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City Council Packet - 06/27/2017 illqCity of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD Revised 6/27/17 Agenda Order Revised MEETING DATE AND TIME: June 27,2017 - 6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (1'L)D -Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (TDD-Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.tigard-or.gov CABLE VIEWERS:The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. :1111q 1' Cite of 'Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD Revised 6/27/17 Agenda Order Revised MEETING DATE AND TIME: June 27,2017 - 6:30 p.m. Study Session;7:30 p.m.Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM •STUDY SESSION •EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. 1. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time 7:30 PM 2. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 3. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 4. CONSENT AGENDA: (Tigard City Council&Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. APPROVE CITY COUNCIL MINUTES: •April 11,2017 •April 25,2017 B. PROCLAIM JULY,2017 AS PARK AND RECREATION MONTH C. PROCLAIM THE 20TH ANNIVERSARY OF MIDDLE OF MILLEN DRIVE PARADE D. LOCAL CONTRACT REVIEW BOARD -AUTHORIZE PURCHASE OF POLICE VEHICLES •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council!City Center Development Agency has voted on those items which do not need discussion. 5. CONSIDER RESOLUTION APPOINTING LIBRARY BOARD MEMBERS AND ALTERNATES 7:40 p.m. estimated time 6. CONSIDER RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH SD DEACON FOR TIGARD TRIANGLE PROPERTY 7:45 p.m. estimated time 7. QUASI-JUDICIAL PUBLIC HEARING-CONSIDER ORDINANCES FOR ISLAND ANNEXATIONS 7:50 p.m.estimated time 8. LOCAL CONTRACT REVIEW BOARD -CONSIDER CONTRACT FOR DESIGN, FABRICATION AND DELIVERY OF PEDESTRIAN BRIDGE ON FANNO CREEK TRAIL 8:50 p.m. estimated time 9. CONSIDER RESOLUTION TO APPROVE A NEW TIGARD POLICE OFFICER ASSOCIATION CONTRACT FOR FISCAL YEARS 2017-2020 AND AUTHORIZE THE CITY MANAGER TO SIGN 9:00 p.m. estimated time 10. CONSIDER COUNCIL TRAVEL POLICY 9:10 p.m. estimated time 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 12. NON AGENDA ITEMS 13. ADJOURNMENT 9:15 p.m. estimated time 11P111 i, City of Tigard Tigard City Council Meeting Agenda TIGARD June 27, 2017 CITY COUNCIL STUDY SESSION 1. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. • Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660 (4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Administrative Items: Summer outreach event opportunities—City Manager Wine Island Annexation Zone 2 continuance to date certain of July 25, 2017—Assistant City Manager Newton Council Meeting Calendar June 6* Tuesday Council Business Meeting-6:30 p.m.,Town Hall 13* Tuesday Council Business Meeting-6:30 p.m.,Town Hall 20* Tuesday Council Workshop Meeting- 6:30 p.m.,Town Hall 27* Tuesday Council Business Meeting-6:30 p.m.,Town Hall July 1* Tucsday Council Bu3inc3s Meeting 6:30 p.m.,Town Hall Cancelled,4th of July Holiday 11* Tuesday Council Business Meeting- 6:30 p.m.,Town Hall 18* Tuesday Council Workshop Meeting-6:30 p.m.,Town Hall 24* Tuesday Council Business Meeting- 6:30 p.m.,Town Hall August 1* Tucsday Council Bu3incs3 Mccting 6:30 p.m.,Town Hall Cancelled,National Night Out 8* Tuesday Council Business Meeting- 6:30 p.m.,Town Hall 15* Tuesday Council Workshop Meeting- 6:30 p.m.,Town Hall 22* Tuesday Council Business Meeting- 6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk (*) °11 92 til O g L,_) ,..ri cpz N t......::, v C z `- n 7 P N y m thl r v I 47 w N WASHINGTON r; w VI in O NJ w 4 I a, p ..�.._ H F+ V N s N �{ M w �� 1J pr �., w •... ' o o a v Q toj o 07, :Ir., H. ,..1C w `- - O J, W 7 Q W W O 0 N N y r., CO -_p` F. :p [ - ', L . 0 0 N 0. : J W r �- V{ .ice ~ oo N r P N C O O p D A OAK VALLEY TER — .. -« V, U G u - LLd O p O Q rn W0stn Jr -syn S P p w y 0 V ,+n NN V a aDD a'g^ 8 ¢ oNJ o3gk ¢ a comTo 91 R X c= o ano - sqz g g p a oA` m f ,t,..--0,,,,,:_ s D �e$ t "0.... 1 om t ,, - l N I 4 AGENDA ITEM NO. 3 B - CITIZEN COMMUNICATION DATE: June 27, 2017 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please rint CONTACTED Name: r. Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address // .2-(:) .S(ti� 04,F10)-( City '(Pi C e State ZI ZL 9-t)' _Phone No. j 1C- /C) Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION 1:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 170627.doc AIS-3192 4.A. Business Meeting Meeting Date: 06/27/2017 Length (in minutes):Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Kroger, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION /ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •April 11,2017 •April 25,2017 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments April 11,2017 Meeting Minutes April 25,2017 Meeting Minutes le 11111111 City of Tigard Tigard City Council Meeting Minutes TIGARD April 11, 2017 1. STUDY SESSION COUNCIL LIAISON REPORTS - Councilor Goodhouse attended a Tigard Chamber event of about 60-70 people and spoke about urban renewal measures on the May ballot. He said the video staff prepared was very informative. He also prepared some newspaper articles about urban renewal. He and Mayor Cook attended Washington County's State of the County. Mayor Cook related some compliments the city received there from a developer regarding the River Terrace project and Council President Snider suggested he pass those along to staff who worked at a frenetic pace to move that project along. Mayor Cook said he threw out the first pitch,opening Little League season. Councilor Woodard noted that Assistant City Manager Newton needs any notes council took at the annexation meeting held last week. He said the concern he heard most related to sewers. Council President Snider said he heard requests for more phase-in time. Mayor Cook noted that he spoke with Washington County Sheriff Garrett this morning to let him know in advance that Tigard was considering annexing its islands and he was very favorable because it is difficult for them to get in to serve the islands. Administrative Items—City Manager Wine said staff has talked with the Tigard Youth Advisory Council regarding a joint outreach event with City Council and two dates are available for their cafeteria,May 24 or May 31. Ms. Wine said the Lake Oswego City Council in order to explore how a governing board would operate is attending the May 24 South Fork Water Board to observe and ask the general manager about that governance model.There is an open invitation to Tigard councilors to attend this meeting which will be from 6-7:30 p.m. in West Linn. Several council members said they plan to attend and City Recorder Krager will post a potential quorum notice. Council chose May 31 for the outreach with TYAC and staff will confirm the time. Chief McAlpine said there are many concerned citizens in the lobby tonight and she spoke with some about her own personal philosophy and experiences. She told them she was willing to attend a community meeting if they would like further dialog on sanctuary. Mayor Cook noted that she will be the featured guest at the May Fireside Chat on May 4. She met with Portland TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 11 Police who are promoting awareness of foreign-born human trafficking and viewed a new law enforcement training video they have prepared. RECEPTION FOR POLICE CHIEF McALPINE—At 7:00 p.m. council attended a reception honoring incoming Police Chief Kathy McAlpine in the City Hall Lobby. 2. BUSINESS MEETING A. At 7:34 p.m. Mayor Cook called the City Council and Local Contract Review Board meeting to order. B. City Recorder Krager called the roll. Present Absent Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ C. The Tigard Police Honor Guard presented the colors and Mayor Cook led the audience in the Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items—None. 3. ADMINS 1'ER OATH TO TIGARD POLICE CHIEF McALPINE Municipal Judge O'Brien administered the oath of office to Tigard's Police Chief Kathy McAlpine. 4. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication— None B. Citizen Communication—Sign-up Sheet. Serge Killingsworth 11855 SW James Court,Tigard, OR 97223, said shortly after buying a home in Tigard, the City announced one reason to buy here was the walkability score. He was excited about the vision,however;the walkability at his house went bad. When 115th Avenue was repaved the speed bumps were removed. The nearby residents decided they did not want them back so to satisfy some residents in the area and emergency responders, the City did not put them back. He said 115`h Avenue carries a lot more traffic that drives at faster speeds. Neighbors are lobbying for a stop sign. He has to cross the street often and TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 11 has to deal with unsafe situations. He asked if the vision extends to traffic engineering decisions such as whether or not to place stop signs or reduce or eviscerate speed bumps. These decisions seem to be made without regard to the vision. Martha Molina, 535 SW Maple Street,Hillsboro, OR, said she has been living in this city for many years. It is where she had her daughter and is where she works. In the name of thousands of workers who live in this city,women,men and children, she is asking for the city to be called a sanctuary city. She asked that council not forget the people who take care of children and retired people. She said,"We process the food and make the food that everybody eats.We clean your houses.We clean your worksites and we are a big contribution to the county and city.We love this country and are very thankful for this country. There are many reasons why we want to live in other places and other cultures. It is not easy for us." She said her kids are Americans. They love the flag of this country.They have this flag in their rooms and when they have to go back to our countries the only thing they ask for is a flag,an American flag. She asked council if they could imagine the kinds of conversations they are having now about the possibility of being deported. She said they cannot show the sadness or weakness.We talk about this matter like summer vacations. We made choices but we know what can happen. She begged the council to think of people in her shoes. She said, "We are a big part of the economy of this county." Roger Potthoff, 11710 SW Ann Street,Tigard, OR 97223, supports Tigard putting forward a resolution that it become a sanctuary city and that citizens be given the opportunity as a to fully debate the issue. Portland and Beaverton are sanctuary cities. The State of Oregon has passed a statute claiming the protections of being a sanctuary state. He said he only asks that people be given the opportunity to fully debate. He said Tigard has changed so much over the 19 years he has been here and it has changed in a remarkably positive direction. He said the community is much more diverse and different businesses located here,looking to make investments in the community,etc. He said he believes,as the person speaking previously does, that the diversity of our community makes a tremendous contribution. He said Tigard should have a full hearing on whether we should become a sanctuary city. Veronica Aguilar, 13660 SW Pacific Highway,Tigard OR 97223,thanked the council for listening. She said she has lived here 22 years and has seen a lot of changes. She said she addressed the Tigard-Tualatin School District (ITSD) on this issue last night. She is an RE Sunday school teacher at St. Anthony's and Mecha statewide president for students of color. She said she is an advocate in the community and helped with some city events last year. Her eyes were opened at the lack of support the city has on some issues. She read some of the sentences she presented at the TTSD Board last evening. "As a mother of three who has had one child graduate from this school district already, I have experienced close at hand the many positive changes that you, the school board have made to follow through on the district's mission statement, that together we build on individual and community strengths to assist families in becoming more self-sufficient and to increase successful family relationships to the school district and community. As positive changes have been made, and there is still plenty of room for improvement. Our needs as a community are not being met. Families are living in fear and this has affected relationships in the district and in the TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 11 community in a negative manner by not providing a safe zone policy and public declaration of our Tigard-Tualatin School District." She said as a Mecha statewide board president she is hearing from Mecha Latino Student Chapters in high schools in Portland and across the state that students are not feeling safe in our schools. Marie Mendoza, 9815 SW Walnut Place,Tigard, OR 97223, said she lives in a 72-unit apartment and her tenants are nice,hardworking Hispanic people. She said on February 15 ICE came to the property and picked up a few people. On February 16 she received a call from a teacher who asked her why the children from her property did not show up at school. She said it was because of what happened with their parents. They went to school on the 17th but parents asked her to pick up their children from the school bus stop because they were afraid. People are even afraid to go to the store. She asked council to do something to help them have a more comfortable life. Zachery Pursley, 14000 SW 986 Avenue, Tigard, OR 97224 read a prepared statement. He said he has lived in Tigard all his life and wanted to raise the question of Tigard becoming a sanctuary city. He said in this time of increased arrests and deportations of both undocumented and documented immigrants it is crucial that municipalities adopt resolutions assuring non-cooperation with ICE and to provide robust protections for residents. He noted that council had been given a copy of a resolution drawn up by Washco Solidarity and he called upon them to adopt a number of different measures to make sure that Tigard remains a sanctuary city for all residents regardless of immigration status. He called out particular portions of the resolution. He finished by saying immigrants,regardless of their status, are friends, classmates,co-workers and neighbors and are a vital part of the community. He asked on behalf of Washington County Solidarity Network and as a Tigardian that council do everything in their power to protect people from ICE and the radical right-wing administration. (A copy of the resolution referred to by Mr. Pursley was distributed to the Council and has been added to the record.) Erick Fletcher, 11943 SW 125th Court,Tigard, OR said he was here in support of the resolution Council just received. He said he grew up in Tigard. He shared an experience he had that was offensive and racist. He was waiting for a ride outside Joanne's Fabrics at about 10 p.m.when a police officer approached and asked how and what he was doing. He explained that he was waiting for a ride and the officer told him to be careful because there were "a lot of Mexicans in the neighborhood." He said inaction is an action which speaks a thousand words. If a public hearing is not held on this issue the council is making a position clear that not only are vulnerable members of the community not welcome or protected but the city does not even want to hear what they are worried about. He urged the council to declare Tigard a sanctuary city and cautioned that the longer this is put off, the larger, stronger and louder the ranks of concerned citizens will become. David Carlson, 5620 SW 185`h Avenue Aloha, OR, said he works with Washco Solidarity and asked for extension of the 20-minutes to testify due to massive support. He asked if council would motion to extend this time, otherwise,he would give his time to someone else. Mayor Cook replied that there are other business items on the agenda. Mr. Carlson referred TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 11 to the number of people in the room asked if the mayor was saying they would not be adaptive or be the governance that serves their community. Mr. Carlson gave his time to the next speaker. Curtis Hansani, 713 Snowden Court,Beaverton, OR said this is his seventh city council meeting representing Washco Solidarity. He said his heart and mind were full so he wanted to channel the sound of children afraid to go to school. Families are afraid to go out for groceries, take public transit or drive. They are afraid to be seen because they could be snatched at any moment. He said he has heard a lot of arguments from councils and opposition speakers but aside from upholding existing county and state law,making a sanctuary resolution matters. He said the city is not in charge of ICE nor control what they do but a sanctuary city resolution sends a message to the community. It lets a vulnerable community know that their lives, concerns and children matter. It also sends a message to the police force that you expect them to uphold state and county law. He said this is a local issue and becoming a sanctuary city will show Tigard cares about these vulnerable people. 5. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) A. AUTHORIZE HUNZIKER INFRASTRUCTURE RIGHT OF WAY ACQUISITIONS Councilor Woodard moved for approval of the Consent Agenda and Council President Snider seconded the motion. The motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse V Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 6. LOCAL CONTRACT REVIEW BOARD: CONSIDER AWARD OF CONTRACT FOR REAL ESTATE ATTORNEY SERVICES Purchasing Analyst Barrett and Central Services Director Robinson presented this item. An RFP was issued for several different attorney services and this contract is associated with real estate services and property negotiations including street vacations and easements. Staff reviewed the proposals received and heard presentations and recommends award of the contract to Jordan Ramis PC. Councilor Woodard moved to approve the contract and Councilor Goodhouse seconded the motion. The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 11 Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 7. LOCAL CONTRACT REVIEW BOARD: CONSIDER AWARD OF CONTRACT FOR LABOR ATTORNEY SERVICES Purchasing Analyst Barrett was joined by Human Resources Director Bennett for this item. Four responses were received in response to an RFP. A review team met to discuss and score each submittal. Staff recommends that Bullard Law be awarded this contract which will be used on an as- needed basis,at a cost between$365-$310 per hour. Council President Snider moved for approval and Councilor Goodhouse seconded the motion. The motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 8. LEGISLATIVE PUBLIC HEARING: MARIJUANA PLACE REGULATIONS (DCA2016- 00004) A. Mayor Cook opened the public hearing. Councilor Goodhouse recused himself from this hearing due to a conflict of interest. B. Mayor Cook announced that this is a legislative public hearing and anyone who signed up to speak can testify. C. Associate Planner Kowacz gave the staff report. In October 2016 council asked staff to revisit place regulations for marijuana businesses. Assistant Community Development Director McGuire said options were presented to the Planning Commission based on this direction and they reviewed the video of council's discussion last fall. Options presented were a starting point and their consideration was open to any other thoughts and ideas. The Planning Commission discussion was somewhat of a surprise given their previous regulation recommendations but there has been turnover among the members. They seemed fairly persuaded by the public testimony at the hearing. TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 11 Mayor Cook asked if they had been provided with the minutes from the previous Planning Commission meeting where this was discussed. Mr. McGuire said they were not. Associate Planner Kowacz said staff was asked to look at the place regulations and seek input from the City Center Advisory Commission,Tigard Downtown Affiance, the downtown business community and the development community. Several members of the downtown business community and the CCAC attended the hearing. The CCAC did not reach a consensus but there was a slight majority in favor of allowing marijuana businesses downtown. Concerns included the proximity to the heritage trail and plaza,making sure that the downtown has a good mix of businesses,the need for an anchor store, and the concentration of"over 21"businesses in one location. They recognized the need for the city to treat all businesses fairly. There were concerns that the façade and design of marijuana business might not fit into the downtown. They were also concerned about the inability to point to a specific policy or code restricting a specific type of retail use. Staff contacted three developers and got a response from one. They said they would be reluctant to lease to a marijuana business due to the uncertainty of federal policy and bank financing. They also said the perception of marijuana businesses was worse than the reality and that they would not be deterred from pursuing a good project in proximity to a marijuana business. Associate Planner Kowacz said staff presented four options for Planning Commission consideration. Option 1 —keep existing regulations, Option 2—remove frontage requirements along Highway 99W, Option 3—Same as Option 2 but also allow marijuana businesses in the downtown and Option 4—removing the 99W frontage requirement, allowing it in the downtown and removing the downtown park buffer. Key points from the discussion include that the potential for tax dollars should not be a considering factor and allowing these businesses conflicts with the goal of providing a family-friendly downtown. There were aesthetic concerns with barred windows and darkened doors and windows. There may not be a need for an additional marijuana retailer since one liquor store serves the entire city. Lastly,it may be too early to know whether Tigard's current regulations are deficient in any way. Ms. Kowacz said 15 citizens testified at the hearing; five in favor of expanding regulations and ten in favor of maintaining current regulations. The Planning Commission made two motions. Option 1 passed unanimously and for Option 2, two commissioners were in favor and six opposed. D. Council Questions Mayor Cook said there were different interpretations about what was sent back to the Planning Commission. He referred to commissioners voting on different options where three of the four cut out the frontage requirement on 99W yet he did not remember council TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 11 directing that even is looked at. He said he has not heard any councilors say they opposed that requirement. He said if he was a planning commissioner it would have been easy to choose Option 1 simply because it did not remove the requirement to face Pacific Highway. Assistant Community Development Director McGuire said it was not the restriction to face Pacific Highway;it was the regulation to allow such businesses only along Pacific Highway that the Planning Commission was considering. Mayor Cook said it was confusing as to what that meant,how the building faces or where the building can be. Mr. McGuire said the commissioners understood what the point of the regulation was. Mayor Cook noted that when the marijuana business regulations came to council the first time, they had voted 7-1 to allow them on Pacific Highway or Main Street. Council ended up removing Main Street. E. Public Testimony—Mayor Cook called on those signed up to speak. Bill Widmer, 11509 Juanita Drive NE, Kirkland,Washington, said he was filling in for his brother tonight who lives in Oregon and runs their Oregon business. He said he is the chief executive and works for their investment and management company named Kaleafa. He said they originally leased a building in downtown Tigard on Main Street off of the original zoning prior to it being finalized. The idea then was that the city would have at least seven marijuana stores. Three years have gone by and there is currently one store in Tigard. He said they are not stuck in their lease and could have gotten out of it or leased it to others many different times. But they got to know the city staff such as Redevelopment Project Manager Farrelly and Economic Development Manager Purdy as well as business owners in the downtown and came to understand the renaissance that Tigard is striving for. They wanted to become a part of that so they held onto the property and want to play their part through the political process to see if council could change some perceptions. He addressed some objections: 1) Families,Kids and Marijuana—He and his brother are heavily involved in their son's sport activities and they parents they meet at barbecues, etc. know what they do. He said he considers himself a steward for the industry and knows that eyes are on them and a lot is at stake. Not allowing this product to get into the hands of people younger than 21 is something he takes seriously. He said although the product has been legal for a few years in a few states but there are zero studies that conclude that the presence of a retail marijuana store increases the use of marijuana among children.That is a big objection but there is not much to it. 2) Development of Tigard's downtown—They would build a beautiful store that would bring in a lot of people. This should be a strong consideration. Three stores are open and three under development and last month paid roughly$300,000 in marijuana taxes. Mr. Widmer also observed that only having one store in Tigard means customers have to pay more for product because there is no competition. TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 11 He asked council to give consideration to allowing it in the downtown. They believe in the city and want to be part of the business community and make a contribution. They want to improve the building they are in and build a beautiful store. He said he appreciated the opportunity to be heard. Marie Watkins, said she lives in Wilsonville but works at 6960 SW Sandberg Street,Tigard, OR 97223, and is a certified prevention specialist for the school district and prevention coordinator and director of Tigard Turns the Tide Coalition and the Tigard High School STUDD program (Stop Tigard Underage Drinking and Drug Use). She advocated for the current marijuana dispensary regulations remaining in place. Ms.Watkins said downtown Tigard is a beautiful place and she believes that the city wants it to be as family-friendly as possible. She asked council to think of what is within walking distance of downtown such as parks and some schools, and of activities occurring there on a regular basis such as Saturday and Sunday markets which families with small children attend. Allowing dispensaries in plain sight creates a social norm that marijuana use is acceptable. She quoted a SAM (Sensible Approaches to Marijuana) report which said despite medical and recreational marijuana being banned in 68 percent of counties in Colorado,there are still a total of 940 marijuana businesses,more than Starbucks and McDonalds combined. She referred to Mr. Widmer's previous comments on making the store look nice but asked who the stores are being advertised to. She distributed a map indicating in red how many are within driving distance of Tigard and in green indicating school locations. She noted the Herbary is less than one-half mile of Westside Christian High School. She said regardless of whether or not they are in the TTSD,they are high school students in our community and are "our kids."CDC Dispensary is within less than one-half mile of Metzger and is well within walking distance of Westside Christian. She noted several schools within five miles of dispensaries. Anna Billings, 12020 SW Burlheights Street,Tigard, OR 97223 and Katrina Yen, 6770 SW Taylors Ferry Road,Tigard, OR 97223 are juniors at Tigard High School and members of the STUDD program. Anna said she was in favor of Option 1 and not changing regulations. She said she wants to make the community a better place and reduce drug use in schools. Opening more shops will not help with that. Brian Bergmann, 11180 SW Hall Boulevard,Tigard,OR 97223, said he was born and raised in Tigard. His Uncle Floyd was the mayor at one point. He has set up three dispensaries,in Seaside,Monmouth and Newberg. He said he is not planning on opening a dispensary in Tigard but does think they should be allowed to do business here. More than one shop creates cheaper prices. He noted high prices and long waiting lines at Chalice in King City. He said a new shop is going in behind the oil change business on Pacific Highway and while marijuana use has a lot of stigma, that is changing. He mentioned that it benefits many people who chose to use it for pain rather than opiates. He said it is up to adults to educate children not to use it. He has been in many stores and safety is a priority. Identification is checked and minors are not allowed. Mr. Bergmann said he supports expanding the regulations. TIGARD CITY COUNCIL MEETING MINUTES-April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 11 F. Mayor Cook closed the public hearing. G. Council consideration: Councilor Anderson said he appreciates the entrepreneurship of the store owners and the activity it might bring but he is in favor of keeping to what the Planning Commission recommended. He said, "We are trying to attract commercial developers. It is critical that we have a place where everyone feels welcome." He noted that he sees pushback from citizen emails. Councilor Woodard said his earlier concern was distance from active parks (and wanted a way to define activated parks) and while it would be a challenge, he was open to a community discussion on distance from neighborhood parks. He was less concerned with trailheads,linear and pocket parks. He said he is more concerned about keeping it from areas where young people and families gather. He said nothing else needs to change about the laws. Council President Snider said he has wrestled with this topic. He felt this does not stymie competition because it is not like there are no other opportunities. Pacific Highway is a long road transecting the city. He noted that encouraging competition is not the main priority for council. He said what the downtown businesses and the CCAC think is very important and the city will need to look at expanding what is allowed but now is not the right time and he is not sure downtown is the right place. Councilor Woodard added that he was in agreement about keeping the downtown a family- oriented environment that everyone worked so hard to achieve. He said he does not want to legislate people's activities and added that he is an advocate for reducing opiates in pain reduction. But he wants downtown to be a healthy and happy place and cannot support it in the downtown now. Mayor Cook said he had statements to make on both sides. He agrees there is a stigma presently but felt it will change over time. He referred to the concern that downtown be family-friendly but noted there is already a liquor store, smoke shop,gun store,bars and locations selling Oregon lottery tickets. He said saying another business cannot be located there is not right and asked, "How can that be when you have all these others?" He referred to LaGrande, Oregon which has two marijuana businesses which have not only been very productive but the owners have been active on their downtown committee.There are no issues and they support other downtown businesses. Mayor Cook continued,'When a competitor is out spinning a sign for$5 joints it makes it hard for anyone to get past. Peer pressure might make this happen next door." He referred to Mr.Widmer's earlier testimony and said he agrees that he would fit in and be a great addition to the TDA. However,he spoke to six downtown business owners and got six negative responses. He said he received no neutral responses;they were all nos. He suggested looking somewhere else in the city, such as Sequoia Parkway,but added that it is hard to keep this business out of downtown when there are all the other things there. He said it may not be the time to allow it downtown yet. TIGARD CITY COUNCIL MEETING MINUTES-April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 11 Council President Snider asked about the process and questioned whether the council had to vote to maintain something that is already law. City Attorney Rihala said because it came to Council as a Planning Commission recommendation Council should take action on it. Councilor Anderson moved to recommend Option 1 as presented by staff,which is to keep the existing regulations for marijuana facilities as provided in Chapter 18.735. Councilor Woodard seconded the motion. No further discussion was held. City Recorder Krager conducted a roll call vote. Yes No Mayor Cook ✓ Councilor Goodhouse (recused) Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook announced that Ordinance No. 17-06 was adopted. 9. NON AGENDA ITEMS—None 10. EXECUTIVE SESSION—Moved to April 25,2017. 11. ADJOURNMENT—At 8:49 p.m. Council President Snider moved for adjournment and Councilor Woodard seconded the motion. The motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard V Councilor Anderson ✓ Carol A. Krager,City Recorder Attest: John L. Cook,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 11 of 11 14 a City of Tigard Tigard City Council Meeting Minutes T I GARD April 25, 2017 IE 1. STUDY SESSION Council Present: Mayor Cook, Councilor Goodhouse, Councilor Woodard, Councilor Anderson and Council President Snider Staff Present: City Manager Wine,Public Works Director Rager, Community Development Director Asher, City Engineer Faha,Assistant City Engineer McMillan,Assistant Finance Director Isaksen and City Recorder Krager A. EXECUTIVE SESSION At 6:30 p.m. Mayor Cook read the citation for an executive session called under ORS 192.660(2) (f) —exempt public records. The Executive Session ended at 7:27 p.m. B. COUNCIL LIAISON REPORTS—None were given due to length of Executive Session. 2. BUSINESS MEETING A. At 7:35 p.m. Mayor Cook called to order the Tigard City Council and Local Contract Review Board meeting. B. City Recorder Krager called the roll. Present Absent Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider V C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook asked if there were any Non Agenda Items. None TIGARD CITY COUNCIL MEETING MINUTES -April 25 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 13 3. CITIZEN COMMUNICATION A. Tigard High School Student Envoy—Associated Student Body President Lauren Brown gave a report on Tigard High activities. They hosted incoming freshmen,gave school tours and invited them to be involved with leadership. High school leadership interviews will be held next week. Mecha held a statewide leadership conference which was a huge success. The current play is Charlie and the Chocolate Factory at the Deb Fennel Auditorium. B. Tigard Area Chamber of Commerce—Chamber CEO Mollahan discussed the Leadership Tigard media day where they learned about target markets and how to communicate with them through social media and press releases. May 9 is the last day for Leadership Tigard 2017 and graduation is on May 23 from 5-6:30 p.m. at Broadway Rose Theater.The Shining Stars banquet will be on April 28. The Tigard Farmers Market opened on April 23. She announced the launch of a new Thursday Market at the Tigard Heritage Trail Plaza, soon to be the Rotary Plaza, from 4-8 p.m. starting June 1. This market helps with placemaking for the plaza,helps to revitalize downtown Tigard and reinforces the vision of a walkable city. Council President Snider commented that he attended the opening day of the Tigard Farmers Market and enjoyed seeing it get underway. C. Follow-up to Previous Citizen Communication—None. D. Citizen Communication—Sign-up Sheet. Mayor Cook announced that there will be 20 minutes for people who have signed up to speak on something not on the agenda. He went over some groundrules and requested that the audience be polite and respectful to each other. He said he will choose speakers that live in Tigard first,as was the practice at the last business meeting where everyone listing Tigard as their address got a chance to speak. He said speakers would be allowed 90 seconds rather than 120 seconds so more people could have an opportunity to speak. Lea Williams, 12129 SW Anton Drive,Tigard, OR 97223 gave a report to council that said sanctuary cities have higher crime rates. She said we are a nation of rule of law and without them there is chaos. Her great-grandfather came through Ellis Island where he was vetted for health, occupation, and a location to go to. She said growing up in Nebraska she saw migrant workers who had work permits and could come into the country legally,without using the dangerous services of a coyote to cross the border. They could not be threatened because they had permits to be here. They did the work,left and came back the next year. She said with all the wonderful people that cross the border there is an element that are murderers, drug dealers and gang members. The safest time to return them to Mexico is when the police pick them up and turn them into the federal agents. If the agents have to go out into the community to look for people, the ones that are endangered the most are Spanish citizens. She said she does not want people to get hurt. She noticed clergy were present and said she wanted to know what denomination they represented and whether they receive money from immigration. TIGARD CITY COUNCIL MEETING MINUTES —April 25 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 13 James Elstad, 12505 SW North Dakota,Tigard, OR 97223, said sanctuary city status puts all law abiding citizens,residents and illegals at risk. He asked if the city would be responsible because of an attempted arrest or release causing someone to be injured or killed. He said Tigard residents should speak for themselves. He has been at other council meetings where people allowed someone else to speak for them. He asked council to give less weight to the opinion of someone who is not a Tigard resident and has a habit of going from city council meeting to city council meeting pushing their agenda. Cleon Cox, 13580 SW Ash Avenue,Tigard, OR,has been a resident for the past 32 years. He voiced his opinion against the city taking on city sanctuary status. He said he is going by what he reads in the newspapers and hears on the news. This is a country of laws and he feels it is very important that it continue to be that way. He said he follows the laws because he does not want to be incarcerated or fined. We need to do things legally. There are other ways to go about this. The Tigard-Tualatin School District has a proposal that will accommodate questions from students but not to take on the sanctuary status. Mr. Cox said it is dangerous for us to start breaking laws because that turns into anarchy and possible chaos. Joe Jumalon, 14425 SW 93rd Avenue,Tigard OR 97224, said there is a lot of fear going around. He asked, "If I do not want to pay my federal taxes who amongst you do I talk to? Because they are coming to the city of Tigard to ask for sanctuary from federal law. So who amongst council has that authority so I don't have to pay my taxes anymore?" He asked, "Who amongst you has the authority to tell the police department which laws to enforce and not enforce?" He said when people are elected it is expected that they will enforce our laws. Former Governor Kitzhaber decided he would not enforce the death penalty. He said he does not think office holders are elected to decide which law they deem reasonable or not. This is anarchy. In Portland there are people carrying signs and doing millions of dollars of damages because an election didn't go their way. He said he hoped council looked at this and decides not to go against laws. There is a proper way to amend laws and this isn't it. [At this point Mayor Cook reminded the crowd he expects them to be respectful to the speakers and said if that is not upheld there are processes within the code to address the behavior,including removal.] Tim Esau, 12247 SW 114th Terrace,Tigard, OR 97223,is a 30-year Tigard resident. He has been involved with many aspects of the city and cares a lot about Tigard. He asked council not to go forward with any kind of declaration of a sanctuary city because he did not believe there is sound cause or foundation for it. It encourages illegal immigration and is unfair to legal immigrants who want to come into this country properly. He said it also puts a cost on residents in terms of the extra burden placed on police, fire and other things. It promotes crime and jeopardizes citizens. It puts the police in risky situations. They should not be defying federal law. Our form of government pre-supposes fidelity to the law even if we disagree with it. He asked that council represent him as a citizen and do not move forward with declaring Tigard a sanctuary city. TIGARD CITY COUNCIL MEETING MINUTES - April 25 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 3 of 13 Susan Pfahl, 11985 SW Carmen Street,has lived in Tigard for 30 years. She does not want Tigard to designate itself as a sanctuary city. For immigrants here legally with the appropriate visa,welcome! Immigrants bring their energy,intelligence and skills to make our nation better and for that we thank them. The United States of America is a nation of laws. Our society is founded on following them. If someone has chosen to come illegally,what other laws will they choose to ignore. She said she cannot ignore any law without a consequence and asked, "Why should Tigard create a special subclass that is able to ignore certain portions of our law. People coming here illegally create an underclass of people who cannot fully participate in our society or economy. This is not a racist stance. No matter where anyone is from,be it Latin America,Africa, or Canada, they are here legally or illegally. People need to be here legally and obtain the appropriate visa, follow the rules, or leave the United States. She said, "Do not designate Tigard as a sanctuary city." Salvador Castaneda, 9815 SW Walnut Place,Tigard, OR 97223 said he found it interesting that community members living here for so long find this as a nation founded on laws. He said people forget that this nation began as a massacre of people indigenous to this continent. No one is illegal. He asked, "How far do you want to go back and start that illegal label?" He said declaring Tigard a sanctuary city would not change anything other than to give assurance of safety and peace of mind. He said we are already in a sanctuary state and it is only right for the city to show the community it is behind them, no matter where they are from. Not doing this shows them that you are not with everyone just because they are born somewhere else and came here looking for a better life. Not all illegals are criminals because being illegal is a civil issue;it is not a criminal issue. Elizabeth Strilky, 610 SE Hawthorne,Portland, OR said she is here to say Tigard should become a sanctuary city. No human being is illegal and no human being should be afraid to go about their businesses or go to school. She had a friend in high school that got put in the foster care system because her parents were undocumented. This costs the state and the city money. People are put in jail because they were born in another country. She asked, "Who do we take out next?People of color?People with different political views?"An injury to one is an injury to all. We need to let everyone stay and respect everyone's right to life here in Tigard. Please show love. Samuel Alarid, 9800 SW Frewing#42,Tigard, OR 97223, said he has lived here for five-six years and said there is a lot of fear going around. People are afraid to come out of their homes. Children are afraid of their families breaking apart because of what is happening in the political realm. Declare this a sanctuary city because you do not want people living in fear. People do bad things when they are always afraid. He said he will be affected by what will happen if Tigard does not declare itself a sanctuary city. We need to make sure people who live here and work and pay taxes feel safe. Roger Potthoff, 11710 SW Ann Street,Tigard has been a Tigard resident since 1999,and is pleased to speak in favor of a sanctuary city regimen here in Tigard. It is important to understand that sanctuary city is undefined legally and a court case upheld the injunction of San Francisco and Santa Clara County where federal funds could not be withheld because TIGARD CITY COUNCIL MEETING MINUTES -April 25 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 4 of 13 "sanctuary city"is not defined. Consequently, the concerns about financial impacts to sanctuary cities are unfounded. The State of Oregon is a sanctuary state and an ORS provides that there will be no exchange of information regarding immigration status in police activities. Jennifer Teshera, 13300 SW Benish St.,Tigard, OR said she is in the middle. She said she loves people and her number one concern is for the police She expressed concern for the police and the extra stress. She said she is involved with the CERT group (Community Emergency Response Team). Dorothy Cottingham, 13049 SW Brianne Way,Tigard, OR 97223,is the Pastor of Christ the King Lutheran Church at the corner of Bull Mountain Road and Highway 99W. She said she is part of a group of Tigard area pastors here tonight accompanying some of Tigard's most vulnerable neighbors. She said they support this council's discussion concerning sanctuary city status. It is not easy but they urge council to move forward in spite of the executive order to withhold federal funds from cities with sanctuary status.There is a temporary ruling that halts this. She asked that Tigard courageously join Portland, Beaverton,Hillsboro and others to stand for the dignity and safety of all residents. She said they ate here to support the council in making the community welcoming for everyone. Art Crino, 14580 SW 126th Avenue in Tigard has lived here for 50 years. His parents came from Italy through the normal channels. Every year millions come through those channels plus millions of others come on various visas. He said he found early in life that he did not have the latitude of only following the laws he favored. There were consequences. By the same token he encouraged the City of Tigard to reject the sanctuary city designation. There are people inside and outside of the federal government who are working to get rid of the local police. He asked that Tigard not flirt with that. Hitler took advantage of that and we ended up with the gestapo. He said that is why many are active in the Support your Local Police Committee. Gary Blodgett, 10942 SW Black Diamond Way,Tigard, said he has lived here for 38 years and is concerned about criminals here illegally and are not deported because of their status of being a felon. Felons here illegally should not be here and should face justice and removed from the country. He said he does not want his grandchildren to be under a threat because people are here illegally as criminals. He said he was not speaking about undocumented people,just criminals. Patrick McGuire, 10970 SW Durham Road,Tigard,97224, said he has been meaning to get more involved in local government. He said he attended the last city council meeting where this was discussed and he has been studying the issue. He is supportive of Tigard as a sanctuary city because the State of Oregon, since the 1980s has not required state and city police to support immigration laws.This resolution is symbolic and symbols matter. It is the right thing to do. This would communicate that vulnerable residents are part of our community. TIGARD CITY COUNCIL MEETING MINUTES - April 25 2017 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 13 Carmen Garnica, 11350 SW Greenburg Road,Tigard, OR 97223,has lived here for many years. She is a community member who cares about the wellbeing of citizens and supports Tigard voting to become a sanctuary city. We want a place that offers safety for all its citizens and she does not want her community to live in fear. They work and play here and children should feel safe and not live in fear that they may not see their parents the next morning. D. Follow-up to Previous Citizen Communication— Mayor Cook read the City of Tigard Statement of Unity which was added to the packet for this meeting. Copies were available at the front of the room. 4. CONSENT AGENDA: (Tigard City Council) — A. APPROVE CITY COUNCIL MINUTES: • March 21,2017 • March 28,2017 B. PROCLAIM MAY 17-21 AS EMS (EMERGENCY MEDICAL SERVICES)WEEK C. PROCLAIM MAY AS BIKE MONTH D. PROCLAIM MAY AS PLAY BALL MONTH Councilor Woodard moved for approval of the Consent Agenda. Council President Snider seconded and the motion passed unanimously. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook thanked Tualatin Valley Fire and Rescue and Metro West Ambulance representatives for coming to the meeting. 5. RECEIVE ANNUAL ARBOR DAY REPORT AND TREE CITY USA AWARD This item was rescheduled to the May 9, 2017 agenda. TIGARD CITY COUNCIL MEETING MINUTES -April 25 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 13 6. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENT TO TIGARD MUNICIPAL CODE CHAPTER 7.52 A. Mayor Cook opened the public hearing. C. Economic Development Manager Purdy gave the staff report. He shared a report about amending the municipal code and repealing a prohibition created about ten years ago. The request is to allow alcohol consumption in public parks in the downtown (urban renewal district.) Several public parks in the urban renewal district could be used in the future for street festivals, fiestas and the Taste of Tigard food festival where alcoholic beverages could be used as part of an event featuring local businesses. The current ordinance also prevents businesses near the Heritage Trail for example,to serve alcohol to their patrons in the future if desired,in the area adjacent to their business. This would keep customers from making purchases. Ten years ago we did not see downtown as we do now— an active social gathering place. There is a letter of support for this change from the City Center Advisory Commission. It will be added to the meeting packet. D. Mayor Cook called on those who have signed up to speak. City Center Advisory Commission Chair Carine Arendes,9544 SW North Dakota Street, Tigard, OR 97223 said the CCAC wants downtown parks to be treated the same way as other city parks. She said they want to have them be public gathering spaces that can be activated, especially in the summer. Lea Williams, 12129 SW Anton,Tigard, OR 97223 said Tigard is a family community and keeping it that way is the reason why there is no public consumption of alcohol allowed in the downtown area. She said children can come there and not be exposed to things. There are plenty of other places for adults to go. She said she thought there would be many people speaking this way if they had known it would be considered tonight. She recommended keeping the law as it is. E. Economic Development Director Purdy thanked the residents who testified and said both sides had good points. He said in almost all city parks, families can come and enjoy a glass of wine or beer. This prohibition is only in the downtown so we have been treating downtown parks differently. It is time to reconsider this. He said a permit from the City Manager and Police Department is required for anything beyond a personal use. This will still apply. He said this is an option the city may want to have. He said downtown Tigard is becoming a cultural and social"living room" and this may be an option we want to have. F. Council Questions of Staff Councilor Goodhouse asked if the permitting process is similar to the Tigard Festival of Balloons where there is a designated alcohol area. Mr. Purdy said that would depend on the TIGARD CITY COUNCIL MEETING MINUTES —April 25 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 13 event and OLCC could be asked for a license for open containers within a certain defined area or confined to a smaller segment, such as a beer garden. Mr. Purdy verified that this would follow OLCC rules. He said a coffee shop next to a public park, for example, could be allowed to offer beer if this is something they want to do someday. Patrons would not be able to sit outside on one of the street benches and drink. But this would allow them to activate a nearby park or plaza. Mayor Cook offered some history on the current law which was put into place due to issues with vagrants drinking in the downtown. He said some of the previous issues have been solved with better lighting,etc. He noted that it is allowed in every other park. He said the city has added parks since the law went into effect. Mr. Purdy said the legislation did not list park names in the urban renewal district because the list will grow and there may even be a restaurant where they want to serve beer. He added that whatever the city does with this ordinance, OLCC laws must still be followed. F. Mayor Cook closed the public hearing. G Council Consideration of Ordinance No. 17-06 Councilor Woodard noted that beer gardens are part of fun events in the parks. He said he understands wanting to activate the downtown parks and wants the standard applied equally and fairly to all parks. He said he did not have too many concerns and noted that downtown is a different place than when he was a child growing up in Tigard. Councilor Anderson said has no problem with it and thought it would help create new events downtown. He suggested watching the situation and scaling back if there are issues. Councilor Goodhouse was in favor of allowing alcohol but wants it limited to permitted events and specific areas. He noted that council discussed not allowing marijuana in parks and it seemed odd that alcohol could now be allowed. Council President Snider asked if the Tigard Downtown Alliance had weighed in. Councilor Anderson said he did not see anything from them. City Attorney Rihala said OLCC laws require that any time liquor is available for sale or there is a charge for admission,there must be a state permit for it. There are also laws for sales in restaurants. The requirement in this code said not only that the licensee comply with the city code but also the state licensing. Councilor Goodhouse moved to approve Ordinance No. 17-06 limited to the OLCC laws and not opening it up for personal use unless within a restaurant or permitted event. Mayor Cook noted that it is legal now to consume in a park. City Attorney Rihala said that a significant amendment would require continuing the discussion at another meeting. The motion died for lack of a second. TIGARD CITY COUNCIL MEETING MINUTES - April 25 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 8 of 13 Councilor Woodard moved to approve Ordinance No. 17-06. Council President Snider seconded the motion. City Recorder Krager read the number and title of the Ordinance. Ordinance No. 17-06,AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE SECTION 7.52.100 TO ALLOW POSSESSION, CONSUMPTION AND SALE OF ALCOHOL IN PUBLIC PARKS IN URBAN RENEWAL DISTRICT THROUGH A CITY PERMIT City Recorder Krager conducted a roll call vote. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced that Ordinance no. 17-06 passed by majority vote. 7. CONSIDER ADOPTION OF BYLAWS FOR THE TASK FORCE FOR THE HOMELESS Senior Management Analyst Wyatt and Engaging Local Government Leaders (ELGL) Fellow Thesing gave the staff report. In 2016 Tigard's council had a goal related to the homeless and held discussions on the issue and what resources exist. Out of those conversations came recommendations such as a mailbox,and a Luke Dorf outreach worker to help individuals at the library. Leadership Tigard chose homelessness as their community project. A recommendation was made to formulate a task force and develop bylaws. Ms.Thesing shared the proposed bylaws. She noted that initially the task force membership was limited to only those living and working in Tigard. They propose striking that in the interest of forming a well-rounded pool of members with a variety of experiences. Ideally, the task force will produce a report with recommendations for short-and long-term actions. There should be cost estimates and a scope of work for feasible solutions. Mayor Cook noted that he was in favor of taking out the requirement to be a Tigard citizen to sit on the task force. He said he was also not in favor of term limits and asked, "If someone is passionate and involved,why limit their service?" Council President Snider agreed. Councilor Goodhouse added that this is a short duration group so term limits may not even apply. Mayor Cook recommended removing the mandate on how often they will meet. Senior Management Analyst Wyatt said the bi-weekly wording was just to give people an idea of what commitment may be required. Councilor Woodard suggested the board members meet first and decide together the frequency of meetings. TIGARD CITY COUNCIL MEETING MINUTES -April 25 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 9 of 13 Mayor Cook said Councilor Anderson is the liaison to this task force. He asked Senior Management Analyst Wyatt about the timeframe and he responded that staff would like to start advertising for task force members immediately. He said they will make the amendments as suggested by council. Councilor Snider moved to adopt the Task Force for the Homeless Bylaws as presented with the following amendments: remove requirement for city residence, striking term limit language and changing the time requirement to more flexible language. His motion was seconded by Councilor Anderson. The motion passed unanimously and the bylaws will be on a future consent agenda. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ 8. CONSIDER APPROVAL OF RESOLUTION FOR THE FY 2017 THIRD QUARTER BUDGET Finance and Information Services Director LaFrance and Public Contracts Manager Barrett gave the staff report on this item. Mr. LaFrance noted how this supplemental budget ties to the 2018 budget discussions. The slow degradation of service as costs outstrip revenues can be seen with this third quarter supplemental. Due to the number of years with low staff in the IT division the city did not keep up with licensing requirement paperwork. Addressing this software license situation now will save the city from larger fines. Staffing increases include increasing a utility billing clerk from 32 hours to 40 hours and hiring another which will be paid for by the growth in customers. Public Works engineering staff need help to keep up with city water projects,primarily Cach Reservoir which has been accelerated by River Terrace development. This is paid for by sources outside the general fund. Four additional FTEs are recommended to keep up with service demands in the library,grounds maintenance and human resources. Councilor Goodhouse asked about the police vehicle and why everything was not covered by insurance. Mr. LaFrance said they have special after-market equipment and it is also due to the way it is paid. There will be insurance revenue coming in but the city has to appropriate it to spend it. Councilor Goodhouse moved to approve Resolution No. 17-21. Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. TIGARD CITY COUNCIL MEETING MINUTES — April 25 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 10 of 13 Resolution No. 17-21 — A RESOLUTION TO ADOPT THE FY 2017 THIRD QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO PUBLIC WORKS,POLICY AND ADMINISTRATION,AND COMMUNITY SERVICES Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook V Councilor Goodhouse ✓ Council President Snider V Mayor Cook announced that Resolution No. 17-21 passed unanimously. 9. LOCAL CONTRACT REVIEW BOARD: CONSIDERATION OF A CONTRACT AWARD TO WALLIS ENGINEERING Purchasing Manager Barrett and Economic Development Manager Purdy gave the staff report. These contracts are for the Hunziker infrastructure project. State, federal and regional grants are funding this project.The QBS process was used to select the firm and Wallis Engineering is the recommendation of staff.A price was negotiated and the contract cost is $480,583. It is budgeted through the current Capital Improvement Plan (CIP) and will be reimbursed through an EDA grant, developer contributions and state funding. There were no questions from council. Councilor Woodard moved to approve the contract award to Wallis Engineering. Councilor Anderson seconded the motion and it passed unanimously. Yes No Councilor Woodard I Councilor Anderson V Mayor Cook ✓ Councilor Goodhouse V Council President Snider V 10. LOCAL CONTRACT REVIEW BOARD: CONSIDERATION OF A CONTRACT AWARD TO ALTA Purchasing Manager Barrett and Economic Development Manager Purdy gave the staff report. Mr. Barrett said this contract is for design and construction administration services for the Tigard Street Heritage Trail. He noted that landscape architects are specifically excluded from the QBS process so the city advertised a regular request for proposals and received two responses.After reviewing those staff recommends the contract be awarded to Alta. The amount is $200,000. Council TIGARD CITY COUNCIL MEETING MINUTES — April 25 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 11 of 13 President Snider moved to approve the contract with Alta and Councilor Anderson seconded the motion. Motion passed unanimously. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ 11. RECEIVE UPDATE ON ISLAND ANNEXATION PROCESS Assistant City Manager Newton and Confidential Executive Assistant Bengtson gave the staff report for this item. The city is annexing nine islands. An outreach meeting for island residents was held on April 5 and four city councilors attended. She heard interest and is following up with some questions. Mayor Cook asked if a condition can be added that says they do not have to hook up to sewer until they sell their home. Ms.Newton said it has been a fun project and people were very positive about the outreach. Postcards will be sent to those the city has not yet heard from. If they still do not call the city, staff will put out door hangers. Councilor Goodhouse commended staff on the April 5 event. Mayor Cook and Councilor Woodard echoed the compliments and said the city is engaging the community in a different way than was done in the past. Ms. Newton said one of council's goals was to annex the remaining islands and the outreach message may not be as difficult as originally imagined. Councilor Goodhouse asked about the address labels that were part of the packet. Ms.Newton said they show the 77 people contacted. Mayor Cook said it is a public record and advised that just the names be listed in the future. Ms. Newton said the public hearings will be held on June 27,2017. Council thanked them for the update and Mayor Cook advised them to,"Keep up the good work." 12. EXECUTIVE SESSION None scheduled 13. NON AGENDA ITEMS TIGARD CITY COUNCIL MEETING MINUTES — April 25 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 12 of 13 14. ADJOURNMENT At 9:26 p.m. Councilor Goodhouse moved for adjournment. Councilor Anderson seconded the motion and it passed unanimously. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider V Carol A. Krager, City Recorder Attest: John L. Cook,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES -April 25 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 13 of 13 AIS-3120 4. B. Business Meeting Meeting Date: 06/27/2017 Length (in minutes):Consent Item Agenda Title: Proclaim Park and Recreation Month Prepared For: Joanne Bengtson, City Management Submitted By: Joanne Bengtson,City Management Item Type: Update,Discussion,Direct Staff Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Mayor Cook proclaim July as Park&Recreation month? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY Tigard Park&Recreation Coordinator Anthony Markey requested a proclamation in support of their work with the community. OTHER ALTERNATIVES Not issue the proclamation. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Council Goal#2 is aimed at expanding recreational opportunities for the people of Tigard. DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first year Mayor Cook has considered this proclamation. Attachments Park&Recreation Month fr , k a .1 t A, ; , } i it'd ifiel.• . 4. , Ai 4 4izi://„Awhi. . 4 , ' :: , A atyafTi Park and Recreation Month F ""``WHEREAS, parks and recreation programs are an integral part of the Tigard community; and WHEREAS, parks and recreation opportunities are important to establishing and ' maintaining the quality of life in Tigard and contributing to the general well-being of t our residents; and WHEREAS,the Tigard City Council established a goal in January to expand recreational opportunities for the people of Tigard;and WHEREAS, park and recreation programs build healthy,active communities and serve the needs of people of all ages and abilities; and WHEREAS, park and recreation programs increase a community's economic prosperity through increased tourism,the attraction and retention of businesses, and , employment;and !,`t(i WHEREAS,Tigard's parks and natural recreation areas ensure the ecological " ,i':: beauty beauty of our community is maintained with improved water quality,smart development and preservation of wildlife habitat;and = _ 1115 WHEREAS,Tigard's Park&Recreation programs served more than 10,000 people or. / ;!;� in 2016 through special events and adventures; and *` y, llfM ' WHEREAS,the U.S. House of Representatives has designated July as Parks and ' Recreation Month and Tigard recognizes the importance of providing a place for .,f children and adults to connect with nature and have fun outdoors. NOW THEREFORE BE IT RESOLVED THAT I,John L.Cook, Mayor of the City oftiv Tigard, Oregon,do hereby proclaim July as Park&Recreation Month and encourage ' all citizens to get outside and have fun! Dated this day of ,2017. ' .R y IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the r.i City of Tigard to be affixed. i I John L. Cook, Mayor City of Tigard Attest: City Recorder �',--.:-‘1 ,! , R AIS-3138 4. C. Business Meeting Meeting Date: 06/27/2017 Length (in minutes):Consent Item Agenda Title: Proclaim 20th Anniversary of Middle of Millen Drive Parade Prepared For: Joanne Bengtson,City Management Submitted By: Joanne Bengtson,City Management Item Type: Receive and File Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Mayor Cook issue a proclamation recognizing the 20th anniversary of the Millen Drive Independence Day parade? STAFF RECOMMENDATION / ACTION REQUEST n/a KEY FACTS AND INFORMATION SUMMARY Every year since 1997,a group of neighbors adjacent to Tigard High School has joined together to host a small parade for friends and family to celebrate Independence Day. That parade has grown to include current and past neighborhood residents who return each year to watch or march in the parade and celebrate with friends. Parade organizer and promoter Carol Gifford invites participation from representatives across the county-Tigard Police,TVF&R fire personnel,Washington County Sheriff Mounted Patrol, the Metro/Oregon Zoo,Boy Scouts,the local karate academy and elected officials. These groups join the parade alongside a menagerie of neighbor's homemade floats, kids riding decorated bicycles, and costumed groups that keep with the parade's yearly theme. All along the almost 1-mile parade route you'll see hundreds of people watching from their lawn chairs and blankets in front yards cheering the display. The parade continues to grow in size and attracts visitors from all over the city looking for wholesome family fun. OTHER ALTERNATIVES Not issue the proclamation. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS n/a DATES OF PREVIOUS COUNCIL CONSIDERATION Although Councilors have participated in previous parades,this is the first year a proclamation has been issued. Attachments 20th Anniversary-Middle of Millen Drive Independence Day Parade O.'. ti „,, ' r . (lb 4 t (II . . 1 ItVrf .., . City of Tigard . Celebrating 20 Years: �`'? The Middle of Millen Drive Independence Day Parade 'w' WHEREAS,the first Middle of Millen Drive Independence Day Parade(MOMDIDP)was ':celebratej organized by neighbors to "America's birthday the way our grandparents would < I want us to”and"to honor those who can't wave the flag with us because they're off `�f' ~ fighting for it";and WHEREAS,neighbors along Millen Drive,Copper Creek Drive,Martha Street and 93rd -*4e-i Avenue have banded together to demonstrate friendship,dedication,leadership, community involvement and patriotism by hosting an annual event designed to bring families,friends,and the Tigard community together to celebrate America's Independence I Day;and " ';`, ' WHEREAS,service to others is a hallmark of the American character and the basis for a ' l ' ' strong city and essential to meeting future challenges;and j.,._ ._',., 47 WHEREAS,the Middle of Millen Drive annual parade epitomizes the hallmarks of �, :4 'l volunteerism and inclusiveness;an old-fashioned parade designed to celebrate America, create family traditions and entertain people of all ages and abilities;and !' WHEREAS,the parade and its organizers honor and welcome veterans,military families, xa -: homemade parade floats and a creative procession of parade participants that bolster ,i civic pride and celebrate the people and organizations that are vital to our community ,, well-being;and ` Ei • a' WHEREAS,Carol Gifford and MOMDIDP neighbors and volunteers have dedicated 20 4:',.i, years to engaging Tigard citizens and strengthening our community spirit by hosting an _ annual parade that takes place at 4 p.m.on the 4th of July;and _ :: :y WHEREAS,on the occasion of the parade's 20th anniversary,it is appropriate to thank ,. Carol Gifford and all the MOMDIDP neighbors who amplify the quality of life in Tigard with ;;, , i this amazing feat of parade pageantry enjoyed by generations of Tigard families,friends and visitors;and It" WHEREAS,the Tigard City Council commends these dedicated neighbors for their community spirit and recognizes the lasting impact their contributions have had on the ` ,; . community at large. ***.a:-/, NOW THEREFORE BE IT RESOLVED THAT I,John L.Cook, Mayor of the City of •'. Tigard,Oregon,do herebyproclaim the city'sgratitude for 20years of The Middle of ``, 9 9 Y `:. ,, /i! Millen Drive Independence Day Parade and urge residents to make this annual event part E- of their summer celebration! : .X05' Dated this day of ,2017. " `I IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. John L.Cook, Mayor , t )111ICity of Tigard ¢ t' Attest: •r ._ .._ AIS-3162 4.D. Business Meeting Meeting Date: 06/27/2017 Length (in minutes): Consent Item Agenda Title: Local Contract Review Board-Authorize Purchase of Police Vehides Prepared For: Nadine Robinson Submitted By: Nadine Robinson, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda- LCRB Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board authorize the purchase of four(4) new police vehides under a permissive cooperative purchase through a State of Oregon contract? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the Local Contract Review Board authorize the purchase of new vehicles for the Police Department under a permissive cooperative purchase through a State of Oregon Contract and authorize the City Manager to take the necessary steps to execute the purchase. KEY FACTS AND INFORMATION SUMMARY Each year,the Police Department(PD) reviews its vehicle inventory with Fleet. In order to maintain vehicles efficiently and economically,each vehicle type is evaluated based on a set of criteria: mileage,age of vehicle and maintenance costs from purchase to date. For patrol vehicles,the criteria are 75,000 miles and four years of service and for detective vehicles it is 75,000 and six years of service. In both cases operation and maintenance costs are taken into consideration as well. In collaboration with Fleet,over the past several budget cycles the PD has been working to standardize the patrol fleet by shifting entirely to Ford Explorers.There are economies of scale in terms of initial outfitting,as well as ongoing operations and maintenance by shifting to a more uniform patrol fleet.The Ford Explorer has worked well in this capacity as it allows officers to navigate more safely in all types of weather and it has greater space for guns and other police equipment. Getting in and out of the vehide is much easier for officers which reduces lower back injuries and increases officer safety. As part of the Police Department's FY 2017-18 approved base budget, funds were appropriated for the purchase of six(6)vehicles. In addition to the vehides noted in the base budget,the PD will expand its fleet by one (1) as yet undetermined vehicle type.The vehicle will be assigned to the newly approved community engagement specialist. This year's request is to purchase four (4) 2017 Police Interceptor Ford Explorers which will replace a 2011 Chevy Tahoe,two (2)Dodge Chargers—2011 and 2012, and a 2014 Ford Explorer. The Explorer was identified for replacement as it has electrical problems that result in reliability issues and increased maintenance costs. As part of the base budget,PD will also purchase two additional vehicles. One vehicle will replace a 2007 Pontiac Grand Prix and one will replace a 2011 Ford Taurus. Non-patrol vehicles are unmarked and purposefully not all the same make,model or color. This allows them to be used in an undercover or covert capacity in a way that marked patrol car cannot. As with the majority of the vehicles in the city's fleet, the patrol vehicles will be purchased through an existing State of Oregon contract with Landmark Ford that is open to a permissive cooperative purchases. Such a purchase is authorized under Tigard Public Contracting Rule 10.085 and ORS 279A.215. This manner of purchase assures the city receives competitive pricing via bulk volume and saves the city the cost and time of preparing a formal solicitation that would likely lead to higher pricing. The estimated cost for the four (4) Ford Explorers ($30,232.50/each) is $120,930. OTHER ALTERNATIVES The Local Contract Review Board may reject this purchase and direct staff to issue an Invitation to Bid for the vehicles or direct staff to stretch the life of the current vehicles. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: 120,930 Budgeted (yes or no): Yes Where Budgeted (department/program): Police Department Additional Fiscal Notes: The estimated cost for four (4) 2017 Police Interceptor Ford Explorers is $120,930. The estimated cost for three (3) yet to be identified vehicles is under$100,000. The total cost for the purchases of the seven (7) vehicles will not exceed$220,930. The Police Department has funds appropriated for the purchase in their operating budget in the General Fund for FY 2017-18. Attachments Explorer quote STATE OF OREGON-Four(4)Police Interceptor Utilities PURCHASE ORDER NO. Agency PO Date Delivery Date Bid Number Requisition No. City of Tigard Vendor Name and Address Bill To Landmark Ford Inc City of Tigard PO Box 23970 13125 SW Hall Blvd . Tigard, OR 98281-3970 Tigard, OR 97223 Vendor Number BPO/Contract Number Agency Contact/Phone Ship To FOB City of Tigard Fleet 8777 SW Burnham Street Tigard,OR 97223 Terms Item Description Qty Option# Unit Price Extended Amount I 2017 Explorer AWD Police Int Base Price 4 K8A $26,852.00 $107,408.00 G1 Shadow Black G1 9 Cloth Front Buckets/Vinyl Rear 9 W Charcoal Black Interior W Equipment Group 500A 3.7L TI-VCT V6 FFV Engine/6-Spd Auto Trans 99R/44C Hidden Door-Lock Plunger w/Rear-door handles 52P 153.00 612.00 inoperable SYNC Basic Voice Activated Comm Sys 53M 280.00 1120.00 Auxiliary Climate Control 17A 579.00 2316.00 Cargo Dome Lamp 17T 49.00 196.00 Rear View Camera 21 N No Charge No Charge California Emissions 422 No Charge No Charge Dark Car Feature-Courtesy lamp disable 43D 19.00 76.00 Spot Lamp-Driver only(LED Bulb) 51 R 375.00 1500.00 Blind Spot Monitoring System (BLIS) 55B 517.00 2068.00 Scuff Guards 55D 86.00 344.00 Key Alike Code D 59D 49.00 196.00 Wiring Grill/Lamp/Siren/Speakers 60A 49.00 196.00 Noise Suppress 60R 95.00 380.00 Side Marker LED-Sideview mirrors 63B 276.00 1104.00 Police Interceptor#23 Rear Lighting Solution 66C 433.00 1732.00 Front Headlamp Housing Only Pkg 86P 119.00 476.00 Rear Taillamp Housing 86T 58.00 232.00 Glass solar Tint 2nd&3rd Row 92G 114.00 456.00 5-Year/100,000 Mile Powertrain CARE Extended Service Plan(zero deductible) State of Oregon E-Plates $129.50 $518.00 City of Tigard subtotal $30,232.50 $120,930.00 ATTN: Kevin Cole Delivery 0.00 Total $120,930.00 Authorized Agent/Approved Date 1 AIS-3142 5. Business Meeting Meeting Date: 06/27/2017 Length (in minutes): 5 Minutes Agenda Title: Consider Resolution Appointing library Board Members and Alternates Prepared For: Margaret Barnes,Library Submitted By: Margaret Reh,library Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution -Main Public Hearing: No Publication Date: Information ISSUE Approval of the Mayor's Appointment Advisory Committee's appointment recommendations of Library Board Members and Alternates to the Tigard Library Board. STAFF RECOMMENDATION / ACTION REQUEST Recommend City Council's approval of the Mayor's Appointment Advisory Committee's choices for Tigard Library Board Members and Alternates. KEY FACTS AND INFORMATION SUMMARY See attached biographies. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION City Council previously approved the appointment of new Board member and alternate for the Tigard Library Board on August 9,2016. Attachments Resolution 2017 Library Board Appointments Bios for Library Appointees CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION RE-APPOINTING KATIE HARRIS AND APPOINTING LONN HOKLIN, AND MARY BOGART TO THE TIGARD LIBRARY BOARD FOR A TERM OF FOUR YEARS, EFFECTIVE JULY 1, 2017 THROUGH JUNE 30, 2021; AND APPOINTING REBECCA GAUTHIER AND JEAN HART TO COMPLETE TERMS OF TWO POSITIONS VACATED MID-TERM, EFFt,CTIVE JULY 1, 2017 THROUGH JUNE 30, 2019; AND APPOINTING CHUNG-HUEY NINA KUNG AND MARTIN RUBIN AS ALTERNATES FOR A TWO YEAR TERM,EFFECTIVE JULY 1,2017 THROUGH JUNE 30,2019. WHEREAS, the terms of Library Board Members Scott Hancock, Katie Harris, and Jan Thenell and Alternate Member Rebecca Gauthier expired June 30,2017;and WHEREAS, three mid-term resignation were received from of Library Board Members Roarke Van Brunt,Cole Weber,and Alternate Member Mark Loomis;and WHEREAS,positions for five Members and two Alternates for the Board are open;and WHEREAS, Lonn Hoklin, Mary Bogert, Rebecca Gauthier,Jean Hart, Chung-hury Nina Kung, and Martin Rubin were interviewed by the Mayor's Appointment Advisory Committee on Thursday,June 15, 2017. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Katie Harris is hereby re-appointed to the Tigard Library Board as a Member for a four- year term,effective July 1,2017 through June 30,2021;and SECTION 2: Lonn Hoklin is hereby appointed to the Tigard Library Board as a Member for a four- year term,effective July 1,2017 through June 30,2021;and SECTION 3: Mary Bogert is hereby appointed to the Tigard Library Board as a Member for a four- year term,effective July 1,2017 through June 30,2021;and SECTION 4: Rebecca Gauthier is hereby appointed to the Tigard Library Board as a Member to complete a vacated position,effective July 1,2017 through June 30,2019;and SECTION 5: Jean Hart is hereby appointed to the Tigard Library Board as a Member to complete a vacated position,effective July 1,2017 through June 30,2019;and SECTION 6: Chung-huey Nina Kung is hereby appointed to the Tigard Library Board as an Alternate for a two-year term effective July 1,2017 through June 30,2019;and SECTION 6: Martin Rubin is hereby appointed to the Tigard Library Board as an Alternate for a two- year term effective July 1,2017 through June 30,2019;and RESOLUTION NO. 17- Page 1 SECTION 7: This resolution is effective immediately upon passage. PASSED: This day of 2017. Mayor-City of Tigard ATVEST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 2 MEMBERS Katie Harris • B.A.,Anthropology and Environmental Studies • MPH (Health Management and Policy) • Associate Director of Program Management,Oregon Association of Hospitals and Health Systems • Served one term as a Member of the Tigard Library Board and as an Alternate of Tigard Library Board Lonn Hoklin • Studied History/Political Science at University of Montana • Former Chair of the Tigard Library Board • Previously served five years on Tigard Library Board Mary Bogert • B.S.,Oregon State University • Early Childhood-Tigard Tualatin School District-Retired Rebecca Gauthier • Graduate of Tigard High School • Works at Starbucks and as a private nanny • Served as an Alternate Member of the Tigard Library Board for two years • Past member of the Teen Library Council at the Tigard Public Library Jean Hart • B.A.,University of Puget Sound;MBA.,University of Santa Clara • Retired Executive from High-Tech Industry • Extensive volunteer experience ALTERNATES Chung-huey Nina Kung • M.A.,English;B.S. Human Development&Community Services • Certified Public School Teacher • Resident of Tigard for two years • Mandarin Interpreter/Translator Martin Rubin • J.D.John Marshall Law School,Chicago,IL • American Bar Association Arbitrator 25+ years • Organized and founded Union Legal Access Program and Inter-faith Committee to Aid Migrant Farm Workers • Retired after 40+ years as a practicing attorney AIS-3093 6. Business Meeting Meeting Date: 06/27/2017 Length (in minutes): 5 Minutes Agenda Title: Consider Resolution Approving a Development Agreement with SD Deacon for Tigard Triangle Property Prepared For: Gary Pagenstecher,Community Development Submitted By: Gary Pagenstecher, Community Development Item Type: Resolution Meeting Type: Council Business Meeting -Main Public Hearing: Yes Publication Date: Information ISSUE Shall Council approve a Development Agreement between SD Deacon and the City for redevelopment of property within the Tigard Triangle,which will be subject to the new provisions of the Tigard Triangle District Plan when they become effective later this year? Council reviewed the proposed Development Agreement at its Workshop on May 16,2017 and agreed to take action on the request at its June 27,2017 Business meeting. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that Council approve the proposed Development Agreement (Attachment A), finding that it is not in conflict with the provisions of the development code,results in a significant extension of the regional multi-modal trail to serve the Tigard Triangle,and provides assurances to the developer that support redevelopment of the site. KEY FACTS AND INFORMATION SUMMARY Deacon Development Company is redeveloping their Triangle Pointe property (Exhibit 1 of Attachment A), which includes the old Farmers Insurance building and a large parking lot on two parcels. A Development Agreement is proposed to provide a bridge between parking lot redevelopment under the current code and development of a new office building expected under the new Tigard Triangle code. The applicant is principally concerned that the currently allowed Non-accessory parking will continue to be a conforming use after the effective date of the new code. In addition,the applicant is proposing an extension of the regional multi-modal trail through their site by providing a public access easement and construction of trail improvements (Exhibit 2 of Attachment A). Phase I development (parking lot reconfiguration and access improvements,recording of the public access easement, trail improvements and vegetated corridor enhancements) is represented by Site Development Review application SDR2017-00001, currently under review. Phase II development of an office or mixed use building is expected to be processed under the new Triangle Mixed Use (TMU) zone and development standards after the effective date of the new code and zoning for the Tigard Triangle. OTHER ALTERNATIVES Approve an amended Development Agreement. Not approve the Development Agreement. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Contributes to implementation of Tigard's Strategic Plan Goal of becoming the most walkable city in the Pacific Northwest. DATES OF PREVIOUS COUNCIL CONSIDERATION May 16,2017 City Council Workshop meeting. Attachments Resolution Development Agreement Development Agreement Letter from Attorney Michael C.Robinson CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION APPROVING A NON-STATUTORY DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TIGARD, OREGON AND TRIANGLE POINTE, LLC AND TRIANGLE POINTE TWO,LLC TO FACILITATE REDEVELOPMENT WHEREAS, the Agreement is permitted pursuant to the City's home rule authority and is not a statutory development agreement under ORS Chapter 94;and WHEREAS, Triangle Pointe, LLC and Triangle Pointe Two, LLC ("Developers") seek to redevelop their property as shown in Exhibit 1 to the Agreement and generally described as located south of SW 68th Parkway, east of I-5,and north of Highway 217 ("Property");and WHEREAS, the phased development of the Property is expected to span the implementation of the Tigard Triangle Plan District code amendments, also referred to as the Tigard Triangle Lean Code, thereby changing certain development criteria over the course of the phased development;and WHEREAS, the purpose of this Agreement is to allow Developers to develop the Property in phases, consistent with this Agreement and applicable Tigard Community Development Code requirements and to provide to the public a regional trail extension;and WHEREAS,in Phase I,Developers propose to redevelop the Property to include a revised off-street parking area,including non-accessory parking, and a regional trail extension, shown on Exhibit 2 to the Agreement,in lieu of the extension of a public road across the Property. Phase II redevelopment may include a new office building that may exceed the currently allowed floor area ratio,after implementation of the Tigard Triangle Plan District code amendment in the fall of 2017. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Council approves the Triangle Pointe Development Agreement,attached to this resolution as Exhibit A,to facilitate redevelopment of the subject property and provision of a regional trail extension across the subject property, and authorizes the City Manager to execute the Agreement. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2017. Mayor-City of Tigard A I1'hST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 1 Exhibit A After recording return to: Michael C. Robinson Perkins Coie LLP 1120 NW Couch Street, Tenth Floor Portland, OR 97209-4128 NON-STATUTORY DEVELOPMENT AGREEMENT between CITY OF TIGARD, OREGON, and TRIANGLE POINTE, LLC and TRIANGLE POINTE TWO, LLC This Development Agreement ("Agreement") is made and entered into this`day of , 20_ by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon ("City"), and TRIANGLE POINTE, LLC, and TRIANGLE POINTE TWO, LLC Oregon limited liability corporations (the "Developers") pursuant to the City's home rule authority and is not a statutory development agreement under ORS Chapter 94. The City and Developers are referred to jointly in this Agreement as the "Parties" and individually as a "Party," as the case may be. RECITALS A. Developers are the owners of that real property (the "Property") generally located south of SW 68th Parkway, east of 1-5 and north of Oregon Highway 217. The Property location is shown on Exhibit 1. The Property is in the area referred to as the "Tigard Triangle." 1 of 14 130510575.9 B. The Property is subject to the City's acknowledged Comprehensive Plan and land use regulations now in effect. The Property is zoned Mixed Use Employment ("MUE"). C. The current land use regulations impose a floor area ratio ("FAR") maximum of .4 on the Property. Tigard Community Development Code ("TCDC") 18.520.050.C.1. The City proposes to amend the land use regulations to eliminate the FAR requirement in the Tigard Triangle. Further, the land use regulations currently allow off-street parking ratios that allow the Developers adequate and necessary off-street parking on the Property, including non-accessory parking. The proposed off-street parking land use regulations would prohibit redevelopment of the off-street parking area with off-street parking spaces and non-accessory parking. If the Developers submit a land use or limited land use after the effective date of the proposed land use regulations, Developers will not be able to develop the Property as intended. D. Developers propose to redevelop the Property. The redevelopment will include a revised off-street parking area, including non-accessory parking, a new office building that will exceed the currently allowed FAR, and a regional trail extension in lieu of the extension of a public road across the Property. E. The City proposes to amend the land use regulations to provide "walkability" requirements, which will require Developers to dedicate right-of-way or easements in favor of the public for a regional trail extension and which will make it difficult for Developers to develop the Property as intended. F. The City and Developers acknowledge that if Developers proceed with a Site Development Review ("SDR") application now, they may redevelop the Property and construct a new office building, maintaining the approved number of off-street parking spaces but subject to the .4 FAR limitation, without being subject to the proposed walkability requirements. The City and Developers desire to allow redevelopment of the property as appropriate under the proposed land use regulation requirements in order to allow the proposed office building to be greater than the current FAR allowed, to allow non-accessory parking and to provide walkability requirements not now legally required to be provided by Developers. G. Non-accessory parking is currently a permitted use. The proposed land use regulations will treat non-accessory parking as a non-conforming use. The Project is unlikely to proceed without assurance that non-accessory parking will remain a conforming use. 2 of 14 130510575.9 H. The Property contains a stream adjacent to its north boundary. The stream is regulated by Clean Water Services ("CWS"). The Developers intend to make certain beneficial improvements to the riparian area adjacent to the stream as part of its redevelopment of the Property. I. The purpose of this Agreement is to allow Developers to develop the Property consistent with this Agreement and applicable TCDC requirements and to provide to the public a regional trail extension. J. Therefore, the City and Developers enter into this Development Agreement to provide for such mutually beneficial improvements. AGREEMENT In consideration of the mutual promises and performance obligations of each Party as set out in this Agreement, City and Developers hereby agree to the following terms and conditions and respective obligations: 1. Site Development Review Applications. Developers intend to submit two (2) SDR applications for redevelopment of the Property. The first SDR application (the "Phase 1 SDR Application") shall consist of the pad for the new office building on tax lot 2S101DA02300 to allow a .54 FAR office building, parking lot improvements on both tax lots, including non-accessory parking, the regional trail extension (a public pedestrian pathway) and stream improvements, all as described in this Agreement. The public pathway improvements shall be constructed in Phase 1. The second SDR application (the "Phase 2 SDR Application") shall consist of the .54 FAR office building application, if an SDR application is required under the then-applicable land use regulations. The building footprint and off-street parking ratio and layout may be allowed to change if the Developer changes the use of the office building. 2. Walkability Requirements. Developers agree to include a pedestrian pathway as the regional trail extension in the Phase 1 SDR Application and to install a pedestrian pathway located in a non-exclusive public easement, as shown in Exhibit 2. To provide walkability on the Property, the pedestrian pathway will consist of concrete and shall be ten feet (10') wide in a ten feet (10') wide public easement. The Developers shall record a non-exclusive easement in favor of the public over and across the pedestrian pathway so that the pedestrian pathway will be open to 3 of 14 130510575.9 any person for pedestrian or bicycle purposes. The pedestrian pathway will not be classified as a "sidewalk". The pedestrian pathway will connect to the existing regional trail located at the southeast corner of the Property. 3. Stream Improvements. Developers agree to improve the riparian area adjacent to the stream located adjacent to the north boundary of the Property by, at minimum, removing invasive species, and all such improvements shall be consistent with applicable City and CWS requirements. Such improvements shall be included in the Phase 1 SDR Application. 4. Non-Accessory Parking. 4.1 In consideration of Developers' commitments under this Agreement, the City agrees to allow approved non-accessory parking on the Property to continue as a conforming use and approval shall run with the land. 4.2 Notwithstanding any other provisions of the TCDC, for those developments which include non-accessory parking as a permitted use and for which a Site Development Review permit application was submitted prior to the effective date of the TCDC and later approved, the non-accessory parking shall not be classified as a non-conforming use or non-conforming development under Chapter 18.760. 5. Nature of Agreement. The City hereby confirms that it can approve and execute this Agreement pursuant to its home rule charter and not pursuant to ORS 94.504 et seq., and does further confirm that this Agreement does not constitute or concern the adoption, amendment, or application of the Statewide Planning Goals, a comprehensive plan provision, or a land use regulation. The City and Developers acknowledge and agree that Developers shall obtain any and all land use approvals required for the Project in due course in accordance with all applicable laws and regulations pursuant to the terms of this Agreement. Specifically, the Parties agree that approval and execution of this Agreement does not annex, zone, divide, or grant any other land use approval for the Property or the Project and does not impinge upon the City's future review of Developers' applications for the Project. The Parties further agree that each Party has the authority to adopt this Agreement outside of ORS Chapter 94 and the adoption of this Agreement is not, nor does it establish, a Local Improvement District. 4 of 14 130510575.9 6. Compliance with all Local and State Laws. 6.1 In carrying out this Agreement, the Developers shall follow and comply with all other applicable local and state laws, including any requirement that state law may place on the Developers to pay prevailing wages for construction of the improvements required by this Agreement. 6.2 The City agrees that this Agreement may be used as evidence to support a finding of adequacy for public improvements as required by applicable provisions of the Tigard Municipal Code, Title 18, "Land Development Code" for subsequent land use, limited land use, expedited land divisions, permits and zoning map amendments for the Project. 6.3 The parties agree that this Agreement is not inconsistent with current TCDC requirements. 7. Assignability of Agreement. This Agreement may be assigned by the Developers, in whole or in part, with prior written notice to the City. The terms and conditions contained in this Agreement shall, subject to the provisions of this section, apply to and bind the heirs, successors, personal representatives, and assigns of the Parties hereto. 8. Remedies. Each Party shall have all available remedies at law or in equity to recover damages and compel the performance of the other Party pursuant to this Agreement. The rights and remedies afforded under this Agreement are not exclusive and shall be in addition to and cumulative with any and all rights otherwise available at law or in equity. The exercise by either Party of any one or more of such remedies shall not preclude the exercise by it, at the same or different time, of any other such remedy for the same default or breach or of any of its remedies for any other default or breach by the other Party, including, without limitation, the right to compel specific performance. 9. Miscellaneous Provisions. 9.1 Notice. A notice or communication under this Agreement by either Party shall be in writing and shall be dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by either personal delivery or nationally-recognized overnight courier (such as UPS or Federal Express) or by facsimile transmission, and 5 of 14 130510575.9 9.1.1 In the case of a notice or communication to Developers, addressed as follows: Ryan Schera Triangle Pointe, LLC 901 NE Glisan Street, Suite 100 Portland, OR 97232 Ryan Schera Triangle Pointe Two, LLC 901 NE Glisan Street, Suite 100 Portland, OR 97232 With copy to: Michael C. Robinson Perkins Coie LLP 1120 NW Couch Street, Tenth Floor Portland, Oregon 97209-4128 9.1.2 In the case of a notice or communication to City, addressed as follows: Marty Wine City Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 With copy to: Shelby Rihala City Attorney Jordan Ramis, LLC 2 Centerpointe Drive, 6th Flr. Lake Oswego, OR 97035 or addressed in such other way in respect to a Party as that Party may, from time to time designate in writing dispatched as provided in this section. 9.2 Headings. Any titles of the sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 6 of 14 130510575.9 9.3 Counterparts. In the event this Agreement is executed in two (2) or more counterparts, each counterpart shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Waivers. No waiver made by either Party with respect to the performance, or manner or time thereof, of any obligation of the other Party or any condition inuring to its benefit under this Agreement shall be considered a waiver of any other rights of the Party making the waiver. No waiver by the City or Developers of any provision of this Agreement or any breach thereof shall be of any force or effect unless in writing; and no such waiver shall be construed to be a continuing waiver. 9.5 Time of the Essence. Time is of the essence under this Agreement. 9.6 Choice of Law. This Agreement shall be interpreted under the laws of the State of Oregon. 9.7 Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Oregon, the period shall be extended to include the next day which is not a Saturday, Sunday, or such a holiday. 9.8 Construction. In construing this Agreement, singular pronouns shall be taken to mean and include the plural and the masculine pronoun shall be taken to mean and include the feminine and the neuter, as the context may require. 9.9 Severability. If any clause, sentence or any other portion of the terms and conditions of this Agreement becomes illegal, null or void for any reason, the remaining portions will remain in full force and effect to the fullest extent permitted by law. 9.10 Place of Enforcement. Any action or suit to enforce or construe any provision of this Agreement by any Party shall be brought in the Circuit Court of the State of Oregon for Washington County, or the United States District Court for the District of Oregon. 9.11 Good Faith and Reasonableness. The Parties intend that the obligations of good faith and fair dealing apply to this Agreement generally and that no negative inferences be drawn by the absence of an explicit obligation to be reasonable in any portion of this Agreement. The obligation to be reasonable 7 of 14 130510575.9 shall only be negated if arbitrariness is clearly and explicitly permitted as to the specific item in question, such as in the case of a Party being given "sole discretion" or being allowed to make a decision in its "sole judgment." 9.12 Condition of City Obligations. All City obligations pursuant to this Agreement which require the expenditure of funds are contingent upon future appropriations by the City as part of the local budget process. Nothing in this Agreement implies an obligation on the City to appropriate any such monies. 9.13 Cooperation in the Event of Legal Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the Parties agree to cooperate in defending such action. 9.14 Enforced Delay, Extension of Times of Performance. In addition to the specific provisions of this Agreement, performance by any Party shall not be in default where delay or default is due to war; insurrection, strikes, riots, floods, drought, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities other than the City, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation or similar bases for excused performance which is not within reasonable control of the Party to be excused. 9.15 Other Necessary Acts. Each Party shall execute and deliver to the other all such further instruments and documents and take such additional acts (which, in the case of the City, shall require adopting necessary ordinances and resolutions) as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Parties the full and complete enjoyment of rights and privileges hereunder. 9.16 Entire Agreement. This Agreement constitutes the entire agreement between the Parties as to the subject matter covered by this Agreement. 9.17 Interpretation of Agreement. This Agreement is the result of arm's length negotiations between the Parties and shall not be construed against any Party by reason of its preparation of this Agreement. 9.18 Capacity to Execute; Mutual Representations. The Parties each warrant and represent to the other that this Agreement constitutes a legal, valid, and binding obligation of that Party. Without limiting the generality of the foregoing, each Party represents that its governing authority has authorized the 8 of 14 130510575.9 execution, delivery, and performance of this Agreement by it. The individuals executing this Agreement warrant that they have full authority to execute this Agreement on behalf of the entity for whom they purport to be acting. Each Party represents to the other that neither the execution and delivery of this Agreement, nor performance of the obligations under this Agreement will conflict with, result in a breach of, or constitute a default under, any other agreement to which it is a party or by which it is bound. 9.19 Amendment or Modification. No amendment, change, or modification of this Agreement shall be valid, unless in writing and signed by the Parties. 9.20 Relationship. Nothing herein shall be construed to create an agency relationship or a partnership or joint venture between the Parties. 9.22 Recording; Covenant. The City shall cause this Agreement to be recorded among the Deed Records in and for Washington County, Oregon. This Agreement shall constitute a covenant running with the Property and shall be binding upon and be enforceable by the Parties and their successors and assigns. 9.23 Effective Date. This Agreement shall take effect upon execution and approval by both Parties. 9.24 Term of Agreement. This Agreement shall be effective until it is fully implemented. This term shall be tolled in the event of an appeal of any land use decision for the Property until a final appellate judgment is entered. 10. City Manager Authority to Enter into Addenda to this Agreement. The City Manager may, at her discretion, enter into such addenda to this Agreement without City Council approval as she determines are necessary to fully implement the intent of the Agreement. Executed as of the day and year first above written. 9 of 14 130510575.9 Triangle Pointe, LLC, an Oregon limited liability corporation By: Print Name: Title: STATE OF OREGON ) ) ss. County of ) The foregoing instrument was acknowledged before me this _day of 2017, by as of Triangle Pointe, LLC, an Oregon limited liability corporation , on behalf of said company. Notary Public for Oregon My Commission Expires: SEAL: 10 of 14 130510575.9 Triangle Pointe Two, LLC, an Oregon limited liability corporation By: Print Name: Title: STATE OF OREGON ) ss. County of The foregoing instrument was acknowledged before me this _day of 2017, by as of Triangle Pointe Two, LLC, an Oregon limited liability corporation , on behalf of said company. Notary Public for Oregon My Commission Expires: SEAL: 11 of 14 130510575.9 CITY OF TIGARD, OREGON By: Print Name: Title: STATE OF OREGON ss. County of The foregoing instrument was acknowledged before me this day of 2017, by as of the City of Tigard, Oregon, duly authorized by the City Council to execute this Agreement on behalf said city. Notary Public for Oregon My Commission Expires: SEAL: 12 of 14 130510575.9 EXHIBIT 1 ty -. w +'� ..r .a R i ,;i , 1 K{$ f;...ar hw ; g .< 1 �, G D R ,f m { R`.Z �'' tib. l ._{p "... S. ,./�1 is r \'� i Iii_ - ill ,, .. .oz., ,:-.0; ; i j~. . d001 µr, ,X !. i rte' i, _ e. -......-.0* O ,m r. .' _ ,F ... • ,..._r_.._....' ' ...� r *° .E a i --il L... y: . soy tab *;S • 61f {{ v • d��Y 4. 1 • INa i. ' i Ami , 0 t R. y .1 li ,,e. - r- .' i g t T.: �0,;• 1 1 - SW 88TH AVENUE s$---t� •aO. 1f 11., r +e�N. 1' ei ,�,sfy a ; 1 1 1 N !i f ,r; • �n I 1 t I 3:; a : 6 . N I r l w y, ' E.:. 11 R i i , fel t If ?, .� 1 I..I • il e' .a__ .... 1 1 i — 1 i.f 1 1 IQ 1I4O01d8'IJ- g _.- -AV33tlN )1300-Wi ri ,,V � 4 31VISH311V1 IQ t* ..... 13 of 14 130510575.9 .,. 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Business Meeting Meeting Date: 06/27/2017 Length (in minutes): 60 Minutes Agenda Title: Quasi Judicial Public Hearing- Consider Ordinances for Island Annexations Prepared For: Liz Newton Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Ordinance Business Public Hearing-Quasi Judicial Meeting- Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Consider adoption of ten ordinances to annex ten different areas of unincorporated land,all of which are completely surrounded by land in the City of Tigard jurisdiction.These ten unincorporated"islands" contain multiple properties,ranging in number from one to 55 parcels. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends City Council approve the proposed Island Annexations (ZCA2017-00001 to ZCA2017-00010) by adoption of the attached ordinances. KEY FACTS AND INFORMATION SUMMARY The City of Tigard is proposing to annex ten different areas of unincorporated land,all of which are completely surrounded by land in the City of Tigard jurisdiction.These ten unincorporated"islands"contain multiple properties,ranging in number from one to 55 parcels. Urban services are available to the proposed annexation areas,or can be made available,and are of sufficient capacity to provide service. All sites are within the Washington County Enhanced Sheriffs Patrol District and Urban Road Maintenance District. Some sites are also within the Tigard Water District and Washington County Service District for Lighting. The attached ordinances address removal from these districts,where applicable. As outlined in the staff report,the proposed annexations meet the applicable requirements of the Tigard Community Development Code,Comprehensive Plan, state statutes,and Metro Code. OTHER ALTERNATIVES Adopt findings to deny the applications. