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City Council Packet - 07/09/2019 Iga ' City of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: July 9,2019 - 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 (MD -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 (1'DD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://www.tigard-or.gov/city hall/council meeting.oho 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. III4 City of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD &TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: July 9,2019 - 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 1. EXECUTIVE SESSION:The Tigard Town Center Development Agency will go into Executive Session to discuss real property negotiations,under ORS 192.660(2) (e).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. 6:30 p.m. estimated time 2. COUNCIL LIAISON REPORTS 7:00 p.m. estimated time 7:30 PM 3. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 4. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Update from Police Chief McAlpine C. Tigard Area Chamber of Commerce D. Citizen Communication—Sign Up Sheet 5. CONSENT AGENDA: (Tigard City Council&Local Contract Review Board)The Consent Agenda is used for routine items such as approval of minutes,receipt of council meeting calendars, proclamations,appointments to boards and committees and approval of contracts or intergovernmental agreements with partner agencies. Detailed information on each item is available on the city's website in the packet for this meeting. Approval 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: •May 14,2019 B. CONSIDER CONTRACT AWARD FOR WALL STREET TECH CENTER DRIVE PHASE 2 DESIGN •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/Town Center Development Agency has voted on those items which do not need discussion. 6. LEGISLATIVE PUBLIC HEARING: CONSIDER COMPREHENSIVE PLAN MAP AMENDMENTS,ZONING MAP AMENDMENTS,AND DEVELOPMENT CODE AMENDMENTS RELATED TO THE TIGARD DOWNTOWN PLAN DISTRICT 7:45 p.m. estimated time 7. LEGISLATIVE PUBLIC HEARING: CONSIDER EXEMPTION FROM SYS l'EM DEVELOPMENT CHARGES FOR CERTAIN ACCESSORY DWELLING UNITS (ADUs) 8:30 p.m. estimated time 8. RECEIVE BRIEFING ON CONSTRUCTION EXCISE TAX 9:00 p.m. estimated time 9. CONSIDER RESOLUTION TO APPROVE A FISCAL YEAR 2019-2022 SEIU CONTRACT AND AUTHORIZE THE CITY MANAGER TO SIGN 9:20 p.m. estimated time 10. NON AGENDA ITEMS 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. ADJOURNMENT 11,,„" „ Cit of Ti and : : . Tigard City Council Meeting Agenda T i GARD July 9, 2019 CITY COUNCIL STUDY SESSION 1. EXECUTIVE SESSION:The Tigard TownCenter p Development an Executive Session to discuss real property negotiations and will intoo discussions are confidential and those present nothing utive Ses onseas provided ion. Representatives from the news media are allowed to attend Ex ve by under ORS 192.660(4),but must not disclose anal action or makingnformation ed.a y finaEdecisions. Session may be held for the purpose of taking any Executive Sessions are closed to the public. 6:30 p.m. estimated time 1 2. COUNCIL LIAISON REPORTS 7:00 p.m. estimated time Administrative Items • Does Council wish to hold a waste hauler franchise discussion at a future meeting?—Mayor Snider Council Meeting Calendar July ---. .: e ..-- , . - ,. Cancelled 4 Thursday 4th of July Holiday,City offices and Library closed 9* Tuesday Council Business Meeting—6:30 p.m.,Town Hall Red Rock Creek Conference Room 16* Tuesday Council Study Session—6:30 p.m., Town Hall 23* Tuesday Council Business Meeting—6:30 p.m., 30 Tuesday Council Outreach at Summerfield—6-8 p.m. August - -_- . . Cancelled-National Night Out 13* Tuesday Town Hall 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., September 2 Monday Labor Day Holiday-City offices and Library Hall losed 3* Tuesday Council Business Meeting—6:30 p.m., 10* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 17* Tuesday Council Study Session—6:30 p.m.,Red Rock Creek Conference Room 24* Tuesday Council Business Meeting—6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk(*). AGENDA ITEM NO. 4D - CITIZEN COMMUNICATION DATE: July 9, 2019 (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 Print CONTACTED / e (Name: 3 �l Also,please spell your name as it sounds,if it will ori help the presiding officer pronounce: Address I')34a08 ! 2354/irkteit City State Zip Phone No. 7'9/-TI4 -04V Name: St * c ti,c) r f'i1(. d< C ni cirixtA- Als ,please spell your name as it sounds,if it willvre J�. rA elp the presiding officer pronounce: pru a 11 S `� r L L tel Address 60 -7 I, S( ncl h U(5 - ti2 O' City —1—i j(�R�� `a-f �y Z13 i� � s State Zip _ Phone No. S 0 -" WS--C.)3 l g Name: 'fit% i76 I ell t elf 1- c...-f- ekt L5,„ Aovisfy-' orty Also,please spell your name as it sounds,if it will 36 help the presiding officer pronounce: 1 Li 't C.— O L `` Svu t: SOS evt.spl-i'0,s Ais LI 0-8 crr Address r 12.. .� J 1 br i C k� City T.+ 5 1 i State 0 R. Zip 911-2 3 Phone No. Z3.2-9—y, 7 S CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\Citizen Communication.doc AGENDA ITEM NO. 4D - CITIZEN COMMUNICATION DATE: July 9, 2019 (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 Print CONTACTED Name: ('/GI � f(. , Also,please spell your name as it sounds,if it will +l t^ c `-' 30, help the presiding officer pronounce: ?° 4-1/- Address (D 55• iJ mu(c).?C A-D� S. City ox State Zip 1172_2-4 Phone No. 5 C ff)--L-11 - 7(c4H 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 I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\Citizen Communication.doc City Council Update July 2019 SUPPLEMENTAL PACKET FOR � ...2ctl Chamber Update (DA E OF MEETING) Education,Advocacy, & Building a Strong Local Economy • 7/10/19—GAPP After Session Meeting with Rep Doherty and Sen Burdick • 7/23/19 Invest in U—Lead Generation thru Relationship Building • We are continuing to Grow-8 Business joined the chamber in June. Networking/Visibility Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly • 7/11 Good Morning Tigard hosted by Vine & Sparrow • 7/18 Good Morning Tigard hosted by Musimack Marketing • 7/25 Good Morning Tigard hosted by Luke-Dorf Affinity Groups/Boutique Networking • 7/9 Home, Garden & Design (HGD)Affinity Group • 7/16 G.E.T. Connected @ Senet Game Bar • 7/17 B2B Affinity Group hosted by H&R Block • Tigard Chamber Annual Meeting was held 6/25/19 5-630 p.m. at the Broadway Rose—We reviewed what was accomplished in the last year and where we are going for this year, and voted in new board members from TVF&R,Specialty Heating&Cooling and Vantage Point HR. You can watch the 3 minute video overview of our accomplishments for our member businesses at this link, https://tigardchamber.org/chamber/mission-objectives/ Details at http://business.tigardchamber.org/events/calendar/follow us on Twitter @tigardchamber Tigard Farmers Market Update • Join us for Farm to Table, Aug 2' 2019 at Fanno Creek House, tickets on sale now, $90/person, register here, https://www.tigardfarmersmarket.org/farm-to-table-dinner/ • We are continuing to get new vendors at the Tigard Farmers Market and are expanding! TDA Downtown Updates • Save the date for Street Fair& Latino Festival, Saturday Sep 7th, 2019. We have over 80 vendors already registered! Interested vendors should go to exploredowntowntigard.com to register. Find us on Facebook at exploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard IP \p-.7 41 TI ARD Leadership TigardP ‹ � Ch""qe COMMEeCE Building Lenders.Growing Community. °N"` �A7H°"�`c. "' titi�„E �`A Tigard PD Strategic Dashboard JCS � �-��� � �� A For June 2019 4� 4 2018 Population Estimate 53,697 (Adopted Budget FY 2018-19) ��C *TbP''��O � Department Staffing Information Actual Budget "'b Budget Sworn 65.0 69.0 94% Non-Sworn 15.0 16.5 91% Total Number of Personnel 80.0 85.5 94% Patrol Officer Staffing 34 Personnel Unavailable for Work Patrol All Other Overall #of Recruits in Pre-Academy - - - #of Recruits in Academy 1 - 1 #of Recruits in FTEP 1 - 1 #of Personnel on Extended Sick Leave/FMLA - 1 1 #of Personnel on Military Leave - - - #of Personnel on Light Duty 1 - 1 #of Personnel on Administrative Leave 1 - 1 Total Personnel Unavailable to Work during some Period during the Month 4 1 5 Total Officers Available to work PATROL some period during the Month 30 Operational Effectiveness Snapshot Budget information is based on the best available data. FY 2017-2018 Budget FY 201849 Budget Percent YTD Status Percent YTD Status Department Budget Actual Budgeted Actual Budgeted Administrative 87% 100%l -13% 94% 100%10 -6% Operations 91% 100%• -9% 88% 100%i -12% Services 98% 100%i -2% 92% 100%• -8% Total Department Budget 93% 100%0 -7% 90% 100%• -10% Budget Information is based on the best available data. FY 2017-2018 FY 201849 Percent YTD Budget Percent YTD Budget Status Status Department Overtime Actual Budgeted Actual Budgeted Administrative 79% 100%i -21% 44% 100%a -56% Operations 56% 100%• -44% 64% 100%0 -36% Services 103% 100%• 3% 54% 100%0 -46% Total Overtime 68% 100%• -32% 60% 100%0 -40% 2 *s' °�fi,sf Tigard PD Strategic Dashboard t For June 2019 i* '' T' kl' 2018 Population Estimate 53,697 (Adopted Budget FY 2018-19) +FST y iii;i itj- r Department Staffing Information Actual Budget %Budget Sworn 65.0 69.0 94% Non-Sworn 15.0 16.5 91% Total Number of Personnel 80.0 85.5 94% Patrol Officer Staffing 34 Personnel Unavailable for Work Patrol All Other Overall #of Recruits in Pre-Academy - - - #of Recruits in Academy 1 - 1 #of Recruits in Fl EP 1 - 1 #of Personnel on Extended Sick Leave/ FMLA - 1 1 #of Personnel on Military Leave - - - #of Personnel on Light Duty 1 - 1 #of Personnel on Administrative Leave 1 - 1 Total Personnel Unavailable to Work during some Period during the Month 4 1 5 Total Officers Available to work PATROL some period during the Month 30 Operational Effectiveness Snapshot Budgetinknrnation is based on the best available data. FY 2017-2018 Budget FY 2018-19 Budget Percent YTD Status Percent YTD Status Department Budget Actual Budgeted Actual Budgeted Administrative 87% 100%# -13% 94% 100%s -6% Operations 91% 100%ID -9% 88% 100%11 -12% Services 98% 100%i -2% 92% 100%• -8% Total Department Budget 93% 100%s -7% 90% 100%# -10% Budget fnfamiation is based on the best available data. FY 2017-2018 FY 2018-19 Percent YTD Budget Percent YTD Budget Status Status Department Overtime Actual Budgeted Actual Budgeted Administrative 79% 100% • -21% 44% 100%• -56% Operations 56% 100%al-_ -44% 64% 100%* -36% Services 103% 100%! 3% 54% 100%s -46% Total Overtime 68% 100% e -32% 60% 100%0 -40% 2 Strategic Dashboard k,,111:1t,,li;,,* Tigard PD g 4© . 0 :".1..\ For June 2019 _�' ��: (Adopted Budget FY 2018 19) 'i=1, i , 1 j 53,697 U� I,�* 2018 Population Estimate '� � Tae;:+xt� ,��* J u i Calls For Service - By Month Self initiate dPublic Demand 1s17 1951 AVEi A .1 1911 7Ut C€19 fit�-� � AP.M 1 t t95z MAY-19 11:et ht19 k .,r• - 731 {-19 L i ` a:> MAR-19 APR-L4 ."� � t77G � �': .>9 FEB-19 1377 lit1.. }AFS 19 FEB 19 ',' 'g"=v.--,''"�r 1797 ark ,� -,t, -_- DEC Gi= aArt-19 tin '. OQ F18p u39• SEPT -- OCT 2758 - AUr ���4 F`�° SEPT t9i8 • IDLY � AU6 4110111110.11.41.1111111.1111.11111" ;_ rye Response Times - 5 Year Trend <- 3 11--1095 '\\ k 7.62 \ \ 10.4 ��� ~�" 6.63 1 . 667 667 628 '�_ i i' 9.77 9.75 2016 2017 2018 2019 2016 2017 2018 2019 2015 2015 PRIORITY 4+ Priority 3 =- Imminent 92 �` Urgent callowhere crime Priority 1= "35----10A5 10.62 prevention is needed Imrr1>rlent threat to life � I a.ez S I + � + = Cold crimes Priority 4 Peat to life,2= Immediateng or public assistance threat to occuring now 2016 2017 2018 2015 2015 3 ,��,DEN,A� Tigard PD Strategic Dashboard ,�. g , vpLIC �., For June 2019 �, `., .6 � 53,697 (Adopted Budget FY 2018 19) +� 2018 Population Estimate TiG lNil ,� Calls For Service - ::- JUNEx.r 1890 1928 1931 1929\ r 1668 ,1734 18 1507 1560—�•1544 i ,�"`1312 1588 2017 2018 2019 2014 2015 2016 2017 2018 2019 �� a.- -ga I . .. u*�,�, -:w _r 2016 ... a,.r",:.:'"- Tracking Code Cases -Year to Date ._ 6__E , ��._2016.. 2 17 ►..e 2118 15 [ :i10ii I The tracked counts of these have all Overdose 0 67 increased. Each involves multiple POH 69 57 69 104 5 5 8 officers,evidence processing,and trips to Suicide 3 3 hospitals in some cases. Att. Suicide 32 17 37 36 20294 DHS Referral 225 231 280 297 DHS referrals and cases of allegations of 53 71 63 abuse to an elderly or mentally challenged Dom Viol 49 64 2 6 and SROs. victim end up in the caseload of Detectives 1)\"No C 5 31 rime 14 64 752 384 ORC Theft 10 29 29 29 72 27 Domestic Violence reports have Graffiti 64 44 doubled in 5 years . BHI - Transient Total Calls Logged: 242 #of Calls -BHI 137 #of Calls Transient 133 #of Calls Dispatched 183 #of Calls Self Initiated 58 Total Time Spent 129:00:00 (hr:min:sec) 4 AIS-3920 5.A. Business Meeting Meeting Date: 07/09/2019 Length (in minutes):Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager, 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: •May 14, 2019 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments May 14,2019 Minutes City of Tigard 111111 Tigard City Council and Town Center Development Agency Meeting Minutes TIGARD May 14, 2019 STUDY SESSION Council Present: Mayor Snider, Council President Goodhouse, Councilor Lueb, Councilor Newton and Councilor Anderson Staff Present: City Manager Wine,Assistant City Manager Nyland, City Attorney Rihala,Deputy City Recorder Burgoyne,Public Works Executive Manager Goodrich,Public Works Environmental Program Coordinator Wheatley,Redevelopment Project Manager Farrelly, Finance and Information Services Director LaFrance and Community Development Director Asher. A. TVF&R Chief Duyck thanked council and staff for being good partners, said his last day with TVR&R would be the end of June and that after an extensive search and interview process, the Tualatin Valley Fire and Rescue's Board of Directors selected Assistant Chief Weiss to replace him upon his retirement. Incoming Fire Chief Weiss thanked Fire Chief Duyck for his long and impressive service, said organizational changes were in the works and Tigard could expect the same or even higher service levels with the impending changes. B. Public Works Executive Manager Goodrich discussed the revisions to TMC Chapter 11.04 Solid Waste Management and Thomas Egleston,Washington County Solid Waste and Recycling Senior Program Coordinator gave a PowerPoint presentation that provided an overview of the new requirements of the Business Food Waste Cooperative Recycling Program and explained what kind of implementation support Tigard could expect. C. Mayor Snider convened the Town Center Development Agency and then closed the public meeting and went into executive session to discuss exempt public records under ORS 192.660(2)(f). D. Mayor Snider reconvened the public meeting and Redevelopment Project Manager Farrelly and the City's Development Advisor Mick O'Connell discussed the development assistance agreement for the 72nd Avenue and Dartmouth mixed-use project. Mr. Farrelly explained the agreement would provide development assistance to the redevelopment of the properties in order to make the envisioned project financially feasible. He said the Town Center Advisory Committee (TCAC) recommends the board support the development assistance request. TIGARD CITY COUNCIL and TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES - May 14, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 7 Mayor Snider reconvened the City Council. E. Council Liaison Reports: Councilor Anderson updated council on the Planning Commission meeting and said the City Attorney Rihala provided a good Land Use training to the Planning Commission. Councilor Lueb updated council on the boards and committee meetings she had attended and said they have had several candidates apply to fill board/committee vacancies. Councilor Newton said that she and Central Services Director Robinson interviewed several candidates for the vacancies currently on the Committee for Community Engagement (CCE), interviews went well and they had a good pool of candidates for the limited vacancies. She said the Tigard Youth Advisory Council (TYAC) appointed new members. Council President Goodhouse updated council on the board and committee meetings he had attended and provided a project update on the sewer work being done at Cook Park. Mayor Snider talked about key points discussed at the meetings he attended, said Tigard Transportation Advisory Committee would be meeting next month, and that the Complete Streets Policy would be coming to council soon. Administrative Items: City Manager Wine discussed current legislative items that are asking for support from Tigard. There was consensus from council to support these. 1. BUSINESS MEETING A. At 7:33 p.m. Mayor Snider called the meeting to order. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Councilor Lueb N' Councilor Anderson N' Mayor Snider N' Council President Goodhouse N' Councilor Newton N' C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None. 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) TIGARD CITY COUNCIL and TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES - May 14, 2019 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 7 A. Follow-up to Previous Citizen Communication—None. B. Police Update— Police Chief McAlpine updated council on police activity. She discussed current crime statistics, community concerns, department staffing information, operational effectiveness,budget, calls for service,response times and year to date code cases. She said the department currently has six vacancies for sworn officers. C. Tigard High School Envoy—John Freudenthal updated council on the speech and debate team, the comedy of errors play currently showing, and the tennis team. He said the baseball team had senior night and just wrapped up a fantastic season,he reminded people about the guitar concert on Friday in the auditorium and the upcoming international night, and said prom is Saturday,and the choir concert is on Wednesday. Councilor Anderson asked Mr. Freudenthal what he plans to do when he graduates. Mr. Freudenthal said he would be attending the University of Oregon. D. Tigard Area Chamber of Commerce—CEO Mollahan gave an update on Chamber activities. She said the Leadership Tigard group had their last class that day and they would be graduating next Tuesday evening. She said the class had chosen to do a fundraiser to raise funds for Chelsea's Closet as their class project and said she was proud of their fundraising efforts. She said chamber networking is every Thursday and the Farmers Market is now open, there is a new restaurant in downtown and gave a recap of the Chamber Gala that was held last week. She reminded council about the upcoming Art Walk happening May 21 through June 2, and listed some of the businesses that would be participating in that. D. Citizen Communication—Sign-up Sheet. Dennis Worzniak, 13493 SW 75th Place,Tigard, OR 97223, talked about a lack of code enforcement on an issue in his neighborhood and asked why the code enforcement department has not dealt with it. He explained that one house has had a negative impact on the neighborhood for several years and that he has submitted code compliance complaints to the City's Code Enforcement department. He said the city has sent letters to the homeowner that included deadlines to come into compliance,but the property owner has missed those deadlines approximately 54 times,and the city has done nothing about that. He read the form letter received from Code Enforcement. Council asked the Assistant City Manager to connect with Mr.Worzniak so that he could provide her with additional information. 3. CONSENT AGENDA: (Tigard City Council) A. PROCLAIM EMS WEEK B. CONSIDER CONTRACT AWARD FOR FINANCIAL ADVISOR SERVICES TIGARD CITY COUNCIL and TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES — May 14, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 7 Councilor Anderson moved to approve the Consent Agenda as presented and Council President Goodhouse seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Name Yes No Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton 4. AWARD PRIZE TO 2019 "IF I WERE MAYOR" STUDENT CONTEST WINNER Mayor Snider presented this item. "If I Were Mayor" Contest winner Stacia Nagengast was present to accept her award along with her mother Laura. Mayor Snider said Stacia is a fifth grader at Alberta Rider Elementary School and that her artwork was sent to Salem where she would represent Tigard in the Oregon Mayors Association statewide contest. 5. METRO BOND LOCAL IMPLEMENTATION STRATEGY UPDATE Associate Planner Warren presented this item. Komi Kalevor,Washington County Director of Housing Authority and Josh Crites,Washington County Assistant Director attended. Mr. Kalevor said that November of last year voters approved a Regional Housing Bond,and they expect Tigard to receive a portion of that from Washington County. He talked about who the bond will serve (low income, disabled individuals and the homeless),racial equity,local implementation strategy (LIS) and key features (autonomy, collaboration and coordination). He discussed guiding principles,plan for ongoing local community engagement, challenges in each community, strategy for advancing racial equity, the housing development plan and costs,balancing new development and acquisition,low-barrier screening criteria,and Phase II of the plan for ongoing community engagement. He said they would leverage dollars and resources maximizing use of non-competitive resources,use of private partnerships,like the one they have with Tigard, and talked about the next steps. Councilor Anderson asked if Washington County would do the screening and manage the units. Mr. Kalevor replied that may be the case in some situations,but the majority will be a public/private partnerships. Mayor Snider talked about a memo that was sent out by city staff that provided feedback and asked how many County Commissioners had seen it or are aware of their concerns, and if any of these comments are things, the County can act on. Mr. Kalevor said they are encouraging partnerships within the community and private partnerships. He replied that they are able to accommodate this as well and make sure it makes its way into the document. Mayor Snider asked about the revision TIGARD CITY COUNCIL and TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES - May 14, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 4 of 7 language recommendation in comment three. Mr. Kalevor said they are doing this now in their outreach and that this is only the first draft. Mayor Snider asked about comment number four; Tigard's affordable housing targets. Mr. Kalevor said they would connect with staff on this. Mayor Snider asked about comment number five;Metro acquisition funds. Mr. Kalevor said Metro has not defined this yet and is still working on this. Mayor Snider asked that they make sure Tigard's comments make it into their final report and given to County Commissioners,because he would like to see these things addressed. Council agreed. Councilor Anderson asked how they plan to incorporate the ownership piece into the plan. Mr. Kalevor said they are looking at the possibility of a land trust and habitat as well as other possibilities. Mr. Warren discussed the project overview and how it was funded and said Tigard was designated as a rent-burdened city,which means 25% of residents pay more than 50% of their income to rent. He talked about past and ongoing housing efforts and the objective,project schedule,and said staff would be coming back to council in June and outlined how that would be broken out and tools needed to implement the plan. He discussed TIF, SDC exemptions for affordable housing, incentive zoning, evaluation criteria,cost to implement, feasibility, flexibility and impact. Councilor Newton said she appreciated the initial overview and asked staff if the appropriate time to get more details would be at the next meeting. Staff replied yes. 6. RECEIVE US CENSUS BRIEFING:THE ROAD TO 2020 City Manager Wine introduced this item,and Sarah Bushore,Partnership Specialist from the U.S. Department of Commerce U.S. Census Bureau presented the item and gave a PowerPoint presentation. Ms. Bushore discussed why a census is done, key issues, funding and census goal for 2020. She said with this census they are asking people to self-report either online, telephone or by sending in the paper copy. Ms. Bushore talked about the process for those who failed to meet the census deadline, and talked about what questions would be asked and said responses to census questions are private and confidential. She discussed the hard-to-count populations and said Tigard's key issues include seniors over 60 years old,people in physical isolation,mental health,people with limited or no access and ability to internet and people feeling they do not matter. Council President Goodhouse asked how they account for someone that could be counted more than once. Ms. Bushore replied that if someone responds to the census more than once,it would be flagged and sent to the problem department and looked at by an actual person. She said they only mail out census forms to physical addresses, so people who have P.O. Boxes would not be mailed a form and this could pose a problem. Councilor Lueb asked about the citizen question and what Oregon's answer to that will be. Ms. Bushore said that as a federal employee there is less trust,but community based organizations are asked to work with their community and reiterate that the census is confidential and information cannot be released. TIGARD CITY COUNCIL and TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES — May 14, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 7 Mayor Snider convened the Town Center Development Agency. 7. TCDA CONSIDERATION OF DEVELOPMENT ASSISTANCE AGREEMENT FOR 72ND AND DARTMOUTH MIXED USE Redevelopment Project Manager Farrelly presented this item. TCAC Chair Rogers said they are recommending approval of this agreement and its success would drive other developers to develop in the area. Director Goodhouse moved to approve TCDA Resolution No. 19-03. Director Newton seconded the motion. Deputy City Recorder Burgoyne read the number and title of the resolution and Chair Snider conducted a vote. The motion passed unanimously. TCDA Resolution No. 19-03—A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO EXECUTE A DEVELOPMENT ASSISTANCE AGREEMENT WITH DARTMOUTH DEVELOPMENT PARTNERS, LLC FOR THE SW DARTMOUTH STREET AND SW 72ND AVENUE MIXED USE PROJECT Name Yes No Director Lueb Director Anderson Chair Snider Director Goodhouse Director Newton 'I Mayor Snider reconvened the City Council meeting. 8. EXECUTIVE SESSION - Mayor Snider announced that the Tigard City Council would go into Executive Session under ORS 192.660 (2) (d) to discuss labor negotiations. 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. The Tigard City Council will adjourn from Red Rock Creek Conference Room after the Executive Session. 9. NON AGENDA ITEMS—None. 10. ADJOURNMENT At 9:27 p.m. Council President Goodhouse moved for adjournment. Councilor Newton seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL and TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES - May 14, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 7 Name Yes No Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse J Councilor Newton Kelly Burgoyne, Deputy Recorder Attest: Jason B. Snider,Mayor Date TIGARD CITY COUNCIL and TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES - May 14, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 7 AIS-3912 5. B. Business Meeting Meeting Date: 07/09/2019 Length (in minutes): Consent Item Agenda Title: Consider Contract Award for Wall Street Tech Center Drive Phase 2 Design Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Public Works 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 award a contract for the SW Wall Street Tech Center Drive Phase 2 design project to Wallis Engineering? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for the SW Wall Tech Center Drive Phase 2 design project to Wallis Engineering for$535,971 and direct the City Manager to take the steps necessary to execute the contract. KEY FACTS AND INFORMATION SUMMARY Tigard's Hunziker Industrial core is a 138 acre industrial zoned district where higher levels of employment can be achieved through private investment. Public infrastructure in the Hunziker Industrial Core can be a catalyst for development and redevelopment of employment lands and ultimately job creation. To address this need,public infrastructure improvements to SW Wall Street,providing a public local industrial road from SW Hunziker Road to SW Tech Center Dr,will be constructed. This project will provide a final piece of infrastructure to the area and facilitating development. Infrastructure improvements will include the remaining roadway segment of SW Wall Street,utility extensions and improvements to the intersection of SW Wall Street/ SW Tech Center Drive including the installation of a new traffic signal. Additional improvements will include new roadway striping,roadway lighting and landscaping improvements. As this work will be done by an engineering firm,it falls under the Qualification Based Solicitation (QBS) process,which does not allow the city to ask for any pricing information during the solicitation. A formal QBS request for proposals was issued for the work in mid-Spring. Upon closing,the city received proposals from two firms: •Wallis Engineering;and •Murraysmith. The proposals were scored in accordance with the criteria detailed in the QBS solicitation by a selection team of city staff. Upon completion of the review,Wallis Engineering was found to have scored the highest in this selection process for the city's work. As such, staff entered into negotiations with Wallis Engineering for the services. The parties were able to agree upon$535,971 for the work. Wallis is eligible for this work with no State findings and has performed well on previous other work for the city and is receiving staff's recommendation for contract award. OTHER ALTERNATIVES The Local Contract Review Board may reject all proposals and direct staff to resolicit for the work. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality. DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board has discussed this potential contract. Fiscal Impact Cost: $535,971 Budgeted (yes or no): Partial Where budgeted?: Transportation CIP Additional Fiscal Notes: The City was awarded Regional Flexible Fund Appropriation grant funding for this project and through an intergovernmental agreement with Metro, the funding for this project will be with local dollars. The funds dispersed to the city from Metro will be up to$1,730,516 with a required match of$617,106 coming from the leftover of a$1.5 million State Appropriation. No funding directly from city funds is anticipated. The city currently has $240k budgeted for external work on the project during FY 20 with the remainder in FY 21. If the work proceeds faster than anticipated,a request will be placed in a supplemental budget for additional appropriations. Attachments No file(s)attached .w AIS-3855 6. Business Meeting Meeting Date: 07/09/2019 Length (in minutes):45 Minutes Agenda Title: Consider Comprehensive Plan Map Amendments,Zoning Map Amendments,and Development Code Amendments Related to the Tigard Downtown Plan District Prepared For: Schuyler Warren,Community Development Submitted By: Schuyler Warren,Community Development Item Type: Meeting Type: Council Business Meeting -Main Public Hearing: Publication Date: Information ISSUE Shall the Tigard Comprehensive Plan Map,Tigard Zoning Map,and Tigard Community Development Code be amended to reconcile discrepancies,streamline procedures,and provide a density and height bonus for affordable housing in the Tigard Downtown Plan District? STAFF RECOMMENDATION / ACTION REQUEST The Planning Commission recommends approval of the proposed map and text amendments (as further amended by staff)with alterations accepted by Council determined through the public hearing process. Staff recommends adoption of the findings in Exhibit D and adoption of the map and text amendments as shown in Exhibits A,B,and C. KEY FACTS AND INFORMATION SUMMARY This project is part of a comprehensive multi-year effort to modernize and streamline the development code to provide a document that is easier to read,understand,navigate,and utilize. Phase I of the code update project,completed in 2017, concentrated on smaller non-policy issues and code reorganization. Phases IIA and B focused on policy changes related to housing policy,commercial and industrial development standards, parking standards,small cell wireless facilities,streamlined and updated procedures for land use approvals, further reorganization,and non-policy changes to language. This small project is focused on updating and streamlining the process and procedures in the Tigard Downtown Plan District without completely rewriting the chapter. The result is a more user-friendly chapter, with a clearer presentation of procedures,approval criteria,and design and development standards for the plan district. Included with the text changes are certain map changes that clean up discrepancies between the Comprehensive Plan Map and the Zoning Map, and rezone 16 properties along Hall Boulevard (15 properties at Knoll Drive and 1 at Omara Street) from residential to the Mixed-use Central Business District (MU-CBD) designation. The code amendment package also includes omnibus changes that fix issues with Title 18 generally,provide further clarity to previously ambiguous terms and standards,and rectify inadvertent omissions. SUMMARY OF CODE CHANGES Chapter 18.650 Tigard Downtown Plan District Most of the text changes in Chapter 18.650,Tigard Downtown Plan District do not involve changes to policies or procedures. The following list summarizes those text changes that do represent a change in policy or procedure: *Approvals for land use in the plan district are currently processed through a series of"tracks",including a design compliance letter (track 1),a downtown design review(track 2),and a discretionary design review(track 3). The proposed amendments will bring these procedures into alignment with the rest of the code by reconfiguring the first two procedures as Type I and Type II reviews,while the third review will be reconfigured as a plan district-specific adjustment in the manner of the Tigard Triangle Plan District adjustment procedures. •The current approval criteria for the track 3 discretionary design review are provided in two different sections of the chapter and are in conflict.The proposed code language consolidates those procedures under the adjustment process and resolves the conflicts. •The current criteria for the track 3 discretionary design review requires the applicant to demonstrate compliance with the intent statements in a specific section of the chapter. However,these intent statements are duplicative with the intent statements in the building design standards section, except that they provide example images. The images are unnecessary,this section of the chapter is proposed to be removed. •The approval authority for the track 3 discretionary design review is currently a design review board, which is a subcommittee of the Planning Commission. However,convening this committee to review what is essentially an adjustment unnecessarily adds process and time to the land use approval process. The committee has only been convened once in the years since the code was adopted. The proposed language changes the approval authority for the adjustment process that replaces track 3 from the design review board to the Director. •With this change,the design review board is no longer needed as an approval authority,and the proposed changes remove all references to that body. •The current code provides for flexibility in specific standards when certain criteria are met,however, there is no clear procedure for issuing an approval for flexibility.The proposed language provides that these flexible standards will be reviewed through the new downtown adjustment procedure. •Two additional flexible standards have been added in the form of density and height bonuses for qualified affordable housing.A height bonus of 20 feet is allowed for any project that includes at least 20% affordable units,while the density bonus varies,and increases with the number of affordable units provided.All bonuses require a deed restriction limiting the affordable units to households earning 80% or less of the area median income (AMI). Chapter 18.350 Residential Zone Development Standards This is a new chapter that addresses an issue with development and design standards for conditional uses in residential zones.The reorganization of the code to move development standards for housing types out of Chapter 18.110,Residential Zones and the revision of the procedures for conditional use approvals in Chapter 18.740,Conditional Uses resulted in a situation where there were no clear baseline standards for nonresidential development in residential zones. Under the current code,all of these nonresidential uses are conditional uses, allowing staff to require certain standards to ensure compatibility. However,this situation provides less certainty and clarity to both staff and applicants about what basic standards should apply in these situations. This new chapter provides basic standards related to minimum and maximum setbacks,maximum height,lot coverage and landscaping,parking,windows,and facades. Omnibus Changes The text changes also include a number of small changes that add clarifying language,reword confusing passages,and fix inadvertent oversights and omissions. Chapter 18.20 Administration and Enforcement Clarifies that final plats do not expire. Chapter 18.30 Definitions Removes a requirement that the pole portion of a flag lot provides the only access. Fixes a reference to lot-averaging based on housing type. Removes a requirement that partitions and subdivisions of contiguous units of land be in common ownership at the beginning of a calendar year to allow site assembly. Chapter 18.40 Measurements Clarifies that the pole portion of a flag lot is not included in the calculation of lateral changes to lot lines. Removes a reference to"habitable" stories in the measurement of floor area since not all areas included in the measurement are considered habitable under the building code. Clarifies that garages are included in the square footage of an accessory dwelling unit except in the case that the unit is built above an existing garage. Corrects an omission in the measurement of residential density where a certain lot size per unit is required. Chapter 18.220 Accessory Dwelling Units Clarifies that the maximum square footage of attached accessory dwelling units is determined on a per-unit basis,not as a total. Clarifies that two accessory dwelling units may both have entrances on a street side lot line. Clarifies that separate calculation of square footage for an accessory dwelling unit attached to an accessory structure is only permissible when the accessory structure is pre-existing and is being partially converted or added onto. Chapter 18.230 Apartments Clarifies that each building facade that faces a street or required open space must include two architectural features per facade,not per building. Chapter 18.250 Courtyard Units Removes a reference to lot coverage in courtyard unit developments,which have no lot coverage standard. Chapter 18.290 Single Detached Houses Corrects an omission that resulted in no development standards for non-conforming single detached houses and accessory structures in the R-25 zone. Clarifies the requirements for garage door placement relative to the plane of the habitable areas of a single detached house. Chapter 18.330 Industrial Development Replaces pedestrian access standards for industrial zone development. Chapter 18.410 Off-Street Parking and Loading Clarifies wording related to minimum bicycle parking requirements. Chapter 18.420 Landscaping and Screening Adds language that allows required above-ground vegetated stormwater facilities to count toward minimum landscaping requirements. Chapter 18.435 Signs Reworded for clarity and brevity. Corrects erroneous reference. Revises standards for display of flags to be consistent with case law. Chapter 18.440 Temporary Uses Clarifies that seasonal events in the right-of-way that have been approved by the police department are exempt from temporary use permits. Chapter 18.640 River Terrace Plan District Clarifies that reduced minimum lot size is per-dwelling unit for rowhouse developments. Clarifies that entrances must be set back a minimum distance from wall that enclose living area,not garages. Clarifies the requirements for garage door placement relative to the plane of the habitable areas of a single detached house. Chapter 18.660 Tigard Triangle Plan District Clarifies that the minimum number of bicycle spaces is based on any portion of required length. Chapter 18.670 Washington Square Regional Center Plan District Corrects two erroneous references to Chapter 18.435, Signs. Chapter 18.710 Land Use Review Procedures Adds the adjustment process for the Tigard Downtown Plan District. Clarifies the procedural distinction between minor and major modifications. Removes the requirement for pre-application conferences for home occupations,extensions,and complex tree removals. Removes references to the Design Review Board and Type III-DR procedures. Changes the notice of decision requirements for Type II procedures to match the requirements for Type III procedures. Clarifies that the approval authority may remand decisions in Type III-Modified procedures. Chapter 18.740 Conditional Uses With the new standards in Chapter 18.350,the approval criteria in Chapter 18.740 required revision to ensure that the basic standards are addressed in conditional use approvals. In addition,language was added that clarifies that staff may require more strict standards than those in the code to address issues of compatibility for conditional uses. Chapter 18.760 Home Occupations Clarifies that home day care is exempt from home occupation permits. Removes discretionary criteria from Type I decisions. Clarifies that all motor vehicle painting is prohibited. Chapter 18.810 Lot Line Adjustments and Consolidations Clarifies language related to side lot lines. Removes inadvertent references to creation of lots. Removes reference to lot of record in screening requirements for flag lots. Chapter 18.820 Land Partitions Clarifies language related to side lot lines. Removes reference to lot of record in screening requirements for flag lots. Chapter 18.830 Subdivisions Clarifies language related to side lot lines. Chapter 18.920 Access,Egress, and Circulation Corrects an omission of access requirements for apartment development of over 100 units. Clarifies language regarding access requirements for nonresidential uses. Comprehensive Plan Map When the Comprehensive Plan Map was first drawn,large areas around waterways including Fanno Creek were designated as Open Space (OS).The Comprehensive Plan defines the OS designation as: Open Space—These areas are designated for retention in a natural state and for development of recreational uses. At the time the designation was created,it did not have an associated designation on the Zoning Map. So properties designated OS in the Comprehensive Plan Map were designated as either residential,commercial, or industrial on the Zoning Map. When the Parks and Recreation (PR) Zone was created in 2013 and city lands were designated as such,the new zone and the OS comprehensive plan designation were not reconciled between the two maps. Further,the OS plan designation as originally drawn was unique because it followed natural systems rather than property boundaries.This meant that it included some areas that were already developed and were not in public ownership. The proposed map changes will reconcile the discrepancies between the OS plan designation and the PR zone,which should align.They also reconfigure the OS plan designation to follow property line boundaries where the plan designation conflicts with existing development or private ownership. In addition,the neighborhood around Chelsea Loop, south of Fanno Creek Park,is proposed to be re-designated from Mixed-use Central Business District (MU-CBD) plan designation to Medium-density residential (M).This area is zoned R-12 and is already developed with single detached houses that are very unlikely to redevelop,and so the MU-CBD plan designation is not appropriate. Finally,the map changes include a comprehensive plan designation change for 15 properties along Knoll Drive and Hall Boulevard from low-density residential (L) to MU-CBD. This area is surrounded by areas designated as industrial, commercial, and MU-CBD. Zoning Map The proposed zoning map changes include the following: •Rezoning of a privately-owned residential property that was separated from the larger Woodard Park parcel through a lot line adjustment and sold by Metro's real estate division in 2017 from PR to R-4.5 (residential). •Rezoning of the property at 13405 SW Hall Blvd. (Tigard Christian Church) from R-12 (residential) to MU-CBD to match the Comprehensive Plan Map designation of MU-CBD. •Rezoning a portion of the property containing the Tigard Senior Center from PR to MU-CBD. •Rezoning 15 properties along Knoll Drive and Hall Boulevard from R-4.5 to MU-CBD. This pocket of residentially-zoned land is currently surrounded by commercial and industrial zones and the downtown plan district. Changes Since Planning Commission Draft There were only minor changes made from the draft recommended by Planning Commission. The changes include: •Addition of Chapter 18.350,Residential Zone Development Standards,in accordance with the recommendation of the Planning Commission; •Revision of language in Chapter 18.740,Conditional Uses,to further clarify approval criteria and to coordinate with the new Chapter 18.350; •Revision of qualifying threshold for downtown density and height bonuses from 60 to 80 percent of area median income for affordable housing developments; •Revision of language regarding approval processes and criteria throughout the code to bring consistency and clarity;and •Miscellaneous small changes. AGENCY COMMENTS TVF&R,METRO,DOGAMI,ODOT,DLCD,DEQ,ODFW,CWS,OR Dept. of Aviation,OR Historic Preservation Office, OR Public Utilities Commission,TTSD, Comcast Cable,Frontier Communications,NW Natural,Century Link,PGE,Tigard Water District,and Tri-Met were notified of the proposed code text amendments. The Department of Land Conservation and Development submitted written comments.Those comments and the staff response are attached. PUBLIC COMMENTS No public comments have been received at the time of this report. OTHER ALTERNATIVES Council could alternatively opt for one of the following: •Adopt the proposed map and text amendments with further modifications as deemed appropriate. •Continue the hearing and direct staff to modify the proposed map and text amendments. •Decline to adopt the proposed code amendments,resulting in no changes to the Community Development Code,Comprehensive Plan Map,and Zoning Districts Map. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Comprehensive Plan Goal 1: Citizen Involvements Comprehensive Plan Goal 2: Land Use Planning Comprehensive Plan Goal 15: Downtown 2019-2021 Council Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality Strategy 2.2: Continue to make Downtown Tigard a place people want to be by making substantial progress on projects that attract new residential and business investment Strategic Plan Goal 2: Ensure development advances the vision Affordable Housing Plan Strategy 11: Incentive Zoning DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Ordinance Exhibit A Exhibit B Exhibit C Exhibit D Agency Comments Powerpoint Planning Commission Recommendation Draft Tune 17 PC Minutes CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19- AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE TO UPDATE THE PROCEDURES AND STANDARDS IN THE TIGARD DOWNTOWN PLAN DISTRICT AND ADOPT OMNIBUS CHANGES TO THE COMMUNITY DEVELOPMENT CODE;AMFNDING THE COMPREHENSIVE PLAN MAP TO RESOLVE DISCREPANCIES; AND AMENDING THE ZONING DISTRICTS MAP TO ADD PROPERTIES TO THE TIGARD DOWNTOWN PLAN DISTRICT AND REMOVE A PROPERTY FROM THE PARKS AND RECREATION ZONE. WHEREAS, the city has initiated an application to amend the text of the Community Development Code and the Comprehensive Plan and Zoning Districts maps;and WHEREAS, the city desires to streamline and modernize the land use procedures and standards applicable to the Tigard Downtown Plan District in accordance with Comprehensive Plan Goal 15.1;and WHEREAS, certain revisions have been deemed necessary by the city to promote clarity and efficiency in the application of the Community Development Code;and WHEREAS, there exist some discrepancies between the Open Space designation of the Comprehensive Plan Map and the Parks and Recreation zone of the Zoning Districts Map;and WHEREAS,the city has determined that there is a public benefit to including certain properties adjacent to the Tigard Downtown Plan District within that plan district;and WHEREAS, notice was provided to the Department of Land Conservation and Development and Metro at least 35 days prior to the first evidentiary public hearing;and WHEREAS, notice to the public was provided in conformance with the Tigard Community Development Code Chapter 18.710.110 and ORS 227.186;and WHEREAS, the Tigard Planning Commission held a public hearing on June 17, 2019 and recommended by unanimous vote that Council approve the proposed map and text amendments;and WHEREAS,the Tigard City Council held a public hearing on July 9,2019 to consider the proposed map and text amendments;and WHEREAS,the Tigard City Council has considered the recommendation of the Planning Commission;and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances;and WHEREAS, the Tigard City Council has determined that the proposed development code amendments are consistent with the applicable review criteria. ORDINANCE No. 19- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The amendments to the Tigard Municipal Code, Title 18 Community Development Code set forth in Exhibit'A'are hereby adopted. SECTION 2: The amendments to the Zoning Districts Map set forth in Exhibit'B'are hereby adopted. SECTION 3: The amendments to the Comprehensive Plan Map set forth in Exhibit 'C' are hereby adopted. SECTION 4: The findings and conclusions contained in Exhibit 'D' are hereby adopted as the basis in support of this ordinance. SECTION 5: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and tide only,this day of ,2019. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2019. Jason B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No. 19- Page 2 Exhibit A Text Changes Text shown in ctrikcthrough is to be removed. Text shown in bold, italic, and underlined is to be added. Commentary is provided only for Chapter 18.650,Tigard Downtown Plan District. Commentary on the omnibus changes is provided in the staff report to Council. Chapter 18.650 Strikethrough Commentary Chapter 18.650 Tigard Downtown Plan District The Chapter was reorganized to use the same general organization of other chapters. Connectivity was renamed Transportation Connectivity and moved to a later section appropriate for supplemental standards. Chapter 18.650 TIGARD DOWNTOWN PLAN DISTRICT Sections: 18.650.010 Purpose 18.650.020 Applicability 18.650.030 Approval Process 18.650.040 ' • _.• - • . ! • • . . •• • • .pproval Criteria 18.650.050 Development Standards 18.650.060 CeniteetiviDesien Standards 18.650.070 Transportation Connectivity 18.650.080 Specific Adjustments 1 1 I ' . • . .. . . . I ! 1 . • . ■ . •. . . .. • •I . 18.650.120 Signs 1 1 ■ . . ' . . I . ' . .. 18.650.010 Purpose A. Purpose. The purpose of this chapter is to implement the comprehensive plan, Tigard Downtown Improvement Plan, and urban renewal plan and ensure the quality, attractiveness, and special character of the downtown plan district, as shown on Map 18.650.A. The regulations are intended to: 1. Facilitate the development of an urban village by promoting the development of a higher density, economically viable, and aesthetically pleasing pedestrian-oriented downtown where people can live,work,play.and shop for their daily needs without relying on the automobile.The quality and scale of the downtown urban environment will foster social interaction and community celebration. 2. Encourage the integration of natural features and the open space system into downtown by promoting development sensitive to natural resource protection and enhancement; addressing the relationship to Fanno Creek Park; and promoting opportunities for the creation of public art and use of sustainable design. 3. Enhance the street level as an inviting place for pedestrians by guiding the design of the buildings "walls" that frame the right-of-way (the —`public realm'—') to contribute to a safe, high quality pedestrian-oriented streetscape. Building features will be visually interesting and human-scaled, such as storefront windows, detailed facades, art, and landscaping. The impact of parking on the pedestrian system will also be limited. The downtown streetscape will be developed at a human scale and closely connected to the natural environment through linkages to Fanno Creek open space and design attention to trees and landscapes. 4. Promote Tigard's downtown as a desirable place to live and do business.Promote development of high-quality high-density housing and employment opportunities in the downtown. 5. Provide a clear and concise guide for developers and builders by employing greater use of graphics to explain community goals and desired urban form to applicants, residents and administrators. Tigard Downtown Plan District 18.650-1 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District This subsection was moved from the standards section because it aligns more with the applicability of the various sub-areas. The added language intends to clarify that other regulations in Title 18 still apply. These subsections were consolidated to provide clear guidance to when the regulations of the chapter apply.The whole chapter applies in the case of new development,while existing developments and uses have the options to come into conformance over time with redevelopment.The conflicting standards subsection was moved. B. Sub-areas. The four sub-areas located on Map 18.650.B and described below have different development standards in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor. The purpose of this sub-area is to create a pulse- point along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, the area has the high traffic and visibility to draw potential retail customers from the region. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the first story of buildings. It allows development of mixed- use and retail buildings that vary in scale from 1-story retail-only buildings to mixed-use buildings up to 45 feet tall with retail on the first story and residential or Office uses above. 2. Main Street - Center Street. The purpose of this sub-area is to create pedestrian-oriented, smaller scale development centered on the city's historic downtown Main Street. The pedestrian environment is improved with continuous building facades broken only intermittently. New buildings in the sub-area must include commercial storefront features pm the first story. Residential and commercial uses are allowed on upper stories. 3. Scoffins Street- Commercial Street. The purpose of this sub-area to provide an opportunity for higher-density residential as well as an employment base comprised of civic, ffice, and commercial uses in the areas of Commercial Street and Scoffins. Residential-only buildings, commercial buildings, and mixed-use developments are allowed. 4. Fanno - Burnham Street. The purpose of this sub-area is to provide an opportunity for medium-scale residential or mixed-use development. Compatible mixed uses (live-work, convenience retail, office, and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high-quality residential environment with views and access to the natural amenity of Fanno Creek Park. (Ord. 18-28 §1: Ord. 18-23 §2; Ord. 17-22 §2) 18.650.020 Applicability A. Applicability. The regulations of this chapter apply to the Tigard Downtown Plan District in addition to all other applicable regulations of this title. The boundaries of the plan district are shown on Map 18.650.AB, which is located at the end of this chapter, and on the official zoning map. B. Conflicting standards. With the exception of public facility requirements, the requirements in this chapter govern in the event of a conflict. C. Design standards applicability. 1. New buildings_and redevelopment: All applicable use,development, and design standards of this chapter apply to new buildings and related site improvements. expansions, enlargements, modifications, or site improvements associated with such lawfully established pre existing uses and structures arc allowed, provided the application for such proposed development moves toward compliance with the applicable development standards. e- •. - -. . . • - - _n standards applicable to the proposed expansion, Tigard Downtown Plan District 18.650-2 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The conflicting standards subsection was moved from earlier. An exemptions subsection clarifies the types of activities, uses, and developments that are exempt from the regulations of the chapter. 2. Pre-existing uses and development. Pre-existing land uses and associated development that were lawfully established prior to the effective date of this chapter are treated as lawful or approved uses and developments,subject to the following: a. Modifications associated with lawfully established pre-existing uses and structures are allowed, provided the modifications meet or move the nonconforming use or structure toward compliance with all applicable standards, except that single detached houses used for residential purposes that were lawfully established prior to the effective date of this chapter are exempt from the design standards of this chapter. b. If a structure containing a pre-existing use is accidentally destroyed, or the use is otherwise abandoned, then the use will retain its pre-existing status under this provision provided it is substantially reestablished within 1 year of the date of the loss. Any new structures containing the use must comply with the provisions of this title. c. Existing nonconforming industrial structures at the following locations may continue to be utilized for I-P industrial uses after the nonconforming use limit of 6 months: 2S102AA04700, 2S102AC00100, 2S102AC00202, 2S102AD01203, 2S102DB00100, and 2S102DA00300. B. Conflicting standards. With the exception of public facility requirements, the requirements in this chapter govern in the event of a conflict. 4C.Exemptions. The following are exempt from the downtown development review procedures of this chapter, but must comply with all standardsdesign review: /a. Maintenance orate repair of a building, structure, or site in a manner that is consistent with previous approvals or necessary for safety: 2b. Projects undertaken to bring an existing development into compliance with applicable federal and state accessibility regulations; c. Exterior painting; 34. Any modification to the exterior f a buildings that does not require a building permit; 4e. Interior remodelin ng_ of associated with a change of use; 5€. Temporary structures or temporary uses as defined in Chapter 18.440, Temporary Uses; 6g. Any development involving a pre-existing single detached house that is not being converted to or already been converted to a nonresidential use or that has previously been converted to a nonresidential use; 7h. Any change of use and associated interior remodeling on a property that is in the Main Street subarea; or 8 . Any change to windows, doors, awnings, or other similar exterior elements on facades that are not street-facing. (Ord. 18-23 §2; Ord. 17-22 §2) 18.650.030 Approval Process Tigard Downtown Plan District 18.650-3 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The approval process section was completely changed. Extraneous language was removed.The former "tracked" procedures were completely removed and reworked to used a more standard approach that appears elsewhere in the code. Now, instead of a Track 1 design compliance letter and and Track 2 administrative review,there is just one downtown development review, and it utilizes either a Type I or Type II procedure depending on whether it meets certain thresholds. The Track 3 review was previously a discretionary review before a design review hearings body. However,this track was seldom used, most likely because of the time and expense involved in a Type III procedures, particularly when the end result was essentially an adjustment to the standards.There was also conflicting language on whether a concurrent Type II procedure was required. This option has been replaced by a district-specific adjustment in the manner of the Tigard Triangle. There were also certain standards that could be changed or waived at the discretion of the Director, but there was no procedure for granting those and no clear criteria.Those have been brought under the procedural umbrella of the downtown adjustment. The thresholds for review were more clearly labeled to indicate what they are and to remove multiple instances of the word "applicability". A. Procedures.Types of downtown design review approval process. To achieve the purpose of the downtown site and building design standards,there are three tracks to apply for approval. Applicants, design review requirements through a combination-ef satisfying -certain design-standard and in a case, the public hearing and decision will focus on whether or not the development meets the requirements of the applicable design objectives only. 1. Type I downtown development review. Downtown development review applications for development or modifications that meet the thresholds of Paragraph 18.650.030.B.1 are processed through a Type I procedure, as provided in Section 18.710.050, using the approval criteria in Subsection 18.650.040.A. Track 1. The design compliance letter provides for a Type I review process, using the clear and objective design standards. It is intended for smaller building and site renovation projects that meet the-thFeshold of Subparagraph 18.650.030.B.1.a. 2. Type II downtown development review. Downtown development review applications for development or modifications that meet the thresholds of Paragraph 18.650.030.B.2 are processed through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Subsection 18.650.040.8. Subparagraph I8.650.030.B.2.a. 3. Downtown adjustment. Downtown adjustment applications are processed concurrently with a downtown development review, through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Subsection 18.650.040.C. There are two types of downtown adjustments: - - _ ..• - . . - - - process through which a design review board determines compliance with the design objectives. II review for all other applicable standards or a Type III review for a conditional use. a. Adjustments to the design standards of Section 18.650.060, and b. Specific adjustments allowed by Section 18.650.080. B. Review ThresholdsProcedurea. If a proposed development or modification is unlisted, the Director will determine the most appropriate review type. This determination is the final local decision and will favor the review type that provides the most appropriate public notice and opportunity for public comment. 1. Type I downtown development review. standards. a. Applicability. A Type I downtown development reviewTrack 1 review is required for one or more of the following: al. Addition, elimination, or change in location of windows that does not decrease the minimum required window coverage on a street-facing€ac-alefacade below the minimum required; Tigard Downtown Plan District 18.650-4 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The approval process and criteria for each review threshold have been moved to the appropriate place in the related sections. bii. Addition, elimination, or change in location of entrances and loading doors on a street- facing facade; cam.Addition of new and change to existing awnings, canopies, and other mounted structures ante an existing street-facing facade; dam.For commercial and mixed-use developments, modification of up to 15 percent on-site landscaping with no reduction in required landscaping. Modification refers to changing the hardscape elements and the location of required landscape areas or trees; es,. Modification of off-street parking with no reduction in required parking spaces or increase in paved area; . Addition of new fences,retaining walls, or both; vii. Changing of existing grade; g344. An increase in the height of athe building bless than 20 percent; hi*.A change in the type and location of access ways and parking areas where off-site traffic would not be affected; ix. An increase in the floor area proposed for a nonresidential use by less than 10 percent or under 5,000 square feet; 1i. A reduction in the area reserved for common open space or usable open space, which does not reduce the open space area below the minimum required by this title or reduces the open space area by less than 10 percent; or Any modificationchangc of use that requires additional parking. Type I procedure, as provided in Section 18:710.050, using the approval criteria in Paragraph 18.650.030.B.1. c. Approval Criteria. The approval authority will approve or approve with conditions an standards for the development in Section 18.650.070 or the applicable Additional Standards in Section 18.650.080. 2. Type II downtown development review . : • : • • • - •_ . -. - . a. Applicability. A Type II downtown developmentTrack 2 review is required for one or more ef the following: ai. All new development except those listed in Subparagraph 18.650.030.B.1.a; Off Street Parking and Loading; Tigard Downtown Plan District 18.650-5 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District These approval criteria have been moved to their own section from the previous one and modified for clarity. change in the type of commercial or industrial structures as defined by the state building code; civ.An increase in the height of the building by more than 20 percent; dd. A change in the type and location of access ways and parking areas where off-site traffic would be affected: evi.An increase in the floor area proposed for a nonresidential use by more than 10 percent excluding expansions under 5.000 square feet; or A reduction in the area reserved for common open space or usable open space, which reduces the open space area below the minimum required by this title or reduces the open space area by more than 10 percent. procedure, as provided in Section 18.710.060, using the applicable building and site design standards of this chapter as approval criteria. application when all of the following criteria arc met: Building and Site Design Standards in Section 18.650.070 and Additional Standards in Section 18.650-080. Applicants must demonstrate that the proposed site and building plan meets the design standards, and through design standards. DR procedure, as provided in Section 1.8.710.070, using the Building and Site Design Objectives in Section 18.650.1 10 as approval criteria. application when all of the following criteria arc met: Building and Site Design Objectives in Section 18.650.110. Applicants must demonstrate that the proposed site and building plan meets the intent statements-of the design objectives, and through architectural drawings, illustrations, graphics, photographs, a narrati- c with findings and other materials that demonstrate how the proposed development implements-the intent of the design standards. C. Approval period and extensions. Expirations and extensions of approvals are provided in Subsection 18.20.040.G. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.650.040 Approval Criteria A. Type I downtown development review. The approval authority will approve or approve with conditions an application for Type I downtown development review when the following are met: 1. The modification does not cause the development to go out of conformance with any applicable standard of this chapter or further out of conformance if already nonconforming, except where an adjustment has been approved;and Tigard Downtown Plan District 18.650-6 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The downtown adjustment uses two approval criteria—one for design adjustments and one for specific adjustments.The design adjustment criteria is a simplified version of the criteria for the general adjustment procedures in Chapter 18.715,which aligns with the approval criteria in the former Track 3 approval process. The criteria for specific adjustments are particular to each adjustment and are included in the specific adjustments section. The pre-existing uses and development section was moved to the applicability section, where it better fit. 2. The modification complies with all other applicable standards of this title. B. Type II downtown development review. The approval authority will approve or approve with conditions an application for Type II downtown development review when the following are met: 1. For new development, the proposed uses and structures comply with all applicable standards of this chapter and title;or 2. For modifications, the modification does not cause the development to go out of conformance with any applicable standard of this chapter or further out of conformance if already nonconforming, except where an adjustment has been approved;and 3. The proposed modification complies with all other applicable standards of this title. C. Downtown adjustment. The approval authority will approve or approve with conditions an application for a downtown adjustment when either: 1. The design adjustment will result in development that equally or better meets the purpose of the standard in Section 18.650.060 that is being modified, or 2. The specific adjustment is allowed by Section 18.650.080 and complies with the approval criteria provided for that adjustment. A. Appl. bTty. Notwithstanding the provisions of Section 18.50.0107--auy-ffe ig land uses and abandoned, then the use will retain its pre existing status under this provision provided it is with the provisions of this title. - - - B. Standards for single detached houses. I. Existing single detached houses used for residential purposes arc exempt from the standards. ... ' .. - .. . " .. !. • - te _• _ . .. . _ 18.650.070, and Additional Standards in Section 18.650.080. C. Existing nonconforming industrial structures. Existing nonconforming industrial structures at the limit of 6 months: 2S102A/10.4- !! _ ! • !! !! - ! • !! ! _ ! • !e e , , , ! 9 t!• !! ! • • !! !! • • e Tigard Downtown Plan District 18.650-7 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District This section was renamed to "development standards"to better organize the chapter and separate the building design standards eligible for a design adjustment. This subsection was moved to the applicability section. 18.650.050 Development Standards and height limits in order to create a feeling of distinct districts within the larger zone. -- - •• •- - - - •• •_ •- area has the high traffic and visibility to draw potential retail customers from the region. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground floor level of buildings. It would allow development of mixed use and retail buildings that could vary in scale from 1 story retail only buildings, to mixed use buildings up to 15 feet tall with retail on the ground floor and residential or Office uses above. 2. Main Street Center Street. This sub area is cent- -: -- • . • -. - Street.It is intended to be pedestrian oriented with smaller scale development that would function like a "traditional Main Street." A pedestrian environment would be improved with a continuous floors with commercial storefront features. Residential and commercial uses are allowed on upper floors. 3. Scoffins Street Commercial Street. This sub area i" '- . . . . . : . .... . • commercial buildings, and mixed use developments are allowed. mixed use development. Compatible mixed uses (live work, convenience retail, office, and civic uses) arc encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high quality residential environment with views and access to the natural amenity of Fanno Creek Park. Tigard Downtown Plan District 18.650-8 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The subareas map was moved to the end to be included with the plan district map. Tigard Downtown Plan District 21 Sub-Areas Urban Renevra,Lstrict 99W-Hall _. nRAan Fanno-Bumham Main-Center s� Scoffms-Cammeraal 1i Q Station Area Ovehay <C(‘ 4/4, % _„440 • o yl9W rn 111 by m 4 x • . .. ..