December 14-15, 2022 Council Agenda

5691

City Hall – 1221 SW Fourth Avenue, Portland, OR 97204

In accordance with Portland City Code and state law, City Council will hold hybrid public meetings, which provides for both virtual and limited in-person attendance. Members of council will elect to attend remotely by video and teleconference, or in-person. The City has made several avenues available for the public to listen to the audio broadcast of this meeting, including the City's YouTube Channel, eGov PDX, the Open Signal website, and Xfinity Channel 30 and 330.

Questions may be directed to councilclerk@portlandoregon.gov

Meeting Minutes

Wednesday, December 14, 2022 9:30 am

Session Status

Recessed

Council in Attendance

Former Mayor Ted Wheeler

Former Commissioner Carmen Rubio

Councilor Dan Ryan

Former Commissioner Jo Ann Hardesty

Former Commissioner Mingus Mapps

Mayor Wheeler presided.

Commissioner Ryan arrived at 9:32 a.m.

Officers in attendance: Karen Moynahan, Chief Deputy City Attorney; Keelan McClymont, Council Clerk

The Consent Agenda was adopted on a Y-5 roll call.

Council recessed at 9:43 a.m. and reconvened at 9:45 a.m.

Council recessed at 9:54 a.m. and reconvened at 9:55 a.m.

Council recessed at 11:53 a.m. and reconvened at 11:58 a.m.

Council recessed at 12:43 p.m.

Public Communications

1034

Request of Eric Smith to address Council regarding crime and environmental health and safety (Public Communication)

Document number

1034-2022

Council action

Placed on File

1035

Request of Autumn West to address Council regarding sidewalks, public access, and the Americans with Disabilities Act (Public Communication)

Document number

1035-2022

Council action

Placed on File

1036

Request of Ragan VanSise to address Council regarding crime and houselessness (Public Communication)

Document number

1036-2022

Council action

Placed on File

1037

Request of Mariana Garcia Medina to address Council regarding the Joint Terrorism Task Force resolution (Public Communication)

Document number

1037-2022

Council action

Placed on File

Jessica Maravilla presented to Council for item 1037.

Time Certain

1038

Appoint Elizabeth Brett and Sharon Nobbe to the Building Code Board of Appeal for terms to expire December 13, 2025 (Report)

Document number

1038-2022

Introduced by

Former Mayor Ted Wheeler

Councilor Dan Ryan

City department

Permitting & Development

Time certain

9:45 am

Time requested

15 minutes

Council action

Confirmed

Motion to accept the report: Moved by Ryan and seconded by Hardesty.

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1039

*Ratify a successor collective bargaining agreement between the City and Laborers Local 483-Recreation for the terms and conditions of employment of represented employees in the Recreation bargaining unit (Emergency Ordinance)

Ordinance number

191114

Introduced by

Former Mayor Ted Wheeler

Former Commissioner Carmen Rubio

City department

Human Resources

Parks & Recreation

Time certain

10:00 am

Time requested

20 minutes (1 of 2)

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1040

*Ratify a successor collective bargaining agreement between the City and Laborer's Local 483 relating to the terms and conditions of employment of Seasonal Maintenance Workers for 2022-2026 (Emergency Ordinance)

Ordinance number

191115

Introduced by

Former Mayor Ted Wheeler

City department

Human Resources

Time certain

10:00 am

Time requested

20 minutes (2 of 2)

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

Consent Agenda

1041

Proclaim results of the Municipal Non-partisan General Election on Measure 26-228: Amends Charter: Changes Portland's government structure and process for electing city officials (Proclamation)

Document number

1041-2022

Introduced by

Former Mayor Ted Wheeler

Council action

Placed on File

1042

*Authorize one-time exception to Title 17 Underground Wiring Districts Code to allow for the placement of electrical conduit and lighting in the public right of way on NW 3rd Ave between NW Couch St and NW Davis St (allow exception to Code Section 17.60.020) (Emergency Ordinance)

Ordinance number

191101

Introduced by

Former Mayor Ted Wheeler

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1043

Accept grant in the amount of $1,200,000 and appropriate $120,350 for FY 2022-23 from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance National Sexual Assault Kit Initiative FY 2022 for Sexual Assault Management System enhancements and deployment (Ordinance)

Ordinance number

191102

Introduced by

Former Mayor Ted Wheeler

City department

Police

Second reading agenda 1008.

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1044

Authorize the Bureau of Environmental Services to acquire certain permanent and temporary property rights necessary for construction of the Columbia Slough Outfall 58 Project through negotiation or the exercise of the City’s eminent domain authority (Ordinance)

Ordinance number

191103

Introduced by

Former Commissioner Mingus Mapps

City department

Environmental Services

Second reading agenda item 1011.