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION March 7,2017 Attachments Ordinance for Zone 1 Ordinance for Zone 2 Ordinance for Zone 3 Ordinance for Zone 4 Ordinance for Zone 5 Ordinance for Zone 6A Ordinance for Zone 6B Ordinance for Zone 7 Ordinance for Zone 8 Ordinance for Zone 9 Zone 1 Exhibit A Zone 2 Exhibit A Zone 3 Exhibit A Zone 4 Exhibit A Zone 5 Exhibit A Zone 6A Exhibit A Zone 6B Exhibit A Zone 7 Exhibit A Zone 8 Exhibit A Zone 9 Exhibit A Zone 1 Exhibit B Zone 2 Exhibit B Zone 3 Exhibit B Zone 4 Exhibit B Zone 5 Exhibit B Zone 6A Exhibit B Zone 6B Exhibit B Zone 7 Exhibit B Zone 8 Exhibit B Zone 9 Exhibit B EXHIBIT C FOR ALL ORDINANCES Citizen Comments Responses to Citizen Comments Presentation PowerPoint ZCA2017-00001-ZAC2017-00010 PowerPoint CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2017- AN ORDINANCE ANNEXING 55 PARCELS OF LAND TOTALLING 15.164 ACRES, APPROVING THE ZONE 1 ISLAND ANNEXATION (ZCA2017-00001), AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT, AND WASHINGTON COUNTY SERVICE DISTRICT FOR LIGHTING. WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.750 to annex unincorporated territory surrounded by the City;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Road Maintenance District, and Washington County Service District for Lighting upon completion of the annexation;and WHEREAS, the Tigard City Council held a public hearing on June 27, 2017 to consider the annexation of 15.164 acres of land consisting of: Washington County Tax Map (WCTM) 2S109AD, Tax Lots 3800, 3900, 4000, 4100, 4200, 4300, 4400, 4500, 4600, 4700, 4800, 4900, 5000, 5100, 5200, 5300, 5400, 5500, 5600, 5700, 5800, 5900, 6000, 6100, 6200, 6300, 6400, 6500, 6600, 6800, 6900, 7000, 7100, 7200, 7300, 7400, 9900, WCTM 2S109DA, Tax Lots 200, 300, 400, 500, 700, 800, 900, 1000, 1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, and 2000, and withdrawal of said parcels from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,Washington County Urban Road Maintenance District, and Washington County Service District for Lighting upon completion of the annexation; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of annexation into the City on June 27,2017;and WHEREAS,pursuant to ORS 222.524, the City must declare the withdrawal of the annexed properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Road Maintenance District, and Washington County Service District for Lighting upon completion of the annexation; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and ORDINANCE No. 17- Page 1 WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcels as described and shown in the attached Exhibits "A" and "B", and withdraws said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Road Maintenance District, and Washington County Service District for Lighting upon completion of the annexation. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2017- 00001 to ZCA2017-00010) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit"C" and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Road Maintenance District, and Washington County Service District for Lighting upon completion of the annexation; and shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180(2), the annexation shall be effective on July 27,2020. PASSED: By vote of all Council members present after being read by number and tide only, this day of , 2017. Carol Kruger, City Recorder APPROVED: By Tigard City Council this day of ,2017. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 17- Page 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2017- AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING 1.13 ACRES, APPROVING THE ZONE 2 ISLAND ANNEXATION (ZCA2017-00007), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINl'FNANCE DISTRICT. WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.750 to annex unincorporated territory surrounded by the City; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on June 27, 2017, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 2S109DB, Tax Lot 1801, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of annexation into the City on June 27,2017;and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the owners of the subject property previously executed an annexation contract with the City in which the parties agreed to allow the City to annex the property any time after March 10, 2019, or sooner upon the owner's written request to the City; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 17- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel, as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2017- 00001 to ZCA2017-00010) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit"C"and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.750(5) and the previously executed annexation contract,the annexation shall be effective on July 27,2020, unless the owners make a written request to the City for an earlier effective date. Should the owners make such a request prior to July 27,2020, notwithstanding the earlier effective date of the annexation,the property will not be subject to City-imposed ad valorem property taxes until July 27,2020. PASSED: By vote of all Council members present after being read by number and title only,this day of , 2017. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of ,2017. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 17- Page 2 CITY OF TIGARD, OREGON oled 7 TIGARD CITY COUNCIL 7/2, ORDINANCE NO. 2017- Oo4ntil ' 41'i4i h AN ORDINANCE ANNEXING ONE (1) PARCFT OF LAND TOTALLING 1.13 ACRES, APPROVING THE ZONE 2 ISLAND ANNEXATION (ZCA2017-00007), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINl'ENANCE DISTRICT. WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.750 to annex unincorporated territory surrounded by the City;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District upon completion of the annexation;and WHEREAS, the Tigard City Council held a public hearing on June 27, 2017, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 2S109DB, Tax Lot 1801, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of annexation into the City on June 27,2017;and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the owners of the subject property previously executed an annexation contract with the City in which the parties agreed to allow the City to annex the property any time after March 10, 2019, or sooner upon the owner's written request to the City;and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 17- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel, as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2017- 00001 to ZCA2017-00010) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "C" and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.750(5) and the previously executed annexation contract, the annexation shall be effective on July 27,2020, unless the owners make a written request to the City for an earlier effective date. Should the owners make such a request prior to July 27, 2020, notwithstanding the earlier effective date of the annexation, the property will not be subject to City-imposed ad valorem property taxes until July 27, 2020. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2017. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of , 2017. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 17- Page 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2017- AN ORDINANCE ANNEXING SEVEN (7) PARCELS OF LAND TOTALLING 6.605 ACRES, APPROVING THE ZONE 3 ISLAND ANNEXATION (ZCA2017-00003), AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.750 to annex unincorporated territory surrounded by the City; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on June 27, 2017, to consider the annexation of 6.605 acres of land consisting of Washington County Tax Map (WCTM) 2S109AB,Tax Lots 1100, 1400, 1600, and 1700,WCTM 2S109AC, Tax Lots 300, 400, and 2300, and withdrawal of said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of annexation into the City on June 27,2017; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 17- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcels as described and shown in the attached Exhibits "A" and "B", and withdraws said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2017- 00001 to ZCA2017-00010) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit"C" and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180(2), the annexation shall be effective on July 27,2020. PASSED: By vote of all Council members present after being read by number and title only, this day of ,2017. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of , 2017. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 17- Page 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2017- AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALLING 5.083 ACRES, APPROVING THE ZONE 4 ISLAND ANNEXATION (ZCA2017-00008), AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.750 to annex unincorporated territory surrounded by the City; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on June 27, 2017, to consider the annexation of 5.083 acres of land consisting of Washington County Tax Map (WCTM) 2S109AB, Tax Lots 400 and 500, and withdrawal of said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of annexation into the City on June 27, 2017; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 17- Page 1 NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcels as described and shown in the attached Exhibits "A" and "B", and withdraws said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2017- 00001 to ZCA2017-00010) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "C" and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180(2), the annexation shall be effective on July 27, 2020. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2017. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of , 2017. Approved as to form: John L. Cook, Mayor City Attorney Date ORDINANCE No. 17- Page 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2017- AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALLING 1.01 ACRES, APPROVING THE ZONE 5 ISLAND ANNEXATION (ZCA2017-00002), AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.750 to annex unincorporated territory surrounded by the City;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on June 27, 2017, to consider the annexation of 1.01 acres of land consisting of Washington County Tax Map (WCTM) 2S15DD, Tax Lots 900 and 1200, and withdrawal of said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of annexation into the City on June 27,2017;and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 17- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcels as described and shown in the attached Exhibits "A" and "B", and withdraws said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2017- 00001 to ZCA2017-00010) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit"C" and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180(2), the annexation shall be effective on July 27,2027, or when City of Tigard sanitary infrastructure is available to the subject sites, whichever occurs first. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2017. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of , 2017. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 17- Page 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2017- AN ORDINANCE ANNEXING FIVE (5) PARCELS OF LAND TOTALLING 8.306 ACRES, APPROVING THE ZONE 6A ISLAND ANNEXATION (ZCA2017-00009), AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINl'ENANCE DISTRICT. WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.750 to annex unincorporated territory surrounded by the City; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on June 27, 2017, to consider the annexation of 8.306 acres of land consisting of Washington County Tax Map (WCTM) 2S104BC, Tax Lots 200, 1300, 1800, WCTM 2S104BD, Tax Lots 1600, and 9200, and withdrawal of said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of annexation into the City on June 27,2017;and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 17- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcels as described and shown in the attached Exhibits "A" and "B", and withdraws said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2017- 00001 to ZCA2017-00010) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit"C" and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180(2), the annexation shall be effective on July 27,2020. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2017. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of , 2017. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 17- Page 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2017- AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING 0.930 ACRES, APPROVING THE ZONE 6B ISLAND ANNEXATION (ZCA2017-00010), AND WITHDRAWING PROPERTY FROM THE TIGARD WA'fl R DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAIN PENANCE DISTRICT. WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.111 to annex contiguous territory to the City, on its own motion; and WHEREAS, the owner of this property requested the property be annexed to the City, pursuant to ORS 222.111(2);and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on June 27, 2017, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 2S104BC, Tax Lot 1500, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of annexation into the City on June 27,2017;and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 17- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2017- 00001 to ZCA2017-00010) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit"C" and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2017. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of ,2017. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 17- Page 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2017- AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING 0.225 ACRES, APPROVING THE ZONE 7 ISLAND ANNEXATION (ZCA2017-00004), AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.750 to annex unincorporated territory surrounded by the City; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Washington County Enhanced Sheriff's Patrol District and Washington County Urban Road Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on June 27, 2017, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 1S135AD, Tax Lot 2800, and withdrawal of said parcel from the Washington County Enhanced Sheriff's Patrol District and Washington County Urban Road Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of annexation into the City on June 27, 2017; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Washington County Enhanced Sheriff's Patrol District and Washington County Urban Road Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 17- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2017- 00001 to ZCA2017-00010) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "C" and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180(2), the annexation shall be effective on July 27,2020. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2017. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of , 2017. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 17- Page 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2017- AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING 0.609 ACRES, APPROVING THE ZONE 8 ISLAND ANNEXATION (ZCA2017-00005), AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.750 to annex unincorporated territory surrounded by the City; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Road Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on June 27, 2017, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 1S125CD, Tax Lot 4200, and withdrawal of said parcel from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Road Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of annexation into the City on June 27, 2017; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Road Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 17- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2017- 00001 to ZCA2017-00010) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit"C" and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180(2), the annexation shall be effective on July 27, 2020. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2017. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of , 2017. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 17- Page 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2017- AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING ONE (1) ACRE, APPROVING THE ZONE 9 ISLAND ANNEXATION (ZCA2017-00006), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISl'RICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROAD MAIN FLNANCE DISTRICT, AND WASHINGTON COUNTY SERVICE DISTRICT FOR LIGHTING. WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.750 to annex unincorporated territory surrounded by the City; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Road Maintenance District, and Washington County Service District for Lighting upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on June 27, 2017, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 2S115AB, Tax Lot 300, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Road Maintenance District, and Washington County Service District for Lighting; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of annexation into the City on June 27, 2017; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Road Maintenance District, and Washington County Service District for Lighting; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 17- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Road Maintenance District, and Washington County Service District for Lighting. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2017- 00001 to ZCA2017-00010) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit"C" and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Road Maintenance District, and Washington County Service District for Lighting shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180(2), the annexation shall be effective on July 27,2020. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2017. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of , 2017. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 17- Page 2 EXHIBIT A CITY OF TIGARD ANNEXATION—ZONE 1 LEGAL DESCRIPTION A tract of land in the East one-half of Section 9,Township 2 South,Range 1 West of the Willamette Meridian;being all of those subdivision plats recorded as Arlington Heights and Arlington Heights No.2;in the City of Tigard,Washington County,Oregon;and being more particularly described as follows: Beginning at the East one-quarter corner of said Section 9,also being the"Initial Point"of said Arlington Heights No.2; thence along the east line of said Arlington Heights No.2,also being the west line of that subdivision recorded as Mountain View Estates,South 01°43'36"West a distance of 459.61 feet to the southeast corner of said Arlington Heights No.2,also being the north line of that subdivision recorded as Arlington Heights No.3; thence along the southerly lines of said Arlington Heights No.2,also being the northerly lines of said Arlington Heights No.3,the following seven courses: North 90°00'00"West a distance of 180.05 feet; North 07°15'19"West a distance of 73.53 feet; North 81°44'42"West a distance of 69.97 feet; South 84°57'06"West a distance of 113.51 feet; North 71°02'09"West a distance of 105.57 feet; North 41°09'15"West a distance of 134.27 feet; and North 37°29'33"West a distance of 140.67 feet to the southwest corner of said Arlington Heights No.2,also being the east line of that subdivision recorded as Summit Ridge; thence along the west line of said Arlington Heights No.2,also being the east line of said Summit Ridge,North 01°11'29"East a distance of 65.87 feet to the south line of said Arlington Heights; thence along the south and westerly lines of said Arlington Heights,also being along easterly lines of said Summit Ridge(two courses)and the south and east lines of that subdivision recorded as Arbor Summit(two courses),the following four courses: North 88°14'30"West a distance of 2.82 feet; North 01°45'3V East a distance of 86.80 feet; South 88°50'25"East a distance of 92.48 feet; and North 01°55'47"East a distance of 721.10 feet,more or less,to the south right-of- way line of S.W.Bull Mountain Road(C.R.No A147-1/2)being 33.00 feet south of,when measured at right angles to,the centerline said road; thence along said south right-of-way line,North S 88°03'19"East a distance of 567.00 feet to the northeast corner of said Arlington Heights,also being the west line of that subdivision recorded as Thornwood; thence along the east line of said Arlington Heights,also being the west line of said Thomwood and along the west line of Washington County Partition Plat No 2004-071,South 01°55'47" West a distance of 584.44 feet to the southeast corner of said Arlington Heights,also being the northeast corner of said Arlington Heights No.2; thence along the east line of said Arlington Heights No.2,also being the west line of said Partition Plat No 2004-071,South REGISTERED 01°55'47"West a distance of 167.37 feet to the Point of PROFESSIONAL Beginning. I D SURVEYOR Bearings are based upon plat of Arlington Heights. IJ Ai OREGON Area includes 15.164 acres,more or less. JULY 25. 1990 GARY R. ANDERSON 2434 RENEWS: t,;r 1(7— ZONE 2 EXHIBIT A LEGAL DESCRIPTION AKS ENGINEERING&FORESTRY,LLC 12965 SW Herman Road,Suite 100,Tualatin,OR 97062 P:(503)563-6151 F:(503)563-6152 AKS Job#4105 ENGINEERING&FORESTRY OFFICES IN: TUALATIN,OR - VANCOUVER,WA - SALEM,OR Legal Description Adjusted Document Number 2014-050870 A tract of land located in the Southeast One-Quarter of Section 9, Township 2 South,Range 1 West, Willamette Meridian, Washington County, Oregon and being more particularly described as follows: Beginning at a 5/8 inch iron rod with a yellow plastic cap inscribed"ALPHA COM. DEV."at the southeast corner of the Plat of"Summit Ridge No. 3",being on the southerly right-of-way line of SW Summit Ridge Street(variable width right-of-way);thence along the west line of the Plat of"Summit Ridge"and the west line of the Plat of"Summit Ridge No. 2", South 01°14'45" West 243.77 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed "ALPHA ENG. INC." at the northwest corner of Lot 112 of the Plat of"Summit Ridge No. 2";thence North 88°45'31" West 201.53 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"AKS ENGR."on the east line of Document Number 2014-050873;thence along said east line North 01°15'46"East 246.39 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"ALPHA COM. DEV."on the said southerly right-of-way line;thence along said southerly right-of-way line South 88°00'47"East 201.48 feet to the Point of Beginning. The above described tract of land contains 1.13 acres, more or less. 10/08/2014 REGISTERED 1 PROFESSIONAL LAND SURVEYOR niima OREGON JANUARY 9, 2007 NICK WHITE 70652LS RENEWS: 6/30/16 Exhibit 1 50014-36794 Annexation Contract(So.ee Anderson end Scott Anderson).DOCXIW3i92015 EXHIBIT A CITY OF TIGARD ANNEXATION—ZONE 3 LEGAL DESCRIPTION Three tracts of land in the Northeast one-quarter of Section 9,Township 2 South,Range 1 West of the Willamette Meridian;being those properties as conveyed by Documents Numbered 94- 103624,2006-071614,2015-084763,2011-008852,2014-000610,2008-065908 and Book 871, Pages 544-545,all Washington County Deed Records;in the City of Tigard,Washington County,Oregon;and being more particularly described as follows: TRACT A Beginning at the southeast corner of Lot 21 in the subdivision plat recorded as Alpine View,also being a point on the west right-of-way line of S.W.Alpine Crest Way a 50-foot wide roadway; thence along said west right-of-way line,and along the west line of Tract`D'of said plat of Alpine View,South 00°04'52"East a distance of 406.90 feet,more or less,to the north right-of- way line of S.W.Bull Mountain Road(C.R.No.2515)being 20.00 feet north of,when measured at right angles to,the centerline said road; thence along said north right-of-way line,North 60°59'05"West a distance of 451.72 feet,more or less,to east right-of-way line of S.W. 133rd Avenue,width varies to 50-foot wide roadway; thence along said east right-of-way line,North 00°00'59"West a distance of 227.27 feet,more or less,to the south line of Lot 35 in the subdivision plat recorded as Three Mountains Estates; thence along said south line,South 89°49'59"East a distance of 151.73 feet to the west line of said plat of Alpine View; thence along said west line,South 00°00'08"East a distance of 38.55 feet to the south line of the westerly portion of said plat of Alpine View; thence along last said south line,South 89°53'02"East a distance of 242.78 feet to the Point of Beginning. Bearings are based upon plat of Alpine View. Area includes 2.832 acres,more or less. TRACT B Beginning at the southwest corner of Lot 20 in the subdivision plat recorded as Alpine View, being a point on the east right-of-way line of SW Alpine Crest Way a 50-foot wide road,also being the northeast corner of Tract`D'of said Alpine View; thence along the southerly lines of the eastern portion of said plat of Alpine View,the following five courses: North 89°39'48"East a distance of 103.30 feet; South 00°1 5'12"West a distance of 100.00 feet; North 89°52'48"East a distance of 33.30 feet; South 02°02'57"West a distance of 162.19 feet; and North 89°52'48"East a distance of 138.89 feet to the southeast corner of said plat of Alpine View,also being the west line of that property conveyed by Document No.78-031858, Washington County Deed Records; thence along said west line,South 00°01'12"East a distance of 283.00 feet,more or less,to the north right-of-way line of S.W.Bull Mountain Road(C.R.No.2515)being 20.00 feet north of, when measured at right angles to,the centerline said road; thence along said north right-of-way line,North 60°59'05"West a distance of 307.32 feet,more or less,to east line of said Tract`D'; EXHIBIT A CITY OF TIGARD ANNEXATION—ZONE 3 LEGAL DESCRIPTION Page 2 thence along said east line,North 00°04'52"West a distance of 395.12 feet to the Point of Beginning. Bearings are based upon plat of Alpine View. Area includes 2.016 acres,more or less. TRACT C Beginning at the northeast corner of Tract"B"within the subdivision plat recorded as Wilson Ridge,also being a point on the south line of said plat's Lots 7 through 11 and Tract"A"; thence along said south line and an easterly extension thereof,South 87°43'44"East a distance of 402.59 feet to the west right-of-way line of S.W. 133rd Avenue,a 50-foot wide roadway; thence along said west right-of-way line,South 01°31'25"West a distance of 190.10 feet,more or less,to the north line of that property conveyed by Document No.96-108423,Washington County Deed Records; thence along said north line,North 87°43'44"West a distance of 402.60 feet to the east line of said Tract"B"within plat of Wilson Ridge; thence along said east line,North 01°31'37"East a distance of 190.10 feet,more or less,to the Point of Beginning. Bearings are based upon plat of Wilson Ridge. REGISTERED Area includes 1.757 acres,more or less. PROFESSIONAL D SURVEYOR nl fj�� OREGON JULY 25. 1990 GARY R. ANDERSON 2434 RENEWS:(2-(1( /1 f' '7- EXHIBIT A CITY OF TIGARD ANNEXATION—ZONE 4 LEGAL DESCRIPTION A tract of land in the Northeast quarter of Section 9,Township 2 South,Range 1 West of the Willamette Meridian;being a portion of that property conveyed by Document Number 2016- 069324,Washington County Deed Records;in the City of Tigard,Washington County,Oregon; and being more particularly described as follows: Beginning at the northeast corner of said property,also being the initial point of the subdivision plat recorded as Raven Ridge,which point bears South 89°53'02"East 960.84 feet from the North one-quarter corner of said Section 9; thence along the westerly line of said plat of Raven Ridge,South 00°05'57"East a distance of 366.29 feet to the north right-of-way line of S.W.Wilmington Lane,being property as conveyed, to City of Tigard,by Document Number 2011-089715,Washington County Deed Records; thence along said north right of way line,South 89°54'59"West a distance of 91.86 feet to the beginning of a 203.00-foot radius curve to the left; thence along said curve,having a central angle of 13°31'44"(chord bears South 83°09'07"West a distance of 47.82 feet),along an arc length of 47.93 feet to a point of reverse curvature; thence along the arc of a 168.00 foot radius curve to the right,having a central angle of 13°38'34"(chord bears South 83°12'32"West a distance of 39.91 feet),along an arc length of 40.00 feet to a point of tangency; thence North 89°58'11"West a distance of 150.04 feet to the beginning of a 22.00-foot radius curve to the right; thence along last said curve,having a central angle of 39°27'54"(chord bears North 70°14'14" West a distance of 14.86 feet),along an arc length of 15.15 feet to a,non-tangent,point on the east line of that property conveyed be Document Number 2017-036876,Washington County Deed Records; thence along said east line North 0°05'57"West a distance of 62.46 feet,more or less,to the north line of said property conveyed be Document Number 2017-036876; thence along the north line of said property conveyed be Document Number 2017-036876,North 89°54'34"West a distance of 291.85 feet,more or less,to the east line of that subdivision plat recorded as Three Mountains Estates; thence along last said east line,North 0°01'23"East a distance of 310.11 feet,more or less,to the north line of said Section 9 also being the south line of that property conveyed by Document Number 2012-035381,Washington County Deed Records; thence along said south line,South 89°53'02"East 634.19 feet to the Point of Beginning. Bearings are based upon plat of Raven Ridge. N REGISTERED Area includes 5.012 acres,more or less. PROFESSIONAL AND SURVEYOR iiist.. ., OREGON JULY 25, 1990 ‘. GARY 2�RSON , RENEWS: Z j3 t 1(7_ EXHIBIT A CITY OF TIGARD ANNEXATION—ZONE 5 LEGAL DESCRIPTION Two tracts of land in the Southeast one-quarter of Section 5,Township 2 South,Range 1 West of the Willamette Meridian;being those properties as conveyed by Documents Numbered 80- 019854(Tract A)and 2007-009694(Tract B),both Washington County Deed Records;in the City of Tigard,Washington County,Oregon;and being more particularly described as follows: TRACT A Beginning at the southeast corner of said property,being a point on the north right-of-way line of S.W.Sunrise Lane a 20-foot wide roadway,also being an angle point along the south lines of that property conveyed by Document Number 2011-036015 in Washington County Deed Records,and which point bears North 89°50'44"West a distance of 1,017.96 feet and North 00°43'00"East a distance of 20.00 feet from the Southeast corner of said Section 5; thence along said north right-of-way line North 89°50'44"West a distance of 124.00 feet,to another angle point in said Document Number 2011-036015; thence along the southerly lines of said Document Number 2011-036015,the following three courses: North 00°43'00"East a distance of 180.00 feet; South 89°50'44"East a distance of 124.00 feet; and South 00°43'00"West a distance of 180.00 feet to the Point of Beginning. Bearings are based upon Survey Number 30,410,Washington County Surveys. Area includes 0.512 acres,more or less. TRACT B Beginning at the southeast corner of said property,being a point on the north right-of-way line of S.W.Sunrise Lane a 40-foot wide roadway,also being the west line of that property conveyed by Document Number 2011-036015 in Washington County Deed Records,and which point bears North 89°50'44"West a distance of 1,452.30 feet and North 00°41'34"East a distance of 40.00 feet from the Southeast corner of said Section 5; thence along said north right-of-way line North 89°50'44"West a distance of 107.79 feet,more or less,to the west right-of-way line of said S.W.Sunrise Lane; thence along said west right-of-way line,North 00°11'40"East a distance of 68.94 feet,to an angle point therein; thence continuing along said west right-of-way line,North 00°32'50"East a distance of 131.06 feet,more or less,to the south line of that property conveyed by Document Number 2002- 128525 in Washington County Deed Records; thence along said south line,South 89°50'44"East a distance of 108.72 feet,more or less,to said west line of that property conveyed by Document Number 2011-036015; thence along said west line South 00°43'00"West a distance of 200.00 feet to the Point of Beginning. REGISTERED Bearings are based upon Survey Number 30,410, PROFESSIONAL Washington County Surveys. ,41) ....... ......)LAND SURVEYOR Area includes 0.498 acres,more or less. OREGON JULY 25, 1990 GARY R. ANDERSON 2434 J RENEWS: 1 I /.l)I /1 EXHIBIT A CITY OF TIGARD ANNEXATION—ZONE 6A LEGAL DESCRIPTION Three tracts of land in the Northwest one-quarter of Section 4,Township 2 South,Range 1 West of the Willamette Meridian;being those properties as conveyed by Documents Numbered 90- 049980,93-023243,93-078081,94-104013(which adjusted an interior line),2004-043985 and 2006-046669,all Washington County Deed Records;and being all of Lots 6,7 and 8 plus portions of Lots 16, 17 and 21 within the subdivision plat recorded as Handy Acres;in the City of Tigard,Washington County,Oregon;and being more particularly described as follows: TRACT A Beginning at the northeast corner of said Lot 6 of Handy Acres,also being a point on the south line of the subdivision plat recorded as Castle Hill No.2 and being the northwest corner of Tract "A"within the subdivision plat recorded as Rose Meadows; thence along the west line of said Plat of Rose Meadows,South 02°13'33"West a distance of 626.48 feet,more or less,to north right-of-way line of S.W.Fern Street,a 50-foot wide roadway; thence along said north right-of-way line,through the arc of a 691.25 foot radius curve to the right,having a central angle of 12°06'31"(chord bears North 72°00'12"West a distance of 145.81 feet),along an arc length of 146.09 feet,more or less,to a point of tangency; thence along said north right-of-way line,North 65°56'56"West a distance of 398.07 feet,more or less,to the west line of said Lot 8 of Handy Acres,also being the east line of that property conveyed by Document Number 2017-025954,Washington County Deed Records; thence along said west line,North 02°14'16"East a distance of 428.21 feet,more or less,to the north line of said Handy Acres,also being said south line of Castle Hill No.2; thence along said north line,South 88°58'14"East a distance of 509.88 feet to the Point of Beginning. Bearings are based upon plat of Castle Hill No.2. Area includes 6.250 acres,more or less. TRACT B Beginning at the northwest corner of said Lot 21 of Handy Acres,being a point on the south right-of-way line of S.W.Fern Street,a 50-foot wide roadway; thence along the west line of said Lot 21,South 02°16'07"West a distance of 519.30 feet to the north line of the subdivision plat recorded as Hillshire Crest; thence along said north line,South 88°43'51"East a distance of 120.00 feet to the west line of that property conveyed by Document Number 2015-019841,Washington County Deed Records; thence along said west line,North 02`16'07"East a distance of 250.00 feet to the south line of that property conveyed by Document Number 81-016766,Washington County Deed Records; thence along said south line,North 88°43'51"West a distance of 70.00 feet to the west line of said property conveyed by Document Number 81-016766; thence along last said west line,North 02°16'07"East a distance of 283.35 feet,more or less,to said south right-of-way line of S.W.Fern Street; thence along said south right-of-way line,through the arc of a 333.12 foot radius curve to the left,having a central angle of 8°59'02"(chord bears South 75°39'10"West a distance of 52.18 feet),along an arc length of 52.23 feet,more or less,to the Point of Beginning. Bearings are based upon plat of Hillshire Crest. Area includes 1.007 acres,more or less. EXHIBIT A CITY OF TIGARD ANNEXATION—ZONE 6A LEGAL DESCRIPTION Page 2 TRACT C Beginning at the northeast corner of said Lot 17 of Handy Acres,being on the south right-of-way line of S.W.Fern Street,a 50-foot wide roadway,also being on the most northerly west line of the subdivision plat recorded as Hillshire Woods; thence along the east line of said Lot 17,South 00°43'00 West a distance of 226.19 feet,more or less,to an angle point along the north line of that property conveyed by Document Number 2017-029518,Washington County Deed Records; thence along said north line,South 89°43'30"West a distance of 200.00 feet,more or less,to the southwest corner of said property conveyed by Document Number 93-078081,also being an angle point in the north line of said property conveyed by Document Number 2017-029518; thence along the west line of said property conveyed by Document Number 93-078081,North 00°43'00"East a distance of 225.86 feet,more or less,to said south right-of-way line of S.W. Fern Street; thence along said south right-of-way line,North 89°37'50"East a distance of 200.03 feet,more or less,to the Point of Beginning. Bearings are based upon plat of Handy Acres. Area includes 1.049 acres,more or less. REgSTE PROFESSIONON AL D SURVEYOR OREGON JULY 25. 1990 GARY R. ANDERSON ` 2434 RENEWS: 1 zt;t 117.. EXHIBIT A CITY OF TIGARD ANNEXATION—ZONE 6B LEGAL DESCRIPTION A tract of land in the Northwest one-quarter of Section 4,Township 2 South,Range 1 West of the Willamette Meridian;being that property conveyed by Document Number 2004-000581, Washington County Deed Records;and being a portion of Lot 19 within the subdivision plat recorded as Handy Acres;in the City of Tigard,Washington County,Oregon;and being more particularly described as follows: Beginning at the northwest corner of said Lot 19 of Handy Acres,being on the south right-of- way line of S.W.Fern Street,a 50-foot wide roadway,also being on the most northerly east line of the subdivision plat recorded as Hillshire Woods; thence along the west line of said Lot 19,South 00°43'00 West a distance of 305.00 feet to the north line of that property conveyed by Document Number 2015-081869,Washington County Deed Records; thence along said north line,South 89°17'00"East a distance of 140.25 feet to the southeast corner of said property conveyed by Document Number 2004-000581,also being an angle point in the west line of said property conveyed by Document Number 2015-081869; thence along last said west line,North 00°43'00"East a distance of 225.70 feet,more or less,to the southwest corner of that property conveyed by Document Number 93-072466,Washington County Deed Records; thence along the west line of said property conveyed by Document Number 93-072466,North 41°51'11"West a distance of 133.41 feet,more or less,to said south right-of-way line of S.W. Fern Street; thence along said south right-of-way line,through the arc of a 383.75 foot radius curve to the right,having a central angle of 7°59'23"(chord bears South 69°57'53"West a distance of 53.47 feet),along an arc length of 53.51 feet to the Point of Beginning. Bearings are based upon plat of Handy Acres. Area includes 0.930 acres,more or less. REGISTERED PROFESSIONAL 0 SURVEYOR GON JULY 25, 1990 GARY R. ANDERSON 2434 RENEWS: ( Z'T I ( (} EXHIBIT A CITY OF TIGARD ANNEXATION—ZONE 7 LEGAL DESCRIPTION A tract of land in the Northeast one-quarter of Section 35,Township 1 South,Range 1 West of the Willamette Meridian;being that property as conveyed by Document Number 2016-084003, Washington County Deed Records;in the City of Tigard,Washington County,Oregon;and being more particularly described as follows: Beginning at the southeast corner of said property,also being the northeast corner of and the "Initial Point"for that subdivision plat recorded as Myers Estates; thence along the north line of said Myers Estates,North 89°11'19"West a distance of 86.00 feet, more or less,to the east line of that property conveyed by Document Number 2007-062866, Washington County Deed Records; thence along said east line,North 0°01'09"West a distance of 114.83 feet,more or less,to the south right-of-way line of S.W.Spruce Street,a 60-feet wide roadway; thence along said south right-of-way line,North 89°54'00"East a distance of 85.81 feet,more or less,to the west line of that property conveyed by Document Number 2014-046761,Washington County Deed Records; thence along said west line,South 0°06'38"East a distance of 116.20 feet to the Point of Beginning. Bearings are based upon the subdivision plat recorded as Myers Estates. Area includes 0.225 acres,more or less. REGISTERED PROFESSIONAL D SURVEYOR 1. GREG(/ JULY 25, 1990 GARY R. ANDERSON 2434 J RENEWS: 1-7(3 1 (f } EXHIBIT A CITY OF TIGARD ANNEXATION—ZONE 8 LEGAL DESCRIPTION A tract of land in the Southwest one-quarter of Section 25,Township 1 South,Range 1 West of the Willamette Meridian;being that property as conveyed by Document Number 96-031853, Washington County Deed Records;in the City of Tigard,Washington County,Oregon;and being more particularly described as follows: Beginning at a point on the north line of said property,being the southwest corner of and also the "Initial Point"of the subdivision plat recorded as Jackson Woods; thence along said north line,also being the south line of said plat of Jackson Woods,South 89°25'51"East a distance of 98.78 feet to the west line of the subdivision plat recorded as Weigela Terrace; thence along said west line of the plat of Weigela Terrace,South 0°30'24"West a distance of 182.00 feet to the north right-of-way line of S.W.Landau Street a variable width roadway; thence along said north right-of-way line,North 89°25'47"West a distance of 141.37 feet,more or less,to the east line of Partition Plat 1990-051; thence along said east line,North 0°32'29"East a distance of 182.00 feet to the south line of that property conveyed by Document Number 2013-059048,Washington County Deed Records; thence along said south line,South 89°25'51"East a distance of 42.48 feet to the Point of Beginning. Bearings are based upon plat of Weigela Terrace. Area includes 0.609 acres,more or less. REGISTERED PROFESSIONAL D SURVEYOR (114 -- OREGON JULY 25. 1990 GARY R. ANDERSON 2434 RENEWS:(Cr i ((1 EXHIBIT A CITY OF TIGARD ANNEXATION—ZONE 9 LEGAL DESCRIPTION A tract of land in the Northeast quarter of Section 15,Township 2 South,Range 1 West of the Willamette Meridian;being that property conveyed by Document Number 2016-009644, Washington County Deed Records;in the City of Tigard,Washington County,Oregon;and being more particularly described as follows: Beginning at the southeast corner of said property,being a point on the south line of Lot 24 in the subdivision plat recorded at Willow-Brook-Farm,said point being North 89°50'24"West a distance of 90.00 feet from the northwest corner of a subdivision plat recorded as Rebecca Park; thence along said south line,North 89°50'24"West a distance of 484.00 feet,more or less,to the east right-of-way line of S.W. 113th Avenue a 40-foot wide roadway; thence along said east right-of-way line,North 0°01'30"East a distance of 90.00 feet to the south line of that property conveyed by Document Number 2015-061675,Washington County Deed Records; thence along said south line,South 89°50'24"East a distance of 484.00 feet,more or less;to the most southerly west line of said property conveyed by Document Number 2015-061675; thence along said most southerly west line,South 0°00'45"West a distance of 90.00 feet to the point of Beginning. Bearings are based upon Survey Number 19,372,Washington County Surveys. Area includes 1.000 acres,more or less. REGISTERED PROFESSIONAL LAND SURVEYOR AALso—C=n JULY 251990 GARY R. ANDERSON 2434 RENEWS: 'tug (11 6 S.W. BULL MOUNTAIN ROAD 0 100' 200' %88'03'..---.------ 7;77---.------...00'7 L I I 4000 SCALE:1"=200' S.W. %INTERVIEW DRIVE O\ 4 op o ���'Kt In N .S0rN G --1 to ot 0 P'J� ^u) `• ni- Q� o ON4 Z5 54.E QR-in P /6, q z ��e� ` Q ti0G� N S88'50'25"E 92.48' s N01'55'47"E 167.37'.- OINT OF BEGINNING BEING THE EAST ONE—QUARTER 9 10 CORNER OF SECTION 9 a 'S %01'45'30"E 86.80' i i �1 5`�40 9, To- '' e- 01'11'29"E 65.87' �O, a; �P�a 1 %88'14'30"W 2.82' �� b S�MMERNEs2<<' 2°,144,s,c:<:: ZONE 1 — EXHIBIT B N37'29'33"W 140.67' s• r1coGj6 �O s.w. �' LOCATED IN THE EAST 1/2 OF SECTION 9 \�G M TUMNV)EST. 9 N41'09'15"W 134.27' S' :r TOWNSHIP 2 S., RANGE 1 W., W.M. (a P� o WASHINGTON COUNTY, OREGON qRz/N / � z %71'02'09"W 105.57'� GTON L, / ` DATE S84'57'06"W 113.51 yF/GyT 6/12/17 WESTLAKE o %81'44'42"W 69.97' NO DRAWN BY GRA III CONSULTANTS Inc. 0 3 %90'00'00"W 180.05' CHECKED BY %07'15'19"W 73.53 Us ENGINEERING • SURVEYING • PUNNING 01 01 REVISION PACIFIC CORPORATE CENTER 15115 3,W.SEQUOIA PARKWAY,SURE 150 (503)584-0552 9 IDB No. 0330-020 TIGARO, OREGON 97224 FAx(503)524-0157 9 EXHIBIT B A TRACT OF LAND LOCATED IN THE SE 1 /4 OF SEC. 9, T2S, R1 W, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON POINT OF BEGINNING SE CORNER OF "SUMMIT RIDGE NO. 3" I J iI I I I "SUMMIT I �` RIDGE ND. 3" J N SW SUMMIT RIDGE STREET -TIGARD N :.• . . . - - CITY LIMITS - - - - 588'00'47"E N86 00'47"W 201.48' N PGARD Q 202.02' .��MIT CITY LIMITS N Q, TRUE POINT o RIDGE rn EXH. A "' OF BEGINNING o N. N DOC. NO. EXH. D N. w 2014-070764• 3 DOC. NO. o of AREA 2014-071527 o o T 1.23 ACRES± T II - 5 N88'45'31"W— N o �No. 2" '' 0 76.18' GE RID W " U MNpOD51DE_ •_- • a • _. • 11GARD c., x I N88'45'31"W CITY UNITS Z co 125.82' S0115'46"W 29.99' o o , M oEXH. B EXH. B DOC. NO. DOC. NO. SW KOSTEL ANNEXATION CERIIFIE, 2014-070764 2015-034421 LANE BY__.I , I III i FEB 0 8 24415 201 b tr`•, 1 WASHINGTON COUNTY A & T LEGEND !'i±RTOGRAPHY 0 3/4" IRON PIPE 01/29/2016 0 5/8" IRON ROD W/YPC REGISTERED INSCRIBED "ALPHA COM. DEV." PROFESSIONAL 0 5/8" IRON ROD W/YPC LAND SURVEYOR INSCRIBED "AKS ENGR." / �f PREPARED FOR /f VENTURE PROPERTIES ANDERSON PROPERTY OREGON[.. 4230 SW GALEWOOD ST, DRAWN BY:MSK CHECKED BY:SRB Dwc:ANNEX-ANDERSON Joe: 4105 JANUARY 9, 2007 SUITE 100 AKS ENGINEERING & FORESTRY, LLC NICK WHITE LAKE OSWEGO, OR 97035 12965 SW HERMAN RD SUITE 100 70652LS 1UALATIN, OR 97062 www.aks-eng.com RENEWS: 6/30/16 PHONE: 503.563.6151 FAX: 503.563.6152 AlS9 • r a 0 w POINT OF BEGINNING "A" ES U 0 100' 200' I 1 BEING THE SOUTHEAST CORNER OF w OINT OF BEGINNING "B" LOT 21, ALPINE VIEW z SCALE:1"=200' d BEING THE SOUTHWEST CORNER OF ����P� �� Q /LOT 20, ALPINE VIEW S89'49'59"E 151.73'-,z �pJ�P,h•S P\Q A\ 3 Q\5 J vi S00'00'08"E 38.55' N8 9 '39'48"E 103.30' N00'00'59"W 227.27'--\o e`A.‘� a MS89'53'02"EJ 1 \ JS00'15'12"W 100.00'0.00' -` ' \0 o., '242.78 00 w -cv N89'52'48"E 33.30' vii mo=o"? I BOOK cc; w - '/-N8952'48"E S02'02'57"W 162.19' o f I Z rn Ili o 6Ow I 200' 574ES'-'-' a M 138.89' o v -575 N <v 100 o 1,4 o Ng0S9. o I- -d'n OS" o a o E ° POINT OF BEGINNING "C" aN4 S4s� is o o. "°I o o BRACT B,EING EWILSON RIDGEST CORNER OF ���OGF• •�1! 6� _\ ^ho0 1 0'��°� 013 Q 44 Ic' 1 400 2-S00'01'12"E a 587'43'44"E 402.59' j Mp�NTq/ 1 c) oryo 282.99' Lu I -� � N01'31'37"E 190.10'-� \\ DOC. NO. RO90 o Q o \ 2014-000610 Q IT rn N 2008-65908. NO. — o -N60'59'05"W 307.32' LOCAOTEDCN THE NE EXO IBF ECTIONB 9 o �N87'43' 44"W 402.60- 'o 501 31'25"W 190.10' TOWNSHIP 2 S., RANGE 1 W., W.M. a DOCUMENT NO. WASHINGTON COUNTY, OREGON O 96-108423 N w OATS 6/12/17 DRAWN BY III WESTLAKE (CI CHECKED BY GRA CONSULTANTS ,,c. o LJS ENGINEERING • SURVEYING • PLANNING cn RE ASTON PACIFIC CORPORATE CENTER 9 15115 S.W. SEQUOIA PARKWAY, SUITE 150 (503)884-0852 i JOB NO. TIGARD, OREGON 97224 FAX(503)624-0157 0330-020 0 I 5� 100 POINT OF BEGINNING SCALE:1"=100' BEING THE NORTHWEST CORNER OF RAVEN RIDGE DOCUMENT NO. 2012-035381 \ \--- S89'53'02"E 634.19' E1 2 oe C _ I "PPR GO- 4 00C• Np693.1 a o 02 6,06932 2.06- �p,OGF. g; �F`��\ "' R=203.00' A=13'31'44" L=47.93' 6 c J\\ S N CH.=S83'09'07"W 47.82' co o F`-P - I P R=168.00' X13'38'34" L=40.00' iN ° o CH.=S83'12'32"W 39.91' in o c. z o o R=22.00' A=39'27'54" L=15.15' N 4 N00'05'57"W 62.46'/ \N8958i1 .W1L CH.=N70'14'14"W 14.86' UtI II N89'54'34"W 291.85' 5004'� DOCUMENT NO. ZONE 4 — EXHIBIT B m 2017-036876 1- o0 w I DOCNO. 2011-089715 — LOCATED IN THE NE 1/4 OF SECTION 9 . �-- a —0S.W. WILMINGTON LANE TOWNSHIP 2 S., RANGE 1 W., W.M. WASHINGTON COUNTY, OREGON o w z S89'54'59"W 91.86') Ui a 7 Q DATE 6/12/17 III WESTLAKE n DRANK BY GRA CONSULTANTS ,c. 0 (n CHECKED BY O U S ENGINEERING • SURVEYING • PLANNING co REVISION mow CORPORATE CENTER JOB NO. 15115 S.W. SEQUOIA PARKWAY, SUITE 150 (503)584-0552 ' 0330-020 TIGARD. OREGON 97224 FAX(503)624-0157 • DOCUMENT NO. 2002-128525 0 30' 60' S89'50'44"E 108.72' SCALE:1"=60' i i 1 7.0 S89'50'44"E 124.00' �.\. 17) DOCUMENT NO. o w p 2011- 036015 O a `n o C9 Z r) CV a p DOCUMENT NO. 0 0 —J O 2007-009694 0 a w Z co co k Fw DOCUMENT NO. N o 80-019854 (.-)(.-) 0 0 0 0 O v) in POINT OF BEGINNING "BIn o o 2011-036015 DOCUMENT NO. PS, —N0011'40"E 68.94' o 0 z In CD o N89'50'44"W 107.79' a ce inI k„—N89'50'44"W 124.00' / W I S.W. SUNRISE LANE > I 0 0 POINT OF BEGINNING "A' "0 O .-- o U Ui w ne DATE ZONE 5 - EXHIBIT B DRAWN BY 6/1 /17 H WCONESTLAKE TS lAc o LOCATED IN THE SE 1 4 OF SECTION 5 CHECKED BY LJS ENGINEERING • SURVEYING • PLANNING i oTOWNSHIP 2 S., RANGE 1 W., W.M. REVISION PACIFIC CORPORATE CENTER 9 WASHINGTON COUNTY, OREGON JOB NO. 15115 S.W. SEQUOIA IA PARKWAY, SUITE 150 24FAX(503)824- 0857 TIGAR0330-020 - - ----- • POINT OF BEGINNING "A" BEING THE NORTHEAST CORNER OF *\((' LOT 6, HANDY ACRES GP7 \.. 0 100' 200' �.— S88'58'14"E 509.88' —. �o I I I i SCALE:1"=200' R=333.12' &8'59'02" I L=52.23' N CH.=S75'39'10"W a o0 h CN/ rn POINT OF BEGINNING "B" 52.18' •<;-+, w ��� I n — BEING THE NORTHWEST CORNER OF a^/ i° '' �^, I N LOT 21, HANDY ACRES °(V 0 o�O I 2p^'� CO ( O NO V'O'A 3 OCDC 5 et CD z I01 I o h� Poo SCREE 1 2p?)(N, I I �� o co POINT OF BEGINNING 4 "C" sw' FERN i �o.f. �N6 °p�o�o� N m BEING THE NORTHEAST CORNER OF o SS6' LOT 17, HANDY ACRES o0� S 56' 1 ° ID NO2'16'07"E k! FF�,�980> P. N89'37'50"E °' 283.35' 200.03' S.W. FERN STREET ,n STRFFT N88'43'51"W P �\�F, ZP��``'c.o^0 70.00' R=691.25' &12'06'31" a N00'43'40"E p'47' • ��c'ON- P�' io 4,0 NO2'16'07"E L=146.09' 225.86' 2^� ``AP \' c' O a' 250.00' CH.=N72'00'12"W o0 0 0 =o i, 145.81' I °�,� S00'43'40"W � pc,•oN1 0'4?) q' Zp.�0'�^ 226.19' °�o hPZONE 6 A - EXHIBIT B U o °00.. U v.^i 1 pryp ti LOCATED IN THE NW 1/4 OF SECTION 4 h TOWNSHIP 2 S., RANGE 1 W., W.M. a S89.43'30"W WASHINGTON COUNTY, OREGON r 200.02' S88'43'51"E 111 c 120.00' DATE ( r 111 WESTLAKE O ��cSlY DRAM BY 6/13/17 GRA CONSULTANTS u+c. O CHECKED BY US ENGINEERING • SURVEYING • PLANNING a REVISION cn m PACIFIC CORPORATE CENTER O JOB NO. 15115 S.W. SEQUOIA -0652 TIGARD, OREGON 97224 FAX SUITE 150 FAX(503)824 00157 =, _ 0330-020 0 POINT OF BEGINNING BEING THE NORTHWEST CORNER OF LOT 19, HANDY ACRES 0 30' 60' I I I SIg SCALE:1"=60' S W FERN \ 1 4/7 DOCUMENT NO. !S 93-072466 4- / ki - lki ki 4 RJ, 0 .4 —R=383.75' A=7'59'23" v a L=53.51' v_ id CH.=S69'57'53"W ,o O \6C, Po 53.47' 2015-081869 3 o \>, oop`� ID o N tri M CV Q d' DOCUMENT NO. N d 0 2004-000851 w c` (n r. Io 3 M 1 9, O 0 o z ZONE 6B — EXHIBIT B U) o LOCATED IN THE NW 1/4 OF SECTION 4 o TOWNSHIP 2 S., RANGE 1 W., W.M. 4 WASHINGTON COUNTY, OREGON 0r tu 1,1- S89'17'00"E 140.25' DATE 6/12/17 III WESTLAKE DRAWN BY O GRA CONSULTANTS wc. DOCUMENT NO. CHECKED BY 2015-081869 US ENGINEERING • SURVEYING • PLANNING 2 REVISION PACIFIC CORPORATE CENTER M 15115 S.R. SEQUOIA PARKWAY. SUITE 150 (503)684-0652 JOB NO. TIGARD, OREGON 97224 FAX(503) 624-0157 0330-020 4440 0 15' 30' S.W. SPRUCE STREET I I I SCALE:1"=30' .- N89'54'00"E 85.81' -.\ I \ 4 DOCUMENT NO. "toDOCUMENT NO. 2007-062866 CO N 2014-046761 4 ca a W 01 DOCUMENT NO. too 0 2016-084003 r7 O O 2 r. 2 O O Z O UI n Q Di o1 O \ N `` / N89'11'19"W 86.00' - ZONE 7 - EXHIBIT B O 45)-,cc,5 LOCATED IN THE NE 1/4 OF SECTION 35 TOWNSHIP 1 S., RANGE 1 W., W.M. 4 .0,- WASHINGTON COUNTY, OREGON U] w 5 POINT OF BEGINNING DATE - ii BEING THE NORTHEAST CORNER DRAWN BY 6/14/17 III WESTLAKE d GRA CONSULTANTS mc. o OF LOT 5, MYERS ESTATES CHECKED BY US ENGINEERING • SURVEYING • PLANNING 0 coco REVISION PACIFIC CORPORATE CENTER O JOB NO. 15115 S.W. SEQUOIA PARKWAY. SUITE 150 (503) 884-0852 0330-020 TIGARD. OREGON 97224 FAX(503) 824-0157 40 POINT OF BEGINNING 0 30' 60' BEING THE SOUTHWEST CORNER I I I OF LOT 5, JACKSON WOODS SCALE:1"=60' P /S89'25'51"E 98.78' S89'25'51"E 42.48' a o 0 U) co er1 p/ DOCUMENT NO. 3 ,�6 , Q 1�Ap N96-031853 N4:„ P O Q. • oQ • M r7 0 p 0 0 o Z N 4 a 1 1 b �''s N89'25'47"W 141.37' —' ZONE 8 - EXHIBIT B "' S.W. LANDAU STREET 3 LOCATED IN THE SW 1/4 OF SECTION 25 a TOWNSHIP 1 S., RANGE 1 W., W.M. 4 WASHINGTON COUNTY, OREGON 0w DAIS 6/14/17 DRAWN BY III O W E STLAKE GRA CONSULTANTS u«. O CHECKED BY O us ENGINEERING • SURVEYING • PLANNING RENSIDN PACIFIC CORPORATE CENTER 915115 S.W. SEQUOIA PARKWAY.SUITE 150 (503)884-0852 _ JOB NO. 0330-020 TIGARD,OREGON 97224 FAX(503)624-0157 0 < 0 30' so' L4 I I ,�-� SCALE:1-=60' ��0o 'v° o �o ,4. �v ,O ti -- S89'50'24"E 484.00' --.