HomeMy WebLinkAboutAgenda Packet - 2026-02-17 AGENDA
4v+ E CITY COUNCIL MEETING
Tuesday, February 17, 2026
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O 3 p.m.
City Hall Council Chamber—3rd Floor
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380 A Avenue, Lake Oswego, OR 97034
Staff Contact: Laural Hawkins, CityRecorder@LakeOswego.City
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5
This meeting will be livestreamed on the City's YouTube Channel and at lakeoswego.city.
The meeting will also be broadcasted live on Tualatin Valley Community TV; check tvctv.org for details.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT
The purpose of Public Comment is to allow community members 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 three minutes per individual shall apply. Public Comment will not
exceed thirty minutes in total,unless changed by the Mayor. If you are unable to attend the
meeting and prefer to provide public comment in writing, by phone or electronically, please
email the City Recorder by noon the day of the meeting.
5. 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 on the Consent Agenda.
Motion: Move to adopt the Consent Agenda.
5.1 Approval of City Council Meeting Minutes
• November 18, 2025, Draft Regular Meeting Minutes
• December 2, 2025, Draft Regular Meeting Minutes
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503-635-0215 380 A AVENUE PO Box 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
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• December 16, 2025, Draft Regular Meeting Minutes
Motion: Move to approve minutes as written.
5.2 Ordinance 2971 and Findings, 4000 Kruse Way Place Rezoning (LU 25-0029)
Motion: Move to enact Ordinance 2971 and adopt findings for LU 25-0029.
5.3 Resolution 26-04, Ratifying a Proposed Collective Bargaining Agreement Between the
Lake Oswego Police Officers Association (LOPOA) and the City of Lake Oswego
Motion: Move to adopt Resolution 26-04.
5.4 Resolution 26-07, Supplemental Budget
Motion: Move to adopt Resolution 26-07.
5.5 Resolution 26-11, Approving the Appointment of Megan Phelan as the City Manager Pro
Tern
Motion: Move to adopt Resolution 26-11.
5.6 Award a Public Improvement Contract for the Construction of WO 355 Redfern Avenue
Stormwater Improvement Project
Motion: Move to authorize the City Manager to sign a Public Improvement Contract
with Turney Excavation, Inc. in the amount of$619,645.00 for the construction of Work
Order 355 Redfern Avenue Stormwater Improvement Project.
6. ITEMS REMOVED FROM CONSENT AGENDA
7. COUNCIL BUSINESS
7.1 Ordinance 2964 and Findings, Home Occupation Code Amendments (LU 25-0002)
Motion: Move to enact Ordinance 2964 and adopt findings for LU 25-0002.
7.2 Resolution 26-08, South Shore Fire Station Referral for the May 19, 2026, Election
Motion: Move to adopt Resolution 26-08.
8. STUDY SESSION
8.1 Oregon Housing Needs Analysis Update
9. INFORMATION FROM COUNCIL
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503-635-0215 380 A AVENUE PO Box 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 3
10. REPORTS OF OFFICERS
11. EXECUTIVE SESSION
The Lake Oswego City Council will meet under the authority of ORS 192.660(2)(h) to
consult with an attorney regarding legal rights and duties of a public body with regard to
current litigation or litigation likely to be filed, and (f) to consider records that are
exempt by law from public inspection.
12. ADJOURNMENT
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503-635-0215 380 A AVENUE PO Box 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
5.1
COUNCIL REPORT
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OREGO�
Subject: Approval of City Council Meeting Minutes
Meeting Date: February 17, 2026 Staff Member: Laural Hawkins, City Recorder
Report Date: February 6, 2026 Department: City Manager's Office
Action Required Advisory Board/Commission Recommendation
❑X Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑ Resolution , ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑X Consent Agenda
Staff Recommendation: Approve minutes as written.
Recommended Language for Motion: Move to approve minutes as written.
Project/ Issue Relates To: NA
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable
ATTACHMENTS
1. November 18, 2025 Draft Regular Meeting Minutes
2. December 2, 2025 Draft Regular Meeting Minutes
3. December 16, 2025 Draft Regular Meeting Minutes
Respect. e 'erce Trust. Se'vice
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
ATTACHMENT 1
F� F�
O JtL CITY COUNCIL REGULAR MEETING
n MINUTES
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November 18,2025
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1. CALL TO ORDER
Mayor Buck called the regular City Council meeting to order at 3:01 p.m. on Tuesday, November 18,
2025.The meeting was held both virtually via video conferencing and in-person in the Council Chamber
at City Hall 380 A Avenue.
2. ROLL CALL
Present: Mayor Buck, Councilors Corrigan, Mboup, and Wendland
Councilors Rapf and Verdick were excused. Councilor Afghan was absent.
Staff Present: City Manager Martha Bennett, City Attorney Ellen Osoinach, City Recorder Laural
Hawkins, Assistant City Manager Megan Phelan, Finance Director Shawn Cross,
Public Works Director/City Engineer Erica Rooney, Community Development
Director Jessica Numanoglu
Others Present: Cascadia Partners Consultant Sara Goldstein, Consultant Arborist Christine Johnson,
City Contract Arborist Morgan Holen
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
4. PUBLIC COMMENT
There was none.
5. COUNCIL BUSINESS
5.1 Options for Support of those Impacted by Loss of SNAP Benefits and Food Insecurity
Assistant City Manager Phelan presented the Council Report, reviewing the following options for
Council's consideration to assist those impacted by the loss of Supplemental Nutrition Assistance
Program (SNAP) benefits: the City's two utility billing assistance programs; approximately$20,000
remaining in Municipal Grants, originally reserved for distribution in the spring by the Municipal Grants
Subcommittee; enhanced coordination with Meals on Wheels and/or the Adult Community Center; and
utilizing the City's communication channels and social media outlets to promote a community
awareness campaign about food insecurity assistance services and programs.The City could also
consider a fundraising event to raise awareness and donations. Staff recommended allocating the
remaining Municipal Grants funds to Hunger Fighters Oregon and begin a community campaign this
City Council Regular Meeting Minutes Page 1 of 10
November 18, 2025
month. If Council agreed, an amended grant resolution would be presented at a future meeting.
Mayor Buck noted that since Council discussed the matter at the last meeting, SNAP benefits have been
fully disbursed to Oregon recipients and the community provided substantial support to the local food
pantry. It remained useful for Council to be aware of options going forward, but at this time, it was
prudent for the City to retain its financial resources, knowing they could be allocated in the future if
needed. Pursuing some communications would still be beneficial, such as adding a more direct link on
the City's website to services like the utility billing assistance programs.
Staff noted utility billing staff did an excellent job communicating with residents about available options
regarding utility issues and confirmed the City's website could be organized to make utility billing
assistance and other services easier to find.While Lake Oswego's specific data was not available,just
over 49,000 people received SNAP in Clackamas County.
Mayor Buck noted most local information comes from the School District, which the food pantry used
for outreach.A positive outcome of the situation was increased awareness of the program, highlighting
both the diversity of community members who rely on SNAP and the resources available for those in
need and those able to contribute.
Council agreed to not allocate funding to Hunger Fighters Oregon at this time and receive an update in
the future to further the discussion.
6. STUDY SESSION
6.1 Resolution 25-10, Master Fees and Charges Schedule for 2026
Finance Director Cross presented the Council Report via PowerPoint, reviewing current economic
indicators and their implications for upcoming utility rate adjustments, such as the Consumer Price
Index (CPI), which averaged around 3 percent over the past decade but had risen in recent years,
affecting City contracts that are tied to CPI and contributing to a tighter financial landscape.The
following rate adjustments across the utility funds were recommended: a 3 percent increase for
Stormwater to keep pace with capital needs; a 3.2 percent increase for the Street Fund based on the
Engineering News-Record (ENR) 20-City Construction Cost Index; and a projected 3.9 percent annual
increase for Sewer rates over the long term, reflecting updated modeling for the wastewater treatment
plant and anticipated bonding needs in 2027-2028. For the Water utility, a 2 percent increase was
recommended, driven by operational costs rather than debt service, with long-term trends showing
reduced total water consumption under the tiered rate structure even as the population had grown.The
variability caused by wet versus dry years was also noted.The presentation concluded with an overview
of the combined customer impact, estimating an average monthly increase of 3.1 percent, or
approximately$6.11, along with preliminary projections for next year's rate adjustments.
Questions and comments from Councilors were addressed by Staff as follows:
• Stormwater capital projects primarily involved redoing big stormwater lines or installing catch
basins. With the dig once policy,when a new street is installed or a street project moved up,the
stormwater projects were shifted as well because storm drains and catch basins were installed at
the same time. Street sweeping to clean the leaves in the fall fell under operation costs. Concerns
about the reduced frequency of street sweeping would be addressed after the presentation.
• The data presented was the projected capital going into the Wastewater Project/Sewer Fund from
all funding sources, based on what the City had with EPCOR.
City Council Regular Meeting Minutes Page 2 of 10
November 18, 2025
• The Water Fund balance was currently around $14 million. If all Water Master Plan projects are
completed and the City issues $15 million to $20 million in Full Faith and Credit Bonds to fund them,
the recommended 2 percent rate increases could be maintained.The Water Fund bar graph
reflected the projected fund balance assuming all planned Capital Improvement Plan (CIP) projects
are executed.The City had been saving money in the Ending Fund Balance to cover water projects
that have been delayed. Under this model,the City would issue approximately$14 million in bonds
for future projects,which remained consistent with the planned 2 percent annual rate increases
over the next 5 to 10 years.The money was spread over 20 years, and the model used a 4.5 percent
interest rate for the bonds.
• Debt was issued on a near-annual basis to fund ongoing projects. Debt was floated for projects and
repaid through rates.The debt structure did not significantly increase, so it did not materially affect
rates.The 2013 debt issuance would be fully repaid in 2033.The 2007 Water Fund debt was
refinanced and would be fully paid off within the next year.The City would continue borrowing but
had sufficient revenue through rates to repay debt continuously, which allowed projects to be
funded without requiring a large one-time rate increase of 25-45 percent.The strategy balanced
maintaining reasonably flat rates with avoiding an excessively large reserve.
• Generally, capital projects were keeping pace with OP needs.The Water Master Plan and related
CIP planning ensured projects were aligned with identified needs.
• LOIS would be repaid in 2036.
Mayor Buck noted recent discussions about street maintenance and the pavement condition index
(PCI),that project costs had risen significantly, and that even with existing funding levels, including a
substantial General Fund allocation, pavement condition was still trending downward.The Mayor
suggested Staff prepare an analysis of potential options for generating additional revenue to support
pavement preservation and avoid future costs associated with major deterioration. Staff confirmed that
one option would be to evaluate revenue tools beyond the General Fund, including consideration of
franchising City-owned utilities, although this would effectively function as a rate increase. Revenue
options could be brought to Council the following spring or summer for consideration in the next budget
cycle,given that changes to the master fees and charges schedule occur annually.
Council commented on escalating paving costs and ways to increase paving revenue without sacrificing
other important components of the Street Fund, such as the potential impact of small monthly increases
to the street maintenance fee for improving the pavement condition index(PCI).While a long-term goal
of 80 PCI was desired, it would require substantial additional investment. Increasing the Street Fund
slightly to get ahead of the curve was suggested to avoid sharp fee increases or significant deterioration
resulting in big Street Fund deficits.
Staff clarified that paving costs generally followed the Construction Cost Index, which the City used for
Public Works' departments. A prior 50 percent increase to the street maintenance fee had been
targeted toward pedestrian improvements, reducing the portion available for pavement work. Options
existed within the Street Fund for re-balancing priorities. However, an organized pavement
management effort was underway and recent paving bids had come in more favorably than estimated.
The PCI had dipped in recent years as bond-funded pavement work was completed and subsequent
activity slowed, but the index was anticipated to begin to rise again.
City Manager Bennett recommended placing the topic on the 2026 Council work plan due to
uncertainty related to the forthcoming State transportation funding package,which could materially
affect the Street Fund.Any fee changes could be considered during the annual update to the master
City Council Regular Meeting Minutes Page 3 of 10
November 18, 2025
fees and charges schedule,which would apply to rates taking effect in 2027, while the subject rate
adjustments would take effect July 1, 2026.
Public Works Director/City Engineer Rooney confirmed street sweeping operations had not changed,
but heavy leaf fall made recent work difficult to see only days afterward. Some locations, such as Boca
Ratan, required repeated attention because leaves accumulating over catch basin grates created
flooding risks during rain events. Arterials were being prioritized, meaning not all smaller areas had been
swept. Certain Parks facilities were also being swept. Sweepers operated at only 1 to 3 mph, and one
unit was typically down for repairs due to the complexity of the equipment. Residents placing piles of
leaves in the street further slowed progress. Weekend shifts, including potential Sunday coverage,were
being used to expand service. Public Works Director/City Engineer Rooney could be contacted about
specific locations needing attention.
Councilor Wendland reflected on whether the City had an adequate number of street sweepers, noting
that because one sweeper was frequently out of service, it raised the question of whether adding a
fourth unit to the capital budget was necessary. Public expectations for sweeping had grown with the
expansion of pedestrian pathways, which highlighted the importance of preventing slipping hazards for
people who continue to walk and bike through the winter months.The heaviest leaf-drop occurs within
an eight-to 12-week period, and the City's extensive tree canopy contributed to the seasonal demand.
Staff would present the resolution on the Master Fees and Charges Schedule to Council on December 2,
2025, and Council would discuss street funding sometime next year.
6.2 Tree Regulation Amendments Project(PP 24-0006)
Sara Goldstein, Consultant, and Christine Johnson,Consultant Arborist,Cascadia Partners;Community
Development Director Numanoglu; and City Contract Arborist Holen presented four alternative Tree
Code amendment concepts via PowerPoint, contrasting them with existing Code and noting the majority
of the Tree Code would remain unchanged apart from targeted updates to the Urban Community
Forestry Plan and revisions required under State law.The City's Tree Code had been functioning
effectively and continued to support a canopy coverage of approximately 50 percent. An overview was
provided of the project objectives, schedule, and key regulatory issues, along with policy considerations
related to needed housing and other development impacts.The State requirement for clear and
objective standards for needed housing was reviewed, and the City must offer a clear and objective path
for a subset of Type II development-related tree-removal applications,while still permitting
discretionary review as an option.
• The first draft Code concept addressed creating clear and objective retention standards for
residential development with three alternative concepts based on: 1) retaining a percentage of total
trees on a lot or a percentage of the total diameter at breast height (DBH), 2) exemptions for trees
within the building envelope on lots 5,000 square feet or less or lots no larger than 15 percent of the
minimum lot size required in the zone, and 3) removing the significant tree alternatives analysis and
directing applicants to the percentage-based standard, while incentivizing retention of native trees.
The Tree Task Force supported allowing both options for retaining trees,tree exemptions for small
lots only, and bonus credits for retaining native trees.
The project team addressed questions and comments consultants the project team with additional
Councilor comments as noted:
• Clear and objective standards were defined as anything measurable, such as number, percentage,
distance, height, or canopy spread. Some qualitative standards, such as aesthetics or neighborhood
City Council Regular Meeting Minutes Page 4 of 10
November 18, 2025
character, could be translated into quantitative measures, for example by using canopy spread to
represent tree health or visual impact.
• Councilor Mboup expressed concern that relying solely on measurable standards overlooked
the broader value trees represent to residents.
• The term "reasonable" concerning fees or time was not clear and objective, and the intent of the
language was undefined.The City would have to make a proposal "within reason". For example,to
say a tree over 6 inches in diameter could not be removed is clear and objective but also
unreasonable in terms of cost and delay because then almost every application would fall into the
discretionary process. "Reasonable" was a likely way to give cities more discretion than the rule
otherwise indicated.
• The 33 percent retention rate was just a placeholder. Peer cities examined included Portland and
Bend in Oregon; Washington, DC; and Bellevue,Washington. Portland had a flexible retention rate
based on density. In Lake Oswego, someone could apply for tree removal, meet the minimum
requirement, and then come back later to remove more trees with a landscaping ask. However, if
applicants just met the minimum percentage requirements and used the clear and objective
process, when they came back for landscaping, it would be through the discretionary process as
currently proposed. Staff planned to improve current discretionary process standards to make them
easier to administer.
• Councilor Wendland challenged the rationale for the 5,000 square foot, small-lot exemption, noting
it applies to only a third of lots and risks creating unequal treatment; standards should cover most
properties unless there was a clear justification.The 15-inch diameter threshold was also
questioned,given typical tree sizes, and using the data was suggested to educate policymakers on
average conditions and permit trends.
• Staff explained the thresholds come from existing Type I/II distinctions and that the small-lot
exemption prevents forcing retention of trees directly in a required building envelope. Larger
lots generally have more flexibility,though case studies could help calibrate retention
percentages.The exemption for small lots was also an incentive.
• Mayor Buck emphasized that the exemption exists to ensure small-lot applicants can
realistically use the clear and objective path; otherwise, many would be pushed into
discretionary review, which State law disfavors for housing.
• Councilors Wendland and Mboup expressed that limiting the clear and objective option to
certain lot sizes could create fairness and perception issues. Staff noted that if the City adopted
a single path for all Type II trees, it would have to be clear and objective and could permit more
removals. Data from 2020 to 2024 showed only 16%of removals were development-related,
addressing concerns about developer leniency.
• The requirement that tree codes must be subject to clear and objective standards just passed with
House Bill 2138, but Staff did not know if the concept had been tested yet. Other cities the team
examined did not have the same law as Oregon. Lake Oswego was compared to Washington, DC,
due to having large, mature trees like the City was trying to retain, similar density and size, and
similar tree canopy coverage. Different cities were also examined for tree code challenges similar to
Lake Oswego's and how recently they had redone their tree codes.The State would need to approve
the changes, and a defensible system would need developed because changes will be made to the
Community Development Code and Tree Code.The City would notify the Department of Land
Conservation and Development (DLCD), which will review the changes.There would be a
Comprehensive Plan amendment review by the State. Portland and Milwaukie were the cities
closest to using the concept of percentages of preservation to see the impact on the canopy, but
neither had the Lake Oswego's level of tree canopy,which was one of the highest in the region.
Currently the City had no minimum retention requirements.
City Council Regular Meeting Minutes Page 5 of 10
November 18, 2025
• Under the clear-and-objective path, an applicant who could not meet the minimum tree-or DBH-
retention percentage would have to pay a per-inch mitigation fee for the deficit unless they chose
the discretionary process. Mitigation fees could be calibrated high enough to act as a deterrent, or
the City could prohibit a fee-in-lieu altogether and require use of the discretionary track. Portland
was one jurisdiction with a high per-inch fee and no discretionary alternative.
• Mayor Buck suggested a middle-ground approach: allow a fee to remove trees located within the
building envelope but prohibit a fee-in-lieu for trees outside the envelope.
• Staff noted this largely resembled the current Type II review framework, where discretionary
review would still apply if removal exceeded the clear-and-objective allowances.
• Staff confirmed two options would be available for tree removal on lots larger than 5,000 square
feet when a house footprint conflicted with an existing tree. Under the clear-and-objective path, an
applicant could remove a tree within the building envelope if the remaining trees on the lot still met
the minimum retention requirements. If the lot had only that single tree and minimum retention
could not be met,the applicant could either pay a fee-in-lieu for the missing inches or proceed
through the discretionary review process. A path would always exist to request tree removal.
• Councilor Wendland noted that the Tree Task Force had generally approached the issue from a
Forestry Plan perspective,while Council was also balancing housing production standards and the
statewide housing shortage. Policy should be crafted that recognized both tree preservation and
residents' interests, providing incentives for those who valued and wanted to support trees without
creating unnecessary complexity for isolated cases.
Mayor Buck noted Council's consensus regarding the clear and objective policies for the first alternative
concept,with support for allowing both track options, exemptions only on small lots, and the retention
credits
The project team presented the next draft Code concept which regarded creating tree preservation
incentives with the alternate concept that if 50 percent or more tree retention is met, applicants could
still apply for a variance for a 50% building setback reduction or choose to be exempt from public notice
and appeals and/or be eligible for small adjustments in dimensional standards, such as setbacks or
building height, without going through the variance process While a majority of the Tree Task Force
voted for small dimensional adjustments, it was unclear if the exemption from public notice and appeals
should be an additional incentive.
Questions and comments were addressed by the project team with additional Councilor comments as
noted:
• Mayor Buck questioned the need for the proposed change since the current Code worked well,
adding the dimensional standards adjustments would seem to present administrative challenges
and could allow excessive adjustments.
• Councilor Wendland believed the change would introduce ambiguity due to the subjectiveness
involved.The concept basically allowed changing some zoning Code standards around a tree.
• The concept came from feedback by a stakeholder focus group of developers that small dimensional
adjustments would be a significant incentive to preserve trees. Currently, many developers were
developing multiple lots, and it was easier to plant mitigation trees elsewhere,which was why the
public commented on many lots being clear cut, because the developers were not replanting the
mitigation trees on the same lot. Developers needed further incentives to plant the trees on the lot.
Dimensional adjustments could make it possible to get the initial square footage more flexible to
move the building envelope into the setback or build it higher to build around a tree.
• Councilor Mboup questioned which types of trees would be retained, noting the risk in retaining ash
City Council Regular Meeting Minutes Page 6 of 10
November 18, 2025
trees with the threat of the emerald ash borer. Residents would not accept the incentives around
adjusting the standards.
• Dimensional adjustments were not Staff's favorite focus group recommendation.The numbers and
percentages, etc. would need to be figured out, and the burden shifts the impacts on the neighbors.
Small reductions might not be able to be developed to really move the needle on saving trees. Some
builders on the Tree Task Force had said they would like more lot coverage, but that would
potentially have more impact on trees.IExempting the public notice and appeals process was
included as an incentive because it increased certainty and reduced time for the builder and
developer if the applicant saved more than a certain percentage of trees.
• Councilor Wendland supported the public notice and appeals exemption but not eligibility for small
adjustments. Whatever percentage Staff decided, the applicant knew they could go through the
permitting process and be done, which was enough incentive. Wendland supported expediting
things if they followed the rules.
• Councilor Corrigan suggested allowing tree retention to receive on-site stormwater management
credits based on the size and type of trees. For years, big Douglas firs were removed, and big holes
were dug to address stormwater.
• Staff confirmed the suggestion was included in the Council Report as an incentive and that
stormwater credits were being vetted with the Engineering Department. Feedback will also be
sought on Milwaukie's implementation of the concept.
Mayor Buck confirmed Council was more in favor of the City's current standards regardless of the tree
retention rate and supported the stormwater management credits idea.
The project team presented the third draft Code concept regarding evaluating the appeals process to
reduce delays and conflicts between groups which involved reducing the notice and appeals process for
all applicants to two weeks total,with appeals going to the Development Review Commission (DRC) or a
hearings officer and no longer appealable to Council.All Tree Task Force members favored a more
streamlined process and appeals going to a hearings officer instead of the DRC,while 60 percent of the
members agreed the appeal decision should be final and not further appealable to Council.
Questions and comments were addressed with additional Councilor comments as noted:
• The proposed process would result in a tighter turnaround time. Currently, a lot of time was spent
with applicants to fully complete applications and the three-week notice and appeal period did not
include that Staff time. Clear and objective standards would likely help with the turnaround time, as
applicants typically did not address the existing standards well.The City would likely need to
implement the new process to observe how it worked.
• Councilor Mboup supported the concept, except appeals should still go to Council because that was
part of Council's purpose.A hearings officer,who was not elected, should not make the decision.
• Councilor Corrigan supported reducing the notice and appeal time, adding the appeal should go to
DRC, as it was a large group of people with more varied points of view. People appealing could be
concerned about bias or a particular point of view a hearings officer might have.The City could lose
credibility with just one person reviewing the appeal.
• Mayor Buck expressed concern about putting so much on the DRC, which could make it difficult to
attract people to serve on the commission.A hearings officer is widely and successfully used
throughout the country. Staff's time and energy could be better spent. Mayor Buck supported the
proposed path, including no appeal to Council. Having a hearings officer was not a political decision
but was supposed to be a clear and objective one.
• Councilor Wendland fully agreed with the Tree Task Force,which was comprised of good
City Council Regular Meeting Minutes Page 7 of 10
November 18, 2025
professionals who had handled the appeal process. No other appeal process existed for other
decisions City Hall makes.Appeals could be repeated for political reasons. Council was aiming for an
efficient system and to reduce the cost of housing. Some appeal processes had stalled a project for
six months, and for a $1 million lot with the interest rates,that is a $30,000 to$40,000 decision
stalling development from moving forward.
• Councilor Mboup stated citizens have the right to appeal decisions made by other bodies. Council
should oversee the hearings officer and appeals to Council should be retained.
Mayor Buck noted the good points made by Councilors and indicated the item would be set aside for
now and brought back for further discussion when more Councilors were present.
The project team presented the draft Code concept regarding consistency between development and
non-development Type II tree permitting, which proposed adding a third exemption to allow applicants
to remove moderate-risk trees even if the removal would have a significant negative impact on the
character or aesthetics of the neighborhood if a qualified arborist classifies the tree as moderate-risk as
a baseline and then either determines there is no way to currently reduce the risk rating to low or
determines a demonstrable history of similar tree failure in the immediate area. Seventy percent of the
Tree Task Force supported the alternative concept but raised two concerns: allowing moderate-risk tree
removal with no other documented concerns would increase the overall removal of trees in the city, and
homeowners should be able to remove trees that do not fall into the moderate-risk category but
perhaps have roots that affect walkways or interfere with decks and patios.
The project team addressed questions and comments as follows with additional Councilor comments as
noted:
• Mayor Buck supported the concept but disagreed with expanding the exemptions to allow removal
due to moderate damage to decks and sidewalks because the City was erring on the side of
preservation.
• The City could require arborists to have the new Pacific Northwest(PNW) Wildfire Risk Reduction
qualification, if firewise mitigation was the reason for removal. However, because Lake Oswego was
not in a high-risk area for wildfire,the argument would likely lack merit.
• The City was not unreasonable about tree removal if there was a significant fire risk, but many
people want to create defensible space. Avenues existed to remove trees deemed fire hazards.
Additionally,the City was focusing on updating tree lists, landscaping lists, and native plants lists
with fire-resistant landscaping people could include, emphasizing trimming trees back, but not
necessarily removing all the trees.
• Councilor Corrigan supported finding a way to remove medium at risk trees.
• Councilor Wendland agreed and suggested an insurance industry consultant present to Council,
noting concerns about citizens' difficulties obtaining fire insurance even when in a green zone and
the County's and Fire Department's work regarding defensible space. Wendland agreed with the
Tree Task Force recommendations.
• Staff confirmed an insurance industry consultant would be invited to provide insight on current
trends and practices.
• Councilor Mboup also agreed with the Task Force, adding allowing people to remove moderate at-
risk trees was necessary.
The project team continued, presenting a second consideration regarding consistency between
development and non-development tree permitting with a recommendation to maintain the current
two-track process with a clear and objective track for Type II applications for housing development
City Council Regular Meeting Minutes Page 8 of 10
November 18, 2025
specifically and a discretionary track for all other Type II applications. Council's input was sought on
whether the clear and objective standards should apply only to housing to comply with State law or be
expanded to apply to all Type II permits. No Tree Task Force member took issue with the consultant's
recommendation, but the Task Force was not expressly asked for its recommendation.
• Councilor Corrigan agreed with the two-track process. Housing was a significant issue and Council
needed to get things right in order to meet City standards. Lake Oswego had a beautiful tree canopy
and wonderful neighborhoods, so both tracks were needed.
• Councilor Wendland supported having one clear and objective standard for all applications.
• Councilor Corrigan noted how complicated the process becomes once secondary landscaping
permits are submitted, noting a permit was issued to install a concrete pad that killed a 150-foot
Douglas fir, which was why the City needed two tracks.
Mayor Buck noted the discretionary track was important so Staff could look at alternatives. City's
current Code is working and having two tracks [the recommendation] would go well beyond the City's
goal to comply with State law, while having one track would likely have unintended consequences and
worked against preservation of the tree canopy.
Mayor Buck confirmed Council's consent to the two-track process.
The project team concluded the presentation, noting next steps included giving the same presentation
and Council's feedback to the Planning Commission on December 8th and then drafting the Code
amendments, which would be reviewed by the Tree Task Force and return again to Council for a work
session.The definition of"significant tree" along with the other existing criteria would be refined to
make be more objective, especially with the two-track process.
• The project team confirmed they would look at mitigation, which had been tracked more efficiently
in recent years. Every April,the data is reported in the Urban and Community Forestry newsletter.
On average,the City approved removal of approximately 2,900 trees and 698 trees were required to
be replanted for Type II or verification permits last year. Most of the removed trees were dead,
hazardous, or invasive.The Parks Department planted more than 20,000 trees this year.
• As part of the update to the regulations, the team was evaluating requiring mitigation for more tree
removal types and would make a recommendation.
Councilor Wendland commended the Tree Task Force, urged making sure the changes to the Tree Code
are understandable to the average citizen, and reported hearing that residents feared the City would
not allow any tree removal.
7. INFORMATION FROM COUNCIL
There was none.
8. REPORTS OF OFFICERS
City Manager Bennett reported that the first signs lowering the speed limit from 25 to 20 miles per hour
would be installed this week in a small section of the Mountain Park neighborhood as a pilot, allowing
for education, outreach, and follow-up conversations with law enforcement. A map of the area would
be included in Council's Friday email update.
City Council Regular Meeting Minutes Page 9 of 10
November 18, 2025
9. ADJOURNMENT
Mayor Buck adjourned the City Council meeting at 5:35 p.m.
Respectfully submitted,
Laural Hawkins, City Recorder
Approved by the City Council on February 17, 2026.
Joseph M. Buck, Mayor
City Council Regular Meeting Minutes Page 10 of 10
November 18, 2025
ATTACHMENT 2
F� F�
JtL CITY COUNCIL REGULAR MEETING
n MINUTES
V O
December 2,2025
DREGO�
1. CALL TO ORDER
Mayor Buck called the regular City Council meeting to order at 5:31 p.m. on Tuesday, December 2,
2025.The meeting was held both virtually via video conferencing and in-person in the Council Chamber
at City Hall 380 A Avenue.
2. ROLL CALL
Present: Mayor Buck, Councilors Afghan, Corrigan, Mboup, Rapf, Verdick, Wendland
Staff Present: Acting City Manager Megan Phelan, City Attorney Ellen Osoinach, City Recorder
Laural Hawkins, Deputy City Manager Madison Thesing, Equity Program Manager
Guilian del Rio, Sustainability Program Manager Amanda Watson, Interim Parks and
Recreation Director Jeff Munro
Others Present: Matt Evans, Chamber of Commerce;Jason Morado, ETC Institute; Peren Tiemann,
DEI Advisory Board Chair; Vedant Ramakrishnan, DEI Advisory Board Youth Member
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
4. PUBLIC COMMENT
• Lajos Belogh, resident, suggested including a piano in City Hall and having a music
student play before meetings. Belogh also suggested summer concerts in Westridge
Park and Rassekh Park and offered to help with the events.
• Mark Puhlman, resident, Sustainability Advisory Board (SAB) and Lake Oswego
Sustainability Network(LOSN) board member,thanked Council for awarding LOSN the
grant and the two-year goal for transitioning from gas-powered landscaping equipment.
The adverse effects of gas-powered two-cycle engines were noted, as well as similar
successful sustainability initiatives like Council limiting pickleball due to sound pollution
and the government limiting smoking in public places due to the carcinogenic smoke
impacts.
• Betsy Wasko, resident,Secretary, Old Town Neighborhood Association and Sustainable
Landscaping Subcommittee volunteer,thanked Council for its forward thinking in setting
the goal to phase out gas-powered landscaping equipment.The argument that the
phase-out financially harms landscaping businesses was addressed.The upfront cost of
City Council Regular Meeting Minutes Page 1 of 11
December 2, 2025
replacing a gas-powered blower with a commercial electric blower at$750 to$2,000
was contrasted with the true costs of the impacts associated with gas-powered
landscaping equipment, such as $5,000 for hearing aids. Upfront costs could be
mitigated through incentives like providing grants or no-or low-interest loans from
manufacturers.The costs of inaction were outlined, including chronic illness, climate
change, and pollinator loss. Council was urged to act now to phase out gas-powered
landscaping equipment.
• Jeff Wiens, resident, thanked Councilors for their time and dedication to the citizens in
the community and noted the best piece of advice they had received was "Do what you
know is right in your heart." A couple years ago, Council was asked to make a change
regarding pickleball that some Councilors may not have agreed with, but Council made
the right decision.A person should be able to have sanctuary in their own home. Council
was commended for its efforts toward eliminating gas-powered landscaping equipment
and urged to adopt regulations banning its use in Lake Oswego. Unseen toxic gases
threaten the short-and long-term health of landscaping workers and community
members.
