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Agenda Packet - 2022-12-20 503.534.4225 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY AGENDA CITY COUNCIL MEETING December 20, 2022 3:00 p.m. Council Chamber - 3rd Floor of City Hall Contact: Kari Linder, City Recorder Email: Klinder@lakeoswego.city or CityRecorder@lakeoswego.city Phone: 503.534.4225 Also published on the internet at: www.lakeoswego.city. The meeting location is accessible to persons with disabilities. To request ADA accommodations, please submit your request online or call 503.635.0282, four business days in advance of the meeting. The meeting will be livestreamed on the City’s YouTube Channel and at www.lakeoswego.city as well as broadcast live on Tualatin Valley Community TV; check their website for details. How to testify: If you would like to provide public comment or public testimony at an upcoming City Council meeting, please refer to the City’s instructions for in person and electronic (via Zoom or by phone) participation. In order to participate online or by phone, email: CityRecorder@lakeoswego.city by Noon the day of the meeting. Pre-registration is not required to testify in person at City Hall, but is encouraged and appreciated for meeting preparation. Simply fill out the request to speak card located on the table to the left as you enter the Chamber. Thank you. 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.PRESENTATION 4.1 Awards for the 2022 Unsung Heroes 4.2 Recognition of Outgoing City Councilors – Jackie Manz and Daniel Nguyen 5.PUBLIC COMMENT The purpose of Public Comment is to allow the community to present information or raise an issue regarding items not on the agenda or regarding agenda items that do not include a public hearing. A time limit of three minutes per individual shall apply. Public Comment will not exceed thirty minutes in total. Page 2 503.534.4225 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY 6.CONSENT AGENDA •The Consent Agenda allows the City Council to consider items that require no discussion. •An item may only be discussed if it is pulled from the Consent Agenda. •The City Council makes one motion covering all items included on the Consent Agenda. Motion: Move to adopt the Consent Agenda. 6.1 Agreement with Lake Oswego Rowing Club Foundation (Charlie S. Brown Water Sports Center). Motion: Move to Authorize the City Manager to sign the Lake Oswego Rowing Club Foundation Agreement. 6.2 Ordinance 2917, An Ordinance of the Lake Oswego City Council Clarifying, Revising, and Updating Various Provisions of the Lake Oswego Code (Other than LOC Chapter 50) (2022). Motion: Move that the second reading of Ordinance 2917 by title only: “An Ordinance of the Lake Oswego City Council Clarifying, Revising, and Updating Various Provisions of the Lake Oswego Code (Other Than LOC Chapter 50)(2022)” be enacted. 6.3 Approval of Meeting Minutes. October 4, 2022, Draft Regular Meeting Minutes Motion: Move to approve minutes as written. 6.4 Declaration of the 2022 General Election Vote. Motion: Move to approve the 2022 declaration of the vote. 6.5 Resolution 22-28, A Resolution of the City Council of the City of Lake Oswego Adjusting the Compensation for Charter Officers. Motion: Move to adopt Resolution 22-28. Page 3 503.534.4225 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY 6.6 Resolution 22-38, A Resolution of the City Council of the City of Lake Oswego Initiating Proceedings to Vacate a Portion of Hazel Road Located at the Most- Westerly end Thereof, and being Southerly of 2301 Hazel Road, and Authorizing the City Recorder to Give Notice of a Public Hearing. Motion: Move to adopt Resolution 22-38. 6.7 Resolution 22-39, A Resolution of the City Council of the City of Lake Oswego Approving a Request for Qualifications and Concepts for Development of Multifamily Affordable Housing at the Boones Ferry Road Staging Property. Motion: Move to adopt Resolution 22-39. 6.8 Resolution 22-42, A Resolution of the Lake Oswego City Council Authorizing the Mayor to Execute a City Attorney Employment Agreement. Motion: Move to adopt Resolution 22-42. 6.9 Resolution 22-43, A Resolution of the City Council of the City of Lake Oswego Adopting a City-Wide Naming Policy Related to City Areas and Facilities. Motion: Move to adopt Resolution 22-43. 6.10 Resolution 22-46, A Resolution of the City Council of the City of Lake Oswego Amending Exhibit A of Resolution 22-27, Correcting an Inadvertent Omission, Pertaining to Solid Waste Collection Service Rates. Motion: Move to adopt Resolution 22-46. 7.ITEMS REMOVED FROM CONSENT AGENDA 8.COUNCIL BUSINESS 8.1 Resolution 22-37, A Resolution of the City Council of the City of Lake Oswego Adopting the City of Lake Oswego Americans with Disabilities Act (ADA) Self- Evaluation and Transition Plan. Motion: Move to adopt Resolution 22-37. 8.2 Resolution 22-32, A Resolution of the City Council of the City of Lake Oswego Adopting the Natural Areas Habitat Management Plan. Motion: Move to adopt Resolution 22-32. Page 4 503.534.4225 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY 8.3 Resolution 22-45, A Resolution of the City Council of the City of Lake Oswego Declaring Public Necessity to Acquire Real Property for the Wastewater Treatment Project. Motion: (1)Move to adopt Resolution 22-45; and (2)Move to authorize the City Manager to sign the First Amendment to the interim intergovernmental Agreement with the City of Portland; and (3)Move to authorize an additional $200,000 in Project consulting services for the wastewater treatment plant project. 8.4 Ordinance 2920, An Ordinance of the Lake Oswego City Council Updating the Referenced Consumer Price Index for LOC 12.02.060. Motion: Move to enact Ordinance 2920. 8.5 Resolution 22-44, A Resolution of the City Council of the City of Lake Oswego Adopting an Economic Development Strategy and Resource Plan. Motion: Move to adopt Resolution 22-44. 9. 9.1 9.2 STUDY SESSIONS State of the Urban Forest Report Update. Parks and Recreation Capital Improvement Project Funding. Motion: (1)Move to direct staff to continue value engineering negotiations with the selected contractor before submitting a construction contract for award to the Council; and (2)Move to postpone the Rassekh Park project until a funding strategy is developed. 10.INFORMATION FROM COUNCIL 11.REPORTS OF OFFICERS (this will conclude the broadcast portion of the meeting) Page 5 503.534.4225 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY 12. EXECUTIVE SESSION: The Lake Oswego City Council will meet under authority of ORS 192.660(2)(i) Review and evaluate the employment related performance of the chief executive officer of any public body, a public officer, employee or staff member who does not request an open hearing; and (f) Consider records that are exempt by law from public inspection. 13. ADJOURNMENT 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Agreement with Lake Oswego Rowing Club Foundation (Charlie S. Brown Water Sports Center) Meeting Date: December 20, 2022 Report Date: December 5, 2022 Staff Member: Ivan Anderholm, Director Department: Lake Oswego Parks & Recreation Action Required Advisory Board/Commission Recommendation ☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction ☒Consent Agenda Staff Recommendation: Authorize City Manager to sign the Agreement Suggested Language for Motion: Move to Authorize the City Manager to sign the Lake Oswego Rowing Club Foundation Agreement. Project / Issue Relates To: Charlie S. Brown Water Sports Center facility use Issue before Council (Highlight Policy Question): ☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable BACKGROUND Lake Oswego Rowing Club Foundation (LORCF)(aka Lake Oswego Community Rowing) has been a programming provider with Lake Oswego Parks & Recreation since 1997. It is a volunteer led organization with paid employees and has expanded rowing and athletic services to the community. 6.1 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY LORCF currently holds a service provider contract to provide rowing activities to the community through Lake Oswego Parks & Recreation Department. The current service provider contract with LOCRF places all recreation programming responsibilities with the City. The City accepted all the payments for activity registration and distributed funds to LOCRF minus an administrative percentage fee. The current contract terminates December 31, 2022 and has provision for one (1) year renewal that would terminate on December 31, 2023. LORCF exercised the option to renew, pending finalization of the proposed Agreement. (Upon approval of the Agreement, it terminates the current programming agreement and is retroactive to September 7, 2022). DISCUSSION The proposed Agreement changes the relationship of LORCF with the City from a service provider, with income received from class registrations and use of the Water Sports Center (WSC) during programming, to an agreement for exclusive use of the facility for specific purposes (use of the property including the boathouse, canoe house, and docks for rowing activities and other uses such as retail and events), with annual payments, without programming requirements for the Parks and Recreation Dept. The proposed Agreement is for a three -year term, with two additional three -year options for renewal. Under the proposed Agreement: • City provides: building, utilities, maintenance of the exterior WSC property and an advertisement for LORCF in the Parks & Recreation activity guide. • LORCF will provide: $26,000 annually for property use and $4,000 for an LORCF- internal scholarship, and some interior maintenance to the WSC. • LORCF may use WSC for: rowing programs, equipment, coaching, and associated retail operations, events such as meetings, work parties, trainings and fundraising occasions. LORCF is responsible for its own administration of all aspects of programming and services including registration Staff finds that the proposed Agreement better aligns with LORCF’s desire for exclusive use of WSC in exchange for fair compensation, removes Parks’ involvement in programming, and provides a clearer line that liability for LORCF activities on City premises lies with LORCF. ALTERNATIVES • Authorize the City Manager to sign the proposed Agreement. • Do nothing and continue under current programming contract until termination date (December 31, 2023). • Renegotiate the current programming contract. • Terminate current programming contract for convenience and conduct a Request for Proposal process for WSC use, which may include programming. Page 3 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY FISCAL IMPACT The fiscal impact of the proposed agreement is expected to be an increase in City revenue (fixed annual payment as compared to variable class registration/administrative fee). RECOMMENDATION Approve the proposed agreement, under which the City will receive compensation to offset maintenance costs while reducing liability, and LORCF will have exclusive use of the WSC for its community-based rowing programming and associated activities. ATTACHMENT 1. LORCF Agreement, with map of Charlie S. Brown Water Sports Center area Agreement Use of the Charlie S. Brown Water Sports Center City: City of Lake Oswego Attn: Parks and Recreation Dept. Director P.O. Box 369 Lake Oswego, OR 97035 LORCF: Lake Oswego Rowing Club Foundation Attn: President 255 Foothills Rd. Lake Oswego, OR 97034 Subject Property: Charlie S. Brown Water Sports Center (Boathouse, Canoe Building, and Dock) 350 