January 10-11, 2024 Council Agenda

5747

Council Chambers in City Hall are closed for renovations.

In accordance with Portland City Code and state law, City Council holds hybrid public meetings, which provide for both virtual and in-person participation. Members of council will attend virtually. Space is available for community members to watch council meetings and provide public testimony in the Lizzie Weeks Room at the Portland Building at 1120 SW Fifth Avenue, Room 100, Portland, OR 97204. The City makes several avenues available for the public to listen to and watch the broadcast of this meeting, including the City's YouTube Channel, the Open Signal website, and Xfinity Channel 30 and 330.

Questions may be directed to councilclerk@portlandoregon.gov

Meeting Minutes

In this agenda

Wednesday, January 10, 2024 9:30 am

Session Status

Recessed

Council in Attendance

Mayor Ted Wheeler

Commissioner Carmen Rubio

Commissioner Dan Ryan

Commissioner Rene Gonzalez

Commissioner Mingus Mapps

Mayor Wheeler presided.

Officers in attendance: Naomi Sheffield, Senior Deputy City Attorney; Keelan McClymont, Council Clerk

Motion to elect Commissioner Mapps President of the Council: Moved by Wheeler and seconded by Rubio. (Y-5)

Motion to hold Council meetings at the 1900 Building, 1900 SW 4th Ave., beginning the week of January 16th, 2024 until Council Chamber renovations are complete at City Hall: Moved by Wheeler and seconded by Mapps. (Y-5)

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

Council recessed at 11:33 a.m. and reconvened at 11:43 a.m.
Council recessed at 1:11 p.m.

Communications

1

Request of Joanne Rees to address Council regarding Reedway Safe Rest Village (Communication)

Document number

1-2024

Council action

Placed on File

2

Request of Kathleen Sharp to address Council regarding parks in Northwest Portland (Communication)

Document number

2-2024

Council action

Placed on File

3

Request of Micha Palmer to address Council regarding homelessness and property theft (Communication)

Document number

3-2024

Council action

Placed on File

4

Request of Gregory Fisher to address Council regarding light rail lawsuit (Communication)

Document number

4-2024

Council action

Placed on File

5

Request of Jan Verrinder to address Council regarding safe biking and pedestrian infrastructure (Communication)

Document number

5-2024

Council action

Placed on File

Time Certain

6

Proclaim the second week of January 2024 to be Slavic and Eastern European Heritage week (Proclamation)

Document number

6-2024

Introduced by

Mayor Ted Wheeler

Commissioner Mingus Mapps

Time certain

9:45 am

Time requested

20 minutes

Council action

Placed on File

7

Accept the City of Portland 2024 Federal Legislative and Regulatory Agenda (Report)

Document number

7-2024

Introduced by

Mayor Ted Wheeler

City department

Government Relations

Time certain

10:05 am

Time requested

30 minutes (1 of 2)

Council action

Accepted

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

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

8

Accept the City of Portland 2024 State Legislative Agenda (Report)

Document number

8-2024

Introduced by

Mayor Ted Wheeler

City department

Government Relations

Time certain

10:05 am

Time requested

30 minutes (2 of 2)

Council action

Accepted

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

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

Consent Agenda

9

*Approve revisions to the Human Resources Administrative Rules related to General and Administrative Leaves of Absence and Military Leave (amend HRAR 6.01 and 6.07) (Emergency Ordinance)

Ordinance number

191570

Introduced by

Mayor Ted Wheeler

City department

Management and Finance

Human Resources

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

10

*Authorize Intergovernmental Agreement with Peninsula Drainage District No. 1 for repair and short-term emergency response of the Portland International Raceway Pump Station (Emergency Ordinance)

Ordinance number

191571

Introduced by

Mayor Ted Wheeler

City department

Management and Finance

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

11

Amend Business License Law Code related to Residential Rental Registration Program (amend Code Sections 7.02.100 and 7.02.890) (Ordinance)

Ordinance number

191586

Introduced by

Mayor Ted Wheeler

City department

Management and Finance

Revenue Division

Council action

Passed to second reading

Passed to second reading January 17, 2024 at 9:30 a.m.