5. CONSENT AGENDA
5.1 Approval of Meeting Minutes
• October 7,2025 Draft Regular Meeting Minutes
Councilor Wendland moved to adopt the Consent Agenda. Councilor Mboup seconded the motion.A
voice vote was held, and the motion passed,with Mayor Buck and Councilors Afghan, Corrigan,
Mboup, Rapf,Verdick,and Wendland voting`aye', (7-0).
6. ITEMS REMOVED FROM CONSENT AGENDA
No items were removed from the Consent Agenda.
7. COUNCIL BUSINESS
7.1 Lake Oswego Chamber of Commerce Annual Report
Matt Evans, Chamber of Commerce, presented the Annual Report via PowerPoint, highlighting strong
business formation, with 270 new businesses licensed in the first 10 months of 2025, regular new-
business meet-and-greets, healthy vacancy rates, and successful community events, including two Wine
Walks and the formation of the West End Business Group. Lake Oswego was characterized as a diverse,
small-business-focused community.Two emerging concerns were identified for monitoring: office space
that is leased but unoccupied, referred to as "shadow space",for which reliable square-footage data is
limited, and a potential future labor shortage driven by retirements and flat to declining regional
population trends.The City/Chamber partnership had produced positive economic and quality-of-life
outcomes, and the Chamber hoped to continue the partnership beyond the current agreement. Evans
recommended Shop Local and destination marketing efforts and highlighted three opportunities for
City Council Regular Meeting Minutes Page 2 of 11
December 2, 2025
modest City investments: purchasing a subsidized, full-page Travel Oregon advertisement, coordinating
a digital marketing strategy, and consistent advertising in local print media with potential short
television spots as budgets allow.
Mayor Buck stated a top response of the recent community survey was wanting the City to focus on
economic development, even with the positive information reported about the local business
community; perhaps citizens were not getting that information or seeing the efforts being made. Evans
explained public attitudes could come from negative media coverage.Vibrant economic development
would include specifically the Shop Local piece. Residents would like to see their friends and neighbors
working in Lake Oswego.The loss of office jobs resulted in people not getting coffee,going to lunch or
dinner, or the theater, which impacted economic development as a whole. In 2026,the Chamber would
address how to encourage those working but not living in the city to enjoy the city's amenities after
work or on the weekends. Mayor Buck noted Council had restructured the Business License fee to have
funds to invest directly back into the business community via efforts as Evans had outlined. One Council
goal was to start a marketing campaign to attract more people within and outside of Lake Oswego to
come both for local businesses, recreation and other city amenities.
Mayor Buck confirmed Council supported funding the Travel Oregon Ad and authorizing the City
Manager to proceed, noting the Chamber's requests are well timed with Council goal setting in January
and that the City should utilize the Chamber more directly.The pilot program for targeted media ads
was a good idea as years ago the City's larger economic development department spent a lot of money
with little ROI. Now,there were better ways to collect and measure data to make ads more targeted.
Evans explained the barriers to participation in the Leadership Lake Oswego and Business Leadership
Development programs might be the cost as some may not be in the position to afford a $2,900 course.
For others, it may be difficult to take or get permission to take a half-day off once a month to participate
in the programs. Expanding the programs' marketing to ensure everyone who might be interested knew
about the opportunity would also help overcome barriers.
Councilor Mboup noted the importance of the Chamber's work to help Lake Oswego market itself to
attract more people to the city and feel safe, because it is a safe place. Lake Oswego could be a third
space for many people afraid to go somewhere else. Evans explained that if untrue, negative
perceptions were left unchallenged, the City's goals would not advance.The city's past reputation was
not based on facts, and the wonderful and connected business relationships in the community were
eye-opening.
Councilor Afghan stated only good things were said now about Lake Oswego and credited previous
Councilors with fostering a vibrant downtown and beautiful Lake Grove District. People come to Lake
Oswego for events, not to spend time shopping or walking in the parks. Perhaps the city should have
more events to attract more visitors or nurture the city into being a journey city where people come for
more than one-time events. Perhaps downtown could stay open passed 9:30 pm. Evans noted one
frustration was the inability to get businesses to answer questions about what people do around events;
for example, when people come to the Arts Festival, do they eat at a restaurant or shop while in Lake
Oswego?Some people might not patronize businesses beyond the event and that tied back to
marketing. For instance,the City could market competitions at Lake Oswego Recreation &Aquatics
Center(LORAC) and also market local businesses and events to outsiders attending those competitions.
Some businesses along A Avenue had developed regular customers thanks to Third Thursday.The City
needed to develop a way to let people know more of what is available in Lake Oswego when they visit.
City Council Regular Meeting Minutes Page 3 of 11
December 2, 2025
Mayor Buck noted youth sports tourism had been a big source of hotel room revenue in the
Meadows/Kruse Corridor. LORAC and the skate park also provide opportunities to attract more visitors.
Councilor Wendland acknowledged the Chamber's increased efforts and noted supporting the Chamber
was part of the infrastructure responsibility Council had for the city.The Chamber carefully accounted
for all grants and support received and spent funding wisely. Supporting the Travel Oregon ad was
something the City should have been doing anyway, and collaborating with the Chamber on
communications and messaging was exciting. When running for Council years ago, one of Wendland's
messages was about building the Lake Oswego brand, which needs to be an ongoing effort.The city has
events that draw tens of thousands of people, and the ambassador component of many events show
that the city is a great place to experience, and it was important for visitors to stay longer and spend
money in Lake Oswego.The Chamber Board was all-in, enthusiastically donating their time with many
also donating to sponsorships, etc. Councilor Wendland supported continuing the partnership, thanked
Evans for all the efforts, and appreciated the data provided to make fact-based decisions. Evans noted
the Chamber's appreciation for Councilor Wendland's and Acting City Manager Phelan's participation on
the Chamber Board of Directors,which provided important perspectives, adding all City participation
and support was appreciated.
Mayor Buck stated the City looked forward to working with the Chamber in the coming year.
8. STUDY SESSIONS
8.1 Community Survey Results
Deputy City Manager Thesing reported that a statistically valid community survey was conducted this
fall as part of the City's ongoing contract with ETC Institute,which administers the survey every other
year.The survey was used to measure resident satisfaction with City programs and services and to
gauge levels of support for policy initiatives.This was the third benchmarking cycle completed with ETC
Institute, following prior surveys in 2021 and 2023.The residents who participated in the survey were
thanked.
Jason Morado, Director of Community Research, ETC Institute, presented the 2025 community survey
results via PowerPoint, reviewing the purpose and methodology, lessons learned, and major findings.
The survey used a statistically valid random sample of 400 residents and reflected city demographics. An
additional 157 surveys beyond the random sample were completed, but the results presented focused
only on the random sample. Results showed residents hold a very positive view of Lake Oswego,with 95
percent rating the city as an excellent or good place to live and raise children,well above the regional
average, and 40 percentage points above the national average. Satisfaction with City services and
customer service was significantly higher than national benchmarks, and most areas measured saw
increases since 2023. Residents'top priorities included economic development, public safety,
development services, neighborhood streets, housing planning, sustainability, equity, and mobility.
Geographic analysis showed high satisfaction across the city.The only area with more negative than
positive responses was the city as a place to find a job.The most significant areas showing decreased
satisfaction were the quality of both economic development and the Lake Oswego Public Library facility.
Overall,the City was moving in the right direction with increased satisfaction ratings.
Councilor Afghan commended Parks and Recreation and the Library team and noted the 2025 Council
City Council Regular Meeting Minutes Page 4 of 11
December 2, 2025
goals lined up well with the respondents' top priorities, which was good news. Morado confirmed the
Library's satisfaction ratings were extremely high overall and while the decrease related specifically to
the facility itself, and not the services provided,the ratings were still very positive for a public library.
Mayor Buck noted Council used the survey results to set goals, and the results also align with feedback
from the City's boards and commissions, as well as community members. It was great to see the City
team's efforts on the goals resonated with the community.The highest increases in satisfaction were
also due in part to community groups that have stepped up alongside the City's team,working in
partnership to foster the results.
Councilor Mboup expressed a desire to focus on improving the satisfaction of the 3 percent of residents
who were not satisfied, noting a chain is only as strong as its weakest link, adding Council should not
rest on its laurels but aim to be outstanding. Hopefully,those who rated the Library facility low would
support a bond to build a new library, as the survey showed the facility needed replaced.
Councilor Corrigan noted being impressed that the survey results were even better than the last survey
where the City did well and commended the City's amazing team. For residents prioritizing wildfire
prevention and education programs, Councilor Corrigan reported a new brush rig for wildfires would be
coming to the new South Shore Fire Station, which would be on the ballot. Although the Housing
Production Strategy had been challenging to implement, real momentum was building to address
residents' concerns about the difficulties of having one's support system move to Lake Oswego,whether
moving or relocating to another home in the city, or finding a larger home that meet their needs.
Mayor Buck noted a key high priority item was to focus on the quality of development services and
asked what that meant. Deputy City Manager Thesing noted the question was phrased broadly, which
could result in respondents responding about the quality of development that was occurring in the city;
however,the question regarded the quality of services, such as front-counter services. More qualitative
research, such as having more focus groups,would be required to understand if barriers exist in getting
permits or challenges in development services, and to understand how people define development
services. Residents' perceptions of what development looked like often involved subjective feelings and
opinions.Additionally,the responses could involve feelings about State-mandated actions as they take
effect within the community. Mayor Buck added it might be worth diving in since this was the first time
that category had risen to the top.
Morado explained the responses from people outside of the random sample were still being processed,
although their priorities were similar to the statistically valid survey's results.The satisfaction ratings
were probably a bit lower,which was typical. Satisfaction results for Lake Oswego were still very high no
matter how the results were broken down, even when compared to cities similar in size to Lake Oswego.
Councilor Wendland requested an analysis comparing Lake Oswego to Bellevue, Washington, or a
suburb similar to Lake Oswego and particularly to correlate how other cities spent money on the same
priorities as Lake Oswego to see whether the priorities aligned. Deputy City Manager Thesing noted the
2023 survey included comparing demographically similar cities, not based on size.The project team
could review comp-like cities to see how their rankings compared this year and last year and if the
priorities changed. Councilor Wendland explained knowing how cities with similar size and
demographics compared was help reveal where Lake Oswego would continue to be attractive. People
have high expectations when moving to Lake Oswego.Taxpayers invest a lot in City services, so perhaps
the City should be doing better because it has more resources than other cities.The complexity of City
City Council Regular Meeting Minutes Page 5 of 11
December 2, 2025
operations and the high expectations were reflected in the survey results.The development part was
related somewhat to the experience at the counter.The Code should be simplified so people could have
a good experience when doing a project to get a permit easily and be educated about what is required.
Councilor Verdick commended Staff on all their hard work to serve the residents, as reflected in the
survey results.The City should not rest on its laurels but examine how to keep improving and increase
satisfaction. Councilor Verdick noted City fire stations offer wildfire readiness assessments for property
owners and thanked the many community groups that helped make a difference in the community.
Council unanimously consented to research the development services question.
Staff confirmed the survey results would be shared with the City's boards and commissions next week as
part of the Summit package.
The City Council recessed from 7:03 to 7:15 p.m.
8.2 Diversity, Equity,and Inclusion Advisory Board Recommendations and Updates
Equity Program Manager del Rio; Peren Tiemann, Chair, DEI Advisory Board; and Vedant
Ramakrishnan,Youth Member, DEI Advisory Board, presented the Council Report via PowerPoint,
sharing the Diversity, Equity, and Inclusion (DEI)Advisory Board's forward-looking recommendations
developed in response to Council's direction in June. Goals, objectives, and suggested action items were
reviewed for the focus areas of building a representative community, building a diverse workforce,
youth engagement, DEI data and accountability, institutional capacity and policy alignment, and
equitable resources and infrastructures. Based on the scope and complexity of the recommended work,
the DEI Advisory Board recommended engaging an external consultant to develop a comprehensive
equity plan. Ramakrishnan's experience was shared about why DEI work matters from a youth
perspective, noting young people experience barriers differently.
Peren Tiemann confirmed that, like Ramakrishnan,they first became involved with the City through the
Youth Leadership Council during their senior year of high school and that experience led to pursuing a
political science degree and returning to Lake Oswego after graduation.
Mayor Buck noted the youth engagement seen in the last year delivered exactly what the City had
hoped for, youth becoming invested in the community and wanting to return after college.
Key Council comments were as follows:
• Support was expressed for moving forward on all DEI Advisory Board recommendations, which
would make a difference.
• Equity directly ties into diversity, which directly ties into inclusion. Some families cannot afford to
live in Lake Oswego and people work in the city but do not live in it. Some families needed every
member to work to afford food. In light of these realities, achieving diversity and equity should be
considered.The City should also figure out how to truly reach equity and diversity.
• Talking to residents about the perception of DEI was important as the term often provokes divisive
or negative feelings. Every society should embrace diversity, equity, and inclusion. Many types of
diversity existed, and each could occur in Lake Oswego.
• Creating equity could be expensive, but doing so makes for a good society. Inclusive societies
needed to be built. DEI actions were a necessity for the city to move forward and for society to be
City Council Regular Meeting Minutes Page 6 of 11
December 2, 2025
more humane and progressive.
• Having the recommendations was helpful moving into Council's 2026 goal setting.
• Communications with the community were very important with a lot of room for improvement,
including with regard to recent social services funding cuts.The City could do a better job integrating
services to ensure equity.
• A side benefit of youth engagement was engaging the families of youth. Everyone within the
community and on the City team should have access to good benefits, such as mentorship, as it
keeps people engaged with the importance of DEI work.
• Understanding what the City could be doing to better communicate, provide training, etc. would be
helpful. When Council had difficult questions around access to housing and services in town,
members from community groups like Respond to Racism, LOSN, LO for LOve, and the Watershed
Council had testified in favor of initiatives so Council could have political support to pass related
items. Work Council can do to help build more community capacity, such as around housing or
transportation,was important. Council had done well supporting the community groups through
grants and other efforts. Having access to information, knowing about what was happening, and
how to engage was also important.
• Many of the DEI Task Force's objectives had been accomplished, and the City's information and
efforts could be refreshed so residents understand the value received for the investments being
made and how they would benefit and strengthen the community. Looking where to go next in the
coming years and having the data was important.
8.3 Gas-Powered Landscaping Equipment Council Goal Update
Sustainability Program Manager Watson and Interim Parks and Recreation Director Munro presented
the Council Report via PowerPoint, reviewing the goals in the 2020 Sustainability and Climate Action
Plan relevant to landscaping equipment and outlining the environmental and health impacts of gas-
powered landscaping equipment(GPLE), its alternatives, and policies adopted by other cities, including
restrictions,financial incentives, and enforcement approaches.The presentation noted Lake Oswego's
2022 tool exchange in partnership with PGE and highlighted Portland's leaf blower ordinance,which
would impact local landscapers and be supported by the Portland Clean Energy Fund.The City's own use
of gas-powered equipment in Public Works, Fire, and Parks and Recreation was outlined, highlighting
operational constraints of electric alternatives. A comparison of leaf blower specifications was reviewed.
Stakeholder outreach, including a community survey and landscaping company engagement, found
most residents who manage their own yards use electric equipment, while those hiring contractors
encounter predominantly gas-powered use. Survey results indicated 55 percent of residents supported
phasing out gas-powered equipment, with a slight preference for education and financial incentives over
regulatory limits.The City's survey consultant recommended that the City continue to gauge support for
GPLE and provide information to residents. Recommended next steps included continuing outreach,
providing educational resources, and leading by example through City operations.
Staff addressed clarifying questions about landscaping equipment and other items being categorized as
small off-road engines; survey respondents and landscape companies self-identifying as currently using
either gas or electric equipment; and the constraint of not being unable to charge on the go, requiring
extra batteries and added upfront costs.
Mayor Buck thanked LOSN for the gas-free landscaping signs, a great education effort, and working with
the City through the grant Council provided on continuing educational outreach. Many Portland and
regional landscaping companies operate in Lake Oswego, and the City cannot directly access Portland's
City Council Regular Meeting Minutes Page 7 of 11
December 2, 2025
Clean Energy Fund. Bans on gas-powered landscaping equipment elsewhere had caused neighborhood
tensions, including fears of immigration reporting. Mayor Buck acknowledged the harm of the
equipment and upfront costs for landscapers, but supported the approach outlined because the City
could offer incentives. Partnering with Portland and leveraging connections with landscapers was
suggested. Mayor Buck offered to help on the political front to establish a partnership. Staff confirmed
the City could partner with Portland and/or the Pollution Prevention Resource Center to share
information, raise awareness among landscapers, and identify gaps in support. While Portland Clean
Energy Fund could not directly fund Lake Oswego, collaboration could inform local incentives and guide
Council on potential budget needs. Mayor Buck noted that because Lake Oswego licenses landscape
businesses regionally rather than locally, identifying those who work in the city is challenging, and the
City would not want to impose an additional local license.
Councilor Rapf acknowledged the community impacts of gas-powered landscaping equipment
regulations, including concerns related to immigration enforcement. However,this was the least
effective use of City resources they had witnessed, although Staff's quality work was recognized. Unlike
indoor smoking, GPLE regulations involve personal property, and they opposed government intrusion in
residents' homes or property.They agreed the initiative would disproportionately affect people of color
and was surprised Respond to Racism had not engaged with the issue.They supported allowing
Portland's experience to unfold before Lake Oswego acted and believed education alone was sufficient.
Market dynamics would address the concern. Complaints about GPLE were largely tied to the COVID-era
shift to working from home and the ability to afford landscaping services. Lake Oswego's response
should be independent of Portland's, reflecting local community differences.The matter should be
dropped entirely.
Councilor Afghan commended Parks and Recreation, particularly on the phased conversion to electric
equipment. Compelling data was presented on electric and gas blowers. Staff confirmed that when City
workers use gas-powered blowers, they wear hearing protection and could choose whether to wear
respirators.
Councilor Afghan believed it was the City's responsibility to ensure City workers were working in a safe
environment, especially health-wise.The City was proud of how the parks were maintained, but when a
gas-powered blower was used,the environment was being polluted. All factors should be considered,
not just money. Regulating GPLE was the right thing to do, but banning GPLE could have consequences
the City might not be prepared to handle. Councilor Afghan was conflicted. If a person did something
that impacts the environment another person lives in,the action should be regulated. Betsy Wasko
educated on gas blowers,their environmental effects and that removing leaves was harmful to the
environment and ecosystem. Education was good, but doing so with mailings at$7,500 annually might
not be effective.The City's educational efforts should reflect Wasko's efforts. Homeowners should be
educated that they have more power than Councilors as policymakers. Homeowners could demand
landscaping companies they hire use electric equipment.The Sustainability Advisory Board and/or LOSN
should develop a way to enforce a policy regulating GPLE so problems do not surface after the fact.
Staff confirmed the$500 batteries need to be replaced every two to four years for commercial use
equipment. Staff did not believe the overall cost comparison between gas-powered and electric
equipment had been tracked; however, less than $400,000 had been spent on electric equipment in the
last six years, not including the Parks and Storm contracts.
Councilor Wendland noted the contracts could involve another million dollars considering six years of
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December 2, 2025
$200,000 to $300,000 in contract differentials.The data was important to show people the realistic
investment being made over time. Councilor Wendland did not believe landscapers would have any
incentive to transition until the policy was in effect. Education would be great, but until the law was in
place, no significant change would be seen with landscaping contractors. Landscapers had shared they
could not afford the transition and would look for business in communities without GPLE regulations;
that working with electric equipment took longer and would result in lost income or increased labor
hours; and that they might lose their business, as they did not have the confidence to raise their prices
and another landscaper would poach their customers.The landscapers'variability/fragility should be
protected. Councilor Wendland believed electric equipment was great for single-use houses, but
working 10 hours a day involved a different set of circumstances. During two homeowner meetings in
different neighborhoods, homeowners wanted to outlaw both gas-powered and electric equipment due
to noise. Councilor Wendland noted incentives were being pulled back due to less grant funding being
available and the City did not have the resources either. They liked the plan,which included several solid
actions that would not cost a lot of money, but certain realities also had to be considered. Completely
banning smoking, both inside and outside, would have better results than trying to address GPLE.
Councilor Mboup stated a person's freedom stops where another person's freedom starts, so one could
not pollute people from their private property and call it freedom.They supported the ban on gas-
powered blowers at some point; it was the right thing to do. Caution was urged about stating the ban
would affect people of color differently, as GPLE impacts were also dangerous for people of color. If one
cared about people of color, gas-powered equipment would be banned. While 55 percent of survey
respondents supported the regulations, proceeding with the ban would cause problems because 45
percent opposed was significant.This must not become an "us vs them" matter. Councilor Mboup
purchased electric equipment for their landscaper to use; everyone can participate in helping landscape
businesses. Everyone coming to Lake Oswego to work should be respected, and everybody knows gas
equipment was harmful.The incentive for change was a majority of property owners demanding that
only electric equipment be used.That was how things changed.The City did not have the means to
regulate or enforce a ban, so there was time to educate and talk to people. If the community reached 65
percent in favor of a ban,the City would ban it. Perhaps the City would simply take the education route,
letting businesses know the transition would be good for them. Investing in electric equipment would
make more sense in the future.The City should wait to see what happens with Portland's ordinance
process. Council should keep moving toward a ban and keep it as a goal.
Staff suggested looking comprehensively at equity when talking about this issue. National studies and
surveys of people working in the landscaping industry noted approximately 75 percent identify as
Latino.When talking about landscaping workers,the majority are probably people of color. Workers are
disproportionately impacted by the health impacts of air pollution from GPLE, resulting in a
disproportionate impact on people of color in the community. Given the impact to people's livelihoods
and jobs, equity should be considered from the perspective of not wanting to put people out business,
which prompted the Sustainability Advisory Board's (SAB) recommendations around financial support
for the transition, which would ensure an equitable approach.The City should ensure enforcement does
not target communities already being targeted by immigration.The City should continue to look at all
the concerns raised and consider mitigations to address equity and disproportionate impacts to
communities of color.
Councilor Corrigan supported continuing work on the ban, noting when health care professionals speak,
the City should listen. Staff confirmed battery technology was changing rapidly. Batteries had improved
greatly over the past six years and would continue to improve and store more power, and their prices
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December 2, 2025
would drop, resulting in potentially decreased upfront costs. Lifetime batteries may be introduced,
perhaps helping solve some performance issues over time.
Councilor Verdick agreed Council should continue work on the ban. One of the biggest concerns was
enforcement, so it would be important to observe how that works in Portland. Hopefully Lake Oswego
would see some benefits from Portland's ban.With SAB, LOSN, and others working with the City, the
City should keep doing as much education as possible and focus efforts on reaching smaller landscapers.
Property owners should also be contacted about creative solutions, such as sharing electric equipment.
Council Verdick agreed with the recommendations and continuing to push forward in the right direction.
Councilor Afghan noted nobody chooses to buy GPLE to pollute the environment.The equipment had
been used for decades and the impacts only recently understood.Through education and progress, a
shift was needed.The city's aging generation would likely hire landscapers. Council was tasked with the
challenge of protecting landscapers from toxic fumes and protecting their income. Innovative solutions
existed, but homeowners had to be able to accept them and push them forward. Creative solutions
must be found, staying innovative and pushing forward until a policy was developed that all could agree
on and that was enforceable.
Mayor Buck noted general Council consensus on following the recommendations and continuing the
path of education and incentives.Trade publications noted that once landscapers use the electric
equipment, both workers and companies like it.The challenge was getting over the initial hump, but
while the life cycle cost was less,the upfront cost could be an issue. Having a coordinated campaign
remained a way to publicize the idea to the community and help move toward the goal faster.
Councilors commended Sustainability Program Manager Watson,who had overseen tremendous
progress over the last four years, including implementing the City's Climate Action Plan and helping
elevate the City's work towards a clean and sustainable future. Council presented Watson with an
award.
9. INFORMATION FROM COUNCIL
Mayor Buck thanked the Chamber and Parks and Recreation for the successful tree-lighting event on
Friday and City Staff for decorating around town.
Councilor Wendland noted the Chamber Holiday Reception would be held at the Ironlight on December
10' at 5:00 pm and encouraged Councilors to attend.
10. REPORTS OF OFFICERS
Acting City Manager Phelan commended Staff for the well-attended tree-lighting event,which had
more than 5,000 attendees.
11. ADJOURNMENT
Mayor Buck adjourned the City Council meeting at 9:05 p.m.
City Council Regular Meeting Minutes Page 10 of 11
December 2, 2025
Respectfully submitted,
Laural Hawkins, City Recorder
Approved by the City Council on February 17, 2026.
Joseph M. Buck, Mayor
City Council Regular Meeting Minutes Page 11 of 11
December 2, 2025
ATTACHMENT 3
F� F�
O JtL CITY COUNCIL REGULAR MEETING
MINUTES
V —� O
December 16, 2025
OREGO�
1. CALL TO ORDER
Mayor Buck called the regular City Council meeting to order at 3:02 p.m. on Tuesday, December 16,
2025.The meeting was held both virtually via video conferencing and in-person in the Council Chamber
at City Hall 380 A Avenue.
2. ROLL CALL
Present: Mayor Buck, Councilors Afghan, Corrigan, Mboup,Verdick, Wendland
Councilor Rapf was excused
Staff Present: City Manager Martha Bennett, City Attorney Ellen Osoinach, City Recorder Laural
Hawkins, Finance Director Shawn Cross, Director of Special Projects Stefan Broadus,
Assistant Fire Chief Kristine Artman
Others Present: Michael Scott, Hennebery Eddy Architects; David Lintz, OTAK; Spencer Bradley,
Bremik Construction
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
4. PUBLIC COMMENT
• Shaun Christiansen, resident, and Michael Allen Harrison commended the City for its
Westlake Park concert program last year.They spoke about their organization, Portland
Festival Symphony, its connections with Lake Oswego, and hiring Jonathan Debruyn as
its new musical director to carry the legacy of Lajos Balogh.They commended Parks staff
and explained the need to address Balogh's concert shell in City storage, highlighting the
Symphony's vision and working relationship with the City and noting plans to make the
Foothills Park concert an annual tradition.The concert shell could be placed in a location
to benefit the entire city and many groups could use it.They also spoke about Balogh's
idea to have young people play a piano in City Hall before Council meetings. Harrison's
nonprofit, Play It Forward, is willing to donate a piano to the City. Community concerts
in City Hall were another possibility. Harrison was open to the Council's creative
solutions.
• Chris Durkee provided an overview of the Lake Oswego Fire Station Rebuild PAC
#24619,the citizens committee advocating for the bond funding the South Shore Fire
Station. Regular updates would be provided to Council until the election in May. Durkee
City Council Regular Meeting Minutes Page 1 of 9
December 16, 2025
also commended Council for the recent community survey results and the Fire and
Police Departments for their 97 percent public trust number.
• Jeff Gudman, resident, and Travis Duncan, CEO, Mary's Woods, spoke about Duncan's
first year with Mary's Woods and their experience in Lake Oswego. Mary's Woods
intended to engage in a more meaningful way with the broader Lake Oswego
community in the coming year and offered its support to the City.
City Manager Bennett thanked Mary's Woods for allowing the City to do vaccination clinics on
its campus and for being a partner with the Bookmobile, formerly Rover.
• Jeff Wiens, resident, spoke about Council's discussion of regulating gas-powered
landscaping equipment (GPLE) and the likely positive effects of transitioning to electric
equipment, urging Council to address the public health issue by banning GPLE on
January 1, 2027.
• Dianne Cassidy, resident, expressed concern about the application to change the zoning
at Kruse Way Plaza to R-0, citing signs the owners were intentionally allowing the offices
to be vacant. Lake Oswego, and specifically the Kruse Way area, was one of the premier
spots in the Portland metro area. Lake Oswego's Comprehensive Plan was being
disregarded, and the City must return to getting citizen direction about what happens to
the Kruse Way area.
5. CONSENT AGENDA
6.1 Approval of Meeting Minutes
• October 21, 2025 Draft Regular Meeting Minutes
• November 4, 2025 Draft Regular Meeting Minutes
Councilor Wendland moved to adopt the Consent Agenda. Councilor Verdick seconded the motion.A
voice vote was held, and the motion passed,with Mayor Buck and Councilors Afghan, Corrigan,
Mboup,Verdick, and Wendland voting'aye', (6-0).
6. ITEMS REMOVED FROM CONSENT AGENDA
No items were removed from the Consent Agenda.
7. PUBLIC HEARING
7.1 Resolution 25-10, Revising Fees and Charges and Updating the Lake Oswego Master Fees and
Charges Schedule
Finance Director Cross presented the Council Report, noting no changes were made since the
November 18, 2025, Study Session, that the Master Fees and Charges would go into effect January 1,
2026,without changes if approved; and that Council had discussed revisiting the matter early next year
to talk more about the Street fees.
City Council Regular Meeting Minutes Page 2 of 9
December 16, 2025
Mayor Buck opened the public hearing.
Dianne Cassidy expressed concern about the City's spending priorities and the way "affordable housing"
is discussed, noting affordability is more than just housing costs. The City must consider people who
already live in Lake Oswego, especially older residents on fixed incomes who are struggling to pay basic
bills as utility and housing costs continue to rise. Thirty-one percent of the City's population was over 60,
and about five percent of residents over 65 lived in poverty. While projects such as new sidewalks, a
library, or bike paths may be desirable,they are not essential for daily living in the way water and sewer
services are. Utility rates, including increases tied to new water and wastewater treatment facilities, play
a major role in whether living in Lake Oswego is affordable. Even necessary improvements must be
planned with awareness of the end payer, as not all residents can absorb rising costs; they do not have
unlimited money.
Mayor Buck confirmed there was no further public comment and closed the public hearing.
Councilor Mboup moved to approve Resolution 25-10. Councilor Corrigan seconded the motion.
Mayor Buck noted that the City allocates a substantial amount of General Fund resources to the Street
Fund and suggested Council explore options in the spring to relieve pressure on the General Fund
without reducing available resources.
Councilor Wendland expressed support for exploring options, but not necessarily to reduce the City's
budget contribution, and emphasized the importance of maintaining the pavement condition index at
the agreed-upon level, recognizing that street paving is expensive and a valued community service.
Council consented to exploring options to reduce pressure on the General Fund related to Street Fund
expenditures.
A voice vote was held,and the motion passed,with Mayor Buck and Councilors Afghan, Corrigan,
Mboup,Verdick, and Wendland voting'aye', (6-0).
8. COUNCIL BUSINESS
8.1 Resolution 25-49,Authorizing an Intergovernmental Agreement with the City of Portland for
Wastewater Treatment
Director of Special Projects Broadus presented the Council Report via PowerPoint, highlighting the
history of the Wastewater Intergovernmental Agreement (IGA) and key elements of the 2025 IGA,
including continuing the 1984 IGA mission for fair and equitable cost sharing, land acquisition shared
with a cap from Portland,facility development based on recent flow share,facility operations and
maintenance based on actual cumulative flow, continued transfer of biosolids to the Columbia
Boulevard plant, and transfer of the parcels on which the existing plant lies to the City of Lake Oswego.
Next steps were reviewed.
Questions from Councilors were addressed by Staff as follows:
• Different scenarios were input into the cost model to assess alignment with Council's goal to keep
rates around 3.9 percent.The low-and mid-range estimates aligned well with the model, while
some less favorable scenarios began to put pressure on the cap. Staff was working with the City's
contractor to ensure the plant was not excessive while making the facility a source of pride and a
City Council Regular Meeting Minutes Page 3 of 9
December 16, 2025
good neighbor in terms of appearance, noise, and odor. Staff also maintained focus on keeping rates
reasonable.
• Designing a plant with the long projected useful life of the proposed facility requires careful
consideration of peak flows and future growth.The design balanced accommodating additional
housing while avoiding an excessively large plant, which can create operational challenges.
• Staff did not have total cost figures yet, but preliminary cost information for both the capital side
and the long-term operations was expected soon and then Staff would plug the ranges into the rate
model. So far, Staff had used rough cost escalations from previous estimates in low-end and high-
end scenarios,which will be replaced with the contractor numbers once received.The contractor's
projected numbers were expected in February and their proposal in March, which was agreeable to
Portland. Portland's staff was commended for collaboration on the document.
• Portland City Council's approach was to have the IGA signed by the Portland City Administrator,
which was expected before the end of the year.
• Decommissioning of the old facility was included in the costs and a shared cost in the IGA.
Demolition and remediation costs would be borne by Lake Oswego because the City of Portland was
transferring the land to the City of Lake Oswego for$1.00.