Oswego Pointe Drive Lake Oswego, OR 97035 Effective Date: September 7, 2022 Whereas, City is the owner of the Subject Property, as well as the dock / walkway that accesses the Subject Property from City’s Roehr Park (see Exhibit A) and LORCF desires to use the Subject Property, subject to the terms and provisions of this Agreement; Now, therefore, the parties agree as follows: 1. Right to Use. During the term of this Agreement: A. Exclusive Use: LORCF, its members, guests, and invitees shall have exclusive use of the Subject Property, subject to the terms and limitations of this Agreement. B. Common Right to Use: LORCF members, guests, and invitees shall have the right to use, in common with others permitted by City and as open for general use, and subject to City’s general rules, terms and limitations on such use: i. Walkway from the parking lot to the Dock/Walkway (See Exhibit A) ii. Parking lot (see Exhibit A), for general parking, including overnight parking and boat trailer parking, in common with other users of the parking lot C. Keys: City shall deliver to LORCF one key each for access to the gate on the dock and to the buildings. The keys shall be returned to City upon termination; upon termination a lock replacement fee of $50 shall be paid by LORCF to City. 2. Limitation on Use. Use of the Subject Property shall be limited to the following uses: A. LORCF’s recreational, experienced and competitive rowing/water sports programs and related activities/events for both Youth and Adults. Such programs, activities and events include but are not limited to: i. LORCF classes, rentals, and launching of LORCF watercraft suitable for launching from the Dock, e.g., rowing skulls, kayaks, etc., but not power boats. ii. LORCF staff, participant and/or member meetings, work parties and other gatheringsin support of LORCF programs and activities. iii. LORCF retail sales related to LORCF’s programs, activities and events, and other water activities. DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 ATTACHMENT 1 iv. Other uses that relate to LORCF’s programs, activities and events as authorized in writing by the City’s Parks and Recreation Director. B. Equipment and Supplies Permitted in Subject Property LORCF may place, use and store the following equipment and supplies in the Subject Property related to its programs, activities and events: i. Racks, boats, watercraft and associated materials, supplies and equipment (e.g. riggers). ii. Equipment for classes, rentals and associated materials, supplies and equipment (e.g. erg machines, weights). iii. Items for retail sale, as permitted under Subsection A above. iv. Such other equipment and supplies that relate to LORCF’s programs, activities and events as authorized in writing by the City’s Parks and Recreation Director. Notwithstanding the above, if the City’s Parks and Recreation Director determines that the use or storage of any specific goods or items are detrimental to maintenance of the Subject Property, or the Dock/Walkway, present an unreasonable public risk, or increase the City’s insurance premium for the Subject Property, written notice shall be given to LORCF and such items shall not be permitted to be used or stored in the Subject Property, and if any are then currently used or stored in the Subject Property, they shall be removed from the Subject Property within the time period stated by the Parks and Recreation Director. 3. Maintenance of Subject Property A. LORCF shall maintain the interior of the buildings of the Subject Property in its present condition, subject to ordinary wear and tear; provided, however, that LORCF shall: i. Provide general maintenance. ii. Be responsible for general cleaning. iii. Maintain as operational all lighting, includes light bulb replacement. iv. Paint the already painted interior with similar colors and of similar or better paint quality every 5 years. B. City shall maintain the exterior of the buildings of the Subject Property and dock in its present condition, subject to ordinary wear and tear; provided however, City: i. shall provide ongoing exterior clean-up maintenance (river debris removal, power-washing the building and dock, etc.) when needed. ii. shall provide all maintenance and repairs inside and outside of the buildings. iii. is responsible for any roof repairs. iv. is responsible for any capital improvements, and maintenance and repair of flotation and decking of the dock / walkway. C. Maintenance Requests. Any request by one party to the other for maintenance or clean- up items shall be given by phone or email as follows: i. For City: Ivan Anderholm, Director 503-675-2548, ianderholm@ci.oswego.or.us DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 ii. For LORCF: Sarah Hopkins, LORCF Administrator, sarah.hopkins@lorowing.com, 303-927-9735 4. Utilities City shall be responsible for the cost of utilities that are presently provided to the Subject Property, e.g., electricity only. 5. City Services In addition to the Maintenance services stated above, City shall: A. Parks and Recreation Activities Guide: At the request of LORCF, City shall include an advertisement (size to be determined by Parks, not less than ¼ page) that provides basic information of LORCF activities and contact information in the seasonal Parks and Recreation Dept. Activity Guides that are issued for any portion of the year that this Agreement is active, generally consistent with the following contained in the Fall 2022 Activities Guide: Submission of copy for the advertisement must be received at the City-established periods for receipt of copy for its seasonal Winter/Spring, Summer and Fall Activity Guides. The content and submission requirements shall be the same as generally applicable to other advertisers within the Activities Guides. For the purpose of clarity and to eliminate any doubt, this Agreement does not include any class or activity listing in the City’s Activity Guides, and the Parks and Recreation Dept. will not register any persons for LORCF’s programs, activities and events, process registration, set the amount of or collect fees, etc. 6. Compensation; Method of Payment A. The consideration to be paid by LORCF for the use of the Subject Property and common area, as described in Section 1, is: i. To the City: $26,000.04per year, payable either in lump-sum within five days after September 7, 2022, and on the yearly anniversary thereafter, or at LORCF’s election, monthly within five days after the seventh of each month, in the amount of $2,166.67 per month . DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 ii. To a LORCF-managed “scholarship” fund: $4,000 per year, deposited in a lump- sum on September 7, 2022, and on the yearly anniversary thereafter. The purpose of the fund is to grant funding to individuals in the Lake Oswego community for LORCF rowing program opportunities. B. Method of Payment i. To the City: LORCF shall pay by check, payable to the City of Lake Oswego and delivered to or received by mail at the Lake Oswego Parks and Recreation Department, P.O. Box 369, Lake Oswego, OR 97034. ii. To the “scholarship” fund: (1). LORCF shall provide verification of allocation of the funds report to City by its internal accounting system by either mail, at the address above, or by email to the City’s contact person stated in Section 9. (2). LORCF shall submit a year-end report to City at each anniversary date how the funds were used. 7. Indemnification; Taxes and Insurance A. Indemnification. i. LORCF shall defend, indemnify, and hold the State of Oregon, by and through its Dept. of State Lands, CITY, its officers, agents and employees, harmless against all liability, loss, or expenses, including attorney's fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including death) to persons or property caused by any act or omission of an act sustained in any way in connection with the use of this Agreement (including by participants from any program offered by LORCF and not required to be offered by this Agreement) or by conditions created thereby, or based upon violation of any statute, ordinance or regulation. This contractual indemnity provision does not abrogate common law or statutory liability and indemnification to State and CITY, but is in addition to such common law or statutory provisions. ii. To the extent permitted by law, CITY shall defend, indemnify, and hold harmless LORCF and its employees, officers, members, volunteers, and agents against all liability, loss or expenses, including attorneys fees, and against all claims, actions, demands, and judgments made or recovered against them for damages to real or tangible personal property or for bodily injury or death to any person arising out of or in connection with this Agreement, to the extent such damage, injury, or death is caused by the negligence or intentionally wrongful act or omission of CITY or its employees, officers, servants, or agents, or participants in programs that are not conducted by LORCF. CITY shall promptly notify LORCF in writing of any such claim or demand to indemnify and shall cooperate with LORCF in a reasonable manner to facilitate the defense of such claim. B. Insurance i. General Liability Insurance Each party shall obtain upon execution of the Agreement, and shall maintain in full force and effect for the term of this Agreement, at the party's expense, a comprehensive general or commercial general liability policy for the protection of the party and the other party, its officers, agents, and employees. If the insurance policy is issued on a “claims made” basis, then LORCF shall continue to obtain and maintain coverage for not less than three years following the completion of the contract. The policy shall be issued by a company authorized to do business in the State of Oregon, protecting the party or anyone directly or indirectly employed by either of them against liability for the loss or damage of personal and bodily injury, contractual liability, death and property damage, and any other losses or damages above mentioned with limits not less than $2,000,000 per occurrence and DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 $3,000,000 in the aggregate, the amounts set forth in the DSL Lease, or the limit of public liability contained in ORS 30.260 to 30.300, whichever is greater The insurance company shall provide the other party with a certificate of insurance and endorsements (1) naming the other party as an additional insured (and for LORCF, additionally naming the State of Oregon, Dept. of State Lands per the DSL Lease) providing that no acts on the part of the insured shall affect the coverage afforded to the above policy, and providing the party will receive 30 days written notice of cancellation or material modification of the insurance contract; and (2) to provide a waiver of subrogation in favor of the other party and all additional insureds. Coverage for “damage to rented premises” for the Subject Property shall be in an amount not less than $684,000 (which amount may be adjusted from time to time to reflect any change in the City’s insurable value of the Subject Property). ii. Equipment; Personal Property Each party acknowledges that the other party is not providing any insurance for loss or damage to the party’s equipment or personal property. C. Taxes; Real Property Exemption Each party shall be responsible for any real property taxes due for its property, to wit: LORCF will be responsible for any taxes due or levied as a result of its use of the Subject Property upon the Subject Property (or other City property as a result of this Agreement), and the City shall be responsible for any real property taxes due for the common use property. Each party believes that it is exempt from real property taxation. The amount to be paid by LORCF for use of the Subject Property is below the market rate for the right of occupancy of the Subject Property and reflects LORCF’s exemption from real property taxation pursuant to ORS Ch. 307. It shall be the obligation of LORCF to file for and obtain real property taxation exemption from the county assessor pursuant to ORS 307.166. 