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Commission approves first reading of stormwater billing code updates amid legal questions
Summary
The Oregon City Commission voted to approve the first reading of Ordinance 26-1008, updating Title 13 stormwater billing and credit rules based on the city's 2021 rate study, after public questioning about whether a constitutional 'Sheets' analysis had been prepared and shared.
The Oregon City City Commission on June 17 approved the first reading of Ordinance 26-1008, which updates municipal code language governing public utility service billing and stormwater credits.
Public Works Director Dana Webb told the commission the redline changes incorporate small edits requested at the June 3 work session and a narrow addition from utility customer service to allow enforcement when a water meter box is obstructed by a customer. Webb said the amendments reflect recommendations from the city's 2021 stormwater utility rate study, which allocated costs and recommended that credits apply only to commercial properties.
During public comment, resident Jim Nocito pressed the commission for any legal analysis applying the California Sheets line of cases to the proposed ordinance and asked whether that analysis had been prepared and circulated before the February work session. Nocito said the issue raises “very important constitutional questions” and requested disclosure of any attorney analysis before second reading.
A staff member responding to the comment said the 2021 stormwater plan was the basis for the $15.61 monthly residential charge and that the plan's allocation methodology informed the code wording. City staff asserted that documents supporting the proposal are in the public record. In response to Nocito's request for further legal materials, Ms. Rector stated, “Everything that is in the record is there,” and invited follow-up before the second reading.
Commissioner Adam Marl moved to approve the ordinance's first reading; a second was recorded and the ordinance passed first reading on a roll call vote with Commissioners Adam Marl, Scott Wilson and Mike Mitchell and Mayor Denise McGriff voting aye. The first-reading approval advances the ordinance to a scheduled second reading and possible final adoption at a subsequent meeting.
Why it matters: The code changes will clarify who is eligible for stormwater fee credits and memorialize practices described in the 2021 rate study. Opponents and at least one resident speaker raised constitutional concerns tied to recent case law; staff pointed to the 2021 study as the technical and allocation basis for the changes. The commission will consider any additional materials and legal analyses before taking final action.