• Operating under the cost recovery model, Staff believed including the biosolids transfer to the
Columbia facility in the Wastewater IGA made the most sense because it was a cost of operating the
plant and providing treatment there. Logistically, it made sense that the cost would be borne by the
City of Portland, and it would be easy for Portland to deduct the cost from its payment to Lake
Oswego.
• Lake Oswego's biosolids were not integral to the ability to operate the facility.The transfer
could be amended later if another way was developed to process the biosolids.
• A few attachments to the agreement were missing due to waiting on the figures.The IGA as
presented provided the structure and the formulas for the major cost components of land
acquisition, development, and operations and maintenance. Staff was seeking approval of the
structure, and once the costs were known, an IGA amendment would be drafted with tangible costs.
• Although the resolution authorizing the City Manager to sign the IGA would include that minor
amendments can be made administratively, "minor amendment" was not defined. Staff envisioned
a minor amendment as filling in,for example,the actual flow numbers so that costs were shown and
the invoice could be completed.A minor amendment would prevent the need for a Council item
every time the numbers were updated with the data. Broadus could envision some other clerical
corrections as well.The IGA included that major updates would require mutual approval from both
cities.
• City Attorney Osoinach noted while "scrivener's errors" would usually be used instead of"minor
amendment," they understood completely when reading the document that a minor
amendment, even undefined, provided the City some flexibility to address items
administratively or before Council if Council or the City Manager deemed it necessary.
• The percentages for the design and construction phase of the facility were part of the IGA because
both cities were buying the capacity and operations and maintenance was the cost to treat the
wastewater.The cost would be billed based on the actual flow that each city sent.
• The IGA specified the flows would be reviewed and the City would bill according to them.The
Interim IGA described billing based on flows with some nuances, essentially less fluid and
cumulative based on actuals, and almost locked in rates more than updating by using real
cumulative data.The 2025 IGA will update the rates based on the real cumulative data. Outlined
in the billing procedures was to insert the respective flow from each city,which then determines
the percentage split for the specific billing cycle and would be considered a minor amendment
to the IGA. Staff would process the invoice.
City Council Regular Meeting Minutes Page 4 of 9
December 16, 2025
• The demolition and remediation cost was not included in the IGA with Portland, nor would it be
included in the contract the City was currently negotiating.The Finance Director would have to
address whether the cost needs funding from the City's biennial budget. Staff confirmed a follow-up
would be provided on the demolition and remediation cost, as well as a comparison of the capacity
and operating level of the existing wastewater treatment facility and the new facility.
Mayor Buck commended Broadus for their work with the City of Portland and for Portland's continued
partnership on the project.
Councilor Wendland moved to approve Resolution 25-49. Councilor Corrigan seconded the motion.A
voice vote was held, and the motion passed,with Mayor Buck and Councilors Afghan, Corrigan,
Mboup,Verdick, and Wendland voting'aye', (6-0).
9. STUDY SESSION
9.1 South Shore Fire Station Project Cost Range
Assistant Fire Chief Artman; Michael Scott, Project Architect, Hennebery Eddy Architects; David Lintz,
Owner's Representative and Project Manager,OTAK; and Spencer Bradley,Construction
Manager/General Contractor, Bremik Construction, presented the Council Report via PowerPoint. Key
highlights included project goals, conceptual site layout,the estimated overall project cost of
$21,229,922, site-specific cost drivers included in the overall bond cost, and millage rate analysis. Prior
to any community engagement or education, polling results in June showed 59 to 60 percent were
willing to vote yes on the bond in the$20 million to $22 million overall amount range and 61 to 66
percent of household paying in the $100 and $150 range were willing to vote yes. In February,the
project team will return with polling results post-community engagement and updating the conceptual
design and specific cost information. Cost-saving scope reduction considerations were also reviewed,
and if necessary, Staff would recommend removing the community room, as removing bunk rooms and
apparatus space would directly impact response and reliability, staffing, and day-to-day operations,
which could impact the Insurance Services Office (ISO) rating.
Councilor Corrigan commended the team on finding a temporary fire station for$430,000 and noted
remarks by firefighters during a fire station Steering Committee Tour that the community rooms created
an additional work with managing the public coming and going and creating additional complications in
the event of an emergency.The 1.5 percent for art per City ordinance was worthwhile and part of the
project. Councilor Corrigan served with Councilor Mboup on the Arts Council and recognized the
difference art makes in the way people relate to public buildings, believing this project's art would likely
reflect what firefighters want as well as the surrounding community and will help the building fit in.
Councilor Wendland stated the project cost estimate was a bit higher than expected due to an increase
in construction costs. Hopefully, the City would receive more competitive bids, but as a public entity,
Lake Oswego's budget was well-known and bids could be tailored to it. Councilor Wendland agreed the
community room should not be included to save$1 million, as the city had plenty of other spaces for
resident use, and also agreed the current scope of four bays and eight dormitories should be retained.
The process and community involvement was impressive with 25 people already serving on the PAC, a
good indicator of the community's acceptance of the project. Councilor Wendland acknowledged the
contingency was necessary but preferred not to have to spend it.
Questions and comments from Councilors were addressed by Staff and the project team as follows with
City Council Regular Meeting Minutes Page 5 of 9
December 16, 2025
additional Councilor comments as noted:
• City Manager Bennett believed the bond could be sold in phases, rather than all at once.The bond
for design and initial construction could be sold, and then after bids were received,the remainder of
the bond could be sold. It was noted the rules had changed about refunding bond balances. Staff
would have Finance Director Cross provide a more accurate answer.
• Project management services were being handled by Artman and OTAK.The basis for the $600,000
project management costs constituted a couple OTAK colleagues, a project coordinator, and three
years of labor, including attending multiple weekly meetings for a couple years.The figure was
based on another fire station and OTAK's experience.The contract currently was$100,000 to get
the OTAK team through the bond, after which they would likely create a request for proposal for
project management services.
• City Manager Bennett noted having an owner's rep with City Hall ultimately saved the City
construction costs.The project management services cost was a large number but overall would
likely reduce the total project cost compared to the Lake Oswego Recreation and Aquatics
Center(LORAC) which had several Staff members devoted to project management and the City
probably spent at least the same amount of money.
• As to why a company was overseeing another company's contract,the project team explained
the $600,000 was an estimate of what OTAK would bill for the job cost and hourly rates per
month. With over 40 years of experience managing construction jobs in this particular contract
form, OTAK aimed to see over the horizon and prevent mistakes, providing technical expertise
to the City to save time and money by keeping the process streamlined.
• If the project cost ends up being less than the maximum amount the voters authorize for bond,
selling all the bonds at once would depend on how long the project lasts.The City could probably
sell the bonds in two issues, having a better idea on the second issue. If the project is$20 million,
the City could probably sell $8 million the first bond and then $12 million on the second, during the
second half of the project, when most of the construction would happen and more bonds are
needed. Doing so could save a little bit of interest payments, but it would cost more to issue the
bond twice. If the bonds are issued for$2 million more than the final project costs,the$2 million
would be returned or perhaps tied into to more than just this project.
• The 14,500 square foot building cost was around $940 per square foot,which was reasonable.
Similar fire stations have been over$1,000 a square foot, so now was a good time to go out to bid
for competitive numbers.
• Councilor Afghan noted being sensitive to the cost and highlighted public testimony today noting
many Lake Oswego residents living on fixed incomes with rising costs and other capital projects
being built, also increasing costs. Councilor Afghan supported the project but wanted to ensure the
money would be spent responsibly and asked why four bays were requested and not three.
• Assistant Fire Chief Kristine Artman replied that the Task Force saw the need for three and a
half bays, looking at current and future operational needs. In the next five years,the fire truck
will be replaced, presenting the opportunity for the first time in the city's history to have a
reserve fire truck.The first bay would house Engine 212, and the second bay would house Boat
212 with the tow rig.The third bay would house Brush Truck 212 currently sitting in the parking
lot at Station 210 because there was no place to store it, and the fourth bay would house the
reserve truck. Having a truck to put in service when the front-line truck gets preventative
maintenance three times a year,totaling three weeks out of the year,would help determine the
ISO rating. A fire truck was a totally different resource from a fire engine. Currently when the
front-line truck is out of service,the fire truck crew goes into a fire engine.The 100-foot aerial
capacity is not available when the front-line truck is out of service. In five years, all four of the
bays would be filled. Artman would also like to have the Medic Unit located at Station 212.
City Council Regular Meeting Minutes Page 6 of 9
December 16, 2025
• The architects used their extensive knowledge of working on essential facilities and other fire
stations as the backbone when beginning the design discovery. Essential facilities have seismic
requirements,which does dictate somewhat how the building is constructed and configured.The
project team was also taking into consideration full life-cycle cost analysis related to the finishes and
components of the structure, ensuring a 50-year-plus fire station was being built. Understanding the
crew would be maintaining the facility was also taken into consideration with selections that would
lighten that burden.The architects worked in concert with Bremik using these goals and their
understanding of the market to select certain systems, the cost per square foot and applying the
goals to the program the architects were designing for. All work described went towards the cost
presented today.The nature of the site eliminated considerations like butler buildings.
• The 6 percent escalation was established through a blend of art and science, as it was unknown
exactly where the project would be in mid-2027, assuming the bond passes in May 2026.The recent
Consumer Price Index over the past five years had shown monthly changes ranging from 1 percent
to 9.1 percent.The average over the past few years was just below 5 percent,which is what the Task
Force reflected in its report and is a rather responsible number. Economic volatility with interest
rates,tariffs, and similar posed a bit more risk. For a bonded project,the project team believed the
responsible number was 6 percent annualized in lieu of the 5 percent from the Task Force report
• Tonight's decision regarded which scope to proceed with and what size of a bond to put out, not
contracting strategy and/or compensation strategy of executing the project.
• Best practices for design of a fire station included a gate as shown in the drawing presented, but the
gate was still up for discussion and could be added to a scope reduction.
Mayor Buck noted Council consensus to remove the community room but to include the bunk rooms
and the four bays. Mayor Buck noted it was phenomenal that the project team was able to fit all
elements on the one site, adding the team had done well keeping the project within the initial
parameters, notwithstanding geographical barriers like the rock the Task Force was unaware of.
Confidence was expressed that the team would work diligently to control the cost as much as possible.
The City had done well delivering projects critical to the community's safety and well-being. It was
known that community members had a greater likelihood of surviving a cardiac event and other medical
events due to how the City geographically dispersed the fire stations throughout town. It was important
to continue being able to save lives by providing the appropriate facility for the City's first responders.
The City had heard from neighbors that stopping traffic to back fire vehicles in and out was a safety
issue, so it was great to get the pull-through for three bays.
Council consented to the project team presenting the final conceptual design and bond cost on January
20, 2026. Council's direction would be incorporated to remove the community room and the gate. On
February 17, 2026,the project team would make its final appearance to Council for a decision on
whether to refer to bond.
10. RECESS,CITY COUNCIL
Mayor Buck recessed the Lake Oswego City Council meeting at 4:42 p.m.
11. CALL TO ORDER, REDEVELOPMENT AGENCY
Chair Buck called to order the Lake Oswego Redevelopment Agency meeting at 4:42 p.m.
12. BOARD BUSINESS
City Council Regular Meeting Minutes Page 7 of 9
December 16, 2025
12.1 Approval of Meeting Minutes
• July 15,2025 Draft LORA Meeting Minutes
• September 2, 2025 Draft LORA Meeting Minutes
• September 16, 2025 Draft LORA Meeting Minutes
Board Member Mboup moved to approve the July 15, 2025;September 2, 2025;and September 16,
2025, meeting minutes as written. Board Member Verdick seconded the motion.A voice vote was
held, and the motion passed,with Chair Buck and Board Members Afghan,Corrigan, Mboup,Verdick,
and Wendland voting'aye', (6-0).
13. ADJOURNMENT, REDEVELOPMENT AGENCY
Chair Buck adjourned the Redevelopment Agency meeting at 4:43 p.m.
14. RECONVENE, CITY COUNCIL
Mayor Buck reconvened the Lake Oswego City Council Meeting at 4:43 p.m.
15. INFORMATION FROM COUNCIL
Councilor Corrigan reported on attending the Arts Council meeting with Councilor Mboup and shared
the update received on the Respond to Racism Project, which would take about a year and start in early
January. Council would receive further updates throughout the year.
Councilor Wendland reported on a successful Chamber of Commerce holiday event, noting about 130
attendees. Chamber staff and the Ironlight facility were commended.
Councilor Mboup reported on attending the Sustainability Advisory Board meeting where work
continues on GPLE and on attending the Youth Leadership Council with Mayor Buck, noting the
participants were doing great work.
Councilor Verdick reported on the Library Advisory Board's productive meeting where next year's goals
were discussed, including aligning with Council's goals.The Board was working on Lake Oswego Reads
and other programming, including on demonstrating and defining libraries of the future. City Manager
Bennett added the new Bookmobile arrived on Friday, and Staff would train on it soon.A soft launch
would occur right after the first of the year. A community celebration would be held in conjunction with
the summer reading program.The Bookmobile would sport the City's colors.
Mayor Buck reported on the first three meetings of the Foothills Task Force, noting the Citizens Advisory
Committee was doing good work. The consultants shared results of focus groups,which were mixed.
People were excited about Foothills development but also concerned about traffic and housing
affordability.
• TriMet was moving forward with reductions to service, and the City was trying to have TriMet come
talk at a City meeting. Seventy percent of those TriMet surveyed regionally were Portland residents
who felt not enough outreach had been done in Clackamas and Washington Counties.TriMet was
considering eliminating the County shuttles and the routes with fewer riders and expected its
financial situation to continue to deteriorate and cuts to continue. Challenging conversations with
TriMet affected Lake Oswego residents who relied on transit.TriMet was trying to focus on areas
City Council Regular Meeting Minutes Page 8 of 9
December 16, 2025
where people had no choice but to use transit.
• Mayor Buck also reported on supportive housing services reform and described updates to Metro's
governance structure of the supporting housing services measure, which would create a new model,
having the Oversight Committee made up more of elected officials and ensure representatives of
organizations are not those receiving money from the supporting housing services measure.The
model would include one city representative and one county representative from each county,
although Portland would also have its own seat. Lake Oswego's Metro councilor had advocated for
geographic disparity for the non-elected officials.
• It was confirmed the Metro housing services must be put on the ballot again, as it expires in
2030. It remained to be seen if the governance structure would lead to the needed
programmatic changes to show better efficacy results.
• Metro had created a Safe Streets Fatal Crash Dashboard.The Joint Policy Advisory Committee on
Transportation (JPACT) meetings shared the traffic fatalities every month. A desire had been
expressed for JPACT to have more transparency about where the accidents were happening, and the
group was working on identifying the factors that contribute to the crashes in order to prevent
them.
• Mayor Buck commended City Attorney Osoinach, as tonight was Osoinach's last Council meeting.
City Attorney Osoinach spoke about the professional honor of serving the City.
16. REPORTS OF OFFICERS
There were none.
17. ADJOURNMENT
Mayor Buck adjourned the City Council meeting at 4:58 p.m.
Respectfully submitted,
Laural Hawkins, City Recorder
Approved by the City Council on February 17, 2026.
Joseph M. Buck, Mayor
City Council Regular Meeting Minutes Page 9 of 9
December 16, 2025
5.2
E 0 COUNCIL REPORT
pi4..
V -w 0
GREGO\--"
Subject: Findings for Ordinance 2971, 4000 Kruse Way Place Rezoning (LU 25-0029)
Meeting Date: February 17, 2026 Staff Member: Ellen Davis, Senior Planner
Report Date: February 6, 2026 Department: Planning and Building Services
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑X Approval
❑ Public Hearing ❑ Denial
❑X Ordinance ❑ None Forwarded
❑ Resolution ❑ Not Applicable
❑ Information Only Comments: The Council held a public hearing on
❑ Council Direction February 3, 2026 and tentatively approved the
❑X Consent Agenda proposed Map Amendments.
Staff Recommendation: Enact Ordinance 2971.
Recommended Language for Motion: Move to enact Ordinance 2971 and adopt findings for
LU 25-0029.
Project/ Issue Relates To: Adoption of findings and enaction of Ordinance 2971 (LU 25-
0029), amending the Comprehensive Plan Map and Zoning Map for 4000 Kruse Way Place.
❑X Council Goals/Priorities ❑X Comprehensive Plan ❑Not Applicable
EXECUTIVE SUMMARY
On February 3, 2026, the City Council conducted a public hearing and tentatively approved LU
25-0029 (Ordinance 2971), a proposal to amend the Comprehensive Plan Map designation from
OC/R-3 to OC/R-0 and amend the Zoning Map designation from OC to R-0 for properties at
4000 Kruse Way Place.
The attached ordinance and findings reflect the Council's direction to approve the proposed
Map Amendments.
RECOMMENDATION
Enact Ordinance 2971 and adopt findings for LU 25-0029.
Respect. eI'er Trust. c
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
EXHIBITS
A. Draft Ordinance
Draft Ordinance 2971
Attachment 1: City Council Findings
Attachment 2: Proposed Comprehensive Plan Map and Zoning Map
Amendments, 10/16/2025
Respect. Excel'enEe. Trust. Service
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
EXHIBIT A
ORDINANCE 2971
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING THE LAKE
OSWEGO COMPREHENSIVE PLAN MAP AND ZONING MAP TO CHANGE THE DESIGNATION FOR A
12.67 ACRE PARCEL FROM A COMPREHENSIVE PLAN DESIGNATION OF OC/R-3 TO OC/R-0 AND
FROM A ZONING DESIGNATION OF OC (OFFICE CAMPUS) TO R-0 (HIGH DENSITY RESIDENTIAL)
AT 4000 KRUSE WAY PLACE (21E08BA04000; 21E08BA04001; 21E08BA04002)AND ADOPTING
FINDINGS (LU 25-0029).
WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the
manner required by law; and
WHEREAS, public hearings were held before the Planning Commission on October 27, 2025, and
December 8, 2025, at which the staff report, public testimony and other evidence were received
and considered; and,
WHEREAS, the Planning Commission has recommended that LU 25-0029 be approved by the City
Council; and
WHEREAS, a public hearing on the Planning Commission recommendation was held by the City
Council of the City of Lake Oswego on February 3, 2026, at which the staff report, public testimony
and the record of the proceedings before the Planning Commission were received and considered;
and
WHEREAS, the Council finds that the proposed amendments to the Comprehensive Plan and zoning
map from a Comprehensive Plan designation of OC/R-3 to OC/R-0 and from a Zoning designation
of OC (Office Campus) to R-0 (high density residential) at 4000 Kruse Way Place (21E08BA04000;
21E08BA04001; 21E08BA04002) is consistent with all applicable Comprehensive Plan policies,
Metro Code requirements and Statewide Planning Goals, and Administrative Rules;
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 25-0029) attached as
Attachment A.
Section 2. The Comprehensive Plan and Zoning Maps are hereby amended as illustrated on the
map in Attachment B from a Comprehensive Plan designation of OC/R-3 to OC/R-0 and from a
Zoning designation of OC (Office Campus) to R-0 (high density residential).
Section 3. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 4. Effective Date. As provided in Section 35C of Chapter VIII of the Lake Oswego Charter,
this ordinance shall take effect on the thirtieth day following enactment.
Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 17th day
Ordinance 2971—01/13/26 DRAFT
LU 25-0029 PAGE 1 OF 2
EXHIBIT A
of February 2026.
AYES:
NOES:
ABSTAIN:
ABSENT:
Joseph M. Buck, Mayor
Dated:
ATTEST:
Laural Hawkins, City Recorder
APPROVED AS TO FORM:
Erica Tatoian, Special Counsel
Ordinance 2971—01/13/26 DRAFT
LU 25-0029 PAGE 2 OF 2
ATTACHMENT 1
LU 25-0029
(Ordinance 2971)
1 BEFORE THE CITY COUNCIL
2 OF THE CITY OF LAKE OSWEGO
3 A REQUEST FOR A COMPREHENSIVE PLAN LU 25-0029
MAP AMENDMENT FROM OC/R-3 TO OC/R-0
4 AND ZONING MAP AMENDMENT FROM OC (Kruse Way LLC/Maple Multi Family Land TX,
(OFFICE CAMPUS) TO R-0 (HIGH DENSITY LP-John Frnka)
5 RESIDENTIAL) FOR PROPERTY AT 4000 KRUSE
WAY PL; ORDINANCE 2971 FINDINGS, CONCLUSIONS & ORDER
6
7
8 NATURE OF PROCEEDINGS
9 This matter came before the City Council on a recommendation from the Planning
10 Commission to approve an application for:
11 1. A Comprehensive Plan Map amendment from OC/R-3 to OC/R-0; and
12 2. A Zoning Map amendment from OC to R-0.
13 The site is located at 4000 Kruse Way Place, Tax references 21E08BA04000, 21E08BA04001 and
14 21E08BA04002.
15 HEARINGS
16 The Planning Commission held a public hearing and considered this matter on October
17 27, 2025. A request for continuance was granted to leave the record open for written testimony
18 only. The Commission held the continued hearing and conducted deliberations on December 8,
19 2025. On January 12, 2026, the Planning Commission adopted findings, conclusions and order
20 recommending approval of LU 25-0029 (Exhibit B-001). The City Council held a public hearing
21 and tentatively approved LU 25-0029 on February 3, 2026. The following exhibits were
22 submitted after the Planning Commission hearing:
23
G Exhibits: Public Comments
24
Exhibit G-524 Anderson 1-30-2026
25
Exhibit G-525 Waluga Neighborhood Association 1-30-2026
26
Ordinance 2971 (LU 25-0029) ATTACHMENT 1/Page 1 of 4
1 CRITERIA AND STANDARDS
2 A. City of Lake Oswego Community Development Code-Procedure [Chapter 501:
LOC 50.07.003.1.b Burden of Proof
3 LOC 50.07.003.3 Notice of Public Hearing
LOC 50.07.003.4 Hearings before a Hearings Body
4 LOC 50.07.003.5 Conditions of Approval
LOC 50.07.003.7 Appeals
5 LOC 50.07.003.15 Major Development
6
B. City of Lake Oswego Comprehensive Plan Policies:
7
Land Use Planning
8 Policies A-1(a-i), A-6, B-2, B-5, B-6, B-7, B-11, D-1, D-7, E-1(a-g), and E-2(b)(i&ii)
9
Community Culture (Civic Engagement)
10 Policies 1, 2, 4 and 5
11
Inspiring Spaces and Places
12 Goal 1: Policy 6, Goal 2: Policy 3
13
Complete Neighborhoods and Housing
14 Policy A-1(a)
15
Economic Vitality
16 Policy A-1
17
Connected Community
18 Policies A-1, A-7, B-1, B-2, B-3, B-5, C-1, C-6, C-7, D-4, F-2, and G-6
19
Community Health and Public Safety
20 Sound Quality, Policy 1
21
Healthy Ecosystems
22 Goal 5 Resources: 2, 3, and 9, Urban Forest and Vegetation: 1, 4, and 8, Air Quality: 3,
23 and 5
24 C. Metro Urban Growth Management Functional Plan
25 Chapter 3.07
Title 6: Centers, Corridors, Station Communities and Main Streets [MC 3.07.640(a-c)]
26 Title 7: Housing Choice [MC 3.07.730(a-c)]
Ordinance 2971 (LU 25-0029) ATTACHMENT 1/Page 2 of 4
1
D. Transportation Planning Rule (Chapter 660, Division 12)
2 OAR 660-12-0060, Plan and Land Use Regulation Amendment
3
E. Oregon Statewide Planning Goals
4 Goal 6: Air, Water and Land Resources
5 Goal 10: Housing
Goal 12: Transportation
6
F. Waluga Neighborhood Plan
7
Land Use Chapter- Policies 1, 2, and 4
8 Open Spaces and Natural Resources— Policies 1, 2, 4, 5, 7(b) and (c), 9, 11, and 12
9 Economic Development— Policies 7 and 9
Housing— Policy 3
10 Stormwater— Policies 1, 2, 3, and 4
Transportation — Policies 2, 5, and 13
11
FINDINGS AND REASONS
12
13 The City Council incorporates the Planning Commission staff report, dated October 15,
14 2025 (Exhibit D-001), with all exhibits attached thereto, the staff memorandum to the
15 Commission dated December 3, 2025 (Exhibit D-002), and the Commission's January 12, 2026
16 Findings, Conclusions and Order for LU 25-0029 (Exhibit B-001), together with the following
17 supplemental findings of the City Council. If there is any inconsistency between the
18 supplemental findings and the incorporated materials, the supplemental findings control.
19 Following are the supplemental findings of the City Council:
20 1. Comprehensive Plan Land Use Planning Policies E-1(f) and E-2(b)(ii). The
21 Council received testimony that the applicant had not met its burden of proof with respect to
22 the applicable City of Lake Oswego Comprehensive Plan Land Use Planning Policies E-1(f) and E-
23 2(b)(ii). These policies were previously raised at the Planning Commission hearing and are
24 addressed in the Applicant's Narrative (Exhibit F-001) on pages 19-21 and in the Staff Report
25 (Exhibit D-001) on pages 10-11. Public need for housing, related to Policy E-1(f), is also
26 addressed in the Planning Commission Memo (Exhibit D-002) on pages 3-4. The Council concurs
with the Commission's findings.
Ordinance 2971 (LU 25-0029) ATTACHMENT 1/Page 3 of 4
1 CONCLUSION
2 The City Council concludes that LU 25-0029, as recommended by the Planning
3 Commission, complies with all applicable criteria and should be approved. The Council also
4 concludes that proposed Ordinance 2971, which implements LU 25-0029 consistent with the
5 Planning Commission's recommendation, should be enacted.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Ordinance 2971 (LU 25-0029) ATTACHMENT 1/Page 4 of 4
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5.3
COUNCIL REPORT
V -w 0
OREGO�
Subject: Resolution 26-04, Ratifying a Collective Bargaining Agreement between the Lake
Oswego Police Officers Association and the City of Lake Oswego.
Meeting Date: February 17, 2026 Staff Member: Megan Phelan, Assistant City Manager
Report Date: February 6, 2026 Department: City Manager's Office
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑X Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑ Consent Agenda
Staff Recommendation: Adopt Resolution 26-04
Recommended Language for Motion: Move to adopt Resolution 26-04 ratifying a collective
bargaining agreement between the Lake Oswego Police Officers Association and the City of
Lake Oswego.
Project/ Issue Relates To: NA
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable
ISSUE BEFORE COUNCIL
Should Council ratify a collective bargaining agreement between the Lake Oswego Police
Officers Association (LOPOA), and the City of Lake Oswego?
BACKGROUND
In executive session, the City Council provided staff direction regarding labor negotiations
between the City and the Lake Oswego Police Officers Association (LOPOA). The result of those
negotiations is a proposed collective bargaining agreement through June 30, 2028.
Respect. F,. PI'Pr,_P Trust. Se'vi.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
DISCUSSION
A summary of the major economic points of the collective bargaining agreement follows:
• Cost of Living Adjustment (COLA): A COLA of 2.3% retroactive to July 1, 2025. A COLA
effective July 1, 2026 based upon the CPI-U Portland Cost of Living Index Western
Region B-C with a minimum of 2% and a maximum of 4%. A COLA effective July 1, 2027
based upon the CPI-U Portland Cost of Living Index Western Region B-C with a minimum
of 2% and a maximum of 4%.
• Compensation Plan Adjustments: The City will update the LOPOA compensation plan
pay grade 312 and pay grade 310 by eliminating Step 1, retitling the steps, and adding a
new Step 6 to be 5% above Step5, retroactive to July 1, 2025. The classification of Senior
Communications Operator will be retitled to Communications Operator. Pay grade 305
will be eliminated, and employees in that pay grade will be placed into pay grade 310.
• Increased Deferred Compensation Contributions: The City will increase the deferred
compensation contribution amount from 2.5%to 3% effective July 1, 2026, and to 4%
effective on July 1, 2027.
• Extra Holiday Pay: For employees whose work schedules include New Years' Day, July 4,
Thanksgiving, and/or Christmas, they shall be eligible for overtime pay, at one and one-
half(1.5) times their regular rate of pay for all hours worked on the actual holiday. For
employees who volunteer or are mandated to work on any of these identified holidays,
they shall be eligible for overtime pay, at two (2) times their regular rate of pay for all
hours worked on the actual holiday.
• Increase Employee Contribution to Health Insurance: Employees will pay 7% of the
monthly medical and dental insurance premium, to a maximum of$130 per month for
Regence BC/BS, and a maximum of$115 per month for Kaiser effective the first of the
month following ratification. Effective January 1, 2027, employees will pay 8% of the
monthly medical and dental insurance premium, to a maximum of$140 per month for
Regence BC/BS, and a maximum of$130 per month for Kaiser. Effective January 1, 2028,
employees will pay 10% of the monthly medical and dental insurance premium, to a
maximum of$140 per month for Regence BC/BS, and a maximum of$140 per month for
Kaiser.
• Increase Vacation Accrual: Employees will accrue 16.67 hours of vacation per month at
16+years, instead of 17+years.
• Term: Three-year contract.
A full copy of the collective bargaining agreement is attached to Resolution 26-04 as Exhibit A.
FISCAL IMPACT
The cost for a 2.3% COLA in year one, plus the adjustments to the compensation plan is
approximately$340,000.00. This amount does not include benefits and other related payroll
costs. This amount is about twice what is in the current budget. There might be a need to
transfer an amount to the Police Department from the General Fund's operating contingency.
Respect. Excellence. Trust. Service
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 3
Currently it is looking like the department's contingency should be able to absorb some or all of
this amount. Staff will continue to monitor the Police budget and come back to Council if a
budget adjustment is necessary.
RECOMMENDATION
Adopt Resolution 26-04 ratifying a collective bargaining agreement between the Lake Oswego
Police Officers Association and the City of Lake Oswego.
ATTACHMENTS
1. Resolution 26-04, with Exhibit A
Respect. Fv. „i'en e Trust. -!
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
ATTACHMENT 1
RESOLUTION 26-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO RATIFYING A COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE LAKE OSWEGO POLICE OFFICERS ASSOCIATION AND THE
CITY OF LAKE OSWEGO.
WHEREAS,the City of Lake Oswego collectively bargains with the Lake Oswego Police Officers
Association, over wages, hours, and conditions of employment; and
WHEREAS,the collective bargaining agreement expired on June 30, 2025; and
WHEREAS,the City of Lake Oswego and Lake Oswego Police Officers Association have reached a
tentative agreement;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The City Manager is authorized to sign the collective bargaining agreement between the
Lake Oswego Police Officers Association and the City of Lake Oswego, through June 30, 2028 in the form
attached as Exhibit A.