8. Duration; Termination A. Duration; LORCF’s Option to Renew. The duration of this Agreement, unless otherwise renewed pursuant to Subsection B or earlier terminated pursuant to Subsection C below, is three years, to August 31, 2025. LORCF may exercise an option to renew this Agreement upon its same terms and conditions for two additional three-year periods. The exercise of the option to renew shall be automatic unless LORCF gives written notice not less than 60 days prior to the expiration of the original duration, e.g., June 30, 2025, or prior to the expiration of the first renewal period, e.g., June 30, 2028. B. Termination for Convenience i. End of Original or First Renewal Term City may terminate this Agreement for convenience, including when determined in the public interest, at the end of the original or first renewal term by providing notice to LORCF not less than 60 days prior to the expiration of the original or first renewal term, e.g., June 30, 2025; June 30, 2028. (LORCF has reciprocal right of termination for convenience by electing not to renew per Subsection A above.) ii. At Any Time Either party may terminate this Agreement for convenience, including for the City when determined to be in the public interest, at any time by providing written notice to the other not less than 120 days to the other party. In the event of Termination under Subsection B(ii), any paid Compensation under Subsection 6.A.i shall be prorated to a daily rate. The City shall refund to LORCF the prorated amount from the DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 balance of the term not yet used. C. Termination for Cause i. Either party may terminate upon breach of the other party if the other party violates a material provision of this Agreement; provided, however, the other party shall have a period of fourteen (14) days after written notice of violation is given within which to effect a cure to the party’s reasonable satisfaction, or if the violation is such that it cannot be reasonably cured within fourteen (14) days, the other party shall provide evidence to the party that the other party has commenced and will diligently continue efforts to completion to cure the violation; in such event, this Agreement shall continue. ii. If a party becomes insolvent or files for bankruptcy, termination shall be effective upon delivery of notice by a party to the other party, or other such effective date as the party shall state in the notice. iii. The land upon which the Subject Property is located is or will be subject to the terms of a Submerged and Submersible Land Lease between the City and the State of Oregon Division of State Lands. In the event the State gives the City notice of termination, the City shall forthwith (and within 5 business days) provide a copy of the notice of termination to LORCF. This Agreement shall be terminated in the event the City’s lessee rights is terminated by the State. 9. Notice Except as otherwise provided herein, any notice by one party to the other may be given in writing by email, except that a Notice of Termination shall also be given by first class mail: Notice to City: Ivan Anderholm, Parks and Recreation Director ianderholm@ci.oswego. or.us City of Lake Oswego P.O. Box 369 Lake Oswego, OR 97035 Notice to LORCF: Current President president@lorowing.com 255 Foothills Rd. Lake Oswego, OR 97034 Emailed Notices sent between 8 am – 5 pm weekdays (except holidays) shall be deemed received when sent; emailed notices sent during other times shall be deemed received at 8 am on the next regular business (non-holiday) day. Mailed notice shall be deemed received 3 business days after placed in the US Mail, provided however, if actual notice is received earlier, then the notice shall be deemed received when actually known. 10. Miscellaneous Provisions A. Compliance with DSL Lease, Laws, Rules, and Policies. LORCF will observe and abide by all the terms and provisions of the DSL lease in the form attached as Exhibit B applicable to the Subject Property or the land upon the Subject Property is located, and all laws, rules and regulations imposed by any lawful governmental authority and relating in any way to any activity conducted on the premises, and shall require all of its members, guests, and invitees upon the premises to do likewise. [For the sake of clarity, LORCF is not responsible for any monetary obligations of tenant to landlord DSL, including but not limited to any and all moneys owed to DSL or otherwise payable under the DSL lease, including, without limitation, taxes, rent, rent adjustments, assessments, reimbursements, late charges, interest, insurance and bonds.] DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 B. Non-assignment. Owing to the special faith and confidence which each party reposes in the other, this Agreement shall be strictly personal to the parties and shall not be transferable, assignable or otherwise alienable, or any interest therein, and in the event of any attempt to do so, at the option of the non-assigning party, the non-assigning party may terminate this Agreement without further notice. C. Risk of Loss. All risk of loss of LORCF's property shall be that of LORCF. All risk of loss of City’s property shall be that of City. D. As Is. LORCF certifies, acknowledges and agrees that access to and use of the Facility and related area is accepted and executed on the basis of LORCF's own examination and personal knowledge of the premises and personal property, if any, and LORCF's own opinion thereof; all prior negotiations, representations of fact or opinion or agreements relating to said property made by City or any agent thereof upon which LORCF may have relied have been reduced to writing and are included in this agreement, and if not so reduced to writing, are expressly waived, which waiver is a material part of the consideration of the execution of this contract by City. CITY makes no warranties as to the condition of the Subject Property or the common use areas, other than as set out herein. LORCF takes use of the Subject Property AS IS, in the condition existing at the time of commencement of use of the Subject Property. E. Integration. This Agreement represents the full, entire and complete agreement of the parties. Any and all amendments to this Agreement shall be in writing and executed by LORCF and CITY. F. Supersedes and Terminates Existing Jan. 1, 2021 Personal Services Contract The parties previously entered into a Personal Services Contract for Rowing Instruction, Activities and Events at the Subject Property, dated January 1, 2021, which LORCF exercised the option to renew through December 31, 2022. The parties agree that upon the effect date of this Agreement, the Personal Services Contract is mutually terminated and all rights and obligations thereunder shall immediately cease. // // [Signatures on Next Page] DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 IN WITNESS WHEREOF, the undersigned have hereunto executed this Agreement on the date stated below. City of Lake Oswego By: Martha Bennett, City Manager Date Signed: Date Approved by Council: ______, 2022 Lake Oswego Rowing Club Foundation By: Name: Date Signed: Approved as to Form: Evan P. Boone City Attorney Pro Tem Digitally signed by Evan P. Boone DN: cn=Evan P. Boone, o=City of Lake Oswego, ou=City Attorney's Office, email=eboone@ci.oswego.or.us, c=US Date: 2022.11.29 15:17:29 -08'00' DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Rahul Reddy 12/1/2022 Board President EXHIBIT A Facility Charlie S. Brown Water Sports Center area (Boathouse, Canoe House, Docks & Common Area Parking) Common Area Parking Charlie S. Brown Water Sports Center Boathouse, Canoe House, Docks DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 STATE OF OREGON DEPARTMENT OF STATE LANDS SUBMERGED AND SUBMERSIBLE LAND LEASE AGREEMENT _________-ML THIS SUBMERGED AND SUBMERSIBLE LAND LEASE AGREEMENT (this “Agreement”) is made on this ____ day of _______________, 20____ (the “Effective Date”), by and between the State of Oregon, by and through its Department of State Lands (“State”), and ________________________, a _________________________ (“Lessee”). State and Lessee are each a “Party” and together the “Parties.” STATE OF OREGON DEPARTMENT OF STATE LANDS AMENDED AND RESTATED SUBMERGED AND SUBMERSIBLE LAND LEASE AGREEMENT _________-ML THIS AMENDED AND RESTATED SUBMERGED AND SUBMERSIBLE LAND LEASE AGREEMENT (this “Agreement”) is made on this ____ day of _______________, _________ (the “Effective Date”), by and between the State of Oregon, by and through its Department of State Lands (“St ate”), and ______________________________, a _________________________ (“Lessee”). State and Lessee are each a “Party” and together the “Parties.” This Agreement is an amendment to and restatement of that certain Submerged and Submersible Land Lease _____________-ML, dated _________________, _____________, by and between State and Lessee. STATE OF OREGON DEPARTMENT OF STATE LANDS AMENDED AND RESTATED SUBMERGED AND SUBMERSIBLE LAND LEASE AGREEMENT _________-ML Exhibit B DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 2 of 28 THIS AMENDED AND RESTATED SUBMERGED AND SUBMERSIBLE LAND LEASE AGREEMENT (this “Agreement”) is entered into effective as of this ____ day of _______________, _________ (the “Effective Date”), by and between the State of Oregon, by and through its Department of State Lands (“State”), and ______________________________, a _________________________ (“Lessee”). State and Lessee are each a “Party” and together the “Parties.” This Agreement is an amendment to and restatement of that certain Submerged and Submersible Land Lease _____________-ML, dated _________________, _____________, by and between State and Lessee. 1. PREMISES On the terms and conditions set forth in this Agreement, State hereby leases to Lessee certain lands situated in ________________ County (the “Premises”), more fully described as follows and as shown on Exhibit A: [Insert legal description of Premises] Total number of acres: ____ acres, more or less. This description is used to establish the approximate location and extent of the area subject to this Department of State Lands authorized use and was not prepared by a licensed surveyor. All locations, bearings, and distances were developed in the Oregon Coordinate Reference System Standard; Oregon Statewide Lambert Conformal Conic, NAD 1983, International Feet, GRS 1980 Spheroid. 2. TERM 2.1 Term. The term of this Agreement is a period of _____ years (the “Initial Term”), commencing on __________________ (the “Commencement Date”) and expiring on ____________________, unless terminated earlier as provided in this Agreement. As used in this Agreement, “Term” means the Initial Term or any Renewal Term (as defined in Section 2.2 below). 