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

In this Agenda

Session Status
Recessed
Council in Attendance
Mayor Ted Wheeler
Commissioner Carmen Rubio
Commissioner Dan Ryan
Former Commissioner Jo Ann Hardesty
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.

Communications

1034

Request of Eric Smith to address Council regarding crime and environmental health and safety (Communication)
Document number
1034-2022
Disposition
Placed on File

1035

Request of Autumn West to address Council regarding sidewalks, public access, and the Americans with Disabilities Act (Communication)
Document number
1035-2022
Disposition
Placed on File

1036

Request of Ragan VanSise to address Council regarding crime and houselessness (Communication)
Document number
1036-2022
Disposition
Placed on File

1037

Request of Mariana Garcia Medina to address Council regarding the Joint Terrorism Task Force resolution (Communication)
Document number
1037-2022
Disposition
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
Mayor Ted Wheeler
Commissioner Dan Ryan
Bureau
Development Services
Time certain
9:45 am
Time requested
15 minutes
Disposition
Confirmed
Motion to accept the report: Moved by Ryan and seconded by Hardesty.
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191114
Introduced by
Mayor Ted Wheeler
Commissioner Carmen Rubio
Bureau
Human Resources
Parks & Recreation
Time certain
10:00 am
Time requested
20 minutes (1 of 2)
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191115
Introduced by
Mayor Ted Wheeler
Bureau
Human Resources
Time certain
10:00 am
Time requested
20 minutes (2 of 2)
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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
Mayor Ted Wheeler
Disposition
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)
Document number
191101
Introduced by
Mayor Ted Wheeler
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191102
Introduced by
Mayor Ted Wheeler
Bureau
Police
Second reading agenda 1008.
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191103
Introduced by
Commissioner Mingus Mapps
Bureau
Environmental Services
Second reading agenda item 1011.
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191104
Introduced by
Commissioner Mingus Mapps
Bureau
Environmental Services
Second reading agenda item 1012.
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191105
Introduced by
Commissioner Mingus Mapps
Bureau
Water
Second reading agenda item 1013.
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191106
Introduced by
Commissioner Mingus Mapps
Bureau
Water
Second reading agenda item 1014.
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Commissioner Mingus Mapps Yea

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)
Document number
191107
Introduced by
Commissioner Mingus Mapps
Bureau
Water
Second reading agenda item 1015.
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191108
Introduced by
Commissioner Mingus Mapps
Bureau
Water
Second reading agenda item 1016.
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

1050

Accept grant for $100,000 from Metro and authorize Intergovernmental Agreement for the bulky waste collection activities for single and multifamily properties (Ordinance)
Document number
191109
Introduced by
Commissioner Carmen Rubio
Bureau
Planning and Sustainability (BPS)
Second reading agenda item 1017.
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

1051

Accept grant for $783,176 from Metro and authorize Intergovernmental Agreement for the per-capita distribution and Business Food Waste Requirement (Ordinance)
Document number
191110
Introduced by
Commissioner Carmen Rubio
Bureau
Planning and Sustainability (BPS)
Second reading agenda item 1018.
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191111
Introduced by
Commissioner Carmen Rubio
Bureau
Parks & Recreation
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

1053

Approve and terminate limited tax exemptions for properties under the Homebuyer Opportunity Limited Tax Exemption Program (Resolution)
Document number
37603
Introduced by
Commissioner Dan Ryan
Bureau
Housing Bureau
Disposition
Adopted
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

1054

*Authorize contract with the lowest responsible bidder for the Halsey Corridor Lighting project (Emergency Ordinance)
Document number
191112
Introduced by
Former Commissioner Jo Ann Hardesty
Bureau
Transportation
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

1055

*Authorize contract with the lowest responsible bidder for the NE/SE 82nd Ave Corridor Lighting project (Emergency Ordinance)
Document number
191113
Introduced by
Former Commissioner Jo Ann Hardesty
Bureau
Transportation
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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
Bureau
Portland City Auditor
Elections Office
Disposition
Accepted
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

Regular Agenda

1057

Adopt Human Resources Administrative Rule, Employee Work Location, to define allowable work location and related criteria (add HRAR 4.045) (Ordinance)
Document number
191127
Introduced by
Mayor Ted Wheeler
Bureau
Human Resources
Management and Finance
Time requested
15 minutes
Disposition
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
Mayor Ted Wheeler
Bureau
Management and Finance
Revenue and Financial Services
Time requested
5 minutes
Disposition
Accepted - Prepare Contract
Motion to accept the report: Moved by Hardesty and seconded by Wheeler.
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191126
Introduced by
Mayor Ted Wheeler
Bureau
Management and Finance
Revenue and Financial Services
Revenue Division
Second reading agenda item 1002.
Disposition
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)
Document number
37604
Introduced by
Commissioner Dan Ryan
Bureau
Housing Bureau
Time requested
20 minutes
Disposition
Adopted
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191116
Introduced by
Commissioner Dan Ryan
Bureau
Housing Bureau
Second reading agenda item 1030.
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191119
Introduced by
Former Commissioner Jo Ann Hardesty
Bureau
Transportation
Time requested
10 minutes
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191117
Introduced by
Former Commissioner Jo Ann Hardesty
Bureau
Transportation
Second reading agenda item 1000.
Disposition
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)
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

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)
Document number
191118
Introduced by
Former Commissioner Jo Ann Hardesty
Bureau
Transportation
Second reading agenda item 1001.
Disposition
Passed
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

Four-Fifths Agenda

1064 - 1

Appoint K.C. Lewis to the Police Accountability Commission (Resolution)
Document number
37605
Introduced by
Mayor Ted Wheeler
Former Commissioner Jo Ann Hardesty
Bureau
Community Safety Division
Management and Finance
Time requested
10 minutes
Disposition
Adopted
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

Session Status
Recessed
Council in Attendance
Commissioner Carmen Rubio
Commissioner Dan Ryan
Former Commissioner Jo Ann Hardesty
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
Mayor Ted Wheeler
Bureau
Revenue and Financial Services
Time certain
2:00 pm
Time requested
1 hour
Disposition
Accepted
Motion to accept the report: Moved by Hardesty and seconded by Ryan.
Votes
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Commissioner Mingus Mapps Yea
Mayor Ted Wheeler Absent

Session Status
Adjourned
Council in Attendance
Mayor Ted Wheeler
Commissioner Carmen Rubio
Commissioner Dan Ryan
Former Commissioner Jo Ann Hardesty
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
Mayor Ted Wheeler
Commissioner Carmen Rubio
Bureau
Management and Finance
Time certain
2:00 pm
Time requested
30 minutes
Disposition
Accepted
Motion to accept the report: Moved by Mapps and seconded by Wheeler.
Votes
Commissioner Mingus Mapps Yea
Commissioner Carmen Rubio Yea
Commissioner Dan Ryan Yea
Former Commissioner Jo Ann Hardesty Yea
Mayor Ted Wheeler Yea

1067

Accept Regional Arts & Culture Council FY 2021-22 Annual Report (Report)
Document number
1067-2022
Introduced by
Mayor Ted Wheeler
Commissioner Carmen Rubio
Bureau
Management and Finance
Time certain
2:30 pm
Time requested
1 hour
Disposition
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.

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