Section 2. Effective Date.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
17th day of February, 2026.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joseph M. Buck, Mayor
ATTEST:
Laural Hawkins, City Recorder
APPROVED AS TO FORM:
Erica Tatoian, Special Counsel
EXHIBIT A
O�� E cpopi
H )
_VORGO�
AGREEMENT
BETWEEN THE
CITY OF LAKE OSWEGO
AND THE
LAKE OSWEGO POLICE OFFICERS' ASSOCIATION
(LOPOA)
EXPIRES J U N E 30, 2028
EXHIBIT A
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE 1-RECOGNITION 1
ARTICLE 2-MANAGEMENT RIGHTS 1
ARTICLE 3-GENERAL PROVISIONS 2
ARTICLE 4-PEACEFUL PERFORMANCE OF CITY SERVICES 3
ARTICLE 5-UNION SECURITY 3
ARTICLE 6-DUES CHECK OFF 4
ARTICLE 7-OUTSIDE EMPLOYMENT 4
ARTICLE 8-WAGES 5
ARTICLE 9-INCENTIVE PAY 7
ARTICLE 10-REIMBURSEMENT FOR BOOKS AND TUITION 9
ARTICLE 11-HOURS OF WORK 10
ARTICLE 12-OVERTIME AND COMPENSATORY TIME 12
ARTICLE 13-SHIFT CHANGE-ADVANCE NOTICE 15
ARTICLE 14-STANDBY PAY 17
ARTICLE 15-PREMIUM PAY ASSIGNMENTS 18
ARTICLE 16-CALL BACK 21
ARTICLE 17-LAYOFF 22
ARTICLE 18-WORKING OUT OF CLASSIFICATION 23
ARTICLE 19-TRAINING 24
ARTICLE 21-EMPLOYEE INSURANCE BENEFITS 25
ARTICLE 22-EMPLOYEE DEVELOPMENT AND REVIEW 26
ARTICLE 23-WORKERS'COMPENSATION 26
ARTICLE 24-VACATIONS 29
ARTICLE 25-IN LIEU OF HOLIDAYS 31
ARTICLE 26-SICK LEAVE 31
EXHIBIT A
ARTICLE 27-BEREAVEMENT LEAVE 34
ARTICLE 28-WITNESS AND JURY DUTY 35
ARTICLE 29-ASSOCIATION BUSINESS 35
ARTICLE 30-CONTRACT RENEWAL SESSIONS 36
ARTICLE 31-SUBCONTRACTING 36
ARTICLE 32-PERSONNEL FILES 37
ARTICLE 33-PROBATIONARY PERIOD 38
ARTICLE 34-ASSIGNMENTS 40
ARTICLE 35-DISCIPLINARY ACTION 40
ARTICLE 36-GRIEVANCE PROCEDURE 40
ARTICLE 37-SENIORITY CLAUSE 42
ARTICLE 38-AMENDMENT AND CLOSURE CLAUSE 43
ARTICLE 39-SAVINGS CLAUSE 44
ARTICLE 40-TORT LIABILITY 44
ARTICLE 41-TERM OF AGREEMENT 44
APPENDIX A 46
APPENDIX B-EMPLOYEES' BILL OF RIGHTS 47
APPENDIX C-DRUG AND ALCOHOL POLICY 51
APPENDIX D-HONOR GUARD 59
APPENDIX E-LOCOM MANDATORY OVERTIME PROCESS 60
APPENDIX F-OFFICER MANDATORY OVERTIME PROCESS 61
EXHIBIT A
PREAMBLE
This Agreement is entered into between the City of Lake Oswego, Lake Oswego, Oregon,
referred to as "The City," and the Lake Oswego Police Officers' Association, of Lake Oswego,
Oregon, referred to as "The Association," for the purpose of fixing the 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
1.1 The City recognizes the Lake Oswego Police Officers' Association of Lake Oswego,
Oregon as the sole and exclusive bargaining agent for all regular full-time and part-time
employees in the classification of Police Officer, Community Service Officer, Evidence
Technician, Behavioral Health Specialist, Behavioral Health Case Manager, Shift Lead
Communications Operator, Communications Operator, and Communications Operator
Trainee, excluding temporary and casual employees, part-time employees regularly
scheduled to work less than twenty (20) hours per week and supervisors, managers, and
confidential employees as defined by ORS 243.650 and all other classifications of
employees.
1.2 New classifications developed by the City, and determined to be appropriately included
in the bargaining unit, shall be assigned a wage scale by the City. The City shall forward
to the Association the new classification and wage scale. The wage scale for the new
classification shall then be subject to negotiations and statutory impasse procedures.
1.3 This Agreement shall be applied equally to all employees represented by the Association
without discrimination as to union affiliation or the absence thereof, or political
affiliation. The Association shall share equally with the City the responsibility for
applying the provisions of this section.
1.4 Part-time employees covered by this Agreement shall receive all benefits provided by
this Agreement. However, benefits shall be prorated based on their regularly scheduled
hours of work.
ARTICLE 2—MANAGEMENT RIGHTS
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 management, including, but not limited to, directing the activities of the Police
Department, determining standards and levels of service and methods of operation,
including subcontracting as limited by Article 31 and the introduction of new
Lake Oswego Police Officers' Association
Collective Bargaining Agreement
Expires June 30, 2028 1
EXHIBIT A
equipment; the right to hire, layoff, 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, except where abridged by a specific provision
of this Agreement, are not subject to the grievance procedure specified in Article 36. It
is further agreed that the City retains all rights, powers and privileges not expressly
specified in this section.
2.2 The exercise of any rights under this Article which are or impact a mandatory subject of
bargaining are subject to negotiation prior to implementation, pursuant to PECBA.
In the event the City desires to amend or modify or change the status quo that is a
mandatory subject of bargaining or that has a mandatory impact the City will provide
the Association President with written notice of the proposed change. The Association
shall have fourteen (14) calendar days to demand to bargain in writing to the person
proposing the change or their designee. The failure of the Association to demand to
bargain in writing to the proposed change within fourteen (14) calendar days of the
notice provided for above shall serve as a waiver of the Association's right to bargain.
The Association's written objection shall specify the nature of the bargaining demand by
identifying whether the Association believes the proposed change involves a mandatory
subject of bargaining or a permissive subject of bargaining that impacts a mandatory
subject.
Thereafter, the parties shall bargain in good faith over said changes for a period not to
exceed ninety (90) calendar days. If after the passage of ninety (90) calendar days, the
parties have not reached agreement, either party may declare an impasse and initiate
interest arbitration pursuant to ORS 243.746 by requesting a list of seven (7) arbitrators
from the Employment Relations Board (ERB). If the parties cannot mutually agree to an
arbitrator, they will, by lot, alternately strike names and the least one will be the
arbitrator. The arbitrator shall conduct a hearing within ninety (90) calendar days of
announcement of their selection, or at such other time as the parties mutually agree.
The parties shall submit evidence in support of their last best offer pursuant to ORS
243.746. The arbitrator shall make a decision whether the City's proposal or the
Association's proposal shall be adopted pursuant to the interest arbitration criteria set
forth in ORS 243.746.
ARTICLE 3—GENERAL PROVISIONS
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
Lake Oswego Police Officers' Association
Collective Bargaining Agreement
Expires June 30, 2028 2
EXHIBIT A
this Agreement also shall have the right to refuse to join in the activities of the
Association or any other employee organization. No employee shall be interfered with,
intimidated, restrained, coerced or discriminated against by the City or by the
Association because of their exercise of these rights.
3.2 Non-discrimination. Neither the City nor the Association shall discriminate against any
employee covered by this Agreement in a manner which would violate any applicable
laws because of age, marital status, sex, sexual orientation, gender identity, disability,
race, color, religion, national origin, association affiliation, political affiliation, reporting
unsafe working conditions or other protected status or activities as recognized under
state or federal law.
3.3 Non-Retaliation. Neither the City nor the Association shall interfere with, intimidate,
restrain, coerce, or discriminate against any employee covered by this Agreement in a
manner which would violate any applicable laws.
3.4 Police Officer's Bill of Rights. The attached, marked "Appendix B" is incorporated as part
of this Article.
ARTICLE 4—PEACEFUL PERFORMANCE OF CITY SERVICES
4.1 There will be no strike (including sympathy strike), slowdown or recognition of any
picket line while in the performance of official duties. For purposes of this section,
"strike" means an employee's refusal in concerted action with others to report for duty,
or their willful absence from their position, or their stoppage of work, or their absence
in whole or in part from the full, faithful or proper performance of their duties of
employment, for the purpose of inducing or coercing a change in the conditions, com-
pensation, rights, privileges or obligations of employment. 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 employee involved in such activity. Nothing in this Article
shall preclude recourse by the City to such other legal or equitable remedies as may be
available to it.
4.2 Each employee who holds the position of officer, representative or negotiator of the
Association occupies a position of special trust and responsibility in maintaining and
bringing about compliance with the provisions of this Article. The Association agrees to
inform its members of their obligations under this Agreement and to direct them to
return to work.
ARTICLE 5—UNION SECURITY
5.1 Membership or non-membership in the Association shall be the individual choice of
employees covered by this Agreement.
Lake Oswego Police Officers' Association
Collective Bargaining Agreement
Expires June 30, 2028 3
EXHIBIT A
5.2 The City will notify the Association of all new hires in the bargaining unit within two (2)
weeks after the employee's first day of work and shall furnish the Association with the
new employee's name, mailing address and position for which they were hired.
5.3 The City agrees to furnish and maintain a bulletin board in the briefing room in the
Police Department to be used by the Association for the posting of notices and bulletins
relating to the Association which are not prohibited by ORS 260.432.
ARTICLE 6—DUES CHECK OFF
6.1 The City agrees to deduct from each employee's pay the dues, charges, fees, and
assessments in the amount set by the Association for those employees who individually
authorize such deductions in writing. Such authorization may be revoked in writing and
will be effective the first pay period following thirty (30) calendar days' notice to the
Association and City.
6.2 The City will not be held liable for check off errors, but will make proper adjustments
with the Association for check off errors as soon as practicable. The Association will
indemnify and hold the City harmless from any and all suits, actions, and claims against
the City whether for damages, compensation or any combination thereof, arising out of
the City's compliance with the terms of this Article. This includes any action brought by
an employee or citizen under this Article.
6.3 The amounts to be deducted shall be certified to the City by the Association and the
aggregate deductions of all employees shall be remitted together with an itemized
statement to the Association by the tenth day of the succeeding month after such
deductions are made.
6.4 The Association shall notify the City upon the effective date of this Agreement, the legal
mailing address of the Association and the authorized agent of the Association to
receive dues. The Association shall notify the City immediately of any changes in
authorized individuals or the mailing address.
ARTICLE 7—OUTSIDE EMPLOYMENT
7.1 Permission to work other outside employment while an employee of the City of Lake
Oswego must be submitted in writing to the Police Chief or their designee prior to
starting the outside employment. The Police Chief or their designee will respond in
writing within three (3) business days, unless the City has not received sufficient
information to make a decision. In order to be approved, the outside employment must:
Lake Oswego Police Officers' Association
Collective Bargaining Agreement
Expires June 30, 2028 4
EXHIBIT A
a. In no way detract from the efficiency of the employee in City duties;
b. Not take preference over extra duty required by City employment;
c. Not present a legal or ethical conflict of interest with the police
profession; and
d. Not involve the employee's use of the Department uniform unless
authorized by the Department.
The outside employment may not be approved if it requires the City to pay overtime or
hire replacement personnel because of the outside work.
7.2 The Police Chief or their designee may, upon reasonable grounds, at any time revoke
permission to hold outside employment.
7.3 Incompatible Work. The parties agree that employees performing investigative work
for insurance agencies, investigative work or process serving for attorneys or working
for a collection agency is incompatible with the City work. However, this list of
incompatible work is not complete or exhaustive. Other types of outside employment
shall be reviewed on an individual basis.
ARTICLE 8—WAGES
8.1 The City shall pay a 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 begin to participate in
the system on or before July 1, 1980 to the termination of this agreement. The full
amount of required employee contributions paid by the City on behalf of employees,
pursuant to this agreement, shall be considered as "salary" for the purposes of
computing an employee member's "final average salary" but shall not be considered as
"salary" for the purposes of determining the amount of employee contributions
required to be contributed. Such paid employee contributions shall be credited to the
employee accounts and shall be considered to be employee contributions.
8.2 Wage rates for employees covered by this Agreement shall be increased as follows:
a. Effective and retroactive to July 1, 2025, wages shall be increased by
2.3% which is the yearly percentage change in the CPI-U Western Region
Size B-C Index for the period of time ending December 2024.
Lake Oswego Police Officers' Association
Collective Bargaining Agreement
Expires June 30, 2028 5
EXHIBIT A
Effective and retroactive to July 1, 2025:
Pay Grade 312 (Drop/Add): Step 1 of pay grade 312 will be
eliminated. The remaining steps (2 through 6) will be renumbered
(i.e. the current Step 2 will be renumbered to Step 1, Step 3 will
become Step 2, etc.) and a new Step 6 will be created. The new
Step 6 will be 5% above Step 5. After the drop/add adjustment,
pay grade 312 will have the same number of steps as it currently
has. Employees at the current Step 1 will be moved to the new
Step 1, and employees at the current Step 6 will be moved to the
new Step 6. All other employees at the current Steps 2 through 5
will be placed at their renumbered step (e.g., an employee at
Current Step 2 will be placed at the renumbered Step 1) and they
will advance to the next step on the adjusted pay grade per CBA,
8.3.
Pay Grade 310 (Drop/Add/Retitled): Step 1 of pay grade 310 will
be eliminated. The remaining steps (2 through 6) will be
renumbered (same as described with 312, above) and a new Step
6 will be created. The new Step 6 will be 5% above Step 5. After
the drop/add adjustment, pay grade 310 will have the same
number of steps as it currently has. Employees at the current Step
6 will be moved to the new Step 6. The classification will be
retitled to Communications Operator.
Pay Grade 305 (Elimination of Grade): Pay grade 305 will be
eliminated. Employees in pay grade 305 will be placed onto the
newly adjusted and retitled pay grade 310 at the step that is
higher paid and closest to their current step (e.g., an employee at
Step 2 on 305 will be placed at Step 1 on the pay 310 as adjusted).
b. Effective July 1, 2026, wages shall be increased by the yearly percentage
change in the CPI-U Western Region Size B-C Index for the period of time
ending December 2025, with a minimum of 2% and a maximum of 4%.
The amount shall be carried to the first decimal point.
c. Effective July 1, 2027, wages shall be increased by the yearly percentage
change in the CPI-U Western Region Size B-C Index for the period of time
ending December 2026, with a minimum of 2% and a maximum of 4%.
The amount shall be carried to the first decimal point.
8.3 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 one-hundred and eight (180) days of
employment and yearly thereafter through the steps of the salary range based on
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satisfactory performance. If an employee is denied a step increase, the employee may
grieve the denial through the grievance procedure.
8.4 Longevity Pay
Employees will receive longevity pay as follows:
a. Those who have more than six (6) consecutive years of service in the
bargaining unit will be paid an additional three percent (3%) of base
wages.
b. Those who have more than nine (9) consecutive years of service in the
bargaining unit will be paid an additional four percent (4%) of base
wages.
c. Those who have more than twelve (12) consecutive years of service in
the bargaining unit will be paid an additional five percent (5%) of base
wages.
8.5 Deferred Compensation
The City maintains a 457 deferred compensation plan. The City contributes a total of
two and a half percent (2.5%) of base salary into individual employee deferred
compensation accounts per pay period. Base salary does not include incentive or
assignment pay. The City accepts no liability for the success or failure of individual
investment programs. This selection is subject to applicable tax rules.
Effective July 1, 2026, the City will contribute a total of three percent (3%) of base salary
into individual employee deferred compensation accounts per pay period.
Effective July 1, 2027, the City will contribute a total of four percent (4%) of base salary
into individual employee deferred compensation accounts per pay period.
8.6 Shift Differential
Employees regularly assigned to work graveyard shift shall receive five percent (5%) of
their base pay for all hours worked in their graveyard shift. This graveyard shift
differential does not apply if the employee works overtime on day or swing shifts, or if
an employee regularly scheduled to work day or swing shift works graveyard overtime.
ARTICLE 9— INCENTIVE PAY
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9.1 Incentive pay will be given to those employees who meet the requirements contained
herein and have made a written request submitting proof of college-level course work
and/or certification of the degree obtained to the Police Department. An eligible
employee shall begin to receive such additional pay the first of the month following
receipt of such proof of qualification, and shall lose incentive pay the first of the month
following ineligibility.
9.2 Incentive pay requirements are as follows:
Option 1. Two (2) years of college-level course work or Department of Public
Safety Standards and Training Intermediate Certificate/ Dispatcher Certification,
and has maintained satisfactory performance;
Or
Option 2. Two (2) years of college-level course work and Department of Public
Safety Standards and Training Intermediate Certificate/Dispatcher Certification,
and has maintained satisfactory performance;
Or
Option 3. Four (4) year college degree or Department of Public Safety Standards
and Training Advanced Certificate/Dispatcher Certification, and has maintained
satisfactory performance;
Or
Option 4. Four (4) year college degree and Department of Public Safety
Standards and Training Advance Certificate/Dispatcher Certification, and has
maintained satisfactory performance.
Or
Option 5. Advanced college degree (Master's or Doctorate Degree)
9.3 No new employee shall receive incentive pay until their successful completion of FTEP
and their DPSST basic or career officer development Academy training. A lateral
employee who meets the education and/or DPSST incentive pay requirements, as set
forth above, will be eligible for the applicable incentive pay upon hire. Qualified laterals
are defined below in Section 9.5.
9.4 Employees who are eligible for incentive pay shall receive five percent (5%) of the top
step for their classification upon satisfying the requirements on Option 1 above; six
percent (6%) of the top step for their classification upon satisfying the requirements on
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Option 2 above; ten percent (10%) of the top step for their classification upon satisfying
the requirements of Option 3 above; eleven percent (11%) of the top step for their
classification upon satisfying the requirements on Option 4 above; or fifteen percent
(15%) of the top step for their classification upon satisfying the requirements on Option
5 above.
9.5 To qualify as a lateral employee, the candidate must:
a. Currently be employed in the equivalent position applied for or hold current
certification for the position applied for;
b. Currently possess any certifications as required by the Oregon Department of Public
Safety Standards and Training (DPSST) or certifications specific to their position, and
not be required to attend the full police academy;
c. Have completed a field training and evaluation program where required;
d. Have three (3) or more years of experience in the position applied for (excluding
reserve time); and
e. Be in good standing with a State of Oregon Law Enforcement Agency, where
applicable.
ARTICLE 10— REIMBURSEMENT FOR BOOKS AND TUITION
10.1 Subject to a maximum of twenty-five thousand ($25,000) dollars per employee, per
fiscal year, 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 job classification or to an undergraduate degree program
approved by the Department. The course must be approved in advance by the Police
Chief, and completed with a grade point of 2.0 or better. Reimbursement requests must
be submitted no later than thirty (30) calendar days from course completion.
Reimbursement of tuition is subject to a budgeted amount not to exceed fifty thousand
($50,000) per fiscal year in the Police Department budget. Funds shall be distributed on
a first come first serve basis.
10.2 Reimbursement is not available to those employees who are eligible to receive
compensation through other subsidizing programs or from any other sources, such as
the G.I. Bill, LEEP, or other similar programs. Any employee requesting tuition
reimbursement may be required to demonstrate their ineligibility to receive
compensation and/or reimbursement through these programs.
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10.3 A further stipulation for any tuition reimbursement is that the benefited employee is
required to continue employment with the City for a period of two (2) years after
completion of the course(s). Voluntary separation from City service prior to this time
period will require that the employee return to the City a portion of the amount
received. The employee will be given credit for one twenty-fourth (1/24) of the amount
received for each month of completed service after completion of the course for which
reimbursement was made. The City may recover the reimbursement through deduction
from the employee's final paycheck or through other legal means to the extent
permitted by law.
10.4 The City will not normally provide reimbursement for college courses beyond the
requirements for a bachelor's degree. Individual post-graduate courses related to the
job classification will be considered on a case-by-case basis and shall be approved in
advance by the Police Chief or their designee; such approval for post-graduate course
will not be unreasonably denied.
10.5 It is acknowledged that the federal government sets the maximum amount allowed for
employer-provided educational assistance to be exempted from being taxed as wages.
Tuition reimbursement in excess of this federally established maximum will be taxable
as wages consistent with applicable law. The City is not responsible for any employee's
tax liability as a result of tuition reimbursement.
ARTICLE 11— HOURS OF WORK
11.1 A normal work week shall consist of forty (40) hours and shall consist of five (5)
consecutive work days, followed by two (2) consecutive days off, if an eight (8) hour
shift; or four (4) consecutive work days followed by three (3) consecutive days off, if a
ten (10) hour shift. A normal workday shall consist of eight (8) hours per day on the
basis of a five (5) day work week, or ten (10) hours per day on the basis of a four (4) day
work week. The City may establish alternate work schedules with the agreement of the
Association and the affected employees. All work hours shall be consecutive except and
during annual shift rotation or shift bumps and assignments based on seniority, and as
set forth under Article 11.6, below.
For purposes of payroll, the work week shall commence on Sunday at 12:00 a.m. and
end on the following Saturday at 11:59 p.m.
11.2 LOCOM Alternative Scheduling. Assuming adequate staffing levels are attained to
enable the City of Lake Oswego to support a four-ten (4-10) hour work schedule for its
Communication Operators, the City may implement a four-ten (4-10) work schedule for
Communication Operators.
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It is understood and agreed that the determination of whether adequate staffing levels
exist to support the implementation or continuation of a four-ten (4-10) work schedule
for Communication Operators remains with the City. It is further understood and agreed
that in the event that such staffing levels are not attained or drop below levels deemed
adequate by the City, the City retains the right to discontinue the four-ten (4-10) work
schedule and return to five-eight (5-8) work schedule or the two-twelve—two-eight (2-
12/2-8) work schedule. In such event, the City will post a new shift schedule for a
minimum of ten (10) calendar days and employees will remain in effect for the
remainder of the January through June or July through December shift bid period, as
appropriate, or until adequate staffing levels are re-established and the City has
announced its intention to return to four-ten (4-10) work schedules.
11.3 Rest Periods. A rest period of fifteen (15) minutes will be permitted for all employees
during each half of an eight (8) or ten (10) hour shift, which will be granted by the City,
to the extent possible and consistent with the operating requirements of the
Department and each employee's duties, and shall be considered on-duty working time.
Employees who work twelve (12) hour shifts will be granted one extra fifteen (15)
minute rest period. Rest periods shall not be taken at the beginning or end of a work
period or accumulated for use at a later time. The combining of rest periods with meal
periods for any employee shall be at the sole, non-grievable discretion of the
Department.
11.4 Meal Periods. All employees will be granted a thirty (30) minute meal period during
each work shift, to the extent possible and consistent with operating requirements of
the Department. Each meal period shall be scheduled in the middle of the work shift, to
the extent possible. Meal periods shall be considered working time and will be paid. In
the event an employee is notified of unexpected need to hold over during their shift and
is required to work four (4) or more hours beyond their regular quitting time, the
employee shall be provided a meal at the expense of the City, or at the option of the
City, shall be reimbursed up to $10.00 for the actual cost of the meal, with verification
of expenditure.
11.5 Communication Operators will be permitted to leave their consoles, except where
operational needs dictate otherwise. Communications Operators who are on break or
meal periods will remain subject to call to their consoles in cases of immediate need.
Consequently, Communications Operators may be on break outside and in the
immediate vicinity of the Communications Center, if in contact with the Center by
handheld radio. Communications Operators may be allowed to leave the Center during
breaks and/or meal periods, as long as minimum staffing is maintained, with supervisory
approval.
11.6 Newly hired employees who are attending basic recruit school will be assigned to
training schedules and hours established by DPSST. During the period an employee is
undergoing training at the Academy to obtain basic certification, their regular work
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schedule shall commence as designated by DPSST. Time spent in training in excess of
forty (40) hour per week, Monday through Friday, exclusive of meal periods, shall be
compensated at one and a half times the employee's regular rate. When possible,
overtime must be approved in advance.
ARTICLE 12—OVERTIME AND COMPENSATORY TIME
12.1 Except as set forth in Article 11.6, when the City requires an employee to work beyond
their forty (40) hours per week, or beyond their regularly scheduled eight (8) hours, ten
(10) hours, or twelve (12) hours per shift, the employee shall be eligible for overtime
pay or compensatory time subject to Article 12.5 below, at one and one-half (1-1/2)
times their regular rate of pay. Overtime shall be computed to the nearest fifteen (15)
minutes. There shall be no duplication of hours in computing overtime.
For employees whose work schedules are affected by changes to and from standard
time/day light savings time, the City may adjust the work schedule of those who would
otherwise be required to work an extra hour to avoid incurring overtime pay
obligations. Similarly, the City may adjust the work schedule to those who would
otherwise work one (1) less hour, in order to assure that employee receives a full work
shift. Those who are required to work an extra hour due to time changes will be paid
overtime for that hour or be given the opportunity to work one (1) less hour, with
supervisory approval. Those who work one (1) less hour will be given the option of using
compensatory, vacation or holiday leave banks for that hour, having their pay reduced
by one (1) hour or, for ten (10) hour shift employees, remaining at work for their entire
ten (10) hour shift.
Paid vacation, sick leave, holiday pay, and compensatory time shall be considered hours
worked for the purpose of computing overtime.
12.2 In the event the City determines, under short notice (less than seventy-two (72) hours)
or during the course of a shift, that it is necessary to mandate an employee to work
overtime, the City shall first offer the opportunity to work the overtime to those
employees currently at work, on a seniority basis. In the event that no on duty
employee volunteers to work overtime, the overtime assignment will be filled in
accordance with the mandatory language in Article 12.4 below. This section does not
prohibit the City from calling an employee in. The City may divide an overtime shift
between the least senior employee on shift and the most senior employee scheduled to
work the next shift.
LOCOM employees who volunteer for a mandatory overtime shift that is known
seventy-two (72) or more hours in advance, will not be required to work beyond the
volunteered hours unless they are next up on the mandatory list or under exigent
circumstances.
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Overtime assignments for employees, that are known seventy-two (72) or more hours in
advance, will be posted as whole shifts for a duration of at least one-hundred and
twenty (120) hours, whenever possible. Overtime shifts may be divided provided the
employee who voluntarily signs up for a shift that is less than four (4) hours waives the
contractual four (4) hour callback minimum. In such cases, the employee shall be
compensated for actual time worked at the applicable overtime rate as defined in this
Agreement. Priority will be given to employees who sign up for the entire posted shift
with preference to the most senior employee.
If no one signs up for the overtime during that time period, assignments will be filled
first by offering it to the supervisors in accordance with Article 12.3, and then in
accordance with the mandatory language in Article 12.4 below.
Overtime assignments for employees will not be posted for assignments more than
ninety (90) calendar days in advance of needed coverage.
Once an employee is identified for an overtime shift, either through sign-up or
mandatory assignment as described in Article 12.4, senior employees have up to
seventy-two (72) hours to exercise their right of seniority to bump for the overtime
assignment. At the conclusion of the seventy-two (72) hour bump period, that shift
becomes the responsibility of the assigned employee. The employee may only be
released from the shift if the employee's need to be released from the shift is otherwise
protected by law (ex. Oregon Sick Time law) or if they arrange for a qualified
replacement or trade, subject to supervisory approval.
12.3 Police and LOCOM Supervisors shall be allowed to perform bargaining unit work under
the following conditions. The Supervisor will only work those overtime shifts that would
otherwise require a bargaining unit member to be mandated to work or one that has
not been filled for an open compensatory time request that requires overtime. A
bargaining unit member may "bump" the Supervisor up to seventy-two (72) hours prior
to the shift. After seventy-two (72) hours it is assumed that no bargaining unit member
wants the shift and no "bumping" will be allowed. If a Supervisor declines to sign up for
an open shift, that shift shall revert back to the mandatory rotation of the bargaining
unit or the compensatory time request will be denied. The Supervisor filling the
overtime shift will count to the minimums of the shift, and in the case of a Patrol
Supervisor, shall be expected to fill the role of the district officer they are replacing.
12.4 Mandatory Overtime.
In order to cover overtime shifts which qualify as mandatory overtime and have not
been filled, there will be two (2) mandatory overtime lists; one (1) for Police and one (1)
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for Lake Oswego Communications (LOCOM). One list will consist of all Police Officers
assigned to the patrol division who are no longer in the Field Training Program for the
Police list, and the other list will consist of all Communications Operators, and Shift
Leads who are no longer in the Field Training Program for the LOCOM list.
Mandatory overtime will be considered any overtime that is required to be worked in
order to cover a vacant shift. This would include shift extensions. Some examples of
mandatory overtime are; sick coverage, annual vacation coverage, training coverage,
etc. However, only an overtime shift that is four (4) or more hours in duration will be
considered mandatory for the purpose of rotating on the mandatory list.
The lists and sign off sheets will be posted in an agreed upon place whether it is in a
physical location or utilizing technology, such as the department's scheduling software.
The lists will be posted initially in inverse seniority where the least senior employee will
be at the top of the list, and the first to be mandated.
See Appendix E for the LOCOM Mandatory Overtime Process.
See Appendix F for the Officer Mandatory Overtime Process.
12.5 Compensatory Time Off. Compensatory time off may be accrued by an employee as a
result of call back, court appearances, training or overtime to a maximum of one-
hundred and twenty (120) hours. Compensatory time will be accrued at the overtime
rate and paid at the straight time rate. Compensatory time may be cashed out by the
employee upon written request and will be paid at the next pay period.
Compensatory time off shall be granted subject to the following:
a. Employees shall request to use compensatory time off no more than
ninety (90) calendar days prior and no less than twenty-four (24) hours in
advance of the requested compensatory time off. This twenty-four (24)
hour notice will, subject to "b" below, be considered reasonable notice
under the Fair Labor Standards Act.
b. Minimum staffing shall remain at three (3) officers or the established
minimum in LOCOM. (Staffing requirements are, however, subject to
change at the discretion of the City.) If the Department cannot secure a
volunteer to cover for the employee who is requesting compensatory
time off and thereby enable minimum staffing levels to be maintained,
compensatory time off will be denied.
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d. Compensatory time off must be taken in blocks of four (4) consecutive
hours or more, whenever compensatory time must be covered with
employees working overtime.
12.6 Upon separation from employment with the City, accrued compensatory time will be
paid to the employee or in the event of death to the employee's heirs, as required by
law at the final regular rate earned by the employee.
12.7 Each year an employee may sell and the City may purchase the compensatory time
balance above forty (40) hours, subject to available funds. Such purchase elections shall
be made to be effective within the thirty (30) calendar days prior to a step increase or
across the board wage adjustment.
12.8 Officers will not be permitted to work more than sixteen (16) consecutive hours
performing patrol duties in a twenty-four (24) hour period. Officers assigned to perform
non-patrol functions may be required to work more than sixteen (16) hours in a twenty-
four (24) period. Officers will not, however, be allowed to sign up for overtime
immediately preceding or following their regular scheduled shift that exceeds a total of
sixteen (16) hours. In such an event, once the officer qualifies for overtime pay, they
will continue to receive overtime pay until released from duty, irrespective of whether
the work being performed extends into their next regularly scheduled workday. If the
officer's work does extend into their next regularly scheduled workday and they are
released from duty, their accrued compensatory, holiday or vacation time will be
charged for the remainder of their workday. In the event the employee does not
designate which type of paid leave is preferred, compensatory time will be used first,
followed by holiday, then vacation pay.
12.9 LOCOM operators will not be permitted to work more than twelve (12) consecutive
hours performing console duties; however, the inability to find an operator to meet
minimum staffing may require additional hours in special circumstances.
12.10 For employees whose work schedules include New Years Day, July 4, Thanksgiving,
and/or Christmas, they shall be eligible for overtime pay, at one and one-half(1.5) times
their regular rate of pay for all hours worked on the actual holiday. For employees who
volunteer or are mandated to work on any of these identified holidays, they shall be
eligible for overtime pay, at two (2) times their regular rate of pay for all hours worked
on the actual holiday. "Actual holiday" means midnight through 11:59 pm of the listed
holidays in this section. See also Section 25.2.
ARTICLE 13—SHIFT CHANGE—ADVANCE NOTICE
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13.1 The City shall determine the shift schedule and shift days. An employee will be given
adequate advance notice of any temporary shift change in their regular assigned work
shift. Any temporary shift change without prior notice that results in an employee being
required to return to work at a time earlier or later than they would on their normal
schedule, shall make that employee eligible for overtime, not to exceed ten (10) hours,
if that employee was not notified of such change within seventy-two (72) hours prior to
the change of shift. However, if an employee volunteers to change shifts temporarily,
the employee shall not be eligible for overtime pay, and shall have waived the noticing
requirement.
13.2 Except as stated in Articles 13.5 and 13.6, shift selections will be made first by the most
senior employee assigned to those duties and will continue to the least senior employee
assigned to those duties in descending order until each shift is filled.
13.3 For each calendar year uniformed Patrol Officers, Detectives, Community Service
Officers, Traffic Officers, Communication Operators, and Shift Leads will select shifts and
days off once a year for two (2) shift bid periods, January through June, and July through
December, as determined by the Department. Annual shift selection and days off
requests shall be submitted beginning on October 15th of the preceding calendar year
and finalize no later than November 15th. Shift selections shall become effective
between January 2nd and 15th, and July 15t and 15th, as determined by the Department.
Canine Officer(s) are part of Police Patrol and will participate in the uniformed Patrol
Officers annual shift selection process with the following restrictions. Canine Officers
must select different work shifts, with no more than one (1) Canine Officer assigned to
any work shift. Each Canine Officer must select work days that include the current
regional canine training date as one (1) of their regular work days. Canine Officer shift(s)
and days off options may be withheld from the Patrol Officers annual selection to
ensure that Canine Officers can select work days that include the regional canine
training day as a regular work day. The current regional canine training day will be
identified as the sole discretion of management based on department needs. A Canine
Officer may not be allowed to work the same shift for more than three (3) consecutive
years unless approved by management. Canine Officers will be part of the shift
minimum staffing and will take calls like other Patrol Officers except while on an active
canine call. The canine program is implemented at the sole discretion of the Chief of
Police.
As noted above, Shift Leads will participate in the annual shift selection process with the
following restrictions. The City has the ability to designate specific "shift lead shifts" for
shift leads to select from to ensure leadership coverage is spread throughout the work
week, after first conferring with the Shift Leads regarding their desired schedules.
