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CITY COUNCIL REGULAR MEETING
MINUTES
January 5, 2010
Ot[GON
Mayor Jack Hoffman called the regular City Council meeting to order at 6:35 p.m. on
January 5, 2010, in the City Council Chambers, 380 A Avenue.
Present: Mayor Hoffman, Councilors Jordan, Hennagin, Moncrieff, Olson, Tierney,
and Johnson.
Staff Present: Alex McIntyre, City Manager; David Powell, City Attorney; Robyn Christie,
City Recorder; Jan Wirtz, Parks & Recreation Dept; Kim Gilmer, Parks &
Recreation Director; Joel Komarek, LOIS Project Director; Jane Heisler,
LOIS Communications Director; Johanna Hastay, Associate Planner;
Christine Kirk, Public Affairs Director; Denise Frisbee, Planning & Building
Director; Denny Egner, Long Range Planning Manager; Guy Graham, Public
Works Director; Erika Rooney, Engineering Services Division Manager;
Jordan Wheeler, Management Analyst
Youth Council
Present: Youth Councilors Cooper and Silbert
3. PRESENTATIONS
3.1 Selection of Council President
Councilor Hennagin moved to elect Councilor Johnson as Council President. Councilor
Jordan seconded the motion. A voice vote was taken, and the motionap ssed with Mayor
Hoffman, Councilors Jordan, Hennagin, Moncrieff, Olson, Tierney, and Johnson voting
`aye.' [7-0]
3.2 Friends of Rogerson Clematis Collection at Luscher Farm
Ms. Wirtz indicated that Brewster Rogerson began his clematis collection in the late 1970s, prior to
his moving to Oregon from Kansas around 1980. He kept his collection in greenhouses until he
donated it to the Friends group, which moved it to Luscher Farm in 2005. She said that the
Friends had a greenhouse and display gardens at Luscher Farm open to the public. In addition,
the Friends provided classes and research on clematis cultivation and propagation.
She introduced Sally Geist, Board President, and Larry Beutler, husband of Curator Linda
Beutler.
Ms. Geist thanked the City for adopting the collection. She announced the collection's acceptance
as a `collection consortium' with the National North American Collections Consortium, a
designation of which they were very proud, as they were one of the few small collections in this
Consortium. She directed the Council to the handout provided and the Friends' website for further
information.
She announced that last June, at the International Clematis Society, she gave five pieces of a
clematis lost by Poland, which Brewster had had in the collection and the Friends propagated, to
people from Poland. Recently, the Polish collectors sent the Friends 68 clematis for addition to the
Rogerson collection.
She spoke of the Board's enthusiasm and strong commitment to volunteerism, and their
appreciation for the hard work, leadership, and knowledge of the collection's curator, Linda Beutler.
City Council Regular Meeting Minutes Page 1 of 16
January 5, 2010
Mr. Beutler explained that his wife was teaching a class tonight at Clackamas Community College.
He spoke of the transformation of Luscher Farm over the years with the continual expansion of the
gardens. He mentioned that the Friends were re -installing an heirloom apple orchard at the farm.
He clarified that either of the two pronunciations of clematis frequently heard were fine: one was
British and one was American.
He mentioned that although the Rogerson collection was one of the smallest in size in the North
American Consortium, it was the second largest in the country with respect to the number of plants
in its genus. He indicated that the 1,478 plants represented over 670 distinct types of clematis,
with 572 plants actually in the ground now. He said that their goal was to get all the plants in the
ground and to use the greenhouse for propagation and research. Ms. Geist mentioned that
volunteers maintained all the plants.
Ms. Geist indicated to Councilor Hennagin that while clematis roots did need to be shaded, they
could manipulate it a bit. Mr. Beutler noted that the apple orchard would serve to shade the roots
and provide climbing supports for the clematis. Ms. Geist informed the Councilor that the peak
blooming season was from May through September.
Mayor Hoffman asked the Boy Scout Webelos in attendance to introduce themselves. The seven
scouts were fourth graders from Lake Grove Elementary School working on earning their
citizenship badge.
3.3 Acquisition and planning history of Iron Mountain Park
Mayor Hoffman explained that he asked Ms. Gilmer to make this presentation because last
summer the City tore down the last house acquired in achieving this long-term vision. He
commented that it was through the leadership of Ms. Gilmer and others like her that the City
acquired this jewel of a park.
Ms. Gilmer concurred that it took decades of long-term vision and tenacity to reach the goal of
having a centrally located large natural area close to the middle of the city. She commented that a
major factor was staff being nimble in seeking opportunities when properties became available and
Councils approving funding to acquire those properties.
She gave a PowerPoint presentation to tell the story of Iron Mountain Park. She described the
park as primarily a natural area consisting of Douglas fir, mixed deciduous and fir forest, and rare
Oregon oak uplands. She noted the extensive trail system and the historic significance of the area
as the location of the iron mines connected with the iron production in George Rogers Park.
She mentioned that in 1963 the Schukart family donated the first of the 18 parcels that make up
this 45.72 -acre park. She commented that the $2.6 million spent over four decades to purchase
the parcels (most were purchased between 1990 and 2008) would be a much higher figure today.
She indicated that the majority of the funding came from parks and open space bond measures,
with the 2006 Metro parks and natural area bond providing funds to purchase the last parcel.
She presented several photos of the park, noting the viewing platform built by Paul Graham's son
when he was a Boy Scout and the area at the south end of the park where Mike Buck's group
diligently pulled ivy.
She presented the 1984 master plan for the site, which placed a priority on wildlife viewing, trails,
and preserving most of the park as a natural area, while including picnic facilities, a tennis court, a
playground, restrooms, and a small parking area. She mentioned that the Parks Commission in
1984 had not wanted to expand the wetlands but rather to concentrate more on natural area
protection elsewhere in the park.
She reviewed the property acquisitions timeline. She said that the City acquired the second parcel
in 1990 from the Oregon Community Foundation, followed by several pieces acquired from the
Trust for Public Lands, including an access from Fairway into the park. She mentioned the two
parcels acquired in 2000 from the Bothwells and the Inksters, the parcels acquired in 2002 from
City Council Regular Meeting Minutes Page 2 of 16
January 5, 2010
the Englands and the Elshires, and two more parcels from the Brons and the Grimwolds. She
explained that the acquisition of the little triangle from the Handels shifted the trail crossing private
land to crossing public land. She indicated that the City acquired the final parcel from Mr. Schamm
in 2008. She reported the Planning Department's estimate that 137 homes could have been built
on the park acreage.
She noted that special thanks was owed to the Mayors and Councils that purchased the properties:
Alice Schlenker, Bill Klammer, and Judie Hammerstad.
She discussed the next steps for the park. She spoke of doing resource management planning for
Iron Mountain Park in the next one to five years. She observed that it was a more ecologically
complex site than Cooks Butte and would require choices on how to manage the different
ecosystems. She gave an example of whether they should take out the young Douglas firs
growing in the oak savannah in order to preserve the oak savannah, or allow the Douglas firs to
keep growing. She discussed the long term needs of the park, mentioning trail system
improvements in particular and additional parking.
Ms. Gilmer concurred with Councilor Hennagin that it would make logical sense to acquire part of
the parcel that bifurcated the park in order to make the connections. She said that if the Council
was interested in doing so, staff could approach the property owner. At the Councilor's request,
she pointed out the trailhead locations on the map.
Councilor Jordan agreed that it would be good to acquire at least a portion of the property of
which Councilor Hennagin spoke for continuity. She observed that the parcel to the east was
isolated.
3.4 LOIS Update
Ms. Heisler described the types of activity that one could see currently on the lake. She reported
that the contractors have installed 50% of the piles and 64% of the anchors, and fused 40% of the
bottom pipe.
Mr. Komarek mentioned that the drilling contractor was overcoming the challenges posed by the
length of the ground anchors, which were now approaching 300 feet in the deepest portions of the
lake. He spoke of the extremely variable geology they were encountering in the lake, which has
caused some design changes. He said that staff was working through the issues with the drilling
and pile contractors, and the work was progressing satisfactorily. He mentioned that they were
making progress on the manholes and tether bracket installations.
He noted that later tonight, he would ask the Council to award a contract for the Bryant Road and
Foothills pump stations. He indicated that they were in the bidding phase for the lake down
contract, the next largest phase of the project. He reported that the work was complete in
Lakewood Bay and the contractor has completely demobilized from the former U.S. Bank area.
Ms. Heisler indicated that staff met with the Woodside HOA and the Blue Heron Neighborhood
Association to update them on what to expect on the pump station activity. She noted that staff
posted both regular project updates and the pump station bid results on the website. She
mentioned the "Working in the Cold" video posted on the website. She reported that TVCTV was
broadcasting both the "Overview" and "In -water Work" videos daily. She noted the LO Down and
Digest updates, and the Lake Oswego Review article explaining the need to put the curve in the
buoyancy pipe in order to keep the pipe at the correct alignment and grade.
Mr. Komarek reported that they were still on schedule with the lake full project, the lake down
phase, and the Bryant/Foothills pump stations. He mentioned the preliminary discussions with
Council regarding Phases 5 and 6. He indicated that if they moved forward with those phases,
then they would want the work to coincide with the lowest summer flows in the sewer lines,
because both phases involved significant bypass operations.
City Council Regular Meeting Minutes Page 3 of 16
January 5, 2010
He reported that the project has a little over $33 million in expenditures. Staff was still confident in
their projections that the project would come in just over $100 million. He mentioned staff's
expectation that the market would remain favorable for competitive pricing during the lake down
phase bidding.
Mr. Komarek indicated to Councilor Hennagin that the new barge pieces he saw delivered were
for one or two additional barges. He explained that the contractor would mobilize up to three dive
crews in order to make sure that he completed the work on time.
Mr. Komarek indicated to Councilor Tierney that the negotiations with the contractor did relate to
the piles and anchors. He mentioned seeing a preliminary request of an additional $600,000 for
the work. He pointed out that because of the changing geology, the contractor would likely not
complete quite a bit of the work outlined in the original bid, thus reducing that cost by $300,000.
Therefore, the net difference would be around a $300,000 increase.
He confirmed to Councilor Jordan that the former U.S. Bank property was open again as a
parking lot. He clarified that the $100 million cost estimate did include the two final phases of the
LOIS project. He mentioned wanting to talk with Council soon about the pieces down in the
Foothills area that were in bad shape and presented a risk of failure.
Mayor Hoffman invited the Boy Scouts in attendance to introduce themselves. The three Scouts
were sophomores at Lakeridge High School working on their citizenship in the community merit
badges.
3.4 Lake Oswego Open City Hall
Mayor Hoffman invited the community to visit the Lake Oswego Open City Hall, an online forum
where citizens could provide direct input to the City Council and City leaders on various topics. He
indicated that the current topics were the City Council goals and agenda for 2010, the golf course,
and the tennis center.
He announced the Mayor's Round Table on January 9 from 9 a.m. to noon in City Hall. He
indicated that this was another opportunity for citizen input on what issues residents thought the
Council should focus on in 2010. He mentioned other opportunities, such as Citizen Comment at
the Council meetings or phoning or e -mailing Councilors.
He welcomed Christine Kirk, the new Public Affairs Director, and thanked her for her work on
citizen input opportunities.
4. CONSENT AGENDA
Mayor Hoffman noted that Councilor Olson had identified a correction to the minutes.
Councilor Johnson moved the Consent Agenda. Councilor Jordan seconded the motion. A
voice vote was taken, and the motionap ssed with Mayor Hoffman, Councilors Jordan,
Hennagin, Moncrieff, Olson, Tierney, and Johnson voting `aye.' [7-0]
4.1 RESOLUTIONS
4.1.1 Resolution 01-10, adopting a proposed collective bargaining agreement between the
Lake Oswego Municipal Employees Association and the City of Lake Oswego
Action: Adopt Resolution 01-10
4.2 APPROVAL OF MINUTES
4.2.1 October 26, 2009, special meeting
4.2.2 October 27, 2009 special meeting
Action: Approve minutes as written
END CONSENT AGENDA
City Council Regular Meeting Minutes Page 4 of 16
January 5, 2010
5. ITEMS REMOVED FROM THE CONSENT AGENDA
CITIZEN COMMENT
• Jeff Gudman, 4088 Orchard Way, Budget Committee member
He stated his theme of who's minding the store. He contended that the City had serious problems
in Council oversight of the City finances, as evidenced by the first auditors' report in many years
discussing material weaknesses in the financial operations of the City. He held that these findings
indicated the auditors' belief that Lake Oswego did not have adequate financial practices or
safeguards in place to prevent mistakes or misstatements in its financial statements.
He presented several examples of the problems identified by the auditors. He mentioned over -
expenditures in nine of the City's funds by an average of $300,000 per fund and an overstatement
of cash by $226,000. He indicated that the three funds consolidated in the general fund last year
(police services, fire services, and building permits) overspent by an average of $2.8 million each.
He stated that the numbers in the financial reports received by the Council for FY 2008/2009. June
2009, and FY 2009/2010, did not add up or tie from one report to the other. He mentioned that for
the last year the Budget Committee members have not received a monthly summary version of the
financial information provided to the Council. He described the complicated process one had to go
through to determine the total City revenues spent in the major categories, such as sales and
services, compensation, materials and services, and capital expenditures.
He recalled staff informing the Council and the Budget Committee that the FY 2009/2010 budget
was so tight that staff was counting pencils in order to balance the budget. He questioned how
then staff found the money to fund a police emergency communications study without a
supplemental budget request to use the reserves or to reduce any of the other approved
expenditures.
He commented that the Washington, D.C., lobbyist hired by the Council would use up more than
the amount budgeted for intergovernmental relations. He asked if that meant that the City would
do no other intergovernmental work or was it cutting something else.
He referenced the West End Building and City facilities strategy adopted by the Council on June
18, 2009, with its policy directing the Council to develop a financing strategy that did not use
general fund revenues or reserves to pay the debt service on the building and property by May 1,
2010. He argued that the Council's consideration of issuing full faith and credit bonds without voter
approval just after adopting this strategy appeared to contradict the policy, and seemed like an end
run around seeking voter approval to pay for the building.
He contended that with a FY 2009/2010 capital budget of $8.5 million (not including the LOIS
project), the Council should know on a regular basis how much of the budget for each project has
been spent and how much was left to be spent. He indicated that the budget at this time did not
have that information.
He argued that at a minimum, the Council deserved timely, accurate, and informative numbers in
order to provide oversight without micromanaging. He contended that not enough attention was
being paid to how the City was spending the taxpayers' money. He held that better reporting of the
City finances was in everyone's best interests. He suggested fixing the Council oversight problem
by staff providing the Council with a list of all the financial problems, the person responsible for
fixing each one, a deadline for fixing the problem, and a monthly report on the status of each
problem and its solution.
7. PUBLIC HEARINGS
7.1 Ordinance 2545, an ordinance of the Lake Oswego City Council vacating partition
plat no. 2007-172 (affecting 775, 787, and 799 Country Club Road) at the request of
the property owner
City Council Regular Meeting Minutes Page 5 of 16
January 5, 2010
Mr. Powell reviewed the standard hearing procedure and testimony time limits. He noted that the
Council's criterion for deciding on a plat vacation was whether the public interest would be
prejudiced by the vacation.
STAFF REPORT
Ms. Hastay reviewed the history of this request to vacate partition plat #2007-172 (p.43). She
explained that the previous property owners failed to demolish the onsite structures before
recording the partition plat, as they were supposed to do. The bank that foreclosed on the property
brought the situation to the City's attention.
She mentioned the three options the City provided (Exhibit F-2): demolishing the structures to
create three buildable lots, modifying the lot lines to locate all structures on one lot and meet the R-
7.5 residential zoning regulations, or vacating the partition plat. She reported that the owner who
bought the property from the bank wanted to retain the structures on the existing parent parcel and
chose vacating the plat.
She stated that the vacation met the approval criteria for vacating a partition plat (p.48). There
were no public interests affected, all noticing requirements were completed as required, and the
City had the consent of the property owner. She mentioned that she received no public comments.
QUESTIONS OF STAFF
Mr. Powell explained to Councilor Hennagin that the State statute on vacations set out the
criteria for both street and plat vacations. He indicated that the one instance where the public
interest might be affected would be if the plat created some kind of connectivity, such as a street
running through the plat, but that was not the case here. He commented that it was difficult to see
where the public interest would be harmed by a partition never acted upon. He confirmed that the
statute set the technical criteria Ms. Hastay referenced, which the City has met.
Councilor Jordan commented that she was glad that the owner was not demolishing the house,
as it was one of her favorite houses along Country Club. She asked why the plat did not simply
disappear, given that the owners recorded it illegally by failing to remove the house. Ms. Hastay
reiterated the three options staff provided to the property owner. She mentioned that she did not
find the condition to demolish the structures before recording the plat in the staff report, and
somehow it just got missed in the process.
PUBLIC TESTIMONY
Mayor Hoffman opened the hearing to public testimony. Hearing none, he closed the hearing.
COUNCIL DISCUSSION
Councilor Jordan moved to enact Ordinance 2545. Councilor Johnson seconded the
motion. A voice vote was taken, and the motionap ssed with Mayor Hoffman, Councilors
Jordan, Hennagin, Moncrieff, Olson, Tierney, and Johnson voting `aye.' [7-0]
8. REPORTS
8.1 Bryant Road and Foothills Pump Stations Bid Award
Mr. Komarek apologized for the mistaken subject line on the report, which should have read
`Bryant Road and Foothills Pump Stations Bid Award.'
He asked the Council's approval in accordance with State contracting rules to award a public
improvement contract to James W. Fowler Company for construction of the Bryant Road and
Foothills Pump Stations in the amount of $1,789,050.00.
He referenced his discussion of the two pump stations in the report (pp.73-74). He mentioned
staff's finding that a new Bryant Road pump station was the preferred alternative to constructing
City Council Regular Meeting Minutes Page 6 of 16
January 5, 2010
larger pipelines in both the Main Canal and the Blue Heron Canal. He noted the safety concerns
behind replacing the Foothills pump station.
He reviewed his discussion of the contractor selection process (pp.74-75). He reported that the
staff's evaluation of the low bid out of the four received found no irregularities. Therefore, staff
recommended awarding the bid to the low bidder, James W. Fowler Company.
Mr. Komarek clarified to Councilor Tierney that the general contractor had to use subcontractors
pre -qualified by the City.
He indicated to Councilor Olson that because the two lowest bidding contractors were both pre-
qualified, the only determinant in the competitive bidding process then became price. He stated
that if the City had chosen the second low bidder, whose bid was only $1,900 higher than the
winning bid, the City would have faced a challenge from the lowest bidder. He reiterated that staff
found no reason in the lowest bidder's documents not to award the contract to that company. He
said that staff was comfortable with their recommendation.
He indicated to Councilor Hennagin that the engineer's estimate of the project cost had been a
little over $2.5 million. He speculated that the $1.8 million bid reflected the current construction
work market. He agreed that a $700,000 savings on the estimate was substantial
Councilor Jordan moved to award a public improvement contract for Bryant Road and
Foothills pump station to James W. Fowler Company, in the amount of $1,789,050.00.
Councilor Johnson seconded the motion. A voice vote was taken, and the motionap ssed
with Mayor Hoffman, Councilors Jordan, Hennagin, Moncrieff, Olson, Tierney, and Johnson
voting `aye.' [7-0]
8.2 2010 Federal Priorities
Ms. Kirk mentioned that CapitalEdge, the lobbyists hired by the Council, considered themselves
as City staff at the federal level. She described the role of intergovernmental relations as an effort
to define how visible Lake Oswego was on the map(s) of issues relevant to the City, as well as a
means of defining who the City was and what it was trying to accomplish.
She commented that she recently learned that Oregon was a donor state with more federal taxes
leaving the state than returning to it. She spoke of the Council and staff's responsibility to leverage
opportunities for returning federal taxes to the area where the city's residents worked and played.
She described adding intergovernmental relations to the City's role as strategic, given the
movement of the federal and the state governments to distributing funding on a regional basis.
She discussed the multifaceted benefits of having CapitalEdge work for the City at the federal
level. She pointed out that getting federal appropriations for City projects was the facet that most
frequently discussed. She spoke of the importance of knowing where to allocate staff resources in
advocating for the City; CapitalEdge would advise the City on which venues were worth the staff's
time to participate in. She mentioned that CapitalEdge has already helped staff identify better uses
of existing resources. She indicated that CapitalEdge would help the City be more strategic in
negotiating the complicated federal processes for existing projects, such as the streetcar.
She described the federal platform as detailing the City's expectations of CapitalEdge in terms of
alerting the City when red flag issues came up and helping the City respond appropriately on a
variety of issues relevant to the City's interests.
Councilor Jordan clarified that this federal platform (with respect to transportation strategies) was
not a separate effort to gain funding for local projects in opposition to the region's Transportation
System Plan. She indicated that the region's federal representatives did not like seeing small
communities coming forward on their own outside of Metro's regional requests.
Ms. Kirk noted the change made to the guiding principles to recognize that Lake Oswego was part
of the Metro/JPACT priorities and processes, which included the Lake Oswego to Portland
streetcar as a priority. She spoke of CapitalEdge being able to help the City be a partner in
City Council Regular Meeting Minutes Page 7 of 16
January 5, 2010
pursuing transportation priorities. Mr. McIntyre clarified that while the City did not want to compete
with the other regional players, it did want to be at the table participating and adding its voice to the
regional voice at the federal level.
Councilor Tierney asked for clarification of the water policy item on p. 86 regarding pending
federal chemical security legislation duplicating local efforts. Mr. McIntyre concurred with Ms. Kirk
that staff could get more information on this issue for the Council. He mentioned that CapitalEdge
also protected the City's interests by tracking federal regulations that might impose requirements
that would cost the City money, since federal mandates usually did not come with funding. He
explained that the amount of money it would take at the local level to implement this proposed
water supply protection was outrageous.
Mr. Komarek explained that this legislation could potentially overtake State primacy regulations
regarding drinking water and dictate at the federal level what types of disinfectants local
jurisdictions could use for their water supplies. He indicated that municipalities wanted to retain
control of which disinfectants to use because raw water conditions varied across the nation. He
described the issue as keeping control of this process at the local and state levels and not at the
federal level.
Councilor Tierney referenced a New York Times article that he circulated recently on water
quality, which mentioned Lake Oswego in the debate over drinking water. Mr. McIntyre expressed
his hope that the Council would embrace the idea of local control and the Council making informed
decisions versus the federal government dictating local actions.
Councilor Tierney commented that he had been impressed with the CapitalEdge individuals and
thought that they would do a good job for the City. He asked how CapitalEdge would complement
the City's existing relationship with the National League of Cities, which also advocated on major
issues. Ms. Kirk reiterated that CapitalEdge would help the Council members as elected officials
determine when it was important to be at the table to weigh in on issues important to the City. She
spoke of not duplicating lobbying efforts but rather helping the City connect better and more
strategically and using the Council and staff time more wisely.
Councilor Tierney asked how to judge the success of this program. He commented that a dual
platform of bringing money into the community and not having worse things happen to the City was
a wide format. Ms. Kirk indicated that after a year, she would consider factors such as whether
the City has been successful in defining itself or whether it has been in the right place at the right
time to voice its concerns. She commented that the likelihood of Lake Oswego getting earmarks
(appropriations) was small, given that only 77 out of 590 requests received by Senator Merkley's
office last year were funded.
Ms. Kirk commented that the soft benefits, such as saving money by people not attending a
conference that would not have been worth the time or knowing when staff should advocate for
issues and get money released to the state or local area, were difficult to measure. She mentioned
the benefit of preventing unfunded mandates that usurped local control or cost too much. She
emphasized that measuring success involved both quantitative and qualitative elements in
determining whether the $54,000 was well spent.
Mr. McIntyre noted that in the past Lake Oswego has taken a passive approach to the federal
government, responding when asked for its opinion but not reaching out actively to provide input.
He indicated that a payoff to him was when Lake Oswego started to have influence. He held that
how much money Lake Oswego received as a result of this effort was not the way to measure it.
He spoke of government representatives seeking out Lake Oswego as a model or influence maker
with an ability to affect policy at the federal level.
Councilor Tierney commented that he would be equally impressed with the money. He asked if
the City had a State platform. Mr. McIntyre explained that Lake Oswego already had influence at
the state level and could handle the State platform locally.
City Council Regular Meeting Minutes Page 8 of 16
January 5, 2010
Councilor Tierney asked if staff would provide a state platform document similar to the federal
platform document. He asked what Ms. Kirk expected of the Council as part of this effort. Ms.
Kirk commented that her goal was to be at the table at the right time, and to get the right people at
the table at the right time at the state level also. She indicated that this was a different process at
the state level than at the federal level, but one on which she was working.
Ms. Kirk said that she would review the federal and state platforms of other Clackamas County
jurisdictions with common interests to see if any of their efforts aligned with Lake Oswego's
interests. She indicated that she expected the Council to provide direction to the long distance
staff and to her personally as the onsite staff.
Councilor Hennagin observed that Lake Oswego has not been active in Salem or with the
League of Oregon Cities during his three years on the Council. He spoke to Lake Oswego being
more of a player with the League. Ms. Kirk concurred that there were opportunities on a number
of levels for the City to participate with the League.
Councilor Olson concurred with Councilor Hennagin that Lake Oswego should become more
involved with the League, as it was in the past. She asked whether $54,000 was all that the City
would spend on this item. Mr. McIntyre noted that he budgeted $50,000 in the City Manager's
budget for special projects. Since the City hired CapitalEdge and Ms. Kirk in November, it would
spend less than $54,000 this fiscal year. He recalled that the Council authorized expenditures in
the two areas of staffing and lobbying (advocate) work in Washington, D.C.
Mayor Hoffman mentioned that CapitalEdge would help him when he attending Congressman
Blumenauer's Streetcar Summit in Washington, D.C. He said that CapitalEdge has already helped
save the City thousands of dollars by advising him not to attend the US Conference of Mayors
Water Summit because it was not worth the City's while.
Councilor Jordan mentioned that the Clackamas County Coordinating Committee (C4) had a staff
member who put together a legislative agenda for the Committee's review. She indicated that the
Committee would hear from Dave Hunt on what he saw actually happening in the next legislative
session. She said that she would forward the agenda to the other Council members.
Councilor Moncrieff moved to accept the 2010 Lake Oswego platform. Councilor Johnson
seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman,
Councilors Jordan, Hennagin, Moncrieff, Olson, Tierney, and Johnson voting `aye.' [7-0]
9. ORDINANCES
9.1 Ordinance 2543, an ordinance of the City Council of the City of Lake Oswego
amending LOC Chapter 50 (Community Development Code) relating to lot coverage
for schools (LU 09-0004)
Mayor Hoffman noted that staff was still working on the language of this ordinance.
Councilor Hennagin moved to continue Ordinance 2543 to January 26, 2010. Councilor
Jordan seconded the motion. A voice vote was taken, and the motion passed with Mayor
Hoffman, Councilors Jordan, Hennagin, Moncrieff, Olson, Tierney, and Johnson voting
`aye.' [7-0]
10. INFORMATION FROM THE COUNCIL
10.1 Councilor Information
Councilor Olson stated that she attended the open house at the new City Hall in Oregon City.
She distributed handouts on the green building strategies Oregon City used in this extensive
remodel of an existing building.
10.2 Reports of Council Committees, Organizational Committees, and Intergovernmental
Committees
City Council Regular Meeting Minutes Page 9 of 16
January 5, 2010
11. REPORTS OF OFFICERS
11.1 City Manager
11.1.1 Review of Council Schedule
Mr. McIntyre reminded the Council that the Mayor's Round Table was this Saturday. He
mentioned the Centennial Kickoff on Tuesday, January 19. He asked the Council members to let
him know whether any intended to attend the National League of Cities Winter Congressional
Conference on March 13-17. Mayor Hoffman noted that both this conference and the National
Congress of Cities were worthwhile conferences.
Mayor Hoffman mentioned that the Council needed to discuss Boards and Commission
assignments at its goal setting retreat.
11.2 City Attorney
Mayor Hoffman recessed the meeting at 8:11 p.m. for a break. He reconvened the meeting at
8:23 p.m.
12. STUDY SESSION
12.1 Annexation Approach
Mayor Hoffman described this study session as Annexation 101 to answer Council members'
questions about annexation. He noted that all cities in the region were engaging in annexation
discussions.
Ms. Frisbee referenced the background report assembled by the Planning staff (p.89-110). She
noted the staff members present to answer Council questions on the various issues relating to
annexation.
Mr. Egner gave a PowerPoint presentation on annexation. He discussed the reasons why the City
annexed land. He noted the policy reasons of the Comprehensive Plan, State law, and the City's
Urban Growth Management Agreement (UGMA) with Clackamas County. He mentioned property
owners wanting to annex in order to receive the urban services provided by the City and cities
wanting to annex in order to expand their tax base.
Councilor Hennagin asked Mr. Egner to clarify the City's provision of urban services in relation to
the City's Urban Services Boundary (USB). Mr. Egner explained that a city's USB was the area
inside the Urban Growth Boundary (UGB) that a city agreed to ultimately provide with urban
services. Usually the agreement was an UGMA, such as the one that Lake Oswego had with
Clackamas County.
He indicated to Councilor Hennagin that essentially the USB was identical to a city's UGB. He
noted that there was no USB in situations where one city abutted directly against other cities, such
as between the Lake Oswego and Tualatin city limits.
Mr. McIntyre indicated to Mayor Hoffman that Lake Oswego provided first responder services to
areas outside the city limits but inside its USB because of mutual aid agreements. He said that
once the sheriff arrived on the scene, the City emergency personnel turned the incident over to
them.
Mr. Egner mentioned that occasionally the City provided sewer service outside the city limits for
health reasons. The City might also provide water service to water districts around the city through
agreements. He emphasized that these were exceptions, and that typically the City provided the
full range of urban services only to those properties inside the city limits.
Councilor Tierney raised the equity issue of non-residents within the USB using City services,
such as parks and recreation facilities, for which the City did not charge a non-resident fee. He
recalled the Council's previous discussions of the equity issue in relation to the adoption of
City Council Regular Meeting Minutes Page 10 of 16
January 5, 2010
neighborhood plans, in which the USB residents informed the Mayor that they did not intend to
annex to the city. He observed that while the intention was that these areas would come into the
city, the residents did not want to do so.
He noted another issue of whether it was fair to the current city residents to annex an area that
needed more funding to fix its problems than it would bring to the City in tax revenues. Mayor
Hoffman commented that Washington County cities have had to address that question.
Councilor Olson mentioned that the City did charge non-residents a higher fee to take Parks &
Recreation classes.
Mr. Egner indicated to Councilor Moncrieff that Lake Oswego's agreement with Clackamas
County said that the City would provide urban services to the properties within the USB. However,
the City would only provide those services through annexation. Ms. Frisbee pointed out that there
was no time limit on when those properties would annex to the city for services.
Mr. Egner mentioned the two 2009 annexations in Forest Highlands, one for development and the
other for sewer to replace a failing septic system. He pointed out that the City's approach to
annexation has been to respond to requests for annexation, which resulted in a disjointed pattern
of properties inside and outside the city.
He indicated that failing septic systems would continue to be a reason for annexation, noting that
Rosewood had many lots on septic systems. He presented graphics showing the pattern of failed
systems in Rosewood and Forest Highlands over the past 10 years. He commented that the
County has re -issued septic permits for properties more than 300 feet from the city limits or a city
service line (Exhibits E and F).
He reviewed the different types of annexation, including voter, urban service provider, owner
consent (double and triple majority), and island (pp.90-91). He noted that most of Forest
Highlands and Lake Forest were islands, while Rosewood, Skylands, and most of Birdshill were
not islands.
He reviewed the key issues of annexation, including street jurisdiction, storm drainage, septic
system failures, cost of services, and equity (pp.92-96). He explained that annexing areas such as
Rosewood with streets still in good shape could reduce street maintenance costs in the long run
because the City would not have to replace deteriorated streets but rather it could maintain decent
streets. He indicated that most of Lake Forest's streets would need replacing. He identified the
lessons from these issues as `one size does not fit all,' and the City would need to adapt its
strategies to the individual needs of the neighborhoods.
He indicated to Mayor Hoffman that the County generally did not provide regular street
maintenance for most of the streets within Lake Oswego's USB. Mayor Hoffman mentioned the
information he received from Mr. McIntyre that there were approximately 27 miles of streets in the
unincorporated area, which would need $7 million to rehab them up to an 80 Pavement Condition
Index (PCI) from their current 59 PCI.
Mayor Hoffman observed that his horizon tended to be five to twenty years out. He expressed his
concern that the condition of these roads was similar to the condition of the roads in Aloha, which
Washington County has allowed to deteriorate. He wondered what the roads in Lake Oswego's
USB would look like in twenty years.
Mr. Graham confirmed that roads not receiving any kind of maintenance would continue to
degrade over time. He indicated that the PCI numbers from 2007 would undoubtedly drop,
following the upcoming 2010 street evaluation. He said that the County focused primarily on
arterials and collectors and ignored the local streets, a strategy that Lake Oswego was also
following at this time. He expressed his hope that the City would be able to address the lower
volume roads.
City Council Regular Meeting Minutes Page 11 of 16
January 5, 2010
Ms. Rooney confirmed to Councilor Olson that the County did not maintain the local streets such
as Firwood, Madrona, or West Sunset. The County did not have those roads in their plan and had
no intention of paving them, although they might do spot maintenance on potholes.
Councilor Jordan commented that even maintaining the arterial roads was a challenge for the
County, as it did not have the necessary money for the whole county. She mentioned the County
discussion of instituting a transportation funding mechanism, which would focus on funding the
County's share of the Sellwood Bridge with little leftover for other road projects.
Mayor Hoffman commented that an interesting discussion question for City Councils was whether
to do something about this situation now or let a future Council address it in 20 years at the higher
costs.
Mr. Egner indicated to Councilor Jordan that installing sewers in selected streets was an
incentive strategy for bringing properties within the 300 -foot limit for annexation. He said that staff
included it as an option for future consideration. Mr. Graham confirmed to the Councilor that
Gresham used that strategy as part of the Mid -County sewer program mandated by the
Environmental Quality Commission to install sewers in the largest unsewered area in the county,
using local improvement districts to fund it. He mentioned that Gresham leveraged those dollars
by replacing pavement at the same time.
Mr. Egner mentioned that in the last economic cycle, Lake Forest did not see much redevelopment
because the developers did not have sufficient incentive to extend the sewer lines into the core of
the neighborhood, as most parcels were divisible into only two lots. In contrast, developers paid
for the sewer line extensions in Forest Highlands because the parcels were bigger and had a
higher land value.
He reviewed the study findings of the cost to fully serve Rosewood ($8.5 million), Forest Highlands
($1.2 million), and Lake Forest with sewer (pp. 100-104). He noted that the sewer cost per lot was
highest in Rosewood and lowest in Forest Highlands with its greater redevelopment potential.
Councilor Moncrieff observed that the County re -issued some permits for septic systems within
300 feet of the City sewer line. Councilor Jordan mentioned that she and Mr. McIntyre talked with
the County staff about that issue. Apparently those in charge of issuing septic permits had had a
different view on re -instituting septic permits than the County did. Ms. Frisbee indicated that the
City has called the County on this, and the County was much better about informing the City of
applications coming in from properties within the 300 -foot rule.
Mr. Graham indicated to Councilor Moncrieff that installing a new septic system in the event of
failure did not necessarily cost substantially less than hooking up to sewer. He commented that
the real wild card was the effect of the geology on the costs, especially running into rock. He
mentioned another issue of too many septic systems in a given area compromising the water
quality of an aquifer used for drinking water.
Councilor Moncrieff mentioned her surprise at seeing 20 new septic systems recertified in the last
two years. Ms. Rooney indicated that the City had a good process in place to handle the weekly
calls it received about installing a septic system.
Mayor Hoffman noted that the cost of a typical septic system could range from $2,000 to $5,000,
or up to $12,000 in the more difficult locations.
Councilor Jordan mentioned that the County and the City monitored the water quality in the
wetlands, the Tualatin River, and the lake for indications of high levels of bacteria. That
information helped determine whether to grant septic permits. She commented that another issue
in areas with good drainage percolation was not thinking about where the wastewater was
percolating to, an issue she was concerned about continuing into the future.
She pointed out that a developer of a new development in Forest Highlands would likely simply
add the cost of the sewer line to the house price, and it would not have much effect. However, in a
built out neighborhood such as Rosewood, the homeowner would have to bear that cost. She
City Council Regular Meeting Minutes Page 12 of 16
January 5, 2010
asked if the City could use different incentive methods in different areas of town and still have a
legal and equitable system. Mr. Powell indicated that legally there was not a requirement for
identical requirements citywide as long as there was a rational, objective basis for the differences.
Councilor Tierney asked why the City was trying to find incentives to bring people into the city
who did not want to come into the city, especially when it appeared that many of these areas would
bring in problems that would cost the City more to fix than the revenues generated by the annexed
area. He suggested first asking the fundamental question of whether it was in the best interests of
the existing city to bring in new areas.
He commented that at some point in time, it would be in the best interests of Rosewood and Lake
Forest to come into the city because of their failing septic systems. However, the City's concern
would focus on the road conditions, which could be in terrible shape by that time. He argued that
incentives made sense if the communities came to the City looking for solutions to their issues.
Ms. Frisbee concurred with Councilor Tierney that the City needed first to identify what its goal
was, whether that was to expand the tax base, to address the equity issue, or to deal with health
concerns related to water quality and septic systems. She spoke of weighing the short term and
immediate consequences (e.g., finding $16.7 million to pay for installing sewers) against the long-
term consequences (e.g., deterioration of the roads). She commented that adding incentives to
the mix meant the City using different strategies and time frames in approaching each area. She
emphasized the need to ask at the start what the City's purpose was for annexation.
Councilor Hennagin indicated that he did not disagree with Councilor Tierney about determining
the costs of annexation to the city residents and deciding on an annexation strategy. He pointed
out that the City also had a duty to protect the health and safety of its citizens. He said that he
would be concerned to know what the effect all those septic tanks had on the water table,
especially as water became a rarer resource. He agreed with Councilor Tierney that the question
of the impact of the septic systems has not been answered.
Councilor Tierney noted that the public works staff was indicating that they did not have an
answer. He wondered which government agency would be responsible for resolving the problem if
a problem existed. He expressed his hope that these issues were serious enough to motivate
people to decide to do something in the next five to ten years. He said that if the City was the
solution for the sewer problem, then the City needed to start some dialogs and figure out how to
deal with it.
Mr. Egner discussed the equity and cost of services issues. He mentioned the tax and cost
differentials of being inside or outside the city (pp.95-97). He said that the differentials in the three
areas examined by staff ran to $300 to $600 a year in property taxes (depending on house value)
and another $600 a year in utility fees. He mentioned that Hillsboro has waived or lowered some
of its fees as an incentive to help people make the transition.
He referenced a 2003 study done as part of the urban services provider program, which found that
it cost a city household $100 a year to provide the additional road maintenance and expanded city
services to non-residents. He indicated that staff would have to revisit the report if the Council
wanted more details on the methodology behind that dollar figure.
He reviewed the options before the Council (pp.104-106). He noted that the current approach
worked in bringing in properties incrementally and responding to people needing service but it did
result in a strange boundary pattern and it had some associated inequities. He noted the other
types of annexation available and the menu of incentive -driven approaches. He said that staff
thought it was important to involve each neighborhood in defining the annexation strategy for that
neighborhood because each neighborhood's needs were truly different.
He noted that annexation and a strategy for providing urban services to these neighborhoods were
good topics to address as part of the Comprehensive Plan update process. He indicated that
without a broader strategy, staff would continue with the incremental annexation approach.
City Council Regular Meeting Minutes Page 13 of 16
January 5, 2010
Councilor Jordan spoke to the Council deciding whether it was worthwhile for staff to investigate
incentive options with those neighborhoods that have expressed interest in annexation or to bring
forward a broader annexation strategy than the piecemeal approach. She acknowledged that the
Council might decide not to pursue annexations because of the cost. She described the USB
residents as participating in the city. She argued that it made better sense to figure out how to
bring those interested into the city in the short term than to discuss how to provide urban services
to Stafford in 15 to 20 years when it did not have a population base at all.
Councilor Hennagin concurred with Councilor Jordan that the City should explore its options
regarding annexation. He commented that he saw Rosewood as a more looming problem
because he has heard of far more septic tank failures in Rosewood than he has in Lake Forest or
Forest Highlands. He speculated that it would be less expensive to the individual homeowners to
build the sewers all at once rather than installing laterals to one house at a time. He observed that
if the analysis supported that supposition, the homeowners might be receptive to the idea.
Councilor Moncrieff concurred with Councilors Hennagin and Jordan about pursuing annexations
with interested USB residents. She held that it was in the City's interest to consider annexation.
She said that she was also concerned about the water quality. She cited the information in the
table on p.106 about the potential general fund revenues to be gained in arguing that the revenue
would cover the capital expense to extend the sewer and the roads in a reasonable number of
years.
Councilor Tierney concurred with the other Councilors, if it was true that Rosewood, Lake Forest,
and Forest Highlands were interested in annexing to the city, and if the septic systems were
creating water problems. He asked if the representatives from those neighborhoods who were in
attendance could address the Council in order to include them in the dialog. Councilor Olson
supported the request, indicating that hearing from the neighborhoods would better inform her
decision.