` aw 0 0 0 0 z,,C.?,, Kr a Q w O DOCUMENT NO. o M 2016-009644 r o M O Q O r- O O 3 z 0 ,(7),P- vi ,` (.11 N89'50'24"W 484.00' N89'50'24"W CD 90.00' GOP ce CO � POINT OF BEGINNING 0 N FP�4 ZONE 9 - EXHIBIT B o e-- rt. LOCATED IN THE NE 1/4 OF SECTION 15 6 ,0 TOWNSHIP 2 S., RANGE 1 W., W.M. 40 04`, WASHINGTON COUNTY, OREGON 111 4' 5 DATE DRAWN BY 6/14/17 III WESTLAKE O GRA CONSULTANTS ac. OCHECKED BY p US ENGINEERING • SURVEYING • PLANNING m REVISION m PACIFIC CORPORATE CENTER OJOB NO. 15115 S.R. SEQUOIA PARKWAY,SUITE 150 (509)884-0652 0330-020 TIGARD,OREGON 97224 FAX(503)624-0157 EXHIBIT"C" Hearing Date:June 27,2017 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL )11 FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: ISLAND ANNEXATIONS CASE NO: Zone Change Annexation (ZCA) ZCA2017-00001 TO ZCA2017-00010 APPLICANT: City of Tigard OWNERS: Multiple Attn:Liz Newton 13125 SW Hall Boulevard Tigard, OR 97223 PROPOSAL: The City of Tigard is proposing to annex ten different areas of unincorporated land, all of which are completely surrounded by land in the City of Tigard jurisdiction. These ten unincorporated "islands" contain multiple properties, ranging in number from one to 55 parcels. LOCATIONS AND ZONING DESIGNATIONS: TAX ID NUMBER SITE ADDRESS COUNTY ZONE CITY ZONE 1S125CD04200 7505 SW LANDAU ST R-5 R-4.5 1S135AD02800 8540 SW SPRUCE ST R-15 R-25 2S104BC00200 13995 SW FERN ST R-6 R-7 2S104BC01300 14444 SW FERN ST R-6 R-7 2S104BC01500 R-6 R-7 2S104BC01800 14150 SW FERN ST R-6 R-7 2S104BD01600 13865 SW FERN ST R-6 R-7 2S104BD09200 13985 SW FERN ST R-6 R-7 2S105DD00900 15065 SW SUNRISE LN R-6 R-7 2S105DD01200 14905 SW SUNRISE LN R-6 R-7 2S109AB00400 R-6 R-7 2S109AB00500 14023 SW ALPINE CREST R-6 R-7 2S109AB01100 13265 SW BULL MOUNTAIN R-6 R-7 2S109AB01400 13285 SW BULL MOUNTAIN R-6 R-7 2S109AB01600 13379 SW BULL MOUNTAIN R-6 R-7 2S109AB01700 13395 SW BULL MOUNTAIN R-6 R-7 2S109AC00300 14665 SW 133RD AVE R-6 R-7 2S109AC00400 14635 SW 133RD AVE R-6 R-7 2S109ACO2300 13175 SW BULL MOUNTAIN R-6 R-7 2S109AD03800 12525 SW WIN 1'ERVIEW DR R-6 R-7 ISLAND ANNEXATIONS ZCA2017-00001 TO ZC A2017-00010 PAGE 1 OF 16 2S109AD03900 12557 SW WINThRVIEW DR R-6 R-7 2S109AD04000 12589 SW WIN lERVIEW DR R-6 R-7 2S109AD04100 12615 SW WIN 1'ERVIEW DR R-6 R-7 2S109AD04200 12639 SW WIN IERVIEW DR R-6 R-7 2S109AD04300 12663 SW WIN I'ERVIEW DR R-6 R-7 2S109AD04400 12687 SW WIN lERVIEW DR R-6 R-7 2S109AD04500 12692 SW WIN'IERVIEW DR R-6 R-7 2S109AD04600 12668 SW WIN 1ERVIEW DR R-6 R-7 2S109AD04700 12644 SW WINTERVIEW DR R-6 R-7 2S109AD04800 12620 SW WIN IERVIEW DR R-6 R-7 2S109AD04900 12657 SW'1'ERRAVIEW DR R-6 R-7 2S109AD05000 12673 SW TERRAVIEW DR R-6 R-7 2S109AD05100 12653 SW SUMMERVIEW CT R-6 R-7 2S109AD05200 12685 SW SUMMERVIEW CT R-6 R-7 2S109AD05300 12690 SW SUMMERVIEW CT R-6 R-7 2S109AD05400 12658 SW SUMMERVIEW CT R-6 R-7 2S109AD05500 12626 SW SUMMERVIEW CT R-6 R-7 2S109AD05600 12753 SW TERRAVIEW DR R-6 R-7 2S109AD05700 12781 SW TERRAVIEW DR R-6 R-7 2S109AD05800 12802 SW TERRAVIEW DR R-6 R-7 2S109AD05900 12788 SW 1'ERRAVIEW DR R-6 R-7 2S109AD06000 12774 SW TERRAVIEW DR R-6 R-7 2S109AD06100 12760 SW 1'ERRAVIEW DR R-6 R-7 2S109AD06200 12746 SW TERRAVIEW DR R-6 R-7 2S109AD06300 12732 SW l'ERRAVIEW DR R-6 R-7 2S109AD06400 14919 SW SUMMERVIEW DR R-6 R-7 2S109AD06500 14926 SW SUMMERVIEW DR R-6 R-7 2S109AD06600 12680 SW TERRAVIEW DR R-6 R-7 2S109AD06800 12662 SW'1'ERRAVIEW DR R-6 R-7 2S109AD06900 12596 SW WIN I'ERVIEW DR R-6 R-7 2S109AD07000 12564 SW WIN I'ERVIEW DR R-6 R-7 2S109AD07100 12532 SW WIN I ERVIEW DR R-6 R-7 2S109AD07200 12500 SW WIN'1'ERVIEW DR R-6 R-7 2S109AD07300 R-6 R-7 2S109AD07400 R-6 R-7 2S109AD09900 14940 SW SUMMERVIEW DR R-6 R-7 2S109DA00200 14954 SW SUMMERVIEW DR R-6 R-7 2S109DA00300 14968 SW SUMMERVIEW DR R-6 R-7 2S109DA00400 14982 SW SUMMERVIEW DR R-6 R-7 2S109DA00500 14996 SW SUMMERVIEW DR R-6 R-7 2S109DA00700 12558 SW AUTUMNVIEW ST R-6 R-7 2S109DA00800 12574 SW AUTUMNVIEW ST R-6 R-7 2S109DA00900 15012 SW SUMMERVIEW DR R-6 R-7 2S109DA01000 15024 SW SUMMERVIEW DR R-6 R-7 ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 2 OF 16 2S109DA01100 15030 SW SUMMERVIEW DR R-6 R-7 2S109DA01200 15056 SW SUMMERVIEW DR R-6 R-7 2S109DA01300 15067 SW SUMMERVIEW DR R-6 R-7 2S109DA01400 15051 SW SUMMERVIEW DR R-6 R-7 2S109DA01500 15035 SW SUMMERVIEW DR R-6 R-7 2S109DA01600 15019 SW SUMMERVIEW DR R-6 R-7 2S109DA01700 15003 SW SUMMERVIEW DR R-6 R-7 2S109DA01800 14987 SW SUMMERVIEW DR R-6 R-7 2S109DA01900 14961 SW SUMMERVIEW DR R-6 R-7 2S109DA02000 R-6 R-7 2S109DB01801 13020 SW SUMMIT RIDGE R-6 R-7 r" 2S115AB00300 16280 SW 113TH AVE R-24 R-25 APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1, Goal 11, Goal 12, and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09. SECTION II. STAFF RECOMMENDATION Staff recommends the Council find that the proposed annexations (ZCA2017-00001 to ZCA2017- 00010) meet all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends APPROVAL of ZCA2017-00001 to ZCA2017-00010 by adoption of the attached ordinances. SECTION III. BACKGROUND INFORMATION The City of Tigard is proposing to annex ten different areas of unincorporated land, all of which are completely surrounded by land in the City of Tigard jurisdiction. These ten unincorporated"islands"contain multiple properties,ranging in number from one to 55 parcels.The applicant has identified the ten proposed annexation areas as "Zones 1 through 9." Aside from the application for Zone 6B (Case No. ZCA2017-000010), the Zone Change Annexation applications for all subject sites (Case Nos. ZCA2017-00001 to ZCA2017-00009) were submitted by City of Tigard staff(instead of the property owners),and are therefore considered involuntary annexations. Zone 6B is the only proposed annexation area in this project that has been voluntarily submitted by the property owner. Zone 1 is 15.164 acres in size, and contains 55 tax lots. The site is located on the south side of SW Bull Mountain Road, north of SW Beef Bend Road, east of SW Greenfield Drive, and west of SW Pacific Highway (Highway 99W). The 55 properties in Zone 1 were originally approved as part of the Arlington Heights and Arlington Heights No. 2 Subdivisions. The properties are currently located in the Washington County R-6 District(residential 6 units per acre). ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 3 OF 16 Zone 2 is 1.13 acres in size, and is made up of one (1) tax lot (13020 SW Summit Ridge Street; WCTM 2S109DB, Tax Lot 1801). The site is located on the south side of SW Summit Ridge Street, north of SW Beef Bend Road, east of SW 133rd Avenue, and west of SW Oak Valley Terrace. The property is currently located in the Washington County R-6 District. Zone 3 contains "Tracts A through C," and is made up of seven (7) total tax lots. Tract A is 2.832 acres in size, and is made up of three (3) tax lots (13285, 13379, and 13395 SW Bull Mountain Road; WCTM 2S109AB,Tax Lots 1400, 1600,and 1700). Tract A is located on the north side of SW Bull Mountain Road, east of SW 133rd Avenue,and west of SW Alpine Crest Way.Tract B is 2.016 acres in size,and is made up of two (2) tax lots (13175 and 13265 SW Bull Mountain Road; WCTM 2S109AC, Tax Lot 2300 and WCTM 2S109AB,Tax Lot 1100). Tract B is on the north side of SW Bull Mountain Road, east of SW Alpine Crest Way, and west of SW 130th Avenue. Tract C is 1.757 acres in size,and is made up of two (2) tax lots (14635 and 14665 SW 133`d Avenue;WCTM 2S109AC,Tax Lots 400 and 300). Tract C is located on the south side of SW Bull Mountain Road,and the west side of SW 133`'Avenue.All Zone 3 properties are located in the Washington County R-6 District. Zone 4 is 5.012 acres in size, and is made up of two (2) tax lots (14023 SW Alpine Crest Way; WCTM 2S109AB, Tax Lots 400 and 500). The site is north of SW Wilmington Lane, south and east of SW Benchview Terrace, and west of SW Greenfield Drive. The properties are currently located in the Washington County R-6 District Zone 5 contains "Tracts A and B," and is made up of two (2) tax lots (14905 and 15065 SW Sunrise Lane; WCTM 2S105DD,Tax Lots 1200 and 900). Tract A is 0.512 acres in size,and Tract B is 0.498 acres in size. Both properties are located north and east of SW Sunrise Lane, south of SW Barrows Road,and west of SW Sandridge Drive.The properties are currently located in the Washington County R-6 District Zone 6A contains "Tracts A through C," and is made up of five (5) total tax lots. Tract A is 6.250 acres in size, and is made up of three (3) tax lots (13865, 13985, and 13995 SW Fern Street;WCTM 2S104BD, Tax Lots 1600 and 9200 and WCTM 2S104BC,Tax Lot 200). Tract A is located on the north side of SW Fern Street,east of SW Windsong Court,and west of SW Walnut Street.Tract B is 1.007 acres in size,and is made up of one (1) tax lot (14150 SW Fern Street; WCTM 2S104BC, Tax Lot 1800). Tract B is located on the south side of SW Fern Street, east of SW Ascension Drive, and west of SW 135t Avenue. Tract C is 1.049 acres in size, and is made up of one (1) tax lot (14444 SW Fern Street; WCTM 2S104BC, Tax Lot 1300). Tract C is located on the south side of SW Fern Street, east of SW Creekshire Drive, and west of SW Ascension Drive.All Zone 6A properties are located in the Washington County R-6 District. Zone 6B is 0.930 acres in size,and is made up of one (1) tax lot (WCTM 2S104BC,Tax Lot 1500).The site is located on the south side of SW Fern Street, east of SW Ascension Drive, and west of SW 1356 Avenue. The property is currently located in the Washington County R-6 District. The Zone Change Annexation application for Zone 6B (Case No. ZCA2017-00010) was signed by the property owner, Michael Lee Hohnbaum. Additionally, Zone 6B is the only proposed annexation area in this project that has been voluntarily submitted by the property owner. Zone 7 is 0.225 acres in size, and is made up of one (1) tax lot (8540 SW Spruce Street;WCTM 1S135AD, Tax Lot 2800). The site is located on the south side of SW Spruce Street, east of SW Hall Boulevard, and west of SW 78th Avenue. The property is currently located in the Washington County R-15 District (residential 15 units per acre). ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 4 OF 16 Zone 8 is 0.609 acres in size, and is made up of one (1) tax lot (7505 SW Landau Street;WCTM 1S125CD, Tax Lot 4200). The site is located on the north side of SW Landau Street, east of SW 77th Avenue,and west of SW 74th Avenue. The property is currently located in the Washington County R-5 District (residential 5 units per acre). Zone 9 is one (1) acre in size,and is made up of one (1) tax lot (16280 SW 113th Avenue;WCTM 2S115AB, Tax Lot 300).The site is located south of SW Durham Road,east of SW 113th Avenue,and west of SW 108th Avenue. The property is currently located in the Washington County R-24 District (residential 24 units per acre). SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS City: Community Development Code Chapters 18.320 and 18.390;Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 12,Goal 14.2 (Policies 1-4). State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE TITLE 18) Chapter 18.320.020.B: Approval Process and Standards. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1.All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; FINDINGS: As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management,Community Facilities, and Private Utilities. In addition, the Comprehensive Plan's Glossary includes public safety, parks, and transportation under Public Facilities and Services. Staff interprets the phrase "all services and facilities are available to the area" to mean the services and facilities are currently available and present in the vicinity of the proposed annexation areas, or in the case of sewer and water services, are present in the vicinity and can be made available to the proposed annexation areas through an extension. Therefore, staff finds that all services are available for the proposed annexation areas,and have adequate capacity to serve the subject sites,as detailed in the additional findings below. Stormwater—City of Tigard. City of Tigard stormwater infrastructure either currently exists adjacent to the proposed annexation areas, or can be made available to the subject sites. Additionally, any properties that are currently served by Clean Water Services will have their stormwater service transferred to the City of Tigard. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the proposed annexation areas. Water— City of Tigard/Tigard Water District. Two of the proposed annexation properties (8540 SW Spruce Street; WCTM 1S135AD, Tax Lot 2800 and 7505 SW Landau Street; WCTM 1S125CD, Tax Lot 4200) are currently located within the Tualatin Valley Water District(TVWD), and will continue to receive water service from that agency.TVWD reviewed the proposal,and had no objections. ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 5 OF 16 The other proposed annexation properties are located within the Tigard Water Service Area. City of Tigard water infrastructure either currently exists adjacent to the proposed annexation areas, or can be extended to the subject sites. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the proposed annexation areas. Sewer — City of Tigard. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation areas, or can be extended to the subject sites. Additionally, any properties that are currently served by Clean Water Services will have their sanitary service transferred to the City of Tigard. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the proposed annexation areas. Police—City of Tigard Police Department.The Washington County Sheriff's Office currently provides police services to the proposed annexation areas. If these annexation requests are approved,the properties will be withdrawn from the Enhanced Sheriff's Patrol District. The City of Tigard Police Department reviewed the proposal, and had no objections. Because of the island configurations of the proposed annexation areas,they will be more efficiently served by the City of Tigard. Fire—Tualatin Valley Fire and Rescue.The proposed annexation areas are currently located within the service area for Tualatin Valley Fire and Rescue (TVF&R). Accordingly, TVF&R currently provides fire protection and emergency medical services to the subject sites, which will not change with these annexation requests. TVF&R reviewed the proposal,and had no objections. Parks—City of Tigard. According to the Tigard Urban Services Agreement, the City of Tigard is the primary service provider of parks within the Urban Services Area.Actual provision of services depends on annexation of territory within this service area, subject to the Tigard Park System Master Plan. Staff has reviewed the annexation proposals, and determined that these requests will not adversely impact the city's ability or capacity to provide for parks and recreational needs. Streets — City of Tigard Engineering Division. The Washington County Urban Road Maintenance District currently provides maintenance and road services to the proposed annexation areas that currently contain public streets. Several of the subject properties are also located in a Washington County Service District for Lighting, and receive maintenance services for neighborhood street lights through this program. If these annexation requests are approved, the properties will be withdrawn from the Washington County Urban Road Maintenance District and Washington County Service District for Lighting. Upon annexation, street-related services will be provided by the City of Tigard. The City of Tigard Engineering Division reviewed the proposal,and had no objections. CONCLUSION: Based upon this review, staff finds that all Public Facilities and Services (as defined by the City of Tigard Comprehensive Plan) are available to the proposed annexation areas, or can be made available, and have sufficient capacity to provide service. The proposed annexations will not adversely impact levels of service within the City of Tigard.This criterion is met. 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. FINDINGS: The following City of Tigard Comprehensive Plan goals and policies apply to the proposed annexation: Goal 1.1;Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6),Goal 12, Goal 14.2 (Policies 1-4). Staff has determined that the proposal has satisfied the applicable Comprehensive Plan goals and policies based on the following findings: ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 6 OF 16 Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program.To ensure citizens will be provided an opportunity to be involved in all phases of the planning process, the city issues public notices for Type III and Type IV land use applications. City staff posted,mailed,and published notice of the public hearing as follows: the city posted public hearing notices at four public places on June 7, 2017 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and the Tigard Public Works Building); city staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site on June 1, 2017; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 8,June 15, and June 22, 2017) prior to the June 27, 2017 public hearing before Tigard City Council. In addition to the Type III and Type IV public notice procedures outlined above, city staff conducted public outreach efforts prior to submitting these annexation applications,including hosting an open house for affected property owners at Tigard City Hall on April 5,2017. Goal 11.1: Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. City of Tigard stormwater infrastructure either currently exists adjacent to the proposed annexation areas, or can be made available to the subject sites. Additionally,any properties that are currently served by Clean Water Services will have their stormwater service transferred to the City of Tigard. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the proposed annexation areas. Goal 11.3: Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation areas, or can be made available to the subject sites. Additionally, any properties that are currently served by Clean Water Services will have their sanitary service transferred to the City of Tigard. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the proposed annexation areas. Goal 12: To provide and encourage a safe,convenient, and economic transportation system. The Washington County Urban Road Maintenance District currently provides maintenance and road services to the proposed annexation areas that currently contain public streets. Several of the subject properties are also located in a Washington County Service District for Lighting, and receive maintenance services for neighborhood street lights through this program. If these annexation requests are approved, the properties will be withdrawn from the Washington County Urban Road Maintenance District and Washington County Service District for lighting. Upon annexation,street-related services will be provided by the City of Tigard. The City of Tigard Engineering Division reviewed the proposal, and had no objections. Goal 14.2: Implement the Tigard Urban Services Agreement through all reasonable and necessary ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 7 OF 16 steps, including the appropriate annexation of unincorporated properties. Policy 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The Tigard zoning district designations that most closely conform to the existing Washington County zoning designations for the properties to be annexed are the ones proposed to be assigned to the area, as described in the specific findings below,under Chapter 18.320.020.C. Policy 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Chapter 18.320.020.B.1 above, staff finds urban level services are available to the proposed annexation areas, or can be made available, and have adequate capacity to provide service. Policy 3.The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and As addressed under Chapter 18.320.020.B.1 above, staff finds all public facilities and services are available to the proposed annexation areas, or can be made available,and have adequate capacity to provide service. B. is consistent with applicable state statute. As reviewed later in this report, staff finds the applicable provisions of Oregon Revised Statutes Chapter 222 have been met, consistent with this policy. Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to:A) avoid creating unincorporated islands within the City; B) enable public services to be efficiently and effectively extended to the entire area; or C) implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. All proposed annexation areas are "islands" of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction,and are contiguous to the city's boundaries. ORS 222.111 states that a proposal for annexation of contiguous territory to a city may be initiated by the legislative body of the city (City Council), on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. Aside from the application for Zone 6B (Case No. ZCA2017- 000010), the Zone Change Annexation applications for all subject sites (Case Nos. ZCA2017-00001 to ZCA2017-00009) were submitted by City of Tigard staff(instead of the property owners), and are therefore considered involuntary annexations. Zone 6B is the only proposed annexation area in this project that has been voluntarily submitted by the property owner. Accordingly, a majority of the proposed annexation applications were initiated by the legislative body of the City of Tigard, the City Council,and therefore are consistent with the above policy. CONCLUSION: The proposed annexation applications satisfy the applicable Comprehensive Plan policies and implementing ordinance provisions.This criterion is met. Chapter 18.320.020.C:Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be ISL-1ND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 8 OF 16 the city's zoning district which most closely implements the city's or county's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries county designations, the city shall convert the county's comprehensive plan map and zoning designations to the city designations which are the most similar. FINDINGS: 1'DC Table 18.320.1 summarizes conversions for City of Tigard comprehensive plan designations and zoning designations that are most similar and most closely implement Washington County comprehensive plan designations and zoning designations. As illustrated in the table below, the assignment of city designations for the subject properties will be based on these conversions, and will occur automatically and concurrently with the proposed annexations. TDC TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-5 Res. 5 units/acre R-4.5 SFR 7,500 sq. ft. Low density 1-5 units/acre R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre R-15 Res. 15 units/acre R-25 Multifamily 25 units/acre Medium-High density 13-25 units/acre R-24 Res. 24 units/acres R-25 Multifamily 25 units/acre Medium High density 13-25 units/acre CONCLUSION: Upon annexation, the subject properties will be assigned City of Tigard comprehensive plan designations and zoning designations that are most similar and most closely implement Washington County comprehensive plan designations and zoning designations, as indicated in 1'DC Table 320.1, above. Chapter 18.390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the City of Tigard Community Development Code (Title 18), using standards of approval contained in Section 18.390.020.B, which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. In addition to implementing the procedures for Type IV land use applications, city staff also followed public noticing requirements for Type III land use applications. Accordingly, city staff posted, mailed, and published notice of the public hearing as follows: the city posted public hearing notices at four public places on June 7, 2017 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and the Tigard Public Works Building); city staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site on June 1, 2017; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 8,June 15,and June 22, 2017) prior to the June 27,2017 public hearing before Tigard City Council. Additionally, Chapter 18.390.060 sets forth five factors for consideration when making a Type IV decision: ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 9 OF 16 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; FINDINGS: The City of Tigard Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with Oregon's Statewide Planning Goals and Guidelines. In addition, staff finds the proposed annexations are consistent with the Comprehensive Plan goals and policies,as discussed above in this report. CONCLUSION: The proposed annexations are consistent with the city's acknowledged Comprehensive Plan. Therefore,the proposals comply with the Statewide Planning Goals and Guidelines,including citizen involvement,land use planning,public facilities and services,transportation,and urbanization. 2.Any federal or state statutes or regulations found applicable; FINDINGS: Oregon Revised Statutes (ORS) Chapter 222 - City Boundary Changes; Mergers; Consolidations; Withdrawals ORS 222.111 states that a proposal for annexation of contiguous territory to a city may be initiated by the legislative body of the city(City Council),on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed.A city is not required to hold an election for such annexations if it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city,and shall cause notices of the hearing to be posted in four public places in the city for a like period. All proposed annexation areas are "islands" of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction,and are contiguous to the city's boundaries. Aside from the application for Zone 6B (Case No. ZCA2017-000010), the Zone Change Annexation applications for all subject sites (Case Nos. ZCA2017-00001 to ZCA2017-00009) were submitted by City of Tigard staff(instead of the property owners), and are therefore considered involuntary annexations. Zone 6B is the only proposed annexation area in this project that has been voluntarily submitted by the property owner. City staff posted, mailed, and published notice of the public hearing as follows: the city posted public hearing notices at four public places on June 7, 2017 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and the Tigard Public Works Building); city staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site on June 1,2017;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 8, June 15, and June 22, 2017) prior to the June 27, 2017 public hearing before Tigard City Council. CONCLUSION: Staff finds that the provisions of ORS 222 have been met. 3.Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 10 OF 16 addressed in annexation decisions, in addition to local and state review standards. Staff has reviewed the Metro regulations for Local Government Boundary Changes and addressed the applicable regulations below: FINDINGS: Metro 3.09.030 (A) The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045. These requirements apply in addition to, and do not supersede, applicable requirements of ORS Chapters 197, 198, 221 and 222 and any city or county charter provision on boundary changes. The proposed annexations are considered boundary change decisions by a reviewing entity, and will not be processed as expedited decisions. Therefore, these notice requirements apply. (B) Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change. The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations. Notice shall be published as required by state law. (C) The notice required by subsection (B) shall: (1) Describe the affected territory in a manner that allows certainty; (2) State the date, time and place where the reviewing entity will consider the boundary change; and (3) State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. City staff determined the proposed annexation applications were complete on May 30, 2017, and a public hearing for deliberations on the proposed boundary changes before Tigard City Council was scheduled for June 27,2017. City staff gave notice of the proposed deliberations through the following methods: the city posted public hearing notices at four public places on June 7, 2017 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and the Tigard Public Works Building); city staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site on June 1, 2017; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 8, June 15, and June 22, 2017) prior to the June 27, 2017 public hearing before Tigard City Council. Metro 3.09.045 (D) and (E) The proposed annexation is not being reviewed through an expedited process, but subsection (D) of Metro Code 3.09.050 requires that the standards of 3.09.045 (D) and (E) be addressed. (D) To approve a boundary change through an expedited process, the city shall: (1) Find that the change is consistent with expressly applicable provisions in: ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 11 OF 16 (a)Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement (TUSA) is between the City of Tigard,Washington County, Metro, and the service districts for water, sewer, public safety, parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area. As addressed in Chapter 18.320.020.B.1 of this report, staff finds that all urban services are available to the proposed annexation property, or can be made available, and have sufficient capacity to provide service. The Urban Planning Area Agreement (UPAA) between the City of Tigard and Washington County provides coordination of comprehensive planning and development, defines the area of interest, and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed earlier in this report, and acknowledgements that the city is the ultimate service provider of urban services within the Tigard Urban Service Area. (b) Any applicable annexation plan adopted pursuant to ORS 195.205; There is no applicable annexation plan associated with this project. Therefore, this provision does not apply. (c) Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; ORS 195.020(2) speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the subject sites; the City of Tigard or Tualatin Valley Water District will provide water service; the City of Tigard Police Department will provide public safety services,instead of the Washington County Sheriff's Office;any of the proposed annexation areas that currently contain public streets will be removed from the Washington County Urban Road Maintenance District; and any of the proposed annexation areas that are currently located in the Washington County Service District for Lighting will be removed from that program. (d) Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; and The City of Tigard Public Facility Plan was adopted in 1991,in compliance with Statewide Planning Goals and Guidelines, and Oregon Administrative Rule 660, Division 11. The city makes appropriate updates to the Public Facility Plan on a regular basis as part of the Periodic Review process as required by Oregon Administrative Rule 660,Division 25. As addressed under Chapter 18.320.020.B of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. (e)Any applicable comprehensive plan; and The City of Tigard Comprehensive Plan applies to this proposed annexation. As addressed in Chapter 18.320.020.B.2 of this report, staff finds the applicable Comprehensive Plan goals and policies have been satisfied. ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 12 OF 16 (2) Consider whether the boundary change would: (a) Promote the timely, orderly and economic provision of public facilities and services; (b) Affect the quality and quantity of urban services; and (c) Eliminate or avoid unnecessary duplication of facilities or services. The proposed annexation areas are "islands" of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction, and are contiguous to the city's boundaries. As reviewed in Chapter 18.320.020.B.1 of this report, staff finds that all public facilities and services are available to the proposed annexation areas, or can be made available, and have sufficient capacity to provide service. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the subject sites; the City of Tigard or Tualatin Valley Water District will provide water service; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office; TVF&R will continue to provide fire protection and emergency medical services; any of the proposed annexation areas that currently contain public streets will be removed from the Washington County Urban Road Maintenance District; and any of the proposed annexation areas that are currently located in the Washington County Service District for Lighting will be removed from that program. The proposed annexations will not adversely impact levels of service within the City of Tigard. (E) A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel that lies partially within and outside the UGB. Neither a city nor a district may extend water or sewer services from inside a UGB to territory that lies outside the UGB. The proposed annexation areas are not outside the UGB. Therefore, this criterion does not apply. Metro 3.09.050 (B) (B) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsection (d) below, and that includes at a minimum the following: This staff report was available to the public on June 12, 2017, fifteen (15) days prior to the public hearing before Tigard City Council. (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed in Chapter 18.320.020.B.1 of this report,staff finds that all urban services are available to the proposed annexation areas, or can be made available,and have sufficient capacity to provide service. (2) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed annexation areas will remain within Washington County, but will be withdrawn from the Washington County Enhanced Sheriff's Patrol District, the Washington County Urban Road Maintenance District, and the Washington County Service District for Lighting upon completion of these annexation requests. These withdrawals are incorporated into the attached ordinance. (3) The proposed effective date of the boundary change. ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 13 OF 16 A public hearing regarding this annexation request will take place before Tigard City Council on June 27, 2017. Aside from the application for Zone 6B (Case No. ZCA2017-000010), the Zone Change Annexation applications for all subject sites (Case Nos. ZCA2017-00001 to ZCA2017-00009) were submitted by City of Tigard staff(instead of the property owners),and are therefore considered involuntary annexations. Zone 6B is the only proposed annexation area in this project that has been voluntarily submitted by the property owner. If Council adopts findings to approve Case No. ZCA2017-00010 for Zone 6B, the effective date of this annexation will be upon filing with the Oregon Secretary of State, as outlined in Oregon Revised Statutes Chapter 222.180. If Council adopts findings to approve Case Nos. ZCA2017-00001 and ZCA2017-00003 to ZCA2017-00009,the effective date of these annexations will be June 27,2020. Aside from sewer, all Public Facilities and Services (as defined by the City of Tigard Comprehensive Plan) are currently available to Zone 5 (Case No. ZCA2017-00002). However, sanitary infrastructure is in place in the vicinity and can be made available to Zone 5 at some point in the future. Accordingly, the applicant has requested the effective date of annexation for Zone 5 be in 10 years, or when City of Tigard sanitary infrastructure is available to the subject properties,whichever occurs first. (C) The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary changes meet the applicable criteria, as demonstrated through the findings in this staff report. (D) To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and (E) of Section 3.09.045. The factors set forth in subsections (D) and (E) of Section 3.09.045 have been previously addressed in this report. CONCLUSION: Staff concludes the proposed annexations satisfy applicable regulations outlined in Chapter 3.09 Local Government Boundary Changes of the Metro Code.This criterion is met. (Tigard CDC 18.390.060 continued) 4.Any applicable comprehensive plan policies; and FINDINGS: Applicable City of Tigard Comprehensive Plan policies were addressed under Chapter 18.320.020.B.1 of this report. CONCLUSION: Staff concludes the proposed annexations satisfy applicable City of Tigard Comprehensive Plan policies. 5.Any applicable provisions of the City's implementing ordinances. FINDINGS: In February 2016, Tigard City Council passed Resolution 16-07, which extended previously approved incentives for property owners to annex into the city limits, for reasons that do not include the need for city services. These incentives include a waiver of the city annexation application fee,and phasing in of increased property taxes. Although the subject "island" properties are being processed through involuntary annexation procedures, the above referenced incentives are still being applied to these ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 14 OF 16 applications through direction of City Council. As previously demonstrated through the findings contained within this report, the proposed annexations are consistent with all applicable sections of the City of Tigard Community Development Code. CONCLUSION: Staff concludes the proposed annexations satisfy applicable provisions of the city's implementing ordinances. SECTION V. AGENCY COMMENTS The City of Tigard Engineering Division, Police Department, and Public Works Department were sent copies of this proposal, and had no objections. Frontier Communications was sent a copy of the applicant's proposal,and had no objections. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections. Tualatin Valley Water District was sent a copy of the applicant's proposal,and had no objections. ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 15 OF 16 SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject sites on June 1, 2017. As of June 12, 2017, no written public comments were received. CArdi4 June 12.2017 PREPARED BY: Lina Smith DATE Assistant Planner - o _ June 12.2017 REVIEWED BY: Tom McGuire DATE Assistant Community Development Director ISLAND ANNEXATIONS PAGE 16 OF 16 ZCA2017-00001 TO ZCA2017-00010 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION ADOPTING A NEW COT.T.FCITIVE BARGAINING AGREEMENT BETWEEN THE CITY OF TIGAR AND THE TIGARD POLICE OFFICER'S ASSOCIATION (TPOA) AND AUTHORIZING THE CITY MANAGER TO SIGN WHEREAS,the collective bargaining agreement between the City of Tigard and TPOA expires June 30,2017; and WHEREAS, a new three year collective bargaining agreement for the period of July 1, 2017 to June 30,2020 has been negotiated;and WHEREAS,the City Council reviewed this matter in Executive Session earlier this evening June 27,2017;and WHEREAS,the City Council wishes to authorize the City Manager to sign the agreement described above. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The collective bargaining agreement between the City of Tigard and the Tigard Police Officers'Association effective July 1,2017 through June 30,2020 is hereby adopted. SECTION 2: The City Manager is authorized to sing the agreement. SECTION 3: This resolution is effective July 1,2017. PASSED: This day of 2017. Mayor-City of Tigard A1'1'r,ST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 1 15065 SW Sunrise Lane Tigard, OR 97224 Ms. Lina Smith City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Island Annexations I do not want to be annexed to the City of Tigard. I have lived at my home on Bull Mtn. for forty-four years and have always associated with unincorporated Washington County along with my neighbors. I have never wanted to be part of the City of Tigard. Some of our neighborhood was urged into annexation by planners with the hopes of favorable consideration of the D.R. Horton development but most remaining residents never wanted to become part of Tigard. At that time the council chairwoman promised that "we would never force anyone to annex to the city." I rely on that promise still today. It was a promise. Personally, I live on a small Social Security stipend and cannot afford more taxes. It would be a hardship for me to find some way to pay city taxes. A BETTER PLAN: I will probably live in my house another five years or so. After I leave I do not care if the property is annexed into Tigard. I will be happy to sign an agreement that upon its sale the property will revert by automatic annexation into the City of Tigard. I believe that other homeowners will be happy with this proposal. Ask them. It is much more conciliatory. With my plan you will avoid making a lot of people unhappy by forcing annexation. If anyone wanted to annex, they would have done so already. Beside property, you would otherwise be annexing a lot of unhappy, negative voters. Voters who do not want MAX crime train coming into Tigard, who are disappointed with the council and the decisions they have made and have not made which are leading to the consistent decline of the city. The Tigard school district to name one thing used to be respected but now is not even on the list of the top 38 high schools in Oregon. Response to your boast of the changed the water supply. What? Do the people inside the city get free water? I pay for my water like everyone else. If we are annexed will it be free? Since the change to Clackamas River water, Tigard water is undrinkable. I now haul jugs of water from my daughter's house or buy water because of the awful taste. By the way, I attribute the poor water to the dead bodies in the Clackamas River. Just recently a young man's body soiled the water for days before he was retrieved. River floaters, fishermen, high rocks swimmers, suicides all contribute to a non-potable watershed. Good thinking City of Tigard. I am not impressed. Response to Sunrise Lane Park boast. The Sunrise Lane Park property is fine as is because the neighborhood is not suitable for a large soccer field, baseball field, etc. community park. We have offered ideas about walking trails, parkour trails, native plant or rose gardens etc. that are more sensitive to the geography of the land, the vistas, the neighborhood, the street access and the community. I live next to the park property. What Tigard needs is a sports complex park like one I visited in Las Vegas. It should be on flat ground at the corner of Beef Bend Road and Roy Rogers Road with ready accessibility to traffic and from both Tigard and Tualatin and not in a sensitive, quiet neighborhood. I am unhappy with the idea of annexation to the City of Tigard. It comes up periodically but I do not want to be a part of Tigard. It is "not my circus, not my monkeys." We were promised not to be forced into the city. Please leave my home, my property and myself in unincorporated Washington County. That is where I live and thrive. Cordially, La Ly) i K Nancy Younger Homeowner CC: Liz Newton, Assistant City Manager, Marty Wine , City Manager, John Cook, Mayor, Jason Snider, Council President, John Goodhouse, Councilor, Tom Anderson, Councilor,Tom Anderson, Councilor, Marc Woodard, Councilor J.T. SMITH mpanies June 19, 2017 Tigard City Council Attn: Liz Newton, Assistant City Manager 13125 SW Hall Blvd Tigard, OR 97223 RE; Annexation Case Number ZCA2017-00006 Councilors, I'm writing you today regarding the forced annexation of my property located at 16280 SW 113th Ave that you will be hearing. I have recently made a considerable investment in developing and building this property, including funding and constructing public infrastructure such as street widening, sidewalk extension, sewer extension and water lines in addition to paying System Development Charges associated with my building permits. At the onset of preparing the proforma and budget for this investment, we inquired and were informed by City Staff that we would not need to annex the property into Tigard and proceeded. ORS 222.750(5)For property that is zoned for, and in, residential use when annexation is initiated by the City under this section, the City shall specify an effective date for the annexation that is at least three years and not more than 10 years after the City proclaims the annexation is approved... Considering the substantial expenses that we incurred to construct new public improvements in addition to our own improvements, I respectfully request that the City elect to take the full 10 years allowed for the annexation to take effect rather than the minimum 3 years in order to pay down the debt before the increased property taxes take effect. Thank you. Jeff Smith 5285 SW Meadows Road Ste. 171 • Lake Oswego,OR 97035 • (503) 657-3402 JTS OR#141930 • JTSC OR #200237 • JTSC WA #JTSCLL*870N9 From: Brian H. Grant [mailto:bhgrant8c gmail.com] Sent: Sunday, June 18, 2017 10:06 PM To: Lina Smith Cc: Jude Subject: [QUAR] RE: ZONE CHANGE ANNEXATION (ZCA) CASE NOS. ZCA2017-00001 TO ZCA2017-00010 Importance: Low TO: Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd.,Tigard, OR 97223 RE: ZONE CHANGE ANNEXATION (ZCA) CASE NOS. ZCA2017-00001 TO ZCA2017-00010 Dear Ms. Smith, We are writing to record our objection to the annexation of 8540 SW Spruce St by the City of Tigard. We object to the annexation of this neighboring property due to the affect it will have on our rights and potential taxation to benefit more commercial development. The City of Tigard is justifying the annexation based on the fact that the property is surrounded by the City of Tigard. On the official City map, our property (8535 SW Spruce) is shown to be incorporated into the City of Tigard, as well. We however, understood we are part of unincorporated Washington County, and thus have been denied the ability to vote in City of Tigard elections.We have not been able to gain equal or fair representation.The annexation of this new property would only further the justification of this unfair situation. We feel what is best for the rights of the community is for the Metzger area to remain separate from Tigard. We oppose the annexation of the 8540 SW Spruce ST property and a review of the city boundary as it affects our property. Judy Castillo Brian Grant 8535 SW Spruce St Portland, OR 97223 Original Message From: Adam [mailto:adamchikk@yahoo.com] Sent: Monday,June 19, 2017 1:20 PM To: Lina Smith Cc: Liz Newton Subject: [QUAR] Annexation Inquiry Importance: Low Hello, My name is Adam Hartley and I own and live at 8540 Sw Spruce Street off of Hall blvd. I am writing to ask for a continuance. I would like more information- A.) Why the City of Tigard is choosing my property. B.) How this will affect me positively. C.) How this will negatively affect me. Hope to hear back soon. Sincerely, Adam Hartley Carol Krager From: Joanne Bengtson on behalf of Liz Newton Sent: Thursday,June 22, 2017 9:13 AM To: Carol Krager Subject: FW: [QUAR] Annexation Inquiry Original Message From: Lina Smith Sent:Wednesday,June 21, 2017 1:23 PM To:Adam <adamchikk@vahoo.com> Cc:Tom McGuire<TomM@tgard-or.gov>; Liz Newton <LIZ@tigard-or.gov>;Joanne Bengtson <joanne@tgard-or.gov> Subject: RE: [QUAR] Annexation Inquiry Dear Mr. Hartley, Thank you for contacting us about the upcoming annexation hearing on June 27, 2017. I can answer your questions—but regarding a continuance, only the City Council can grant that. To answer your question about why your property has been included in this action:the City Council gathered in December 2016 to discuss their priorities and objectives for 2017. From that conversation, Council crafted six goals, one of them a goal to prioritize the annexation of islands and bring them into Tigard. Islands are properties that are not currently within the city limits but are bordered on all sides by property or roads that are in the city limits.There are nine"islands" including your property,which range in size from one to 55 parcels. The positive benefits of annexation include more efficient emergency services delivery, street maintenance, park and recreation services, a clean, secure long-term water source and a voice in the city. You would also be eligible to run for city office and have an opportunity to serve on the city's boards and committees. The potential "negative" effect would be an increase in your taxes beginning in November 2021. If you would like, I can provide you with a tax estimate based on your current tax bill. Please let me know if you're interested in that. Thank you again for reaching out to learn more about this proposed annexation. I hope you will contact me if you have any other questions. Sincerely, Lina Smith Assistant Planner City of Tigard I Community Development 13125 Hall Blvd.Tigard, OR 97223 E-mail: LinaCS@tgard-or.gov Original Message From: Adam [mailto:adamchikk@vahoo.com] Sent: Monday,June 19, 2017 1:20 PM To: Lina Smith<LinaCS@tigard-or.gov> 1 Cc: Liz Newton<LIZPtigard-or.gov> Subject: [QUAR] Annexation Inquiry Hello, My name is Adam Hartley and I own and live at 8540 Sw Spruce Street off of Hall blvd. I am writing to ask for a continuance. I would like more information- A.) Why the City of Tigard is choosing my property. B.) How this will affect me positively. C.) How this will negatively affect me. Hope to hear back soon. Sincerely, Adam Hartley DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 2 Carol Krager From: Joanne Bengtson on behalf of Liz Newton Sent: Thursday,June 22, 2017 9:13 AM To: Carol Krager Subject: FW: [QUAR] Annexation ZCA2017-00006 - comments for Council From: Lina Smith Sent:Wednesday,June 21, 2017 1:15 PM To:Jesse Nemec<inemec@itsmithco.com> Cc:Jeff Smith<jtsmith@itsmithco.com>; Dave Austin<dave.austin97034@gmail.com>; Shan Stach <sstach@comcast.net>;Tom McGuire<TomM@tigard-or.gov>; Liz Newton <LIZ@tigard-or.gov>;Joanne Bengtson <ioanne@tigard-or.gov> Subject: RE: [QUAR]Annexation ZCA2017-00006-comments for Council Dear Mr. Smith, Thank you for writing with your comments on the City Council's public hearing for island annexations on June 27, 2017. I understand your concerns about potential impacts to your budget, and you are correct that the city did not require annexation in order to develop this property. Generally, the criteria for approving an annexation is tied to the availability of public services, not financial considerations. Since the City Council is the deciding body regarding annexation effective dates beyond three years, I'll forward your request for a 10-year delay to them for consideration. Sincerely, Lina Smith Assistant Planner City of Tigard I Community Development 13125 Hall Blvd.Tigard,OR 97223 E-mail:LinaCS@tigard-or.gov From:Jesse Nemec [mailto:jnemec@itsmithco.com] Sent: Monday,June 19, 2017 2:26 PM To: Lina Smith<LinaCS@tigard-or.gov> Cc:Jeff Smith<itsmith@itsmithco.com>; Dave Austin<dave.austin97034@gmail.com>; Shan Stach <sstach@comcast.net> Subject: [QUAR] Annexation ZCA2017-00006-comments for Council Importance: Low Lina, Please accept the attached letter to be entered into the record for the Council hearing on June 27, regarding case file ZCA2017-00006. 1 Please don't hesitate to give me a call or an email if you should have any additional questions or comments. Respectfully, Jesse Nemec Sr Development Manager 503-730-8620 0 J.T. N\II-rl I 5285 Meadows Road, Suite 171 Lake Oswego, OR 97035 DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 2 Carol Krager From: Joanne Bengtson on behalf of Liz Newton Sent: Thursday,June 22, 2017 9:14 AM To: Carol Krager Subject: FW: [QUAR] RE:ZONE CHANGE ANNEXATION (ZCA) CASE NOS. ZCA2017-00001 TO ZCA2017-00010 From: Lina Smith Sent:Wednesday,June 21, 2017 1:14 PM To: Brian H. Grant<bhgrant8@gmail.com> Cc:Jude<earthravenhandcrafts@gmail.com>;Tom McGuire<TomM(a@tigard-or.gov>; Liz Newton<LIZ@tigard-or.gov>; Joanne Bengtson<ioanne@tigard-or.gov> Subject: RE: [QUAR] RE: ZONE CHANGE ANNEXATION (ZCA) CASE NOS. ZCA2017-00001 TO ZCA2017-00010 Dear Ms. Castillo and Mr. Grant, Thank you for writing about the upcoming annexation hearing on June 27, 2017. I understand your concerns about annexation, but I want to assure you that annexation of this neighboring property into the city will not impact your rights as a property owner. This property will continue to be zoned residential, and will not change to a commercial zoning classification. Your property on Spruce Street is inside Tigard city limits, not unincorporated Washington County. However, you are also a resident of Washington County, as are all Tigard residents. It's not unusual for residents to broadly refer to the north Tigard neighborhood area as Metzger, but officially your property is located within Tigard. You are eligible to serve on the city's boards and committees, participate in the neighborhood program and even run for City Council should you choose to. Regarding voting, my first question would be whether or not you're a registered voter at this address? If you own another property outside of Tigard, and receive a ballot at that address, the election division considers that your home. If you have not registered to vote, or if you're receiving your ballot at another address, that might be why you've not had an opportunity to vote on Tigard ballot measures. I encourage you to contact the Washington County Elections Division to verify your elections status. You can reach Elections staff at 503-846-5800 or in person at 3700 SW Murray Blvd, Suite #101, Beaverton, or learn more at the county's election website at www.co.washington.or.us/AssessmentTaxation/Elections. Thank you again for writing about this application. If you have more questions, please contact me. Regards, Lina Smith Assistant Planner City of Tigard I Community Development 13125 Hall Blvd.Tigard,OR 97223 E-mail:LinaCSna,tigard-or.gov 1 From: Brian H. Grant [mailto:bhgrant8@gmail.com] Sent:Sunday,June 18, 2017 10:06 PM To: Lina Smith<LinaCS@tigard-or.gov> Cc:Jude<earthravenhandcrafts@gmail.com> Subject: (QUAR] RE: ZONE CHANGE ANNEXATION (ZCA) CASE NOS. ZCA2017-00001 TO ZCA2017-00010 Importance: Low TO: Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223 RE: ZONE CHANGE ANNEXATION (ZCA) CASE NOS. ZCA2017-00001 TO ZCA2017-00010 Dear Ms. Smith, We are writing to record our objection to the annexation of 8540 SW Spruce St by the City of Tigard. We object to the annexation of this neighboring property due to the affect it will have on our rights and potential taxation to benefit more commercial development. The City of Tigard is justifying the annexation based on the fact that the property is surrounded by the City of Tigard. On the official City map, our property (8535 SW Spruce) is shown to be incorporated into the City of Tigard, as well. We however, understood we are part of unincorporated Washington County, and thus have been denied the ability to vote in City of Tigard elections. We have not been able to gain equal or fair representation. The annexation of this new property would only further the justification of this unfair situation. We feel what is best for the rights of the community is for the Metzger area to remain separate from Tigard. We oppose the annexation of the 8540 SW Spruce ST property and a review of the city boundary as it affects our property. Judy Castillo Brian Grant 2 8535 SW Spruce St Portland, OR 97223 DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 3 06/22/2017 CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done ZCA 2017-00001 to 10 Unincorporated Island Annexations IImre°-.20 I I Y I I I i I , A it II ...1 TIGARD CITY COUNCIL GOALS 2017-19 Priorities for Council Attention and Action On March 7,2017 the Tigard City Council members adopted the city's goals for the neat two years.Criteria for these goals included a policy-level focus;two-year timeframe;limited Impacts on core service delivery;implementing the strategic plan;be achievable;and benefit the whole. 