The Department reserves the right to change the hours of an employee's work
assignment based on the Department's needs. In such an event the City determines that
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a change in the shifts of uniformed Patrol Officers, Communications Operators or
Community Service Officers is necessary based on operational needs, the shift change
will be posted for a minimum of seven (7) calendar days and selections will be made in
accordance with Article 13.2. This seven (7) day notice requirement does not, however,
apply to temporary shift changes.
13.4 One (1) position shall be held open as a training position through which probationary
Police Officers and Communication Operators will/may be rotated for training on each
shift. Moreover, the City may create additional training positions as necessary to
meeting training needs of probationary Police Officers or Communications Operators.
13.5 If an employee is reassigned or changes divisions after the shift schedule has been
established and less than three (3) months remain in the year, the Officer or
Communications Operator shall assume the days off of the vacant position as well as the
vacant shift assignment. No bumping shall be permitted.
13.6 If three (3) or more months remain in the year, an employee who is reassigned or
changes divisions after the shift schedule has been established, the employee shall
select their shift and days off by seniority. Not more than three bumps shall be
permitted. If an employee has no choice about their shift assignment because a senior
employee bumped him into a new shift, their pre-selected vacation will not be affected.
If an employee elects to bump into a new shift, their previously approved annual leave is
void; the employee must submit a new request for annual leave to their new supervisor.
13.7 Employees who report for their regular shifts shall be compensated for a minimum of
four (4) hours of work or pay unless given advance notice not to report.
13.8 Employees may, subject to supervisory approval, voluntarily trade shifts for either a
short or long term duration. It is further understood and agreed that the seventy-two
(72) hour notice requirement set forth in Article 13.1 and the seven (7) calendar day
notice requirement set forth in Article 13.3 may be waived with the consent of the
employee.
ARTICLE 14—STANDBY PAY
14.1 Standby Pay. Whenever an employee is placed on standby, the employee shall be paid
the following amounts at their regular rate of pay while so assigned: one (1) hour of pay
for each regularly scheduled work day and two (2) hours of pay for each non-regularly
scheduled work day. When standby is anticipated in advance, it will be posted and will
be offered to qualified employees on basis of rotating seniority. Emergency and
unanticipated standby needs will be assigned to qualified employees on an equitable
basis, based on the needs of the City.
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An employee assigned to standby shall remain available and accessible. The employee
must respond to a contact within approximately fifteen (15) minutes (e.g., phone call or
text) and report to their work station within approximately one (1) hour of activation. In
the event of activation of standby, the employee will be paid at callback rate, in addition
to the two (2) hours of standby pay as described above.
ARTICLE 15— PREMIUM PAY ASSIGNMENTS
15.1 If the City assigns a Police Officer to the responsibilities of a Tri-Met Officer, School
Resource Officer (SRO), Adult Resource Officer (ARO), Motorcycle Officer,
Detective, or Training Officer, for all or a part of a shift, the employee while so assigned
shall receive five percent (5%) of their base pay salary for the entire shift. An employee
fluent in a foreign language, or in American Sign Language, shall also receive five
percent (5%) of their base pay. In order to be eligible for language premium pay, an
employee must be fluent as determined by the City in its sole discretion.
Canine Officers will be paid five percent (5%) per month of employee's base pay salary
when assigned as a Canine Officer. In addition, Canine Officers shall be paid one (1) hour
at one and one half(1-1/2) times their regular rate of pay for each day to account for
the amount of off-duty time spent to care for the canine. On-duty time, in addition to
compensation per this section, may be granted to care for the canine, subject to
approval from the Canine Officer's supervisor. The five percent (5%) differential and the
additional compensation provided per this section is intended to compensate the
Canine Officer for off-duty grooming, feeding and care of the animal. The parties agree
that this provision fully compensates the Canine Officer for these activities. Required
training of the canine will continue to be paid at applicable straight-time or overtime
rates.
Employees will be allowed to receive a maximum of ten percent (10%) for multiple
premium pay assignments under 15.1.
15.2 If an instructor is assigned to train other employees in those areas and spends at least
one half of their shift providing or preparing for such training, the instructor shall
receive five percent (5%) of their salary for the entire shift. Employees may be removed
as an instructor without continued premium pay for not meeting articulable satisfactory
performance standards.
15.3 If the City assigns an employee the responsibilities of a Field Training Officer or
Communications Training Officer for all or part of a shift, the employee while so
assigned shall receive ten percent (10%) of their base salary for all hours worked and for
the entire shift if the employee works at least 50% of the shift. The City shall have the
right to assign an employee while acting as a Field Training Officer (i.e., with a recruit
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riding with them ) or Communications Training Officer to any shift, provided that no
more than one (1) Field Training Officer or Communications Training Officer with trainee
shall be assigned to a shift until all shifts have at least one (1) trainee. When not acting
as a Field Training Officer or Communications Training Officer, the employee shall be
returned to the shift originally bid.
15.4 Employees successfully completing the Acting Sergeant/Shift Lead process will be
granted Acting Sergeant/Shift Lead status and shall be eligible to serve as Acting
Sergeant/Shift Lead, as assigned by the City.
Supervisors will be able to choose their replacement from qualified Acting
Sergeant/Shift Lead who is working the shift in need of coverage.
If no Acting Sergeant/Shift Lead is working on the shift during the time needed to be
covered, the supervisor shall post the date and time the Acting Sergeant/Shift Lead is
needed. The most senior Acting Sergeant/Shift Lead to bid shall be chosen to fill in as
the Acting Sergeant/Shift Lead.
It is understood that situations may arise where there is insufficient time to permit a
posting, in such situations, as well as in situations where no officer bid for the Acting
Sergeant assignment, the City may assign an officer to serve as Acting Sergeant/Shift
Lead at its discretion.
15.5 Acting Sergeant
Any officer who is assigned to act as Acting Sergeant shall be paid a ten percent (10%)
wage premium on their base pay. Officers assigned to Acting Sergeant must meet the
qualification and eligibility standards below.
To be eligible to be considered an Acting Sergeant, an officer must:
• Have been employed a minimum of three (3) years as a law enforcement officer;
and,
• Be off probation with the Police Department (this requirement can be waived at
the City's discretion).
To be qualified to be assigned as an Acting Sergeant, an eligible officer must:
1. Be recommended for the assignment by two (2) Patrol Sergeants;
2. Complete the training within the time frame allowed by the program manager;
and,
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3. Positions will be held for one (1) year from the date of commission. Officers
wishing to participate for each additional year must receive a satisfactory review
of their Acting Sergeant performance from the patrol supervisors.
15.6 Communication Operator Shift Leads
In the event the Communications Manager, Communications Operations Supervisors,
and Shift Leads are unavailable, a Communications Operator may be assigned by the
Communications Manager, or their designee, to act as a Shift Lead. Communications
Operators assigned to act as Shift Leads shall be paid a ten percent (10%) wage premium
on their base pay while acting as Shift Lead.
To be eligible to be considered as a Communications Operator Shift Lead, an employee
must:
• Have been employed a minimum of five (5) years as a Communications
Operator; and,
• Be off probation with LOCOM.
To be qualified to be assigned as a Communications Operator Shift Lead, an eligible
employee must:
1. Be recommended for the assignment by their supervisor;
2. Complete the training within the time frame allowed by the Communications
Manager; and,
3. Positions will be held for one (1) year from date of commission. Employees
wishing to participate for each additional year must receive a satisfactory
review of their performance as Shift Leads from the Communications
Manager.
15.7 Officers who satisfactorily perform specialty assignments as a Tri-Met Officer, School
Resource Officer (SRO), Adult Resource Officer (ARO), Detective, Motorcycle Officer,
Training Officer (not FTO) or Canine Officer and are reassigned to regular patrol duty
shall have their pay frozen at the premium rate applicable for their specialty
assignments. Such officers shall continue to receive the five percent (5%) premium pay
applicable for their specialty assignments until the wage rate applicable for regular
patrol duty equals or exceeds the frozen premium pay assignment rate they were
receiving at the time they were reassigned to such regular duty. This provision does not
apply to employees who voluntarily leave a specialty assignment. Employees may be
removed from specialty assignment without continued premium pay for not meeting
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articulable satisfactory performance standards. See also Article 33.3 for Probationary
Period.
15.8 Officers assigned to the SWAT/HNT/MFF team(s) will receive five percent (5%) of their
base pay for all hours training and/or deployed in that capacity. Dispatchers certified as
a Quality Assurance Evaluator will receive five percent (5%) of their base pay for all
hours training and/or working in that capacity.
ARTICLE 16—CALL BACK
16.1 Call back is to be compensated at the rate of time and one-half(1 1/2) for a minimum of
four (4) hours, except as set forth below. A call back is defined as when an employee is
called back to work after being released from their regular work shift and required to
physically report to a City facility or another location as directed by the City.
16.2 An employee who is called back to work after having been released from their regular
shift by the City shall receive a minimum of four (4) hours pay at the rate of time and
one-half(1 1/2) their regular rate of pay unless the time is within one (1) hour of their
regular shift, starting or ending time, or as specified in Article 12.2, or for court time as
discussed below. Time will be computed to the nearest fifteen (15) minutes.
Each hour spent in excess of four (4) hours on call back shall be paid at time and one-
half(1 %) the regular rate of pay.
16.3 Court Time. Employees called to appear to court, outside their regular shift, on City
business, shall receive overtime compensation for their time spent in court that is
outside their regular shift per this Section.
For court time that is outside their regular shift, the employee shall be compensated for
a minimum of four (4) hours at the overtime rate. If a subsequent court appearance is
required that same day, it shall be considered part of the previous appearance, if there
is less than a one (1) hour break in appearances and it is beyond the initial four (4) hour
overtime period. If the break in appearances is one (1) hour or more beyond the initial
four (4) hour overtime period, the second appearance will receive the minimum four (4)
hour pay at the overtime rate, unless the time extends into the employee's regular shift.
If the four (4) hours overlaps into the employee's regular shift, the employee shall not
be compensated twice for the time, but shall only receive regular pay for the overlap
time.
For graveyard employees, any court time outside their regular shift is eligible for the
four (4) hour minimum.
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If the employee receives a subpoena after scheduling their day off, the employee is
eligible for overtime pay. However, if the employee receives a subpoena first and then
schedules a day off, the employee is not eligible for court time or overtime call back if
those hours coincide with their regular shift. Instead, an employee who requests time
off on a day and time when they have been subpoenaed to a court appearance will have
their paid leave banks credited with the actual number of hours spent in court during
their regularly scheduled hours of work.
Under no circumstances shall an employee receive compensation twice for the same
hours.
16. 4 If an employee is called back after having been released from a prior call back, this shall
not constitute a separate call back if it occurs within the four (4) hour period of the
initial call back.
16.5 Employees who are on off-duty status shall not be required to work beyond a
completion of a specific call-back except where precipitated by identifiable operational
needs.
16.6 Phone calls or text messages from the City to an off-duty employee, which require an
employee response, shall be computed to the nearest fifteen (15) minutes as specified
in Article 12.1. There shall be no duplication of hours in computing overtime. Phone calls
or text messages that do not require the employee to respond off-duty are not
compensable (e.g., inquiries about availability to work). Responses compensable under
this section are not considered a call back.
If an employee is called back to work after responding to such phone calls or text
messages, the employee will receive the minimum call back overtime set forth in this
Article 16 in addition to the overtime payment for the phone call/text response.
ARTICLE 17— LAYOFF
17.1 Layoff. The City may layoff an employee for a shortage of funds, business necessity,
change in staffing, reorganization or lack of work. Layoff shall be by specific job
classification as set forth in Appendix A in the following order: In the event there are
probationary employees in the classification selected for layoff, the probationary
employees in that classification shall be laid off first. In the event there is more than one
(1) probationary employee in the classification, the City may retain either probationary
employee, based on its determination of the relative skills, qualifications, abilities and
performance of those employees. In the event there are no probationary employees in
the classification(s) selected for layoff, regular employees within such classification(s)
will be laid off in ascending order (bottom to top) of an employee's seniority within the
classification.
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The City may also layoff employees who are unable to perform the essential duties of
their job with or without accommodation or failure to maintain the minimum
qualifications of their position, subject to applicable law. This could be due to an illness,
injury, or due to revocation of DPSST certifications as required in the "Licensing and
Other Requirements" section of the applicable job description. In such an event,
seniority shall not apply and the employee shall have no bumping rights. The employee
will, however, be placed on the recall list and will be eligible for recall in the event they
regain their ability to perform all the essential duties of their job (with or without
accommodation) or to satisfy minimum qualifications during the twenty-four (24)
month recall period. It shall be the responsibility of the employee to notify Human
Resources in the event they are unable to perform all the essential duties of their job
and/or regain their ability to satisfy minimum qualifications. Prior to recalling an
employee who is laid off under this provision, the City may require appropriate
verification of the employee's regained ability to meet the requirements of their
position, as applicable.
17.2 Bumping. Employees within the bargaining unit may bump from a higher classification
to a lower classification, providing the bumping employee has the current skills, ability
and qualifications to perform the lower classification; has greater bargaining unit
seniority; bumps the person with the least seniority in the lower classification and
exercises their bumping rights in writing within ten (10) calendar days of receipt of
layoff notice.
17.3 An employee shall be given written notice of a pending layoff at least thirty (30)
calendar days before the effective date of the layoff. The City may, in lieu of requiring
the employee to continue to work, offer to pay the employee for the straight time
wages(s) he would have earned during the thirty (30) calendar day notice period.
17.4 Recall. Regular employees who have been laid off shall be placed on a recall register for
a period of twenty-four (24) months from the date of the layoff. Reinstatement shall be
offered to those employees on the list for the job classification from which they were
laid off in descending order (from top to bottom) of seniority possessed at the time of
layoff prior to hiring any new employees. Notice of recall shall be made by Certified
Mail — Return Receipt Requested, regular mail, and e-mail, if the employee has provided
the City with a personal e-mail address. Laid off employees shall be responsible for
keeping the City informed of their correct mailing address and correct e-mail address.
Failure to respond to such recall notice within five (5) business days of the mailing of
the notice shall cause loss of recall eligibility. An employee shall have two (2) weeks to
report to work.
ARTICLE 18—WORKING OUT OF CLASSIFICATION
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18.1 Any employee designated by the City as acting-in-capacity in a position other than their
regular job classification shall receive an additional ten percent (10%) pay of their base
salary for all time worked in a higher classification.
ARTICLE 19—TRAINING
19.1 Employees shall participate in training, including firearms training, at times set by the
Chief of Police or their designee. Employees required to participate in any training
during off-duty hours shall be compensated for a minimum of four (4) hours at the rate
of time and one-half(1 %) of their regular rate of pay. Commuting time to and from
training shall be paid in accordance with the FLSA. The four (4) hour minimum does not
apply if the training is contiguous with the employee's normally scheduled workday.
19.2 The City agrees to provide all ammunition for required firearms training for approved on
or off duty weapons provided such off-duty weapon is the same caliber as an approved
on-duty weapon. The City shall supply an appropriate duty weapon which may be used
as an off-duty weapon.
19.3 Employees who are on off-duty status shall not be required to work beyond completion
of a specific training, except where precipitated by identifiable operational needs.
ARTICLE 20— UNIFORM ALLOWANCE
20.1 The City shall provide the required uniform to new Police Officers, Community Service
Officers and Evidence Technician. Police Officers, Community Service Officers and
Evidence Technician presently employed shall be provided any replacements or
additions to the required uniform when needed, as determined by the City. The
employer agrees to clean each uniform jacket/coat and hat three (3) times per year.
Additional cleaning may be approved by the City, as needed.
20.2 The City agrees to reimburse Police Officers, Community Service Officers, Behavioral
Health Unit Personnel, and Evidence Technician up to Two Hundred Dollars ($200)
annually for winter or summer footwear or to resole footwear, as needed.
20.3 The City will provide a clothing/cleaning allowance for plainclothes Police Officers and
the Behavioral Health Unit Personnel of Four Hundred Twenty-Five Dollars ($425.00) per
fiscal year.
20.4 The City will provide uniformed officers with professional services to clean and press one
(1) uniform per week. The service will include pick-up and delivery at the City twice per
week.
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20.5 The City shall reimburse employees on a case-by-case basis for personal property worn
or carried which is stolen, damaged, or destroyed during the course of employment as a
direct result of the employee's performance of official duties. Reimbursement will not
be granted if the negligence or wrongful conduct of the employee was a contributing
factor to the theft, damage or destruction thereof, or to the extent the property was
insured. To be eligible for this reimbursement, the employee must request restitution
for the property, in writing, to the Police Chief or their designee.
ARTICLE 21—EMPLOYEE INSURANCE BENEFITS
21.1 Medical and Dental. The City agrees to provide the following plans:
Medical Insurance. Employees may select either Regence BC/BS (administered
by CIS)/VSP Vision or the Kaiser plan.
Dental Insurance. Employees may select either Delta Dental or the Kaiser plan.
Effective the first of the month following ratification and approval, employees will pay
up to seven percent (7%) of the total medical and dental premium cost not to exceed
$130.00 per month for Regence BC/BS (tiered rates) and not to exceed $115.00 per
month for Kaiser (composite rate).
Effective January 1, 2027, employees will pay up to eight percent (8%) of the total
medical and dental premium cost not to exceed $140.00 per month for Regence BC/BS
(tier rates) and not to exceed $130.00 per month for Kaiser (composite rate).
Effective January 1, 2028, employees will pay up to ten percent (10%) of the total
medical and dental premium cost not to exceed $140.00 per month for Regence BC/BS
(tier rates) and not to exceed $140.00 per month for Kaiser (composite rate).
Employee contributions will be deducted from employee paychecks. In the event an
employee has depleted their paid leave accounts, but is entitled to continued payment
of the City's portion of the premium as described below, the employee must pay their
monthly contribution directly to the City.
Employees shall continue to receive medical, dental, disability and life insurance
benefits through the City's payment of its portion of the premium costs during the time
they are on paid leave (holiday, vacation, sick leave and compensatory time) or during
the time they are on FMLA and/or OFLA leave, whichever is greater. Benefit coverage
through the City's payment of its portion of the premiums will continue until the last
day of the month in which the employee's paid leave is depleted or FMLA and/or OFLA
leave expires, whichever occurs later, except as otherwise required by law.
21.2 The City agrees to pay the cost of the following life and disability benefit.
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Disability Insurance. Effective on the first of the month following execution of this
Agreement, the City shall provide long-term disability coverage up to $3600/month,
after a ninety (90) day waiting period.
Life Insurance. This plan provides a term life insurance benefit in the amount of the
employee's annual base salary to a cap of$50,000. The plan shall include an accidental
death and dismemberment benefit. The actual amount is subject to plan requirements.
21.3 Voluntary Employee Beneficiary Association. The City will maintain a Voluntary
Employee Beneficiary Association (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).
21.4 Domestic Partners. For purposes of this Article, where insurance benefits are extended
to "spouses", a registered domestic partner shall be considered a spouse. Children of
registered domestic partners shall also be considered family members of an employee.
The City shall require the employee to submit the registered certificate of domestic
partnership. Employees are obligated to promptly notify the Human Resources
Department if domestic relationships end.
ARTICLE 22— EMPLOYEE DEVELOPMENT AND REVIEW
22.1 Employees shall meet with their supervisor at least two (2) times a year consistent with
the City's Employee Development and Review program. The City shall strive to conduct
at least one (1) of these meetings no later than thirty (30) days from the employee's
anniversary date. Employees shall be given a copy of their documentation. Employees
will be given the opportunity to meet with their supervisors to discuss their
development and review their performance and may provide a written response, which
will be attached to the documentation. Employee development and performance
review outcomes may not be grieved. However, employees may submit written
rebuttals to the documentation.
ARTICLE 23—WORKERS' COMPENSATION
23.1 Workers Compensation Leave. For an employee with a pending or an accepted claim for
an on-the-job injury or occupational illness, and who is receiving time loss benefits, that
employee will receive their regular paycheck (including any overtime per statutory time
loss rules) for the first one-hundred and eighty (180) calendar days of absence
immediately following the date of injury or occupational illness. No sick leave will be
deducted from the employee's accruals for the one-hundred and eighty (180) calendar
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days immediately following the date of injury or occupational illness to cover absences
due to the injury or occupational illness.
a. For the first one-hundred and eighty (180) calendar days absence, and while
the employee is receiving time loss benefits, the employee's time when
absent from work due to the injury or occupational illness shall be coded as
"Workers Compensation Leave." Those hours may be used intermittently.
b. Employees will not be entitled to an additional one-hundred and eighty (180)
calendar days for aggravation of any such injury or illness. Aggravation claims
are included in the original injury/illness claim.
c. Employees who are granted light duty assignments, as well as employees
who are working their regular positions, while recovering from an accepted
claim for an on-the-job injury or occupational illness, will be able to code
"Workers Compensation Leave" for any time off for absence from work that
are attributable to such injury or occupational illness (i.e. doctor's
appointments, physical therapy sessions, etc.) provided the following is met:
1) it is within the one-hundred and eighty (180) calendar days (described
above); 2) it is within the one (1) year period immediately following the date
of the original injury or occupational illness; and 3) the employee is receiving
time loss benefits. An employee may utilize sick leave for such absences that
do not meet these conditions.
23.2 Time Loss Benefits. If eligible for time loss due to an on-the-job injury or occupational
illness, the employee will keep their time loss check. Employees will receive their regular
paycheck and benefits for the period they are receiving time loss benefits. Whether or
not the employee's leave banks are charged to makeup the difference between the
employee's time loss benefit and their regular paycheck depends on whether the
employee is still within the one-hundred and eighty (180) calendar day period as
described in Section 23.1.
A. For employees still within the one-hundred eighty (180) calendar days, any
time loss benefits received will be deducted from the employee's paycheck
and adjusted in the next available payroll cycle, or subsequent paychecks if
the employee's paycheck is insufficient to permit recovery.
B. After an employee has been absent for more than one-hundred and eighty
(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 shall be charged for only the differential between the employee's
time loss benefit and their regular gross wages.
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C. The employee shall continue to accrue all benefits including sick leave,
vacation accrual and health insurance while the employee is receiving time
loss benefits and/or using any paid leave bank. PERS will not be paid on any
workers compensation wages.
23.3 Leave Upon End of Time Loss Benefits. In the event an employee's time loss benefits
end, but they are unable to return to work, that employee may utilize full sick leave
benefits in order to receive their regular gross wages.
23.4 Order of Leave Usage. In the event an employee's sick leave benefits are depleted
(whether or not they are receiving time loss benefits), that employee shall use available
compensatory time, vacation pay and holiday pay to receive their regular gross wages.
In the event an employee does not specify whether they prefer to utilize compensatory
time or vacation pay, compensatory time will be utilized first, then vacation pay and
holiday pay. Should the employee deplete all available leave banks and still not be able
to return to work, the employee will be considered to be in a non-pay and non-benefit
status.
23.5 If an employee's workers' compensation claim is disputed, the employee will be eligible
to exercise the same options as outlined in Section 23.1 and Section 23.2, while the
claim is in disputed status. In the event that the employee's claim for injury or illness is
denied as a non-compensable injury or illness 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
they 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 compensatory time, vacation pay and holiday pay. In the
event an employee does not specify whether they prefer to utilize compensatory time,
vacation or holiday pay, compensatory time will be utilized first, then vacation pay and
holiday pay.
23.6 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 they should have received in sick leave and
other benefits pursuant to Section 23.1 and Section 23.2, 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 they were
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.
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23.7 An employee may elect for the time an employee is absent from work due to an on-the-
job injury or illness to count against the employee's FMLA leave consistent with
applicable law. If the employee makes no election, the time an employee is absent from
work due to an on-the-job injury or illness will not count against the employee's FMLA
leave.
ARTICLE 24—VACATIONS
24.1 Employees shall be credited vacation time as follows:
Years of Service Hours of Vacation
Per Month
0 through 3 8
4 through 9 11
10 through 15 _ 14.33
16 + 16.67
In no instance shall an employee accrue vacation time while they are on a leave of
absence without pay, except as required by applicable law. Vacation time off must be
approved in advance by the Police Chief, or their designee, unless there are exigent
circumstances. Vacation requests will be approved based on operating requirements.
Managers will deny vacation requests if leave is not available, except as otherwise
agreed upon for newly hired employees.
The City reserves the right to credit lateral new hires and other non-sworn represented
hires with experience in the hired job classification with up to sixty (60) hours of
vacation time in recognition of their previous work experience. Qualified lateral hires
may be considered for accelerated vacation accrual rates, as described above, based on
their time in their prior job classification. Employees are not eligible for vacation payout
should they leave employment within their first six (6) months.
24.2 Vacation time may be accrued to a maximum of two (2) years unless approved in writing
by the Police Chief. The cash equivalent of vacation time accrued in excess of the
maximum shall automatically be paid into employee VEBA accounts.
24.3 The following guidelines shall be followed when approving paid time off for police
personnel.
a. Approval of Annual Vacation Time. Annual vacation leave requests shall
be submitted in seniority order for approval starting October 15th and
ending December 15th. Approval shall be based on the needs of the
Department, as determined by the City. In the event of conflicts in
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annual requests, seniority shall prevail. An annual vacation schedule shall
be posted no later than January 15th for the vacation bid year
commencing January 15th.
A supplemental annual vacation leave process for the remaining vacation
slots will occur May 15th through May 31st for the period July 1st through
January 15th. Approval shall be based on the needs of the Department, as
determined by the City. In the event of conflicts in supplemental vacation
requests, seniority shall prevail.
Other vacation requests received after January 15th and after May 31st
shall be approved based upon the needs of the Department, as
determined by the City on the basis of time submitted, without regard to
seniority. In this instance, when an employee submits a request for vaca-
tion, it should be submitted no more than ninety (90) calendar days in
advance and it will be approved or denied at least seven (7) calendar
days prior to the first day of requested absence unless the request is
submitted less than seven (7) calendar days in advance. At the
supervisor's discretion, requests for vacation leave may be approved with
less than seven (7) calendar days' notice.
Cancellation of approved annual vacation leave shall occur only when the
employee is agreeable. Other vacations may be canceled only in
emergency situations.
Call back of a vacationing employee shall be avoided if possible and
should only be actively pursued if the employee is agreeable to
cancellation of remaining leave time.
Vacation time off should not be conditioned. However, if staffing levels
preclude unconditioned leave, an employee may request in writing a
conditioned leave.
b. Approval of Holidays. Requests for holiday should be submitted by the
employee at least seven (7) calendar days, but not more than ninety (90)
calendar days, prior to the effective date of the leave, and shall be
approved or denied two (2) calendar days before the effective date of the
leave unless mutually agreed otherwise. Employees shall be allowed
time off subject to the needs of the Department. At the supervisor's
discretion, requests for holiday time off may be approved with less than
seven (7) days' notice. If cancellation of holiday leave is required as a
result of such unforeseen things as illness, disability, military leave, etc.,
notice of cancellation should be made twenty-four (24) hours before the
effective hour of the leave.
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Holiday time off should not be conditioned. However, if staffing levels
preclude unconditional leave, an employee may request in writing a
conditional leave.
Generally, an employee on holiday leave should not be called back.
24.4 An employee may elect to be paid up to eighty (80) hours of accrued vacation with
approval from the City, once per fiscal year.
24.5 Vacation Incentive. Except for the use of FMLA/PLO/OFLA leave, and the first forty (40)
hours of sick leave protected annually under Oregon's Sick Leave Law, represented full-
time employees who do not use any sick leave during any consecutive three (3) month
period shall be entitled to convert ten (10) hours of accrued sick leave to ten (10) hours
of vacation leave.
Conversion requests should be submitted immediately after the conclusion of the
consecutive three (3) month period; however, requests made for converted time during
the previous rolling twelve (12) month period will be accepted. Requests that include
converted time prior to the rolling twelve (12) month period will not be considered.
ARTICLE 25— IN LIEU OF HOLIDAYS
25.1 Accrual of Holiday Compensatory Time. In lieu of holidays, all employees shall accrue
ten (10) hours credit for each full month worked.
25.2 Holiday Compensatory Time Usage and Banks. Holiday compensatory time shall be
maintained in a separate bank. An employee must maintain a minimum of zero to ten
(0-10) hours of holiday compensatory time in their bank. Holiday compensatory time
over ten (10) hours, but less than twenty-one (21) hours may be cashed out by an
employee, upon written request. The cash equivalent of holiday compensatory time in
excess of twenty-one (21) hours will be automatically paid into employee VEBA accounts
established pursuant to Article 21.3. All changes will be made effective on the next
available payroll cycle.
25.3 Employees will be eligible for overtime compensation for the holidays identified in
Article 12.10, in addition to the Holiday Compensation Time hours in Article 25.1.
ARTICLE 26—SICK LEAVE
26.1 Sick Leave Accrual. Sick leave shall be earned by each employee at the rate of eight (8)
hours for each full month of service. Employees shall be credited a prorated amount of
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sick leave for work less than a full month. Sick leave may be accumulated to a total of
not more than one-thousand (1000) hours.
Sick leave will continue to accrue while an employee is off work on paid leave, including
leave due to an on-the-job injury or occupational illness for which they are receiving sick
leave or other paid leave in conjunction with workers' compensation time loss benefits
pursuant to Article 23.
26.2 Sick Leave Upon Hire. Upon hire, new employees will be credited with a sick leave
balance equivalent to six (6) months' accrual. New employees will not accrue sick leave
during the first six (6) months of employment, but will resume accruing sick leave upon
completion of six (6) months employment.
26.3 Sick Leave Usage. Employees may utilize their accrued 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, pregnancy, necessity for medical or dental
care, or exposure to contagious disease.
b. When an employee is unable to perform their work duties by reason of
an on-the-job injury or occupational illness, as set forth in Article 23.
c. When the employee's presence is required to care for a member of their
immediate family who is ill or injured in accordance with FMLA, PLO,
OFLA (ORS Chapter 659A), and/or the Oregon Sick Leave Law (ORS
653.601-661).
d. For bereavement leave, as set forth in Article 27.2.
e. For other qualifying absences in accordance with FMLA, OFLA, PLO, the
Oregon Sick Leave Law, and/or Article 26.3 below.
For the purpose of this Article "immediate family" is defined as an eligible employee's
mother, father, spouse, domestic partner, sister, brother, children (biological, adoptive,
foster or step children), the domestic partner's child, mother and father, parent-in-law,
grandparent, grandchild, other relatives living in the employee's household, and a
person with whom the employee was or is in a relationship of in loco parentis. For
further information regarding what sick leave can be used for, contact Human
Resources.
A charge against the employee's sick leave account shall be made on a prorated basis
and in proportion to the time the employee was absent from their regular work shift. All
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sick leave payments shall cease upon the depletion of the employee's sick leave
account.
An employee may use accumulated paid leave time in lieu of sick leave.
26.4 Sick Leave and FMLA/OFLA. The City will comply with the Family Medical Leave Act
(FMLA), the Oregon Family Leave Act (OFLA), Paid Leave Oregon (PLO), and Oregon Sick
Leave Law. While on protected leave, an employee may utilize their sick leave benefits,
except for FMLA military exigency absences. Employees who qualified for and who are
absent from work for FMLA, PLO, and/or OFLA qualifying reasons are eligible to use
accrued paid leave. If an employee elects to use paid leave, sick leave will be used first
and thereafter, if the employee does not specify a preference, compensatory time, then
vacation pay, then holiday pay will be used in that order.
26.5 Medical Verification.The City may require an employee to submit written certification
from a physician or other acceptable verification of eligibility to receive sick leave
benefits under any of the following conditions:
a. Whenever the employee's absence exceeds three (3) consecutive
workdays;
b. Whenever the City can articulate facts giving rise to a good faith concern
that misuse of sick leave has occurred (i.e. questionable patterns of
usage, calling in on a previously denied day off, etc.), provided the
employee has been notified of such facts and has been given the
opportunity to address the concern before certification is required; and
c. As otherwise allowed in accordance with applicable law.
Acceptable verification may be required as a condition of payment. Any cost incurred by
the employee to obtain medical verification (i.e. co-pays) will be reimbursed by the City
Additionally, the City may require a medical release or medical verification of an
employee's work-related limitations whenever the City has a legitimate question about
whether an employee's illness or injury prevent them from performing essential job
duties without a threat to the safety of the employee or others. The City may also
require medical verification whenever it has a legitimate question about whether an
employee is caring for or needed to care for an ill or injured member of their immediate
family, or is entitled to receive sick leave as permitted by Article 26.3 above.
26.6 Sick Leave Authorization. A charge shall be made against sick leave credits for time
absent from work only. All sick leave must be approved by the employee's supervisor.