• -- e• .. -• _ .. . Tigard Downtown Plan District 18.650-9 Code Update: 12/18 Commentary Chapter 18.650 Tigard Downtown Plan District Former footnote 1 was already covered in the text. Former footnote 2 points a section that was removed. Former footnote 3 is not needed. B. Development standards. Development standards apply to all new development in the MU CBD zone, including developments using the Track 3 approval process. A1-.Development Standards. Development standards are provided in Table 18.650.1 and Map 18.650.A. Table 18.650.1 Development Standards [1][2][3] Sub-Areas Standard Main Street 99W/Hall Scoffins/Commercial Fanno/Burnham (MS) Corridor(99H) (SC) (FB) Minimum Lot Size None None None None Minimum Lot Width None None None None Minimum Setbacks 0/5 ft. -Front 0 ft. (5 ft. for frontage 0 ft. 0 ft. on 99W) -Street side 0 ft. 0 ft. 0 ft. 0 ft. -Side Oft. Oft. Oft. Oft. -Rear 0 ft. 5 ft. 5 ft. 5 ft. Maximum Setbacks -Front 10 ft. 25 ft. 20 ft. 20 ft. -Street side 10 ft. None None None Building Height -Minimum 20 ft. 20 ft. 20 ft. 20 ft. -Maximum W 80 ft. 45 ft. 80 ft. 80 ft. [27] - First storyGround 15 ft. 15 ft. None None floor minimum Maximum Lot Coverage 100% 90% 90% 80% Minimum Landscape Area 0% 10% 10% 20% Minimum Building 50% 50%0 50% 50 /o 0 Frontage Residential Density(units per acre) -Minimum [44] 25 25 25 15 -Maximums 50 50 50[j{ 1 50 LE[61 [1] This table does not apply to existing-clevelepment. All new buildings in the plan district must meet these development standards, including developments using the Track 3 approval process. {2] For standards for development surrounding the future public plaza see Section 18.650.090, Special Requirements for Development Bordering Urban Plaza. [3] See also Section 18.650.100, Exceptions to Standards. /11 See Subsection 18.650.080.D. 121 45 feet within 200 feet of Fanno Creek Park boundary (see Map 18.650.B) or within 50 feet of the R-1 through R-12 zones. Tigard Downtown Plan District 18.650-10 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The former footnote 5 was not needed. Former footnotes 6 and 7 were moved. The language in standards 1-4 was rewritten to be more consistent with language elsewhere in the title and to clarify that parking areas must be screened from all public areas, not just streets. Standards 5-8 were moved from later in the chapter. QLf In the MU-CBD zone, required landscaping mayeae be provided on roofs or within the abutting right-of-way where the applicant is required to provide landscaping as part of a street improvement in compliance with Section 18.650.0760. {5] Parking lots must meet the tree canopy standards provided in Paragraph 18.420.060.B.4. [6] Station area overlay permits a maximum of 80 units per acre(see Map 18.650.A). [7] 45 feet within 200 feet of Fanno Creek Park boundary (see Map 18.650.A)or within 50 feet of a low or medium density residential zone. [48] Minimum density applies to residential-only development(not mixed-use). 151 Maximum density in the station area overlay is 80 units per acre(see Map 18.650.B). B2.Parking location. la. Parking is allowed areas must be located on the side or rear of newly constructed buildings. If located on the side, the parking area may not exceed 50 percent of the total frontage of the site. 2b. Parking areas must beis set back a minimum of 10 feet from a streetn property line. 3e. When abutting a public right-of-wayctreet,pedestrian paths and trails in a public easement, or a public park, parking areas must be screened to the S-4 standard as provided in Table 18.420.2. 41. Where a parking arealet shares a property line with an adjacent parking arealet, the landscape requirement along the shared property line is not required along the shared property line. 5. All apartment developments must provide a minimum of 1 parking space per unit. Adequate provisions for barrier-free parking must be provided as required by the state building code. Visitor parking spaces are not required. Adjustments to the bicycle parking requirements are prohibited. 6. For all other uses, the minimum off-street vehicle parking requirements are 75 percent of the total computed from Table 18.410.3. Adjustments to the bicycle parking requirements are prohibited. 7. No parking is required for new commercial development up to 20,000 square feet in the Main Street-Center sub-area except that any apartments must provide a minimum of 1 parking space per unit. 8. When calculating the total minimum number of vehicle parking spaces required in Table 18.410.3, fractional space requirements are rounded down to the nearest whole consecutive number. 9. Motorcycle or scooter parking may substitute for up to 5 required parking spaces or 5 percent of the total parking requirement, whichever is less. For every 4 motorcycle or scooter parking spaces provided, the automobile parking requirement is reduced by 1 space. Each motorcycle Tigard Downtown Plan District 18.650-11 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The specific standard number was removed from the graphic and it was given a title in the manner of the rest of the figures in the development code. space must be at least 4 feet wide and 8 feet deep. Existing parking may be converted to take advantage of this provision. oio 0io:o o'o o.0 oto o=oio 0,0 am ao oA.oio.o 010 0010.00:0a0oea. Q i0O 14 o e I o O I O' q 1 0 o 0: o I o 6 0 a 0 e ,, . a tiding - a I Building o i 1 o e 11 I 0 •- -- -- - c0 IIID IDParking on the side or rear of buildings Oi 1-1 landscape standard 0 Max.50%of site frontage a landscape not required along shared prop line 0 Min.10'setback Q See Chi 8.745 for screening and landscaping requirements B2 Parking Location Figure 18.650.1 Parkin,Location Tigard Downtown Plan District 18.650-12 Code Update: 12/18 Commentary Chapter 18.650 Tigard Downtown Plan District Clarifying language. 010 0 0=0 0 01010'0100 010 000 0 9 010 0 0100 01004050 0 00*OIY.0 0 o e 0. I •o a I ° o 4 I Q I a ;; Building coo a I s m < -0-0-111) Parking on the side or rear of buildings Oi L-1 landscape standard OMax.50%of site frontage 0 Landscape not required along shared prop•line 0Min.10'setback QSee Cht8745for screening and landscaptngregrxrements C3.Rooftop features and equipment screening. la. The following rooftop equipment does not require screening: ai. Solar panels,wind generators, and Been roof features; bii. Equipment under 2 feet in height. 2b. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. 3e. Satellite dishes and other communications equipment are limited to a maximum of 10 feet in height and must be set back a minimum of 5 feet from the roof edge and screened from public view to the extent practicable. 44. All other roof-mounted mechanical equipment is limited to a maximum of 10 feet in height and must be set back a minimum of 5 feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: ai. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; or Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. c. Required screening is included i Tigard Downtown Plan District 18.650-13 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District These graphics are not needed and were removed. IMMINIMMIIIIIIIIMIll waft qp‘i tea. Q5 feet max.equipment height 0 Equipment set back min.5 feet B.3 Rooftop Features/Equipment Screening l , \r t} -, septi-ri pew vs iii 0 Sceen made of primary exterior finish material,wood,or masonry B.3.d.(1)Rooftop Features/Equipment Screening(architectural screen) Tigard Downtown Plan District 18.650-14 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District There are references to reviews for fences, but no standards.This new language uses the standards of other commercial zones but prohibits razor wire. This section was moved. ,r� it 11F" k dr a 111171§0711. P 0 Green roof featwes with evergreen foliage B.3.d.(2)Rooftop Features/Equipment Screening(vegetative screen) D4.Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes, etc.) must be screened from view from adjacent ROW, public right-of-wap, pedestrian paths in a public easement, public parks, public spaces, and parking areas by one or mores combination of the following: la. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry;or 2e. Dense evergreen landscapingfoliaga that provides€orms an opaque barrier when planted. All landscaping used for this purpose must that will be regularly maintained. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) E. Fences. All fences must comply with the standards of 18.310.020. Barbed or razor wire fences are prohibited. A. P pose. The purpose of this section is to implement the Cid of Tigard 2035 Transportation System Plan, which describes a more complete system of streets and pathways to improve multi modal access are intended to execute connectivity improvement projects-that will foster creation of smaller block downtown development. The standards arc also intended to solve some existing connectivity issues, such as access across railroad tracks. Tigard Downtown Plan District 18.650-15 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District Throughout the building design standards section,the language was restructure to provide a purpose and a standard.The Track 3 intent statements mirrored the intent statements in the standards almost exactly. Certain language that was not mirrored in the former Track 3 intent statements was added where needed. • • • .. • . . . ' . • .. . . .. - •:•. -- . - .:•• the connectivity requirements below. C. Required new street and alley connections. Required new street and alley connections must be provided as follows. current value as assessed by the Washington County assessor,the applicant must comply with the following: a. The applicant must dedicate the amount of right of way necessary to construct the required Engineer may approve the dedicatien of a public easement in lieu of a portion of the public right of way in compliance with Subsection 18.910.030.C. street cross section. with the following: alignment. Surface parking, landscaping, temporary structures, driveways, and similar types of development are allowed within the future alignment. .. . .. - _ _ -- • - e . pay for the identified street or alley improvement. D. Required new pedestrian pathway. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor that is within the area designated for required multi use pathway, the applicant must provide multi use pathway on public easements or rights of way through the block in a manner that ensures that connections conncction through the block and be subject to the requirements of Section 18.910.110. is not considered a major redevelopment for the purposes of-Subsections 18.650.060.0 and D. (Ord. 18 23 §2; Ord. 17 22 §2) 18.650.0670 Design Standards A. Create vibrant first storiesgr^���, streetscapes, and rights-of-way; provide weather protection; and promote safety and security. 1. Purposelntent. Design standards in this section are intended to foster vibrant, inviting streetscapes and sidewalk-facing first storiesground floors and entrances. They are also intended to create buildings that are easily accessible to and provide protection from the elements for pedestrians. They also will help ensure that the first storpground floor promotes a sense of interaction between activities in the building and activities in the public realm. Building and site design should also address crime Tigard Downtown Plan District 18.650-16 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The specific standard number was removed from the graphic and it was given a title in the manner of the rest of the figures in the development code. prevention through defensible spaces lighting, and features that allow observation and!eyes on the street.'-- Windows, doors,and weather protection are an integral part of the building design. 2. Standards. a-1-. Street facade. ;Street-facing facades must be built in proximity to the street. This standard is met when at least 50 percent of the first stormeund-ftoor front building elevation is located no further from the front property line than the maximum front setback standard provided in Table 18.650.1; and, where maximum street-facing side setbacks are required within the Main Street sub-area, at least 50 percent of the first story street-facing side building elevation is located no further from the street-facing side property line than the maximum street-facing side setback standard provided in Table 18.650.1. r4ig $O o:0.9 a Oto:O Yso.O:oco 9.09 oto to e o a g ii a o ¢ a 0 a o Building t C Q-- 11 ,. 6 / OMaximum setback Me OLot frontage 0 Min SO%of street-facing lot frontage occupied by bailing facade at setback line A (a)Street Facade b-2. Primary entrances. M. onresidential and mixed-use buildings_: lam} At least 1 entrance is required for each business with a first story frontage. lei Each entrance must be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. f 2i4: All primary first story common entrances must be oriented to the street or a public space directly facing the street,not to the interior or to a parking lot. iib. For rResidential buildings Tigard Downtown Plan District 18.650-17 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District This subparagraph was reorganized for clarity. The primary public entrance to each building unit must be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. 0114-i- All primary first storyground floor common entrances of apartment buildings and individual unit entrances of rowhouses that front the street must be oriented to the street or public right-of-way,not to the interior or to a parking lot. c3. Windows.Minimum window coverage includes any'lazed portions of doors. ia. Ground floor windows for nNonresidential and mixed-use buildings_- �i The minimum window area of first story street-facin' facades is 60 percent minimum ground floor window coverage for street facing wall (minimum window coverage includes any glazed portions of doors). - -. : :: .. . .. -• . :.' . ' • ground First storyfloor windows must have a visible transmittance (VT) of 0.6 or higher, with the exception of medical and dental offices, which may have tinted windows. lib. Ground floor windows for rResidential buildings_= The minimum window area of first story street-facing facades is 30 percent minimum ground Hoer window coverage for street facing wall (minimum window coverage includes any glazed portions of doors). iiie.Upper floor windows and doors for all buildings_= !L- The minimum window area of street-facing facades above a first story is 30 percent minimum upper floor window coverage for each fiber of the street facing wall (minimum • - . . .. ... , except on top stories that include sloped roofs and dormer windows. .- where sloped roofs and dormer windows are used. The minimum ratio of vertical to horizontal dimensions for windows on a street- facin' facade above a first story isUpper floor windows must be vertically oriented (a minimum vertical to horizontal dimension ratio of 1.5:1). ivd.Window shadowing for all buildings_. Windows must be :- • - - - •- .-- • This can be accomplished by recessedmg windows 3 inches into the facade#=acade: Nonresidential and mixed-use buildings may instead er-incorporateing trim of a contrasting material or color. d4. Weather protection. For nonresidential and mixed-use buildings: For nonresidential and mixed use buildings: ia. A projecting facade element (awning, canopy, arcade, or marquee) is required on the street- facing facade of the street with the highest functional classification. Tigard Downtown Plan District 18.650-18 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District iib. Awnings, marquees, and canopies must project a minimum of 3 feet from the facade and may project a maximum of 6 feet into the public right-of-way or the minimum sidewalk width along the building frontage, whichever is less.Any element that projects into the right-of-way is subject to approval by the City Engineer. ilk.Marquees must have a minimum 10-foot clearance from the bottom of the marquee to the sidewalk. Awnings and canopies must have a minimum 8-foot clearance from the bottom of the awning or canopy to the sidewalk. ivd.Awnings must match the width of storefronts or window openings. re. Internally lit awnings are not allowed. vif. Awnings must be made of glass, metal, or exterior grade fabric (or a combination of these materials). Tigard Downtown Plan District 18.650-19 Code Update: 12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The specific standard number was removed from the graphic and it was given a title in the manner of the rest of the figures in the development code. —. .t.,._ -., •..,tee =:E-D>-la.T F,,ir:E= =_eu:FEr:..': �1�T 4A�E: =,F_U:PE`_`� II Il - 1. --I 0 I 167 r II II i 1 G F O i0 '( D Alt 1 • I illaupirol ;NW. 4111111111 I I 3 ANN 3� _ E - P' ti I 1 t=1 _ 1 I y i F 1:11 I 41 Iiiii tr4H ft rii. E A B ' re 1 LI g J QPrimary entry door oriented to street or public space 0 Entrance is covered and tor recessed behind facade 0 Primary entry doors oriented to street or public space Min 3'; 0 Max 6'projection 0 Entrance is covered and/or recessed behind facade Max 4'balcony/deck projection 0 Max 4'balcony.+'deck projection Min 1 d clearance Min 1Crclearance Min 6096 windows Min 3096windows Min 309bwind cnvs Upper windows vertically oriented a Upper windows vertically oriented A2-4 Residential(Only) Building A.2-4 Commercial/Mixed-Use Building Tigard Downtown Plan District 18.650-20 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District Figure 18.650.2 Figure 18.650.3 Residential Buildings Nonresidential and Mixed-use Buildings PropeLine Property Line Development Site Right-of-way De•:elopment Site Right-of-way II ` Il 1( 0 1 017____01: a 1 ` I. CO iiiiimai:r;Limic. ' '.' .. ; CO oloti, 0 !Pr. , . — , . }shrrs,l Mar ffe *Oil 722v i - --moi— – _r IiilibWO ' Not -..: �-- F I IOW - r ! A 13 1111 ,►i B E Emma" n;,- n7 A J 0 Primary entry door oriented to street or public space 0 Entrance is cowered and/or recessed behind facade 0 Primary entry doors oriented to street or public space 0 Min 3';Mao<6'projection 0 Entrance is covered andfor recessed behind facade 0 Max 4'balcony/deck projection 0 Max 4'balcony/deck projection 0 Min 10-clearance Min 1Cfclearance rre Min 6096windows Min 3036windows Min 3096 windows Upper windows vertically oriented Q Upper windows vertically oriented B. Cohesive architectural facade standards. Tigard Downtown Plan District 18.650-21 Code Update: 12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The specific standard number was removed from the graphic and it was given a title in the manner of the rest of the figures in the development code. 1. Purpose. Build and expand upon downtown Tigard's architectural character by incorporating cohesive and repetitive architectural elements into the ground floor of street-facing facades. Relate to the horizontal facade articulation and massing of surrounding development or utilize building and site design elements that connect Fanno Creek Park or extend natural elements to the downtown. 2. Standard4-. Architectural bays for nonresidential and mixed use buildings. Divide the street- facing ground floor of nonresidentialE ercial• and mixed-use storefronts into distinct architectural bays that are no more than 30 feet on center. For the purpose of this standard, an architectural bay is defined as the zone between the outside edges of an engaged column, pilaster, post,or vertical wall area. 1 I ' 1 1111 _ill ° 1111 ---ip . ; , i i , .L. _ �_.. � . _,..., , r., i q '7-----ir---i 'I.. 1 ,., I ".. i L._.___._-_3 O � 8 .ter III ! - -- 1111 o 1 0 0 Architectural bay(3(1 max on center) 0 Building lighting 0 Transom windows °Ground floor windowsill 0 Columnipilaster'post 0 Blade sign O Sign band/storefront frieze B.1 Architectural Bays Figure 18.650.4 Architectural Bays Tigard Downtown Plan District 18.650-22 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District ....... li , --- - - - - , , , , I _i _i __i 1 I , ._,_,, 1 I i 0 C r Ti i I I I_ �� o i oii _ QArchitectural bay 00 max on center? 0 Building lighting 0 Transom windows ©Ground floor windowsill QColumn/Wiest er'post 0 Blade sign 0Sign bandlstorefrontftieze C. Integrated building facade standards. 1. Purposely. Build upon and improve downtown Tigard's architecture by creating an attractive and unified building facade that encourages ground floor activities and creates visually interesting facades and roofs. 2. Standards. a. Facades. i4-. Nonresidential and mixed-use buildings without residential component tri partite facades. • . • '. . - . . - :Buildings 2 stories and above must have 3 clearly defined elements on the street-facing facade: a base (extends from the sidewalk to the bottom of the second story or the belt course that separates the ground floor from the middle of the building); a middle (distinguished from the top and base of the building by use of building elements); and a top (roof form or element at the uppermost portion of the facade that visually terminates the facade).A tri partite facade creates a unified facade and breaks up vertical mass. Tigard Downtown Plan District 18.650-23 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The specific standard number was removed from the graphic and it was given a title in the manner of the rest of the figures in the development code. Q r 1 B Fr / 1 1, rm. _4, ,j ii` , x _,1, 1, _ O'Erase Oa Bet course/Ming course 0•Middle' 0 Projecting comice/pa2pet 0`fop' Cl Integrated Building Facade(Commercial/Mixed-Use Building) Figure 18.650.5 Integrated Building Facade(Nonresidential Buildings) I - ' I -_i r. ,--,, ! , ...: 1 _ ,...._ ;f" ijj.__ r O'Base 0 Batt course/strong course Q'Middle" 0 Protecting comicerparapet 0 Top' iii. Residential and mixed-use buildings with a residential component facades. a. Unit definition. Each street-facing dwelling unit must be emphasized by including include a porch or balcony that extends from the facade a minimum of 1 foot and a maximum of 4 feed s the stree+ Tigard Downtown Plan District 18.650-24 Code Update: 12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The specific standard number was removed from the graphic and it was given a title in the manner of the rest of the figures in the development code. b. Trim detail. Trim must be used to mark all building roof lines, porches, windows and doors that are on a primary structure's elevation. 11 _l — - _. , 1... 1 , iimummi . .. . _ . . . , immilmi Urt, 1 MIIIIIIIIIIIIIIIIIIIt , "N"'"" "" i -1, . i _i IMIN f; . I_ 1 . ...... .I mom _ , 111 I ' I mi: - 1 ,x, L , 1 Li-i; ir„ _ ,, , _ .... .... . ., ..... „., ' AM I '"--`1 l....,..1 unit IBM unit unit •-. 0 Street-facing bay widow 0 Street-facing porch O Street-facing bakony o Trim required on roof lines,porches,windows,and doors C.2 Integrated Building Facade(Residential Only Building) Figure 18.650.6 Integrated Building Facade(Residential and Mixed-use Buildings) C 1 I ii-Nrnn'tost gm lert WWI .,101.--i-i.4...1 mi ii 57--ir-il 1 , - 1, i 7----7, 7-1—11* i 1 1 lislill_ , I Em ,..: 1m. i IN*la i 1_ ,Oa, 0 7--LI,---, unit unit i r—N unit ..._ .... O Street-facing bay window 0 Street-facing porch O Street-fadng bakony 0 Tam required on roof Met,porches,windows,and doors b-3. Roof forms. Tigard Downtown Plan District 18.650-25 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District ia. The roof form of a building must follow one(or a combination)of the following forms: �} Flat roof with parapet or cornice; f Hip roof; Gabled roof; f i Full mansard roof; (Qv, Dormers; or Zvi- Shed roof iib. All sloped roofs (other than full mansard roofs) - :. . . - ..•. -- - . ' . - • -- .•. . .. -•- . have a minimum 5/12 pitch. iiie.Sloped roofs must have eaves, exclusive of rain gutters,that project from the building wall at least 12 inches. ivd.All flat roofs or those with a pitch of less than 5/12 must be architecturally treated or articulated with a parapet wall that projects vertically above the roof line at least 12 inches or a cornice that projects from the building face at least 6 inches. ve. When an addition to an existing structure or a new structure is proposed in an existing nonresidential development, the roof forms for the new structures must have similar slope and be constructed of the same materials as the existing roof. Flat roof Hip roof Gabled roof Full mansard roof Dormers Shed roof )111 o - 1 787 01 611111"17 Parapeticomico must project min.12'vertically O Eaves must project min.12"from face of building Parapet/comic@ must project min.6'from face of bustling 0 Min.5/12 pitch ars sloped roofs C.3 Roof Forms Tigard Downtown Plan District 18.650-26 Code Update: 12/18 Commentary Chapter 18.650 Tigard Downtown Plan District Figure 18.650.7 Roof Forms Flat roof Hip roof Gabled roof Full mansard roof Dormers Shed roof NI" I 'NW a All rf 1):77.513111% 61 64!1W4171 ° 0 Parapet/cornice must project min.12'verticaNy Q[eves must project min.12"from face of huilding 0 Parapet/cornice must project min 6'from face of building 0 Min.5112 pirch on sloped roofs D. Create street corners with strong identity. 1. Purposelntent. Create a strong architectural statement at street corners. Establish visual landmarks and enhance visual variety. 2. Standard. 4-. lNonresidential ander mixed-use buildings at the corner of 2 public streets or a street and public area, park= or plaza (for the purposes of this standard an alley is not considered a public street)must incorporate one of the following features: a. Locate tThe primary entrance to the building at the corner; b. A prominent architectural element, such as increased building height or massing, a cupola, a turret= or a pitched roof at the corner of the building or within 20 feet of the corner of the building; c. The corner of the building cut at a 45 degree angle, or a similar dimension"rounded"corner; or d. A combination of special paving materials, street furnishings orand. where appropriate, plantings near, in addition to the front door. Tigard Downtown Plan District 18.650-27 Code Update: 12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The specific standard number was removed from the graphic and it was given a title in the manner of the rest of the figures in the development code. 4111 • Primary entry door to the building'mated at corner aProminent architectural element within 20'of the corner of the building 0 Corner min 10'from street corner and cut at 45 degree angle . .• 0 Special paving patterns,street furnishings,and plantings near front door 1 Li Milt :'y. A.2-4 Commercial/Mixed-Use Building 1.11, A.ill II .1 Fir;ure 18.650.8 Street corner(Nonresidential and Mixed-use Buildinj's) ill cit. r. IIS _ nig k- • 4 ! 1!hw1J ' !' � � I� 1IR ; �-i�M�� �-� -• 11� OPrinrary entry doorto the building located at corrser 0 Corner mitt tO'frorrr Street cornerand cut at 45 degree angle OProminent architectural element within 20'of the comer of the building 0 Special paving patterns,street fumi shings,and plantings near front door E. Assure building quality, permanence, and durability. 1. Purpose. Use building materials that evoke a sense of permanence and are compatible with Downtown Tigard and the surrounding built and natural environment. 2. Standard. 1. Building materials. a--The following exterior building materials or finishes are prohibited: Tigard Downtown Plan District 18.650-28 Code Update: 12/18 Commentary Chapter 18.650 Tigard Downtown Plan District M. Vinyl siding; T-111 or similar sheet materials; Plain concrete block(not including split faced,colored, or other block designs that mimic stone, brick, or other masonry); foundation material may be skim-coated concrete block where the foundation material is not revealed for more than 2 feet;and div.Mirrored glass. F. Open space and public plaza. 1.Purpose.Intent: Assure adequate public,private, and shared outdoor space. 2. Standards. a4-. Mixed use and Nonresidential and mixed-use buildings without a residential componentcommercial developments greater than 60,000 square feet. La. Developments with site areas greater than 60,000 square feet must include at least I public space with a minimum size of 600 square feet. Public spaces must be abutted on at least 2 sides by retail shops, restaurants,.or services with windows entrances fronting on the space. b2. Residential and mixed-use buildings with a residential components ' . . ..' . ia. Private outdoor space. For all residential-only buildings and mixed-use buildings with more than 4 residential units,private open space, such as a private porch, a deck,a balcony, a patio, an atrium,or other outdoor private area,must be provided. f +- An average of 28 square feet of private open space must be provided per unit in a development. Obi, In order to be counted toward the open space average, the private open space provided to each unit must be a minimum of 32 square feet, with a minimum depth of 4 feet. TA-4i, The private open space provided must be contiguous with the unit. QLi'vBalconies used for entrances or exits are not considered as open space except where such exits or entrances are for the sole use of the unit. LE1 Balconies may project up to a maximum of 4 feet into the public right-of-way. iia. Shared outdoor space for mixed-use buildings with residential units and apartment developments. In addition to the required private outdoor space, apartments and mixed-use buildings with more than 4 residential units must provide shared open space (for example, courtyards, roof decks, gardens, play areas, outdoor recreation facilities, indoor recreation Tigard Downtown Plan District 18.650-29 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District This was moved to the additional standards for rowhouses section below. This section was moved from the former connectivity section. room, or similar space) that is equal to or greater than 10 percent of the development site, except as follows: !'mak Credit for private open space. Up to 50 percent of the shared open space standard may be met by providing additional private open space, such as balconies, porches: and patios in addition to what is required in Subparagraph 18.650.06-70.F.2.a. Credit for proximity to a park. A shared open space credit of 50 percent may be granted when an apartment development is directly adjacent to an improved public park. Credit for up to 100 percent of the shared open space standard may be met by paying a fee-in-lieu. The fee will fund parks or plazas within the downtown urban renewal district. G. Additional requirements for rowhouses. -. . . . .. . . - . , 1. Garages and carports must be accessed from alleys, or otherwise recessed behind the front building elevation a distance of 7 feet or less or 18 feet or greater. 2. A minimum of 100 square feet of private open space such as a private porch, yard, a deck, a balcony, a patio, or other outdoor private area is required per unit. (Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.650.070 Transportation Connectivity A. Purpose. The purpose of this section is to implement the City of Tigard 2035 Transportation System Plan, which describes a more complete system of streets and pathways to improve multi- modal access to, from, and within the downtown mixed-use central business district. The standards in this section are intended to execute connectivity improvement projects that will foster creation of smaller block sizes, efficient routes into and within downtown, and new streets to accommodate and encourage downtown development. The standards are also intended to solve some existing connectivity issues,such as access across railroad tracks. B. Applicability. The connectivity standards in this section apply only to those properties with designated streets or alleys as shown on Figures 5-14A through 5-141 of the City of Tigard 2035 Transportation System Plan. Development on properties with designated streets or alleys is subject to the connectivity requirements below. C. Required new street and alley connections. Required new street and alley connections must be provided as follows. I. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor, the applicant must comply with the following: Tigard Downtown Plan District 18.650-30 Code Update: 12/18 Commentary Chapter 18.650 Tigard Downtown Plan District This language is not needed as it is covered in applicability. a. The applicant must dedicate the amount of right-of-way necessary to construct the required street or alley consistent with the designated street cross-section.As an alternative, the City Engineer may approve the dedication of a public easement in lieu of a portion of the public right-of-way in compliance with Subsection 18.910.030.C. b. The applicant must construct the full street or alley improvements as shown in the designated street cross-section. 2. For projects other than new development and major redevelopment, the applicant must comply with the following: a. New buildings may not be located within the area identified as future street or alley alignment. Surface parking, landscaping, temporary structures, driveways, and similar types of development are allowed within the future alignment. b. The property owner must sign a non-remonstrance agreement for formation of a future LID to pay for the identified street or alley improvement. D. Required new pedestrian pathway. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor that is within the area designated for required multi-use pathway, the applicant must provide multi-use pathway on public easements or rights-of-way through the block in a manner that ensures that connections through the block are provided at least every 330 feet. The required pathway must provide direct connection through the block and be subject to the requirements of Section 18.910.110. E. Replacement of destroyed structures. Replacement of a pre-existing structure that is destroyed by fire, earthquake, or other natural disaster, is not considered a major redevelopment for the purposes of Subsections 18.650.060.0 and D. F. Improvement standards. All improvements required under this section must meet the standards of Chapter 18.910,Improvement Standards. I I ' I Applications must conform to all applicable standards in the following chapters: • . . . B. Chapter 18.'420, Landscaping and Screening. E. Chapter 18.510, Sensitive Lands. F. Chapter 18.910, Improvement Standards. :.• . . _ _ Tigard Downtown Plan District 18.650-31 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District These special standards are no longer needed for the downtown urban plaza area. The existing exceptions granted by the Director did not have an associated procedure for requesting the exception.They have been rewritten to use the downtown-specific adjustment process. In general,they have been rewritten to favor affordable housing developments and other needed civic uses. The approval criteria for the setback adjustment were rewritten to mirror those of the adjustments granted in the Tigard Triangle. H Chapter 18.930,Vision Clearance Areas. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Renewal Plan. Developments on the lots that directly abut the location of the new plaza will be expected to be in keeping with the character of the plaza.New development that is built concurrently or subsequent to the construction of the plaza will need to conform to the following standards (in addition to the other applicable standards in this chapter): B. No parking lot may abut the plaza. C. The buildings must follow the building and site design and development standards for commercial and mixed use buildings in the Main Street sub area. (Ord. 18-23 §2; Ord. 17-22 §2) 18.650.100 Specific Adiustments A. Adjustmentss to setbacks. The Director may grant an exception to Required setbacks may be reduced or increased up to 20 percent provided the change will resultbased on findings that the approval will result in one or more of the following: 1. An exception that is not greater than 20 percent of the required setback; 2. No adverse effect to adjoining properties in terms of light,noise levels and fire hazard; 3. Safe vehicular and pedestrian access to the site and on site; 1. Enhancements to the pedestrian environment along the proposed development's street frontage, including but not limited to the following: a. Plaza development, b. Tree preservation, c Pedestrian amenities in the public right-of-way, or d. Pedestrian-oriented building facade design elements;or 1. A more efficient use of the site that would result in more landscaping; and 2-5. The preservation of natural features for public use or benefi -- . •• •• . .. - • • overall design of the development. B. Adiustments€xceptiens to parking. -- `• - - • . . - . •-• .. -- Minimum off-street parking dimensional and minimum number of space requirements may be waived or reduced in the applicable subarea when one or more ofbascd on the following are met: 1. The proposedapplication is for a use designed for a specific purpose that is intended to be permanent in nature and has a clear public benefit, e.g., (for example, affordable or senior citizen housingl and has a demonstrated low demand for off street parking; Tigard Downtown Plan District 18.650-32 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The shared parking provision is already accounted for without any kind of waiver in the parking chapter. These adjustments have been added to allow qualifying affordable housing developments to utilize land most efficiently. Affordable homeownership units have been included as well. . - ' . .... . . . .. •g and there is - . -- . .. - 23. The proposed waiver or reduction will result There is community interest in the preservation of particular existing natural features on the site for public use or benefit, public transportation is C. Adjustments ons for private or shared outdoor area. The Director may grant an exception or deduction to the Private outdoor area and shared outdoor recreation areas requirements_may be waivedor reduced. .•. - - - •.• • •- - . . - - •_ - - . .. ._ •. reduced demand for a private outdoor recreational area based on any when one or more of the following are met: 1. The proposed use is permanent in nature and has a clear public benefit (for example, affordable or senior housing) and has a demonstrated low demand for off street parking;The development operates a motor vehicle that is available on a regular basis to transport residents of the development to public open space or recreation areas; or 2. The required total square footage of either the private outdoor areas andor the shared outdoor recreation areas may be reduced if together the 2 areas equals or exceeds the combined standard for both. D. E pf to 1 nd pe-ar a. The Director may grant an exception to the landscape area standards of this title, upon finding that the overall landscape plan provides for at I st 20 percent of the gross site to be landscaped. D. Adjustments to density and height. Qualified affordable housing developments are eligible for both density and height bonuses. 1. Definitions. For the purposes of this section, "affordable"means either: a. Housing for rent where the rent and utility costs constitute no more than 30 percent of the gross annual household income for a family at 80 percent of the area median income, based on the most recent Housing and Urban Development (HUD) income limits for the Portland-Vancouver Metropolitan Statistical Area(MSA);or b. Housing for sale where the mortgage, amortized interest, taxes, insurance, and condominium or association fees, if any, constitute no more than 30 percent of the gross annual household income for a family at 80 percent of the area median income, based on the most recent HUD incomes limits for the Portland-Vancouver MSA. 2. Approval Criteria. To qualify for a density or height bonus, a development must meet the following: a. The development meets the threshold for the requested bonus: i. A height bonus of an additional 20 ft over the maximum height is allowed for any development where a minimum of 20 percent of the units are affordable. Tigard Downtown Plan District 18.650-33 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District All development receiving a density or height bonus must be affordable for the life of the development. This is because changes to density and height are permanent as long as the structure remains. ii. A density bonus is allowed for any development based on the criteria in Table 18.650.2. b. The approval has been conditioned on the recording of deed restriction that prohibits the sale or rental of any affordable unit used to meet the standard of Paragraph 18.650.100.E.3, except as housing that meets that standard,for the life of the development. Table 18.6511.2 Density Bonuses Affordable Units Based on Maximum Density Density Bonus 5% 5% 10% 10% 20% 20% 30% 30% 40% 40% 50% 50% _(Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Tigard Downtown Plan District 18.650-34 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District All of the former Track 3 criteria were removed because they are already covered in the intent statements of the building design standards, and the images were removed because they do not add clarity. 1 . • . ■ • . .. ' •I . A. App]' b'1'ty. All development using the Track 3 approval process must demonstrate compliance with the design objectives in Subsection 18.650.110.C. The development must also meet the development standards provided in Table 18.650.1. B. Approval criteria. site and building plan meets the intent statements of the design objectives. 2. The approval authority will make findings that the intent of the design objective has been met. 3. Applications using the Track 3 approval process must demonstrate compliance with the development standards provided in Section 18.650.050 and Table 18.650.1. 1. Concurrently or after approval, the application will be reviewed for compliance with the other applicable chapters, as provided in Section 18.650.080. C. D •gn bicctives. Each design objective has an intent statement followed by photographs of development exemplifying the objective. 1. Create vibrant streetscapes and rights of way; provide weather protection; and promote safety and security. Intent. Foster vibrant.. inviting streetscapes and sidewalk facing ground floors and entrances. Create buildings that arc easily accessible to and provide protection from the elements for pedestrians. Ensure that the ground floor promotes a sense of interaction between activities in the - . . ' - -- ..- ' - lm. Building and site design should also address crime prevention through defensible spaces, lighting, and features that allow observation and "eyes on the street." :t • 1- tip f _ VI -r - k ., • ).,,,, . .. ,-4- 7 .. , 1 %� zt , . 4 ffI iEs .sj - w rla V� s gei �� fF i r- _ 42- ,_ Tigard Downtown Plan District 18.650-35 Code Update: 12/18 Commentary Chapter 18.650 Tigard Downtown Plan District 2. Create cohesive architectural facades. Intent. Build and expand upon downtown Tigard's architectural character by incorporating downtown. • ►' _� _ 11 II IIIIIII311' ,4A. . --, .:7.1 i ...i 4, r, ' r � F }��11 ,, ti HI lE 'Y 1 Ai Si facades and roofs. Tigard Downtown Plan District 18.650-36 Code Update: 12/18 Commentary Chapter 18.650 Tigard Downtown Plan District III i { '"'rt t' NI I it : ''III 11:lin �e ; ,' , 1tl 41 It Il' i! ! t , . Th/1IillF1fl[ii I. 1� tll { 1 1 i llni=• lila 1_,- .4 I : ." 11,17, is- ' 1. t I b., i f 4 ;$:',2' �, D- i Itl Intent. Create a strong architectural statement at street corners to create a strong identity and Tigard Downtown Plan District 18.650-37 Code Update: 12/18 Commentary Chapter 18.650 Tigard Downtown Plan District --\\ II Is' i 4 'sat l_ '� Jib. s ': �r y. f : . P. iii q 5. Assure building quality, permanence, and durability. Intent. Use building materials that evoke a sense of permanence and durability and are compatible with downtown Tigard and the surrounding built environment. Windows, doors, roofs, and weather protection are an integral part of the building design. 401-41 ,74,77 4.. ,,, _ i iliiiIL!!.. MS 6. Provide adequate outdoor spaces. Intent. Assure new residential units have adequate private and shared outdoor space. (Ord. 18 23 .§2; Ord. 17 22 §2) Tigard Downtown Plan District 18.650-38 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The signs section was not needed, since it simply points to the signs chapter. The off-street parking and loading section was combined with the parking requirements of the development standards section. 18.650.120 Signs .. : D - .. •- : ' . . Subsection 18.135.130,G.(Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) t • A, All apartment developments must provide a minimum of 1 parking space per unit. Adequate provisions for barrier free parking must be provided as required by the state building code. Visitor .. . . .. - ..' .. . - :•. - • .. ••- .. ..... . - feet deep. Existing parking may be converted to take advanta Tigard Downtown Plan District 18.650-39 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The map was updated. Map 18.650.AB: Tigard Downtown Plan District Boundaries Tigard Downtown Plan District giCity of Tigard 21 El Plan Diaanct Boundary 0 16 Tigard Gay Boundary • li_ • I; I • 0 trdl SW I 000 as ...I • lPip I al .1 11, • •i • LT .7 — 1 i - ' I Z(s.t,, 8 • k,411 LE-1 . • ''' •# 4,4 1--, iiilin ; 1 I ' .11• 411,1" Wir Ilr IP • ,•.** As***4 , 7,1/ Ail i 411, tkiift _ 4.T.• * 4P47,1 ,4,0 ••.44414.46....v.7Q „ plk _ Apil , 444# , -J Illar . \ V4 111.11P m.... 4449, 4 *I 4,4111•‘ re. '- , .., i # .irigop ,* * 111111/ V*11.10, a i '41114 • p 4..4. . . . , .... .„,.. \„. . I i P' # " 4•044 % 1 • le ' * iikigaV' s.. I • Ilikl(H/ > 1 / ta Oil 16,41411* NI INF; t a '' I I 03 p sit;o4. duhmink 1--,_i_innift q_i__ < . , ------- , Tigard Downtown Plan District 18.650-40 Code Update:12/18 Commentary Chapter 18.650 Tigard Downtown Plan District ,......,_„ ,...._,,,1 ,___.. N .. .„. Tigard Downtown Plan Distict ! •U MI` Boundary Map 'II iii k t RP MI CI Ti rdDowntown Plan District mEl ,1 PP 011...d.i* - 110 �k�R owl V I: II I N f: r:�rx� i410401" s f� car a Ilk y` MI A %,4po 4 �M ,:•,(i,`1�'J 4. ♦ g� CC e, 4 11:4 ,,t!%It° 4''' 41 1".. II. li I4.4Ir. pa r O GORDFN w * G ,ar �' i a w �NroHx '`b.1,441 ■ 11.11111111,Aii, 41111 4# (... RPS' �`P r . re, Mgr 14,..., 4 i‘ ** %,c• S 1111 * a • N— ,0 %Ij 4, '''' i" -.4. iit a.,,f♦ �p� �? 410, r 0 4 4.4.40 ',./;.,,, ,,,..... tAiii,' ' "i SI, N # 0,,,,,,o, 4 lir 14404 �s r ,i'-#"7:''' # 0,0 lIIII 4 1 #,��rbr d C ++ ? Illirri4e1114:11/4,111111.irej it •all'Cl dosalb,kik 2 ..,,,, . ... .L..... , W yi °r4:4 9llIL I dillL •a...,�� ♦4.�. 11114 ►r': a '.�I:1'7�L u QktG ST 111111 MOM. J. i � . Map 18.650.B: Tigard Downtown Plan District Sub-Areas Tigard Downtown Plan District 18.650-41 Code Update: 12/18 Commentary Chapter 18.650 Tigard Downtown Plan District The sub-areas map was moved and updated. Tigard Downtown Plan Distict al�nua,ma m #� 111 Subarea Map ju :n► 1 ` M 1 �s s��s In Tigard Downtown Plan District �` :: I mi Subarea Name M Main-Center I �a 99W-Hall • `> ��a = T'1 �RtA 1M94 scoffins-Commercial k > �'t� c 91 AIO Fanno-Burnham #�4 ,. s Adh. :; Station 11 Area Overlay �is� 4 � • +. 3 C.r8, •- J:J' `` • 4;:.. Y3yit, 400,00''''''''N ii•:.♦ir r Nil, r .�e:15.k--AN r. t♦{ yc 7, •.• �•{4.♦. t G��` �P� •• 4♦• • ♦♦ ♦5 ♦ i• '.=fir •ti 4t1 • • •..••••i•{• • .•.♦•.♦•{•• b •.{••i•• .,•••:••. •♦•♦•• ♦��r ♦ .•• ♦ • •:: ' �' ! T 111110/. ••:•* *••••••. - ••:•, +.�i �S• • {•••... X. ***••• .. ........ ...... A. r te&41 W: ''' ' - I._61,..; t a „,,,,Y. ♦ Alio /sirs r a °u di 1 J (Ord. 18-23 §2;Ord. 17-22 §2)■ Tigard Downtown Plan District 18.650-42 Code Update:12/18 Chapter 1$.550 Clean Chapter 18.650 TIGARD DOWNTOWN PLAN DISTRICT Sections: 18.650.010 Purpose 18.650.020 Applicability 18.650.030 Approval Process 18.650.040 Approval Criteria 18.650.050 Development Standards 18.650.060 Design Standards 18.650.070 Transportation Connectivity 18.650.080 Specific Adjustments 18.650.010 Purpose A. Purpose. The purpose of this chapter is to implement the comprehensive plan, Tigard Downtown Improvement Plan, and urban renewal plan and ensure the quality, attractiveness, and special character of the downtown plan district,as shown on Map 18.650.A.The regulations are intended to: 1. Facilitate the development of an urban village by promoting the development of a higher density, economically viable, and aesthetically pleasing pedestrian-oriented downtown where people can live,work,play, and shop for their daily needs without relying on the automobile.The quality and scale of the downtown urban environment will foster social interaction and community celebration. 2. Encourage the integration of natural features and the open space system into downtown by promoting development sensitive to natural resource protection and enhancement; addressing the relationship to Fanno Creek Park; and promoting opportunities for the creation of public art and use of sustainable design. 3. Enhance the street level as an inviting place for pedestrians by guiding the design of the buildings that frame the right-of-way (the public realm) to contribute to a safe, high quality pedestrian- oriented streetscape. Building features will be visually interesting and human-scaled, such as storefront windows, detailed facades, art, and landscaping. The impact of parking on the pedestrian system will also be limited. The downtown streetscape will be developed at a human scale and closely connected to the natural environment through linkages to Fanno Creek open space and design attention to trees and landscapes. 4. Promote Tigard's downtown as a desirable place to live and do business. Promote development of high-quality high-density housing and employment opportunities in the downtown. 5. Provide a clear and concise guide for developers and builders by employing greater use of graphics to explain community goals and desired urban form to applicants, residents and administrators. B. Sub-areas. The four sub-areas located on Map 18.650.B and described below have different development standards in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor. The purpose of this sub-area is to create a pulse- point along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, the area has the high traffic and visibility to draw potential retail customers from the region. The Tigard Downtown Plan District 18.650-1 Code Update:12/18 area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the first story of buildings. It allows development of mixed-use and retail buildings that vary in scale from 1-story retail-only buildings to mixed-use buildings up to 45 feet tall with retail on the first story and residential or Office uses above. 2. Main Street-Center Street. The purpose of this sub-area is to create pedestrian-oriented, smaller scale development centered on the city's historic downtown Main Street. The pedestrian environment is improved with continuous building facades broken only intermittently. New buildings in the sub-area must include commercial storefront features on the first story. Residential and commercial uses are allowed on upper stories. 3. Scoffins Street - Commercial Street. The purpose of this sub-area to provide an opportunity for higher-density residential as well as an employment base comprised of civic, office, and commercial uses in the areas of Commercial Street and Scoffins. Residential-only buildings, commercial buildings, and mixed-use developments are allowed. 4. Fanno - Burnham Street. The purpose of this sub-area is to provide an opportunity for medium- scale residential or mixed-use development. Compatible mixed uses (live-work, convenience retail, office, and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high-quality residential environment with views and access to the natural amenity of Fanno Creek Park. (Ord. 18-28 §1;Ord. 18-23 §2;Ord. 17-22 §2) 18.650.020 Applicability A. Applicability. The regulations of this chapter apply to the Tigard Downtown Plan District in addition to all other applicable regulations of this title. The boundaries of the plan district are shown on Map 18.650.A,which is located at the end of this chapter,and on the official zoning map. 1. New buildings.All use, development, and design standards of this chapter apply to new buildings and related site improvements. 2. Pre-existing uses and development. Pre-existing land uses and associated development that were lawfully established prior to the effective date of this chapter are treated as lawful or approved uses and developments,subject to the following: a. Modifications associated with lawfully established pre-existing uses and structures are allowed, provided the modifications meet or move the nonconforming use or structure toward compliance with all applicable standards, except that single detached houses used for residential purposes that were lawfully established prior to the effective date of this chapter are exempt from the design standards of this chapter. b. If a structure containing a pre-existing use is accidentally destroyed, or the use is otherwise abandoned, then the use will retain its pre-existing status under this provision provided it is substantially reestablished within 1 year of the date of the loss.Any new structures containing the use must comply with the provisions of this title. c. Existing nonconforming industrial structures at the following locations may continue to be utilized for I-P industrial uses after the nonconforming use limit of 6 months: 2S102AA04700, 2S102AC00100, 2S102AC00202, 2S102AD01203, 2S102DB00100, and 2S 102DA00300. Tigard Downtown Plan District 18.650-2 Code Update:12/18 B. Conflicting standards. With the exception of public facility requirements, the requirements in this chapter govern in the event of a conflict. C. Exemptions. The following are exempt from the downtown development review procedures of this chapter,but must comply with all standards: 1. Maintenance or repair of a building, structure, or site in a manner that is consistent with previous approvals or necessary for safety; 2. Projects undertaken to bring an existing development into compliance with applicable federal and state accessibility regulations; 3. Any modification to the exterior of a building that does not require a building permit; 4. Interior remodeling not associated with a change of use; 5. Temporary structures or temporary uses as defined in Chapter 18.440,Temporary Uses; 6. Any development involving a pre-existing single detached house that is not being converted to a nonresidential use or that has previously been converted to a nonresidential use; 7. Any change of use and associated interior remodeling on a property that is in the Main Street subarea; or 8. Any change to windows, doors, awnings, or other similar exterior elements on facades that are not street-facing. (Ord. 18-23 §2; Ord. 17-22 §2) 18.650.030 Approval Process A. Procedures. 1. Type I downtown development review. Downtown development review applications for development or modifications that meet the thresholds of Paragraph 18.650.030.B.1 are processed through a Type I procedure, as provided in Section 18.710.050, using the approval criteria in Subsection 18.650.040.A. 2. Type II downtown development review. Downtown development review applications for development or modifications that meet the thresholds of Paragraph 18.650.030.B.2 are processed through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Subsection I8.650.040.B. 3. Downtown adjustment. Downtown adjustment applications are processed concurrently with a downtown development review, through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Subsection I 8.650.040.C. There are two types of downtown adjustments: a. Adjustments to the design standards of Section 18.650.060,and b. Specific adjustments allowed by Section 18.650.080. Tigard Downtown Plan District 18.650-3 Code Update:12/18 B. Review Thresholds. If a proposed development or modification is unlisted,the Director will determine the most appropriate review type. This determination is the final local decision and will favor the review type that provides the most appropriate public notice and opportunity for public comment. 1. Type I downtown development review. A Type I downtown development review is required for the following: a. Addition, elimination, or change in location of windows that does not decrease the window coverage on a street-facing facade below the minimum required; b. Addition, elimination, or change in location of entrances and loading doors on a street- facing facade; c. Addition of new and change to existing awnings, canopies, and other mounted structures on an existing street-facing facade; d. For commercial and mixed-use developments, modification of up to 15 percent on-site landscaping with no reduction in required landscaping. Modification refers to changing the hardscape elements and the location of required landscape areas or trees; e. Modification of off-street parking with no reduction in parking spaces or increase in paved area; f. Addition of new fences,retaining walls, or both; g. An increase in the height of a building of less than 20 percent; h. A change in the type and location of access ways and parking areas where off-site traffic would not be affected; i. An increase in the floor area proposed for a nonresidential use by less than 10 percent or under 5,000 square feet; j. A reduction in the area reserved for common open space or usable open space, which does not reduce the open space area below the minimum required by this title or reduces the open space area by less than 10 percent;or k. Any modification that requires additional parking. 2. Type II downtown development review. A Type II downtown development review is required for the following: a. All new development; b. A change in the type of commercial or industrial structures as defined by the state building code; c. An increase in the height of the building by more than 20 percent; d. A change in the type and location of access ways and parking areas where off-site traffic would be affected; Tigard Downtown Plan District 18.650-4 Code Update:12/18 e. An increase in the floor area proposed for a nonresidential use by more than 10 percent excluding expansions under 5,000 square feet; or f. A reduction in the area reserved for common open space or usable open space, which reduces the open space area below the minimum required by this title or reduces the open space area by more than 10 percent. C. Approval period and extensions. Expirations and extensions of approvals are provided in Subsection 18.20.040.G.(Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.650.040 Approval Criteria A. Type I downtown development review. The approval authority will approve or approve with conditions an application for Type I downtown development review when the following are met: 1. The modification does not cause the development to go out of conformance with any applicable standard of this chapter or further out of conformance if already nonconforming, except where an adjustment has been approved; and 2. The modification complies with all other applicable standards of this title. B. Type II downtown development review. The approval authority will approve or approve with conditions an application for Type II downtown development review when the following are met: 1. For new development, the proposed uses and structures comply with all applicable standards of this chapter and title; or 2. For modifications, the modification does not cause the development to go out of conformance with any applicable standard of this chapter or further out of conformance if already nonconforming,except where an adjustment has been approved;and 3. The proposed modification complies with all other applicable standards of this title. C. Downtown adjustment.The approval authority will approve or approve with conditions an application for a downtown adjustment when either: 1. The design adjustment will result in development that equally or better meets the purpose of the standard in Section 18.650.060 that is being modified,or 2. The specific adjustment is allowed by Section 18.650.080 and complies with the approval criteria provided for that adjustment. 18.650.050 Development Standards A. Development Standards. Development standards are provided in Table 18.650.1. Table 18.650.1 Development Standards Standard Sub-Areas Tigard Downtown Plan District 18.650-5 Code Update:12/18 Main Street 99W/Hall Scoffins/Commercial Fanno/Burnham (MS Corridor(99H) (SC) (FB) Minimum Lot Size None None None None Minimum Lot Width None None None None Minimum Setbacks 0/5 ft. -Front 0 ft. (5 ft. for frontage 0 ft. 0 ft. on 99W) -Street side 0 ft. 0 ft. 0 ft. 0 ft. -Side Oft. Oft. Oft. Oft. -Rear 0 ft. 5 ft. 5 ft. 5 ft. Maximum Setbacks -Front 10 ft. 25 ft. 20 ft. 20 ft. -Street side 10 ft. None None None Building Height -Minimum 20 ft. 20 ft. 20 ft. 20 ft. -Maximum [1] 80 ft. 45 ft. 80 ft. 80 ft. [2] -First stofy minimum 15 ft. 15 ft. None None Maximum Lot Coverage 100% 90% 90% 80% Minimum Landscape Area 0% 10% 10% 20% [3] Minimum Building 50% 50% 50% 50% Frontage Residential Density(units per acre) -Minimum [4] 25 25 25 15 -Maximum [1] 50 50 50 [5] 50 [5] [1] See Subsection 18.650.080.D. [2] 45 feet within 200 feet of Fanno Creek Park boundary(see Map 18.650.B)or within 50 feet of the R- 1 through R-12 zones. [3] In the MU-CBD zone,required landscaping mayeaft be provided on roofs or within the abutting right- of-way where the applicant is required to provide landscaping as part of a street improvement in compliance with Section 18.650.0760. [4] Minimum density applies to residential-only development(not mixed-use). [5] Maximum density in the station area overlay is 80 units per acre(see Map 18.650.B). B. Parking. 1. Parking areas must be located on the side or rear of newly constructed buildings. If located on the side,the parking area may not exceed 50 percent of the total frontage of the site. 2. Parking areas must be set back a minimum of 10 feet from a street property line. 3. When abutting a public right-of-way,pedestrian paths and trails in a public easement, or a public park,parking areas must be screened to the S-4 standard as provided in Table 18.420.2. Tigard Downtown Plan District 18.650-6 Code Update:12/18 4. Where a parking area shares a property line with an adjacent parking area, landscaping is not required along the shared property line. 5. All apartment developments must provide a minimum of 1 parking space per unit. Adequate provisions for barrier-free parking must be provided as required by the state building code. Visitor parking spaces are not required. Adjustments to the bicycle parking requirements are prohibited. 6. For all other uses,the minimum off-street vehicle parking requirements are 75 percent of the total computed from Table 18.410.3.Adjustments to the bicycle parking requirements are prohibited. 7. No parking is required for new commercial development up to 20,000 square feet in the Main Street-Center sub-area except that any apartments must provide a minimum of 1 parking space per unit. 8. When calculating the total minimum number of vehicle parking spaces required in Table 18.410.3, fractional space requirements are rounded down to the nearest whole consecutive number. 9. Motorcycle or scooter parking may substitute for up to 5 required parking spaces or 5 percent of the total parking requirement,whichever is less.For every 4 motorcycle or scooter parking spaces provided,the automobile parking requirement is reduced by 1 space. Each motorcycle space must be at least 4 feet wide and 8 feet deep. Existing parking may be converted to take advantage of this provision. Figure 18.650.1 Parking Location 090 90 0 000 00 0;010100 1000 00.0 000*00000000.00 o I 0 ° o i o o 0 e :100 e 0 o I o o I e O • o 0 n 0 o a 0 0 0 $ 0 0 3n 0 0 0 0 Cr,0 O�fDf. • 0-0 0 O 00— f1 ' O_ ©Parking onthe side orrear ofbuildings 01-1 landscape standard 0 May.50%of site frontage 0 LOndsope not required along shared Prop_line ®Min.sosetback 0See Cb.1&7451or screening and lands dPing Melleemems C. Rooftop features and equipment screening. 1. The following rooftop equipment does not require screening: a. Solar panels,wind generators, and green roof features; Tigard Downtown Plan District 18.650-7 Code Update:12/18 b. Equipment under 2 feet in height. 2. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. 3. Satellite dishes and other communications equipment are limited to a maximum of 10 feet in height and must be set back a minimum of 5 feet from the roof edge and screened from public view to the extent practicable. 4. All other roof-mounted mechanical equipment is limited to a maximum of 10 feet in height and must be set back a minimum of 5 feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; or b. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. D. Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes, etc.)must be screened from public right-of-way, pedestrian paths in a public easement, public parks,public spaces, and parking areas by one or more of the following: 1. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry;or 2. Dense evergreen landscaping that provides an opaque barrier. All landscaping used for this purpose must be regularly maintained. (Ord. 18-28 §1; Ord. 18-23 §2;Ord. 17-22 §2) E. Fences. All fences must comply with the standards of 18.310.020. Barbed or razor wire fences are prohibited. 18.650.060 Design Standards A. Create vibrant first stories, streetscapes, and rights-of-way; provide weather protection; and promote safety and security. 1. Purpose. Design standards in this section are intended to foster vibrant, inviting streetscapes and sidewalk-facing first stories and entrances. They are also intended to create buildings that are easily accessible to and provide protection from the elements for pedestrians. They also will help ensure that the first story promotes a sense of interaction between activities in the building and activities in the public realm. Building and site design should also address crime prevention through defensible spaces, lighting, and features that allow observation and eyes on the street. Windows, doors, and weather protection are an integral part of the building design. 2. Standards. a. Street facade. Street-facing facades must be built in proximity to the street. This standard is met when at least 50 percent of the first story front building elevation is located no further from the front property line than the maximum front setback standard provided in Table Tigard Downtown Plan District 18.650-8 Code Update:12/18 18.650.1; and, where maximum street-facing side setbacks are required within the Main Street sub-area, at least 50 percent of the first story street-facing side building elevation is located no further from the street-facing side property line than the maximum street-facing side setback standard provided in Table 18.650.1. b. Primary entrances. i. Nonresidential and mixed-use buildings. (A)At least 1 entrance is required for each business with a first story frontage. (B)Each entrance must be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. (C)All primary first story common entrances must be oriented to the street or a public space directly facing the street,not to the interior or to a parking lot. ii. Residential buildings. (A)The primary public entrance to each building unit must be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. (B) All primary first story common entrances of apartment buildings and individual unit entrances of rowhouses that front the street must be oriented to the street or public right-of-way,not to the interior or to a parking lot. c. Windows. Minimum window coverage includes any glazed portions of doors. i. Nonresidential and mixed-use buildings. (A)The minimum window area of first story street-facing facades is 60 percent. (B)First story windows must have a visible transmittance(VT)of 0.6 or higher,with the exception of medical and dental offices,which may have tinted windows. ii. Residential buildings. The minimum window area of first story street-facing facades is 30 percent. iii. Upper floor windows for all buildings. (A)The minimum window area of street-facing facades above a first story is 30 percent, except on top stories that include sloped roofs and dormer windows. (B) The minimum ratio of vertical to horizontal dimensions for windows on a street- facing facade above a first story is 1.5:1). iv. Window shadowing for all buildings. Windows must be recessed 3 inches into the facade. Nonresidential and mixed-use buildings may instead incorporate trim of a contrasting material or color. Tigard Downtown Plan District 18.650-9 Code Update:12/18 d. Weather protection.For nonresidential and mixed-use buildings: i. A projecting facade element (awning, canopy, arcade, or marquee) is required on the street-facing facade of the street with the highest functional classification. ii. Awnings, marquees, and canopies must project a minimum of 3 feet from the facade and may project a maximum of 6 feet into the public right-of-way or the minimum sidewalk width along the building frontage, whichever is less. Any element that projects into the right-of-way is subject to approval by the City Engineer. iii. Marquees must have a minimum 10-foot clearance from the bottom of the marquee to the sidewalk. Awnings and canopies must have a minimum 8-foot clearance from the bottom of the awning or canopy to the sidewalk. iv. Awnings must match the width of storefronts or window openings. v. Internally lit awnings are not allowed. vi. Awnings must be made of glass,metal,or exterior grade fabric(or a combination of these materials). Tigard Downtown Plan District 18.650-10 Code Update:12/18 Figure 18.650.2 Figure 18.650.3 Residential Buildings Nonresidential and Mixed-use Buildings Property Line Property Line Development Site Right-of-way Development Site _ Right-of-way L�l ,„, A 8 j I 1 1 1 , ASB '- L fia 0 A , . i . .._r 0 i B _ D • �� a A E 1 ,_ i 1 1 _.71. 1 ap. -T- NOE pi. lig t ' Li_ ' -_ Ili F - ,L-----RIR Iiiiill AR 1 1 , ISZEIMMIlli - J 0Primary entry door oriented to street or public space 0 Entrance is covered and/or recessed behind facade 0 Primary entry doors oriented to street or public space 0 Min 3';Max 6'projection 0 Entrance is covered and/or recessed behind facade 0 Max 4'balcony/deck projection 0i Max 4'balcony/deck projection 0 Min 10'clearance Min 10'clearance ► e Min 6096wind ays Min 3096windows Min 3096windows Upper windows vertically oriented Q Upper windows vertically oriented B. Cohesive architectural facade standards. Tigard Downtown Plan District 18.650-11 Code Update: 12/18 1. Purpose. Build and expand upon downtown Tigard's architectural character by incorporating cohesive and repetitive architectural elements into the ground floor of street-facing facades. Relate to the horizontal facade articulation and massing of surrounding development or utilize building and site design elements that connect Fanno Creek Park or extend natural elements to the downtown. 2. Standard. Divide the street-facing ground floor of nonresidential and mixed-use storefronts into distinct architectural bays that are no more than 30 feet on center. For the purpose of this standard, an architectural bay is defined as the zone between the outside edges of an engaged column,pilaster,post, or vertical wall area. Figure 18.650.4 Architectural Bays .r.>„ ,...ter... . I l I _ 1 1 _ . II 0 Il IM E D !i i 1 11 j _._ —._... ---- -___. a ,,.... _ I ■ o d 1. 0 0 Archkectural bay 130max on center) °Building lighting ©Transom windows °Ground floor windowsill 0 Columnipilaster/post 10 Blade sign ©Sign band/storefront friem C. Integrated building facade standards. 1. Purpose. Build upon and improve downtown Tigard's architecture by creating an attractive and unified building facade that encourages ground floor activities and creates visually interesting facades and roofs. 2. Standards. a. Facades. i. Nonresidential and mixed-use buildings without residential component. Buildings 2 stories and above must have 3 clearly defined elements on the street-facing facade: a base (extends from the sidewalk to the bottom of the second story or the belt course that separates the ground floor from the middle of the building); a middle(distinguished from Tigard Downtown Plan District 18.650-12 Code Update:12/18 the top and base of the building by use of building elements); and a top (roof form or element at the uppermost portion of the facade that visually terminates the facade). Figure 18.650.5 Integrated Building Facade(Nonresidential Buildings) 1 ,4r r I rr_ I 1 1 1 , 1 :, ; ( I _ II _ 1 1 ©Base' 0 Boh coursehtring course 0,,..