6. Annex Territory into the City. ► Prioritize annexation of islands including a strategy and Incentives. + Review overall project approach,draft letter to Island residents,outreach plan,potential Incentives and legal process with council-1st week in March,2017 + Schedule and conduct small group meetings/conversations,Identify Incentives-March-April,2017. + follow.up on Incentives,develop schedule for hearings and final action-May-luly 2017. + Develop a strategy for communication and outreach to residents,with the Council In the lead for outreach. Develop a strategy for future annexations of the remaining Urban Growth Boundary(UGB). + Beginning July,2018 develop a work plan for future annexations of the UGB.Include dates and deadlines for needed studies and outreach.Identify logical phasing options.Present work plan to Council by the end of 2018. 1 06/22/2017 i i '. (, i r i (; v R it Public Outreach to aneeata'w„ City yrasa Affected Property rank,MB Owners enall tr ltuoveLo rsa�de nu es .R� yens o Flue sCity Com,epprnees ',ere .aa� 110-Letter, Open House ..n n.fthe11,1 ,nee g.,mn.,•on;, ".o� . cua x.d.*. ,(nonan. C,m ::T � .CenaPaw. io„t.a.MSWHaaµ ,6�EM 6t1•mq Annum nil,slung,n w1 nA xueo.v'^up4Ono , Jou.Sealer itori Gus.?man �4- 702.A.Au-- Um Oka I.:t'J*a reser.,. On rmndle, cp covesre G'Gads u,nrwat•rpGes.wm•,na.am TIN aanw.wIM•....y++/• ( 1 1 ( 1 I. P. Postcard We'd love to hear from you! On•\prig 5 the city hold a meeting with affected I dormers regarding plana • to annex«roaming properties of unincorporated islands•to the city.If you *vv..t able to attend,we still wart to hat from you. The Council will hew this item as the business meeting on June 27,2017. Before then,l invite ton to talk or meet with en staff to learn more about the impacts of annexation. 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'f, -.1 -..,11d.,.i i ., .......,-,_ :iiiik•lei II.%7,: i i ' , , tja26r.reZ376 i i3O;,,,,IE 00110 AA gi 1 , , Project Timeline & Effective Dates... ✓ April 5, 2017: Informational Meeting with Council. ✓ April,May,June: Conversations with property owners. V June 12,2017: Staff report available to public. ✓ Today: Council conduct public hearing on annexation V July 27, 2017: Ordinance is final if not appealed / June 27, 2020: Annexation effective 'V November 2021: Property owners begin paying City of Tigard property taxes 8 CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done TIGARD Island Annexations Case Nos. ZCA2O17-00001 to ZCA2O17-0001O Presented to City Council I June 27, 2017 C I "I' Y , ( ) F nr I C; A R D .._ _, , ... j _, ,_, ...1 -I 2 r' _? • - I • I VICINITY MAP j/ / I _t ,2, ....- ..,1 -1 , i ZCA2017-00001 to i iii _4 . 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PeRKINSC ie 1120 NW Couch Street 0 +1.503.727.2000 10th Floor 0 +1.503.727.2222 Portland,OR 97209-4128 PerkinsCoie.com SUPPLEMENTAL PACKET June 26, 2017 FOR c- Michael C.Robinson (DAT OF MEETING) MRobinson@perkinscoie.com U. +1.503.727.2264 F. +1.503.346.2264 VIA EMAIL Mayor John Cook City of Tigard City Council Tigard City Hall 13125 SW Hall Blvd. Tigard, OR 97223 Re: Development Agreement between SD Deacon and City of Tigard, Oregon Dear Mayor Cook and Members of the City Council: This office represents SD Deacon. My client asks that the City Council approve the development agreement at its public hearing on June 27. The development agreement is an important step in assisting SD Deacon to develop its property in the Tigard Triangle, which supports the City's goal of new development in the Triangle. My client and I will be at the public hearing on June 27 and we look forward to answering any questions that you may have. Very truly yours, usubt e Michael C. Robinson MCR:rsr cc: Mr. Steve Deacon (via email) Mr. Ryan Schera(via email) Ms. Shelby Rihala(via email) Mr. Tom McGuire (via email) Mr. Gary Pagenstecher(via email) 119848-0001/135771877.1 Perkins Coie LLP AGENDA ITEM No.,B" 7 Date: June 27, 2016 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the Tigard City Council on: CONSIDER ORDINANCES FOR ISLAND ANNEXATIONS (ZCA2017-00001-00010) REQUEST: The City of Tigard is proposing to annex ten different areas of unincorporated land or, "islands," that are completely surrounded by land in the City of Tigard jurisdiction. The ten islands contain multiple properties,ranging in number from 1 to 55 parcels. COUNTY ZONE: R-6: Residential, 5 units/acre minimum density, 6 units/acre maximum density. CITY ZONE: R-7: Medium Density Residential District. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1, Goal 11, Goal 12, and Goal 14; ORS Chapter 222; Metro Code Chapter 3.09. Due to time Constraints City Council May Impose a Time Limit on Testimony AGENDA ITEM No. 8 Date: June 27, 2017 PLEASE PRINT Proponent—(Speaking In Favor) Opponent— (Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Kwsziv,,NciDs ' DS- W - 0 (S-1 4ijsk 11 -5 6u01 Name,Address&Phone No\ Name,Address&Phone No. Name,Address&Phone No. GaT‘AF7:7"--°(-)A k-k-als-) /p‘t/ert z (A) 1 ( 9 >43i/ Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. A >i f N !Q e-Y-- e2ptc-ViA P-cALStev 7.[0 S" S - " ' �So� 1 ct c 2-4 6c( Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. A1044 Sc-hoi:-1-- lq6 35- 514/i33' Par+4014d, DR 9 7 2 Y cos-720-73g Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Due to time Constraints City Council May Impose a Time Limit on Testimony Quasi-Judicial Land Use Hearing Procedures Statement by City Attorney This is a quasi-judicial land use proceeding. Council's decision must be based on the following substantive criteria: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1, Goal 11, Goal 12,and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09. Testimony,arguments and evidence must be directed toward the applicable criteria. Failure to raise an issue clearly enough so that Council understands and can address the issue precludes an appeal on that issue. Members of the City Council will be asked whether they have any conflicts of interest. If a Council member has an actual conflict,the Council member cannot participate. Council members must declare any contacts about this case with a member of the public. Council members must also declare if they have independent knowledge of relevant facts,such as from a visit to the site in question. A Council member who describes ex parte contacts or independent information may still participate in the decision. After the discussion of conflicts and ex parte contacts,any person may challenge the participation of a Council member or rebut any statements made. The Council member in question may respond to such a challenge. Council members also may ask the staff and witnesses questions throughout the hearing,until the record closes. After the record is closed,the City Council will deliberate about the request. During deliberations, the City Council may re-open the public portion of the hearing if necessary to receive additional evidence before making a decision. Please do not repeat testimony. If you agree with the statement of an earlier witness,please just state that and add any additional points of your own. When you are called to testify,please come forward to the table. Please begin your testimony by giving your name, spelling your last name,and give your full mailing address including zip code. Statement by Mayor The conduct for tonight's hearing shall be as follows: 1. City staff will summarize the written staff report. 2. The applicant will testify. 3. Council will take public comment. 4. Staff will have an opportunity to respond. 5. The applicant will be given an opportunity for rebuttal. 6. Council will ask any questions of staff or witnesses. 7. Mayor Cook will close the public hearing. 8. Council will deliberate and vote on each ordinance separately. AIS-3148 8. Business Meeting Meeting Date: 06/27/2017 Length (in minutes): 10 Minutes Agenda Title: LCRB -Consider Contract for Design,Fabrication, &Delivery of Pedestrian Bridge on Fanno Creek Trail Prepared For: Joseph Barrett Submitted By: Kelly Burgoyne, Central Services Item Type: Motion Requested Meeting Type: Council Update,Discussion,Direct Staff Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for the final design, fabrication,and delivery of a pedestrian bridge for the Tiedeman Realignment of the Fanno Greenway Trail project to Contech Engineered Solutions? STAFF RECOMMENDATION/ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for the final design,fabrication,and delivery of a pedestrian bridge for the Tiedeman Realignment of the Fanno Greenway Trail project to Contech Engineered Solutions in the amount of$110,220 and authorize the City Manager to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY In 2014,the City of Tigard established a 20-year strategic plan focusing on becoming the most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy,interconnected lives. Completing the Fanno Greenway Regional Trail and bringing the trail up to regional design standards supports Tigard's strategic plan. The re-alignment of the Fanno Greenway Trail at Tiedeman Avenue and the resulting new pedestrian bridge are part of planned upgrades to the trail. This element of the project consists of designing, fabricating,and delivering a steel truss pedestrian bridge. This contract will provide final design, fabrication,and delivery service for an 80-foot long, steel truss pedestrian bridge. The bridge will have a clear walkway width of 12 feet and will be made of weathered steel. The contractor will provide a railing for each side of the bridge and steel mesh panels along the sides of the bridge for user safety. The bridge will be designed to accommodate 90 pounds per square foot along the walkable deck area and will support the weight of a city sweeper. The bridge will be designed to withstand the power of floodwater against the structure since it will be built below the 100-year floodplain to maintain Americans with Disabilities Act slopes as it lines up with the trail. The bridge will be delivered to the construction site for installation by the general contractor to complete the realignment of the Fanno Greenway Trail at Tiedeman Avenue project. The city issued a Request for Proposals for the bridge in May. The city received proposals from three firms in late May: •TS Gray Construction •Big R Bridges •Contech Engineered Solutions A selection committee was formed and the proposals were scored on the the following criteria that were detailed in the Request for Proposal: •Firm and team qualifications (40%of overall score) •Project understanding and approach (30%) •Cost structure (30%) After the review and scoring of the proposals,the selection team found that Contech Engineered Solution submitted the proposal that best meets the city's needs for the project. As such,staff is recommending the Local Contract Review Board award a contract for the bridge construction and delivery to Contech in the amount of$110,220. OTHER ALTERNATIVES The Local Contract Review Board may reject the award item and direct staff to resolicit the required bridge. COUNCIL OR CCDA GOALS,POLICIES,MASTER PLANS Tigard Strategic Plan to become the most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives. DATES OF PREVIOUS CONSIDERATION This is this the first time the Local Contract Review Board has seen this item. Fiscal Impact Cost: $110,220 Budgeted (yes or no): yes Where Budgeted (department/program): CIP Additional Fiscal Notes: This project is budgeted in the FY 2017 and FY 2018 Capital Improvement Program. The project is entirely funded by Metro. Attachments No files)attached AIS-3063 9. Business Meeting Meeting Date: 06/27/2017 Length (in minutes): 10 Minutes Agenda Title: Consider Resolution to approve a New TPOA Contract FY2017-2020 and Authorize City Manager to sign Prepared For: Dana Bennett Submitted By: Kelly Burgoyne, Central Services Item Type: Resolution Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: In f<srznatwn ISSUE Should the Tigard City Council adopt the new three year collective bargaining agreement between the City of Tigard and the Tigard Police Officers'Association (TPOA) and authorize the City Manager to sign. STAFF RECOMMENDATION /ACTION REQUEST Staff recommend the adoption of the attached Resolution approving the new collective bargaining agreement with TPOA and authorize the City Manager to sign. KEY FACTS AND INFORMATION SUMMARY The terms of the proposed settlement between the Tigard Police Officers'Association (TPOA) and the City of Tigard were reviewed by Council in Executive Session on June 20,2017.The proposed new contract will expire on June 30,2020.Major economic highlights include continuation of cost sharing on health insurance,a full 90/10 split by the close of the agreement and moving the police to the same plans as other city staff as of January 1,2018,but provides an insurance stipend for non-sworn members during the first two years of the agreement. The proposed agreement includes cost of living increases,2%in year one and then based on the CPI index in the later two years along with the addition of a new top step for the Police Officer pay range,5% higher,bringing Police Officer pay to the middle of the labor market of similar sized cities. In addition,the proposed settlement provides a signing bonus for early ratification. TPOA voted to ratify the proposed settlement on June 13,2017. OTHER ALTERNATIVES Council may elect to not approve the agreement. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION The City Council discussed this proposed settlement in its Executive Session on June 20,2017. Attachments Resolution TPOA Contract-Final TPOA Contract 2017-20 Changes Shown . , COLLECTIVE BARGAINING AGREEMENT BETWEEN TIGARD POLICE OFFICERS' ASSOCIATION AND THE CITY OF TIGARD Expires: June 30,2020 City of Tigard and TPOA-Expiration Date: June 30,2020 i TABLE OF CONTENTS PREAMBLE 4 ARTICLE 1 - RECOGNITION 4 ARTICLE 2- MAINTENANCE OF STATUS QUO 4 ARTICLE 3 - CHECK OFF AND PAYMENT IN LIEU OF DUES 5 ARTICLE 4 - EMPLOYEE RIGHTS 6 ARTICLE 5 - MANAGEMENT RIGHTS 7 ARTICLE 6 - CITY SECURITY 7 ARTICLE 7 - ASSOCIATION BUSINESS 8 ARTICLE 8 - GENERAL AND SPECIAL ORDERS 9 ARTICLE 9 - DEPARTMENT MANUAL AND CONTRACT 9 ARTICLE 10 - BULLETIN BOARD 9 ARTICLE 11 - OUTSIDE EMPLOYMENT 9 ARTICLE 12 - HOURS OF WORK 9 ARTICLE 13 - OVERTIME AND PREMIUM PAY 8 ARTICLE 14 - HOLIDAY COMPENSATION 15 ARTICLE 15 - VACATIONS 15 ARTICLE 16 - INSURANCE BENEFITS 17 ARTICLE 17 - SICK LEAVE 23 ARTICLE 18 - LEAVE OF ABSENCE WITH PAY 26 ARTICLE 19 - LEAVE WITHOUT PAY 28 ARTICLE 20 - GRIEVANCE PROCEDURE 29 ARTICLE 21 - MILEAGE AND PER DIEM ALLOWANCE 31 ARTICLE 22 - CLOTHING AND UNIFORM 31 ARTICLE 23 - SENIORITY 32 ARTICLE 24 - LAYOFF AND RECALL 34 ARTICLE 25 - SHIFT AND DAYS OFF BIDDING 35 ARTICLE 26 - PROBATIONARY PERIOD 36 ARTICLE 27 - DISCIPLINE AND DISCHARGE 36 ARTICLE 28 - PERSONNEL FILE 37 ARTICLE 30 - INCENTIVE PAY 39 ARTICLE 31 - SAVINGS CLAUSE 43 ARTICLE 32 -TERMINATION 44 PREAMBLE This contract entered between the City of Tigard, Oregon, hereinafter referred to as the "City,"and the Tigard Police Officers' Association, hereinafter referred to as the "Association," has as its purpose the promotion of an efficient police department; harmonious relations between the City and the Association; the establishment of an equitable and peaceful procedure for the resolution of differences; and to set forth their entire agreement with regard to rates of pay,hours of work, and other conditions of employment. ARTICLE 1 —RECOGNITION The City recognizes the Association as the sole and exclusive bargaining agent with respect to wages, hours and other conditions of employment for the employees in the bargaining unit as set forth in Addendum A. The City shall notify the Association of its decision to add any new classifications to the Police Department. If the City and the Association cannot agree whether a new position is supervisory, managerial, confidential, or if a new classification should be included in the bargaining unit, the dispute shall be submitted to the Employment Relations Board. When the parties are unable to agree as to the representation status of such a new position,the City shall have the option of leaving the position vacant or filling the position at a provisional wage rate until the issue is resolved. If such a position is filled on a provisional basis and if there is a subsequent adjustment in the wage rate, such adjustment shall be retroactive to the date that the position was filled. The bargaining unit shall consist of those classifications listed in Addendum A that are regular full-time employees and those employees within those classifications that are regularly scheduled to work 20 hours or more per week, excluding supervisory and confidential employees as defined by the Public Employees' Collective Bargaining Act. ARTICLE 2 —MAINTENANCE OF STATUS QUO The City shall be obligated to negotiate over existing conditions that are mandatory subjects of bargaining or the mandatory bargainable impacts,whether or not they are covered by this agreement, if the City intends to alter, change or modify such conditions. 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 or his/her designee with written notice of the proposed change. The Association shall have ten (10) days to object in writing to the person proposing the change or their designee. The failure of the Association to object in writing to the proposed change within ten (10) 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 objection and identify whether the Association believes the proposed change involves a mandatory bargainable subject or a mandatory bargainable impact of a permissive subject. Thereafter,the parties shall bargain in good faith over said changes for a period not to exceed thirty(30) days. If after the passage of thirty(30) 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 eleven (11) Oregon and/or Washington arbitrators from the Employment Relations Board who are members of the American Arbitration Association (AAA). If the parties cannot mutually agree to an arbitrator,they will by lot alternately strike names and the last one (1)will be the arbitrator. The arbitrator shall conduct a hearing within thirty(30) days of announcement of his/her selection, or at such other time as the parties mutually agree. ARTICLE 3— CHECK OFF AND PAYMENT IN LIEU OF DUES 3.1 Check-off The City will deduct Association dues from the wages of employees when so authorized and directed in writing by the employee on the authorization form provided by the City. Any authorization for the payroll deductions may be canceled by any employee upon written notice to the City and the Association prior to the 15th day of each month,to be effective on the 1st day of the following month. The City will not be held liable for check-off errors but will make proper adjustments with the Association for errors as soon as is practicable. It is also agreed that neither any employee nor the Association shall have any claim against the City for any deductions made or not made, as the case may be, unless a claim of error is made in writing to the City within forty-five (45)calendar days after the date such deductions were or should have been made. 3.2 Payment in Lieu of Dues Any regular employee who is a member of the bargaining unit and has not joined the Association within thirty(30) days of becoming a regular employee, or who has joined within such time and then withdrawn from membership after such thirty(30)days, shall have deducted from his/her pay by the City a monthly service fee in the uniform amount of a payment in lieu of dues to the Association. The payment in lieu of dues shall be segregated by the Association and used on a pro-rata basis solely to defray the cost for its services rendered in negotiating and administering this Agreement. Such deduction shall be made only if accrued earnings are sufficient to cover the service fee after all other authorized payroll deductions have been made. 3.3 Religious Objection Any individual employee objecting to payment in lieu of dues based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member, is required to inform the City and the Association of his/her objection. The employee will meet with the representatives of the Association and establish a mutually satisfactory arrangement for distribution of a contribution of an amount of money equivalent to the above mentioned payment in lieu of dues to a charitable organization mutually agreed upon by the employee and the Association. The employee shall furnish written proof to the City that such has been accomplished, as appropriate. 3.4 Indemnification The Association will indemnify, defend and hold the City harmless against any claims made and against any suit instituted against the City as a result of any City action taken pursuant to the provisions of this Article. ARTICLE 4—EMPLOYEE RIGHTS 4.1 Employee Organizations Employees 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 shall also have the right to refuse to join and participate in the activities of any employee organization. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by an employee organization because of his exercise of these rights. 4.2 Non-Discrimination The City and the Association agree the provisions of this Contract shall be applied equally to all employees in the bargaining unit without discrimination as to age,marital status, race, color, sex, creed, religion, national origin, sexual orientation, labor organization affiliation, or political affiliation. ARTICLE 5—MANAGEMENT RIGHTS The City administration and department heads shall exercise the sole responsibility for management of the City and direction of its work force. To fulfill this responsibility, the rights of the City include, but are not limited to: establishing and directing activities of the City's departments and its employees, determining services to be rendered, standards of service and methods of operation, including subcontracting and the introduction of new technology and equipment; establishing procedures and standards for employment and promotion; to layoff, transfer and promote; to discipline or discharge for cause; to determine job descriptions; determine work schedules, to establish performance standards, and assign work; and any other rights except as provided in Article 2 of this Agreement. ARTICLE 6—CITY SECURITY The Association agrees that during the term of this contract its membership will not participate in any strike against the City under any circumstances. For the purpose of this contract, the meaning of the word"strike" is any concerted stoppage of work, slowdown, speedup, sit-down, absence from work upon any pretext that is not founded in fact, interruption of the operations of the City by the Association, or any similar act. Violation of this section by any bargaining unit member shall be grounds for disciplinary action up to and including discharge. ARTICLE 7—ASSOCIATION BUSINESS 7.1 Association Business Up to four(4)members of the bargaining unit selected to serve as authorized representatives shall be certified in writing to the Chief of Police. When authorized in advance, up to two (2) representatives shall be granted time off without loss of regular pay for the purpose of meeting with City representatives. Employees may attend Association meetings on duty, subject to call,when authorized by the Chief of Police. 7.2 Contract Negotiations The Association's negotiating team may be comprised of more than three (3) employees; provided however,that the City's obligation to allow such individuals to attend negotiations during duty hours without loss of pay shall be limited to three (3) individuals. Hours utilized for this purpose shall not be considered hours worked in determining the payment of overtime. The date,time, and place for negotiating sessions shall be established by mutual agreement between the parties. 7.3 Special Conferences Special conferences to discuss employment relations matters shall be arranged between the Association and the City or its designated representatives within a reasonable period of time after either party receives a request from the other party. Such meetings shall be arranged in advance, and an agenda of matters to be discussed at the meeting shall be presented at the time the request to confer is made. The Association members shall not lose time or pay for time spent in such conferences. Members of the bargaining unit may be allowed to attend conferences directly related to Association matters, provided the City receives sufficient advance notice of the dates of such conferences and the approval of the Chief of Police is obtained. The maximum number of days to be paid by the City shall not exceed an aggregate of six(6)conference days per year. The City shall not pay for travel, lodging, or per diem expenses of the members attending the conferences. ARTICLE 8—GENERAL AND SPECIAL ORDERS The City will furnish the Association with copies of all general or special orders from within the Police Department promulgated during the term of this Agreement pertaining to wages, hours, and conditions of employment. ARTICLE 9—DEPARTMENT MANUAL AND CONTRACT The City agrees to furnish each employee of the bargaining unit with an electronic copy of the Department Manual and a copy of this contract as provided by the Association for distribution. ARTICLE 10—BULLETIN BOARD The City agrees to furnish a suitable bulletin board in a convenient place to be used by the Association. The Association shall limit its posting of notices and bulletins to such bulletin board and shall limit its postings to Association business. Only members of the bargaining unit may post or remove items on the Association bulletin board. In the event the City desires that an item be removed, it will contact the Association with a request for such. The item will be removed if found inappropriate by the parties. ARTICLE 11 —OUTSIDE EMPLOYMENT Employees wishing to engage in off-duty employment with another employer must obtain approval from the Chief. ARTICLE 12 —HOURS OF WORK 12.1 Work Week The work week,consistent with the operating requirements of the City, shall consist of a forty-hour(40-hour) shift schedule during a seven day calendar day period commencing midnight Sunday and ending midnight the following Sunday. 12.2 Work Schedule A "work schedule," consistent with the operating requirement of the City, shall be a 5-8, 4-10, alternative work week, flexible or part-time schedule as follows: (a) A "5-8" work schedule shall consist of five (5)consecutive days of eight(8) work hours each followed by two (2)consecutive days off. (b) A "4-10"work schedule shall consist of four(4) consecutive days of ten (10) work hours each followed by three(3)consecutive days off. (c) The City and the Association may agree to an alternative work schedule consisting of fixed hours other than a 5-8 or 4-10. In the event an alternative work schedule is implemented,the parties agree to meet to negotiate its implementation and any other contract changes as may be necessary. (d) A "flexible"work schedule shall be equal in total hours worked during the work week to that of a"5-8"employee, and unless otherwise agreed, shall have no maximum or minimum number of work hours per day or work days per week. Such work schedule shall not be in effect unless agreed upon in advance by the individual affected employee and the City. An employee's acceptance of such assignments constitutes the employee's voluntary agreement to a flexible schedule. The parties agree that all Detective and Commercial Crimes Unit assignments shall be on a flexible work schedule. The determination of any additional assignments that are expected to work a flexible work schedule will be subject to bargaining between the City and the Association. In the event the parties are unable to reach agreement, such matters may be pursued through the mid-term bargaining procedures set forth in Article 2. Detectives and CCU shall not be removed from the on-call roster just because they have reached 40 hours worked in the workweek. (e) A variable work schedule will be applicable to special assignments for Gang Enforcement, Transit Police and Street Crimes Units. Section 12.6 (Work Schedules) and 13.4 (Shift Differential) are not applicable to employees in these assignments. Hours worked by these assignments will not be flexed for purposes of mandatory training, court appearances,the avoidance of the Safety Release as defined in Article 12.7 and the avoidance of overtime thresholds as defined in Sections 13.1 (daily overtime) and 13.3 (call back). When either of these shift assignments are changed within the respective units,the shift change shall be completed pursuant to Sections 25.3 (overtime waiver) and 25.4 (adjustment of schedule at rotation) of the agreement. (f) "Regular part-time"employees shall be scheduled to work a portion of any of the above-specified schedules. (g) These schedules shall include meal and rest periods as set forth in this article. 12.3 Work Day The work day shall be a 24-hour period commencing at the start of the employee's regularly scheduled shift. 12.4 Meal Period Each employee covered by this agreement will be permitted a 30 minute paid meal period each workday to the extent consistent with operational or duty requirements, except for employees attending the academy or training where a longer lunch period is provided and the employee is relieved from duty, in which case,the lunch period shall be unpaid. 12.5 Rest Periods Each employee covered by this agreement will be permitted two(2), fifteen(15) minute paid rest periods each work day, to the extent consistent with operational or duty requirements. 12.6 Work Schedules An employee will normally be given adequate advance notice of any change in his regular hours of work, except where an emergency exists. Notice will not be given less than two (2)weeks prior to the employee's change of work schedule, except where a change of schedule is for the purpose of the employee's voluntary training or for the purpose of adjusting the schedule of a probationary employee not released for solo status. 12.7 Safety Release Employees working sixteen or more hours in a twenty-four hour period who provide notice to their supervisor at least one hour prior to reaching the sixteen-hour threshold may be given their next consecutive scheduled shift off with pay. In such event, no deduction shall be made from the employee's leave. If employees are directed to work their next consecutive scheduled shift, they shall be paid at the rate of time and one-half for such shift. The twenty-four hour period described herein shall commence at the start of the employee's regularly scheduled shift Employees who do not receive eight(8) consecutive hours off either before or after a court appearance will receive sufficient administrative hours off with pay to equal eight (8) hours off. Employees working the graveyard shift, K-9 and night traffic car, who appear in court on the day before the start of the first day of their consecutive work days shall receive sufficient administrative hours off with pay to equal eight(8) consecutive hours off after their court appearance. Employees assigned to any Detective assignment(including Narcotics and Metro Gang Enforcement) shall not be subject to Section 12.7. ARTICLE 13—OVERTIME AND PREMIUM PAY 13.1 Definition All work under the following conditions shall be compensated at the rate of time- and-one-half: (a) For employees assigned to a 5-8 schedule, all work in excess of eight (8) hours on any work day, and all work performed on a regularly scheduled day off. (b) For employees assigned to a 4-10 schedule, all work in excess of ten (10) hours on any workday and all work performed on a regularly scheduled day off. (c) All work in excess of forty (40)hours in a work week. During shift rotation, only the daily overtime threshold (work over eight (8) or ten (10) hours in a day) of Article 13.1 will apply and overtime otherwise will be governed by Article 25, Section 25.3. All overtime pay shall be computed to the nearest one quarter(1/4)hour. Paid compensatory time off and all other paid time off, unless otherwise specified in this agreement, shall be counted as hours worked for purposes of determining overtime compensation. All non- paid time off shall not be counted as hours worked for purposes of determining overtime compensation. 13.2 Form of Compensation The employee may elect to be compensated for all overtime in cash, or he/she may elect to accrue compensatory time to the extent such is allowed by law,to a maximum accrued balance of sixty(60)hours, with the remainder to be paid in cash. Compensatory time off requests shall be treated consistently with all other time off requests. Compensatory time shall be scheduled and taken off in accordance with the Fair Labor Standards Act. Employees may contribute unused compensatory time to a bank which shall be maintained as an Association leave bank to be utilized by representatives of the Association to conduct business. The Association leave bank may contain no more than 200 hours of accumulated leave at any one time, and shall be accessed only when authorized by the Association. Leave from this bank of time will be scheduled by mutual agreement. 13.3 Callback Authorized court and call-back overtime shall be compensated at the below minimums: (a) On a Scheduled Work Day: Three (3)hours (either overtime pay or compensatory time at the rate of time and one-half, at the employee's choice, as provided in Section 13.2), but this minimum shall not apply if the court or call-back assignment begins one (1)hour or less before the start or after the end of the employee's regular shift. (b) On a Scheduled Day Off: Four(4)hours (either overtime or compensatory time at the rate of time and one-half, at the employee's choice, as provided in Section 13.2), scheduled days off include scheduled leave days,provided the employee complies with current court notification procedures. For purposes of this Section, court time starts from the Police Department unless the employee goes directly to court from home, in which case the time starts from the employee's arrival at court. As a condition of receipt of payment for the time involved, all witness fees, mileage allowances, and other remuneration paid for appearances in court proceedings under this Article shall be turned over to the City. An employee who is on court call-back remains on call- back until finally released for the day by the court. The parties agree that employees working in Detective and CCU assignments shall be eligible for call-back pay under the foregoing provisions, despite the fact that such employees are on a flexible work schedule in accordance with Section 12.2(d),above. For Detectives and CCU, the end of their"regular shift" shall be the time they left work on a particular day. The start of their"regular shift" shall be the time they were scheduled to come in on a particular day. 13.4 Court Cancelation An employee subpoenaed for court, who is not notified of a cancellation (meaning employee called the court docket line by 8:00 p.m., but after 5:00 p.m., with no indication of cancellation and was not notified otherwise via the phone number and/or email they provided) on or before 8:00 p.m. of the evening prior, is entitled to two (2)hours of overtime, unless covered by Section 13.3. This applies to any member of the bargaining unit not on a flexible work schedule. 13.5 Shift Differential Any member of the bargaining unit who has been employed at least one (1) year and who is required to work two (2) or more different shifts within a normal work week shall be compensated with two (2)hours of overtime for that week. This differential shall not apply when the above occurs as a result of mutual agreement between members of the bargaining unit for their own personal benefit. A person who has been employed at least six months but less than one year shall be entitled to shift differential if adjusted for purposes other than training. 13.6 Phone Calls While Off Duty If an employee receives a phone call from a supervisor while off duty that is related to his/her work for the City,the employee shall be paid for the actual time spent on the phone, provided the phone call lasts seven-and-a-half(7 ''/z)minutes or longer. Such calls that last less than seven-and-a-half(7 ''/2)minutes shall be considered de minimus and will not be compensated. 13.7 No Pyramiding The City shall not be required to pay twice for the same hours. ARTICLE 14—HOLIDAY COMPENSATION In lieu of holidays off, each full-time employee shall be credited with eight(8) hours of holiday time or cash, at the option of the employee, for each month worked. If the employee elects to receive holiday time, such time off shall be credited to his/her vacation/holiday account. Part-time employees shall receive a prorated holiday time credit on a prorated basis to that of a forty (40)hour employee. Within 30 days of the dates specified herein, employees will be required to advise the City what portion of their holiday time is to be converted to their vacation/holiday account and/or paid monthly or on the dates specified below. If an employee elects to have a portion of their holiday hours paid, such payment shall be made on December 1 and/or June 1 of each year and shall not exceed 48 hours on either date. The City will provide employees with a selection form and each employee will be required to make a selection and return the form within the time period described in this section. Employees electing to take such payment may also elect to have the payment made to their deferred compensation account, through the current method of completing the proper forms, so long as the amount does not place them above the Federal maximum for the calendar year. ARTICLE 15—VACATIONS 15.1 Accrual Vacations shall accrue as follows: Years of Continuous Monthly Annual Hours Equivalent Accrual Service Accrued Rate Days 0-12 months/0-1 yr. 6 2/3 hours 80 10 13-60 months/1-5 yr 8 hours 96 12 61-120 months/5-10 yrs 10 hours 120 15 121-180 months/10-15 yrs 12 hours 144 18 180-240 months/15-20 yrs 13 1/2 hours 162 20.25 Over 240 months/Over 20 yrs 16.0 hours 192 24 Notwithstanding the above specified rates of vacation accrual, no employee shall be allowed to accumulate vacation/holiday in excess of 280 hours. It shall be the responsibility of each employee to schedule sufficient vacation/holiday so that he/she is not denied accrual of additional vacation. If an employee is unable to take vacation, the cap will float up to a maximum of 300 hours, only if the employee has submitted a memo to their supervisor,prior to reaching 280 hours, that includes a plan for how/when they will reduce their balance back safely below the 280-hour cap. If then,the employee is unable to keep the plan due to the operational needs of the department, he/she may make arrangements with the Chief to exceed the maximum accrual specified above, so long as a revised plan for reduction is prepared that will reduce the balance safely below the 280-hour cap within a reasonable period of time. No employee shall be allowed to exceed the maximum accrual of 280 hours for more than a four-month total period. Accrued vacation shall be credited as earned vacation for each month of service. Part-time employees shall be credited with earned vacation on a prorated basis to that of a forty (40)hour employee, in accordance with the above schedule. Vacation accrued during the first six(6)months of continuous service shall not be credited as earned vacation until the employee completes the first six (6) months of continuous service. 15.2 Scheduling Vacation periods shall be scheduled at the mutual agreement of the City and the individual employee. Within fifteen (15)days after the completion of each shift bid, the City shall post a vacation bid sheet for two weeks. The most senior employee within each classification shall be afforded the first selection of vacation for the upcoming six-month shift bid period, followed by the next most senior employee within each classification, and so on. Each employee shall be allowed to select one continuous vacation period(vacation/holiday and comp time included) from the portions of the shift bid period in which vacation is available. A bid vacation will not be denied solely because it overlaps another bid vacation so long as the overlap does not exceed two days. After the seniority vacation selection as provided for above, all additional vacation will be scheduled subject to the operational needs of the department on a first-come first-served basis. Once a vacation request has been approved, it shall not be canceled by the City unless due to circumstances beyond the control of the City. 15.3 Separation All employees shall be entitled to payment for unused vacation/holiday and comp time upon separation from City service. In the event of death, the employee's heirs will be entitled to payment of such accrued time. 15.4 Bonus Employees, at their option, may elect to be paid up to forty(40)hours of accrued vacation in addition to vacation time taken when they take vacation leave totaling 40 hours paid time per fiscal year. ARTICLE 16—INSURANCE BENEFITS 16.1 Health, Dental and Vision Insurance Effective January 1, 2018,the City agrees to replace the CIS Regence Blue Cross Plan V-E-PPP medical insurance with Regence Blue Cross Copay B medical insurance ($500 individual, $1500 family deductible) including vision care, preventative care, and alternative care options, or substantially equivalent coverage contingent upon CIS' minimum enrollment requirements for each employee and all enrolled dependents including domestic partners, so long as domestic partners are allowable under the plans. Dental insurance will also be provided through Delta Dental,Kaiser Dental, or Willamette Dental. The City will pay ninety percent (90%) of the premium cost and the employee shall pay ten percent(10%) of the premium cost. Effective January 1, 2018, the city agrees to replace CIS Kaiser Plan A for CIS Kaiser Plan B, including vision, or substantially equivalent coverage contingent upon CIS' minimum enrollment requirements for each employee and all enrolled dependents including domestic partners, so long as domestic partners are allowable under the plans. Dental insurance will also be provided through Delta Dental, Kaiser Dental, or Willamette Dental. The city will pay ninety-one percent(91%)of the premium cost and the employee shall pay nine percent(9%) of the premium cost. Effective January 1, 2020, the city agrees to provide health coverage Kaiser Plan B, including vision, and dental insurance through Delta Dental, Kaiser Dental, or Willamette Dental or substantially equivalent coverage contingent upon CIS' minimum enrollment requirements for each employee and all enrolled dependents including domestic partners, so long as domestic partners are allowable under the plans. The city will pay ninety percent(90%) of the premium cost and the employee shall pay ten percent(10%)of the premium cost. Effective January 1, 2018 and for twelve months thereafter, all non-sworn TPOA staff will receive a$75.00 per month stipend, prorated based on FTE,to assist with the cost of insurance. Effective January 1, 2019 and for twelve months thereafter, all non-sworn TPOA staff will receive a$45.00 per month stipend, prorated based on FTE,to assist with the cost of insurance. If an excise tax is incurred by the City on behalf of an employee as imposed by the carrier because of the Affordable Care Act or amendments, this article shall re-open December 2, 2019 to negotiate potential changes to the existing medical plan and/or VEBA to reduce the total cost of these combined benefits in an effort to reduce and/or eliminate the impact of the excise tax. 16.2 Payroll Deduction Any insurance premiums paid by the employee in accordance with the foregoing provisions shall be paid by the employee via payroll deduction. This Agreement authorizes the City to make payroll deductions consistent with this Article 16, Section 1 with or without the employee's individual authorization. 16.3 Life and Disability Insurance The City agrees to provide and maintain the current life and disability insurance plan or a substitute plan of the same service delivery type at substantially the same or a better benefit level at no cost to the employee. The City agrees to make optional voluntary life insurance available for employee purchase subject to the limits available to the City. 16.4 Physical Examinations and Capability Test and Incentive Program The City may require each employee to take a physical examination, or it may choose to require such an examination only for sworn officers. Each employee who is required to take such an examination may choose to use his/her own physician, at the employee's expense, or to use a physician designated by the City, at the City's expense. The spirit of the physical examination and the annual physical capability test is for the welfare of the employee and is not intended to be punitive in any manner. The physical examination will focus on specific health maintenance issues and early identification of potential job related health problems in the future. The report form will address only those health issues related to personnel in their specific working environment. Access to the report is limited to the City Manager, Chief of Police, Human Resources Director,and the named employee. Recognizing that physical fitness is beneficial to the health and wellbeing of Employees, in addition to lowering the potential costs of healthcare and work related injuries, a physical fitness incentive program will be established beginning upon ratification. ORPAT INCENTIVE Employees will be provided the opportunity to participate in the DPSST certified ORPAT course twice per fiscal year. Scheduling of this testing shall be determined by the Chief of Police and will allow for make-up tests and re-tests as described herein. Recognizing that participation in this incentive program is purely voluntary, all ORPAT testing will be done off duty and without compensation. The City will provide the location and all testing equipment, including a certified ORPAT instructor to facilitate the testing. Prior to participating in the fitness incentive,employees will be required to sign a waiver indicating they understand the physical challenges of ORPAT and the risks of participating. If at any time, in the opinion of the ORPAT instructor or on scene supervisor,the employee appears to be in physical distress,the testing will be stopped. Those Employees who successfully complete the ORPAT course in a time that is considered passing on their first attempt will receive an incentive bonus of two hundred and fifty dollars ($250.00). An employee may take the ORPAT twice/year, with a maximum incentive of $500/fiscal year. The parties recognize that the City will reflect any and all amounts paid as allowances,bonuses, and/or incentives as subject to the IRS and Oregon payroll tax deduction. For purposes of this agreement,the minimum standard for passing will be the time established as passing by DPSST for an Entry Level Police Officer. If an Employee fails to pass the ORPAT,that Employee may request a re-test within (1) month after their first attempt. At the discretion of the Chief of Police, the Employee may be allowed to retake the ORPAT at a mutual agreed date, within (2)months after the Employee's request. If an Employee passes the ORPAT on their re-test they will receive an incentive bonus of one hundred and fifty dollars ($150). The parties recognize that the City will reflect any and all amounts paid as allowances, bonuses, and/or incentives as subject to the IRS and Oregon payroll tax deduction. If an Employee is unable to participate in the scheduled ORPAT test due to vacation, court, bona-fide illness or injury or other reasonable conflict, the Employee may request a make-up test without penalty so long as the make-up test is completed and passed within a mutually agreed time frame between the Employee and the Chief of Police. For make-up tests or re-tests to qualify, officers must first obtain pre- authorization from the Chief, and then coordinate the make-up or re-test with a local police agency, when that agency is running their own testing. Reasonable efforts shall be taken to complete the make-up test within (3) months of the originally missed scheduled test. Employees who choose not to participate, or who seek this incentive, but do not meet the minimum ORPAT passing standard as defined-in this agreement, will not be negatively impacted. 16.5 Retirement The City shall continue to participate in the Public Employees Retirement System for sworn officers employed by the City prior to August 28, 2003, and who are eligible to receive benefits under ORS Chapter 238 for service with the City pursuant to section 2 of chapter 733 Oregon, Laws 2003. The City shall participate in the Oregon Public Service Retirement Plan for sworn officers employed by the City on or after August 28, 2003, who are not eligible to receive benefits under ORS chapter 238 for service with the City pursuant to section 2 of chapter 733, Oregon Laws 2003. On behalf of employees in the Public Employees Retirement System,the City will continue to "pick up"the employee contribution as the law requires. The parties acknowledge that various challenges have been filed that contest the lawfulness, including the constitutionality, of various aspects of PERS reform legislation enacted by the 2003 Legislative Assembly, including chapters 67 (HB 2003)and 68 (HB 2004) of Oregon Laws 2003. Nothing in this agreement shall constitute a waiver of any party's rights, claims or defenses with respect to the PERS litigation. On behalf of employees in the Oregon Public Service Retirement Plan,the City will pay an amount equal to six percent(6%)of the employee's monthly salary, not to be deducted from the salary, as the employee's contribution to the employee's account when the employee becomes a member of the Individual Account Program established by section 29 of chapter 733, Oregon Laws 2003. The employee's contributions paid by the City shall not be considered to be "salary" under section 1(16)(c)of chapter 733, Oregon Laws 2003, for the purposes of computing a member's"final average salary"under section 10 of chapter 733, Oregon Laws 2003, or"salary"for the purposes of determining the amount of employee contributions required to be contributed pursuant to section 32 of chapter 733, Oregon Laws 2003. All non-sworn employees will receive a vested benefit into the ICMA 401(a) retirement program after six(6)months of continuous service with the City. The City's contribution will be 10%of the employee's base salary. 16.6 Liability The City shall continue liability protection as required by ORS 30.260 through 30.300 (Oregon Tort Claims Act). The City may choose to self-insure. 16.7 Plan Descriptions The City will annually provide each employee with a list and description of those insurance plans which this contract enumerates and a list and description of those plans which are available as options to City employees. 16.8 Flexible Spending Account The City will make available the IRS Section 125 flexible spending account for pre-tax group premiums, dependent care and other approved medical reimbursement purposes. 16.9 VEBA To help offset the cost of premium contributions or other health insurance expenses elected by the employee,the City will contribute $900 annually($75 per month)to a VEBA account on behalf of each bargaining unit member, starting December 1, 2011. 16.10 Deferred Compensation The City will contribute 1%of base monthly salary into the deferred compensation account of employees with ten(10)or more completed years of service as an employee of the City of Tigard within the TPOA bargaining unit. For employees who have completed fifteen (15)or more years of service, the City will contribute a total of 1.5%of base monthly salary into the employee's deferred compensation account. Eligible employees shall begin receiving contributions by the City pursuant to this Section in the first payroll period following ratification of this Agreement by both parties. To be eligible, an employee must meet the years of service requirement and have completed and filed the paperwork necessary to open and direct the contribution to an individual deferred compensation account. For the purposes of this Section, base monthly salary is defined as the monthly salary range and step of each individual as provided in Addendum A of this Agreement. This Section shall not apply to TPOA members currently receiving longevity payments pursuant to Section 30.2 of this Agreement. No contributions by the City pursuant to this section shall be retroactive. ARTICLE 17—SICK LEAVE 17.1 Purpose The purpose of sick leave is to allow continuation of pay while an employee recuperates from an illness or other approved reason causing absence as noted in Section 17.6. Sick leave is also intended to provide employees with the assurance of pay in order that they may be away from the job to avoid exposing others to illness. 