for stimulus funding to help install more charging infrastructure across the region and the state. This would help governments, companies, and other organizations to purchase more electric vehicles and to convert existing hybrid electric vehicles into plug-in electric vehicle. She indicated that staff joined the regional and state application and made a soft commitment to determine what it would take to convert the City's Priuses to plug-in hybrids, and to install charging stations at City Hall and the Maintenance facility. She explained that the project focus was on installing more infrastructure and vehicles throughout the region, with the first push being installation by employers for their fleet and employee use. She indicated that, if the region received the funding, then, in the first two years of this four-year program, the participants would install infrastructure, buy conversion kits, or purchase electric vehicles. Throughout the four years of the grant, the participants would gather data for the state, which Lake Oswego could also use in determining the cost of electricity to run fully electric vehicles versus fuel costs. She indicated that, if funded, staff would work with local organizations and neighborhood associations to identify places to install additional convenience charging stations, and to connect those interested with the right folks to install the stations. She mentioned that convenience stations did not get a great deal of use because people usually charged their vehicles at home overnight or at work during the day. However, the experts said that these stations needed to be very visible in the community or people would not feel comfortable that they could travel in electric vehicles beyond the current 30-mile range. She indicated to Councilor Moncrieff that electric vehicles also had a speed limit of 30 miles per hour. She mentioned that the newer vehicles coming out next year should have a greater range and speed. She said that three electric-vehicle-makers were looking to Oregon as a testing ground for highway-ready vehicles. She reviewed the staff proposal to consider six basic charging stations for City and employee use, purchasing kits to convert the Prius hybrids, and purchasing one fully electric vehicle in 2011. She indicated that the City's cost share was half the $3,000 cost for the charging stations (which City staff would install) plus the incremental difference between a regular sedan and a fully electric City Council Regular Meeting Minutes Page 14 of 17 July 21, 2009 sedan. She mentioned the additional requirement of staff time for data management, invoicing, and documentation. She explained that Resolution 09-29 adopted the memo of agreement (MOA) developed by the City of Portland to lay out the principles and strategies that would guide the regional collaboration, so that everyone would use the same signage and commit to the same type of program. She noted that the MOA also included a commitment to reducing green house gas emissions, reducing vehicle miles traveled by internal combustion engines, promoting balanced transportation systems, and reducing dependence on oil and petrol products. She reviewed the list of actions on pp. 209-210, which participants to the agreement intended to do. She noted that Lake Oswego was already doing or committed to doing many of them. She spoke of thinking about installing charging stations when designing new City facilities, and reviewing City codes to remove any barriers to charging stations. She emphasized that the last paragraph on p. 210 clarified that this agreement stated the intent of the parties and was not a legally binding document but rather a good faith collaborative effort. Councilor Jordan questioned the project title of`Charge Up Greater Portland.' Ms. Millhauser indicated that other local government people had asked for a more creative title than the original `Charge Up Portland.' She commented that the second title still might change, as it was a concern. Councilor Jordan commented that she thought this was a great idea. She noted that retrofitting existing parking garages would likely be costly, but the City could install charging stations on every floor of future parking facilities. Ms. Millhauser indicated to Councilor Moncrieff that the City's Prius hybrid cars would be highway-ready upon conversion, and not limited to 30 mph and a 30-mile range. She mentioned the neighborhood electric vehicles with their limited range, speed, and safety features. Councilor Jordan asked how the neighborhood electric vehicles complied with the seatbelt law, given that they did not have seatbelts. Ms. Millhauser indicated that the newer vehicles would have seatbelts. Ms. Millhauser indicated to Councilor Olson that the fully electric vehicles cost varied from competitive with a midrange sedan (Nissan) to expensive. Councilor Olson cited Ms. Papaefthimiou's earlier comment that electricity generation was one of the biggest contributors to global warming pollution in Oregon, and that the majority of energy used by homes came from burning coal and natural gas. She noted that the City already purchased mostly clean electricity. She expressed her concern that this effort encouraging electricity use was at cross-purposes with efforts like the Green Power Challenge. Ms. Millhauser said that there have been lengthy Internet chat discussions about this issue. She mentioned the finding that using electricity to power a vehicle (even 100% generated by burning coal) had a lower carbon impact for the miles traveled than using gasoline. She commented that Ms. Papaefthimiou mentioned that in her report because most people believed that the majority of Northwest electricity came from hydroelectric, when in fact investor-owned utilities obtained only a small slice of hydropower. Most of it went to public utility districts or industrial customers. Councilor Jordan moved adoption of Resolution 09-29, to adopt strategies and principl s to deploy electric vehicles and charging infrastructure. Councilor Johnson seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Moncrieff, Olson, Johnson, and Jordan voting 'aye.' [5-0] Councilor Tierney had recused hims If from voting. 