„,, ®Pro}acting comioe/parKet ®Top' ii. Residential and mixed-use buildings with a residential component. Each street-facing dwelling unit must include a porch or balcony that extends from the facade a minimum of 1 foot and a maximum of 4 feet. Figure 18.650.6 Integrated Building Facade(Residential and Mixed-use Buildings) _mile la_ r 121 VI hs .I�aeidr nr i&-,-.:;:. ®: 1 r - I [gainf . II�� o unit unit Ewa vStreet-facing bay willow 0 Street-facing porch ®Street-facingbakom 0 Trim required on roof-lines,porches,windows,and doors Tigard Downtown Plan District 18.650-13 Code Update:12/18 b. Roof forms. i. The roof form of a building must follow one(or a combination)of the following forms: (A)Flat roof with parapet or cornice; (B) Hip roof; (C) Gabled roof; (D)Full mansard roof; (E) Dormers;or (F) Shed roof. ii. All sloped roofs(other than full mansard roofs)have a minimum 5/12 pitch. iii. Sloped roofs must have eaves, exclusive of rain gutters,that project from the building wall at least 12 inches. iv. All flat roofs or those with a pitch of less than 5/12 must be architecturally treated or articulated with a parapet wall that projects vertically above the roof line at least 12 inches or a cornice that projects from the building face at least 6 inches. v. When an addition to an existing structure or a new structure is proposed in an existing nonresidential development, the roof forms for the new structures must have similar slope and be constructed of the same materials as the existing roof. Figure 18.650.7 Roof Forms Flat roof Hip roofGabled roof Full mowed roof Dormers Shed roof 0 li, IF , „..„ - .. 11 ,,,,.., , i I 11114 ill 1111 d 1}r•. ,.,� 7 D T/� p p D lill ill QParapet/cornice must project min.12'vertically 0 Eaves must project min.12'from face of building 0 Parapet/cornice must project min.6'from face of building 0 Min 5/12 pitch on sloped roofs D. Create street corners with strong identity. Tigard Downtown Plan District 18.650-14 Code Update: 12/18 1. Purpose. Create a strong architectural statement at street corners. Establish visual landmarks and enhance visual variety. 2. Standard. Nonresidential and mixed-use buildings at the corner of 2 public streets or a street and public area, park, or plaza (for the purposes of this standard an alley is not considered a public street)must incorporate one of the following features: a. The primary entrance to the building at the corner; b. A prominent architectural element, such as increased building height or massing, a cupola, a turret,or a pitched roof within 20 feet of the corner of the building; c. The corner of the building cut at a 45 degree angle,or a similar dimension rounded corner; or d. A combination of special paving materials, street furnishings or plantings near the front door. Figure 18.650.8 Street corner(Nonresidential and Mixed-use Buildings) 0143/11 III V- 4 Al 1 I b 1 111,111011 III' I 4 11•11 top II Du .1 0 Primary entry door to the balding!mated at corner Comer min 10'from meet comer and cut at 45 degree angle OProminent architectural element within Not the comer of the building SpecW paving patterns,meet furnishngs,and plantings near front door E. Assure building quality,permanence, and durability. 1. Purpose. Use building materials that evoke a sense of permanence and are compatible with Downtown Tigard and the surrounding built and natural environment. 2. Standard.The following exterior building materials or finishes are prohibited: a. Vinyl siding; b. T-111 or similar sheet materials; c. Plain concrete block(not including split faced, colored, or other block designs that mimic stone, brick, or other masonry); foundation material may be skim-coated concrete block where the foundation material is not revealed for more than 2 feet; and d. Mirrored glass. F. Open space and public plaza. 1. Purpose.Assure adequate public,private, and shared outdoor space. Tigard Downtown Plan District 18.650-15 Code Update:12/18 2. Standards. a. Nonresidential and mixed-use buildings without a residential component. i. Developments with site areas greater than 60,000 square feet must include at least 1 public space with a minimum size of 600 square feet. ii. Public spaces must be abutted on at least 2 sides by retail shops, restaurants, or services with window entrances fronting on the space. b. Residential and mixed-use buildings with a residential component. i. Private outdoor space. For all residential-only buildings and mixed-use buildings with more than 4 residential units, private open space, such as a private porch, a deck, a balcony,a patio,an atrium,or other outdoor private area,must be provided. (A)An average of 28 square feet of private open space must be provided per unit in a development. (B)In order to be counted toward the open space average, the private open space provided to each unit must be a minimum of 32 square feet,with a minimum depth of 4 feet. (C) The private open space provided must be contiguous with the unit. (D)Balconies used for entrances or exits are not considered as open space except where such exits or entrances are for the sole use of the unit. (E) Balconies may project up to a maximum of 4 feet into the public right-of-way. ii. Shared outdoor space for mixed-use buildings with residential units and apartment developments. In addition to the required private outdoor space, apartments and mixed- use buildings with more than 4 residential units must provide shared open space (for example, courtyards, roof decks, gardens, play areas, outdoor recreation facilities, indoor recreation room, or similar space) that is equal to or greater than 10 percent of the development site, except as follows: (A)Up to 50 percent of the shared open space standard may be met by providing additional private open space, such as balconies, porches, and patios in addition to what is required in Subparagraph 18.650.060.F.2.a. (B)A shared open space credit of 50 percent may be granted when an apartment development is directly adjacent to an improved public park. (C)Credit for up to 100 percent of the shared open space standard may be met by paying a fee-in-lieu. The fee will fund parks or plazas within the downtown urban renewal district. G. Additional requirements for rowhouses. Tigard Downtown Plan District 18.650-16 Code Update:12/18 1. Garages and carports must be accessed from alleys, or otherwise recessed behind the front building elevation a distance of 7 feet or less or 18 feet or greater. 2. A minimum of 100 square feet of private open space such as a private porch, yard, a deck, a balcony, a patio,or other outdoor private area is required per unit. (Ord. 18-23 §2;Ord. 17-25 §3; Ord. 17-22 §2) 18.650.070 Transportation Connectivity A. Purpose. The purpose of this section is to implement the City of Tigard 2035 Transportation System Plan,which describes a more complete system of streets and pathways to improve multi-modal access to, from, and within the downtown mixed-use central business district. The standards in this section are intended to execute connectivity improvement projects that will foster creation of smaller block sizes, efficient routes into and within downtown, and new streets to accommodate and encourage downtown development. The standards are also intended to solve some existing connectivity issues, such as access across railroad tracks. B. Applicability. The connectivity standards in this section apply only to those properties with designated streets or alleys as shown on Figures 5-14A through 5-14I of the City of Tigard 2035 Transportation System Plan. Development on properties with designated streets or alleys is subject to the connectivity requirements below. C. Required new street and alley connections. Required new street and alley connections must be provided as follows. 1. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor,the applicant must comply with the following: a. The applicant must dedicate the amount of right-of-way necessary to construct the required street or alley consistent with the designated street cross-section. As an alternative, the City Engineer may approve the dedication of a public easement in lieu of a portion of the public right-of-way in compliance with Subsection 18.910.030.C. b. The applicant must construct the full street or alley improvements as shown in the designated street cross-section. 2. For projects other than new development and major redevelopment, the applicant must comply with the following: a. New buildings may not be located within the area identified as future street or alley alignment. Surface parking, landscaping, temporary structures, driveways, and similar types of development are allowed within the future alignment. b. The property owner must sign a non-remonstrance agreement for formation of a future LID to pay for the identified street or alley improvement. D. Required new pedestrian pathway.For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor that is within the area designated for required multi-use pathway, the applicant must provide multi-use pathway on public easements or rights-of-way through the block in a manner that ensures that connections Tigard Downtown Plan District 18.650-17 Code Update:12/18 through the block are provided at least every 330 feet. The required pathway must provide direct connection through the block and be subject to the requirements of Section 18.910.110. E. Replacement of destroyed structures. Replacement of a pre-existing structure that is destroyed by fire, earthquake, or other natural disaster, is not considered a major redevelopment for the purposes of Subsections I8.650.060.0 and D. F. Improvement standards. All improvements required under this section must meet the standards of Chapter 18.910,Improvement Standards. 18.650.100 Specific Adjustments A. Adjustments to setbacks. Required setbacks may be reduced or increased up to 20 percent provided the change will result in one or more of the following: 1. Enhancements to the pedestrian environment along the proposed development's street frontage, including but not limited to the following: a. Plaza development, b. Tree preservation, c Pedestrian amenities in the public right-of-way, or d. Pedestrian-oriented building facade design elements;or 2. The preservation of natural features for public use or benefit. B. Adjustments to parking. Minimum off-street parking space requirements may be waived or reduced when one or more of the following are met: 1. The proposed use is permanent in nature and has a clear public benefit(for example,affordable or senior housing); 2. The proposed waiver or reduction will result in the preservation of existing natural features on the site for public use or benefit. C. Adjustments for private or shared outdoor area. Private outdoor area and shared outdoor recreation areas requirements may be waived or reduced when one or more of the following are met: 1. The proposed use is permanent in nature and has a clear public benefit(for example, affordable or senior housing);or 2. The total square footage of private outdoor areas and shared outdoor recreation areas equals or exceeds the combined standard for both. D. Adjustments to density and height. Qualified affordable housing developments are eligible for both density and height bonuses. 1. Definitions. For the purposes of this section,"affordable"means either: a. Housing for rent where the rent and utility costs constitute no more than 30 percent of the gross annual household income for a family at 80 percent of the area median income, based Tigard Downtown Plan District 18.650-18 Code Update:12/18 on the most recent Housing and Urban Development(HUD) income limits for the Portland- Vancouver Metropolitan Statistical Area(MSA);or b. Housing for sale where the mortgage, amortized interest,taxes, insurance, and condominium or association fees, if any, constitute no more than 30 percent of the gross annual household income for a family at 80 percent of the area median income, based on the most recent HUD incomes limits for the Portland-Vancouver MSA. 2. Approval Criteria. To qualify for a density or height bonus, a development must meet the following: a. The development meets the threshold for the requested bonus: i. A height bonus of an additional 20 ft over the maximum height is allowed for any development where a minimum of 20 percent of the units are affordable. ii. A density bonus is allowed for any development based on the criteria in Table 18.650.2. b. The approval has been conditioned on the recording of deed restriction that prohibits the sale or rental of any affordable unit used to meet the standard of Paragraph 18.650.100.E.3,except as housing that meets that standard, for the life of the development. Table 18.650.2 Density Bonuses Affordable Units Based on Maximum Density Density Bonus 5% 5% 10% 10% 20% 20% 30% 30% 40% 40% 50% 50% _(Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Tigard Downtown Plan District 18.650-19 Code Update:12/18 Map 18.650.A: Tigard Downtown Plan District Boundaries • IIITigard Downtown Plan Distict If I■t0 mr elY1!NINA EVE �� Boundary Map �* I .1 - el L -11411k MI inTigard Downtown Plan District . IIII:i- =ssm 0, ,,„,,,,,... . .-,,. -z _,,q AIR: il �A,LP•pllYA$ST ' ii r R w. �4 a 4, GAFF t 111011i10: '''e't ,1060 ' ipp 1, .. .„,..,, 4..)14'071P No. .4‘ ) i i ill ri lifr......, r ln-,a ......Al., i scuxroxsr T i. ,,, / 5 l'f ,.# ■ "11!P <",H1'-'-'<....j:44.(kb.4,,,I.&' (). 40., ir az A, ' _,,,,, prat, iiii, 4iy„iik N. 0 4.A.''' kt> IL 8N111", 4** ,ifr IN w e 0, ,,,.„. ‹,,,,A. iiir-AL norile 4 1'. 41,ig ib. ''''''c.9 illif 40, ..„„s, 0 , \ ,,,,--\`' ie >''''',,, \ .',, ,,,.,.' IV114, i T gyp,, `'' ,,.,, 10 k ailli.S . 0 , * 1 4,,,, 4 , N. 4641. s 0gA yTfi1� '� all `� :4�►�� � °fps,., . r" ) IT1/4 41I T.�9.i 11 ,��.. A V 1 i xis Tigard Downtown Plan District 18.650-20 Code Update:12/18 Map 18.650.B: Tigard Downtown Plan District Sub-Areas —L ' _ N.- 711V.11 Tigard Downtown Plan Distict j 6111:1�i rt me Ak.oSubarea Map le .fit ! r. II �' 0 Tigard Downtown Flan District ,_ al <i _ Subarea Name , r 0 `. 99'N Hall li , ' 4 Main-Center I 4:*- .r'; 1; ii tidG . Scoffins-Commercial A ` ci .r.IIIFanno-Burnham i �° Imo# 533}""' 1 •!p... Station Area Overlay vO 4 _ 8 � r'�4vri` ; c. 9 t • 4144'..., 4*. Or 4 47° i ' if'D" MIN MIN Sr ), it • Y.�a ;:i •..i. a.. hrye . Ah,11.44 n4 1111:1,..... :), .04141P•`& I <;,*'et' 4 •��y-1 t ' f•f b 0R ..lc`♦♦♦tea t''•.♦• . g .t.' • 4♦ • 4y,k, 4. e♦::•• ♦is Pp j3. •♦ ••D• �''• ♦ SI. •♦ ♦••♦ ♦ .• • Noe 1 .., - ••• � , •••` . • / re„ •. ••••f•f..T e.R o - a - i • ::faq • . •• O ♦ .4. •'} p ♦f•. :•:fa♦•d;dam ,,� , + • : ♦• ♦::•♦•i♦:• •••: >:::::,::.::.:::....•::::::: •:..,s, • b.�t .'e ♦♦♦ ♦♦♦♦♦♦♦♦ ♦. ilk ♦...♦♦ ♦.....♦ `t;•.Ir4rs 1 46) J .t.�`, Anil ..i., il 11 i (Ord. 18-23 §2; Ord. 17-22 §2)■ Tigard Downtown Plan District 18.650-21 Code Update:12/18 Chapter 18.350 New Chapter 18.350 RESIDENTIAL ZONE DEVELOPMENT STANDARDS Sections: 18.350.010 Purpose and Definition 18.350.020 Applicability 18.350.030 Application Type 18.350.040 Development Standards 18.350.050 Design Standards 18.350.010 Purpose and Definition A. Purpose. The purpose of this chapter is to provide standards for nonresidential development in residential zones that promote quality development compatible with surrounding residential uses and to enhance the livability,walkability,and safety of the community. B. Definition. Nonresidential development includes mixed-use developments with or without a residential component and single-use developments that contain a civic, institutional, commercial, industrial, or other nonresidential use.(Ord. 18-28 §1) 18.350.020 Applicability A. Applicability. The approval process and standards of this chapter apply to nonresidential development in residential zones. B. Exemptions. Development for the following uses is exempt from the standards of this chapter, except where it includes any building over 1,000 square feet in floor area: 1. Basic Utilities, 2. Major Event Entertainment, 3. Non-accessory Parking, 4. Cemeteries, and 5. Transportation/Utility Corridors. 18.350.030 Application Type Nonresidential development in residential zones requires a site development review application, except where a conditional use or planned development application is required or proposed. 18.350.040 Development Standards A. Setbacks. 1. The minimum setback from any street property line is 15 feet. 2. The minimum setback from side and rear property lines is 20 feet. Residential Zone Development Standards 18.350-1 Code Update:07/19 B. Height. The maximum height is 45 feet. C. Lot coverage. The maximum lot coverage is 85 percent. D. Landscaping and screening. All required landscaping, including landscaping used to meet screening or tree canopy standards, is subject to the general provisions of Chapter 18.420, Landscaping and Screening. 1. A minimum of 15 percent of the site must be landscaped. Landscaping standards are provided in Section 18.420.040. Any landscape area that meets the L-2 standard may count toward meeting the minimum area standard. 2. Screening standards are provided in Section 18.420.050. Screening is required as follows: a. Service areas and wall- and roof-mounted utilities must be screened to the S-1 standard. Service areas and utilities are also subject to the standards in Subsection 18.350.040.F. b. Surface vehicle parking areas, loading areas, and drive aisles within 25 feet of a street property line must be screened to the S-4 standard. Screening must be provided directly adjacent to the area to be screened, except where access is taken. 3. The minimum tree canopy standards for the site and any off-street vehicle parking areas are provided in Section 18.420.060. E. Pedestrian access. 1. Paths must provide safe and convenient pedestrian access from public sidewalks abutting the site to all required building entrances on the site. A minimum of 1 path is required for every 200 linear feet of street frontage, except where the use is not intended to receive the public on a regular basis. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 8 feet to meet this standard. 2. Paths must provide safe and convenient pedestrian access within the site between all buildings, uses, and areas designed for use by pedestrians. Paths within parking areas or along drive aisles are subject to additional standards in Subsection 18.410.040.B. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 5 feet to meet this standard. 3. Paths must extend to the perimeter property line to provide access to existing or planned pedestrian facilities on adjacent properties, such as trails or public access easements, where practicable. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 8 feet to meet this standard. F. Utilities and service areas. All utilities and service areas must comply with the standards of Subsection I8.320.040.D. G. Lighting.Lighting must be provided in compliance with the standards of Subsection 18.320.040.E. H. Parking. In addition to the standards of Chapter 18.410, Off-Street Parking and Loading, the following standards apply: 1. Vehicle parking and loading areas may not be located closer to a street property line than a required entrance facing that street property line; Residential Zone Development Standards 18.350-2 Code Update:07/19 2. Vehicle parking and loading areas must be designed and located to minimize conflicts between vehicular and non-vehicular traffic; 3. Loading and service areas must be designed and located to minimize adverse impacts on adjacent properties; 4. A minimum of 50 percent of required bicycle parking spaces must be located within 25 feet of the street property line and be visible to pedestrians from the public sidewalk in front of the site; and 5. A minimum of 50 percent of required bicycle parking spaces must be covered. I. Fences and walls. 1. The standards of Section 18.210.020 apply to all fences and walls,and 2. Chain link fencing and unfinished concrete blocks with any one dimension equal to or greater than 15 inches are prohibited within 25 feet of any street property line. J. Other Standards. Nonresidential development is subject to all other applicable requirements of this title including but not limited to standards related to streets and utilities, sensitive lands,and signs. 18.350.050 Design Standards A. Entrances. Entrances must be provided in compliance with the standards of Subsection 18.320.050.A. and must be located within 25 feet of a street property line. B. Windows.All street-facing facades must provide a minimum of 25 percent of window area. C. Facade design. All street-facing facades must include at least 3 architectural features from the list below on the entirety of the facade. Different features may be used on different facades of the same building. 1. Facade articulation. A wall projection or recession that is a minimum of 6 feet in width and 2 feet in depth for a minimum of half the height of the facade and with a maximum distance of 40 feet between projections or recessions. 2. Roof eave or projecting cornice. a. An eave that projects a minimum of 12 inches from the building facade; or b. A cornice that projects a minimum of 6 inches from the building facade and is a minimum of 12 inches in height. 3. Roof offsets. A roof offset that is a minimum of 2 feet from the top surface of one roof to the top surface of another roof as measured horizontally or vertically with a maximum distance of 40 feet between offsets. 4. Accent siding. A minimum of 2 different siding materials are used, and one siding material covers a minimum of 40 percent of the building facade. Residential Zone Development Standards 18.350-3 Code Update:07/19 5. Distinct base and top. The ground floor is visually distinguished from the upper floors by including a belt course and at least one of the following: a. A change in surface or siding pattern; b. A change in surface or siding material; or c. A change in the size or orientation of windows. 6. Window shadowing.All windows include at least one of the following: a. Window trim that is a minimum of 2.5 inches in width and 0.625 inches in depth;or b. Windows that are recessed a minimum of 3 inches from the building facade. 7. Enhanced entrances or awnings. a. All entrances other than emergency egress are covered with a permanent architectural feature that provides weather protection and is at least as wide as the entry, a maximum of 6 feet above the top of the entry,and a minimum of 5 feet in depth;or b. A permanent architectural feature is provided above all ground floor windows, such as an awning or series of awnings, that are at least as wide as each window, a maximum of 6 feet above the top of each window,and a minimum of 3 feet in depth. D. Materials. 1. The following materials are prohibited as exterior finish materials: a. Vinyl PVC siding, b. T-111 plywood, c. Exterior insulation finishing(EIFS), d. Corrugated metal, e. Plain concrete or concrete block, f. Spandrel glass,or g. Sheet pressboard. 2. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet above grade at any point. Residential Zone Development Standards 18.350-4 Code Update:07/19 Omnibus Changes Proposed Code Amendment OMNIBUS AMENDMENTS Chapter 18.20 ADMINISTRATION AND ENFORCEMENT 18.20.040 Timeliness of Regulations G. Expiration of approvals. 3. The following approvals are exempt from expiration: g. Nonconforming Use Determinations,-and h. Zoning Map Amendments:,and i. Final Plats. Chapter 18.30 DEFINITIONS . t F. tit _µ=., 18.30.010 List of Terms D. "D"definitions. 14. Dwelling-related definitions: i. "Quad" - A type of attached dwelling unit consisting of two dwelling units on a first stgl ^"�•��rvund--neer, attached at a common sidewall, and two dwelling units on a second storvfleef, attached to the first storvground-#leer units at their common floor and ceiling. L. "L"definitions. 7. Lot-related definitions: d. "Flag lot"-A lot with less than 25 feet or less of frontage and two distinct parts:the flag,which is the only area to accommodate a structure and is located behind a frontage lot; and the pole, which connects the flag to the street and provides the only access and street frontage for the lot. A flag lot may only be created through a lot line adjustment, lot consolidation, or partition process. h. "Lot averaging" -A technique that allows one or more lots in a subdivision to be undersized provided that the average lot size of all lots in the subdivision is not less than that required for the proposed housinL tvpesby the applicable base zone. M. "M"definitions. Omnibus Amendments Page 1 of 28 Proposed Code Amendment 8. "Mobile home subdivision" A subdivision desi-gHcd and approved for sale of lots for residential P. "P" definitions. 4. "Partition"-Division of a unit of land into two or three lots or tracts within a calendar year when such area of land exists as a unit or contiguous units of land under common ownership at the beginning of such year. Partitioning land does not include: S. "S"definitions. 9. "Subdivision" -Division of a unit of land into four or more units of land within a calendar year when such unit of land exists as a unit or contiguous units of land under a common ownership-at -- . •• • . . • . . The term "subdivision" also applies to an area of land that has been subdivided. Chapter 18.40 MEASUREMENTS 18.40.060 Lot Width,Lot Frontage, and Segmented Lot Lines C. Segmented lot lines include one or more lateral changes in direction. A lateral change is measured by drawing a hypothetical straight line between opposing lot corners and measuring the horizontal distance between the hypothetical straight line and the furthest extent of the actual lot line perpendicular from the hypothetical straight line. Cumulative lateral changes are measured by repeating this process for each lateral change in direction and summing all the distances as shown in the figure below.In the case of flag lots, the pole portion of the lot is not included in the measurement of cumulative lateral changes; cumulative lateral changes are measured only between the opposing corners of the flag portion of the lot. 18.40.100 Floor Area The total floor area of a building or structure is the sum of the floor area of all habitable stories in the building.The floor area of a story of a building or structure is measured from the outside of exterior walls, and includes all stairwells,ramps,shafts,chases,and the area devoted to garages and structured parking. 18.40.120 Detached Accessory Dwelling Units A. The square footage of a garage attached to a detached accessory dwelling unit is included in the square footage for the accessory dwelling unit, except that lif an accessory dwelling unit is located above an existing detached accessory structure, such as a garage, the floor area of the portion of the building utilized as an accessory structure is not included in the calculation of square footage for the accessory dwelling unit.In this situation, tThe square footage limits for accessory structures and for accessory dwelling units remain in effect. 18.40.130 Residential Density A. Calculating maximum number of residential units for anartment,rewheme;and single detached house development.To calculate the maximum number of residential units per net acre,divide the number of square feet in the net development area by the minimum number of square feet required for each lot or dwelling unit in the applicable base zone. Omnibus Amendments Page 2 of 28 Proposed Code Amendment B. Calculating minimum number of residential units for apartment,rowhouse, and single detached house development. The minimum number of residential units per net acre is calculated by multiplying the maximum number of units determined in Subsection 18.40.130.A by 80 percent. C. Residential density for other housing types. Minimum and maximum residential density for cottage clusters,courtyard units,rowhouses, and quads are provided in the development standards chapters for each housing type. Chapter 18.110 RESIDENTIAL ZONES 18.110.030 Land Use Standards Table 18.110.2 Use Table [6] Limited to ground-floor level of apartment developments and maximum square footage of 10 percent of the building. Developments utilizing this provision are considered residential development, not mixed-use development, for the purposes of this title. B. Development standards. The standards for residential development in residential zones are located in the applicable housing type chapter in 18.200 Residential Development Standards. The standards for nonresidential development in residential zones are located in Chapter 18.350,Residential Zone Development Standards, and the applicable plan district chapter, if any. Chapter 18.220 ACCESSORY DWELLING UNITS Sections: 18.220.010 Purpose 18.220.020 Applicability 18.220.030 Approval Process 18.220.040 Approval Criteria 18.220.0540 Standards 18.220.030 Approval Process Accessory dwelling unit applications are processed through a Type I procedure, as provided in Section 18.710.050.• .. ' :• : . - . . - . : -: - - . 18.220.040 Approval Criteria The approval authority will approve or approve with conditions an accessory dwelling unit application when all of the standards in Section 18.220.050 are met. 18.220.0540 Standards B. Size. Omnibus Amendments Page 3 of 28 Proposed Code Amendment 2. The square footage of each attached accessory dwelling units may not exceed the square footage of the primary unit. D. Setbacks.Accessory dwelling units must meet the setback standards for a single detached house in the base zone, with the exception that a detached accessory dwelling unit may be located within 5 feet of the rear property line if the accessory dwelling unit is 15 feet or lessless than 15 feet in height. E. Entrances. Only one attached accessory dwelling unit may have an entrance on the facade facing the front property linea street facing facade. The entrance to a second attached accessory dwelling unit must be oriented to a side,street side, or rear lot line. H. Accessory dwelling units in accessory structures. Accessory dwelling units may be added to existing accessory structures such as garages,subject to the maximum square footage and height restrictions for each,as measured using the method provided in Section 18.40.130. Chapter 18.230 APARTMENTS Sections: 18.230.010 Purpose 18.230.020 Applicability 18.230.030 Application Type cess 18.230.020 Applicability A. The approval process and standards of this chapter apply to apartment development in the R-12,R-25, R-40, MUC, MUE, MUE-1, MUE-2, MUR-1, and MUR-2 zones. Additional standards apply in the River Terrace Plan District as provided in Chapter 18.640, River Terrace Plan District. An applicant may elect to apply the approval process and standards of this chapter or of Chapter 18.280,Rowhouses, when proposing rowhouse development. MUC 1 zone.Apartment development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. 18.230.030 Application Tvpe ss Apartment development requires a site development review application. :- • . •. . •..---- development arc processed through a Type I or II procedure as provided in Section 18.710.050 or Section 18.710.060 respectively,using approval criteria in Section 18.780.050. 18.230.040 Development Standards F. Vehicle and bicycle parking. 1. The applicable provisions and standards of Sections 18.410.010 through 18.410.0650 apply to apartment developments. Omnibus Amendments Page 4 of 28 Proposed Code Amendment 2. The standards in Sections 18.410.0760 through 18.410.090 do not apply to apartment developments. 7. Surface parking areas,drive aisles,detached garages,and attached or detached carports tlia3jnet-be located between any street property line and a building with dwelling units. may not be located closer to a street property line than the building closest to that street property line. 8. Parking areas may not occupy more than 50 percent of the total length of each street frontage as measured 20 feet from the street property line. Drive aisles without adjacent parking spaces do not count as parking areas for the purposes of this standard. 98. Attached garages may be attached to am,side of an apartment building.If attached to the street- facing facade, they may not be located closer to a the street property line than the apartment building facade and the facade must include at least I entrance for each proposed garage that meets the standards of Subsection 18.230.050.Aof a building with dwelling units. Driveways associated with attached garages that take direct individual access from a public or private street must meet the rowhouse location and access standards in Paragraph 18.280.050.E.3 and Subparagraphs 18.280.050.E.2.a through d. aisles without adjacent parking spaces do not count as parking areas for the purposes of this standard. H. Lighting. 2. Maximum illumination levels are measured vertically at the property line or sensitive lands boundary line.The maximum illumination is 0.5 footcandles at side and rear property lines,except that the maximum illumination may be increased to 1.0 footcandle where the development abuts a commercial or industrial zone. The maximum illumination is 0 footcandles at any sensitive lands boundary line. 3. Lighting must be shielded, with a cutoff angle of 90 degrees or greater to ensure that angled, or located such that it does not shine upwards. Lighting sources, such as lamps and bulbs, may not be directly visible from or directly onto adjacent properties or sensitive lands. 18.230.050 Design Standards B. Windows. 1. All building facades that face a public or private street, except accessory structure facades, must include a minimum of 15 percent window area on the entirety of all facades that face a public or private street or outdoor common open space. 2. The minimum window area standard does not apply to stories with sloped roofs or dormers. C. Facade design. 1. All building facades that face a public or private street or outdoor common open space, except accessory structure facades, must include at least 2 differenta minimum number of architectural features from the list provided in subparagraphs a through /*below on the entirety of all facades that face a public or private street or outdoor common open space. A building with less than 20 Omnibus Amendments Page 5 of 28 Proposed Code Amendment . - -- -• - • . . . - .An additional 2 different architectural features per facade are required on all buildings with 20 or more dwelling units must include at least '1 different architectural features. This standard may be met by including different architectural Different features may be used on different facades of the same building. Buildings that do not include dwelling units are exempt from providing architectural features on facades that face common open areas, but must provide at least 2 different architectural features on all street-facing facades. Chapter 18.240 COTTAGE CLUSTERS Sections: 18.240.010 Purpose 18.240.020 Applicability 18.240.030 Application TypeAteeess D 18.240.020 Applicability The approval ocess-and standards of this chapter apply to cottage cluster development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110.Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640, River Terrace Plan District. 18.240.030 Application TypeA ~^v^l D Cottage cluster development requires a site development review application. - :: ' . •. • - .. - . - - - .. - . . . . . . Chapter 18.250 COURTYARD UNITS 18.250.010 Purpose 18.250.020 Applicability 18.250.030 Application TypeA pr^-al Proce. 18.250.020 Applicability The approval process and standards of this chapter apply to courtyard unit development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110.Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640, River Terrace Plan District. 18.250.030 Application TypeAppro-a_�•�• eess Courtyard unit development requires a site development review application.Applications for courtyard . -- - . - . . - • .. . . . .. - . - - - . - • . . . _ 18.250.070 Accessory Structures Omnibus Amendments Page 6 of 28 Proposed Code Amendment • - - - - - ceed the maximum lot coverage allowed in the base zone. CD. Accessory structures may be located within the side or rear setback provided they are a minimum of 5 feet from the side and rear property lines. (Ord. 1 8-23 §2)■ Chapter 18.260 MOBILE HOME PARKS Sections: 18.260.010 Purpose 18.260.020 Applicability 18.260.030 Application Type 18.260.0430 Mobile Home Park Standards 18.260.020 Applicability The standards of this chapter apply to mobile home park development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110,Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640,River Terrace Plan District. " mobile h bdivision must: B. Satisfy all the provisions of this chapter; and . •••• .. - . ' -- _ . . • . -- • - '. . - . . 18.260.030 Application Type Mobile home park development requires a site development review application. 18.260.0430 Mobile Home Park Standards A. 1 uired reviews. The design of the proposed mobile home park must be submitted to the city for review in compliance with Chapter 18.780, Site Development Review, and Chapter 18.740, B. Compliance with state standards. The design for the mobile home park must comply with applicable . - . -• _ - - standards . . • ._ . _- .. . •- .. AG.Minimum development standards. The mMobile home park development must meet the following minimum standards: Omnibus Amendments Page 7 of 28 Proposed Code Amendment BD. Other standards. 6. Each mobile home placed in a mobile home park or sem:= official and meet the following standards: on-must be inspected by the building a. Each mobile home must comply with all applicable state and federal regulations A state b. Each mobile home must be in good repair, notwithstanding deterioration that may have occurred due to misuse,neglect, accident,or other cause; c. Each mobile home must contain a water closet, lavatory, shower or tub, and a sink in a kitchen or other food preparation space: au 9. Each mobile home in a mobile home park or—subdivision must have a continuous perimeter skirting installed in compliance with state regulations,which must be of the same material and finish as the exterior of the mobile home. Chapter 18.270 k. QUADS , �' � Sections: 18.270.010 Purpose 18.270.020 Applicability 18.270.030 Application TvpeAp^r^ l D 18.270.020 Applicability The standards of this chapter apply to quad development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110,Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640, River Terrace Plan District. (Ord. 18-23 §2) 18.270.030 Application TypeAraval u Feeess Quad development requires a site development review application. :: ' . .• . . ... . .. -- Chapter 18.280 ROWHOUSES Sections: 18.280.010 Purpose Omnibus Amendments Page 8 of 28 Proposed Code Amendment 18.280.020 Applicability 18.280.030 Application TvpeApproval n 18.280.020 Applicability A. The standards of this chapter apply to rowhouse development in the R-7, R-12, R-25, MUR-1. and MUR-2 zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 1 8.640,River Terrace Plan District.An applicant may elect to apply the standards of Chapter 18.230, Apartments, when proposing rowhouse development in base zones where apartment development is allowed. B. Rowhouse development in the MUC-1 zone is subject to the standards of Chapter 18.620,Bridgeport Village Plan District. •• ... . . . . ,• -- - _ • - - . - .ndards for rowhouse development in the MUC 1 zone arc .. - e D• C. - . = ' • ° ° - .'= :• : : This chapter does not apply to rowhouse development in the MU-CBD and TMU zones.Rowhouse development in these zones is subject to the approval processes and standards of Chapter 18.650,Tigard Downtown Plan District,and Chapter 18.660,Tigard Triangle Plan District, respectively. - - . -- - . •• _ ly meet the standards of Chapter 18.230, Apartments to 18.280.030 Application TvpeAppr-e j Rowhouse development requires a site development review application.Applications for rowhouse -! • •! Chapter 18.290 SINGLE DETACHED HOUSES 18.290.030 Development Standards Development standards for single detached houses are provided in Table 18.290.1. Table 18.290.1 Development Standards for Single Detached Houses Standard R-1 R-2 R-3.5 R-4.5 R-7 R-12 MUC-1 and R-25 j Minimum Lot Size 30,000 20,000 10,000 7,500 5.000 3,050 sq ft sq ft sq ft sq ft sq ft sq ft Osgft Minimum Lot Width 100 ft 100 ft 65 ft 50 ft 50 ft 0 ft 0 ft Minimum Setbacks -Front 30 ft 30 ft 20 ft 20 ft 15 ft 15 ft Oft[24-] -Street side 20 ft 20 ft 20 ft 15 ft 10 ft 10 ft 0 ft [24-] -Side 5ft 5ft 5ft 5ft 5ft 5ft Oft Omnibus Amendments Page 9 of 28 Proposed Code Amendment -Rear 25ft 25ft 15ft 15ft 15ft 15ft Oft -Garage [2] 20 ft 20 ft 20 ft 20 ft 20 ft 20 ft 20 ft Maximum Height 30 ft 30 ft 30 ft 30 ft 35 ft 35 ft 70 ft Maximum Lot Coverage None None None None 80% 80% 90% Minimum Landscape Area`3] None None None None 20% 20% 10% Minimum Density 80%of maximum density 25 units per acre Maximum Density Calculated using the method provided in 18.40.1340 50 units per acre Minimum Parking 1 off-street vehicle parking space per house [54] (1 J Development standards for single detached houses and allowed accessory uses in the R-25 zone apply only to lots with existing nonconforming development.New construction of single detached houses is not allowed except as provided in Chapter 18.50,Nonconforming Circumstances. [2.1-] The maximum front and street side setback is 20 feet. LP] The minimum garage setback applies to garages and carports. The minimum setback may be reduced to 0 feet where vehicle access is taken from an alley. [4;] The minimum landscape area must be planted to the L-1 standard. Landscaping standards are provided in Chapter 18.420,Landscaping and Screening.Single detached house development is exempt from the general provisions of Section 18.420.030. [54] The minimum parking standard may be met with an on-street parking credit. On-street parking credit standards are provided in Section 18.410.090. 18.290.040 Design Standards C. Attached garages and carports. The purpose of these standards is to prevent garages and carports from obscuring or dominating the street-facing facade of residential buildings. An illustration of garage door width is shown in Figure 18.290.164046. An attached garage or carport must meet the following standards,except for garages or carports on flag lots or where vehicle access is taken from an alley. 1. A garage door or carport entrance designed for vehicle access may notreast be closerthc same distance or a gr ater distance from to the street property line as the '- -• . . than a facade that encloses living area along the same street frontage,except as follows: a. A garage door or carport entrance may extend up to 5 feet in front of a facade that encloses living areathe widest street facing wall if there is a covered front porch with no horizontal dimension less than S feet and the garage door or carport entrance does not extend beyond the root#et4 of the porch, excluding gutters. b. A garage door or carport entrance may extend up to 5 feet in front of a facade that encloses livin' area i' - •:• -- . '-: . •- - there is a second story above the garage that includes garage or carport is part of a 2 story building and there i:,a street-facing window en the second story above the garage or carport that faces the street with a minimum area of 12 square feet and a horizontal offset of no more than two feet from the plane of the garage door. Chapter 18.320 COMMERCIAL ZONE DEVELOPMENT STANDARDS Omnibus Amendments Page 10 of 28 Proposed Code Amendment Sections: 18.320.010 Purpose and Definition 18.320.020 Applicability 18.320.030 Application TvpeAprpvpl D 18.320.020 Applicability A. The a prova1 a standards of this chapter apply to nonresidential development in the C-N, C- C. C-G, C-P, MUC, MUE, MUE-1. MUE-2, MUR-1, and MUR-2 zones. Additional standards apply to nonresidential development in the River Terrace Plan District and Washington Square Regional Center Plan District as provided in Chapter 18.640, River Terrace Plan District, and Chapter 18.670, Washington Square Regional Center Plan District. B. -- .:: . . - - •- the MUC 1 zone.Nonresidential development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. C. This chapter does not apply to nonresidential development in the MU-CBD and TMU zones. Nonresidential development in these zones is subject to the approval processes and standards of Chapter 18.650, Tigard Downtown Plan District, and Chapter 18.660. Tigard Triangle Plan District, respectively. D. -• . - - : - •` .-- ` •:.. •. '. . '. -• •• '' "- • -•- . Residential development in commercial zones is subject to the approval processes and standards of the applicable housing type chapter in 18.200 Residential Development Standards. 18.320.030 Application Tvpe&p pl u Applicationsf __Jonresidential development in commercial zones are processed through— --Type—I-1 requires a site development review application procedure as provided in _ ! !:! . ` : • •- - •-• :. :I.! !,except where a conditional use or planned development application is required or proposed. Chapter 18.330 INDUSTRIAL ZONE DEVELOPMENT STANDARDS Sections: 18.330.010 Purpose and Definition 18.330.020 Applicability 18.330.030 Application TvpeArov pl 18.330.020 Applicability A. The standards of this chapter apply to nonresidential development in the I-P,I-L, and I-H zones. ntial development in the I-P zone within the Durham Advanced Wastewater Treatment Facility Plan Omnibus Amendments Page 11 of 28 Proposed Code Amendment District is subject to the standards of Chapter 18.630, Durham Advanced Wastewater Treatment Facility Plan District. (Ord. 18-28 §1) 18.330.030 Application TypeAp roval n Applications for nNonresidential development in industrial zones . - . . - - . requires a site development review applicationproccdurc as provided in Section 18.710.060. using approval criteria in Section 18.780.050, except where a conditional use or planned development application is required or proposed. 18.330.040 Development Standards E. Pedestrian access. 1. Paths must provide safe and convenient pedestrian access from public sidewalks abutting the site to all required building entrances on the site.A minimum of 1 path is required for every 200 linear feet of street frontage. 2. Paths must provide safe and convenient pedestrian access within the site between all buildings, uses, and areas designed for use by pedestrians.Paths within parking areas or along drive aisles are subject to additional standards in Subsection 18.410.040.B. 3. Paths must extend to the perimeter property line to provide access to existing or planned pedestrian facilities on adjacent properties, such as trails or public access easements, where practicable. 4. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 5 feet. Chapter 18.410 OFF-STREET PARKING AND LOADING 18.410.050 Bicycle Parking Design Standards C. Quantity. The total number of required bicycle parking spaces for each use is provided in Table 18.410.3. If the minimum bicycle parking requirementspaces as calculated in Table 18.410.3 is less than two spaces, then the minimum number of spaces is two. Single detached houses, accessory dwelling units, cottage clusters, courtyard units, quads, and rowhouses are exempt from minimum bicycle parkinghis standards. Chapter 18.420 LANDSCAPING AND SCREENING 18.420.040 Landscaping Standards A. Landscaping standards are provided in Table 18.420.1. . ..• . .. , • _ ... . _.• -- .. - . - -- ' ' -. - .. - • . fe • . Li- B. Landscaping or other areas used to meet the minimum landscape area standard must be provided on the development site and may be met by any combination of the following: Omnibus Amendments Page 12 of 28 Proposed Code Amendment 1. Landscaping, including parking lot landscaping, that meets the L-1 or L-2 landscaping standard; 2. Landscaping that meets the S-2, S-3,or S-4 screening standard as provided in Table 18.420.2 where required by the applicable development standards chapter; 3. Any required above-ground vegetated stormwater facility;or 44. Other areas as specified by the applicable development standards chapter. Chapter 18.430 MARIJUANA FACILITIES Sections: 18.430.010 Purpose 18.430.020 Applicability 18.430.030 Approval Process and Documentation 18.430.040 Approval Criteria 18.430.0540 Development Standards 18.430.030 Approval Process and Documentation A. Approval process. Applications for mMarijuana facilityies applications are processed through a Type I procedure, as provided in Section 18.710.050, . • . .. . _ _ . .. . criteria. 18.430.040 Approval Criteria The approval authority will approve or approve with conditions a marijuana facility application when all of the standards in Section 18.430.050 are met. 18.430.0540 Development Standards Chapter 18.435 SIGNS 18.435.015 Definitions 11. "Electrical sign" Any sign utilizing electrical wiring. 145. Electronic information sign"- A sign with lighted changeable copy or message that changes at set intervals, each lasting more than two seconds. by electronic process or remote control. This type of sign is also known as an automatic changeable copy sign or electronic variable message center.An electronic information sign is not a reader-board sign or a rotating,revolving or moving sign. 156. "Entryway sign"-A sign placed by or on behalf of the city at an entry to the city. 16. "Flag" - A sign made of nonrigid material with no rigid internal or enclosing framework, attached to a pole along a single straight side of the sign such that the sign remains unattached along the remaining sides and can move in the wind. Flags are not considered rotating, revolving, or moving signs for the purposes of this chapter. Omnibus Amendments Page 13 of 28 Proposed Code Amendment 18.435.030 Approval Process Approval process. Sign permit applications• .. • . .• - - . -- • • . .. . permits, are processed through a Type I procedure, as provided in Section 18.710.050, using the ••• - -- • • . - . ..- - ' - .. The approval authority will approve or approve with conditions a sign application when the applicable standards of this chapter and the sign standards of any applicable plan district are met. 18.435.060 Permit Exempt Signs A. Exemptions from permit requirements.The following signs and operations do not require a sign permit but must comply with all other applicable regulations of this chapter and Subsection 18.435.060.B: 1. Lawn and A-frame signs in residential zones,with the following restrictions: a. Multiple lawn and A-frame signs are allowed per premises and must be spaced at least 50 feet apart. 8. Flags in nonresidential zones up to a maximum area of 40 square feet per flag, and 120 square feet per site, displayed from permanently located freestanding or wall-mounted flagpoles that are designed to allow the flags to be raised and lowered; 9. Flags in residential zones with a maximum area of 15 square feet per site, displayed from temporary freestanding or wall-mounted flagpoles; 109. Sign repair,maintenance,or change of copy or message that does not involve a change of sign size,height,type, or location; 11-I-0. Signs affected by stipulated judgments to which the city is a party that is entered by courts of competent jurisdiction; and 1244. Banner signs in the right-of-way in the MU-CBD zone,with the following restrictions: a The maximum sign area is 140 square feet per sign face,and b. The maximum length of display is 60 continuous days. B. Requirements for exempted signs. All signs exempted from sign permits in Subsection 18.435.060.A must be placed on private property, and only with the consent of the property owner, except where expressly allowed on utility poles or in the public right-of-way.meet the following requirements: 1. Signs must be placed on private property,and only with the consent of the property owner, except 2. Multiple signs arc allowed per premises and must be spaced at least 50 feet apart in residential zones and 30 feet apart in all other base zones. 18.435.070 Prohibited Signs Omnibus Amendments Page 14 of 28 Proposed Code Amendment F. Revolving, rotating, or moving signs. Revolving, rotating, or moving signs are prohibited, except for '• -- :e.• .. : temporary banners or balloons allowed by Section 18.435.100. H. Right-of-way signs. Signs in the public right-of-way in whole or in part are prohibited,except for signs legally erected for informational purposes by or on behalf of a government agency,bench signs allowed by Subsection 18.435.090.B, awning signs allowed by Subsection 18.435.090.E, temporary banners allowed by Paragraph 18.435.060.A.1244-, or signs allowed by Subparagraph 18.435.130.G.1.c in the TMU and MU-CBD zones. Any sign that projects into or is located in City of Tigard right-of-way is subject to approval by the City Engineer.Signs may not project into or be located in Oregon Department of Transportation right-of-way. Chapter 18.440 �" TEMPORARY USES 18.440.020 Applicability C. Temporary uses allowed. The following temporary uses are allowed without a temporary use permit: 5. Seasonal and special events located entirely within the PR zone or public right-of-way, provided the use in the PR zone has been approved by the Public Works Director or designee, and the use in the public right-of-way has been approved by the Police Chief or designee. 18.440.040 Approval Process A. Approval process.An appli.:tion o,-a4Temporary use applications areis processed through a Type I procedure,as provided in Section 18.710.051, . _ - ,. . . - • .- - - . - previded--in-Section 18.410.050. Chapter 18.640 RIVER TERRACE PLAN DISTRICT 18.640.060 River Terrace Boulevard Development Standards Table 18.640.1 Reduced Minimum Lot Size and Width for Residential Lots Abutting River Terrace Boulevard Base Zone Minimum Lot Size Minimum Lot Width R-4.5 Zone Single detached house lots 4.500 sf 40 ft R-7 Zone Single detached house lots 3,500 sf 35 ft Rowhouse lots 2.500 sf[11 25 ft R-12 Zone Apartment lots 2,000 sf j1} NA Single detached house and rowhouse lots 2,500 sail NA [1] Minimum lot area per dwelling unit for apartment and rowhouse developments Omnibus Amendments Page 15 of 28 Proposed Code Amendment E. Design standards for single detached houses and rowhouses. The following design standards apply to single detached houses and rowhouses where the applicant chooses to provide them under Subparagraph 18.640.070.C.2.e or where required by Subsection 18.640.060.A. The design standards in Chapter 18.290, Single Detached Houses, and Chapter 18.280, Rowhouses, apply in all other situations. These standards are intended to promote architectural detail,human-scale design,street visibility,and privacy of adjacent properties, while affording flexibility to use a variety of architectural styles. The graphics provided are intended to illustrate how development could comply with these standards and should not be interpreted as requiring a specific architectural style.An architectural feature may be used to comply with more than one standard. 3. Entrances. At least one entrance must meet both of the following standards. An illustration of entrances is shown in Figure 18.640.4.The entrance must be: a. Set back no further than 8 feet beyond the widest street-facing wall of the building that encloses living area; and 5. Garages and carports.These standards are intended to prevent garages and carports from obscuring or dominating the street-facing facade of residential buildings.An illustration of garage door width is shown in Figure 18.640.6. a. Garage and carport setback.A garage door or carport entrance designed for vehicle access must be set back a minimum of 20 feet from the street property line. Where vehicle access is taken from a private street or alley,this setback may be reduced to 0 feet where proper clearances for turning and backing movements are provided. A garage door or carport entrance designed for vehicle access may notes be closer tothe same distance or a greater distance from the street property line than a facadeas the widest street facing wall of the building that encloses living area, except as follows: i. A garage or carport may extend up to 5 feet in front of a facade that encloses living areathe -- . •- . if there is a covered front porch with no horizontal dimension less than 5 feet, and the garage door or carport entrance does not extend beyond the Lee/Tr-ant of the porch,excluding gutters. ii. A garage door or carport entrance may extend up to 5 feet in front of a facade that encloses livin! area i' •- • -- . . - - there garage is part a second 2-story above the garage that includes a street-facing window on the second story above the garage that faces the street with a minimum area of 12 square feet and a horizontal offset of no more than two feet from the plane of the garage door. Chapter 18.660 ,. - TIGARD TRIANGLE PLAN DISTRICT 18.660.070 Site Design Standards Table 18.660.5 Minimum Number of Public Bicycle Parking Spaces Proposed Development Minimum Number of Spaces Residential development that is not mixed-use and I4 spaces per every 301-28 linear feet of street has more than 4 units. frontage or any portion thereof Omnibus Amendments Page 16 of 28 Proposed Code Amendment Non-residential and mixed-use developments. 16 spaces per every 204-244 linear feet of street frontage or any portion thereof 18.660.040 Review Process C. Land use review. Whether required by this title or initiated by the applicant, land use review precedes development review. Land use review is the process whereby the applicant submits any required or applicant-initiated land use applications to the city for review against all applicable approval criteria and standards.The provisions of Chapter 18.770,Planned Developments, do not apply to properties in the TMU zone. 4. Adjustment application. An adjustment application is processed through a Type II procedure as provided in Section 18.710.060. b. An adjustment application will be approved when all of the following approval criteria have been met for each requested adjustment: iii. If proposed adjustment is needed to address development constraints associated with the proposed development site, and the applicant has adequately explained the need and rationale for the proposed adjustment.Development constraints include,but are not limited to,the following: • Lot size,shape, or topography • Multiple street frontages • Protected natural resources 18.640.070 Planned Developments The requirements of Chapter 18.770, Planned Developments, apply to all planned developments in River Terrace, except as modified below. E. Design standards for single detached houses and rowhouses. The following design standards apply to single detached houses and rowhouses where the applicant chooses to provide them under Subparagraph I8.640.070.C.2.e or where required by Subsection 18.640.060.A. The design standards in Chapter 18.290, Single Detached Houses, and Chapter 18.280, Rowhouses, apply in all other situations. These standards are intended to promote architectural detail,human-scale design, street visibility,and privacy of adjacent properties,while affording flexibility to use a variety of architectural styles. The graphics provided are intended to illustrate how development could comply with these standards and should not be interpreted as requiring a specific architectural style.An architectural feature may be used to comply with more than one standard. 5. Garages and carports. The purpose of Pthese standards isarc to prevent garages and carports from obscuring or dominating the street-facing facade of residential buildings. An illustration of garage door width is shown in Figure 18.640.6. Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT 18.670.090 Signs Omnibus Amendments Page 17 of 28 Proposed Code Amendment Signs. In addition to the requirements of Chapter 18.435. Signs,the following standards must be met: A. Residential-only developments within the MUC, MUE, and MUR zones must meet the sign requirements for residentialthe R 10 zones as provided in Subsection 18.435.130.A; nonresidential developments within the MUC zone must meet the sign requirements for the C-Geemniefeiel zones as provided in Subsection 18.435.130.B; nonresidential development within the MUE zones must meet the sign requirements of the C-P zone as provided in Subsection 18.435.130.C; and nonresidential development within the MUR zones must meet the sign requirements of the C-N zone as provided in Subsection 18.435.130.D. Sign area increases are prohibited. ...: t Chapter 18.710 : W .40,1,. LAND USE REVIEW PROCEDURES 18.710.020 Summary of Land Use Applications Table 18.710.1 Summary of Land Use Applications Abbreviation Land Use Application Type Applicable Review Type Section ADU Accessory Dwelling Unit 18.220 1 Adequate Public Facilities Exception MIS 18.640 (inside River Terrace) II Adjustment -Inside River Terrace Plan District 18.640 ADJ -Inside Downtown Tigard Plan District 18.650 II -Inside TMU zone 18.660 -Citywide 18.715 III-Modified, ZCA Annexation 18.720 Legislative (N/A) Appeal 18.710 III-various CPA Comprehensive Plan Map Amendment 18.790 III-Modified, Legislative CPA Comprehensive Plan Text Amendment 18.790 Legislative CUP Conditional Use 18.740 III-HO DCA Development Code Text Amendment 18.790 Legislative DIR Director Determination 18.730 I DDR Downtown DevelopmentDesign Review 18.650 I, II, III DR (N/A) Extension 18.745 I, II MIS Historic Resource Designation or Alteration 18.750 II, III-PC HOP Home Occupation Permit 18.760 I, II MLP Land Partition 18.820 II LLA Lot Line Adjustment or Lot Consolidation 18.810 I MAR Marijuana Facility Permit 18.430 I Modification MMD -Minor 18.765 ISI -Major H PDR Planned Development 18.770 II,III-PC SLR Sensitive Lands Review 18.510 I, II,III-HO Omnibus Amendments Page 18 of 28 Proposed Code Amendment Table 18.710.1 Summary of Land Use Applications Abbreviation Land Use Application Type Applicable Review Type Section SGN Sign Permit 18.435 1 SDR Site Development Review 18.780 I, II SUB Subdivision 18.830 II TUP Temporary Use Permit 18.440 I MIS Transportation Mitigation(inside TMU zone) 18.660 II UFR Urban Forestry Plan Modification or 18 420 I, III-HO, Discretionary Review III-PC Zoning Map Amendment III-PC, ZON -Quasi-Judicial(site specific) 18.790 III-Modified, -Legislative(citywide) Legislative 18.710.030 General Provisions A. Pre-application conferences. A pre-application conference is required for all Type II and Type III applications,except for Home Occupations,Extensions, and Complex Tree Removals. The Director may waive the requirement for a pre-application conference. Legislative actionsapplicationa are exempt from a pre-application conference. 1. To request a pre-application conference, a prospective applicantthe person considering filing an application must submit a pre-application request form, a brief description of the proposed uses,a map and a site plan. 2. When a pre-application conference is required,the prospective applicantperson must meet with the city for the purpose of identifying policies and regulations that relate to the proposed development, providing technical data and assistance that will aid the applicantpersen, and identifying other opportunities or constraints that relate to the proposed development. 5. The prospective applicantperson has one year from the date of the pre-application conference to submit a land use application for the proposed development. B. Neighborhood meetings. A prospective applicantperson considering filing an application must hold a neighborhood meeting prior to filing the following applications: comprehensive plan map amendment (quasi-judicial), conditional use, major modifications, planned development review, sensitive lands review, site development review(Type II),subdivision, and zoning map amendment(quasi-judicial). 3. The prospective applicantperson must provide a written and posted notice for the meeting. c. The prospective applicantpersoe must complete an affidavit of mailing and posting of the notice. 4. At the meeting,the prospective applicantpersen must: 18.710.040 Types of Reviews B. Review types defined.There are four review procedure types:Type I,Type II,Type III,and Legislative. Omnibus Amendments Page 19 of 28 Proposed Code Amendment Table 18.710.1 contains the city's land use application types and associated review types. The review types are defined as follows: 3. Type III procedures apply to land use applications that are governed by approval criteria that require the exercise of discretion and judgment and about which there may be broad public interest. Type III applications are decided by the Hearings Officer (Type 1II-HO); or the Planning Commission (Type III-PC), or Design Review Board(Type III DR)with appeals to the City Council. Type III- Modified are decided by the City Council with a recommendation from the Planning Commission. Table 18.710.2 Review Types and City Appeal Authorities ReviewvType rt. Approval Authority ;.Appeal Autlfiority ,v. Type I Community Development Director None/Land Use Board of Appeals Type II Community Development Director Hearings Officer Type III-HO Hearings Officer City Council Type III-PC Planning Commission City Council Type III DR Design Review Board City Council Type III-Modified City Council, with initial hearing and None/Land Use Board of Appeals recommendation by Planning Commission Legislative City Council,with initial hearing and None/Land Use Board of Appeals recommendation by Planning Commission 18.710.060 Type II Procedure C. Notice of decision. 1. ' - .. - . ' - . : • .' - ::Notice of decision must be mailed to the applicant and to all parties of record within 7 days after the decision is signed by the approval authority. site; b. All owners of record within 500 feet of the proposed development site; d. Any person or group who requested to be notified of the decision; include the proposed development site; and f. Any governmental agency that is entitled to notice. 18.710.080 Type III-Modified Procedure All applications subject to the Type III-Modified review will follow the procedures provided in Section 18.710.070, except that the approval authority may remand the decision to the recommending body. Chapter 18.715 ADJUSTMENTS Omnibus Amendments Page 20 of 28 Proposed Code Amendment 18.715.040 Approval Process Adjustment applications areAn application for an adjustment is.processed through a Type II procedure as provided in Section 18.710.060,using approval criteria in Section 18.715.050. (Ord. 18-28 §1) Chapter 18.720 4e ANNEXATIONS 74 r. _ 6:; 18.720.020 Approval Process A. Quasi-judicial annexations applications are processed through a Type III-Modified procedure, as provided in Section 18.710.080, using the criteria in Section 18.720.030. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. B. Legislative annexations applications are processed through the Legislative procedure, as provided in Section 18.710.110,using the criteria in Section 18.720.030. (Ord. 18-23 §2; Ord. 17-22 §2) Chapter 18.740 CONDITIONAL USES 18.740.040 Approval Process A conditional use application is processed through a Type III-HO procedure as provided in Section 18.710.070,using approval criteria in Subsection 18.710.050. 18.740.050 Approval Criteria The approval authority will approve or approve with conditions a conditional use application when all of the following criteria are met: A. The characteristics of the site are suitable for the proposed development or use considering size,shape, location,topography, and natural features; B. The operating and physical characteristics of the proposed use are reasonably compatible with surrounding properties,public facilities, or sensitive lands with regard to noise, vibration, air quality, glare,odor, and dust; C. The physical characteristics of the proposed development are reasonably compatible with surrounding properties.public facilities, or sensitive lands with regard to building height, location, and orientation. G. Any adverse impacts from the proposed development or use are mitigated to the extent practicable; ED. The proposed developmentttse is located and designed to support pedestrian access, safety, and comfort on and adjacent to the site where practicable; FB.The proposed developmentt►se complies with all applicable development standards and requirements of this title, except where an adjustment has been approved or the approval authority has determined that a more restrictive development or design standard is necessary to address issues of compatibility or walkability; and Omnibus Amendments Page 21 of 28 Proposed Code Amendment GF.Adequate public facilities are available to serve the proposed use at the time of occupancy. 18.740.060 Conditions of Approval The approval authority may impose conditions of approval on the proposed development or use that are suitable and necessary to meet the approval criteria and to ensure compatibility with surrounding properties, protect the public from adverse impacts, or advance the community's vision to become a walkable,healthy, and inclusive city. Conditions may include but are not limited to the following: A. Limiting the hours, days,place, and manner of operation; B. Requiring design features that minimize adverse operational impacts such as those caused by noise, vibration, air pollution, glare, odor, and dust; C. Requiring the protection and preservation of existing trees,vegetation,land forms, and habitat areas or limiting lot coverage; E. Limiting building height, size, or location or limiting lot coverage; F. Limiting or otherwise designating the size,number, or location of vehicle access points; D . Requiring pedestrian access or improvements within the development orand between the development and the surrounding community; E14. Requiring additional landscaping or screening of structures, off-street parking, or service areas; FT. Requiring or limitingLimiting or otherwise designating the location,intensity,and shielding of outdoor lighting; or G4-. Requiring or limitingund designating the size,height, location,and materials of fences. Chapter 18.745 ...:: EXTENSIONS 18.745.040 Approval Process A. If the original approval was processed through a Type I procedure,an extension application is processed through a Type I procedure,. as provided in Section 18.710.050, using approval criteria in Section 18.715.050. B. If the original approval was processed through a Type II or Type III procedure,an extension application is processed through a Type II procedure,as provided in Section 18.710.060,using approval criteria in Section 18.745.050. Chapter 18.760 HOME OCCUPATIONS' Omnibus Amendments Page 22 of 28 Proposed Code Amendment Sections: 18.760.010 Purpose 18.760.020 Applicability 18.760.030 Approval Process 18.760.040 Approval Criteria 18.760.050 General Provisions 18.760.0640 Approval Standards 18.760.0750 Conditions of Approval 18.760.0860 Revocation of Home Occupation Permits 18.760.0970 Nonconforming Home OccupationsUses 18.760.020 Applicability B. Exemptions. The following activities and uses are exempt from the provisions of this chapter: 3. Home day care uses; 4. Hobbies that do not result in payment to those engaged in such activity; and 54. Le'allreven nonconforming home occupations as provided in Section 18.760.070. 18.760.030 Approval Process A. Type I home occupations. Applications for Type I home occupations applications are processed through a Type I procedure, as provided in Section 18.710.050, using the standards in Section 1 8.760.040 as approval criteria. B. Type II home occupation permit.Applications for Type II home occupations applications are processed through a Type II procedure, as provided in Section 18.710.060, using the standards in Section 18.760.010 as approval criteria. 18.760.040 Approval Criteria The approval authority will approve or approve with conditions a home occupation application when all of the applicablejeneral provisions in Section 18.760.050 and approval standards in 18.760.060 are met. 18.760.0540 General Provisions A. General. All home occupations except legal nonconforming home occupations must comply with all of the following in addition to the standards for Type I and Type II home occupations provided in Section 18.760.050Subsections 18.760.010.B and C. A-1-.Home occupations may be undertaken only by a principal occupant of a dwelling unit. B2. Deliveries to the residence by suppliers are limited to 3 per week. Ce-.The home occupation must comply with all provisions of Title 6 of the Tiiard Municipal Codemay not generate any offensive noise, vibration, smoke, dust, odors, heat, or glare notic able at or beyond the property line. D4.The home occupation must be operated entirely within the dwelling unit or a conforming accessory structure. The maximum square footage used for the home occupation and associated storage of Omnibus Amendments Page 23 of 28 Proposed Code Amendment materials and products is 25 percent of the combined residence and accessory structure floor area or 528 feet,whichever is smaller.All indoor storage of materials or products must meet the provisions of the building, fire, health,and housing codes. E6.A home occupation may not necessitate a change in the state building code use classification of a dwelling unit. Any accessory building that is used must meet building code requirements. Fe.A dwelling unit may have more than one home occupation, provided that the combined floor space used for the home occupations does not exceed the square footage limitation imposed in Paragraph 18.760.040.A.4. Each home occupation must apply for a separate home occupation permit, if required by this chapter. G7.The following activities are prohibited as part of a home occupation: la. Storage or distribution of toxic=ef-flammable, or explosive materials,and 2b. Spray painting or spray finishing operations that involve toxic or flammable materials that in the judgment of the fire marshal pose a dangerous risk to the residence, its occupants, or surrounding properties. H$.Additional parking is not required for home occupations. 79. The following activitiesuses are not allowed as home occupations: la. Motor vehicleAuto body repair and painting; 243. OngoingMechanical repair conducted outside of an entirely-enclosed building; 3e. Junk and salvage operations; and 4d. Storage or sale of fireworks. J4B. Exterior storage of commercial vehicles, as defined in the Oregon Vehicle Code, is prohibited, except that I commercially licensed vehicle of not more than 0.75 ton gross vehicle weight (GVW) may be parked outside of a structure. 