17.2 Accrual System Employees shall be credited with eight(8)hours of accumulated sick leave for each full calendar month actively employed by the City. All regular employees and all probationary employees(after 30 days employment) are allowed sick leave for non-occupational disability. Sick leave may be accrued without a limit, except as provided for conversion to retirement. 17.3 Part-time Employees Sick leave benefits for part-time employees shall be granted on a prorated basis to that of a forty(40) hour employee. 17.4 Utilization Accumulated sick leave shall be payable at the employee's regular straight-time rate in an amount equal to the time the employee would have worked, to a maximum of ten(10) hours per day. Employees may utilize their allowance for sick leave whenever they are unable to perform their work duties by reason of illness or non-occupational injury. 17.5 Notification In the event an employee is absent from work because of sickness or injury,the employee shall notify the supervisor, at least one (1) hour prior to the employee's scheduled start time, of the expected absence and the nature and expected length thereof. However, should an employee fail to call within the first hour of the regular work shift due to extreme illness, a physician's statement may be required by the supervisor and shall be paid for by the City when so required in the event the employee's health insurance does not cover the cost. 17.6 Family Use Employees may use sick leave where there is an illness in their family which necessitates making arrangements for the ill relative. Members of the employee's family are defined as relatives and/or dependents domiciled in the employee's household. Variances to this policy are to be approved by the Chief of Police prior to authorization of sick leave. 17.7 Integration with Workers' Comp In the case of on-the-job injuries covered by Workers' Compensation,the City will provide to the employee payment of regular net salary. Payment of Workers' Compensation time-loss benefits will be received directly by the City. Should an employee receive a check for Workers' Compensation time-loss benefits, he/she shall endorse the check and give it to the Finance Director for deposit by the City. Sick leave will not be charged to the employee for injuries covered by Workers' Compensation or that are the result of on-the-job injury, during the initial 270 calendar days. At the conclusion of the initial 270 day period and for any period of time loss following the initial 270 days, relating to the same incident/injury,the eligible employee shall be required to use their sick leave or other leave benefits coordinated with their workers' compensation benefits to attain their regular pay. 17.8 Retirement or Death (a) Sworn employees covered by PERS shall have 50%of their unused sick leave credited to their retirement as per guidelines of PERS. In the event of the employee's death,the employee's heir will receive a cash death benefit equal to one-half of unused sick leave accrual at the time of death. This death benefit will be inapplicable if any portion of unused sick leave is converted for retirement or survivor benefits. (b) All other employees, including sworn employees under the Oregon Public Service Retirement Plan, who have completed 20 years of credited service and have reached their normal retirement date or have become disabled, shall have one-half(1/2) of their unused sick leave, excluding the first 350 hours }, applied to their retirement benefit. This benefit can be a cash-out at the employee's regular straight-time rate or the time can be applied to enable the employee to retire early, if the plan allows. In the event of the employee's death, his/her survivors would receive the cash benefit equal to one-half(1/2)of the value of the employee's unused sick leave,pursuant to the limitations noted above. 17.9 Vacation Bonus An employee shall receive eight(8)extra vacation hours for each twelve (12) consecutive months of non-use of sick leave from his/her most recent sick leave day. It shall be the responsibility of each employee to notify the department of his/her qualifications. 17.10 Appointment Leave Effective July 1, each employee shall receive sixteen (16) hours appointment leave to be used for medical or dental appointments. (Appointment leave will be non- accumulative.) 17.11 Family Medical Leave The City agrees to abide by the applicable provisions of state or federal law regarding family medical leave. 17.12 Sick Leave Donation An employee with a minimum of four hundred eighty(480)hours of unused sick leave may, on written notice to the City, donate sick leave time to another employee who has exhausted all sick leave and is in documented need of sick leave due to extended illness or injury. The donor's sick leave will first be converted to cash based on the donor's base salary and then converted to an appropriate amount of sick leave based on the donee's base salary. Such donations shall be limited to no more than 80 hours per year. 17.13 City Leave Donation Program In addition to the sick leave donation provision set forth above, employees in this bargaining unit may participate in the City's leave donation program as set forth in city policy. However, it is recognized that sick leave donation is not an option under the City's leave donation policy. 1 Non-sworn employees,employed Julyl,2014 or earlier,will not have the first 350 hours excluded. ARTICLE 18—LEAVE OF ABSENCE WITH PAY 18.1 Compassionate Leave In the event of a death in the employee's family or of an individual of significant personal relationship to the employee, employees will be granted three (3) days off except in the case of extended travel that requires at least 200 miles travel each way, in which case employees will be granted an entire work week. For the purpose of this Article, an employee's family shall mean: spouse,parent, children, step-children, step-parent, brother, brother-in-law, sister, sister- in-law, mother-in-law, father-in-law, grandparents, grandchildren and any other person who is a dependent of the employee. If additional time is required,the employee may utilize other accrued leave. Time taken under this provision runs concurrently with any OFLA bereavement leave to which the employee may be entitled. 18.2 Voting When an employee's work schedule is such that he/she would not be able to vote prior to or after his/her normally scheduled work hours, he/she shall be granted off duty time of up to two (2) hours to vote without loss of pay or accrued vacation. 18.3 Training (a) Training Information- The City shall provide the Association with information regarding law enforcement-related training opportunities as such information is received. The Association may submit recommendations for review by the Chief regarding the available training opportunities that it believes are of particular value or are lacking in value to the Department. (b) Mandatory Training-An employee may request assignment to a training activity or be so assigned upon the initiative of the Department. When an employee is assigned to attend a training activity,the following shall apply: 1. All receipted course registration fees,tuition, and other out-of-pocket expenses shall be reimbursed by the City. All textbooks and other literature received as a result of taking the training shall be the property of the City. 2. All mileage and per diem shall be reimbursed in accordance with this agreement. 3. All time required for travel and course attendance shall be paid at the employee's regular or overtime rate, as applicable. 4. For purposes of determining whether training is mandatory, the following guidelines will apply: Training necessary to certify an employee to perform their specific job duties and functions, keep an employee certified to perform their job duties and functions, or required of an employee by the Department to perform their job duties and functions shall be considered assigned mandatory training. The following are examples regarding the interpretation of this language: An employee wants to go to a school to be certified but is not assigned by the Department and the training is not required for their current assignment, not mandatory. An employee is assigned as a firearms training officer and needs to get certified as a firearms instructor before he/she can fulfill their job duties and functions as an instructor, mandatory. A motor officer goes to training and is certified. He/she requests to go to the Annual Motor Training Conference as mandatory training, not mandatory. (c) Voluntary Training- Training to which an employee is not specifically assigned pursuant to "b" above, shall be designated as voluntary training. Such training may occur on paid or non-paid time or a combination thereof and may be with full, partial, or no reimbursement of expenses. At the time that a training request is approved, the Department shall specify whether the training is considered to be voluntary or assigned and, if voluntary,the specified expenses, if any,that the City will reimburse and the paid time, if any,that the City will grant 18.4 Jury Duty (a) Employees shall be granted leave with pay for service upon a jury provided that the day to be served on jury duty is a scheduled work day. Should the employee's regular schedule be other than a day shift,the City shall reschedule the employee to a day shift for the duration of the employee's jury service. The City shall not incur any liability for adjusting the shift of the employee on jury duty or for adjusting any other employee's shift to comply with this Article. No more employees than reasonably necessary will be adjusted to fill in for the shift of the employee on jury duty. (b) The employee is required to seek all fees due him or her for such jury duty and turn said fees, excepting personal vehicle mileage, over to the City. Upon being excused from jury duty for any day,the employee shall immediately contact his supervisor for assignment of the remainder of his or her work day. (c) This Article shall only apply to those work weeks of the member during which the member is serving on an impaneled jury or is required to report for juror selection. 18.5 Military Leave (a) Subject to supervisory approval, employees may be allowed to voluntarily adjust their days off to accommodate weekend military duty. Supervisory approval is contingent upon operational needs such as minimum staffing levels, available work, etc. Flexible scheduling must take place within the employee's normal workweek. (b) Subsection (a) above is not intended to alter the city's obligation to comply with USERRA rules. ARTICLE 19—LEAVE WITHOUT PAY The City will consider a written application for leave of absence without pay, not to exceed one year, if the City finds there is reasonable justification to grant such leave and that the work of a department will not be jeopardized by the temporary absence of the employee. The City may terminate or cancel such leave by 30 days written notice mailed to the address given by the employee on his/her written application for such leave. Such leave may be denied if it is for the purpose of accepting employment outside the service of the City and notice that an employee has accepted permanent employment or entered into full time business or occupation may be accepted by the City as a resignation. Any employee who is granted a leave of absence without pay under this section and who for any reason fails to return to work at the expiration or termination of said leave of absence shall be considered as having resigned his/her position with the City and the position shall be declared vacant unless the employee, prior to the expiration of the leave of absence or prior to the termination date has furnished evidence that they are unable to work by reason of sickness, physical disability or other legitimate reasons beyond their control and seeks an extension of leave for such reason. Such a request for extension shall be in writing. An extension shall be granted only for a specified period of time and only if the City determines that the request is reasonable and justified and that the extension may be granted without jeopardizing the operation of the department. ARTICLE 20—GRIEVANCE PROCEDURE 20.1 Process To promote better relations, the parties agree to settle any disputes as to the meaning or interpretation of this contract by the following procedure: 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 fourteen (14) days from the occurrence thereof, or of the employee's knowledge thereof. The notice shall include: a) a statement of the grievance and relevant facts; b) provision of the contract violated; c) remedy sought. The supervisor shall respond to the grievance in writing within seven (7) days, with a copy to the Association. STEP 2: If after seven (7) days from the date of submission of the grievance to the supervisor the grievance remains unadjusted,the grievance may be submitted within seven (7) days to the Chief of Police. The Chief, or his/her designee, may meet with the aggrieved party, who may request an Association representative at the hearing. The Chief, or his/her designee, shall respond to the grievance in writing within fourteen (14)days with a copy to the Association. STEP 3: If after fourteen (14) days from the date of submission of the grievance to the Chief the grievance remains unadjusted, the grievance may be submitted within seven (7)days to the City Manager, or his/her designee,who shall meet with the aggrieved party and Association representatives and shall respond to the grievance in writing within fourteen(14) days with a copy to the Association. STEP 4: If the grievance is not resolved within fourteen (14) days from submission of the grievance to the City Manager, or his/her designee, it may be submitted within fourteen (14) days to an arbitrator. The arbitrator shall be selected by mutual agreement of the parties as follows: A list of eleven(11) Oregon/Washington arbitrators shall be requested from the Employment Relations Board who are members of the American Arbitration Association(AAA). If the parties cannot mutually agree to an arbitrator, they will by lot alternately strike one (1) name from the list until only one (1) is left. The one remaining shall be the arbitrator. The parties shall jointly request that the arbitrator render a decision in writing within thirty (30) days of the close of the hearing and receipt of briefs. The power of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated. The arbitrator shall have no authority to add to, subtract from, or modify this Agreement. The decision of the arbitrator shall be binding on both parties. The parties specifically agree that, in the event issues are submitted to arbitration (grievance or interest),the decision shall be strictly limited to those issues disputed by the parties. The costs of the arbitrator shall be borne by the losing party. Each party shall be responsible for the costs of presenting its own case to arbitration. 20.2 Time Limits Any time limits specified in this grievance procedure may be waived by mutual consent of the parties. "Day" shall be defined as calendar day. 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 constitute a denial of the grievance. 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. ARTICLE 21 —MILEAGE AND PER DIEM ALLOWANCE 21.1 Mileage Reimbursement Whenever an employee is authorized to use his/her personal vehicle in performance of official City duties, he/she shall be compensated at the standard IRS-allowed rate. 21.2 Expenses An employee traveling on authorized City business shall receive, in addition to his/her transportation and lodging expenses, a per diem allowance of not more than $50.00 ($10.00 breakfast, $15.00 lunch $25.00 dinner)per day, or fraction thereof, actually spent on City business for each programmed day of a conference or meeting and for time spent in travel, except that per diem for travel shall not exceed one(1)day each way. Per diem shall only apply when an employee is more than 20 miles from the City of Tigard. The purpose of per diem is to cover ordinary expenses such as meals, refreshment,tips, etc. If upon return to work the employee justified to the satisfaction of the City Manager that the per diem allowance was insufficient to cover reasonable actual costs,the per diem amount shall be adjusted accordingly by the City Manager. Employees anticipating the need for per diem compensation shall so advise the City Manager in advance of travel on forms provided by the City and receive advance authorization therefore. ARTICLE 22 —CLOTHING AND UNIFORM 22.1 Uniform If an employee is required to wear a uniform, such uniform shall be furnished by the City, and the City shall pay for initial tailoring. The City shall also provide duty gear and firearm(s). Duty gear and firearms shall be determined by the City; however, the City agrees to consult with the Association prior to making any final determination. An employee who has been provided with a firearm must carry the City-issued firearm. An employee who has been provided City-issued duty gear may use alternate duty gear,purchased by the employee, as long as such duty gear is on a list of City-approved duty gear. The employee shall make restitution to the City for loss or damage to any City supplied uniform, duty gear, or firearm unless such loss or damage occurred in the line of duty and was not caused by negligence on the part of the employee. Proper maintenance of a required uniform, duty gear, and firearm is the responsibility of the employee. The City shall be responsible for replacement all issued duty gear in accordance with the manufacturer's recommendations. 22.2 Clothing Allowance The City will provide a clothing allowance for employees while assigned to plain clothes duty at the rate of$50.00 per month. The provisions of this section shall apply to reimbursable expenses incurred in the fiscal year for reimbursement within the same fiscal year and shall apply only to sworn personnel who wear plain clothes seventy-five percent(75%) or more of duty time calculated monthly. 22.3 Property Reimbursement The City shall reimburse employees for personal property reasonably and necessarily worn or carried when such property is stolen, damaged, or destroyed as a direct result of the employee's performance of his/her official duties. Reimbursement shall not be granted if the negligence or wrongful conduct of the employee was a substantial contributing factor to the theft, damage, or destruction. 22.4 Cleaning The City shall provide employees with cleaning as needed for required uniforms and duty jackets. 22.5 Equipment Allowance The City will provide an allowance for personnel to purchase department-required and approved clothing or equipment. The equipment allowance will be in the amount of one hundred dollars ($100.00) per year, paid by separate check as of the first pay date following July 1 of each year, and will be for the purpose of reimbursing employees for the costs of equipment necessary for the performance of their job, including articles of clothing and footwear. ARTICLE 23 — SENIORITY 23.1 Definition Only regular full-time employees shall have seniority. Seniority shall be achieved following the completion of the probationary period as defined in Section 26.1 and shall thereafter be established as the employee's total unbroken service in the bargaining unit. Time spent in the armed forces on military leave of absence, authorized leaves with pay and time lost because of duty-connected disability shall be included in the employee's total unbroken length of service. If an employee is on an authorized leave without pay for a period in excess of fifteen (15) calendar days, such time in excess of fifteen (15) days shall not apply to seniority provided that the employee's seniority will not be considered broken or terminated by authorized leave in excess of fifteen (15) days. In cases where employees were hired on the same date, seniority order shall be determined by lot. Employees who are promoted to a position outside of the bargaining unit shall retain existing seniority but shall accrue no seniority during the time they work outside the unit. 23.2 Loss of Seniority Seniority shall be broken or terminated if an employee: (a) Quits; (b) Is discharged for just cause; (c) Is laid off and fails to respond to written notice as provided in Article 24; (d) Is laid off from work for any reason for twenty-four(24)months; (e) Fails to report to work at the termination of a leave of absence; (f) While on a leave of absence accepts employment without permission; (g) Is retired. If an employee's seniority is broken and he is subsequently hired to work in the Police Department, his seniority shall run from his most recent date of hire within the bargaining unit. 23.3 Application Seniority shall apply by classification in the matter of layoff, recall, and shift and days off bidding, except that if an employee has been demoted, seniority shall include all time in the employee's present or higher classification within the bargaining unit. Seniority shall apply by total unbroken service in the bargaining unit for purposes of vacation scheduling under Section 15.2. 23.4 Seniority List The City will provide the Association with a seniority list on January 1 and July 1 each year, if there has been a change. The Association may post it on the Association bulletin board. ARTICLE 24—LAYOFF AND RECALL In the event of layoff for any reason, employees shall be laid off in the inverse order of their seniority in their classification. Any employee who is to be laid off shall be given a position, in a lower classification in the bargaining unit, providing the employee has greater seniority than the employee being bumped, and is qualified to perform the requirements of the job. An employee who is promoted out of the bargaining unit and into management shall retain his/her unit seniority and may bump back into the unit, if laid off, if the management employee has the greater seniority as a unit member. The employee shall bump the employee in the lower class with the least seniority with the department. A sworn employee may not bump a non- sworn employee unless the sworn employee previously held the non-sworn classification. Employees shall be called back from layoff according to seniority in the classification from which the employees were laid off within the department. No new employees shall be hired in any classification until all employees on layoff status in that classification have had an opportunity to return to work. An employee on layoff status shall accept or decline an opening within fifteen (15) days of notice of termination of layoff. .Names shall be removed from the layoff list after 24 months, following the decline of an opening or failure to respond to an offer within fifteen (15) days. If there is a shortfall of unencumbered general purpose money in the General Fund and it is necessary to lay off personnel within the bargaining unit,the City and the Association will meet and consult prior to the City finalizing and implementing its decision. ARTICLE 25—SHIFT AND DAYS OFF BIDDING 25.1 Rotation All shifts shall be rotated each six (6)months on the first Sunday of the first full pay period in January and July of each year. 25.2 Shift and Days Off Prior to regular shift rotation, eligible employees shall be entitled to submit written bids for shift assignments and days off from the slots made available by the Department. Employee bids for both shifts and days off shall be submitted in writing to a designated supervisor at least 30 days prior to the regularly scheduled rotation. Shift and days off bids shall be honored on the basis of seniority within the bargaining unit except as follows: (a) Unless written permission is granted by the Chief or a designee, no employee shall be eligible to remain on the same shift more than 18 consecutive months. (b) Between regular shift rotations,the Chief or a designee may, for good cause and based upon a good faith analysis of operational and personnel needs of the Department reassign employees to a different shift. Such good faith assignments shall not be grievable but employees shall receive at least two (2) weeks' notice prior to such re-assignments, unless precluded by an emergency, and shall be afforded the opportunity to discuss the matter with the Chief. (c) Probationary employees shall not bid for shifts. 25.3 Overtime Waiver For the purpose of this article, the City shall not be obligated to pay overtime that arises as a result of shift rotation so long as the employee does not work more than 80 hours in a 14 day period or work more than five (5)consecutive days. 25.4 Adjustment of Schedules at Rotation During the week before and week of the shift rotation,the City may adjust schedules for the purpose of transitioning to the new shift,to prevent an employee from working more than five (5) days in a row. ARTICLE 26—PROBATIONARY PERIOD 26.1 Definitions (a) For Police Officers who have less than 24 months satisfactory experience with a state, county, or municipal law enforcement agency,the probationary period shall be 18 months. (b) For Police Officers with at least 24 months satisfactory experience with a state, county, or municipal law enforcement agency,the probationary period shall be 12 months. (c) Non-sworn personnel shall be subject to a 12 month probationary period. Prior to completion of the probationary period, employees may be discharged at will and such discharge shall not be subject to the grievance procedure. 26.2 Non-Sworn Promotional Probation All non-sworn promotions shall be subject to a six (6)month promotional probationary period. Any employee who fails to complete the probationary period, including any employee who is promoted to a position outside the bargaining unit, shall have the right to be reinstated to the classification he/she held prior to being promoted. ARTICLE 27—DISCIPLINE AND DISCHARGE 27.1 Definition Disciplinary action or measures for violations of rules or regulations shall include only the following: written reprimand, demotion, suspension, reduction in pay, other monetary assessment or discharge. Notice of suspension or discharge will be given in writing. Employees are subject to discipline or discharge for just cause. The parties agree that oral reprimands are not considered discipline. 27.2 Process If the City has reason to discipline an employee,the employee shall have the right to be represented by an Association representative during such procedure. If the City has reason to discipline an employee, it will take all reasonable measures to assure against embarrassment of the employee before other employees or the public. 27.3 Association Representation In the event of any interview which may reasonably lead to disciplinary action, the affected employee shall have the right to be assisted by an Association representative during such procedures. The parties mutually agree to the "Disciplinary Investigation Procedures" attached hereto as Addendum B and incorporated herein. ARTICLE 28—PERSONNEL FILE No material in any form which can reasonably be construed, interpreted, or acknowledged to be derogatory shall be placed in the employee's personnel files unless he/she has been allowed to read such material. Any employee upon his/her request shall have access to his/her personnel files and shall have the right of reproduction of his personnel files in full or in part. No portion of an employee's files shall be transmitted without the explicit consent and request of the employee, other than to those authorized within the Tigard Police Department, the City Manager or his/her staff, or a court of competent jurisdiction. The official personnel file shall be maintained in the Human Resources Department. ARTICLE 29—WAGES 29.1 Salary Schedules Effective July 1, 2017 wages shall be increased across the board by 2.0%. Effective the first full pay period in July,Association members will be provided a $950.00 signing bonus (pro-rated for part-time staff), if the contract is ratified on or before July 15, 2017. Effective January 1, 2018 the salary schedule for Police Officer shall be changed to reflect a market adjustment by adding a step 7, placed 5%above the current step 6. Officers will be eligible to attain step 7 after completing at least one year of service at step 6. Effective July 1, 2018 wages shall be increased across the board by an amount equal to the CPI-W West Urban Index (annual average) for 2017, by a minimum 0%and maximum of 4%. Effective July 1,2019 wages shall be increased across the board by an amount equal to the CPI-W West Urban Index (annual average) for 2018, by a minimum 0%and maximum of 4%. Each employee shall be paid at one of the steps in the range prescribed for his/her classification. Normally, an employee will be appointed or reinstated at the first step of the range established for his/her classification. The Chief may make an appointment or reinstatement above the first step. 29.2 Schedule Movement A new employee or promoted employee is eligible for consideration for advancement to the next step of the salary range for his/her classification at the beginning of the next pay period following completion of the equivalent of six (6)months of service. At six(6) months of service,the City shall have the discretion to advance an employee more than one (1) step, if the City deems it appropriate based on the employee's prior experience. Advancement of employees to higher pay steps shall not be automatic, but may be made to the next pay step in the employee's classification, effective on the first day of the next pay period following the completion of each 12 months of satisfactory work performance. Such advancement shall be subject to a written employee evaluation by the department head to the City Manager certifying that the employee had been making normal improvement in the ability to carry out his/her job assignment. Advancement may be withheld or postponed in the event the employee is not performing his or her job assignment satisfactorily. 29.3 Promotions Upon promotion, employees will move to the next highest step, minimum 5%pay increase, computed on the basis of the base rate of pay exclusive of premium, special assignment, or incentive/longevity pay. 29.4 Demotion Unless a lesser sanction is provided by the City Manager, an employee voluntarily demoted or demoted as a result of a disciplinary action shall be paid at the same step of the lower range as he/she occupied before being promoted, with consideration of length of service of the employee in the higher range. A demoted employee shall retain the same salary increase date. 29.5 Salary Range Changes When a range is changed,the employee's pay is based upon the same step of the new range as in the old. Such changes shall not alter the employee's eligibility for salary increases. 29.6 Pay Periods The City shall pay employees once every two weeks. ARTICLE 30—INCENTIVE PAY 30.1 Certification/Education Certification pay increments will begin as of the date of issuance shown on the certification. Educational achievement pay increments will begin as of the date of written notice to the City of a degree or equivalent hours. Members of the bargaining unit shall be eligible for educational and training incentive increments to be applied to their current salary after meeting the necessary education and training points for the intermediate or advanced certificate as set forth by DPSST. Incentive premiums and education requirements are as follows: Sworn Personnel Premium DPSST Certification Educational Achievement 2.50% - AA/AS or Equivalent Hours 4.25% Intermediate and/or BA/BS 6.25% Intermediate AA/AS or Equivalent Hours 7.25% Advanced - 8.75% Intermediate BAJBS or Equivalent Hours 8.75% Advanced AA/AS or Equivalent Hours 10.00% Advanced BA/BS or Equivalent Hours See DPSST Sworn Personnel certification Standards. 30.2 Longevity Longevity merit incentive shall be paid in accordance with the following schedule only to those employees with five (5)or more years of service with the City on or before ratification of this Agreement,who elect to be grandfathered into the longevity premium program in lieu of eligibility for advancement to a sixth(6th) step at five percent (5%) above Step 5. The one-time election must have been made by eligible employees during the window period established by the City following ratification of the 2002-2004 Agreement(effective January 1, 2018, employees currently receiving the longevity incentive may move to a maximum of Step 6): 2%after 5 years 3%after 6 years 4%after 7 years 5%after 8 years 6%after 9 years 7.5%after 10 years 10%after 15 years Employees with less than five(5) years of service with the City on or before ratification of this Agreement,will not be eligible for longevity under this section, but will be eligible for advancement to Step 7 consistent with Article 29, Section 29.2 governing schedule movement. The above percentages shall be applied to the individual employee's base salary but not to exceed a maximum of the top step of the police officer classification salary. These percentages shall be applied to the base pay step, not including educational incentive pay to previous longevity increases (i.e., shall not be compounded). 30.3 Special Assignment Pay Recognizing the right of the City to transfer and assign as determined by the Chief, special assignment pay will be paid per an employee's current assignment as follows Motorcycle' 5% K-9. 5% Detectives 5-10% (Including Metro Gang, Commercial Crimes and Narcotics) TNT 3-5% SRO 3-5% Gang Enforcement2 2.5% Transit Police (PPB)3 2.5% ' Canine Handler and Motor Cycle Officer activities shall be conducted on-duty. Acceptance of the assignment is based upon willingness to care for the animal or the motorcycle off-duty. Employees who serve as Canine Handlers or Motorcycle Officers shall receive a pay differential of five percent(5%)of their base salary while serving in that capacity,and shall not receive overtime wages for off-duty care of the animal or motorcycle. The parties intend to compensate for any off-duty care,cleaning,fueling,feeding or grooming at the overtime rate computed based upon the FLSA or Oregon minimum wage(whichever is greater). The five percent(5%) differential compensates for approximately 45 minutes per day. The parties agree that not more than 45 minutes per day is required for off-duty care of the motorcycle or animal. This agreement is based in part upon the Letter Ruling of September 25, 1985,of the Deputy Administrator,Wage and Hour Division,United States Department of Labor. The parties agree that commuting to work with the motorcycle or the dog does not constitute"hours of work"solely because of being on the bike or because the dog is in the vehicle. Motorcycle Officers and Canine Handlers shall not be entitled to a call back premium when duty concerns maintenance of the motorcycle or emergency care of their animal. Such time shall be treated as overtime. 2 The Gang Enforcement Officer special assignment pay is in recognition and consideration of the more directed patrol mission,the greater likelihood of becoming involved in more complex investigations and the need to address mission schedule flexibility. The Gang Enforcement Officer Position has a regular work schedule as defined in Section 12.2(a)and(b). It is agreed that the hours worked by the Gang Enforcement Officer may be flexed. 3 The Transit Police Division special assignment pay is in recognition and consideration of the more directed patrol mission,the greater likelihood of becoming involved in more complex investigations and the need to address mission schedule flexibility and the prerequisites of the IGA(Intergovernmental Agreement) between TriMet and the City of Tigard. The Transit Police Position has a regular work schedule as defined in article 12.2(a)and(b). It is agreed that the hours worked by the Transit Police Officer may be flexed. When a Transit Except in the case of Motorcycle and K-9 assignments, employees will receive 3%(5%for detectives)for the first year in any assignment and will be eligible for an increase to 5%(10%for detectives)after serving in the assignment for one year. Employees who have previously served in the assignment for more than one year shall start at the higher percentage. Notwithstanding any other provision of this Section 30.3, no employee may receive more than a total of 10%in special assignment pay(12.5%for Detectives). For career development, an employee may volunteer to work a shift in a specialty assignment in order to determine whether he/she wish to put in for such assignment. The Chief, in his discretion, may approve such voluntary assignment, based on operational needs. In such case,the employee shall not receive assignment pay for the shift in question nor shall the employee be eligible for shift differential under Article 13.4 for the shift in question. 30.4 Bilingual Incentive An employee shall be eligible to receive a$50/month Spanish language premium if they provide the City with proof on an annual basis that they meet standards acceptable to the City. Employees fluent in Spanish, as determined by an objective standard acceptable to the City and demonstrated annually, shall receive a premium of 2.5%instead of the $50/month Spanish language premium. The City may determine that other languages qualify for the foregoing bilingual incentives based on a demonstrated need. 30.5 Standby Any employee required to be on standby,whether on a weekend or during the workweek, will be compensated two dollars and twenty-five cents ($2.25) for every hour so acting. Employees on standby must be available by phone, able to respond within one hour of being called, and fit for duty. Police Officer's shift assignment is changed with the Transit Police unit,this shift change shall be completed pursuant to Sections 25.3 (Overtime Waiver)and 25.4(Adjustment of Schedule at Rotation)of the contract. 30.6 Acting Supervisor Appointment of non-supervisory personnel to a supervisory position may be made on an acting basis to fill a temporary vacancy. An employee holding an acting supervisory position shall be entitled to a five percent(5%)premium for all time so assigned. 30.7 Coaching Non-supervisory personnel assigned to coach newly hired or promoted police department employees shall be entitled to a pay increase of 5%of the top-step base pay, for the classification acting as a coach, for each day or part of a day for the duration of their acting assignment. 30.8 Higher Classification Employees assigned to work in a higher classification, other than what is described in Sections 30.6 & 30.7 of this Article, shall be entitled to a five percent(5%)premium for all time so assigned. 30.9 Take-Home Cars for Employees in Detective Assignments The City agrees that it will provide a take-home car for any employee in a Detective assignment. ARTICLE 31 —SAVINGS CLAUSE If any article or section of this Agreement or any amendment thereto should be rendered invalid by operation of the law, or held invalid by any lawful tribunal having jurisdiction, or if compliance with or enforcement of any article or section should be rendered unlawful by any lawful tribunal having jurisdiction, by statute passed after the effective date of this Agreement, or by the decision of a court of competent jurisdiction involving the same or similar language contained in the collective bargaining agreement of another public agency in Oregon, the remainder of this Agreement and addenda shall not be affected thereby, and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or section. ARTICLE 32—TERMINATION This contract shall be effective as of the date of its signing by both parties or as otherwise specified herein and shall remain in full force and effect until June 30, 2020. The parties agree to commence negotiations on or before February 15, 2020, for a successor Agreement. This contract shall remain in full force and effect during the period of negotiations. The parties agree to administer this contract and negotiate for a successor agreement in accordance with ORS 243.650, et seq., the Oregon Public Employee Collective Bargaining Law. Signed this day of 2017 CITY OF TIGARD, OREGON TIGARD POLICE OFFICERS' ASSOCIATION City Manager TPOA President Date: Date: Appendix A City of Tigard 2017-2018 Salary Schedule TPOA Group Range# Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 P6 Monthly $3,414 $3,585 $3,763 $3,951 $4,148 $4,356 Detective Secretary Hourly $19.69 $20.68 $21.71 $22.79 $23.93 $25.13 Police Records Specialist Annually $40,965 $43,021 $45,152 $47,408 $49,777 $52,272 Pay Period $1,575.58 $1,654.65 $1,736.61 $1,823.39 H.914.51 $2,010.46 P10 Monthly $3,768 $3,955 $4,152 $4,362 $4,580 $4,809 Property Evidence Specialist Hourly $21.74 $22.82 $23.96 $25.17 $26.42 $27.75 Youth Services Program Spec Annually $45,215 $47,458 $49,827 $52,347 $54,954 S57,712 Pay Period $1,739.02 $1,825.32 $1,916.44 $2,013.35 $2,113.63 $2,219.70 Pll Monthly S'),8()1 S4,054 $4,257 $4,470 $4,693 $4,928 Community Service Officer Hourly 52 2.2- 23.39 $24.56 $25.79 $27.08 $28.43 Annually $46,330 S48,649 $51,081 $53,638 $56,321 $59,141 Pay Period $1,781.93 $1,871.12 $1,964.65 $2,063.01 $2,166.18 $2,274.66 P19 Monthly $4,820 $4,940 , $5,187 $5,447 $5,719 $6,005 Police Officer Hourly $27.81 $28.50 $29.93 $31.42 $33.00 $34.65 Annually $57,837 $59,279 , $62,250 $65,359 , $68,630 $72,065 Pay Period $2,224.52 $2,279.96 $2,394.23 $2,513.79 $2,639.63 $2,771.73 Salary is effective 07/01/2017 includes 2.0%COLA 07/01/17 ADDENDUM B- DISCIPLINARY INVESTIGATION PROCEDURES A. Advance Notice Prior to any disciplinary investigation which could result in suspension or discharge, the employee concerned shall be notified not less than twenty-four(24) hours before the interview or such time as written reports are required, except when, in the opinion of the City, a delay will jeopardize the success of the investigation or when criminal conduct is at issue. If the employee is advised in writing that the interview will not be used against him or her for disciplinary purposes, then the 24 hour notice will not be required. An employee may voluntarily waive the above twenty-four hour(24-hour)notice. The notice shall include the specific reasons for the interview, a statement of whether the employee is a witness or a suspect, and any other information necessary to reasonably inform him/her of the nature of the investigation. The employee shall be notified of the right to and afforded an opportunity and facilities, subject only to scheduling limitation,to contact and consult privately with an attorney and/or a representative of the Association, and to have that representative and/or attorney present at any interview. The Association Representative representing the employee during the investigation may not be required to disclose, or be subject to disciplinary action for refusing to disclose, statements made by the Employee to the Representative for purposes of the representation. The Association will designate the Association Representative who will be representing the employee in the investigation and will notify the City of the designation. If there is a need for more than one Representative to be designated, the Association will explain the reason for the additional Representative(s)to the City. The parties agree that the Association may not designate a witness in the investigation as the Association Representative. B. The Interview 1. Interview shall be conducted in the Department Office unless mutual agreement of the parties or the particular circumstances of the situation require another location. 2. Any interview of an employee normally shall be when he/she is on duty, unless the serious nature of the investigation dictates otherwise. 3. Parties to the interview shall be limited to those reasonably necessary to conduct a thorough and fair investigation. The employee shall be informed as to the name, rank and command, or other similar information of all persons present, if they are unknown to him/her, and may have an Association or other representative present to witness the interview and assist him/her. 4. The interview shall be limited in scope to acts, events, circumstances and conduct which pertain to the subject investigation and shall be conducted in a manner devoid of intimidation or coercion. The employee shall be granted reasonable rest periods, with one(1) intermission every hour if so requested. Interviews exceeding two (2) hours shall he continued only by mutual consent. 5. The interview shall be recorded, and the employee shall be provided with a copy of the recording at the conclusion of the interview, or as soon as practicable thereafter, or he/she may record the interview himself/herself at his/her own expense, and the City shall be provided with a copy. If any portion of the recording is transcribed,the employee shall be given a copy. Interview proceedings shall be kept strictly confidential by all concerned. C. Investigation Findings: 1. When the investigation results in sustained charges of violation of department policy, the employee and the Association, upon request, shall be given a copy of the investigation, including all material facts of the matter. If available, such information will be provided in an electronic format(i.e. PDF or other protected format). 2. When the investigation results in discharge or suspension, the employee shall be notified immediately of the nature of the action to be taken, the reasons therefore, and the effective date of such action. Copies of the notice and summary report of the investigation shall be placed in the employee's personnel file and made available for his/her inspection. 3. An employee may protest any suspension or discharge through the regular contract grievance procedure. COLLECTIVE BARGAINING AGREEMENT BETWEEN TIGARD POLICE OFFICERS' ASSOCIATION AND THE CITY OF TIGARD Expires: June 30,202020 Resolution# TABLE OF CONTENTS PREAMBLE 33-2 ARTICLE 1 -RECOGNITION 443 ARTICLE 2-MAINTENANCE OF STATUS QUO 564 ARTICLE 3 - CHECK OFF AND PAYMENT IN LIEU OF DUES 666 ARTICLE 4 -EMPLOYEE RIGHTS 886 ARTICLE 5 -MANAGEMENT RIGHTS 99.7 ARTICLE 6-CITY SECURITY 10-188 ARTICLE 7-ASSOCIATION BUSINESS 111--1-4 ARTICLE 8 -GENERAL AND SPECIAL ORDERS 1343144 ARTICLE 9-DEPARTMENT MANUAL AND CONTRACT 141111 ARTICLE 10 -BULLETIN BOARD 151512 ARTICLE 11 -OUTSIDE EMPLOYMENT 164-64-3 ARTICLE 12 -HOURS OF WORK 1744 ARTICLE 13 - OVERTIME AND PREMIUM PAY 8 ARTICLE 14-HOLIDAY COMPENSATION 238 ARTICLE 15 -VACATIONS 244 ARTICLE 16 - INSURANCE BENEFITS 26262-1- ARTICLE 17 - SICK LEAVE 323225 ARTICLE 18 -LEAVE OF ABSENCE WITH PAY 353527 ARTICLE 19 -LEAVE WITHOUT PAY 383829 ARTICLE 20 - GRIEVANCE PROCEDURE 393938 City of Tigard and TPOA-Expiration Date: June 30,20172020 1 ARTICLE 21 -MILEAGE AND PER DIEM ALLOWANCE 411132 ARTICLE 22 - CLOTHING AND UNIFORM 42423-3 ARTICLE 23 - SENIORITY 444131 ARTICLE 24 -LAYOFF AND RECALL 461635 ARTICLE 25 - SHIFT AND DAYS OFF BIDDING 474736 ARTICLE 26 -PROBATIONARY PERIOD 48483-7 ARTICLE 27 -DISCIPLINE AND DISCHARGE 491938 ARTICLE 28 -PERSONNEL FILE 505033 ARTICLE 30 - INCENTIVE PAY 533342 ARTICLE 31 - SAVINGS CLAUSE 585546 ARTICLE 32-TERMINATION 595947 PREAMBLE This contract entered between the City of Tigard, Oregon, hereinafter referred to as the "City,"and the Tigard Police Officers' Association, hereinafter referred to as the "Association," has as its purpose the promotion of an efficient police department; harmonious relations between the City and the Association; the establishment of an equitable and peaceful procedure for the resolution of differences; and to set forth their entire agreement with regard to rates of pay,hours of work, and other conditions of employment. ARTICLE 1 —RECOGNITION The City recognizes the Association as the sole and exclusive bargaining agent with respect to wages, hours and other conditions of employment for the employees in the bargaining unit as set forth in Addendum A. The City shall notify the Association of its decision to add any new classifications to the Police Department. If the City and the Association cannot agree whether a new position is supervisory, managerial, confidential, or if a new classification should be included in the bargaining unit, the dispute shall be submitted to the Employment Relations Board. When the parties are unable to agree as to the representation status of such a new position, the City shall have the option of leaving the position vacant or filling the position at a provisional wage rate until the issue is resolved. If such a position is filled on a provisional basis and if there is a subsequent adjustment in the wage rate, such adjustment shall be retroactive to the date that the position was filled. The bargaining unit shall consist of those classifications listed in Addendum A that are regular full-time employees and those employees within those classifications that are regularly scheduled to work 20 hours or more per week, excluding supervisory and confidential employees as defined by the Public Employees' Collective Bargaining Act. ARTICLE 2—MAINTENANCE OF STATUS QUO The City shall be obligated to negotiate over existing conditions that are mandatory subjects of bargaining or the mandatory bargainable impacts, whether or not they are covered by this agreement, if the City intends to alter, change or modify such conditions. 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 or his/her designee with written notice of the proposed change. The Association shall have ten (10) days to object in writing to the person proposing the change or their designee. The failure of the Association to object in writing to the proposed change within ten (10)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 objection and identify whether the Association believes the proposed change involves a mandatory bargainable subject or a mandatory bargainable impact of a permissive subject. Thereafter,the parties shall bargain in good faith over said changes for a period not to exceed thirty(30) days. If after the passage of thirty(30) 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 eleven (11) Oregon and/or Washington arbitrators from the Employment Relations Board who are members of the American Arbitration Association (AAA). If the parties cannot mutually agree to an arbitrator,they will by lot alternately strike names and the last one (1) will be the arbitrator. The arbitrator shall conduct a hearing within thirty (30) days of announcement of his/her selection, or at such other time as the parties mutually agree. ARTICLE 3—CHECK OFF AND PAYMENT IN LIEU OF DUES 3.1 Check-off The City will deduct Association dues from the wages of employees when so authorized and directed in writing by the employee on the authorization form provided by the City. Any authorization for the payroll deductions may be canceled by any employee upon written notice to the City and the Association prior to the 15th day of each month,to be effective on the 1st day of the following month. The City will not be held liable for check-off errors but will make proper adjustments with the Association for errors as soon as is practicable. It is also agreed that neither any employee nor the Association shall have any claim against the City for any deductions made or not made, as the case may be, unless a claim of error is made in writing to the City within forty-five (45) calendar days after the date such deductions were or should have been made. 3.2 Payment in Lieu of Dues Any regular employee who is a member of the bargaining unit and has not joined the Association within thirty(30) days of becoming a regular employee, or who has joined within such time and then withdrawn from membership after such thirty(30)days, shall have deducted from his/her pay by the City a monthly service fee in the uniform amount of a payment in lieu of dues to the Association. The payment in lieu of dues shall be segregated by the Association and used on a pro-rata basis solely to defray the cost for its services rendered in negotiating and administering this Agreement. Such deduction shall be made only if accrued earnings are sufficient to cover the service fee after all other authorized payroll deductions have been made. 3.3 Religious Objection Any individual employee objecting to payment in lieu of dues based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member, is required to inform the City and the Association of his/her objection. The employee will meet with the representatives of the Association and establish a mutually satisfactory arrangement for distribution of a contribution of an amount of money equivalent to the above mentioned payment in lieu of dues to a charitable organization mutually agreed upon by the employee and the Association. The employee shall furnish written proof to the City that such has been accomplished, as appropriate. 3.4 Indemnification The Association will indemnify, defend and hold the City harmless against any claims made and against any suit instituted against the City as a result of any City action taken pursuant to the provisions of this Article. ARTICLE 4—EMPLOYEE RIGHTS 4.1 Employee Organizations Employees 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 shall also have the right to refuse to join and participate in the activities of any employee organization. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by an employee organization because of his exercise of these rights. 4.2 Non-Discrimination The City and the Association agree the provisions of this Contract shall be applied equally to all employees in the bargaining unit without discrimination as to age, marital status, race, color, sex, creed, religion, national origin, sexual orientation, labor organization affiliation, or political affiliation. ARTICLE 5—MANAGEMENT RIGHTS The City administration and department heads shall exercise the sole responsibility for management of the City and direction of its work force. To fulfill this responsibility,the rights of the City include, but are not limited to: establishing and directing activities of the City's departments and its employees, determining services to be rendered, standards of service and methods of operation, including subcontracting and the introduction of new technology and equipment; establishing procedures and standards for employment and promotion; to layoff, transfer and promote; to discipline or discharge for cause; to determine job descriptions; determine work schedules, to establish performance standards, and assign work; and any other rights except as provided in Article 2 of this Agreement. ARTICLE 6—CITY SECURITY The Association agrees that during the term of this contract its membership will not participate in any strike against the City under any circumstances. For the purpose of this contract, the meaning of the word "strike" is any concerted stoppage of work, slowdown, speedup, sit-down, absence from work upon any pretext that is not founded in fact, interruption of the operations of the City by the Association, or any similar act. Violation of this section by any bargaining unit member shall be grounds for disciplinary action up to and including discharge. ARTICLE 7—ASSOCIATION BUSINESS 7.1 Association Business Up to four(4)members of the bargaining unit selected to serve as authorized representatives shall be certified in writing to the Chief of Police. When authorized in advance, up to two (2) representatives shall be granted time off without loss of regular pay for the purpose of meeting with City representatives. Employees may attend Association meetings on duty, subject to call, when authorized by the Chief of Police. 7.2 Contract Negotiations The Association's negotiating team may be comprised of more than three (3) employees; provided however, that the City's obligation to allow such individuals to attend negotiations during duty hours without loss of pay shall be limited to three (3) individuals. Hours utilized for this purpose shall not be considered hours worked in determining the payment of overtime. The date,time, and place for negotiating sessions shall be established by mutual agreement between the parties. 7.3 Special Conferences Special conferences to discuss employment relations matters shall be arranged between the Association and the City or its designated representatives within a reasonable period of time after either party receives a request from the other party. Such meetings shall be arranged in advance, and an agenda of matters to be discussed at the meeting shall be presented at the time the request to confer is made. The Association members shall not lose time or pay for time spent in such conferences. Members of the bargaining unit may be allowed to attend conferences directly related to Association matters, provided the City receives sufficient advance notice of the dates of such conferences and the approval of the Chief of Police is obtained. The maximum number of days to be paid by the City shall not exceed an aggregate of six (6) conference days per year. The City shall not pay for travel, lodging, or per diem expenses of the members attending the conferences. ARTICLE 8—GENERAL AND SPECIAL ORDERS The City will furnish the Association with copies of all general or special orders from within the Police Department promulgated during the term of this Agreement pertaining to wages, hours, and conditions of employment. ARTICLE 9—DEPARTMENT MANUAL AND CONTRACT The City agrees to furnish each employee of the bargaining unit with an electronic copy of the Department Manual and a copy of this contract as provided by the Association for distribution. ARTICLE 10—BULLETIN BOARD The City agrees to furnish a suitable bulletin board in a convenient place to be used by the Association. The Association shall limit its posting of notices and bulletins to such bulletin board and shall limit its postings to Association business. Only members of the bargaining unit may post or remove items on the Association bulletin board. In the event the City desires that an item be removed, it will contact the Association with a request for such. The item will be removed if found inappropriate by the parties. ARTICLE 11 —OUTSIDE EMPLOYMENT Employees wishing to engage in off-duty employment with another employer must obtain approval from the Chief. ARTICLE 12—HOURS OF WORK 12.1 Work Week The work week, consistent with the operating requirements of the City, shall consist of a forty-hour(40-hour) shift schedule during a seven day calendar day period commencing midnight Sunday and ending midnight the following Sunday. 12.2 Work Schedule A "work schedule," consistent with the operating requirement of the City, shall be a 5-8, 4-10, alternative work week, flexible or part-time schedule as follows: (a) A "5-8"work schedule shall consist of five (5) consecutive days of eight(8) work hours each followed by two (2)consecutive days off. (b) A "4-10"work schedule shall consist of four(4) consecutive days of ten (10) work hours each followed by three (3)consecutive days off. (c) The City and the Association may agree to an alternative work schedule consisting of fixed hours other than a 5-8 or 4-10. In the event an alternative work schedule is implemented,the parties agree to meet to negotiate its implementation and any other contract changes as may be necessary. (d) A"flexible"work schedule shall be equal in total hours worked during the work week to that of a"5-8"employee, and unless otherwise agreed, shall have no maximum or minimum number of work hours per day or work days per week. Such work schedule shall not be in effect unless agreed upon in advance by the individual affected employee and the City. An employee's acceptance of such assignments constitutes the employee's voluntary agreement to a flexible schedule. The parties agree that all Detective and Commercial Crimes Unit assignments shall be on a flexible work schedule. The determination of any additional assignments that are expected to work a flexible work schedule will be subject to bargaining between the City and the Association. In the event the parties are unable to reach agreement, such matters may be pursued through the mid-term bargaining procedures set forth in Article 2. Detectives and CCU shall not be removed from the on-call roster just because they have reached 40 hours worked in the workweek. (e) A variable work schedule will be applicable to special assignments for Gang Enforcement, Transit Police and Street Crimes Units. Section 12.6 (Work Schedules) and 13.4 (Shift Differential) are not applicable to employees in these assignments. Hours worked by these assignments will not be flexed for purposes of mandatory training, court appearances, the avoidance of the Safety Release as defined in Article 12.7 and the avoidance of overtime thresholds as defined in Sections 13.1 (daily overtime)and 13.3 (call back). When either of these shift assignments are changed within the respective units, the shift change shall be completed pursuant to Sections 25.3 (overtime waiver) and 25.4 (adjustment of schedule at rotation) of the agreement. (f) "Regular part-time" employees shall be scheduled to work a portion of any of the above-specified schedules. (g) These schedules shall include meal and rest periods as set forth in this article. 12.3 Work Day The work day shall be a 24-hour period commencing at the start of the employee's regularly scheduled shift. 12.4 Meal Period Each employee covered by this agreement will be permitted a 30 minute paid meal period each workday to the extent consistent with operational or duty requirements, except for employees attending the academy or training where a longer lunch period is provided and the employee is relieved from duty, in which case, the lunch period shall be unpaid. 12.5 Rest Periods Each employee covered by this agreement will be permitted two (2), fifteen (15) minute paid rest periods each work day,to the extent consistent with operational or duty requirements. 12.6 Work Schedules An employee will normally be given adequate advance notice of any change in his regular hours of work, except where an emergency exists. Notice will not be given less than two (2) weeks prior to the employee's change of work schedule, except where a change of schedule is for the purpose of the employee's voluntary training or for the purpose of adjusting the schedule of a probationary employee not released for solo status. 12.7 Safety Release Employees working sixteen or more hours in a twenty-four hour period who provide notice to their supervisor at least one hour prior to reaching the sixteen-hour threshold may be given their next consecutive scheduled shift off with pay. In such event, no deduction shall be made from the employee's leave. If employees are directed to work their next consecutive scheduled shift, they shall be paid at the rate of time and one-half for such shift. The twenty-four hour period described herein shall commence at the start of the employee's regularly scheduled shift Employees who do not receive eight(8) consecutive hours off either before or after a court appearance will receive sufficient administrative hours off with pay to equal eight (8)hours off. Employees working the graveyard shift, K-9 and night traffic car, who appear in court on the day before the start of the first day of their consecutive work days shall receive sufficient administrative hours off with pay to equal eight(8) consecutive hours off after their court appearance. Employees assigned to any Detective assignment(including Narcotics and Metro Gang Enforcement) shall not be subject to Section 12.7. ARTICLE 13—OVERTIME AND PREMIUM PAY 13.1 Definition All work under the following conditions shall be compensated at the rate of time- and-one-half: (a) For employees assigned to a 5-8 schedule, all work in excess of eight(8) hours on any work day, and all work performed on a regularly scheduled day off. (b) For employees assigned to a 4-10 schedule, all work in excess of ten (10) hours on any workday and all work performed on a regularly scheduled day off. (c) All work in excess of forty (40)hours in a work week. During shift rotation, only the daily overtime threshold (work over eight (8) or ten (10) hours in a day) of Article 13.1 will apply and overtime otherwise will be governed by Article 25, Section 25.3. All overtime pay shall be computed to the nearest one quarter(1/4) hour. Paid compensatory time off and all other paid time off, unless otherwise specified in this agreement, shall be counted as hours worked for purposes of determining overtime compensation. All non- paid time off shall not be counted as hours worked for purposes of determining overtime compensation. 13.2 Form of Compensation The employee may elect to be compensated for all overtime in cash, or he/she may elect to accrue compensatory time to the extent such is allowed by law, to a maximum accrued balance of sixty (60) forty(40)hours, with the remainder to be paid in cash. Compensatory time off requests shall be treated consistently with all other time off requests. Compensatory time shall be scheduled and taken off in accordance with the Fair Labor Standards Act. Employees may contribute unused compensatory time to a bank which shall be maintained as an Association leave bank to be utilized by representatives of the Association to conduct business. The Association leave bank may contain no more than 200 hours of accumulated leave at any one time, and shall be accessed only when authorized by the Association. Leave from this bank of time will be scheduled by mutual agreement. 13.3 Callback Authorized court and call-back overtime shall be compensated at the below minimums: (a) On a Scheduled Work Day: Three (3) hours (either overtime pay or compensatory time at the rate of time and one-half, at the employee's choice, as provided in Section 13.2), but this minimum shall not apply if the court or call-back assignment begins one (1)hour or less before the start or after the end of the employee's regular shift. (b) On a Scheduled Day Off: Four(4) hours (either overtime or compensatory time at the rate of time and one-half, at the employee's choice, as provided in Section 13.2), scheduled days off include scheduled leave days,provided the employee complies with current court notification procedures. For purposes of this Section, court time starts from the Police Department unless the employee goes directly to court from home, in which case the time starts from the employee's arrival at court. As a condition of receipt of payment for the time involved, all witness fees, mileage allowances, and other remuneration paid for appearances in court proceedings under this Article shall be turned over to the City. An employee who is on court call-back remains on call- back until finally released for the day by the court. The parties agree that employees working in Detective and CCU assignments shall be eligible for call-back pay under the foregoing provisions, despite the fact that such employees are on a flexible work schedule in accordance with Section 12.2(d), above. For Detectives and CCU, the end of their"regular shift" shall be the time they left work on a particular day. The start of their"regular shift" shall be the time they were scheduled to come in on a particular day. 13.4 Court Cancelation An employee subpoenaed for court, who is not notified of a cancellation (meaning employee called the court docket line by 8:00 p.m., but after 5:00 p.m., with no indication of cancellation and was not notified otherwise via the phone number and/or email they provided)on or before 8:00 p.m. of the evening prior, is entitled to two (2) hours of overtime, unless covered by Section 13.3. This applies to any member of the bargaining unit not on a flexible work schedule. 13.4-5 Shift Differential Any member of the bargaining unit who has been employed at least one (1)year and who is required to work two (2) or more different shifts within a normal work week shall be compensated with two (2)hours of overtime for that week. This differential shall not apply when the above occurs as a result of mutual agreement between members of the bargaining unit for their own personal benefit. A person who has been employed at least six months but less than one year shall be entitled to shift differential if adjusted for purposes other than training. 13.3-6 Phone Calls While Off Duty If an employee receives a phone call from a supervisor while off duty that is related to his/her work for the City,the employee shall be paid for the actual time spent on the phone,provided the phone call lasts seven-and-a-half(7 1/2)minutes or longer. Such calls that last less than seven-and-a-half(7 1/2)minutes shall be considered de minimus and will not be compensated. 13.6 No Pyramiding The City shall not be required to pay twice for the same hours. ARTICLE 14—HOLIDAY COMPENSATION In lieu of holidays off, each full-time employee shall be credited with eight (8) hours of holiday time or cash, at the option of the employee, for each month worked. If the employee elects to receive holiday time, such time off shall be credited to his/her vacation/holiday account. Part-time employees shall receive a prorated holiday time credit on a prorated basis to that of a forty(40) hour employee. Within 30 days of the dates specified herein, employees will be required to advise the City what portion of their holiday time is to be converted to their vacation/holiday account and/or paid monthly or on the dates specified below. If an employee elects to have a portion of their holiday hours paid, such payment shall be made on December 1 and/or June 1 of each year and shall not exceed 48 hours on either date. The City will provide employees with a selection form and each employee will be required to make a selection and return the form within the time period described in this section. Employees electing to take such payment may also elect to have the payment made to their deferred compensation account, through the current method of completing the proper forms, so long as the amount does not place them above the Federal maximum for the calendar year. ARTICLE 15—VACATIONS 15.1 Accrual Vacations shall accrue as follows: Years of Continuous Monthly Annual Hours Equivalent Accrual Service Accrued Rate Days 0-12 months/0-1 yr. 6 2/3 hours 80 10 13-60 months/1-5 yrs 8 hours 96 12 61-120 months/5-10 yrs 10 hours 120 15 121-180 months/10-15 yrs 12 hours 144 18 180-240 months/15-20 yrs 13 1/2 hours 162 20.25 Over 240 months/Over 20 yrs 16.0 hours 192 24 Notwithstanding the above specified rates of vacation accrual,no employee shall be allowed to accumulate vacation/holiday in excess of 280 hours. It shall be the responsibility of each employee to schedule sufficient vacation/holiday so that he/she is not denied accrual of additional vacation. If an employee is unable to take vacation, the cap will float up to a maximum of 300 hours, only if the employee has submitted a memo to their supervisor,prior to reaching 280 hours,that includes a plan for how/when they will reduce their balance back safely below the 280-hour cap. If then, the employee is unable to keep the plan due to the operational needs of the department, he/she may make arrangements with the Chief to exceed the maximum accrual specified above, so long as a revised plan for reduction is prepared that will reduce the balance safely below the 280-hour cap within a reasonable period of time. No employee shall be allowed to exceed the maximum accrual of 280 hours for more than a four-month total period. Accrued vacation shall be credited as earned vacation for each month of service. Part-time employees shall be credited with earned vacation on a prorated basis to that of a forty (40) hour employee, in accordance with the above schedule. Vacation accrued during the first six (6) months of continuous service shall not be credited as earned vacation until the employee completes the first six (6) months of continuous service. 15.2 Scheduling Vacation periods shall be scheduled at the mutual agreement of the City and the individual employee. Within fifteen (15) days after the completion of each shift bid,the City shall post a vacation bid sheet for two weeks. The most senior employee within each classification shall be afforded the first selection of vacation for the upcoming six-month shift bid period, followed by the next most senior employee within each classification, and so on. Each employee shall be allowed to select one continuous vacation period (vacation/holiday and comp time included) from the portions of the shift bid period in which vacation is available. A bid vacation will not be denied solely because it overlaps another bid vacation so long as the overlap does not exceed two days. After the seniority vacation selection as provided for above, all additional vacation will be scheduled subject to the operational needs of the department on a first-come first-served basis. Once a vacation request has been approved, it shall not be canceled by the City unless due to circumstances beyond the control of the City. 15.3 Separation All employees shall be entitled to payment for unused vacation/holiday and comp time upon separation from City service. In the event of death,the employee's heirs will be entitled to payment of such accrued time. 15.4 Bonus Employees, at their option, may elect to be paid up to forty (40)hours of accrued vacation in addition to vacation time taken when they take vacation leave totaling 40 hours paid time per fiscal year. ARTICLE 16—INSURANCE BENEFITS 16.1 Health, Dental and Vision Insurance Effective January 1,20422018,the City agrees to prole-replace the CIS Regence Blue Cross Plan V-E-PPP medical insurance with Regence Blue Cross Copay B medical insurance ($500 individual, $1500 family deductible) including the-vision care, preventative care,option and alternative care options, :=• .: •• . . -- _- e `_ : : insurance-or substantially equivalent coverage contingent upon CIS' minimum enrollment requirements for each employee and all enrolled dependents including domestic partners, so long as domestic partners are allowable under the plans. Dental insurance will also be provided through Delta Dental, Kaiser Dental, or Willamette Dental. The City will pay ninety percent (90%) of the premium cost and the employee shall pay ten percent(10%) of the premium cost. Effective January 1, 2018, the city agrees to replace CIS Kaiser Plan A for CIS Kaiser Plan B, including vision, or substantially equivalent coverage contingent upon CIS' minimum enrollment requirements for each employee and all enrolled dependents including domestic partners, so long as domesticjartners are allowable under the plans. Dental insurance will also be provided through Delta Dental, Kaiser Dental, or Willamette Dental. The city will pay ninety-one percent(91%)of the premium cost and the employee shall pay nine percent(9%) of the premium cost. Effective January 1, 2020,the city agrees to provide health coverage Kaiser Plan B, including vision, and dental insurance through Delta Dental, Kaiser Dental, or Willamette Dental or substantially equivalent coverage contingent upon CIS' minimum enrollment requirements for each employee and all enrolled dependents including domestic partners, so long as domestic partners are allowable under the plans. The city will pay ninety percent(90%) of the premium cost and the employee shall pay ten percent(10%) of the premium cost. Effective January 1, 2018 and for twelve months thereafter, all non-sworn TPOA staff will receive a$75.00 per month stipend, prorated based on FTE,to assist with the cost of insurance. Effective January 1, 2019 and for twelve months thereafter, all non-sworn TPOA staff will receive a$45.00 per month stipend,prorated based on FTE,to assist with the cost of insurance. If an excise tax is incurred by the City on behalf of an employee as imposed by the carrier because of the Affordable Care Act or amendments,this article shall re-open December 2, 2019 to negotiate potential changes to the existing medical plan and/or VEBA to reduce the total cost of these combined benefits in an effort to reduce and/or eliminate the impact of the excise tax. - - - • • - -- •10, - - = -- - - - 16.2 Payroll Deduction Any insurance premiums paid by the employee in accordance with the foregoing provisions shall be paid by the employee via payroll deduction. This Agreement authorizes the City to make payroll deductions consistent with this Article 16, Section 1 with or without the employee's individual authorization. 16.3 Life and Disability Insurance The City agrees to provide and maintain the current life and disability insurance plan or a substitute plan of the same service delivery type at substantially the same or a better benefit level at no cost to the employee. The City agrees to make optional voluntary life insurance available for employee purchase subject to the limits available to the City. 16.4 Physical Examinations and Capability Test and Incentive Program The City may require each employee to take a physical examination, or it may choose to require such an examination only for sworn officers. Each employee who is required to take such an examination may choose to use his/her own physician, at the employee's expense, or to use a physician designated by the City, at the City's expense. The spirit of the physical examination and the annual physical capability test is for the welfare of the employee and is not intended to be punitive in any manner. The physical examination will focus on specific health maintenance issues and early identification of potential job related health problems in the future. The report form will address only those health issues related to personnel in their specific working environment. Access to the report is limited to the City Manager, Chief of Police, Human Resources Director, and the named employee. Recognizing that physical fitness is beneficial to the health and wellbeing of Employees, in addition to lowering the potential costs of healthcare and work related injuries, a physical fitness incentive program will be established beginning upon ratification. ORPAT INCENTIVE Employees will be provided the opportunity to participate in the DPSST certified ORPAT course twice per fiscal year. Scheduling of this testing shall be determined by the Chief of Police and will allow for make-up tests and re-tests as described herein. Recognizing that participation in this incentive program is purely voluntary, all ORPAT testing will be done off duty and without compensation. The City will provide the location and all testing equipment, including a certified ORPAT instructor to facilitate the testing. Prior to participating in the fitness incentive, employees will be required to sign a waiver indicating they understand the physical challenges of ORPAT and the risks of participating. If at any time, in the opinion of the ORPAT instructor or on scene supervisor,the employee appears to be in physical distress, the testing will be stopped. Those Employees who successfully complete the ORPAT course in a time that is considered passing on their first attempt will receive an incentive bonus of two hundred and fifty dollars ($250.00). An employee may take the ORPAT twice/year, with a maximum incentive of $500/fiscal year. The parties recognize that the City will reflect any and all amounts paid as allowances, bonuses, and/or incentives as subject to the IRS and Oregon payroll tax deduction. For purposes of this agreement,the minimum standard for passing will be the time established as passing by DPSST for an Entry Level Police Officer. If an Employee fails to pass the ORPAT,that Employee may request a re-test within(1)month after their first attempt.At the discretion of the Chief of Police,the Employee may be allowed to retake the ORPAT at a mutual agreed date,within(2)months after the Employee's request. If an Employee passes the ORPAT on their re-test they will receive an incentive bonus of one hundred and fifty dollars ($150). The parties recognize that the City will reflect any and all amounts paid as allowances, bonuses, and/or incentives as subject to the IRS and Oregon payroll tax deduction. If an Employee is unable to participate in the scheduled ORPAT test due to vacation, court, bona-fide illness or injury or other reasonable conflict,the Employee may request a make-up test without penalty so long as the make-up test is completed and passed within a mutually agreed time frame between the Employee and the Chief of Police. For make-up tests or re-tests to qualify, officers must first obtain pre- authorization from the Chief, and then coordinate the make-up or re-test with a local police agency,when that agency is running their own testing. Reasonable efforts shall be taken to complete the make-up test within(3)months of the originally missed scheduled test. Employees who choose not to participate,or who seek this incentive,but do not meet the minimum ORPAT passing standard as defined-in this agreement,will not be negatively impacted. 16.4-5 Retirement The City shall continue to participate in the Public Employees Retirement System for sworn officers employed by the City prior to August 28,2003, and who are eligible to receive benefits under ORS Chapter 238 for service with the City pursuant to section 2 of chapter 733 Oregon, Laws 2003. The City shall participate in the Oregon Public Service Retirement Plan for sworn officers employed by the City on or after August 28, 2003,who are not eligible to receive benefits under ORS chapter 238 for service with the City pursuant to section 2 of chapter 733, Oregon Laws 2003. On behalf of employees in the Public Employees Retirement System, the City will continue to"pick up"the employee contribution as the law requires. The parties acknowledge that various challenges have been filed that contest the lawfulness, including the constitutionality,of various aspects of PERS reform legislation enacted by the 2003 Legislative Assembly, including chapters 67(HB 2003)and 68 (HB 2004)of Oregon Laws 2003. Nothing in this agreement shall constitute a waiver of any party's rights, claims or defenses with respect to the PERS litigation. On behalf of employees in the Oregon Public Service Retirement Plan,the City will pay an amount equal to six percent(6%)of the employee's monthly salary,not to be deducted from the salary, as the employee's contribution to the employee's account when the employee becomes a member of the Individual Account Program established by section 29 of chapter 733, Oregon Laws 2003. The employee's contributions paid by the City shall not be considered to be "salary" under section 1(16)(c)of chapter 733, Oregon Laws 2003, for the purposes of computing a member's"final average salary"under section 10 of chapter 733, Oregon Laws 2003, or"salary" for the purposes of determining the amount of employee contributions required to be contributed pursuant to section 32 of chapter 733, Oregon Laws 2003. All non-sworn employees will receive a vested benefit into the ICMA 401(a) retirement program after six(6)months of continuous service with the City. The City's contribution will be 10%of the employee's base salary. 116. 8 Liability The City shall continue liability protection as required by ORS 30.260 through 30.300 (Oregon Tort Claims Act). The City may choose to self-insure. 16.67 Plan Descriptions The City will annually provide each employee with a list and description of those insurance plans which this contract enumerates and a list and description of those plans which are available as options to City employees. 16.E--8 Flexible Spending Account The City will make available the IRS Section 125 flexible spending account for pre-tax group premiums,dependent care and other approved medical reimbursement purposes. 16.8-9 VEBA To help offset the cost of premium contributions or other health insurance expenses elected by the employee,the City will contribute $900 annually ($75 per month)to a VEBA account on behalf of each bargaining unit member, starting December 1, 2011. 16.9-10 Deferred Compensation The City will contribute 1%of base monthly salary into the deferred compensation account of employees with ten (10) or more completed years of service as an employee of the City of Tigard within the TPOA bargaining unit. For employees who have completed fifteen (15) or more years of service, the City will contribute a total of 1.5%of base monthly salary into the employee's deferred compensation account. Eligible employees shall begin receiving contributions by the City pursuant to this Section in the first payroll period following ratification of this Agreement by both parties. To be eligible, an employee must meet the years of service requirement and have completed and filed the paperwork necessary to open and direct the contribution to an individual deferred compensation account. For the purposes of this Section, base monthly salary is defined as the monthly salary range and step of each individual as provided in Addendum A of this Agreement. This Section shall not apply to TPOA members currently receiving longevity payments pursuant to Section 30.2 of this Agreement. No contributions by the City pursuant to this section shall be retroactive. ARTICLE 17—SICK LEAVE 17.1 Purpose The purpose of sick leave is to allow continuation of pay while an employee recuperates from an illness or other approved reason causing absence as noted in Section 17.6. Sick leave is also intended to provide employees with the assurance of pay in order that they may be away from the job to avoid exposing others to illness. 17.2 Accrual System Employees shall be credited with eight(8) hours of accumulated sick leave for each full calendar month actively employed by the City. All regular employees and all probationary employees (after 30 days employment) are allowed sick leave for non-occupational disability. Sick leave may be accrued without a limit, except as provided for conversion to retirement. 17.3 Part-time Employees Sick leave benefits for part-time employees shall be granted on a prorated basis to that of a forty (40) hour employee. 17.4 Utilization Accumulated sick leave shall be payable at the employee's regular straight-time rate in an amount equal to the time the employee would have worked, to a maximum of ten(10) hours per day. Employees may utilize their allowance for sick leave whenever they are unable to perform their work duties by reason of illness or non-occupational injury. 17.5 Notification In the event an employee is absent from work because of sickness or injury,the employee shall notify the supervisor, at least one (1) hour prior to the employee's scheduled start time, of the expected absence and the nature and expected length thereof. However, should an employee fail to call within the first hour of the regular work shift due to extreme illness, a physician's statement may be required by the supervisor and shall be paid for by the City when so required in the event the employee's health insurance does not cover the cost. 17.6 Family Use Employees may use sick leave where there is an illness in their family which necessitates making arrangements for the ill relative. Members of the employee's family are defined as relatives and/or dependents domiciled in the employee's household. Variances to this policy are to be approved by the Chief of Police prior to authorization of sick leave. 17.7 Integration with Workers' Comp In the case of on-the-job injuries covered by Workers' Compensation, the City will provide to the employee payment of regular net salary. Payment of Workers' Compensation time-loss benefits will be received directly by the City. Should an employee receive a check for Workers' Compensation time-loss benefits, he/she shall endorse the check and give it to the Finance Director for deposit by the City. Sick leave will not be charged to the employee for injuries covered by Workers' Compensation or that are the result of on-the-job injury, during the initial 270 calendar days. At the conclusion of the initial 270 day period and for any period of time loss following the initial 270 days, relating to the same incident/injury, the eligible employee shall be required to use their sick leave or other leave benefits coordinated with their workers' compensation benefits to attain their regular pay. 17.8 Retirement or Death (a) Sworn employees covered by PERS shall have 50%of their unused sick leave credited to their retirement as per guidelines of PERS. In the event of the employee's death, the employee's heir will receive a cash death benefit equal to one-half of unused sick leave accrual at the time of death. This death benefit will be inapplicable if any portion of unused sick leave is converted for retirement or survivor benefits. (b) All other employees, including sworn employees under the Oregon Public Service Retirement Plan, who have completed 20 years of credited service and have reached their normal retirement date or have become disabled, shall have one-half(1/2)of their unused sick leave, excluding the first 350 hours I, applied to their retirement benefit. This benefit can be a cash-out at the employee's regular straight-time rate or the time can be applied to enable the employee to retire early, if the plan allows. In the event of the employee's death, his/her survivors would receive the cash benefit equal to one-half(1/2) of the value of the employee's unused sick leave, pursuant to the limitations noted above. 17.9 Vacation Bonus An employee shall receive eight(8) extra vacation hours for each twelve (12) consecutive months of non-use of sick leave from his/her most recent sick leave day. It shall be the responsibility of each employee to notify the department of his/her qualifications. 17.10 Appointment Leave Effective July 1, each employee shall receive sixteen (16) hours appointment leave to be used for medical or dental appointments. (Appointment leave will be non- accumulative.) 17.11 Family Medical Leave The City agrees to abide by the applicable provisions of state or federal law regarding family medical leave. 17.12 Sick Leave Donation An employee with a minimum of four hundred eighty (480) hours of unused sick leave may, on written notice to the City, donate sick leave time to another employee who has exhausted all sick leave and is in documented need of sick leave due to extended illness or injury. The donor's sick leave will first be converted to cash based on the donor's base salary and then converted to an appropriate amount of sick leave based on the donee's base salary. Such donations shall be limited to no more than 80 hours per year. 17.13 City Leave Donation Program In addition to the sick leave donation provision set forth above, employees in this bargaining unit may participate in the City's leave donation program as set forth in city policy. However, it is recognized that sick leave donation is not an option under the City's leave donation policy. 'Non-sworn employees,employed Julyl,2014 or earlier,will not have the first 350 hours excluded. ARTICLE 18—LEAVE OF ABSENCE WITH PAY 18.1 Compassionate Leave In the event of a death in the employee's family or of an individual of significant personal relationship to the employee, employees will be granted three (3)days off except in the case of extended travel that requires at least 200 miles travel each way, in which case employees will be granted an entire work week. For the purpose of this Article, an employee's family shall mean: spouse,parent, children, step-children, step-parent,brother,brother-in-law, sister, sister- in-law,mother-in-law, father-in-law, grandparents,grandchildren and any other person who is a dependent of the employee. If additional time is required,the employee may utilize other accrued leave. Time taken under this provision runs concurrently with any OFLA bereavement leave to which the employee may be entitled. 18.2 Voting When an employee's work schedule is such that he/she would not be able to vote prior to or after his/her normally scheduled work hours, he/she shall be granted off duty time of up to two (2)hours to vote without loss of pay or accrued vacation. 18.3 Training (a) Training Information-The City shall provide the Association with information regarding law enforcement-related training opportunities as such information is received. The Association may submit recommendations for review by the Chief regarding the available training opportunities that it believes are of particular value or are lacking in value to the Department. (b) Mandatory Training-An employee may request assignment to a training activity or be so assigned upon the initiative of the Department. When an employee is assigned to attend a training activity,the following shall apply: 1. All receipted course registration fees,tuition, and other out-of-pocket expenses shall be reimbursed by the City. All textbooks and other literature received as a result of taking the training shall be the property of the City. 2. All mileage and per diem shall be reimbursed in accordance with this agreement. 3. All time required for travel and course attendance shall be paid at the employee's regular or overtime rate, as applicable. 4. For purposes of determining whether training is mandatory, the following guidelines will apply: Training necessary to certify an employee to perform their specific job duties and functions, keep an employee certified to perform their job duties and functions, or required of an employee by the Department to perform their job duties and functions shall be considered assigned mandatory training. The following are examples regarding the interpretation of this language: An employee wants to go to a school to be certified but is not assigned by the Department and the training is not required for their current assignment, not mandatory. An employee is assigned as a firearms training officer and needs to get certified as a firearms instructor before he/she can fulfill their job duties and functions as an instructor, mandatory. A motor officer goes to training and is certified. He/she requests to go to the Annual Motor Training Conference as mandatory training, not mandatory. (c) Voluntary Training- Training to which an employee is not specifically assigned pursuant to "b" above, shall be designated as voluntary training. Such training may occur on paid or non-paid time or a combination thereof and may be with full, partial, or no reimbursement of expenses. At the time that a training request is approved, the Department shall specify whether the training is considered to be voluntary or assigned and, if voluntary,the specified expenses, if any, that the City will reimburse and the paid time, if any,that the City will grant 18.4 Jury Duty (a) Employees shall be granted leave with pay for service upon a jury provided that the day to be served on jury duty is a scheduled work day. Should the employee's regular schedule be other than a day shift, the City shall reschedule the employee to a day shift for the duration of the employee's jury service. The City shall not incur any liability for adjusting the shift of the employee on jury duty or for adjusting any other employee's shift to comply with this Article. No more employees than reasonably necessary will be adjusted to fill in for the shift of the employee on jury duty. (b) The employee is required to seek all fees due him or her for such jury duty and turn said fees, excepting personal vehicle mileage, over to the City. Upon being excused from jury duty for any day,the employee shall immediately contact his supervisor for assignment of the remainder of his or her work day. (c) This Article shall only apply to those work weeks of the member during which the member is serving on an impaneled jury or is required to report for juror selection. 18.5 Military Leave (a) Subject to supervisory approval, employees may be allowed to voluntarily adjust their days off to accommodate weekend military duty. Supervisory approval is contingent upon operational needs such as minimum staffing levels, available work, etc. Flexible scheduling must take place within the employee's normal workweek. (b) Subsection (a)above is not intended to alter the city's obligation to comply with USERRA rules. ARTICLE 19—LEAVE WITHOUT PAY The City will consider a written application for leave of absence without pay, not to exceed one year, if the City finds there is reasonable justification to grant such leave and that the work of a department will not be jeopardized by the temporary absence of the employee. The City may terminate or cancel such leave by 30 days written notice mailed to the address given by the employee on his/her written application for such leave. Such leave may be denied if it is for the purpose of accepting employment outside the service of the City and notice that an employee has accepted permanent employment or entered into full time business or occupation may be accepted by the City as a resignation. Any employee who is granted a leave of absence without pay under this section and who for any reason fails to return to work at the expiration or termination of said leave of absence shall be considered as having resigned his/her position with the City and the position shall be declared vacant unless the employee, prior to the expiration of the leave of absence or prior to the termination date has furnished evidence that they are unable to work by reason of sickness, physical disability or other legitimate reasons beyond their control and seeks an extension of leave for such reason. Such a request for extension shall be in writing. An extension shall be granted only for a specified period of time and only if the City determines that the request is reasonable and justified and that the extension may be granted without jeopardizing the operation of the department. ARTICLE 20—GRIEVANCE PROCEDURE 20.1 Process To promote better relations,the parties agree to settle any disputes as to the meaning or interpretation of this contract by the following procedure: 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 fourteen(14)days from the occurrence thereof, or of the employee's knowledge thereof. The notice shall include: a) a statement of the grievance and relevant facts; b) provision of the contract violated; c) remedy sought. The supervisor shall respond to the grievance in writing within seven(7)days, with a copy to the Association. STEP 2: If after seven(7)days from the date of submission of the grievance to the supervisor the grievance remains unadjusted,the grievance may be submitted within seven(7) days to the Chief of Police. The Chief,or his/her designee,may meet with the aggrieved party, who may request an Association representative at the hearing. The Chief, or his/her designee, shall respond to the grievance in writing within fourteen(14)days with a copy to the Association. STEP 3: If after fourteen (14)days from the date of submission of the grievance to the Chief the grievance remains unadjusted,the grievance may be submitted within seven(7)days to the City Manager,or his/her designee,who shall meet with the aggrieved party and Association representatives and shall respond to the grievance in writing within fourteen(14)days with a copy to the Association. STEP 4: If the grievance is not resolved within fourteen(14) days from submission of the grievance to the City Manager, or his/her designee, it may be submitted within fourteen(14)days to an arbitrator. The arbitrator shall be selected by mutual agreement of the parties as follows: A list of eleven(11) Oregon/Washington arbitrators shall be requested from the Employment Relations Board who are members of the American Arbitration Association (AAA). If the parties cannot mutually agree to an arbitrator, they will by lot alternately strike one (1) name from the list until only one (1) is left. The one remaining shall be the arbitrator. The parties shall jointly request that the arbitrator render a decision in writing within thirty(30)days of the close of the hearing and receipt of briefs. The power of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated. The arbitrator shall have no authority to add to, subtract from, or modify this Agreement. The decision of the arbitrator shall be binding on both parties. The parties specifically agree that, in the event issues are submitted to arbitration (grievance or interest), the decision shall be strictly limited to those issues disputed by the parties. The costs of the arbitrator shall be borne by the losing party. Each party shall be responsible for the costs of presenting its own case to arbitration. 20.2 Time Limits Any time limits specified in this grievance procedure may be waived by mutual consent of the parties. "Day" shall be defined as calendar day. 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 constitute a denial of the grievance. 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. ARTICLE 21 —MILEAGE AND PER DIEM ALLOWANCE 21.1 Mileage Reimbursement Whenever an employee is authorized to use his/her personal vehicle in performance of official City duties, he/she shall be compensated at the standard IRS-allowed rate. 21.2 Expenses An employee traveling on authorized City business shall receive, in addition to his/her transportation and lodging expenses, a per diem allowance of not more than $50.00 ($10.00 breakfast, $15.00 lunch $25.00 dinner) per day, or fraction thereof, actually spent on City business for each programmed day of a conference or meeting and for time spent in travel, except that per diem for travel shall not exceed one (1) day each way. Per diem shall only apply when an employee is more than 20 miles from the City of Tigard. The purpose of per diem is to cover ordinary expenses such as meals, refreshment, tips, etc. If upon return to work the employee justified to the satisfaction of the City Manager that the per diem allowance was insufficient to cover reasonable actual costs, the per diem amount shall be adjusted accordingly by the City Manager. Employees anticipating the need for per diem compensation shall so advise the City Manager in advance of travel on forms provided by the City and receive advance authorization therefore. ARTICLE 22—CLOTHING AND UNIFORM 22.1 Uniform If an employee is required to wear a uniform,Ssuch uniform shall be furnished by the City, and the City shall pay for initial tailoring. • • . .• . • - . - . . . . - . - . . . •. -. - . _ . . _ - . . . , !!•, The City shall also provide leathe(ware duty gear and firearm. Duty gear and firearms shall be determined by the City however.,the City agrees to consult with the Association prior to making any final determination. An employee who has been provided with a firearm must carry the City-issued firearm. An employee who has been provided City-issuedduty gear may use alternate le��uty gear,purchased by the employee, as long as such leatherwaFe duty gear is on a list of City-approved-leatheFwafe duty gear. The employee shall make restitution to the City for loss or damage to any City supplied uniform,leathe a-duty gear,or firearm unless such loss or damage occurred in the line of duty and was not caused by negligence on the part of the employee. Proper maintenance of a required uniform, leatherware duty gear, and firearm is the responsibility of the employee_;—howevef-,-tThe City shall be responsible for replacement all issued duty gear in accordance with the manufacturer's recommendations. 22.2 Clothing Allowance The City will provide a clothing allowance for employees while assigned to plain clothes duty at the rate of$50.00 per month. The provisions of this section shall apply to reimbursable expenses incurred in the fiscal year for reimbursement within the same fiscal year and shall apply only to sworn personnel who wear plain clothes seventy-five percent(75%)or more of duty time calculated monthly. 22.3 Property Reimbursement The City shall reimburse employees for personal property reasonably and necessarily worn or carried when such property is stolen,damaged, or destroyed as a direct result of the employee's performance of his/her official duties. Reimbursement shall not be granted if the negligence or wrongful conduct of the employee was a substantial contributing factor to the theft, damage, or destruction. 22.4 Cleaning The City shall provide d-employees with two (2) cleanings-}ger as needed for required uniforms;and •- . . . •. _ . -: . •• •uty jackets . _ .. - :. ' ' - . . _ : _ . - . _ - - . 22.5 Equipment Allowance The City will provide an allowance for personnel to purchase department-required and approved clothing or equipment. The equipment allowance will be in the amount of one hundred dollars($100.00)per year,paid by separate check as of the first pay date following July 1 of each year, and will be for the purpose of reimbursing employees for the costs of equipment necessary for the performance of their job, including articles of clothing and footwear. ARTICLE 23—SENIORITY 23.1 Definition Only regular full-time employees shall have seniority. Seniority shall be achieved following the completion of the probationary period as defined in Section 26.1 and shall thereafter be established as the employee's total unbroken service in the bargaining unit. Time spent in the armed forces on military leave of absence, authorized leaves with pay and time lost because of duty-connected disability shall be included in the employee's total unbroken length of service. If an employee is on an authorized leave without pay for a period in excess of fifteen (15) calendar days, such time in excess of fifteen(15) days shall not apply to seniority provided that the employee's seniority will not be considered broken or terminated by authorized leave in excess of fifteen (15)days. In cases where employees were hired on the same date, seniority order shall be determined by lot. Employees who are promoted to a position outside of the bargaining unit shall retain existing seniority but shall accrue no seniority during the time they work outside the unit. 23.2 Loss of Seniority Seniority shall be broken or terminated if an employee: (a) Quits; (b) Is discharged for just cause; (c) Is laid off and fails to respond to written notice as provided in Article 24; (d) Is laid off from work for any reason for twenty-four(24) months; (e) Fails to report to work at the termination of a leave of absence; (f) While on a leave of absence accepts employment without permission; (g) Is retired. If an employee's seniority is broken and he is subsequently hired to work in the Police Department, his seniority shall run from his most recent date of hire within the bargaining unit. 23.3 Application Seniority shall apply by classification in the matter of layoff, recall, and shift and days off bidding, except that if an employee has been demoted, seniority shall include all time in the employee's present or higher classification within the bargaining unit. Seniority shall apply by total unbroken service in the bargaining unit for purposes of vacation scheduling under Section 15.2. 