9. INFORMATION FROM THE COUNCIL 9.1 Councilor Information Mayor Hoffman reported on the Mayors' Institute on City Design, held in Portland from July 15 - 17, with the theme of'Design Matters'. He explained that each of the West Coast mayors in City Council Regular Meeting Minutes Page 15 of 17 July 21, 2009 attendance presented a case study, Challenges and Opportunities, which a panel of eight experts from around the country critiqued. He said that he presented the 1st and B project in trying to decide whether a library would work as a North anchor to the South anchor of Millennium Park. He reported that the experts said no, because a library would not generate sufficient foot traffic to support the retail; however, a community center with lecture halls and a performance center that did not close before 10 p.m. could work. He indicated that the experts held that Foothills was critical to providing roofs for retail. They spoke of the importance of walking routes and restaurants. He referenced Ellen Dunham-Jones' comments regarding Millennials and Boomers. 77% of Millennials were looking for an urban environment in the suburbs, while 89% of Boomers wanted to live in an existing, walkable community. He mentioned the quote "Boomers have built a habitat that they cannot live in in old age." This was because in the last 10 to 15 years of life, people lost the use of a car, and the suburbs were auto-dependent. He indicated that the presentations were taped, and each mayor would receive a copy of his/her presentation. He mentioned that the experts were impressed with going down to the river and the walking paths in Lake Oswego. He reviewed the many concepts that he had jotted down: • Restaurants as the building blocks for a successful downtown; • Do not always think in terms of a building, but rather design the space within the context of a vision and an overall framework plan; • Development-based strategy; • Building consensus; • Giving people ownership of public sites; • Urban agriculture; • Using national talent; • Keep the car moving during your time and headed towards a destination; • Put a framework in place that is so compelling that it would endure for 25 years through multiple Councils and Mayors He said that they told him that Lake Oswego needed to maximize the number of people with access to the water and the river, and to minimize (preferably eliminate) the sewage treatment plant. They noted that Lake Oswego was all about water, even suggesting making Lake Oswego a waterfront city and pointing out the topographical opportunity to make Lake Oswego interesting. He indicated that someone thought that Lake Oswego needed to develop a growth strategy. He noted the suggestion that the City be opportunistic, while carefully evaluating the pluses and minuses of each site within the context of the greater vision. 9.2 Reports of Council Committees, Organizational Committees, and Intergovernmental Committees 10. REPORTS OF OFFICERS 10.1 City Manager 10.1.1 Review of Council Schedule Mr. McIntyre reminded the Council that Monday was the mid-year review. He indicated that staff would provide the Council with a detailed update on the status of all the goals. He asked the Council members to let him know if there was anything in particular on which they wanted advance information. City Council Regular Meeting Minutes Page 16 of 17 July 21, 2009 10.2 City Attorney Mr. Powell recalled the history of the condemnation proceedings on 706 McVey Avenue for the LOIS project. He reported that staff has reached a condemnation settlement of$855,000 plus $25,000 for costs and attorneys' fees (per Oregon statute). He noted that the settlement amount represented a compromise between the owner's appraisal of$895,000 and the City's appraisal of $800,000. He recommended that the Council adopt a motion approving the settlement terms. Councilor Tierney moved to approve the settlement of the condemnation and the acquisition of the property at 706 McVey for$855,000 plus $25,000 in costs and attorney fe s. Councilor Jordan seconded the motion. A voice vote was taken, and the motion pass d with Mayor Hoffman, Councilors Moncrieff, Olson, Tierney, Johnson, and Jordan voting 'aye.' [6-0] 11. ADJOURNMENT Mayor Hoffman mentioned several documents available to Councilors, including the City's Citizen Involvement guidelines, the UGMA, and the Neighborhood Planning.document. Mayor Hoffman adjourned the meeting at 9:42 p.m. Respectfully submitted, Robyn hristie City Recorder APPROVED BY THE CITY COUNCIL: O Octob r 6 2009 J D. Hoffman, ay City Council Regular Meeting Minutes Page 17 of 17 July 21, 2009