2.2 Renewal Terms. Lessee may apply to renew this Agreement for consecutive fifteen (15) year terms (each a “Renewal Term”) by submitting a completed lease renewal application form to State at least one hundred eighty (180) days prior to the expiration of the then-current Term. Upon timely receipt of the application, State shall renew this Agreement unless: 2.2.1 State determines, in its sole discretion, that Lessee has not complied with the terms of this Agreement, the applicable statutes or Oregon Administrative DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 3 of 28 Rules (“OARs”); or 2.2.2 State determines that the renewal of this Agreement for all or any portion of the Premises would be contrary to federal, state or local law, or would be inconsistent with the policies set forth in OAR 141-082-0260. 2.3 Notice of Intent Not to Renew. Except as otherwise provided in this Agreement, State shall provide written notice to Lessee at least twenty-four (24) months in advance if State intends not to renew this Agreement for all or any portion of the Premises. If State determines not to renew this Agreement, but less than twenty-four (24) months remain in the Term of this Agreement, State shall, at Lessee’s request, extend the Term of this Agreement to complete the twenty-four (24) month notice period, within which time Lessee shall vacate that portion of the Premises for which this Agreement is not being renewed, and relocate any sublessees (as may be allowed pursuant to Section 7 below) in an orderly fashion. 2.4 Holdover. If Lessee does not vacate the Premises at the expiration or earlier termination of this Agreement, State may treat Lessee as a tenant from month to month, subject to all of the provisions of this Agreement except the provisions for term, renewal, and Rent. State may unilaterally establish a new Rent amount for the month-to-month tenancy, payable monthly in advance. If a month-to-month tenancy results from holdover by Lessee under this Section 2.4, the tenancy will be terminable at the end of any monthly rental period upon notice from State given at least thirty (30) days prior to the termination date specified in the notice. 3. RENT; OTHER ASSESSMENTS 3.1 Initial Rent. The annual rental payment to be paid by Lessee to State (the “Rent”) for the first year of this Agreement is $Dollar Amount, based on the following rate: Flat Rate. State hereby acknowledges receipt of the first year’s Rent. Use Class Area (square ft.) Rate Choice Annual Rent (a) Commercial Marina/Moorage square feet Flat Rate, Minimum Applies $ (b) Commercial Marina/Moorage square feet Flat Rate, Minimum Applies $ (c) Commercial Marina/Moorage square feet Flat Rate, Minimum Applies $ TOTAL $ 3.2 Rent Adjustment. After the first year of the Initial Term, the Rent will be adjusted annually in accordance with the provisions of OAR 141-082-0305 in effect at the time. Each Rent payment is due on the anniversary of the Commencement Date. 3.3 Address for Rent Payments. Unless State provides notice of a change in address pursuant to the notice requirements of Section 10.2 below, Lessee shall deliver all Rent and other payments due hereunder to State at the address set forth beneath State’s signature on this Agreement. DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 4 of 28 3.4 Assessments. Lessee shall pay all taxes and assessments that are levied against the Premises, whether such taxes or assessments have been levied in the past against the Premises or State by the assessing agency. 3.5 Late Charges and Interest. If Lessee has not made full payment of amounts due within twenty (20) days of the date payment is due, Lessee shall pay an additional charge equal to five percent (5%) of the amount of the late Rent or other charge. In addition, all amounts due and owing under this Agreement, including late charges, shall bear interest at the lower of: (1) the highest interest rate allowable by law; or (2) 12% per year. 4. USE 4.1 Authorized Use. This Agreement grants to Lessee the right to use the Premises for the specific purpose(s) described below in accordance with the terms and conditions of this Agreement, applicable federal, state and local laws (including local land use planning and zoning ordinances) and the OARs. Fully Describe & list uses authorized DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 5 of 28 4.1A OSMB Annual Boat Report. Check if applicable: _____ (applicable only when use type under the Agreement is designated as commercial marina/moorage and Section 4.1A is selected) 4.1A.1 On or before February 1 of every year during the Term of this Agreement, Lessee shall deliver to the Oregon State Marine Board (“OSMB”) a completed “OSMB Annual Boat Report” in the form shown on Exhibit D (or in a document that includes all of the information required in such form). The completed OSMB Annual Board Report shall provide the required information for each and every boat that, during December of the previous calendar year, was: moored or used on the Premises; or related to the use of the Premises for commercial marina/moorage (including any boat owned, used, leased or operated by Lessee). 4.1A.2 A failure to timely deliver a completed OSMB Annual Boat Report to OSMB as required by this Section 4.1A may constitute a Lessee default under this Agreement, as set forth in Section 9.1.2 below. 4.2 Superfund Site. Check if applicable: _____ 4.2.1 Lessee understands and acknowledges that the Premises are located within the _________________________________ Superfund Site (the “Superfund Site”). The authorized use of the Premises as allowed under Section 4.1 above does not include any activities or operations that unreasonably interfere with the performance of Remedial Work on the Superfund Site, including the area of the Superfund Site within the Premises, pursuant to an order issued by the United states Environmental Protection Agency (EPA) or the Oregon Department of Environmental Quality (“DEQ”), whether issued to Lessee or another party. As used in this Section 4.2, “Remedial W ork” includes work related to investigation, removal and remedial action for the Superfund Site. 4.2.2 Lessee shall conduct all operations on the Premises in a manner that does not interfere with the performance of the Remedial Work, and shall comply with any obligations of a party in control of the Remedial Work Area, including, without limitation, those related to the provision of access for the Remedial Work. 4.3 Restrictions on Use. Lessee shall: 4.3.1 comply with all applicable federal, state and local laws and regulations affecting the Premises and its use, including local comprehensive land use planning and zoning ordinances, and correct at Lessee’s own expense any failure of compliance created through Lessee’s fault or by reason of Lessee’s use; DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 6 of 28 4.3.2 dispose of all waste in a proper manner and not allow debris, garbage or other refuse to accumulate within the Premises, and, if Lessee allows debris, garbage or other refuse to accumulate within the Premises, allow State to remove the debris, garbage and other refuse, and collect the cost of such removal from Lessee; 4.3.3 not cut, destroy or remove, or permit to be cut, destroyed or removed, any vegetation that may be upon the Premises except with written permission of State, and promptly report to State the cutting or removal of vegetation by other persons; 4.3.4 conduct all operations within the Premises in a manner which conserves fish and wildlife habitat, protects water quality, and does not contribute to soil erosion or the growth of noxious weeds; 4.3.5 maintain all buildings, docks, pilings, floats, gangways, similar structures, or other improvements (each an “Improvement”) in a good state of repair; and 4.3.6 not unreasonably interfere with the public’s trust rights of commerce, navigation, fishing or recreation. 4.4 Condition of Premises and Improvements. Lessee represents that it has inspected the Premises and Improvements, if any, and accepts the Premises and all Improvements in their present condition, AS IS, as of the Effective Date. State has made no oral or written representations concerning the condition of the Premises or its Improvements, if any, nor their fitness or suitability for any purpose. 4.5 Improvements by Lessee. Lessee may not construct or place upon the Premises any Improvement that exceeds $15,000 in cost or value unless Lessee has first obtained the prior written authorization of State, or the Improvement is exempt under OAR 141-082-0265. All Improvements shall be consistent with the authorized use(s) of this Agreement stated in Section 4.1 above and in compliance with all applicable laws, regulations, and ordinances as stated in Section 4.3.1 above. State shall not unreasonably withhold or delay its approval for Improvements. 4.6 Removal of Unauthorized Improvements. Lessee shall remove all unauthorized Improvements from the Premises upon receiving notice from State, unless State elects to remove the Improvements at Lessee’s cost and expense. 4.7 Removal of Authorized Improvements. Lessee shall remove all authorized Improvements within ninety (90) days after the expiration or earlier termination of this Agreement or modification of this Agreement under Section 5.2 below, unless otherwise agreed by the Parties or the Improvement is exempt under OAR 141-082-0265. Lessee is responsible for any damage done to the Premises as a result of the removal of any Improvement. Any Improvement remaining on the Premises after the ninety (90) days DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 7 of 28 shall, at the option of State, become the property of State, unless otherwise agreed by the Parties. 4.8 Liens. With the exception of mortgages or other security interests allowed by State under Section 7 below, Lessee shall immediately cause to be discharged any lien or other charge placed on the Premises or its Improvements, arising directly or indirectly out of Lessee’s actions. State may terminate this Agreement if Lessee fails to discharge any lien or charge or provide State with a sufficient bond covering the full amount of the lien after ten (10) days’ notice to do so by State. Lessee shall pay and indemnify State for all costs, damages or charges of whatsoever nature, including attorneys’ fees, necessary to discharge such liens or charges whether the costs, damages or charges are incurred prior or subsequent to any termination of this Agreement. 4.9 Indemnification. Lessee shall defend, indemnify and hold State harmless from and against all claims, demands, actions, suits, judgment, losses, damages, penalties, fines, costs, and expenses, including expert witness fees and costs and attorneys’ fees in an administrative proceeding, at trial, or on appeal (“Claims”) arising from or attributable, in whole or in part, to this Agreement or any operations conducted or allowed by Lessee on the Premises. As used in this Section 4.9 only, “State” means the State of Oregon and its boards, commissions, agencies, officers, employees, contractors, and agents. Lessee shall have control of the defense and settlement of any Claim; however, neither Lessee nor any attorney engaged by Lessee shall defend the Claim in the name of the State of Oregon, nor purport to act as legal representative of State, without the approval of the Attorney General, nor shall Lessee settle any Claim on behalf of State without the approval of the Attorney General. State may, at its election and expense, assume its own defense and settlement in the event that State determines that Lessee is prohibited from defending State, that Lessee is not adequately defending State’s interests, o r that an important governmental principle is at issue and State desires to assume its own defense. 