Mayor Hoffman indicated that that was fine as long as the meeting did not go past 10 p.m. He
commented that he thought that the Council had an obligation to future residents to consider the
issues of deteriorating infrastructure in neighborhoods outside the city. He asked what the future
of these three neighborhoods was, citing unincorporated Los Angeles County as an example of
what could happen to unincorporated areas. He emphasized that Lake Oswego was not alone in
the region in asking this question about adjacent unincorporated areas.
He spoke of the importance of a collaborative approach and hearing from the neighborhoods. He
speculated that if this Council punted the issue to a future Council, then a Council in 2020 or 2030
might well wonder what the 2010 Council had been thinking at a time when it had an opportunity to
get a handle on the infrastructure issues. He pointed out that this City Council was committed to
sustainability and infrastructure.
Councilor Tierney agreed that they did not want to be myopic about this issue, yet the City faced
a challenge in maintaining the infrastructure already in the city. He mentioned the two major
infrastructure projects in sewer and water underway, which he did not think dealt with some of the
fundamental infrastructure. He commented that putting in a new sewer interceptor did not address
the laterals and other lines in neighborhoods that needed rehabilitation. He agreed that the
Council had to address these annexation issues in a prudent way that balanced and considered
the existing issues inside the city.
Councilor Jordan commented that the City had a different kind of expenditure in replacing City
lines when it worked in partnership with a neighborhood outside the city whose residents were
willing to spend their own money to connect to the City lines needing replacement. She pointed
out that those residents were not currently invested in the system. She agreed that there needed
to be a joint interest at this point in time, yet she shared the Mayor's concern that not all residents
would be happy about it at any one time. She asked what the tipping point was in light of the
certainty of not obtaining a unanimous vote.
City Council Regular Meeting Minutes Page 14 of 16
January 5, 2010
Mayor Hoffman invited the neighborhood representatives to address the Council
Randy Duncan, Skylands Neighborhood Association President, expressed his appreciation for
the thoughtful dialog and informative discussion.
Skip Ormsby, Birdshill CPO, commented that this was a start. He expressed his concern
regarding the City's urban service provider capacity, citing reports he has received from the Tryon
Creek Wastewater Treatment Plant that it was at capacity limits for wet weather. He asked what
those limits were and where Lake Oswego and Portland were with respect to those limits. He
mentioned an additional concern regarding surface water management because of the drainage
problems in their area off Hwy 43.
Chris Robinson, Forest Highlands Neighborhood Association Chair, pointed out that the
City's R-7.5 overlay of their neighborhoods was a huge disincentive to the residents to annex to the
city. He contended that annexation would chop up their large lots into smaller pieces and change
the character of the neighborhood. He held that providing a variety of property choices for
residents included both high density and low density areas.
He suggested that the City revisit the overlay designation as an incentive for annexation. He
mentioned a recent survey done by the Association, in which residents expressed their preference
to retain the rural character of the neighborhood and the larger lot sizes. He indicated that the
incentives discussed in the staff report did not provide Forest Highlands residents with any
motivation to annex.
He indicated his grave concern with the situation, citing the proposed Jurnstead development
recently before the City that would have split a seven -acre parcel into a 35 -lot subdivision of 4500
and 5000 square foot lots and completely changed the character of the neighborhood. He
questioned how long the reprieve they got from that development would last. He spoke to
designating certain areas in Forest Highlands, such as on the perimeter along Boones Ferry and
Country Club, for higher density development while protecting the core of the neighborhood with a
zoning overlay that made more sense.
Caroyln Krebs, Lake Forest Neighborhood Association Vice Chair, indicated that she would
not speak for the neighborhood on the subject of annexation without a neighborhood dialog on the
subject because annexation was a hot button issue for the neighborhood. She said that from her
personal perspective, it was imperative to use the current process of implementing their approved
neighborhood plan as a vehicle to discuss annexation.
She recalled hearing people claim that the potholes in the street were what kept the speeds down
on Washington Court. She commented that she understood that there were people who felt that
there were characteristics of the neighborhood that created the environment that the residents
wanted to see preserved. She cited seeing maintenance crews patching potholes on private
streets in her neighborhood, such as Inverrie, as evidence that street maintenance occurred on
neighborhood streets as well as the arterials and collectors.
She questioned the $100 a year figure provided as an estimate of the cost to city residents for USB
resident use of parks. She asked how the City knew whether those non-resident users came from
inside or outside the USB. She agreed that the issue of equity was important on both sides of the
issue, and one that needed accurate information for the discussion. She urged the Council not to
discuss annexation without first asking the neighborhoods.
Peter Klaebe, Rosewood Neighborhood Association/CPO Chair, commented that he would like
to have seen this good report four months ago when his Association conducted a survey to assess
the neighborhood's reception to receiving sewer service from the City. He indicated that failing
septic systems were the biggest annexation driver in his neighborhood, and this information would
have been very useful.
He recalled that the Clackamas County Sewer and Septic Manager informed the Association at a
meeting that Rosewood did not have to worry about sewer because it had concrete septic tanks
City Council Regular Meeting Minutes Page 15 of 16
January 5, 2010
with a 100 year lifespan and great drainage for the most part. He noted that that message
conflicted with the information in the staff report.
He reported that there was definite interest in the neighborhood in receiving City sewer service,
although one-third of the residents said consistently that they did not want to annex to the city. He
indicated that the Association would likely work with City staff on finding the best approach with a
reasonable cost. He commented that the urban services provider annexation approach made
sense in their situation.
He concurred with Ms. Kreb's comments regarding the equity issue and questionable information
in the report that he would not want to see repeated on a larger basis. He commented that they
could make the same argument on the usage of roads for Lake Oswego residents driving into
Portland without paying Portland city taxes. He expressed his appreciation for the City having
done this annexation study.
Mr. Duncan stated unequivocally on behalf of Skylands that there was a high 90s percent non-
interest in annexation. He noted that he got shouted down if he even mentioned the word
'annexation' at neighborhood meetings. He commented that he personally thought this process
was effective in raising the issues, such as water quality. He agreed with the other chairs'
comments about the quality of the report.
13. ADJOURNMENT
Mayor Hoffman adjourned the meeting at 9:39 p.m.
Respectfully submitted,
Robyn &ristie
City Recorder
APPROVED BY THE CITY COUNCIL:
ON March 16, 2010
D. H
City Council Regular Meeting Minutes Page 16 of 16
January 5, 2010
2009 City Council
Jack Hoffman, Mayor
Donna Jordan, Council President
Roger Hennagin
Kristin Johnson
Mary Olson
Sally Moncrieff
Bill Tierney
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, January 5, 2010
6:30 p.m.
Council Chambers
City Hall
380 A Avenue
Also published on-line: http://www.ci.oswego.or.us
Contact: Robyn Christie, City Recorder
E -Mail: rchristie@ci.oswego.or.us
Phone: 503-675-3984
The meeting location is accessible to persons with disabilities. To request accommodations,
please contact Public Affairs at 503-635-0236, 48 hours before the meeting.
Page #
1. CALL TO ORDER
2. ROLL CALL
3. PRESENTATIONS (15 minutes)
3.1 Selection of Council President
3.2 Friends of Rogerson Clematis Collection at Luscher Farm
3.3 Acquisition and planning history of Iron Mountain Park
3.4 LOIS Update
4. CONSENT AGENDA
♦ The consent agenda allows the City Council to consider items that require no
discussion.
♦ An item may only be discussed if it is pulled from the consent agenda.
♦ The City Council makes one motion covering all items included in the consent
agenda.
City Council Regular Meeting Agenda 1
January 5, 2010
4.1 RESOLUTIONS
4.1.1 Resolution 01-10, adopting a proposed collective bargaining agreement
between the Lake Oswego Municipal Employees Association and the City of
Lake Oswego
Action: Adopt Resolution 01-10
4.2 MINUTES
4.2.1 October 26, 2009, special meeting
4.2.2 October 27, 2009, special meeting
Action: Approve minutes as written
END CONSENT AGENDA
5. ITEMS REMOVED FROM THE CONSENT AGENDA
6. CITIZEN COMMENT (30 minutes)
The purpose of citizen comment is to allow citizens to present information
or raise an issue regarding items not on the agenda or regarding agenda
items that do not include a public hearing. A time limit of five minutes per
citizen shall apply.
7. PUBLIC HEARINGS (15 minutes)
7.1 Ordinance 2545, an ordinance of the Lake Oswego City Council vacating
partition plat no. 2007-172 (affecting 775, 787, and 799 Country Club Road)
at the request of the property owner
Public Hearing Process:
Review of hearing procedure by David Powell, City Attorney
Staff Report by Johanna Hastay, Associate Planner
Testimony will be taken in the following order: those in support, those in
opposition, and neutral testimony.
10 minutes for a representative of a recognized neighborhood
association, homeowner association, or government agency, or other
incorporated public interest organization;
• 5 minutes for other persons.
Questions of Staff
Discussion
Motion: Move to enact Ordinance 2545
City Council Regular Meeting Agenda 2
January 5, 2010
8. REPORTS (30 minutes)
8.1 Bryant Road and Foothills Pump Stations Bid Award
8.2 2010 Federal Priorities
9. ORDINANCES (5 minutes)
9.1 Ordinance 2543, an ordinance of the City Council of the City of Lake Oswego
amending LOC Chapter 50 (Community Development Code) relating to lot
coverage for schools (LU 09-0004)
Motion: Move to continue to January 26, 2010
10. INFORMATION FROM COUNCIL (15 minutes)
This agenda item provides an opportunity for individual Councilors to
provide information to the Council on matters not otherwise on the
agenda. Each Councilor will be given five minutes.
10.1 Councilor Information
10.2 Reports of Council Committees, Organizational Committees, and
Intergovernmental Committees
11. REPORTS OF OFFICERS
11.1 City Manager
11.1.1 Review of Council Schedule
11.2 City Attorney
12. STUDY SESSION
12.1 Annexation Approach
City Council Regular Meeting Agenda 3
January 5, 2010
13. ADJOURNMENT
CABLE VIEWERS: the Regular City Council meeting is shown live on
Channel 28, at 6:30 p.m.
The meeting will be rebroadcast at the following
times on Channel 28:
Wednesday
7:30 p.m.
Thursday
7:00 a.m.
Friday
2:30 a.m.
Saturday
12:00 p.m.
Sunday
4:00 p.m.
Monday
11:00 P.M.
Watch Council meetings live wherever you are via live streaming video at
mms://www.ci.oswego.or.us/live.
City Council Regular Meeting Agenda 4
January 5, 2010
CITY COUNCIL / LORA TENTATIVE SCHEDULE
Items known as of 12/29/09
DATE
MEETING
Saturday,
Community Roundtable, 9 a.m. - noon, Council Chambers
January 9
Monday,
Joint meeting with the Tigard City Council, 6 p.m., WEB
January 11
• GB Arrington on transit oriented development (6-7 p.m. during
dinner)
• Water Project Update (7-8 p.m.)
Tuesday,
Study Session, 6:30 p.m. Council Chambers
January 12
• Lake Oswego Retail Market Analysis - Mary Bosch
• Mayor's Institute on Design
• Public Art Master Plan
Tuesday,
No Meeting — Centennial Kick -Off
January 19
Friday,
Goal Setting, Municipal Golf Course, noon - 5 p.m.
January 22
Saturday,
Goal Setting, Municipal Golf Course, 8 a.m. - 2 p.m.
January 23
Tuesday,
Regular Meeting, 6:30 p.m. Council Chambers
January 26
• MACC recommendation to Transfer of Control of Verizon
Northwest to Frontier Communications
• Contract for the Waste Water Master Plan
• Second Quarter Financial Report
• Special Procurement of a Contract Amendment for Brown and
Caldwell (LOIS)
• Lifelong Learning Center
Public Hearing
• Water System Development Charges
Study Session
• West Side Community Off -Leash Area
Tuesday,
Regular Meeting, 6:30 p.m. Council Chambers
February 2
LOIS Update
Public Hearing
Tuesday,
Study Session, 6:30 p.m. Council Chambers
February 9
•
Tuesday,
Regular Meeting, 6:30 p.m. Council Chambers
February 16
Public Hearing
Tuesday,
Study Session, 6:30 p.m. Council Chambers
February 23 1
•
BOLD ITEMS — New issues added to schedule
CITY COUNCIL / LORA TENTATIVE SCHEDULE
Items known as of 12/29/09
To Be Scheduled
• Joint meeting with the Planning Commission and DRC - Visioning
• Refer Congregate Care Housing Ord. to Planning Commission
• Police contracts
• Review Draft Economic Development Strategy
• First and B Project
• Emergency response Plan (before the end of the year)
• Report on Intergovernmental Relations Program
• Implementation of Matrix report (Spring 2010)
• Foothills Redevelopment Agreement
• Municipal Finance
• IGA with the Bureau of Environmental Services for Tryon Creek (removed from 10/6)
• LOIS Bond Sale
• Tour of Willamette River to see Foothills Dock and Water Treatment Plant intake
• Lake Down Phase of LOIS Project Bid Award
• Update of the City's Water Conservation Program (March 2010)
• National League of Cities, March 13-17
• LOIS Update, 1St meeting every month
• Sustainability Update, quarterly
BOLD ITEMS — New issues added to schedule
CITY OF LAKE OSWEGO
COUNCIL REPORT
TO: Jack D. Hoffman, Mayor
Members of the City Council
Alex D. McIntyre, City Manager
FROM: Kim Gilmer, Parks & Recreation Director
PREPARED BY: Jan Wirtz, Recreation Supervisor
Sally Geist, FRCC President
Nancy Gronowski, FRCC garden design team leader
Linda Beutler, curator
SUBJECT: Friends of Rogerson Clematis Collection Presentation
DATE: December 21, 2009
ACTION
No Action
BACKGROUND
3.Z
On July 19, 2005 City Council approved Resolution 15-57 authorizing the Mayor to sign
an agreement with the Friends of Rogerson Clematis Collection for the development
and operation of a clematis botanic garden at Luscher Farm. A five year contract
became effective in 2005 with option to renew for another five years totaling ten years in
duration.
The Rogerson Clematis Collection was formed over a long period with an eye to
preserving historic clematis as well as the newest. The collection includes plants that
are unique or exceptionally rare.
By December 3, 2005, all of the Rogerson clematis moved to Luscher Farm, under the
care of the Friends of the Rogerson Clematis Collection (FRCC), and their volunteers.
Founder Brewster Rogerson still visits the farm weekly.
Council Report
December 21, 2009
Page 2
The Rogerson Clematis Collection has been officially accepted into the North American
Plant Collections Consortium (NAPCC).
FRCC received a check for $1,000 from North American Plant Collections Consortium
grants program for small gardens applying for a first collection.
This makes the Rogerson Clematis Collection the second largest (in numbers of taxa)
collection in the NAPCC (our 674 is a distant second to those over -achievers with a
species rose collection in Montreal, with 1097 taxa) and is bigger than the other Pacific
Northwest collections at Hoyt Arboretum, University of Washington, and the University
of British Columbia Botanic garden combined.
FRCC has received a shipment of 68 clematis plants from Poland, so we are now a
"living ark" for any varieties that they may lose as they build their living tribute to
Poland's famous clematis breeders. Some of these were duplicates to what we already
have, but in all we have 34 new taxa.
ATTACHMENTS
1. Portion of Luscher Farm used by Rogerson Clematis Collection
2. Proposed Landscape Plan
Reviewed by:
Departure' it ctor
Alex D. Mc y e
City Manager
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303
CITY OF LAKE OSWEGO
COUNCIL REPORT
TO: Alex D. McIntyre, City Manager
FROM: Kim Gilmer, Parks & Recreation Director
SUBJECT: Iron Mountain Park
DATE: December 2, 2009
ACTION
No action required
INTRODUCTION/BACKGROUND
The establishment of Iron Mountain Park was a long term commitment pursued by
several City Councils over a period of 45 years. Mayor Jack Hoffman asked that I
provide a brief presentation to the City Council about the park's acquisition and
planning history at a study session on January 5, 2010.
Reviewed by:
CITY OF LAKE OSWEGO
COUNCIL REPORT
TO: Jack D. Hoffman, Mayor
Members of the City Council
Alex D. McIntyre, City Manager
FROM: Megan Phelan, Human Resources Director
SUBJECT: Resolution 01-10, adopting a proposed collective bargaining
agreement between the Lake Oswego Municipal Employees'
Association and the City of Lake Oswego
DATE: January 5, 2010
ACTION
Adopt resolution 01-10, executing a proposed collective bargaining agreement between
the Lake Oswego Municipal Employees' Association (LOMEA) and the City of Lake
Oswego.
BACKGROUND
The City Council has previously provided direction regarding the labor negotiations
between the City and the Lake Oswego Municipal Employees' Association. The result
of those negotiations is a proposed three-year agreement for July 1, 2009 through June
30, 2012.
DISCUSSION
A summary of the major economic points of the agreement follows.-
Cost
ollows:
Cost of Living Adjustment (COLA) effective July 1, 2009 of 1.5%. COLA effective
January 1, 2010 of 1 %.
• COLA based upon CPI -U in year two of minimum 1.5% and maximum 3.5%.
COLA based upon CPI -U in year three of minimum 2.0% and maximum 4.0%.
• Increase of employee contribution to health insurance to 3%, or $34.11, a month
for PacificSource members. Kaiser members will contribute for the first time at
2%, or $16.82, a month for coverage. In the second year, employee
Council Report
January 5, 2010
Page 2
contributions increase to 4% a month for PacificSource and Kaiser. In the third
year, employee contributions increase to 5% a month for PacificSource and
Kaiser.
• First year increase to the Voluntary Employee Beneficiary Account (VEBA) to
$25.00 a month. Second year increase to $30.00 a month. Third year increase to
$40.00 a month.
• Improved language under standby pay, vacation, workers' compensation and
Drug and Alcohol Policy.
A full copy of the Agreement is on file in the City Recorder's Office.
FISCAL IMPACT
The estimated cost for year one of this contract is approximately 2.515% (without
rollups). The result of staggering the cost -of -living adjustments in year one is a
reduction of the overall economic impact.
RECOMMENDATION
It is recommended that Council approve resolution 01-10.
Sustainability has been considered as part of this recommendation.
Reviewed by:
Department Director
Alex N
City M
RESOLUTION 01-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ADOPTING A
PROPOSED COLLECTIVE BARGAINING AGREEMENT BETWEEN THE LAKE OSWEGO
MUNICIPAL EMPLOYEES ASSOCIATION AND THE CITY OF LAKE OSWEGO
WHEREAS, The City of Lake Oswego collectively bargains with the Lake Oswego Municipal
Employees' Association, over wages, hours, and conditions of employment; and
WHEREAS, The current collective bargaining agreement expired on June 30, 2009; and
WHEREAS, The City Council of the City of Lake Oswego has provided guidance regarding the
City's position in Executive Sessions; and
WHEREAS, The City of Lake Oswego and the Lake Oswego Municipal Employees' Association
reached a tentative successor agreement.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Oswego
authorizes the City Manager to sign the collective bargaining agreement between the Lake
Oswego Municipal Employees' Association and the City of Lake Oswego for the period of July
1, 2009 through June 30, 2012, in the form attached as Exhibit "A".
This resolution shall take effect upon passage.
Approved and adopted by the City Council of the City of Lake Oswego at a regular meeting held
on the 5th day of January, 2010.
AYES:
NOES:
ABSTAIN.-
EXCUSED:
BSTAIN:EXCUSED:
Jack D. Hoffman, Mayor
ATTEST:
Robyn Christie, City Recorder
APPROVED TO FORM:
David Powell, City Attorney
AGREEMENT
BETWEEN THE
CITY OF LAKE OSWEGO
AND THE
LAKE OSWEGO MUNICIPAL EMPLOYEE'S ASSOCIATION
(LOMEA)
JULY 1, 2009 THROUGH JUNE 30, 2012
Table of Conte=sts
Page No.
I. Recognition.......................:...........................................................................................3
2. Management Rights........................................................................................................4
3. Employee Rights.............................................................................................................4
4. Union Security................................................................................................................5
5. Peaceful Performance of City Services...........................................................................6
6. Hours of Work.................................................................................................................6
7. Overtime ..........................................................................................................................8
8. Special Pay......................................................................................................................9
9. Wages............................................................................................................................10
10. Holidays........................................................................................................................11
11. Vacation........................................................................................................................12
12. Sick Leave.....................................................................................................................13
13. Leaves of Absence........................................................................................................15
14. Worker's Compensation................................................................................................16
15. Layoff............................................................................................................................17
16. Employee Insurance Benefits........................................................................................19
17. Education Reimbursement............................................................................................21
18. Uniforms and Clothing..................................................................................................21
19. Incentive Pay.................................................................................................................22
20. Discipline and Discharge..............................................................................................22
21. Subcontracting...............................................................................................................23
22. Grievance Procedure.....................................................................................................23
23. Personnel File................................................................................................................25
24. Training.........................................................................................................................25
25. Meal Allowance............................................................................................................26
26. Labor Management Committee....................................................................................25
27. Annual Performance Evaluations..................................................................................26
28. Working Out of Classification......................................................................................26
29. Association Representation...........................................................................................26
30. Filling of Vacancies......................................................................................................27
31. Seasonal Employees Generally.....................................................................................27
32. Employee Recognition..................................................................................................28
33. Saving Clause................................................................................................................28
34. Funding Clause.............................................................................................................28
35. Amendment and Closure Clause...................................................................................28
36. Term of Agreement.......................................................................................................29
AppendixA (Wage ScheduIe).......................................................................................30
Appendix B Personnel Change Matrix..........................................................................38
Appendix C (Holiday - Pay/Compensatory Time Schedule) ...................................... 40
Appendix D (Drug & Alcohol Policy, with Attachments)............................................41
Lake Oswego Municipal Employees' Association (LOMEA) 2
Collective Bargaining Agreement
July 1, 2009 - June 30, 2012
AGREEMENT AND PURPOSE
This agreement is entered into between the City of Lake Oswego, Lake Oswego, Oregon,
hereinafter referred to as the "City," and the Lake Oswego Municipal Employees' Association,
hereinafter referred to as the "Association," for the purpose of fixing wages, hours and conditions
of employment in the bargaining unit covered by this agreement. The purpose of this agreement
is to set forth the sole and full agreement between the parties relative to such matters.
ARTICLE 1— RECOGNITION
Section 1.1, The City recognizes the Lake Oswego Municipal Employees' Association as the
sole and exclusive bargaining agent for the purpose of establishing wages, hours and conditions
of employment for all regular employees employed in a position budgeted by the City and
eligible for health insurance and other fringe benefits as set forth in this Agreement, excluding
those positions set forth below:
All classifications represented by other bargaining units, persons employed in a supervisory
and/or confidential position as defined in ORS 243.650(6) and (23), interns and persons
employed as temporary, on-call or contract employees.
A regular position is distinguished from a temporary, on-call or contract position in that the
regular position relates to a budgeted position for which an employee is eligible for the City's
health insurance and other fringe benefits as set forth in this agreement.
A regular position covered by the LOMEA agreement is defined as:
• A full-time position normally scheduled for 40 hours per week
• A part-time position normally scheduled for 20-39 hours per week
• A seasonal position scheduled to work at least 80 hours per month for at least eight
consecutive months.
Section 1.2. All references to employees in this agreement designate both sexes, and whenever
the male gender is used, it shall be construed to include male and female employees.
Section 1.3. The City may, at its discretion, establish new classifications. The City shall notify
the Association when a new classification has beer: established. If the classification is
determined to be in the bargaining unit, the wage scale for the new classification shall be subject
to negotiations and statutory impasse resolution procedures. The City shall assign each
employee to a classification.
Section 1.4. During the term of this agreement, the City agrees not to convert any full-time
positions into one or more part-time positions unless the position is vacant or the City finds other
suitable employment for any displaced employee within the City service. At the request of the
incumbent, the City may agree to reclassify a regular full-time employee to a regular part-time
position. The reclassification does not affect the full-time status of the positions for budgetary
purposes.
Section 1.5. Temporary Positions: Any position created as a temporary position which is filled
for more than twelve (12) consecutive months, shall either be eliminated at the end of twelve
(12) months or the position shall then be considered a regular position. This section shall not
apply to a temporary position that is filled for less than eight (8) months in any twelve (12)
month period.
Lake Oswego Municipal Employees' Association (LOMEA) 3
Collective Bargaining Agreement
July 1, 2009 lune 30, 2012
The intended use of a temporary worker or a temporary position is to cover unexpected
vacancies, or vacancies created by an increased work load, termination, or disability of a regular
employee. It is acknowledged that there will be exceptions to this policy. Exceptions to this
policy shall be mutually agreed upon by the City and the LOMEA.
Section 1.6. Temporary Employees: Any employee who is employed for more than twelve (12)
consecutive months shall become part of the bargaining unit, and would be subject to an initial
probationary period.
Upon request, the City will notify the Association of the date of hire of any temporary employee.
ARTICLE 2 — MANAGEMENT RIGHTS
Section 2.1. The Association recognizes and agrees that responsibility for management of the
City and direction of its work force is vested solely in the City and responsible department heads.
The Association recognizes and agrees that in order to fulfill this responsibility, the City shall
retain the exclusive right to exercise the regular and customary functions of managemem,
including, but not limited to, directing the activities of the various City departments; determining
standards and levels of service and methods of operation, including subcontracting and the
introduction of new equipment; the right to hire, lay off, transfer and promote, including
determining the procedures and standards thereof; to discipline and discharge probationary
employees; to determine work schedules and assign work; and to exercise any other right not
specifically abridged by this agreement. Nothing in this clause shall have the effect of nullifying
agreements entered into under other sections of this agreement, provided that management rights
and prerogatives are not subject to the grievance procedure, specified in Article 22, except where
abridged by a specific provision of this agreement. It is further agreed that the City retains all
rights, powers and privileges not expressly specified in this section.
ARTICLE 3 — EMPLOYEE RIGHTS
Section 3.1. It is agreed that employees represented by the Association shall have the right to
form, join and participate in the activities of employee organizations of their own choosing for
the purpose of representation on matters of employee relations. Employees covered by this
agreement also shall have the right to refuse to loin in the activities of the Association or any
other employee organization. No employee or member of the Association shall be interfered
with, intimidated, restrained, coerced or discriminated against by the City or by the Association
because of his/her exercise of these rights and privileges contained in this agreement.
Section 3.2. - Non -Discrimination: Neither the City nor the Association shall discriminate
against any employee covered by this Agreement because of age, marital status, sex, sexual
orientation, physical disability, race, color, creed, religion, national origin, union affiliation,
political affiliation or other protected status or activities.
Section 3.3. — Non -Retaliation: Neither the City nor the Association shall interfere with,
intimidate, restrain, coerce, or discriminate or retaliate against an employee for "whistle
blowing." "Whistle blowing" includes reporting the violation of any federal, state or local
statutes and City ordinances or policies.
Section 3.4. It is the goal of the Association and the City that employees, including supervisors,
shall at all times treat each other with respect. Oral warnings, correction of conduct, instruction
or other communication between supervisors and employees will be done in a manner which will
not embarrass an employee before other employees or the public.
Lake Oswego Municipal Employees' Association (LOMEA) 4
Collective Bargaining Agreement
July 1, 2009 —lune 30, 2012
Section 3.5. The City shall endeavor to provide employees with a safe and healthy workplace
and shall take action to address unsafe or unhealthy conditions. Employees are encouraged to
inform the City of unsafe work conditions without fear of reprisal or recrimination.
Section 3.6, The City agrees to comply with employees' constitutional protections when
conducting searches of personal property.
Section 3.7. - Email Usage: Employees and the Association Executive Board may use the City
email system to communicate to the Association membership announcements about meeting
subjects, dates and times. The Executive Board members and/or stewards may also use the City's
email to communicate with the City administration, Executive Board members and employees
for the purpose of processing formal grievances and filing official correspondence with the City.
Section 3.8. - Outside Employment: Notice of outside employment while an employee of the
City shall be given to the employee's Department Director. The City reserves the right to require
termination of that employment when it:
a) Results in an actual conflict of interest.
b) Detracts from the efficiency and effectiveness of the employee in his/her City work.
c) Proves incompatible with the employee's work schedule.
Section 3.9. - New Employee Orientation: An Association representative will be allowed up to
20 minutes during the new employee orientation to make a presentation to represented
employees. However, if the City fails to provide the Association timely advance notice of the
new employee orientation meeting, the Association representative shall be allowed to meet with
the employee for 20 minutes on paid time. The presentation can address the purpose of the
Union, benefits of belonging to the union, and related information. It is not time to be used for
discussion of labor/management disputes.
ARTICLE 4 — UNION SECURITY
Section 4.1. Membership or nonmembership in the Association shall be the individual choice
of employees covered by this agreement. Any employee who chooses not to belong shall make a
"payment in lieu of dues" which shall be in an amount set by the Association.
Section 4.2. Notwithstanding the foregoing, any employee who, based upon bona fide
religious tenets or teachings of a church or religious body of which such employee is a member,
objects to "fair share" as required in Section 4.1 thereof, shall not be required to do so. Such
employee shall pay an amount of money equivalent to regular Association dues to a nonreligious
charity or to another charitable organization mutually agreed upon by the employee affected and
the representative of the labor organization to which such employee would otherwise be required
to pay dues. The employee shall furnish written proof to his or her employer that this -has been
done.
Section 4.3, The City agrees to deduct from the paycheck of each employee, pursuant to this
article, Association dues or "fair share" commencing with the first of the month following the
date of hire.
Section 4.4. The City will not be held liable for checkoff errors, but will make proper
adjustments with the employee and the Association for errors as soon as practical and upon
notification from the Association. The Association agrees to indemnify and hold harmless the
City from any action arising under this article.
Lake Oswego Municipal Employees' Association (LOMEA)
Collective Bargaining Agreement
July 1, 2009 — June 30, 2012
Section 4.5. The amounts to be deducted shall be certified to the City by the President of the
Association, and the aggregate deductions of all employees shall be remitted together with an
itemized statement to the President of the Association by the tenth (10th) day of the succeeding
month after such deductions are made.
Section 4.6. The City shall notify the President of the Association of all new hires in the
bargaining unit within two (2) weeks after their date of employment, furnishing the Association
with the employee's name, position title and maiiing address. The City shall also notify the
President of the Association the new employee orientation date, time and location when
determined.
ARTICLE 5 - PEACEFUL PERFORMANCE OF CITY SERVICES
Section 5.1. During the duration of this agreement, there will be no strike (including sympathy
strike) by the Association, nor will any of its negotiators, representatives or employees
investigate, promote, sponsor, engage in or condone any strike, slowdown, concerted stoppage of
work, or any other intentional disruption of the operations of the City, regardless of the reason
for doing so. For purposes of this section, "strike" means an employee's refusal and concerted
action without others to report for duty, or his/her willful absence from his/her position, or
his/her stoppage of work, or his/her absence in whole or in part from full, faithful or proper
performance of his/her duties of employment for the purpose of inducing or coercing a change in
the conditions, compensation, rights, privileges or obligations of employment.
Section 5.2. In the event of a violation of this provision by the Association or employees in the
bargaining unit, the City may discipline or discharge any member of the Association involved in
such activity on a uniform basis. Nothing herein shall preclude recourse by the City to such
other legal or equitable remedies as may be available to it.
Section 5.3. The Association agrees to inform its members of their obligations under this
agreement, and to direct them to return to work.
Secdon 5.4. During Lhe term of this agreement, the City will not instigate a lockout over a
dispute with the Association so long as there is no breach of this article.
ARTICLE 6 - HOURS OF WORK
Section 6.1. - Work Schedule:
Normal Work Week: A normal workweek shall consist of forty (40) working hours in a
consecutive seven (7) day period, which shall coincide with the department's calendar week,
which shall commence on Monday, at 12:01 a.m.
Work Schedules: Each bargaining unit member shall be assigned to a regular work schedule or
a variable work schedule at the time the employee is hired. A schedule consists of the days of
the week and the hours of the day that the employee works.
Regular Work Schedule: A regular work schedule has a fixed starting and quitting time. For
full time employees, it consists of.
Lake Oswego Municipal Employees' Association (LOMEA)
Collective Bargaining Agreement
July 1, 2009 —lune 30. 2012
+ Eight (8) hours per day on the basis of a five (5) consecutive day work week, or
• Ten (10) hours per day on the basis of a four (4) consecutive day work week.
Both the employee and his/her supervisor shall mutually agree to a regular work schedule. The
supervisor will not unreasonably withhold approval of requests to change the regular work
schedule to one of the above options. The City reserves the right to determine the work schedule
based on the needs of the City and the services to the public.
For part-time employees a regular work schedule consists of a minimum average of 20 hours per
week on the basis of a five (5) consecutive day work week.
Variable Work Schedule: A variable work schedule is a work schedule that permits variable
starting and quitting times during the work week and, by mutual consent, may vary consecutive
work days, but which does not exceed 40 hours in a work week. Variable work schedules are
voluntary for both the City and the employee and must be prior authorized by the manager. Part
time employees may also work a variable schedule.
Flexible Hours: An employee and the City may agree to "flexing" an employee's work
schedule on a temporary basis which is not the same as working a variable schedule. (See.7.2).
Section 6.2. - Rest Periods: Where possible, a rest period of fifteen (15) minutes shall be
permitted for all employees during each half (1/2) shift, which shall be scheduled by the City in
accordance with specific operating requirements of each employee's duties, and shall be paid
working time.
Section 6.3. - Meal Periods: Employees shall be granted either a thirty (30) or sixty (60) minute
meal period during the middle of each work shift which shall not be considered working time.
Employees may adjust their meal period with supervisory approval. Employees who are
required to work during the lunch period shall be paid for the time worked or the shift reduced
accordingly at the mutual agreement of the employee and the City.
Section 6.4. - Posting Schedules: Work schedules and shifts shall be posted on bulletin boards
within the work area of affected employees in the Library, Maintenance Department and Water
Treatment Plant.
Section 6.5. - Changing Established Schedules: Established work schedules as defined in 6.1
may only be changed after thirty (30) days written notice to affected employees.
Section 6.6. - Inclement Weather/Emergency Shift Change: On or before October 15th of
each year, the City shall establish and post a 24 hour work schedule for inclement weather for
employees of the Maintenance Services Department. The City will consult with employees
regarding the work schedule and attempt to establish the schedule based upon seniority and the
needs of the Department. The City may implement the inclement work schedule when deemed
necessary.
Section 6.7. - Water Treatment Plant Shift: In applying the terms of this article, work
schedule for operators at the Water Treatment Plant has the following definitions:
"Schedule" refers to the days of the week and employee is assigned to work.
Lake Oswego Municipal Employees' Association (LOMEA)
Collective Bargaining Agreement
July 1, 2009 —June 30, 2012
"Shift" refers to the daily hours an employee is assigned to work.
o "First Shift" is the day shift.
o "Second Shift" begins during the afternoon
o "Third Shift" precedes the First Shift and is only used when the Water Treatment Plant is
on a five day, eight hour shift schedule.
When temporary changes are made to an operator's schedule the following conditions apply:
A. If the City approves a leave for a WTP employee which is 5 or less days, the City
will not change another WTP employee's normal time off during his/her normal days
off unless the City pays overtime for the modified shift.
B. Any temporary shift change that requires an employee to work at a time earlier or
later than he/she would on his/her normal shift shall make that employee eligible for
overtime, not to exceed ten (10) hours per day, if that employee was not notified of
such change at least five (5) calendar days prior to the change of the shift.
C. If a WTP employee is scheduled to work forty (40) hours (either four days at ten
hours or five days at eight hours) and is required to work a second week without
receiving at least two consecutive days off and does not qualify for overtime, he/she
will receive four hours of compensation at the straight time rate for each day, but no
more than eight hours of straight time total
D. If a WTP employee is not allowed to take his/her days off consecutively and does
not qualify for overtime, the employee will receive four hours of straight time pay for
each day worked but no more than eight hours of straight time total.
ARTICLE 7 - OVERTIME
Section 7.1. - Overtime Rate of Pay: Employees assigned a five (5) day eight (8) hour or four
(�+) day �eii (I0) ito ur work schedule shall be compensated at a rate of pay of time and one-half
(1-1/2) for work performed in excess of eight (8) hours per day for employees working a five (5)
day eight (8) hour work week or ten (10) hours per day for employees working a four (4) day ten
(10) hour work week, or forty (40) hours in a work week. Shift differential shall be included in
the computation of overtime when overtime is worked within the same work week as the
applicable shift work.
Section 7.2. - Flexing Hours: An employee who works in excess of his/her regularly scheduled
hours of work on any given day may, with the approval of his/her supervisor, waive the daily
overtime pay and flex the remaining hours worked during the work week so that the employee is
not working more than forty (40) hours during the work week. Overtime shall be computed to
the nearest fifteen (15) minute period.
Section 7.3. - Variable Work Schedules: Employees assigned a variable work schedule under
the terms of Article 6.1 shall be compensated at a rate of pay of time and one-half (1 1/2) for all
work performed in excess of forty (40) hours in a work week. Overtime shall be computed to the
nearest fiftee-1 (15) minute period.
Section 7.4. - `Hours Worked': For the purposes of determining hours worked, vacation, sick
leave, compensatory time and holidays shall be considered as hours worked. Military leave shall
not be considered as hours worked pursuant to the Fair Labor Standards Act.
Lake Oswego Municipal Employees' Association (LOMEA)
Collective Bargaining Agreement
July 1, 2009 lune 30, 2012
r: All overtime worked shall be
case of compensatory time, the
At the discretion of the employee, overtime may be compensated by granting the accrual of
compensatory time in lieu of overtime pay. Compensatory time in lieu of overtime pay shall
accrue at the rate of time and one-half (1 1,'2) for overtime work. Employees may accrue a
maximum of eighty (80) hours compens� gory tine, exclusive of compensatory time in lieu of
holidays. In exigent circumstances, the City Manager has the discretion to temporarily (up to six
months) increase the maximum accrual cap of eighty (80) hours of compensatory time.
Compensatory time off shall be taken by mutual consent and as approved by the department
head, consistent with the needs of the City.
Section 7.6. - `Flex Time' In Lieu of Overtime Pay: Time off in lieu of overtime pay shall be
at the straight time rate if taken within the workweek (i.e., "flextime") regardless of the
designated schedule if mutually agreed to by the City and employee. In all cases, working
overtime and taking time off in lieu of overtime pay (compensatory time and flextime) must be
approved in advance by the City.
Section 7.7. - Call -Back: An employee who is released from work and called back to perform
emergency work shall receive a minimum of three (3) hours' pay at the overtime rate unless the
time is within two (2) hours prior to the regular starting time; in which case, the employee shall
be paid at the overtime rate for actual time worked. Overtime shall be paid for call-backs exclu-
sive of Section 7.4 regarding working hours. This minimum shall not apply more than once when
an employee is paged or called back more than once within a three (3) hour period.
ARTICLE 8 - SPECIAL PAY
Section 8.1. — Standby: Standby duty is defined as whenever an employee is required to be
available to receive emergency phone calls during the evenings and/or weekends outside their
normal working hours for one week consecutively. Employees required to be on standby for a
consecutive seven (7) day period shall receive twelve (12) hours of standby pay at the straight
time rate. Employees required to be on standby for a period which includes a holiday shall
receive twelve (12) hours additional standby pay. Standby pay is intended to cover all time spent
on the phone responding to requests for service. No overtime shall be paid unless the employee
is required to return to work.
Employees at their option shall be allowed to trade standby duty with another employee on the
standby list. Management will be notified in advance and it will be documented on the schedule.
Employees at their option shall be allowed to forfeit, to another employee on the standby list, up
to two standby shifts per calendar year. Employees can only take up to an additional four standby
shifts per calendar year. Management will be notified in advance and it will be documented on
the schedule.
The standby schedule will be a one year schedule that is updated annually with employee input
and consideration to vacations and/or other commitments. The City may adjust the schedule
throughout the year as needed due to operational needs. However, any adjustment shall be done
with as little disruption to the schedule as possible. This schedule shall be posted in accordance
with Section 6.4 — Posting Schedules.
Lake Oswego Municipal Employees' Association (LOMEA) 9
Collective Bargaining Agreement
July 1, 2009 —June 30, 2012
Section 8 2 - Shift Differential for Water Treatment Plant Operators: Water Treatment
Plant Schedules are defined in Article 6.7.
Water Treatment Plant Operators working the first shift will not be paid shift differential.
Operators working the second shift, after any overlap period with the first shift, shall be paid an
additional 4% per hour. Third shift operators shall be paid an additional 5% per hour.
Section 8. - Show Un Pay for Maintenance Emplovees: An employee who is scheduled for
work, reports for work, and is required by his or her supervisor to leave work prior to the
beginning of his or her shift shall be paid the equivalent of three (3) hours pay at time and one-
half. When an employee actually begins his/her scheduled shift and is sent home prior to the end
of the shift, the employee shall be paid for the remainder of the scheduled shift.
ARTICLE 9 — WAGES
Section 9.1. For the period of July 1, 2009 to June 30, 2010 wages shall be as set forth in
Appendix A. Effective July 1, 2009 the cost of living adjustment shall be 1.5%. Effective January
1, 2010 the cost of living adjustment shall be 1%.
For the period July 1, 2010 to June 30, 2011 the wage increase shall be the yearly percentage
change in the Portland Consumer Price Index for Urban Wage Earners (CPI -U) for the period of
time ending December 31, 2009 with a minimum of 1.5% and a maximum of 3.5%. The
percentage change is determined by comparing the change between December 31, 2008 and
December 31, 2009. The amount shall be carried to the first decimal point. The new wage scale
shall be attached as Appendix A and made a part of this agreement.