18.760.060 Approval Standards AW Type I home occupations.Type I home occupations must comply with the following: BC.Type II home occupations. Type II home occupations must comply with the following: 18.760.0750 Conditions of Approval 18.760.0860 Revocation of Home Occupation Permits 18.760.0970 Nonconforming Home OccupationsUses Chapter 18.765 MODIFICATIONS 18.765.060 Minor Modifications Omnibus Amendments Page 24 of 28 Proposed Code Amendment C. Approval process. A minor modification application is processed through a Type I procedure as provided in Section 18.710.050, using approval criteria in Subsection 18.765.060.D. 18.765.070 Major Modifications C. Approval process. A major modification application is processed through a Type II procedure as provided in Section 18.710.050, using approval criteria in Subscction 18.765.070D. Chapter 18.770 W.:; PLANNED DEVELOPMENTS 18.770.050 Approval Process A. A consolidated planned development application is processed through a Type III-PC procedure as provided in Section 18.710.070,using approval criteria in Subsection 18.770.060.A. B. A consecutive planned development submittal involves two separate applications. 1. A concept plan application is processed through a Type III-PC procedure as provided in Section 18.710.070, using approval criteria in Subsection 18.770.060.B. A concept plan approval must be effective prior to the submittal of a detailed plan application. 2. A detailed plan application is processed through a Type II procedure as provided in Section 18.710.060, using approval criteria in Subsection 18.770.060.C, unless the concept plan approval authority specifies a different review procedure as a condition of concept plan approval. (Ord. 18- 28 §1) f Chapter 18.780 SITE DEVELOPMENT REVIEWS 18.780.040 Approval Process A. Residential developments. 1. A site development review application is processed through a Type I procedure as provided in Section 18.710.050,using approval criteria in Subsection 18.780.050,when a transportation impact study is not required by Chapter 18.910, Improvement Standards. 2. A site development review application is processed through a Type II procedure as provided in Section 18.710.060,using approval criteria in Subsection 18.780.050,when a transportation impact study is required by Chapter 18.910, Improvement Standards. B. Wireless communication facilities and nonresidential developments.A site development review application is processed through a Type II procedure as provided in Section 18.710.060,using approval criteria in Subsection 18.780.050.(Ord. 18-28 §1) Chapter 18.790 TEXT AND MAP AMENDMENTS 18.790.030 Quasi-Judicial Amendments Omnibus Amendments Page 25 of 28 Proposed Code Amendment A. Approval process. 2. Quasi-judicial comprehensive plan map amendments are processed through a Type III-Modified procedure, as provided in Section 18.710.080, which is decided by the Ceity Ceouncil with a recommendation by nalanning Ceommission. 3. Quasi-judicial zoning map amendments that require a comprehensive map plan amendment are processed through a Type III-Modified procedure, as provided in Section 18.710.080, which is decided by the Ceity Ceouncil with a recommendation by Planning Ceommission. Chapter 18.810 LOT LINE ADJUSTMENTS AND CONSOLIDATIONS 18.810.020 Approval Process A. Approval process.Applications for lot line adjustments and lot consolidations are processed through a Type I procedure,as provided in Section 18.710.050,using approval criteria in Section 18.810.030. 18.810.030 Approval Criteria A. Approval criteria.The approval authority will approve or approve with conditions an application for a lot line adjustment or lot consolidation when all of the following are met: 3. The proposed lots comply with the following: a. All lots created for housing meet the density requirements for the housing type proposed. e. Each lot is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of an existing natural feature or lot shape. Side and rear lot . • - - . .- . . ; -. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners,as measured using the process of Subsection 18.40.060.C. h. Lots created using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the lot line adjustment or consolidation application. This deed restriction cannot be removed except through another land division or lot line adjustment process. 4. With regard to flag lots: b. A sight-obscuring fence must be provided along the property line of a lot of record where the paved access is located within 10 feet of an abutting lot. Chapter 18.820 7 rt "" LAND PARTITIONS z ,.. Vim.. 18.820.030 Approval Process A. Approval process. Applications for land partition are processed through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Section 18.820.040. Omnibus Amendments Page 26 of 28 Proposed Code Amendment 18.820.040 Approval Criteria D. All proposed lots comply with the following: 5. Each lot is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of an existing natural feature or lot shape.Side and rear lot lines must be straight whcrc practicable. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners,as measured using the process of Subsection 18.40.060.C. E. With regard to flag lots: 2. A sight-obscuring fence must be provided along the property line of a lot of record where the paved access is located within 10 feet of an abutting lot. Chapter 18.830 SUBDIVISIONS , 18.830.030 Approval Process A. Approval process. Applications for a preliminary plat for subdivision are processed through a Type II procedure,as provided in Section 18.710.060,using the approval criteria in 18.830.010.An application for subdivision may also be reviewed concurrently with an application for a planned development, as provided in Chapter 18.770,Planned Developments. 18.830.040 Approval Criteria—Preliminary Plat A. Approval criteria. The approval authority will approve or approve with conditions an application for a preliminary plat when all of the following are met: 2. All lots must comply with the following: c. Each lot is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of an existing natural feature or lot shape. Side and rear lot lines must be straight where practicable. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners. • �� Chapter 18.920 ` sh ¢ " :; t ACCESS,EGRESS,AND CIRCULATION - __4-'- 18.920.030 General Provisions I. Minimum access requirements for residential uses. 2. All lots must comply with the following: c. Each lot is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of an existing natural feature or lot shape. Side and rear lot Omnibus Amendments Page 27 of 28 Proposed Code Amendment lines must be straight where practicable. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.40.060.C.. Table 18.920.1 Vehicular Access/Egress Requirements_ Residential Uses Minimum Housing Type Driveways Minimum Access Minimum Pavement Width Required Required Single Detached Houses 1 10 ft 10 ft Quads 1 15 ft 15 ft Cottage Clusters 1 20 ft 20 ft Courtyard Units 1 20 ft 20 ft Rowhouses See Chapter 18.280,Rowhouses Apartments,2 units 1 10 ft 10 ft 24 ft if two-way Apartments, 3-49 units 1 30 ft 15 ft if one-way curbs and 5 ft walkway required Apartments, 50+400 24 ft units 2 30 ft curbs and 5 ft walkway required J. Minimum access requirements for nonresidentiakommcrcial and industrial uses. 1. Vehicle access, egress, and circulation for nonresidentialcommercial and industrial uses must comply with the standards provided in Table 18.920.2. Table 18.920.2 Vehicular Access/Egress Requirements: Nonresidential Uses Required Parking Minimum Number of Minimum Access Minimum Pavement Spaces Driveways Required Width 0-99 1 30 ft 24 ft curbs required 100+ 2 30 ft 24 ft curbs required 1 50 ft 40 ft curbs required Omnibus Amendments Page 28 of 28 Exhibit B Zoning Districts Map Changes C-P City of TigardigrP R-25 MUE \06 Downtown Plan District Map Amendment 9G„G, R_12p/ ��a TI;GARD,= Existing Plan District Boundary and Zoning Map R° 9 ,,, ��` C-P1,k , �F y1Q �� R-25 PR ' c\F,c,, 4+' R-12 PR� P `'`� e +1► AP ♦ „ fi w r Y \�, WALNUT ST /! I-- � PR R-4.5 ,, \\:' ,\.\ 5,/ 1111 1 i It- ii 4 ilio„ t / It f42'e /4\ Plan Distrct '..1/ -.At PRS-.” 9� /`� ( . '< \\, ,,,_,%::/\\ P � �4. �/ r 11/ f Boundary T R-12 Baa y�; C. 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I 1.111P 411111 1� Q 1 I C �Di►�� IP Ii.uuu\* ir IL ill liE I �� �.n •.,, r 1.111. .... 111,re ) r-, � I II I I I 111 i iii: t .I , . fill II I I I I �•, *CCM 1.11 I '''' Exhibit D FINDINGS AND CONCLUSIONS This document contains all applicable city,regional,and state criteria that apply to the package of legislative map and text amendments known as the Tigard Downtown Plan District package (Land Use Files DCA2019-00001,CPA2019-00001,and ZON2019-00001) and describes how each criterion is met.Criteria that are not included are not considered applicable. A. TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.790: Map and Text Amendments 18.790.020 Legislative amendments are processed through a Legislative procedure,as provided in Section 18.710.110. FINDING: The proposed amendments are legislative in nature. Therefore, the amendments will be reviewed under the Legislative Procedure as set forth in the chapter. This standard is met. Chapter 18.710: Land Use Review Procedures 18.710.110.A All legislative applications require two hearings,one before the Planning Commission and one before City Council. Notice of hearings are required by state law and must also be published in a newspaper of general circulation in the city.Affidavits of mailing and publishing must be included in the record. FINDING: This procedure requires public hearings by both the Planning Commission and City Council. These public hearings will be conducted on June 17,2019 and July 9, 2019 respectively. This standard is met. State law provides for two specific noticing requirements for legislative changes. The first is notice to the Department of Land Conservation and Development(DLCD)of a proposed Post Acknowledgement Plan Amendment at least 35 days prior to the first hearing.Notice meeting this requirement was provided to DLCD on May 13,2019, 35 days prior to the first hearing.Notice is also required to be provided to property owners who may be affected by proposed map and text amendments under the provisions of Measure 56. This notice must be provided no less than 20 and no more than 40 days prior to the first hearing. Notice commensurate with this requirement was sent via United States Postal Service to affected parties on May 15, 2019, 33 days prior to the first hearing. This standard is met. CONCLUSION:Based on the findings above, the proposed map and text amendments are consistent with applicable provisions of the Tigard Development Code. B. TIGARD COMPREHENSIVE PLAN Chapter 1: Citizen Involvement Findings and Condusions(DCA2019-00001,CPA2019-00001 and ZON2019-00001) PAGE 1 OF 8 Exhibit D Policy 1.1.2 The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. FINDING:This policy has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.710.110 (Legislative Procedure). Notices were sent by US Postal Service on May 15, 2019 to affected government agencies.A Measure 56 notice was mailed on May 14,2019 to allproperly owners subject to zone changes, informing them of the proposed changes and providing contact information for staff and instructions on how to receive additional information about the changes.Notice was mailed to persons on the latest version of the City's interested parties list on May 30,2019.A notice was published in the Tigard Times newspaper on May 30,2019. Project information and documents were published to the City website prior to the public hearings. A minimum of two public hearings will be held(one before the Planning Commission and the second before the City Council)at which an opportunityfor public input is provided A minimum of three drafts of the proposed code changes(Public Review Draft, Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council)will be made available to the public for review prior to hearings and adoption. This policy is satisfied Chapter 2: Land Use Planning Policy 2.1.1 The City's land use program shall establish a clear policy direction,comply with state and regional requirements,and serve its citizens'own interests. FINDING: The proposed text and map amendments to the development code comply with all state and regional requirements, as the previous findings indicate. The proposed amendments streamline procedures and provide clarification to ambiguous, redundant, and contradictory language in the development code. The proposed amendments also establish a clear polig direction for the approval of development in the Tigard Downtown Plan District. This policy is satisfied Policy 2.1.2 The City's land use regulations,related plans,and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING:As demonstrated in these findings, the proposed map and text amendments are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3 The City shall coordinate the adoption,amendment,and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies and each agency was invited to comment on the proposal, as required by Section 18.710.110 (Legislative Procedure). Comments submitted by affected agencies have been incorporated into this report. This policy is satisfied Policy 2.1.12 The City's land use program shall promote the efficient use of land through the creation of incentives and redevelopment programs. Findings and Condusions(DCA2019-00001,CPA2019-00001 and ZON2019-00001) PAGE 2 OF 8 Exhibit D FINDING: The proposed amendments include provisions that promote the efficient use of land. The rezoning of a current residential area that is surrounded by incompatible commercial and industrial uses to include it in the Tigard Downtown Plan District will incentivise redevelopment and increase the capacity of that neighborhood to accommodate more housing and commercial development, leading to decreased pressure to develop greenfields and a more efficient use of land. This policy is satisfied Policy 2.1.5 The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. FINDING:The proposed amendments will continue to promote intense urban level development in the Metro-designated Town Center. The amendments will also streamline development in the Town Center by making the standards and procedures for approval clearer. In addition, the amendments will bring more land into the Tigard Downtown Plan District, increasing the capacity for urban level development in the city. This policy is satisfied Policy 2.1.6 The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. FINDING:The rezoning of a residential area to MU-CBD will increase the city's capacity for commercial and higher-density residential development. Each of these types of development increase the city's tax base over the low-density residential baseline in the area. The location in proximity to proposed light rail will encourage redevelopment with appropriate transit-oriented development, which will be important to provide some counterbalance to the anticipated loss of industrial land with the light railproject. This policy is satisfied Policy 2.1.24 In addition to other Comprehensive Plan goals and policies deemed applicable, amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following specific criteria: A.Transportation and other public facilities and services shall be available,or committed to be made available,and of sufficient capacity to serve the land uses allowed by the proposed map designation; B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; FINDING:The changes to the Comprehensive Plan map largely reconcile discrepancies between the Open Space designation and the Parks and Recreation Zone, and do not change prospective land uses in a way that will affect transportation or other public facilities. Further, the expansion of the MU-CBD designation to 15 properties is balanced by the removal of the MU-CBD designation from a similarly-sized area.Amendments to the Zoning Map will change the zoning of 16 residentially zoned properties from residential to MU-CBD. These properties are served by nearby transportation facilities, including state highway 99W and Hall Boulevard, as well as transit, with nearby access to the 42, 78, 94, 12, and 64 bus lines. In addition, a light rail station is planned in an area to the immediate south. These Findings and Condusions(DCA2019-00001,CPA2019-00001 and ZON2019-00001) PAGE 3 OF 8 Exhibit D properties are currently served by both sewer and water in Hall Boulevard and Hunziker Road The land uses allowed by the new designation are the same or similar to those land uses already allowed on surrounding properties;therefore, no disproportionate impacts on transportation and other public facilities are expected These policies are satisfied C.The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services,employment,housing, public and community services,etc.in the particular location,versus other appropriately designated and developable properties; D.Demonstration that there is an inadequate amount of developable, appropriately designated,land for the land uses that would be allowed by the new designation; FINDING: The changes to the Comprehensive Plan map largely reconcile discrepancies between the Open Space designation and the Parks and Recreation Zone, and do not change prospective land uses in a way that will affect transportation or other public facilities. Further, the expansion of the MU-CBD designation to 15 properties is balanced by the removal of the MU-CBD designation from a similarly-sized area. The areas to be rezoned from residential to MU-CBD are surrounded by commercial and industrial uses and are in the immediate vicinity of several transportation corridors and public transit lines. In addition, these areas are expected to redevelop with the construction of the Southwest Corridor light rail line. The current zoning is not appropriate for these conditions, and the rezoning meets a need for additional employment and housing lands. These policies are satisfied E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled; FINDING:The property at Hall Boulevard and Omara Street that is proposed to be rezoned from R-12 to MU-CBD is large enough to accommodate the types of development allowed in the Tigard Downtown Plan District. The properties along Knoll Drive are also large enough to accommodate compliant development,particularly trite assembly leads to larger sites. These properties are directly adjacent to a similar development, the Knoll senior affordable housing development at Hall Boulevard and Hun iker Road This policy is satisfied F. Land uses permitted by the proposed designation would be compatible,or capable of being made compatible,with environmental conditions and surrounding land uses;and FINDING:The property at Hall Boulevard and Omara Street that is proposed to be rezoned from R-12 to MU-CBD is adjacent to a city park and the Tigard Senior Center, which are both included in the MU-CBD zone. Therefore, it is compatible with surrounding land uses.As with the other areas toned MU-CBD along the Fanno Creek Park Greenway, this use is compatible with the environmental conditions, as no development is allowed in sensitive lands.As provided earlier in these findings, the properties to be rezoned along Knoll Drive are surrounded by other commercial, industrial, and MU-CBD zoning and the Findings and Conclusions(DCA2019-00001,CPA2019-00001 and ZON2019-00001) PAGE 4 OF 8 Exhibit D associated land uses in those toner These cones are more compatible with the proposed MU- CBD zoning than the existing residential zoning. This policy is satisfied. G. Demonstration that the amendment does not detract from the viability of the City's natural systems. FINDING:As previously provided, the natural areas in the vicinity of the tion changes are primarily in city ownership and are utilized as a natural greenway and park. Sensitive lands in both the park and any privately-owned land are protected through the provisions of the Tigard Development Code and the regulations of Clean Water Services. The area proposed to change from PR tion to MU-CBD is not within sensitive lands. This policy is satisfied Policy 2.1.19 The Planning Commission may at any time recommend to the City Council that it consider initiating legislative amendments to the Comprehensive Plan, Plan/Zoning Maps,and/or Community Development Code. FINDING: The recommendation of the Planning Commission regarding the proposed changes will be brought to the City Council for consideration of adoption. This policy is satisfied through the provisions of 18.710.110 (Legislative Procedure). Chapter 15: Downtown Policy 15.2.1 New zoning,design standards,and design guidelines shall be developed and used to ensure the quality,attractiveness,and special character of the Downtown as the "heart" of Tigard,while being flexible enough to encourage development. FINDING: No new zoning, design standards, or design guidelines are included in the proposed amendments. However, the proposed consolidation and streamlining of the existing code provisions, as well as the flexibiliO provided by the new adjustment process, lower barriers to development and increase the likelihood of development. This policy is satisfied Policy 15.2.6 New housing in the downtown shall provide for a range of housing types, including ownership,workforce,and affordable housing in a high quality living environment. FINDING: The proposed code changes include provisions that incentivize the development of more affordable housing options through flexible density and height bonuses that are available to certain qualified affordable housing developments. This policy is satisfied CONCLUSION: Based on the findings above,the proposed map and text amendments are consistent with applicable provisions of the Tigard Comprehensive Plan. Findings and Conclusions(DCA2019-00001,CPA2019-00001 and ZON2019-00001) PAGE 5 OF 8 Exhibit D C. METRO CODE 3.07 (Urban Growth Management Functional Plan) Title 1 The Regional Framework Plan calls for a compact urban form and a"fair- share"approach to meeting regional housing needs. It is the purpose of Title 1 to accomplish these policies by requiring each city and county to maintain or increase its housing capacity except as provided in section 3.07.120. FINDING: Title 1 has been met by increasing the housing capacity in Tigard The rezoning of 15 properties along Knoll Drive and Hall Boulevard from R-4.5 to MU-CBD will allow for increased housing capacity. This title is satisfied. Title 6 The Regional Framework Plan identifies Centers,Corridors,Main Streets and Station Communities throughout the region and recognizes them as the principal centers of urban life in the region.Title 6 calls for actions and investments by cities and counties,complemented by regional investments,to enhance this role.A regional investment is an investment in a new high-capacity transit line or designated a regional investment in a grant or funding program administered by Metro or subject to Metro's approval. FINDING:The proposed code changes involve one of the city's adopted Town Centers—the Downtown Plan District. This Town Center is in proximity to a regional investment in new high-capacity transit, the Southwest Corridor light rail line. Section 3.07.640(a)of Title 6 states: "(a)A Centers, Corridors, Station Communities and Main Streets need a critical number of residents and workers to be vibrant and successful. The following average number of residents and workers per acre is recommended for each:... (5)Town Centers-40 persons" The minimum residential density in the Tigard Downtown Plan District ranges from 15 units per acre up to 50 units per acre. The US Census reports an average household size of 2.49 persons in Tigard, which would result in approximately 45 residents per acre. The various allowances and requirements for commercial spaces results in the Tigard Downtown Plan District means that workers will increase the total persons in the district, surpassing the recommendation. This title is satisfied Title 8 A city or county proposing an amendment to a comprehensive plan or land use regulation shall submit the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the amendment and shall comply with the functional plan. FINDING: Notice and a copy of the proposed code amendments were provided to Metro on May 13,2019.No comments were received. CONCLUSION: Based on the findings above, Planning Commission finds that the proposed map and amendments are consistent with Metro's Urban Growth Management Functional Plan. Findings and Conclusions(DCA2019-00001,CPA2019-00001 and ZON2019-00001) PAGE 6 OF 8 Exhibit D D. STATEWIDE PLANNING GOALS (Oregon Revised Statutes Chapter 197) Goal 1 This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING:This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.710.110 (Legislative Procedure). Notices were sent by US Postal Service on May 15,2019 to affected government agencies.A Measure 56 notice was mailed on May 14,2019 to all properg owners subject to tone changes, informing them of the proposed changes and providing contact information for staff and instructions on how to receive additional information about the changes. Notice was mailed to persons on the latest version of the City's interested parties list on May 30,2019.A notice was published in the Tigard Times newspaper on May 30,2019. Project information and documents were published to the City website prior to the public hearings. A minimum of two public hearings will be held(one before the Planning Commission and the second before the City Council)at which, an opportunity for public input is provided.A minimum of three drafts of the proposed code changes(Public Review Draft, Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council)will be made available to the public for review prior to hearings and adoption. This goal is satisfied. Goal 2 This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development(DLCD)has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Goal 10 This goal requires cities and counties to provide adequate capacity for needed housing. OAR Chapter 660 Division 8,which implements Goal 10, states that "the purpose of the division is to ensure opportunity for the provision of adequate numbers of needed housing units,the efficient use of buildable land within urban growth boundaries,and to provide greater certainty in the development process so as to reduce housing costs." FINDING: The city conducted an analysis of housing needs and capacity in 2012 as part of an update to Chapter 10 of the Tigard Comprehensive Plan. This analysis found the capacity to build 6,714 units on 600 acres throughout the city. The analysis also found that 6,545 new units were needed by 2032. Once the types of needed housing were compared with the inventory of buildable lands, the capacity dropped to 6,457, a shortfall of 88 units. • The proposed code changes do not decrease housing supply or capacity. They will allow for increased density in areas retioned from R-4.5 to MU-CBD. Findings and Condusions(DCA2019-00001,CPA2019-00001 and ZON2019-00001) PAGE 7 OF 8 Exhibit D The city may only apply clear and objective standards to housing under Goal 10. These code changes include only clear and objective standards where applied to housing. CONCLUSION: Based on the findings above and the related findings below, the proposed map and text amendments are consistent with applicable Statewide Planning Goals. Findings and Conclusions(DCA2019-00001,CPA2019-00001 and ZON2019-00001) PAGE 8 OF 8 Attachment 4 Agency Comments Schuyler Warren From: Schuyler Warren Sent: Wednesday, May 22, 2019 10:22 AM To: Debbaut, Anne Subject: RE: CPA2019-00001, ZON2019-00001, DCA2019-00001:The City of Tigard Thank you Anne, I have added your comment to the case file, and will be sure to address Goal 10 findings in the staff report.This change will increase housing capacity in the areas that are rezoned to the downtown plan district,which has higher minimum and maximum density requirements than the R-4.5 zone. Best regards, Schuyler Schuyler Warren Associate Planner schuylerw@tigard-or.gov 503-718-2437 From: Debbaut,Anne<anne.debbaut@state.or.us> Sent:Wednesday, May 22, 2019 10:06 AM To:Schuyler Warren<SchuylerW@tigard-or.gov> Subject:CPA2019-00001,ZON2019-00001, DCA2019-00001:The City of Tigard Caution!This message was sent from outside your organization. Allow sender I Block sender Hi Schuyler, Thank you for the plan amendment notice for the city's proposed map changes to its Comprehensive Plan Map,Zoning Map, and text changes to the Tigard Community Development Code related to the Downtown Tigard Plan District.This was a big project and worthwhile for a number of reasons. I recommend that the staff report include Goal 10 findings for the proposed changes from Residential to Community Business District and other changes that may affect housing availability. The proposed changes to the CBD zoning likely provide additional housing options, however, it's important to address if and how this proposal affects the need outlined in the city's housing needs analysis. Let me know if you have questions. Best, Anne 1 Anne Debbaut Metro Regional Representative ;.,:s.oppeow Oregon Department of Land Conservation and Development Mr 1600 SW Fourth Avenue, Suite 109 I Portland, OR 97201 �� � Direct: 503-725-2182 I Cell:503-804-0902 email.address(a�state.or.us I www.oreoon.gov/LCD 2 Hearing Date: July 9,2019 Time: 7:30 PM PLANNING COMMISSION RECOMMENDATION TO THE .1111 CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CASE NO.: Comprehensive Plan Map Amendment(CPA) CPA2019-00001 Zoning Map Amendment(ZON) ZON2019-00001 Development Code Amendment(DCA) DCA2019-00001 PROPOSAL: The City of Tigard proposes legislative map and text amendments to the Comprehensive Plan Map,the Zoning Map,and the Tigard Development Code (MC).The text amendments include the following: 1. Reorganization of Chapter 18.650,Tigard Downtown Plan District to remove redundancies and provide better clarity; 2. Revision of the procedures for review of development in the Tigard Downtown Plan District; 3. Replacement of the optional Type III-DR(Design Review) procedure with a Type II procedure to adjust certain standards; 4. Addition of Chapter 18.350,Residential Zone Development Standards to provide basic standards for nonresidential development in residential zones; 5. Revision of Chapter 18.740,Conditional Uses to coordinate the approval criteria with the new standards in Chapter 18.350; 6. Removal of outdated and obsolete standards; 7. Addition of a density and height bonus for qualified affordable housing;and 8. Miscellaneous code fixes and necessary clarifying language identified by staff. The proposed text and map amendments for the Planning Commission's review are included in Attachments 1, 2, and 3, and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: Citywide LOCATION: Citywide APPLICABLE REVIEW TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 1 OF 14 CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning); and 10 (Housing); METRO's Urban Growth Management Functional Plan Titles 6 and 8; Comprehensive Plan Goals 1.1.2, 2.1.3, 2.1.4, 2.1.5, 2.1.6, 2.1.15, 2.1.19, 15.2.1, and 15.2.6;and Tigard Development Code Chapters 18.710 and 18.795. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission recommends approval by ordinance of the proposed development code text amendments (Attachment 1) and the map amendments (Attachments 2 and 3) as further amended by staff and with any alterations as determined through the public hearing process. SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY This project is part of a comprehensive multi-year effort to modernize and streamline the development code to provide a document that is easier to read,understand,and navigate,and utilize. Phase I of the code update project,completed in 2017,concentrated on smaller non-policy issues and code reorganization. Phases IIA and B on policy changes related to housing policy,commercial and industrial development standards,parking standards,small cell wireless facilities,streamlined and updated procedures for land use approvals, further reorganization,and non-policy changes to language. This small project is focused on updating and streamlining the process and procedures in the Tigard Downtown Plan District without completely rewriting the chapter. The result is intended to be a chapter that is more user-friendly,with a dearer presentation of the procedures,approval criteria,and design and development standards for the plan district. Included with the text changes are certain map changes that clean up discrepancies between the Comprehensive Plan Map and the Zoning Map,and rezone certain properties along Hall Boulevard from residential to the Mixed-use Central Business District (MU-CBD) designation. The code amendment package also includes omnibus changes that fix issues with Title 18 generally,provide further clarity to previously ambiguous terms and standards,and rectify inadvertent omissions. Chapter 18.650 Tigard Downtown Plan District Most of the text changes in Chapter 18.650,Tigard Downtown Plan District do not involve changes to policies or procedures.The following list summarizes those text changes that do represent a change in policy or procedure: o Approvals for land use in the plan district are currently processed through a series of"tracks", including a design compliance letter (track 1), a downtown design review (track 2),and a discretionary design review(track 3).The proposed amendments will bring these procedures into alignment with the rest of the code by reconfiguring the first two procedures as Type I and Type II reviews,while the third review will be reconfigured as a plan district-specific adjustment in the manner of the Tigard Triangle Plan District adjustment procedures. o The current approval criteria for the track 3 discretionary design review are provided in two different sections of the chapter and are in conflict.The proposed code language consolidates those procedures under the adjustment process and resolves the conflicts. o The current criteria for the track 3 discretionary design review requires the applicant to demonstrate compliance with the intent statements in a specific section of the chapter. However, these intent statements are duplicative with the intent statements in the building design standards section, except TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 2 OF 14 that they provide example images.The images being unnecessary,this section of the chapter is proposed to be removed. o The approval authority for the track 3 discretionary design review is currently a design review board, which is a subcommittee of the Planning Commission. However,convening this committee to review what is essentially an adjustment unnecessarily adds process and time to the land use approval.The proposed language changes the approval authority for the adjustment process that replaces track 3 from the design review board to the Director. o With this change,the design review board is no longer needed as an approval authority, and the proposed changes remove all references to that body. o The current code provides for flexibility in specific standards when certain criteria are met,however, there is no clear procedure for issuing an approval for flexibility.The proposed language provides that these flexible standards will be reviewed through the new downtown adjustment procedure. o Two additional flexible standards have been added in the form of density and height bonuses for qualified affordable housing.A height bonus of 20 feet is allowed for any project that includes at least 20%affordable units,while the density bonus varies,and increases with the number of affordable units provided. Chapter 18.350 Residential Zone Development Standards The reorganization of the code to move development standards for housing types out of Chapter 18.110, Residential Zones and the revision of the procedures for conditional use approvals in Chapter 18.740, Conditional Uses resulted in a situation where there were no clear baseline standards for nonresidential development in residential zones. Under the current code,all of these nonresidential uses are conditional uses, allowing staff to require certain standards to ensure compatibility. However,this situation provides less certainty and clarity to both staff and applicants about what basic standards should apply in these situations. This new chapter provides basic standards related to minimum and maximum setbacks,maximum height,lot coverage and landscaping,parking,windows,and facades. Chapter 18.740 Conditional Uses With the new standards in Chapter 18.350,the approval criteria in Chapter 18.740 required revision to ensure that the basic standards are addressed in conditional use approvals. In addition,language was added that clarifies that staff may require more strict standards than those in the code to address issues of compatibility for conditional uses. Omnibus Changes The text changes also include a number of small changes that add clarifying language,reword confusing passages,and fix inadvertent oversights and omissions. Chapter 18.20 Administration and Enforcement Clarifies that final plats do not expire. Chapter 18.30 Definitions Removes a requirement that the pole portion of a flag lot provides the only access. Fixes a reference to lot averaging based on housing type. Removes a requirement that partitions and subdivisions of contiguous units of land be in common ownership at the beginning of a calendar year to allow site assembly. TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 3 OF 14 Chapter 18.40 Measurements Clarifies that the pole portion of a flag lot is not included in the calculation of lateral changes to lot lines. Removes a reference to"habitable" stories in the measurement of floor area since not all areas included in the measurement are considered habitable under the building code. Clarifies that garages are included in the square footage of an accessory dwelling unit except in the case that the unit is built above an existing garage. Corrects an omission in the measurement of residential density where a certain lot size per unit is required. Chapter 18.220 Accessory Dwelling Units Clarifies that the maximum square footage of attached accessory dwelling units is determined on a per-unit basis,not as a total. Clarifies that two accessory dwelling units may both have entrances on a street side lot line. Clarifies that separate calculation of square footage for an accessory dwelling unit attached to an accessory structure is only permissible when the accessory structure is pre-existing and is being partially converted or added onto. Chapter 18.230 Apartments Clarifies that each building facade that faces a street or required open space must include two architectural features per facade,not per building. Chapter 18.250 Courtyard Units Removes a reference to lot coverage in courtyard unit developments,which have no lot coverage standard. Chapter 18.290 Single Detached Houses Corrects an omission that resulted in no development standards for non-conforming single detached houses and accessory structures in the R-25 zone. Clarifies the requirements for garage door placement relative to the plane of the habitable areas of a single detached house. Chapter 18.330 Industrial Development Replaces pedestrian access standards for industrial zone development. Chapter 18.410 Off-Street Parking and Loading Clarifies wording related to minimum bicycle parking requirements. Chapter 18.420 Landscaping and Screening Adds language that allows required above-ground vegetated stormwater facilities to count toward minimum landscaping requirements. Chapter 18.435 Signs TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 4 OF 14 Reworded for clarity and brevity. Corrects erroneous reference. Revises standards for display of flags to be consistent with case law. Chapter 18.440 Temporary Uses Clarifies that seasonal events in the right-of-way that have been approved by the police department are exempt from temporary use permits. Chapter 18.640 River Terrace Plan District Clarifies that reduced minimum lot size is per dwelling unit for rowhouse developments. Clarifies that entrances must be set back a minimum distance from wall that enclose living area,not garages. Clarifies the requirements for garage door placement relative to the plane of the habitable areas of a single detached house. Chapter 18.660 Tigard Triangle Plan District Clarifies that the minimum number of bicycle spaces is based on any portion of required length. Chapter 18.670 Washington Square Regional Center Plan District Corrects two erroneous references to Chapter 18.435,Signs. Chapter 18.710 Land Use Review Procedures Adds the adjustment process for the Tigard Downtown Plan District. Clarifies the procedural distinction between minor and major modifications. Removes the requirement for pre-application conferences for home occupations, extensions, and complex tree removals. Removes references to the Design Review Board and Type III-DR procedures. Changes the notice of decision requirements for Type II procedures to match the requirements for Type III procedures. Clarifies that the approval authority may remand decisions in Type III- Modified procedures. Chapter 18.760 Home Occupations Clarifies that home day care is exempt from home occupation permits. Removes discretionary criteria from Type I decisions. Clarifies that all motor vehicle painting is prohibited. Chapter 18.810 Lot Line Adjustments and Consolidations Clarifies language related to side lot lines. Removes inadvertent references to creation of lots. Removes reference to lot of record in screening requirements for flag lots. Chapter 18.820 Land Partitions Clarifies language related to side lot lines. Removes reference to lot of record in screening requirements for flag lots. Chapter 18.830 Subdivisions TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 5 OF 14 Clarifies language related to side lot lines. Chapter 18.920 Access, Egress, and Circulation Corrects an omission of access requirements for apartment development of over 100 units. Clarifies language regarding access requirements for nonresidential uses. Comprehensive Plan Map When the Comprehensive Plan Map was first drawn,large areas around waterways including Fanno Creek were designated as Open Space (OS).The Comprehensive Plan defines the OS designation as: Open Space— These areas are designated for retention in a natural state and for development of recreational uses. At the time that the designation was created,it did not have an associated designation on the Zoning Map. So properties that were designated as OS in the Comprehensive Plan Map were designated as either residential, commercial,or industrial on the Zoning Map. When the Parks and Recreation (PR) Zone was created in 2013 and city lands were designated as such, the new zone and the OS comprehensive plan designation were not reconciled between the two maps. Further,because the OS plan designation as originally drawn was unique because it followed natural systems rather than property boundaries. This meant that it included some areas that were already developed and were not in public ownership. The map changes proposed will reconcile the discrepancies between the OS plan designation and the PR zone, which should align. They also reconfigure the OS plan designation to follow property line boundaries where the plan designation conflicts with existing development or private ownership. In addition,the neighborhood around Chelsea Loop,south of Fanno Creek Park is proposed to be re- designated from Mixed-use Central Business District (MU-CBD) plan designation to Medium-density residential (NI).This area is zoned R-12 and is already developed with single detached houses that are very unlikely to redevelop,and so the MU-CBD plan designation is not appropriate. Finally,the map changes include a comprehensive plan designation change for 15 properties along Knoll Drive and Hall Boulevard from low-density residential (L) to MU-CBD.This area is surrounded by areas designated as industrial,commercial,and MU-CBD. Zoning Map The proposed zoning map changes include the following: o Rezoning of a privately-owned residential property that was separated from the larger Woodard Park parcel through a lot line adjustment and sold by Metro's real estate division in 2017 from PR to R-4.5 (residential). o Rezoning of the property at 13405 SW Hall Blvd. (Tigard Christian Church) from R-12 (residential) to MU-CBD to match the Comprehensive Plan Map designation of MU-CBD. o Rezoning a portion of the property containing the Tigard Senior Center from PR to MU-CBD. TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 6 OF 14 o Rezoning 15 properties along Knoll Drive and Hall Boulevard from R-4.5 to MU-CBD.This pocket of residentially-zoned land is currently surrounded by commercial and industrial zones and the downtown plan district. Changes to City Council Draft There were only minor changes from the public draft and the proposed draft. The changes include: • Addition of Chapter 18.350, Residential Zone Development Standards, in accordance with the recommendation of the Planning Commission, • Revision of language in Chapter 18.740, Conditional Uses, to further clarify approval criteria and to coordinate with the new Chapter 18.350. • Revision of language regarding approval processes and criteria throughout the code to bring consistency and clarity,and • Miscellaneous small changes. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide goals are addressed below. Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.710.110 (Legislative Procedure). Notices were sent by US Postal Service on May 15, 2019 to affected government agencies.A Measure 56 notice was mailed on May 14,2019 to all property owners subject to zone changes, informing them of the proposed changes and providing contact information for staff and instructions on how to receive additional information about the changes. Notice was mailed to persons on the latest version of the City's interested parties list on May 30, 2019. A notice was published in the Tigard Times newspaper on May 30, 2019. Project information and documents were published to the City website prior to the public hearings. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which, an opportunity for public input is provided. A minimum of three drafts of the proposed code changes (Public Review Draft, Proposed Draft to the Planning Commission,and Planning Commission Recommendation to City Council)will be made available to the public for review prior to hearings and adoption.This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 7 OF 14 state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 10—Housing: This goal requires cities and counties to provide adequate capacity for needed housing. OAR Chapter 660 Division 8, which implements Goal 10, states that "the purpose of the division is to ensure opportunity for the provision of adequate numbers of needed housing units, the efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the development process so as to reduce housing costs." FINDING: The city conducted an analysis of housing needs and capacity in 2012 as part of an update to Chapter 10 of the Tigard Comprehensive Plan.This analysis found the capacity to build 6,714 units on 600 acres throughout the city. The analysis also found that 6,545 new units were needed by 2032. Once the types of needed housing were compared with the inventory of buildable lands,the capacity dropped to 6,457,a shortfall of 88 units. The proposed code changes do not decrease housing supply or capacity. They will allow for increased density in areas rezoned from R-4.5 to MU-CBD. The city may only apply clear and objective standards to housing under Goal 10. These code changes include only clear and objective standards where applied to housing. CONCLUSION: Based on the findings above and the related findings below,Planning Commission finds the proposed map and text amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities within the Metro service area to adopt and amend Comprehensive Plans and land use regulations in compliance with Metro's Urban Growth Management Functional Plan. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in METRO's Urban Growth Management Functional Plan, only applicable Titles are addressed below. Title 1—Housing Capacity The Regional Framework Plan calls for a compact urban form and a "fair-share" approach to meeting regional housing needs. It is the purpose of Title 1 to accomplish these policies by requiring each city and county to maintain or increase its housing capacity except as provided in section 3.07.120. FINDING: Title 1 has been met by increasing the housing capacity in Tigard. The rezoning of 15 properties along Knoll Drive and Hall Boulevard from R-4.5 to MU-CBD will allow for increased housing capacity. This title is satisfied. Title 6—Centers, Corridors, Station Communities and Main Streets The Regional Framework Plan identifies Centers, Corridors, Main Streets and Station Communities throughout the region and recognizes them as the principal centers of urban life in the region. Title 6 calls for actions and investments by cities and counties, complemented by regional investments, to enhance this role. A regional investment is an investment in a new high-capacity transit line or designated a regional investment in a grant or funding program administered by Metro or subject to Metro's approval. TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 8 OF 14 FINDING: The proposed code changes involve one of the city's adopted Town Centers — the Downtown Plan District. This Town Center is in proximity to a regional investment in new high-capacity transit, the Southwest Corridor light rail line. Section 3.07.640(a) of Title 6 states: "(a) A Centers, Corridors, Station Communities and Main Streets need a critical number of residents and workers to be vibrant and successful. The following average number of residents and workers per acre is recommended for each:... (5) Town Centers - 40 persons" The minimum residential density in the Tigard Downtown Plan District ranges from 15 units per acre up to 50 units per acre. The US Census reports an average household size of 2.49 persons in Tigard,which would result in approximately 45 residents per acre. The various allowances and requirements for commercial spaces results in the Tigard Downtown Plan District means that workers will increase the total persons in the district, surpassing the recommendation.This title is satisfied. Title 8—Compliance Procedures A city or county proposing an amendment to a comprehensive plan or land use regulation shall submit the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the amendment. The COO may request, and if so the city or county shall submit, an analysis of compliance of the amendment with the functional plan. If the COO submits comments on the proposed amendment to the city or county, the comment shall include analysis and conclusions on compliance and a recommendation with specific revisions to the proposed amendment, if any, that would bring it into compliance with the functional plan. The COO shall send a copy of comment to those persons who have requested a copy. FINDING: Notice and a copy of the proposed code amendments were provided to Metro on May 13, 2019. No comments were received. CONCLUSION: Based on the findings above, Planning Commission finds that the proposed map and amendments are consistent with Metro's Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with their adopted comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. FINDING: This policy has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.710.110 (Legislative Procedure). Notices were sent by US Postal Service on May 15, 2019 to affected government agencies. A Measure 56 notice was mailed on May 14,2019 to all property owners subject to zone changes, informing them of the proposed changes and providing contact information for staff and instructions on how to receive additional information about the changes. Notice was mailed to persons on the latest version of the City's interested parties list on May 30, 2019. A notice was published in the Tigard Times newspaper on May 30, 2019. Project information and documents were published to the City website prior to the public hearings. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. A minimum of three drafts of the proposed code changes (Public Review Draft, Proposed Draft to the Planning Commission,and Planning Commission Recommendation to City Council) will be made available to the public for review prior to hearings and adoption. This policy is satisfied. TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 9 OF 14 Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. FINDING: The proposed text and map amendments to the development code comply with all state and regional requirements,as the previous findings indicate. The proposed amendments streamline procedures and provide clarification to ambiguous, redundant, and contradictory language in the development code. The proposed amendments also establish a clear policy direction for the approval of development in the Tigard Downtown Plan District.This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this recommendation, the proposed map and text amendments are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies and each agency was invited to comment on the proposal,as required by Section 18.710.110 (Legislative Procedure) and discussed in Section V of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is satisfied. Policy 2.1.4: The City's land use program shall promote the efficient use of land through the creation of incentives and redevelopment programs. FINDING: The proposed amendments include provisions that promote the efficient use of land. The rezoning of a current residential area that is surrounded by incompatible commercial and industrial uses to include it in the Tigard Downtown Plan District will incentivize redevelopment and increase the capacity of that neighborhood to accommodate more housing and commercial development, leading to decreased pressure to develop greenfields and a more efficient use of land.This policy is satisfied. Policy 2.1.5:The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. FINDING: The proposed amendments will continue to promote intense urban level development in the Metro-designated Town Center. The amendments will also streamline development in the Town Center by making the standards and procedures for approval clearer. In addition, the amendments will bring more land into the Tigard Downtown Plan District, increasing the capacity for urban level development in the city. This policy is satisfied. Policy 2.1.6: The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. FINDING:The rezoning of a residential area to MU-CBD will increase the city's capacity for commercial and higher-density residential development. Each of these types of development increase the city's tax base over TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 10 OF 14 the low-density residential baseline in the area. The location in proximity to proposed light rail will encourage redevelopment with appropriate transit-oriented development, which will be important to provide some counterbalance to the anticipated loss of industrial land with the light rail project.This policy is satisfied. Policy 2.1.15: In addition to other Comprehensive Plan goals and policies deemed applicable, amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following specific criteria: A. Transportation and other public facilities and services shall be available, or committed to be made available, and of sufficient capacity to serve the land uses allowed by the proposed map designation; B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; FINDING: The changes to the Comprehensive Plan map largely reconcile discrepancies between the Open Space designation and the Parks and Recreation Zone, and do not change prospective land uses in a way that will affect transportation or other public facilities. Further, the expansion of the MU-CBD designation to 15 properties is balanced by the removal of the MU-CBD designation from a similarly-sized area. Amendments to the Zoning Map will change the zoning of 16 residentially zoned properties from residential to MU-CBD. These properties are served by nearby transportation facilities, including state highway 99W and Hall Boulevard, as well as transit, with nearby access to the 42, 78, 94, 12, and 64 bus lines. In addition, a light rail station is planned in an area to the immediate south. These properties are currently served by both sewer and water in Hall Boulevard and Hunziker Road. The land uses allowed by the new designation are the same or similar to those land uses already allowed on surrounding properties;therefore,no disproportionate impacts on transportation and other public facilities are expected.These policies are satisfied. C. The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services, employment, housing,public and community services, etc. in the particular location, versus other appropriately designated and developable properties; D. Demonstration that there is an inadequate amount of developable, appropriately designated,land for the land uses that would be allowed by the new designation; FINDING: The changes to the Comprehensive Plan map largely reconcile discrepancies between the Open Space designation and the Parks and Recreation Zone, and do not change prospective land uses in a way that will affect transportation or other public facilities. Further, the expansion of the MU-CBD designation to 15 properties is balanced by the removal of the MU-CBD designation from a similarly-sized area. The areas to be rezoned from residential to MU-CBD are surrounded by commercial and industrial uses and are in the immediate vicinity of several transportation corridors and public transit lines. In addition, these areas are expected to redevelop with the construction of the Southwest Corridor light rail line. The current zoning is not appropriate for these conditions, and the rezoning meets a need for additional employment and housing lands. These policies are satisfied. E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled; FINDING: The property at Hall Boulevard and Omara Street that is proposed to be rezoned from R-12 to MU-CBD is large enough to accommodate the types of development allowed in the Tigard Downtown Plan District. The properties along Knoll Drive are also large enough to accommodate compliant development, particularly if site assembly leads to larger sites. These properties are directly adjacent to a similar development, TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 11 OF 14 the Knoll senior affordable housing development at Hall Boulevard and Hunziker Road. This policy is satisfied. F. Land uses permitted by the proposed designation would be compatible, or capable of being made compatible,with environmental conditions and surrounding land uses; and FINDING: The property at Hall Boulevard and Omara Street that is proposed to be rezoned from R-12 to MU-CBD is adjacent to a city park and the Tigard Senior Center, which are both included in the MU-CBD zone. Therefore, it is compatible with surrounding land uses. As with the other areas zoned MU-CBD along the Fanno Creek Park Greenway, this use is compatible with the environmental conditions,as no development is allowed in sensitive lands. As provided earlier in these findings, the properties to be rezoned along Knoll Drive are surrounded by other commercial, industrial, and MU-CBD zoning and the associated land uses in those zones. These zones are more compatible with the proposed MU-CBD zoning than the existing residential zoning.This policy is satisfied. G. Demonstration that the amendment does not detract from the viability of the City's natural systems. FINDING: As previously provided, the natural areas in the vicinity of the zone changes are primarily in city ownership and are utilized as a natural greenway and park. Sensitive lands in both the park and any privately- owned land are protected through the provisions of the Tigard Development Code and the regulations of Clean Water Services. The area proposed to change from PR zone to MU-CBD is not within sensitive lands. This policy is satisfied. Policy 2.1.19: The Planning Commission may at any time recommend to the City Council that it consider initiating legislative amendments to the Comprehensive Plan, Plan/Zoning Maps, and/or Community Development Code. FINDING: The recommendation of the Planning Commission regarding the proposed changes will be brought to the City Council for consideration of adoption. This policy is satisfied through the provisions of 18.710.110 (Legislative Procedure). Policy 15.2.1: New zoning, design standards, and design guidelines shall be developed and used to ensure the quality, attractiveness, and special character of the Downtown as the "heart" of Tigard, while being flexible enough to encourage development. FINDING: No new zoning, design standards, or design guidelines are included in the proposed amendments. However, the proposed consolidation and streamlining of the existing code provisions,as well as the flexibility provided by the new adjustment process, lower barriers to development and increase the likelihood of development.This policy is satisfied. Policy 15.2.6: New housing in the downtown shall provide for a range of housing types, including ownership,workforce, and affordable housing in a high quality living environment. FINDING: The proposed code changes include provisions that incentivize the development of more affordable housing options through flexible density and height bonuses that are available to certain qualified affordable housing developments.This policy is satisfied. CONCLUSION: Based on the findings above, Planning Commission concludes that the proposed map and text amendments are consistent with applicable provisions of the Tigard TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 12 OF 14 Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.790: Zoning Map and Text Amendments 18.790.020 Legislative Amendments Legislative amendments are processed through a Legislative procedure, as provided in Section 18.710.110. FINDING: The proposed amendments are legislative in nature. Therefore, the amendments will be reviewed under the Legislative Procedure as set forth in the chapter.This standard is met. Section 18.710:Decision Making Procedures 18.710.110 Type IV Procedure Notice of hearing. 1. All Legislative applications require two hearings, one before the Planning Commission and one before the City Council. FINDING: This procedure requires public hearings by both the Planning Commission and City Council. These public hearings will be conducted on June 17,2019 and July 9,2019 respectively. This standard is met. 2. A notice of hearing will be provided as required by state law, and an affidavit of mailing will be included in the record that identifies the mailing date and the names and addresses of the mailing recipients. FINDING: State law provides for two specific noticing requirements for legislative changes. The first is notice to the Department of Land Conservation and Development (DLCD) of a proposed Post Acknowledgement Plan Amendment at least 35 days prior to the first hearing. Notice meeting this requirement was provided to DLCD on May 13, 2019, 35 days prior to the first hearing. Notice is also required to be provided to property owners who may be affected by proposed map and text amendments under the provisions of Measure 56. This notice must be provided no less than 20 and no more than 40 days prior to the first hearing. Notice commensurate with this requirement was sent via United States Postal Service to affected parties on May 15, 2019,33 days prior to the first hearing.This standard is met. CONCLUSION: Based on the findings above, Planning Commission concludes that the proposed map and text amendments are consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, Planning Commission concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's Urban Growth Management Functional Plan; applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS TVF&R, METRO, DOGAMI, ODOT, DLCD, DEQ, ODFW, CWS, OR Dept. of Aviation, OR TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 13 OF 14 Historic Preservation Office, OR Public Utilities Commission, TTSD, Comcast Cable, Frontier Communications, NW Natural, Century Link, PGE, Tigard Water District, and Tri-Met were notified of the proposed code text amendments. The Department of Land Conservation and Development submitted written comments. Those comments and the staff response are included in Attachment 4. SECTION VI. PUBLIC COMMENTS No public comments have been received at the time of the staff report. ATTACHMENTS: Attachments: 1. Draft Text Amendments 2. Draft Comprehensive Map Amendments 3. Draft Zoning Map Amendments 4. Agency Comments 5. Planning Commission Minutes June 26.2019 PREPARED BY: Schuyler Warren DATE, Associate Planner f� - !/ 4/' G June 26.2019 APPROVED BY: Tom McGuire DATE Assistant Community Development Director TIGARD DOWNTOWN PLAN DISTRICT MAP AND TEXT AMENDMENTS CPA2019-00001,ZONE2019-00001,DCA2019-00001 7/9/2019 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL PAGE 14 OF 14 CITY OF TIGARD PLANNING COMMISSION Minutes,June 17, 2019 Location: Tigard Civic Center Town Hall, 13125 SW Hall Blvd. CALL TO ORDER President Feeney called the meeting to order at 7:00 p.m. ROLL CALL Present: Vice President Hu Commissioner Brook Commissioner Jackson Alt. Commissioner Quinones Commissioner Roberts Alt. Commissioner Sarman Commissioner Schmidt Commissioner Tiruvallur Commissioner Watson Commissioner Whitehurst Absent: President Feeney Staff Present: Tom McGuire,Assistant Community Development Director; Joe Patton, Sr.Administrative Specialist; Schuyler Warren,Associate Planner COMMUNICATIONS—None. CONSIDER MINUTES Vice President Hu asked if there were any additions, deletions, or corrections to the May 6 minutes; there being none,Vice President Hu declared the minutes approved as submitted. OPEN LEGISLATIVE PUBLIC HEARING COMPREHENSIVE PLAN MAP AMENDMENT (CPA)2019-00001 ZONING MAP AMENDMENT (ZON)2019-00001 DEVELOPMENT CODE AMENDMENT(DCA)2019-00001 PROPOSAL: The City of Tigard proposes legislative amendments to the Comprehensive Plan Map, Zoning Map,and Tigard Community Development Code (TCDC). June 17,2019 Page 1 of 4 PLANNING COMMISSION Minutes STAFF REPORT Associate Planner Schuyler Warren introduced himself and gave a PowerPoint presentation (Exhibit A) outlining the need to streamline the Tigard Downtown Plan District chapter, reconcile the Comprehensive Plan map with the Zoning map, correct zoning designations in Fanno Creek Park, address a residential "island" at Knoll Drive, and other miscellaneous text changes. He outlined the existing structure of Tigard Municipal Code Chapter 18.650 followed by the proposed structure to more closely resemble the structure of other chapters in Title 18. He went on to briefly discuss the proposed bonuses, non-policy changes, small policy changes, and the concept of a new chapter to cover nonresidential development in residential zones before showing map examples of the existing discrepancies between the Comprehensive Plan map and the Zoning map in the Downtown Plan District, on Knoll Drive, Omara Street, and on Katherine Street. STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments (Attachment 1) and the map amendments (Attachments 2 and 3) as well as the concept of Chapter 18.350 with any alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. QUESTIONS Regarding the rezoning, since there are already existing houses, does that mean someone could buy one and turn it into a commercial use with noise pollution? The types of uses allowed downtown generally have low impact, but all potential impacts including noise,glare and parking are considered during the development process and would not automatically be approved. Many residents along Omara complain about drivers speeding,would the zone change result in a speed limit reduction? The speed limit would not change. Drivers speeding is more of a police enforcement issue. Is it possible to measure the benefits of the rezoning? It's difficult to have an accurate measurement of the impact of potential redevelopment.A lot of it is anecdotal because we don't have a lot of redevelopment to date in downtown. The Attwell is really the only major redevelopment project we have to date and that required city support so there may still be other barriers such as financing. How much thought has been given to adding more bike stands or parking for electric scooters? The bicycle parking is covered in a different chapter.Allowing e- scooters and other micro-mobility devices is more of a citywide issue and was intentionally left out of this chapter. TESTIMONY IN FAVOR Bill Reed—12360 SW Knoll Rd also owns 1390 SW Knoll Rd. He is very excited for the increased density as he can now develop his properties but suggested the 60% median household income threshold for affordable housing be changed to 80%. The alignment of the Southwest Corridor could affect many of the properties with zoning changes. Siting a parking structure on Hall Blvd. concerns him. TESTIMONY IN OPPOSITION—None. RESPONSE FROM STAFF The final alignment of the Southwest Corridor project is unknown, so this project did not look at that. It is possible the final alignment could affect some of the properties. The goal was to June 17,2019 Page 2 of 4 PLANNING COMMISSION Minutes allow these areas to exist in their current form while maximizing their redevelopment potential. Parking was a consideration and there is an existing parking reduction for affordable housing and senior housing. It was brought over into this chapter. Shared parking is a consideration. QUESTIONS OF STAFF Regarding the 60%median household income threshold for affordable housing,is that a city or state set level? That is the level set for affordable housing tax credits. There is no set overall threshold statewide, it varies a lot depending on the program.At the 80%threshold there is a lot less dculyfinding funding sources. The lower the percentage the more subsidies are needed to fund the project.At 60%they may need to add another floor to get enough units so it can pencil out. How does the affordable home ownership work? They are typically managed by a non profit organization. They buy propery and sell it to a family that meets their income requirements and subsidize the purchase of the home. In exchange, when the property is sold, it must be sold to a family that meets that organization's income requirements. In the meantime, the household builds equity which can be used to purchase a derent home or to pass on to their children. So what incentivizes a developer to build affordable housing? It is more likely to be a non-profit agent'. To clarify, 20% of the units must be at the 60% affordable housing threshold in order to build two additional floors? Correct that is what is known as incentive zoning. PUBLIC HEARING CLOSED DELIBERATION Commissioners expressed support for the changes. MOTION Commissioner Roberts made the following motion "I move the Planning Commission forward a recommendation of approval to the City Council for application Comprehensive Plan Map Amendment CPA2019-00001, Zoning Map Amendment ZON2019-00001,Development Code Amendment DCA2019-00001, and the concept of Chapter 18.350 Residential Development Standards based on the terms and conditions contained in the staff report and the testimony today.The motion was seconded by Commissioner Jackson. VOTE All in favor, none opposed, none abstained. RESULT Motion to recommend approval to Council passes unanimously (8-0). OTHER BUSINESS Tom McGuire announced he is searching for a date to hold a Joint meeting with Council and Planning Commission. Once the date is set he will let the Commissioners know. There will be another River Terrace phase coming before the Planning Commission. It is currently in the concept phase. ADJOURNMENT June 17,2019 Page 3 of 4 PLANNING COMMISSION Minutes President Feeney adjourned the meeting at 8:29 p.m. Joe Patton,Sr. Administrative Specialist AITEST: President Brian Feeney June 17,2019 Page 4 of 4 City ofTigard Respect and Care I Do the Right Thing I Get it Done Tigard Downtown Plan District Comprehensive Map Amendment Proposal Zoning Map Amendment Proposal Development Code Amendment Proposal (CPA2019-00001, ZON2019-00001, DCA 2019-00001) City Council Public Hearing July 9, 2019 TIGARD Introduction City ofTigard Needs • Streamline Tigard Downtown Plan District Chapter • Reconcile Comprehensive Plan Map with Zoning Map • Correct zoning designation on Fanno Creek Park. Other Issues • Address residential "island" at Knoll Drive. • Clarity for conditional uses in residential zones. • Miscellaneous text changes. Chapter 18 . 