4.10 Waste Water Disposal. In addition to any other applicable laws and regulations, Lessee shall obtain any permits required by state or local authorities and shall comply with DEQ and OSMB requirements for sewage collection and waste water disposal for boats and floating structures. 4.11 Hazardous Substances. 4.11.1 Lessee shall not use, store, or dispose of, or allow the use, storage, or disposal within the Premises of any material that may pose a threat to human health or the environment, including, without limitation, hazardous substances, pesticides, herbicides, or petroleum products (a “Hazardous Substance”) except in strict compliance with applicable laws, regulations and manufacturer’s instructions, and Lessee shall take all necessary precautions to protect human health and the environment and to prevent the release of any Hazardous Substance on or from the Premises. DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 8 of 28 4.11.2 Lessee shall keep and maintain accurate and complete records of the amount of all Hazardous Substances stored or used on the Premises, and shall immediately notify State of any release or threatened release of any Hazardous Substance on or from the Premises or otherwise attributable to operations or activities on the Premises. 4.11.3 If any Hazardous Substance is released, and the release arises from or is attributable, in whole or in part, to any operations conducted or allowed by Lessee on the Premises, Lessee shall promptly and fully remediate the release in accordance with state and federal regulations and requirements. If Lessee fails to so remediate, State may remove and remediate any release of a Hazardous Substance on or from the Premises or attributable to operations or activities conducted or allowed by Lessee on the Premises and collect the cost of removal or remediation from Lessee either as additional Rent or as damages. 4.11.4 In addition to any duty to indemnify specified elsewhere in this Agreement, Lessee shall indemnify State to the fullest extent allowed by Oregon law against any claim or costs arising from or related to a release of a Hazardous Substance arising from or attributable, in whole or in part, to any operations conducted or allowed by Lessee on the Premises. 4.12 Weed Control. Lessee shall control plant pests and diseases and noxious weeds, including aquatic weeds, within the Premises as directed by the local county weed control district, the Oregon Department of Agriculture or any other governmental authority which has authority for the prevention or control, or both, of noxious weeds, plant pests or diseases, or as may be authorized or directed by State. 4.13 Nondiscrimination. The Premises shall be used in a manner, and for such purposes, that assure fair and nondiscriminatory treatment of all persons without respect to race, creed, color, religion, handicap, disability, age, gender, or national origin. 5. MODIFICATION OF PREMISES SIZE OR USE 5.1 Change of Size or Use of Premises. Lessee may, using a form provided by State, request that State amend this Agreement to expand or reduce the size, or change the authorized use, of the Premises. No such amendment will be effective unless authorized in writing by State. State shall process and review requests to amend this Agreement in the same manner as a new lease application. 5.2 Special Conditions Applicable to Reductions in Premises Size. This Agreement may be amended to reduce the Premises size only if the portion of the Premises to be removed from this Agreement does not contain any Improvement. If the amendment results in a reduction of Rent due under this Agreement, the reduction will be effective commencing on the anniversary of the Commencement Date that falls at least twelve DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 9 of 28 (12) months after the later of: (1) the date of the reduction in the Premises size; or (2) the date on which the amendment is fully executed. 5.3 Lessee Liable for Violations. Notwithstanding any reduction in the Premises size under this Section 5, Lessee shall remain liable for any violation of Section 4.9 or 4.10 above occurring on lands removed from the Premises prior to the amendment removing such lands. 6. RESERVATIONS BY STATE 6.1 Entry; Lessee Records. State may enter the Premises at all reasonable times in order to inspect and manage State’s interest in the Premises, and to evaluate and ensure Lessee’s compliance with the terms and conditions of this Agreement. Additionally, State may examine pertinent records of Lessee for the purpose of ensuring compliance with this Agreement. 6.2 Minerals. State reserves all rights to coal, oil, gas, geothermal resources and other minerals, and all deposits of clay, stone, gravel and sand valuable for building, mining, or commercial purposes including, without limitation, the right to explore, mine, develop, produce and remove such minerals and other deposits, along with the right of ingress and egress for these purposes, and to terminate this Agreement as to all or any portion of the Premises when required for these purposes with one hundred twenty (120) days prior written notice to Lessee or as otherwise provided by law. 6.3 Easements. State reserves the right at any time to grant easements across the Premises for tunnels, telephone and fiber optic cable lines, pipelines, power lines, or other lawful purpose, along with the right of ingress and egress for these purposes, subject to the inclusion in any such grant of easement of a requirement that the easement holder take all reasonable precautions to ensure that exercise of their easement rights does not unreasonably interfere with Lessee’s use(s) authorized in this Agreement. 6.4 Public Access and Recreational Use. All state-owned submerged and submersible land shall remain available and open to the public for commerce, navigation, fishing and recreation unless restricted or closed by State to public entry pursuant to the provisions of applicable OARs. Lessee may request State, but State is not obligated, to close the Premises to public entry or restrict recreational use by the public on all or portions of the Premises to protect persons or property from harm arising from or in connection with Lessee’s activities. This reservation does not grant the public any right to use or occupy, without Lessee’s permission, Lessee-owned property or structures authorized under this Agreement. 6.5 Other. State reserves all other rights not expressly granted to Lessee under this Agreement. DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 10 of 28 7. ASSIGNMENTS AND SUBLETTING 7.1 Assignments and Subleases. 7.1.1 Except as provided in Section 7.2 below, Lessee may not assign this Agreement, sublease the Premises or any portion of the Premises, or enter into any third-party agreement respecting this Agreement or the Premises, without first obtaining the prior written consent of State pursuant to the requirements of the applicable OARs. Requests shall be in writing using an application form prescribed by State, and delivered to State at least thirty (30) days prior to the proposed effective date of the sublease or assignment. State shall make a good faith effort to complete its review of Lessee’s application within thirty (30) days following receipt. If the application is incomplete, or if State requests additional information concerning the proposed assignment or sublease, the time period for reviewing applications may be extended and the proposed sublease or assignment may be delayed pending the completion of such review. 7.1.2 State reserves the right to condition its consent to an assignment or sublease as State deems reasonably prudent, including the right to require changes to the terms of this Agreement. Each assignee, sublessee, and third- party interest will be required to comply with all of Lessee’s obligations under this Agreement, and the applicable OARs. Lessee shall remain liable for the performance of all obligations under this Agreement unless State’s written consent expressly releases Lessee from further liability. 7.1.3 For the purposes of this Section 7.1.3, if Lessee is a corporation, partnership or limited liability company, the transfer of any corporate stock or partnership or membership interest (including by operation of law) will be deemed an assignment subject to the provisions of this Section 7.3.1 if the result of the transfer is a change of management control or controlling interest in Lessee. 7.1.4 Lessee may not grant a mortgage or security interest in this Agreement without prior written consent of State, which consent shall not be unreasonably withheld. Any subsequent assignment by the mortgagee or security interest holder shall require the prior written approval of State. 7.2 Permitted Assignments and Subleases. Notwithstanding the provisions of Section 7.1 above, the following assignments, mortgages and security interests, and subleases of Lessee’s interest in the Premises are permitted and written notice to State is not required: 7.2.1 subleases of portions of Lessee’s interest in the Premises in the ordinary course of Lessee’s business for the authorized use pursuant to Section 4.1 above; DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 11 of 28 7.2.2 the sublease of the entire Premises for a term that is less than twelve (12) months, for the authorized use pursuant to Section 4.1 above; or 7.2.3 the transfer of Lessee’s interest in this Agreement to a surviving spouse or immediate family member following the death of Lessee; except that, any other transfer of ownership following the death of Lessee is considered an assignment requiring State’s approval. 8. INSURANCE; BONDS 8.1 Insurance. During the Term of this Agreement, Lessee shall maintain the insurance coverage required by Exhibit B. 9. DEFAULT 9.1 Default. The following are events of default under this Agreement: 9.1.1 Failure of Lessee to pay any Rent, tax, reimbursement or other charge or payment due under this Agreement within twenty (20) days after the date payment is due. For the purposes of this Section 9.1.1, if the due date for payment is not otherwise stated in this Agreement or otherwise defined in statute or the OARs, payment is due on the date set forth in the notice from State to Lessee informing Lessee of its obligation to make such payment. 9.1.2 Failure to comply with non-payment-related term of condition of this Agreement within thirty (30) days after notice by State specifying the nature of the deficiency, or, in the event of an emergency, within the time specified by State to resolve the emergency. Upon timely request from Lessee, State may, in its reasonable discretion, permit the deadline for curing noncompliance to be extended if it finds that: (a) the noncompliance cannot reasonably be cured within the 30-day period; (b) the interests of State will not be harmed by an extension; (c) the noncompliance was not due to the willful act or gross negligence of Lessee; and (d) State and Lessee agree upon a written plan and timeline for curing the noncompliance. 8.2 Bond. State reserves the right to require Lessee to furnish to State a surety bond or an equivalent cash deposit or certificate of deposit, in an amount to be determined by State in the exercise of its reasonable discretion, which names the State of Oregon as co-owner to ensure that Lessee performs in accordance with all terms and conditions of this Agreement. 