Approval may be withheld pending certification of the attending physician or
practitioner as set forth in Article 26.4, above. No compensation for accrued sick leave
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shall be allowed to any employee when they are separated from City service. Abuse of
sick leave shall be cause for disciplinary action.
26.7 Sick Leave and Disability. An employee may utilize their sick leave account or other paid
leave accounts until such time as the employee is eligible to receive disability insurance
payments under PERS or the City's long term disability insurance policy
26.8 Sick Leave and Retirement. The City will participate in the PERS Sick Leave Conversion
Program in accordance with ORS 238.350.
26.9 Donation towards Sick Leave. Employees may donate up to forty (40) hours of their
accumulated vacation, holiday or compensatory time per year to a donated leave bank
administered by the City for use by other employees who have exhausted their sick
leave and other paid leave accounts due to illness, injury or other medical conditions.
Donating time shall not be used to extend employment. To be eligible to apply for
donated leave, an employee must have a serious illness or medical condition or be
caring for a family member with a serious illness or medical condition that requires a
prolonged absence from work; and must not be receiving or eligible to receive long term
disability benefits.
Applications for donated leave must be made to the City, in writing, and must describe
the serious illness or medical condition necessitating the leave. All applications for
donated leave must be approved by the City in advance. The donating person's time to a
bank will be converted to money based on the donator's hourly rate. When a request is
made to the City for a donation, and approved by the City, the money is paid out at the
receiving employee's current rate of pay.
26.10 Contributions to VEBA. The cash equivalent of sick leave time accrued in excess of one-
thousand (1000) hours will be automatically paid into employee VEBA accounts.
ARTICLE 27— BEREAVEMENT LEAVE
27.1 Bereavement Leave. Employees shall be allowed up to forty (40) hours of paid
bereavement leave for the death of an immediate family member. The number of days
will be determined by the City. The determination of how many days will be paid will be
based upon travel needs and the relationship of the deceased to the employee.
27.2 Employees may use a total of eighty (80) hours as bereavement leave for the death of
an immediate family member as defined by and in accordance with OFLA, provided the
leave is used within sixty (60) calendar days from notice of death. In such an event,
employees may use sick leave for such absences. In the event the employee's sick leave
banks are depleted, employees may use other accrued leave or non-pay. Bereavement
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leave granted under Article 27.1 will run concurrently with leave granted under Article
27.2, to the extent permitted by law.
27.3 For the purposes of Articles 27.1 and 27.2, immediate family member shall be defined as
set forth in Article 26.2.
ARTICLE 28—WITNESS AND JURY DUTY
28.1 When an employee is called for jury duty or is subpoenaed as a witness as a result of
their official employment duties with the City, they 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.
28.2 When a retired employee is called back to testify in a court case which arises as a direct
result of the former employee's employment with the City, that employee shall be paid
at the step (s)he occupied at the date of retirement for a minimum of four (4) hours or
the hours (s)he required to: testify; wait to testify or prepare for testimony, at the
direction of the City Attorney/District Attorney, whichever is greater. As a condition of
payment, the retired employee must submit their subpoena and a written statement of
the hours for which they were entitled to be compensated. The retired employee is
required to contact the prosecutor's office on a daily basis to determine if trial is
cancelled, or delayed and to confirm when they are required to report for testimony.
28.3 Prior Employment Subpoenas. Employees who are subpoenaed to appear for court
proceedings as a result of the exercise of law enforcement duties during prior
employment with another agency will be granted time off from work as necessary to
comply with the subpoena. The City will pay employees for actual time spent in court
and travel time to and from the proceeding that fall within the employee's regular work
schedule. In no event will the City pay overtime for time appearing in a court proceeding
pursuant to a subpoena or time spent traveling to or from the proceeding that occurs
outside an employee's regular straight-time working hours. All monies received as
witness fees or pay for jury duty must be signed over to the City when compensation is
claimed.
ARTICLE 29—ASSOCIATION BUSINESS
29.1 Association representatives shall be allowed access to employee work locations for the
purpose of processing grievances or for contacting members of the Association. Such
representatives shall not enter any work location without the consent of the Police Chief
or the Police Chief's designee. Access shall be restricted so as not to interfere with the
normal operations of the Police Department or with established security requirements.
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29.2 The Association will be entitled to two (2) representatives. At any given time one (1)
representative may process grievances during working time. The Association's president
or vice-president shall normally serve as representatives. The City shall retain the right
to restrict such activity if the City determines this provision is being abused.
29.3 The City shall grant an Association representative up to two (2) hours of paid time
during regular working hours (not overtime) to review the Agreement with each new
bargaining unit employee. Association representatives will also be granted reasonable
time during their regularly scheduled working hours to investigate and process
grievances, attend interviews of employees being investigated, participate in due
process proceedings and engage in other union activity in accordance with applicable
law.
29.4 Except as otherwise provided in this Agreement, bargaining unit employees shall not
engage in Association activity while on duty. Conversations relating to Association
activities or business which do not directly disrupt work place or other department
functions shall not be construed as "union activity while on duty."
29.5 The City agrees not to discriminate against the Association regarding use of inter-office
communications including, but not limited to e-mail, voice mail, inter-office mail, mail
boxes and telephones for Association business. Inter-office communications shall be as
set forth in the City's Electronic Communications Administrative Policy Guidelines as
modified by Department's policies.
ARTICLE 30—CONTRACT RENEWAL SESSIONS
30.1 Not more than four (4) employees shall be permitted to attend negotiating meetings
with the City without loss of straight time pay relative to securing renewal of the
Agreement. The City may agree to allow additional employees to attend, subject to the
other provisions of this Article. The dates, times and places for these negotiating
sessions will be established by mutual agreement by the parties.
On-duty employees shall notify their superiors prior to the expenditure of time.
Employees who negotiate outside their regular working hours will receive an
adjustment in their work schedule for that workweek to receive a number of hours off
duty equivalent to the number of hours they spent attending negotiation sessions off
duty, subject to staffing needs. If a scheduling adjustment cannot be made due to
staffing needs, the employee will be compensated for the time spent in the negotiation
meeting at the employee's straight time rate.
ARTICLE 31—SUBCONTRACTING
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31.1 The parties agree that should the City contemplate contracting out bargaining unit
services, the City will comply with its bargaining obligations under PECBA to include
notice to the Association under ORS 243.698 prior to making a decision to contract out
services.
ARTICLE 32—PERSONNEL FILES
32.1 Each employee shall have the right, upon request, to review and obtain electronic
copies of the contents of their personnel file, exclusive of materials received prior to the
date of their employment by the City. There shall be only one (1) personnel file and it
shall be maintained by the Human Resources Department.
32.2 When an adverse 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 their personnel file and the employee's response shall become a part of their
file. All formal disciplinary actions, except counseling and oral reprimands, shall be
recorded in the employee's personnel file.
32.3 All employment inquiries from prospective employers of current employees shall be
referred to the Police Department for a response unless the employee has requested a
response from the Human Resources Department in writing. Irrespective of whether the
inquiry is directed to the Police Department or Human Resources Department, the
information provided for all employees excluding Police Officers will be issued
consistent with a signed release. Information provided for Police Officers will be issued
consistent with applicable law.
32.4 A written reprimand, upon request of the employee, shall be removed from the
employee's personnel file 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. All other disciplinary documents,
upon the request of the employee, shall be removed 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 removed three
(3) years from the most recent disciplinary action.
32.5 Documents that have been removed from the employee's personnel file shall be sealed
in an envelope and not physically destroyed to comply with applicable law. For Police
Officers, all personnel records including but not limited to the personnel file, records of
complaints, and disciplinary action, shall be retained for ten (10) years after the Police
Officer leaves the City's employment and provided to other law enforcement agencies
that are considering hiring the Police Officer in accordance with applicable law,
regardless of whether the records have been removed from the Police Officer's
personnel file.
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At the end of the minimum retention periods required under OAR 166-200-0305 (4) and
(5) and applicable law, the City will destroy any investigative reports, statements,
interview and hearing records and other findings used to support expunged documents,
as well as investigations resulting in exonerations or unfounded investigations. The City
may, however, retain written reprimands and disciplinary action notices after the
minimum retention period required by law. Written reprimands and disciplinary action
notices retained after the minimum retention period will be removed from the
employee's personnel file and kept in the Human Resources Department. Such
documents will not be used against employees for the purpose of progressive discipline,
but may be used by the City in arbitration, and administrative and civil proceedings, for
the purpose of establishing consistency of disciplinary action, lack of discrimination, and
compliance with law.
32.6 Where a performance evaluation contains direct references to disciplinary actions which
have been removed, pursuant to Articles 32.4 and 32.5, such references shall be
removed, at the same time intervals, from the evaluation upon request of the
employee. The original evaluation shall be sealed and destroyed, after minimum
retention periods required by OAR 166-200-0305 (4) and (5), and applicable law.
32.7 The City will, upon reasonable notice from the Association, provide designated
Association representatives with access to files as necessary to assure compliance with
Articles 32.5 and 32.6.
ARTICLE 33— PROBATIONARY PERIOD
33.1 The initial probationary period for all bargaining unit employees shall be eighteen (18)
full and consecutive months; however, qualified lateral employees will serve an initial
probationary period of twelve (12) full and consecutive months.
To qualify as a lateral employee, the bargaining unit employee must:
a. Currently be employed in an equivalent position or hold the current certification
for the position applied for;
b. Currently possess any certifications required by the Oregon Department of
Public Safety Standards and Training (DPSST) or certifications specific to their
position, and are not required to attend the full police academy;
c. Have completed a field training and evaluation program where required;
d. Have three (3) or more years of experience in the positions applied for (excluding
reserve time); and
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e. Be in good standing with a State of Oregon Law Enforcement Agency, where
applicable.
33.2 Police Officers and Communication Operators who are attending the DPSST Basic
Academy must meet all DPSST requirements by the graduation date. Failure to do so will
result in separation from City employment. Any exception must be by mutual
agreement between the City and the Association.
33.3 Probationary periods for promotional opportunities shall be as follows:
a. For Community Service Officers who promote to the position of Police Officer,
the probationary period shall be eighteen (18) full and consecutive months.
Community Service Officers who fail to successfully complete this probationary
period will be automatically separated from employment with the City.
b. For Communication Operators who promote to the position of Shift Lead, the
probationary period shall be twelve (12) full and consecutive months. If the
employee fails the promotional probationary period, the employee will be
returned to their former position and will be placed on the same step and
credited for time served as a Shift Lead for movement to the next step as a
Communications Operator.
c. Police Officers who are assigned to premium pay assignments as described in
Article 15.7 will serve a probationary period of six (6) full and consecutive
months. The City reserves the right to remove an employee from a premium pay
assignment during their probationary period for any reason it determines is
appropriate with discontinuation of premium pay without grievance.
Non-bargaining unit employees may be returned to their former bargaining unit
positions at the City's sole discretion, subject to the seniority rules set forth in Article
37.4.
Any exception must be by mutual agreement between the City and the Association.
33.4 The probationary periods set forth above may be extended for six (6) months with
approval from the Association. Additionally, except as otherwise prohibited by law,
when a probationary employee is absent for one-hundred and twenty (120) or more
hours due to absence for injury, illness or any other reason during their probationary
period, the employee's probationary period may be extended by the length of the
absence, at the discretion of the City. Extensions of an employee's probationary will not,
however, affect their step increases. Step increases during probation, including
extension of probation, are governed by Article 8.3 of the Agreement.
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ARTICLE 34—ASSIGNMENTS
34.1 When an oral board or other interview panel is utilized to select among otherwise
qualified employees for an assignment the board or panel shall have at least one (1)
member of the Association.
ARTICLE 35— DISCIPLINARY ACTION
35.1 Except for employees falling under Article 33.3(a), employees who have completed an
initial probationary period shall not be disciplined or discharged except for just cause.
Discipline includes written reprimand, reduction in pay, suspension, demotion, and
discharge. Disciplinary action may be appealed through the grievance procedure. The
definition and application of just cause for sworn officers is subject to ORS 243.808, et.
seq. An employee who is suspended without pay for less than four (4) work weeks shall
continue to accrue holiday, vacation, sick leave (excluding sick leave incentive) and
medical/dental/disability insurance benefits without proration or reduction.
35.2 The City shall furnish to the employee and the Association a statement of the
disciplinary action taken and the reasons for such action.
The City shall, upon request, provide access to all materials and information reviewed or
relied upon in making the decision, to the Association. The City will further produce all
materials and information identified by the Association as relevant. In the event
production of all materials and information would be unduly burdensome or costly, the
City will confer with the Association regarding the need for such materials and
alternatives for complying with the request. It is understood that this obligation includes
exculpatory materials and information. It is further understood that this obligation will
not be applied to prohibit the City from introducing relevant materials and information
subsequently discovered or obtained at any stage of the disciplinary process or
disciplinary hearing.
35.3 Verbal reprimands are subject to the grievance procedure if they are used to support
other disciplinary actions that are taken against an employee. In the event the City
relies upon a verbal reprimand to support other disciplinary action, the time line for
addressing the grievance shall begin when the employee is notified that the verbal
reprimand is being used to support other disciplinary action taken against the
employee. In the event such a grievance is filed, the Association may challenge the
verbal reprimand as part of the grievance challenging the other disciplinary action.
ARTICLE 36—GRIEVANCE PROCEDURE
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36.1 It is the intention of the parties to this Agreement that all disputes involving the
interpretation, application or violation of this Agreement and all Memoranda of Understanding
and Memoranda of Agreement clarifying or supplementing this Agreement be settled by their
submission to the grievance procedure set forth below. The Association may act on the behalf
of the employee as the grievant at any step. An employee still within their initial probation may
not grieve any disciplinary action pursuant to Article 35, but may grieve disputes involving other
violations of contract language.
Step 1. Excepted as stated below, grievances shall commence at Step 1. After first
attempting to resolve the grievance informally, the Association or any employee with
notice to the Association may claim a breach of this Agreement, in writing,to the
employee's immediate supervisor within fifteen (15) days from the occurrence of the
alleged violation, or the employee's knowledge of the alleged violation. The notice shall
include: a.) a statement of the grievance and relevant facts; b.) identification of the
provision(s) of the Agreement violated; and c.) remedy sought. The supervisor shall
respond to the grievance in writing within fifteen (15) days, with a copy to the
Association.
When the issue raised is whether a non-probationary employee had economic
sanctions, including suspension, demotion, reduction in pay, or termination in violation
of this Agreement, the requirement that the issue commence at Step 1 is waived. In
such an event, the employee or the Association must submit a written grievance, which
addresses (a) through (c) above, within fifteen (15) days of the employee's receipt of
notice of economic sanctions, directly to the Police Chief under Step 2.
Step 2. If the grievance is not resolved at Step 1, the grievance may be submitted to the
Police Chief. The grievance must be submitted within fifteen (15) days of the
supervisor's response or, in the event the grievance involves economic sanctions of a
non-probationary employee, as specified above. The Chief will schedule a meeting to
discuss the grievance with the employee and Association representatives. The Chief
shall respond to the grievance, in writing, within fifteen (15) days of the meeting, with a
copy to the Association.
Step 3. If the grievance is not resolved at Step 2, the grievance may be submitted to the
City Manager, or their designee. The grievance must be submitted within fifteen (15)
days of the Police Chief's response. The City Manager, or their designated
representative(s), shall meet with the employee and Association representative(s); and,
shall respond to the grievance, in writing, within fifteen (15) days of the meeting, with a
copy to the Association.
Step 4. If the grievance is not resolved at Step 3, the Association may, within fifteen (15)
days of receipt of the City Manager or their designee's written response, notify the City
Manager, in writing, of its intent to arbitrate the grievance. The arbitrator shall be
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selected by mutual agreement of the parties. If the parties cannot agree as to the
arbitrator within seven (7) days, they shall be chosen in the following manner:
a. For grievances not involving discipline of a sworn officer, a list of seven
(7) arbitrators shall be requested from the Employment Relations Board
(ERB), and the parties shall alternately strike one (1) name from the list
until only one (1) is left. The one (1) remaining shall be the arbitrator.
This provision shall not preclude the parties from voluntarily selecting a
mutually agreeable arbitrator. For grievances involving discipline of a
sworn officer, the Association agrees to request an arbitrator consistent
with ORS 243.808 in accordance with the process established by the
Employment Relations Board.
b. The decision of the arbitrator shall be binding on both parties.
c. The cost of the arbitrator shall be borne by the losing party. In the event
there is no clear losing party, the arbitrator shall determine who pays
their fees and may require the parties to share the cost of such fees
equally. 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. For grievances
involving discipline of a sworn officer, an arbitrator shall adhere to the
statutory standards under ORS 243.808 et. seq.
The Police Chief reserves the right to designate a member of the command staff to act
on their behalf at any step of the grievance procedure. In the event the Association is
notified of such a designation, all submissions and responses will be made to that
individual.
Any time limits specified in the grievance procedure may be waived by mutual written
consent of the parties. Written consent may be confirmed through email exchanges.
Failure 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 the purposes of this article, "days" shall mean Monday through Friday during normal
City business hours, excluding recognized holidays.
ARTICLE 37—SENIORITY CLAUSE
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37.1 Seniority shall be defined as the length of an employee's continuous service within a
classification, except for communications employees for whom seniority shall be
defined as the length of service within the Communications Center. For the purposes of
this Article, the classification of Police Officer shall include all time spent as a "sworn
police officer" in the bargaining unit for the Department.
37.2 The City will provide the Association with a seniority list of members upon request.
37.3 Except as stated in Article 37.4 below, employees will continue to accrue seniority.
Seniority will be broken and the employment relationship will be severed if any of the
following events occur:
a. Voluntary resignation or retirement;
b. Discharge of a regular employee for just cause, discharge of a
probationary employee at will, or separation of an employee pursuant to
Article 33.2 or Article 33.3.a;
c. Layoff due to failure to meet the essential functions or minimum
qualifications of their position (per Article 17.1);
d. Failure to notify the City of intent to return to work pursuant to a recall
notice sent by Certified Mail- Return Receipt Requested, regular mail, or
e-mail within five (5) business days of mailing;
e. Failure to report for work immediately upon expiration of an authorized
leave of absence or, in the case of an absence due to off or on-the-job
injury or illness;
f. Absence from work due to an on the job injury or on the job illness after
three (3) years from date of original injury/diagnosis or otherwise in
accordance with ORS 659A.043 and ORS 659A.046;
g. Failure to return from military leave, in accordance with applicable law;
or
h. Failure to report for their next scheduled shift or available work upon
receipt of notice of a limited or a full medical release to return to work.
37.4 Employees who are promoted to positions within the Department that are outside the
bargaining unit, but are returned to bargaining unit positions by the City will return with
the seniority they had accrued at the time of their promotion restored. The time an
employee spends in a promoted position will not however, be applied toward their
seniority. Instead, the employee's seniority date will be adjusted by an amount equal to
the time they served in the non-bargaining unit position.
ARTICLE 38-AMENDMENT AND CLOSURE CLAUSE
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38.1 This Agreement is subject to amendment, alteration or addition only by subsequent
written agreement between, and executed by, the City and the Association.
ARTICLE 39—SAVINGS CLAUSE
39.1 Should any portion of this Agreement or supplement be declared invalid by any court of
competent jurisdiction, by ruling of the Employment Relations Board (ERB) or other
administrative agency or be in violation of a statute, administrative regulation or
constitutional amendment, then such portion or portions shall become null and void,
and the balance of this Agreement will remain in effect. Both parties agree to
renegotiate any part of this Agreement in violation in accordance with ORS 243.698.
The parties further reserve the right to challenge whether the portion of the Agreement
in question violates a ruling, administrative regulation or law.
ARTICLE 40—TORT LIABILITY
40.1 The City shall indemnify and defend employees in the bargaining unit against any tort
claim arising out of an alleged act or omission occurring in the performance of duty as
required by ORS 30.285 and 30.287 (1977 replacement part).
40.2 Legal Defense Plan: The City will contribute towards the PORAC Legal Defense Plan that
provides each employee with an attorney as a direct result of criminal charges or a
criminal investigation arising out of the employee's performance of their duties as an
employee.
a. The City will contribute the current contribution for Plan II coverage not to
exceed $9.00 per month for each employee, paid by quarterly
reimbursement of invoice provided by the Association for the "PORAC" Plan.
b. The Association will provide a complete legal defense plan description to the
City and written notice to the City of any changes to the plan description.
Substantive changes in plan benefits may be subject to notice and bargaining
under ORS 243.698.
c. The City recognizes that it is not entitled to the work product of the
attorneys involved in this program. The City recognizes there exists an
attorney client privilege between the attorney and member.
ARTICLE 41—TERM OF AGREEMENT
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41.1 This Agreement shall be effective upon ratification by the bargaining unit and approval
by City Council, and shall remain in full force and effect through June 30, 2028 or during
the period of negotiations for a successor agreement, whichever is later.
41.2 This Agreement shall automatically reopen for successor negotiations on February 1,
2028.
IN WITNESS THEREOF, said parties to this agreement have set their hands and seals this
day of February, 2026.
CITY OF LAKE OSWEGO LAKE OSWEGO POLICE OFFICERS'
ASSOCIATION
By By
Martha Bennett Bryan Sheldon
City Manager President
By
Drew Boggs
Vice-President
Lake Oswego Police Officers' Association
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EXHIBIT A
APPENDIX A
LAKE OSWEGO POLICE OFFICERS' ASSOCIATION
AS OF JULY 1, 2025
CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
Communications Operator $27.57 $28.27
Trainee
Communications Operator$33.98 $35.67 $37.33 $38.97 $40.59 $42.62
Shift Lead Communications $37.95 $39.87 $41.87 $43.96 $46.16 $48.47
Operator
Community Service Officer $31.96 $33.41 $34.98 $36.58 $38.15 $39.66
Evidence Technician $31.96 $33.41 $34.98 $36.58 $38.15 $39.66
Behavioral Health Case $31.96 $33.41 $34.98 $36.58 $38.15 $39.66
Manager
Police Officer $37.95 $39.87 $41.87 $43.96 $46.16 $48.47
Behavioral Health Specialist $37.95 $39.87 $41.87 $43.96 $46.16 $48.47
Lake Oswego Police Officers' Association
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EXHIBIT A
APPENDIX B- EMPLOYEES' BILL OF RIGHTS
This Appendix is hereby incorporated into the terms of the Agreement between the City of Lake
Oswego and the Lake Oswego Police Officers' Association.
Employees within the bargaining unit are entitled to the protection of what shall hereafter be
termed as the Employees' Bill of Rights." This Bill of Rights, however, does not apply to criminal
investigations.
Except in instances where waived (see below), if an employee is subject to a disciplinary
investigation which could lead to disciplinary action, the following guidelines should be
followed:
1. An employee who is the subject of a complaint that the City reasonably believes
may result in discipline shall be informed in writing: that they are the subject of
an investigation, the nature of the investigation and a summary of the relevant
information, not less than twenty-four (24) hours before their investigatory
interview (or twenty-four (24) hours before a written report is required.)
An employee who is involved as a witness to a complaint shall be informed that
they are a witness in an investigation and the nature of the investigation.
Under no circumstances shall the City direct a witness in a complaint
investigation not to speak with an Association representative or Association
attorney after that witness has been interviewed by the City. However, where
the Association representative is the person being investigated or a material
witness in the investigation, the City may request the Association to designate an
alternative Association representative to serve in this capacity.
Under no circumstances shall the City direct an employee who is a subject in a
complaint investigation not to speak with an Association representative or
Association attorney in conjunction with a complaint investigation.
Employees subjected to other disciplinary investigations shall be informed of the
subject of the investigation at the time the interview commences. In the event
an employee who is the subject of a disciplinary investigation requests the
presence of an Association representative, the interview shall be delayed until an
Association representative is present. However,the employee's right to an
Association representative shall not unduly delay the interview.
2. Any interview of an employee shall be at a reasonable hour, preferably when the
employee is on duty, unless the exigencies of the investigation dictate otherwise.
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3. The interview shall take place at the Lake Oswego Police Station facility, except
when impractical. An employee who is the subject of an investigation shall be
afforded an opportunity and private space to contact and consult privately with
an Association representative and/or Association attorney upon the employee's
request before being interviewed. The Association representative and/or
Association attorney may be present during the interview and may participate
to the extent allowed by law.
4. The questioning shall not be overly long, and the employee shall be entitled to
such reasonable intermissions as they shall request for personal necessities,
meals, telephone calls and rest periods.
5. Personnel investigations shall be completed in accordance with the time lines
and exceptions set forth in ORS 236.360 (6) (a) and (b).
6. It shall be unlawful for any person, firm, corporation of the State of Oregon, its
political subdivisions or municipal corporations, to require any employee
covered by this agreement to take or be subjected to any polygraph or lie-
detector examination as a condition of continued or continuous employment,
unless the employee freely requests that he be given a polygraph or lie-detector
examination.
7. The employee shall not be subjected to any offensive language, nor shall they be
threatened with dismissal, transfer, or other disciplinary punishment as a guide
to attempt to obtain their resignation; nor shall they be intimidated in any other
manner. No promises or rewards shall be made as in inducement to answer
questions.
8. The personal life of an employee shall not be a concern of the City, so long as it
does not adversely affect their performance as an employee of the City unless
contrary to policy or applicable law.
9. Use of Force Situations: When an employee is involved in the use of deadly
force, the employee shall give a brief public safety statement to the responding
supervisor or any other person designated by the Department to help identify
any potential witnesses and the scope of the scene.
A public safety statement form shall be completed. The format of the public
safety statement form shall be approved by the City and the Association.
Employees involved in the use of deadly force shall be advised of their rights to,
and allowed to consult with an Association representative or Association
appointed attorney prior to being required to give an oral or written statement
about the use of force. Such right to consult with an Association representative
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and/or Association appointed attorney shall not unduly delay the giving of the
statement or preclude the obtaining information deemed necessary to preserve
evidence, protect lives and/or apprehend suspects.
10. Counseling: All employees must meet with a professional counselor approved by
the parties following a traumatic incident or an incident involving the use of
deadly force before they are allowed to return to the assignment of duties which
could place them in a position that could require the use of deadly force.
Employees who are assigned to other duties or excused from duty during this
period will not suffer a reduction in pay or benefits, including paid leave banks.
The City reserves the right to determine what constitutes a traumatic incident
and what constitutes a reasonable cost.
All such sessions shall be covered by the doctor/patient privilege and
information disclosed in these session(s) shall be confidential and not be
attainable or useable by the City. The City may, however, require employees to
submit written verification of attendance at such counseling sessions. Any cost of
professional-counseling sessions not paid through workers compensation or the
City's health insurance program will be paid by the City.
It is understood and agreed that this provision does not negate the City's right to
require an employee to submit to a fitness-for-duty examination by a
professional counselor of the City's choosing as a condition of return to work
following a trauma incident or incident involving the use of deadly force.
However, fitness for duty tests required by the City or requested by an officer
cannot be substituted for the counseling sessions required under this section. In
the event the City requests a fitness for duty examination, the City will direct the
health care professional to report only that the employee is fit, unfit or fit for
restricted duty. In the event of a fit for restricted duty reported is received, the
City may confirm the restrictions. If the employee challenges the health care
professional's determination, the City shall be entitled to a complete report.
11. Written Record of Complaint: It is agreed that no member of the bargaining unit
will be required to write a report to the City on any complaint against them (by
persons in or outside of the Police Department) unless the complaint is signed
and dated in written form by either the complainant or the officer taking the
complaint. Prior to any written report being required of any employee, they will
be furnished with a copy of the signed complaint.
In those instances where the City believes that the outcome of the complaint would be a
written reprimand and that there are no material facts in dispute, the City will notify the
subject employee and the Association of the option of stipulating to a written reprimand. The
City may meet the employee and Association representative in an informal fact gathering
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setting which will not trigger the requirements above. If the employee does not agree to a
stipulated written reprimand, the City may proceed with its formal investigation under this
Appendix B and Article 35. The employee and Association agree that a stipulated written
reprimand is not subject to grievance.
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APPENDIX C- DRUG AND ALCOHOL POLICY
This Appendix is hereby incorporated into the Agreement between the City of Lake Oswego and
the Lake Oswego Police Officers' Association.
The City of Lake Oswego and the Lake Oswego Police Officers Association recognize a
responsibility to the citizens of Lake Oswego to maintain a safe and productive working
environment. Consistent with this commitment, the City and the Association have agreed to
this Drug and Alcohol Policy.
PURPOSE:
It is the mission of the Lake Oswego Police Department to enhance public safety through the
use of a reasonable employee drug testing program and the enforcement of rules prohibiting
the consumption of alcohol or use of drugs which interferes with this mission.
To ensure the integrity of the City's law enforcement system and preserve public trust and
confidence in an alcohol/drug free service, the City has adopted the following rules and
procedures:
PROHIBITED CONDUCT:
The following conduct is strictly prohibited:
1. Buying, selling, consuming, distributing or possessing unlawful drugs or alcohol
during working hours, including rest and meal periods, except as necessary in the
performance of duties (confiscated evidence, approved undercover operations,
etc.)
2. Reporting for work or returning to duty under the influence of alcohol or drugs,
except as necessary in the performance of an official special assignment or if
directed otherwise. Personnel who consume alcohol as part of a special
assignment shall not do so to the extent of impairing on-duty performance. For
the purpose of this Policy, an employee is considered to be "under the influence"
of drugs, if the employee tests positive according to the thresholds set forth in
Attachment A and the Mandatory Guidelines for Federal Workplace Drug Testing
Programs for having such substances present in their body. An employee will be
considered to be "under the influence of alcohol" if their blood or breath tests
.02% BAC or higher.
To ensure compliance with this Policy and safety standards, employees who have
consumed alcoholic beverages within four (4) hours of responding to the
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callback or, for any reason, believe they are impaired by alcohol are required to
notify the supervisor upon being contacted for callback.
3. Failing to promptly report arrests, convictions and/or plea-bargains for an
alcohol or drug-related criminal offense to the Police Chief or their designee,
irrespective of the jurisdiction where such action was taken.
4. Failing to comply with City directives regarding enforcement of this Policy,
including but not limited to refusing to promptly submit to required testing;
giving false, diluted or altered samples; obstructing the testing process; failing to
comply with rehabilitation conditions imposed by the City or rehabilitation
counselors pursuant to this Policy.
5. Failure to disclose use of over-the-counter or prescribed medication containing
controlled substance, as required, below.
For the purpose of this Policy, "drugs" include, but is not limited to the following controlled
substances as outlined in Attachment A: opiates, synthetic opioids, cocaine, marijuana (THC),
phencyclidine (PCP), amphetamines/ methamphetamines and barbiturates. However, "drugs"
does not include prescription and over-the-counter medications that are lawfully prescribed
and used in a manner consistent with a physician's instructions and/or medication warnings.
Reference to "drugs" shall also include any other drugs and controlled substances subsequently
listed by the US Department of Transportation, Rule 49 CFR Part 40 Section 40.85.
Employees who engage in any prohibited conduct will be subject to discipline, including
discharge.
MARIJUANA
In addition to the above, employees must comply at all times with all federal and state statutes
and regulations regarding the illegal use of drugs. It is important to note that marijuana is an
illegal drug under the federal Controlled Substances Act, which means that it has no acceptable
medical or recreational use under federal law. Therefore, any on or off duty use of marijuana
which is inconsistent with the "prohibited conduct" listed above will be considered a violation
of this policy, even if an employee has a prescription for the use of marijuana under the Oregon
Medical Marijuana Act or is using marijuana in compliance with state law. However, employees
who are using marijuana in compliance with a medical marijuana card will not automatically be
subject to termination of employment. Instead, such employees are required to disclose any
use which would constitute "prohibited conduct." If the City determines that the employee
using medical marijuana is disabled under applicable disability discrimination statutes, the
employee will be asked to enter into an interactive discussion with designated representative(s)
to determine whether a reasonable accommodation can be made that would allow the
employee to continue to be employed without violating standards.
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EXHIBIT A
DISCLOSURE OF MEDICATIONS:
Employees are responsible for consulting with their physicians and carefully reviewing
medication warnings, including any warnings pertinent to the effects of use of a combination of
medications. Employees who are using over-the-counter or prescribed medications under
circumstances where the employee knows or should know that use of the medication will
produce side effects that will affect their ability to safely perform all essential job duties must
notify the Human Resources Director of the substance taken and its side effects before
reporting for work. Medical verification of ability to safely perform job duties may be required
before the employee is allowed to continue their job assignment. Employees are eligible to
utilize sick leave benefits pending receipt of acceptable verification.
Although the use of prescribed and over-the-counter medication as part of a medical treatment
program is not grounds for disciplinary action, failure to fully disclose the use of substances
which could reasonably impair the safe performance of essential job duties, illegally obtaining
the substance or use which is inconsistent with prescriptions or labels will subject an employee
to disciplinary action.