For the period July 1, 2011 to June 30, 2012 the wage increase shall be the yearly percentage
change in the Portland Consumer Price Index for Urban Wage Earners (CPI -U) for the period of
time ending December 31, 2010 with a minimum of 2% and a maximum of 4%. The
percentage change is determined by comparing the change between December 31, 2009 and
December 31, 2010. The amount shall be carried to the first decimal point. The new wage scale
shall be attached as Appendix A and made a purl of this agreement.
Section 9.2. Beginning with the July 31, 1980 payroll for work performed on or after July 1,
1980, the City of Lake Oswego shall cease withholding from employees' monthly salaries the
contributions required by ORS 238.200 and 238.440, and shall assume and pay a six percent
(6%) average employee contribution to the Public Employee Retirement Fund for the employee
members then participating in the Public Employee Retirement System or the Oregon Public
Service Retirement Plan. Such payment of employee member monthly contributions to the
system shall continue for the life of this agreement, and shall also be applicable to employees
who first began to participate in the system on or after July 1, 1980 to the termination of this
agreement. The full amount of required employee contributions paid by the City of Lakc
Oswego on behalf of employees pursuant to this agreement shall be considered as "salary" within
the meaning of ORS 238.005(20)(5) for the purposes of computing an employee member's "final
average salary" within the meaning of ORS 238.005(8); but shall not be considered as "salary"
for the purposes of determining the amount of employee contributions required to be contributed
pursuant to ORS 238.200 & 238.440. Such paid employee contributions shall be credited to the
employee accounts pursuant to ORS 238.205, and stall be considered to be employee
contributions for the purposes of ORS 238.005 to 238.750.
If the Oregon Public Employee Retirement System (PERS) statute is modified to end the
employer "pick-up" of the employee contribution, the parties agree to enter into negotiations to
determine a successor retirement benefit.
Lake Osweso Municipal Employees' Association (LOMEA) 10
Collective $ar aining Agreement
July 1, 2009 —June 30, 2012
Section 9.3. - Salary Administration: An employee shall move from Step 1 to Step 2 (or the
next higher step if hired at a step above step 1) after 180 days of employment and yearly
thereafter through the steps of the salary range based on satisfactory performance. If an
employee is denied a step increase due to unsatisfactory performance, the employee may grieve
the denial through the grievance procedure to the City Manager whose decision shall be final and
binding.
ARTICLE 10 - HOLIDAYS
Section 10.1. Except as provided herein, employees shall be entitled to the following paid
holidays:
1.
New Year's Day
7.
2.
Martin Luther King Day
8.
3.
President's Day
9.
4.
Memorial Day
10.
5.
Independence Day
11.
6.
Labor Day
12.
13.
Veteran's Day
Thanksgiving Day
The Friday Following Thanksgiving Day
Four hours the second half of the work
day on Christmas Eve*
Christmas Day
Four hours the second half of the work day
on New Year's Eve*
Personal Holiday
*When Christmas Day or New Year's Day falls on Tuesday through Friday and City Hall and/or
other City facilities are closed early on Christmas Eve or New Year's Eve, employees who are
required to work will be credited with four hours personal holiday time for Christmas Eve and
for New Year's Eve.
Holiday pay will be set at eight (8) hours. Employees who work ten (10) hours per day on the
basis of a four (4) consecutive day work week or any other schedule where the employee would
normally work more than eight (8) hours on the holiday shall have the option of using vacation,
compensatory time, leave without pay, or work extra hour(s) to offset this benefit.
Part-time employees shall be entitled to holiday pay as per Appendix "C". Seasonal employees
shall be entitled to the above holidays if so employed when the holiday occurs (see Appendix
«C,).
Section 10.2. When the holiday falls on a Saturday, the holiday will be observed on the
preceding Friday. When the holiday falls on a Sunday, the holiday will be observed on the
following Monday.
Section 10.3. When a full-time or seasonal employee is unable to observe a holiday because the
holiday falls on the employee's day off, the employee shall receive eight (8) hours compensatory
time at the straight time rate in lieu of the holiday off (see Appendix "C").
Section 10.4. — Holidav Pay: When a full-time or seasonal employee is called back or required
to work on a recognized holiday, the employee shall be compensated at the rate of two (2) times
the normal rate of pay for actual time worked plus the regular holiday pay, except for those
employees who receive compensatory straight time off in lieu of holidays as set forth in Article
10.5.
Lake Oswego Municipal Employees' Association (LOMEA)
Collective Bargaining Agreement
July 1, 2009 lune 30, 2012
If a part-time employee is called back or required to work on a recognized holiday that they are
not normally scheduled to work, they will be paid straight time for the hours worked, plus
receive an equal number of hours of compensatory straight time (see Appendix "C").
Section 10.5. Employees assigned to the Water Treatment Plant shall accrue 9.7 hours
compensatory time per month for each full month worked in lieu of paid holidays. For work that
is less than a full month, com:- msatory time in lieu of paid holidays shall be prorated to actual
time worked. Holiday time 1 ry be accrued up to forty (40) hours. Accrued time may be taken
off at the mutual consent of tb,, parties consistent with the needs of the City. If other City
employees are granted four hours personal holiday time on the day before Christmas and the day
before New Year's, Water Treatment Plant employees shall also be granted four hours personal
holiday time for each day.
Section 10.6. The "personal holiday" must be taken within the fiscal year. Personal holidays
shall not accrue from one fiscal year to another. If an employee fails to take a personal holiday,
it shall not be compensated. Accrued time may be taken off at the mutual consent of the parties,
consistent with the needs of the City. With the exception of the Christmas Eve and New Year's
Eve personal holiday time, part-time employees' personal holiday time shall be as follows:
employees assigned to a 20 - 29 hours per week shift shall receive 50% of the amount of time
received by a full-time employee; employees assigned to a 30 - 39 hours per week shift shall
receive 75% of the amount of time received by a full-time employee. Regular part-time
employees shall be provided pay for four (4) hours during the half -holidays on Christmas Eve
and New Year's Eve.
ARTICLE 11 - VACATION
Section 11.1. - Vacation Accrual - Represented Full Time Emplovees:
Employees shall accumulate vacation in the following manner:
Years of Service
Hours of Vacation
Per 1vionth
-Weeks-Days
Per Year
er Year
Max
Vacation
Accrual hrs
0 through 3
8
2.4
12
192
4 through 9
11
3.3
16.5
264
10 through 15
14.33
4.2
21.50
343.92
16 through 19
15.66
4.8
23.50
375.84
20+
16.67
5
25
400.08
Section 11.2. - Limitations: Employees working less than a full month shall be credited a
prorated amount of vacation. In no instance shall an employee accrue vacation time while he/she
is on a leave of absence without pay.
Vacation time may be accrued to a maximum of two years' accrued vacation. Employees may
cash out up to eighty (80) hours of accrued vacation time twice per fiscal year with the approval
of the department head.
Regular, full-time employees are required to take 40 hours vacation annually (The 40 hours do
not have to be taken consecutively). This requirement may be waived upon request of an
employee for extenuating circumstances at the discretion of Human Resources
Lake Oswego Municipal Employees' Association (LOMEA) 12
Collective Bargaining Agreement
July I, 2009 —June 30. 2012
Section 11.3. - Vacation Reduction: When an employee currently exceeds the maximum
allowable vacation (two times yearly accrual), the City on a monthly basis, shall contribute the
value of the excess vacation time to the employee's VEBA account.
Section 11.4. - Vacation Accrual — Represented Part Time and Seasonal Employees:
Seasonal employees shall accrue vacation time at the full time rate while so employed. RegL
part time employees shall accrue vacation hours in the sarneproportion that t'_ieir work hours
be.!- to full-time employment while using the years of service categories abo oe. The date of
original hire shall be used for calculating accrual rates.
Section 11.5. - Converting Accrued Sick Leave to Vacation Leave: See 12.6 under Sick
Leave.
Section 11.6. - Donating Vacation to Another Employee's Sick Leave Account: See Article
12.4 under Sick Leave.
ARTICLE 12 - SICK LEAVE
Section 12.1. - Sick Leave Accrual for Represented Full Time Emplovees: Sick leave shall
be earned by each regular full-time employee at the rate of eight (8) hours for each full month of
service. Employees shall be credited a prorated amount of sick leave for work less than a full
month. Sick leave may be accumulated to a total of not more than one -thousand eighty hours
(1080). Accumulated sick leave beyond one -thousand eighty hours (1080) shall be transferred to
the employee's VEBA account on a monthly basis.
Section 12.2. - Sick Leave Accrual for Represented Part Time and Seasonal Employees:
Seasonal employees shall accrue sick leave time at the full time rate while so employed. Part-
time employees shall accrue sick leave in the same proportion that the employee's work hours
bear to full-time employment.
Section 12.3. - Using Sick Leave: Employees may utilize their sick leave for the following
purposes:
a. When the employee is unable to perform their work duties by reason of an off -the -
job illness or injury, necessity for dental or medical care, or exposure to contagious
disease under circumstances which the health of the employee with whom
associated or members of the public necessarily dealt with would be endangered by
attendance on duty.
b. When an employee is unable to perform their work duties by reason of an on-the-
job injury or occupational illness, set forth in Article 14.
c. An employee may utilize their sick leave allowance by reason of illness or injury in
the immediate family of the employee when the employee's attendance is required
to care for the immediate family member. "Immediate family" is defined as mother,
father, spouse, domestic partner, sister, brother, children (including foster or court
appointed children), step children and in-laws or other relatives residing in the
employee's household or requiring the employee's absence from work. For
purposes of this article, where sick leave benefits are extended to "spouses",
domestic partners shall be considered a spouse, and relatives of domestic partners
shall be considered a spouse's relatives. A charge shall be made against sick leave
credits for time absent from work only.
Lake Oswego Municipal Employees' Association (LOMEA) 13
Collective Bargaining Agreement
July 1, 2009 — June 30, 2012
d. For other OFLA qualifying absences.
An employee may utilize his sick leave or vacation account until such time as tale employee is
eligible to receive disability insurance payments under PERS or the City's long term disability
insurance policy.
A charge against the employee's sick leave o: acation account shall be made on a prorated basis
and in proportion to the pay received from the City. All sick leave paymentf- shl 11 cease upon
the depletion of the employee's sick leave account.
All sick leave must be approved by the department head. Approval may be withheld pending
certification of the attending physician or practitioner that such illness or injury prevents the
employee from working. No compensation for accrued sick leave shall be allowed to any
employee when he is separated from the City service. Sick leave shall not accrue during any
period of leave of absence without pay. Abuse of sick leave shall be cause for disciplinary
action.
Upon retirement of an employee, and as allowed under Oregon law, the City will report any
unused sick leave hours to PERS for use in determining final average salary retirement
calculations.
Section 12.4. - Donatiniz to an Employee's Sick Leave Account: An employee may donate
accrued vacation, compensatory or personal leave time to another employee when the second
employee (donee) does not have adequate accrued sick leave to cover an injury or illness.
Donating time shall not be used to extend employment. Hours donated shall be transferred on an
hour for hour basis.
Section 12.5. - Converting Accrued Sick Leave to Vacation Leave: Represented full time
employees who do not use an unscheduled absence during any consecutive three-month period
shall be entitled to convert 8 hours of accrued sick leave to 8 hours of vacation leave. This
provision does not apply to 8 -month seasonal employees covered by the contract, or employees
in original probationary period.
Represented part time employees who are scheduled to work an average of 20 and 29 hours per
week on a year around basis shall be entitled to convert 4 hours of accrued sick leave to 4 hours
of vacation leave after three consecutive months of no unscheduled absences. Represented part
time employees who are scheduled to work an average of 30 to 39 hours per week on a year
around basis shall be entitled to convert 6 hours of accrued sick leave to 6 hours of vacation
leave after three consecutive months of no unscheduled absences.
Any use of unscheduled leave, including use for doctor's appointments, school appointments,
funerals, etc., makes an employee ineligible to make the conversion for the three-month period in
which the leave occurs. Unscheduled absence is defined as an absence for which the employee
has either failed to report to work or remain at work as scheduled, without a written leave request
having been submitted at least two weeks in advance of the requested absence.
ARTICLE 13 - LEAVES OF ABSENCE
Section 13.1. The City will comply with the federal Family Medical Leave Act and the Oregon
Family Leave Act (ORS (659 A.150-659 A.186) An employee may utilize sick leave benefits
for family leave as contained in Article XII, Sick Leave, or any accrued compensatory time or
Lake Oswego Municipal Employees' Association (LOMEA) 14
Collective Bargaining .Agreement
July 1, 2009 —dune 30, 2012
vacation time after the depletion of sick leave to 40 hours of sick leave remaining. The City will
not require the employee to take accrued leave during family leave.
After returning to work after taking family leave under the provisions of ORS 659.A.150 to 659
A.186, an eligible employee is entitled to be restored to the position of employment held by the
employee when the leave commenced if that position still exists, without regard to whether the
employer filled the po—,ition with a replacement worker during the period of family leave. If th.
position held by the e :_tployee at the time family leave commenced no longer exists, the
employee is entitled to be restored to any available equivalent position with equivalent
employment benefits, pay and other terms and conditions of employment. If an equivalent
position is not available at the job site of the employee's former position, the employee may be
offered an equivalent position at a job site located within 20 miles of the job site of the
employee's former position.
Section 13.2. — Bereavement Leave: In the event of a death in the employee's immediate
family as defined below, the employee may take up to a maximum of forty (40) hours ,leave per
occurrence. Approval of the specific amount of leave time shall depend upon: 1) the distance
needed to travel to attend the funeral; 2) whether or not the employee is responsible for making
funeral arrangements; and 3) any other related factors. Bereavement leave shall not be charged
to the employee's sick leave account.
For the purposes of bereavement leave only, "immediate family" shall include those individuals
listed as "immediate family" in 12.3, the employee's step relatives and the grandparents and
grandchildren of both the employee and the employee's spouse or domestic partner. An
employee may request compassionate leave for any other individuals but the granting of that
.request will be at the discretion of the Human Resources Director.
Section 13.3. Military leave shall be granted in accordance with ORS 408.290.
Section 13.4. Educational leave may be granted up to nine months without pay to attend school
on a full time basis at the sole discretion of the department director. Prior to educational leave,
the City may require the employee to exhaust all available paid leave time except sick leave.
Section 13.5. Other leaves may be granted up to six months without pay for purposes other than
outside employment at the sole discretion of the department director. The City may require the
employee to exhaust all available paid leave time prior to the unpaid leave except sick leave.
Section 13.6. When an employee is called for jury duty or is subpoenaed as a witness as a result
of his/her official employment duties with the City, he/she will be continued at full salary for the
period of service required. All monies received as witness fees or pay for jury duty must be
signed over to the City when compensation is claimed.
Section 13.7. Fringe benefits may be continued by an employee while on non-FMLA approved,
unpaid leave of absence provided the employee makes timely advance payment of the premiums.
Failure to make the advance premium will result in a lapse of coverage until the employee
returns to paid employment.
Section 13.8. In the event of emergency closure of City facilities due to inclement weather or
other natural or human caused disaster (e.g., flood, earthquake, volcano, terrorism), when
employees are prohibited from coming to or remaining at work (i.e., their supervisor requires
them to go home), the City shall pay affected employees their regular rate of pay for up to 3
days.
Lake Oswego Municipal Employees' Association (LOMEA) 15
Collective Bargaining Agreement
July 1, 2009 — June 30, 2012
In the absence of an emergency closure, if employees decide that such conditions prevent them
from coming to work or causes them to leave early, employees can use paid leave time, including
vacation, comp time, personal time or up to 3 days leave without pay per incident.
ARTICLE 14 - WORKER'S COMPENSATION
Section 14.1. The employee may select one of the following o; : ons:
a. The employee will only receive his/her Workers' Compensation time loss
payments.
b. Employees may notify the City in writing that they wish to voluntarily turn in
their first and all subsequent Workers' Compensation time loss payments.
Employees who do so will, in turn, receive their regular paycheck (including any
scheduled overtime) and benefits for the period they are receiving time loss
payments. In addition, the following will occur.
1. No sick leave will be deducted from the employee's accruals for 180
calendar days following the first day of absence due to the on-the-job injury
or occupational illness or aggravation of any such injury or illness.
2. After the 180 calendar days, employees shall use available sick leave
payments in order to receive their regular gross wages. However, an
employee's sick leave bank account shall be charged for only the difference
between the employee's time loss payments and his/her regular gross
wages.
3. In the event an employee who elects this option fails to provide the City
with any of his/her Workers' Compensation time loss payments, the
employee will receive only time loss benefits for that period. The employee
shall provide the City with the time loss payment within fifteen days after
receiving it. in the event an overpayment occurs, the City can automatically
deduct any overpayment in full from the employees' next paycheck, or from
subsequent checks if there is not a sufficient amount in the next paycheck.
4. In the event an employee's time loss benefits end, but he/she is unable to
return to work, that employee may utilize full sick leave benefits in order to
receive his/her regular gross wages.
5. In the event an employee's sick leave benefits are depleted, that employee
shall use available compensatory time and vacation pay to receive their
regular gross wages. In the event an employee does not specify whether
he/she prefers to utilize compensatory time or vacation pay, compensatory
time will be used first, then vacation pay.
C. The City shall not reduce the amount of family leave available to an employee
eligible for leave under the Oregon Family Leave Act (OFLA) ORS 659A.150,
et, seq., for any period the employee is unable to work because of a disabling
compensable injury. [ORS 659A.162(6)]
Section 14.2. If an employee's workers' compensation claim is disputed, the employee will be
eligible to exercise the same options as outlined in Section 14.1, while the claim is in disputed
Lake Oswego Municipal Employees' Association (LOMEA) 16
Collective Aar-aining Agreement
July 1, 2009-1une 30, 2012
status. In the event the employee's injury or illness is determined to be non -compensable at any
point in the workers' compensation process, whether by the City's workers' compensation
carrier or through a workers' compensation proceeding, the employee shall, from that date, be
treated as though he/she suffered a non -compensable injury or illness and shall be eligible to
draw full available sick leave benefits. If the employee's sick leave benefits are depleted, the
employee shall use available compen-.:tory time and vacation pay. In the event an employee
does not specify whether he/she p:;.-fers to utilize compensatory time or vacation pay,
compensatory time will be utilized firs', then vacation pay.
Section 14.3. In the event there is a final decision issued through the Workers' Compensation
Board or Oregon courts, reversing a previous determination that an employee's injury or illness
was or was not compensable, the employee's sick leave and other paid leave accounts will be
adjusted to reflect what he/she should have received in sick leave and other benefits pursuant to
Section 14.1, above. Any such adjustment will not, however, permit an employee to receive the
restoration of sick leave or other paid leave benefits for any portion of an employee's time off for
which he/she was receiving time loss or disability insurance benefits. If the employee's sick
leave and other paid leave accounts are insufficient to allow the City to adjust for overpayments,
the employee's sick leave account will be adjusted to reflect a negative balance. The City will
not, however, reflect a negative balance in the employee's other paid leave accounts or deduct
from the employee's subsequent paychecks to adjust for overpayments.
Section 14.4. In the event that the procedure set forth in this Article is found to be in violation
of state statute or other law, the City and Association agree to re -open this Article for
negotiation.
ARTICLE 15 - LAYOFF
Section 15.1. The City may layoff employees for lack of work, reorganization, change in
staffing, shortage of funds or business necessity. Layoff shall be by department, division and job
classification. The City will determine the staffing level (number of full time or part-time
positions and the classification of those positions). Once the staffing level is determined,
employees shall be laid off based upon the employee's qualifications, skills and abilities to
perform the work. In instances where two or more employee's skills, abilities and qualifications
are equal, seniority shall be used as the determining factor. Provided, however, that the
following order of layoff within employment categories shall occur: Casual part-time, seasonal,
probationary career part-time, career part -tune, probationary full-time and full time.
Section 15.2. At least fourteen (14) calendar days prior to notice of layoff, the City Manager or
his designee shall provide the Association written notification of its intent to layoff an employee.
The notification will be treated with confidentiality. The City shall discuss with the Association
the criteria which shall be used to determine qualifications, skills, abilities and seniority, of
employees and the order of layoff. At the time of notification, the City shall provide to the
Association a seniority list.
Section 15.3. An employee shall be given written notice of a pending layoff at least forty-five
(45) calendar days before the effective date of the layoff. The layoff notice shall advise the
employee of available options.
Section 15.4. Prior to layoff, the City shall attempt in lieu of a layoff and upon agreement with
the affected full time or part time employee, to transfer or demote an employee scheduled for
Lake Oswego Municipal Employees' Association (LOMEA) ]
Collective Bargaining Agreement
July 1, 2009 lune 30, 2012
layoff to another full time or part time position in the City service, provided a position is
available; the employee is qualified to perform the duties of the position; and the transfer or
demotion does not displace another employee subject to the other provisions of this article. If at
the end of a six month probationary period, the City determines the employee has not
successfully completed the probationary period, the employee shall be placed on the recall list.
Section 15.5. For the purposes of this article, "seniority" is defined as the date of . i emplo} ce's
appoint, -lent to his/her position within a job classification series. If two employee:, �iave the
same appointment date, then seniority is determined by date of hire with the City. -his same
definition of seniority applies to seasonal and part-time employees, regardless of wtiether or not
their appointment within a job classification series was before or after they became part of the
bargaining unit. However, seasonal and part-time employees' seniority shall be prorated based
upon the number of hours worked compared to the available number of hours in the month.
Section 15.6. An employee notified of layoff may bump from a higher classification to a
classification in the same pay range or a lower pay range provided the bumping employee has
previously held a position in the classification series and has more seniority than the person
being bumped. The least senior person in the classification shall be the person bumped. An
employee who bumps into a new position due to layoff is eligible to move back to his/her former
position should it become available within twenty-four (24) months. An employee notified for
layoff must exercise his/her bumping rights, in writing within seven (7) working days of receipt
of the layoff notice.
Section 15.7. Employees who have been laid off shall be placed on a recall register in the
inverse order of layoff for a period of twenty-four (24) months from the date of layoff.
Reinstatement shall be offered to those employees on the list for the job classification from
which they were laid off prior to hiring any new employee(s). Laid off part-time employees are
eligible for recall to a full time position but only after the eligible full-time employees have been
recalled first. Laid off full-time employees are eligible for recall to part-time positions before
laid off part-time employees. Notice of recall shall be made by Certified Mail — Return Receipt
Requested and regular mail. Employees shall be responsible for keeping the City informed of
their correct address. Failure to respond to such recall notice within ten (10) working days of the
receipt of the notice shall cause 'loss of recall eligibility. An employee shall have two (2) weeks
to reportto work. A laid off part-time employee who is offered a full-time job and declines,
shall remain on the recall list. A laid off full- time employee who is offered a part-time job and
declines, shall remain on the recall list. A laid off full- time employee who is offered a full-time
job and declines shall relinquish all recall rights provided for within this article and agreement.
A laid off part-time employee who is offered a part-time job and declines, shall relinquish all
recall rights provided for within this article and agreement.
If at the end of a six month probationary period, the City determines the recalled employee has
not successfully completed the probationary period, the employee shall be returned to the recall
list. The twenty-four (24) months on the recall list does not include such time employed by the
City. An employee recalled to his/her former position will not be required to serve a
probationary period.
Section 15.8. Employees who are laid off shall be provided medical insurance benefits for six
(6) months or until they are eligible for medical insurance from another source whichever occurs
first.
ARTICLE 16 - EMPLOYEE INSURANCE BENEFITS
Lake Oswego Municipal Employees' Association (LOMEA) 18
Collective Bargaining Agreement
July 1, 2009 —June 30, 2012
Section 16.1. Life, AD&D, Disability: All eligible employees will be provided with Life,
AD&D and Disability benefit coverage at the City's cost as follows:
A. Disability Insurance: This plan shall provide long-term disability coverage
$4,000/month or 60% of the employee's salary, whichever is less, after a ninety (9J) day
waiting period. An employee may purchase additional coverage at his/her own expense.
Additional costs shall not be subject to payment by tl . City.
B. Life Insurance: This plan provides a term life in...lrance benefit in the amount of
$25,000 and shall include an accidental death and dismemberment benefit.
Section 16.2. — Medical, Dental, Vision, and Prescription Insurance: Effective January 1,
2010 or upon ratification (whichever occurs later), for regular full time and represented seasonal
employees, the City will pay 97% of the composite monthly premium cost of the medical
insurance plan. The employee will be responsible for the difference and will pay the monthly
amount through a payroll deduction.
Effective July 1, 2010, for regular full time and represented seasonal employees, the City will
pay 96% of the composite monthly premium cost of the medical insurance plan. Thd employee
will be responsible for the difference and will pay the monthly amount through a payroll
deduction.
Effective July 1, 2011, for regular full time and represented seasonal employees, the City will
pay 95% of the composite monthly premium cost of the medical insurance plan. The employee
will be responsible for the difference and will pay the monthly amount through a payroll
deduction.
Effective January 1, 2010 or upon ratification (whichever occurs later), for regular full time and
represented seasonal employees, the City will pay 98% of the composite monthly premium cost
for the City's Health Maintenance Organization plan (HMO). The employee will be responsible
for the difference and will pay the monthly amount through a payroll deduction.
Effective July 1, 2010, for regular full time and represented seasonal employees, the City will
pay 96% of the composite monthly premium cost for the City's Health Maintenance
Organization plan (HMO). The employee will be responsible for the difference and will pay the
monthly amount through a payroll deduction.
Effective July 1, 2011, for regular full time and represented seasonal employees, the City will
pay 95% of the composite monthly premium cost for the City's Health Maintenance
Organization plan (HMO). The employee will be responsible for the difference and will pay the
monthly amount through a payroll deduction.
The City will pay 100% of the premium for both ODS and Kaiser dental for the term of this
contract. The City will pay 100% of the premium for the vision insurance plan.
A. Medical Insurance Plan: This plan shall be substantially comparable to the City's
adopted medical insurance plan offered by Pacific Source Health Plans and shall include
limited chiropractic care and a $15.00 co -pay substantially comparable to the Pacific
Source Plans.
Lake Oswego Municipal Employees' Association (LOMEA) 19
Collective Bargaining Agreement
July 1, 2009 — June 30, 2012
B. HMO: The City's HMO plan shall be offered through Kaiser Permanente.
C. Dental Service Plan: This plan shall be substantially comparable to the Oregon
Dental Service's "Incentive Dental Program," which includes coverage for orthodontic,
crown, and inlay services. Employees may, at their option, select Kaiser dental coverage
whether they have Kaiser or PacificSource medical insurance.
D. Vision Plan: Tf , plan shall be substantially comparable to the VSP Vision Plan
adopted by the City.
Section 16.3. - Seasonal Employees: Represented seasonal employees shall be entitled to
insurance benefits while employed at the same amounts paid for full time employees.
Section 16.4. - Part Time Emplovees: The City shall provide regular part-time employees
medical and dental insurance plan premiums in the same proportion that their work hours bear to
full-time employment. For any premium balance due, the City shall provide to represented part-
time employees an amount equal to the City's service plan (currently PacificSource plus VSP)
premium applied to the medical and dental HMO Plan premium. The minimum percentage of
premium costs for part-time employees shall be at least the same percentage as for full-time
employees.
Represented part-time employees who choose to participate only in one of the dental plans shall
have 100% of their dental premium paid by the City.
Section 16.5. An employee is entitled to the above referenced insurance contributions if:
A. the employee is in paid status (hours worked or any paid leave) at least twenty (20)
hours in the month, or
B. the employee is off work due to a compensable on-the-job injury for a period up to
one (1) year whether or not the employee has any accrued leave time.
iectioa iu.v. - Doines6c rariners: For purposes of this article, where insurance benefits are
extended to "spouses", a domestic partner shall be considered a spouse. Children of domestic
partners shall be considered family members of an employee.
Section 16.7. - Voluntary Emplovee Beneficiary Account (VEBA): Effective July 1, 2002,
the City will establish a Voluntary Employee Beneficiary Account (VEBA) for the employees
covered by this Agreement. Contributions to individual employee VEBA accounts shall be made
in accordance with the terms of this Agreement, as authorized by Internal Revenue code Section
501(c)(9). Effective July 1, 2009, the City will make contributions of $25 per employee per
month into employee VEBA accounts. Effective July 1, 2010, the City will make contributions
of $30 per employee per month into employee VEBA accounts. Effective July 1, 2011, the City
will make contributions of $40 per employee per month into employee VEBA accounts.
ARTICLE 17 - EDUCATION REIMBURSEMENT
Section 17.1. Subject to a maximum of $3,000 (Three -thousand dollars) per employee, per
fiscal year, and the availability of funds, the City will reimburse employees at the rate of one
hundred percent (100%) for the cost of books and tuition for any successfully completed academic
course which is directly related to their assigned department or a mutually agreed upon career
Lake Oswego Municipal Employees' Association (LOMEA) �p
Collective Bargaining Agreement
July 1, 2009 — June 30, 2012
development plan. The course must have prior approval by the respective department head and
must be completed with a 2.0 or "C" or better grade. Once such career development plan has been
agreed upon by the department head, the City will not withhold reimbursement for any course
required by such plan. Any books purchased and reimbursed by the City are to be returned to the
City and shall be considered City property upon completion of the course. The City will attempt
to budget funds to allow employees to utilize the provisions of this article.
Rc;,:nbursement is not available through the City if other compensation is a, ..able from other
sources, such as the G.I. Bill, LEEP, or other similar programs.
A further stipulation for any tuition reimbursement is that the benefited employee is required to
continue employment with the City for a period of one (1) year after completion of the course(s)
provided. Voluntary separation from the City, prior to this time period, will require that the
employee return to the City a portion of the amount received. The employee will each month be
credited one -twelfth (1/12th) of the amount received for each month of completed service after
completion of the course for which reimbursement was made.
Section 17.2. -Licenses and Certifications: The City agrees to continue to pay license and
certification fees and costs associated with those licenses and certifications incurred by
employees. The licenses and certifications must be related to employment.
Employees are responsible for renewing and maintaining certificates they acquired as
qualifications for the job they hold. If such a required certificate lapses solely because of an
employee's action or inaction the employee shall be subject to discipline.
ARTICLE 18 - UNIFORMS AND CLOTHING
Section 18.1. The City agrees to provide full time and represented seasonal employees in the
Maintenance Services Department and at the Water Treatment Plant the following clothing:
A. New employees shall be given five sets of uniforms (5 pants, 5 shirts and 3 polo
shirts) or the equivalent reimbursed upon purchase by the employee not to exceed
$250. The Color and style of the uniform is at the discretion of the City. The
employee shall maintain the uniform.
Replacement uniforms may be purchased by the City or reimbursement provided to
the employee based upon the condition of the clothing. Replacement costs shall
not exceed $250 annually (July 1 - June 30).
B. Five (5) pairs of coveralls which are to be maintained by the City and replaced by
the City when not serviceable.
C. One (1) pair of safety boots (shoes) not to exceed an amount $ 150 (One Hundred
Fifty Dollars) annually -based upon the fiscal year. An employee, at the employee's
option, may use part of his/her $250 clothing allowance towards the purchase of
one or more pairs of safety boots. An employee may also use money not used on
safety boots (shoes) to purchase work clothes.
D. One (1) set of rain gear will be provided and maintained by the City.
E. One (1) heavyweight coat which is to be maintained by the employee and replaced
by the City when not serviceable. The quality of the coat shall be mutually agreed
to between the City and the LOMEA.
Lake Oswego Municipal Employees' Association (LOMEA) 1
Collective Bargaining Agreement
July 1, 2009 — June 30, 2012
F. One pair of insulated coveralls when requested which will be replaced at least
every three (3) years. Insulated coveralls shall be cleaned by the City.
G. When requested, the City shall provide up to four pair of heavy duty work gloves
per year.
H. Part-time employees shall be .)vided paragraphs #b,c,d and g.
Section 18.2. The City agrees to provide eml._oyees the following clothing as indicated below:
A. Engineering, Inspection Services, Code Enforcement Specialist, Facilities
Maintenance, and Landscape Architect employees required to work in inclement
weather shall be provided rain gear, heavyweight coats and safety or waterproof
boots and shoes as provided in Section 18.1 (C)(D)(E).
Section 18.3. All employees who are provided with uniforms or work clothing, as set forth
above, are required to wear these uniforms and work clothing and report to work with them being
clean and neat in appearance, unless this requirement is expressly waived by the employee's
supervisor.
Section 18.4. All clothing and uniforms provided in this article are considered City property and
shall be returned to the City upon termination.
ARTICLE 19 - INCENTIVE PAY
Section 19.1. The pay plan incorporated as part of this agreement is structured in such a manner
as to include compensation for educational and certification accomplishments as these skills are
related to the particular position. However, Mechanics shall receive a maximum of $5 (Five
Dollars) per month for each individual certificate issued by the National Institute for Automotive
Excellence for the successful completion of tests concerning automobile mechanics.
ARTICLE 20 - DISCIPLINE AND DISCHARGE
Section 20.1. Employees covered by this agreement shall not be disciplined or discharged except
for cause. For the purpose of this agreement, "discipline" shall be defined as actions that result in
a written reprimand, the suspension of an employee, the reduction of an employee's pay, the
demotion of an employee, or the discharge of an employee. Alleged violations of this article shall
be subject to the grievance procedure (Article 22) with the exception of the written reprimand
which can only be grieved as far as Step 3. The City shall furnish to the employee and the
Association a statement of disciplinary action taken and the reasons for such action.
This article shall not apply to any employee on initial probation. Initial probation means the first
six (6) months of employment. The initial probationary period may be extended up to six (6)
months with the mutual agreement of the City and the employee. The employee shall be notified
of any extension and the reasons therefore. During this period, an employee may be discharged at
the sole discretion of the City without reason or cause being shown and without recourse through
the grievance procedure.
An employee, who has been promoted into a bargaining unit position, shall serve a probationary
period of six (6) months. If an employee fails to satisfactorily complete probation as determined
by the City, he/she shall be returned to their former classification without reason or cause being
Lake Oswego Municipal Employees' Association (LOMEA) 22
Collective Bargaining Agreement
July 1, 2009 — June 30, 2012
shown and without recourse to the grievance procedure. A promoted probationary employee shall
not be discharged without just cause.
Disciplinary action shall be done in a manner which will not embarrass an employee before other
employees or the public.
ARTICLE 21 - SUBCONTRACTING
Section 21.1. The City shall have the exclusive right to subcontract work performed by
employees; however, prior to the effective date of pending layoff, the City shall:
A. Notify the Association 90 days prior to its decision to contract out any work
currently performed by bargaining unit members if the contracting of work results
in a layoff of a bargaining unit member(s). The Association shall be provided with
the City's rationale for contracting out the work including supporting economic
justification for the proposal. The Association shall have 60 days to submit a
counter -proposal for consideration by the City.
B. Give the affected employee(s) not less than six (6) months notice of possible layoff
unless only seasonal and part-time employees are affected in which case a
minimum of 3 months notice shall be given.
C. Following said notice, provide the employee with four (4) hours per month paid
leave upon employee's attendance at formal vocational rehabilitation activities.
Educational reimbursement may apply to cover the cost of such rehabilitation (see
Article 17). Total paid leave shall not exceed twenty-four (24) hours.
D. Attempt to relocate the employee to another position for which the employee is
qualified within the City service.
ARTICLE 22 - GRIEVANCE PROCEDURE
Section 22.1. It is the intention of the parties to this agreement that all disputes involving the
interpretation, application or violation of contract language between said parties be settled by their
submission to the grievance procedure as hereinafter provided.
Step 1. After first attempting to resolve the grievance informally, the Association, or any
employee with notice to the Association, shall claim a breach of this agreement in writing to the
employee's immediate supervisor within fifteen (15) days from the occurrence thereof or of the
employee's knowledge thereof. The notice shall include:
A. A statement of the grievance and relevant facts;
B. Provision of the agreement violated; and
C. Remedy sought.
The supervisor shall respond to the grievance in writing within ten (10) days.
Step 2. If, after ten (10) days from the date of submission of the grievance to the supervisor, the
grievance remains unadjusted, the grievance shall be submitted within ten (10) days to the
department head. The department head may meet with the aggrieved party, who may request
Lake Osweao Municipal Employees' Association (LOMEA) 2)3
Collective $argaining Agreement
July 1, 2009 —June 30, 2012
representation at the meeting. The department head shall respond to the grievance in writing
within ten (10) days.
Step 3. If, after ten (10) days from the date of submission of the grievance to the department head,
the grievance remains unadjusted, the grievance shall be submitted within ten (10) days to the
person designated by the City Manager. The City Manager's designated representative shall meet
with the aggrieved party and his/her personal representative; and--)llowing such meeting, shall
respond to the grievance in writing within ten (10) days. The m . cing at this Step 3 shall take
place prior to the written response required hereunder.
Step 4. If the grievance isnot resolved within ten (10) days from submission of the grievance to
the City Manager's designee, it shall be submitted within ten (10) days to an arbitrator. The
arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree as to the
arbitrator within ten (10) days, the arbitrator shall be chosen in the following manner:
A. A list of five arbitrators from the States of Oregon and Washington shall be
requested from the Employment Relations Board. The parties shall alternately
strike one name from the list until only one is left. (The party designated to strike
the first name will be determined by the flip of a coin.) The remaining name shall
be the arbitrator. One day will be allowed to complete the striking of names.
B. The arbitrator shall render a decision within thirty (30) days from the close of the
hearing. The decision of the arbitrator shall be binding on both parties.
C. The cost of the arbitrator shall be borne equally by the parties. Each party shall be
responsible for costs of presenting its own case to arbitration.
D. The powers of the arbitrator shall be limited to the interpretation and application of
the specific provisions of this agreement and determining if it has been violated;
and shall have no authority or jurisdiction to add to, amend, modify or revise the
agreement of the parties.
E. The Association agrees that contract violation grievances shall be pursued either
through the grievance procedure or as an unfair labor practice, but not both.
Any time limits specified in the grievances procedure may be waived by mutual consent of the
parties. Failure of an employee to submit the grievance in accordance with these time limits
without such waiver shall constitute abandonment of the grievance. Failure by the City to submit
a reply within the specified time will automatically move the matter to the next step in this
procedure.
A grievance may be terminated at any time upon receipt of a signed statement from the
Association or the employee that the matter has been resolved.
For purposes of this article, "days" shall mean Monday through Friday, during normal, City
business hours.
ARTICLE 23 - PERSONNEL FILE
Section 23.1. Each employee shall have the right, upon request, to review and obtain, at his/her
own expense, copies of the contents of his/her personnel file, exclusive of materials received prior
to the date of his/her employment by the City. There shall be only one personnel file and it shall
be maintained by the City Manager or his/her designee.
Lake Oswego Municipal Employees' Association (LOMEA) 24
Collective 1argaining Agreement
July 1, 2009 —June 30. 2012
Section 23.2. When an item is placed in an employee's personnel file, the City shall at that time
Provide a copy of the item to the employee. An employee may respond to any item placed in
his/her personnel file and the employee's response shall become a part of said file. All formal
disciplinary actions shall be recorded in the employee's personnel file.
Section 23.3. All employment inquiri;:: from prospective employers of current employees shall
be referred to the Human Resources 1:-_>>artment for a response unless otherwise requested by the
employee.
Section 23.4. A written reprimand, shall be considered to have been expunged at the end of
eighteen (18) months from the time the written reprimand was dated, provided there is no
subsequent related reprimand or disciplinary action taken during the intervening period of time.
Documents related to violation of the Drug and Alcohol Policy shall be retained for twenty-four
(24) months but shall be considered to have been expunged after twenty-four (24) months absent a
further violation. All other disciplinary documents, upon the request of the employee, shall be
expunged from the employee's personnel file at the end of three (3) years from the date of the
disciplinary action, provided no other disciplinary action has been taken; in which case, the
documents shall be considered to have been expunged three (3) years from the most recent
disciplinary action.
Section 23.5. Documents expunged pursuant to Section 23.4, shall be sealed in an envelope and
not physically destroyed to comply with the Oregon Public Records Law. Such documents will be
maintained by the Human Resources Department and shall be kept in the office of the City
Attorney. Such documents will not be used against an employee for the purpose of progressive
discipline, but may be used in any civil proceedings.
The City may also use such documents in arbitration proceedings only if the union uses the
argument that the City failed to be consistent in its disciplinary actions, lax enforcement of rules,
make the employee aware of the policy or standard in question, or if the City discriminated against
the employee. The City may also use such documents to show compliance with legal obligations if
the union claims non-compliance with a legal obligation.
The Association will have equal access, upon request, to these files for the same purposes.
Section 23.6. Where a performance evaluation contains direct references to disciplinary actions
which have been expunged, pursuant to Section 23.4, such references shall be removed, at the
same time intervals, from the evaluation upon request of the employee provided that the employee
has the evaluation retyped at his/her own expense. The original evaluation shall be sealed and
maintained as provided in Section 23.5.
Section 23.7. Any materials maintained by a supervisor or manager regarding an employee shall
be dated and may be viewed by an employee at his/her request.
ARTICLE 24 - TRAINING
Section 24.1. Employees required to participate in any training during off-duty hours shall be
compensated at the overtime rate for time spent in training, including commuting. When an
employee is required to participate in training, hours spent shall be considered hours worked.
Commuting time shall also be considered hours worked, pursuant to the FLSA.