8.2 Bond. Lessee shall furnish to State a surety bond, in the amount and on the terms set forth on Exhibit C. DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 12 of 28 9.1.3 Any of the following: (a) insolvency of Lessee; (b) the filing by Lessee of a voluntary petition in bankruptcy; (c) an adjudication that Lessee is bankrupt or the appointment of a receiver of the properties of Lessee; (d) the filing of any involuntary petition of bankruptcy and failure of Lessee to secure a dismissal of the petition within thirty (30) days after filing; or (e) attachment of or the levying of execution on the Premises interest and failure of Lessee to secure discharge of the attachment or release of the levy of execution within ten (10) days. If Lessee consists of two or more individuals or business entities, the events of default specified in this Section 9.1 apply to each individual or entity unless within ten (10) days after an event of default occurs, the remaining individuals or entities produce evidence satisfactory to State that they have unconditionally acquired the interest of the one causing the default. If this Agreement has been assigned under Section 7 above, the events of default specified in this Section 9.1 apply only with respect to the one then exercising the rights of Lessee under this Agreement. 9.1.4 Notwithstanding the foregoing, if State in good faith believes that a material default has occurred which may imperil State’s rights in the land or the discharge of its Constitutional obligations with respect to the land, State may declare an immediate default without any right of Lessee to cure the deficiency. 9.2 Termination of Occupancy Upon Default. State may terminate Lessee’s right to occupy the Premises for any default by Lessee that remains uncured past the time provided in Section 9.1 above. State shall exercise its right to terminate Lessee’s occupancy under this Section 9.2 by providing notice to Lessee of the default and of State’s intent to terminate Lessee’s right of occupancy under this Agreement upon the date provided in the notice. State may recover from Lessee all costs arising out of State’s re-entry and re-letting the Premises. If State and Lessee agree to terminate this Agreement, State may recover the amount of unpaid rent that otherwise would have been required to be paid under this Agreement from the date of default until a new lease has been secured or, if State and Lessee do not agree to terminate this Agreement and State is unable to secure another lessee for the Premises, until such time as this Agreement expires. Lessee shall dispose of all Improvements as specified in Section 4.6 or 4.7 above. If Lessee owns a floating home and has placed the home on the Premises as an authorized use pursuant to Section 4.1 above, the lease termination provisions of ORS Chapter 90 shall apply to the extent the provisions of this Agreement are inconsistent therewith. DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 13 of 28 9.3 State’s Right to Cure Defaults. 9.3.1 If Lessee fails to perform any obligation under this Agreement, State may perform the obligation of this Agreement thirty (30) days after providing notice to Lessee. All of State’s expenditures to carry out the obligation shall be reimbursed by Lessee on demand with interest at the rate of one percent (1%) per month accrued from the date of expenditure by State. 9.3.2 Notwithstanding Section 9.3.1 above, but subject to ORS Chapter 90 if applicable, if any violation of a term or condition of this Agreement, including, without limitation, use of the Premises in a manner not permitted under this Agreement, is causing or threatens to cause personal injury or damage to the Premises or other property, or if damage to the Premises arises from some other cause, State may immediately enter upon the Premises and take such action as it deems necessary to stop the use or mitigate the injury or damage. If the injury or damage is due to a violation of the terms or conditions of this Agreement, Lessee will be liable for all costs incurred by State as a result of the violation and the action taken by State to mitigate the injury or damage. State, at its option, may send notice to Lessee of the violation and, upon receipt of the notice, Lessee shall immediately cease the violation and repair the injury or correct all damage caused by the violation. State’s failure to provide notice of a violation may not be deemed a waiver of the violation by State or authorization to Lessee to continue or fail to correct the violation. 9.4 Right to Sue More Than Once. State may sue periodically to recover damages accrued to date, and no action for damages shall bar later actions for damages subsequently accruing. 9.5 Remedies Cumulative. The remedies contained in this Agreement are in addition to, and do not exclude, any other remedy available at law or in equity, and the exercise by either Party of any one or more of its remedies does not preclude the exercise by it at the same or different times of any other remedies for the same default or breach by the other Party. 10. NOTICES 10.1 Addresses. A Party’s address means the address set forth below that Party’s signature on this Agreement. State may notify Lessee of a different address for payments of any Rent or other amounts due to State under this Agreement. Any notices, demands, deliveries or other communications required under this Agreement shall be made in writing and delivered by one of the methods set forth in Section 10.2 below to a Party’s address, unless one Party modifies its Address by notice to the other Party, given in accordance with Section 10.2 below. 10.2 Delivery. DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 14 of 28 Method of delivery When notice deemed delivered In person (including by messenger service) the day delivered, as evidenced by signed receipt Email or Fax the day sent (unless sent after 5:00 p.m., P.T., in which case the email or fax shall be deemed sent the following business day) US Mail (postage prepaid, registered or certified, return receipt requested) the day received, as evidenced by signed return receipt Courier delivery (by reputable commercial courier) the day received, as evidenced by signed receipt If the deadline under this Agreement for delivery of a notice is a Saturday, Sunday or federal or State of Oregon holiday, such deadline shall be deemed exte nded to the next business day. 11. MISCELLANEOUS 11.1 Time is of the Essence. Time is of the essence in relation to the Parties’ performance of any and all of their obligations under this Agreement. 11.2 Calculation of Days. Any reference in this Agreement to “days” shall mean calendar days, unless specified as “business days.” A business day is any day that is not a Saturday, Sunday or a federal or State of Oregon holiday. 11.3 Consent. Unless otherwise specifically stated herein, any consent by a Party shall not be unreasonably withheld, conditioned or delayed. 11.4 Integration. This Agreement constitutes the entire agreement between the Parties on the subject matter hereof. The Parties have no understandings, agreements or representations, oral or written, regarding this Agreement that are not specified herein. 11.5 Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties. 11.6 No Waiver of Performance. No waiver by a Party of performance of any provision of this Agreement by the other Party shall be deemed a waiver of nor prejudice the other Party’s right to otherwise require performance of the same provision, or any other provision. 11.7 Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if this Agreement did not contain the DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 15 of 28 particular term or provision held to be invalid. 11.8 Counterparts. This Agreement and any amendments hereto may be executed in two or more counterparts, each of which is an original, and all of which together are deemed one and the same document, notwithstanding that both Parties are not signatories to the same counterpart. 11.9 Governing Law; Consent to Jurisdiction. This Agreement is governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim or action between State (or any other agency or department of the State of Oregon) and Lessee that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the jurisdiction of the Circuit Court of Marion County in the State of Oregon. In no event shall this Section 11.9 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any court. Each Party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue and waives any claim that such forum is an inconvenient forum. 11.10 Force Majeure. A Party shall not be liable for any delay in performance under this Agreement, other than payment of any money to the other Party, if such delay is caused by strikes, lockouts, riots, floods, explosions, earthquakes, tornados, storms, wars, acts of public enemies, insurrections, acts of God, shortages of labor or materials or any other such causes not within the control of the first Part y. 11.11 No Partnership. State is not a partner nor in a joint venture with Lessee in connection with any activities relating to this Agreement or the Premises, and State has no obligation for Lessee’s debts or other liabilities. 11.12 Binding on Successors. This Agreement is binding on and shall inure to the benefit of the successors and assigns of the Parties, but nothing in this Section 11.12 may be construed as a consent by State to any disposition or transfer of this Agreement or any interest in it by Lessee except as otherwise expressly provided in this Agreement. 11.13 Exhibits. The Exhibits listed below are incorporated as part of this Agreement: Exhibit A: Premises Exhibit B: Insurance Requirements Exhibit C: Bond Requirements Exhibit D: OSMB Annual Boat Report Template Approved by DOJ on October 14, 2021 [remainder of page intentionally left blank] DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 16 of 28 Each person signing this Agreement below on behalf of a Party represents and warrants that he or she is duly authorized by such Party and has legal capacity to do so. STATE: The State of Oregon, by and through its Department of State Lands Signature: Date: Name: Title: Address: Street: 775 Summer St. NE, Suite 100 City/State/ZIP: Salem, OR 97301 ATTN: Proprietary Coordinator Email: support.services@dsl.oregon.gov DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 17 of 28 LESSEE: , a Signature: Date: Name: Title: Address: Street: City/State/ZIP: ATTN: , or successor Email: DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 18 of 28 CERTIFICATE OF COMPLIANCE WITH OREGON TAX LAWS By signature on this Agreement for Lessee, the undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of Lessee and that Lessee is, to the best of the undersigned’s knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS 320.005 to 320.150 (Amusement Device Taxes), 403.200 to 403.250 (Tax For Emergency Communications), 118 (Inheritance Tax), 314 (Income Tax), 316 (Personal Income Tax), 317 (Corporation Excise Tax), 318 (Corporation Income Tax), 321 (Timber and Forest Land Taxation) and 323 (Cigarettes And Tobacco Products) and the elderly rental assistance program under ORS 310.630 to 310.706 and any local taxes administered by the Department of Revenue un der ORS 305.620. Signature: Date: Name: Title: DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 19 of 28 EXHIBIT A Premises DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 20 of 28 EXHIBIT B Insurance Requirements (Any capitalized terms used but not defined in this Exhibit shall have the same meaning as in the Agreement to which this Exhibit is attached.) During the Term of the Agreement, Lessee shall maintain in force, at its own cost and expense and in accordance with Section 5 below, each insurance item noted below, 1. Workers’ Compensation (Required if Lessee has one or more workers, as defined by ORS 656.027) All employers, including Lessee, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide workers’ compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Lessee shall require and ensure that each of its sublessees (if permitted) complies with these requirements. 