12

Accept and appropriate grant for $51,425 from the State of Oregon Department of Emergency Management for the FY 2023 State Homeland Security Program (Ordinance)

Ordinance number

191572

Introduced by

Mayor Ted Wheeler

City department

Police

Second reading agenda item 1059

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

13

*Approve application under the Multiple-Unit Limited Tax Exemption Program under the Inclusionary Housing Program for Shortstack Fremont located at 32 NE Fremont St (Emergency Ordinance)

Ordinance number

191573

Introduced by

Commissioner Carmen Rubio

City department

Housing Bureau

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

14

Authorize the Portland Housing Bureau to charge direct, indirect, and administrative costs to bureau funds for effective and consistent administration of housing policy and programs (Ordinance)

Ordinance number

191587

Introduced by

Commissioner Carmen Rubio

City department

Housing Bureau

Council action

Passed to second reading

Passed to second reading January 17, 2024 at 9:30 a.m.

15

*Accept and appropriate grant for $60,000 from State of Oregon Department of Land Conservation and Development for the Housing Production Strategy – BIPOC Outreach Project (Emergency Ordinance)

Ordinance number

191574

Introduced by

Commissioner Carmen Rubio

City department

Planning and Sustainability (BPS)

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

16

Consent to the transfer of a residential solid waste, recycling, and composting collection franchise from Elmer’s Sanitary Service LLC to Waste Management of Oregon, Inc. (Ordinance)

Ordinance number

191575

Introduced by

Commissioner Carmen Rubio

City department

Planning and Sustainability (BPS)

Second reading agenda item 1064.

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

17

Authorize Intergovernmental Agreement with Portland Community College for services provided by the Community Legal and Educational Access and Referral Clinic in partnership with the Immigrant and Refugee Program (Ordinance)

Ordinance number

191589

Introduced by

Commissioner Dan Ryan

City department

Office of Community & Civic Life

Council action

Passed to second reading

Passed to second reading January 17, 2024 at 9:30 a.m.

18

Authorize Intergovernmental Agreement and Amendments between Metro and the City through the Bureau of Emergency Communications for regional mapping and Geographic Information System data not to exceed $85,000 (Ordinance)

Ordinance number

191590

Introduced by

Commissioner Rene Gonzalez

City department

Emergency Communications (9-1-1)

Council action

Passed to second reading

Passed to second reading January 17, 2024 at 9:30 a.m.

19

*Accept grant for $1,780,591 from U.S. Department of Energy, authorize an Intergovernmental Agreement for the Park and Charge: Leveraging Utility Pole-Mounted Chargers to Increase Access to Overnight EV Charging in Portland, Oregon grant, and appropriate $750,000 in FY 2023-24 (Emergency Ordinance)

Ordinance number

191576

Introduced by

Commissioner Mingus Mapps

City department

Transportation

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

Regular Agenda

20

Authorize City Attorney to pursue review by Writ of Mandamus of the Opinion and Order on Plaintiffs’ Motion for a preliminary injunction issued in Duncan v. City of Portland (Resolution)

Resolution number

37644

Introduced by

Mayor Ted Wheeler

City department

City Attorney

Time requested

15 minutes

Council action

Adopted

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

21

Adopt the Budget Calendar for FY 2024-25 (Resolution)

Resolution number

37645

Introduced by

Mayor Ted Wheeler

City department

City Budget Office

Time requested

15 minutes

Council action

Adopted

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

22

*Approve revisions to the Human Resources Administrative Rule for Gender Identity and Non-Discrimination (amend HRAR 2.04) (Emergency Ordinance)

Ordinance number

191577

Introduced by

Mayor Ted Wheeler

City department

Management and Finance

Human Resources

Time requested

15 minutes

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

23

Authorize Price Agreements with Hicks Striping & Curbing, LLC and Specialized Pavement Marking, LLC to furnish on-call traffic striping and signing for $1 million per agreement (Procurement Report - ITB 00002141) (Report)