Lake Oswego Municipal Employees' Association (LOMEA) 25
Collective Bargaining Agreement
July 1, 2009 — June 30, 2012
ARTICLE 25 - MEAL ALLOWANCE
Section 25.1. Any employee required to work unexpectedly (less than 24 hours notice) for four
(4) hours or more beyond the employee's regular shift for a 5/8 shift or two (2) or more hours for a
4/10 shift, shall be provided a meal at the expense of the City, or at the option of the City shall be
reimbursed up to Fifteen Dollars ($15.00) for the actual cost of the meal. If an employee works a
flexible schedule, the employee shall provide his/her own meal.
ARTICLE 26 — LABOR-MANAGEMENT COMMITTEES
Section 26.1. The City and the Association agree that labor-management committees, are an
important way of sharing information and resolving issues of mutual concern. The City and the
Association agree to continue the Employee Benefits Committee which, in addition to its current
concerns, will consider the purchase of health care plans which provide coverage for alternative
health care modalities. At the request of either the City or the Association, the City and
Association may form labor-management committees to consider changes, including but not
limited to changes in City policy, work site safety issues, the implementation of salary studies, and
other issues of importance to the City and the Association. Each labor-management committee
will be established and meet as reasonably necessary to share and resolve issues of mutual concern
in a collaborative manner.
ARTICLE 27 - ANNUAL PERFORMANCE EVALUATIONS
Section 27.1. Each employee shall receive an annual performance evaluation during the month of
his/her anniversary date. The evaluation shall cover the preceding twelve month period. If an
employee does not receive an annual performance evaluation, the employee's performance during
that year will be considered to be satisfactory.
ARTICLE 28 - WORKING OUT OF CLASSIFICATION
Section 28.1. Employees assigned in writing by the Department Director or his or her designee(s)
to perform the duties of a higher paid position shall be paid for all such work at a higher rate. The
higher rate shall be a minimum of five percent (5%) of the employee's base salary or any step on
the range of the classification to which temporarily assigned which gives a minimum of five
percent (5%) but no more than a maximum of seven percent (7%).
Section 28.2 Acting in Capacity: Employees assigned in writing by the Department Director or
his or her designee(s) to perform the duties of a higher paid "manager/supervisory" position, in the
manager/supervisor's absence, shall be compensated at the first step in the range of the appointed
position or 10% above their current salary whichever is greater.
ARTICLE 29 - ASSOCIATION REPRESENTATION
Section 29.1. The Association agrees that its members will not solicit membership in the
Association, or otherwise carry on Association activities or business during working hours, except
as specifically provided in this agreement.
Lake Oswego Municipal Employees' Association (LOMEA) 26
Collective Bargaining Agreement
July 1, 2009 — June 30, 2012
The Association may identify seven (7) employees who may spend working time in negotiations
with the City during the period of contract renewal for the purpose of negotiating the contract.
The employee shall notify his/her supervisor prior to the expenditure of such time.
The City shall provide adequate space on one bulletin board in each work location for the posting
of Association notices. Such notices shall be of a nonpolitical and non-inflammatory nature.
The Association shall be entitled to five (5) shop steward, at any given time. Processing of
grievances including a reasonable period of time to do an Investigation shall be on duty.
ARTICLE 30 - FILLING OF VACANCIES
Section 30.1. The City agrees to post vacancies on the Association bulletin board in each
building and announce by e-mail where practical all regular full-time and part-time positions,
except department directors, International Association of Fire Fighters and Lake Oswego Police
Officer Association positions.
Vacancies will be posted for a minimum of ten (10) working days prior to the closing of
applications. Bargaining unit members who apply and meet the minimum qualifications for job
vacancies shall receive an interview for the position. Bargaining unit members who received an
interview but were not selected for the vacancy will be given the opportunity to discuss how they
can become a stronger candidate.
Additional exceptions include personnel change actions as listed in Appendix B.
ARTICLE 31- SEASONAL EMPLOYEES GENERALLY
Section 31.1. Seasonal employees will complete trial service after having served six full calendar
months.
Section 31.2. A regular status seasonal employee shall be eligible for a salary increase upon
returning to the city in the same classification for the next season, up to and including step 6.
Section 31.3. A seasonal employee shall be given notice at the time of hire of the length of the
season and the anticipated end of the season. A seasonal employee shall be given at least ten
calendar days advance notice of the end of the season, except when conditions are beyond the
control of the City.
Section 31.4. Seasonal employees shall accrue all rights and benefits accrued by full-time
employees during their employment season, except as otherwise modified by this Agreement.
Section 31.5. Seasonal employees shall be laid off prior to the end of the season in the inverse
order of seniority (least senior laid off first). At the completion of a season, all seasonal
employees shall be terminated without regard to seniority. However, any extensions of the season
shall be offered to employees based on seniority (most senior first). Regular status seasonal
employees terminated at the end of the season shall be placed on the reemployment list in order of
seniority and shall be recalled the following season in order of seniority (most senior first) to the
extent that work is available to be performed.
Section 31.6. All other provisions of this Agreement not specifically modified above shall apply
to seasonal employees.
Lake Oswego Municipal Employees' Association (LOMEA) 27
Collective Bargaining Agreement
July 1, 2009 — June 30, 2012
ARTICLE 32 - EMPLOYEE RECOGNITION
Section 32.1. In appreciation for the service provided by long-term employees, the City shall
present service pins to those employees who have been employed by the City at intervals of five
(5), ten (10), fifteen (15) and twenty (20) year. The presentation of these pins shall be by the
Department Director.
ARTICLE 33 - SAVINGS CLAUSE
Section 33.1. The provisions of this agreement are declared to be severable. If any section,
subsection, sentence, clause or phrase of this agreement shall for any reason be held to be invalid
or unconstitutional, the validity of the provisions of this agreement shall remain in effect, it being
the intent of the parties that this agreement shall stand, notwithstanding the invalidity of any part.
ARTICLE 34 - FUNDING CLAUSE
Section 34.1. The City agrees to budget all monies necessary to fund this agreement. However,
in the event the City is unable to fund the economic requirements of this agreement due to voter
disapproval and/or legislative changes, the parties agree to reopen negotiations.
ARTICLE 35 - AMENDMENT AND CLOSURE CLAUSE
Section 35.1. This agreement is subject to amendment, alteration or addition only by subsequent
written agreement between and executed by the City and the Association where mutually
agreeable.
ARTICLE 36 - TERM OF AGREEMENT
Section 36.1. This agreement shall be effective the first (1st) day of July 2009 and shall remain in
full force and effect until June 30, 2012.
Section 36.2. This agreement shall automatically reopen on February 1, 2012 for negotiation of a
successor agreement. If negotiations of a successor agreement are not concluded by July 1, 2012,
the parties may avail themselves of the dispute resolution process as provided in ORS 243.712-
732.
Lake Oswego Municipal Employees' Association (LOMEA) 28
Collective Bargaining Agreement
July 1, 2009 lune 30, 2012
IN WITNESS THEREOF, said parties to this agreement have set their hands and seals this 5th day of
January, 2010.
CITY OF LAKE OSWEGO
By:
Alex McIntyre
City Manager
Lake Oswego Municipal Employees' Association (LOMEA)
Collective No
Agreement
July 1, 2009 — June 30, 2012
LAKE OSWEGO MUNICIPAL
EMPLOYEES' ASSOCIATION
Teresa O'Hallo, an
President
By:
Julie Hollister
Barb Dillinger
By:
Debbie Russell
By:
Bob Burgeson
By:
Scott Symer
By:
Pam Peterson
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APPENDIX C
Holiday — Pay/Compensatory Time Schedule
Employee
Designated Holid,: , on Employee's
Designated Holiday Not on
Status
Wog :oday
Employee's Workday
Holiday Not Workeu
Holiday
Holiday Not
Holiday
Worked
Worked
Worked
8 Hours
Full-time
8 hours pay + 2
8 hours
Compensatory
&
8 hours pay
times regular pay
Compensatory
Time at straight
Seasonal
for actual hours
Time at straight
time rate + 2
worked
time rate
times regular pay
for actual hours
worked
Part -Time
Pay equal to hours
Pay equal to
Compensatory
Pay equal to
Employees
scheduled to work that
hours scheduled
Time at straight
hours worked
day or pay
to work that day
time rate
that day +
proportional to total
+ Pay for actual
proportional to
Either:
weekly scheduled
hours worked
scheduled hours
a)Compensatory
hours, whichever is
Time equal to
greater
the number of
hours worked, or
b) Compensatory
time at straight
time rate
proportional to
total weekly
hours, whichever
is greater.
Lake Oswego Municipal Employees' Association (LOMEA) 40
Collective Bargaining Agreement
July 1, 2009 — June 30, 2012
APPENDIX D — ALCOHOL AND DRUG TESTING
City of Lake Oswego
Alcohol and D. -ug Testing
POLICY
The City of Lake Oswego, is committed to providing a workplace
where employees and the general public can safely conduct
STATEMENT
business. To ensure these standards, the City will not tolerate
employees reporting to work with their ability to perform impaired
by Llcohol, illegal drugs, or inappropriately used prescription or
over-the-counter drugs.
GUIDELINES
This Policy applies to all LOMEA represented employees.
Applicability
Employees in safety -sensitive (Department of Transportation
[DOT] and Non -DOT) positions must comply with this policy,
and the stricter standards incorporated in this policy. (See
Attachment A for criteria and list of employees in safety -sensitive
positions.)
Except as defined in the "Exceptions for Moderate
Prohibited Conduct
Consumption" section of this Policy, the following conduct is
prohibited:
(a) Consuming alcohol or using drugs' (except pursuant
to a lawful prescription issued to the employee) while
"on duty" (defined to include breaks or meal
periods), operating City vehicles or using City
equipment;
(b) Buying, selling, manufacturing, distributing,
dispensing or possessing illegal drugs while or. duty
and/or on City property;2
`Drugs' for purposes of this Policy includes all forms of narcotics, depressants, stimulants, hallucinogens, opiates,
phencyclidine (PCP), cocaine and cannabis, or any other drug whose sale, purchase, transfer, use or possession is
prohibited by law. See Attachment B for prohibited drug testing levels.
z `City property' includes all property rented, leased owned or controlled by the City, including parking lots and
adjacent areas. It also extends to City equipment and vehicles on or off City property.
Lake Oswego Municipal Employees' Association (LOMEA) 41
Collective Bargaining Agreement
July 1, 2009 —1une 30, 2012
(c) Reporting for work or being on duty with a
prohibited level of alcohol or drugs present in the
employee's body;3
(d) Refusing to submit to a required drug or alcohol testa;
providing an invalid specimen, interfering with any
testing procedures; or tampering with any test sample
or otherwise failing to comply with rehabilitation
conditions or other restriction imposed by an SAP
consistent with this Policy;
(e) Consuming alcohol within 4 hours prior to
performing job duties that require a commercial
drivers' license (CDL)5
(f) Consuming alcohol within 8 hours following a
moving violation in connection with an injury or
tow -away accident involving an employee with a
commercial drivers license, or until the CDL -
employee undergoes a post -accident test (whichever
is first);
(g) Buying, selling, distributing or possessing alcohol
while on the job or on City property, except as
permitted under the "Exceptions for Moderate
Consumption and Gift Giving" section of this Policy.
An employee will be found in violation of this policy if, upon
testing, the employee has levels of prohibited substances in
the employee's system that exceed the levels set forth in the
'Employees in non -safety -sensitive positions are prohibited from having an alcohol concentration of 0.08 or greater
as indicated by an evidential breath test, and/or the employee tests positive for having drugs present in his/her body.
Employees in safety -sensitive positions are prohibited from having an alcohol concentration of 0.04 or greater,
and/or the employee tests positive for having drugs present in his/her body.
in the event an employee is called to report for unscheduled work without at least 8 hours advance notice and the
employee has alcohol in his/her system in an amount that he/she feels may violate this section of the Policy, the
employee may disclose that he/she is unable to report for the unscheduled work for that reason. Employees who
make this disclosure will be excused from reporting for work.
4 This applies to all employees. A safety -sensitive employee who refuses to test will be treated as if he/she had a
breath alcohol concentration of 0.04 and/or tested positive for drugs.
5 Commercial driver's license (CDL) means a license issued by a State or other jurisdiction, in accordance with the
standards contained in 49 CFR Part 383, to an individual which authorizes the individual to operate a class of
commercial motor vehicle (49 CFR 383.5) Commercially licensed drivers are considered to be performing their
safety -sensitive duties when they are: waiting to be dispatched; inspecting, servicing or conditioning any
commercial motor vehicle; at the driving controls of a commercial motor vehicle in operation; in a commercial
motor vehicle, except when resting in a sleeper berth; loading or unloading, assisting or supervising in loading or
unloading or attending the loading or unloading of a commercial motor vehicle; repairing or obtaining assistance for,
or remaining in attendance upon a disabled vehicle.
Lake Oswego Municipal Employees' Association (LOMEA) 42
Collective Bargaining Agreement
July 1, 2009 —June 30, 2012
Lake Oswego Municipal Employees' Association (LOMEA) 43
Collective Bargaining Agreement
July 1, 2009 —June 30, 2012
Prohibited Conduct section of this Policy.
The City will apply this Policy in accordance with the
Department of Transportation and applicable law, including
the State medical marijuana law, as integrated with State
disability discrimination law, and the Americans with
Disabilities Act.
Employees must notify the employer in writing of being
Notification of
convicted for a violation of a criminal drug statute occurring
Convictions
in the workplace not later than five (5) ca:endar days after
such conviction.
Disclosure of
It is not the intention of this Policy to prohibit the appropriate
use of legally prescribed or authorized drugs or non -
Medications
prescription medications. However, employees using
prescribed drugs or authorized medical marijuana or non-
prescription medications that have side effects that could
affect their ability to safely perform job duties must notify
their supervisor or Human Resources of the substance taken
and their side effects before reporting to work. Medical
verification of the ability to safely perform job duties may be
required before the employee is allowed to continue his/her
work assignment. Marijuana is a federally controlled
substance; employees in DOT safety -sensitive positions are
not permitted to use it under any circumstance.
The City provides for disciplinary action, up to and including
Consequences of
discharge. Violations of this policy will be evaluated on a case -
Prohibited Conduct
bv-case basis under the following parameters:
"
(1) For violation of paragraphs (a), (b) & (d) above: discipline up
to and including termination unless the City decides extenuating
circumstances warrant some lesser form of discipline.
(2) For violation of paragraphs (c), (g) above: for a first
violation, the employee shall be referred to a Substance Abuse
Professional (SAP) to evaluate the employee, and the employee
shall complete treatment. The SAP determines if the employee
has successfully complied with the recommendt,d treatment. The
employee shall have a written reprimand placed in his/her file
with a notation that any further violations of the policy may result
in his/her immediate discharge. The written reprimand for
violations of this policy shall be retained in the employee's
personnel file for twenty four (24) months.
(3) For violation of paragraphs (e) & (f) above: the employee
shall comply with the requirements in this policy regarding safety
sensitive positions.
Lake Oswego Municipal Employees' Association (LOMEA) 43
Collective Bargaining Agreement
July 1, 2009 —June 30, 2012
Exceptions for Moderate
Consumption for
Employees 21 of Age or
Older
In determining the appropriate sanction or corrective action,
the City shall consider an individual's work record, the
seriousness of the violation, the safety -sensitivity of the
individual's position, whether the individual's behavior violated
any other City policy, whether a sanction or correctiv-- action is
permissible under law (such as the Americans with Disabilities
Act) and any other relevant factors.
In addition, employees in safety -sensitive positions with alcohol
test results between 0.02 and 0.039 cannot be returned to their
safety -sensitive job duties until at least 24 hours have elapsed
from the time of their testing.
At the time an employee is tested, the employee shall be
informed that the employee shall have the right to representation
at the time the test results are shared with the employee and at
any subsequent interviews regarding violations of the policy. An
employee shall also be told of his/her right to representation at
the time test results are shared with the employee and told again
at any subsequent interviews regarding violations of the policy.
Employees in safety -sensitive positions who test positive for
controlled substances, or have confirmed alcohol test result of
0.04 or above cannot return to their safety -sensitive job duties
until:
A Substance Abuse Professional (SAP) evaluates the
employee, and employee seeks treatment;
• The SAP determines the employee has successfully complied
with the recommended treatment;
• The employee passes a return to duty test with an alcohol
concentration below 0.02 and/or a negative drug test result.
Alcohol may be consumed in moderation at City sponsored
events and professional functions (including receptions or
dinners); at business entertainment meetings held during business
hours; or at municipal locations where service of alcoliol has
been approved in advance by the City Council. In addition, it
will not be considered a violation of this Policy for an employee
to be in possession'of unopened alcoholic beverages on the job.
(See also the City's Ethics Policy.)
Moderate alcohol consumption must not violate any other
provisions of this policy, including remaining professional and fit
for duty.
If there is a possibility that employees' consumption of alcohol
Lake Oswego Municipal Employees' Association (LOMEA) �q
Collective Bargaining Agreement
July 1, 2009 — June 30, 2012
Types of Tests
will render them in violation of laws regulating the operation of
motor vehicles, the employees are prohibited from driving City
vehicles or City -rented vehicles following such meetings or
events.
Pre-Employme:;; and Pre -Placement
Applicants whr are offered employment in a safety -sensitive
position will be tested for drug use as a condition of employment.
Additionally, employees in safety -sensitive positions returning
from layoff or seasonal employment will also be required to test
for drugs prior to assuming their job duties.
Employment is contingent upon receipt of a verified negative test
result from the City's authorized Medical Review Officer
(MRO). To ensure validity, the City requires prompt recollection
for negative dilute pre-employment tests.
Reasonable Suspicion
Any employee of the City may be required to undergo testing for
`reasonable suspicion'.
`Reasonable suspicion' is defined as cause based on specific and
articulated observations concerning the appearance, unusual
behavior, speech, breath odor, body symptoms or other reliable
indicators that an employee has reported to work or returned to
duty with alcohol or drugs present in his/her body. Whenever
practicable, the decision to test for `reasonable suspicion' will be
made by the employee's supervisor and confirmed by another
supervisory or management employee.
To ensure validity, the City requires prompt re -collection for
negative dilute reasonable suspicion tests.
Random
Employees in safety -sensitive positions that require a commercial
driver's license will be tested for alcohol and illegal drugs on an
unannounced, random basis reasonably spread throughout the
year. Employees selected must proceed immediately to the
resting site upon notification. _
Alcohol testing will be limited to time periods just before, during
)r just after performance of safety -sensitive duties as defined by
he DOT.
Zeturn to Duty
Lake Oswego Municipal Employees' Association (LOMEA)
Collective Bargaining Agreement
July 1, 2009 —5une 30, 2012
45
Transportation to Test
Employees in safety -sensitive positions who violated the City's
Alcohol and Drug Policy and tested positive for controlled
substances, or had an alcohol test result of 0.04 or greater must
pass a return to duty test with an alcohol test result below 0.02
and/or a negative drug test result.
Follow-up
Conducted when an employee in a safety -sensitive position has
engaged in prohibited conduct regarding alcohol or drug misuse,
these tests are performed after the employee has been evaluated
by a Substance Abuse Professional, and has followed the
recommended treatment plan. The employee, upon returning to
duty, will be subject to a minimum of six unannounced follow-up
tests over the first 12 months following the employee's return to
work.
The actual number and frequency of the tests are to be
determined by the Substance Abuse Professional. Moreover, the
City may require follow-up testing under its own authority, under
certain circumstances.
Post Accident
Both drug and alcohol testing will be performed following any
on-the-job accident involving a fatality, or vehicular accident in
which the driver in a safety -sensitive position receives a citation
under state or local law for a moving violation arising from the
accident AND there is an injury treated away from the scene OR
a vehicle that must be towed away from the scene.
Employees will be required to undergo testing for alcohol as soon
as possible after the accident. Post -accident alcohol testing should
take place within two hours of the accident, but no later than 8
hours after the accident. Employees will be required to undergo
testing for drugs as soon as possible after the accident, but in no
case later than 32 hours after the incident. An employee who is
subject to post -accident testing is required to remain readily
available for testing.
Rehabilitation and Treatment
Employees who undergo rehabilitation in lieu of discharge or
other disciplinary action are required to test pursuant to a
Rehabilitation and Return to Work Agreement imposed by the
City (see Attachment C).
Employees who are required to submit to either reasonable
suspicion or post -accident testing are prohibited from
transporting themselves to or from the collection site. A
Lake Oswego Municipal Employees' Association (LOMEA) 46
Collective Bargaining Agreement
July 1, 2009 — June 30, 2012
management or supervisory employee will transport the
Site employee.
The time an employee spends traveling to and from the collection
site, as well as time spent in testing and waiting for testing will be
treated as "hours worked" for pay purposes except for split
sample testing requested by the e.-r)loyee.
All testing will be conducted at a laboratory certified by the
Testing Safeguards Department of Health and Human Services (DHHS) in
accordance with the standards disseminated by the US
Department of Transportation (DOT) (49 CFR Part 40). All drug
tests will be conducted through collection of a split sample.
Urine specimens less than 45 mL in volume will be discarded by
the collection facility. In such cases, the employee will be
advised to drink up to forty (40) ounces of fluids and will have up
to three hours to produce a urine sample of adequate volume.
Employees who do not provide a urine specimen of adequate
volume within three hours will be referred to a physician to
determine whether there was a legitimate medical explanation for
the apparent inability to provide a specimen or the incident
constitutes a refusal to test.
If a urine specimen shows a temperature outside the acceptable
range (colder than 90 degrees or warmer than 100 degrees) or
appears to have been adulterated, the collection facility will make
a note on the custody and control form and notify the employee
that he/she will need to provide a second urine specimen. Any
employee being instructed to provide a second urine specimen
must remain at the collection facility until a new urine specimen
is provided or the incident will be considered a refusal to test.
All positive drug tests will be confirmed by a second confirming
test from the same sample using gas chromatography/mass
spectrometry (GC/MS) testing methodology before the test result
is reported as positive to the MRO. Individuals with positive tests
will have an opportunity to discuss the results with the MRO
before the result is reported to the City.
Drug and alcohol test results will be reported to the Human
Resources Department and the Department Director. The City
will disseminate test results on a need -to -know basis.
Any employee who tests positive for drugs may request a test of
the remaining portion of the split sample within 72 hours of
notification of a positive test result. CDL drivers must direct
requests to the MRO. All other requests for tests must be made to
the Human Resources Department. The cost of split samplc
Lake Oswego Municipal Employees' Association (LOMEA) 47
Collective Bargaining Agreement
July 1, 2009 —June 30.2012
retesting will be borne by the employee. In the event the split test
is negative, the employee shall be reimbursed for the cost of the
split test.
To ensure this policy is applied consistently, the Human
Administration of ResoL ;s Department will be responsible for the coordination
and a, inistration of the Alcohol aAd Drug Testing Program.
Testing It will trve as a liaison with the collection facility, the
laboratory, and the Substance Abuse Professionals, with support
of the City's third -party administrator. Moreover, it will advise
employees who have engaged in prohibited conduct of the
resources available for evaluating and resolving the problems.
associated with the violations.
All medical information including drug or alcohol test results or
Confidentiality treatment procedures will be treated as confidential medical
information and will be accessible only to those designated
personnel with a specific need to know.
The City attempts to provide employees the opportunity to deal
Rehabilitation Options with drug and alcohol related problems. Any employee who
voluntarily requests assistance in dealing with a drug and/or
alcohol problem is encouraged to seek professional counseling
for an assessment with an licensed or certified alcohol and drug
professional.
Professional counseling and treatment programs for drug and/or
alcohol problems may be available through City -provided health
insurance or the City's Employee Assistance Program (EAP).
Any cost not covered by the health insurance or the EAP is the
employee's responsibility.
Before Committing a Policy Violation
When an employee voluntarily reports a drug or alcohol
dependency to his/her supervisor, Department Director or HR
Director and seeks assistance before violating this Policy, that
employee will be placed on a leave of absence or adjusted
working hours as recommended by a Substance Abuse
Professional (SAP) to allow for in-patient or out-patient
rehabilitation.
Employees in safety -sensitive positions who voluntarily inform
the City prior to a Policy violation or testing requirement that
they have a drug or alcohol-related problem will be removed
from their duties to allow for rehabilitation and treatment. The
employee will not be permitted to return to their regular duties
until such time as the authorized Substance Abuse Professional
Lake Oswego Municipal Employees' Association (LOMEA) 48
Collective Bargaining Agreement
July 1, 2009 —June 30, 2012
(SAP) provides the City with appropriate return -to -duty
documentation.
Employees may not self -refer for treatment or rehabilitation
services in lieu of taking required tests.
After Committing a Policy Violation
Employees who claim drug or alcohol dependencies a`,.. --r
violating this Policy are subject to discipline consistent with tills
policy, irrespective of such dependencies.
The City may, however, at its discretion, allow an employee to
undergo evaluation and rehabilitation in lieu of discharge, or
other disciplinary action provided the employee agrees to all
treatment, rehabilitation, testing and other conditions as set forth
in a written Rehabilitation and Return to Work Agreement
required by the City (see Attachment C). Any employee who
violates the terms of the Agreement is subject to immediate
termination.
An employee may be required to participate in a drug and/or
alcohol treatment program and follow-up care because of
disciplinary action arising from a drug and/or alcohol problem, or
as a condition of continued employment. A Substance Abuse
Professional (SAP) must first evaluate an employee who is so
required and determine any necessary assistance.
The City will be responsible for payment of all alcohol and drug
Cost of Testing tests required by the City. If an employee requests a split
specimen test or decides to undergo a split test or any other test
not required by the City, the employee will be responsible for the
cost of the test. If the split test is negative, the employee shall be
reimbursed for the cost of the split test.
The City may deduct payment for these tests from the employee's
wages upon receipt of a written consent to deduct the cost of the
test from the employee. Employees who do not provide written
authorization must pay for the test directly.
Appropriate Workplace Conduct
Related Policies Corrective Action
Family and Medical Leave
Leaves of Absence (Other)
Employee Benefits
Lake Oswego Municipal Employees' Association (LOMEA) 49
Collective Bargaining Agreement
July 1, 2009—June 30, 2012
Approved by:
City Manager
HIR Director
Lake Oswego Municipal Employees' Association (LOMEA) 50
Collective Bargaining Agreement
July 1, 2009—lune 30, 2012
ATTACHMENT A
SAFETY SENSITIVE POSITIONS
Safety -sensitive positions are those in which there is a higher chance of injury to the employee, his/her
co-workers, and/or the public than in other City jobs. Safety -sensitive positions may or may not be
covered under the DOT cgulations.
DOT safety -sensitive positions represented by the LOMEA include the following job classifications
when a commercial driver's license is required:
• Utility workers
• Senior utility workers
• Crew leaders
Is Mechanics
Non -DOT safety sensitive positions represented by LOMEA include the following positions:
• Water Plant Operator I
• Water Plant Operator II
• Water Plant Operator III
• Code Enforcement Specialist
• Construction Inspector
• Engineering Technician I
• Engineering Technician II
• Engineering Technician III
• Water Conservation Specialist
• Inspector I
• Inspector Il
• Inspector III
• Assistant Utility Worker
• Mechanics
• Planning Aide
• Planning Technician
• Assistant Planner
• Associate Planner
Lake Oswe?o Municipal Employees' Association (LOMEA) 51
Collective Bargaining Agreement
July 1, 2009 lune 30, 2012
ATTACHMENT B
DRUG TESTING LEVELS
The following initial cutoff levels shall be used when screening specir is to determine whether .
they are negative for these five drugs or classes of drugs required for L. -_)T testing:
Initial Test Level
nQ/ml
Marijuana metabolites
100
Cocaine metabolites
300
Opiate metabolites
300
Phencyclidine (PCP)
25
Amphetamines
1000
All specimens identified as positive on the initial test shall be confirmed using gas
chromatography/mass spectrometry (GC/MS) quantitative analysis at the cutoff values listed in
this paragraph for each drug.
Confirmatory Test
Level (ng/ml)
Marijuana metabolite 15
Cocaine metabolite 150
Opiates: Morphine 300
Codeine 300
Phencyclidine (PCP) 25
Amphetamine 500
Methamphetamine 500
These levels are intended to be consistent with DOT standards.
Lake Oswego Municipal Employees' Association (LOMEA) 52
Collective Bargaining Agreement
July 1, 2009 —June 30, 2012
ATTACHMENT C
REHABILITATION AND RETURN TO WORK AGREEMENT
1, [print narn,,.mj understand that in lieu of discharge I am being
allowed to continue in the employment of the City of Lake Oswego, subject to the following
requirements:
I agree to be evaluated by a qualified alcohol/substance abuse counselor, if necessary, and
further agree to immediately enroll in and complete an inpatient or outpatient rehabilitation
program as recommended by the counselor and approved by the City.
If inpatient treatment is recommended and approved, I will be placed on a leave of absence.
During the period of my leave, I will be eligible to receive sick leave benefits, as allowed
under the collective bargaining agreement. In the event, I do not have sufficient sick leave
benefits to cover the period of my leave, I may request payment of vacation pay. In the
event I do not apply for vacation benefits or have insufficient vacation benefits to cover the
period of my leave, I will be on unpaid leave of absence for the duration of my leave. If
outpatient treatment is approved, I will notify my supervisor of my treatment schedule and
remain available for work assignments upon request.
2. I agree to comply with and complete all conditions of treatment and any after-care or
follow-up counseling recommended by my rehabilitation counselor(s).
The City has my permission to commutLicate with my physician(s) and counselor(s)
regarding my enrollment, progress and completion of rehabilitation recommendations. The
City also has my permission to verify my attendance at meetings and compliance with all
treatment, after-care and follow-up recommendations, including but not limited to testing
commitments.
4. I agree to immediately notify Human Resources after I have completed my treatment
program.
[ ) NON -DOT EMPLOYEES - I understand that I will be subject to suspicionless
testing for alcohol and drugs for a period of 24 months following the date of my signature.
A positive test result or refusal to fully and immediately cooperate with a testing request
may result in my immediate termination.
[ j DOT EMPLOYEES — I understand that I will be subject to suspicionless testing a
minimum of 6 times within the first 12 -month period after I sign this Agreement and may
continue up to a maximum of 60 -months, based on the SAP'S recommendations.
Lake Oswego Municipal Employees' Association (LOMEA) 53
Collective Bargaining Agreement
July 1, 2009 —June 30, 2012
6. I understand that this Agreement constitutes a final warning, that my return to work and
continued employment are contingent upon my compliance with all of the above terms. If I
violate this Agreement or commit any subsequent violation of the City's Alcohol and Drug
Policy within 24 months, I will be subject to further discipline up to and including discharge
in accordance with the Policy.
7. Should p :rsonal problems arise tha,' may have an effect on my ability to remain in
compliaiace with the City's Alcohol and Drug Policy and/or this Agreement, I under Land
that the City's Employee Assistance Program is available to assist me.
I agree to comply with the City's Alcohol and Drug Policy and specifically agree to refrain
from the use of alcohol and/or drugs consistent with my rehabilitation program.
I understand that if I violate anything in this Agreement or commit any subsequent violation of the
City's Alcohol and Drug Policy, within 24 months, I will be subject to further discipline up to and
including discharge in accordance with the Policy.
Employee's Signature
City Representative
Le Oswego Oswo Municipal Employees' Association (LOMEA)
Collective 1argaining Agreement
July 1, 2009 —June 30, 2012
Date
Date
54
`, fi OE LAKE OskfCO
CITY OF LAKE OSWEGO
COUNCIL REPORT
OREGON
TO: Jack D. Hoffman, Mayor
Members of the City Council
Alex D. McIntyre, City Manager
FROM: Robyn Christie, City Recorder
SUBJECT: Approval of Minutes
DATE: December 29. 2009
Action
Approve minutes as written.
ATTACHMENTS
1. October 26, 2009, Special Meeting
2. October 27, 2009, Special Meeting
Sustaina' ' has been considered as part of this recommendatio
4
Alex D.`
City Ma
q6z
LAKE OiWfCO
CITY COUNCIL SPECIAL MEETING
MINUTES
October 26, 2009
oK[coN
Mayor Jack Hoffman called the special City Council meeting to order at 6:00p.m. on October
26, 2009, in the West End Building, Willamette Room, 4101 Kruse Way.
Present: Mayor Hoffman, Councilors Jordan, Hennagin (left 6:52), Moncrieff, Olson,
Tierney, and Johnson.
Staff Present: Alex McIntyre, City Manager; David Powell, City Attorney; Robyn Christie,
City Recorder; Susan Millhauser, Sustainability Planner
3. STUDY SESSION
3.1 Historic Resources Advisory Board
Board members present: Chair Jeanne McGuire, Vice Chair Marylou Colver, Joanne Naylor,
Kasey Holwerda, Craig Foster, and Whitney Tolar, Youth Member.
Chair McGuire mentioned the subcommittee that put together the PowerPoint presentation on the
Oswego Iron Heritage Trail: Craig Foster, Jo and Tom Naylor, Susanna Kuo, and Tia Ross. She
directed the Council to their goals relating to the Iron Heritage Trail and other ongoing programs
(pp. 1-6).
Mr. Foster gave the PowerPoint presentation on the Oswego Iron Heritage Trail (pp.7-39). He
presented the Board's request that the Council, as part of the 2010 Centennial celebration,
establish an Oswego Iron Heritage Trail that would link together the iron history sites in the city,
including the only surviving 191h century iron furnace west of the Rockies (p.11). He noted that all
the sites were on public property with paths and walking trails already in place. He asked the
Council to provide interpretative signage at the four key sites that did not yet have signage and
help with the production of an accompanying brochure.
He took the Council on a virtual tour of the Iron Heritage Trail. He began at George Rogers Park,
home of the iron furnace (pp. 12-15) with the panels for an interpretive kiosk awaiting installation.
He noted that the second most significant surviving building was the Iron Worker's Cottage in Old
Town, which the City owned (pp. 16-17). He mentioned the Board's recommended interpretative
panel for this site.
He moved on to the Trullinger survey marker on the corner of Ladd and Durham, which already
had a plaque (pp. 17-18). Next came the George Rogers house, which was built in 1929 after the
iron industry was over, but it used stone from the original furnace site (p. 18). He mentioned that
the Arts and Crafts style was more Mediterranean than American because George Rodgers'
original name had been George Rodriguez, and he came from Spain.
He mentioned the street signs as a point of interest because every street in Old Town was named
after people and places associated with the iron industry (p.18). He indicated that the next stop on
the trail was Roehr Park. He discussed the history of the second iron foundry in 1888, which had a
memorial plaque at its site in Roehr Park, where the former Ram's Head Brew Pub had been
located (pp. 18-10).
He mentioned the crucible (the only remnant of the second blast furnace), the beehive kilns used
to produce charcoal, and the three basalt retaining walls that supported conveyors (pp.20-21). He
indicated that the Board proposed two to three interpretative panels telling the story of the second
furnace and smelting complex on the Amphitheater walls (p. 21).
City Council Special Meeting Minutes Page 1 of 11
October 26, 2009
Mr. Foster continued the tour to Foothills Park, which was the site of the first pipe works west of
St. Louis and operated from 1888 to 1928 (pp. 22-23). He noted the Board's suggestion to use a
pipe remnant as a focal point for an interpretative signage display.
He moved on to Tryon Creek State Park. He announced that the Park was delighted to be
included in the Heritage Trail (p.23). He described the charcoal making process that left the
charcoal pits in the park (p.24). He spoke of the living conditions at the time in a town with no
paved roads and the iron furnace going almost 24 hours a day. He mentioned that diaries
indicated that people moved to South Town from Old Town because of the air pollution.
He indicated that the Iron Mountain Trail in the Park ran along the old wagon road used to
transport the charcoal to the furnace stock house (p.25). He said that the Iron Mountain Trail was
one of the oldest roads in Lake Oswego, serving as a route for both wagons and later the narrow
gauge railroad hauling ore down to the furnace (p.25). He spoke of the Prosser Iron Mines located
in Iron Mountain Park (p.25). He noted the Board's proposal to place an interpretive kiosk at the
picnic area (p.26).
He summarized the Board's proposal for signage (pp.26-27), including an interpretive brochure.
He discussed the economic, educational, and recreational benefits to the city from cultural heritage
tourism (pp.26-29). He reviewed the Board's recommendations (p.29) to create the Heritage Trail
and to provide funds for the signage and brochure. He presented pictures of iron artifacts they
have found (pp.38-39).
Chair McGuire indicated to Councilor Jordan that the ore cart, donated by someone from eastern
Oregon, was located at the iron furnace. Councilor Jordan asked about the trees in the pictures
that looked like denuded spikes. Chair McGuire explained that trees growing close together in a
dense forest did not grow branches all the way to the ground, as solitary trees did.
Mr. McIntyre indicated to Councilor Tierney that these items were eligible for tourism fund
dollars. He noted that the City was currently using a loan against that fund to pay for the furnace
reconditioning, which would take five years to pay off.
Councilor Olson commented that she thought that the Council would be supportive of this
proposal. She asked to discuss it in their January goal setting for next year's budget.
3.2 Development Review Commission (no written report)
Commission members present: Chair Krytsyna Stadnick, Don Richards, Gregg Creighton,
Bob Needham, and Frank Rossi
Chair Stadnick reviewed the duties of the Development Review Commission, a quasi-judicial body
that reviewed development proposal to insure compliance with the City zoning ordinances,
development standards, and Comprehensive Plan. She mentioned reviewing 11 projects to date
this year, some of which were appealed to the Council. She described how George Rogers Park
and the Bryant sewer pump station were examples of multi -faceted projects.
Councilor Tierney asked what the Commission needed in terms of Council direction or affirmation
regarding their work. Chair Stadnick commented that, if the Council had a direction on
developments coming in that it would like the Commission to proceed in, she would like to know
that. She spoke of hearing back on what the outcome of appeals to the Council were.
Mr. Needham commented that, while he thought that the Commission received some appeals
feedback, they could use more. He indicated that he was uncomfortable with ex parte, pre -hearing
contacts from City representatives. He cited his experience as a trial lawyer in stating that
sometimes he firmly believed that the courts were wrong. Therefore, he was interested in hearing
what the Council did on an appeal.
He gave his personal opinion that it was more important for the DRC to exchanged information and
ideas with the Planning Commission. He spoke of seeing where the policies that they thought they
City Council Special Meeting Minutes Page 2 of 11
October 26, 2009
had put in place through ordinances did not work well, and needed referral back to the Council for
further direction.
Councilor Moncrieff asked if Mr. Needham would find a twice a year joint meeting with the
Planning Commission helpful. Mr. Needham observed that their discussions needed examples,
and yet, they could not discuss cases until the cases had gone to the end of their process, which
could include a LUBA appeal. Then they could sit down with the DRC and staff and provide input
on the decisions made at the various levels.
Councilor Jordan asked when, during the anticipated code revision process, the DRC wanted to
give input regarding the kinds of code provisions that it had trouble with in light of development
proposals coming before it.
Mr. Needham pointed out that the code could never anticipate every situation. The deliberative
body always had to make an interpretation somewhere along the road. He commented that,
despite the common belief that cleaning up the code would solve the problems, it never did. He
spoke of the public's expectation of consistent implementation of the code. He remarked that if the
DRC was not producing the results desired by the Council, then the Council needed to consider
whether it needed to give better direction.
Chair Stadnick described the DRC as the happy medium between the City, the public, and the
applicant. She noted that City staff advised the DRC during its meetings and stopped it when the
members headed in the wrong direction. She commented that, while the process worked well, the
Commission would like to know sooner rather than later if the Council questioned its decisions or
thought it was drifting in the wrong direction.
Councilor Jordan asked how the Commission felt about expanding design review to include
smaller single-family homes, such as cottages. Chair Stadnick indicated that if the Commission
had the expertise to deal with the project, the members could do so. She said that they would
need to know how to proceed with it and where the City was going with that kind of review.
Mr. Needham recounted his experience in a small town that required design review of second
story additions on single-family residences. He pointed out that the County used remodels as an
opportunity to bring homes or properties up to current code. He commented that the reason a
jurisdiction did design review was because the neighborhoods prided themselves on their
character, and worked hard to keep it.
Chair Stadnick commented that the Commission needed to stand strong architecturally. When it
did not have an architect on the Commission (there was only one architect at present), the other
members did not want to push the issue of architectural elements with which they were not familiar.
Mr. Needham observed that the Commission not having the necessary technical background put a
big burden on staff to provide more technical advice.
Mr. Creighton mentioned that he proposed projects to the DRC before applying to sit on the
Commission. He commented that he has come to appreciate Lake Oswego's code because,
although it had a reputation as a code that was difficult to meet, it was also more concise than the
codes in other jurisdictions and provided step-by-step directions to achieve a solution. He
explained that the most frustrating thing to a design team was leaving something up to staff
interpretation because their proposal stumped staff with their own code.
3.3 Library Advisory Board (no written report)
Chair Nancy Shatsky noted that the two major projects for the Board in 2009 were the very
successful LO Reads Program and advocating for passage of the library district ballot measure.
She discussed the other key projects of fundraising and community outreach/partnerships. She
explained that the Board began creating a neighborhood outreach program last year, which would
not be fully realized until 2010.
City Council Special Meeting Minutes Page 3 of 11
October 26, 2009
She presented the Board's 2010 plan. She mentioned specifically continuing the Board's
participation in the LO Reads Program, fundraising efforts at Council direction, building library
partnerships, and increasing community awareness of library activities and programs. She spoke
of assisting the City and library staff at Council direction, advocating for library programs and
services, and helping coordinate library -related activities among the Friends of the Library,
community groups, and City committees. She indicated that they were also continuing the
development of the library's mailing list.
Councilor Hennagin left the meeting at 6:52 p.m.