2. Commercial/General Liability Coverage Required by State Not required by State Commercial/General Liability coverage, insuring against claims for bodily injury, death and property damage. Coverage shall include contractual liability coverage for the indemnity provided under the Agreement. The commercial/general liability insurance coverages required under the Agreement shall include the State of Oregon and its agencies, departments, divisions, commissions, branches, officers, employees, and agents as additional insureds (See Section 5 below). Lessee shall provide proof of liability or commercial general liability insurance in not less than the following amounts: Bodily Injury/Death: $1,000,000/$2,000,000 combined single limit per occurrence/aggregate limit for all claims per occurrence. or $2,000,000/$4,000,000 combined single limit per occurrence/aggregate limit for all claims per occurrence. or $ DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 21 of 28 3. Marine Protection and Indemnity Coverage Required by State Not required by State Lessee shall obtain, at Lessee’s expense, and keep in effect during the Term of the Agreement, marine protection and indemnity coverage. Shall not be less than $ . 4. Pollution Liability Required by State Not required by State Lessee shall obtain at Lessee’s expense, and shall keep in effect during the Term of the Agreement, pollution liability insurance covering Lessee’s liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related cleanup costs incurred by Lessee, all arising out of Lessee’s lease of the Premises. Shall not be less than $ 5. General Requirements (a) “Tail” Coverage. If any of the required liability insurance is on a “claims made” basis, Lessee shall maintain either “tail” coverage or continuous “claims made” liability coverage, provided the effective date of the continuous “claims made” coverage is on or before the effective date of the Agreement, for a minimum of twenty-four (24) months following the termination or expiration of the Agreement. (b) Certificates of Insurance. As evidence of the insurance coverages required by the Agreement, Lessee shall furnish acceptable insurance certificates to State prior to commencing any work to be performed under the Agreement. The certificate shall specify all of the parties who are additional insureds. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to State. Lessee shall pay for all deductibles, self -insured retention and self-insurance. (c) Additional Insureds. Any coverage required by this Exhibit, except for Workers’ Compensation, shall include the State of Oregon, and its agencies, departments, divisions, commissions, branches, officers, employees, and agents as additional insureds, but only with respect to Lessee’s activities to be performed under the Agreement. Coverage shall be primary and non- contributory with any other insurance and self-insurance. DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 22 of 28 (d) Change in coverage or cancellation. Lessee shall notify Lessor when a change in coverage or cancellation occurs. Lessee shall provide Lessor copies of new coverage upon effect of change. Lessee shall maintain the required insurance coverage over the Term of the Agreement. DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 Submerged and Submersible Land Lease Agreement (______-ML) Page 23 of 28 EXHIBIT C Bond Requirements (if applicable) DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 EXHIBIT D OSMB Annual Boat Report (applicable only when use type under the Agreement is designated as commercial marina/moorage and Section 4.1A is selected) On or before February 1 of every year during the Term of the Agreement, Lessee shall complete this form (or prepare a document that includes all of the information required by this form) and deliver it to the Oregon State Marine Board (“OSMB”) at the address set forth below. A failure to complete this form and deliver it to OSMB may constitute a Lessee default under the Agreement. DELIVER TO: Oregon State Marine Board Attn: Environmental & Policy Program 435 Commercial St. NE, Unit 400 Salem, Oregon 97301 OR Oregon State Marine Board Email: marine.board@boat.oregon.gov (in email subject line, type “Environmental and Policy Section”) Reporting Year: December 20______ Lessee under Lease with Oregon Department of State Lands: Name: DSL Lease #: _________-ML Moorage/Marina: Marina Name: Marina Location: By signing below, Lessee certifies to the Oregon State Marine Board that the following is a complete list of each and every boat that, during December of the previous calendar year, was moored or used on the Premises, or related to the use of the Premises for commercial marina/moorage (including any boat owned, used, leased or operated by Lessee): LESSEE: , a(n) (entity/lessee printed name) (entity type) Signature: Date: Title: DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 List of Boats and Boat Information Submerged and Submersible Land Lease Agreement (______-ML) Page 25 of 28 Boat I.D. Number (State Certificate Number, HIN, or USCG #) Sticker Expiration Date Slip Number Name of Responsible Party for Boat Responsible Party’s Contact Information (mailing address, phone number and email address) Mailing Address: Phone Number: Email Address: Mailing Address: Phone Number: Email Address: Mailing Address: Phone Number: Email Address: DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 List of Boats and Boat Information Submerged and Submersible Land Lease Agreement (______-ML) Page 26 of 28 Boat I.D. Number (State Certificate Number, HIN, or USCG #) Sticker Expiration Date Slip Number Name of Responsible Party for Boat Responsible Party’s Contact Information (mailing address, phone number and email address) Mailing Address: Phone Number: Email Address: Mailing Address: Phone Number: Email Address: Mailing Address: Phone Number: Email Address: DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 List of Boats and Boat Information Submerged and Submersible Land Lease Agreement (______-ML) Page 27 of 28 Boat I.D. Number (State Certificate Number, HIN, or USCG #) Sticker Expiration Date Slip Number Name of Responsible Party for Boat Responsible Party’s Contact Information (mailing address, phone number and email address) Mailing Address: Phone Number: Email Address: Mailing Address: Phone Number: Email Address: Mailing Address: Phone Number: Email Address: DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 List of Boats and Boat Information Submerged and Submersible Land Lease Agreement (______-ML) Page 28 of 28 Boat I.D. Number (State Certificate Number, HIN, or USCG #) Sticker Expiration Date Slip Number Name of Responsible Party for Boat Responsible Party’s Contact Information (mailing address, phone number and email address) Mailing Address: Phone Number: Email Address: Mailing Address: Phone Number: Email Address: Mailing Address: Phone Number: Email Address: (add additional pages as necessary) DocuSign Envelope ID: 8852DF2B-A5EC-4DC0-AB0D-5D7F2E2DC5A3 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Ordinance 2917, Annual Updates for Non-CDC Code Provisions (2022) Meeting Date: December 20, 2022 Report Date: December 11, 2022 Staff Member: Evan Boone and representatives of City Manager’s Office, Planning and Fire Departments Department: City Attorney’s Office Action Required Advisory Board/Commission Recommendation ☐ Motion ☐ Approval ☐ Public Hearing ☐ Denial ☒ Ordinance ☐ None Forwarded ☐ Resolution ☒ Not Applicable ☐ Information Only Comments: ☐ Council Direction ☒ Consent Agenda Staff Recommendation: Second Reading of Ordinance 2917 by title only: “An Ordinance of the Lake Oswego City Council Clarifying, Revising, and Updating Various Provisions of the Lake Oswego Code (Other Than LOC Chapter 50)(2022),” and enact Ordinance 2917. Recommended Language for Motion: Move that the second reading of Ordinance 2917 by title only: “An Ordinance of the Lake Oswego City Council Clarifying, Revising, and Updating Various Provisions of the Lake Oswego Code (Other Than LOC Chapter 50)(2022)” be enacted. Project / Issue Relates To: N/A Issue before Council (Highlight Policy Question): ☐Council Goals/Priorities ☐Adopted Master Plan(s) ☒Not Applicable BACKGROUND This is an annual update of the Lake Oswego Code chapters other than LOC Ch. 50 Community Development Code (CDC) to clarify and revise various code sections. These amendments are proposed by various departments in on-going effort to update the code and make regulations 6.2 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY more usable for residents and City staff. (Updates to the CDC are brought to the Council separately by the Planning Department through the land use legislative public hearing process.) The proposed Code amendments are combined into a single Ordinance for public and Council review. No prior study session was held before the Council. On December 6, the Council removed the code amendment relating to LOC 12.02.060 Council Expense Allowance and read Ord. 2917 for the first time by title only. At this December 20 meeting, the second reading by title only (within the recommended motion) and enactment may occur. DISCUSSION The proposed revisions affect the following provisions of the Code: • LOC 12.20.805 (“Emergency” explained) • LOC 12.20.820 (Authority) • LOC 12.20.830 (Regulation and Control of Persons and Property) • LOC 14.02.055 (Threshold Inquiry; Protective Search) • LOC 15.06.610 (Oregon Fire Code Adopted) • LOC 47.06.205 (Permanent Signs Exempt from Permit and Fee) • LOC 47.06.415 (Permanent signage Requiring Permit … (PF zones)). • LOC 55.02.085 (Request for Public Hearing on a Type II Tree Cutting Permit) Below is a list of the respective staff contact person for Councilor inquiries: • Megan Phelan, City Manager’s Office, (503) 635-0281, mphelan@lakeoswego.city o LOC 12.20.805 (“Emergency” explained) o LOC 12.20.820 (Authority) o LOC 12.20.830 (Regulation and Control of Persons and Property) • Evan Boone, City Attorney’s Office, (503) 635-0225, eboone@lakeoswego.city o LOC 14.02.055 (Threshold Inquiry; Protective Search) o LOC 55.02.085 (Request for Public Hearing on a Type II Tree Cutting Permit) • Gert Zoutendijk, Fire Department, (503) 699-7454, gzoutendijk@lakeoswego.city o LOC 15.06.610 (Oregon Fire Code Adopted) • Jessica Numanoglu, Planning Department, (503) 635-0283 jnumanoglu@lakeoswego.city o LOC 47.06.205 (Permanent Signs Exempt from Permit and Fee) o LOC 47.06.415 (Permanent signage Requiring Permit … (PF zones)) Page 3 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY (The City Attorney’s Office’s role has been to compile the Code maintenance revisions from other affected departments and to assist in preparing the commentary; the department representatives can