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1045

Authorize competitive solicitation and contract with the lowest responsible bidder and provide payment for construction of the Stark Trunk Rehabilitation Project for an estimated cost of $5,266,000 (Ordinance)

Ordinance number

191104

Introduced by

Former Commissioner Mingus Mapps

City department

Environmental Services

Second reading agenda item 1012.

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1046

Approve findings to authorize an exemption to the competitive bidding requirements and approve use of the alternative contracting method of Construction Manager/General Contractor for the Dam No. 1 Spillway Gates Replacement Project for an estimated amount of $2,650,000 (Ordinance)

Ordinance number

191105

Introduced by

Former Commissioner Mingus Mapps

City department

Water

Second reading agenda item 1013.

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1047

Authorize contract with McMillen, LLC for design services for the Dam 1 Spillway Gates Replacement Project in the amount of $1,329,325 (Ordinance)

Ordinance number

191106

Introduced by

Former Commissioner Mingus Mapps

City department

Water

Second reading agenda item 1014.

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Mingus Mapps

1048

Authorize bid solicitation and contract with the lowest responsive and responsible bidder for construction of the North Schmeer Road East of Whitaker Road Project for an estimated cost of $1,386,000 (Ordinance)

Ordinance number

191107

Introduced by

Former Commissioner Mingus Mapps

City department

Water

Second reading agenda item 1015.

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1049

Authorize bid solicitation and contract with the lowest responsive and responsible bidder for construction of the Road 10 I and J North Fork BR MP 14.44 Project for an estimated cost of $1,820,000 (Ordinance)

Ordinance number

191108

Introduced by

Former Commissioner Mingus Mapps

City department

Water

Second reading agenda item 1016.

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1050

Accept grant for $100,000 from Metro and authorize Intergovernmental Agreement for the bulky waste collection activities for single and multifamily properties (Ordinance)

Ordinance number

191109

Introduced by

Former Commissioner Carmen Rubio

City department

Planning and Sustainability (BPS)

Second reading agenda item 1017.

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1051

Accept grant for $783,176 from Metro and authorize Intergovernmental Agreement for the per-capita distribution and Business Food Waste Requirement (Ordinance)

Ordinance number

191110

Introduced by

Former Commissioner Carmen Rubio

City department

Planning and Sustainability (BPS)

Second reading agenda item 1018.

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1052

*Authorize price agreement with Northwest Success, Inc., an Oregon Forward Contractor, for janitorial services at Portland Parks & Recreation locations not to exceed $1 million for a nine-month term (Emergency Ordinance)

Ordinance number

191111

Introduced by

Former Commissioner Carmen Rubio

City department

Parks & Recreation

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1053

Approve and terminate limited tax exemptions for properties under the Homebuyer Opportunity Limited Tax Exemption Program (Resolution)

Resolution number

37603

Introduced by

Councilor Dan Ryan

City department

Housing Bureau

Council action

Adopted

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1054

*Authorize contract with the lowest responsible bidder for the Halsey Corridor Lighting project (Emergency Ordinance)

Ordinance number

191112

Introduced by

Former Commissioner Jo Ann Hardesty

City department

Transportation

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1055

*Authorize contract with the lowest responsible bidder for the NE/SE 82nd Ave Corridor Lighting project (Emergency Ordinance)

Ordinance number

191113

Introduced by

Former Commissioner Jo Ann Hardesty

City department

Transportation

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1056

Certify abstract of votes cast, candidates elected, and proclaim Measure 26-228 approved at the Municipal Non-Partisan General Election held on November 8, 2022 (Report)

Document number

1056-2022

Introduced by

Former Auditor Mary Hull Caballero

City department

Auditor's Office

Elections

Council action

Accepted

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

Regular Agenda

1057

Adopt Human Resources Administrative Rule, Employee Work Location, to define allowable work location and related criteria (add HRAR 4.045) (Ordinance)

Ordinance number

191127

Introduced by

Former Mayor Ted Wheeler

City department

Human Resources

Time requested

15 minutes

Council action

Passed to second reading

Passed to second reading January 4, 2023 at 9:30 a.m.

1058

Accept the Chief Procurement Officer's recommendation for contract to Ferguson Waterworks for water works supplies not to exceed $20 million (Report)

Document number

1058-2022

Introduced by

Former Mayor Ted Wheeler

Time requested

5 minutes

Council action

Accepted - Prepare Contract

Motion to accept the report: Moved by Hardesty and seconded by Wheeler.

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1059

Add Regulation of Third-Party Food Platforms Code related to permanent limitations on the fees third-party food platforms may charge and the terms they may impose upon restaurants and delivery persons (add Code Chapter 7.27) (Ordinance)

Ordinance number

191126

Introduced by

Former Mayor Ted Wheeler

City department

Revenue Division

Second reading agenda item 1002.