650 City ofTigard Tigard Downtown Plan District • Existing issues with procedures - Nonstandard procedures - Outcomes with no procedures • Existing issues with structure and clarity • Incentives for regulated affordable housing - Density, height, parking allowances. Chapter 18 . 650 City ofTigard Existing Downtown Reviews • Track 1 - Issuance of design compliance letter • Track 2 - Design review • Track 3 - Discretionary design review Chapter 18 . 650 City ofTigard Existing Downtown Exceptions • Exceptions to setbacks, parking, and open space - No approval procedure, but granted by Director. Essentially adjustments with own approval criteria. Chapter 18 . 650 City ofTigard Proposed Changes • All reviews under one process - Downtown design review (can be Type I or II) • Downtown adjustments - Two kinds: • Adjustment to design standards (Track 3) • Adjustment to specific standards (exceptions) Chapter 18 . 650 City ofTigard Proposed Changes • Consolidate repetitive language • Restructure chapter • Revise minimal language in thresholds • Revise minimal language in standards Chapter 1865O City ofTigard Existing Structure 18.650.010 Purpose 18.650.020 Applicability 18.650.030 Approval Process 18.650.040 Pre-Existing Uses and Developments 18.650.050 Building and Site Development Standards 18.650.060 Connectivity 18.650.070 Building and Site Design Standards 18.650.080 Additional Standards 18.650.090 Special Requirements for Development Bordering Urban Plaza 18.650.100 Exceptions to Standards 18.650.110 Building and Site Design Objectives (Track 3 Only) 18.650.120 Signs 18.650.130 Off-Street Parking and Loading Requirements Chapter 18 . 650 City ofTigard Existing Structure 18.650.010 Purpose 18.650.020 Applicability 18.650.030 Approval Process 18.6So,n40 Pre-Existine Uses and Develoornents 18.650.050 Building and Site Development Standards 18.650.060 Connectivity 18.650.070 Building and Site Design Standards 18.650.080 Additional Standard 18.650.090 Snecial Reouirernents for Development Bordering Urban Plaza 18.650.100 Exceptions to Standards 18.650.110 Building and Site Design Objectives (Track 3 Only) 18.650.120 Signs 18.650.130 Off-Street Parking and Loading Requirements Chapter 1 City ofTigard Proposed Structure 18.650.010 Purpose 18.650.020 Applicability 18.650.030 Approval Process 18.650.040 Approval Criteria 18.650.050 Development Standards 18.650.060 Design Standards 18.650.070 Transportation Connectivity 18.650.080 Specific Adjustments Chapter 18 . 650 City ofTigard Proposed Bonuses • Only for qualified affordable housing: < 80% AMI - Must include minimum number of affordable units - Allowed for both rental and homeownership units - Affordability required for life of development - Two kinds: • Height — up to 20 additional feet • Density — variable depending on number of affordable units, with a maximum of 1.5 times the standard maximum density Chapter 18 . 350 City ofTigard Res. Development Standards • New chapter - will provide standards for nonresidential development in residential zones. - Needed to offer more guidance to conditional uses - Applies to CUPS that include buildings over 1000 sf - Minimal standards: • Setbacks • Height • Parking • Lighting • Facade Omnibus Change:: City ofTigard Small Policy Changes • Codifying Director Interpretation of flag standards • Remove requirement for pre-application conferences for certain small Type Ils (Home Occupations, Extensions, etc. • Make noticing requirements for Type II and III decisions consistent. Omnibus Changes City ofTigard Non-policy Changes • Clarify that final plats do not expire. • Clarify how side lot lines are measure for flag lots. • Clarify entrance standards for ADUs. • Clarify ADU garage conversions. • Clarify parking, lighting, and facade standards for apartments. • Remove references to mobile home park subdivisions. • Clarify facade standards for single detached houses. oma, City ofTigard Map C Comp Plan Map1 : : II. Existing Discrepancies • Disconnect between Open Space comprehensive plan designation and Parks and Recreation zoning CompPlan Map City ofTigard Existing CompPlan and Zoning 4 , „,.. ,, ,, ,-,.. . ... , ,, . , ,.. ,.. , „ . ., . _ ,,,, ,„ „ .mMU-CBD IL `4 v,MU-CB Os L OS 4. P. " .« ,, µ o MU-CBD M fe "m - M + µ "" s L Os Comp Map City ofTigard Proposed CompPlan and Zoning ..„,... ., , ,, y ,,,, ,,,,,,,,A.,,,, ,,,,,, „..: 44,,,,, ..e: , �CG " l .. . ' ...,V , . t �,,,,,,,„:„,,,,f - `� � r y4... MU , . MH t s .`` f`, `�, MU-CBD OS M .. 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Z 0 n 1 n g Map .,, City ofTigard ,, .. ,... . ,,,„,, fl Proposed Zoning - Katherine Street \ IL ..„, 1, -, i ..s,..., .., ._ 46,,,,.:41,3,- . .." .., - ..,. . . kit .. .. tt,,A ,, , or, , ,,, „ _ ,,,4 , k , ,. IL OS N ... ,i, , • -,.., ,' ' *4 ' N, -441, __________________, elt, ,...- 44' 0 iv"Lr, .. _.., _ _________'_' _____,,..__. ,.__ L ... ,...-...._..--,-... ......,.,' ,....,• •• ,. ....., -.,. N. . . City ofTigard Thank You. Questions ? AGENDA ITEM No. 6 Date: July 9, 2019 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — Consider Ordinance for Comprehensive Plan Map Amendments, Zoning Map Amendments, and Development Code Amendments Related to the Tigard Downtown Plan District 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 become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 6 Date: July 9, 2019 PLEASE PRINT 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 become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. ,// 36Og( / a 3�0 S t ri vl (COI ) 5-06- /5/ Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-3754 7. Business Meeting Meeting Date: 07/09/2019 Length (in minutes):30 Minutes Agenda Title: Public Hearing to Consider exemption from system development charges for certain accessory dwelling units Prepared For: Schuyler Warren,Community Development Submitted By: Schuyler Warren,Community Development Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance -Main Public Hearing-Legislative Public Hearing: Yes Publication Date: Information ISSUE Consider exempting systems development charges for accessory dwelling units under a certain size. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the Council adopt the code as proposed to exempt certain accessory dwelling units from parks and Tigard transportation system development charges for a period of three years. KEY FACTS AND INFORMATION SUMMARY Accessory dwelling units (ADUs) are an important housing type that is smaller than what is typically built as part of new developments.This housing type provides benefits to smaller households,including young families and seniors,and can help homeowners by providing regular rental income. System development charges (SDCs) help the city recoup the costs of providing public services to additional households in Tigard. SDCs can make accessory dwelling units financially infeasible for a homeowner.Almost all ADUs are financed completely by the homeowner,using cash on hand or through a second mortgage or home equity line of credit. The budget for most ADUs ranges from$100,000 to $150,000. Fees and SDCs can affect the ability of a homeowner to construct the unit and,if constructed,may require the homeowner to set the rent at unmarketable levels or cause the homeowner to lose money until market rates catch up to the loan payment amount. In recognition of the challenges to constructing ADUs, several cities have provided temporary or permanent exemptions to SDCs for this needed housing type. In 2009,the City of Portland offered the first exemption for ADUs with a one-year sunset.This exemption was renewed annually until it was made permanent in 2018. In the nearly 10 years of this program,Portland saw an adoption rate equivalent to approximately one percent of its eligible single-family lots. Other cities followed,including Hillsboro,Lake Oswego,Sherwood,Tualatin, and Wilsonville. Exempting ADUs from SDCs impacts the city's ability to fund infrastructure. The exemption will reduce available funds for development of parks and implementation of transportation projects.The amount of the exemption is $6,678 in Parks SDCs and $3,909 in Transportation SDCs. There will also be a slight increase of $200 -$300 annually in property tax to Tigard resulting from the addition of an ADU to the city's overall assessed value. This increase is not affected by the exemption and accrues to the city annually. Because the intent of the exemptions are to incentivize smaller units that are more likely to be affordable, staff recommends that an upper limit be placed on the square footage of units to qualify for the exemption. Staff from multiple departments have carefully considered SDC exemptions for ADUs and reached consensus to recommend to Council a pilot period to determine if the benefits of the exemptions outweigh the impacts. Staff proposes that the exemption be time-limited,and that data gathered during the pilot period be used to inform both staff and Council about benefits and impacts prior to consideration of any potential extension. Given the above background information, staff recommends adoption of the exemption with the following specific provisions: •Only accessory dwelling units of 1000 square feet or lower are exempt. •The exemption will sunset in three years on July 31,2022. OTHER ALTERNATIVES Council could amend the proposal,including but not limited to: •Lengthening or shortening the sunset period •Raising the square footage limit that qualifies for an exemption. Lowering the limit is not recommended. Council could decline to adopt an exemption. Staff does not recommend reducing system development charges for accessory dwelling units,as this would require the city to re-open the methodology for determining system development charges. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS 2019-2020 Council Goal 3: Ensure Tigard grows and develops in a smart and inclusive manner. Affordable Housing Plan Recommendation 4: Reduced or Exempted SDCs. Comprehensive Plan Goal 10.1: Provide opportunities for a variety of housing types at a range of price levels to meet the diverse needs of current and future City residents. Strategic Plan Goal 2: Ensure development advances the vision. DATES OF PREVIOUS COUNCIL CONSIDERATION November 2018 -Phase II Code Amendments June 2019 -Affordable Housing Plan Attachments Ordinance Exhibit A Presentation CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19- AN ORDINANCE TO AMEND TIGARD MUNICIPAL CODE CHAPTER 3.24 TO EXEMPT CERTAIN SYS FEM DEVELOPMENT CHARGES FOR ACCESSORY DWELLING UNITS WHEREAS, in early 2015, Tigard City Council substantially amended Tigard Municipal Code Chapter 3.24 related to transportation and parks system development charges (SDCs) as well as adopted corresponding SDC methodology reports;and WHEREAS,in November 2018,Tigard City Council amended the Tigard Community Development Code to lower barriers to construction of accessory dwelling units;and WHEREAS,in June 2019,Tigard City Council adopted an Affordable Housing Plan that includes a strategy to reduce or exempt Tigard SDCs for certain desired dasses of housing;and WHEREAS,the Council desires to encourage the construction of small accessory dwelling units as one part of a strategy to provide housing choices for Tigard residents in accordance with the city's Comprehensive Plan; and WHEREAS, the adopted transportation and park SDC methodology reports state that the city "may exempt specific classes of development from the requirement to pay SDCs"as a matter of policy;and WHEREAS, staff from several departments with roles in the administration of the SDC program - including Finance, Public Works, Community Development, and the City Attorney - have worked to propose an exemption for certain classes of accessory dwelling unit development;and WHEREAS, most developers of accessory dwelling units are homeowners who must privately finance their construction through personal loans;and WHEREAS, an exemption from Tigard SDCs removes a financial barrier to the development of accessory dwelling units for these homeowners;and WHEREAS, qualification for an exemption requires that the accessory dwelling unit be utilized for housing rather than short-term rental;and WHEREAS,the exemption is time-limited and allows the city to re-examine the policy after three years. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 3.24 of the Tigard Municipal Code is amended to read as shown on the attached Exhibit A (additional language is underlined and deleted text is shown in s ket eugh). SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. ORDINANCE No. 19- Page 1 PASSED: By vote of all council members present after being read by number and title only,this _day of ,2019. Carol A. Kroger,City Recorder APPROVED: By Tigard City Council this day of ,2019. Jason B. Snider, Mayor Approved as to form: City Attorney Date ORDINANCE No. 19- Page 2 Exhibit A TIGARD MUNICIPAL CODE Chapter 3.24 SYSTEM DEVELOPMENT "Administrator" means the person, or CHARGE PROGRAM persons, appointed by the city to manage and implement the SDC program or portions thereof. Sections: "Applicant" means the person who applies 3.24.010 Purpose for a land use decision or building permit. 3.24.020 System Development Charge 3.24.030 Definitions "Building official" means the person, or 3.24.040 Charge Imposed designee, certified by the state and designated as 3.24.050 Methodology such to administer the state building codes for the 3.24.060 Project List city. 3.24.070 Expenditures 3.24.080 Payment "Building permit" means the permit issued 3.24.090 Installment Payments by a building official, as required by the State of 3.24.100 Exemptions Oregon Structural Specialty Code Section 105.1 3.24.110 Credits or the Oregon Residential Specialty Code Section 3.24.120 Notice 105.1. In addition, "building permit" means a 3.24.130 Accounting manufactured home installation permit issued by 3.24.140 Appeals the building official, relating to the placement of 3.24.150 Prohibited Connection manufactured homes in the city. 3.24.160 Penalty 3.24.170 Severability "Capital improvements" mean facilities, real 3.24.180 Exemption for Accessory property, or assets used for the following: Dwelling Units 1. Water: supply, treatment, or Excerpts distribution; *** 2. Sanitary sewer: wastewater collection,transmission,treatment, or disposal; 3.24.030 Definitions 3. Stormwater: water quality or For purposes of this chapter, the following quantity management, drainage,or flood control; definitions apply: 4. Parks: active or passive parks,open "Accessory dwelling unit (ADU)" means a space, or recreational trails; or second or third dwelling unit on the same lot as a primary dwelling unit, either attached to or 5. Transportation. detached from the primary unit, and with separate facilities for sleeping, cooking, and sanitation in "City"means the City of Tigard,Oregon. accordance with the building code adopted pursuant to TMC 14.04. "Condition of development approval" means any requirement imposed on an applicant by the 3-24-1 Code Update:12/18 Exhibit A TIGARD MUNICIPAL CODE city or county as part of a land use decision or were owned and operated in common,the primary building permit approval. use will be deemed to be the sole previous use of the subject property for purposes of this chapter. "County" means Washington County, Oregon. "Project list" means the list adopted by the city pursuant to Section 3.24.060. "Credit" means the amount by which an applicant may be able to reduce an SDC as "Proposed use" means the use proposed by provided in this chapter. the applicant for the subject property. Where the applicant proposes several different uses (mixed- "Development" means a building or other use) then all of the specific use categories will be land construction, including a physical change in considered for purposes of this chapter.Where the the use of a structure or land, in a manner which proposed use is composed of a primary use with increases the demand on or creates the need for one or more ancillary uses that support the new or enlarged capital improvements. primary proposed use and are owned and operated "Duplex" means two attached single-family in common, the primary use will be deemed to be residential dwelling units on a single lot. the sole proposed use of the subject property for purposes of this chapter. "Improvement fee" means the SDC for costs associated with capital improvements to be "Qualified public improvement" means any constructed. capital improvement that increases the capacity of the city's system and is: "Multifamily housing" means three or more attached residential dwelling units located on a 1. Required as a condition of single lot. development approval; "Over-capacity" means that portion of a 2. Identified as a need and included capital improvement that is built larger or with on the project list;and greater capacity than is necessary to serve the development or to mitigate for system impacts 3. Not located on or contiguous to the attributable to the development. subject property;or "Previous use" means the most intensive use 4. Located contiguous to or in whole conducted at the subject property within the past or in part on the subject property and, in the 18 months prior to the date of application for a opinion of the administrator,is required to be built building permit, or land use decision if no larger or with greater capacity (over-capacity) building permit is required. Where the subject than is necessary to serve the development of the property was used simultaneously for several subject property or to mitigate for system impacts different uses (mixed-use) then all of the specific attributable to the development of the subject use categories will be considered for purposes of property. There is a rebuttable presumption that this chapter. Where the previous use was improvements built to the city's minimum composed of a primary use with one or more standards are required to serve the development ancillary uses that supported the primary use and 3-24-2 Code Update:12/18 Exhibit A TIGARD MUNICIPAL CODE and to mitigate for system impacts attributable to "Short term rental" means rental of a the development. residential dwelling unit,or any portion thereof,to overnight guests for fewer than 30 consecutive "Regulated affordable housing" means days. housing that is made affordable through public subsidies or statutory regulations that restrict or "Single-family dwelling unit" means one limit resident income levels or rents. To be detached residential dwelling unit, or one-half of a considered regulated affordable housing, units duplex,or one row house. must: "Temporary water use" means a water 1. Have a local, state, or federal service connection to the city water system for compliance agreement or contract; limited periods of time or duration that has minimal, if any, permanent impact on system 2. Be affordable to households at or capacity, such as service to temporary buildings, below 80% median family income as defined temporary irrigation systems, or special events. annually by Housing and Urban Development (Ord. 18-25 §1;Ord. 18-06 §1) (HUD) for the Portland-Vancouver Metropolitan Statistical Area(MSA);and *** 3. Remain regulated affordable 3.24.100 Exemptions housing units for a minimum of 20 years from the date of occupancy. The following types of development are exempt from payment of SDCs: "Reimbursement fee" means the SDC for costs associated with capital improvements A. Structures and uses existing on or before already constructed, or under construction when the effective date of the resolution that sets the the fee is established, for which the city amount of an SDC, except for connections to the determines that capacity exists. city's water or sanitary sewer systems made after such date. "Residential dwelling unit" means a building or a portion of a building consisting of one or B. Additions to single-family dwelling more rooms that includes sleeping, cooking, and units that do not constitute the addition of a plumbing facilities and are arranged and designed dwelling unit, as defined by the building code as permanent living quarters for one family or adopted pursuant to TMC 14.04. household. C. Alterations, additions, replacements or "Row house" means an attached single- changes in use that do not increase the family residential dwelling unit on a single lot. development's use of a capital improvement. "SDC Administrative Procedures Guide" D. Regulated affordable housing, from city means the administrative rules adopted by the city transportation and park SDCs only. for the implementation of this chapter. 3-24-3 Code Update:12/18 Exhibit A TIGARD MUNICIPAL CODE E. Temporary water use, from city water SDCs only. (Ord. 18-25 §2; Ord. 18-06 §1) F. Accessory dwelling units of 1,000 square feet or less that comply with TMC 3.24.180, from city transportation and park SDCs only. *** 3.24.180 Exemption for Accessory Dwelling Units A. An ADU receiving an exemption pursuant to TMC 3.24.100.F may not be used as a short-tern rental for a period of 10 years following approval of final inspection of the building permit for the ADU. A restrictive covenant must be recorded and submitted to the city prior to building permit issuance. B. TMC 3.24.100.F is repealed on July 31. 2022. Restrictive covenants recorded prior to this date will remain in full force and effect. 3-24-4 Code Update: 12/18 • MY•- • City ofTigard Respect and Carel Do the Right Thing I Get it Done System DCharge (SDC) Exemption for Accessory Dwelling Units (ADUs City Council Public Hearing July 9, 2019 TIGARD ADU SDC Exemption City ofTigard Why Consider an SDC Exemption? • SDCs a higher percentage of cost for smaller units Total Project Cost 3,500 sf 800 sf house ADU ADU SDC Exemption City ofTigard Why Consider an SDC Exemption? • Most developers of ADUs are homeowners • ADU construction financed with equity or cash Debt Equity ADU SDC Exemption City ofTigard Why Consider an SDC Exemption? • Most developers of ADUs are homeowners • ADU construction financed with equity or cash Cash Debt Refinance ADU SDC Exemption City ofTigard Why Consider an SDC Exemption? • Most developers of ADUs are homeowners • ADU construction financed with equity or cash Cash Debt ADU Construction ADU SDC Exemption City ofTigard Why Consider an SDC Exemption? • Most developers of ADUs are homeowners • ADU construction financed with equity or cash Debt Equity ADU SDC Exemption City ofTigard Why Consider an SDC Exemption? • Incents homeowners who may be on the fence • Allows ADU to be rented at lower rate • Helps bring city into alignment with regional ADU production goals • Promotes aging-in-place, multigenerational households ADU SDC Exemption City ofTigard What Are the Impacts? • Does have impact on ability to fund needed infrastructure projects to address impacts of growth • Each exemption results in the loss of $6,678 and $3,909 in Parks and Transportation SDCs • The ADU does result in annual property tax increase of $200-$300. ADU SDC Exemption City ofTigard Who Else Offers Exemptions? • Hillsboro • Lake Oswego • Tualatin • Wilsonville • Sherwood • Troutdale • Portland ADU SDC Exemption City ofTigard What Are the Proposed Terms? • ADU must be 1,000 square feet or less - Intent is to incent smaller units • Short-term rental (Airbnb, VRBO) not allowed - Intent is to incent housing - Owner must record deed restriction - SDCs become due if ADU used for short-term rental • Exemption expires July 31, 2022 - Allows city to examine impacts - Encourages homeowners to act soon City ofTigard Thank You. Questions ? • AGENDA ITEM No. 7 Date: July 9, 2019 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — Consider Ordinance for Exemption from System Development Charges for Certain Accessory Dwelling Units (ADU's) 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 become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 7 Date: July 9, 2019 PLEASE PRINT 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 become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. tbL).,.J 78fiN' Avis Txy\i 1 to 2 Ci 702:5 c3-ZSb-43-71 Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. f(j:k1 Ke tit if I a 155 s4,1MytAocitS1 ",c a,rdlt( 91Ll4 co -- ia1di -1(644 Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. H A is b) eacv Let K.or Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Carol Krager FSUPPL' id EMENTAL�. f__,.PACKET From: MB <mbrewin72@wesleyan.edu> (DATE OF MEETING) Sent: Monday, July 8, 2019 7:31 PM w►16^dd tie ekt No. To: #Councilmail Subject: Public Testimony for Hearing on July 9, 2019: Reject any loophole handout SDC waiver or reduction for ADU conversions/construction by any party other than a resident homeowner. Importance: High This sender is trusted. Public Testimony for Hearing on July 9, 2019: Reject any loophole handout SDC waiver or reduction for ADU conversions/construction by any party other than the resident homeowner of the property. Don't aid and abet the SLUMMIFICATION of Tigard's residential neighborhoods. Dear Mayor, Councilors, city recorder and city manager: I am writing concerning the current hearing pertaining to ADUs, etc. and rejecting any loophole SDC waivers or reductions for non-resident property owners (commercial developers and absentee landlords [including slumlords]). Last year the ADU concept was pushed and sold as a way to help homeowners keep their houses and make income, too. For decades, Tigard has unfairly given handouts to outside profiteering developers, but not to the rest of us (the resident taxpayers). The only party that should benefit from converting their residential property is the "resident-homeowner." Otherwise, the whole narrative of"affordable housing" is again exposed as a sham. Instead, my research shows that over time (20-40 years), by eradicating single-family lot zoning and enticing and rewarding profiteering developers and slumlords, the American dream of homeownership will become much more unaffordable in Tigard. There is NO public mandate whatsoever by the majority of Tigard's citizens for such rash actions. Currently, Tigard has about 60% homeowners and 40% renters. By forcing sweeping, unprecedented, unwanted, undesirable zoning changes (ADU conversions etc.) on historically single-family designated lots/zones/neighborhoods, the city will gradually reduce the supply of affordable single-family housing (and thereby reduce homeownership) within the city. Indeed, [after vacant lots] it is the most 'affordable housing' that will be converted —from homeowners to renters. Most homeowners [of"affordable housing"] here do NOT even have the funds necessary to do any actual ADU construction or conversion. No, it will be mostly profit-seeking non- resident developers who will seek such permits. So, the narrative should be truthfully labelled simply as "more incentives and handouts to developers to destroy single-family residential lots (and neighborhoods), reduce the supply and percentage of home ownership in Tigard, and increase the percentage of substandard rental units (but with alleged "affordable rent")." "Affordable rent" is NOT the same thing as "affordable housing." In fact, the failed/stalled legislative bill was a ploy by self-serving Portland politicos to disempower homeowners and home ownership itself and to radically change Oregon cities– from cities with a majority of resident homeowners to cities with majorities of renters—who are generally more dependent upon government services, and thus much more easily manipulated by such politicians. And as Tigard transitions to a blighted city with even higher density and a higher percentage of renters, the costs of single-family lot home ownership will increase dramatically, too. The HOA and CC&R regulated subdivisions will be very costly, and property taxes for Tigard homeowners citywide will soar to unsustainable levels for many senior citizens and persons with limited incomes. In point of fact, a densely packed city with more renters will entail direct higher costs in virtually every civic area: infrastructure, schools, police (increased crime), water, etc., and systematically do unconscionable deliberate harm to the environment in Tigard: more air pollution, noise pollution, traffic congestion, parking congestion, destruction of trees/canopy, harm to habitat and wildlife, etc. Anyone who supports increased human density here is, in fact, ANTI-ENVIRONMENT (or deluded and in 'denial'; it's hypocrisy for anyone to claim to be pro-environment but be pro-density, too [per Sierra Club]). Instead, we should be encouraging and rewarding intelligent policies that effect population control, a reduction of concentrated population, and promote a more planned geographic population dispersal that is ecologically sustainable and less harmful. (Instead of"We love dreamers", Tom McCall had the right idea: "Please visit Oregon, but don't stay!" We already have way too many unskilled persons flocking here—and then complaining and expecting others here to subsidize them, and then to subsidize their families; people moving here to become a public financial burden on everyone else. So, I think we should listen more carefully to the experienced and knowledgeable voices of those who have lived here the longest—those who have actually invested most of their lives in our community.) Thank you for your attention to these widely shared concerns. Best wishes, Michael Brewin SW Morgen Ct., Tigard P.S. Caveat: repeated 4th time publicly. The November, 2018 ADU hearing (and actions taken then) were illegal and invalid. 1) No notice was ever posted publicly in a newspaper (or website) by the City that the City was proposing to eradicate single-family lot residential zoning. The only city planner public mentions were blatant solicitations for people interested in having ADUs on their property. The real goal, the eradication of single-family lot zoning, was deliberately omitted; it was Not mentioned in the advertisements or planner comments to the media and public. Deceptive practices. 2) NO required advance notice was sent by the city to the 10,000+ affected residential property owners. This was the single most important (and harmful) residential zoning change in decades here. I and all the other affected Tigard property owners had/have a statutory right to be priorly duly contacted and notified (with full disclosure of the details). Our rights (under Oregon laws) were willfully violated and denied. [At some point, this matter will inevitably be publicized and become a full-blown public issue.] 2 AIS-3900 8. Business Meeting Meeting Date: 07/09/2019 Length (in minutes): 20 Minutes Agenda Title: Receive Briefing on Construction Excise Tax Prepared For: Schuyler Warren Submitted By: Schuyler Warren, Community Development Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Receive a briefing on progress in preparing a Construction Excise Tax for Council consideration. STAFF RECOMMENDATION /ACTION REQUEST This is a briefing only;no action is required at this time. KEY FACTS AND INFORMATION SUMMARY The Affordable Housing Plan adopted by Council in June of 2019 provided a recommendation to adopt a Construction Excise Tax (CET).This tax,in addition to a recommendation for joint CDBG entitlement, form the funding base for the City's affordable housing initiatives over the next 10 years.Without the tax,many of the recommendations included in the plan will not be feasible,unless alternative funding sources are secured. A CET provides many benefits to the city,providing a backfill for SDC exemptions,supporting affordable homeownership,and providing a flexible source of funds to encourage affordable housing development. House Bill 1533 (2016) enabled cities and counties to implement both residential and commercial CETs, which are a levy imposed on the permit value of construction at the time of permit issuance. The bill provides certain rules regarding the implementation of CETs,including the following: •Residential CETs are capped at 1% of the permit value. •Revenue from a residential CET must be allocated according to the following formula: •50% to incentives to developers to provide affordable housing. •35% to affordable housing programs. •15% to Oregon Housing and Community Services to provide down payment assistance. The amount for down payment assistance will be returned to existing programs within the jurisdiction that adopted the tax. •There is no limit to the CET rate for commercial construction. •At least half of commercial CETs must go to the jurisdiction's housing-related programs. The other half may be spent flexibly. Ten jurisdictions (Portland,Milwaukie,Eugene,Medford,Corvallis,Tillamook County, Cannon Beach,Hood River County,Hood River City,and Newport) have passed local CETs to date. In addition,Bend has had a CET in place since 2006,although it is exempt from the provisions of the bill. OTHER ALTERNATIVES No action is proposed at this time. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS Council Goal 3 Strategy 3.2: Increase advocacy at the regional level for housing that is affordable, funding strategies,and consider an excise tax. DATES OF PREVIOUS CONSIDERATION June 2019 -Affordable Housing Plan ' Attachments Presentation City of Tigard Respect and Care I Do the Right Thing I Get it Done Construction Excise Tax City Council Briefing 11,1 s July 9, 2019 TIGARD', BCET City of Tigard Construction Excise Tax (CET • Tax levied on the permit value of construction - Permit value is based on construction cost not sale price or land value - Tax is paid prior to building permit issuance, like permit fees and school excise tax - Example: home construction cost: $275, 000 construction excise tax: $2, 750 home sale price: $525, 000 CET Briefing City of Tigard Construction Excise Tax (CET) • CETs made possible by SB 1533 (2016) - CETs may be levied on both residential and commercial construction CET Briefing City of Tigard Construction Excise Tax (CET) • Residential CETs - Limited to a maximum of 1 % - Must be allocated in city budget to defined uses: - 50% to developer incentives for housing (SDC exemptions, tax abatements, etc.) - 35°o for flexible affordable housing programs - 15% to OHCS for homeownership programs in Tigard CET Briefing City of Tigard Construction Excise Tax (CET) • Commercial/Industrial CETs - No upper limit but 1 % is typical - Must be allocated in city budget to defined uses: - 50% to developer incentives for housing (SDC exemptions, tax abatements, etc.) - 50% unrestricted but recommended for affordable housing programs CET Briefing City of Tigard Why Adopt a CET? • Backfills SDC funds from exemptions like the affordable housing exemption • Funds flexible affordable housing programs • Supports affordable homeownership in Tigard through state down payment assistance programs • Key implementation step for the Affordable Housing Plan Via, BCET City of Tigard What Is the CET Revenue Forecast? Residential Commercial CET CET Revenue w/Comm. CET of 2% YEAR #Permits Value #Permits Value Rate Resid. Comm. TOTAL Comm. TOTAL 2009 42 $9,324,154 4 $1,944,775 1% $93,242 $19,448 $112,689 $38,896 $132,137 2010 123 $27,972,462 4 $2,003,118 1% $279,725 $20,031 $299,756 $40,062 $319,787 2011 113 $28,150,102 5 $837,655 1% $281,501 $8,377 $289,878 $16,753 $298,254 2012 104 $27,794,839 5 $2,589,566 1% $277,948 $25,896 $303,844 $51,791 $329,740 2013 174 $41,954,242 8 $20,053,155 1% $419,542 $200,532 $620,074 $401,063 $820,606 2014 72 $21,410,225 9 $24,964,563 1% $214,102 $249,646 $463,748 $499,291 $713,394 2015 280 $45,546,665 10 $31,518,023 1% $455,467 $315,180 $770,647 $630,360 $1,085,827 2016 242 $81,847,774 5 $18,381,597 1% $818,478 $183,816 $1,002,294 $367,632 $1,186,110 2017 450 $156,457,972 7 $12,874,739 1% $1,564,580 $128,747 $1,693,327 $257,495 $1,822,075 2018 339 $147,036,484 12 $43,256,706 1% $1,470,365 $432,567 $1,902,932 $865,134 $2,335,499 Total: 1,939 $587,494,919 69 $158,423,897 1% $5,874,949 $1,584,239 $7,459,188 $3,168,478 $9,043,427 Average: 194 $58,749,492 7 $15,842,390 $587,495 $158,424 $745,919 $316,848 $904,343 Source: 2018 City of Tigard Comprehensive Annual Financial Report BGET City of Tigard What Is the CET Budget Forecast? Residential Commercial Commercial Total Total Category 1% 1% 2% 1% 1%/ 2% Annual CET Revenue (est.): $587,500 $158,400 - $316,800 $745,900 - $904,300 Administration: 4% $23,500 $6,300 - $12,700 $29,800 - $36,200 Developerincentives: 50% $282,000 $76,100 - $152,100 $358,100 - $434,100 Aff. Housing Programs: 35% $197,400 $197,400 - $197,400 OHCS Homeownership: 15% $84,600 $84,600 - $84,600 Unrestricted: 50% $76,100 - $152,100 $76,100 - $152,100 Source: 2018 City of Tigard Comprehensive Annual Financial Report, Johnson Economics CET Briefing City of Tigard Who Has Adopted a CET? • Milwaukie • Cannon Beach • Medford • Hood River City • Portland • Newport • Corvallis • Hood River County • Eugene • Tillamook County • Bend* CET Briefing City of Tigard Next Steps • Determine appropriate rates • Determine vesting and delayed implementation • Refine detailed budget allocations for projected funds • Continue to work with stakeholders • Council consideration in Fall 2019 City of Tigard Thank You. Questions ? AIS-3923 9. Business Meeting Meeting Date: 07/09/2019 Length (in minutes): 25 Minutes Agenda Title: Consider Resolution to approve a new SEIU Contract FY's 2019-2022 and Authorize the City Manager to sign Prepared For: Dana Bennett Submitted By: Kelly Burgoyne, Central Services Item Type: Motion Requested Meeting Type: Council Resolution Business Meeting - Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Should the Tigard City Council adopt the new three-year collective bargaining agreement between the City of Tigard and SEIU Local 503/OPEU 199 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 SEIU and authorizing the City Manager to sign the final agreement. KEY FACTS AND INFORMATION SUMMARY The terms of the proposed settlement between the City of Tigard and SEIU are shown on the attached "SEIU CBA Redline Draft" document. Major economic highlights include: •Continued cost share of health insurance premiums (90/10 split consistent with the labor market) •Cost of living increase for year one of the agreement, 3.5% (consistent with the city's historically used CPI-W West Annual index) •Cost of living increase for years two and three are based on the CPI-W West Annual index •Adjustment to clothing allowance for field staff to cover safety toed boots and clothing items •Adjustment to overtime language to provide clarity around on-call work and added compensation for work days longer than 16 hours •Incentives for the purposes of increasing the city's bench strength •For the staff member acting as DRC (Direct Responsible Charge - over the city's water systems) during evenings and weekends;AND •For staff members who attain Water Distribution and Wastewater Certification levels applicable to their work at the city, above that which is required by the position they hold •Added a twenty-five years of service vacation accrual rate (an increase of 2 hours per month) •Added 10 hours of vacation accrual to new hires upon successful completion of probation •Added a 90 day cap to "full salary continuation" under Worker's Compensation, following the 90 days, any additional timeloss will be compensation in accordance with state statute •Market adjustment based on positions being behind the middle of the market of similar sized cities •One range increase for Utility Worker I classification •Two range increase for Senior Utility Worker classification •An agreement to review the Utility Worker II classification during the Spring of 2021; a possible range adjustment in the final year of the contract, should that study demonstrate a need OTHER ALTERNATIVES Council could choose to vote down the tentative agreement and send the parties back into the bargaining process. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS Maintaining market competitive wages and benefits helps increase recruitment and retention efforts, which in turn helps maintain with a high quality of service for those who live and work in Tigard. DATES OF PREVIOUS CONSIDERATION Council has received updates on progress during the bargaining process during the following executive sessions: January 29th, February 12th, April 2nd,June 11th and June 25th. Attachments Resolution SEIU CBA Clean Draft SEIU CBA Redline Draft SEIU CBA Cost Summary CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19- A RESOLUTION ADOPTING A NEW COI F,CITIVE BARGAINING AGREEMENT BETWEEN THE CITY OF TIGARD AND SEIU LOCAL 503/OPEU LOCAL 199; AND AUTHORIZING THE CITY MANAGER TO SIGN WHEREAS, the collective bargaining agreement between the City of Tigard and SEIU expired June 30, 2019; and WHEREAS, a new three-year collective bargaining agreement for the period of July 1, 2019 to June 30, 2022 has been negotiated;and WHEREAS,the City Council reviewed the proposed changes;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 SEIU Local 503/OPEU Local 199 effective July 1,2019 through June 30,2022 is hereby adopted. SECTION 2: The City Manager is authorized to sign the agreement SECTION 3: This resolution is effective July 1,2019. PASSED: This day of 2019. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 19- Page 1 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF TIGARD and SEIU LOCAL 503/OPEU,LOCAL 199 EXPIRES JUNE 30,2022 TABLE OF CONTENTS PREAMBLE 1 ARTICLE 1 —RECOGNITION 1 ARTICLE 2—SAVINGS CLAUSE 2 ARTICLE 3—EMPLOYEE RIGHTS 2 ARTICLE 4—MANAGEMENT RIGHTS 2 ARTICLE 5—UNION SECURITY 3 ARTICLE 6—UNION RIGHTS 4 ARTICLE 7—CITY SECURITY 5 ARTICLE 8—SENIORITY,PROBATIONARY PERIOD,POSTING,PROMOTIONS,AND RECLASSIFICATION 6 ARTICLE 9—HOURS,OVERTIME,AND PREMIUM PAY 8 ARTICLE 10—HOLIDAYS 11 ARTICLE 11 —VACATION 13 ARTICLE 12—BENEFITS 15 ARTICLE 13—SALARIES 17 ARTICLE 14—TRAVEL,TRAINING AND REIMBURSEMENT 18 ARTICLE 15—SICK LEAVE 20 ARTICLE 16—OTHER LEAVE 21 ARTICLE 17—LAYOFF 22 ARTICLE 18—INVESTIGATIONS,DISCIPLINE AND DISCHARGE 23 ARTICLE 19—PERSONNEL RECORDS 25 ARTICLE 20—CONTRACTING AND SUBCONTRACTING OF WORK 25 ARTICLE 21 —GRIEVANCE PROCEDURE 26 ARTICLE 22—INCLEMENT WEATHER 28 ARTICLE 23—TERM OF AGREEMENT AND REOPENING 29 APPENDIX A—SALARY SCHEDULES 30 APPENDIX B—BUILDING INSPECTOR DIFFERENTIAL 32 APPENDIX C—LABOR AND MANAGEMENT COLLABORATION COMMITTEE (LMC) 37 APPENDIX D—COMMERCIAL DRIVERS LICENSE IMPACT OF LOSS 38 MEMORANDUM OF AGREEMENT—Market Review 40 PREAMBLE This Agreement is entered into as of ratification by both parties of the collective bargaining agreement by SEIU Local 503/OPEU,hereinafter referred to as the "Union," and the City of Tigard,hereinafter referred to as the"City," for the purposes of collective bargaining.It is the purpose of this document to set forth the full Agreement between the above-mentioned parties on matters relating to employment relations. The City and the Union acknowledge that during the negotiations which resulted in this Agreement,each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining,and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in full in this Agreement. Therefore,the City and the Union,for the life of this Agreement,each voluntarily and unqualifiedly waive the right,and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement or with respect to any subject or matter not specifically referred to or covered in this Agreement,even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at that time that they negotiated this Agreement. The parties agree however that this language does not apply to City policies. ARTICLE 1-RECOGNITION Section 1.Bargaining Unit:The City recognizes SEIU Local 503/OPEU"Union" as the sole and exclusive bargaining agent,for the purpose of establishing wages,hours,and conditions of employment,for the classifications listed in Appendix "A"for all full-time,regular employees (those employees regularly scheduled to work forty(40)hours per week) and for all regular,part-time employees (those employees regularly scheduled to work twenty(20)hours or more per week,but less than forty(40)hours per week).All seasonal employees (those hired to work for a fixed period of time which is less than one year),casual,irregular part- time (those scheduled to work less than twenty(20)hours per week),and all other employees are excluded from the bargaining unit.Any employee employed on a temporary basis will be excluded from the bargaining unit. It is agreed that temporary,seasonal,casual and irregular part-time employees shall not work for more than 1,040 hours in a calendar year and must have a minimum of a 13-week break in service,prior to returning to the City in a temporary capacity. If a temporary, seasonal,casual,or irregular part-time employee is worked beyond the 1040 hours in a year(without an extension on file),the City must pay the Union equivalent dues that would be owed for all hours worked since the start date for that employee and immediately release the employee from City service.The City agrees that once each quarter(January,April, July,and October) the Union will be provided a calendar year to date total hours worked report for City temporary staff.The Union agrees that when extenuating circumstances exist,a temporary assignment may be extended for up to two months (347 hours)with an explanation of the circumstances and advanced notice to the Union.The parties agree that the foregoing limit on temporary employees'hours shall not apply when the temporary employee is employed as a substitute for a regular full-time or regular part-time employee during an extended leave or period of light duty not to exceed two (2)years or as the parties may otherwise agree. Section 2. Non-Discrimination:This Agreement shall be applied equally to all employees represented by the Union without unlawful discrimination for any reason.The Union shall share equally the responsibility for applying the provisions of this paragraph. Inasmuch as both State and Federal law include mechanisms for the resolution of discrimination issues,the Union and the City agree that the provisions of this Section shall be used as the basis for a Step 1 through Step 3 grievance but shall not be pursued to Step 4-Arbitration,or otherwise cited as the basis for a claim of a violation of this Agreement. 1 Section 3.New Classifications:The City shall notify the Union of its decision to change an existing or add a new classification by sending a copy of the new or revised classification description to the Union.The City shall also notify the Union of any change in job duties of an existing classification if such a change may affect the employee's representation status.The City shall also advise the Union as to whether or not it regards the new or revised classification or position to be within or outside the bargaining unit. If the City and the Union cannot agree as to whether or not such new or revised classification or position should or should not 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 new or revised classification or 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 Union shall have the right to bargain over the appropriate salary ranges for any new or substantially changed classification within the bargaining unit. Section 4.Notice: Unless otherwise provided in this Agreement,whenever notice to the Union is required under this Agreement,such notice shall be satisfied by actual delivery of written notice or e-mail to the Local 199 Union President. ARTICLE 2—SAVINGS CLAUSE If any Article or Section of this Agreement or any amendment thereto should be held invalid by operation of the law,or by any lawful tribunal having jurisdiction,or if compliance with or enforcement of any Article or Section should be restricted by such tribunal,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. Further,should a federal or state agency or court issue a decision that would result in a clause of this Agreement to be unlawful the City shall have the right to immediately reopen and bargain the relevant Article(s) of this Agreement if applicable. ARTICLE 3—EMPLOYEE RIGHTS 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 have the right to refuse to join or participate in the activities of any employee organization. No employee shall be interfered with,intimidated,restrained,coerced,or discriminated against by the City,by the Union,or by any employee because of their exercise of these rights. ARTICLE 4—MANAGEMENT RIGHTS The City Manager 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 method of operation,including the introduction of new equipment; establishing procedures and standards for employment and promotion;layoff,transfer,and demotion;to discipline or discharge for just cause;determine job descriptions;determine work schedules and assign work, and any other rights,except as expressly limited by the terms of this Agreement. In all matters not specifically limited by this contract,the City shall have a clear right to make and to implement decisions in all such areas on a unilateral basis.All such decisions and actions shall not be subject to the contract grievance procedure or other claim of a violation of this Agreement. 2 ARTICLE 5- UNION SECURITY Section 1.Payroll Deductions (a) Upon written or electronic request from an employee,monthly Union dues plus any additional voluntary Union deductions shall be deducted from the employee's pay and remitted to the Union. All applications or cancellations of membership shall be submitted by the employee to the Union. Any written applications for Union membership and/or authorizations for Union dues and/or other deductions or dues cancellations which the City receives will be promptly forwarded to the Union. The Union will maintain the written,and/or electronic records and will provide copies to the City upon request. Prior to the city making such deductions and remitting payment to the Union,the Union must provide electronic copies of the signed authorization forms to the city. (b) A file containing new authorizations or changes in authorizations for employee Union deductions will be submitted by the Union to the City electronically by dose of business on the business day immediately preceding the tenth (10th)of each month.The City agrees that new or changed payroll deduction authorizations submitted within the above timelines shall be made for the month in which such list is submitted. (c) The City will not be held liable for check off errors but will make proper adjustments when notified of errors as soon as is practical. (d) For all deduction authorizations received on or before the tenth (10th) of the month,deductions shall be made for the month in which the application is submitted. If the City receives a request to rescind,the City shall forward such request to SEIU through the VIP process with email notifications to SEIU's membership department. If the Union shows,within ten(10)calendar days, an applicable agreement that prevents revocation under ORS 243.776 and/or ORS 292.055 or other state or federal applicable laws or rules,then the Union shall inform the employee of those results. Absent documentation from the Union within the time frame,showing a bar to revocation,the City shall process the employee's request. In addition to general indemnification,the Union will indemnify,defend,and hold the City harmless against any claim made or any suit initiated against the City as a result of any City action taken pursuant to the provisions of this Section. Copies of all such requests for dues cancellation shall be transmitted to the Union. (e) The aggregate deductions of all employees,together with an itemized statement,shall be remitted to the Union's Salem headquarters no later than the tenth(10th)day of the month following the month for which the deductions were made.The itemized listing of Union positions shall reflect the following(on or before July 2019): a. Employee ID Number b. Employee First and Last Name c. Membership Status d. Department e. Job Classification f. Hourly Rate of Pay g. Dues Detail h. Changes (including hire/separation and effective date) i. Home Address j. Home Phone 3 k. Date of Hire 1. FTE m. Work Email Address n. Work Extension Number (f) The City agrees to automatically adjust the dues amount for employees whose salaries increase or decrease during the term of this Agreement. Section 2. Indemnification:The Union will indemnify,defend,and hold the City harmless against any claim 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 6- UNION RIGHTS Section 1.Meetings with the City:A Union steward or other Union representative and employees who are directly involved in a particular grievance shall be allowed to attend meetings with representatives of the City without loss of regular pay.The Union shall advise the City as to which employee or employees will attend any such meeting when the time of the meeting is set,and it shall be the responsibility of each individual employee to provide a minimum of twenty-four(24) hour advance notice whenever possible of the meeting to their immediate supervisor.The City reserves the right to change the time of any meeting that unduly disrupts City operations. Section 2. Union Access:The City agrees that Union representatives shall be afforded reasonable access to nonworking spaces for the purpose of contract administration,provided such access does not interfere with the performance by City employees of their duties. Non-working spaces are break rooms,conference rooms or like facilities which are not in use.The Union representative shall be responsible for notifying the supervisor of such use before the meeting time to ensure that the space is available at the specified time. Section 3. Negotiations:The negotiating team of the Union,to be comprised of not more than five (5) employees,shall be permitted to attend negotiation meetings with City representatives without loss of regular pay,based on work time lost,when such negotiations are scheduled during the regular work hours of the involved employees.Some flexing of schedules will be allowed at the discretion of management,based on operational needs,but will not be guaranteed. In addition to the above-provided time off for negotiations,the Union's bargaining team shall be allocated a fifteen (15)-hour leave pool to be used among the bargaining team members for negotiation preparations and related activity during the course of negotiations. Team members desiring to use all or a portion of the leave pool shall request the time off at least forty-eight(48) hours in advance and will record their time as "Union Business Leave (UBL)."The parties agree that there may not be more than two (2) employees from the same depaitnuent on the Union's negotiating team. Section 4.Bulletin Boards:The City agrees to furnish and maintain suitable bulletin board space in convenient places to be used by the Union.The Union shall limit its posting of notices and bulletins to such bulletin boards.The City agrees that the Union may utilize the inter-office electronic mail system as another form of communication between employees.The Union agrees that the e-mail system will not be used to discuss negotiations or to transmit confidential material such as grievance information.The Union agrees to restrict the use of e-mail to activities not prohibited by the contract. Section 5.Personnel Policies:The City shall submit a copy of any proposed revisions to the City's Personnel Policies and Procedures Manual to the Union for comment before such revisions are adopted. 4 The Union shall be provided a copy of any work rules or other written memoranda that are distributed to all employees in the City or to all employees of a department of the City.The City shall maintain an up-to-date general Policies and Procedures Manual which shall be available in the Human Resources office.Written departmental policies and procedures will be made available in the department. Section 6.Stewards:The Union will provide the City with a current list of designated union stewards.If the Union fails to provide current steward names,no City time shall be granted for unnamed stewards.Time spent by stewards under this Article will be recorded and reported to the immediate supervisor by the steward as the time is incurred.If a steward fails to maintain or provide proper records of time spent,no further City time shall be granted. Section 7.Leadership Meetings:The City Manager and the Union President shall meet quarterly for the purpose of maintaining open communication between the parties.These meetings are not intended to replace or supplement bargaining between the parties and shall not include discussion of mandatory subjects of bargaining. Section 8.New Employee Orientation:The City will schedule up to thirty(30) minutes during an SEIU employee's new hire orientation to allow a Union Representative,Union Steward,or Officer time to provide a Union orientation.The City shall notify the Union President through a calendar invite. Orientations are typically scheduled every other week. It shall be the Union's responsibility to provide an available Representative,Steward,or Officer at the scheduled time and they may attend on paid time during their normal work hours. Section 9.Union Delegate Leave: Official Union General Council delegates and members of the Union's Statewide Board of Directors shall be allowed to use accrued vacation leave or be granted a leave of absence without pay to attend the Union General Council Meeting.Leave for this purpose shall not exceed three(3) days in any twelve (12)month period. Such leave shall be subject to supervisory approval through the same process as other requests for time off. Union Professional Development Leave: Short leaves of absence without pay may be applied for,subject to the City's operational needs and at the sole discretion of the City,for employees in the bargaining unit to pursue professional development opportunities with SEIU. Such leaves shall not exceed two weeks in length. Operational impacts,potential for overtime,impacts on a work unit and potential employee development benefits to the City shall all be considerations prior to approving such a leave. Employees in a paid status less than a 30-hour equivalent FTE,shall pay the prorated costs of employee benefits. ARTICLE 7- CITY SECURITY The Union agrees that during the term of this contract its membership will not participate in a strike,work stoppage,sympathy strike,slowdown,or other interruption of work.Any violation of this Article shall be grounds for disciplinary action up to and including discharge.There shall be no lockout of employees during the term of this Agreement. 5 ARTICLE 8-SENIORITY, PROBATIONARY PERIOD, POSTING, PROMOTIONS, AND RECLASSIFICATION Section 1. Determining Seniority:For the purpose of this Agreement,seniority shall be defined as an employee's length of continuous service with the City from the most recent date of hire in a regular,full-time or regular,part-time bargaining unit position.No employee who has accrued seniority as of the date of this Agreement will lose seniority by reason of this provision.Employees will continue to accrue seniority and other time-based benefits when they are out on protected leaves.Employees out on unprotected,unpaid leaves of absence for two work weeks or longer will not accrue seniority when out on leave but will retain the seniority they had before going on leave. Such leaves of absence shall result in adjustments to the employee's end-of-probation date,merit eligibility date,leave accruals,and other time-based benefits. Section 2.Probationary Period: (a) New Employee: The probationary period shall be six (6)months for all new employees. By mutual agreement of the City and the Union,an extension of the probationary period for a maximum of three(3)months may be implemented.During the probationary period,an employee may be discharged at the sole discretion of the City without any reasons or cause being shown. (b) Promoted Employees: A newly promoted employee (defined as an employee appointed to a position in a classification which has a higher maximum salary rate than their current classification)will be subject to a probationary period of six (6)months from the effective date of the promotion or transfer.By mutual agreement of the City and the employee,the probationary period may be extended for a maximum of an additional three (3)months.During a promotional probationary period,an employee will continue to be considered a regular employee,will continue to accrue seniority,and shall be protected in discipline and discharge procedures on the same basis as other regular employees. If the employee's promotional probationary period is unsuccessful,the employee may return to their previous classification or position,or to some other classification or position for which the employee is qualified in the same pay range and department if there is no vacancy in the employee's previous classification or position,at the sole discretion of the City.Written notice to the employee of the reasons for the action shall be provided.During the first sixty(60)days of their probationary period in the new job,employees shall have the right to return to their previous classification at their request. (c) Transferred Employees: A newly transferred employee(defined as an employee appointed to a new assignment which has the same maximum salary rate as their current present classification)will be subject to a probationary period of three(3)months from the effective date of the transfer.By mutual agreement of the City and the union,the probationary period may be extended for a maximum of an additional three (3)months. During a post-transfer probationary period,an employee will continue to be considered a regular employee,will continue to accrue seniority. If the employee's post-transfer probationary period is unsuccessful or at the request of the employee, the employee may return to their previous classification or position within their original department, if such vacancy exists. (d) Reclassification: Employees filling positions that are reclassified by the City will not be subject to a probationary period unless otherwise indicated prior to the effective date of the reclassification. 6 During such a reclassification probationary period an employee shall be returned to their previous classification or position,or to some other classification or position for which the employee is qualified in the same pay range and department if there is no vacancy in the employee's previous classification or position,at the sole discretion of the City. Section 3.Job Posting:All vacancies and new positions to be filled shall be posted on appropriate bulletin boards for at least seven(7)calendar days prior to the application deadline.Additionally,posted positions will be emailed out to employees at least seven(7) calendar days prior to the application deadline.This electronic posting shall satisfy the posting requirement and serve as evidence of having posted a position,should there be a challenge.This subsection shall not apply to transfers,recall of employees'subject to layoff and/or to ADAAA/Worker's Compensation accommodations or returns from ADAAA/Worker's Compensation related leaves. Section 4.Promotions or Classification Transfer:The parties agree that the most qualified applicant for a promotional opportunity or classification transfer will be given preference in filling any such vacancy. Employees shall be given full consideration for all promotional opportunities or classification transfers,if they meet the qualifications.In cases where two (2) current City employees are considered,in the judgment of the City,to be equally qualified for a promotion,the promotion or classification transfer shall be given to the employee who has the greatest seniority.At the time of the promotion,an employee shall be placed at the starting rate for the job,minimum of at least five percent(5%)pay increase,provided that if the promoted employee has been acting in capacity in that position for a period of three(3)months or more,at the time of the promotion,the employee will be paid no less than the differential they were receiving while acting in capacity.The promoted employee's pay rate shall not,however,exceed the established pay range for the classification to which they are being promoted.Any employee who is interviewed for a position,and who is not selected,shall upon request,be entitled to a meeting with their supervisor and a representative from Human Resources to discuss actions they might take to become a more viable candidate for future openings. Section 5.Reclassification: If an employee has good reason to believe that the duties of their position are no longer consistent with the classification to which they are assigned,a classification review request may be submitted in writing to the employee's supervisor.The classification review request shall detail the specific changes in job duties that have occurred since the effective date of this Agreement or the specific inconsistencies that exist between their job duties and current classification. If the matter is not resolved between the employee and supervisor,the employee may within thirty(30)days following the employee's written classification review request submit a written classification review request to the department head. The City shall have thirty(30) days to review and respond to a classification review request and shall have an additional thirty(30)days if an outside consultant is to be retained for the purpose of reviewing the request. Wage adjustments which may result from this process may involve either an increase or a reduction in the employee's compensation,in no case retroactive for more than thirty(30) days previous to the date the written classification review request is submitted to the supervisor under this Section 5.No classification review request may be submitted by an employee during the period of their probationary service with the City.An employee's merit review date will not be changed by reason of reclassification under this Section 5. The foregoing shall not be construed as preventing the City from exercising its right to transfer employees,to assign job duties,to define and redefine the job duties of any position,and upon its own initiative to reclassify positions pursuant thereto. When a position is reclassified, the incumbent who is subject to the reclassification shall be paid as follows: 7 (a) If the new classification has a higher maximum rate of pay,the employee shall be paid the minimum rate of the new classification or their current rate of pay plus five percent(5%)whichever is greater. (b) If the new classification has a lower maximum rate of pay,the employee shall receive their existing rate of pay but shall not be eligible for cost-of-living increases until such time as the established maximum pay rate for the new classification exceeds their rate of pay,not to exceed thirty(30) months. If the reclassification is a result of employee request or in lieu of layoff the employee will be paid the applicable rate of pay for the lower classification given the length of the employee's service. (c) If the reclassified employee has been acting in capacity in that position for a period of three (3) months or more,at the time of the reclassification,the employee will be paid no less than the differential they were receiving while acting in capacity. All reclassifications shall be effective upon the first of the month following the month in which the reclassification request was submitted to the City. No grievance regarding an employee's classification assignment may be filed until after the provisions of this Section have been exhausted. If a grievance regarding an employee's classification assignment is pursued to arbitration,the arbitrator shall be bound to the standards contained in this Section in making their determination. ARTICLE 9-HOURS, OVERTIME,AND PREMIUM PAY Section 1.Work Week,Work Day and Work Schedule:The"work week",shall be defined as seven(7) consecutive days commencing at the start of the employee's work schedule. A"work day"shall be defined as a recurring twenty-four(24) hour period commencing at the start of the employee's work schedule. A"work schedule,"consistent with the operating requirement of the City,shall be a 5-8,4-10,9-80,flexible or part-time as follows: (a) A"5-8"work schedule shall consist of five (5) consecutive days of eight(8)work hours each work week. (b) A"4-10"work schedule shall consist of four(4) consecutive days of ten(10)work hours each work week. (c) A"9-80"work schedule shall consist of four(4)days of nine(9) hours each,followed by one (1) day of eight(8)hours with every other week being a day off on the fifth(5th)day. (d) An alternative work schedule shall consist of fixed hours other than a 5-8,4-10,or 9-80 schedule. (e) A"flexible"work schedule shall be equal in total hours worked during the work week to that of a"5- 8"employee but remains variable with regard to the 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.Assignments which the City expects to work a flexible schedule will be identified as such.An employee's acceptance of such assignments constitutes the employee's voluntary agreement to a flexible schedule. 