3.4 Transportation Advisory Board (TAB)
Board Members present: Chair Terry Keyes, Vice Chair Gregg Mindt, Tom Fahey, Brent
Ahrend, and David Jorling.
Chair Keyes observed that this Board has evolved significantly from when he came on it three
years ago. He recalled that, in 2006, the Board primarily listened to citizen complaints about traffic.
He noted that this year they heard only one real issue, for which they found that the streets in the
Glenmorrie neighborhood were laid out as good as they could be without massive funding to
change intersections.
He stated that the key to the changes has been the City staff, in particular, Massoud Saberian and
Nancy Flye. He noted that these two staff members handled over 1,000 citizen issues a year on
traffic, and almost none of those issues got to TAB because staff did a great job explaining to
people why what they wanted done on their street would not work. He indicated that things were
working better because staff was handling things the way they should be done, which was on the
basis of technical analysis.
He remarked that TAB was re-evaluating what its role should be. He noted the decrease from ten
meetings a year to four meetings a year. TAB was trying to decide between quarterly meetings
and bi-monthly meetings.
He reviewed TAB's 2010 goals (pp.41-42). He mentioned continuing to hear the few citizen traffic
issues that came to them and working with staff on the revision of the Neighborhood Traffic
Management Program. He described the process for handling citizen complaints, beginning with
staff and ending with the City Council (if it got that far).
He expressed the Board's hope that it could serve as a technical advisory committee for staff on
the update of the Transportation System Plan, which he noted was a multi -modal plan. He
discussed the need to update the over 10 year old plan, especially in light of the higher densities
expected with Metro's decision to keep growth within the current UGB as much as possible.
Councilor Olson referenced the Council discussion of funding the neighborhood pathways
program. She expressed her hope that staff would ask TAB for input on the ranking of the
pathways as part of the five-year CIP process.
Councilor Moncrieff agreed that TAB should start working on prioritizing the pathways in
anticipation of funding. She pointed out that, with trails and pathways listed in so many different
City documents, the City needed to consolidate pathways into one master plan and prioritize the
pathways for funding purposes. Chair Keyes concurred.
Councilor Jordan commented that it was more than simply coordination, but also making the
pathways function together in the field. She observed that the City did not have unlimited funds for
building pathways. Therefore, the paths on the ground needed to connect in order to provide a
network of walking trails and paths.
She mentioned that Metro has focused its discretionary dollars on local community projects, such
as bike/ped pathway projects. She suggested that the Board use its expertise regarding separated
ped/bikeways to identify locations for those facilities, and where it might be worth it in the long run
to invest in extra right-of-way width for future innovative facilities. She commented that the Board
City Council Special Meeting Minutes
October 26, 2009
Page 4 of 11
could use that information in backing up its testimony requesting Metro dollars for projects on the
list. She explained that the cities obtained funding when their citizens advocated for projects.
Mayor Hoffman concurred that, in years past, TAB had been the "speed bump" advisory board.
He referenced TAB's duty to advise and make recommendations to the Council and staff on
transportation issues in general. He pointed out that almost every issue facing the City had a
multi -modal transportation component to it. He commented that it would be helpful if TAB worked
with staff in 2010 and provided expert advice and recommendations on the climate initiative and
how to achieve the greenhouse emissions reductions mandated by the State.
He noted the move in the region away from accommodating only the auto and to encouraging
other forms of transportation, such as pathways. He suggested that TAB, as part of its changing
role, discuss transportation looking beyond the auto to multi -modal transportation. He mentioned
possibly holding a joint meeting with the Sustainability Advisory Board. Councilor Jordan
suggested meeting also with the Parks & Rec Advisory Board.
Mayor Hoffman indicated that he thought TAB's input on using a percentage of the street
maintenance fee on pathways would be helpful. He mentioned the Boones Ferry design project as
another issue facing the City, as well as the streetcar. He held that, given that transportation was
critical to the community and the region, there was plenty for TAB to discuss at more than quarterly
meetings. He encouraged the Board to work with staff and the Sustainability Advisory Board in
looking at transportation in a different way.
Councilor Tierney added electric vehicles and electric transportation systems to the list of TAB
discussion topics. He declared a conflict of interest in that he worked for PGE.
Mayor Hoffman suggested that TAB partner with the Sustainability Advisory Board to set
transportation targets for Lake Oswego. He mentioned walkable neighborhoods. He emphasized
that land use and transportation were inextricably linked. He commented that TAB could look at
the transportation components of projects that the Planning Commission was working on.
Councilor Jordan recalled from when she had served on TAB that people had wanted pathways
without curbs and gutters, which usually meant using asphalt. She suggested researching more
sustainable types of materials for pathways that would permit more storm water to percolate
through the soil, and not create problems around tree roots. She agreed that there were many
discussion topics for TAB beyond speed bumps, but it was up to TAB to decide in what direction it
wanted to go.
Councilor Moncrieff mentioned the intra -city shuttle as another possible project. She
acknowledged that the City has looked at a shuttle in the past. She wondered if there might be
some point when a city shuttle would make sense.
Councilor Tierney observed that the TAB members might be feeling challenged right now. He
pointed out that the Council did not expect these change to occur overnight. He held that it was
incumbent on the Board to develop its plan for moving forward. Mayor Hoffman concurred.
Mayor Hoffman mentioned another discussion point of the increased need for alternative
transportation modes for senior citizens. He suggested another synergy in TAB talking with the 50
plus Advisory Board.
Councilor Jordan commented that the point was that TAB's role might be changing but how much
and how far to expand it depended on the direction that the Board wanted to go in and the capacity
of staff. She suggested that TAB identify areas of interest to its members or areas where its
members could provide expert advice, and bring that back to the Council for direction. Then
Council could allocate funds to TAB to do the work.
3.5 Sustainability Advisory Board
Board members present: Co -Chair Craig Diamond, Jean Baumann, and Paul Lyons
City Council Special Meeting Minutes
October 26, 2009
Page 5 of 11
Chair Diamond commented that the Board would like to have more than one conversation with the
Transportation Advisory Board, as much of sustainability involved looking at transportation issues.
He gave a PowerPoint presentation.
He reviewed the Board's four major goals set last December. He discussed how the Board's 2009
accomplishments (p.43) correlated to their goals. He indicated that the Board's work during
Sustainability Action Month met its goal of engaging citizens. He mentioned obtaining over 200
commitments to do energy audits. He referenced the Green Power Challenge, which met the goal
of 300 signups for PGE's Green Power Program.
He indicated that the Board has made significant progress on the benchmarking for sustainability
planning, per the goal to provide strategic oversight of the City's Sustainability Plan. He mentioned
providing input on the Comprehensive Plan update as part of the goal to support sustainability -
related Council goals. He noted the Board's input on and encouragement of staff training in order
to facilitate an alignment of sustainability concepts with the Comprehensive Plan update.
He reported that the Board has met with every other Board and Commission at least once. He
noted that this resulted in several partnerships, the most active one being with the Natural
Resources Advisory Board in the review of the Clean Streams Plan. He spoke of the Board's
engagement in many other smaller community-based and educational activities, as well as
providing comments to the Council in three different areas.
He presented the Board's priority list for 2010 (p.44). He noted the City's prior work on the
community -wide climate change action plan. He indicated that the Board's vision was to develop a
plan in the community not too different from Portland's plan. He reviewed the various steps in
developing a climate change action plan, which he described as an energy intensive effort.
He mentioned seeing a general sense of urgency regarding climate change, regardless of one's
beliefs about the science. He spoke of putting quantitative reduction goals in place on an
aggressive time table. He observed that there would be costs involved and a need for major
stakeholder buy in.
He discussed the Board's plans for the Second Annual Sustainability Action Month. He spoke of
partnering with existing events that already drew in people, as opposed to creating their own
events, given the mixed results they had in audience attendance this year.
He indicated that the two biggest sources of greenhouse gas emissions in Lake Oswego were
buildings and transportation. He spoke of finding a way to lower those emissions drastically over
time through changes to the development code and zoning practices that encouraged green
building and sustainable practices. He argued that that would be a significant part of any climate
change plan.
He reviewed the Board's recommendations regarding what the City should fund in driving towards
these aggressive goals. He pointed out that the intensive planning implicit in their goals required a
lot of resources that were beyond the Board's volunteer efforts. He explained that the Board found
itself over-extended in 2009, and that it needed help in helping the City achieve its sustainability
and climate change objectives.
He spoke of creating an additional City FTE director -level position focused solely on sustainability.
He cited the example of the City of Santa Monica's newly created Department of Environmental
Sustainability with its director and four staff. He suggested funding two AmeriCorps positions,
instead of only one. He recommended City budget funding of certain consulting services needed
to move forward with key initiatives, such as the community sustainability plan, the climate change
action plan, and the development of green building and zoning best practices.
He recommended sustainability training for the Council and staff in order to bring everyone up to a
shared level of understanding of the concepts of sustainability. He asked for City support
regarding marketing and outreach for the Sustainability Action Month. He spoke of finding a way to
City Council Special Meeting Minutes Page 6 of 11
October 26, 2009
allocate funds in the current year's budget to support some of these activities, rather than waiting
until next July for funding.
Mayor Hoffman noted that the Council had a two-hour sustainability training workshop with Duke
Castle scheduled for November 23.
Councilor Johnson observed that the Council might not be ready to move forward as fast as the
Board desired. She mentioned that it would be helpful if the Board would prioritize its proposals in
the memo it was submitting in December, as the Council would likely have to phase proposals in.
Councilor Moncrieff asked for clarification on how the director of sustainability differed from what
Susan Millhauser did now, and how a consulting service would differ from both those positions.
She asked if the City could work with universities to have students gather baseline data.
Councilor Jordan commented that the development of green building and zoning practices should
be part of the anticipated clean up of the code.
Ms. Baumann indicated to Councilor Tierney that the Board was been keeping in touch with Mr.
Sin regarding the Comprehensive Plan update.
Councilor Tierney commented that the question for him was what was `the bang', or the end
result of these plans. Chair Diamond indicated that Ms. Baumann's presentation would start to
answer the Councilor's questions regarding the appropriate investment level, monitoring, and how
to determine success. Councilor Tierney spoke of the importance of training in understanding
what sustainability meant and its practical implications.
Mayor Hoffman indicated that he too was looking for results and how to measure success.
Councilor Johnson mentioned that the City now had a Communications Director who could help
with marketing and outreach.
Ms. Baumann continued the PowerPoint presentation, focusing on the community sustainability
plan. She referenced the memo that the team doing the benchmarking work sent to the Council
last week with its four page summary of the findings. She mentioned that the Board would return
with a meatier proposal in January. She indicated that the Board would integrate the work done on
the community sustainability plan with the climate change action plan and the Comprehensive Plan
update.
She noted that every community they benchmarked started with a definition of sustainability from
the Brentwood Commission: "meet the needs of the present without compromising the ability of
future generations to meet their own needs." She discussed the business case for sustainability,
which looked at the bottom line. She commented that sustainability gave a city a competitive edge
with respect to quality of life as a criterion for people choosing to live there.
She commented that most sustainability plans had guiding principles, such as the triple bottom line
of people, planet, and profit. She cited the Natural Steps framework as a common approach to
defining what sustainability was and was not. She encouraged the Council to use the Natural Step
framework as a core element. She mentioned that all the various sets of principles used as
guiding principles by other cities tended to be very similar in considering social justice, economic
prosperity, and environmental protection.
She discussed the end points. She commented that one community sustainability plan pretty
much looked like another plan; they were very similar with common specific goal statements
describing what a sustainable future looked like. She mentioned statements relating to zero
emissions/greenhouse gas, 100% renewable energy, zero waste, closed materials use loop, zero
toxic materials, zero bioloss, ecosystem restorative processes, and a fair and equitable society.
She indicated that the real question was what target date the community wanted to set to achieve
its goals.
City Council Special Meeting Minutes Page 7 of 11
October 26, 2009
She mentioned another comment element in community sustainability plans of action areas. She
described them as areas in which the community rallied around a group of activities; they related to
what surfaced through a community's visioning process.
She pointed out that most of what they found in these community sustainability plans already
existed in the Lake Oswego Comprehensive Plan but without the name or the targets.
She noted the three typical approaches for driving a community sustainability plan process: led by
a non-profit, led by a community -city partnership, or led by a city. She mentioned the funding level
range they found of $75,000 to $165,000 spent solely on consultants. She indicated that the
funding mechanisms varied from City budgets to grants to donations, or a combination of all of
them.
She reviewed what the Board learned through this benchmarking process. She said that there was
no one way to conduct a community sustainability planning process. The important thing was a
community commitment for the long haul, as it was not an easy road. It could take two to six years
to see any results.
She emphasized that almost everyone the team benchmarked spoke of having an unshakable
foundation set in the core principles. She commented that the Board liked the Natural Steps
principles because they were science -based, undisputed, and helped define when a process was
or was not on track. She indicated that the FTE would spend time on this element.
She indicated that answering questions regarding the management, staffing, funding, and urgency
of Lake Oswego community sustainability plan required conversation with the Council.
She asked the Council for guidance on whether the Board should spend its time developing
scenarios on how to move forward on this plan or set it aside and work on other Board goals that
had a higher priority with the Council. She commented that they could also stop working on it
altogether and let it bubble up naturally in the community.
Councilor Jordan commented that, as she read the memo, she realized that the City did already
have many of these elements in the Council goals, Comprehensive Plan, quality of life indicators,
etc. She agreed with Ms. Baumann that the City just has not set targets or developed a plan on
how to reach those targets. She acknowledged the budget issue. She wondered how the City
could help leverage money through challenge grants or other methods to help fund this work.
Councilor Tierney applauded the hard work of the Board. He commented that there were
substantive issues involved in the Board's goals, especially the funding and quantifiable
measurements, which required Council thought before providing direction. Ms. Baumann
referenced page 2 of their report as listing quantifiable impacts related to sustainability efforts by a
community.
Councilor Moncrieff suggested researching what City infrastructure ,plans were already in place
that sustainability could dovetail into, such as the Clean Streams Plan. She spoke of focusing on
what the community was doing citywide for use as baseline goals.
Councilor Johnson spoke to using the resources of the Board to focus a sustainability lens on the
infrastructure plans to which the City needed to commit and to do well.
Ms. Baumann asked if the direction was to focus on City plans that affected the community as
opposed to a community groundswell sustainability planning effort. Councilor Moncrieff
acknowledged that the Clean Streams Plan was a City infrastructure plan. She pointed out that it
required a holistic look at the entire watershed in order to be successful. Community education
and outreach would drive that holistic look, which could be measurable and have goals. She
posed the question of whether the City wanted to go deeper (looking at one aspect of sustainability
from every possible angle) or to go broad.
Mr. McIntyre observed that this was a values driven effort, which should have a groundswell of
community support. He commented that the Lake Oswego community was progressive and would
City Council Special Meeting Minutes Page 8 of 11
October 26, 2009
likely embrace a sustainability planning effort, but the question was whether the surge was out
there and whether the citizens were willing to put the effort into it that the Sustainability Advisory
Board did last year.
He pointed out that, from the City organization side, the City tended to be a service -driven
organization and had the typical rigid culture of an organization. He described the Board's
presentation as talking about getting a full set of values across on how to look at everything the
City did. He cited Stephan Lashbrook as an example of a department head passionate about
sustainability who could have driven sustainability values in the organization, and helped the
organization take a completely different look at how to approach the work that it did.
He cautioned the Council that if it did not hire the right person for the director level position,
someone who could do what Mr. Lashbrook could have done, then that person would find it
frustrating to try to get the organization to turn and start focusing differently. He emphasized that
pointing out the rigidity of the organizational structure was not a criticism but rather an
acknowledgement of how organizations were. Chair Diamond concurred that it would have to be
the right person with the right skill set to match where the City organization was.
Mayor Hoffman observed that the challenge was to get the community buy in/groundswell. He
commented that the community would naturally evolve more sustainable as the schoolchildren
grew up and began doing things differently, or the marketplace required more sustainability efforts.
Therefore, one could argue that they could just wait.
He pointed out that if just waiting was not satisfactory, then they needed to figure out how to
determine what the end result would be of spending X amount of money over a period of time on
sustainability efforts. He said that he did not know the answer, although listening to Duke Castle
talk on November 23 might provide some enlightenment. He agreed with Mr. McIntyre that this
was values driven.
Mr. McIntyre pointed out that using a sustainability framework meant better implementation of the
City's project list, which staff could try to quantify. He commented that, while the benefit of
attracting businesses and residents in the long run because they liked the community was probably
unquantifiable, it did represent another tangible end result.
Councilor Tierney noted the question raised in this conversation of whether sustainability focused
on the City as an organization or on the community. He asked if they could do both.
He referenced the line on the staff cover sheet that said, "Sustainability has been considered in this
project." He indicated that he could not think of any questions to ask in order to verify that the
project of the ramp up to Millennium Plaza was in fact sustainable.
Ms. Baumann and Chair Diamond suggested several questions to ask. Ms. Baumann spoke of
using sustainable materials made out of a renewable resource and non-toxic. Chair Diamond
raised the question of the sustainability practices of the construction firm and the supply chain. He
commented that if the community had a sustainability plan with quantitative goals, then staff could
measure the project against those goals to see if it furthered them.
Mr. McIntyre indicated to Councilor Tierney that getting the answers to all those questions would
push the project off for a couple of weeks.
Ms. Baumann suggested asking staff to list two or things that they considered with respect to
sustainability, as opposed to simply checking off that they thought about it.
Ms. Baumann indicated to Mayor Hoffman that the Council should consider sustainability if the
waste management company asked for a price increase. She noted that Waste Management said
that it was the greenest waste management firm in the nation, and the Council should find out what
they meant by that. Chair Diamond suggested asking what the company would do to make Lake
Oswego greener from a broad perspective.
City Council Special Meeting Minutes Page 9 of 11
October 26, 2009
Mr. McIntyre recalled an earlier statement that sustainability was whatever a group defined it to
be. He observed that Ms. Baumann and Chair Diamond offered an interesting point of view, which
staff did not consider because they were not trained to ask these kinds of excellent questions. He
indicated that he could send reports back for more rounds of analysis, but he feared that it would
grind the City's business to a halt. He reiterated that this was a situation of turning the organization
to be able to look at its business with a different lens.
Mr. Lyons spoke of the community as a whole buying off on the direction and goals of
sustainability so that there was not a disconnect between what the City wanted to do and what the
citizens might or might not support.
Ms. Baumann indicated that, through the Natural Steps training, the Council would get a
foundational understanding of the concepts of the sustainability principles. She indicated that once
someone internalized the four principles, then he/she could look at any behavior, decision,
material, or process and evaluate whether it violated the principles.
Councilor Jordan observed that the City could set sustainability goals for those elements of a
project or system that it controlled, but it could not do that for elements out of its control, such as
the Portland sewage treatment plant. She commented that identifying the projects that the City did
control and could set goals for would be important in implementing sustainability practices at the
City.
Councilor Moncrieff concurred with the need to make sure that the community supported this
effort. She questioned whether there was even broad community support for letting lawns go
dormant over the summer.
Mayor Hoffman commented that he heard Ms. Baumann speak to working towards sustainability
by taking small steps. Ms. Millhauser mentioned that staff started developing a sustainability
project screen last year to help answer those questions.
Ms. Baumann indicated that, if Mr. Castle did not share the three strategic questions for decision
making with the Council, then the Council needed to ask him about them. She said that she would
try to attend the training session.
She asked for Council direction on what the Board should do. She indicated to Councilor
Johnson that the Board could return in January with a report on how to do a community
sustainability plan.
The Council discussed asking the community through the available survey opportunities how
interested the community was in developing a community sustainability plan. Councilor Jordan
suggested asking a peak democracy question in preparation for the spring telephone survey.
Councilor Olson concurred with Ms. Baumann that the Council needed to `hit the pause button'
until the Board could talk with Mr. McIntyre. She indicated that there were some internal questions
that needed answering before the Board spent time on a full-blown plan.
Councilor Tierney spoke to the Board moving forward in the short term in developing a proposal
to provide information to the Council regarding a community sustainability plan process to help with
Council decision-making.
Mayor Hoffman said that his concern was that he did not have enough information. He
commented that, even after having gone through some sustainability training, he had not known
the questions to ask staff about sustainability with respect to projects. He indicated to Chair
Diamond that he would find it helpful to talk with other cities' officials about their sustainability
efforts.
Ms. Baumann indicated that the Board could provide the Council with Vancouver's plan, which
was one of the better short and readable community plans. Mayor Hoffman commented that he
would also find helpful written information on what other cities were doing. Ms. Baumann said that
City Council Special Meeting Minutes Page 10 of 11
October 26, 2009
they could share with the Council the benchmark documents that they had written up summarizing
their research.
Mayor Hoffman spoke to the Board waiting on moving forward until the Council and the Board
held a more in-depth conversation following the sustainability training on November 23.
Councilor Jordan asked for information on how long the communities have had their plans, where
they were in the implementation process, and what they found was working or what needed
tweaking. She commented that looking at a city's track record would help set the tone of what the
Council's expectations should be.
• William Stafford Pathway
Councilor Olson conveyed to the Council the sincere and deep thanks from the Friends of William
Stafford, Dorothy Stafford, and Ken Stafford for the City's efforts in regards to the Stafford Pathway
and the dedication today.
She indicated to Mayor Hoffman that the William Stafford Pathway was the whole section of the
trail along the Willamette River from Tryon Creek to the West Linn city limits. She said that she did
not know whether there would be signs along the entire pathway indicating that it was the William
Stafford Pathway. She noted the basalt elements clustered near Foothills.
She suggested talking to Ms. Gilmer about adding signage with Mr. Stafford's poems. Mayor
Hoffman noted that this was a budget item for discussion in pre -goal setting.
4. ADJOURNMENT
Mayor Hoffman adjourned the meeting at 8:30 p.m.
Respectfully submitted,
Robyn Christie
City Recorder
APPROVED BY THE CITY COUNCIL:
ON
Jack D. Hoffman, Mayor
City Council Special Meeting Minutes Page 11 of 11
October 26, 2009
LAKE OS WcO
CITY COUNCIL SPECIAL MEETING
MINUTES
October 27, 2009
oNEW"
Mayor Jack Hoffman called the special City Council meeting to order at 6:34 p.m. on
October 27, 2009, in the City Council Chambers, 380 A Avenue.
Present: Mayor Hoffman, Councilors Jordan, Hennagin, Moncrieff, Olson, Tierney,
and Johnson.
Staff Present: Alex McIntyre, City Manager; David Powell, City Attorney; Robyn Christie,
City Recorder; Elizabeth Papadopoulos, Maintenance Services Director; Joel
Komarek, LOIS Project Director; Johanna Hastay, Associate Planner;
Denise Frisbee, Director of Planning and Building Services; Kim Gilmer,
Parks 8E Recreation Director; David Donaldson, Assistant City Manager
STUDY SESSION
3.1 Draft Clean Streams Plan
Ms. Papadopoulos introduced Tim Kraft from OTAK. She described the Clean Streams Plan as
an update to the 1992 Surface Water Master Plan that would provide guidance for managing the
utility over the next 10 to 15 years. She mentioned the extensive public outreach conducted by
staff to identify community concerns. She reported that they did not find a united consensus but
rather a variety of issues of concern, such as water quality improvements or local flooding issues.
She observed that the City wanted the public on board for any new utility initiatives because they
would cost ratepayer dollars. She recalled that upon finding a lack of compelling direction from the
public, coupled with a concern about raising wastewater fees, staff recommended to the Council
that the plan take the moderate course presented in this draft plan.
She mentioned that the prior Council had hoped to finish the plan in December 2008, but bad
weather cancelled that meeting, and the plan rolled over to the new year. Per Council direction at
the January goal -setting meeting, staff then took the draft plan to the Sustainability and Natural
Resources Advisory Boards for input in April and May. She reported that the Boards liked the plan
overall but they did suggest different emphases, more cohesive writing, and making sure that the
City had a good outreach and education program.
She indicated that while the plan presented tonight reflected those recommended changes, it was
substantially the same plan as the previous version with no changes to the capital program, the
funding program, the methods, or the recommended actions. She described this draft as stronger
and clearer.
She emphasized that this was a moderate plan, which did not preclude the Council from doing
more if it so wished. She described it as successfully balancing public concerns and the things
that the City needed to do. She mentioned that staff did its best to stay abreast of the constantly
changing technology of surface water management.
Mr. Kraft gave a PowerPoint presentation of an overview of the plan. He used the table of
contents to describe the plan's restructuring. He explained that the first five sections laid the
foundation for storm water management by the City, as suggested by NRAB. These sections
included the regulatory requirements, other City environmental programs addressing water quality
and storm water, and the character of the city with respect to storm water management.
City Council Special Meeting Minutes
October 27. 2009
Page 1 of 15
He indicated that Section 6 through 8 contained the plans, the capital projects, the public
educational program, and a discussion about coordinating projects with other infrastructure
improvements. He said that Section 9 through 11 reviewed the City's regulatory and maintenance
programs as well as the Lake Oswego Code. Section 12 dealt with the financial aspects of the
plan.
COUNCIL QUESTIONS
Councilor Hennagin asked staff to explain to the audience how the Clean Streams Plan and the
Sensitive Lands Plan worked in not overlapping on the protection of riparian areas, and why the
City did not merge the two plans. Ms. Papadopoulos explained that the Clean Streams Plan was
a planning document, not a regulatory document like the Sensitive Lands Program. The Plan
provided staff with guidance on how to manage the utility in broader, less specific terms than the
regulatory program used.
Councilor Hennagin asked for staff's opinion of the Lake Corporation report, Healthy Streams &
Watersheds. Mr. Kraft indicated that the City's plan was a broader document that addressed a
wide variety of topics. Based on his skimming of the Lake Corporation report after receiving it this
afternoon, he described that report as taking a watershed approach that looked specifically at
actions impacting streams.
Councilor Hennagin asked if the Lake Corporation report related more to the Sensitive Lands
Ordinance. Ms. Papadopoulos commented that the Clean Streams Plan took a moderate course
but there were always more things that the City could do. She described the Lake Corporation
report as 'the more that one could do." She mentioned the question of whether the City at some
point wanted to have a watershed -based program that went above and beyond the Clean Streams
Plan.
Councilor Jordan commented that she read the Lake Corporation report as recommending that
the City require developments to handle storm water runoff on site, rather than the City upsizing
pipes to take a higher volume of water from redeveloped properties. She indicated that she did not
see why adopting the Clean Streams Plan would prevent the City from moving in that direction as
well
Ms. Papadopoulos pointed out that while the Plan's primary focus was not on larger pipes, it did
recommend them in a few locations for reasons other than upsizing.
Mr. Kraft spoke of the change over the last 20 years from the curb and gutter systems that turned
out to damage streams to low impact development that tried to disperse the water into the ground.
He indicated that the Plan focused on low impact development projects.
He explained that the project referenced by the Councilor did propose a more traditional pipe
upsizing because that particular area had a high water table and they needed to get the water out
of the area; essentially, the ground could not take it. He emphasized that this was a planning level
document with opportunities in the process to re-evaluate the project in light of the ever -improving
storm water technologies available to deal with runoff.
Councilor Moncrieff commented that she thought that the most important distinction made by
staff tonight was that this was a planning level document intended to guide the City, as opposed to
a regulatory document. She mentioned that the Council has learned from the sensitive lands
conversation that if the City went too far in regulating private properties before the citizens were
ready for it, then the citizens pushed back.
She agreed with the recommendation that education and outreach would be the keys in developing
practices that kept storm water management and water quality in mind, and that looked at low
impact development. She noted the two grant -funded programs encouraging water quality -friendly
practices and restoring riparian areas and flood plains.
She commented that while she thought the document did a good job in guiding policy, it lacked
quantifiable, measurable data that identified the current baseline systems status and provided for
City Council Special Meeting Minutes
October 27, 2009
Page 2 of 15
measuring progress. Ms. Papadopoulos explained that the ongoing dilemma in storm water
management was knowing that technologies and techniques were effective but not having the
ability to demonstrate how effective they were.
Councilor Johnson pointed out that the inability to demonstrate a clear link between actions taken
and benefits received was also a problem in other services that the City managed. She agreed
that education clearly provided a benefit, yet it was not quantifiable. She asked if staff knew of
anything the City could use to provide some quantifiable data.
Mr. Kraft explained that the City already did water quality monitoring as part of its NPDS permit
from the State to discharge storm water into streams. He said that the State was working with all
jurisdictions to find a way to measure the results quantifiably, which would provide evidence and
direction for needed changes. He reiterated that science could not link any given action with a
lowering of pollutant levels in the water, but everyone was trying to find a way to do that.
Councilor Tierney asked how staff obtained direction without having a beginning point of baseline
data and a finish line of expected results. Mr. Kraft added the question of how to know where to
spend money without quantifiable results. He reiterated that every community was grappling with
this issue. He indicated that the City would start implementing programs but staff did not address
the question in the plan because there were no good solid answers.
Ms. Papadopoulos explained that there was overlapping into the regulatory world and decisions
about what was acceptable and what was not acceptable. She indicated that right now, those
definitions came through the State from the Environmental Protection Agency. She said that the
program closest to quantifiable data would be total daily maximum loads (TDMLs). The State
informed jurisdictions when their TDMLs for a water body were over the limit, and told them to find
activities to reduce the load but not how to do so. She speculated that over time, they would first
see the development of more detailed data -driven pieces in the permit regulatory piece.
Councilor Tierney argued that an adopted plan should give direction regarding what the City
would be doing, as opposed to only providing operations or utility management guidance. He said
that despite spending a significant amount of time on the Plan, he could not find specific
recommendations for action or a correlation between the current science and what the City was
doing.
He noted that the CIP did not have a project criterion of the flow in a water body, which he thought
was an important element to include. He mentioned that there was nothing in the plan about best
management practices and what was good for Lake Oswego. He questioned how staff could get
any direction from the document. He indicated that he was troubled in terms of voting for the
document when he found it challenging to understand it.
Ms. Papadopoulos mentioned that she did try to outline in the last briefing paper what
recommendations there were in the Plan. Councilor Tierney described a recommendation as
something specific enough to know what one was doing, which he reiterated these
recommendations were not.
Councilor Tierney mentioned another point that the report focused on new development and
redevelopment when he thought that most of the problems extant today came from existing
development. He complimented the public outreach program, although he did find it playing to the
willing, as opposed to educating and involving those people unaware of the issue.
He reiterated that without a starting point, they could not know what their direction was. He spoke
of the TMDLs and phosphorous levels as critical baseline data points against which to evaluate
future progress. He said that he was challenged to link the report contents to what the City would
do.
Ms. Papadopoulos pointed out that staff had an awareness level of storm water management
interpretations not shared by non -staff because of their daily interaction and expert knowledge of
the utility. She explained that because this involved guidance, it relied to a certain extent on what
City Council Special Meeting Minutes Page 3 of 15
October 27, 2009
staff already knew to do, as opposed to spelling things out at a level of detail helpful to non -staff
but not to staff.
Councilor Tierney questioned whether the Council needed to adopt the plan then, if staff already
knew what to do. Ms. Papadopoulos observed that it was a funny balance, in that the process of
putting the document together did a lot of the shaping and developing of the information. She
indicated that some of the information confirmed what staff has been doing and some of it
suggested that staff needed to shift things a bit. She emphasized that this document would
provide staff with the guidance they needed for the next 10 years or until the science changed
drastically.
Mayor Hoffman asked how the plan directed staff to do what. Ms. Papadopoulos discussed how
the capital program (Section 8) provided guidance for capital improvements and system
maintenance.
Mr. Kraft clarified that Section 7 discussed a public education program, Section 8 listed the capital
projects, which would go through the capital improvement program process for implementation,
and Section 10.6 (p.130) proposed recommendations for code changes. He noted that the
Maintenance section also listed recommendations to improve the maintenance program. He
mentioned that both Advisory Boards had recommended beefing up the executive summary.
Mayor Hoffman summarized the improvements listed in each section. Councilor Jordan pointed
out that the capital projects list (p. 79) was a planning list that listed the projects that staff knew
where out there to be done, rather than a soon to be implemented list. She suggested that when a
project came forward, staff gather the baseline data regarding toxin, sediment levels, TDMLs, etc.,
for comparison with resulting levels after the completion of the project.
Councilor Tierney commented that the broader, watershed approach had merit. Councilor
Moncrieff suggested utilizing partnerships with the measuring stations around the lake already put
in place by the Lake Corporation, such as the one at Hallinan Elementary School.
Ms. Papadopoulos reiterated that the City did have a data -gathering program in place that
followed certain protocols in order to provide consistent and quality data. She indicated that staff
was interested in accessing similar quality data gathered by other organizations.
Councilor Johnson asked if Mr. Kraft saw areas identified in the plan where the City was failing,
and needed to make a sharp turn to achieve the program goal of cost effective implementation and
maintenance of a sustainable drainage system. Mr. Kraft mentioned that the development
standards and regulations were very out of date and the current guidance manual no longer
relevant with respect to science and technology. He indicated to the Councilor that the plan
included a project to update the manual.
Ms. Papadopoulos commented that staff recognized that the manual was out of date and needed
updating. In the meantime, staff looked to other communities' documents for guidance.
Councilor Olson asked for an analysis from Ms. Papadopoulos and Mr. Kraft of the Lake
Corporation packet received tonight. She commented that a beefed up executive summary with
clear recommendations spelled out along with the costs was a good idea. She agreed that they
needed to do something different with their data collection and reporting.
3.2 Wastewater Utility Rate Analysis
Mr. Komarek indicated to Mayor Hoffman that he did not yet know the timing of the revenue bond
that the City would have to go out for. He re -introduced Angie Sanchez-Virnoche, FCS Group
Sr. Project Manager.
He reviewed the funding mechanisms used so far to pay for the $110 million sewer replacement
project (p.27). He recalled that the same evening on which the Council authorized $60 million in
full faith and credit bonds to fund the work through June 2010, it also approved a 30% rate
increase to the sewer utility rates to pay for the first year's interest costs.
City Council Special Meeting Minutes
October 27, 2009
Page 4 of 15
He referenced the financial analysis done by former Finance Director Darin Rouhier, which
established the probable future rate increases. He explained that Ms. Sanchez-Virnoche and her
group have worked to confirm the accuracy of those early financial forecasts, which they found
were pretty close to the mark.
Ms. Sanchez-Virnoche gave a PowerPoint presentation. She identified the key components they
looked at in evaluating the earlier financial forecasts (p.28, Slide 1). She discussed the key factors
considered in a 10 -year funding plan (p.28, Slide 2), which were operating and maintenance costs,
capital projects costs, and annual debt service costs. She explained that the $119.7 million in
capital funding obligations included not only the Lake Oswego Interceptor Sewer (LOIS) project,
but also the City's other wastewater infrastructure capital projects needed to maintain the existing
system.
She reviewed a color -coded chart summarizing the revenue needs over 10 years. She noted that
the operations and maintenance costs stayed consistent over time while the existing debt service
increased dramatically in 2013 when both interest and principle payments were due. She
commented that the City would likely have to go out for a revenue bond to pay for the new debt
service that would begin in FY 2010/2011.
She explained that while the recommended rate increases from the previous analysis would cover
the City's expenses, the now identified cash flow issues meant that the City needed to think about
implementing additional rate increases to cover bond requirements and bond payments.
She indicated to Councilor Olson that Mr. Rouhier's recommended rate increases were 30% in
FY 2009/2010, 30% in FY 2010/2011, 27% in 2011/201, and 13% in 2012/2013 followed by
inflationary increases. She mentioned that the report included a technical appendix for those who
wished to examine the numbers.
She noted that their recommended rate increases were now 30% in FY 2010/2011, 30% in FY
2011/2012, and 14% in FY 2012/2013, also followed by inflationary increases (p.29, Slide 1). She
indicated that this translated to $1.75 to $2.40 more per month on a typical residential bill.
She discussed the key action as monitoring expenses. She held that these figures were close to
where they needed to be, depending on the levels required by the bond rating agencies for City
reserves and debt service coverage, when the City went out to the bond market, and the amount of
the principal and interest payments
She explained that these rate increases provided a 2.0 coverage, which was favorable with respect
to the bond market. She mentioned the assumption that this would be a revenue bond and not a
full faith and credit bond, which meant more stringent requirements for sufficient sewer revenue to
support all the obligations.
She discussed what these increases meant to a customer bill. She noted the current fixed and
variable charges (p.29, Slide 2). She noted the variable charge of $1.68 per 100 cubic feet for all
customer categories.
She presented the two rate alternatives they developed (p. 29, Slide 3). She explained that the
first approach applied the 30% increase equally across the board to both the fixed and variable
components. This allowed the City to collect 67% of its revenues through the fixed charge and the
remaining 33% through the variable charge.
She indicated that they developed the second alternative to provide more revenue stability for the
City in light of its increasing debt. The second option applied the full increase to the fixed charge
only in order to collect 82% of the needed revenue. This left 18% revenues collected through the
variable charge. She noted that the question was how much of its revenue did the City want to
leave variable.
She discussed in detail the impact to the customer of the two rate alternatives (p. 30, Slide 1). She
described how the difference between the two alternatives came out to be only a slight difference.
City Council Special Meeting Minutes
October 27, 2009
Page 5 of 15
She explained that the second alternative appeared to favor higher levels of water usage because
of the economies of scale in spreading out the higher fixed charge over more units of water.
She confirmed to Mayor Hoffman that the second option rate increase was 40% because it
increased the rate only on one of the two components, the fixed charge. The variable charge
remained at $1.68 per CCF.
She clarified to Councilor Tierney that the 82% and 18% did not represent the rate increase
amount but rather 100% of the revenues that the City needed to collect. The second option
collected 82% of those revenues from the fixed charge through a rate increase amount needed to
reach that percentage of the revenues. That rate increase was more than the 30% recommended
in the first option. The variable charge remained at the current $1.68 per CCF and collected 18%
of the needed revenue.
She confirmed that the second option put 100% of the change on the fixed charge. She reiterated
that the reason behind that was that the City was incurring more fixed costs on the system.
She presented a chart showing the proposed rates for the average winter water usage categories
(p.30, Slide 2). She confirmed that the average usage was eight CCF ($38). She pointed out that
the change under Option 1 for someone using two CCF was $8.65, while the change under Option
2 was $11.47 for most of the categories because everybody paid the same fixed charge,
regardless of how much water used.
Councilor Tierney asked staff to bring back the dispersion chart showing where the population fell
into the usage categories.
Ms. Sanchez-Virnoche showed a comparison of the proposed rates with neighboring utilities'
rates (p.30, Slide 3). She noted that other providers might increase their rates by the time that
Lake Oswego increased its rates.
She discussed rate design considerations (p.31, Slide 1). She commented that staff felt more
comfortable in terms of revenue stability in putting more on the fixed charge because of the
potential impact of conservation programs on the amount collected through the variable charge.
She commented that the increasing system fixed costs with the additional debt requirements
correlated to increasing the fixed charge. She noted that bond -rating agencies preferred revenue
stability, such as the second option provided. She reiterated that a drawback of the second option
was the perception that those with higher water usage received more of a benefit.
She discussed considerations and next steps (p.31, Slide 2). She asked for Council feedback on
the proposed rate increases and the rate design alternatives. She mentioned the planned
solicitation of public input in November and December. She spoke of recommending a rate option
at the December public hearing on the Master Fees and Charges schedule.
COUNCIL QUESTIONS
Mr. Komarek indicated to Councilor Tierney that he doubted that this was sufficient revenue to
maintain the system but staff would know more after embarking on the strategic asset
management program. He commented that based on what he has heard from other communities,
Lake Oswego was playing catch up.
He mentioned an upcoming discussion about managing the wastewater utility, especially as it
concerned the parts of the utility on private property and how that related to system costs. He
clarified to Councilor Olson that an important piece of the overall wastewater system was the
lateral pipes on private property connecting to the sewer lines in the streets.
He observed that Council has not discussed policies on spending public dollars on private
property, yet staff knew that those laterals were a significant source of inflow and infiltration into the
system. This affected the amount of water treatment needed, for which everyone paid. Mayor
Hoffman spoke of holding that conversation next year.
City Council Special Meeting Minutes
October 27, 2009
Page 6 of 15
Mr. Komarek confirmed to Councilor Tierney that the City maintaining its infrastructure early was
cheaper than having to fix it later. He referenced a question that he asked in the staff report about
what level of capital expenditures the community was willing to support through its rates to address
the long standing issues.
Councilor Tierney asked for a staff memo discussing Lake Oswego's relationship with the
Portland's Tryon Sewage Treatment Plant, given that 50% of the City's expenses related to
treatment. Mr. Komarek mentioned that Portland staff told him at a meeting on the Foothills area
that they were planning to update their facilities plan. He said that the Portland staff would look
very hard at the amount of water that Portland was treating that it might not have to treat if Lake
Oswego's inflow and infiltration situation was under better control.
Mr. Komarek indicated to Councilor Hennagin that the City replaced old pipes with plastic pipes
due to their resistance to corrosion. He mentioned that there was a mishmash of existing pipe
materials, from cast iron to clay to waxed cardboard to concrete.
Councilor Hennagin asked if the City replaced pipes identified as defective or if it had an ongoing
replacement program to replace old pipes. Mr. Komarek indicated that that question related to the
strategic asset management plan. He said that they used the data gathered by the wastewater
maintenance department in their ongoing pipe cleaning and inspection program to help develop the
annual rehabilitation program in the CIP.