Document number

23-2024

Introduced by

Mayor Ted Wheeler

City department

Management and Finance

Time requested

15 minutes

Council action

Accepted - Prepare Contract

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

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

24

*Pay settlement of Angelica Clark bodily injury lawsuit for $158,000 involving the Portland Police Bureau (Emergency Ordinance)

Ordinance number

191578

Introduced by

Mayor Ted Wheeler

City department

Management and Finance

Risk Management

Time requested

15 minutes

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

25

*Pay settlement of Rodya Hutwagner bodily injury lawsuit for $100,000 involving the Portland Bureau of Transportation (Emergency Ordinance)

Ordinance number

191579

Introduced by

Mayor Ted Wheeler

City department

Management and Finance

Risk Management

Time requested

15 minutes

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

26

Authorize revenue bonds to provide not more than $53,430,000 to finance Veterans Memorial Coliseum projects (Ordinance)

Ordinance number

191593

Introduced by

Mayor Ted Wheeler

City department

Management and Finance

Time requested

15 minutes

Council action

Passed to second reading

Passed to second reading January 17, 2024 at 9:30 a.m.

27

*Authorize contract with Washington Park Transportation Management Association for transportation and visitor management services (Emergency Ordinance)

Ordinance number

191580

Introduced by

Commissioner Dan Ryan

City department

Parks & Recreation

Time requested

10 minutes

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

28

Amend Building Regulations Code to adopt portions of the 2021 International Building Code, the State of Oregon 2023 Edition of the Oregon Residential Specialty Code, and the 2022 Edition of the Oregon Structural Specialty Code (amend Code Sections 24.10.040 and 24.10.072, add Code Section 24.10.150) (Ordinance)

Ordinance number

191581

Introduced by

Commissioner Carmen Rubio

City department

Permitting & Development

Second reading agenda item 1078

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

29

Amend City Code to update certain boards of appeal terms, reduce the number of alternate members, and make other process changes (amend Code Titles 24, 25, 26, and 27) (Ordinance)

Ordinance number

191582

Introduced by

Commissioner Carmen Rubio

City department

Permitting & Development

Second reading agenda item 1079

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

30

*Amend Property Tax Exemption Code and System Development Charges for Affordable Housing Developments Code to temporarily enable homeownership opportunities for households earning up to 120 percent of median family income (amend Code Sections 3.102.040 and 30.01.095) (Emergency Ordinance)

Ordinance number

191595

Introduced by

Commissioner Carmen Rubio

City department

Housing Bureau

Time requested

15 minutes

Council action

Passed to second reading as amended

Motion to remove the emergency clause: Moved by Rubio and seconded by Mapps. (Y-5)
Passed to second reading as amended January 17, 2024 at 9:30 a.m.

31

Declare as surplus City-owned property at 3737 N Emerson St and adjacent recreational lot and authorize a public sale of the property (Ordinance)

Ordinance number

191583

Introduced by

Commissioner Mingus Mapps

City department

Environmental Services

Second reading agenda item 1072

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

32

*Authorize emergency construction contracts with Orr Inc., for an estimated amount of $1,885,610 for drinking water well repairs and upgrades (Emergency Ordinance)

Ordinance number

191584

Introduced by

Commissioner Mingus Mapps

City department

Water

Time requested

5 minutes

Council action

Passed

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler

Wednesday, January 10, 2024 2:00 pm

Session Status

Recessed

Council in Attendance

Mayor Ted Wheeler

Commissioner Carmen Rubio

Commissioner Dan Ryan

Commissioner Rene Gonzalez

Commissioner Mingus Mapps

Mayor Wheeler presided.

Commissioner Mapps arrived at 2:02 p.m.

Officers in attendance: Lauren King, Senior Deputy City Attorney; Keelan McClymont, Council Clerk

Council recessed at 2:50 p.m. and reconvened at 3:00 p.m.

Council recessed at 6:19 p.m.