8 (f) "Regular part-time"employees shall be scheduled to work a portion of any of the above- specified schedules. (g) Job Sharing: As long as the City maintains a policy allowing job sharing,employees shall be eligible to participate in the City's program.The application of the policy,however, shall not be subject to the grievance procedure. Section 2. Overtime:The City and the Union agree to waive the application of ORS 653.268 and shall utilize the following provisions in determining compensation for overtime: All authorized work shall be compensated at the rate of time-and-one-half for work under the following conditions: (a) Employees assigned to a 5-8 schedule shall receive overtime for any work after eight(8)hours on any work day,and for any mandatory work performed on the sixth (6th) or seventh (7th)day of the employee's work week. (b) Employees assigned to a 4-10 schedule shall receive overtime for any work after ten(10) hours on any work day and for any mandatory work performed on the fifth(5th),sixth(6th),or seventh(7th) day of the employee's work week. (c) Employees assigned to a 9-80 schedule(consisting of four(4) days of nine (9)hours each,followed by one (1)day of eight(8)hours with every other week being a day off on the fifth(5th)day)receive overtime for work time required outside their regularly scheduled work day hours (9 or 8 based on the day within the schedule)and for any work required to be performed on their regularly scheduled days off.For FLSA purposes,the work week begins at the halfway point of the eight-(8) hour day and runs for seven (7) calendar days,establishing each week as a forty(40) hour work week. (d) Employees assigned to a flexible work schedule shall receive overtime credit for all authorized work hours that exceed forty(40)hours per work week. All overtime pay shall be computed to the nearest one-quarter(1/4) hour.Under no conditions will overtime be paid twice for the same hours worked. Section 3.Payment of Overtime and Compensatory Time: Overtime that is not scheduled as compensatory time off during the pay period in which it is worked shall be paid in cash or,if authorized by the City and agreed to by the employee,be accrued as compensatory time off to the extent such is allowed by law.The time shall be scheduled upon the employee request,consistent with the operating needs of the City and in accordance with the Fair Labor Standards Act.The parties agree that the City will not be obligated to schedule compensatory time off and that such a request will be deemed to be unduly disruptive if the request would cause the City to incur overtime to cover the requested time off. Compensatory time off accrual shall be capped at no more than a total of sixty(60) hours.Any time banked over the sixty(60) hour maximum shall be paid in cash.All accrued compensatory time shall be paid in cash upon termination of employment with the City. Section 4.Extended Schedule Situations: Employees who work sixteen(16)hours or more in a rolling 24- hour period will be compensated at double time for any hours beyond sixteen(16)hours and shall have at 9 least eight(8) hours'off duty prior to returning to work unless an emergency is declared by the City Manager or designee. Section 5. Shift Change Premium: If an employee's regularly scheduled work hours are changed with less than five (5)calendar days'advance notice,those hours upon the first day of the modified schedule that fall outside of the originally scheduled hours shall be paid at the overtime rate.The provisions of this Section shall not apply if the change in work hours is at the request of the employee or is the result of an emergency or unforeseeable circumstance, such as inclement weather. Section 6. Call-Back:Any employee who has completed their work day and departed the City's premises upon completion of said day and is then physically called back to work more than two (2) hours before the start of their next normal shift will receive a minimum of two (2)hours pay at time-and-one-half of the employee's regular rate of pay. In the event such a call-in occurs less than two (2) hours prior to the start of the employee's next normally scheduled shift,the employee shall receive overtime pay until the start of their regular shift,at which time they will begin receiving compensation at their regular straight-time rate. If an employee is physically called back to work between the hours of 9:00 p.m. and 5:00 a.m. and performs work for four (4) or more hours and the employee is scheduled to work the following calendar day,the employee shall be able to flex up to four(4)hours off duty at the beginning or end of their shift on the following calendar day based on the employee's need.' Section 7.Acting in Capacity:When an employee is notified in writing that they will be assigned for a limited period(40 consecutive work hours or more)to perform substantially all the duties of the higher-level assignment outside the scope of their regular job duties that employee shall be paid premium pay of five percent(5%). All paid leave taken during the acting in capacity assignment will be paid at the employee's regular rate of pay. The parties agree to strive to encourage and provide on-the-job training for employees.An employee performing duties out of their classification for training and developmental purposes shall be so informed in writing,and it shall be mutually agreed to by the supervisor and the employee.The notice shall state the purpose and length of assignment.During the training,there shall be no extra pay for the work.A copy of the notice shall be placed in the employee's file. Any City employee who, in addition to their regular duties, is functioning as a lead worker to three (3) or more Community Service Workers performing work for the City at the direction of the Court shall qualify for acting in capacity pay under this Section 6. Section 8.Building Inspector Differential:The parties agree to the attached Appendix B. Section 9.Bilingual Premium:The City shall designate positions that shall be eligible to receive a three percent(3%),but not less than$50 (fifty dollars)per month Spanish language premium.The City will use the following criteria when designating positions: those positions that require public contact and continual eliciting and explaining information in Spanish,or those that are in a work location where there is a demonstrated need for Spanish language translation in providing services to the public.The City shall have the right to limit the number of positions eligible for the Spanish-language premium based on actual need.To be eligible for the Spanish language premium,employees in the eligible positions must demonstrate 1 The off-duty rest is not paid time,it is instead treated like a schedule change,in cases of having already worked beyond 16 hours,employees will not have the option to work or use paid leave for that time. 10 proficiency in Spanish at an intermediate level.Testing to substantiate continued proficiency will be required once every two (2)years.The City will develop a testing/certification process to enable employees to demonstrate such proficiency to the satisfaction of the City.The City may determine that other languages may qualify based on a demonstrated need and changes in the demographic make-up of the City's service population.The City will begin a process to evaluate the frequency of languages being used in service to the public within forty-five (45)days of execution of an agreed-to contract to last not less than four(4) months and no more than six(6)months,to determine if any operational need exists within any departments for languages beyond Spanish. If additional languages are identified as an operational need through the study,the City will follow the above procedures for those newly-identified languages,but will provide a flat$50 (fifty dollars)per month for the new languages,presuming that the frequency of utilization will be significantly less than the frequency of Spanish. Section 10. Water/Wastewater Certification Incentive: Effective January 1,2020,bargaining unit employees assigned to water distribution or wastewater collection,who obtain and maintain specific job-related certifications beyond those required for their job classification,and/or who participate in the voluntary PW on-call/SCADA program,shall receive incentive pay as follows: Water Distribution Certification/Wastewater System Operator Certification (collections) Level II 1.0% Water Distribution Certification/Wastewater System Operator Certification (collections) Level III 1.5% Water Distribution Certification/Wastewater System Operator Certification (collections) Level IV 2.0% The Water Distribution Certification must be issued by the Oregon Health Authority. The Wastewater System Operator Certification for Collections must be issued by the Oregon Department of Environmental Quality. Section 11.Public Works On-Call and SCADA Programs:Public Works bargaining unit employees who participate in the Public Works On-Call and/or SCADA programs shall receive (at a minimum) the following compensatory time or overtime pay at time and one half: A. Total of one(1)hour for each weekday B. Total of two (2) hours for each weekend day C. Total of two (2) hours for each recognized holiday,including the Day After Thanksgiving As noted above,the standard base on-call pay is nine (9) hours at the overtime rate for on-call weeks. The first three(3)hours of pay shall be considered inconvenience pay for being on call. The remaining hours paid shall be considered compensation for actual hours worked from home while on-call during the on-call week. Time worked from home by the on-call employee beyond those hours during the on-call week shall be recorded as additional overtime on the employee's time sheet. Section 12.Direct Responsible Charge(DRC)Incentive: Effective January 1,2020,the employee assigned as DRC will receive an additional three percent(3.0%)incentive pay for the assigned week,excluding leave time. ARTICLE 10-HOLIDAYS Section 1. General Holidays.The City of Tigard shall observe the following paid holidays for employees in other than the Library: 11 New Year's Day Martin Luther King Jr.Day Presidents'Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Day 28 hours of floating holiday(3.5 days of floating holiday)2 If a holiday falls on a Saturday,it will be observed on the previous Friday;if it falls on a Sunday,it will be observed on the following Monday.For employees not scheduled to work on the day a holiday falls,the employee will arrange with their supervisor to mutually schedule an alternative day off before the holiday within the same pay period in which the holiday falls or within thirty(30)days after the holiday. Regular full-time employee shall receive eight(8)hours pay for each of the holidays listed above on which no work is performed,provided the employee works the scheduled day before and the scheduled day following the holiday unless the employee is on paid leave status.Employees required to work on any of the holidays listed above,shall be compensated for all hours worked at the rate of time-and-one-half with a minimum guarantee of two(2) hours work. Section 2.Library Holidays:The Library will observe the following paid holidays: New Year's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Day 44 hours of floating holidays (5.5 days of floating holiday) Holidays will be observed on the actual day the holiday falls. For employees not scheduled to work on the day a holiday falls,the employee will arrange with their supervisor to mutually schedule an alternative day off within thirty days.Employees required to work on any of the holidays listed above shall be compensated for all hours worked at the rate of time-and-one-half with a minimum guarantee of two (2)hours work. Section 3. Scheduling of Floating Holidays: It is the responsibility of an employee who accrues a floating holiday under Sections 1 and 2 to schedule the holiday time off at a time that is mutually agreeable to the employee and their supervisor prior to the end of the fiscal year.Any accrued,but unused floating holiday time will be lost at the end of the fiscal year. Section 4. Holidays for Part-Time Employees: For part-time employees,if the holiday occurs on an employee's regularly scheduled day off,the employee will arrange with their supervisor to mutually schedule an alternative day off before the holiday within the same pay period in which the holiday falls or within thirty 2 The increase in floating holiday time from 20 to 28 hours is to compensate for the removal of the Day after Thanksgiving from the list of paid holidays.This change was to provide better tracking in payroll and additional flexibility in holiday use for employees. 12 (30) days after the holiday.The employee will not be cashed out for the holiday or allowed to take the holiday time off beyond the thirty-day period. If operational needs permit,the City will allow part-time employees an opportunity to modify their work schedule and work additional hours during a holiday week to provide for a full paycheck without having to use vacation time or other earned leave and without incurring overtime. Section 5. Holiday benefits for regular,part-time employees (twenty(20)hours per week or more) shall be granted on a prorated basis to that of a forty(40)hour employee,provided the employee has worked an average of twenty(20)hours per week in the preceding calendar month and the employee works the employee's scheduled day before and day after the holiday or is on paid leave status.In the first month of employment average hours worked per week will be determined on the basis of weeks worked in the month, fractional weeks excluded. ARTICLE 11- VACATION Section 1.Accrual: Full-time employees shall accrue vacation days at the following rates: 0 to 6-month probation period No monthly accrual,30 hours of vacation credited upon successful completion of probationary period After 6 months of service 8.0 hours/month After the 5th anniversary of service 10.0 hours/month After the 10th anniversary of service 12.5 hours/month After the 15th anniversary of service 14.0 hours/month After the 20th anniversary of service 16.0 hours/month After the 25th anniversary of service 18.0 hours/month Part-time employees shall accrue vacation on a pro rata basis to that of a forty(40)hour employee. Notwithstanding the above-specified rates of vacation accrual,no employee shall be allowed to accumulate vacation in excess of two hundred twenty(220)hours. It shall be the responsibility of each employee to schedule sufficient vacation so that they are not denied accrual of additional vacation. Section 2. Utilization:The parties recognize that utili'ation of accrued vacation time is in the best interest of the City and the employee.Vacation periods shall be scheduled at the mutual agreement of the City and the individual employee based on the employee's request,seniority,and the operational needs of the City. Once scheduled,there will be no vacation scheduling bumping. Upon written request by an employee and approval by the Department Head,an employee shall also be allowed to convert a block of up to two (2)weeks of accrued vacation time into cash,provided they have also already taken at least forty(40) hours of vacation time off during the same fiscal year.Employees will be required to maintain a minimum of 40 hours of accrued vacation in order to be eligible for cash out under this section.This option may be exercised twice per fiscal year. Part-time employees will be allowed to cash- out a pro-rated amount of leave time based on the average hours worked in a week. 13 All regular employees shall be entitled to payment for unused vacation leave upon separation from the City service. In the event of death,the employee's heirs will be entitled to payment for unused vacation leave. Approved vacation leave may not be cancelled by the City except in the event of an emergency which creates an abnormal work load or other condition not under the control of the City. In the event of such condition or emergency,the employee shall be notified of the cancellation in writing. Unrecoverable transportation or lodging deposits,provided the employee notified the City of same at the time that the vacation was cancelled, will be paid by the City if the employee produces proof of such unrecoverable deposits. Section 3.Hardship donations. The City will allow employees to make donations of accumulated vacation leave into a"leave bank."Vacation leave may also be donated to a specific employee,if the eligible recipient gives Human Resources permission to disclose the employee's name at the time of the donation request.For the purpose of this Agreement,the hardship leave donations will be administered under the following stipulations: (a) The recipient and the donor must be regular employees of the City.The parties agree that management employees may donate to the leave bank or a specific employee on a voluntary basis; the same will be true in reverse. (b) The City shall not assume any tax liabilities that would otherwise accrue to the employee. (c) Requests to receive hardship leave must be accompanied by medical documentation (or have a FMLA/OFLA certification on file)verifying eligibility of an employee's and/or family member's serious health condition that will leave the employee off work for at least a month. • For health conditions requiring intermittent leave,a doctor's note anticipating a need of at least one (1) month of leave over a twelve(12)-month period for the serious health condition would also qualify;however,donated leave must still be taken in blocks of forty (40)consecutive hours or more per (g)below(prorated equivalent for part-time staff)or in smaller increments,when on a regular,consistent,and predicable schedule. (d) Each application for donated vacation hardship leave will be reviewed and approval granted or denied on a case-by-case basis by Human Resources.The City retains the right to require periodic (monthly or otherwise based on the law) certification to verify eligibility. (e) Donations shall be credited at the recipient's current regular hourly rate of pay. (f) Donated hours will be directed to a vacation donation hardship leave bank for access by any regular employee meeting the criteria for requesting a hardship leave as referenced in this policy or time may be donated to a specific employee,if the request for donation is specific to an individual or individuals. (g) To be eligible to receive hardship donations,employees must have: • Maintained an average of at least forty(40)hours of sick leave over the preceding twelve(12) months and have exhausted paid leave accruals;OR • Been unable to maintain the leave accruals due to the employee's own serious health condition or that of a family member in the prior twelve(12)-month period and have exhausted paid leave accruals; (h) For those employees eligible to access the leave bank,the City will notify the Union President of any request for hardship leave,as long as the employee requesting the leave consents to such notification, in writing.The notification shall include the status of the hardship leave bank.Donations made to a specific individual will be used on a first-come/first-used basis and will not be removed from the donator's vacation leave bank until and unless there is a documented need. Donor's leave shall only 14 be available to the recipient during the specific medical incident under which it was granted (EG if granted for a broken arm and not all used,it does not remain available for a new medical incident a few weeks later, such as a broken ankle). (i) Unused donated hours to the leave bank shall be carried over from year-to-year and shall not lapse. For employee-specific donations,unused hours will remain with the donor and will not be otherwise carried over. ARTICLE 12-BENEFITS Section 1.Life Insurance:The City shall provide each employee with a$50,000 group term policy and will pay one-hundred percent(100%) of the premium. Section 2.Medical Insurance:The City agrees to provide employees a choice between Regence Plan Copay B or Kaiser Copay B (or most similar replacement plans) through 2020;beginning plan year 2021 the City will move to CIS'revised Kaiser and Regence medical insurance plans including the alternative care option,most closely matching the current plans,contingent upon CIS'minimum enrollment requirements and plan availability.The City also agrees to provide dental insurance(a choice between Willamette Dental,ODS,and Kaiser Dental)and vision insurance or substantially equivalent coverage for each employee and all enrolled dependents including domestic partners,subject to CIS enrollment rules and the following(based on the insurance plans selected by each full-time employee—thirty(30)or more hours per week): Effective January 1,2020 the City's payment toward both medical plan options with dental will be ninety (90%) of the cost of the plans.Any remaining difference in medical/dental insurance premiums will be paid by the employee. Effective January 1,2021,the City's payment toward both medical plan options with dental will be ninety (90%) of the cost of the plans.Any remaining difference in medical/dental insurance premiums will be paid by the employee. Effective January 1,2022,the City's payment toward both medical plan options with dental will be ninety (90%) of the cost of the plans.Any remaining difference in medical/dental insurance premiums will be paid by the employee. Section 3.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 12,Section 2 with or without the employee's individual authorization. Section 4.Insurance Committee—Insurance Reopener: The parties agree to continue a joint insurance committee to review insurance plan options and to make recommendations for potential changes in plan design that will provide quality,affordable care,while containing insurance costs.The committee will be called together if the City insurance costs experiences aggregate rate increases in excess of eight percent(8%) or if the excise tax provisions of the ACA places the City in jeopardy of being charged for the program on an individual or citywide basis.The committee shall determine plan changes that will bring the cost of increases for insurance to eight percent(8%)or less and/or below the ACA excise cap as applicable. If the committee is unable to reach a majority decision,then the parties agree to a ninety(90) day mid-term bargaining period under the statute,as a reopener of this article,Article 12—Benefits.The committee will consist of three members of management,one of whom will be the Director of Human Resources (or designee),who will 15 chair the committee,and three employee members from the bargaining unit who will be appointed by the Union. No one else may attend committee meetings absent mutual agreement.All union members of the committee will be allowed up to two(2)hours of paid time each in months the committee meets to prepare for the meeting.The parties may,upon mutual agreement,implement a change in plan design based on the committee's recommendation. In the event the committee's recommendation results in a decrease in premium from one plan year to the next,the parties also may discuss potential gain-sharing options. Section 5.Disability Insurance:The City agrees to provide disability/salary continuation insurance at 66- 2/3%of base salary,not to exceed$2,000 per month,to provide coverage after sixty(60) days of disability. Effective January 1,2020 the plan will increase to a$4,000 per month benefit,to provide coverage after sixty (60) days of disability. Section 6. Retirement: During the term of this Agreement and after six months of continuous service with the City, the City shall continue to contribute ten percent (10%) of each employee's gross pay to that employee's established 401(a) retirement account. The normal retirement age allowing for in-service distribution for the 401(a)retirement plan is fifty-five(55)years. Section 7.Flexible Spending Account:The City shall continue to provide a Flexible Spending Account,but reserves the right to cancel such access should the excise tax provisions of the ACA place the City in jeopardy of being charged for the program on an individual or citywide basis.The City agrees that should the program be canceled it would only impact medical flex and not the employee pre-tax insurance contribution or the dependent care flex.It would occur at the start of a calendar year with not less than thirty(30) days'notice to the union. Section 8.Part-Time Employees: Employees who are regularly scheduled to work thirty(30) or more hours per week shall receive all benefits specified in Sections 1 through 2 and 5 through 7 above. Employees who are regularly scheduled to work less than thirty(30) hours but twenty(20)hours or more shall receive a City contribution equal to fifty percent(50%) of the cost of such benefits if the employee elects to pay an equal amount via payroll deduction. Section 9. Carrier Selection: The City reserves the right to provide the insurances and other benefits outlined above through a carrier of its choice. The City shall notify the Union of any changes in insurance carrier or other carriers at least thirty(30)days prior to the change. The parties agree that all insurance and other benefits are subject to the terms and conditions of contracts and/or agreements between the City and the insurer(s). Section 10.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 January 1,2014,employees who are not enrolled in a City-provided medical insurance plan will have restrictions on the use of any new funds contributed to the VEBA, consistent with legal requirements. Section 11.Deferred Compensation:New employees hired on or after January 1,2020 shall be automatically enrolled in the 457(b)deferred compensation plan and contribute one percent(1%)of their compensation to the plan. Contributions shall be automatically directed to the default plan as determined by the Plan Governance Committee. Employees may opt out of the program,change their contribution amount,or redistribute their investment strategy at their discretion in accordance with plan rules. 16 The City,on behalf of employees with ten (10) or more completed years of service,will match employee contributions up to one percent(1%) of base monthly salary into the deferred compensation account as set up and directed by the employee. Upon completion of fifteen(15)years of service,the City's contribution shall increase to a total match of up to one and one-half percent(1.5%). Contributions made by the City shall begin on the first payroll following December 1 of the year in which the employee reaches the years of service milestone (10 and 15 respectively).If the employee notifies Payroll anytime on or after their anniversary date,the contributions will start within 30 days following notification.No contribution by the City shall be retroactive. ARTICLE 13-SALARIES Section 1.Wage Rates: (a) Effective July 1,2019,the salary range in steps for each classification shall be as set forth in Appendix A hereof[reflecting an adjustment to wages across the board by the amount of three and one-half percent(3.5%)]. (b) Effective July 1,2020,adjust wages across the board by the amount of the percentage change in the CPI-W,West Urban Index(annual average)minimum one percent(1.0%),maximum four percent (4.0%). (c) Effective July 1,2021,adjust wages across the board by the amount of the percentage change in the CPI-W,West Urban Index(annual average)minimum one percent(1.0%),maximum four percent (4.0%). Section 2.Probationary Step: New employees shall be hired within the range established for their classification and advance five percent(5%)upon successful completion of their probationary period. Section 3. Evaluations: (a) During the first year of employment,employees will be evaluated in writing after the first six(6) months.Thereafter,employees will be evaluated consistent with City policy.Employees may be evaluated more frequently at the discretion of the supervisor.The results of an evaluation shall be reviewed with the employee and the employee may within seven(7) days thereafter attach written comments or objections to the evaluation.An evaluation shall not be subject to the grievance procedure. (b) All periodic salary increases within the salary range established in Appendix A shall be contingent upon satisfactory performance as indicated in an employee's written performance evaluation.An employee who has received no periodic salary increase within the applicable salary range as a result of an evaluation of less than satisfactory performance may file a written grievance under Article 21 (Grievance Procedure)within seven(7)days following notice of no increase. (c) A seven(7) step salary schedule,with five percent(5%)increments between annual steps beginning upon successful completion of the probationary period and annually hereafter is set forth in Appendix"A."Movement on the salary schedule is conditioned upon satisfactory performances as set forth in Section 3(b) hereof. 17 ARTICLE 14- TRAVEL, TRAINING AND REIMBURSEMENT Section 1. Mileage Reimbursement:Whenever an employee is authorized to use their personal vehicle in the performance of official City duties,he/she shall be reimbursed at the standard IRS-allowed rate. Section 2.Expense Reimbursement:Whenever overnight travel outside the City is required,the City shall reimburse employees for necessary and reasonable receipted meal,lodging,and other expenses,consistent with state and federal tax laws and City Policy. Section 3.Training: (a) Mandatory Training: In addition to receiving expense reimbursement,mandatory training time shall be paid for as hours worked,in accordance with the FLSA.Travel time,provided no overnight stay is involved,shall also be paid for as hours worked. This provision shall also apply to training which is necessary in order to acquire or maintain a required certificate or license following the employee's date of employment by the City. (b) Voluntary Training: Training that is not mandatory may be with or without pay reimbursement of expenses and tuition costs at the discretion of the City,and in accordance with the FLSA. Such training or course work may also be subject to such other conditions and restrictions as the City in its discretion may specify.The employee shall be advised at the time that the training is approved as to whether the training is considered mandatory or voluntary training. Section 4.Tuition Reimbursement:The City will reimburse an employee for one hundred percent(100%)of the cost of tuition and fees for courses conducted outside the employee's regular working hours.The course must be directly related to the performance of the employee's job.Employees requesting tuition reimbursement must apply for approval from their department director prior to the registration deadline for the course,consistent with the city's training and education policy.Reimbursement is subject to the approval of the department director within budgetary constraints,with consideration given to balancing training resources across a department and consistent with federal and state tax laws and city policy.The employee must show evidence of a"C"or better or passing(when no grade is used)or must reimburse the City of all costs advanced to the employee for the course. (a) If the class taken was related to the employee's current position,and the employee is separated from the City service for any reason except involuntary dismissal within one(1)year of the date of the reimbursement,it shall cause fifty percent(50%) of the amount reimbursed within such year to be deducted from the employee's final paycheck. (b) If the class taken was related to reasonable promotion or transfer opportunities,and the employee is separated from City service for any reason except involuntary dismissal within one (1)year,it shall cause one hundred percent(100%)of the amount reimbursed to be deducted from the employee's final paycheck. If the employee terminates for any reason except involuntary dismissal within two (2) years,it shall cause fifty percent(50%) of the amount reimbursed to be deducted from the employee's final paycheck.Educational courses which are only offered during regular working hours may be approved by the department head provided time off can be conveniently arranged and arrangements can be made to make up time off the same week. 18 Section 5. Clothing Reimbursement:The City will provide a clothing reimbursement for department approved clothing to employees in classifications listed in this section,not to exceed two hundred dollars ($200)per fiscal year. Employees must submit actual receipts prior to being reimbursed for clothing. Employee classifications qualifying for this clothing allowance are: Clothing Boot 1,2 Job Classification Boot Allowance Frequency Fleet Maintenance Technician 200.00 250.00 Annually(if directed to wear) Mechanic 200.00 250.00 Annually(if directed to wear) Building Maintenance Tech II/Senior 200.00 250.00 Annually(if directed to wear) Inspector I/II/Senior 200.00 250.00 Every 2 yrs (if directed to wear) Engineering Tech I/II/Senior(limited field work) 100.00 250.00 Every 2 yrs (if directed to wear) Engineering Tech I/II/Senior(50+%field work) 200.00 250.00 Annually(if directed to wear) Utility Worker I/II/Senior 200.00 250.00 Annually(if directed to wear) Customer Field Worker/Senior 200.00 250.00 Annually(if directed to wear) Environmental Program Coordinator 200.00 250.00 Every 2 yrs (if directed to wear) Project Coordinator 100.00 250.00 Every 2 yrs (if directed to wear) Water Utility Technician/Senior 200.00 250.00 Annually(if directed to wear) Engineering Construction Inspector 200.00 250.00 Annually(if directed to wear) Backflow Prevention Coordinator 100.00 Code Compliance Officer 100.00 1.Boot Allowance may only be used for reimbursement of receipts related to safety-toed boots as noted in Section 6 of this Article. Clothing allowance,however,may be used,in part,for reimbursement of boot receipts in excess of the$250.00 allowance provided above. 2.Boot Allowance per Section 6 of this Article is only applicable to employees within the job classifications identified above and only for individual positions within the classification that are directed to wear safety- toed boots. Any employee who is hired after July 1st of any year shall be eligible for a prorated clothing reimbursement based upon that portion of the year that remains to be worked before the next July 1st. The clothing reimbursement provided under this provision shall be applicable only to reimburse eligible employees,on presentation of receipt,for outer garments worn in the course of their duties. If a new employee voluntarily leaves the employ of the City within the first six(6)months of employment,the employee shall be required to reimburse the City for clothing allowance received during the probationary period. Section 6.Boot Reimbursement:All employees who are directed to wear steel-toed foot wear on the job shall be reimbursed upon the purchase of approved steel-toed foot wear,receipt required,annual maximum:two hundred fifty dollars ($250). This reimbursement may be used for repair,receipt required,reimbursement limited to actual cost of repairs.Employees who are directed to wear steel-toed foot wear may combine the steel-toed boot reimbursement and clothing allowance,receipts required. 19 ARTICLE 15—SICK LEAVE Section 1.Accrual: Regular full-time employees shall receive forty(40) hours of sick leave front-loaded each year and then two and two-tenths (2.2) hours of sick leave for each full pay period worked.Part-time employees shall accrue sick leave on a pro rata basis to that of a forty(40)hour employee.There shall be no limit on the amount of sick leave that an employee may accrue. Section 2. Utilization: Accrued sick leave shall be available for use on regularly scheduled work days that employees are unable to work because of the employee's own illness or injury or that of a covered family member. In the event an employee needs to utilize sick leave,the employee shall notify the supervisor as soon as possible of the expected absence and the nature and expected length thereof. An employee may also use sick leave where there is an illness in their family which necessitates making arrangements for the ill relative. For the purpose of this Section,members of an employee's family shall mean: (a)immediate family(spouse,parents,children [including step-children,foster or court-appointed children],individuals for whom the employee has legal guardianship,siblings);(b) domestic partner registered. with Human Resources;and(c)other relatives and dependents domiciled in the employee's household. In the case of on-the-job injuries covered by Workers' Compensation,the City will provide to the employee payment of regular net salary up to ninety(90) calendar days following a medical authorization for temporary disability(time loss). 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,they 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. For the first ninety (90) days of Workers' Compensation time loss,the City shall continue to make the same contribution to all benefit programs specified in Article 12-Benefits, as would have been made if the employee had worked their regularly scheduled hours of work. Following the exhaustion of the ninety(90)calendar days,any approved time loss would be covered through the Worker's Compensation carrier at state compensatory rate for covered claims.Employees would have the option to use leave accruals to off-set any reduction in net pay including,sick leave, compensatory time,holiday and/or vacation and benefits would be prorated accordingly. The abuse of sick leave shall be grounds for denial of sick leave for the period of time involved and shall in addition be grounds for disciplinary action. It is recognized that patterns of recurring sick leave utilization in relation to weekends and holidays,when not verified by a written physician's certification of illness or injury, may be evidence of sick leave abuse. Section 3. Physician's Certificate: Sick leave benefits shall not be paid for any absence that is for forty(40) consecutive work hours or more unless the employee presents a written physician's statement upon return to duty. For absences of less than forty(40) consecutive hours,the City may require a written physician's certification of illness.When verification is required for absences of less than forty(40) hours,the City will reimburse the employee for any out-of-pocket physician expenses that result. 20 Section 4.Termination and Retirement:An employee who retires from City service shall receive an additional retirement plan contribution equal to fifty percent(50%)of the cash value in wages of all accrued sick leave. An employee shall be considered to have retired from City service only if they are eligible for Social Security retirement(not disability)benefits upon termination of City employment,or if they have thirty(30)or more years of service with the City. ARTICLE 16— OTHER LEAVE Section 1.Bereavement 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 up to one work week(forty(40) hours or prorated based on FTE) of necessary time off,as bereavement leave;bereavement leave hours need not be taken consecutively.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, son-in-law,daughter-in-law,grandparents,grandchildren and any other person who is a dependent of the employee or any other family member defined under the Oregon Family Leave Act(OFLA). OFLA entitles eligible employees up to two weeks of unpaid bereavement leave per death.The first week of bereavement leave will be paid pursuant to this Article;additional leave may be charged to vacation,sick,comp time,or leave without pay.Bereavement leave will run concurrent with OFLA and/or Oregon Sick Leave when applicable. Section 2.Jury and Witness Duty: Employees shall be granted up to three(3)months leave with pay for service on a jury or when under court subpoena as a disinterested witness,provided the employee shall seek all fees due to them for jury or witness duty,except mileage reimbursement,and turn said fees over to the City. 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. Upon being excused from jury or witness duty for any day,an employee shall immediately contact their supervisor for assignment for the remainder of that workday. For employees not regularly scheduled on day shift,the workday will be considered to have started when the employee reports for jury or witness service,or when the employee reports for work,whichever is earlier.Employees will not be paid for travel time except to travel from work to court or return from court to work during the employee's regular work hours,or any hours short of eight(8)hours which are not served at court. Overtime will not be paid for any time served beyond eight(8)hours a day. If the employee is dismissed before 5:00 p.m.and the supervisor determines he/she does not need to report back to work,vacation,floating holiday or comp time may be used for the rest of the day.The employee's time sheet must reflect time of arrival,time off for lunch and time of release by the court.The parties mutually agree that this paid benefit is provided due to the unique circumstances surrounding jury/witness duty leave,the limited circumstances in which it arises and its direct impact on the local community in which the parties live. Time off from work for appearances in court and other proceedings other than as provided above, shall be charged to accrued vacation time,floating holiday,compensatory time or leave without pay. 21 Section 3.Leave of Absence: A regular employee who has completed their probationary period may be granted a leave of absence without pay for up to twelve (12) months when the work of the employee's department will not be seriously jeopardized by their absence and when there is good cause for the leave. Requests for such leave must be in writing and must establish reasonable justification for the approval by the City.Benefits, sick leave and service credits (including actions related to merit adjustments,leave accruals,and other time-based benefits or compensation) shall not continue to accrue for any period in which an employee is on unpaid leave status under this Section 3. Section 4.Military Leave: Leaves of absence on a paid or nonpaid basis shall be as provided by ORS and the Veteran's Reemployment Rights Law,Title 38,USC,Chapter 43. Section 5.Family Medical Leave:The City agrees to abide by the applicable provisions of state or federal law regarding family medical leave,as set forth in City policy. ARTICLE 17—LAYOFF Section 1.Notice:A layoff is defined as an involuntary separation from the City for reasons that do not reflect discredit upon the employee.The affected employee and the Union shall be given written notice of a layoff at least thirty-one(31)calendar days before the effective date,stating the reason for the layoff,and the bumping options,if any,that the employee has. Section 2.Order of Layoff: If a layoff is implemented,employees shall be laid off in inverse order of their seniority within the classification,and within the department,affected by the layoff.Before any regular full- time or regular part-time employee in a given classification may be laid off,all seasonal,casual and irregular part-time employees who are working in the same classification and department shall be laid off. Seniority shall be as defined in Article 8,Section 1.In order to implement this definition,the City will provide the Union with a seniority list based upon the employee's hire date as a regular bargaining unit employee. For any employee to be affected either by layoff or bumping,the City will review the employee's personnel file to determine if the employee's listed seniority date needs to be adjusted by a period of unprotected unpaid leave. Bumping rights shall be based upon the employee's adjusted seniority date.If two(2) or more employees have equal seniority, the employee to be laid off shall be determined by lot. Section 3.Bumping:In the event of a layoff,any employee who has been notified of a layoff shall,within ten (10) calendar days following notice of layoff,have the right to displace the least senior employee in the same or lower-paying classification provided they are fully qualified to perform the work of the lower-paying classification.An employee shall be considered qualified to perform the work of such lower classification if they meet all of the job qualification requirements specified in the current classification specification for the classification in question.Any employee who exercises their bumping rights shall serve a probationary period of three (3)months.During such probationary period the City shall have the right to lay the employee off if the employee is not performing the job in an adequate manner. If an employee wishes to waive their right to displace an employee in a lower classification and thereby be subject to layoff,that employee shall so notify the City in writing within ten (10) calendar days of their receipt of notice of the layoff.When an employee bumps to a lower classification,as provided for above,they shall be placed at the maximum rate for the new classification or the employee's current salary rate,whichever is lesser.For purposes of this Article,non-bargaining unit employees regardless of prior service in the bargaining unit shall have no right to bump into a bargaining unit position. 22 Section 4. Recall: If a position opening occurs in the classification that the employee was employed in at the time of layoff,that employee,provided they have the greatest seniority of any employee on layoff from that class shall be offered the position. An employee will remain on the layoff list and be eligible for recall for twelve (12) months.The City shall notify a laid off employee of a position opening by email and certified letter,return receipt requested,to their address of record as maintained in the employee's personnel file. It shall be the employee's responsibility to ensure that their current mailing and email address is on file at the time the recall occurs.The employee shall have three(3) days from the receipt,or return by the post office,of such notice to notify the City in writing of their intent to return within ten (10)days of the date of receipt of such notice. If the employee fails to so respond to a recall notice within the time herein specified,or if he/she refuses an offered position,all rights to recall shall be terminated. Employees returning from layoff shall have previously accrued sick leave and seniority reinstated but shall not receive such benefits for the period of the layoff. Recalled employees shall serve a ninety(90)-day probationary period,unless returning to a former work division in the same or lower classification. Section 5.Use of Consultants:The Order of Layoff,as defined by Section 2,above,shall not be construed to prohibit the City from calling in consultants with specialized skills and/or certifications on a temporary basis, to perform tasks that cannot be performed by remaining City employees.The City agrees that in the event it needs such consultants,the City will attempt to use an employee on layoff status to perform the work on a temporary basis before bringing in a non-employee,provided the employee on layoff status is available when the City needs the work performed and possesses the specialized skill(s) and/or certifications required for the work. If more than one laid off employee meets all of the requirements of the temporary position,bargaining unit seniority shall be the determining factor. Section 6.Severance Pay: In the event of layoff,any employee with more than five(5)years of service with the City shall receive one (1)month's severance pay upon layoff. If an employee who receives payment under this Section is recalled within six(6)months,they shall be permitted to take up to nine(9)months (18 paychecks)to repay the City for money received under this Section. ARTICLE 18-INVESTIGATIONS, DISCIPLINE AND DISCHARGE Section 1.Investigatory Interview:The employee will be provided at least twenty-four(24) hours'notice of an investigatory interview along with the alleged conduct and applicable policy violation(s),and such notice shall include the employee's right to Union representation during the interview. In matters of a more complex nature,where the Union or the employee can show good cause for needing additional preparation time,they may request to the Human Resources Department for up to a forty-eight(48)-hour extension prior o the investigatory interview. Section 2.Just Cause: Disciplinary actions taken against employees shall be limited to the following:written reprimand,disciplinary probation,reduction in pay or other monetary assessment,demotion, suspension,or discharge.Nothing in this agreement shall preclude an employee and the City from entering into a last chance agreement.Disciplinary action shall be for just cause Only and will not be taken against an employee without procedural due process as herein defined,except as follows: 23 Discharge or demotion during a probationary period(Article 8),and demotion that is in lieu of a layoff (Article 17) or that is a bona fide reclassification shall not be the basis for a claim of a violation of this Article. No disciplinary material shall be placed in the employee's personnel file that does not bear either the signature of the employee indicating that they have been shown the material or a statement by the employee that they have been shown the material and has refused to sign it.A copy of such material shall be furnished to the employee.An employee may include an explanatory statement in the file in answer to any reprimand or other disciplinary documents. However,the above shall not apply if timely personal service is not practicable. In such a circumstance,the City shall send a copy of the disciplinary material by registered letter to the last known address to the employee at the time the material is placed in the file. In addition,the registered return receipt shall be placed in the personnel file. Written reprimands which are more than four(4)years past the effective date shall only be used to show patterns of conduct or to support an employee's understanding of workplace rules or conduct. All counseling materials and memos that are cautionary,derogatory or critical in nature,but less severe than a written reprimand shall be placed in the supervisor's file only,and not the official personnel file. Material placed in the personnel record of an employee without conforming with the provision(s) of this Article will not be used by the City in any disciplinary proceedings involving the employee. If the City has reason to reprimand an employee,it shall be in a manner that is least likely to embarrass the employee before other employees and the public. Section 3.Suspension Pending Investigation:An employee may be immediately suspended pending an investigation and completion of the due process steps if their continued presence on the job would constitute a safety hazard to themselves or to other employees or be potentially disruptive to City operations. Such suspension may be without pay,however,if after the investigation the employee is reinstated without being disciplined,the employee shall receive all lost pay and benefits for the period of the suspension.No employee shall be suspended for more than three (3)weeks for the purpose of investigation pending further discipline. Section 4.Due Process:Due process shall require the following: (a) Before the City notifies the employee of disciplinary action pursuant to part(b) of this Section,the employee will be served with a written notice and provided an opportunity to respond as follows: 1. The employee shall be advised that disciplinary action is being considered. 2. The specific charges or performance deficiencies will be identified. 3. The employee will be advised of their right to meet with the supervisor with or without Union representation and respond to the charges. 24 (b) At or after the above-referenced meetings/response and such additional investigation as may be deemed appropriate by the supervisor has been completed,the supervisor shall make their decision and provide written notice thereof to the employee. ARTICLE 19—PERSONNEL RECORDS Section 1.File Access:Each employee and each former employee shall have the right to review the contents of their own personnel file.At their option,they may request to be accompanied by a Union representative of their choosing or give the Union representative written permission to inspect and make copies of file materials. Access to an employee's personnel file shall be limited to only the individual employee or former employee involved,their designated representative,such supervisory and/or confidential employees of the City who are assigned to review and maintain personnel files,provided such limitations on access do not conflict with state public records law.The provisions of this Section 1 shall be inapplicable to any portion of an employee's personnel file which may be subpoenaed by a court of law,introduced as evidence in any arbitration proceeding,or which is subject to disclosure under public records law. The employee shall have the right to receive a copy of the materials in their personnel file in full or part. Except when otherwise authorized by the employee,in writing,no information from the employee's personnel file shall be reproduced or released for use outside of the City except verification of employment, employment dates,job title,and pay range and public records requests. Section 2.Removal of Material from File: Upon employee request,and subject to Human Resources approval,letters of reprimand may be removed from an employee's personnel file three (3)years after they have been placed in the employee's file.The parties understand that the City may retain such records outside of the personnel file for purposes complying with its obligations under State archives law and for purposes of demonstrating notice and timing of prior communications with employees. Section 3.Placement of Material in File:At the request of the employee,all letters and materials of commendation shall,subject to Section 2 of this Article,become a part of the employee's personnel file and the employee shall be furnished a copy of all such material at the time it is placed in the personnel file. Section 4.Performance Evaluations:Employees shall have at least 24(twenty-four)hours to read their performance evaluation prior to reviewing the evaluation with their supervisor. ARTICLE 20— CONTRACTING AND SUBCONTRACTING OF WORK Notwithstanding the provisions of ORS. 243.650 to 243.782,the Union recognizes that the City shall have the right to make and to implement decisions relative to the contracting and subcontracting of work as it may determine;however,before the City may contract work presently and regularly performed by members of the bargaining unit and provided such contracting will result in the layoff or demotion of current members of the bargaining unit,the following shall occur: 1. The Union shall be notified in writing at least seventy(70) calendar days in advance of the proposed implementation of such subcontracting. Such notification shall include a detailed 25 analysis of the likely impact on the bargaining unit,and shall also outline the projected financial impact and other considerations that the City has deemed are pertinent to its deliberations to contract or subcontract work. 2. Upon receipt of such notice,the Union shall have twenty(20) calendar days in which to notify the City of its desire to meet and discuss the subcontracting.The Union may propose changes in existing work rules,benefits,and/or wage rates in order to compete more effectively with the contractors or subcontractors and/or the Union may propose alternative staffing arrangements that it believes would reduce the impact of the contracting or subcontracting. The City shall not finalize a decision to contract or subcontract such work until after it has afforded the Union the opportunity to meet as provided above.The City shall give full consideration to all timely Union proposals before a decision is finalized. If such work is to be contracted or subcontracted,the City agrees to transfer or demote employees to any available vacant positions rather than lay off employees whenever it is feasible to do so;provided the employee meets the minimum qualifications with respect to education and work experience for the position to which he/she is to be transferred or demoted to,and provided that no employee rights or benefits under Article 17—Layoff are abridged.A demotion shall be defined as involuntary reassignment to a new classification with a lower paying maximum salary rate. ARTICLE 21—GRIEVANCE PROCEDURE Whenever possible,bargaining unit members should first attempt to resolve issues informally with their immediate supervisor,consulting with the Union as needed. For the purpose of this article,a union representative is considered to be a union steward or staff member of SEIU 503.For the purposes of the steps defined in this article,parties should generally meet at each step of the process. Employees may request union representation at any step in the grievance process. Section 1.Procedure:To promote betterrelations, the parties agree to settle any disputes as to the meaning of interpretation of this contract by the following procedures: (Any time limits or steps,.specified in the grievance procedure,may be waived by mutual written agreement of the parties.) All responses,after the step 1 filing,and advancements in the grievance process are due within fourteen(14) calendar days of the previous submission. When responses are not received within fourteen(14)calendar days of submission,grievances may be advanced to the next step unless the parties have agreed upon a waiver of the time limits. Action Deadline Action Employee/Union knows or should have known 21 days File step 1 grievance about a breach of Agreement Step 1 grievance filed 14 days Supervisor response due Supervisor responds or fails to respond 14 days File step 2 grievance Step 2 grievance filed 14 days Department head response due Department head responds or fails to respond 14 days File step 3 grievance City Manager responds or fails to respond 14 days Notify of intent to submit to arbitration Step 1: Immediate Supervisor.The Union,or any employee with notice to the Union,may claim a breach of this Agreement in writing to the employee's immediate supervisor within twenty-one(21)calendar days from 26 the occurrence thereof,or the employee's knowledge thereof.The notice shall be completed on the approved Official Statement of Grievance form and shall include: (a) A statement of the grievance and relevant facts; (b) Provision of the contract violated; (c) Remedy sought The supervisor or designee shall respond to the grievance in writing within fourteen(14) calendar days,with a copy to the Union. Step 2:Department Head.If after fourteen (14) calendar days,the grievance remains unresolved,the grievance may be submitted within fourteen(14)calendar days to the department head with copy to the Human Resources Director.The department head or designee may meet with the aggrieved party,who may request Union representation at the hearing.The department head or designee shall respond to the grievance in writing within fourteen(14) calendar days,with a copy to the Union. Step 3: City Manager.If,after fourteen(14)calendar days from the date of submission of the grievance to the department head,the grievance remains unresolved,the grievance may be submitted within fourteen (14) calendar days to the City Manager or designee,who shall meet with the aggrieved party and Union representatives and shall respond to the grievance in writing within fourteen(14) calendar days,with a copy to the Union. Step 4:Arbitration.If the grievance is not resolved within fourteen(14) calendar days from submission of the grievance to the City Manager,the Union may notify the City of its intent to submit the matter to an arbitrator within fourteen (14)calendar days from the time the grievance response was received or due.The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator within twenty-five(25)calendar days of the submission of the grievance to the City Manager,they shall be chosen in the following manner: (a) A list of eleven(11) Oregon/Washington arbitrators from the Oregon Employment Relations Board shall be requested and the parties shall alternately strike one (1) name from the list until only one(1) is left.The Union shall strike the first name.The one(1)remaining shall be the arbitrator. (b) The arbitrator shall render a decision in writing within thirty(30) days of the close of the hearing. The powers of the arbitrator shall be limited to interpretation of this Agreement,determining whether a specific provision of this Agreement has been violated,and establishing an appropriate remedy provided such remedy is within the scope of this Agreement.The decision of the arbitrator shall be binding on both parties. (c) The cost of the arbitration shall be borne by the losing party.Each party shall be responsible for the costs of presenting its own case to the arbitrator. Section 2. Failure to Meet Time Limits or Steps:Failure to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the grievance.A grievance may be terminated at any time upon receipt of a signed statement from the Union or the employee that the matter has been resolved. 27 If at any step of the grievance procedure the City fails to issue a response within the time limits set forth in this Article,the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. Section 3. Calculation of Time:For purposes of this Article,time shall be calculated on the basis of calendar days unless otherwise expressly indicated. When a timeline due date falls on a Saturday,Sunday,or other day in which the City is officially closed,the due date shall be extended to the following business day in which the City is open. ARTICLE 22—INCLEMENT WEATHER Section 1.When,in the judgment of the City,weather conditions require the closing of City offices after employees report to work,employees shall be paid for the remainder of their shifts. Section 2. Employees required to work despite city office closures will be credited with compensatory time off on a one-to-one basis for hours worked after other employees were sent home. Section 3.If weather conditions become hazardous,the employee may go home prior to the end of the employee's work shift,after notifying and receiving approval from the employee's supervisor or designee. This leave will be considered vacation,compensatory time,or leave without pay. Section 4.The City may notify employees not to report to work prior to the beginning of the work shift because of inclement weather or hazardous conditions. This leave will be considered time worked. In cases where the closure is for morning only,employees will be expected to report for whatever remains of their shift once the city is reopened.Employees who fail to report and/or request and receive permission to not report will be on their own leave time for the full day. Section 5.When extreme weather conditions make coming to work dangerous,an employee shall be excused from reporting to work after notifying and receiving approval from their supervisor or designee. This leave will be considered the employee's own leave time vacation,compensatory time,holiday or in cases of insufficient leave available,leave without pay. 28 ARTICLE 23- TERM OF AGREEMENT AND REOPENING This Agreement shall be effective and shall remain in full force and effect through the 30th day of June 2022. This Agreement shall automatically be renewed from year to year thereafter unless either party shall notify the other in writing no later than October 1,2021,that it wishes to modify the Agreement. CITY OF TIGARD SEIU Local 503/OPEU Local 199 Martha Wine,City Manager Melissa Unger,Executive Director Date: Date: Dana Bennett,HR Director/Chief Negotiator Jill Bentley,Local President Date: Date: Stephen Hughes,Bargaining Team Date: Jennifer Joe,Bargaining Team Date: John Sager,Bargaining Team Date: Kyle Arnhart,Bargaining Team Date: Evan Paster,SEIU Organizer Date: 29 APPENDIXA -SALARY SCHEDULES 2019-2020 SEIU SALARY SCHEDULE Ranee# Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 S9 Monthly $2,269.00 $2,382.00 $2,501.00 $2,626.00 $2,707.00 $2,895.00 Library Aide Hourly $13.09 $13.74 $14.43 $15.15 $15.91 $16.70 Annually $27,228.00 $28,584.00 $30,012.00 $31,512.00 $33,084.00 $34,740.00 Pay Period $1,047.23 $1,099.38 $1,154.31 $1,212.00 $1,272.46 $1,336.15 S22 Monthly $2,977.00 $3,126.00 $3,282.00 $3,446.00 $3,618.00 $3,799.00 $3,989.00 Accounting Assistant I Hourly $17.18 $18.03 $18.93 $19.88 $20.87 $21.92 $23.01 Administrative Specialist I Annually $35,724.00 $37,512.00 $39,384.00 $41,352.00 $43,416.00 $45,588.00 $47,868.00 Court Clerks Pay Period $1,374.00 $1.442.77 $1,514.77 $1,590.46 $1,669.85 $1,753.38 $1,841.08 S24 Monthly $3,128.00 $3,284.00 $3,448.00 $3,620.00 $3,801.00 $3,991.00 $4,191.00 Reprographics Specialist Hourly $18.05 $18.95 $19.89 $20.88 $21.93 $23.03 $24.18 Annually. $37,536.00 $39,408.00 $41,376.00 $43,440.00 $45,612.00 $47,892.00 $50,292.00 Pay Period $1,443.69 $1,515.69 $1,591.38 91,670.77 $1,754.31 $1,842.00 $1,934.31 S25 Monthly $3,206.00 $3,366.00 $3,534.00 $3,711.00 $3,897.00 $4,092.00 $4,297.00 Library Assistant Hourly $1850 $19.42 $20.39 921.41 $22.48 $23.61 $24.79 Annually $38,472.00 $40,392.00 $42,408.00 $44,532.00 $46,764.00 $49,104.00 $51,564.00 Pay Period $1,479.69 $1,553.54 $1,631.08 $1,712.77 $1,798.62 $1,888.62 $1,983.23 $24 Monthly $3,286.00 $3,450.00 $3,623.00 $3,804.00 $3,994.00 $4,194.00 14,404.00 Records Technician Hourly $18.96 $19.90 $20.90 $21.95 $23.04 $24.20 $25.41 Utility Worker I Annually $39,432.00 $41,400.00 $43,476.00 $45,648.00 $47,928.00 $50,328.00 $52,848.00 Pay Period $1,516.62 $1,592.31 $1,672.15 $1,755.69 $1,843.38 $1,935.69 $2,032.62 S28 Monthly $3,455.00 $3,628.00, $3,809.00 $3,999.00, $4,199.00 $4,409.00 $4,629.00 Administrative Specialist II Ho W $19.93 $20.93 $21.98 $23.07 $24.23 $25.44 $26.71 Court Clerk II Annually 141,460.00 $43,536.00 $45,708.00 $47,988.00 $50,388.00 $52,908.00 $55,548.00 Customer Service Specialist+ Pay Period $1,594.62 $1,674.46 $1,758.00 $1,845.69 $1,938.00 $2,034.92 $2,136.46 $29 Monthly $3,540.00 $3,717.00 $3,903.00 $4,098.00 $4,303.00 $4,518.00 $4,744.00 Accounting Assistant 11 Hourly $20.42 $21.44 $22.52 $23.64 $24.83 $26.07 $27.37 Customer Service Field Worker Annually. $42,480.00 $44,604.00 $46,836.00 $49,176.00 $51,636.00 $54,216.00 $56,928.00 Permit Technician Assistant Pay Period $1,633.85 $1,715.54 $1,801.38 $1,891.38 $1,986.00 $2,085.23 $2,189.54 Senior Library Assistant $30 Monthly $3,629.00 $3,810.00 $4,001.00 84,201.00 S4,411.00 04,632.00 $4,864.00 Senior Court Clerk Hourly $20.94 $21.98 $23.08 02424 $25.45 026.72 $28.06 Annually $43,548.00 $45,720.00 $48,012.00 550,412.00 $52,932.00 555,584.00 $58,368.00 Pay Period 01,674.92 $1,758.46 $1,846.62 $1,938.92 $2,035.85 $2,137.85 $2,244.92 S31 Monthly $3,718.00 $3,904.00 $4,099.00 $4,304.00 $4,519.00 $4,745.00 $4,982.00 Engineering Technician I Hourly $21.45 $22.52 $23.65 $24.83 $26.07 82738 $28.74 Fleet Maintenance Technician Annually $44,616.00 $46,848.00 $49,188.00 851,648.00 $54,228.00 $56,940.00 $59,784.00 Utility Worker II Pay Period $1,716.00 $1,801.85 $1,891.85 $1,986.46 $2,085.69 02,190.00 $2,299.38 S32 Monthly $3,811.00 $4,002.00 54,202.00 04,412.00 $4,633.00 $4,865.00 $5,108.00 Building Maintenance Technician II Hourly $21.99 523.09 $24.24 525.45 $26.73 $28.07 $29.47 Program Specialist Annually 845,732.00 $48,024.00 $50,424.00 $52,944.00 $55,596.00 $58,380.00 561,296.00 Senior Administrative Specialist Pay Period 01,758.92 $1,847.08 $1,939.38 $2,036.31 $2,138.31 $2,245.38 $2,357.54 S33 Monthly 83 9116.00 $4,101.00 $4,306.00 $4,521.00 $4,747.00 $4,984.00 $5,233.00 Senior Accounting Assistant Hourly 52253 $23.66 024.84 526.08 82739 528.75 530.19 Senior Customer Service Field Worker Annually $46,872.00 849,212.00 851,672.00 $54,252.00 $56,964.00 559,808.00 $62,796.00 Pay Period $1,802.77 $1,892.77 81,987.38 $2,086.62 $2,190.92 $2,300.31 $2,415.23 S34 Monthly $4,003.00 $4,203.00 $4,413.00 $4,634.00 $4,866.00 $5,109.00 $5,364.00 Engineering Assistant• Hourly $23.09 524.25 $25.46 826.73 $28.07 $29.48 $30.95 Annually $48,036.00 $50,436.00 $52,956.00 $55,608.00 $58,392.00 $61,308.00 $64,368.00 Pay Period $1,84754 81,939.85 02,036.77 $2,138.77 $2,245.85 $2,358.00 $2,475.69 S35 Monthly $4,104.00 $4,309.00 $4,524.00 04,750.00 $4,988.00 85,237.00 $5,499.00 Backflow-Cross Connection Specialist Hourly $23.68 $24.86 526.10 827.40 820.78 53031 831.73 CMMS Specialist Annually $49,248.00 $51,708.00 $54,288.00 $57,000.00 $59,856.00 5562,844.00 565,988.00 Mechanic x Pay Period $1,894.15 $1,988.77 $2,088.00 $2,192.31 $2,302.15 $2,417.08 $2,538.00 Permit Technician Records Management Specialist Senior Utility Worker Water Utility Tech Purchasing Specialist 30 S36 Monthly $4,208.00 $4,418.00 $1,639.00 $4,871.00 $5,115.00 $5,371.00 $5,640.00 GIS Technician II Ho ty $24.28 $25.49 $26.76 $28.10 $29.51 530.99 $32.54 Annually $50,496.00 $53,016.00 $55,668.00 558,452.00 $61,380.00 $64,452.00 $67,680.00 PayPeriod $1,942.15 $2,039.08 $2,141.08 $2,248.15 52,360.77 $2,478.92 $2,603.08 S37 Monthly $4,311.00 $4,527.00 $4,753.00 $4,991.00 $5,241.00 $5,503.00 $5,778.00 Building Inspector I Ho ty $24.87 $26.12 $27.42 $28.79 $30.24 $31.75 $33.33 Code Cornpliane Officer Annually $51,732.00 $54,324.00 $57,036.00 $59,892.00 $62,892.00 $66,036.00 $69,336.00 Engineering Technician II Pay Period $1,989.69 $2,089.38 $2,193.69 $2,303.54 $2,418.92 $2,539.85 $2,666.77 Librarian Sr Building Maintenance Technician S39 Monthly $4,528.00 54,754.00 $4,992.00 $5,242.00 $5,504.00 $5,779.00 $6,068.00 Senior Permit Teclmicimr Hourly $26.12 $27.43 $28.80 $30.24 $31.75 $33.34 $35.01 Senior Water Utility Technician Annually $54,336.00 $57,048.00 $59,904.00 $62,904.00 $66,048.00 $69,348.00 $72,816.00 Pav Period $2,089.85 $2,194.15 $2,304.00 $2,419.38 $2,540.31 $2,667.23 $2,800.62 S40 Monthly $4,643.00 $4,875.00 $5,119.00 $5,375.00 $5,644.00 $5,926.00 $6,222.00 Graphic Designer Hourly $26.79 $28.13 $229.53 $31.01 $32.56 $34.19 $35.90 Information Technology Specialist Annually $55,716.00 $58,500.00 $61,428.00 $64,500.00 $67,728.00 $71,112.00 $74,664.00 Parr Period $2,142.92 $2,250.00 $2,362.62 $2,480.77 $2,604.92 $2,735.08 $2,871.69 S41 Monthly $4,759.00 $4,997.00 $5,247.00 $5,509.00 $5,784.00 $6,073.00 $6,377.00 Livability Compliance Specialist* Hourk $27.46 $28.83 $30.27 $31.78 $33.37 $35.04 $36.79 Senior Engineering Technician Annually $57,108.00 $59,964.00 $62,964.00 $66,108.00 $69,408.00 $72,876.00 $76,524.00 Senior Librarian Pay Penod $2,196.46 52,306.31 $2,421.69 $2,542.62 $2,669.54 $2,802.92 $2,943.23 S42 Monthly $4,877.00 $5,121.00 $5,377.00 $5,646.00 $5,928.00 $6,224.00 $6,535.00 Plans Examiner Hourly $28.14 $29.54 $31.02 $32.57 $34.20 $35.91 $37.70 Annually $58,524.00 $61,452.00 $64,524.00 $67,752.00 $71,136.00 $74,688.00 $78,420.00 Pay Period $2,250.92 $2,363.54 $2,481.69 $2,605.85 $2,736.00 $2,872.62 $3,016.15 S43 Monthly $5,002.00 $5,252.00 $5,515.00 $5,791.00 $6,081.00 $6,385.00 $6,704.00 Building-Housing Code Compliance Officer* Hourly $28.86 $30.30 $31.82 $33.41 $35.08 $36.84 $38.68 Building Inspector II Annually- $60,024.00 $63,024.00 $66,180.00 $69,492.00 $72,972.00 $76,620.00 $80,448.00 Pay Period $2,308.62 $2,424.00 $2,545.38 $2,672.77 $2,806.62 $2,946.92 $3,094.15 S44 Monthly $5,125.00 $5,381.00 $5,650.00 $5,933.00 56,230.00 $6,542.00 $6,869.00 Environmental Program Coordinator Hourly $29.57 $31.04 $32.60 $34.23 $35.94 $37.74 $39.63 GIS Programmer Analyst Annually 561,500.00 $64,572.00 $67,800.00 $71,196.00 $74,760.00 $78,504.00 $82,428.00 Project Coordinator Pay Period $2,365.38 $2,483.54 $2,607.69 $2,738.31 $2,875.38 $3,019.38 $3,170.31 545 Monthly $5,255.00 $5,518.00 $5,794.00 $6,084.00 $6,388.00 $6,707.00 $7,042.00 Engineering Construction Inspector* Ho k $30.32 $31.83 $33.43 535.10 $36.85 $38.69 $40.63 Annually 563,060.00 $66,216.00 $69,528.00 $73,008.00 $76,656.00 $80,484.00 $84,504.00 Pay Period 52.425.38 52,546.77 $2,674.15 52,808.00 $2,948.31 $3,095.54 53,250.15 S46 Monthly $5,385.00 $5,654.00 $5,937.00 $6,234.00 $6,546.00 $6,873.00 $7,217.00 Hourly $31.07 $32.62 $34.25 $35.97 $37.77 $39.65 $41.64 Annually $64,620.00 $67,848.00 $71,244.00 $74,808.00 $78,552.00 $82,476.00 $86,604.00 Pay Period $2,485.38 $2,609.54 $2,740.15 $2,877.23 $3,021.23 $3,172.15 $3,330.92 S47 Monthly $5,519.00 $5,795.00 $6,085.00 $6,389.00 $6,708.00 $7,043.00 $7,395.00 Senior Building Inspector Hourly $31.84 $33.43 $35.11 $36.86 $38.70 $40.63 $42.66 Senior Plans Examiner Annually $66,228.00 $69,540.00 $73,020.00 $76,668.00 $80,496.00 $84,516.00 $88,740.00 Senior GIS Programmer Analyst Pay Period $2,547.23 $2,674.62 52,808.46 $2,948.77 $3,096.00 $3,250.62 $3,413.08 548 Monthly $5,656.00 $5,939.00 $6,236.00 $6,548.00 $6,875.00 $7,219.00 $7,580.00 Sr Environmental Program Coordinator Hourly $32.63 534.26 $35.98 $37.78 $39.66 541.65 543.73 Annually $67,872.00 $71,268.00 $74,832.00 $78,576.00 $82,500.00 $86,628.00 $90,960.00 Pay Period $2,610.46 $2,741.08 $2,878.15 $3,022.15 $3,173.08 $3,331.85 $3,498.46 31 APPENDIX B—BUILDING INSPECTOR DIFFERENTIAL The intent of this Appendix is to update the names of the certification for the building inspectors and not a reduction in benefits from the 2016-2019 CBA for bargaining unit employees. Building Inspector II&Senior Building Inspector Building Inspector I Plans Examiner Sr Plans Examiner A-level Structural& Residential Structural& A-level Plumbing A-level Electrical Mechanical Mechanical 1&2 Family Plans Examiner A-level Plans Examiner(FLS) Base Requirements Residential Plumbing Residential Electrical Residential Structural A-level Structural& &Mechanical Mechanical A-level Structural& A-level Structural& Mechanical Mechanical A-level Electrical Residential Electrical A-level Electrical A-level Electrical A-level Electrical A-level Plumbing A-level Plumbing Residential Plumbing A-level Plumbing A-level Plumbing Residential Structural& Residential Structural& A-level Structural& Items eligible for Mechanical Mechanical Residential Electrical Mechanical A-level Plans Examiner(FLS) $75/month each A-level and Residential Residential Electrical Residential Plumbing Residential Plumbing A-level Electrical Structural&Mechanical A-level and Residential A-level and Residential Structural&Mechanical Structural&Mechanical A-level Plumbing NONE NONE NONE NONE Residential Electrical Residential Electncal Items Eligible for $30/month bonus Residential Plumbing Residential Plumbing each Residential Structural& Mechanical Items eligible for NONE NONE NONE Manufactured Home Manufactured Home NONI'. $10/month each Installation Inspector Installation Inspector 32 APPENDIX C—LABOR AND MANAGEMENT COLLABORATION COMMITTEE (LMC) The parties agree to continue this collaborative program designed to explore the effectiveness of more regular labor/management meetings between department management and Union representatives. The parties therefore agree as follows: 1. There will be three different departmental labor/management committees which will exist during the life of this Agreement. 2. The three committees will be from the following departments:a.Library;b. Public Works;c. CD/Finance/Central Services. 3. Each of these three committees will consist of up to three members of management and up to three SEIU union members from the department.The management representatives will be selected by the City and the employee representatives will be selected by the Union. 4. Cross-departmental committees may be set up as needed by mutual agreement. 5. Each committee will meet every other month for a period of up to one-and-a-half hours for the purpose of working collaboratively toward solutions to current workplace issues,for improved efficiency and productivity,and for effective, two-way communication and respectful working relationships.The committees by mutual agreement may set alternative meeting schedules or make other changes as mutually agreed by the committee members. 6. Employee representatives of the committees will be compensated for their time spent in committee meetings with management. 7. The committees will have no authority to modify the collective bargaining agreement, discuss active grievances,or engage in bargaining over mandatory subjects. 8. Either party may re-evaluate the collaboration program on a yearly basis.This program may be modified and/or extended beyond the length of this Agreement,only by mutual agreement. 