Ms. Sanchez-Virnoche indicated to Mayor Hoffman that the technical appendix in the packet
included some of the numbers from the FCS technical analysis that supported the proposed rate
increases.
Mayor Hoffman asked for Council feedback on the rate design alternatives, the across the board
increases (A) or the alternative rate option (B).
Councilor Moncrieff commented that while she liked the certainty of collecting 82% of the needed
revenue, she also liked the incentive to conserve water inherent in a tiered rate usage program.
She commented that the community using less water in the long term seemed the best way to
save on the utilities. Councilor Olson pointed out that the incentive to conserve remained in the
tiered rates of the water portion of the bill.
Mr. Komarek confirmed to the Mayor that winter use was home use. He indicated that staff
expected to see water usage trend downwards over time as the City's conservation program took
effect through education and more efficient plumbing fixtures. He concurred that revenue stability
was a concern if the City based its rate more on the volume piece than on the fixed piece.
Ms. Sanchez-Virnoche indicated to Councilor Hennagin that there were a multitude of options
available, depending on the overall objective. She noted that the objective in this program was
revenue generation to pay for revenue bonds. Since 82% of the system costs would be fixed, staff
thought that generating the revenue primarily through the fixed charge was a good alternative.
She mentioned that what people wanted was some type of choice in controlling their bill, which
was why having a volume charge was important.
She concurred with Councilor Hennagin that staff was attempting to predict what the future debt
and maintenance costs would be and what the City would need to fund those, both of which were
somewhat unpredictable. Mr. Komarek agreed that it was a forecast. Anything beyond today was
uncertain.
Mr. Komarek indicated to Councilor Tierney that Portland charged a volume -based fee for
wastewater treatment. Councilor Tierney observed that the treatment cost component was tied to
the variable total.
Councilor Jordan expressed her preference for Alternative B, and making sure that the City had
the fixed portions of its system costs covered in order to insure that the system was working
adequately and efficiently. She mentioned her concern about equity, in that all households paid
the same fixed fee, regardless of whether one person lived there or five people. She commented
City Council Special Meeting Minutes Page 7 of 15
October 27, 2009
that it would be nice to find a way to help those living on fixed incomes and not price people out of
their homes. Mr. Komarek concurred that equity for individual homes was a tough issue.
Councilor Tierney spoke in support of Alternative B. He noted that the Council could adjust the
rates every year. Councilor Moncrieff acknowledged the staff recommendation of Alternative B
for financial reasons, but reiterated that she wanted to continue with the City's conservation efforts.
Ms. Sanchez-Virnoche indicated to Mayor Hoffman that staff recommended Alternative B
because of revenue stability.
Mayor Hoffman indicated that they would discuss Mr. Komarek's questions regarding the level of
capital expenditures, the capital contingency fund, and the enterprise fund early in 2010 during the
strategic asset management discussion. Mr. Komarek indicated that a fourth question that came
up last week in a discussion with Chip Pierce was how the debt service coverage and the ratios
played into the rates.
3.3 Institutional Use Lot Coverage Code Amendment
Ms. Frisbee introduced Johanna Hastay, Associate Planner.
Ms. Hastay gave a PowerPoint presentation on the proposed code amendments affecting lot
coverage for institutional uses, primarily schools. She noted that the two primary objectives of the
proposed code amendments were to insure equality in the application of development standards
between public and private schools, and to insure compatibility between existing neighborhoods
and new developments.
She explained that Our Lady of the Lake Catholic Church, in submitting a development proposal,
asked the Planning Commission why the Code allowed public schools 35% lot coverage when
abutting residential neighborhoods but only allowed private schools in a similar location 25% lot
coverage. At the Planning Commission's direction, staff looked into the issue, focusing on four
questions (p.36). She encouraged the Council to review Exhibits D-2 and D-3, which covered
those questions in greater detail.
She noted that the Commission found a high level of community interest in this topic with a wide
range of opinions. These opinions were well -captured in the written testimony (Exhibits G-1 to G-
98) and the oral testimony at the Planning Commission meetings (Exhibits C-1, C-2, and C-3).
She indicated that the neighborhoods' primary concern centered on a fear about incompatible uses
in residential zones, especially with respect to two large private schools impacting residential
neighborhoods. She said that the neighborhoods believed that public and private schools were
extremely different in their nature and uses. They also did not think that the conditional use
process did enough to manage the impacts.
She mentioned the Lake Oswego School District's concern with losing development flexibility for
their schools in the future. She noted that private school representatives focused heavily on the
equitable treatment of schools. Another concern was that 25% was too little lot coverage to
provide adequate and comparable educational facilities, especially in mixed-use (church -school)
scenarios. However, both the public and the private schools felt that the conditional use process
adequately regulated the impacts.
She stated the Planning Commission's finding at its August 10 public hearing that there were no
compelling differences between public and private schools, and therefore, the lot coverage
maximums should be equitable. She directed the Council to Exhibit D-3, which outlined the six
options considered by the Commission to rectify the situation.
She indicated that the Commission found no compelling evidence that public schools really needed
the full 35% allowed in public function zones, as many public schools today only had 10% to 15%
lot coverage. She noted the Commission's recommendation that the Council adopt Option 3, to
lower the lot coverage allowed public schools in the public function zone to 25% in order to create
equity between public and private schools.
City Council Special Meeting Minutes Page 8 of 15
October 27. 2009
COUNCIL QUESTIONS
Ms. Hastay indicated to Mayor Hoffman that staff had tentatively recommended just using the
conditional use process, knowing that that process provided few boundaries for developers and
neighborhoods. She indicated that the public testimony and the Commission deliberations
confirmed that the result was not as firm when using only the conditional use process to establish
lot coverage on a site -by -site basis.
She indicated to Mayor Hoffman that institutional uses, even in a public function zone, were still
conditional uses. She clarified that staff had recommended eliminating the lot coverage maximums
in all residential zones and for schools in the public function zone, and going on a case-by-case
basis when schools came in for development. She concurred with the Mayor that the question
was what was the impact on the neighborhood and how did one mitigate that impact.
Councilor Tierney asked if staff explored other options besides a code amendment to deal with
Our Lady of the Lake's request. Ms. Hastay explained that Our Lady of the Lake originally
proposed Class 2 variances to achieve greater lot coverage, but they could not meet the hardship
criterion.
Councilor Tierney mentioned attending a meeting where Our Lady of the Lake presented its
development proposal, to which the Evergreen Neighborhood did not object. Ms. Hastay indicated
that the Our Lady of the Lake development proposal as made met the 25% lot coverage
requirement. That proposal would still comply with code if the changes passed.
Ms. Hastay indicated to Councilor Hennagin that in her research, she could not find a reason for
the different allowances, other than some discussion about providing institutional buildings with
more development flexibility. She confirmed that the Code did not consider private schools or
churches as public uses because they were not government-owned.
Councilor Hennagin commented that he had a problem with conditional uses and variances if the
Code could be more specific. He observed that those elements left so much room for discretion
and dispute. He stated his preference to go with specific criteria that established a similar rule. He
indicated that he also could not find a reason to treat a private school differently than a public
school in terms of land use decisions, and therefore, the Code should treat all schools the same.
Councilor Olson speculated that the Planning Commission followed Councilor Hennagin's thought
in setting specific criteria in the code as opposed to relying on the conditional use process.
Ms. Hastay confirmed to Councilor Olson that Our Lady of the Lake's proposed development
plan, which included a combined parish hall and school, met the 25% lot coverage requirement.
Councilor Olson asked if the Commission had made a different recommendation, how staff would
have teased out the school use from the church use with respect to the lot coverage. Ms. Hastay
explained that the Code dealt with all structures in residential zones and did not distinguish
between uses. She indicated that because one of the buildings on the church site was more than
22 feet in height, all the structures on the lot were subject to the 25% lot coverage requirement.
Ms. Hastay clarified to the Council that the Code change made public schools in the public
function zone subject to 25% lot coverage but not public buildings in general. She indicated to
Councilor Tierney that one way to read the situation was that the School District lost some
flexibility.
Councilor Jordan commented that she found it interesting that the Commission recommended
reducing the lot coverage for public schools rather than splitting the difference and setting both
private and public schools at 30% lot coverage. She referenced the community's interest in green
building practices, while arguing that including covered play structures and other school buildings
in the 25% lot coverage was not the way to go.
She observed that this school location fronting on A Avenue did not impact the neighborhood that
much. She commented that it made more sense to her to encourage the church to use green
City Council Special Meeting Minutes Pag-e-9--of 15
October 27. 2009
building practices by allowing them the flexibility to use green designs for their playgrounds and
play structures and not having those structures count towards the 25% lot coverage.
She mentioned another concern about cutting back on lot coverage for public schools. She
pointed out that when the community succeeded in attracting more families with school-age
children, and the schools needed to expand, the schools would probably have to expand on their
current sites, as she doubted that the District could purchase more land. She argued that the
schools would need more flexibility in that scenario, citing the state law about not putting
kindergartners and first graders on second stories. She spoke in support of giving the schools
more flexibility and the ability to do the right thing for the kids over requiring less lot coverage in
order to avoid neighborhood encroachment.
Councilor Moncrieff asked for a written answer to the questions of what surfaces would be
considered under lot coverage (i.e., asphalt, picnic tabletop), and what uses constituted a private
school (i.e., daycare).
Mayor Hoffman recessed the meeting at 8:21 p.m. for a break. He reconvened the meeting at
8:33 p.m.
3.4 West End Building Refinance
Mr. McIntyre recalled that during the Council discussion last June that resulted in staff refinancing
the West End Building at Council direction, staff raised the question of `collaring,' or hedging the
interest rate for the term of debt. He mentioned a second question about exploring a permanent
debt program for the West End Building.
He described collaring the debt as buying an insurance policy to set a cap on the interest rate for
the $20 million debt. He discussed the graphic illustrating how the collaring would work, noting that
the City would pay for the bank's guarantee that the rate would not go higher or lower than the
caps set by the Council. He indicated that while currently the debt stood at 1.89% (although it has
dropped in the last three months to 1.68%), he did not know what that percentage would be at the
end of December.
He explained that with collaring, the City lost the benefit of the rate going under whatever cap it set,
such as a 2% low and a 4% high cap. He posed the risk question for the Council as whether the
members believed that in the next 20 months left on the existing debt, the rate would exceed the
cap by so much that it was worth paying the premium to purchase the cap. He recommended not
collaring the debt.
He clarified to Councilor Hennagin that the collar would apply only to the existing debt, and not to
any future refinancing. He indicated that Wells Fargo had not been interested in discussing debt
financing for a longer term than 24 months. Extending the debt meant renegotiating the loan with
the bank.
He speculated that the interest rates would not exceed any cap purchased by the City over the
next 20 months. He referenced the attached chart of the LIBOR index over the last 20 years.
Councilor Olson spoke in support of not buying the collar, as she also doubted that the rates
would exceed the cap. She commented that she thought it was not wise to change the City's
financial policies that radically at this time. Councilor Jordan commented that she did not see a
benefit to collaring.
The Council agreed by consensus not to purchase the collar.
Mr. McIntyre discussed the question of a permanent debt program for the West End Building. He
said that in a staff discussion with Mr. Pierce, Mr. Pierce mentioned that long-term tax-exempt
interest rates were as low as they have been in a long time. He pointed out that the rates have
probably changed since Mr. Donaldson wrote the memo in the packet.
City Council Special Meeting Minutes Page 10 of 15
October 27, 2009
He explained that a window of opportunity opened to amortize fully the West End Building debt of
$25 million (allowing for needed building improvements) against the full faith and credit of the City.
He thought the opportunity worth the Council discussing it. He mentioned that they would have
this same conversation again in 20 months, as no one knew what the rates would be at that time.
He indicated to Councilor Tierney that the discussion in May had been slightly different in that
Council directed staff to come up with a financing strategy to remove the burden of the West End
Building from the general fund. This window of opportunity was one such strategy.
Chip Pierce, Financial Consultant, indicated to Mayor Hoffman that he could not say how long
the window would be open. He explained that they were so close to the holiday season that it was
unlikely (although not impossible with immediate Council direction) to get this financing done
before the end of the year.
He indicated to Councilor Tierney that typical underwriter costs ranged from 4% to 7%, depending
on a variety of factors. Additional costs were well fixed at between $75,000 to $100,000 roughly.
Mr. McIntyre confirmed to the Mayor that this action would not preclude the City from selling the
building in five years.
Mr. Pierce noted that if the City sold tax-exempt debt, doing so assumed use of the building for
tax-exempt purposes. If the City sold the building for private use five years after selling the bonds,
then the law required it to payoff the tax-exempt bonds. He explained that if the City sold the
bonds with a 10 -year call option, and received a significant amount of money in five years, it would
have to put the money into an escrow account until the 10 years was up and it could pay off the
bonds. He indicated that doing so was expensive at this time because the City's investment rate
would be so much lower than its bond rate.
He discussed a second option of putting an extraordinary call option on the bonds, which notified
bondholders that if the City decided to sell the property in the next 10 years, it would use that
money to pay off the bonds. He indicated that the bondholders would nick the City on the yield
under this option. He observed that neither option was very good.
He reviewed for Councilor Olson the annual rates for the various bond terms, as given on the
graphic.
Councilor Olson referenced the Council direction that the financing strategy needed not to use
general fund revenues. She asked whether the statement that "the debt payments would need to
be absorbed into the City's budget in the future use of the site" meant absorbed into the general
fund.
Mr. McIntyre clarified that the payments would be absorbed into whatever funds might be housed
at the West End Building, including the utility funds picking up their individual pieces as part of
shifting the debt away from the general fund. He noted that the parks & rec piece would still come
from the general fund. He concurred with Councilor Olson that the idea of this action appeared to
contradict the Council's adopted strategy.
Councilor Olson expressed her concern with absorbing so much into the City's budget in
FY2010/2011, including the upcoming funding for PERS. She pointed out the apparent
contradiction in the report between the recommendation to maximize the use of the building,
including leasing the vacant portion of it (presumably to private entities), and the need to maintain
the tax-exempt status for the debt.
Mr. McIntyre concurred that collecting leases would put the tax-exempt status in jeopardy. He
spoke of using a pro -rated debt structure of taxable versus tax-exempt.
Councilor Olson referenced the Council's Facilities Strategy, which included an item to develop a
concept plan for the future redevelopment of the West End property. She recalled that the last
bond measure failed in part due to the lack of a City plan for the building and site. She spoke to
developing that plan before talking about taking on more debt.
City Council Special Meeting Minutes
October 27, 2009
Page 11 of 15
She referenced Recommendation 2 in the staff report, asking about exploring a fully amortized
debt scenario tied to future usage of the West End Building. She asked what staff meant by `tied to
future use." Mr. McIntyre indicated that one of his concerns was that if the Council intended to get
rid of the West End Building, then it made no sense to do long-term debt financing for the building.
He explained that the memo outlined the growing usage of the West End Building.
He mentioned that at the behest of the Council strategy, he was exploring the idea of moving more
City Hall functions out to the West End Building, such as Building, Planning, and Public
Works/Engineering. He reported that staff has also had an initial conversation about possibly
leasing a portion of the West End Building to a private entity.
He emphasized that the way staff would set up the debt structure to amortize the debt fully violated
the Council's strategy with respect to shifting the debt away from the general fund. He reiterated
that they would be having this same conversation in 20 months. Councilor Olson spoke to
working on the financial strategy now in order to meet the May 1 deadline.
Councilor Jordan held that this window of opportunity represented a financial strategy. It did not
take on new debt but rather considered changing it to permanent debt. She indicated that she
would not necessarily say that it violated the Council's adopted strategy but she did agree that it
did not follow it. Mr. McIntyre agreed that it was inconsistent. Mayor Hoffman described it as
opportunistic.
At the Mayor's request, Ms. Gilmer discussed the current and anticipated usage of the West End
Building. She referenced the West End Building usage chart (pp. 55-57) in the staff report, which
listed the City and external group uses. She mentioned that this fall, they had a very busy
schedule for the use of the west side of the building.
She pointed out that about two-thirds of the activities listed in the chart would not be available if the
West End Building were not available. She noted the difficulty that external groups had in finding
meeting space elsewhere in the community. She mentioned the new programs offered by Parks &
Recreation because the facility space was now available, such as the teen program for which the
junior highs no longer had room.
She explained that only the part of the west side of the building alarmed for public assembly was
available for public use at this time. She indicated that the large office spaces alarmed for office
use were not available for public assembly.
She mentioned the future possibility of using the entire building, depending on the Council's goal.
She discussed a scenario of programming the space for revenue generation. She recalled that a
citizen suggested to her that the City aggressively advertise the West End Building for meeting
space, as the Kruse Way office buildings lacked large meeting spaces with catering kitchens. She
acknowledged that they needed to upgrade the West End Building kitchen before doing so, but it
would be a way to raise revenues easily.
She discussed the possibility of non -profits renting office space on the west side of the building at a
reduced rate. She said that Lake Oswego Together and the Soccer Club have expressed interest,
and there were probably others out there. She mentioned an indoor soccer facility for younger kids
as another possible use.
She commented that the biggest issue was that no matter what staff proposed, it came with some
level of cost associated with it. Therefore, it depended on how much the Council was willing to
spend to generate activity or revenue. She indicated that staff could spend time developing
proposals for Council consideration.
Councilor Moncrieff indicated that she liked the idea of paying off principle and of locking in low
interest rates. She asked how much having a tax-exempt bond would restrict the City's ability to
use and develop the property, especially in relation to public/private partnerships. She asked if the
10% listed as purely space related included renting out meeting space.
City Council Special Meeting Minutes
October 27, 2009
Page 12 of 15
Mr. McIntyre commented that the question about public/private partnerships and tax-exempt
bonds was a legal, IRS kind of question. He indicated that the general rule was that if they
consistently stayed below 10% private use, the City would probably be okay. He doubted that
leasing to non -profits would trigger the rule while leasing the downstairs to a private entity probably
would. He noted that the City would pay a premium if the taxable status went anywhere from 100
to 200 basis points greater than the tax-exempt basis.
He emphasized that the question of amortization was tied to building and/or site uses. He
acknowledged to Councilor Moncrieff that the effect of amortization on development was another
issue. He mentioned that he and Mr. Williams realized that if the building went into taxable status,
then they needed to change the formula they were using to calculate return on investment because
the City would be paying a premium interest rate instead of a low interest rate.
Councilor Moncrieff indicated that she would be interested in pursuing the staff recommendation.
Mr. Donaldson mentioned that the tax assessor's office would pro -rate property taxes for the
leased portion of the building. He indicated that leasing one-quarter of the building meant roughly
$40,000 in property taxes.
Councilor Hennagin spoke in support of exploring this option, if it could save the City a substantial
amount of money over using government obligation bonds. He asked if staff could predict what the
savings would be over 25 years. He referenced the $1 million a year that the City has found in the
general fund to pay the interest annually. He asked if the City could retire some of the principal
each year by paying more than the minimum amount. He commented that one could save a
substantial amount in interest by making extra principal payments from the beginning.
Councilor Jordan commented that she found it interesting that if the bond measure had passed,
the City would be paying out more money because the rate would have been higher than what it
cost the City to keep figuring out which way to go. She recalled that many of those who did not
vote for the bond measure had wanted to keep the building but not without a plan for its use.
She asked, if the Council pursued financing the whole site with a full faith and credit bond measure
paid over time, how would partitioning the property to build something else be handled. Mr.
Donaldson reiterated that the City would have to pay off some portion of the tax exempt bonds if
the use went to a non -tax exempt use.
Councilor Jordan commented that if the City sold a portion of the property for profit, it could use
that money to pay down the bond. Councilor Olson recalled Mr. Pierce's comments about losing
money if they put that money in an escrow account. Mr. Pierce reviewed the two options facing
the City if it sold the building before the bond term was up. It could use an extraordinary call option
that allowed an early payoff but with a higher yield, or it could invest the sale money at a lower rate
than the bond rate. He reiterated that neither option was optimal.
Councilor Jordan commented that she did not expect the Council to figure out a plan to use the
building and to hold a bond election with a new Council in 20 months. She expressed her
preference for finding a way to keep the costs down over the long term.
Councilor Tierney thanked staff for bringing this window of opportunity forward. He indicated that
in his interpretation of the policy, the possibilities raised by Ms. Gilmer constituted maximizing the
use. which he found consistent with the policy. He described the questions about the future use
relative financing as a huge impediment. He asked where the City would find the $1 million to $1.5
million needed from the general fund.
Mr. McIntyre said that he did not know yet. He commented that the Council might have to shift
some of the policy decisions it made in the budget process this past year around how to handle
this significant City asset. He indicated that the City might have to provide different kinds, qualities,
and level of service than it presently did today in order to create the needed money. He confirmed
to Councilor Tierney that they would not need to find the money if the City went out for a bond
measure.
City Council Special Meeting Minutes Page 13 of 15
October 27, 2009
He mentioned that this would be one of the challenging issues facing the new Finance Director.
He commented that he was challenged to find a scenario other than a general obligation (GO)
bond that satisfied the strategy. He remarked that he thought that it was partly understood when
the Council agreed to the strategy that it presumed a GO bond issue. He indicated that staff could
do the bond issue as the strategy, but the question remained on when to implement that strategy.
Councilor Tierney observed that the policy (written the way it was) was the Council's policy.
Since the Council could change the policy, the use of general fund or other monies to pay for the
building needed to be part of the discussion. He commented that given the reluctance of the
Council during the budget discussion to reduce service levels, he could see the potential of not
being able to do anything with this City -owned building because the City could not afford to do
anything with it.
Councilor Olson concurred with Councilor Tierney's comments. She agreed that the Council had
assumed a GO bond as the financial strategy. She recalled the strategy directing the development
of a concept plan for the redevelopment of the site. She noted that she had not heard any more
discussion about siting the police and emergency dispatch on the property. She speculated that if
the City developed a strategy by May 1, then it could go out for a GO bond in the November
general election
She pointed out that while the City did manage to scrape together $1 million a year, as Councilor
Hennagin noted, they only did it for two years, thinking that the bond measure would pass or that
they would sell the building. She stated that the City could not do that indefinitely. She held that
the only way to find the money if they did not do a GO bond, and pay for the new PERS increases,
would be to change the budget significantly.
Mayor Hoffman concurred with Councilor Hennagin that they should work on paying off the
principle and interest, as opposed to paying interest only.
Councilor Hennagin pointed out that the property itself was not security for a full faith and credit
bond. He asked why selling a part of it would affect the bonds. Mr. Donaldson explained that it
was not a security issue determined by the bondholders but rather a use issue determined by the
IRS in terms of the ability to issue tax-exempt debt.
Councilor Jordan spoke to looking at the kinds of strategies that would keep the City from going
into more debt in order to pay off the property. She pointed out that the market was not turning
around, and that it would take longer than 20 months to realize money back from selling the
property.
Councilor Johnson asked for more information and Council discussion of the matter in the
context of goal setting. She commented that while the Council might not make any real decisions,
Councilor Tierney brought up an excellent point that the Council needed to figure out how this
worked in relation to everything else that the City was doing and its plans as a City for what it
housed at the building.
Mayor Hoffman asked if the Council supported looking for a full faith and credit bond for the full
value, which would pay the principal and interest. Mr. McIntyre clarified that he was not asking for
Council direction tonight to renegotiate the financing to amortize the debt fully, as that would be
premature. He said that he was asking whether the Council wanted him to spend the resources to
further explore the matter and answer the questions raised by the Council regarding funding
sources and use.
The majority of the Council agreed by consensus to move forward with getting more information
to answer the questions that had been raised.
4. ADJOURNMENT
Mayor Hoffman adjourned the meeting at 9:20 p.m.
City Council Special Meeting Minutes Page 14 of 15
October 27, 2009
Respectfully submitted,
4�g� tiv�
gobyn Christie
City Recorder
APPROVED BY THE CITY COUNCIL:
ON
Jack D. Hoffman, Mayor
City Council Special Meeting Minutes Page 15 of 15
October 27, 2009
CITY OF LAKE OSWEGO
COUNCIL REPORT
TO: Jack D. Hoffman, Mayor
Members of the City Council
Alex D. McIntyre, City Manager
FROM: Johanna Hastay, Associate Planner
SUBJECT: Public Hearing for Ordinance 2545; a Special Ordinance of the City
Council of the City of Lake Oswego Vacating Partition Plat No.
2007-172
DATE: December 21, 2009
Action Requested
Staff requests that the City Council enact Ordinance No. 2545, which would vacate
the partition plat for Plat No. 2007-172.
Backqround
On November 17, 2009, the City Council adopted Resolution 09-063, which set a
date for a public hearing on the vacation of Partition Plat No. 2007-172. The plat
vacation is a citizen -initiated request and is being processed to address a plat
violation. The hearing was advertised in the newspaper and the property was
posted with two signs as required by law.
Analysis
Historic conditions: In 2007, the Planning Director approved a 3 -parcel minor
partition at 771 Country Club Road (case file LU 06-0078). The property contained
an existing single-family dwelling and an accessory structure that the applicants
stated would both be removed as a part of the application (See Exhibit F-1, page 6).
After the approval was issued on May 21, 2007, the applicants proceeded to finalize
the partition by recording a partition plat, several easements, and a notice of
development restriction with Clackamas County. Unfortunately, the applicants failed
to remove any of the structures prior to recording the final plat and they now straddle
the newly platted lot lines (See Exhibits E-1 and E-2). As recorded, the structures
are in violation of the City's R-7.5 zoning regulations. Additionally, the existing
single-family dwelling has an access and utility easement recorded through the
middle of it (Exhibits E-1 and E-2).
Existing conditions: The property is currently owned by Mr. Ayman EI-Dakhakhni
who purchased the property (as partitioned) after it went into foreclosure. It contains
the existing single family dwelling and accessory structure. He would like to retain
the structures (See Exhibit F-4).
Utility issues: There are no utilities that will be affected by the vacation of the partition
plat. The existing single family dwelling is currently served by utilities that will remain
after the plat vacation is complete.
Transportation, pedestrian issues: There are no transportation or pedestrian issues
raised by the vacation of the partition plat.
Reversion issues
partition plat.
No portions of any right of way will be affected by the vacation of the
Effect on abutting property owners/tenants: As the partition plat does not include any
public right of way, only the property owner(s) must provide consent to the vacation. All
properties created by Partition Plat No. 2007-172 (775, 787, and 799 Country Club
Road) are under single ownership, and the new owner (Mr. EI-Dakhakhni) has requested
the vacation (See Exhibit F-5). There will be no substantial modifications to the property
if the petition for the plat vacation is granted.
Conclusion -
The partition plat and all associated easements should be vacated.
Recommendation:
Move to vacate Partition Plat No, 2007-172 and adopt Ordinance No. 2545.
ATTACHMENTS
D-1 Resolution 09-63 Council Report, dated November 9, 2009
E-1 Existing Conditions Site Plan
E-2 Final Partition Plat
E-3 Tax Map
F-1 Applicants' Narrative for LU 06-0078, page 6
F-2 Partition Plat Violation Letter, dated August 4, 2009
F-3 Partition Plat Violation Deadline Extension, dated August 12, 2009
F-4 Partition Plat Vacation Request, dated October 19, 2009
F-5 Proof of Ownership
F-6 Resolution 09-63
F-7 Ordinance No. 2545
Sustainability has been considered as part of this recommendation. A
Reviewed by: r-
ef W -Fri F05 0
lf
Alex D. dfnty
City Man
CITY OF LAKE OSWEGO
COUNCIL REPORT
TO: Jack D. Hoffman, Mayor
Members of the City Council
Alex D. McIntyre, City Manager
FROM: Johanna Hastay, Associate Planner
SUBJECT: Resolution 09-63, initiating the partition plat vacation for Plat No.
2007-172
DATE: November 9, 2009
ACTION
The City Council is requested to enact Resolution 09-63 in response to a citizen initiated
partition plat vacation petition, and set a date for a public hearing for January 5, 2010.
BACKGROUND
In 2007, the Planning Director approved a 3 -parcel minor partition at 771 Country Club
Road (case file LU 06-0078). The property contained an existing single family dwelling
and an accessory structure that the applicants stated would both be removed as a part of
the application (See Exhibit F-1, page 6). After the approval was issued on May 21,
2007, the applicants proceeded to finalize the partition by recording a partition plat,
several easements, and a notice of development restriction with Clackamas County.
Unfortunately, the applicants failed to remove any of the structures prior to recording the
final plat and they now straddle the newly platted lot lines (See Exhibits E-1 and E-2). As
recorded, the structures are in violation of the City's R-7.5 zoning regulations.
Additionally, the existing single family dwelling has an access and utility easement
recorded through the middle of it (Exhibits E-1 and E-2).
Earlier this year, the property (now addressed as 775, 787, and 799 Country Club Road)
went into foreclosure. During the new property owner's (Golf Savings Bank) due
diligence process, the violation was discovered and brought to the City's attention. Staff
informed the new owner that it had three options to address the violation: remove the
existing structures, modify the approval so that the lot lines and existing structures meet
the R-7.5 zoning regulations; or vacate the partition plat (See Exhibits F-2 and F-3). The
properties were subsequently sold to Mr. Ayman EI-Dakhakhni. He would like to retain
the structures and thus initiated the partition plat vacation proceedings (See Exhibit F-4).
EXHIBIT D-1
Council Report
11/09/2009
Page 2
DISCUSSION
The vacation of a partition plat must comply with Oregon Regulatory Statutes (ORS)
271.080.
At the public hearing, the City Council will determine whether the petition meets the
following criteria.-
1)
riteria:
1) If the consent of owners of the requisite area has been obtained;
As the partition does not include any public right-of-way, only the property owner(s) must
provide consent to the vacation. All properties created by Partition Plat No. 2007-172
are under single ownership, and the new owner (Mr. EI-Dakhakhni) has requested the
vacation (See Exhibit F-5). The owner filed a petition with the City Recorder with
sufficient information to process the request (See Exhibit F-4). A vicinity map is attached
(See Exhibit E-3).
2) Whether notice has been duly given; and,
The City Recorder will comply with all regulations governing notices as required per ORS
271.110.
3) Whether the public interest will be prejudiced by the vacation of such plat.
As the partition plat vacation request encompasses private property, there is no public
interest affected by the request. The petitioner wishes to retain the existing structures;
there will be no substantial modifications to the property if the petition for the plat
vacation is granted.
ALTERNATIVES & FISCAL IMPACT
There will be no fiscal impacts resulting from this action.
RECOMMENDATION
Staff recommends that the City Council enact Resolution 09-63, declaring intent to
vacate Partition Plat No. 2007-172 (affecting properties 775, 787, and 799 Country Club
Road), and setting a date for a public hearing for January 5, 2010.
ATTACHMENTS
E-1 Existing Conditions Site Plan
E-2 Final Partition Plat
E-3 Tax Map
F-1 Applicants' Narrative for LU 06-0078, page 6
F-2 Partition Plat Violation Letter, dated August 4, 2009
F-3 Partition Plat Violation Deadline Extension, dated August 12, 2009
F-4 Partition Plat Vacation Request, dated October 19, 2009
Council Report
11/09/2009
Page 3
F-5 Proof of Ownership
Sustainability has been considered as part of this recommendation.11:4-
Reviewed by:
Department Director
City Attorney
Alex D. McIntyre
City Manager
N.E.I/4 S.E.I/4 SEC.4
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EXHIBIT E-1
Narrative for Proposed Minor Partition of 771 SW Country Club Road — Mitchell & Mitchell Custom Builde
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APPLICATION NARRATIVE
Introduction:
The site is located on SW Country Club Road, west of the intersection of SW Country Club Road
and Iron Mountain Blvd. The site consists of 42,000 square feet and is generally rectangular in I
shape, measuring 140 feet x 300 feet. The existing single-family residence (779 SW Country Club
Road) will be removed and a total of three new lots will be created on the property. The three lots
created would be for the construction of new single-family homes to be built at a future time. This
narrative explains the existing conditions, the development proposal, and responds to the applicable
criteria contained in the City of Lake Oswego's Comprehensive Plan, Zoning Ordinance and Devel-
opment Code.
Existing Conditions:
The site consists of approximately 42,000 square feet (0.97 acres), is generally rectangular in shape
and measures 140 feet wide and 300 feet deep. The site is identified as tax lot 1400 according to the
Clackamas County Assessor's records (map 2 1 E 4DA, tax lots 1400).
Jeff & Judy Mitchell currently own the property. Mitchell & Mitchell Custom Builders will be the Home
Builder/Developer of the property.
Tax lot 1400 is located in Clackamas County and was annexed into the City of Lake Oswego on De-
cember 12,2006 The previous owner had requested that the parcel be annexed into the City and
zoned R-7.5 consistent with the Lake Oswego Comprehensive Plan. (Annexation is required prior to
the City's review of the partition or any other land use action). The property was previously desig-
nated by Clackamas County as Residential R-8.5 zoning. The City of Lake Oswego has rezoned it
upon annexation as Residential R-7.5 per the City's Comprehensive Plan.
Andy Paris and Associates, Inc. prepared a topographic survey and tree survey for the site, dated
November 5, 2006. A copy of their survey is enclosed, identified as the existing conditions plan". A
copy of the signed and stamped survey has been included with the application. This survey indicates
the features of the site including trees, major vegetation, existing structures and driveways, etc. in
addition to topographic and utility information. This survey is the basis of the plans prepared to de-
scribe the proposed partition and redevelopment of the property.
There are two structures currently on the property. These include the primary residence and a de-
tached carport with studio above. Both the existing home and the carport/ studio structure will need
o be removed due to redevelopment plans and will be demolished or recycled, as appropriate.
The existing house faces towards SW Country Club Road. The property has 140 feet of frontage
onto SW Country Club Road. There is a curb and asphalt sidewalk along the street frontage. The ex-
isting house is served by a loop driveway taking access from SW Country Club Road adjacent to the
east and west property lines. The driveway extends down the west side of the house to the detached
carport and studio located adjacent to the west property line. The existing asphalt paving will be re-
moved as part of site development and a new driveway will be installed to serve the newly created
lots.
The survey indicates that the elevations on the site range from 307 feet at the curb at the southeast
comer, rising to 315 in the middle of the property and sloping down again to 301 feet at the north-
west comer. The front portion of the site rises abruptly (about 3 to 5 feet) from the back of the side-
walk at SW Country Club Road and then generally slopes up to the front of the existing house. The
front yard is relatively level. From the back of the existing house, the site slopes down fairly uni-
formly towards the rear property line.
The property backs onto the City owned Iron Mountain Natural Area. Staff indicated at the Pre -
Application Conference that the tree grove located in the natural area does not extend onto this
property. The staff concluded that "a resource overlay will not be applied during annexation and the
applicant will not need to address LOC 50.16".
Narrative for Proposed Minor Partition of 771 SW Country Club Road — Mitchell & Mitchell Custom Builders -12/18/200610:44 AM page 6 of 33
EXHIBIT F-1
August 4, 2009
Golf Savings Bank
COMMUNITY Attn: Britney Zazweta
DEVELOPMENT 6505 218 Street SW, Suite 14
DEPARTMENT Mt. Lake Terrace, WA 98043
CITY OF
RE: Illegal Dwelling at 771 Country Club Road
LAKE OSWEGO
380 A Avenue
Dear Ms. Zazweta,
P.O. Box 369
Lake Oswego
As we have communicated to the real estate listing agent for this property, Tricia
Oregon 97034
Cook, a potential buyer brought a code violation at the above listed address to the
City's attention. The purpose of this letter is to notify you that the 3 -parcel partition
(503) 635-0290
plat for 771 Country Club Road (approved per LU 06-0078) was improperly recorded
Fax (503) 635-0269
www.ci.oswego.or.us
because the existing structures were not demolished prior to recording the plat with
Clackamas County. As recorded, the plat results in several illegalities, including an
existing primary structure that straddles the common lot line between Parcels 1 and 3,
in violation to required yard setbacks.
There are three possible options to rectify this situation:
Remove the existing illegal structures and proceed with the sale of the individual
parcels as vacant buildable lots. A demolition permit may be obtained through
the Building Services Division. Please contact Julie Hollister at 503-697-7418 for
more information and fees. There are a number of site development conditions of
approval that would need to be met prior to the issuance of any building permits.
Please see the attached staff report. If this option is pursued, staff recommends
scheduling a meeting to discuss the outstanding conditions of approval.
2. Modify the approved permit (LU 06-0078) to ensure that the existing structures
conform to the current development standards. The first step to modify the
existing approved permit is a pre -application conference. At this conference, staff
will provide a list of applicable regulations and required documents to satisfy this
option. If you choose to pursue this option, please contact me for further
information. The fee for a pre -application conference is $312 plus a $70 Fire
Marshal review fee. The fee for a modification of an approved permit is $1,449.
Please see the attached pre -application form for basic details on submittal
requirements.
wow
L-e,1��[,{rCr�vv
34a_�, EXHIBIT F-2
Vacate the approved partition plat. Per Oregon State statutes ORS 271.080,
vacation of property inside an incorporated city requires that the applicant file a
petition with the City Recorder in order to schedule a public hearing before the
City Council. Please review the enclosed ORS vacation regulations for details on
the process. The fee for a plat vacation (which is also a minor modification of an
approved permit) is S 1,449. Clackamas County may require other documentation
and/or fees to finalize approval of the vacation.
Thus far, the City has not issued any formal citations for the Development Code
violations that have been observed on this property. We would hope to obtain
voluntary compliance with the property owner before being forced to take legal
action. Please note that formal steps must be taken towards rectifying this situation
within 30 days of the date of this letter. If the City has not received documentation
that one of the above options is being pursued by September 4, 2009, a formal
citation, with court appearances, will be issued.
Please contact me with any questions. Your cooperation in resolving this matter is
greatly appreciated.
Sincerely,
ohanna Hastay
Associate Planner
City of Lake Oswego
ihastav(a_).ci.osweeo.or.us
503-534-5740
Encl: Staff Report for LU 06-0078; pre -application form; ORS 270.080 Vacation
Regulations.
Cc: Tricia Cook, Principal Broker, Residential Realtors and REO LLC, 9400 SW
Beaverton Hillsdale Highway, Suite 138, Beaverton, OR 97005
COMMUNITY
DEVELOPMENT
DEPARTMENT
CITY OF
LAKE OSWEGO
380 A Avenue
P.O. Box 369
Lake Oswego
Oregon 97034
(503)635-0290
Fax(503)635-0269
www.ci.oswego.or.us
August 12, 2009
Golf Savings Bank
Attn: Britney Zazweta
6505 218 Street SW, Suite 14
Mt. Lake Terrace, WA 98043
RE: Illegal Dwelling at 771 Country Club Road (LU 06-0078)
Dear Ms. Zazweta,
Thank you for working with the City to correct the partition plat error at the above
mentioned address. As noted in the August 4, 2009 letter, there are three options
available to rectify the error. While the City would like to have this situation resolved
as quickly as possible, we understand that Golf Savings Bank (current property
owner) would like to sell the property as is and have the new property owner take
responsibility for the correction. The purpose of this letter is to extend the deadline
for compliance to allow the bank time to sell the property.
Thus far, the City has not issued any formal citations for the Development Code
violations that have been observed on this property. We would hope to obtain
voluntary compliance with the property owner before being forced to take legal
action. Please note that formal steps must be taken towards rectifying this situation
within 90 days of the date of this letter. If the City has not received documentation
that one of the above options is being pursued by November 10, 2009, a formal
citation, with court appearances, will be issued.
The City recommends full disclosure of this situation, with appropriate
documentation, to any and all potential purchasers of this property. Please
contact the City and request Land Use Application File No. LU 06-0078.
Please contact me with any questions. Your cooperation in resolving this matter is
greatly appreciated.
Si rely,
Johanna Hastay
Associate Planner
City of Lake Oswego
jhastav(c—v. ci.oswego.or.us
503-534-5740
Cc: Tricia Cook, Principal Broker, Residential Realtors and REO LLC, 9400 SW
Beaverton Hillsdale Highway, Suite 138, Beaverton, OR 97005
EXHIBIT F•3
Ayman El-Dakhakhni
234 Beachwalk
Honolulu, HI 96815
Tel: 808-728-5000
Fax: 808-922-8830
aymand5000(a)Rmail.com
RECEIVED
OCT 1 9 2009
City of Lake Oswego
Community Development Dept.
RE: Parcels 1, 2, and 3, PARTITION PLAT NO. 2007-172, in the City of Lake
Oswego, County of Clackamas, in the State of Oregon,
a.k.a. 799, 787 and 775 SW Country Club Road, Lake Oswego, Oregon 97035
a.k.a 771 Country Club Road, Lake Oswego, Oregon 97035
City of Lake Oswego Recording Office
380 A Avenue
Lake Oswego, Or 97034
CC: City of Lake Oswego Community Development Department — Planning Division
Dear City Recorder,
Please consider this request as my formal
"Petition to Vacate" the 3 -parcel Partition Plat NO 2007-172 for property located at
771 Country Club Road, Lake Oswego, Oregon 97035.
The Plat No 2007-172 was improperly recorded following the Land Use Application LU -
06 -0078, while that approval was still conditioned by the removal of the existing
dwelling; the dwelling removal has never happened.
As the new owner of the property, I would like to use and keep the property with the
existing dwellings in place, and as a single taxable lot/parcel, the way it was
recorded prior to the LU -06-0078 application.
The herein requested plat vacation will allow me to keep the property as a legal -
conforming use without the modifications required by the LU -06-0078, and without
being in violation of City Development Codes, as imposed through the LU -06-0078.