Time Certain

33

Amend Property Tax Exemption for Multiple-Unit Housing Development Code and Inclusionary Housing Code to make technical corrections and adjust the property tax exemption for multiple-unit housing developments (suspend foregone revenue cap in Ordinance 188358; amend Code Chapter 3.103 and Code Section 30.01.120) (Ordinance)

Ordinance number

191610

Introduced by

Commissioner Carmen Rubio

City department

Housing Bureau

Time certain

2:00 pm

Time requested

1 hour

Council action

Passed to second reading

Passed to second reading January 31, 2024 at 10:00 a.m. Time Certain

34

Amend the Planning and Zoning Code to adopt temporary suspensions and permanent clarifications to development and process regulations as part of the Housing Regulatory Relief Project (amend Code Title 33) (Ordinance)

Ordinance number

191609

Introduced by

Commissioner Carmen Rubio

City department

Planning and Sustainability (BPS)

Time certain

3:00 pm

Time requested

2 hours

Oral record is closed. Written record closed January 12, 2024 at 5:00 p.m.

Council action

Continued

Rubio Amendment 1 - Motion to align regulations with recent state law changes, remove out-of-date language, and change some regulations to align with Title 30 inclusionary housing processes: Moved by Rubio and seconded by Mapps. Vote not called.

Rubio Amendment 2 - Motion to clarify application of the ground floor window requirement in the Central City plan district: Moved by Rubio and seconded by Mapps. Vote not called.

Rubio Amendment 3 - Motion to further reduce Design Review procedures temporarily for affordable housing projects: Moved by Rubio and seconded by Mapps. Vote not called.

Gonzalez Amendment 4 - Motion to reinstate staff’s original proposal to temporarily suspend bird-safe glazing requirement in the River overlay zone and Central City plan district when a proposal includes a residential use: Moved by Gonzalez and seconded by Ryan. Vote not called.

Gonzalez Amendment 5 - Motion to Replace Planning Commission’s ecoroof recommendation with staff’s original proposal to temporarily suspend the ecoroof requirement in the Central City plan district when a proposal includes a residential use: Moved by Gonzalez and seconded by Ryan. Vote not called.

Gonzalez Amendment 6 - Motion to temporarily suspend the 35 day deadline to post the neighborhood contact sign and send notification to recognized organizations when a proposal includes a residential use: Moved by Gonzalez and seconded by Ryan. Vote not called.

Gonzalez Amendment 7 - Motion to amend directive D to add 33.475.235.B, 333.510.223.B, and 33.510.243.B.: Moved by Gonzalez and seconded by Ryan. Vote not called.

Continued to January 17, 2023 at 2:00 p.m. Time Certain

Thursday, January 11, 2024 2:00 pm

Session Status

Adjourned

Council in Attendance

Mayor Ted Wheeler

Commissioner Carmen Rubio

Commissioner Dan Ryan

Commissioner Rene Gonzalez

Commissioner Mingus Mapps

Mayor Wheeler presided.

Commissioner Ryan arrived at 2:02 p.m.

Officers in attendance: Linly Rees, Chief Deputy City Attorney; Keelan McClymont, Council Clerk

Council adjourned at 4:36 p.m.

Time Certain

35

Consider appeal by the West Portland Park Neighborhood Association against the Hearings Officer’s decision to approve with conditions a Conditional Use Master Plan and Adjustment Review for improvements to athletic facilities at Jackson Middle School (LU 22-185273 CU MS AD) (Report)

Document number

92-2024

Introduced by

Commissioner Carmen Rubio

City department

Permitting & Development

Time certain

2:00 pm

Time requested

90 minutes

Council action

Tentatively deny appeal and uphold decision of Hearings Officer

Motion to the extent that there are new facts or other new evidence in the oral statements today or submitted in written testimony, the Council intends to reject and will not consider that evidence as part of their final decision, and that will be reflected in the findings: Moved by Mapps and seconded by Ryan. (Y-5)

Motion to tentatively deny appeal and uphold the decision of the Hearings Officer, ask the applicant to add the condition proposed on October 20, 2023, prepare revised findings, and work with staff to return to Council with revised findings: Moved by Wheeler and seconded by Mapps.

Prepare Findings for January 31, 2024 at 10:10 a.m. Time Certain

Aye (5):
- Carmen Rubio
- Dan Ryan
- Rene Gonzalez
- Mingus Mapps
- Ted Wheeler