37 APPENDIX D-COMMERCIAL DRIVERS LICENSE IMPACT OF LOSS Employees in positions requiring the possession of a commercial driver license(CDL) are expected to maintain the CDL.An employee holding such a position who is unavailable for work in that position while recovering from injury or illness may be placed temporarily on a light duty assignment (if available) or on leave where a temporary light duty assignment is not available. Such temporary reassignment or leave would not impact the employee's classification. However,an employee who is unavailable for work in that position for six (6)months or more may be impacted. In order to maintain operational efficiency,it is necessary that there be a sufficient number of employees in Utility Worker positions who have a CDL.Where a Utility Worker II is unable to maintain the CDL,that employee may be reclassified to Utility Worker I,if the division is able to maintain operational efficiencies with the change in classification. Such employee would remain in the Utility Worker I classification until they regain the qualification to work as Utility Worker II (CDL is reinstated) and/or unless they were bumped out of the Utility Worker I classification.The impact of the change in classification would be consistent with the voluntary demotion process. In a situation where too many staff lost the CDL, such that operational efficiencies were negatively impacted,then the process to determine which staff would be allowed to reclassify down into a Utility Worker I and/or remain in the Utility Worker I classification would be as follows: • First priority would be given to employees with accepted worker's compensation medical conditions (EG staff injured on the job). If more than one staff was so situated,bargaining unit seniority would be the determining factor between the staff,should it be necessary. • Second priority would be given to employees with personal medical conditions preventing them from maintaining a CDL.Again,if more than one employee was so situated, bargaining unit seniority would be the determining factor should it be necessary. • When an employee's loss of a CDL is related to a medical condition,the City would engage in the interactive process with that employee,consistent with the ADA and Oregon law,to determine whether transfer to an open position not requiring a CDL would be reasonable (such as other vacant positions within the City where the employee might be capable of performing the essential functions with or without reasonable accommodation). If no such transfer position is available,then a medical layoff would be the next step. Employees who are subject to such a medical layoff will then have rights consistent with other laid off employees per Article 17,including recall rights for a period of 12 months following separation;where the medical condition is work-related,such an employee may also have reinstatement or reemployment rights under state workers'compensation laws. The Senior Utility Workers job classification also requires the maintenance of a CDL and therefore Seniors would also potentially be allowed to reclassify down to a Utility Worker I should the CDL be lost under the same rules as those listed above,so long as it could be accommodated operationally. However,once the CDL was reinstated,a former Senior would not necessarily be allowed to return to the former Senior position and might instead be moved up to a Utility Worker II. • In a case where medical reasons caused the loss of the CDL and the employee has been reclassified to a Utility Worker I,where the medical reason was work related,and where the 38 employee was able to reinstate the CDL within three years of the date of injury,then reinstatement to the former Senior position would be permitted.In such cases any promotion would need to be rolled backward. 1 • In a case where medical reasons caused the loss of the CDL,where the employee has been reclassified to a Utility Worker I and where the medical reason was non-work related,if the CDL is lost for more than six (6)months,then the former Senior would not be allowed to return to the Senior classification,but would be moved to a Utility Worker II upon reinstatement of the CDL. • When an employee in a Senior Utility Workers position loses a CDL related to a medical condition but no Utility Worker I position is available,the City would engage in the interactive process with that employee,consistent with the ADA and Oregon law,to determine whether transfer to an open position not requiring a CDL would be reasonable (such as other vacant positions within the City where the employee might be capable of performing the essential functions with or without reasonable accommodation). If no such transfer position is available,then a medical layoff would be the next step.Employees who are subject to such a medical layoff will then have rights consistent with other laid off employees per Article 17,including recall rights for a period of 12 months following separation;where the medical condition is work-related,such an employee may also have reinstatement or reemployment rights under state workers'compensation laws. 1. Current Worker's Compensation law requires that should an employee be accommodated into another role and then recover such that they could again fulfill the essential functions of the formerly held position,that reinstatement to the former position is required.Thus,any promotion of other staff that occurred in the interim,would need to be undone,the impacted staff would be treated as a bump down. 39 MEMORANDUM OF AGREEMENT—Market Review Effective January 1,2020 the City agrees to implement a one-time market adjustment of 2.5% (one pay range) for the Utility Worker I classification. Employees of the Parks Division may request voluntary demotion to Utility Worker I,thus eliminating the requirement to maintain a commercial driver license (CDL). Should multiple Utility Worker IIs request voluntary demotion to Utility Worker I,permission to do so will be provided based on operational need with consideration given first to medical necessity and secondly to seniority with the City. Such permission may be granted at the discretion of the Public Works Director in consultation with human resources. Effective January 1,2020 the City agrees to implement a one-time market adjustment of 5.0% (two pay ranges) for the Senior Utility Worker classification. The City will conduct a salary study of the following SEIU positions: 1. Utility Worker II (Water Distribution as Benchmark) Should the City determine the Utility Worker II classification is more than four percent(4.0%)behind the average of the market,a one-level range adjustment shall be enacted.Should the City determine the Utility Worker II classification is more than 6.0%behind the average of the market,a two-level range adjustment shall be enacted. The cities utilized in the salary study shall be consistent with those used during the previous City study in 2008,in order to preserve internal equity between classifications. The study shall be completed by June of 2021 and any adjustments as a result of that review shall become effective July 1,2021. Should a range be adjusted,individuals within the range will maintain their existing rate of pay;however, individuals would have their step number adjusted accordingly to match within the new range. Impacted individuals would be eligible to receive future merit increases,in accordance with Article 13 Wages,Section 3 Evaluations, Subsections (a)though(c).This means that those impacted staff who on July 1,2021 have already spent 12 or more months at the top step of the former range,would be merit increase eligible on July 1,2021,regardless of date of hire, but still in accordance with the criteria in Article 13. Further,any impacted individual,whose current step placement was below the start of a new range,would be moved on to the new range. 40 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF TIGARD and SEIU LOCAL 503/OPEU,LOCAL 199 EXPIRES JUNE 30,204-92022 TABLE OF CONTENTS PREAMBLE 1 ARTICLE 1 —RECOGNITION 1 ARTICLE 2—SAVINGS CLAUSE 2 ARTICLE 3—EMPLOYEE RIGHTS 2 ARTICLE 4—MANAGEMENT RIGHTS 2 ARTICLE 5—UNION SECURITY 3 ARTICLE 6—UNION RIGHTS 554 ARTICLE 7—CITY SECURITY 665 ARTICLE 8—SENIORITY,PROBATIONARY PERIOD,POSTING,PROMOTIONS,AND RECLASSIFICATION 665 ARTICLE 9—HOURS,OVERTIME,AND PREMIUM PAY 998 ARTICLE 10—HOLIDAYS 131'344 ARTICLE 11 —VACATION 114-112 ARTICLE 12—BENEFITS 161611 ARTICLE 13—SALARIES 181816 ARTICLE 14—TRAVEL,TRAINING AND REIMBURSEMENT 191917 ARTICLE 15—SICK LEAVE 222244 ARTICLE 16—OTHER LEAVE 232328 ARTICLE 17—LAYOFF 212421 ARTICLE 18—INVESTIGATIONS,DISCIPLINE AND DISCHARGE 252522 ARTICLE 19—PERSONNEL RECORDS 272723 ARTICLE 20—CONTRACTING AND SUBCONTRACTING OF WORK 284 ARTICLE 21 —GRIEVANCE PROCEDURE 285 ARTICLE 22—INCLEMENT WEATHER 303026 ARTICLE 23—TERM OF AGREEMENT AND REOPENING 313127 APPENDIX A—SALARY SCHEDULES 328 APPENDIX B—BUILDING INSPECTOR DIFFERENTIAL 383632 APPENDIX C—LABOR AND MANAGEMENT COLLABORATION COMMI FLEE(LMC) 37 APPENDIX D—COMMERCIAL DRIVERS LICENSE IMPACT OF LOSS 38 MEMORANDUM OF AGREEMENT—Market Review 40 PREAMBLE This Agreement is entered into as of ratification by both parties of the collective bargaining agreement by SEIU Local 503/OPEU,hereinafter referred to as the"Union," and the City of Tigard,hereinafter referred to as the "City," for the purposes of collective bargaining. It is the purpose of this document to set forth the full Agreement between the above-mentioned parties on matters relating to employment relations. The City and the Union acknowledge that during the negotiations which resulted in this Agreement,each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining,and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in full in this Agreement. Therefore,the City and the Union,for the life of this Agreement,each voluntarily and unqualifiedly waive the right,and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement or with respect to any subject or matter not specifically referred to or covered in this Agreement,even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at that time that they negotiated this Agreement. The parties agree however that this language does not apply to City policies. ARTICLE 1-RECOGNITION Section 1.Bargaining Unit:The City recognizes SEIU Local 503/OPEU"Union"as the sole and exclusive bargaining agent,for the purpose of establishing wages,hours,and conditions of employment,for the classifications listed in Appendix"A" for all full-time,regular employees (those employees regularly scheduled to work forty(40)hours per week) and for all regular,part-time employees (those employees regularly scheduled to work twenty(20) hours or more per week,but less than forty(40)hours per week).All seasonal employees (those hired to work for a fixed period of time which is less than one year),casual,irregular part- time (those scheduled to work less than twenty(20)hours per week),and all other employees are excluded from the bargaining unit.Any employee employed on a temporary basis will be excluded from the bargaining unit. It is agreed that temporary,seasonal,casual and irregular part-time employees shall not work for more than 1,040 hours in a calendar year and must have a minimum of a 13-week break in service,prior to returning to the City in a temporary capacity. If a temporary,seasonal,casual,or irregular part-time employee is worked beyond the 1040 hours in a year(without an extension on file),the City must pay the Union equivalent dues that would be owed for all hours worked since the start date for that employee and immediately release the employee from City service.The City agrees that once each quarter(January,April, July,and October) the Union will be provided a calendar year to date total hours worked report for City temporary staff.The Union agrees that when extenuating circumstances exist,a temporary assignment may be extended for up to two months (347 hours)with an explanation of the circumstances and advanced notice to the Union.The parties agree that the foregoing limit on temporary employees'hours shall not apply when the temporary employee is employed as a substitute for a regular full-time or regular part-time employee during an extended leave or period of light duty not to exceed two (2)years or as the parties may otherwise agree. Section 2. Non-Discrimination:This Agreement shall be applied equally to all employees represented by the Union without unlawful discrimination for any reason.The Union shall share equally the responsibility for applying the provisions of this paragraph.Inasmuch as both State and Federal law include mechanisms for the resolution of discrimination issues,the Union and the City agree that the provisions of this Section shall be used as the basis for a Step 1 through Step 3 grievance,but shall not be pursued to Step 4-Arbitration,or otherwise cited as the basis for a claim of a violation of this Agreement. 1 Section 3.New Classifications:The City shall notify the Union of its decision to change an existing or add a new classification by sending a copy of the new or revised classification description to the Union.The City shall also notify the Union of any change in job duties of an existing classification if such a change may affect the employee's representation status.The City shall also advise the Union as to whether or not it regards the new or revised classification or position to be within or outside the bargaining unit. If the City and the Union cannot agree as to whether or not such new or revised classification or position should or should not 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 new or revised classification or 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 Union shall have the right to bargain over the appropriate salary ranges for any new or substantially changed classification within the bargaining unit. Section 4.Notice: Unless otherwise provided in this Agreement,whenever notice to the Union is required under this Agreement, such notice shall be satisfied by actual delivery of written notice or e-mail to the Local 199 Union President. ARTICLE 2—SAVINGS CLAUSE If any Article or Section of this Agreement or any amendment thereto should be held invalid by operation of the law,or by any lawful tribunal having jurisdiction,or if compliance with or enforcement of any Article or Section should be restricted by such tribunal,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. Further,should a federal or state agency or court issue a decision that would result in a clause of this Agreement to be unlawful the City shall have the right to immediately reopen and bargain the relevant Article(s) of this Agreement if applicable. ARTICLE 3—EMPLOYEE RIGHTS 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 have the right to refuse to join or participate in the activities of any employee organization.No employee shall be interfered with,intimidated,restrained,coerced,or discriminated against by the City,by the Union,or by any employee because of his/kertheir exercise of these rights. ARTICLE 4—MANAGEMENT RIGHTS The City Manager 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 method of operation,including the introduction of new equipment; establishing procedures and standards for employment and promotion;layoff,transfer,and demotion;to discipline or discharge for just cause;determine job descriptions;determine work schedules and assign work, and any other rights,except as expressly limited by the terms of this Agreement. In all matters not specifically limited by this contract,the City shall have a clear right to make and to implement decisions in all such areas on a unilateral basis.All such decisions and actions shall not be subject to the contract grievance procedure or other claim of a violation of this Agreement. 2 ARTICLE 5- UNION SECURITY Section 1.Payroll Deductions (a) Upon written or electronic request from an employee,monthly Union dues plus any additional voluntary Union deductions shall be deducted from the employee's pay and remitted to the Union. All applications or cancellations of membership shall be submitted by the employee to the Union. Any written applications for Union membership and/or authorizations for Union dues and/or other deductions or dues cancellations which the City receives will be promptly forwarded to the Union. The Union will maintain the written,and/or electronic records and will provide copies to the City upon request. Prior to the city making such deductions and remitting payment to the Union,the Union must provide electronic copies of the signed authorization forms to the city. (b) A file containing new authorizations or changes in authorizations for employee Union deductions will be submitted by the Union to the City electronically by close of business on the business day immediately preceding the tenth(10th)of each month.The City agrees that new or changed payroll deduction authorizations submitted within the above timelines shall be made for the month in which such list is submitted. (c) The City will not be held liable for check off errors but will make proper adjustments when notified of errors as soon as is practical. : :-- --: -- -. . - - - -- - :- -- - -- - were-of-shatild-have-beett-tyrade (d) For all deduction authorizations received on or before the tenth(10th) of the month,deductions shall be made for the month in which the application is submitted. If the City receives a request to rescind,the City shall forward such request to SEIU through the VIP process with email notifications to SEIU's membership departmentthe-Uniert. If the Union shows,within ten(10) calendar days,an applicable agreement that prevents revocation under ORS 243.776 and/or ORS 292.055 or other state or federal applicable laws or rules,then the City Union shall inform the employee of those results.Absent documentation from the Union within the time frame,showing a bar to revocation,the City shall process the employee's request. In addition to general indemnification,the Union will indemnify,defend,and hold the City harmless against any claim made or any suit initiated against the City as a result of any City action taken pursuant to the provisions of this Section.Copies of all such requests for dues cancellation shall be transmitted to the Union. (e) The aggregate deductions of all employees,together with an itemized statement, shall be remitted to the Union's Salem headquarters no later than the tenth(10th)day of the month following the month for which the deductions were made.The itemized listing of Union positions shall reflect the following(on or before July 2019): a. Employee ID Number b. Employee First and Last Name c. Membership Status d. Department e. Job Classification f. Hourly Rate of Pay 3 g. Dues Detail h. Changes (including hire/separation and effective date) i. Home Address j. Home Phone k. Date of Hire 1. FIE m. Work Email Address n. Work Extension Number new members,salary change,new changes,or any other personnel action which would affect the .- : .. .. - -- .. --- ---- . :. ... • . - .. .:- - ' ----- --- - .. unique employee ID number,basc pay rate,hire date,FTE,home phone number and home address, (f) The City agrees to automatically adjust the dues amount for employees whose salaries increase or decrease during the term of this Agreement. (g) The City agrees to notify the Union when an employee leaves the bargaining unit,or changes member fair share or religious objector status as soon as practical,but no later than two (2)weeks after the change. authorized the deduction of dues pursuant to Section 1 of this article shall have payments in lieu of dues (fair share) deducted from their pay for transmittal to the Union in accordance with the provisions of Section 1 hereof.The ais eant of the fair share payment shall be the bona fide cost-of representation as certified in writing by the Union to the City and shall not exceed-the dues required of employees who arc members of The names of a$newly hired employees under this Agreement will be submitted to the Union President and Organizer within ten(10)days of their date of hire. tenet or teaching of a church or religious body of which such employee is a member,shall pay an amount of mutually agreed upon by the employee and the Union. Employees exercisMgthis right must notify the City and the Union of such status.Payment shall be remitted to that-charity by the employee and this fact certified by the employee to the Union within tee (1-0)calendar days of the time dues or fair share payments will have been taken out of the employee's paycheck. Upon an employee's failure to provide certification to the Union by the tenth(1-0t-h-)day,the Union may notify the City that it shall resume dues or fair share deductions until such notice is provided. Fair share payments shall be deducted from the wages of non member employees in accordance with ORS 243.672(1)(c).The aggregate deductions of all fair share payers shall be remitted,together with an itemized tatement,to the Union no later than the tenth (10th) day of-the month following the month for which deductions were made. Section 23-. Indemnification:The Union will indemnify,defend,and hold the City harmless against any claim made and against any suit instituted against the City as a result of any City action taken pursuant to the provisions of this Article. 4 ARTICLE 6— UNION RIGHTS Section 1.Meetings with the City:A Union steward or other Union representative and employees who are directly involved in a particular grievance shall be allowed to attend meetings with representatives of the City without loss of regular pay.The Union shall advise the City as to which employee or employees will attend any such meeting when the time of the meeting is set,and it shall be the responsibility of each individual employee to provide a minimum of twenty-four(24)hour advance notice whenever possible of the meeting to his r hertheir immediate supervisor.The City reserves the right to change the time of any meeting that unduly disrupts City operations. Section 2:Union Access:The City agrees that Union representatives shall be afforded reasonable access to nonworking spaces for the purpose of contract administration,provided such access does not interfere with the performance by City employees of their duties. Non-working spaces are break rooms.conference rooms or like facilities which are not in use.The Union representative shall be responsible for notifying the supervisor of such use before the meeting time to ensure that the space is available at the specified time. Section 32.Negotiations:The negotiating team of the Union,to be comprised of not more than five (5) employees,shall be permitted to attend negotiation meetings with City representatives without loss of regular pay,based on work time lost,when such negotiations are scheduled during the regular work hours of the involved employees.Some flexing of schedules will be allowed at the discretion of management,based on operational needs.but will not be guaranteed.In addition to the above-provided time off for negotiations,the Union's bargaining team shall be allocated a fifteen(15)-hour leave pool to be used among the bargaining team members for negotiation preparations and related activity during the course of negotiations.Team members desiring to use all or a portion of the leave pool shall request the time off at least forty-eight(48) hours in advance and will record their time as "Union Business Leave (UBL)."The parties agree that there may not be more than two (2) employees from the same department on the Union's negotiating team. Section 43.Bulletin Boards:The City agrees to furnish and maintain suitable bulletin board space in convenient places to be used by the Union.The Union shall limit its posting of notices and bulletins to such bulletin boards.The City agrees that the Union may utilize the inter-office electronic mail system as another form of communication between employees.The Union agrees that the e-mail system will not be used to discuss negotiations or to transmit confidential material such as grievance information.The Union agrees to restrict the use of e-mail to activities not prohibited by the contract. Section 54.Personnel Policies:The City shall submit a copy of any proposed revisions to the City's Personnel Policies and Procedures Manual to the Union for comment before such revisions are adopted. The Union shall be provided a copy of any work rules or other written memoranda that are distributed to all employees in the City or to all employees of a department of the City.The City shall maintain an up-to-date general Policies and Procedures Manual which shall be available in the Human Resources office.Written departmental policies and procedures will be made available in the department. Section 65. Stewards:The Union will provide the City with a current list of designated union stewards. If the Union fails to provide current steward names,no City time shall be granted for unnamed stewards.Time spent by stewards under this Article will be recorded and reported to the immediate supervisor by the steward as the time is incurred. If a steward fails to maintain or provide proper records of time spent,no further City time shall be granted. 5 Section 76.Leadership Meetings:The City Manager and the Union President shall meet quarterly for the purpose of maintaining open communication between the parties.These meetings are not intended to replace or supplement bargaining between the parties,and shall not include discussion of mandatory subjects of bargaining. Section P.New Employee Orientation:The City will schedule up to fifteen(15)thirty(30)minutes during an SEIU employee's new hire orientation to allow a Union Representative,Union Steward,or Officer time to provide a Union orientation.The City shall notify the Union President through a calendar invite. Orientations are typically scheduled every other week: -- -- - -; - - --•.-. ; -; - - =-- - ---. It shall be the Union's responsibility to provide an available Representative,Steward,or Officer at the scheduled time_ and they may attend on paid time during their normal work hours. Section 9:Union Delegate Leave: Official Union General Council delegates and members of the Union's Statewide Board of Directors shall be allowed to use accrued vacation leave or be granted a leave of absence without pay to attend the Union General Council Meeting.Leave for this purpose shall not exceed three(3) days in any twelve (12)month period.Such leave shall be subject to supervisory approval through the same process as other requests for time off. Union Professional Development Leave:Short leaves of absence without pay may be applied for,subject to the City's operational needs and at the sole discretion of the City,for employees in the bargaining unit to pursue professional development opportunities with SEIU.Such leaves shall not exceed two weeks in length. Operational impacts.potential for overtime,impacts on a work unit and potential employee development benefits to the City shall all be considerations prior to approving such a leave.Employees in a paid status less than a 30-hour equivalent FTE.shall pay the prorated costs of employee benefits. ARTICLE 7- CITY SECURITY The Union agrees that during the term of this contract its membership will not participate in a strike,work stoppage,sympathy strike,slowdown,or other interruption of work.Any violation of this Article shall be grounds for disciplinary action up to and including discharge.There shall be no lockout of employees during the term of this Agreement. ARTICLE 8-SENIORITY, PROBATIONARY PERIOD, POSTING, PROMOTIONS,AND RECLASSIFICATION Section 1. Determining Seniority: For the purpose of this Agreement,seniority shall be defined as an employee's length of continuous service with the City from the most recent date of hire in a regular,full-time or regular,part-time bargaining unit position.No employee who has accrued seniority as of the date of this Agreement will lose seniority by reason of this provision.Employees will continue to accrue seniority and other time-based benefits when they are out on protected leaves.Employees out on unprotected,unpaid leaves of absence that arc for thirty one(31)dayafor two work weeks or longer since his/her most recent hire twill not accrue seniority when out on leave but will retain the seniority they had before going on leave._ Such leaves of absence shall result in adjustments to the employee's end-of-probation date,merit eligibility date,leave accruals,and other time-based benefits. Section 2.Probationary Period: 6 (a) New Employee: The probationary period shall be six(6)months for all new employees.By mutual agreement of the City and the Union,an extension of the probationary period for a maximum of three (3)months may be implemented.During the probationary period,an employee may be discharged at the sole discretion of the City without any reasons or cause being shown. (b) Promoted or Transferred Employees: A newly promoted or transfer-feel-employee (defined as an employee appointed to a position in a classification which has a higher maximum salary rate than their current classification)will be subject to a probationary period of six (6)months from the effective date of the promotion or transfer.By mutual agreement of the City and the employee,ar- extension of the probationary period may be extended for a maximum of an additional three (3) months rated.During a promotional or transferee probationary period,an employee will continue to be considered a regular employee,will continue to accrue seniority,and shall be protected in discipline and discharge procedures on the same basis as other regular employees. If the employee's promotional or tran3fcrcc probationary period is unsuccessful.an-the employee shall-13emay returned to I ertheir previous classification or position,or to some other classification or position for which the employee is qualified in the same pay range and department if there is no vacancy in the employee's previous classification or position, at the sole discretion of the City.Written notice to the employee of the reasons for the action shall be provided. During the first sixty(60)days of their probationary period in the new job,employees shall have the right to return to their previous classification at their request. (c) Transferred Employees: A newly transferred employee(defined as an employee appointed to a new assignment which has the same maximum salary rate as their current present classification)will be subject to a probationary period of three(3)months from the effective date of the transfer.By mutual agreement of the City and the union,the probationary period may be extended for a maximum of an additional three(3) months.During a post-transfer probationary period,an employee will continue to be considered a regular employee,will continue to accrue seniority. If the employee's post-transfer probationary period is unsuccessful or at the request of the employee. the employee may return to their previous classification or position within their original department, if such vacancy exists. (ed) Reclassification: Employees filling positions that are reclassified by the City will not be subject to a probationary period unless otherwise indicated prior to the effective date of the reclassification. During such a reclassification probationary period an employee shall be returned to hisertheir previous classification or position,or to some other classification or position for which the employee is qualified in the same pay range and department if there is no vacancy in the employee's previous classification or position,at the sole discretion of the City. (d)_ Promotion: For purposcs of this Article,"Promotion"is defined as appointment to a position in a 7 Section 3.Job Posting:All vacancies and new positions to be filled shall be posted on appropriate bulletin boards for at least seven(7)calendar days prior to the application deadline.Additionally,posted positions will be emailed out to employees at least seven(7) calendar days prior to the application deadline.This electronic posting shall satisfy the posting requirement and serve as evidence of having posted a position,should there be a challenge.This subsection shall not apply to transfers,recall of employees'subject to layoff and/or to ADAAA/Worker's Compensation accommodations or returns from ADAAA/Worker's Compensation related leaves. Section 4.Promotions or Classification Transfer: The parties agree that the most qualified applicant for a promotional opportunity or classification transfer will be given preference in filling any such vacancy. Employees shall be given full consideration for all promotional opportunities or classification transfers,if they meet the qualifications.In cases where two(2) current City employees are considered,in the judgment of the City,to be equally qualified for a promotion,the promotion or classification transfer shall be given to the employee who has the greatest seniority.At the time of the promotion,an employee shall be placed at the starting rate for the job,minimum of at least five percent(5%) pay increase,provided that if the promoted employee has been acting in capacity in that position for a period of three(3)months or more,at the time of the promotion,the employee will be paid no less than the differential he or she wasthey were receiving while acting in capacity.The promoted employee's pay rate shall not,however,exceed the established pay range for the classification to which he or she isthey are being promoted.Any employee who is interviewed for a position,and who is not selected,shall upon request,be entitled to a meeting with his or hcrtheir supervisor and a representative from Human Resources to discuss actions he or 3hethey might take to become a more viable candidate for future openings. Section 5.Reclassification: If an employee has good reason to believe that the duties of hi their position are no longer consistent with the classification to which he/she isthey are assigned,a classification review request may be submitted in writing to the employee's supervisor.The classification review request shall detail the specific changes in job duties that have occurred since the effective date of this Agreement or the specific inconsistencies that exist between ltis/kertheir job duties and current classification. If the matter is not resolved between the employee and supervisor,the employee may within thirty (30)days following the employee's written classification review request submit a written classification review request to the department head.The City shall have thirty(30) days to review and respond to a classification review request and shall have an additional thirty(30)days if an outside consultant is to be retained for the purpose of reviewing the request.Wage adjustments which may result from this process may involve either an increase or a reduction in the employee's compensation,in no case retroactive for more than thirty(30) days previous to the date the written classification review request is submitted to the supervisor under this Section 5.No classification review request may be submitted by an employee during the period of his or hcrtheir probationary service with the City.An employee's merit review date will not be changed by reason of reclassification under this Section 5. The foregoing shall not be construed as preventing the City from exercising its right to transfer employees,to assign job duties,to define and redefine the job duties of any position,and upon its own initiative to reclassify positions pursuant thereto. When a position is reclassified,the incumbent who is subject to the reclassification shall be paid as follows: (a) If the new classification has a higher maximum rate of pay,the employee shall be paid the minimum rate of the new classification or their current rate of pay plus five percent(5%)whichever is greater. If the cmploycc'3 currcnt rate of pay exceed.,the maximum rate of pay of his/hcr new maximum ratc of pay of the new classification cxcccd3 hia/hcr current pay. (b) If the new classification has a lower maximum rate of pay,the employee shall receive hhertheir existing rate of pay but shall not be eligible for cost-of-living increases until such time as the established maximum pay rate for the new classification exceeds his/hertheir rate of pay,not to exceed thirty(30)months. If the - : :•-- : - - -- •• reclassification itis a result of employee request or in lieu of layoff the employee will be paid the applicable rate of pay for the lower classification given the length of the employee's service. (c) If the reclassified employee has been acting in capacity in that position for a period of three (3) months or more,at the time of the reclassification,the employee will be paid no less than the differential he-arsthey were receiving while acting in capacity. All reclassifications shall be effective upon the first of the month following the month in which the reclassification request was submitted to the City.No grievance regarding an employee's classification assignment may be filed until after the provisions of this Section have been exhausted.If a grievance regarding an employee's classification assignment is pursued to arbitration,the arbitrator shall be bound to the standards contained in this Section in making his/hcrtheir determination. ARTICLE 9-HOURS, OVERTIME,AND PREMIUM PAY Section 1.Work Week,Work Day and Work Schedule:The"work week",shall be defined as seven(7) consecutive days commencing at the start of the employee's work schedule. A"work day" shall be defined as a recurring twenty-four(24)hour period commencing at the start of the employee's work schedule. A"work schedule,"consistent with the operating requirement of the City,shall be a 5-8,4-10,9-80,flexible or part-time as follows: (a) A_"5-8"work schedule shall consist of five (5) consecutive days of eight(8)work hours each work week. (b) A"4-10"work schedule shall consist of four(4) consecutive days of ten(10)work hours each work week. (c) A"9-80"work schedule shall consist of four(4)days of nine (9)hours each,followed by one (1)day of eight(8)hours with every other week being a day off on the fifth(5th)day. (d) An alternative work schedule shall consist of fixed hours other than a 5-8,4-10,or 9-80 schedule. (e) A"flexible"work schedule shall be equal in total hours worked during the work week to that of a"5- 8" employee but remains variable with regard to the 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.Assignments which the City expects to work a flexible schedule will 9 be identified as such.An employee's acceptance of such assignments constitutes the employee's voluntary agreement to a flexible schedule. (fl "Regular part-time"employees shall be scheduled to work a portion of any of the above- specified schedules. (g) Job Sharing: As long as the City maintains a policy allowing job sharing,employees shall be eligible to participate in the City's program.The application of the policy,however,shall not be subject to the grievance procedure. Section 2.Overtime:The City and the Union agree to waive the application of ORS 279-340653.268 and shall utilize the following provisions in determining compensation for overtime: All authorized work shall be compensated at the rate of time-and-one-half for work under the following conditions: (a) Employees assigned to a 5-8 schedule shall receive overtime for any work after eight(8) hours on any work day,and for any mandatory work performed on the sixth (6th) or seventh(7th)day of the employee's work week. (b) Employees assigned to a 4-10 schedule shall receive overtime for any work after ten(10) hours on any work day and for any mandatory work performed on the fifth (5th),sixth(6th),or seventh(7th) day of the employee's work week. (c) Employees assigned to a 9-80 schedule(consisting of four (4)days of nine (9)hours each,followed by one (1) day of eight(8)hours with every other week being a day off on the fifth(5th)day)receive overtime for work time required outside their regularly scheduled work day hours (9 or 8 based on the day within the schedule) and for any work required to be performed on their regularly scheduled days off.For FLSA purposes,the work week begins at the halfway point of the eight-(8)hour day and runs for seven(7) calendar days,establishing each week as a forty(40) hour work week. (d) Employees assigned to a flexible work schedule shall receive overtime credit for all authorized work hours that exceed forty(40)hours per work week. All overtime pay shall be computed to the nearest one-quarter(1/4)hour.Under no conditions will overtime be paid twice for the same hours worked. Section 3.Payment of Overtime and Compensatory Time: Overtime that is not scheduled as compensatory time off during the pay period in which it is worked shall be paid in cash or,if authorized by the City and agreed to by the employee,be accrued as compensatory time off to the extent such is allowed by law.The time shall be scheduled upon the employee request,consistent with the operating needs of the City and in accordance with the Fair Labor Standards Act.The parties agree that the City will not be obligated to schedule compensatory time off and that such a request will be deemed to be unduly disruptive if the request would cause the City to incur overtime to cover the requested time off. Compensatory time off accrual shall be capped at no more than a total of sixty(60) hours.Any time banked over the sixty(60) hour maximum shall be paid in cash.Aa a transition for staff who currently havc banks in cxccsa of sixty(60) hours,thcy will havc time to take time off in order to reduce their bank to the sixty(60)hour maximum.Any amount in 10 cxcc33 of sixty(60) hours a3 of the first paycheck in January 2017 shall be cashed out.All accrued compensatory time shall be paid in cash upon termination of employment with the City. Section 4.Extended Schedule Situations: Employees who work sixteen(16)hours or more in a rolling 24- hour period will be compensated at double time for any hours beyond sixteen(16) hours and shall have at least eight(8)hours' off duty prior to returning to work unless an emergency is declared by the City Manager or designee. Section 54. Shift Change Premium: If an employee's regularly scheduled work hours are changed with less than five (5)calendar days'advance notice,those hours upon the first day of the modified schedule that fall outside of the originally scheduled hours shall be paid at the overtime rate.The provisions of this Section shall not apply if the change in work hours is at the request of the employee or is the result of an emergency or unforeseeable circumstance, such as inclement weather. Section 66. Call-Back:Any employee who has completed hi /hertheir work day and departed the City's premises upon completion of said day and is then physically called back to work more than two(2)hours before the start of ertheir next normal shift will receive a minimum of two (2) hours pay at time-and- one-half of the employee's regular rate of pay.In the event such a call-in occurs less than two (2)hours prior to the start of the employee's next normally scheduled shift,the employee shall receive overtime pay until the start of his/hcrtheir regular shift,at which time lie/lhethey will begin receiving compensation at l et-their regular straight-time rate. If an employee is physically called back to work between the hours of 9:00 p.m.and 5:00 a.m. and performs work for four (4) or more hours and the employee is scheduled to work the following calendar day,the employee shall be able to flex up to four(4)hours off duty at the beginning or end of their shift on the following calendar day based on the employee's need.' Section 76.Acting in Capacity:When an employee is notified in writing that they will be assigned for a limited period (40 consecutive work hours or more)to perform substantially all the duties of the higher-level assignment outside the scope of their regular job duties that employee shall be paid premium pay of dive percent(548%). All paid leave taken during the acting in capacity assignment will be paid at the employee's regular rate of pay. The parties agree to strive to encourage and provide on-the-job training for employees.An employee performing duties out of lettheir classification for training and developmental purposes shall be so informed in writing,and it shall be mutually agreed to by the supervisor and the employee.The notice shall state the purpose and length of assignment. During the training,there shall be no extra pay for the work.A copy of the notice shall be placed in the employee's file. Any City employee who,in addition to lertheir regular duties,is functioning as a lead worker to three (3) or more Community Service Workers performing work for the City at the direction of the Court shall qualify for acting in capacity pay under this Section 6. Section 8�.Building Inspector Differential:The parties agree to the attached Appendix B. The off-duty rest is not paid time.it is instead treated like a schedule change.in cases of having already worked beyond 16 hours.employees will not have the option to work or use paid leave for that time. 11 Section 9$.Bilingual Premium:The City shall designate positions that shall be eligible to receive a three percent(3%),but not less than$50 (fifty dollars)per month Spanish language premium.The City will use the following criteria when designating positions: those positions that require public contact and continual eliciting and explaining information in Spanish,or those that are in a work location where there is a demonstrated need for Spanish language translation in providing services to the public.The City shall have the right to limit the number of positions eligible for the Spanish-language premium based on actual need.To be eligible for the Spanish language premium,employees in the eligible positions must demonstrate proficiency in Spanish at an intermediate level.Testing to substantiate continued proficiency will be required once every two (2)years.The City will develop a testing/certification process to enable employees to demonstrate such proficiency to the satisfaction of the City. The City may determine that other languages may qualify based on a demonstrated need and changes in the demographic make-up of the City's service population.The City will begin a process to evaluate the frequency of languages being used in service to the public within forty-five(45) days of execution of an agreed-to contract to last not less than four(4)months and no more than six(6)months,to determine if any operational need exists within any departments for languages beyond Spanish. If additional languages are identified as an operational need through the study,the City will follow the above procedures for those newly-identified languages,but will provide a flat$50 (fifty dollars)per month for the new languages,presuming that the frequency of utilization will be significantly less than the frequency of Spanish. Section 10. Water/Wastewater Certification Incentive:Effective January 1.2020,bargaining unit employees assigned to water distribution or wastewater collection,who obtain and maintain specific job-related certifications beyond those required for their job classification,and/or who participate in the voluntary PW on-call/SCADA program.shall receive incentive pay as follows: Water Distribution Certification/Wastewater System Operator Certification (collections) Level II 1.0% Water Distribution Certification/Wastewater System Operator Certification (collections) Level III 1.5% Water Distribution Certification/Wastewater System Operator Certification(collections) Level IV 2.0% The Water Distribution Certification must be issued by the Oregon Health Authority. The Wastewater System Operator Certification for Collections must be issued by the Oregon Department of Environmental Quality. Section 11.Public Works On-Call and SCADA Programs:Public Works bargaining unit employees who participate in the Public Works On-Call and/or SCADA programs shall receive(at a minimum)the following_ compensatory time or overtime pay at time and one half: A. Total of one(1) hour for each weekday B. Total of two (2)hours for each weekend day C. Total of two (2) hours for each recognized holiday.including the Day After Thanksgiving As noted above,the standard base on-call pay is nine(9)hours at the overtime rate for on-call weeks. The first three (3)hours of pay shall be considered inconvenience pay for being on call. The remaining hours paid shall be considered compensation for actual hours worked from home while on-call during the on-call week. Time worked from home by the on-call employee beyond those hours during the on-call week shall be recorded as additional overtime on the employee's time sheet. Section 12.Direct Responsible Charge(DRC) Incentive:Effective January 1.2020,the employee assigned as DRC will receive an additional three percent(3.0%)incentive pay for the assigned week.excluding leave time. 12 ARTICLE 10-HOLIDAYS Section 1. General Holidays.The City of Tigard shall observe the following paid holidays for employees in other than the Library: New Year's Day Martin Luther King Jr.Day Presidents'Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Day 2-&28 hours of floating holiday(32.5 days of floating holiday)2- If a holiday falls on a Saturday,it will be observed on the previous Friday;if it falls on a Sunday,it will be observed on the following Monday.For employees not scheduled to work on the day a holiday falls,the employee will arrange with Iertheir supervisor to mutually schedule an alternative day off before the holiday within the same pay period in which the holiday falls or within thirty(30) days after the holiday. lk-rRegular full-time employee shall receive eight(8) hours pay for each of the holidays listed above on which he/shc performs no work is performed,provided the employee works the scheduled day before and the scheduled day following the holiday unless the employee is on paid leave status. If an eEmployeesjs required to work on any of the holidays listed above,hc/shc shall be compensated for all hours worked at the rate of time-and-one-half with a minimum guarantee of two(2)hours work. Section 2.Library Holidays:The Library will observe the following paid holidays: New Year's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Day 44 hours of floating holidays (5.5 days of floating holiday) Holidays will be observed on the actual day the holiday falls.For employees not scheduled to work on the day a holiday falls,the employee will arrange with lsis/4ctheir supervisor to mutually schedule an alternative day off within thirty days. I€arreEmployees is-required to work on any of the holidays listed above,he/she shall be compensated for all hours worked at the rate of time-and-one-half with a minimum guarantee of two (2) hours work. 2 The increase in floating holiday time from 20 to 28 hours is to compensate for the removal of the Day after Thanksgiving from the list of paid holidays.This change was to provide better tracking in payroll and additional flexibility in holiday use for employees. 13 Section 3. Scheduling of Floating Holidays: It is the responsibility of an employee who accrues a floating holiday under Sections 1 and 2 to schedule the holiday time off at a time that is mutually agreeable to the employee and his/hcrtheir supervisor prior to the end of the fiscal year.Any accrued,but unused floating holiday time will be lost at the end of the fiscal year. Section 4. Holidays for Part-Time Employees:For part-time employees,if the holiday occurs on an employee's regularly scheduled day off,the employee will arrange with his-/-heftheir supervisor to mutually schedule an alternative day off before the holiday within the same pay period in which the holiday falls or within thirty(30)days after the holiday.The employee will not be cashed out for the holiday,or allowed to take the holiday time off beyond the thirty-day period. If operational needs permit,the City will allow part- time employees an opportunity to modify their work schedule and work additional hours during a holiday week to provide for a full paycheck without having to use vacation time or other earned leave and without incurring overtime. Section 5.Holiday benefits for regular,part-time employees (twenty(20)hours per week or more) shall be granted on a prorated basis to that of a forty(40)hour employee,provided the employee has worked an average of twenty(20) hours per week in the preceding calendar month and the employee works the employee's scheduled day before and day after the holiday or is on paid leave status.In the first month of employment average hours worked per week will be determined on the basis of weeks worked in the month, fractional weeks excluded. ARTICLE 11- VACATION Section 1.Accrual: Full-time employees shall accrue vacation days at the following rates: 0 to 6-month probation period No monthly accrual,3028 hours of vacation credited upon successful completion of probationary period After 6 months of service 8.0 hours/month After the 5th anniversary of service 10.0 hours/month After the 10th anniversary of service 12.5 hours/month After the 15th anniversary of service 14.0 hours/month After the 20th anniversary of service 16.0 hours/month After the 25th anniversary of service 18.0 hours/month A-pPart-time employees shall accrue vacation on a pro rata basis to that of a forty(40)hour employee. Notwithstanding the above-specified rates of vacation accrual,no employee shall be allowed to accumulate vacation in excess of eritwo hundred ninety-twetwenty(192220)hours.It shall be the responsibility of each employee to schedule sufficient vacation so that he or ahc iathey are not denied accrual of additional vacation. Section 2.Utilization:The parties recognize that utilization of accrued vacation time is in the best interest of the City and the employee.Vacation periods shall be scheduled at the mutual agreement of the City and the 14 individual employee based on the employee's request,seniority,and the operational needs of the City. Once scheduled,there will be no vacation scheduling bumping. Upon written request by an employee and approval by the Department Head,an employee shall also be allowed to convert a block of up to two(2)weeks of accrued vacation time into cash,provided he or 3hethey have also las-already taken at least forty(40)hours of vacation time off during the same fiscal year. Employees will be required to maintain a minimum of 40 hours of accrued vacation in order to be eligible for cash out under this section.This option may be exercised twice per fiscal year.Part-time employees will be allowed to cash-out a pro-rated amount of leave time based on the average hours worked in a week. All regular employees shall be entitled to payment for unused vacation leave upon separation from the City service.In the event of death,the employee's heirs will be entitled to payment for unused vacation leave. Approved vacation leave may not be cancelled by the City except in the event of an emergency which creates an abnormal work load or other condition not under the control of the City.In the event of such condition or emergency,the employee shall be notified of the cancellation in writing. Unrecoverable transportation or lodging deposits,provided the employee notified the City of same at the time that the vacation was cancelled, will be paid by the City if the employee produces proof of such unrecoverable deposits. Section 3.Hardship donations. The City will allow employees to make donations of accumulated vacation leave into a"leave bank."Vacation leave may also be donated to a specific employee,if the eligible recipient gives Human Resources permission to disclose the employee's name at the time of the donation request.For the purpose of this Agreement,the hardship leave donations will be administered under the following stipulations: (a) The recipient and the donor must be regular employees of the City.The parties agree that management employees may donate to the leave bank or a specific employee on a voluntary basis; the same will be true in reverse. (b) The City shall not assume any tax liabilities that would otherwise accrue to the employee. (c) Requests to receive hardship leave must be accompanied by medical documentation (or have a FMLA/OFLA certification on file)verifying eligibility of an employee's and/or family member's serious health condition that will leave the employee off work for at least a month. • For health conditions requiring intermittent leave,a doctor's note anticipating a need of at least one (1) month of leave over a twelve(12)-month period for the serious health condition would also qualify;however,donated leave must still be taken in blocks of forty (40) consecutive hours or more per(g)below(prorated equivalent for part-time staff) or in smaller increments,when on a regular,consistent,and predicable schedule. (d) Each application for donated vacation hardship leave will be reviewed and approval granted or denied on a case-by-case basis by the-Human Resources.The City retains the right to require periodic (monthly or otherwise based on the law)certification to verify eligibility. (e) Donations shall be credited at the recipient's current regular hourly rate of pay. (f) Donated hours will be directed to a vacation donation hardship leave bank for access by any regular employee meeting the criteria for requesting a hardship leave as referenced in this policy or time may be donated to a specific employee,if the request for donation is specific to an individual or individuals. (g) To be eligible to receive hardship donations,employees must have: 15 • Maintained an average of at least forty(40)hours of sick leave over the preceding twelve(12) months and have exhausted paid leave accruals;OR • Been unable to maintain the leave accruals due to the employee's own serious health condition or that of a family member in the prior twelve(12)-month period and have exhausted paid leave accruals; AND -- - ‘: . -- -. .. • . - : _ .. _- ..: : . . under OFLA/FMLA protected status. (h) For those employees eligible to access the leave bank,the City will notify the Union President of any request for hardship leave,as long as the employee requesting the leave consents to such notification, in writing.The notification shall include the status of the hardship leave bank. Donations made to a specific individual will be used on a first-come/first-used basis and will not be removed from the donator's vacation leave bank until and unless there is a documented need. Donor's leave shall only be available to the recipient during the specific medical incident under which it was granted (EG if granted for a broken arm and not all used,it does not remain available for a new medical incident a few weeks later, such as a broken ankle). (i) Unused donated hours to the leave bank shall be carried over from year-to-year and shall not lapse. For employee-specific donations,unused hours will remain with the donor and will not be otherwise carried over. ARTICLE 12-BENEFITS Section 1.Life Insurance:The City shall provide each employee with a$502-5,000 group term policy and will pay one-hundred percent(100%) of the premium. Effective January 1,2017 the group term policy shall increase to$50,000. Section 2.Medical Insurance:The City agrees to provide employees a choice between Regence Plan Copay B or Kaiser(Kaiser Copay BA(or most similar replacement plans)€erthrough 202017;beginning plan year 2021$the City will move to CIS'revised Kaiser Cepay-13-)and Regence medical insurance plans including the alternative care option,most closely matching the current plans,contingent upon CIS'minimum enrollment requirements and plan availability.The City also agrees to provide dental insurance (a choice between Willamette Dental,ODS,and Kaiser Dental)and vision insurance or substantially equivalent coverage for each employee and all enrolled dependents including domestic partners,subject to CIS enrollment rules and the following(based on the insurance plans selected by each full-time employee—thirty(30)or more hours per week): Effective January 1,2020 the City's payment toward both medical plan options with dental will be ninety (90%) of the cost of the plans.Any remaining difference in medical/dental insurance premiums will be paid by the employee. tur-r-ent--Kaiser (Copay A)plan.The new Kaiser(Copay B)plan will be available in lieu of the Kaiser(Copay A) plan beginning January 1,2018. 16 Effective January 1,20218,the City's payment toward both medical plan options with dental will be ninety (90%) of the cost of the plans.Any remaining difference in medical/dental insurance premiums will be paid by the employee. Effective January 1,20221.9,the City's payment toward both medical plan options with dental will be ninety (90%)of the cost of the plans.Any remaining difference in medical/dental insurance premiums will be paid by the employee. . ! . - - -. . .. :, .: : ..- .:..::-- - -:... ! .: : : .. . coverage from the City and have a-salary rate leas than or equal to$3200. Section 3.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 12,Section 2 with or without the employee's individual authorization. Section 4.Insurance Committee—Insurance Reopener: The parties agree to continue a joint insurance committee to review insurance plan options and to make recommendations for potential changes in plan design that will provide quality,affordable care,while containing insurance costs. -. : - -- = ---- • ------ - _ . .. , - = -; . -.-:.:: : - - -.. - . . - ---. , - . . ., !.The committee will be called together 9eenef if the City insurance costs experiences aggregate rate increases in excess of eight percent(8%) or if the excise tax provisions of the ACA places the City in jeopardy of being charged for the program on an individual or citywide basis.The committee shall determine plan changes that will bring the cost of increases for insurance to eight percent(8%) or less and/or below the ACA excise cap as applicable. If the committee is unable to reach a majority decision,then the parties agree to a ninety(90) day mid-term bargaining period under the statute,as a reopener of this article,Article 12—Benefits.The committee will consist of three members of management,one of whom will be the Director of Human Resources (or designee),who will chair the committee,and three employee members from the bargaining unit who will be appointed by the UnionSEIU. No one else may attend committee meetings absent mutual agreement.All union members of the committee will be allowed up to two(2)hours of paid time each in months the committee meets to prepare for the meeting.The parties may,upon mutual agreement,implement a change in plan design based on the committee's recommendation. In the event the committee's recommendation results in a decrease in premium from one plan year to the next,the parties also may discuss potential gain-sharing options. Section 5.Disability Insurance:The City agrees to provide disability/salary continuation insurance at 66- 2/3%of base salary,not to exceed$2,000 per month,to provide coverage after sixty(60)days of disability._ Effective January 1.2020 the plan will increase to a$4.000 per month benefit-to provide coverage after sixty (60) days of disability. Section 6. Retirement: During the term of this Agreement and after six months of continuous service with the City, the City shall continue to contribute ten percent (10%) of each employee's gross pay to that employee's established 40144,4 retirement account. The normal retirement age allowing for in-service distribution for the 401(a)retirement plan is fifty-five (55)years. 17 Section 7.Flexible Spending Account:The City shall continue to provide a Flexible Spending Account,but reserves the right to cancel such access should the excise tax provisions of the ACA place the City in jeopardy of being charged for the program on an individual or citywide basis.The City agrees that should the program be canceled it would only impact medical flex and not the employee pre-tax insurance contribution or the dependent care flex.It would occur at the start of a calendar year with not less than thirty(30) days'notice to the union. Section 8.Part-Time Employees:Employees who are regularly scheduled to work thirty(30)or more hours per week shall receive all benefits specified in Sections 1 through 2 and 5 through 7 above. Employees who are regularly scheduled to work less than thirty(30)hours but twenty(20)hours or more shall receive a City contribution equal to fifty percent(50%) of the cost of such benefits if the employee elects to pay an equal amount via payroll deduction. Section 9. Carrier Selection: The City reserves the right to provide the insurances and other benefits outlined above through a carrier of its choice. The City shall notify the Union of any changes in insurance carrier or other carriers at least thirty(30) days prior to the change. The parties agree that all insurance and other benefits are subject to the terms and conditions of contracts and/or agreements between the City and the insurer(s). Section 10.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 January 1,2014,employees who are not enrolled in a City-provided medical insurance plan will have restrictions on the use of any new funds contributed to the VEBA, consistent with legal requirements. Section 11.Deferred Compensation:New employees hired on or after January 1,2020 shall be automatically enrolled in the 457(b)deferred compensation plan and contribute one percent(1%)of their compensation to the plan. Contributions shall be automatically directed to the default plan as determined by the Plan Governance Committee. Employees may opt out of the program,change their contribution amount,or redistribute their investment strategy at their discretion in accordance with plan rules. The City,on behalf of employees with ten(10) or more completed years of service,will match employee contributions up to one percent(1%)of base monthly salary into the deferred compensation account as set up and directed by the employee.Upon completion of fifteen(15)years of service,the City's contribution shall increase to a total match of up to one and one-half percent(1.5%). Contributions made by the City shall begin on the first payroll following December 1 of the year in which the employee reaches the years of service milestone (10 and 15 respectively).If the employee notifies Payroll anytime on or after their anniversary date,the contributions will start within 30 days following notification. No contribution by the City shall be retroactive. ARTICLE 13-SALARIES Section 1.Wage Rates: 18 (a) Effective Auguat July 1,20196,the salary range in steps for each classification shall be as set forth in Appendix A hereof[reflecting an adjustment to wages across the board by the amount of elle-three and one-half percent(1-3.5%)]. (b) Effective July 1,20201,adjust wages across the board by the amount of the percentage change in the CPI-W.West Urban Index (annual average)minimum one percent(1.0%).maximum four percent(4.0%)two perccnt(2.0%)-. (c) Effective July 1,2021$,adjust wages across the board by the amount of the percentage change in the CPI-W,West Urban Index(annual average)minimum one percent(1.0%),maximum four percent (4.0%). Section 2.Probationary Step: New employees shall be hired within the range established for their classification and advance five percent(5%) - - . . - .. .. :. .. :.. .-; pon successful completion of their probationary period. Section 3.Evaluations: (a) During the first year of employment,employees will be evaluated in writing after the first six(6) months.Thereafter,employees will be evaluated consistent with City policy.Employees may be evaluated more frequently at the discretion of the supervisor.The results of an evaluation shall be reviewed with the employee and the employee may within seven (7) days thereafter attach written comments or objections to the evaluation.An evaluation shall not be subject to the grievance procedure. (b) All periodic salary increases within the salary range established in Appendix A shall be contingent upon satisfactory performance as indicated in an employee's written performance evaluation.An employee who has received no periodic salary increase within the applicable salary range as a result of an evaluation of less than satisfactory performance may file a written grievance under Article 21 (Grievance Procedure)within seven(7)days following notice of no increase. (c) A seven(7) step salary schedule,with five percent(5%)increments between annual steps beginning upon successful completion of the probationary period and annually hereafter is set forth in Appendix"A."Movement on the salary schedule is conditioned upon satisfactory performances as set forth in Section 3(b)hereof. ARTICLE 14- TRAVEL, TRAINING AND REIMBURSEMENT Section 1.Mileage Reimbursement:Whenever an employee is authorized to use his/hcrtheir personal vehicle in the performance of official City duties,he/she shall be reimbursed at the standard IRS-allowed rate. Section 2.Expense Reimbursement:Whenever overnight travel outside the City is required,the City shall reimburse employees for necessary and reasonable receipted meal,lodging,and other expenses,consistent with state and federal tax laws and City Policy. Section 3.Training: (a) Mandatory Training: In addition to receiving expense reimbursement,mandatory training time shall be paid for as hours worked,in accordance with the FLSA.Travel time,provided no overnight stay is involved, shall also be paid for as hours worked. 19 This provision shall also apply to training which is necessary in order to acquire or maintain a required certificate or license following the employee's date of employment by the City. (b) Voluntary Training: Training that is not mandatory may be with or without pay reimbursement of expenses and tuition costs at the discretion of the City,and in accordance with the FLSA. Such training or course work may also be subject to such other conditions and restrictions as the City in its discretion may specify.The employee shall be advised at the time that the training is approved as to whether the training is considered mandatory or voluntary training. Section 4.Tuition Reimbursement: The City will reimburse an employee for one hundred percent(100%)of the cost of tuition and fees for courses conducted outside the employee's regular working hours,to provide - : . - .::o -. .- . - . ;a -•- ; .; ;-. ... - .. -The course must be directly related to the performance of writhe employee's job, ;- • -- • . =- . : • - • -- ------ •- --- = - • : - suchtuition ... .. . •. .. -Employees requesting reimbursement made-applieatienmust apply for approval ; .- - : -: - :.. ------ - bi/•herfrom their depaitment hcad director prior to the registration deadline for such the course,consistent with the city's training and education policy.Reimbursement is subject to the approval of the department director within budgetary constraints,with consideration given to balancing training resources across a department and consistent with federal and state tax laws and city policy.The employee must show evidence of a "C"or better or passing(when no grade is used) or must reimburse the City of all costs advanced to the employee for the course. (a) If the class taken was related to the employee's current position,and the employee is separated from the City service for any reason except involuntary dismissal within one (1)year of the date of the reimbursement,it shall cause fifty percent(50%) of the amount reimbursed within such year to be deducted from the employee's final paycheck. (b) If the class taken was related to reasonable promotion or transfer opportunities,and the employee is separated from City service for any reason except involuntary dismissal within one (1)year,it shall cause one hundred percent(100%) of the amount reimbursed to be deducted from the employee's final paycheck. If the employee terminates for any reason except involuntary dismissal within two (2) years,it shall cause fifty percent(50%) of the amount reimbursed to be deducted from the employee's final paycheck.Educational courses which are only offered during regular working hours may be approved by the department head provided time off can be conveniently arranged and arrangements can be made to make up time off the same week. Section 5. Clothing Reimbursement:The City will provide a clothing reimbursement for department approved clothing to employees in classifications listed in this section,not to exceed ene-two hundred fifty- dollars ($4-59200)per fiscal year.Employees must submit actual receipts prior to being reimbursed for clothing. Employee classifications qualifying for this clothing allowance are: Job Classification Clothing Boot ' ' Boot Allowance Frequency Allowance Allowance Fleet Maintenance Technician 4-59200.00 439250.00 Annually (if directed to wear) Mechanic 430200.00 430250.00 Annually(if directed to wear) Building Maintenance Tech II/Senior 4-50200.00 40250.00 Annually(if directed to wear) 430:00 4-50.00 Every 2 yrs (if directed to wear) Inspector I/II/Senior 430200.00 430250.00 Every 2 yrs (if directed to wear) 20 Engineering Tech I/II/Senior(limited field work) X5100.00 459250.00 Every 2 yrs (if directed to wear) Engineering Tech I/II/Senior(50+%field work) 458200.00 439250.00 Annually(if directed to wear) Utility Worker I/II/Senior 459200.00 1-59250.00 Annually(if directed to wear) Customer Field Worker/Senior 4-59200.00 4-59250.00 Annually(if directed to wear) Environmental Program Coordinator 4-58200.00 4-59250.00 Every 2 yrs (if directed to wear) Project Coordinator .5100.00 459250.00 Every 2 yrs (if directed to wear) Water Utility Technician/Senior 4-58200.00 458250.00 Annually(if directed to wear) Engineering Construction Inspector 440200.00 439250.00 Annually(if directed to wear) Backflow Prevention Coordinator 75100.00 75100.00 Code Compliance S ieeiallistOfficer 1.Boot Allowance may only be used for reimbursement of receipts related to safety-toed boots as noted in Section 6 of this Article. Clothing allowance,however,may be used,in part,for reimbursement of boot receipts in excess of the$4.58250.00 allowance provided above. 