Coincidental to the Partition Plat No. 2007-1172, there were also recorded: (a) Consent of
Waiver of Rights and Remedies- recording No. 2007-001528, (b) Private Reciprocal
Access and Utility Easement, and (c) Easement Maintenance Agreement -recording no.
2007-107529, which I hereby request to be simultaneously removed as they become
obsolete if the plat vacation is granted.
EXHIBIT F-4
You will find attached a copy of the plat map to identify the subject property, along with
my personal check for the fee required to proceed on the present petition.
Any additional information, documents, and assistance necessary to solve this petition,
will be gladly made available as necessary.
Please direct you communication with me at the following contact address and numbers,
or you can contact my local representative Ovy Iancu (see Contacts below).
Thank you and look forward for your favorable cooperation.
Respectfully,
Ayman El-Dakhakhni
As Owner of 771 Country Club Road in Lake Oswego
Please Use for Contact:
Ayman El-Dakhakhni
234 Beachwalk
Honolulu, HI 96815
Tel: 808-728-5000
Fax: 808-922-8830
aymand50OMUmail.com
Or my local representative
Ovy Iancu
1835 Palisades Terrace Dr.
Lake Oswego, Or 97034
Tel: 503-329-7896
Fax: 971-223-4703
ovyiancu(@,comcast.net
Fidelity National Title Company of Oregon N
_ W E
Map # 21E04DA01400 s
The drawing below is copied from the public records and is provided solely for the purpose of assisting
in locating the premises- Fidelity National Title assumes no liability for variations, if any, in dimensions,
area or location of the premises or the location of improvements ascertained by actual survey.
00 00204745, 05020311-12
V 799, 787, 775 Country Club Road
Lake Oswego, OR 97034
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SPECIAL WARRANTY DEED — STATUTORY FORM
(INDIVIDUAL or CORPORATION)
Golf Savings Bank
�1 Grantor, conveys and specially warrants to
rV Mohamed Ayman EI-Dakhakhni
Grantee, the following described real property free and clear of encumbrances created or suffered by the
grantor except as speclfically set forth below:
Parcels 1, 2 and 3, PARTITION PLAT NO. 2007-172, in the City of Lake Oswego, County of
Clackamas and State of Oregon.
ENCUMBRANCES:
See attached Exhibit "One"
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND
195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY
SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR
PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT
OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO
195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007.
The true consideration for this conveyance is St500, 000 . GU
Dated September 15, 2009; if a corporate grat or, it has caused its name to be signed by order of its
board of directors.
Golf Sayings Bank
Y?
Manager
EXHIBIT F-5
i
`
Clackamas County Official Records 2009.065934
Sherry Hall, County Clerk
RECORDING REQUESTED BY:
111111111111111111111111111111111111111111111111111 $41.00
Fidelity National Title Company of Oregon
01343475200900659340030036
0919 712009 02:27:13 PM
0
�u
D -D Cnt=1 Stn=10 LESLIE
$18.00 $10.00 $16.00
GRANTOR'S NAME:
d
Golf Savings Bank
w+
GRANTEE'S NAME:
Mohamed Ayman EI-Dakhakhni
O
SEND TAX STATEMENTS TO:
,.
%234
Mohamed Ayman El-Dakhakhni
z
Beachwalk
Honolulu, HI 96815
`.
AFTER RECORDING RETURN TO:
Mohamed Ayman EI-Dakhakhni
234 Beachwalk
Honolulu, HI 96815
Escrow No: 20090019581-FTPOR08
00 00204745, 05020311-12
V 799, 787, 775 Country Club Road
Lake Oswego, OR 97034
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SPECIAL WARRANTY DEED — STATUTORY FORM
(INDIVIDUAL or CORPORATION)
Golf Savings Bank
�1 Grantor, conveys and specially warrants to
rV Mohamed Ayman EI-Dakhakhni
Grantee, the following described real property free and clear of encumbrances created or suffered by the
grantor except as speclfically set forth below:
Parcels 1, 2 and 3, PARTITION PLAT NO. 2007-172, in the City of Lake Oswego, County of
Clackamas and State of Oregon.
ENCUMBRANCES:
See attached Exhibit "One"
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND
195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY
SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR
PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT
OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO
195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007.
The true consideration for this conveyance is St500, 000 . GU
Dated September 15, 2009; if a corporate grat or, it has caused its name to be signed by order of its
board of directors.
Golf Sayings Bank
Y?
Manager
EXHIBIT F-5
State of Weshin ton��
COUNTY of R-gn���tA
This instrument was acknowledged before me on f9ak&1Z1CV S, 20Qr
by John Barry, as Portfolio Manager of Golf Savings Banc.
, Notary Public -State of Washington
My commi sion expires:�,jt_l1010,9
e 1 O
QQ'Ot��j5S10N Fxp� ��
NOTARY �N
ca PUBLIC
y 11-10-2009
\�f WASH���'�
EXHIBIT "ONE"
2009-2010 taxes, a lien In an amount to be determined, but not yet payable, including assessments
collectible with such taxes.
Consent of Waiver of Rights and Remedies, including the terms and provisions thereof,
Executed by: The City of Lake Oswego and Jeffrey K. Mitchell and Judy L. Mitchell
Recording Date: January 8, 2007
Recording No: 2007-001528
Restrictions, but omitting restrictions, if any, based upon race, color, religion, sex, sexual orientation,
familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set
for -.h in applicable state or federal laws, except to the extent that said restriction is permitted by applicable
law, as shown on that certain plat
Name of Plat: Partition Plat No. 2007-172
Easements) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for
dedication, on the map of said tract/plat;
Pu -pose: Private Reciprocal Access and Utility Easement
Aft -acts: Parcels 1, 2 and 3. See Plat for details.
Conditions and restrictions as established by the City of Lake Oswego:
Purpose: Development Restrictions
Ordinance No/Fie No: LU -06-0078
Recording Date: December 28, 2007
Recording No: 2007-107528
Easement Maintenance Agreement
Executed by: Jeffrey K. Mitchell and Judy L. Mitchell
Recording Date: December 28, 2007
Recording No.: 2007-107529
FDOR0213.rdw
C
RESOLUTION 09-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO
DECLARING THE INTENT OF THE CITY COUNCIL TO VACATE PARTITION PLAT
NO. 2007-172.
WHEREAS, there exists within the City of Lake Oswego a platted partition, Plat No. 2007-
172, said plat having been administratively approved by the City Of Lake Oswego's
Department of Community Development as case file LU 06-0078; and
WHEREAS, the City of Lake Oswego has received a valid petition as defined by state
statute requesting the City to vacate the Partition Plat No. 2007-172, said partition plat
being comprised of three lots addressed as 775, 787, and 799 Country Club Road,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego
that:
Section 1. Pursuant to the provisions of ORS 271.080, the City Council of the City of
Lake Oswego does hereby declare its intent to vacate Partition Plat No. 2007-172.
Section 2. A public hearing shall be held upon this proposed vacation on the 5th day of
January, 2010 at 6:30 p.m. at the City Council Chambers, located at 380 A Avenue in the
City of Lake Oswego.
Section 3. The City Recorder shall give notice of the proposed vacation and public
hearing required by ORS 271.110 by publishing a notice in the official City newspaper
once each week for two (2) consecutive weeks.
Section 4. The City Recorder, within five days after the first day of publication of the
notice, shall cause to be posted at the properties proposed to be vacated, a copy of the
notice which shall be headed "NOTICE OF PLAT VACATION" and said notice shall be
posted in at least two (2) conspicuous places in the proposed vacation area. The posting
and the first day of publication of such notice shall not be less than 14 days before the
hearing.
Considered and einacted at the regular meeting of the City Council of the City of Lake
Oswego on the 17th day of Nn 7Pm'hPr , 20_.
AYES: Mayor Hoffman, Hennagin, Johnson, Moncrieff, Tierney, Olson
NOES: none
EXCUSED: Jordan
ABSTAIN: none
EXHIBIT F-6
Resolution 09-63
Page 1 of 2
Jack D711offman,
ATTEST:
Robyn Christid, City Recorder
APPROVED AS TO FOR
j �
David D. Powell, City Attorney
Resolution 09-63
Page 2 of 2
ORDINANCE No. 2545
AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL VACATING PARTITION PLAT
NO. 2007-172 (AFFECTING 775, 787, AND 799 COUNTRY CLUB ROAD) AT THE REQUEST
OF THE PROPERTY OWNER
The City of Lake Oswego ordains as follows:
Section 1. The City Council finds that:
a. The City Council initiated the notice and hearing process for vacation of Partition Plat No. 2007-
172 by adoption of Resolution 09-63.
b. Notice required by law was given for the public hearing held January 5, 2010 for the purpose of
considering the proposed partition plat vacation.
C. The owner of the entire area of the property within the partition plat has consented to the vacation
of the plat.
d. The area of the vacation does not include any street.
e. The public interest will not be prejudiced by the vacation of the plat.
Section 2. Partition Plat No. 2007-172 is hereby vacated.
Section 3. The City Recorder shall file certified copies of this ordinance with the Clackamas County
Clerk, Assessor, and Surveyor.
Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the day of
, 2010.
AYES:
NOES:
ABSENT:
ABSTAIN:
Jack D. Hoffman, Mayor
Dated:
ATTEST:
Robyn Christie, City Recorder
APPROVED AS TO FORM:
David Powell, City Attorney
EXHIBIT F-7
CITY OF LAKE OSWEGO
COUNCIL REPORT
TO: Jack D. Hoffman, Mayor
Members of the City Council
Alex D. McIntyre, City Manager
FROM: Joel B. Komarek, P.E., Project Director - LOIS
SUBJECT: Award a Public Improvement Contract for Bryant Road and Kelok
Road Force Main and Gravity Sewer
DATE: December 21, 2009
ACTION
The Council is requested to award a public improvement contract to James W. Fowler
Co., for constructing the Bryant Road and Foothills Road Pump Stations, a component
of the Lake Oswego Interceptor Sewer (LOIS) project, in the amount of $1,789,050.
INTRODUCTION/BACKGROUND
This Contract requires Council award in order to comply with City and State contracting
and purchasing procedures. This is the third phase of several planned construction
contracts to accomplish the LOIS project objectives and to meet the City's obligations
under its Mutual Agreement and Order with/from the Oregon Department of
Environmental Quality (DEQ) dated February 7, 2007.
The Bryant Road pump station will be a new pump station constructed adjacent to the
Main Canal and Bryant Road near Sarah Hill Lane. The facility will intercept
wastewater flows from upstream basins and the adjacent Blue Heron basin and pump
them around the Main Canal to a receiving manhole connected to the LOIS system in
Oswego Lake. Construction of this new pump station eliminates the need to construct
larger pipelines in both the Main Canal and Blue Heron Canal and thus avoids costly
intrusion into these arms of Oswego Lake.
The Foothills Road pump station will replace an existing pump station that is antiquated,
inefficient, difficult to maintain and somewhat hazardous to the City's maintenance
personnel. Ancillary work will result in abandonment of old pipelines that are prone to
Council Report
December 21, 2009
Page 2
failure due to their materials of construction and replacement with new pipelines of
manufactured from more robust materials.
Lake Oswego Public Contract Rule (LOPCR) Sectionl03-0220(l.a), (Attachment 1),
grants to the City Manager the authority to require mandatory prequalification of offerors
of services. The City Manager has delegated this authority for the LOIS Project to the
LOIS Project Director. As a means to manage risks inherent in public bidding
procedures where the primary selection criterion is price, the City is requiring mandatory
prequalification on most phases of the LOIS project for certain classes of work. This
same process was used for the Lake Full phase of the LOIS replacement.
The LOIS Project Director required mandatory prequalification in order to meet the
City's objectives of:
■ Attracting and retaining a sufficient pool of qualified contractors from which to
solicit competitive price based bids for construction;
• Creating a "level playing field" for all potential offerors so that all are given an
opportunity to compete equally;
• Avoiding risks inherent in traditional "low -bid" based procurements where
mandatory prequalification prior to bidding is not required; and
■ Complying with statutory public contracting rules.
Prequalification requires potential offerors of construction services to be evaluated for
the following:
■ A Person's' financial, material, equipment, facility and personnel resources and
expertise or the ability to obtain such resources and expertise, indicate that the
Person is capable of meeting all contractual responsibilities;
• A Person's record of performance;
■ A Person's record of integrity; and
■ That a Person is qualified to contract with the City.
The LOIS Project Director, with the assistance of the City's Consultant Brown &
Caldwell (B&C), prepared the Prequalification Application, which contained the
minimum qualification requirements. Notice of the Request for Prequalification of
Bidders was published in the Daily Journal of Commerce on September 17th, 2009.
The City recently concluded the mandatory prequalification process for the
Bryant/Foothills Road Pump Station phase of the LOIS project. The classes of work for
which prequalification are required are: 1) General Contractor; 2) Electrical Contractor,
and 3) Instrumentation and Controls specialty contractor.
' Per LOPCR 101-0110(22) "Person" may mean an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, government agency, public corporation or
any other legal or commercial entity. In this report the terms "Offeror", "Applicant" and "Person" are used
interchangeably and have the same meaning.
Council Report
December 21, 2009
Page 3
No objections to the Application for Bidder Prequalification and specifically the
evaluation criteria and minimum qualification standards were filed prior to the closing
date/time of the prequalification period.
The classes of work and number of applications timely filed by the due date/time for
each class are summarized below:
General Contractor Electrical Contractor Instrumentation & Controls
12
C.
2
After the closing of the solicitation, a Source Selection Committee (SSC2) reviewed and
evaluated information provided by the applicants in each application against the
minimum qualification criteria. Based on this assessment, the SSC concluded that
seven (7) General Contractor applicants, five (5) Electrical Contractor applicants and
two (2) Instrumentation and Control specialty contractor applicants met the minimum
prequalification requirements. The conclusions of the SSC evaluation were then
reviewed with the LOIS Project Director. The Project Director accepted the conclusions
of the SSC and notices of determination of "qualified" or "disqualified"3 were issued to
each applicant on October 29th, 2009.
DISCUSSION
On Tuesday, December 15, 2009, bids were opened for construction of the proposed
Bryant Road and Foothills Road Pump Stations. Four bids were received with the low
bid being submitted by James W. Fowler Co. The bidders and their respective bid
amounts are tabulated below:
Bidder Name Bid Amount
James W. Fowler Co.
$1,789,050
IMCO General Construction, Inc.
$1,790,920
Pease and Sons, Inc.
$2,322,246
Moore Excavation, Inc.
$2,846,600
Engineer's (Brown & Caldwell) Estimate$2,515,800
The City's LOIS Project Team and its consultant, Brown & Caldwell, have evaluated
each bid submitted and have determined the bid submitted by James W. Fowler Co. to
be responsive and responsible.
2 SSC members are: Jon Holland; Robert K. Lee; Brant Haflich; Marin Klinger; Amy Bee; Erica
McEachern; Kenneth Keyn; Angelina Cox (All BC Employees), and Joel Komarek.
3 LOPCR 103-0220(4): "If a Person fails to prequalify for a mandatory prequalification, the Public
Contracting Officer, shall notify the Person, specify the reasons under section (3) of this rule and inform
the Person of the Person's right to a hearing under Oregon Revised Statutes ORS 279C.445 and
279C.450."
Council Report
December 21, 2009
Page 4
ALTERNATIVES & FISCAL IMPACT
The alternatives are to: 1) award the contract, or 2) reject all bids and re -advertise the
project.
Analysis of Alternatives
Alternative 1 — Awarding the contract continues the City's compliance with the terms of
the MAO and promotes the public's interest in protecting public health and water quality
of Oswego Lake. Funding for the project is available from the proceeds of the City's
FF&C bond sale completed in July 2009.
Alternative 2 — Not awarding the contract would needlessly incur additional costs to
repeat the competitive bidding process and could potentially result in delay to the
overall LOIS project.
RECOMMENDATION
Based upon the above analysis of alternatives, Staff recommends that the Council
award a public improvement contract to James W. Fowler Co., in the amount of
$1,789,050 to construct the Bryant Road and Foothills Road Pump Stations.
ATTACHMENTS
1. LOPCR Section 103-0220(1.a)
2. Award Recommendation Letter from Brown and Caldwell
Reviewed by:
j�epartment Director
Finance Director
City
Alex D:,
City Ma
A 1 TALI iM1;N1' #1
103-0220 Prequalification of Offerors
(1) Prequalification. Pursuant to ORS 279C.430 and this rule, two types of
prequalification are authorized:
(a) Mandatory Prequalification. The City may, by rule, resolution, ordinance or
other law or regulation, or upon the discretion of the PCO, require mandatory
prequalification of Offerors on forms prescribed by the City Manager or Executive
Director. The PCO must indicate in the Solicitation Document if mandatory
prequalification is required. Mandatory prequalification is when the PCO
conditions a Person's submission of an Offer upon the Person's prequalification.
The PCO shall not consider an Offer from a Person that is not prequalified if the
PCO required prequalification.
(b) Permissive Prequalification. The PCO may prequalify a Person for the PCO's
Solicitation list on forms prescribed by the City Manager or Executive Director,
but in permissive prequalification the PCO shall not limit distribution of a
Solicitation to that list.
(2) Prequalification Presumed. If an Offeror is currently prequalified by either the
Oregon Department of Transportation or the Oregon Department of Administrative
Services to perform Contracts, the Offeror shall be rebuttably presumed qualified to
perform similar Work for the City.
(3) Standards for Prequalification. A Person may prequalify by demonstrating to the
PCO's satisfaction:
(a) That the Person's financial, material, equipment, facility and personnel
resources and expertise, or ability to obtain such resources and expertise,
indicate that the Person is capable of meeting all contractual responsibilities;
(b) The Person's record of performance;
(c) The Person's record of integrity;
(d) The Person is qualified to contract with the City.
(See, Section 103-0390(2) regarding standards of responsibility.)
(4) Notice Of Denial. If a Person fails to prequalify for a mandatory prequalification, the
PCO shall notify the Person, specify the reasons under section (3) of this rule and
inform the Person of the Person's right to a hearing under ORS 279C.445 and
279C.450.
6500 SW h(aeadam Avenue, Suite 21X!
Portland, (krgcm 97239
TO: 503-244-7005
Fax: 503-244-9095
www.brownarnlcaldwe1com
December 18, 2009
,!&acA "lex t mot
Mr. Joel B. Komarek, P.E.
Engineering Director, Interceptor Sewer Group
P.O. Box 369
Lake Oswego, OR 97034
Subject: Work Order No. 09-1141-020
Lake Oswego Interceptor Sewer — Bryant Road and Foothills Road Pump
Station Project Award Recommendation
Dear Mr. Komarek:
After review of the bids received on December 15h, 2009 by the City of Lake Oswego
for the subject project, Brown and Caldwell recommends the Lake Oswego City
Council award a contract to the lowest responsive, responsible bidder, James W. Fowler
Co., in the amount of $1,789,050.
James W. Fowler's bid met the requirements of the Bidding Documents: they were
previously prequalified to submit a bid for this project, their Bid Form was properly
completed and executed, the addenda was acknowledged, they provided the required
bid bond/security, and they submitted the First -Tier Subcontractor Disclosure form.
Four bids were received for this project as follows:
James W. Fowler C:o., Dallas, OR $1,789,050
IMCO General Construction, Inc., Bellingham, WA $1,790,920
Pease and Sons, Inc., 'Tacoma, WA $2,322,246,
Moore Excavation, Inc., Portland, OR $2,846,600
Engineer's Estimate
$2,515,800
A copy of the bid tabulation is attached to this letter. If you have any questions, please
contact me at 503-347-7930.
Very truly yours,
BROWN AND CALDWEIJ.
Cameron M. Foucht, P.E.
Construction Manager
CMF
c: Jane Heisler, Communications Director, LOIS Group
Jerome Duletzke, Construction Manager, Brown and Caldwell
Attachment: Bryant Road and Foothills Road Pump Station Bid Tabulation
F n r, F r o n m e n! u/ 1; n g! n e e d & C 0 n .r r// d n/
DEFECTS IN
ORIGINAL
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.Y.
``Si OF LAKE OS wECO
CITY OF LAKE OSWEGO
COUNCIL REPORT
OREGON
TO: Jack D. Hoffman, Mayor
Members of the City Council
Alex D. McIntyre, City Manager
FROM: Christine Kirk, Public Affairs Manager
SUBJECT: 2010 Lake Oswego Federal Platform
DATE: December 28, 2009
ACTION
The City Council is being asked to accept the 2010 Lake Oswego Federal Platform.
INTRODUCTION/BACKGROUND
In October of 2009, the City engaged the services of CapitalEdge a federal lobbying
firm that specializes in cities. In November of 2009, Carolyn Chaney and Chris Giglio
with CapitalEdge, came to Lake Oswego to tour the City and meet with elected officials
and staff. During the tour and discussions, they were able to learn of our service
needs, areas impacted by federal regulations and our current involvement with and
funding from the federal government. Elected officials and staff were also able to learn
from our "new staff in DC" how CapitalEdge might assist the City in being more
strategic in how local time and resources are directed at federal issues and grant
opportunities.
DISCUSSION
The Federal Platform will serve as the basis for lobbying efforts at the federal level.
The Platform provides an overall look at the issues of concern to the City of Lake
Oswego that are pertinent in the federal arena, whether related to funding opportunities,
regulations or general areas of advocacy for the benefit of our residents.
The Platform was developed based on discussions with City of Lake Oswego elected
officials, City staff and CapitalEdge staff. The discussions centered around identifying
where funding is needed to allow the City to further meet its goals and obligations and
the areas where federal regulation or policy impact the ability for the City to perform its
Council Report
12/28/2009
Page 2
duties. The Platform is a tool to recognize the areas of discussion that are currently
applicable either in funding or possible legislative changes at the federal level.
ALTERNATIVES & FISCAL IMPACT
The development of a Federal Platform, and guidance and advocacy related to it are
part of our existing contract with CapitalEdge.
RECOMMENDATION
It is recommended that Council accept this Federal Platform so as to provide direction
to staff in Lake Oswego and DC as to the areas of importance for advocacy efforts.
ATTACHMENTS
1. 2010 Lake Oswego Federal Platform
Reviewed by:
inability has been considered as part of this recommendation. ('
DepartrrA@j Diip for
Alex D.
City Ma
CITY OF LAKE OSWEGO
WASHINGTON OFFICE MEMORANDUM
TO: Alex McIntyre
CC: Christine Kirk
FROM: Carolyn Chaney/Chris Giglio
DATE: December 9, 2009
SUBJECT: 2010 Federal Priorities
Below are recommendations for projects and issues for inclusion in the City's 2010 Federal
Priorities. The suggestions are the result of matching priorities learned in conversations with
City officials during our recent visit to Lake Oswego with pertinent federal spending accounts
and programs.
Proiect Funding
In addition to specific projects that the City may request direct assistance from the congressional
delegation (referred to as "earmarks"), we have also tried to highlight existing federal programs
— or advocacy for new programs — in which the City could compete for funds or receive
assistance through formulas. As we have mentioned to you, earmarking is on the decline in
Congress, both in overall numbers and funding levels, and we believe that the City would be best
served by exploring all possible vehicles for federal assistance, such as earmarks, block grants,
and competitive grant opportunities.
Since the City clearly has large scale projects (such as LOIS and the Lake Oswego to Portland
Streetcar), there may be instances where limited federal assistance may be better dedicated to a
smaller -scale, unfunded project from the City's Capital Improvement Program (CIP). For
instance, Congress in recent years has funded water infrastructure projects at around $500,000 or
less. Those funds may have a more significant effect in completing a smaller unfunded water
project from the CIP than toward LOIS, and these discussions can be part of our ongoing
advocacy efforts throughout the year.
Legislative/Regulatory Advocacy
We have also included some language suggesting City advocacy regarding legislative or
regulatory activities that we anticipate will be considered by Congress or the Executive Branch
in 2010 and would be applicable to the City.
Coordination of City's Federal Activities
While the Federal Program will be useful as the basis for advocacy throughout the year, it does
not represent the entirety of our services for the City. Our goal is to assist the City in timely and
effective participation in any federal actions that may affect the community. This includes
alerting the City of pertinent federal grant opportunities, promoting city priorities with national
organizations, and coordinating effective City interaction with federal officials.
Thank you again for the opportunity to work with the City of Lake Oswego, and we are very
excited about the relationship. Please let us know at your convenience if you or any other City
officials have questions regarding the proposed Federal Program.
CITY OF LAKE OSWEGO
2010 Federal Program
Guiding Principles
Enhance and Preserve Local Funding
Seek opportunities for use of federal resources when appropriate and consistent with local and
federal funding priorities. Protect existing funding and authorities that impact revenues to the
City of Lake Oswego.
Oppose Preemption of Local Authority
Cities are voluntarily created by the residents to provide local self -governance. Efforts that
would create unfunded mandates or preempt the ability of local governments to set appropriate
policy at the local level should be opposed.
Transportation
The City strongly supports federal assistance for the Metro/ Joint Policy Advisory Committee on
Transportation priorities and is currently developing the Lake Oswego to Portland Streetcar
Project as part of those priorities. In addition, the City encourages the Department of
Transportation and Congress to consider streetcar projects as essential components of the New
Starts program. The project is expected to serve as a significant economic development tool for
the area in addition to providing an effective alternative to automobile transportation that will
assist the area in meeting goals to reduce greenhouse gas emissions.
There are also a number of other smaller -scale projects in the community that are important, but
due to financial constraints are unfunded. They include pathways connecting neighborhoods,
upgrading sidewalks to meet Americans with Disabilities Act standards, trails and pedestrian
bridges. These projects would be good candidates for funding in the FY2011 Department of
Transportation appropriations bill or a jobs bill considered by Congress.
Transportation Reauthorization
As Congress seeks to reauthorize the 2005 SAFETEA-L U law governing federal surface
transportation programs, the City urges Congress to consider alternative ways in which federal
transportation funding flows to states and local governments with a particular emphasis on the
metropolitan planning process as an effective way to direct funding to projects that best fit the
needs and priorities of individual communities.
Water Infrastructure
The City has numerous needs in the area of water infrastructure, from wastewater treatment to
drinking water delivery to stormwater management. The largest of these projects are the Lake
Oswego Interceptor Sewer (LOIS) project and the Lake Oswego -Tigard Water Supply
Expansion Project. There are a number of smaller -scale projects in the CIP such as surface
water drainage or wastewater treatment improvements that are currently unfunded which are
good candidates for the Environmental Protection Agency State and Tribal Assistance Grant
(STAG) program in the FY 2011 Department of Interior appropriations bill.
Given that many of the necessary projects are the result of state and federal mandates, the City
will urge Congress to approve legislation that creates a dedicated federal program to fund local
water infrastructure projects.
In addition, while the City understands the need for drinking water facilities to conduct
vulnerability assessments, there is concern that pending federal chemical security legislation
will duplicate efforts already underway. Also, the City urges Congress when crafting chemical
security legislation to seriously consider the significant costs on already -strapped drinking water
systems of mandating the use of untested "inherently safer technologies" rather than chlorine.
Public Safety
The Lake Oswego Police (which includes 911 Dispatch) and Fire Departments have equipment
and facility needs that are necessary for the agencies to continue to offer services to residents.
The Police Department is in need of a new facility from its current site at City Hall to a secure,
seismically safe building with a new dispatch center that would provide for increased
efficiencies in operations. In addition, the Police Department is in need of an upgraded
communication center and upgraded radio equipment that would be a candidate for funding
through FY 2011 Department of Homeland Security and/or Department of Justice
appropriations bills.
The Fire Department also anticipates upgrades or replacements over the next several years for
some of its facilities, the most urgent of those being the South Shore Station. Given the great
need for federal assistance in this area, demonstrated through the popularity of the Fire Station
Construction Program in the American Recovery and Reinvestment Act (ARRA), the City
urges Congress to consider additional funding rounds for this important program. The Fire
Department has also benefited from Department of Homeland Security funding directed to the
Portland area through the Urban Area Security Initiative (UASI) and supports increased funding
for this effort. The Department has concerns with any efforts to impose a federal mandate of
four firefighters per apparatus (NFPA #1710); as such decisions are better made on the local
level.
Energy Efficiency
The City supports full funding for the Energy Efficiency and Conservation Block Grant
(EECBG) program at the Department of Energy. This program -- which is authorized at $2
billion annually and is designed to award formula grants to states and local governments for the
design and implementation of energy efficiency programs — would provide great benefits for a
number of ongoing activities within the community. The City is implementing several projects
funded through the EECBG program in the stimulus bill. A guaranteed source of funding
through climate change legislation would allow Lake Oswego to engage in the long-term
planning that is vital to the success of energy efficiency programs.
An example of an energy efficiency project the City is considering is a proposal to use solar
panels to augment required electrical use at the Lake Oswego water treatment plant, the largest
electricity consumer in the City. This project may be a good candidate for funding in the FY
2011 Department of Energy appropriations bill through the Energy Efficiency and Renewable
Energy account or competitive funding.
Economic Development
The City sees the Lake Oswego to Portland Streetcar project as significant piece of its economic
development plans and transportation policies. In addition to providing direct access to residents
and businesses in downtown Lake Oswego, the streetcar would also be within walking distance
of the Foothills area of the City. With its location on the Willamette River and proximity to the
streetcar, the City envisions the Foothills area with a vibrant mix of residents and businesses that
2
will strengthen downtown Lake Oswego. Planning funding for the project could be available
through the Economic Development Initiative account in the FY 2011 Department of Housing
and Urban Development appropriations bill.
Housing
The City is also exploring ways to make housing in Lake Oswego more attainable to young
families and those wishing to work and live in the City, and supports the development of federal
initiatives that enhance local efforts in this area.
Historic Preservation
In 1867, the Oregon Iron Company became the first company in the United States to smelt iron
west of the Rocky Mountains. The original blast furnace and cottage built for iron workers
stand in George Rogers Park. Both are on the National Register for Historic Places and are
being restored by the City to serve as a destination for visitors and residents. The City would
like to secure federal assistance for this restoration effort though the Save America's Treasures
program in the FY 2011 Department of Interior appropriations bill.
Small Business
In addition, small businesses are an important piece of the Lake Oswego economy and during the
current fiscal crisis, many of these small businesses are suffering. The City urges the federal
government to expand loan programs at the Small Business Administration and make it easier
for small businesses to access those programs.
Jobs Bill
The City strongly urges Congress and the White House to consider direct assistance to local
governments, large and small, as they craft provisions to reduce unemployment. Bypassing
unnecessary layers of bureaucracy would allow local governments such as Lake Oswego to
infuse funding into the economy and create jobs at a swift and effective manner. The
transportation and water infrastructure projects mentioned above are excellent examples of
"ready -to -go" construction projects that will result in immediate job creation. Small businesses
in Lake Oswego also stand ready to take advantage of expanded loan programs and tax
incentives to employ area residents.
Parks and Recreation
Maintaining and enhancing the City's parks and recreational system is a high priority for Lake
Oswego residents, and the City has committed significant resources to offering safe and
accessible recreational opportunities. Although federal assistance in the areas of recreation,
preservation, and conservation has declined sharply, the City believes there is a federal role for
assisting local governments with these matters and urges Congress to restore funding for
important programs such as the federal Land and Water Conservation Fund (LWCF).
Of the City's 600 acres of parkland, approximately two-thirds is natural area. The City would
like to explore funding through the Department of Agriculture that might assist with habitat
restoration or invasive species eradication at some sites. The City owns the unique Luscher
Farm, an historic barn and farm that is used for farming, gardening, crafts, and environmental
education. The FY 2011 Department of Agriculture appropriations bill may be a possible
vehicle for funds to restore the barn and/or fund demonstration programs at the Farm.
3
CITY OF LAKE OSWEGO
COUNCIL REPORT
TO: Jack D. Hoffman, Mayor
Members of the City Council
Alex D. McIntyre, City Manager
FROM: Dennis Egner, AICP, Long Range Planning Manager
Paul Espe, Associate Planner
SUBJECT: Annexation Policy and Procedure (PP 09-0014)
DATE: December 29, 2009
INTRODUCTION
9.r
Throughout the past year, several minor annexation matters were put before the City
Council for consideration. As a result, a number of councilors have inquired as to the
City's overall approach to annexation of unincorporated areas. Presently, the City has a
reactive annexation strategy and seeks to create economies of scale in processing
annexations, but leaves it to the neighboring property owners for voluntary participation
in an annexation application.
Through the update of the City's Comprehensive Plan, annexations will be a topic for
evaluation and consideration. In the past, the City has considered revising its
annexation policies but for a variety of reasons, ultimately chose to leave the existing
policy unchanged. Any consideration of changing the annexation approach should be
incorporated into the City's Comprehensive Plan update.
This report provides background and discussion regarding the City's existing annexation
policies and procedures and discusses alternative approaches. Included is an analysis
of the City's current approach and describes other proactive and incentive -driven
techniques that could be employed. This report also sets into context additional factors
the Council should be aware of should the Council ever opt to explore modifying the
City's annexation strategy.
BACKGROUOND
Why Annex Property?
Under Oregon's system of planning, cities are responsible for providing urban services
to land within their urban growth boundaries and to land within urban service boundaries
in the Portland Metropolitan Area. Lake Oswego's Comprehensive Plan and its urban
Council Report
December 29, 2009
Page 2
growth management agreement with Clackamas County commit the City to providing
urban services and annexing the properties within the Urban Services Boundary.
Cities may be motivated to annex property to expand the local tax base or to gain
greater land use control over lands in the unincorporated area. Conversely, property
owners may initiate annexation in order to obtain City services or enhance development
opportunities on their lands.
Types of Annexation Procedures — State and Metro Laws
Annexations can be initiated either by a city or by a petition from property owner(s).
Recent annexations in Lake Oswego have been those initiated by property owners
through the petition process authorized under Oregon law.
State statutes establish different methods of annexations and the basic procedures for
each. In the Portland area, Metro provides boundary change filing and mapping
services for the region's cities and special districts. Metro also handles the statutorily
required distribution of the final action packet on each boundary change. Metro Code
sets out the procedures for annexations and boundary changes.
State laws set out annexation methods that require voter approval and methods that
allow annexation without voter approval. Descriptions follow:
Annexation by Vote
Voter Annexation — Under state law, annexations may be initiated by property owners,
or the City Council, but the process requires an affirmative vote by the electors in the
territory to be annexed as well as by the electors of the entire City.
Urban Service Provider Annexation — State law also allows a city to annex territory
within its urban growth boundary by submitting an annexation plan to a vote of the
electors residing in the city and in the territory proposed for annexation.
Annexation without a Vote
Owner Consent and Triple Majority Annexation — State law allows annexation without a
vote of the electors and requires that the City hold a public hearing and that the property
owners or electors provide consent under one of the following:
• Requires consent of all of the owners of the property and not less than 50% of
the electors residing on the property. Most recent City annexations have
followed this procedure.
• Two additional options are set forth:
1) Requires consent of more than one-half of the owners of land, who also own
more than one-half of the land, and wherein the land represents more than one-
half of the assessed value of all real property in the contiguous territory. This is
known as triple majority annexation.
Council Report
December 29, 2009
Page 3
2) Requires consent of a majority of the electors residing in the territory and the
owners of more than half of the land. Note that both of these procedures allow
annexation of some land without the owner's consent, provided the conditions
listed above are satisfied.
Island Annexation — State law allows a city to annex an island of land without the
consent of property owners or residents in the affected area and without approval by
city voters; provided the entire island is annexed (i.e., no portion remains un -annexed).
An island exists when a city completely surrounds a property or when a city surrounds a
property except for a portion that abuts a river or Interstate -5.
1-5
Island Annexation
Annexable Islands
Incorporated City
County Territory
River
Comprehensive Plan Urbanization Policies and the Urban Growth Management
Agreement
Comprehensive Plan Policies — Oregon's statewide planning program was
established to protect resource lands from urban development and to promote
efficient urban development within urban growth boundaries. The urbanization
policies in the Lake Oswego Comprehensive Plan are intended to implement
statewide goals and specifically state:
■ Unincorporated areas shall be required to annex or sign a consent for annexation
prior to the receipt of water or sewer service.
■ Island annexations shall be initiated to create logical boundaries, to provide
efficient services, and to equitably distribute costs for City services.
■ Annexation must not detract from the City's ability to provide service to existing
residents.
■ Lake Oswego shall be responsible for planning for the logical provision of urban
services to lands within the Urban Services Boundary (USB).
See Exhibit A for the actual policy language.
Council Report
December 29, 2009
Page 4
Urban Growth Management Agreement (UGMA) — In 1997, the City signed an
intergovernmental agreement with Clackamas County setting out the urban growth
management practices for the area outside our current City limits but inside our
USB. The agreement states that the City will do the public facilities planning work
necessary to provide urban services to property inside the USB. The agreement
requires annexation prior to land divisions or development of multi -family,
commercial, or industrial projects.
Recent Annexation History in Lake Oswego
Historically, the City has been reluctant to initiate annexations of larger areas because
of citizen opposition. In 1996, the City attempted to annex approximately 50 island
parcels with mixed success. At that time, the Boundary Commission, a legislatively
authorized regional body, was responsible for annexation decisions. The Boundary
Commission eliminated those parcels from the 1996 annexation where property owners
expressed opposition to the proposed annexation. Approximately one-half the
proposed parcels were annexed. With the dissolution of the Boundary Commission in
1998, the City Council became the decision- making body for the annexation of
property.
In 2000, the City Council reviewed and approved several island annexations throughout
the City. These annexations included scattered parcels on Inverune Road, Knaus
Road, Boones Ferry Road, and Carmen Drive. A proposed annexation on Fielding
Road (AN00-0009) involved more territory (25 parcels) and was ultimately abandoned.
In 2003, at the direction of the City Council, the City began work on an annexation plan
for an "Urban Service Provider Annexation" under ORS Ch 195. This consisted of the
proposed annexation of seven unincorporated areas throughout the City: Forest
Highlands, Southwood Park, Lake Forest, Rosewood, Childs Road, Skylands, and
Birdshill areas. The areas considered for annexation then are shown in Exhibit B. The
City's urban service boundary is depicted by the red line. The chart shown in Exhibit B
contains information regarding each area.
The City initiated the annexation plan in cooperation with the Lake Oswego School
District in order to more closely align City and school district boundaries and to address
broader community funding strategies for school facilities. After an extensive series of
meetings with neighborhood leaders, the City Council chose to not move forward with
the proposed annexation plan.
Urban Service Provision
Lake Oswego provides a full range of urban services to its citizens including: public
water, sanitary sewer, storm drainage (depending on location), public streets, fire
protection, police protection, library, parks and recreation, code enforcement, and
planning and building services. Within the Lake Oswego urban service area, the
differences between urban and rural levels of service are described as follows:
Council Report
December 29, 2009
Page 5
Urban and Rural Levels of Service
Service
Urban Within City Limits
Rural Outside City Limits
Water
Provided by the City or a water
Water districts, wells, or through
district.
an agreement for extraterritorial
water service from the City.
Sanitary Sewer
Sanitary sewer provided by the
No sanitary sewer — septic
City.
sewer disposal is mostly used.
Streets
Paved to a higher standard with
Paved — lower level of
a higher level of maintenance
maintenance provided. No
provided (repaving, slurry seal,
sidewalks or pathways.
street sweeping, plowing).
Bikeways on collectors and
Standards call for sidewalks/
higher classification streets.
pathways on at least on side.
Street lighting is provided only at
Bikeways on collectors and
intersections.
higher classification streets.
Street lighting is generally
provided along City streets.
Storm Drainage
Storm sewers in some areas.
No storm sewers. Some
Storm drainage swales,
drainage ditches and drywells.
detention areas, drywells, and
ditches.
Fire Protection
City provides the service.
Fire districts provide the service
by contracting with the City.
Police Protection
City provides the service.
County Sheriff provides service.
Enhanced protection districts
provide additional protection.
Library
County Library District provides
County district. City library
system of libraries. City
services are available to County
provides higher level of service.
residents at no additional cost.
Parks and
City provides a wide range of
County does not provide
Recreation
park facilities and recreation
facilities or services nearby.
services.
City parks are available to
County residents. Recreation
programs are available at a
slightly increased charge.
Planning and
City provides a high level of
County provides the service.
Building/Code
service.
Limited code enforcement
Enforcement
provided.
Council Report
December 29, 2009
Page 6
Key Issues — Street Jurisdiction and Maintenance — The authority and maintenance
responsibility of official county roads (major roads such as Bryant, Knaus, or South
Shore) remains with the county upon annexation until jurisdiction is transferred from the
county to the City through an adopted resolution. In contrast, the authority over local
access roads passes seamlessly to a municipality upon annexation. Historically, Lake
Oswego has not made any distinction between the categories of annexed roads and
simply "puts them on the list" of roads to be maintained.
Financial obligations associated with road acquisition and maintenance is a key factor in
evaluating whether an area should be annexed. The City currently uses a Pavement
Condition Index (PCI) to manage priorities for maintenance of City streets. The
program is designed to assure that preventive maintenance is performed on a regular
basis to avoid accelerated pavement deterioration and high replacement costs. This
has implications for annexation decisions because it may make sense to annex
territories sooner while roadways are in good condition rather than risk these facilities
falling into further disrepair. Street maps depicting the current PCI of county roads can
be found in Exhibit C and Exhibit D.
Key Issue — Storm Drainage — Surface water is not managed in a consistent fashion
throughout the County. In some cases, County roads may have drainage ditches along
their edges or no provisions for drainage at all. In response to local drainage problems,
the County has, on occasion, installed grated drywells along the shoulder. Some of the
suburban style (curbed) streets drain to drywells or to rudimentary piped systems that
outfall to a nearby drainage way. In recent years, these drywells have raised
groundwater contamination concerns and there is a possibility that the drywells will
need to be abandoned or flows into them will need to be pretreated.