EMPLOYEE TESTING:
Employees will be required to undergo drug and/or alcohol testing as a condition of continued
employment in order to ascertain prohibited drug use, as provided below:
1. Reasonable Suspicion
A supervisor or manager may order an employee to immediately submit to a
urinalysis test for drugs and/or a breathalyzer test for alcohol whenever the City
has reasonable suspicion to believe that the employee has violated the
provisions of this Policy concerning reporting to work or being at work "under
the influence" of drugs or alcohol.
"Reasonable suspicion" shall be defined as suspicion based on articulated
observations concerning the appearance, unusual behavior, speech, breath odor,
body symptoms or other reliable indicators that would cause a reasonable
person to believe that an employee has consumed drugs and/or alcohol in
violation of this Policy.
2. Rehabilitation Treatment
Where testing is required pursuant to a Rehabilitation and Return to Work
Agreement imposed by the City or an employee's rehabilitation counselors,
individualized suspicion-less testing may be required as outlined in that
Agreement.
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EXHIBIT A
Urinalysis testing will be conducted for all types of drug testing. Breathalyzer testing will be
conducted for all types of alcohol testing.
TESTING PROCEDURES:
The testing will be conducted at a laboratory certified by the federal DOT and shall be
conducted in accordance with the standards for procedural safeguards and testing integrity
disseminated by the NIDA. All drug tests will be conducted through collection of a split sample.
All positive drug tests will be confirmed by a second cross confirmatory test from the same
sample using GCMS testing methodology and reviewed by a Medical Review Officer before the
test result is reported as positive. The City shall pay for such testing.
The other sample shall remain at the facility in frozen storage for a minimum of ninety (90) days
from the date the test was conducted. This sample shall be made available to the employee or
their attorney, should the original sample result in a legal dispute or the chain of custody be
broken.
Whenever there is a reasonable suspicion to believe that the employee may have altered or
substituted the specimen to be provided or the initial test was not determinative, a second
specimen may be obtained immediately, using testing procedures deemed appropriate by the
testing laboratory personnel.
If the confirmatory test is positive for the presence of a controlled substance, the employee will
have the option of submitting the split untested sample to a qualified and certified laboratory
of the employee's own choosing. The employee will pay for these types of tests.
All records pertaining to City required drug and alcohol tests, as well as compliance with
rehabilitation terms shall remain confidential, and shall not be released, except on a need to
know basis, in accordance with applicable law. All documents pertaining to testing and test
results will be maintained in employee medical, not personnel, files.
CONSEQUENCES OF VIOLATIONS:
1. EMPLOYEES WHO REPORT DEPENDENCIES AND SEEK ASSISTANCE BEFORE
COMMITTING A POLICY VIOLATION — REHABILITATION.
The City encourages employees who have drug and/or alcohol dependencies or
think they may have such dependencies to seek assistance voluntarily. When an
employee voluntarily reports a drug or alcohol dependency to their supervisor or
the Police Chief and seeks assistance before violating this Policy, that employee
will be placed on a leave of absence or adjusted working hours to allow for in-
patient or out-patient rehabilitation treatment as recommended by a Substance
Abuse Professional (SAP).
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EXHIBIT A
The employee will not be permitted to work until such time as a Substance
Abuse Professional agrees they:
a. Has been evaluated by a Substance Abuse Professional (SAP); and
b. If recommended by the SAP, is complying with all-rehabilitation/after-
care prescribed; and
c. Has a verified negative drug or alcohol test (as applicable).
In order to return to work for the City, an employee seeking assistance must
agree to all treatment, rehabilitation, after-care and follow-up testing as set
forth in a written Rehabilitation and Return to Work Agreement required by the
City. Such agreements will be effective for no longer than five (5) years from the
date signed. Any employee who violates the terms of the Agreement is subject
to immediate termination.
During the time an employee is off work undergoing rehabilitation they may
draw their unused, accumulated sick leave, vacation pay, holiday pay or
compensatory time. Also, employees who are receiving health insurance
coverage will be eligible for continuation of health insurance benefits through
the end of the month in which their paid leave is depleted or for the period
required under FMLA and/or OFLA, whichever is greater.
It is understood and agreed that nothing in this Policy prohibits the City from
disciplining or discharging an employee for engaging in illegal conduct,
irrespective of when that conduct is discovered.
b. EMPLOYEES WHO REPORT DEPENDENCIES AND SEEK TREATMENT AFTER
COMMITTING A POLICY VIOLATION.
Employees who notify their supervisor, the Police Chief or the Human Resources
Director of drug or alcohol dependencies after violating this Policy are subject to
discharge, irrespective of such dependencies.
The City may however, at its discretion, allow an employee to undergo
evaluation and rehabilitation in lieu of discipline and discharge, provided the
employee promptly complies with the terms and conditions set forth in
Consequences of Violations, Section 1 above. The City will consider the following
factors in exercising its discretion: the employee's length of service; the
employee's work record, in particular, whether the employee has committed a
previous alcohol or drug policy infraction; the consequences of the violation; any
other circumstances offered by the employee that mitigate against discharge.
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EXHIBIT A
IT IS UNDERSTOOD AND AGREED THAT THE REFERENCES TO DISCIPLINE AND DISCHARGE
SET FORTH IN THIS POLICY AND THE REHABILITATION AND RETURN TO WORK
AGREEMENT ARE NOT INTENDED TO SUPERSEDE "JUST CAUSE" OBLIGATIONS.
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EXHIBIT A
ATTACHMENT A
DRUG TESTING LEVELS
The following initial and confirmatory cutoff levels shall be used when screening specimens to
determine whether they are negative for the drugs or classes of drugs required for testing:
Cutoff Concentrations for Drug Tests
Initial test analyte Initial test cutoff[ Confirmatory test analyte Confirmatory test cutoff concentration
Marijuana metabolites(THCA)3 50 ng/mL3 THCA 15 ng/mL.
Cocaine metabolite(Benzoylecgonine) 150 ng/mL3 Benzoylecgonine 100 ng/mL.
Codeine/ 2000 ng/mL Codeine 2000 ng/m L.
Morphine Morphine 2000 ng/m L.
Hydrocodone/ 300 ng/mL Hydrocodone 100 ng/nrL.
Hydromorphone Hydrornorphone 100 ng/nrL.
Oxycodone/ 100 ng/mL Oxycodone 100 ng/mL.
Osymorphone Osymorphone 100 ng/nrL.
6-Acetylmorphine 10 ng/mL 6-Acetylmorphine 10 ng/mL.
Phencyclidine 25 ng/mL Phencyclidine 25 ng/mL.
Amphetamine/ 500 ng/mL Amphetamine 250 ng/mL.
Methamphetamine Methamphetamine 250 ng/mL.
MDMA°/MDA5 500 ng/mL MDMA 250 ng/mL.
MDA 250 ng/mL
1For grouped analytes(i.e.,two or more analytes that are in the same drug class and have the same initial test cutoff):
Immunoassay:The test must be calibrated with one analyte from the group identified as the target analyte.The cross-reactivity of the
immunoassay to the other a nalyte(s)within the group must be 80 percent or greater;if not,separate immunoassays must be used for the analytes
within the group.
Alternate technology,:Either one analyte or all analytes from the group must be used for calibration,depending on the technology.At least one
analyte within the group must have a concentration equal to or greater than the initial test cutoff or,alternatively,the sum of the a nalytes present
(i.e.,equal to or greater than the laboratory's validated limit of quantification)must be equal to or greater than the initial test cutoff.
5An immunoassay must be calibrated with the target analyte.
3Alternate technology_(THCA and Benzoylecgonine):When using an alternate technology initial test for the specific target analytes of THCA and
Benzoylecgonine,the laboratory must use the same cutoff for the initial and confirmatory tests(i.e.,15 ng/mL for THCA and 100ng/mL for
Benzoylecgonine).
°Methylenedioxymethamphetamine(MDMA).
5Methylenedioxyamphetamine(MDA).
(b)On an initial drug test,you must report a result below the cutoff concentration as negative.If the result is at or above the cutoff concentration,you
must conduct a confirmation test.
(c)On a confirmation drug test,you must report a result below the cutoff concentration as negative and a result at or above the cutoff concentration
as confirmed positive.
(d)You must report quantitative values for morphine or codeine at 15,000 ng/mL or above.
[65 FR 79526,Dec.19,2000,as amended at 75 FR 49862,Aug.16,2010;77 FR 26473,May 4,2012;82 FR 52244,Nov.13,2017.Redesignated and
amended at 88 FR 27643,May 2,20231
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EXHIBIT A
These drug testing levels are intended to be consistent with DOT standards. In the event the
DOT testing substances and/or testing cutoff levels change, the above list shall be automatically
adjusted to be consistent with DOT standards.
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EXHIBIT A
APPENDIX D- HONOR GUARD
Honor Guard members will be selected for special details on an "as needed" basis and not
necessarily by seniority, at the discretion of the Honor Guard Commander.
In the event that a member of the LOPD Honor Guard Team volunteers and is selected to
participate in a special event that is outside of their normal duty shift, but on a regular
workday, that member may elect to waive the minimum seventy-two (72) hour shift change
notice. That member's immediate supervisor must also approve any shift adjustments for such
an event with consideration of minimum staffing requirements.
In the event that a member of the LOPD Honor Guard Team volunteers to and is selected to
participate in a special event that takes place on a regularly scheduled day off, the member will
have the option of requesting overtime compensation, compensatory time, or adjusting
(trading) hours worked at the event towards a regular duty shift. The date of the special event
and the date with which duty time is traded must fall within the same pay period. The member
must agree to this shift adjustment and waive their right to minimum callback overtime
compensation. That member's immediate supervisor must also approve any shift adjustments
for such an event with consideration of minimum staffing requirements. The City will be
permitted to exercise discretion when selecting which regular duty hours may be traded based
on minimum staffing requirements;and the needs of the Department. Hours worked at the
special event must be traded with regular duty time hours at the straight time rate (hour for
hour).
In the event that no reasonable shift adjustment or trade can be agreed upon between the
Honor Guard member and the City as a result of minimum staffing requirements or other needs
of the Department, then that member will be provided with overtime compensation,
compensatory time, or they will not be allowed to participate in the special event.
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EXHIBIT A
APPENDIX E - LOCOM MANDATORY OVERTIME PROCESS
This Appendix is hereby incorporated into the Agreement between the City of Lake Oswego and
the Lake Oswego Police Officers' Association.
In accordance with Article 12 Overtime and Comp Time, the following guidelines shall be used
to administer LOCOM's Mandatory Overtime list.
PROCESS:
1. An employee who volunteers for a mandatory overtime shift that is known
seventy-two (72) or more hours in advance, will not be required to work beyond the
volunteered hours unless they are next up on the mandatory list or under exigent
circumstances.
2. An employee who has taken partial time off can only be mandated to work what a
typical "extension" for that shift would be.
3. Two or more employees working overtime shifts with the same start time will be moved
to the bottom of the mandatory list based on seniority; least senior first, most senior
last.
4. Last minute mandatory overtime (less than 72 hours):
a. The mandatory list will not be shuffled for last minute overtime needs.
b. Employee at the top of the mandatory list, will be mandated, even if they
already signed up for that day, as long as it can be extended.
c. An employee will be moved to the bottom of the list but will still be responsible
for time they have already been mandated or signed up for.
5. Vacation/Unavailable times impacting mandatory overtime hours worked:
a. Start times between 0300-1500 are unavailable from 0000-0000
b. Start times between 1500-0300 are unavailable from 1200-1200
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APPENDIX F-OFFICER MANDATORY OVERTIME PROCESS
This Appendix is hereby incorporated into the Agreement between the City of Lake Oswego and
the Lake Oswego Police Officers' Association.
In accordance with Article 12 Overtime and Comp Time, the following guidelines shall be used
to administer the Officer Mandatory Overtime list.
PROCESS:
1. If an officer volunteers to work an overtime shift that would have otherwise been
assigned as mandatory overtime, that shift is treated as a mandatory assignment and
the employee shall be rotated on or moved within the mandatory overtime list as a
result.
2. For officers, if no one volunteers for a mandatory overtime shift, it will be assigned using
the rotating mandatory list, starting at the top. When assigning, priority will be given to
the officers on the list who are already working or are scheduled to work an adjacent
shift. For example, the least senior officer on day shift will be the first to be mandated to
cover overtime on swing shift; the least senior person on swing shift will be the first to
be mandated to cover graveyard; and so on.
3. Once an officer is assigned a mandatory overtime shift, they will be moved to the
bottom of their respective rotating list. The next eligible officer on the list for that
specific shift is then subject to being mandated in the event of another vacancy, as
described above. If the mandated officer fails to report to their mandated shift, they will
be moved to the top of the mandatory list at that point.
4. Officers will not be mandated if they are on pre-approved leave. It is understood that
due to schedules, availability and operational needs, officers may be mandated despite
their name not being at the top of the list. In such cases, they would still be moved to
the bottom of their respective list once the qualifying mandatory shift is worked.
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5.4
COUNCIL REPORT
V -w 0
GREGO\-'
Subject: Resolution 26-07, Supplemental Budget
Meeting Date: February 17, 2026 Staff Member: Shawn Cross, Finance Director
Report Date:January 29, 2026 Department: Finance
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑X Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑X Consent Agenda
Staff Recommendation: Adopt Resolution 26-07 as submitted.
Recommended Language for Motion: Move to adopt Resolution 26-07 modifying the 2025-
27 biennial budget through a supplemental budget.
Project/ Issue Relates To: 2025-27 Biennial Budget
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable
BACKGROUND
Throughout a budget year, new information may give reason to adjust the adopted budget.
Local Budget Law allows these adjustments under certain conditions and with certain
requirements. This request is brought forward as a supplemental budget that does not require
a public hearing.
DISCUSSION
This budget amendment is requested after a staff review of the comparison of actual biennium-
to-date revenues and expenditures with the current budget. Budgets were also evaluated to
Respect Trust.
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ensure there was sufficient appropriation for transactions that will occur before the end of the
biennium (Bn).
Explanations for all of the adjustments contained in this supplemental budget are included
below.
• The City needs to add the appropriations for the Hunger Fighters grant of$250,000 and
the behavioral health case manager position in Police of$320,000. These are being
funded by a grant from Clackamas County over the current biennium.
• A portion of the Rassekh Park phase two funded by SDCs needs to be rolled over from
the previous budget cycle to the current due to the timing of the project. Just over
$200,000 of SDC funds had been budgeted for last fiscal year but were paid in the
current biennium.
• The original grant amount budgeted for the Code Audit project was low. The City is
receiving around an additional $60,000 from Metro for the project.
• Sometimes patrons donate to the Library and specify it is for the endowment. This
small modification is to increase the General Fund's transfers appropriation to include
transferring donations from the General Fund to the Library Endowment Fund.
FISCAL IMPACT
The fiscal impact is described in detail on the resolution itself.
RECOMMENDATION
Approve Resolution 26-07.
ATTACHMENTS
1. Resolution 26-07
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ATTACHMENT 1
RESOLUTION 26-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ADJUSTING THE
BUDGET FOR THE BIENNIUM COMMENCING JULY 1,2025 BY ADOPTING A SUPPLEMENTAL
BUDGET,APPROVING RESOURCES/REQUIREMENTS,AND MAKING APPROPRIATIONS.
WHEREAS,Certain conditions and situations have arisen since the initial
preparation of the 2025-27 budget and necessitate changes in financial planning, now,therefore,
BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The City Council hereby adjusts the budget for biennium 2025-27 in the amount of$631,000.
Section 2. The City Council hereby authorizes:
A) The appropriation of resources and approval of requirements listed below;
B) The transfers of funds and transfers of fund appropriations as listed herein;
General Fund Fund Adopted Revised Difference
Resources:
Intergovernmental -General $ 2,643,000 $ 2,893,000 $ 250,000
Intergovernmental - Police 814,000 1,134,000 320,000
Intergovernmental - Planning 1,049,000 1,109,000 60,000
$ 630,000
Requirements:
Police $ 42,078,441 $ 42,398,441 $ 320,000
Planning 10,304,872 10,364,872 60,000
Library 15,684,867 15,683,867 (1,000)
Non-departmental
Transfers 7,240,000 7,241,000 1,000
Materials and Services - 250,000 250,000
$ 630,000
Explanation of Major Changes:
To record the grant from Clackamas County for Hunger Fighters and Behavioral Health and additional
grant funds for the Code Audit project. Also to transfer library endowment donations to the Library
Endowment Fund.
System Development Charges Fund Adopted Revised Difference
Requirements:
System Development Charges DepartmE $ 8,500,000 $ 8,710,000 $ 210,000
Contingency 10,160,199 9,950,199 (210,000)
$ -
Explanation of Major Changes:
To record rolling over costs from the previous budget cycle for the Rassekh Park project.
Resolution#26-07 Page 1 of 3
Library Endowment Fund Adopted Revised Difference
Resources:
Transfers $ - $ 1,000 $ 1,000
Requirements:
Reserve for Future Expenditure $ 5,153,378 $ 5,154,378 $ 1,000
Explanation of Major Changes:
To record the transfer of library endowment donations to the Library Endowment Fund.
Considered and enacted at a regular meeting of the City Council held on the 17th day of February,2026.
AYES:
NOES:
ABSTAIN:
ABSENT:
Joseph M. Buck, Mayor
ATTEST:
Laura) Hawkins, City Recorder
APPROVED AS TO FORM:
Erica Tatoian, Special Counsel
Resolution#26-07 Page 2 of 3
General Fund Fund Adopted Revised Difference
Resources:
Miscellaneous Revenue- Fire $ 40,000 $ 740,000 $ 700,000
Requirements:
Parks & Recreation $ 34,971,564 $ 36,971,564 $ 2,000,000
Fire 31,069,829 31,769,829 700,000
Contingency 9,786,000 7,786,000 (2,000,000)
$ 700,000
Tennis Facility Fund Adopted Revised Difference
Resources:
Sales and Services $ 968,000 $ 1,268,000 $ 300,000
Requirements:
Tennis Facility Department $ 1,023,000 $ 1,323,000 $ 300,000
Tourism Fund Adopted Revised Difference
Requirements:
Tourism Department $ 78,000 $ 88,000 $ 10,000
Contingency 198,250 188,250 (10,000)
$
5.5
o�
V —� 0 E 0 COUNCIL REPORT
OREGO�
Subject: Resolution 26-11, Approving the Appointment of Megan Phelan as the City Manager
Pro Tern
Meeting Date: February 17, 2026 Staff Member: Martha Bennett, City Manager
Report Date: February 6, 2026 Department: City Manager's Office
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑X Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑X Consent Agenda
Staff Recommendation: Adopt Resolution 26-11
Recommended Language for Motion: Move to adopt Resolution 26-11 Approving the
Appointment of Megan Phelan as the City Manager Pro Tem
Project/ Issue Relates To: NA
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable
BACKGROUND
I have resigned my employment, and I will perform services as the City Manager through
February 20, 2026. The Mayor, with advice and consent of the City Council, has the ability to
appoint a City Manager Pro Tem per City Charter, Section 20 City Manager. The Mayor is
proposing the appointment of current Assistant City Manager, Megan Phelan, to serve as City
Manager Pro Tem until the next City Manager Pro Tern is hired.
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Page 2
DISCUSSION
City Charter, Section 20 City Manager, states that the Mayor, with advice and consent of the
Councilors, shall appoint a City Manager Pro Tern, who shall possess the powers and duties of
the City Manager. The City Manager Pro Tern may not appoint or remove a City employee
except with the approve of a majority of the entire Council and the person selected to hold the
City Manager Pro Tern position cannot do so for more than six months or have their term
renewed.
Given her current role in the organization, her qualifications, and prior experience serving as
Acting City Manager, the Mayor proposes to appoint Megan Phelan as the City Manager Pro
Tern until the next City Manager Pro Tern is hired. The proposed resolution also delegates
authority to the Pro Tern City Manager to make hiring and firing decisions for City staff; the Pro
Tern City Manager would have no such authority concerning department directors. City staff
(other than department directors) are subject to the City's personnel policies, which generally
provides for progressive discipline before the City may terminate their employment for those
employees that are not considered at-will. The delegation of authority in the proposed
resolution will allow the City to continue to run efficiently while the City undergoes a formal
search and recruitment process for City Manager.
FISCAL IMPACT
Consistent with City Policy, passage of this resolution results in a 10% increase to Ms. Phelan's
base pay for the duration of time she serves as City Manager Pro Tern; and this fiscal impact will
be absorbed by the City Manager's Office Budget.
RECOMMENDATION
Adopt Resolution 26-11 Approving the Appointment of Megan Phelan as the City Manager Pro
Tern
ATTACHMENTS
1. Resolution 26-11
— Respect. c - �i'en e Trust. :-
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
ATTACHMENT 1
RESOLUTION 26-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO APPROVING THE
APPOINTMENT OF MEGAN PHELAN AS THE CITY MANAGER PRO TEM AND DELEGATING
AUTHORITY TO MAKE HIRING AND FIRING DECISIONS OUTSIDE OF DEPARTMENT DIRECTORS
WHEREAS, due to the resignation of the City Manager, a vacancy will exist in that office as of
February 23, 2026; and
WHEREAS, the City Charter specifies in section 20(D) that, upon the City Manager's resignation,
"the Mayor, with the advice and consent of the Councilor's, shall appoint a City Manager Pro Tern,
who shall possess the powers and duties of the City Manager. No City Manager Pro Tern,
however, may appoint or remove a City employee except with the approval of a majority of the
entire Council"; and
WHEREAS, recognizing that Megan Phelan currently serves as the City's Assistant City Manager
and Director of Human Resources, the Mayor proposes to appoint Ms. Phelan as the City Manager
Pro Tem, and seeks the City Council's consent; and
WHEREAS, without delegation from Council, all hiring and firing action at the City would require
Council review and approval causing significant delays in hiring and burdening Council with non-
policy-making decisions; and
WHEREAS, for the City's operations to continue to run efficiently while the City undergoes a formal
search and recruitment process for a replacement City Manager, Council finds it necessary to
delegate hiring and firing authority to the Pro Tern for all employees except for department
directors. Under this system, for those leadership positions, the Pro Tem takes a recommendation
to Council in executive session for discussion and review, with final adoption on the dais, thereby
allowing the City to function efficiently as to rank-and-file employees, but ensuring additional
oversight for key leadership positions;
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The City Councilors consent to the appointment of Megan Phelan as City Manager
Pro Tem, effective February 23, 2026; and
Section 2. The Council assigns a salary to Ms. Phelan, commencing on February 23, 2026, of
$17,223.58 per month for the duration of her services as City Manager Pro Tern; and
Section 3. The Council delegates to the City Manager Pro Tern authority to make hiring and
firing decisions outside of department directors; and
Section 4. Effective Date. This Resolution shall take effect upon passage.
Resolution 26-11
Page 1 of 2
Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on
the 17th day of February, 2026.
AYES:
NOES:
EXCUSED:
ABSTAIN:
Joseph M. Buck, Mayor
ATTEST:
Laural Hawkins, City Recorder
APPROVED AS TO FORM:
Erica Tatoian, Special Counsel
Resolution 26-11
Page 2 of 2
5.6
E os� COUNCIL REPORT
v AN o
OREGO�
Subject: Award a Public Improvement Contract for the construction of Work Order 355
Redfern Avenue Stormwater Improvement Project.
Meeting Date: February 17, 2026 Staff Member: Mort Anoushiravani, PE
Assistant City Engineer
Report Date: February 6, 2026
Javier Moncada, PE
Senior Associate Engineer
Department: Public Works - Engineering
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑ Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑X Consent Agenda
Staff Recommendation: Award a Public Improvement Contract.
Recommended Language for Motion: Move to authorize the City Manager to sign a Public
Improvement Contract with Turney Excavation, Inc. in the amount of$619,645.00 for the
construction of Work Order 355 Redfern Avenue Stormwater Improvement Project.
Project/ Issue Relates To: Adopted Capital Improvement Plan (CIP) project
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ZAdopted Master Plan(s) ❑Not Applicable
BACKGROUND
The 2024 Redfern Avenue Drainage Improvement project (Work Order 355) is identified as an
important project due to stormwater ponding on the roadway. This project is funded under the
current Capital Improvement Plan (CIP) and approved biennium budget for FY 25-27.
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In February 2025, a public services contract was finalized with Otak, Inc. Engineering Services
for the Redfern Drainage Improvement project paid to date are in the amount of$203K. They
performed detailed topographic survey services, outfall capacity evaluation, and hydraulic
analysis to establish the best location to convey ponding stormwater from Redfern Avenue.
Due to poor infiltration soils, existing utilities, and preservation of street parking, an
underground water quality vault with filters was chosen to treat stormwater and preserve
water quality in Oswego Lake. Project design was completed in December 2025.
DISCUSSION
The construction project was first advertised for bid on December 19, 2025. The Engineer's
Estimate of probable construction costs was $1.0M. Sealed bids were opened on February 3,
2026, and the following bids were received:
Cost GFE Total
Rank Contractor Bid Points Points Points
1 Turney Excavation, Inc $ 619,645.00 90 7 97
2 Braun $ 716,251.00 77.9 10 87.9
3 ML Houck $ 708,820.00 78.9 8 86.9
4 N8 $ 731,300.00 76.3 8 84.3
5 Civil West $ 756,481.39 73.7 10 83.7
6 Pacific North $ 795,000.00 70.1 8 78.1
7 Pacific Excavation $ 832,000.00 67.0 8 75.0
8 M1 Hughes $ 894,333.50 62.4 8 70.4
9 Subcom $ 904,000.00 61.7 8 69.7
10 Titan $ 926,060.00 58.4 10 68.4
11 Interlaken $ 955,505.00 60.2 8 68.2
12 KKLA $ 958,005.00 58.2 8 66.2
13 Brown $ 998,389.00 54.7 10 64.7
14 Kodiak Pacific $ 1,019,750.00 55.9 8 63.9
15 SLE $ 1,166,707.00 47.8 8 55.8
This procurement included the City's Good Faith Effort (GFE) Requirements, e.g., COBID
solicitation.
Construction Work is expected to begin in March, with an anticipated completion date in mid-
September 2026.
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FISCAL IMPACT
The project is currently funded from the Stormwater Fund in the adopted 2025/26 Capital
Improvement Plan (CIP) and approved budget for FY 25-27.
RECOMMENDATION
Authorize the City Manager to sign a Public Improvement Contract with Turney Excavation, Inc.
in the amount of$619,645.00 for the construction of Work Order 355 Redfern Avenue
Stormwater Improvement Project.
Respect. Excellence. Trust. Service.
Ak
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
7.1
E os� COUNCIL REPORT
v AP o
OREGO�
Subject: Findings for Ordinance 2964, Home Occupation Code Amendments (LU 25-0002)
Meeting Date: February 17, 2026 Staff Member: Michael McNamee, Associate Planner
Report Date: February 6, 2026 Department: Community Development
Action Required Advisory Board/Commission Recommendation
❑X Motion ❑X Approval
❑ Public Hearing ❑ Denial
❑X Ordinance ❑ None Forwarded
❑ Resolution ❑ Not Applicable
❑ Information Only Comments: The Council held an initial public hearing
❑ Council Direction on January 20, 2026. At a continuation of the public
❑ Consent Agenda hearing on February 3, 2026 the Council tentatively
approved the proposed Community Development
Code amendments, with modifications.
Staff Recommendation: Enact Ordinance 2964, as modified.
Recommended Language for Motion: Move to enact Ordinance 2964 and adopt findings for
LU 25-0002.
Project/ Issue Relates To: Adoption of findings and enaction of Ordinance 2964 (LU 25-
0002), amending the Community Development Code to update the use-specific standards for
home occupations and create regulations for urban agriculture.
❑Council Goals/Priorities ❑Comprehensive Plan ❑X Not Applicable
EXECUTIVE SUMMARY
On January 20, 2026, the City Council conducted a public hearing on LU 25-0002 (Ordinance
2964), a proposal to amend the Community Development Code to replace existing subjective
home occupation standards with clearer, more measurable language and create a new use
category for urban agriculture. The Council's deliberation during the hearing was continued to
February 3, 2026, at which point they tentatively approved the proposed amendments, with
modifications.
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The attached ordinance and findings reflect the Council's direction to approve the Code
Amendments as modified in the draft dated February 4, 2026.
RECOMMENDATION
Enact Ordinance 2964, as modified, and adopt findings for LU 25-0002.
EXHIBITS
A. Draft Ordinance
Ordinance 2964, draft February 4, 2026 (supersedes January 9, 2026 version)
Attachment 1: City Council Findings
Attachment 2: Community Development Code Amendments, draft
February 4, 2026 (supersedes December 3, 2025 version)
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
EXHIBIT A
ORDINANCE 2964
AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING LOC CHAPTER 50
(COMMUNITY DEVELOPMENT CODE) FOR THE PURPOSE OF AMENDING SPECIFIC USE
REQUIREMENTS FOR HOME OCCUPATIONS AND ADDING A NEW LAND USE CATEGORY CALLED
URBAN AGRICULTURE; AND, ADOPTING FINDINGS (LU 25-0002).
WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the
manner required by law; and
WHEREAS, on November 24, 2025, the Planning Commission conducted a public hearing to
consider a City-initiated proposal to amend the Community Development Code to establish
clearer and more objective standards for home occupations, at which the staff report,testimony,
and evidence were received and considered; and
WHEREAS, the Planning Commission has recommended that LU 25-0002, with Planning
Commission recommended Community Development Code Amendments dated October 17,
2025, be approved by the City Council; and
WHEREAS, public hearings on LU 25-0002 were held before the City Council of the City of Lake
Oswego on January 20, 2026 and February 3, 2026, at which the staff report, testimony, and
evidence were received and considered; and
WHEREAS, the Council finds that the Community Development Code should be amended to
replace existing ambiguous language regulating home occupations with clearer and more
objective standards; and
WHEREAS, the Council finds that the Community Development Code should be amended to
create a new use category to be called Urban Agriculture, and that use-specific standards should
be designated for that use;
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 25-0002), attached
as Attachment 1.
Section 2. The Lake Oswego Code, Chapter 50 (Community Development Code) is hereby
amended by deleting the text shown by strikethrough type and adding new text shown
underlined type, in Attachment 2. (Sections or subsections within LOC Chapter 50 that are
omitted in Attachment 2, and not marked for deletion or addition, are neither amended nor
deleted by this Ordinance.)
Section 3. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
Ordinance 2964 (LU 25-0002) PAGE 1 OF 2
EXHIBIT A
remaining portions of this ordinance.
Section 4. Effective Date. As provided in Section 35C of Chapter VIII of the Lake Oswego Charter,
this ordinance shall take effect on the thirtieth day following enactment.
Enacted at the meeting of the City Council of the City of Lake Oswego held on the 17th day of
February, 2026.
AYES:
NOES:
ABSTAIN:
ABSENT:
Joseph M. Buck, Mayor
Dated:
ATTEST:
Laura) Hawkins, City Recorder
APPROVED AS TO FORM:
Erica Tatoian, Special Counsel
Ordinance 2964 (LU 25-0002) PAGE 2 OF 2
DRAFT: 02/06/2026 ATTACHMENT 1
LU 25-0002
(Ordinance 2964)
BEFORE THE CITY COUNCIL
2
3 OF THE CITY OF LAKE OSWEGO
4
5
AMENDMENTS TO THE COMMUNITY LU 25-0002
DEVELOPMENT CODE, LOC 50.03.002 USE CITY OF LAKE OSWEGO
TABLE, LOC 50.03.004 ACCESSORY STRUCTURES FINDINGS AND CONCLUSIONS
AND USES, LOC 50.07.005 CONDITIONAL USE
PERMITS, AND LOC 50.10.003 DEFINITIONS;
AND ADOPTING ORDINANCE 2964.
6
7 NATURE OF PROCEEDINGS
8
9 This matter came before the Lake Oswego City Council on the recommendation of the
10 Planning Commission for legislative amendments to the Community Development Code (CDC)
11 for the purpose of replacing existing subjective home occupation standards with more
12 objective, measurable standards that can be easily understood by home occupation business
13 applicants and neighbors and to create a new land use category to be called Urban Agriculture.
14 The proposed amendments are to:
15
LOC 50.003.002 Amend the land use table for residential zones to
allow "Urban Agriculture" as a conditional use in the
R-10 and R-15 zoning districts.
LOC 50.003.004.1.b.ii Amend specific use standards for home occupations.
Remove subcriterion (1), which is subjective. Create
classification system for home occupations. Add new
specific use standards that are more objective and
measurable to replace subcriterion (1).