2.Boot Allowance per Section 6 of this Article is only applicable to employees within the job classifications identified above and only for individual positions within the classification that are directed to wear safety- toed boots. Any employee who is hired after July 1st of any year shall be eligible for a prorated clothing reimbursement based upon that portion of the year that remains to be worked before the next July 1st. The clothing reimbursement provided under this provision shall be applicable only to reimburse eligible employees,on presentation of receipt, for outer garments worn in the course of their duties. If a new employee voluntarily leaves the employ of the City within the first six (6)months of employment,the employee shall be required to reimburse the City for clothing allowance received during the probationary period. Section 6.Boot Reimbursement:All employees who are directed to wear steel-toed foot wear on the job shall be reimbursed upon the purchase of approved steel-toed foot wear,receipt required,annual maximum:enc.- two xptwo fifty-hundred fifty dollars ($4250).This reimbursement may be used for repair,receipt required, reimbursement limited to actual cost of repairs. Employees who are directed to wear steel-toed foot wear may combine the steel-toed boot reimbursement and clothing allowance,receipts required,combined annual 21 ARTICLE 15-SICK LEAVE Section 1.Accrual:Regular full-time employees shall receive forty(40)hours of sick leave front-loaded each year and then two and two-tenths (2.2)eight(8)hours of sick leave for each full calendar-i...o_t o f sc_ ccp period worked.r'r-pPart-time employees shall accrue sick leave on a pro rata basis to that of a forty(40)hour employee.There shall be no limit on the amount of sick leave that an employee may accrue. Section 2. Utilization: Accrued sick leave shall be available for use on the-regularly scheduled work days that occur from the first through the fifty ninth (59• .. .. .. -- - . : -'- .. .... . -. -. employees are unable to work because of the employee's own illness or injury or that of a covered family member. In the event an employee - :: -- . :-- :- -• -• .-. .- - needs to utilize sick leave,the employee shall notify the supervisor as soon as possible of the expected absence and the nature and expected length thereof. An employee may also use sick leave where there is an illness in 14s-7i-het-their family which necessitates making arrangements for the ill relative.For the purpose of this Section,members of an employee's family shall mean: (a)immediate family(spouse,parents,children [including step-children,foster or court-appointed children],individuals for whom the employee has legal guardianship,siblings);(b) domestic partner registered with Human Resources;and(c)other relatives and dependents domiciled in the employee's household. In the case of on-the-job injuries covered by Workers' Compensation,the City will provide to the employee payment of regular net salary up to ninety(90) calendar days following a medical authorization for temporary disability(time loss). 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/shcthey 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.For the first ninety(90) days of Workers' Compensation time loss,the City shall continue to make the same contribution to all benefit programs specified in Article 12-Benefits,as would have been made if the employee had worked hia/hcrtheir regularly scheduled hours of work. Following the exhaustion of the ninety(90)calendar days,any approved time loss would be covered through the Worker's Compensation carrier at state compensatory rate for covered claims. Employees would have the option to use leave accruals to off-set any reduction in net pay including,sick leave, compensatory time,holiday and/or vacation and benefits would be prorated accordingly. The abuse of sick leave shall be grounds for denial of sick leave for the period of time involved and shall in addition be grounds for disciplinary action. It is recognized that patterns of recurring sick leave utilization in relation to weekends and holidays,when not verified by a written physician's certification of illness or injury, may be evidence of sick leave abuse. Section 3.Physician's Certificate: Sick leave benefits shall not be paid for any absence that is for forty(40) consecutive work hours or more unless the employee presents a written physician's statement upon return to duty. 22 For absences of less than forty(40) consecutive hours,the City may require a written physician's certification of illness.When verification is required for absences of less than forty(40)hours,the City will reimburse the employee for any out-of-pocket physician expenses that result. Section 4.Termination and Retirement:An employee who retires from City service shall receive an additional retirement plan contribution that is equal to fifty percent(50%) of the cash value in wages of all accrued sick leave.An employee shall be considered to have retired from City service only if the are eligible for Social Security retirement(not disability)benefits upon termination of City employment,or if he or ahc haathey have thirty(30) or more years of service with the City. Section 5. Oregon Sick Leave Law:Thcrc is virtually no change to how SEIU membera may utilize sick leave, advance. ARTICLE 16- OTHER LEAVE Section 1.Bereavement 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 up to one work week(forty(40) hours or prorated based on FTE) of necessary time off,as bereavement leave;bereavement leave hours need not be taken consecutively.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, son-in-law,daughter-in-law,grandparents,grandchildren and any other person who is a dependent of the employee or any other family member defined under the Oregon Family Leave Act(OFLA).Oregon Family Leave Law(OFLA).entitles eligible employees up to fertr(40)-liettr two weeks of unpaid bereavement leave aftritiallyper death.Paid leave wi"be i thatit ee The first week of bereavement leave will be paid pursuant to this Article;additional leave may be charged to vacation,sick.comp time,or leave without pay.Bereavement leave will run concurrent with OFLA and/or Oregon Sick Leave when applicable. Section 2.Jury and Witness Duty: Employees shall be granted up to three(3)months leave with pay for service on a jury or when under court subpoena as a disinterested witness,provided the employee shall seek all fees due oto them for jury or witness duty,except mileage reimbursement,and turn said fees over to the City. 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. Upon being excused from jury or witness duty for any day,an employee shall immediately contact lkertheir supervisor for assignment for the remainder of that workday. For employees not regularly scheduled on day shift,the workday will be considered to have started when the employee reports for jury or witness service,or when the employee reports for work,whichever is earlier. Employees will not be paid for travel time except to travel from work to court or return from court to work during the employee's regular work hours,or any hours short of eight(8)hours which are not served at court. Overtime will not be paid for 23 any time served beyond eight(8) hours a day.If the employee is dismissed before 5:00 p.m. and the supervisor determines he/she does not need to report back to work,vacation,floating holiday or comp time may be used for the rest of the day.The employee's time sheet must reflect time of arrival,time off for lunch and time of release by the court.The parties mutually agree that this paid benefit is provided due to the unique circumstances surrounding jury/witness duty leave,the limited circumstances in which it arises and its direct impact on the local community in which the parties live. Time off from work for appearances in court and other proceedings other than as provided above,shall be charged to accrued vacation time,floating holiday,compensatory time or leave without pay. Section 3.Leave Withetit--Payof Absence: A regular employee who has completed Iertheir probationary period may be granted a leave of absence without pay for up to twelve(12)months when the work of the employee's department will not be seriously jeopardized by 1_itheir absence and when there is good cause for the leave.Requests for such leave must be in writing and must establish reasonable justification for the approval by the City.Benefits,sick leave and service credits (including actions related to merit adjustments,leave accruals,and other time-based benefits or compensation) shall not continue to accrue for any period in which an employee is on unpaid leave status under this Section 3. Section 4.Military Leave:Leaves of absence on a paid or nonpaid basis shall be as provided by ORS and the Veteran's Reemployment Rights Law,Title 38,USC,Chapter 43. Section 5.Family Medical Leave:The City agrees to abide by the applicable provisions of state or federal law regarding family medical leave,as set forth in City policy. ARTICLE 17-LAYOFF Section 1.Notice:A layoff is defined as an involuntary separation from the City for reasons that do not reflect discredit upon the employee.The affected employee and the Union shall be given written notice of a layoff at least thirty-one(31) calendar days before the effective date,stating the reason for the layoff,and the bumping options,if any,that the employee has. Section 2. Order of Layoff: If a layoff is implemented,employees shall be laid off in inverse order of their seniority within the classification,and within the department,affected by the layoff.Before any regular full- time or regular part-time employee in a given classification may be laid off,all seasonal,casual and irregular part-time employees who are working in the same classification and department shall be laid off. Seniority shall be as defined in Article 8,Section 1. In order to implement this definition,the City will provide the Union with a seniority list based upon the employee's hire date as a regular bargaining unit employee. For any employee to be affected either by layoff or bumping,the City will review the employee's personnel file to determine if the employee's listed seniority date needs to be adjusted by a period of unprotected unpaid leave. Bumping rights shall be based upon the employee's adjusted seniority date. If two(2)or more employees have equal seniority,the employee to be laid off shall be determined by lot. Section 3.Bumping:In the event of a layoff,any employee who has been notified of a layoff shall,within ten (10)calendar days following notice of layoff,have the right to displace the least senior employee in the same or lower-paying classification provided he or ahc iathey are fully qualified to perform the work of the lower- paying classification.An employee shall be considered qualified to perform the work of such lower 24 classification if he or shcthey meets all of the job qualification requirements specified in the current classification specification for the classification in question.Any employee who exercises Irisfhertheir bumping rights shall serve a probationary period of three(3) months: During such probationary period the City shall have the right to lay the employee off if the employee is not performing the job in an adequate manner. If an employee wishes to waive his4hertheir right to displace an employee in a lower classification and thereby be subject to layoff,that employee shall so notify the City in writing within ten (10)calendar days of Ihis/kertheir receipt of notice of the layoff.When an employee bumps to a lower classification,as provided for above,he/shcthey shall be placed at the maximum rate for the new classification or the employee's current salary rate,whichever is lesser. For purposes of this Article,non-bargaining unit employees regardless of prior service in the bargaining unit shall have no right to bump into a bargaining unit position. Section 4.Recall:If a position opening occurs in the classification that the employee was employed in at the time of layoff,that employee,provided he/i� sthey have the greatest seniority of any employee on layoff from that class shall be offered the position. An employee will remain on the layoff list and be eligible for recall for twelve (12)months.The City shall notify a laid off employee of a position opening by email and certified letter,return receipt requested,to their address of record as maintained in the employee's personnel file. It shall be the employee's responsibility to}ensure that et-their current mailing and email address is on file at the time the recall occurs.The employee shall have three(3) days from the receipt,or return by the post office,of such notice to notify the City in writing of bitheir intent to return within ten(10) days of the date of receipt of such notice. If the employee fails to so respond to a recall notice within the time herein specified,or if he/she refuses an offered position,all rights to recall shall be terminated. Employees returning from layoff shall have previously accrued sick leave and seniority reinstated,but shall not receive such benefits for the period of the layoff. Recalled employees shall serve a ninety(90)-day probationary period.unless returning to a former work division in the same or lower classification. Section 5.Use of Consultants:The Order of Layoff,as defined by Section 2,above,shall not be construed to prohibit the City from calling in consultants with specialized skills and/or certifications on a temporary basis, to perform tasks that cannot be performed by remaining City employees.The City agrees that in the event it needs such consultants,the City will attempt to use an employee on layoff status to perform the work on a temporary basis before bringing in a non-employee,provided the employee on layoff status is available when the City needs the work performed and possesses the specialized skill(s) and/or certifications required for the work.If more than one laid off employee meets all of the requirements of the temporary position,bargaining unit seniority shall be the determining factor. Section 6. Severance Pay:In the event of layoff,any employee with more than five(5)years of service with the City shall receive one(1)month's severance pay upon layoff. If an employee who receives payment under this Section is recalled within six(6)months,he/shcthey shall be permitted to take up to nine (9) months (18 paychecks)to repay the City for money received under this Section. ARTICLE 18—INVESTIGATIONS, DISCIPLINE AND DISCHARGE 25 Section 1. Investigatory Interview:The employee will be provided at least twenty-four(24) hours'notice of an investigatory interview along with the alleged conduct and applicable policy violation(s), and such notice shall include the employee's be informed that they have the right to Union representation during the interview. In matters of a more complex nature,where the Union or the employee can show good cause for needing additional preparation time,they may request to the Human Resources Department for up to a forty-eight(48)-hour extension prior o the investigatory interview. Section 2.Just Cause:Disciplinary actions taken against employees shall be limited to the following:written reprimand,disciplinary probation,reduction in pay or other monetary assessment,demotion,suspension,or discharge.Nothing in this agreement shall preclude an employee and the City from entering into a last chance agreement.Disciplinary action shall be for just cause only and will not be taken against an employee without procedural due process as herein defined,except as follows: Discharge or demotion during a probationary period (Article 8),and demotion that is in lieu of a layoff (Article 17) or that is a bona fide redassification shall not be the basis for a claim of a violation of this Article. No disciplinary material shall be placed in the employee's personnel file that does not bear either the signature of the employee indicating that he/ they have been shown the material or a statement by the employee that he/3hc haathey have been shown the material and has refused to sign it.A copy of such material shall be furnished to the employee.An employee may include an explanatory statement in his4herthe file in answer to any reprimand or other disciplinary documents. However,the above shall not apply if timely personal service is not practicable. In such a circumstance,the City shall send a copy of the disciplinary material by registered letter to the last known address to the employee at the time the material is placed in the file.In addition,the registered return receipt shall be placed in the personnel file. Written reprimands which are more than four(4)years past the effective date shall only be used to show patterns of conduct or to support an employee's understanding of workplace rules or conduct. All counseling materials and memos that are cautionary,derogatory or critical in nature,but less severe than a written reprimand shall be placed in the supervisor's file only,and not the official personnel file. Material placed in the personnel record of an employee without conforming with the provision(s) of this Article will not be used by the City in any disciplinary proceedings involving the employee. If the City has reason to reprimand an employee,it shall be in a manner that is least likely to embarrass the employee before other employees and the public. Section 3. Suspension Pending Investigation:An employee may be immediately suspended pending an investigation and completion of the due process steps if his-Aber-their continued presence on the job would constitute a safety hazard to themselves or to other employees or be potentially disruptive to City operations. Such suspension may be without pay,however,if after the investigation the employee is reinstated without being disciplined,the employee shall receive all lost pay and benefits for the period of the suspension. No employee shall be suspended for more than three(3)weeks for the purpose of investigation pending further discipline. Section 4.Due Process:Due process shall require the following: 26 (a) Before the City notifies the employee of disciplinary action pursuant to part(b) of this Section,the employee will be served with a written notice and provided an opportunity to respond as follows: 1. The employee shall be advised that disciplinary action is being considered. 2. The specific charges or performance deficiencies will be identified. 3. The employee will be advised of his/hertheir right to meet with the supervisor with or without Union representation and respond to the charges. (b) At or after the above-referenced meetings/response and such additional investigation as may be deemed appropriate by the supervisor has been completed,the supervisor shall make hisfhertheir decision and provide written notice thereof to the employee. ARTICLE 19-PERSONNEL RECORDS Section 1.File Access:Each employee and each former employee shall have the right to review the contents of his/hertheir own personnel file.At his/her-their option,he/ahcthey may request to be accompanied by a Union representative of his/hcrtheir choosing or give the Union representative written permission to inspect and make copies of file materials. Access to an employee's personnel file shall be limited to only the individual employee or former employee involved,hia/hcrtheir designated representative,such supervisory and/or confidential employees of the City who are assigned to review and maintain personnel files,provided such limitations on access do not conflict with state public records law.The provisions of this Section 1 shall be inapplicable to any portion of an employee's personnel file which may be subpoenaed by a court of law,introduced as evidence in any arbitration proceeding,or which is subject to disclosure under public records law. The employee shall have the right to receive a copy of the materials in his/hertheir personnel file in full or part. Except when otherwise authorized by the employee,in writing,no information from the employee's personnel file shall be reproduced or released for use outside of the City except verification of employment, employment dates,job title,and pay range and public records requests. Section 2.Removal of Material from File: Upon employee request,and subject to Human Resources approval,letters of reprimand may be removed from an employee's personnel file three (3)years after they have been placed in the employee's file.The parties understand that the City may retain such records outside of the personnel file for purposes complying with its obligations under State archives law and for purposes of demonstrating notice and timing of prior communications with employees. Section 3.Placement of Material in File:At the request of the employee,all letters and materials of commendation shall,subject to Section 2 of this Article,become a part of the employee's personnel file and the employee shall be furnished a copy of all such material at the time it is placed in the personnel file. Section 4.Performance Evaluations: Employees shall have at least 24 (twenty-four) hours to read their performance evaluation prior to reviewing the evaluation with their supervisor. 27 ARTICLE 20- CONTRACTING AND SUBCONTRACTING OF WORK Notwithstanding the provisions of ORS. 243.650 to 243.782,the Union recognizes that the City shall have the right to make and to implement decisions relative to the contracting and subcontracting of work as it may determine;however,before the City may contract work presently and regularly performed by members of the bargaining unit and provided such contracting will result in the layoff or demotion of current members of the bargaining unit,the following shall occur: 1. The Union shall be notified in writing at least seventy(70) calendar days in advance of the proposed implementation of such subcontracting. Such notification shall include a detailed analysis of the likely impact on the bargaining unit,and shall also outline the projected financial impact and other considerations that the City has deemed are pertinent to its deliberations to contract or subcontract work. 2. Upon receipt of such notice,the Union shall have twenty(20) calendar days in which to notify the City of its desire to meet and discuss the subcontracting.The Union may propose changes in existing work rules,benefits,and/or wage rates in order to compete more effectively with the contractors or subcontractors and/or the Union may propose alternative staffing arrangements that it believes would reduce the impact of the contracting or subcontracting. The City shall not finalize a decision to contract or subcontract such work until after it has afforded the Union the opportunity to meet as provided above.The City shall give full consideration to all timely Union proposals before a decision is finalized. If such work is to be contracted or subcontracted,the City agrees to transfer or demote employees to any available vacant positions rather than lay off employees whenever it is feasible to do so;provided the employee meets the minimum qualifications with respect to education and work experience for the position to which he/she is to be transferred or demoted to,and provided that no employee rights or benefits under Article 17-Layoff are abridged.A demotion shall be defined as involuntary reassignment to a new classification with a lower paying maximum salary rate. ARTICLE 21-GRIEVANCE PROCEDURE Whenever possible,bargaining unit members should first attempt to resolve issues informally with their immediate supervisor,consulting with the Union as needed. For the purpose of this article,a union representative is considered to be a union steward or staff member of SEIU 503.For the purposes of the steps defined in this article,parties should generally meet at each step of the process. Employees may request union representation at any step in the grievance process. Section 1.Procedure:To promote better relations,the parties agree to settle any disputes as to the meaning of interpretation of this contract by the following procedures: (Any time limits or steps.speed in the grievance procedure.may be waived by mutual written agreement of the parties.) All responses,after the step 1 filing,and advancements in the grievance process are due within fourteen (14) calendar days of the previous submission. When responses are not received within fourteen(14) calendar days of submission,grievances may be advanced to the next step unless the.parties have agreed upon a waiver of the time limits. Action Deadline Action 28 Employee/Union knows or should have known 21 days File step 1 grievance about a breach of Agreement Step 1 grievance filed 14 days Supervisor response due Supervisor responds or fails to respond 14 days File step 2 grievance Step 2 grievance filed 14 days Department head response due Department head responds or fails to respond 14 days File step 3 grievance City Manager responds or fails to respond 14 days Notify of intent to submit to arbitration . - The Union,or any Step 1: Immediate Supervisor. ;- .. . - --- ::. . employee with notice to the Union,may claim a breach of this Agreement in writing to the employee's immediate supervisor within twenty-one (21) fourtccn (14)calendar days from the occurrence thereof,or the employee's knowledge thereof.The notice shall be completed on the approved Official Statement of Grievance form and shall include: (a) A statement of the grievance and relevant facts; (b) Provision of the contract violated; (c) Remedy sought The supervisor or designee shall respond to the grievance in writing within fourteen(14) calendar days,with a copy to the Union. Step 2:Department Head.If after fourteen(14)calendar days from the date of submission of the grievance t-e-t-lie-atiperviser,the grievance remains unresolved,the grievance may be submitted within fourteen(14) calendar days to the department head with copy to the Human Resources Director.The department head or designee may meet with the aggrieved party,who may request Union representation at the hearing.The department head or designee shall respond to the grievance in writing within fourteen(14) calendar days,with a copy to the Union. Step 3: City Manager.If,after fourteen(14) calendar days from the date of submission of the grievance to the department head,the grievance remains unresolved,the grievance may be submitted within fourteen(14) calendar days to the City Manager or designee,who shall meet with the aggrieved party and Union representatives and shall respond to the grievance in writing within fourteen(14) calendar days,with a copy to the Union. Step 4:Arbitration.If the grievance is not resolved within fourteen(14) calendar days from submission of the grievance to the City Manager,the Union may notify the City of its intent to submit the matter to an arbitrator within fourteen(14) calendar days from the time the grievance response was received or due.The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator within twenty-five(25) calendar days of the submission of the grievance to the City Manager,he/shethey shall be chosen in the following manner: (a) A list of eleven(11) Oregon/Washington arbitrators from the Oregon Employment Relations Board shall be requested and the parties shall alternately strike one(1)name from the list until only one(1) is left.The Union shall strike the first name.The one (1)remaining shall be the arbitrator. (b) The arbitrator shall render a decision in writing within thirty (30) days of the close of the hearing. The powers of the arbitrator shall be limited to interpretation of this Agreement,determining whether a specific provision of this Agreement has been violated,and establishing an appropriate 29 remedy provided such remedy is within the scope of this Agreement.The decision of the arbitrator shall be binding on both parties. (c) The cost of the arbitration shall be borne by the losing party. Each party shall be responsible for the costs of presenting its own case to the arbitrator. Section 2. Failure to Meet Waiver of Time Limits or Steps:Any time limits or steps, specified in the grievance ---- --- -- •-- - - - -- -- -- - - - - togrievance .. . .. ., .. ... . .Failuresubmit the in accordance with these time limits without such waiver shall constitute abandonment of the grievance.A grievance may be terminated at any time upon receipt of a signed statement from the Union or the employee that the matter has been resolved. If at any step of the grievance procedure the City fails to issue a response within the time limits set forth in this Article,the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. Section 3.Calculation of Time:For purposes of this Article,time shall be calculated on the basis of calendar days unless otherwise expressly indicated. When a timeline due date falls on a Saturday.Sunday.or other day in which the City is officially closed,the due date shall be extended to the following business day in which the City is open. ARTICLE 22—INCLEMENT WEATHER Section 1. When,in the judgment of the City,weather conditions require the closing err--etittailittg-of City offices after fiemployees reports to work,the-employees shall be paid for the remainder of the- employee'atheir shifts. - --- - • .. -. ;. ;; • : . - •- , . . , _ : _ : - • .. •, :-: - Section 2.Employees required to work despite city office closures - •- - -• -- - - - • - : :.- :- •- : ••: , - : - --- - :•-- - : .. , will be credited with compensatory time off on a, . ..-. one- to-one basis for hours worked after other employees were sent home. Section 3-2. If weather conditions become hazardous,the employee may go home prior to the end of the employee's work shift,after notifying and receiving approval from the employee's supervisor or designee._ This leave will be considered vacation,compensatory time,or leave without pay. Section 4-&The City may notify employees not to report to work prior to the beginning of the work shift because of inclement weather or hazardous conditions. This leave will be considered time worked. In cases where the closure is for morning only,employees will be expected to report for whatever remains of their ,shift once the city is reopened.Employees who fail to report and/or request and receive permission to not report will be on their own leave time for the full day. Section 54.When extreme weather conditions make coming to work dangerous,an employee shall be excused from reporting to work after notifying and receiving approval from leis-et-hertheir supervisor or designee. This leave will be considered the employee's own leave time vacation,compensatory time,holiday or in cases of insufficient leave available,leave without pay. 30 ARTICLE 23- TERM OFAGREEMENT AND REOPENING This Agreement shall be effective and shall remain in full force and effect through the 30th day of June 20221. This Agreement shall automatically be renewed from year to year thereafter unless either party shall notify the other in writing no later than October 1,20215,that it wishes to modify the Agreement. CITY OF TIGARD SEIU Local 503/OPEU Local 199 Martha Wine,City Manager Jcremc Crzybowski,IntcrimMelissa Unger,Executive Director Date: Date: Dana Bennett,HR Director/Chief Negotiator Jill Bentley,Local President Date: Date: Stephen Hughes,Bargaining Team Date: Jennifer Joe,Bargaining Team Date: Joyce-1 iewenderpJohn Sager,Bargaining Team Date: Bim`- atleyKyle Arnhart,Bargaining Team Date: Joseph CartinoEvan Paster,SEIU Organizer Date: 31 APPENDIX A -SALARY SCHEDULES 2016 20172019-2020 SEIU SALARY SCHEDULE Range 4 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 S9 Monthly 52,26900 $2,382.00 $2,501.00 $2,626.00 $2,757.00 $2,895.00 Library Aide Noudy 313.09 $13.74 $14.43 $15.15 $15.91 $16.70 Annually $27,228.00_ $28,584.00 $30,012.00_ $31,512.00_ $33,084.00_ $34,740.00 Pay Period $1,047.23 $1,099.38 $1,154.31 $1,212.00 $1,272.46 $1,336.15 S22 Monthly $2,977.00_ $3,126.00 $3,282.00 $3,446.00 $3,618.00 $3,799.00 $3,989.00 Accounting Assistant I Hourly $17.18 $18.03 $18.93 $19.88_ $20.87_ $21.92 $23.01 Administrative Specialist I Annually $35,724.00 $37,512.00 $39,384.00_ $41,352.00 $43,416.00 $45,588.00 $47,868.00 Cont Clerk I Pay Fenix! $1,374.00 $1,442.77 $1,514.77 $1,590.46 $1,669.85 $1,753.38 $1,841.08 S24 Monthly $3,128.00 $3,284.00 $3,448.00 $3,620.00 $3,801.00 $3,991.00 $4,191.00 Reprographics Specialist Hourly $18.05_ $18.95 $19.89 $20.88 $21.93 $23.03 $24.18 Annually $37,536.00 $39,408.00 $41,376.00 $43,440.00 $45,612.00 $47,892.00 $50,292.00 Pay Period $1,443.69 $1,515.69 $1,591.38 $1,670.77 $1,754.31 $1,842.00 $1,934.31 S25 Monthly $3,206.00 $3,366.00 $3,534.00 $3,711.00 $3,897.00 $4,092.00 $4,297.00 Library Assistant Ho l $18.50 $19.42_ $20.39 $21.41 $22.48 $23.61 $24.79 Annually $38,472.00 $40,392.00 $42,408.00 $44,532.00 $46,764.00 $49,104.00 $51,564.00 Pay Period $1,479.69 $1,553.54 $1,631.08 $1,712.77 $1,798.62 $1,888.62 $1,983.23 S26 Monthly $3,286.00_ $3,450.00 $3,623.00 $3,804.00 $3,994.00 $4,194.00 $4,404.00 Records Technician Hourly $18.96 $19.90 $20.90 $21.95 $23.04 $24.20 $25.41 Utility Worker I Annually $39,432.00 $41,400.00 $43,476.00 $45,648.00_ $47,928.00 $50,328.00 $52,848.00 Pay Period $1,516.62 $1,592.31 $1,672.15 $1,755.69 $1,843.38 $1,935.69 $2,032.62 528 Monthly $3,455.00 $3,628.00 $3,809.00 $3,999.00 $4,199.00 $4,409.00 $4,629.00 Administrative Specialist II Howdy $19.93 $20.93 $21.98 $23.07_ $24.23 $25.44 $26.71 Corot Clerk II Annually $41,460.00 $43,536.00 545,708.00 $47,988.00_ $50,388.00 $52,908.00 $55,548.00 Customer Service Specialist• Pay Penni $1,594.62 $1,674.46 $1,758.00 $1,845.69 $1,938.00 $2,034.92 $2,136.46 S29 Monthly $3,540.00 $3,717.00 $3,903.00 $4,098.00 $4,303.00 $4,518.00 $4,744.00 Accounting Assistant 11 Hourly $20.42 $21.44 $22.52 $23.64 $24.83 $26.07 $27.37 Customer Service Field Worker Annually $42,480.00 $44,604.00 $46,836.00 $49,176.00 $51,636.00 $54,216.00 $56,928.00 Permit Technician Assistant Pay Period $1,633.85 $1,715.54_ $1,801.38_ $1,891.38 $1,986.00 $2,085.23 $2,189.54 Senior Library Assistem $30 Monthly $3,629.00 $3,810.00_ $4,001.00 $4,201.00 54,411.00 $4,632.00 $4,864.00 Senior Court Clerk Hourly 020.94 $21.98 $23.08 52434 S25.45 526.72 $28.06 Annually $43,548.00 $45,720.00 $48,012.00 $50,412.00 $52,932.00 $55,584.00 $58,368.00 Pay Period $1,674.92 $1,758.46 $1,846.62 $1,938.92 $2,035.85 $2,137.85 $2,244.92 S31 Monthly $3,718.00 $3,904.00 $4,099.00 $4,304.00 $4,519.00 . $4,745.00 $4,982.00 Engineering Technician I Hourly $21.45 $22.52 $23.65 $24.83 $26.07 $27.38 $28.74 Fleet Maintenance Technician Annuity $44,616.00 $46,648.00 $49,188.00 S51,648.00 $54,228.00 $56,940.00 $59,784.00 Utility Worker Il Pay Period 81.716.00 $1,801.85 $1,891.85 $1,986.46 $2,085.69 $2,190.00 $2,299.38 S32 Monthly $3,811.00 $4,002.00 $4,202.00 $4,412.00 $4,633.00 $4,865.00 $5,108.00 Building Maintenance Technician Il Hourly $21.99 $23.09 $24.24 823,45 $26.73 $28.07 $29.47 Program Specialist Annually $45,732.00 $48,024.00 $50,424.00 S52,944.00 555,596.00 558,380.00 $61,296.00 Senior Administrative Specialist Pay Period $1,758.92 $1,847.08 $1,939.38 82,036.31 $2,138.31 $2,245.38 $2,357.54 S33 Monthly $3,906.00 $4,101.00 $4,306.00 $4,521.00 $4,747.00 $4,984.00 $5,233.00 Senior Accounting Assistant Hourly $22.53 $23.66 $24.84 $26.08 $27.39 $28.75 $30.19 Senior Customer Service Field Worker Annually $46,872.00 $49,212.00 $51,672.00 $54,252.00 $56,964.00 $59,808.00 $62,796.00 Py Pennd $1,802.77 $1,892.77 $1,987.38 $2,086.62 $2,190.92 52,300.31 $2,415.23 534 Monthly $4,003.00 54,203.00 $4,413.00 $4,634.00. 34,866.00 $5,109.00 $5,364.00 Engineering Assistant• Hourly $23.09 $24.25 $25.46 $26.73 $28.07 $29.48 $30.95 Annually $48,036.00 $50,436.00 $52,956.00 $55,608.00 $58,392.00 561,308.00 $64,368.00 Pay Period $1,847.54 $1,939.85 $2,036.77 $2,138.77 $2,245.85 $2,358.00 $2,475.69 S35 Monthly $4,104.00 $4,309.00 $4,524.00 $4,750.00 $4,988.00 $5,237.00 $5,499.00 Backflow-Cross Connection Specialist Hourly $23.68 $24.86 $26.10 $27.40 $28.78 $30.21 $31.73 CMMS Specialist Annually $49,248.00 $51,708.00 $54,288.00 $57,000.00 $59,856.00 $62,844.00 $65,988.00 Mechanic• Pay Period $1,894.15 $1,988.77 32,088.00 $2,192.31 $2,302.15 $2,417.08 $2,538.00 Permit Technician Records Management Specialist Senior Utility Worker Water Utility Tech Purchasing Specialist 32 S36 Monthly $4,208.00 $4,418.00 $4,639.00 $4,871.00 $5,115.00 $5,371.00 $5,640.00 GIS Technician II Ho ty $24.28 $25.49 $26.76 $28.10 $29.51 $30.99 $32.54 Annually $50,496.00 $53,016.00 $55,668.00 $58,452.00 $61,380.00 $64,452.00_ $67,680.00 Pay Pennd $1,942.15 $2,039.08 $2,141.08 $2,248.15 $2,360.77 $2,478.92 $2,603.00 S37 Monthly $4,311.00 $4,527.00 $4,753.00 $4,991.00 $5,241.00 $5,503.00 $5,778.00 Building Inspector I Hourly $24.87 $26.12 $27.42 $28.79 $30.24 $31.75 $33.33 Code Compliane Officer Annually $51,732.00 $54,324.00 $57,036.00 $59,892.00 $62,892.00 $66,036.00 $69,336.00 Engineering Technician ll Pay Period $1,989.69 $2,089.38 $2,193.69 $2,303.54 $2,418.92 $2,539.85 $2,666.77 Librarian Sr Building Maintenance Technician S39 Monthly $4,528.00 $4,754.00 $4,992.00 $5,242.00 $5,504.00 $5,779.00 $6,068.00 Senior Permit Technician Hourly $26.12 $27.43 $28.80 $30.24 $31.75 $33.34 $35.01 Senior Water Utility Technician Annually $54,336.00 $57,048.00 $59,904.00 $62,904.00 $66,048.00 $69,348.00 $72,816.00 Pay Period $2,089.85 $2,194.15 $2,304.00 $2,419.38 $2,540.31 $2,667.23 $2,800.62 S40 Monthly $4,643.00 $4,875.00 $5,119.00_ $5,375.00 $5,644.00 $5,926.00 $6,222.00 Graphic Designer Hourly $26.79 $28.13 $29.53 $31.01 $32.56 $34.19 $35.90 Information Technology Specialist Annually $55,716.00 $58,500.00 $61,428.00 $64,500.00 $67,728.00 $71,112.00 $74,664.00 Pay Period $2,142.92 $2,250.00 $2,362.62 $2,480.77 $2,604.92 $2,735.08 $2,871.69 541 Monthly $4,759.00 $4,997.00 $5,247.00 $5,509.00 $5,784.00 $6,073.00 $6,377.00 Livability Compliance Specialist• Hourly $27.46 $28.83 $30.27 $31.78 $33.37 $35.04 $36.79 Senior Engineering Technician Annually $57,108.00 $59,964.00 $62,964.00 $66,108.00 $69,408.00 $72,876.00 $76,524.00 Senior Librarian Pay Period $2,196.46 $2,306.31 $2,421.69 $2,542.62 $2,669.54 $2,802.92 $2,943.23 S42 Monthly $4,877.00 $5,121.00 $5,377.00 $5,646.00 $5,928.00 $6,224.00 $6,535.00 Plans Examiner Hourly $28.14 $29.54 $31.02 $32.57 $34.20 $35.91 $37.70 Annually $58,524.00 $61,452.00 $64,524.00 $67,752.00 $71,136.00 $74,688.00 $78,420.00 Pay Period $2,250.92 $2,363.54 $2,481.69 $2,605.85 $2,736.00 $2,872.62 $3,016.15 S43 Monthly $5,002.00 $5,252.00 $5,515.00 $5,791.00 $6,081.00 $6,385.00 $6,704.00 Building-Housing Code Compliance Officer• Hourly $28.86 $30.30 $31.82 $33.41 $35.08 $36.84 $38.68 Building Inspector li Annually $60,024.00 $63,024.00 $66,180.00 $69,492.00 $72,972.00 $76,620.00 $80,448.00 Pay Period $2,308.62 $2,424.00 $2,545.38 $2,672.77 $2,806.62 $2,946.92 $3,094.15 S44 Monthly $5,125.00 $5,381.00 $5,650.00 $5,933.00 $6,230.00 $6,542.00 $6,869.00 Environmental Program Coordinator Hourly $29.57 $31.04 $32.60 $34.23 $35.94 $37.74 $39.63 GIS Programmer Analyst Annually $61,500.00 $64,572.00 $67,800.00 $71,196.00 $74,760.00 $78,504.00 $82,428.00 Project Coordinator Pay Period $2,365.38 $2,483.54 $2,607.69 $2,738.31 $2,875.38 $3,019.38 $3,170.31 045 Monthly $5,255.00 $5,518.00 $5,794.00 $6,084.00 $6,388.00 $6,707.00 $7,042.00 Engineering Construction Inspector• Hourly $30.32 $31.83 $33.43 $35.10 $36.85 $38.69 $40.63 Annually $63,060.00 $66,216.00 $69,528.00 $73,008.00 $76,656.00 $80,484.00 $84,504.00 Pay Period $2,425.38 $2,546.77 $2,674.15 $2,808.00 $2,948.31 $3,095.54 $3,250.15 546 Monthly $5,385.00 $5,654.00 $5,937.00 $6,234.00 $6,546.00 $6,873.00 $7,217.00 Hourly $31.07 $32.62 $34.25 $35.97 $37.77 $39.65 $41.64 Annually $64,620.00 $67,848.00 $71,244.00 $74,808.00 $78,552.00 $82,476.00 $86,604.00 Pay Period $2,485.38 $2,609.54 $2,740.15 $2,877.23 $3,021.23 $3,172.15 $3,330.92 S47 Monthly $5,519.00 $5,795.00 $6,085.00 $6,389.00 $6,708.00 $7,043.00 $7,395.00 Senior Building Inspector Hourly $31.84 $33.43 $35.11 $36.86 $38.70 $40.63 $42.66 Senior Plans Examiner Annually $66,228.00 $69,540.00 $73,020.00 $76,668.00 $80,496.00 $84,516.00 $88,740.00 Senior GIS Programmer Analyst Pay Period $2,547.23 $2,674.62 $2,808.46 $2,948.77 $3,096.00 $3,250.62 $3,413.08 S48 Monthly $5,656.00 $5,939.00 $6,236.00 $6,548.00 56,875.00. $7,219.00 $7,580.00 Sr Environmental Program Coordinator Ho,6, $32.63 $34.26 $35.98 $37.78 $39.66 $41.65 $43.73 Annually 567,872.00 471,268.00 $74,832.00 $78,576.00 $82,500.00 $86,628.00 $90,960.00 Pay Period $2,610.46 $2,741.08 $2,878.15 $3,022.15 $3,173.08 $3,331.85 $3,498.46 33 R.:nv=c Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 IS9 Monthly $1,991.00 $2,091.00 $2,196.00 $2,306.00 $2,421.00 $2,542.00 $2,669.00 LibraryAide Hourly $11.49 $12.06 $12.67 $13.30 $13.97 $14.67 $15.40 Annually $23,892.00 $25,092.00 $26,352.00 $27,672.00 $29,052.00 $30,504.00 $32,028.00 Pay Period $918.92 $965.08 $1,013.54 $1,064.31 $1,117.38 $1,173.23 $1,231.85 1522 Monthly 52,743.00 $2,880.00 $3,024.00 $3,175.00 $3,334.00 $3,501.00 $3,676.00 Accounting Assistant l Hourly $15.83 $16.62_ $17.45 $18.32 $19.23 $20.20 $21.21 Administrative Specialist I Annually $32,916.00 $34,560.00 $36,288.00 $38,100.00 $40,008.00 542012.00 $44,112.00 Court Clerk I Pay Period $1,266.00 $1,329.23 $1,395.69 $1,465.38 $1,538.77 51.615.85 $1,696.62 1$24 Monthly $2,882.00 $3,026.00 $3,177.00 53,336.00 $3,503.00 $3,678.00 $3,862.00 Reprographics Specialist Hourly $16.63 $17.46 $18.33 519.25 520.21 $21.22 $22.28 Annually $34,584.00 $36,312.00 $38,124.00 $40,032.00 $42,036.00 544,136.00 $46,344.00 Pay Period $1,330.15 $1,396.62 $1,466.31 $1,539.69 $1,616.77 51,697.54 $1,782.46 IS25 Monthly $2,955.00 $3,103.00 $3,258.00 $3,421.00 $3,592.00 $3,772.00 $3,961.00 Library Assistant Hourly $17.05 $17.90 $18.80 $19.74 $20.72 $21.76 $22.85 Utility Worker Annually $35,460.00 $37,236.00_ $39,096.00 $41,052.00 $43,104.00 $45,264.00 $47,532.00 Pay Period S1,363.85 $1,432.15 $1,503.69 $1,578.92 $1,657.85 51,740.92 $1,828.15 1526 Monthly- 53,028.00 $3,179.00 $3,338.00 $3,505.00 $3,680.00 53,864.00 54057.00 Records Technician Hourly $17.47 $18.34_ S19.26 520.22 $21.23 $22.29 $23.41 Annually $36,336.00 $38,148.00 $40,056.00 542,060.00 $44,160.00 $46,368.00 $48,684.00 Pay Period $1,397.54 $1,467.23 $1,540.62 51.617.69 $1,698.46 $1,783.38 $1,872.46 1528 Mmrh[y $3,183.00 $3,342.00 $3,509.00 $3,684.00 $3,868.00 $4,061.00 $4,264.00 Accounting Assistant II Hourly $18.36 S19.28 520.24 $21.25 $22.32 $23.43 $24.60 Administrative Specialist II Annually $38,196.00 $40,104.00 $42,108.00 $44,208.00 $46,416.00 548.732.00 $51,168.00 Court Clerkll Pay Period S1,469.08 $1,542.46 $1,619.54 $1,700.31 $1,785.23 $1,874.31 $1,968.00 Customer Service Specialist IS29 Monthly $3,262.00 $3,425.00 $3,596.00 $3,776.00 $3,965.00 $4,163.00 $4,371.00 Customer Service Field Worker Hourly $18.82 $19.76 520.75 $21.78 $22.88 $24.02 525.22 Permit Technician Assistant Annually $39,144.00 $41,100.00 543,152.00 $45,312.00 547,580.00 $49,956.00 S52,452.00 Senior library Assistant Pay Period $1,50544 51,580.77 $1,659.69 $1,742.77 51,830.00 S1,921.38 S2,017.38 1831 Monthly $3,425.00 $3,596.00 $3,776.00 $3,965.00 $4,163.00 $4,371.00 $4,590.00 Building Maintenance Technician Il Hourly 519.76 $20.75 $21.78 $22.88 524.02 525.22 526.48 Engineering Technician I Annually $41,100.00 $43,152.00 545,312.00 $47,580.00 $49,956.00 $52,452.00 555,080.00 Fleet Maintenance Technician Pay Period $1,580.77 $1,659.69_ 51,742.77 $1,830.00 $1,921.38 $2,017.38 $2,118.46 Utility Worker II 1$32 Monthly 53312.00 $3,688.00 $3,872.00 $4,066.00 $4,269.00 $4,482.00 $4,706.00 Senior Accounting Assistant Hourly $20.26 $21.28 $22.34 $23.46 $24.63 $25.86 $27.15 Senior Administrative Specialist Annually $42,144.00 $44,256.00 $46,464.00 $48,792.00 S51,228.00 $53,784.00 $56,472.00 Pay Period $1,620.92 $1,702.15 S1,787.08 $1,876.62 51,970.31 $2,068.62 $2,172.00 1833 Monthly 53,599.00 $3,779.00 $3,968.00 $4,166.00 54,374.00 54,593.00 $4,823.00 Senior Customer Services Field Worker Hourly 520.76 $21.80 522.89 $24.03 525.23 $26.50 $27.83 Annually S43,188.00 $45,348.00 $47,616.00 $49,992.00 $52,488.00 S55,116.00 $57,876.00 Pay Period $1,661.08 $1,744.15 $1,831.38 $1,922.77 $2,018.77 $2,119.85 $2,226.00 1S34 Monthly $3,689.00 $3,873.00 $4,067.00 $4,270.00 $4,484.00 $4,708.00 $4,943.00 Engineering Assistant Hourly $21.28 $22.34 $23.46 $24.63 $25.87 $27.16 $28.52 Purchasing Assistant Annually $44,268.00 $46,476.00 $48,804.00 $51,240.00 $53,808.00 $56,496.00 $59,316.00 Pay Period $1,702.62 $1,787.54 $1,877.08 $1,970.77 $2,069.54 $2,172.92 $2,281.38 1535 Monthly $3,781.00 $3,970.00 $4,169.00 $4,377.00 $4,596.00 $4,826.00 $5,067.00 Backflow-Cross Connection Specialist Hourly $21.81 $22.90 $24.05 S25.25 $26.52 527.84 $29.23 CMMS Software Specialist Annually 545,372.00 $47,640.00 $50,028.00 552,524.00 $55,152.00 $57,912.00 $60,804.00 Mechanic* Pay Period 51,745.08 $1,832.31 $1,924.15 $2,020.15 $2,121.23 $2,227.38 $2,338.62 Permit Technician Records Management Specialist Sr Building Maintenance Technician Senior Utility Worker Water Utility Technician a Position Not Currently Filled Falary schedule effective 08/01/2016 Includes 1.5°/COLA Pager 1 of 2 34 Range#! Step1 Step2 Step3 Step4 Step5 Step6 Step? 1536 Monthly $3,877.00 $4,071.00 $4,275.00 $4,489.00 $4,713.00 $4,949.00 $5,196.00 GIS Technician Hourly $22.37 $23.49 $24.66 $25.90 $27.19 $28.55 $29.98 Annually $46,524.00 $48,852.00 $51,300.00 $53,868.00 $56,556.00 $59,388.00 $62,352.00 Pay Period $1,789.38 $1,878.92 $1,973.08 $2,071.85 $2,175.23 $2,284.15 $2,398.15 1537 Monthly $3,973.00 $4,172.00 $4,381.00 $4,600.00 $4,830.00 $5,072.00 $5,326.00 Building Inspector I Hourly $22.92 $24.07 $25.28 $26.54 $27.87 $29.26 $30.73 Code Compliance Officer Annually $47,676.00 $50,064.00 $52,572.00 $55,200.00 $57,960.00 $60,864.00 $63,912.00 Engineering Tedtnician 11 Pay Period $1,833.69 $1,925.54 $2,022.00 $2,123.08 $2,229.23 $2,340.92 $2,458.15 Librarian 1539 Monthly $4,173.00 $4,382.00 $4,601.00 $4,831.00 $5,073.00 $5,327.00 $5,593.00 Senior Permit Technician Hourly $24.08 $25.28 $26.54 $27.87 $29.27 $30.73 $32.27 Senior Water Utility Technician Annually $50,076.00 $52,584.00 $55,212.00 $57,972.00 $60,876.00 $63,924.00 $67,116.00 Pay Period $1,926.00 $2,022.46 $2,123.54 $2,229.69 $2,341.38 $2,458.62 $2,581.38 1540 Monthly $4,278.00 $4,492.00 $4,717.00 $4,953.00 $5,201.00 $5,461.00 $5,734.00 Graphic Designer Hourly $24.68 $25.92 $27.21 $28.58 $30.01 $31.51 $33.08 Information Technology Specialist Annually $51,336.00 $53,904.00 $56,604.00 $59,436.00 $62,412.00 $65,532.00 $68,808.00 Pay Period $1,974.46 $2,073.23 52,177.08 $2,286.00 $2,400.46 $2,520.46 $2,646.46 1541 Monthly $4,385.00 $4,604.00 $4,834.00 $5,076.00 $5,330.00 $5,597.00 $5,877.00 Livability Compliance Specialist Hourly $25.30 526.56 $27.89 $29.28 $30.75 $32.29 $33.91 Senior Engineering Technician Annually $52,620.00 $55,248.00 $58,008.00 $60,912.00 $63,960.00 $67,164.00 $70,524.00 Senior librarian Pay Period $2,023.85 $2,124.92 $2,231.08 $2,342.77 $2,460.00 $2,583.23 $2,712.46 1542 Monthly $4,494.00 $4,719.00 $4,955.00 $5,203.00 $5,463.00 $5,736.00 $6,023.00 Plans Examiner Hourly $25.93 527.23 $28.59 $30.02 $31.52 $33.09 $34.75 Annually $53,928.00 $56,628.00 $59,460.00 $62,436.00 $65,556.00 $68,832.00 $72,276.00 Pay Period 52,074.15 52,178.00 $2,286.92 $2,401.38 $2,521.38 $2,647.38 $2,779.85 1543 Monthly $4,609.00 $4,839.00 $5,081.00 $5,335.00 $5,602.00 $5,882.00 $6,176.00 Building-Housing Code Compliance Officer Hourly $26.59 $27.92 $29.31 $30.78 $32.32 $33.93 $35.63 Building Inspector II Annually $55,308.00 $58,068.00 $60,972.00 $64,020.00 $67,224.00 $70,584.00 $74,112.00 Pay Period $2,127.23 $2,233.38 $2,345.08 $2,462.31 $2,585.54 $2,714.77 $2,850.46 1s44 Monthly 54,723.00 $4,959.00 $5,207.00 $5,467.00 $5,740.00 $6,027.00 $6,328.00 Environmental Program Coordinator Hourly $27.:5 528.61 $30.04 $31.54 $33.12 $34.77 $36.51 GIS Programmer Analyst Annually $56,676.00 $59,508.00 $62,484.00 $65,604.00 $68,880.00 $72,324.00 $75,936.00 Pay Period $2,179.85 $2,288.77 $2,403.23 $2,523.23 $2,649.23 $2,781.69 $2,920.62 1545 Monthly $4,842.00 $5,084.00 $5,338.00 $5,605.00 $5,885.00 $6,179.00 $6,488.00 Engineering Construction Inspector Hourly $27.93 529.33 $30.80 $32.34 $33.95 $35.65 $37.43 Annually $58,104.00 $61,008.00 $64,056.00 $67,260.00 $70,620.00 $74,148.00 $77,856.00 Pay Period $2,234.77 $2,346.46 $2,463.69 $2,586.92 $2,716.15 $2,851.85 $2,994.46 1546 Monthly $4,962.00 $5,210.00 $5,471.00 $5,745.00 $6,032.00 $6,334.00 $6,651.00 Senior Plans Examiner Hourly $28.63 $30.06 $31.56 $33.14 $34.80 $36.54 $38.37 Annually $59,544.00 $62,520.00 $65,652.00 $68,940.00 $72,384.00 $76,008.00 $79,812.00 Pay Period $2,290.15 $2,404.62 $2,525.08 $2,651.54 $2,784.00 $2,923.38 $3,069.69 1547 Monthly $5,085.00 $5,339.00 $5,606.00 $5,886.00 $6,180.00 $6,489.00 $6,813.00 Senior Building Inspector Hourly $29.34 $30.80 $32.34 $33.96 $35.65 $37.44 $39.31 Annually $61,020.00 $64,068.00 $67,272.00 $70,632.00 $74,160.00 $77,868.00 $81,756.01) Pay Period $2,346.92 $2,464.15 $2,587.38 $2,716.62 $2,852.31 32,994.92 53,144.46 1548 Monthly $5,212.00 $5,473.00 $5,747.00 $6,034.00 $6,336.00 $6,653.00 $6,986.00 Sr Environmental Program Coordinator Hourly $30.07 $31.58 $33.16 $34.81 $36.55 $38.38 $40.30 Annually $62,544.00 $65,676.00 $68,964.00 $72,408.00 $76,032.00 $79,836.00 $83,832.00 Pay Period $2,405.54 $2,526.00 $2,652.46 $2,784.92 $2,924.31 $3,070.62 $3,224.31 _wt_.Currently Filled Includca 1.5%COLA Page 2 of 3 35 APPENDIX A SALARY SCHEDULES 2017 2018 SEIU SALARY SCHEDULE Range# Step 1 Step 2 Step 3 Step 4 Steps Step 6 Step 7 S9 Monthly $2,031.00 $2,133.00 $2,240.00 $2,352.00 $2,470.00 $2,594.00 $2,724.00 Library Aide Hourly $11.72 $12.31 $12.92 $13.57 $14.25 $14.97 $15.72 Annually $24,372.00 $25,596.00 $26,880.00 $28,224.00 $29,640.00 $31,128.00 $32,688.00 Pay Period $937.38 $984.46 $1,033.85 $1,085.54 $1,140.00 $1,197.23 $1,257.23 S22 Monthly $2,798.00 $2,938.00 $3,085.00 $3,239.00 $3,401.00 $3,571.00 $3,750.00 Amounting Assistant I Hawk $16.14 $16.95 $17.80 $18.69 $19.62 $20.60 $21.63 Administrative Specialist I Annually $33,576.00 $35,256.00 $37,020.00 $38,868.00 $40,812.00 $42,852.00 $45,000.00 Court Clerk I Py Period $1,291.38 $1,356.00 $1,423.85 $1,494.92 $1,569.69 $1,648.15 $1,730.77 S24 Monthly $2,940.00 $3,087.00 $3,241.00 $3,403.00 $3,573.00 $3,752.00 $3,940.00 Reprographics Specialist Howly $16.96 $17.81 $18.70 $19.63 $20.61 $21.65 $22.73 Annually $35,280.00 $37,044.00 $38,892.00 $40,836.00 $42,876.00 $45,024.00 $47,280.00 Pay Period $1,356.92 $1,424.77 $1,495.85 $1,570.62 $1,649.08 $1,731.69 $1,818.46 S25 Monthly $3,014.00 $3,165.00 S3,323.00 $3,489.00 $3,663.00 $3,846.00 $4,038.00 library Assistant HOW* $17.39 $18.26 $19.17 $20.13 $21.13 $22.19 $23.30 Utility Uorker 1 Annually $36,168.00 $37,980.00 $39,876.00 $41,868.00 $43,956.00 $46,152.00 $48,456.00 Pay Period $1,391.08 $1,460.77 $1,533.69 $1,610.31 $1,690.62 $1,775.08 $1,863.69 S26 Monthly $3,089.00 $3,243.00 $3,405.00 $3,575.00 $3,754.00 $3,942.00 $4,139.00 Records Technician Hourly $17.82 $18.71 $19.64 $20.63 $21.66 $22.74 $23.88 Annually $37,068.00 $38,916.00 $40,860.00 $42,900.00 $45,048.00 $47,304.00 $49,668.00 Pay Period $1,425.69 $1,496.77 $1,571.54 $1,650.00 $1,732.62 $1,819.38 $1,910.31 S28 Monthly $3,247.00 $3,409.00 $3,579.00 $3,758.00 $3,946.00 $4,143.00 $4,350.00 Amounting Assistant II Hourly $18.73 $19.67 $20.65 $21.68 $22.77 $23.90 $25.10 Administrative Specialist II Annually $38,964.00 $40,908.00 $42,948.00 $45,096.00 $47,352.00 $49,716.00 $52,200.00 Court Clerk II Pay Period $1,498.62 $1,573.38 $1,651.85 $1,734.46 $1,821.23 $1,912.15 $2,007.69 Customer Service Specialist $29 Monthly $3,327.00 $3,493.00 $3,668.00 $3,851.00 $4,044.00 $4,246.00 $4,458.00 Customer Service Field Worker Howl- $19.19 $20.15 $21.16 $22.22 $23.33 $24.50 $25.72 Permit Technician Assistant Annually $39,924.00 $41,916.00 $44,016.00 $46,212.00 $48,528.00 $50,952.00 $53,496.00 Senior library Assistant Pay Period $1,535.54 $1,612.15 $1,692.92 $1,777.38 $1,866.46 $1,959.69 $2,057.54 S31 Monthly $3,494.00 $3,669.00 $3,852.00 $4,045.00 $4,247.00 $4,459.00 $4,682.00 Budding Maintenance Technician II Hour** $20.16 $21.17 $22.22 $23.34 $24.50 $25.73 $27.01 Engineering Technician I Annually $41,928.00 $44,028.00 $46,224.00 $48,540.00 $50,964.00 $53,508.00 $56,184.00 Fleet Maintenance Tefinician Pay Period $1,612.62 $1,693.38 $1,777.85 $1,866.92 $1,960.15 $2,058.00 $2,160.92 Utility Worker II S32 Monthly $3,582.00 $3,761.00 $3,949.00 $4,146.00 $4,353.00 $4,571.00 $4,800.00 Senior A cconnting Assistant Hourly $20.67 $21.70 $22.78 $23.92 $25.11 $26.37 $27.69 Senior Administrative Specialist Annually $42,984.00 $45,132.00 $47,388.00 $49,752.00 $52,236.00 $54,852.00 $57,600.00 Pay Period $1,653.23 $1,735.85 $1,822.62 $1,913.54 $2,009.08 $2,109.69 $2,215.38 533 Monthly $3,671.00 $3,855.00 $4,048.00 $4,250.00 $4,463.00 $4,686.00 $4,920.00 Senior Customer Services Field Worker Hourly $21.18 $22.24 $23.35 $24.52 $25.75 $27.03 $28.38 Annually $44,052.00 $46,260.00 $48,576.00 $51,000.00 $53,556.00 $56,232.00 $59,040.00 Pay Period $1,694.31 $1,779.23 $1,868.31 $1,961.54 $2,059.85 $2,162.77 $2,270.77 S34 Monthly $3,763.00 $3,951.00 $4,149.00 $4,356.00 $4,574.00 $4,803.00 $5,043.00 Engineering Assistant Hourly $21.71 $22.79 $23.94 $25.13 $26.39 $27.71 $29.09 Purchasing Assistant Annually $45,156.00 $47,412.00 $49,788.00 $52,272.00 $54,888.00 $57,636.00 $60,516.00 Pay Period $1,736.77 $1,823.54 $1,914.92 $2,010.46 $2,111.08 $2,216.77 $2,327.54 S35 Monthly $3,857.00 $4,050.00 $4,253.00 $4,466.00 $4,689.00 $4,923.00 $5,169.00 BaddlowCross Connection Specialist Hourly $22.25 $23.37 $24.54 525.77 $27.05 $28.40 529.82 CMMS Software Specialist Annually $46,284.00 $48,600.00 $51,036.00 $53,592.00 $56,268.00 $59,076.00 $62,028.00 Mechanic* Pay Period 51,780.15 $1,869.23 $1,962.92 $2,061.23 $2,164.15 $2,272.15 $2,385.69 Permit Technician Records Management Specialist Senior Utility Worker Sr Building Maintenance Technician Water Utility Te,4rniri.,n * Position Not Currently Filled Salary 3ehcdule effective 07/01/17 Include.)2%COLA Page 1 of 2 36 Rangeft Step Step Step Step Step5 Step6 Step? S36 Monthly $3,955.00 $4,153.00 $4,361.00 $4,579.00 $4,808.00 $5,048.00 $5,300.00 GIS Tedtnician Hamby $22.82 $23.96 $25.16 $26.42 $27.74 $29.12 $30.58 Annually $47,460.00 $49,836.00 $52,332.00 $54,948.00 $57,696.00 $60,576.00 $63,600.00 Pay Period $1,825.38 $1,916.77 $2,012.77 $2,113.38 $2,219.08 $2,329.85 $2,446.15 S37 Monthly $4,052.00 $4,255.00 $4,468.00 $4,691.00 $4,926.00 $5,172.00 $5,431.00 Building Inspector 1 Hourly $23.38 $24.55 $25.78 $27.06 $28.42 $29.84 $31.33 Code Compfiane Officer Amorally $48,624.00 $51,060.00 $53,616.00 $56,292.00 $59,112.00 $62,064.00 $65,172.00 Engineering Technician II Pay Period $1,870.15 $1,963.85 $2,062.15 $2,165.08 $2,273.54 $2,387.08 $2,506.62 librarian S39 Monthly $4,256.00 $4,469.00 $4,692.00 $4,927.00 $5,173.00 $5,432.00 $5,704.00 Senior Permit Tedmidau Hourly $24.55 $25.78 $27.07 $28.43 $29.84 $31.34 $32.91 Senior Water Utility Technician Annually $51,072.00 $53,628.00 $56,304.00 $59,124.00 $62,076.00 $65,184.00 $68,448.00 Pay Period $1,964.31 $2,062.62 $2,165.54 $2,274.00 $2,387.54 $2,507.08 $2,632.62 840 Monthly $4,364.00 $4,582.00 $4,811.00 $5,052.00 $5,305.00 $5,570.00 $5,849.00 Graphic Designer Hourly $25.18 $26.43 $27.76 $29.15 $30.61 $32.13 $33.74 Information Tedtnology Specialist Annually $52,368.00 $54,984.00 $57,732.00 $60,624.00 $63,660.00 $66,840.00 $70,188.00 Pay Period $2,014.15 $2,114.77 $2220.46 $2,331.69 $2,448.46 $2,570.77 $2,699.54 S41 Monthly $4,473.00 $4,697.00 $4,932.00 $5,179.00 $5,438.00 $5,710.00 $5,996.00 livability Compliance Specialist Hourly $25.81 $27.10 $28.45 $29.88 $31.37 $32.94 $34.59 Senior Engineering Technician Annually $53,676.00 $56,364.00 $59,184.00 $62,148.00 $65,256.00 $68,520.00 $71,952.00 Senior Librarian Pay Period $2,064.46 $2,167.85 $2,276.31 $2,390.31 $2,509.85 $2,635.38 $2,767.38 S42 Monthly $4,584.00 $4,813.00 $5,054.00 $5,307.00 $5,572.00 $5,851.00 $6,144.00 Plans Examiner Haul. $26.45 $27,77 $29.16 $30.62 $32.15 $33.76 $35.45 Annually $55,008.00 $57,756.00 $60,648.00 $63,684.00 $66,864.00 $70,212.00 $73,728.00 Pay Period $2,115.69 $2,221.38 $2,332.62 $2,449.38 $2,571.69 $2,700.46 $2,835.69 S43 Monthly $4,701.00 $4,936.00 $5,183.00 $5,442.00 $5,714.00 $6,000.00 $6,300.00 Building-Housing Code Compliance Officer Hourly $27.12 $28.48 $29.90 $31.40 $32.97 $34.62 $36.35 Building Inspector II Annually $56,412.00 $59,232.00 $62,196.00 $65,304.00 $68,568.00 $72,000.00 $75,600.00 Pap Period 82,169.69 $2,278.15 $2,392.15 $2,511.69 $2,637.23 $2,769.23 $2,907.69 S44 Monthly $4,817.00 $5,058.00 $5,311.00 $5,577.00 $5,856.00 $6,149.00 $6,456.00 Environmental Program Coordinator Hauly $27.79 $29.18 $30.64 $32.18 $33.78 $35.48 $37.25 GIS Programmer Analyst Annually $57,804.00 $60,696.00 $63,732.00 $66,924.00 $70,272.00 $73,788.00 $77,472.00 Pay Period $2,223.23 $2,334.46 $2,451.23 $2,574.00 $2,702.77 $2,838.00 $2,979.69 645 Monthly $4,939.00 $5,186.00 $5,445.00 $5,717.00 $6,003.00 $6,303.00 $6,618.00 Engineering Construction Inspector Hourly $28.49 $29.92 $31.41 $32.98 $34.63 $36.36 $38.18 _Annually $59,268.00 $62,232.00 $65,340.00 $68,604.00 $72,036.00 $75,636.00 $79,416.00 Pay Period $2,279.54 $2,393.54 $2,513.08 $2,638.62 $2,770.62 $2,909.08 $3,054.46 S46 Monthly $5,061.00 $5,314.00 $5,580.00 $5,859.00 $6,152.00 $6,460.00 $6,783.00 Senior Plans Examiner _ Hourly $29.20 $30.66 $32.19 $33.80 $35.49 $37.27 $39.13 Annually $60,732.00 $63,768.00 $66,960.00 $70,308.00 $73,824.00 $77,520.00 $81,396.00 Pay Period $2,335.85 $2,452.62 $2,575.38 $2,704.15 $2,839.38 $2,981.54 $3,130.62 S47 Monthly $5,187.00 $5,446.00 $5,718.00 $6,004.00 $6,304.00 $6,619.00 $6,950.00 Senior Building inspector Hourly $29.93 $31.42 $32.99 $34.64 $36.37 $38.19 $40.10 Annually $62,244.00 $65,352.00 $68,616.00 $72,048.00 $75,648.00 $79,428.00 $83,400.00 Pay Period $2,394.00 $2,513.54 $2,639.08 $2,771.08 $2,909.54 $3,054.92 $3,207.69 848 Monthly $5,316.00 $5,582.00 $5,861.00 $6,154.00 $6,462.00 $6,785.00 $7,124.00 Sr Environmental Program Coordinator Hourly $30.67_ $32.20 $33.81 $35.50 $37.28 $39.14 $41.10 Annually $63,792.00 $66,984.00 $70,332.00 $73,848.00 $77,544.00 $81,420.00 $85,488.00 Pay Period. 97 451 54 52,57641, 8730900 42)140 II $7 907 46 89)115d, 43911800 Salary 7chcdulc effective 07/01/17 lncludc3 2%COLA Page 2 of 2 37 APPENDIX B—BUILDING INSPECTOR DIFFERENTIAL SR.INSP&INSP II SR.INSP&INSP II SR.INSP&INSP II INSP I1-S-EX SR.PLANS EX BASE REQS A LEVEL PLMB A LEVEL ELEC A LEVEL SIRUE&Ml l I 1&2 FAMILY A LEVEL PLANS I&2 FAM[LY PIMMR 1&2 FAMILY ELEC 1&2 FAMILY STRUC&NICCII STRUC&MECI I EXAM-(F&S) A LEVEL STRUCT;A ITEMS ELIGIBLE •A LEVEL STRUC& •A I NIT.S RLC A •A LEVEL CLEC •1 A 2 FAMILY LLE: A LEVEL •A LEVEL ELEC FOR&75/MONTI I MELD MECI I •A LEVEL PLM •1 A''FAMILY PLM ELIC •A LEVEL PLM I:ACI I •A LEVEL ELEC •A LEVEL PIM •1&2 FAMILY I:LEC A— •1&2 FAMILY •1&2 FAMILY •1&2 FAMILY PLM STRUC&MECI I STRUC&M£CI I •1&2 FAMILY ELEC •1&1 FAMILY PILI (FLS)A LEVEL •A LEVEL,AND i&2 •A LEVEL AND i&2 STRUCT&ME04 FAMILY STRUCT FAMILY STRUC •A LEVEL AND 1&2 •A LEVEL AND 1&2 HEEFI FAMILY MEd I FAMILY MECII ITEMS ELIGIBLE NONE •LIMITED SEWER •LIMITED SEWER' 1IEN •A LEVEL 13.2 FAMILY ELEC •t&2 FAMILY EIEC FOR @zn/MOLmI �r VCMIEN-I40MANG- IIOLDING NO OTHER STRUC&MECI I 4&,2-FAMILY-PEM •1&2 FAMILY PLM BONUS EACII NO=�FFIR! PLM CHIT •A LEVEL ELEC 1&2 FAMILY •l&2FAMILY CERT •A LEVEL PLM S eME •LIMITED SEWER C4I S7RUCT •LIMITED SEWER OTHER PLM CERT WIIEN I IOLDINC AWEN-HOL144146-1•30- NO-OTHER-PLAT OTHER-P144-CART CERT ITEMS ELIGIBLE NONE •LIMITED SEWER •LIMITED SEWER WHEN •LIMITED SEWER •LIMITED SEVER ~ 'MON-144- WHEN-ITOEDINQ, AMEN-HOEDINO HOLDING EACH ONE OTf WI R PL s PIM-CERT ONE OTHER PIM P144-C-gRT ONE O71 LER PIM CERT CERT CI:RT ITEMS ELIGIBLE NONE NONE NONE NONE "tel IIS HOME.INSTALLA '__;€;; INSTALLATION INSPECTOR INSPECTOR The intent of this Appendix is to update the names of the certification for the building inspectors and not a reduction in benefits from the 2016-2019 CBA for bargaining unit employees. 38 SR.INSP& SR.INSP& SR.INSP&INSP INSP I PLANS EX SR.PLANS EX INSP II INSP II il. A-LEVEL PLM A-LEVEL ELEC A-].IiVEL STRUC& RFS STRUC&MECH 1&2 FAMILY PLANS A-LBVI?l,PLANS EXAM BASE REO'S MECH EXAM Ill S) RES PLM R1:S ELEC ICES STRUC&MECH A-LEVEL STRt CI& MECI I A-LEVEL STRUC& A-LEVELS"LRUC A-LEVEL ELEC RES ELEC A-LEVEL ELECTRICAL A-LEVEL ELEC MECH &MECH A-LEVEL ELEC A-LEVEL PLM A-LEVEL PLM RFS PLM A-LEVEL PLUMBING A-LEVEL PLM IEMS ELIGIBLE FOR RIS STRUC& RES STRUC& A-LEN-EL A-Id?VEL PLANS EXAM 75/MONTH EACH MEET I MECII RES ELFC $TRUC&MECH (FLS1 _ REIEC RES PLM RFS PLM A-LEVEL.ELEC A-LEVEL AND RISS ES STRUCT&MECH .A-LEVEL AND RES LEVEL EVEL AND S'IRUCT&MECH RES S7RUCT& A-LEVEL PLM _ MECI I NONE NONE NONE: 'y ONE RES ELEC RFS FI FE ITEMS ELIGIBLE FOR S30/MONTII BONUS _ RES PLM RES PLM EACH RFs STRUC&1:rj - •MANUFACTURED MANUFACTURED ITEMS ELIGIBLI1 FOR HOME S10/MQJyTIT EACH NONE NOM': INSTALLATION HOME INSTAT.LATION NONE. 1NSPECLOR IE 39 APPENDIX C-LABOR AND MANAGEMENT COLLABORATION COMMITTEE (LMC) The parties agree to continue this collaborative program designed to explore the effectiveness of more regular labor/management meetings between depaiunent management and Union representatives. The parties therefore agree as follows: 1. There will be three different departmental labor/management committees which will exist during the life of this Agreement. 2. The three committees will be from the following departments: a.Library;b.Public Works;c. CD/Finance/Central Services. 3. Each of these three committees will consist of up to three members of management and up to three SEIU union members employees from the department.The management representatives will be selected by the City and the employee representatives will be selected by the Union. 4. Cross-departmental committees may be set up as needed by mutual agreement. 5. Each committee will meet every other month for a period of up to one-and-a-half hours for the purpose of working collaboratively toward solutions to current workplace issues,for improved efficiency and productivity,and for effective,two-way communication and respectful working relationships.The committees by mutual agreement may set alternative meeting schedules or make other changes as mutually agreed by the committee members. 6. Employee mcmbcra representatives of the committees will be compensated for their time spent in committee meetings with management. 7. The committees will have no authority to modify the collective bargaining agreement, discuss active grievances,or engage in bargaining over mandatory subjects. 8. Either party may re-evaluate the collaboration program on a yearly basis.This program may be modified and/or extended beyond the length of this Agreement,only by mutual agreement. 37 APPENDIX D— COMMERCIAL DRIVERS LICENSE IMPACT OF LOSS Employees in positions requiring the possession of a commercial driver license (CDL) are expected to maintain the CDL.An employee holding such a position who is unavailable for work in that position while recovering from injury or illness may be placed temporarily on a light duty assignment(if available) or on leave where a temporary light duty assignment is not available. Such temporary reassignment or leave would not impact the employee's classification.However,an employee who is unavailable for work in that position for six (6) months or more may be impacted. In order to maintain operational efficiency,it is necessary that there be a sufficient number of employees in Utility Worker positions who have a CDL.Where a Utility Worker II is unable to maintain the CDL,that employee may be reclassified to Utility Worker I,if the division is able to maintain operational efficiencies with the change in classification. Such employee would remain in the Utility Worker I classification until he or Thethey regains the qualification to work as Utility Worker II (CDL is reinstated) and/or unless heo- a3they were bumped out of the Utility Worker I classification.The impact of the change in classification would be consistent with the voluntary demotion process. In a situation where too many staff lost the CDL, such that operational efficiencies were negatively impacted,then the process to determine which staff would be allowed to reclassify down into a Utility Worker I and/or remain in the Utility Worker I classification would be as follows: • First priority would be given to employees with accepted worker's compensation medical conditions (EG staff injured on the job). If more than one staff was so situated,bargaining unit seniority would be the determining factor between the staff,should it be necessary. • Second priority would be given to employees with personal medical conditions preventing them from maintaining a CDL.Again if more than one employee was so situated, bargaining unit seniority would be the determining factor should it be necessary. • When an employee's loss of a CDL is related to a medical condition,the City would engage in the interactive process with that employee,consistent with the ADA and Oregon law,to determine whether transfer to an open position not requiring a CDL would be reasonable (such as other vacant positions within the City where the employee might be capable of performing the essential functions with or without reasonable accommodation). If no such transfer position is available,then a medical layoff would be the next step. Employees who are subject to such a medical layoff will then have rights consistent with other laid off employees per Article 17,including recall rights for a period of 12 months following separation;where the medical condition is work-related,such an employee may also have reinstatement or reemployment rights under state workers'compensation laws. The Senior Utility Workers job classification also requires the maintenance of a CDL and therefore Seniors would also potentially be allowed to reclassify down to a Utility Worker I should the CDL be lost under the same rules as those listed above, so long as it could be accommodated operationally.However,once the CDL was reinstated,a former Senior would not necessarily be allowed to return to the former Senior position and might instead be moved up to a Utility Worker II. 38 • In a case where medical reasons caused the loss of the CDL and the employee has been reclassified to a Utility Worker I,where the medical reason was work related,and where the employee was able to reinstate the CDL within three years of the date of injury,then reinstatement to the former Senior position would be permitted. In such cases any promotion would need to be rolled backward. 1 • In a case where medical reasons caused the loss of the CDL,where the employee has been reclassified to a Utility Worker I and where the medical reason was non-work related,if the CDL is lost for more than six (6) months,then the former Senior would not be allowed to return to the Senior classification,but would be moved to a Utility Worker II upon reinstatement of the CDL. • When an employee in a Senior Utility Workers position loses a CDL related to a medical condition but no Utility Worker I position is available,the City would engage in the interactive process with that employee,consistent with the ADA and Oregon law,to determine whether transfer to an open position not requiring a CDL would be reasonable (such as other vacant positions within the City where the employee might be capable of performing the essential functions with or without reasonable accommodation).If no such transfer position is available,then a medical layoff would be the next step. Employees who are subject to such a medical layoff will then have rights consistent with other laid off employees per Article 17,including recall rights for a period of 12 months following separation;where the medical condition is work-related,such an employee may also have reinstatement or reemployment rights under state workers'compensation laws. 1 Current Worker's Compensation law requires that should an employee be accommodated into another role and then recover such that they could again fulfill the essential functions of the formerly held position,that reinstatement to the former position is required.Thus any promotion of other staff that occurred in the interim,would need to be undone,the impacted staff would be treated as a bump down. 39 MEMORANDUM OF AGREEMENT—Market Review Effective Januar• 1,2020 the City agrees to implement a one-time market adjustment of 2.5% (one pay range) for the Utility Worker I classification. Employees of the Parks Division may request voluntary demotion to Utility Worker I,thus eliminating the requirement to maintain a commercial driver license(CDL). Should multiple Utility Worker IIs request voluntary demotion to Utility Worker I,permission to do so will be provided based on operational need with consideration given first to medical necessity and secondly to seniority with the City. Such permission may be granted at the discretion of the Public Works Director in consultation with human resources. Effective January 1,2020 the City agrees to implement a one-time market adjustment of 5.0% (two pay ranges) for the Senior Utility Worker classification. The City will conduct a salary study of the following SEIU positions: 1. Code Compliance Officer -- - -- --- - -- - -- a -- 3. Customer Service Field Worker 5. Livability Compliance Specialist 6. Plans Examiner 7. Senior Plans Examiner 8. Building Maintenance Technician II 9. Senior Building Maintenance Technician 10. Utility Worker I (Strect3 as Benchmark) 44,1. Utility Worker II (Streets Water Distribution as Benchmark) 12. Senior Utility Worker(Streets a3 Benchmark). Should the City determine`hat o- f`'cscthe Utility Worker II classifications a eis more than five four percent(4_0.5%)behind the average of the market,a one-level range adjustment shall be enacted. Should the City determine that one or more of thc3ethe Utility Worker II classification is ate more than 6_0.73%behind the average of the market,a two-level range adjustment shall be enacted. The cities utilized in the salary study shall be consistent with those used during the previous City study in 2008,in order to preserve internal equity between classifications. The study shall be completed by May-June of 2021 and any adjustments as a result of that review shall become effective July 1,20214. Should a range be adjusted,individuals within the range will maintain their existing rate of pay;however,individuals would have their step number adjusted accordingly to match within the new range. Impacted individuals would be eligible to receive future merit increases,in accordance with Article 13 Wages,Section 3 Evaluations,Subsections (a)though (c).This means that those impacted staff who on July 1,20214 have already spent 12 or more months at the top step of the former range,would be merit increase eligible on July 1,20214-, regardless of date of hire,but still in accordance with the criteria in Article 13. Further,any impacted individual,whose current step placement was below the start of a new range,would be moved on to the new range. 40 SEIU 19-22 Collective Bargaining Agreement Cost Summary 18-19 Year 1 Year 2 Year 3 Budgeted 3.5% COLA Assume Assume 3.0% COLA 3.5% COLA Wages 6,907,700 7,149,470 7,363,954 7,621,692 1/1/20 new certification pay for PW classifications 0 4,556 9,386 9,715 Increases to the current PW on-call program 44,753 47,896 49,332 51,059 1/1/20 increase to Utility Worker I classification 0 1,658 3,415 3,535 1/1/20 increase to Sr Utilty Worker classification 0 9,986 20,571 21,290 Total without wage-based benefit roll-up cost 6,952,453 7,213,565 7,446,658 7,707,291 Wage-based benefit roll-up cost State Unemployment Tax 6,952 7,214 7,447 7,707 FICA/Medicare 531,863 551,838 569,669 589,608 Trimet 55,620 55,090 56,870 58,861 Retirement(no change) 735,709 757,424 781,899 809,266 Life/Disability Insurance (incresaed from $2000 benefit 18,980 22,907 27,702 28,671 to$4000 benefit) Other Benefits Health and Dental 1,486,883 1,521,081 1,609,714 1,722,394 Total of wages and benefits 9,788,459 10,129,119 10,499,959 10,923,798 Vacation Increase Soft cost, no additional budget needed New Hires-30 hours at completion of probation (up from 20 hours) 25-year Employees-accrue 18 hours/mo (up from 16 hours) Clothing allowance for specific job classifications 14700 22,050 22,050 22,050 Grand Total 9,803,159 10,151,169 10,522,009 10,945,848 Difference (cost of contract) 348,010 718,850 1,142,689 Percentage Change Over Three Years 11.66% We worked with the Finance Director to review the current CPI Index trend in arriving at an estimate of 2.5%to 3.0% for year 2; we used 3.0%to be conservative. The Finance Director believes the estimate for year 3 is on the high side, but we again wanted to ensure that we have covered the risk factors of what this proposal could cost, depending upon how the CPI Index trends in the third year, so we used 3.5%as the year 3 estimate. Additional cost factors include the city's agreement to review the Utility Worker II classification in the spring of 2021; should that study support a range adjustment, the cost would be esimated at an additional 0.5%.