The City currently has 32 drywells. When a municipality reaches a level of 50 drywells,
it triggers a higher level of monitoring and reporting to State Department of
Environmental Quality (DEQ). These requirements are stringent, time consuming, and
will consume staff resources. In brief, the first phase of complying with DEQ's
underground injection control (UIC) program requires that the City evaluate each UIC to
determine whether it can be retrofitted to meet DEQ's Rule Authorization requirements,
whether it can be decommissioned, or whether it will need to be permitted. These costs
must be factored into the ultimate cost of accepting jurisdiction of roadways with
drywells, or where rehabilitation will require new drywell construction because that is the
only option for handling a local surface water problem. The City's Clean Streams
Program provide a more detailed discussion of what the pertinent UIC regulations are
and what compliance with them will entail.
Key Issue — Septic System Failures and Sewer Extension — Septic system failure is
one of the primary reasons property owners seek annexation to the City. Septic failures
commonly occur due to due to low soil percolation rates and seasonally high
groundwater levels. The relatively small lot sizes in the Rosewood and Lakewood
neighborhoods do not give property owners many options for relocating septic fields on
site. Since 1999, Clackamas County has issued approximately 48 septic permits in the
Council Report
December 29, 2009
Page 7
Rosewood neighborhood. Approximately 20 of these permits were issued in the last
two years. See Exhibit E and Exhibit F for maps of locations where new septic systems
have been approved in the Rosewood and Forest Highlands neighborhoods.
The County requires annexation and connection to City sewer service when the service
is located within 300 feet of the property.
Key Issue — Cost of Sewer Service — For many unincorporated area residents, the
costs associated with connecting to City sewers is a problem. Depending on the
distance to the sewer trunk line, topography, soil conditions, and financing, the cost of
connecting to the City sewer system can vary greatly. If the public sewer line is in the
right-of-way in front of a house with an easy lateral connection, cost can be as low as
$4,000, including systems development charges and lateral construction costs. If the
public sewer line needs to be extended to serve the property and the service lateral is
lengthy, cost can exceed $25,000. The costs differ by site. For a summary breakdown
of connection costs see Exhibit G.
Key Issue — Equity and Cost of Urban Services — When a city is bordered by an
urbanized but unincorporated area, residents of the unincorporated area can draw upon
the services and facilities of the core city. In certain instances, cities often provide a
subsidy to those unincorporated areas.
In the areas surrounding Lake Oswego, the City provides fire protection at a contractual
price, which is less than what area residents would have to pay if the fire districts were
to provide all of their own equipment and staff. In addition, the Police Department
provides crime protection and prevention to those unincorporated residents that work in
or use commercial services in the City. The same is true concerning street
improvements; unincorporated residents use City streets to attend schools, commute to
work, and shop.
The urban subsidy extends to park and library services as well. For a community its
size, Lake Oswego provides unsurpassed library services and community parks and
recreation. The high level of service offered by these facilities is a result of many years
of investments made by City tax payers. Residents from the unincorporated areas have
the benefit of access to City park services and to the enhanced level of service offered
by the City library (although, City library services have been more equalized by the
adoption of last year's Library District levy).
As part of the work on the proposed annexation plan in 2003, the City determined how
much unincorporated areas were being subsidized for the use of existing City services
and bond debt payments (figures have been updated for 2009). Based on an in -City
population of 36,698 and a total community population (in -City + urban service area
residents) of 42,722, the following was calculated:
DEFECTS IN
ORIGINAL
DOCUMENT
Council Report
December 29, 2009
Page 8
On an annual basis, City homeowners are paying approximately $96 more than if
service costs were spread to all community members within the urban services
boundary.
To equalize the cost of City services and debt throughout the urban services
boundary, homeowners in the unincorporated area would pay an additional $570
annually.
Tax Comparison
When a parcel is annexed into the City of Lake Oswego, the household becomes
responsible for contributing to general City services and utilities through taxes and fees.
Because of the quantity and quality of urban services, the levied tax rate in Lake
Oswego is higher than the combined rates of unincorporated Clackamas County and
the relevant special districts. The table below shows a comparison of estimated
property taxes for typical properties in incorporated and unincorporated areas in the
City's urban service boundary. Review of the table suggests Lake Oswego residents
pay approximately $2 more per $1000 of assessed value over what unincorporated
residents pay. These tax dollars contribute to general government services such as
parks and recreation and public safety.
In total, a home in the City of Lake Oswego pays $17.1054 per $1000 of assessed
value. However, the City's portion, including urban renewal, is only 35% of the total tax.
Typical Property Tax Breakout in Lake Oswego
190/- ;" }
City
Education
County
Other
The following table shows a comparison of what an average household in three
unincorporated areas in Lake Oswego's urban service boundary pay now versus what
they would pay if they were annexed into the City limits. In this example, average
assessed values were changed with each neighborhood. County taxes may vary
slightly by neighborhood depending on which special districts serve the neighborhood.
Council Report
December 29, 2009
Page 9
Annual Property Tax Difference Between City and
Unincor orated Areas in Lake Oswego USB
Neighborhood
Rosewood
Forest Highlands
Lake Forest
Assessed Value of Home
$150,000
$300,000
$200,000
Current Property Tax
$2,275
$4,500
$3,000
Property Tax if in City
$2,565
$5,100
$3,400
Annual Difference
$290
$600
$400
In addition to property taxes, annexed households will also be subject to street and
surface water utility fees. Additional bi-monthly fees are charged for sanitary sewer,
stormwater and street maintenance costs. Typical annual fees are:
■ Sanitary Sewer/Wastewater = $470
■ Street Maintenance = $50
■ Surface Water= $100
Annexation Approach and Options
This section describes the City's current annexation approach and options for more
proactive annexation programs. It concludes with a discussion of three case study
areas: Rosewood, Lakewood and Forest Highlands.
Current Approach
The City's current approach for annexing land is reactive. The City offers no incentives
to annex into the City. The annexation process is triggered by an application from a
property owner. Once an annexation application is received, the City sends out
"invitations" to surrounding property owners to encourage them to join in the application
process. This has resulted in additional properties joining in the process approximately
one third of the time.
The current approach tends to create a checkerboard pattern of annexed properties and
islands of unincorporated property. This pattern results in inefficient and redundant
service delivery. City police, fire, and maintenance departments may serve multiple
properties on a street while an un -annexed neighbor will still receive county services.
Other Annexation Methods
Island Annexation — The island annexation process allows cities to annex land that is
entirely surrounded by the City or surrounded except for a border with a river or 1-5.
The process requires at least one public hearing for which notice has been mailed to
each recorded owner of real property in the territory proposed to be annexed.
There are a number of opportunities for island annexations among the unincorporated
areas surrounding the City of Lake Oswego. Exhibit H depicts the islands surrounding
the City and provides a brief description of each area.
Council Report
December 29, 2009
Page 10
Urban Service Provider Annexations — The urban service provider annexation process
provides the opportunity for cities and service districts to plan for future service
provision by defining short and long term service provision roles, specifying the terms
and conditions of withdrawal of territory from service districts and the transition of capital
facility ownership and administration and providing for the coordination of plans and
programs between cities and service districts.
State law requires an annexation plan to address the timing and sequencing of
annexation, the availability urban services, essential urban services needed as a
condition of annexation, and those urban services that would be provided after the
territory is annexed. The effects of the proposed annexation on existing urban service
providers must also be evaluated.
When SB 122 was adopted in 1993, it provided cities with a new method of annexation.
At the time, the process involved an election where the governing body could annex the
territory following a combined vote of electors in the City and the territory to be annexed.
The process was made more restrictive in 2005 when the State legislature required a
majority of the voters in both the territory to be annexed and the City to vote in favor of
the annexation. This double majority vote makes the urban service provider annexation
process a much more difficult method for cities to use to annex unincorporated territory.
Annexation Incentives
There are two types of annexation incentives: financial incentives and infrastructure
based incentives. A list of options that could be used to fund infrastructure programs
follows.
Financial Incentives — A number of financial incentives are being used throughout the
Metro area. Phased taxation is an approach that can be used in combination with any
of the annexation methods. This allows property taxes to be kept at the same rate (or
frozen) for a specific period of time. Once annexed, property taxes can be raised at an
incremental rate until they are equivalent with the city's tax rate. Additional incentives
can be offered through waivers of application fees for annexations and associated zone
changes.
The City of Hillsboro is in the process of implementing an innovative incentive program
to annex islands of county land surrounded by the city. On December 16, 2009,
Hillsboro held a public hearing to annex island properties. Upon adoption of the
proposed island annexation ordinance, properties will be annexed into the city with a
three-year delayed effective date. This means city taxes will not appear on island
property owners' tax bills until 2013. Annexed properties will also receive a no -charge
zone change to city zoning in 2013.
In order to minimize the impact to property owners due to a sudden increase in property
taxes, the Hillsboro City Council offered an additional property tax incentive to island
owners who chose to voluntarily annex by August 28, 2009. For those who annexed
Council Report
December 29, 2009
Page 11
voluntarily, the tax rate will be phased in over five years. This incentive would
noticeably lower island property owners' tax bills until 2015.
For example, an island property with an Assessed Value of $160,000 located in a
typical tax code would save an estimated $1,560 in property taxes over five years. The
Hillsboro City Council has also waived annexation and zone change fees for those that
choose the voluntary annexation option (over $4,000 in savings).
The City of Tigard has also adopted a policy that provides an incentive to annex. The
policy includes a waiver of the annexation application fee and property tax phasing over
a three-year period. The city also pays the Metro mapping and filing fee, assists in the
preparation of the legal description, and waives the pre -application conference fee.
Infrastructure Based Incentives — Another approach for creating an annexation incentive
is for a city to extend sewer lines to areas that are not currently served by sewer.
Access to public sewer service is one of the primary reasons properties annex to a city.
Three alternative approaches include. -
1
nclude:
1. Build the entire sewer system in one effort or in large phases. This approach
would place trunk lines and local lines throughout a neighborhood. Property
owners would need to pay for service laterals to their houses.
2. Build a strategic "backbone" of sewer line. This would involve the construction of
sewers at strategic locations throughout the City. Further extension of the sewer
lines by developers or individual property owners would be relatively simple and
not require lengthy extensions. For example, this approach could include a
design to install sewer lines in locations where they would be within 300 feet of a
majority of properties. (The County Health Department's distance threshold is
300 feet when determining whether a septic system can be rebuilt or whether the
system must be decommissioned and the property must connect to public
sewer.)
3. Design the sewer system and be prepared to promptly extend the system as the
need arises. This approach would require little upfront investment for the design,
but would require the creation of a contingency fund that could be accessed to
respond to a health hazard emergency. The fund should be large enough to
cover the cost of extending the sewer in a worst case scenario, such as an
extension to reach the area most remote from a currently available source.
Funding Options — A variety of funding options are available for the construction of
public sewer facilities as outlined above. They include, but are not limited to, Local
Improvement Districts (LIDs), Zones of Benefit, System Development Charges (SDCs),
private development, and to a limited extent, urban renewal districts. Further discussion
of these funding options can be found in Exhibit I.
Council Report
December 29, 2009
Page 12
Case Studies
The following section examines three different neighborhoods (Rosewood, Forest
Highlands, and Lake Forest) and explores alternative annexation strategies that could
be employed to encourage annexation. Summary data for each of the three
neighborhoods is provided below.
Rosewood
The Rosewood neighborhood is a 332 -acre, mostly unincorporated, area in the
southwest corner of Lake Oswego's urban service area. Of the 890 single-family
homes located in Rosewood, 89% are outside the City limits. Most of the lots in the
Rosewood area are fully built out with little opportunity for further land divisions. There
are a few large lots scattered throughout the area that could be subdivided if sewers
were present. Ground water is high in some areas, leading to poorly performing septic
systems. The County has issued approximately 48 septic system repair/replacement
permits in this neighborhood since 1990 (See map in Exhibit E). Other areas are
relatively free draining and have near -surface boulders and cobbly soil.
There are approximately 40,700 centerline feet (7.7miles) of roadway in the
unincorporated part of Rosewood Neighborhood. More than half of these roads are
County maintained roads and would not become City roads until a formal transfer of
jurisdiction was processed following their annexation. The pavement condition in the
unincorporated part of the Rosewood Neighborhood is evenly distributed among the
fair, satisfactory and good PCI categories. Only a few short segments of roadway are
classified as poor and in need of complete reconstruction. While half the local streets in
the Rosewood neighborhood were constructed with curbs and relatively wide
pavements on good roadbeds, there are no sidewalks or pathways except along the
frontage of properties that were annexed to the City of Lake Oswego in order to
undergo development.
The major annexations in the Rosewood area have come in response to failing septic
systems or development pressure. The Timbergrove Court/Tualata Lane area annexed
' The area inside the City is primarily developed as office, retail, and multi -family (along the Boones Ferry Road ,
Bangy Road, and Kruse Way/ Meadows Road Corridors.
Rosewood
Lake Forest
Forest Highlands
Total Area (acres)
332
624
537
Inside City
37
2991
370
Outside City
295
325
167
Percent acres inside City
11%
48%
69%
Percent acres outside City
89%
52%
21°%
Number of Lots
890 total
1,276 total
800 total
Inside City
90
469
643
Outside City
800
807
157
Rosewood
The Rosewood neighborhood is a 332 -acre, mostly unincorporated, area in the
southwest corner of Lake Oswego's urban service area. Of the 890 single-family
homes located in Rosewood, 89% are outside the City limits. Most of the lots in the
Rosewood area are fully built out with little opportunity for further land divisions. There
are a few large lots scattered throughout the area that could be subdivided if sewers
were present. Ground water is high in some areas, leading to poorly performing septic
systems. The County has issued approximately 48 septic system repair/replacement
permits in this neighborhood since 1990 (See map in Exhibit E). Other areas are
relatively free draining and have near -surface boulders and cobbly soil.
There are approximately 40,700 centerline feet (7.7miles) of roadway in the
unincorporated part of Rosewood Neighborhood. More than half of these roads are
County maintained roads and would not become City roads until a formal transfer of
jurisdiction was processed following their annexation. The pavement condition in the
unincorporated part of the Rosewood Neighborhood is evenly distributed among the
fair, satisfactory and good PCI categories. Only a few short segments of roadway are
classified as poor and in need of complete reconstruction. While half the local streets in
the Rosewood neighborhood were constructed with curbs and relatively wide
pavements on good roadbeds, there are no sidewalks or pathways except along the
frontage of properties that were annexed to the City of Lake Oswego in order to
undergo development.
The major annexations in the Rosewood area have come in response to failing septic
systems or development pressure. The Timbergrove Court/Tualata Lane area annexed
' The area inside the City is primarily developed as office, retail, and multi -family (along the Boones Ferry Road ,
Bangy Road, and Kruse Way/ Meadows Road Corridors.
Council Report
December 29, 2009
Page 13
and formed a Local Improvement District to address failing septic systems. The City
and the Lake Oswego School District partnered to extend the sewer to the Rivergrove
Elementary School because of septic problems there. Recently, parcels along
Pilkington Road have annexed in a cherry stem fashion in order extend the sewer and
build subdivisions.
Opportunities and Options — The Rosewood Neighborhood Association recently
conducted a survey of residents to determine the level of interest in sewer service and
annexation. Over 60% of the 76 people surveyed said they would be interested in City
sewer service if costs were reasonable and conditions were favorable.
Because most of the Rosewood area is fully built out, the prospect for developer built
sewer line extensions is unlikely. Fully providing sewer service to the entire
neighborhood would cost approximately $8.5 million (see Exhibit J). Funding for such
an extensive system could occur through a local improvement district with costs shared
among the approximately 800 properties that would access the sewer.
Sewers needed
51,600 plus lift
(lineal feet)
station
Cost to extend sewer
$ 8.5 million
Design/Build
An incentive program could help address the cost impacts and would help to invite
support of the neighborhood. If a program were to be developed to fully serve the
Rosewood area with sewer service, the most appropriate annexation method might be
the urban service provider annexation process which requires a vote by electors in the
City and electors in the territory to be annexed. The Rosewood area is not an "island"
so the island annexation process is not available. If used in conjunction with the
strategic placement of new sewer trunk lines, the current incremental annexation
process may result in a more logical pattern of annexed property and more efficient
provision of urban services.
Forest Highlands
The Forest Highlands Neighborhood is a patchwork of annexed and unincorporated
properties. As a whole, it is about 537 acres in size and made up of 800 parcels.
Approximately 167 acres (157 parcels or 21 %) remain outside the City limits. Under the
current Comprehensive Plan designations, most of the parcels outside the City limits
are large enough to be partitioned or subdivided into smaller urban lots. Sewers have
been extended through the area as properties have annexed and developed.
Forest Highlands differs from the Rosewood and Lake Forest neighborhoods because
of its steep topography. A number of streams and ravines break up the remaining
2 Assumed to be $160 per lineal foot. Does not include cost of public outreach, administration and council support,
permitting etc
Council Report
December 29, 2009
Page 14
developable areas into a patchwork of unconnected, topographically challenging areas.
Because of the topography and pattern of lots, the street system is not well connected.
Due to the pattern of larger parcels and deeper soils, septic failures are less problematic
than in the Rosewood neighborhood.
Current policy has allowed developers to extend the sewer system incrementally
through private construction. There has been no need to respond to the need for
emergency connections for failed septic systems. The remaining sewers that need to
be built in this area are likely to be extended by the developers of the few remaining
large parcels.
Opportunities and Options — Unlike the Rosewood neighborhood, much of Forest
Highlands is already served by sewer service. Because of the area's development
potential, a City program to serve the entire remaining area or to strategically extend
sewers will be less of an incentive for annexation than in another neighborhood where
there is little opportunity for development. The City engineering staff estimates that fully
serving the Forest Highlands neighborhood with sewer would cost approximately $1.17
million (see Exhibit K).
Sewers needed
7,800
(lineal feet)
Cost to extend sewer 3
$ 1.17 million
Design/build
Because most of the Forest Highlands area is currently surrounded by the City, island
annexation is an available option.
Lake Forest
The Lake Forest neighborhood is a 624 -acre neighborhood that includes not only
residential land, but also the offices along Kruse Way and a mix of office, retail and
multi -family uses along Bangy Road. Approximately 807 (63%) of the 1276 parcels in
the neighborhood are outside the City limits. The unincorporated land includes
commercial land along Bangy Road and a large number of residential lots, many of
which are large enough to be partitioned but not large enough to be subdivided.
There are approximately 41,900 centerline feet (7.9 miles) of roadway in the
unincorporated part of the Lake Forest Neighborhood. Most of these roadways are
local access (unmaintained) roads and would automatically become City roads upon
annexation. More than one-half of the roadways in this neighborhood have a PCI score
below 50, and one-half of those have a score below 25. The older streets in the Lake
Forest neighborhood, irrespective of whether they are classified as "county roads" or
"local access roads," are in need of complete structural rehabilitation. In contrast, some
' Assumed to be $160 per lineal foot. Does not include cost of public outreach, administration and council support,
permitting etc
Council Report
December 29, 2009
Page 15
of the newer local streets (Langford Lane, Winfield Loop) are in good condition, as are
some of the county maintained collectors such as Bonita Road and Carman Drive. One
of the more challenging features in this neighborhood is the extremely high seasonal
ground water level in the vicinity of Baleine Street, and the north ends of Parker Road
and Inverurie Road.
Opportunities and Options — The Lake Forest neighborhood presents some unique
challenges and opportunities. The northern portion of the neighborhood slopes to the
north and is served with sanitary sewer by Clean Water Services (CWS), a special
district that serves most of Washington County. The unincorporated commercial
properties along Bangy Road currently receive sewer service from CWS and therefore
these properties have little or no incentive to annex to the City.
As noted above, annexation of the Lake Forest neighborhood will include some major
road infrastructure costs. Due to the current condition of the existing streets,
maintenance costs in the area will be high.
Unlike the Forest Highlands neighborhood, the parcels in Lake Forest are relatively
small with limited redevelopment potential (generally one additional lot per parcel).
Given the low development potential and the overall value of houses in the
neighborhood, the real estate market has not supported the extension of sewer lines
deep into the neighborhood for additional development. If sewer were available
throughout the residential area, there would be additional pressure for redevelopment
and land divisions. Engineering staff estimates that the cost of fully serving the Lake
Forest neighborhood with sewer would be approximately $7 million.
Sewers needed
44,100
lineal feet
Cost to extend sewer
$ 7 million
Design/build
Lake Forest may be a neighborhood where the strategic extension of one or two lines
might trigger annexation and development. Lake Forest Boulevard would be a good
candidate for this type of extension.
The Lake Forest neighborhood is an island, surrounded by the City and 1-5. It is an
area that could be annexed through the island annexation process but prior to any work
toward annexation of the area there are critical issues that would need to be addressed
including:
• Concerns from area residents about annexation;
• Street improvement costs and responsibilities; and
• Sewer service provision.
a Assumed to be $160 per lineal foot. Does not include cost of public outreach, administration and council support,
permitting etc
Council Report
December 29, 2009
Page 16
If there is further interest in exploring annexation possibilities in the Lake Forest
neighborhood, a more suitable approach may be an incentive driven extension of key
sewer lines and the incremental annexations that would follow.
Options for Other Areas
Other unincorporated areas surrounding the City are generally smaller in area and in
population. Except for a few isolated pockets, the island annexation approach is not
available in these areas. In addition, a few of these areas are fully built out which
greatly limits the opportunity to create development related incentives. The Oak Creek
neighborhood in the northwest corner of the urban services area is fully built out and
served with sanitary sewer by Clean Water Services. The Skylands neighborhood
includes private covenants, conditions, and restrictions that restrict further land division.
While many Birdshill lots are large enough to divide, the large lot character of the
neighborhood has discouraged land divisions and infill. In Skylands and Birdshill, the
primary motivation for annexation will be connections to public sewer service following
failure of septic systems. These requests would likely be initiated by the property
owner.
Alternatives/Financial Impacts
This report has described different annexation methods along with different incentives
that can be used to encourage annexation. Given the diverse nature of different
neighborhoods surrounding Lake Oswego, one uniform approach to address the future
annexation of these areas is unlikely.
Status Quo Approach — Under the status quo approach, the City would continue to
accept annexation requests from land owners and invite surrounding properties to join
in the annexation process. This approach will continue to create the checkerboard of
overlapping services but should not generate a high level of concern from neighborhood
residents. This approach will bring properties into the City in an incremental manner.
Develop an Annexation Incentive Program —An annexation incentive program may
consist of a package of tax and fee waivers that would entice county residents to join
the City. The City of Hillsboro recently offered land owners a five-year phased property
tax program if they would voluntarily annex. Another incentive driven approach would
be to build sewer lines in key locations to lower the costs sewer connections for county
residents. These incentive driven approaches have a public cost — be it waived fees or
infrastructure investments. It is assumed that over time the added value of annexing
land will outweigh the short term public cost. Further analysis is needed to determine
the true costs and benefits of this type of approach. Establishing a pilot incentive
program is another approach that could be explored.
Develop a Strategic Annexation Program — A more strategic annexation program would
likely employ the full range of annexation methods available to the City. In addition to
Council Report
December 29, 2009
Page 17
the incentives discussed above, this approach would use the island annexation method
to annex select island properties and it may also involve reopening talks with
neighborhood representatives to explore development of an annexation plan and use of
the urban service provider annexation method. Neighborhood support for the
annexation plan is mandatory given that state law has changed to require an affirmative
vote in the area to be annexed.
Financial Impacts
Program Costs — Each of the alternatives has differing financial impacts. The Status
Quo approach does not require the outlay of capital or the loss of fees or taxes but it
does result in the inefficient delivery of public services. Street maintenance, police, and
emergency service providers provide indirect services to County residents by serving
adjacent City properties.
An annexation incentive program may involve foregoing taxes and fees to encourage
annexation. The financial impact would be dependent on the scale of the program.
Phased taxes may be enough of an incentive to help some county residents choose
annexation. The costs associated with the strategic extension of sewer service is more
complex. The recovery of these costs may take longer and would depend on
redevelopment potential, the real estate market, and the rate of septic system failure.
A strategic annexation program would involve working with each neighborhood to
determine the best approach to encourage annexation. In some cases this may involve
the incentives discussed above. A strategic annexation program would likely require a
major commitment of staff resources to carry out the program.
Annexation Costs — In almost all cases, the costs associated with annexing a single
property are minimal. Adding a few residents for a property owner initiated request
does not increase the burden on police, fire, parks, recreation, or other services.
Annexing an entire neighborhood has some additional cost implications. Cost impacts
for general government such as administration, municipal court, library, parks, and
recreation would be minimal given that these systems and facilities are already in place.
The service impact to the fire department would also be minimal. With annexation, the
responsibility for protection transfers from the fire district to the City and the City is
currently contracted to provide protection to areas within fire district boundaries. Police
costs may increase given a greater area to patrol. The major costs will be associated
with infrastructure. The extension of sewer service into a neighborhood is a significant
cost. Section IV of the report addressed the full cost of fully serving the case study
neighborhoods with sewer service.
The other infrastructure costs are related to street improvements and storm drainage.
Depending on the location, some streets will require major upgrades to meet City
standards. In some cases, annexation now may lower long term costs because streets
could be maintained at a higher pavement condition index to avoid further deterioration
and potential reconstruction. In addition, there may be future liabilities associated with
Council Report
December 29, 2009
Page 18
the storm drainage in some areas. DEQ may require an upgrade to the City's
underground injection control program at some point in the future.
Tax Revenues and Fees — To offset added costs of annexation, annexed areas would
expand the City's tax base. The following table shows the total assessed values of the
three case study areas and the associated general fund revenues that would be
generated through taxes if the territories were annexed (see Exhibit L for assessed
value data in other areas within the urban services boundary).
Upon annexation, the City would also receive franchise fees from telecommunications
and energy providers for the annexed properties. The amount the City receives from
the franchisees is a percentage of their gross revenue. Further analysis would be
needed to evaluate whether the tax revenues and franchise fees expected from a
particular area would pay for the costs associated with annexing the property. The
costs will be dependent on the infrastructure improvements needed in an area and the
approach used to pay for those improvements.
CONCLUSION
Embedded in the City's Comprehensive Plan are policies that direct the City to be the
primary urban service provider within our urban services boundary. As such, the City is
responsible for planning the delivery of services and ultimately for annexing these
areas. In addition, there is a public health objective to help alleviate reliance on septic
systems and to correct other surface water problems by providing sanitary sewer
service and storm drainage facilities.
Given these responsibilities, it is important that the City have a program that takes a
systematic and thoughtful approach to annexation. The City's current incremental
approach is driven by applications from landowners. This approach is reactive rather
than proactive, but it is responsive. In almost every case, annexation occurs so that
sewer service can be provided. The system works and it relies primarily on the private
sector to extend sewer lines. The disadvantage of this system has been a patchwork
pattern of City and county properties with overlapping service areas.
Rosewood
Lake Forest
Forest Highlands
Acres
282.1
345.7
165.4
Total Assessed
$292,014,354
$311,499,983
$287,170,785
Value
Potential General
$1,451,399
$1,548,248
$468,049
Fund Revenue/
Year
Upon annexation, the City would also receive franchise fees from telecommunications
and energy providers for the annexed properties. The amount the City receives from
the franchisees is a percentage of their gross revenue. Further analysis would be
needed to evaluate whether the tax revenues and franchise fees expected from a
particular area would pay for the costs associated with annexing the property. The
costs will be dependent on the infrastructure improvements needed in an area and the
approach used to pay for those improvements.
CONCLUSION
Embedded in the City's Comprehensive Plan are policies that direct the City to be the
primary urban service provider within our urban services boundary. As such, the City is
responsible for planning the delivery of services and ultimately for annexing these
areas. In addition, there is a public health objective to help alleviate reliance on septic
systems and to correct other surface water problems by providing sanitary sewer
service and storm drainage facilities.
Given these responsibilities, it is important that the City have a program that takes a
systematic and thoughtful approach to annexation. The City's current incremental
approach is driven by applications from landowners. This approach is reactive rather
than proactive, but it is responsive. In almost every case, annexation occurs so that
sewer service can be provided. The system works and it relies primarily on the private
sector to extend sewer lines. The disadvantage of this system has been a patchwork
pattern of City and county properties with overlapping service areas.
Council Report
December 29, 2009
Page 19
This report has been generated to identify annexation issues and to suggest alternative
approaches that can be used to address annexation. There is no "right" approach.
There are options to be considered and evaluated.
EXHIBITS
A. Lake Oswego Comprehensive Plan Policies
B. Annexation Subarea Information
C. Rosewood Neighborhood Street Condition (PCI) Index
D. Lake Forest Neighborhood Street Condition (PCI) Index
E. Approved Septic Permits within the Rosewood Neighborhood Association Boundary
F. Approved Septic Permits within the Forest Highlands Neighborhood Association Boundary
G. Sanitary Sewer Connection Costs
H. Map and Text — Unincorporated Islands
I. Funding Options
J. Rosewood Neighborhood Sanitary Sewer
K. Lake Forest Neighborhood Sanitary Sewer
L. Urban Service Area Information
Revi
Alex Det
City Manager
Exhibit A
Lake Oswego Comprehensive Plan Policies
Lake Oswego's Comprehensive Plan specifically provides for annexations. City Goal
14, Urbanization has an underlying principle to work in conjunction with adjacent
jurisdictions and Metro to control urban sprawl and enhance livability by managing
growth in an orderly and efficient manner to establish a stable and predictable land use
pattern.
City Goal 14 ensures that the rate, amount, type, location and cost of population growth
and development within or outside the Urban Service Boundary will not diminish the
quality of life the City has presently attained.
Under this goal, there are five specific policies relating to annexation:
Policy 10: The Urban Services Boundary (USB) is Lake Oswego's ultimate growth
area within which the City shall be the eventual provider of the full range of
urban services.
Policy 11: Unincorporated property shall be required to annex prior to the receipt of
City sanitary sewer service or City water service except as set forth below:
(a). Each of the following conditions must be met to provide
unincorporated property with City sanitary sewer service prior to
annexation:
1. The property shall be located within the Lake Oswego Urban
Services Boundary;
2. An existing sanitary sewer line operated by the City to which
connection can be made in accordance with subsection (4) below is
within 300 feet of the property;
3. The County has found that the septic system serving the property is
failing and the County has directed connection to a sanitary sewer
system;
4. The extension of a sanitary sewer line to be connected to the City
sanitary sewer line shall be subject to acceptance of an approved
plan by the City Engineer; and
5. Immediate annexation is not feasible and the Owner has executed
a consent for future annexation.
(b). City water service to unincorporated property shall require prior
annexation or execution of a consent for future annexation. In no case will
consent for future annexation be accepted where immediate annexation is
feasible.
Policy 12: Lake Oswego shall initiate island annexations to:
a. Create logical City boundaries
b. Provide economic and efficient provision of City services to existing
and proposed development within the subject area, and to adjacent
land, and,
c. Equitably distribute costs for those City services enjoyed by residents
of island areas.
Policy 13: Ensure that annexation of new territory or expansion of Lake Oswego's
Urban Service Boundary does not:
a. Detract from the City's ability to provide services to existing residents;
and,
b. Result in property owners paying for urban services which do not
benefit them.
Policy 18: Lake Oswego shall be responsible for development coordination and
implementation of the Public Facility Plan (PFP) for lands with the urban
services boundary to ensure predictable and logical provision of urban
services to lands within the USB.
DEFECTS IN
ORIGINAL
DOCUMENT
Exhibit B
Annexation Subarea Information
(Taken from the 2003 Annexation Study)
-vopwation estimates assumes a 5% vacancy rate and 2.42 persons per household based on 2000 census Census and
metro model information. This table was assembled as a part of the 2003 annexation study. The number of dwelling
units, population and assessed value of each area has likely increased.
Area
Dwelling
Population
Current Public Service
sed
Subarea
(Acres)
Units
Providers
Value
Southwood
5
298
685
CWS, SPWD, LGPD,
42,681,935
Park
County, LGFD
Forest
197
157
361
LGFD, LGPD, County
48,254,316
Highlands
Birdshill
152
152
349
County, PWD, RFD, D,/
70,204,821
RSD
Skylands
108
83
191
County, Skylands Water
48,513,031
(private),TVFR
Childs
9.5
12
28
County, TVFR, RWD
3,313,942
Rosewood
245
793
1823
LGFD, County, RWD,
117963,666
LGPD
Lake Forest
349
1000
2299
Part CWS, LGPD, Part
166,823,126
LGFD, TVFR, LGWD
Total
1115.5
2495
5736
497,754,867
-vopwation estimates assumes a 5% vacancy rate and 2.42 persons per household based on 2000 census Census and
metro model information. This table was assembled as a part of the 2003 annexation study. The number of dwelling
units, population and assessed value of each area has likely increased.
Exhibit C
Rosewood Neighborhood Street Condition (PCI) Index
Rosewood
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Lake Forest Neighborhood Street Condition (PCI) Index
.Ac hwcst
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SUNSET
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Approved Septic Permits within the Rosewood Neighborhood Association
Boundary Since 1990
*Properties outlined in yellow are within 300 feet of a sewer line.
Appr•ed Septic Dermrts Within "ee i t =
_�—!ryl"IIII iose good Vooeidhb'Z ood Associa::on Boundary . I! �♦
F t e S.nce 1990
It
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� t :': s � i .'. .. � 1 ! te:•s F _ '�•4 � � :! Itls¢3 •_ t• I
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1 `♦'' i�t '....?.(Fill— it.!(i —!!� F ` .� �i _ ! nit•. —ii tet
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2 t �.-----= t s—=_ '• E T--, .. —t •,. t ! .�' Rosewood Neighborhood
`. -\ • i 1 i1 City of Laine 6swepo JW
Lr
Exhibit F
Approved Septic Permits Within the Forest Highlands Neighborhood Association
Boundary Since 1990
*Properties outlined in yellow are within 300 feet of a sewer line
Approved Sepptic Pen its Winn the forest -
ighla^ds Sei ghborhood Assouai on Boundary
Smce 1997 !
It
a
_ r}t:it tta
_ !–vC _ 7 J ! } t t _ t ° �' i � 1 S e Y•.iw�! "'�• is;it7et `s
_ 1 i 7 f : i T �•
Fores' High ands Neighborhood
Ci -.v of Lake Qswego
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Exhibit G
Sanitary Sewer Connection Costs
Costs to connect to sanitary sewer vary by site. Costs are dependent on a
variety of factors including distance to an existing sewer line, line size, line depth,
topography, and soil conditions. In addition, the funding method used to pay for
the line extension will impact costs.
Basic costs are listed below:
Street Opening Permit: $300 (only required if excavation must occur in
the street. Usually the lateral is stubbed to the
property and a street opening permit is not
necessary).
2008 Sanitary Extension
Program Line Charge: $16,796.00'
System Development Charges: SDC charges range from $2,125 for a property
served by a %-inch water meter to $3,543 for a
property served by a 1 -inch meter.
Construction of a
Private Lateral: From ROW to Home: $1,000 to $7,000 — This
does not include the cost of decommissioning
the septic system.
Monthly Sanitary Charge: $39.22 per two-month period (base rate). The
City has a combined water and sewer bill
system and the bills are sent bi-monthly.
Rates are calculated from average winter water
consumption and are approximately $60.00 per
two-month period.
' The current line charge found in Lake Oswego's Master Fee List was derived from historic sewer costs. The cost
may be higher or lower depending on the scope, magnitude and complexity of the project. Some of the more
complex projects may be higher in cost. Projects could be funded through an alternative Local Improvement
District (LID) or Zone of Benefit (ZOB).
DEFECTS IN
ORIGINAL
DOCUMENT
Map
Unincorporated Islands
County Islands
City of Lake Oswego (10127/09)
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Exhibit H
Text
Unincorporated Islands
■ The Birdshill Neighborhood — The neighborhood includes islands along Stampher
Road and the southern portion of Fielding Road. Approximately 27 parcels are
surrounded by the City and the river.
■ Forest Highlands Neighborhood — All but a small amount of land abutting Multnomah
County is surrounded by the City limits (26 parcels). Approximately 131 parcels
make up 13 different islands in the Forest Highlands area.
■ Lake Forest Neighborhood — 807 parcels within the Lake Forest neighborhood are
surrounded by the City and the 1-5 freeway. This represents 63% of the total
number of parcels in the neighborhood (469 parcels are currently in the City). Seven
different islands exist in Lake Forest but all but about 30 parcels are within a single
island.
■ Lake Grove Neighborhood — 30 parcels are surrounded by the City along Upper
Drive.
■ Rosewood Neighborhood — Only three parcels in the Rosewood neighborhood are
within an island. The neighborhood is not considered an island because it abuts
another city (the City of Rivergrove).
■ Skylands Neighborhood — Three parcels are within two islands in the Skylands
neighborhood.
■ Glenmorrie Neighborhood — There is one island parcel that is adjacent to the
Willamette River within Glenmorrie.
Exhibit I
Funding Options
LID: A local improvement district (LID) is a geographic area in which real
property is taxed to defray all or part of the costs of a public improvement. The
distinctive feature of this type of special assessment is that its costs are
apportioned according to the estimated benefit that will accrue to each property.
In Oregon, local improvement districts are governed by local ordinances but the
Bancroft Bonding Act (ORS 223.205-295) addresses the means by which local
governments may finance public improvements.
Zone of Benefit: A zone of benefit is the area that benefits from the construction
of sewer, water, surface water management or street improvements financed in
whole or in part by a person without the formation of a local improvement district.
LOC 40.04.020 governs the formation of a zone of benefit and provides a method
to reimburse a person (or in some cases the City) who finances the construction
of a sewer, water, surface water management or street improvement in whole or
in a disproportionately large part. The zone of benefit process is intended to be
used to mitigate the cost of financing such public improvements by distributing
those costs to other benefited property owners at the time those benefited
property owners connect to or make use of the improvement.
System Development Charges: The purpose of the System Development
Charge (SDC) is to impose a portion of the cost of capital improvements for
water, wastewater, drainage, streets, flood control, and parks and recreation
upon those developments that create the need for or increase the demands on
capital improvements.
An SDC is a reimbursement fee, or improvement fee or a combination thereof
assessed or collected at the time of increased usage of a capital improvement, at
the time of issuance of a development permit or building permit, or at the time of
connection to the capital improvement. System Development Charges provide
financing for the construction of future utilities and infrastructure.
Private Development - Partitions / Subdivisions: A complete set of utilities
are required as a part of all development in the City of Lake Oswego in
accordance with the City Engineering division's policies, design standards,
technical specifications, and standard details. These include, but are not limited
to: sanitary sewer systems, streets, water distribution systems, sidewalks and
pathways, street and traffic control signs, and street lights. Sanitary sewers must
be installed so that they serve the development and need to be designed for
future capacity and to accommodate future extension. In some cases, the sewer
must be extended beyond the development to accommodate future connections.
System Development Charges are reduced or waived entirely, in order to defray
the cost of any offsite extension. The construction of these facilities through land
development provides the majority of the City's public infrastructure.
Urban Renewal District: Urban renewal districts are established to improve a
blighted area of a city. In the case of land in the city's urban services area,
"blighted" may mean an area or neighborhood without sewer service. An urban
renewal agency can be created to get additional property tax funding to make the
needed improvements to the area. The end result of an urban renewal district is
a more vibrant and prosperous community that yields more property tax revenue
for the city. The method that an urban renewal agency uses to determine the
property taxes that it will receive is called "tax increment financing". Tax
increment financing essentially freezes the taxes at the time the agency is
formed and allocates this frozen amount back to the various districts every year
and then captures taxes from the incremental growth in the urban renewal area
and allocates this portion back to the urban renewal agency. An urban renewal
district would allow the use of tax increment financing for a variety of public
improvement projects designed to stimulate development and reduce the cost of
redevelopment projects.
DEFECTS IN
ORIGINAL
DOCUMENT
Rosewood Neighborhood Sanitary Sewer
r__I_!I_ea v
Lake Forest Neighborhood Sanitary Sewer
Lake Forest Neighborhood '
g Existing Wastewater Lines
Sanitary Sewer
Needed Lines
:♦ .
Neighborhood Boundary
:; , •;.:,.... . ; � -y �` �����, Lake Oswego City Limits -PI
.
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Exhibit L
Urban Service Area Information
Unincorporated
Area (Identified
by Neighborhood
Association)L-
Land area
S , Ft ,.,
Number of
Sin
Family
4_
Dwellings
2008 Assessed Values
Po ulation
Multiple
Family
Dwellings
Single
Family
Residenc
Multiple
Family
Re§j�dgAc .
SFR
(2.56 per
person
. d. '
MFR
(1.43 per
person
Oak Creek
366,660
8.4
298
$105,124,852
763
0
Forest Highlands
7,202,867
165.4
128
$95,378,184
328
0
Birdshill
7,416,528
170.3
134
$178,372,113
343
0
Lake Forest
15,058,665
345.7
746
297
$287,170,785
$24,329,198
1,910
425
Rosewood
12,287,656
282.1
792
$292,014,354
21028
0
Skylands
4,763,252
109.3
80
$95,229,399
205
0
Westrid e
598,884
13.7
2
$1,557,093
5
0
Stafford Tualatin
337,050
7.7
9
$5,404,405
23
0
Lake Grove
546,948
12.6
17
$6,029,828
44
0
Totals
48,578,511
1,115.2
2,206
297
$1,090,610,211
5,647
425