LOC 50.003.004.1.b.vii Add Subsection vii, specific use standards for Urban
Agriculture.
LOC 50.07.005 Amend the Intent and Purpose section to clarify that
Urban Agriculture businesses that were in place
prior to Ordinance 2964 are not required to obtain a
conditional use to continue operating.
LOC 50.10.003 Amend the Definition of Terms to add a definition
for Urban Agriculture.
16
17
Ordinance 2964 (LU 25-0002) ATTACHMENT 1/Page 1 of 3
DRAFT: 02/06/2026
1 HEARINGS
2
3 The Planning Commission held a public hearing and considered this application at its
4 meeting on November 24, 2025. The Commission adopted its Findings, Conclusion and Order
5 recommending approval of LU 25-0002 on December 8, 2025.
6 The City Council held a public hearing and considered the Commission's recommendation
7 at its meetings on January 20 and February 3, 2026.
8
9 CRITERIA AND STANDARDS
10
11 A. City of Lake Oswego Comprehensive Plan
12 Land Use Planning Policy C-4
13 Complete Neighborhoods & Housing Policy C-6
14 Economic Vitality Policies A-3 and A-10
15 Community Health & Public Safety:
16 Public Safety, Police and Fire Protection Policy 4
17 Sound Quality Policy 1
18 Access to Local Food Policy 3
19 Open Spaces & Natural Areas, Air Resources Quality (Goal 6) Policy 5
20
21 B. Neighborhood Plans
22 Glenmorrie: Housing Policies 6 and 7
23 Lake Forest: Air, Water, and Land Resources: Sound Quality Policy 1
24 Economic Development and Commercial Lands Policy 5
25 Housing/Residential Land Use Policies 5 and 6
26 Waluga: Economic Development Policies 10 and 11
27
28 C. City of Lake Oswego Community Development Code
29 LOC 50.07.003.16.a Legislative Decisions Defined
30 LOC 50.07.003.16.c Required Notice to DLCD
31 LOC 50.07.003.16.d Planning Commission Recommendation Required
32 LOC 50.07.003.16.e City Council Review and Decision
33
34 FINDINGS AND REASONS
35 The Council incorporates the Planning Commission Staff Report dated November 14, 2025
36 (Exhibit D-1), with all exhibits, and the Findings and Conclusions in the Commission's December
Ordinance 2964 (LU 25-0002) ATTACHMENT 1/Page 2 of 3
DRAFT: 02/06/2026
1 8, 2025 Findings, Conclusions and Order, for LU 25-0002, as support for the Council's decision.
2 Following are the supplemental findings and conclusions of the Council:
3
4 1. Use of Public Streets. The Council expressed a desire to mitigate the impact of home
5 occupations on adjacent public streets. As such, they concluded that a new standard
6 should be added to the use-specific standards for home occupations, as follows:
7 The home occupation shall not create a pattern of parking or queuing that is
8 visibly inconsistent with surrounding residential uses.
9 This addition is reflected in the draft code amendments dated February 4, 2026 in
10 Attachment 2 to Ord. 2964.
ii 2. Outdoor Activity. The Council considered two options for regulating outdoor
12 activities related to home occupations: Option 1 would permit specifically defined
13 outdoor activity and provide parameters for how and when that activity can take
14 place, and Option 2 would ban outdoor activity. The Council selected Option 1,
15 which is included in the draft code amendments dated February 4, 2026.
16 3. Amplified Sound. The Council expressed concerns about the impact of noise
17 generated by home occupations on surrounding properties, in particular associated
18 with outdoor activity. The Council concluded that a criterion should be added to the
19 regulations for outdoor activity banning the use of any amplified sound. This change
20 is also included in the draft code amendments dated February 4, 2026.
21 CONCLUSION
22 The Council concludes that LU 25-0002/Ord. 2964, as modified in the draft dated
23 February 4, 2026, complies with all applicable criteria and should be approved.
24
Ordinance 2964 (LU 25-0002) ATTACHMENT 1/Page 3 of 3
Draft 02/04/2026
ATTACHMENT 2
LU 25-0002
LOC 50.03.002 Use Table (Ordinance 2964)
///
2. Residential Use Table.
TABLE 50.03.002-1:RESIDENTIAL DISTRICTS USE TABLE
P=Permitted Use I Blank=Not Permitted I C=Conditional Use I A=Accessory Use
[x]Table notes located at the end of the table
Use Use Type Residential Use-Specific
Category Standards
R-15 R-10 R-7.5 R-6 R-5 R-DD R-W R-3[3] R-2 R-0[3][4]
ACCESSORY USES
Accessory Community A A A A A A A A A A §50.03.003.6.j
Uses garden
Urban C C §50.03.004.1.b.vii
agriculture
Home A A A A A A A A A A §50.03.004.1.b.ii
occupation
Short-term A A A A A A A A A A §50.03.004.1.b.ii
rental lodging
Large animals A A §50.03.004.1.b.iii
kept for owner's
personal use
Small animals A A A A A A A A A A
kept for owner's
personal use[2]
Accessory A A A A A A A A A A §50.03.004.1.b.vi
dwelling unit
///
Ordinance 2964 (LU 25-0002) ATTACHMENT 2/PAGE 1 OF 4
Draft 02/04/2026
LOC 50.03.004 Accessory Structures and Uses
1. Accessory Uses
a. General Standards
///
b. Standards for Specific Uses
///
ii. Home Occupation.There are three types of home occupations:
Type A.A home occupation where a portion of the home is used to operate a business but no
customers come to the site. A Type A home occupation may also involve a home that is used as
a business address, but is not used for business operations.
Type B. A home occupation where a portion of the home is used to operate a business and
customers may come to the site.
Type C. A short-term rental, as defined in LOC 50.10.003.2.
A Type A,Type B, or Type C home occupation may be conducted where allowed by
other provisions of this Code if the following conditions are continuously met
(1) A current and valid business license is maintained.
(2) No persons other than family members who reside at the dwelling may be employed
or otherwise work in the home occupation, except persons performing housekeeping,
yard maintenance, or other domestic services for the dwelling where the business
occurs.
(3)No outdoor storage of goods or materials.
(4)The City's public nuisance rules (LOC Art. 34.08, LOC Art. 34.10) apply to home
occupations, and any complaints of a public nuisance related to a home occupation shall
be treated the same as any other public nuisance.
(5) No more than 25%of the aggregate floor area on the lot is devoted to nonresidential
use, except that an entire dwelling unit or portion thereof may be used for short-term
rental lodging; an accessory structure may be used, provided the provisions of this
subsection are met.
(6) Marijuana facilities, psilocybin service centers, and psilocybin production are
prohibited.
(7) A Type B home occupation shall meet the following additional standards:
(a)The home occupation shall not create a pattern of parking or queuing that is
visibly inconsistent with surrounding residential uses(b) Outdoor activities
involving clients or customers are not permitted, except limited outdoor activity
as provided below:
Ordinance 2964 (LU 25-0002) ATTACHMENT 2/PAGE 2 OF 4
Draft 02/04/2026
(i) Instructional or demonstration uses directly led by the home
occupation operator such as art, gardening, or yoga classes, limited to
five clients or participants at one time are permitted. No more than two
outdoor sessions are permitted per day, and no more than six outdoor
sessions are permitted per week. Outdoor business activities may only
occur between 9:00 am and 7:00 pm. No outdoor business activity is
permitted on Sundays or public holidays.
(ii) Use of outdoor space for events, rentals, parties,weddings,
performances, markets, or other commercial gatherings is prohibited.
(iii) Use of devices that amplify noise, including but not limited to a
speaker of any kind, is prohibited.
(8)Type C Home Occupations, short-term rentals, shall meet the following additional
standards:
(a)A person who owns a lot containing a short-term rental (primary or
secondary dwelling unit) must maintain their primary residence on the lot. The
owner is not required to be on the lot when the dwelling is rented.
(b) No other commercial uses are allowed in conjunction with or accessory to a
short-term rental.The short-term rental shall not be marketed or used for
group events such as weddings, classes, or similar events, for example.
The following uses are exempt from the regulations of this section, except that a
business license is still required:
(a) Registered or certified family child care homes that also meet the State's
requirements of ORS 329A; and
(b) Licensed adult foster homes that also meet the State's requirements of OAR
309-040-0330.
///
///
vii. Urban Agriculture. Urban agriculture is permitted with a Conditional Use Permit.
(1) The property must have a minimum lot size of one acre.
(2) The urban agriculture use shall have a maximum area of 20,000 square feet or 35
percent of the area of the lot,whichever is less.The maximum area includes the
area under cultivation,the area covered by any structures associated with food
and/or beverage production,the compost pile, or any other area associated with
the activities of the agriculture use.
(3) On-site sales and serving are allowed, subject to the following additional standards:
(a) Sales and serving are allowed only between 7:00 am and 8:00 pm.
(b) Sales and serving are allowed up to 45 days in each calendar year.
Ordinance 2964 (LU 25-0002) ATTACHMENT 2/PAGE 3 OF 4
Draft 02/04/2026
(c) A maximum number of clients or customers permitted on the property at
the same time will be determined as part of the conditional use approval.
(4) Use of motorized equipment is only allowed between 7:00 am and 8:00 pm.
///
LOC 50.07.005 Conditional Use Permits.
1. Intent and Purpose; Effect of Use Under Prior Code Which is Conditional Under Current Code.
a. A conditional use is an activity which is permitted in a zone but which, because of some
characteristics which are not entirely compatible with other uses allowed in the zone, cannot be
permitted outright.A public hearing and review of the proposed conditional use by the hearing
body and the imposition of conditions, if necessary, is intended to ensure that the use proposed
will be as compatible as practical with surrounding uses, and is in conformance with the
purposes and requirements of the district, if any, and with other applicable criteria and
standards of the City.
b. An alteration in a use which was classified by the prior zoning code as a permitted use that is by
this Code classified as a conditional use shall conform to the requirements of this Code.
c. A use that existed before December 16, 1982, which is permitted only upon receiving a
conditional use permit under the terms of this Code, and an urban agriculture use that existed
before March 19, 2026, is not a nonconforming use, but is without further action to be
considered a conforming use.
///
LOC 50.10.003 Definitions
2. Definition of Terms.
///
Urban Agriculture
A site where food and/or plants are grown to be sold, including crops that will be used to
produce alcoholic or other beverages,that does not qualify as a Home Occupation per LOC
50.03.004.b.ii.An area for serving or tasting can be included.The food and/or plants may be
sold directly to consumers, restaurants, stores, or other buyers, or at markets. Heavy
manufacturing is not allowed as part of this use.
///
Ordinance 2964 (LU 25-0002) ATTACHMENT 2/PAGE 4 OF 4
7.2
V —� 0
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OREGO�
Subject: Submitting a ballot measure to voters for the May 19, 2026, election for a general
obligation bond to replace the South Shore Fire Station.
Meeting Date: February 17, 2026 Staff Member: Kristine Artman, Assistant Fire Chief
Erica Tatoian, Special Counsel
Report Date: February 6, 2026
Department: Fire Department
City Attorney's Office
Action Required Advisory Board/Commission Recommendation
❑X Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑X Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction Supported by South Shore Fire Station Task Force
❑ Consent Agenda (2025) Recommendations
Staff Recommendation: Adopt Resolution 26-08
Recommended Language for Motion: Move to adopt Resolution 26-08
Project/ Issue Relates To: South Shore Fire Station
Issue before Council (Highlight Policy Question): Shall the City Council refer Resolution
26-08 to the May 2026 ballot for voter approval?
❑X Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable
BACKGROUND
Constructed in 1971, South Shore Fire Station is the oldest of Lake Oswego's four fire stations.
Over the last forty years, through strategic investment, the Fire Department has extended the
life of this facility. However, there are substantial structural and life-safety deficiencies that
cannot be addressed through renovation. These improvements are needed to maintain Lake
Oswego Fire Department's ability to effectively respond to medical, fire, and life safety
emergencies.
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Following facility assessments and recommendations from the community South Shore Fire
Station Task Force, the City Council has determined that the existing building has reached the
end of its functional life and can no longer effectively support modern emergency services.
The City of Lake Oswego is seeking voter approval for a $20.6 million general obligation bond to
replace the South Shore Fire Station (Station 212). Project costs have been refined through
extensive work with contracted team at Hennebery Eddy Architects and Bremik Construction.
DISCUSSION
During the February 3, 2026, City Council meeting, Council directed staff to prepare a Ballot
Measure for Council consideration. The ballot measure as proposed would give voters the
decision to authorize the City to issue general obligation bonds not to exceed $20.6 million to
finance the replacement of the South Shore Fire Station.
Election Deadlines
The election filing deadlines that staff will be following for the May 19, 2026, election are
as follows:
• February 17: Council decision whether to refer to voters
• February 27: City will file a ballot title for publication of notice.
o Electors have seven (7) business days to challenge a ballot
title.
• February: Submit Communication materials to the Secretary of State for
"Safe Harbor" review.
• March 19: Last day a City may file a notice of measure election, which
contains the ballot title and an explanatory statement. The notice
may only be filed upon completion of the ballot title challenge
period.
• March 23: Last day for submission in the county voters'pamphlet. City staff
may not file or assist in the filing of arguments in support or
opposition.
• February to May: City responsible for public information distribution.
• May 19: Election Day
FISCAL IMPACT
Project Fiscal Impact
As proposed, the total principal amount of the bond will not exceed $20.6 million. Bond funds
are restricted by law. They may only be used for the costs associated with the South Shore Fire
Station project, including design, construction, and the temporary relocation of crews during
the build phase.
Resident Tax Rate: The estimated cost to taxpayers is approximately$0.19 per$1,000 of
assessed value. Based on a $600,000 assessed home value, this equates to approximately$114
per year, or$9.50 per month.
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Referral Fiscal Impact
• Polling contracted through FM3 ($65,500.00)
• Communications contracted through Quinn Thomas ($50,000.00)
• Elections Costs ($1,000)
If City Council elects not to move forward with the proposed Resolution for the May 2026
ballot, the City will end all expenditures, including staff time, on the measure effective
immediately.
RECOMMENDATION
Staff recommend adoption of Resolution 26-08.
ATTACHMENTS
1. Resolution 26-08
2. Proposed Caption, Question, and Summary
3. Proposed Explanatory Statement
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ATTACHMENT 1
Resolution 26-08
RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL SUBMITTING TO THE VOTERS AT THE MAY
19, 2026, ELECTION A MEASURE AUTHORIZING ISSUANCE OF GENERAL OBLIGATION BONDS IN
AN AMOUNT NOT TO EXCEED $20.6 MILLION TO FINANCE THE REPLACEMENT OF THE SOUTH
SHORE FIRE STATION.
WHEREAS, the South Shore Fire Station (Station 212), constructed in 1971, is the oldest fire
station for the City of Lake Oswego and has reached the end of its useful life; and
WHEREAS, the City Council and the South Shore Fire Station Task Force have identified
significant structural and operational deficiencies, including a lack of seismic resilience,
inadequate living quarters for a diverse workforce, and insufficient decontamination zones to
protect firefighters from cancer-causing carcinogens; and
WHEREAS, the City Council finds that the most cost-effective solution to ensure long-term public
safety and operational readiness is the demolition of the existing structure and the construction
of a modern, seismically sound fire station on the current site; and
WHEREAS, the estimated cost to design, construct, and equip the new facility, including
temporary relocation costs during construction, is $20,600,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The above recitals are incorporated into this resolution.
Section 2. The City Council refers to the May 19, 2026, election a ballot measure authorizing the
City to issue general obligation bonds not to exceed $20.6 million to finance the replacement of
the South Shore Fire Station. Measure is attached to this Resolution and adopted by reference.
Section 3. The City Manager, City Attorney, and City Recorder shall take all steps on behalf of
the City as necessary to carry out the intent and purposes of this resolution in compliance with
state and local law including but not limited to publishing the ballot title as provided by state
law, publishing notice of the measure as required, submitting an explanatory statement, and
filing this measure with the appropriate County Elections Divisions.
Section 4. Effective Date. This Resolution shall take effect upon passage.
Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego
on the 17th of February, 2026.
Resolution 26-08
Page 1 of 2
AYES:
NOES:
EXCUSED:
ABSTAIN:
Joseph M. Buck, Mayor
ATTEST:
Laura) Hawkins, City Recorder
APPROVED AS TO FORM:
Erica Tatoian, Special Counsel
Resolution 26-08
Page 2 of 2
ATTACHMENT 2
South Shore Fire Station—Ballot Language
Caption: 10/10
Funding South Shore Fire Station Reconstruction to Improve Community Safety
Question: 19/20
Shall Lake Oswego rebuild the South Shore fire station to improve community safety by issuing
$20.6 million in bonds?
If the bonds are approved, they will be payable from taxes on property or property ownership
that are not subject to the limits of sections 11 and 11b, Article XI of the Oregon Constitution.
Summary: 169/175
If approved, this measure would permit the issuance of general obligation bonds to demolish
the existing South Shore Fire Station (built in 1971) and build a replacement station.
A new station would modernize the building to keep response times low, provide upgraded
safety for firefighters, and meet seismic standards.
A task force evaluated alternative options, including continuing renovations and closing the
station, and recommended reconstructing the station. Today's building codes and
environmental laws make remodeling more expensive than new construction. In addition, the
crew quarters must be rebuilt as they cannot be reinforced to meet today's seismic standards
for essential facilities, leaving firefighters and the community vulnerable in an earthquake.
If the measure is rejected, the current station will remain in service as long as it is safe to be
used, but it will likely need to be closed in the future.
The bonds are estimated to cost $0.19 per $1,000 of assessed property value annually. Actual
rates may vary based upon interest rates and changes in assessed value.
ATTACHMENT 3
South Shore Fire Station—Explanatory Statement
Explanatory Statement: 458/500
Background of South Shore Fire Station
Constructed in 1971, the South Shore Fire Station, located at 1880 South Shore Boulevard, is
the oldest of Lake Oswego's four fire stations. While the station primarily serves the southeast
quadrant—including Lakeridge High School, Hallinan Elementary School, Luscher Farm, Lake
Oswego Recreation and Aquatic Center, Mary's Woods, and the Stafford Retirement
Community. South Shore Fire Station functions as part of a city-wide emergency response
system. Personnel, vehicles, and equipment from this station respond to critical incidents and
medical emergencies throughout the entire Lake Oswego community.
Facility Deficiencies & Earthquake Safety
A City Council-appointed Community Task Force evaluated the facility and determined the
South Shore Fire Station has reached the end of its useful life. The building does not meet
current seismic standards for essential public facilities such as fire stations, schools, or
hospitals. The Task Force found that existing crew quarters cannot be reinforced to meet
essential facility seismic standards. After evaluating alternatives, the Task Force determined
that renovating the existing structure was not economically feasible compared to the cost of
constructing a new, earthquake safe facility.
Health & Operational Improvements
If approved, the measure would fund the construction of a new facility designed to include:
• Decontamination Areas: Dedicated spaces designed to reduce firefighter exposure to
cancer-causing materials commonly encountered when fighting fires.
• Modern Vehicle Bay: Expanded storage space to accommodate modern emergency
vehicles and equipment like the marine rescue boat and trucks used for wildfire
response that do not fit in the current 1971 structure.
• Operational Readiness: Facility designed to maintain the city's current emergency
response goals, including the target of reaching 90% of high-priority calls within 8
minutes or less.
Proposed Measure & Financial Impact
After evaluating alternatives, including renovation and closing the South Shore Station, the Task
Force recommended a full replacement funded by general obligation bonds because current
building codes and environmental regulations make remodeling the 1970s materials more
expensive than new construction. The City Council reviewed the Task Force recommendations
and submitted this measure for voter consideration.
Measure XX-XXX authorizes the issuance of up to $20.6 million in general obligation bonds to
demolish the existing structure and construct a new station at the current location.
The bonds are estimated to cost property owners approximately $0.19 per $1,000 of assessed
property value annually. For a home with an assessed value of$600,000, the estimated annual
cost would be $114.
If the measure is rejected, the $20.6 million in bonds will not be issued, and the property tax
will not be imposed. The current station would remain in service only as long as it is deemed
safe for use, but it would not be upgraded to meet modern seismic, health, or safety standards.
8.1
V —� 0
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OREGO\-\
Subject: Statewide Oregon Housing Needs Analysis Rules (PP 22-0005)
Meeting Date: February 17, 2026 Staff Member: Erik Olson, Long Range Planning
Report Date: February 6, 2026 Manager
Department: Community Development Department
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑ Resolution ❑X Not Applicable
❑X Information Only Comments: The Council adopted the most recent
❑ Council Direction Housing Needs Analysis (HNA) on October 17, 2023.
❑ Consent Agenda Lake Oswego will be required to update its HNA in
2029 under the new statewide Oregon Housing Needs
Analysis framework.
Staff Recommendation: N/A
Recommended Language for Motion: N/A
Project/ Issue Relates To: Council Initiative to, "Begin implementation of the near-term
strategies in the Housing Production Strategy Report," to meet the needs identified in the
City's Housing Needs Analysis.
Issue before Council (Highlight Policy Question): The new statewide Oregon Housing Needs
Analysis framework will increase the projection of need for housing units in Lake Oswego.
❑X Council Goals/Priorities: Plan for change and growth, with a focus on enhancing the
community's quality of life and sense of place; Begin implementation of the near-term
strategies in the Housing Production Strategy Report
ISSUE BEFORE COUNCIL
The purpose of this study session is to receive a general overview of the new statewide Oregon
Housing Needs Analysis (OHNA) program from Samuel Goldberg, Housing Policy Analyst in the
Housing Services Division of the Oregon Department of Land Conservation and Development
(DLCD). The OHNA program is expected to result in a significant increase in the City's projection
of housing need as compared to the current Housing Needs Analysis (HNA). This presentation
will provide Council with important context on the state housing requirements that will apply to
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the City's next HNA update in 2029 and to the ongoing implementation of the City's Housing
Production Strategy (HPS).
BACKGROUND
The 2023 HNA was prepared and adopted in compliance with House Bill 2003 (HB 2003) (2019)
and HB 3155 (2021), which require the City to analyze what housing is needed for its current
and future residents. The following year, the City was required by ORS 197.290 to develop a
Housing Production Strategy outlining actions the City will take to address those housing needs;
Lake Oswego's HPS was adopted in 2024. Lake Oswego will be due for an update to its HNA in
2029 and the HPS in 2030.
The 2023 HNA forecasted a population growth of 411 residents over the next 20 years, based
on a housing forecast for Lake Oswego provided by Metro. This growth forecast was combined
with a projection that household size would decrease, resulting in an overall need for 1,968
new housing units over the next 20 years. A footnote on page 26 of the HNA notes that the
forecasted growth rates are, "very low in comparison to rates experienced during the past 20
years and low in comparison to projected rates in other parts of the region and state." The
footnote goes on to state the following:
The City's population increased by about 18%, with an average annual growth rate of
about 1%between 2000 and 2020 per year. During the next 20 years,forecasted growth
is projected to be a total of 1%, with an average annual growth rate of just 0.05%per
year. Many community members in Lake Oswego, including members of the project Task
Force, as well as members of the City's Planning Commission and City Council, have
questioned the accuracy of the projected growth rates,
The footnote concludes with, "To the extent growth occurs at a faster rate than projected, the
City will need to identify and implement strategies to address a potential shortage in available
land for housing in the near term."
DISCUSSION
Following the adoption of HB 2003 (2019), DLCD initiated a multi-year rulemaking process to
establish the new statewide OHNA program. This resulted in the publication of the OHNA
Methodology Report in January 2025, along with a 20-year housing allocation for every
jurisdiction in the state. As stated in a recent letter from DLCD (Attachment 1):
The new methodology accounts for underproduction of housing, housing for people
experiencing homelessness, and second and vacation homes. In addition, the allocation
of housing units within the Metro Urban Growth Boundary(UGB) is based on a formula
that factors in past housing production and existing units that serve those making 50%
or less of the regional Area Median Income, as well as other data. The allocations for
each jurisdiction are broken down into affordability levels to ensure housing produced in
Oregon meets the housing needs of community members across all income levels.
The OHNA methodology estimates the total number of needed housing units for all of Oregon
over a 20-year period, then divides that into geographic regions, components of need, and
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income levels. Needs at the regional level are then allocated to each local government in the
region to use in their HNAs, which forms the basis for developing targets for cities to use in
their associated HPS. The number of needed housing units for each jurisdiction will be updated
annually using this same methodology.
Lake Oswego's 2023 HNA was adopted prior to the establishment of the new OHNA
methodology. The City will be required to use the 20-year allocated housing need and 6-year
housing production targets under the new OHNA framework when the next HNA and HPS are
developed in 2029 and 2030.
DLCD wrote, "While the allocation will change each year as updated data is used in the formula,
we expect Lake Oswego's allocation to remain considerably higher than the 20-year estimated
need of 1,968 units in the 2023 HNA" (Attachment 1). Specifically, Lake Oswego's 20-year
overall housing allocation under the OHNA 2026 Production Targets and Adopted Methodology
is 4,850 units— roughly 2.5 times the projection in the 2023 HNA. See Figure 1, below.
Figure 1: Lake Oswego's Housing Allocation (OHNA 2026)
Metro UGBs Results Total 0-30% 31-60% 61-80% 81-120% >120%
AMI AMI AMI AMI AMI
Lake 1 year 322 95 68 36 51 73
Oswego 20 year 4,850 • 1,139 913 535 873 1,391
The City will be required to submit a midpoint report to DLCD by the end of 2027 that outlines
housing production over the first three years of HPS implementation. These numbers will be
compared to peer cities and the region. Any cities with below-average housing production as
compared to peer cities may be referred to DLCD's housing acceleration program. Housing
production data will be displayed on a Housing Equity Indicator Dashboard online as a,
"transparent measure of progress on statewide and local housing production and equity goals"
(Attachment 1), and the dashboard will also be used as a demonstration of a city's housing
production performance during midpoint review.
Staff notes that, while these projections are more consistent with the growth rates many
considered more appropriate when the 2023 HNA was being developed, they may come as a
surprise to anyone using the HNA figures as a 20-year target for housing production and is an
important consideration as the City begins work on the Code Audit and Amendments and
Rezoning for Housing projects. DLCD staff will provide an overview of the new OHNA
requirements and answer Council's questions about how these changes impact the ongoing
implementation of the City's HPS.
ATTACHMENTS
1. OHNA Targets Letter from DLCD, 12/04/2025
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ATTACHMENT 1
F O
N.",, :z re on Department of Land Conservation and Development
��� 635 Capitol Street NE, Suite 150
$59� Tina Kotek,Governor Salem, Oregon 97301-2540
Phone: 503-373-0050
Fax: 503-378-5518
December 4, 2025 www.oregon.gov/LCD
Erik Olson, Long Range Planning Manager (ail)
Community Development Department
City of Lake Oswego mippr
380 A Avenue
Lake Oswego, OR 97034
Sent via e-mail
Re: Statewide Planning Goal 10— Housing Planning Requirements
Dear Erik,
This letter summarizes how changes to the state requirements for housing planning will impact
the City of Lake Oswego.
Background
The City of Lake Oswego adopted a Housing Needs Analysis (HNA), also called a Housing
Capacity Analysis (HCA) in 2023. This analysis utilized the housing forecast for Lake Oswego,
provided by Metro, which forecasted population growth of 411 over the next 20 years. The city
used this forecast and coupled it with a projection that household size would decrease over the
next 20 years, resulting in a need overall for 1,968 new housing units. Building from the
information from the HCA and equitable engagement, the city developed and adopted its first
Housing Production Strategy (HPS) the following year in 2024. Of note, HB 2003 (2019)
required cities with a population of 10,000 or more to complete an HCA and HPS on a regular
basis. For cities inside the Portland Metro, like Lake Oswego, these are completed every six
years. Lake Oswego will be due for an update to its HCA in 2029 and the HPS in 2030.
Oregon Housing Needs Analysis
During the last several years, the state has been rolling out the Oregon Housing Needs Analysis
(OHNA) program. Specifically, the Department of Land Conservation Development has been
engaging in a multi-year rulemaking process to integrate the OHNA into Statewide Planning
Goal -10 housing and Goal 14 — Urbanization requirements, which have considerably changed
the way we plan for housing in Oregon. In January 2025, the Department of Administrative
Services published the Oregon Housing Needs Analysis methodology report along with a 20-
year housing allocation for every jurisdiction in the state. The new methodology accounts for
underproduction of housing, housing for people experiencing homelessness, and second and
vacation homes. In addition, the allocation of housing units within the Metro Urban Growth
Boundary (UGB) is based on a formula that factors in past housing production and existing units
that serve those making 50% or less of the regional Area Median Income, as well as other data.
The allocations for each jurisdiction are broken down into affordability levels to ensure housing
produced in Oregon meets the housing needs of community members across all income levels.
PP 22-0005 ATTACHMENT 1 /PAGE 1 OF 3
Lake Oswego— Statewide Planning Goal 10 — Housing
December 4, 2025
Page 2 of 3
When Lake Oswego embarks upon a new HCA and HPS in 2029 and 2030 for its next 6-year
cycle, the city will use its 20-year allocated housing need and 6-year housing production targets.
Please note that Lake Oswego's 2025 allocation, which may be considered a preview to future
housing allocations, is 4,620 housing units. While the allocation will change each year as
updated data is used in the formula, we expect Lake Oswego's allocation to remain
considerably higher than the 20-year estimated need of 1,968 units in the 2023 HNA.
Lake Oswego's 20-year housing allocation (OHNA 2025)
0-30%AMI 31-60%AMI 61-80%AMI 81-120%AMI >120%AMI TOTAL#of housing units
1,009 870 503 864 1,373 4,620
Lake Oswego's 6-year housing unit production targets allocation (OHNA 2025)
0-30%AMI 31-60%AMI 61-80%AMI 81-120%AMI >120%AMI TOTAL#of housing units
492 378 198 300 426 1,794
Housing Production and Equity Data
The Oregon Housing and Community Services (OHCS) department hosts a Housing Production
Dashboard online, which displays each city's annual 20-year housing allocation and 6-year
housing production targets as well as housing production data provided annually by the cities.
The state uses housing production data in the following ways:
• As a basis for referral to DLCD's housing acceleration program. Cities with below-
average housing production may be referred to the housing acceleration program
following their midpoint report year, which is halfway through the 6-year Housing
Production Strategy implementation timeframe. Lake Oswego will submit a midpoint
report by the end of 2027 and DLCD will compare housing production in Lake Oswego to
their peer cities and to the region at that time.
• Within the Metro housing allocation formula: Units needed to meet the current housing
need are calculated based on existing production and existing affordability in each Metro
jurisdiction.
The formula uses the city's rate of housing unit production relative to the UGB-wide
average. Units built within the last five years of the model "run year" are calculated as a
share of total units within each jurisdiction. This component of the formula has an
inverse weight, meaning a higher number of units produced in the last five years would
result in a lower allocation.
The formula operationalizes statutory direction to incorporate an "equitable distribution of
housing" under ORS 184.453 (3)(c), ensuring cities that have historically underproduced
market-rate or affordable housing are responsible for a greater proportionate share of
housing underproduction. The selected inverse weights have the effect of allocating
more housing, particularly housing affordable at lower incomes, to cities that have
historically produced less market-rate and affordable housing units.
PP 22-0005 ATTACHMENT 1 /PAGE 2 OF 3
Lake Oswego— Statewide Planning Goal 10 — Housing
December 4, 2025
Page 3 of 3
• As a transparent measure of progress on statewide and local housing production and
equity goals using OHCS' Housing Equity Indicator Dashboard online. DLCD will review
the city's performance as demonstrated by the Housing Equity Indicator Dashboard at
the midpoint review, including consideration for referral into the acceleration program.
We want to emphasize that many factors impact housing production, and production will rise
and fall over time, especially in relation to economic forces. We understand the housing
production targets are ambitious and that not every city will be able to meet their targets, and
some jurisdictions may meet their targets some years but not other years. While the adopted
2023 HCA remains the factual basis for the city's housing need until the city updates and adopts
its next HCA in 2029, preparing for the higher targets now will help the city address historic
underproduction and advance fair and equitable housing outcomes. Exceeding housing targets
is certainly not a bad thing in a city that is simultaneously fulfilling the other relevant statewide
planning goals. For cities that see housing production far below their target, the housing
acceleration program is meant to provide assistance to pinpoint and address barriers to
production.
We look forward to working with you as you continue your housing planning efforts.
Sincerely,
g(71ge -
Ethan Stuckmayer
Housing Division Manager, Department of Land Conservation and Development
Cc: Kelly Reid, DLCD
Samuel Goldberg, DLCD
PP 22-0005 ATTACHMENT 1 /PAGE 3 OF 3