23.4 Seniority List The City will provide the Association with a seniority list on January 1 and July 1 each year, if there has been a change. The Association may post it on the Association bulletin board. ARTICLE 24—LAYOFF AND RECALL In the event of layoff for any reason, employees shall be laid off in the inverse order of their seniority in their classification. Any employee who is to be laid off shall be given a position, in a lower classification in the bargaining unit,providing the employee has greater seniority than the employee being bumped, and is qualified to perform the requirements of the job. An employee who is promoted out of the bargaining unit and into management shall retain his/her unit seniority and may bump back into the unit, if laid off, if the management employee has the greater seniority as a unit member. The employee shall bump the employee in the lower class with the least seniority with the department. A sworn employee may not bump a non- sworn employee unless the sworn employee previously held the non-sworn classification. Employees shall be called back from layoff according to seniority in the classification from which the employees were laid off within the department. No new employees shall be hired in any classification until all employees on layoff status in that classification have had an opportunity to return to work. An employee on layoff status shall accept or decline an opening within fifteen(15) days of notice of termination of layoff. .Names shall be removed from the layoff list after 24 months, following the decline of an opening or failure to respond to an offer within fifteen (15) days. If there is a shortfall of unencumbered general purpose money in the General Fund and it is necessary to lay off personnel within the bargaining unit, the City and the Association will meet and consult prior to the City finalizing and implementing its decision. ARTICLE 25—SHIFT AND DAYS OFF BIDDING 25.1 Rotation All shifts shall be rotated each six (6) months on the first Sunday of the first full pay period in January and July of each year. 25.2 Shift and Days Off Prior to regular shift rotation,eligible employees shall be entitled to submit written bids for shift assignments and days off from the slots made available by the Department. Employee bids for both shifts and days off shall be submitted in writing to a designated supervisor at least 30 days prior to the regularly scheduled rotation. Shift and days off bids shall be honored on the basis of seniority within the bargaining unit except as follows: (a) Unless written permission is granted by the Chief or a designee, no employee shall be eligible to remain on the same shift more than 18 consecutive months. (b) Between regular shift rotations,the Chief or a designee may, for good cause and based upon a good faith analysis of operational and personnel needs of the Department reassign employees to a different shift. Such good faith assignments shall not be grievable but employees shall receive at least two (2) weeks' notice prior to such re-assignments, unless precluded by an emergency, and shall be afforded the opportunity to discuss the matter with the Chief. (c) Probationary employees shall not bid for shifts. 25.3 Overtime Waiver For the purpose of this article, the City shall not be obligated to pay overtime that arises as a result of shift rotation so long as the employee does not work more than 80 hours in a 14 day period or work more than five (5)consecutive days. 25.4 Adjustment of Schedules at Rotation During the week before and week of the shift rotation, the City may adjust schedules for the purpose of transitioning to the new shift,to prevent an employee from working more than five (5) days in a row. ARTICLE 26—PROBATIONARY PERIOD 26.1 Definitions (a) For Police Officers who have less than 24 months satisfactory experience with a state, county, or municipal law enforcement agency,the probationary period shall be 18 months. (b) For Police Officers with at least 24 months satisfactory experience with a state, county, or municipal law enforcement agency,the probationary period shall be 12 months. (c) Non-sworn personnel shall be subject to a 12 month probationary period. Prior to completion of the probationary period,employees may be discharged at will and such discharge shall not be subject to the grievance procedure. 26.2 Non-Sworn Promotional Probation All non-sworn promotions shall be subject to a six(6)month promotional probationary period. Any employee who fails to complete the probationary period, including any employee who is promoted to a position outside the bargaining unit, shall have the right to be reinstated to the classification he/she held prior to being promoted. ARTICLE 27—DISCIPLINE AND DISCHARGE 27.1 Definition Disciplinary action or measures for violations of rules or regulations shall include only the following: written reprimand, demotion, suspension, reduction in pay, other monetary assessment or discharge. Notice of suspension or discharge will be given in writing. Employees are subject to discipline or discharge for just cause. The parties agree that oral reprimands are not considered discipline. 27.2 Process If the City has reason to discipline an employee,the employee shall have the right to be represented by an Association representative during such procedure. If the City has reason to discipline an employee, it will take all reasonable measures to assure against embarrassment of the employee before other employees or the public. 27.3 Association Representation In the event of any interview which may reasonably lead to disciplinary action, the affected employee shall have the right to be assisted by an Association representative during such procedures. The parties mutually agree to the "Disciplinary Investigation Procedures" attached hereto as Addendum B and incorporated herein. ARTICLE 28—PERSONNEL FILE No material in any form which can reasonably be construed, interpreted, or acknowledged to be derogatory shall be placed in the employee's personnel files unless he/she has been allowed to read such material. Any employee upon his/her request shall have access to his/her personnel files and shall have the right of reproduction of his personnel files in full or in part. No portion of an employee's files shall be transmitted without the explicit consent and request of the employee, other than to those authorized within the Tigard Police Department, the City Manager or his/her staff, or a court of competent jurisdiction. The official personnel file shall be maintained in the Human Resources Department. ARTICLE 29—WAGES 29.1 Salary Schedules Effective July 1, 2011 2017 wages shall be increased across the board by 2.0%. o Effective the first full pay period in July, Association members will be provided a $950.00 signing bonus (pro-rated for part-time staff), if the contract is ratified on or before July 15, 2017. Effective January 1, 2018 the salary schedule for Police Officer shall be changed to reflect a market adjustment by adding a step 7, placed 5%above the current step 6. Officers will be eligible to attain step 7 after completing at least one year of service at step 6. Effective July 1, 2015 2018 wages shall be increased across the board by an amount equal to the CPI-W West Urban Index(annual average)for 20142017, by a minimum 0%and maximum of 4%. Effective July 1, 2016 2019 wages shall be increased across the board by an amount equal to the CPI-W West Urban Index(annual average)for 20152018, by a minimum 0%and maximum of 4%. Each employee shall be paid at one of the steps in the range prescribed for his/her classification. Normally, an employee will be appointed or reinstated at the first step of the range established for his/her classification. The Chief may make an appointment or reinstatement above the first step. 29.2 Schedule Movement A new employee or promoted employee is eligible for consideration for advancement to the next step of the salary range for his/her classification at the beginning of the next pay period following completion of the equivalent of six(6)months of service. At six(6) months of service,the City shall have the discretion to advance an employee more than one (1) step, if the City deems it appropriate based on the employee's prior experience. Advancement of employees to higher pay steps shall not be automatic, but may be made to the next pay step in the employee's classification, effective on the first day of the next pay period following the completion of each 12 months of satisfactory work performance. Such advancement shall be subject to a written employee evaluation by the department head to the City Manager certifying that the employee had been making normal improvement in the ability to carry out his/her job assignment. Advancement may be withheld or postponed in the event the employee is not performing his or her job assignment satisfactorily. 29.3 Promotions Upon promotion, employees will move to the next highest step, minimum 5%pay increase, computed on the basis of the base rate of pay exclusive of premium, special assignment, or incentive/longevity pay. 29.4 Demotion Unless a lesser sanction is provided by the City Manager, an employee voluntarily demoted or demoted as a result of a disciplinary action shall be paid at the same step of the lower range as he/she occupied before being promoted, with consideration of length of service of the employee in the higher range. A demoted employee shall retain the same salary increase date. 29.5 Salary Range Changes When a range is changed,the employee's pay is based upon the same step of the new range as in the old. Such changes shall not alter the employee's eligibility for salary increases. 29.6 Pay Periods The City shall pay employees once every two weeks. ARTICLE 30—INCENTIVE PAY 30.1 Certification/Education Certification pay increments will begin as of the date of issuance shown on the certification. Educational achievement pay increments will begin as of the date of written notice to the City of a degree or equivalent hours. Members of the bargaining unit shall be eligible for educational and training incentive increments to be applied to their current salary after meeting (a) Completion of probation. (b) Accrual of the necessary education and training points for the intermediate or advanced certificate as set forth by DPSST. Incentive premiums and education requirements are as follows: Sworn Personnel Premium DPSST Certification Educational Achievement 2.50% - AA/AS or Equivalent Hours 4.25% Intermediate and/or BA/BS 6.25% Intermediate AA/AS or Equivalent Hours 7.25% Advanced - 8.75% Intermediate BA/BS or Equivalent Hours 8.75% Advanced AA/AS or Equivalent Hours 10.00% Advanced BA/BS or Equivalent Hours See DPSST Sworn Personnel certification Standards. 30.2 Longevity Longevity merit incentive shall be paid in accordance with the following schedule only to those employees with five (5)or more years of service with the City on or before ratification of this Agreement,who elect to be grandfathered into the longevity premium program in lieu of eligibility for advancement to a sixth (6th) step at five percent(5%) above Step 5. The one-time election must have been made by an-eligible employees during the window period established by the City following ratification of thei-s 2002-2004 Agreement(effective January 1, 2018, employees currently receiving the longevity incentive may move to a maximum of Step 6): 2%after 5 years 3%after 6 years 4%after 7 years 5%after 8 years 6%after 9 years 7.5%after 10 years 10%after 15 years Employees with less than five (5) years of service with the City on or before ratification of this Agreement, will not be eligible for longevity under this section, but will be eligible for advancement to Step 67 consistent with Article 29, Section 29.2 governing schedule movement. The above percentages shall be applied to the individual employee's base salary but not to exceed a maximum of the top step of the police officer classification salary. These percentages shall be applied to the base pay step, not including educational incentive pay to previous longevity increases (i.e., shall not be compounded). 30.3 Special Assignment Pay Recognizing the right of the City to transfer and assign as determined by the Chief, special assignment pay will be paid per an employee's current assignment as follows Motorcycle' 5% K-9' 5% Detectives 5-10% (Including Metro Gang, Commercial Crimes and Narcotics) TNT 3-5% SRO 3-5% Gang Enforcement2 2.5% Transit Police(PPB)3 2.5% Except in the case of Motorcycle and K-9 assignments, employees will receive 3%(5%for detectives)for the first year in any assignment and will be eligible for an increase to 5%(10%for detectives)after serving in the assignment for one year. Employees who have previously served in the assignment for more than one year shall start at the higher percentage. I Canine Handler and Motor Cycle Officer activities shall be conducted on-duty. Acceptance of the assignment is based upon willingness to care for the animal or the motorcycle off-duty. Employees who serve as Canine Handlers or Motorcycle Officers shall receive a pay differential of five percent(5%)of their base salary while serving in that capacity,and shall not receive overtime wages for off-duty care of the animal or motorcycle. The parties intend to compensate for any off-duty care,cleaning,fueling,feeding or grooming at the overtime rate computed based upon the FLSA or Oregon minimum wage(whichever is greater). The five percent(5%) differential compensates for approximately 45 minutes per day. The parties agree that not more than 45 minutes per day is required for off-duty care of the motorcycle or animal. This agreement is based in part upon the Letter Ruling of September 25, 1985,of the Deputy Administrator,Wage and Hour Division,United States Department of Labor. The parties agree that commuting to work with the motorcycle or the dog does not constitute"hours of work"solely because of being on the bike or because the dog is in the vehicle. Motorcycle Officers and Canine Handlers shall not be entitled to a call back premium when duty concerns maintenance of the motorcycle or emergency care of their animal. Such time shall be treated as overtime. 2 The Gang Enforcement Officer special assignment pay is in recognition and consideration of the more directed patrol mission,the greater likelihood of becoming involved in more complex investigations and the need to address mission schedule flexibility. The Gang Enforcement Officer Position has a regular work schedule as defined in Section 12.2(a)and(b). It is agreed that the hours worked by the Gang Enforcement Officer may be flexed. 3 The Transit Police Division special assignment pay is in recognition and consideration of the more directed patrol mission,the greater likelihood of becoming involved in more complex investigations and the need to address mission schedule flexibility and the prerequisites of the IGA(Intergovernmental Agreement) between TriMet and the City of Tigard. The Transit Police Position has a regular work schedule as defined in article 12.2(a)and(b). It is agreed that the hours worked by the Transit Police Officer may be flexed. When a Transit Police Officer's shift assignment is changed with the Transit Police unit,this shift change shall be completed I pursuant to Sections 25.3(Overtime Waiver)and 25.4(Adjustment of Schedule at Rotation)of the contract. Notwithstanding any other provision of this Section 30.3, no employee may receive more than a total of 10% in special assignment pay (12.5%for Detectives). For career development, an employee may volunteer to work a shift in a specialty assignment in order to determine whether he/she wish to put in for such assignment. The Chief, in his discretion, may approve such voluntary assignment, based on operational needs. In such case,the employee shall not receive assignment pay for the shift in question nor shall the employee be eligible for shift differential under Article 13.4 for the shift in question. 30.4 Bilingual Incentive An employee shall be eligible to receive a $50/month Spanish language premium if they provide the City with proof on an annual basis that they meet standards acceptable to the City. Employees fluent in Spanish, as determined by an objective standard acceptable to the City and demonstrated annually, shall receive a premium of 2.5% instead of the $50/month Spanish language premium. The City may determine that other languages qualify for the foregoing bilingual incentives based on a demonstrated need. 30.5 Standby Any employee required to be on standby, whether on a weekend or during the workweek,will be compensated two dollars and twenty-five cents ($2.25) for every hour so acting. Employees on standby must be available by phone, able to respond within one hour of being called, and fit for duty. 30.6 Acting Supervisor Appointment of non-supervisory personnel to a supervisory position may be made on an acting basis to fill a temporary vacancy. An employee holding an acting supervisory position shall be entitled to a five percent(5%)premium for all time so assigned. 30.7 Coaching Non-supervisory personnel assigned to coach newly hired or promoted police department employees shall be entitled to a pay increase of 5%of the top-step base pay, for the classification acting as a coach, for each day or part of a day for the duration of their acting assignment. 30.8 Higher Classification Employees assigned to work in a higher classification, other than what is described in Sections 30.6 & 30.7 of this Article, shall be entitled to a five percent(5%)premium for all time so assigned. 30.9 Take-Home Cars for Employees in Detective Assignments The City agrees that it will provide a take-home car for any employee in a Detective assignment. ARTICLE 31 —SAVINGS CLAUSE If any article or section of this Agreement or any amendment thereto should be rendered invalid by operation of the law, or held invalid by any lawful tribunal having jurisdiction, or if compliance with or enforcement of any article or section should be rendered unlawful by any lawful tribunal having jurisdiction,by statute passed after the effective date of this Agreement, or by the decision of a court of competent jurisdiction involving the same or similar language contained in the collective bargaining agreement of another public agency in Oregon, the remainder of this Agreement and addenda shall not be affected thereby, and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or section. ARTICLE 32—TERMINATION This contract shall be effective as of the date of its signing by both parties or as otherwise specified herein and shall remain in full force and effect until June 30, 20172020. The parties agree to commence negotiations on or before February 15 20172020, for a successor Agreement. This contract shall remain in full force and effect during the period of negotiations. The parties agree to administer this contract and negotiate for a successor agreement in accordance with ORS 243.650, et seq.,the Oregon Public Employee Collective Bargaining Law. Signed this day of 204-42017 CITY OF TIGARD, OREGON TIGARD POLICE OFFICERS' ASSOCIATION City Manager TPOA President Date: Date: ADDENDUM B—DISCIPLINARY INVESTIGATION PROCEDURES A. Advance Notice Prior to any disciplinary investigation which could result in suspension or discharge, the employee concerned shall be notified not less than twenty-four(24) hours before the interview or such time as written reports are required, except when, in the opinion of the City, a delay will jeopardize the success of the investigation or when criminal conduct is at issue. If the employee is advised in writing that the interview will not be used against him or her for disciplinary purposes, then the 24 hour notice will not be required. An employee may voluntarily waive the above twenty-four hour(24-hour)notice. The notice shall include the specific reasons for the interview, a statement of whether the employee is a witness or a suspect, and any other information necessary to reasonably inform him/her of the nature of the investigation. The employee shall be notified of the right to and afforded an opportunity and facilities, subject only to scheduling limitation,to contact and consult privately with an attorney and/or a representative of the Association, and to have that representative and/or attorney present at any interview. The Association Representative representing the employee during the investigation may not be required to disclose, or be subject to disciplinary action for refusing to disclose, statements made by the Employee to the Representative for purposes of the representation. The Association will designate the Association Representative who will be representing the employee in the investigation and will notify the City of the designation. If there is a need for more than one Representative to be designated, the Association will explain the reason for the additional Representative(s)to the City. The parties agree that the Association may not designate a witness in the investigation as the Association Representative. B. The Interview 1. Interview shall be conducted in the Department Office unless mutual agreement of the parties or the particular circumstances of the situation require another location. 2. Any interview of an employee normally shall be when he/she is on duty, unless the serious nature of the investigation dictates otherwise. 3. Parties to the interview shall be limited to those reasonably necessary to conduct a thorough and fair investigation. The employee shall be informed as to the name, rank and command, or other similar information of all persons present, if they are unknown to him/her, and may have an Association or other representative present to witness the interview and assist him/her. 4. The interview shall be limited in scope to acts, events, circumstances and conduct which pertain to the subject investigation and shall be conducted in a manner devoid of intimidation or coercion. The employee shall be granted reasonable rest periods, with one (1) intermission every hour if so requested. Interviews exceeding two (2) hours shall he continued only by mutual consent. 5. The interview shall be recorded, and the employee shall be provided with a copy of the recording at the conclusion of the interview, or as soon as practicable thereafter, or he/she may record the interview himself/herself at his/her own expense, and the City shall be provided with a copy. If any portion of the recording is transcribed,the employee shall be given a copy. Interview proceedings shall be kept strictly confidential by all concerned. C. Investigation Findings: 1. When the investigation results in sustained charges of violation of department policy,the employee and the Association, upon request, shall be given a copy of the investigation, including all material facts of the matter. If available, such information will be provided in an electronic format(i.e. PDF or other protected format). 2. When the investigation results in discharge or suspension,the employee shall be notified immediately of the nature of the action to be taken,the reasons therefore, and the effective date of such action. Copies of the notice and summary report of the investigation shall be placed in the employee's personnel file and made available for his/her inspection. 3. An employee may protest any suspension or discharge through the regular contract grievance procedure. AIS-3132 10. Business Meeting Meeting Date: 06/27/2017 Length (in minutes): 5 Minutes Agenda Title: Consider Council Travel Policy Prepared For: Liz Newton Submitted By: Kelly Burgoyne, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Council consideration of revised Council Travel policy. STAFF RECOMMENDATION / ACTION REQUEST Approve attached revised Council Travel Policy. KEY FACTS AND INFORMATION SUMMARY At the May 16,2017 City Council meeting, council discussed proposed revisions to the Council Travel Policy. Council concurred with the following changes proposed by staff: •Change the distance defined as local travel from 50 miles to 40 miles and add a statement regarding the applicable taxes on local overnight stays. •Expand the definition of"conference hotel." •Delete the section on Travel Time. In addition, council directed staff to further research Section 3.6 of council's travel policy to explore the possibility of allowing hotel and/or airline rewards program points to be used for baggage fees,parking and free Wi-Fi as a benefit to the city when councilors are traveling on city business. The city attorney advises that councilors could establish city airline or hotel award program accounts to be used for city travel only and use accrued points for services while on city business.These accounts need to be separate from personal accounts to ensure there is no personal benefit from accrued rewards. The attached revised policy includes the following changes: •Change the distance defined as local travel from 50 miles to 40 miles and add a statement regarding the applicable taxes on local overnight stays. (Section 3.13) •Expand the definition of"conference hotel". (Section 6.3) •Delete the section on Travel Time. (Section 5) There are no revisions proposed on airline or hotel rewards programs. If approved by council, the revised City Council Travel policy would take effect immediately. OTHER ALTERNATIVES Modify the proposed City Council Travel Policy. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION November 29,2016 City Council Groundrules discussion May 16,2017 City Council discussion Attachments Proposed City Council Travel Policy AgendaQuick©2005-2017 Destiny Software Inc.,All Rights Reserved ' _ , City of Tigard, Oregon TIGARD City Council Travel Policy Effective Date: September 1, 2013 Approved: Signature: SUMMARY 1. General Provisions 2. Compliance and Accountability 3. Definitions Out-of-Town Travel 4. Pre-Authorization 5. Travel Time 6. Travel Methods 7. Lodging 8. Meals 9. Payment Methods 10. Personal Expenses 11. Travel Reconciliation 12. Compliance Auditing Local Travel 13. Local Travel Methods 14. Local Meals 1. GENERAL PROVISIONS 1.1. Purpose of Policy. The purpose of this policy is to provide guidelines to members of the City Council (Council) for payment of travel expenses in a cost-effective and efficient manner ensuring the best result for the City. 1.2. Applicability. This policy applies to Tigard's City Council and is to be adhered to by all members of Council. 1.3. The City's Financial and Information Services Department shall administer the travel policy and shall periodically review travel and training records to ensure policy compliance and provide any necessary training to departments on the implementation of the policy. 1.4. The City Council and City Manager's office shall ensure that each member of Council dcomplies with the policy,and ensuring expenditures are appropriate and directly related to City business. Questions regarding the intent or application of this policy document shall be directed to the City's Financial and Information Services Director. Citywide Travel Policy 1 1 P a g e 1.5. The City Council shall have final authority for administering,interpreting,and applying the terms of these procedures. 1.6. Personal Expenses. The City,with very limited exception,shall not pay for any personal expenses incurred by a member of Council during City business travel. For example,Council member will not be reimbursed for personal grooming items, parking tickets,entertainment expenses,etc. 2. COMPLIANCE AND ACCOUNTABILITY 2.1. All members of Council must comply with the provisions contained herein. Periodically,the City's Finance and Information Services Department may perform a review of the City's travel records to ensure compliance with this policy. The Finance and Information Services Department,working with the City Council and the City Manager's Office,may implement appropriate and progressive sanctions related to misuse. All Council members must fully comply with requests for records and documentation supporting all travel expense claims. 2.2. Council members may be liable for improper use of public funds. As public officials, Council members that order,authorize or cause to be made any expenditure in violation of City policies,state statutes,rules,or procedures can and will be held personally financially liable for inappropriate expenditures. 3. DEFINITIONS The following terms may be used throughout these policies: 3.1. Actual. The actual meals or lodging cost supported by receipts. The City's policy is to pay actual costs for lodging up to the Federal per diem rate for the location. 3.2. Conference/Training Meal. Any meal provided,through the registration process, by a conference or training. 3.3. Contracted Travel Agency. The travel agency under contract with the City to provide travel related services. Azumano Travel is the City's current Contracted Travel Agency. 3.4. Council Member. An individual elected to either the office of Mayor or City Councilor for the City of Tigard. 3.5. Council Member Travel. Travel by Council member on official City business. 3.6. Frequent Flyer Miles. Credits acquired when making qualified air travel purchases. It is the City's policy that any Council member(or any employee or agent of the City) shall not earn any Frequent Flyer Miles while on City business. 3.7. Incidental Expense. Small costs associated with travel. Incidental Expenses include,but may not be limited to: Gratuities,taxi fare,work related mailing costs or phone charges,etc. Citywide Travel Policy 2 I P age 3.8. Itinerary-Airfare. Information provided by an airline or travel agency showing the traveler's name,dates of travel,class of travel,and travel route. 3.9. Local Travel. Travel that is not overnight and/or less than fifty (50) miles from City Hall. Both criteria must be met to be considered Overnight Travel. 3.10. Meals. Standard breakfast,lunch,or dinner eaten by a Council member during City business travel. 3.11. Mileage. The distance traveled via personal automobile by a Council member during travel. The City calculates mileage during travel from Tigard City Hall,not the Council member's home. To development the reasonable estimate of mileage, the City shall use an online travel/map site such as Mapquest or Google Maps. 3.12. Official City Business. Business,and any travel associated with it,that directly provides a benefit to the City. 3.13. Overnight Travel. Any travel that requires a ft-Council member to stay overnight. A conference or training must be at least 440 miles away from the City to justify an overnight stay. Overnight hotel stays in locations that meet the definition of local travel are a taxable benefit under IRS rules.Applicable taxes will be withheld from the individual councilor's next stipend check. 3.14. Per Diem Allowance. The allowance for lodging,meals and incidental expenses established for the travel destination as established by the U.S. General Services Administration (GSA). The City's policy is to pay actual lodging expenses up to the GSA rate and a daily per diem for meals equal to the GSA rate for the destination city. 3.15. Pool Vehicle. A City-owned vehicle available for"check out"by any employee, elected official,or agent of the City. 3.16. Purchasing Card. A City-issued credit card that is the preferred means of payment for travel expenses other than meals. 3.17. Receipt. A document detailing an expense incurred. To be valid,a receipt must provide the name and address of the business,the date of the purchase,an itemized description of the goods or service purchased,and the amount of the purchase. For lodging expenses,the receipt must also include the name of the guest,the number of guests,the dates occupying the room,the room number,the room rate,and the lodging tax. 3.18. Travel Pre-Authorization Form. A Departmental form that may or may not be required prior to any travel. The City Council and City Manager shall determine the best way to document pre-authorization for City Council travel. Citywide Travel Policy 3 I Page 3.19. Travel Purchasing Card. A generic purchasing card that can be checked out prior to travel by a Council member who does not have a City-issued purchasing card. 3.20. Travel Reconciliation Statement. A City-required form that must be completed within five (5) full business days upon return from any overnight City business travel. 3.21. Travel Time. The amount of time that is required by a Council member to travel to and from a conference or training. 3.22. U.S. General Services Administration (GSA) Per Diem Rates. The estimated daily cost of lodging,meals,and incidentals for various cities that is used by the City as the maximum actual costs to cover during travel. OUT OF TOWN TRAVEL 4. PRE-AUTHORIZATION Pre-Authorization shall be a Departmental responsibility. The City Council shall develop a a pre-authorization procedures and train their staff on these procedures. Pre-Authorization may be required by a Department for any travel but especially in the case of travel with overnight stay, travel requiring air travel,or travel where lodging exceeds the daily allowance. 4.1. Pre-Authorization Form. The City Council shall have a Pre-Authorization Form available for staff use. The FIS Department has created a generic form that may be used by the City Council or the Council may elect to create their own form that best meets their needs. 4.2. Pre-Authorization Filing. The City Council shall be responsible for retaining a file of the Department's travel pre-authorization documents. This file shall include approved and denied travel information. 4.3. Travel Coordinator/ Point of Contact. It is the recommendation of this Policy that the City Council designate a Travel Coordinator or single point of contact for employees to refer to for guidance and questions. The FIS Department shall have a Coordinator or single point of contract for any City business travel information and guidance. 5. TRAVEL TIME - - - - - - - - - - «- - - - - - - ,, - --• Undcr FLSA,the rules for paid travel change when the travel involves an overnight stay. In these cases,time spent traveling during normal work hours arc paid,while time spent is the actual driver of the vehicle or is actively engaged in doing work tasks. Passengers, hours. Citywide Travel Policy 4 I P a g e !! - -- - !! - - - - •- -- - 1! !! - - the employee would be paid for four (1) hours of travel pay,evert though the employee traveled on a Saturday: Look at thc hours of travel,not thc day of travel. be paid their regular hourly rate during any official training or conference hours. 5717 . . .: . . :. .. .. such a3 Ma.•ucst or C oo'lc Ma.s. A public official,employee,or agent of the City may receive 675.T RAVEL METHODS The City shall require the most direct and cost effective means of travel for a Council member attending any conference or training. The costs of means of travel,both in dollars and requirements of staff,shall be weighed with the most beneficial to the City being utilized. 5.1.Auto Travel. Auto travel is the most common means of transportation used during City business travel. 67471.5.1.1. City Pool Vehicle. Employees are strongly encouraged to use the City's Pool Vehicles during local travel. These vehicles may be reserved and checked out during the employee's travel dates. 674747175.1.1.1. Non-City Employee Ride-Along. Per the City's Personnel Policy: "Family members or other non-City employees shall not be transported in city vehicles except as specifically authorized by the department director or consistent with department policy or in cases in which the city vehicle is regularly assigned to the employee as a provision of an employment contract" As such, family member or other non-City employees may accompany an employee in a City-owned vehicle during City-related travel with the appropriate approvals. 6275.1.2. Personal Vehicle. Council members may use their own vehicles for City travel. Use of a personal vehicle during City travel shall be authorized during the pre-authorization process in the Department. ' 5.1.2.1. Insurance. Council members that use their private vehicle for City business are required to have personal automobile liability insurance to provide the primary coverage for any accidents involving that vehicle. Documentation of said coverage must be on file with the City's Risk Management Office. Citywide Travel Policy 5 I P a g e ' 5.1.2.2. Mileage Reimbursement. When a Council member uses their personal vehicle for City travel,the City shall reimburse the Council member for mileage up to,but not more than,the Federal per mile reimbursement rate. Total allowable mileage shall be calculated from Tigard City Hall to the lodging location and back. If required,additional mileage may be granted under certain circumstances. No other means of fuel or mileage reimbursement shall be approved by the City. 6.1.2.2.1.5.1.2.2.1. The City shall use an online travel/map site such as Mapquest or Google Maps to develop the total allowable mileage distance. 6,275.2.Air Travel. The City shall pay actual cost for a Council member's City business travel. All Council members shall utilize coach when traveling commercial airline. Reservations,where possible, should be made at least fourteen (14) or more days in advance to take advantage of any and all available discounts. Increased fees related to late booking may be disallowed unless documented with a sound business reason. Council members may at their own expense pay to upgrade their airline accommodations or alter their flight itinerary for personal business. ' 5.2.1. Contracted Travel Agent. Council members are strongly encouraged to utilize the City's Contracted Travel Agent for air fare during City travel. 6.2.1.1.5.2.1.1. Government Air Fare. The City's Contracted Travel Agent is authorized to provide the City with government air fare ("City Pairs")which are contracted,discounted,unrestricted,and one-way fares that require little advance reservation and have no cancellation or transfer penalties. Council members should seek to use these fares in order to maximize the benefits to the City. 6,24,2,5.2.1.2. Booking. This City is able to book air transportation through the Contracted Travel Agent either online or through an agent via the telephone. Council members should take every effort to use online booking to reserve air travel to maximize cost savings for the City. 65.2.2. Discount Travel Sites. Council members may,with documentation of the reasoning,use discount travel sites such as Expedia,Travelocity, Hotwire,Orbitz,or Priceline. 6,2,3.5.2.3. Airline Direct Booking. Council members may,with documentation of the reasoning,book air transportation directly with the airline. As this tends to be the most expensive option,it should be the last option and have solid documentation of the reason for the expense. Citywide Travel Policy 6 Page 6.2.4.5.2.4. Cancelled/Missed Flights. Should a non-refundable flight need to be cancelled for either City-related business or a medical or family emergency beyond a Council member's control,the City,in so long as documentation and approval are placed in the travel file,shall incur the cost of the air fare. If the flight is cancelled or missed due to any neglect,mistake,or other fault of the registered Council member,the Council member shall bare the cost of the ticket and all associated costs. 6775.3. Rental Cars. The City will pay actual for rental vehicles when it is found to be an economical and efficient means of transportation for an employee during travel. Authorization for a rental vehicle must be obtained during the pre-authorization process for the travel. 65.3.1. Contracted Travel Agent. Council members are strongly encouraged to utilize the City's Contracted Travel Agent for rental vehicles during City travel. 6,34,1,5.3.1.1. Contracted Rental Car Company. The City has a Contracted Rental Car Company and the City's Contracted Travel Agent is authorized to book against this agreement. 6.3.1.2.5.3.1.2. Booking. This City is able to book rental vehicles through the Contracted Travel Agent either online or through an agent via the telephone. Council members should take every effort to use online booking to reserve air travel to maximize cost savings for the City. 776. LODGING The City shall pay true actual cost,up to the GSA daily per diem rate 7.1.6.1. Receipts. A detailed receipt is required for any lodging incurred during an employee's travel. For lodging expenses,the receipt must detail the following: 74 4,6.11 Name of the hotel 7.1.2.6.1.2. Address of the hotel 7.1.3.6.1.3. Name of the guest 7.1.4.6.1.4. Number of guests 7.1.5.6.1.5. Dates occupying the room 7.1.6.6.1.6. Room number 7.1.7.6.1.7. Total cost of the stay 7.1.8.6.1.8. Room rate 7.1.9.6.1.9. Lodging tax,and 7.1.10.6.1.10. Breakout of individual charges (room service,parking,etc). 7.2.6.2. Lodging Per Diem Allowance. Lodging expenses are paid by the City at actual cost up to the specific GSA daily maximum allowable rate in effect at the time of travel for the specific area or locality. Citywide Travel Policy 7 1 Page 7.2.1.6.2.1. The GSA rates can be found at this link: GSA Domestic Per Diem Rates. 7.2.2.6.2.2. The City Council shall have the authority to approve lodging expenses over the GSA daily maximum allowable rate when unusual conditions exist. The cost overage shall require written documentation by the traveling Council member detailing the reason for the higher expenditure. This documentation must be included with the final travel reconciliation. 76.3. Conference/Training Official Hotel. If a Council member attends a conference or training and stay atm a conference hotel where the conference or training is being held, the City shall cover,within reason and with prior approval,all actual lodging costs if the rate exceeds the GSA lodging per diem allowance for the city. If this exception is granted,the Council member must book the cheapest available room or personally pay the difference between the room they book and the room with the lowest rate. This exception serves to save the City additional incidental costs such as a rental car or other transportation fees. 7.1.6.4.Alternative Lodging. The intent of this section is to reimburse Council members that use their personal travel trailer or motor home during official City travel and should result in an economic benefit to the City. The daily maximum allowable reimbursement rate for all alternative lodging shall be$25. It is intended that the alternative lodging reimbursement rate apply for any overnight City travel. 8.7. MEALS As a meal allowance during City related travel,Council members shall receive a daily per diem equal to the GSA daily rate for the destination city. 84,7.1. Multiple Locations/Single Rate. The City shall use a single per diem threshold rate for an entire day. If a Council member travels to more than one location in one day,the per diem allowance shall be for the location in which the Council member spends the night. On the final day of travel,the per diem threshold shall be for the location in which the Council member stayed the last night. 8,2,7.2. U.S. General Services Administration Daily Rate (GSA). The daily meal per diem shall be equal to the U.S. General Services Administration's (GSA) established daily rates for the travel destination City. 872477.2.1. The GSA rates can be found at this link: GSA Domestic Per Diem Rates. &3-7.3. Conference/Training Provided Meals. When meals are provided by the conference/training and paid for through the Council member's registration,the daily per diem shall be reduced for that particular meal. See Section 8.4 for a breakdown of the meal percentages. Citywide Travel Policy 8 I Page 8.3.1.7.3.1. If the meal is an optional piece of the conference or training registration process,the Council member shall have the choice to participate in the meal or,instead, to receive the meal as part of the daily per diem. 8-477.4. Meal Allowance Breakdown. The City shall use the following meal breakdown: 8 4.X7.4.1. Breakfast. Equals 25%of daily allowance. 8.4.2.7.4.2. Lunch. Equals 25%of daily allowance. 8.4.3.7.4.3. Dinner. Equals 50%of daily allowance. 8:5:7.5.Travel Day Meals. The City shall provide a percentage of the daily per diem on travel days according to the following schedule (per IRS rules the City cannot pay more than 75%of the maximum daily allowance during travel days): Outbound (Leaving) 8.5.1.7.5.1. Prior to Noon—75%. When a Council member leaves on travel between prior to Noon the Council member shall be entitled to 75%of the daily per diem. 8.5.2.7.5.2. Between Noon and 7:00 p.m.—50%. When a Council member leaves on travel between Noon and 7:00 p.m. the Council member shall be entitled to 50%of the daily per diem. 8.5.3.7.5.3. After 7:00 p.m.—0%. When a Council member leaves on travel after 7:00 p.m. the Council member shall not be entitled to any percentage of the daily per diem for that day. Inbound (Returning) 8.X47.5.4. Prior to Noon—25%. When a Council member arrives home from travel between prior to Noon the Council member shall be entitled to 25% of the daily per diem. 8.5.5.7.5.5. Between Noon and 7:00 p.m.—50%. When a Council member arrives home from travel between Noon and 7:00 p.m. the Council member shall be entitled to 50%of the daily per diem. 8.5.6.7.5.6. After 7:00 p.m.—75%. When a Council member arrives home from travel after 7:00 p.m. the Council member shall be entitled to 75 of the daily per diem. 84)7.6.Allowance Paid to Council Member in Advance. Council member shall receive their meal allowance prior to their departure. Reimbursement shall be in accordance with the Accounts Payable check printing schedule and Council members are responsible for ensuring their meal allowance check is received before departure. 87.7.Alcohol. At no point or under any circumstance shall the City pay any alcohol expense incurred during a meal or travel. Any alcohol which is purchased by a Citywide Travel Policy 9 1 Page Council member must be paid for at the time by the Council member and must be on a separate check. 9:8. PAYMENT METHODS The City's preferred method of payment during City travel is a City Purchasing Card. Other means of payment shall remain available but every effort must be taken to use a purchasing card then at all possible. 9.1.8.1. Purchasing Cards. The City preferred mean of purchase during City travel. The Purchasing Card is a City-issued MasterCard that can be used nearly anywhere MasterCard is accepted. Many employees,including Council members,have been issued an individual Purchasing Card and it is this card that should be used by the Council member during City travel. If a traveling Council member has not been issued an individual Purchasing Card,Travel Cards are available for issuance during travel. Follow the City's established procedures to utilize the Travel Cards. 9.2.8.2. City Check. Under a limited number of situations,a City-issued check may be used to pay for a portion of the travel costs. A traveling Council member's meal allowance per diem shall be processed in advance of travel under this method. Council members shall follow the City's established procedures,which shall include documenting the reasoning for a check rather than a Purchasing Card,to obtain a travel-related check. 8.3. Council Member Reimbursement. Under rare circumstances,and with detailed documentation,the City may directly reimburse a Council member for costs incurred during travel. 1$:9. PERSONAL EXPENSES The City,with very limited exception,shall not pay for any personal expenses incurred during City business travel. Combining Personal Travel with City Business Travel. The City's policy for business travel does allow for combining personal travel with business travel with additional rules. 10.1.1.9.1.1. Personal Portion of Trip. If a Council member combines personal travel with City business travel,the City will pay only the actual costs associated with City business,any additional cost shall be incurred by the Council member. 10.1.2.9.1.2. Airline Costs. When a Council member combines personal travel with City business travel and airfare is required,the City shall pay no more than the lowest cost of round-trip coach airfare for the days that the City business would have required. Any additional cost due to an extended personal stay shall be borne by the Council member. 10.2.9.2. Alcohol. See Section 8.7. Citywide Travel Policy 10 ' Page 10.3.9.3. Entertainment Expenses. The City shall not pay,at any time, for any entertainment expenses incurred by a Council member on official City business. Entertainment expenses shall include,but not necessary be limited to,the following: 10.3.1.9.3.1. Movies,including in-room 10.3.2.9.3.2. Health Club/Gym Fees 10.3.3.9.3.3. Sporting Events 10.3.4.9.3.4. Golf(Including Conference-related Tournaments) 10.3.5.9.3.5. Spa Services Refer to Oregon Ethic Laws for further details on entertainment expenses. 41749.4. Personal Grooming Items or Services. At no time,and for no reason, shall the City pay for any personal grooming items or services during a Council member's time on City business travel. 10.5.9.5. Personal Phone Calls. No personal phone calls while on travel shall be paid by the City other than the following exception: 10.5.1.9.5.1. Personal telephone calls to immediate family members or significant others to confirm the traveler's well-being while on overnight travel are allowed under this policy. The Council member shall be allowed one phone call a day while on travel for not more than ten (10) minutes. The City does encourage the traveler to use a personal cell phone in lieu of this personal call allowance when at all possible. 4410. TRAVEL RECONCILIATION Within five (5) business days of return from any City business travel a Council member must submit to the FIS Department's Accounts Payable Office a completed and authorized Travel Reconciliation Statement. The City shall develop guidelines to assist Council member through the travel reconciliation process. 4&11. COMPLIANCE AUDITING The City's FIS Department shall conduct routine review of a Department's travel records to ensure compliance with all aspects of this Travel Policy. The FIS Department,working with the City Manager's Office,may implement appropriate and progressive sanctions for inappropriate use of City funds related to travel. All Council members must fully comply with requests for records and documentation supporting any and all travel expenses. LOCAL TRAVEL 13712. LOCAL TRAVEL METHODS 13.1 Personal Vehicle. The City may authorize Council members to use their own vehicles for City travel when it is in the benefit of the City. Use of a personal vehicle during City travel must be authorized prior to a Council member utilizing their personal vehicle for business purposes. Citywide Travel Policy 11 I Page 13.2 Insurance. Council members that use their private vehicle for City business are required to have personal automobile liability insurance to provide the primary coverage for any accidents involving that vehicle. Documentation of said coverage must be on file with the City's Risk Management Office. 13.3 Vehicle Stipend. Council members'vehicle stipend shall cover any travel to and from local meetings. There shall be no additional mileage reimbursement. 13.4 Non-City Employee Ride-Along. Per the City's Personnel Policy: "Family members or other non-City employees shall not be transported in city vehicles except as specifically authorized by the department director or consistent with department policy or in cases in which the city vehicle is regularly assigned to the employee as a provision of an employment contract" As such, family member or other non-City employees may accompany a Council member in a City-owned vehicle during City-related travel with the appropriate approvals. 14.13. LOCAL MEALS Meals that do not include both overnight travel and a distance of more than fifty (50) miles from Tigard City Hall shall be considered a local meal in accordance with IRS regulations and are therefore taxable. Local meals should be part of a meeting involving outside agency personnel or be part of a local training or conference event. The City shall allow such meals for Council members with appropriate documentation and approval. 14.1 Reimbursement for Local Meal. Payment for a Local Meal shall be made through employee reimbursement only due to the meals taxable status and no other payment method shall be acceptable. 14.1.1 Receipts. A document detailing an expense incurred. To be valid,a receipt for a meal must provide the name and address of the business,the date of the purchase,an itemized description of the goods or service purchased,and the amount of the purchase. Summary receipts shall not suffice as proper documentation. 14.1.2 Local Meal Reimbursement Form. Reimbursements to Council members for taxable meals shall be processed on a Local Meal Reimbursement Form and submitted to Payroll no more frequently than monthly. 14.1.3 Alcohol. At no point or under any circumstance shall the City pay any alcohol expense incurred during a local meal. Citywide Travel Policy 12 IPage City of Tigard, Oregon Affidavit of Posting III . a In the Matter of the Proposed Ordinance(s) T I G A R D STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, K.tui0.C.L_ , being first duly sworn, by oath, depose and say: c2O17-0z .24(7_0?-1 ao17-404:1, I posted in the following public and conspicuous places, a copy of Ordinance Number(s)?017-/o j d-00!!i i 17-{J, a: /7-/3, 017--14- �17-1s-- which were adopted at the City Council meeting of 447/..,-, , on they 7 day of 9v4..-tlt , 20 17 1. Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd.,Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd.,Tigard, Oregon Si ature of P son who Per rme Posting Subscribed and sworn before me this -2Y.'"-day of 9.‘4. ZLe'_ , 2012 by 4-e//7 /3t/V)of n.-,. . �'�a OFFICIAL STAMP sus °ys,"3 CAROL ANN KRAGER eZ11/54-/ekr-te,V. *1 -- ` NOTARY PUBLIC - OREGON �. "� COMMISSION NO. 924954 Notary Public-State ofegon MY COMMISSION EXPIRES FEBRUARY 10,2018 I:\ADM\CITY RECORDERS\FORMS\AFFIDAVIT OF POSTING-ORDINANCE.DOC