Council action

Passed to second reading as amended

Motion to accept amended Exhibit A: Moved by Wheeler and seconded by Hardesty. (Y-5)
Passed to second reading January 4, 2023 at 9:30 a.m. as amended

1060

Establish 2023 sale price cap for the Homebuyer Opportunity Limited Tax Exemption Program (Resolution)

Resolution number

37604

Introduced by

Councilor Dan Ryan

City department

Housing Bureau

Time requested

20 minutes

Council action

Adopted

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1061

Approve application under the Multiple-Unit Limited Tax Exemption Program under the Inclusionary Housing Program for 23rd & Marshall Apartments located at 1137 NW 23rd Ave (Ordinance)

Ordinance number

191116

Introduced by

Councilor Dan Ryan

City department

Housing Bureau

Second reading agenda item 1030.

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1062

*Approve findings to authorize exemption to the competitive bidding requirements and approve use of the alternative contracting method of a Construction Manager/General Contractor for the 82nd Ave Major Maintenance Project (Emergency Ordinance)

Ordinance number

191119

Introduced by

Former Commissioner Jo Ann Hardesty

City department

Transportation

Time requested

10 minutes

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1063

*Create a local improvement district to construct street, sidewalk, and stormwater improvements in the SE 89th Ave and Taylor St Local Improvement District (Hearing; C-10072) (Emergency Ordinance)

Ordinance number

191117

Introduced by

Former Commissioner Jo Ann Hardesty

City department

Transportation

Second reading agenda item 1000.

Council action

Passed As Amended

Motion to amend the ordinance to add Directive U and add an emergency clause to provide assurance of performance under Code Section 17.24.055 for frontage improvements to enable construction of Berrydale Park as soon as possible: Moved by Hardesty and seconded by Wheeler. (Y-5)

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1064

Authorize a 5-year deferral of single-family residential assessments in the SE 89th Ave and Taylor St Local Improvement District (C-10072) (Ordinance)

Ordinance number

191118

Introduced by

Former Commissioner Jo Ann Hardesty

City department

Transportation

Second reading agenda item 1001.

Council action

Passed

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

Four-Fifths Agenda

1064 - 1

Appoint K.C. Lewis to the Police Accountability Commission (Resolution)

Resolution number

37605

Introduced by

Former Mayor Ted Wheeler

Former Commissioner Jo Ann Hardesty

City department

Community Safety Division

Time requested

10 minutes

Council action

Adopted

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

Wednesday, December 14, 2022 2:00 pm

Session Status

Recessed

Council in Attendance

Former Commissioner Carmen Rubio

Councilor Dan Ryan

Former Commissioner Jo Ann Hardesty

Former Commissioner Mingus Mapps

Commissioner Mapps presided.

Officers in attendance: Karen Moynahan, Chief Deputy City Attorney; Keelan McClymont, Council Clerk

Council recessed at 2:51 p.m.

Time Certain

1065

Accept the City of Portland Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2022 and corresponding financial audit (Report)

Document number

1065-2022

Introduced by

Former Mayor Ted Wheeler

Time certain

2:00 pm

Time requested

1 hour

Council action

Accepted

Motion to accept the report: Moved by Hardesty and seconded by Ryan.

Aye (4):
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Mingus Mapps
Absent (1):
- Ted Wheeler

Thursday, December 15, 2022 2:00 pm

Session Status

Adjourned

Council in Attendance

Former Mayor Ted Wheeler

Former Commissioner Carmen Rubio

Councilor Dan Ryan

Former Commissioner Jo Ann Hardesty

Former Commissioner Mingus Mapps

Mayor Wheeler presided. Mayor Wheeler left at 3:25 p.m. and Commissioner Mapps presided.

Commissioner Ryan left at 4:18 p.m.

Mayor wheeler returned at 4:25 p.m. and presided.

Officers in attendance: Lauren King, Senior Deputy City Attorney; Robert Taylor, City Attorney; Megan Lehman, Acting Council Clerk

Council recessed at 3:13 p.m. and reconvened at 3:23 p.m.

Council adjourned at 5:11 p.m.

Time Certain

1066

Accept report from the City Arts Program (Report)

Document number

1066-2022

Introduced by

Former Mayor Ted Wheeler

Former Commissioner Carmen Rubio

Time certain

2:00 pm

Time requested

30 minutes

Council action

Accepted

Motion to accept the report: Moved by Mapps and seconded by Wheeler.

Aye (5):
- Mingus Mapps
- Carmen Rubio
- Ryan
- Jo Ann Hardesty
- Ted Wheeler

1067

Accept Regional Arts & Culture Council FY 2021-22 Annual Report (Report)

Document number

1067-2022

Introduced by

Former Mayor Ted Wheeler

Former Commissioner Carmen Rubio

Time certain

2:30 pm

Time requested

1 hour

Council action

Placed on File

Motion to accept the report: Moved by Wheeler and seconded by Hardesty. (Y-Rubio, Wheeler; N-Mapps, Hardesty; Ryan absent). Council failed to accept the report.