respond to any detailed questions.) ALTERNATIVES Remove the matter from the Consent Agenda and direct staff to revise the ordinance to enact some of the proposed code amendments. RECOMMENDATION Second Reading of Ordinance 2917 by title only: “An Ordinance of the Lake Oswego City Council Clarifying, Revising, and Updating Various Provisions of the Lake Oswego Code (Other Than LOC Chapter 50)(2022),” and enact. ATTACHMENTS 1. Code Amendments with Commentary 2. Ordinance 2917, with Exhibit 1 Code amendments (no commentary) Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 1/9 ART. 12.20 EMERGENCY CODE 12.20.805 "Emergency" explained. The state of emergency exists whenever the City or any area therein is suffering or is in imminent danger of suffering an event that may cause injury or death to persons, or damage to or the destruction of property to the extent that extraordinary measures must be taken to protect the public health, safety and welfare; such an event shall include, but not be limited to, the following: 1.A civil disturbance or riot; 2.A disaster such as flood, windstorm, earthquake, or fire, explosion or 3.An epidemic, pandemic, or public health emergency; 34.The declaration of a war-caused national emergency; 5.Any other emergency declared by the State, or Clackamas, Multnomah, or Washington counties; 46.Any major disruption of community services such as transportation, power supply, water service or communications. Staff Comment: Expands categories of emergencies, as the COVID 19 pandemic has shown that there are names for different degrees of health emergencies, all of which can have the same effect in terms of the need to declare a state of emergency. Adds emergencies that may be called by the State of Oregon or the counties in which Lake Oswego is located. 12.20.820 Authority. When, in the judgment of the City Manager or designee, a state of emergency exists, the emergency shall forthwith be declared in writing and the existence of same publicized. Upon that declaration, the City Manager or designee is empowered to assume centralized control of and have authority over all departments, bureaus and other offices of the City in order to implement the purpose of this Code. The state of emergency declared by the City Manager or designee shall exist for the period set forth in the declaration, but shall not exceed 36 72 hours in duration, and may not be extended, unless within that time the City Council (or so many members thereof as may be able and available within the City to perform the duties of their office) passes a resolution shall ratify and confirming the City Manager’s or designee’s declaration of a state of emergency. The Council shall also set the expiration date of the state of emergency as part of the resolution. A declared emergency may be modified by the City Council at any time.; in which event the Council shall declare the period for which the emergency shall exist, not to exceed two weeks in duration, and which may be extended an additional two weeks upon like action by the City Council. Staff Comment: Eliminates stated authority of the City Manager to assume control over city departments; the City Manager normally has that authority, per Charter, Section 20.B. Expands duration of City Manager-declared emergency from 36 hours to 72 hours to extend ATTACHMENT 1 Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 2/9 over weekends. Enables Council to set date or conditions under which the declaration expires, rather than 2 weeks at a time. 12.20.830 Regulation and Control of Persons and Property. Whenever a state of emergency has been declared to exist within the City, the City Manager is empowered to order the following measures in the interests of public health, safety or welfare: *** 7. Suspend the applicable public procurement requirements, and, to the extent sufficient funds are available and budgeted, to redirect city funds to pay expenses incurred as a result of responding to the emergency, Staff Comment: Expressly states within this Emergency Code that public procurement processes may be suspended (“emergency” contracts already authorized in Public Contract provisions). Allows City Manager to move budgeted funds as needed to respond to emergency. 78. Order such other measures as are imminently necessary for the protection of life or property. ART. 14.02 POLICE / IN GENERAL 14.02.055 Threshold Inquiry; Protective Search. *** 2. Protective Search: If during the temporary detention authorized above the officer reasonably believes himself they areto be in danger of attack or assault by the person thus detained, the officer may frisk such person for dangerous or concealed weapons without arrest. Any such weapon found on the person may be kept by the officer during the period of detention, and at the end of such period shall be returned to the person thus detained, unless at that time the person is arrested for a crime or breach of ordinance involving the use, possession or concealment of such weapon. Staff Comment: Last year staff went through the Code to remove gender-specific references. This search term was overlooked. *** // Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 3/9 ART. 15.06 FIRE PREVENTION CODE 15.06.610 Oregon Fire Code Adopted. There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion the 2019 2022 Oregon Fire Code (as adopted by OAR 837-040). Such code is enacted and adopted in whole by this reference as though set forth at length except such portions as are hereinafter deleted, modified or amended by this section. 1. The geographic limits referred to in certain sections of the Oregon Fire Code are hereby established for the City of Lake Oswego as follows: a. Section 5704.2.9.6.1: residential zones (including areas with split zones which include residential zones). b. Section 6104.2: residential zones (including areas with split zones which include residential zones). 2. The City of Lake Oswego hereby adopts Sections 105.5.1 through 105.5.52 and 105.5A 105.6A through 105.6.505.E of the Oregon Fire Code. *** 4. Section 603.3605.4 is amended to add, as additional subsections, the following: A. Subsection 603.3.1.2605.4.1.3 Storage may be permitted in residential zones subject to the following requirements: B. Subsection 603.3.1.3605.4.1.4. Screening. Above ground tanks are to be surrounded by fences, walls, or plant materials that are sufficient to fully screen their appearance from neighboring properties. If plant materials are used to provide the screening, they shall meet the requirements of Section 50.06.004.1.c of the Community Development Code. C. Subsection 603.3.1.4605.4.1.5. Setbacks. All structures supporting tanks shall be located a minimum of five (5) feet from any property line. For tanks larger than 275 gallons, the minimum setback shall be increased to ten feet. Additional setbacks shall be as specified in the Oregon Fire Code. D. Subsection 603.3.1.5605.4.1.6. Tank Requirements. All above ground tanks shall display a sticker indicating acceptance by Underwriters Laboratories or a comparable organization (e.g., ASME or Factory Mutual). Tanks shall be double- walled or shall otherwise provide containment for leaks. Tanks must be manufactured, installed, and maintained in compliance with the manufacturer’s instructions, NFPA Standard 31 (Installation of Oil Burning Equipment), and be approved by the Fire Chief. Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 4/9 E. Subsection 603.3.1.6605.4.1.7. Clean-up. The property owner shall bear the responsibility for the prompt and thorough clean-up and proper disposal of any fuel oil that is spilled on or around any tank, whether the tank is located under ground or above ground. F. Subsection 603.3.1.7605.4.1.8. Closed System. Above ground tanks shall be closed systems, fueling only oil-fired appliances. All other distributions of fuel from such tanks shall be unlawful. 5. A new Section 5601.1.2A5601.1.1.1 is added to Oregon Fire Code Chapter 56 as follows: 5601.1.2A 1.1 Storage of Explosives. Overnight storage of any quantity of explosives or blasting agents is prohibited within the boundaries of the City. Exception: Storage of smokeless propellant, black powder and small arms primers for personal use and not for resale in accordance with Oregon Fire Code Section 5606. Staff Comment: OAR 837-040-0010 (2) was revised to adopt the 2021 International Fire Code with Oregon amendments to be known as the Oregon Fire Code, 2022 edition, with an effective date of October 1, 2022. In addition, 837-040-0010(3) changes new construction plan review phase-in dates. Code section numbering updated with new version. // Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 5/9 ART. 47.06 SIGN CODE / REGULATION OF PERMANENT SIGNS 47.06.205 Permanent Signs Exempt From Permit and Fee. The following signs shall comply with all provisions and regulations of this chapter; however, no fee, permit or application is required: *** 6. Athletic Field Signs. a. Rigid signs located on the outfield fence of athletic fields may be installed. Each individual sign shall be no more than 32 square feet in area. There shall be no more than 32 square feet of area for any eight linear feet of fence. The maximum height shall not exceed eight feet above grade. The signs shall be placed so as to be visible from the interior of the field and/or viewing stands. b. One sign located at one end of the each field visible to spectators shall subject to the following requirements: i. 100 ft. or More from Residential Zone: The sign shall be set back a minimum of 100 feet from residentially-zoned property, with a maximum height of 25 feet above grade, except that the height may be increased one foot for every additional 25 feet of distance from the sign to the lot line of the nearest residentially zoned property, to a maximum height of 28 ft.; or ii. Less than 100 ft. from Residential Zone: The sign may be set back less than 100 feet from a residentially-zoned property if it is have a maximum height of 15 18 feet above grade, not more than 100and shall be a maximum of 64 square feet in area, the illuminated side faces away from the residentially-zoned property less than 100 feet away, and the back of the sign is painted a dark or earth-tone color. Screening and buffering of the sign may be required as a condition of approval if the illuminated side of the sign is visible from residential properties or public right-of-way to mitigate light impacts or distraction to motorists. Staff Comment: Currently, Athletic Scoreboards are restricted in size to 15’ in height and 64 square feet in size. As shown in the attached inventory table of all the Lake Oswego School District scoreboard signs (Attachment 1-A), only one scoreboard (Lakeridge soccer/JV football field) complies with the current size limitations. All other scoreboards have either received a Sign Variance or are non-compliant with the size limitations. The inventory table also shows that all of the scoreboards are set back significant distances from residential properties and are situated in large fields, which in most cases, have substantial screening and/or distance from Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 6/9 surrounding properties. Staff is not aware of any complaints with regard to any of the existing scoreboards. The athletic sign standards also apply to City parks. East Waluga Park is the only City athletic field with a scoreboard. While no scoreboards are currently proposed for other City Athletic fields, the Parks Dept. has indicated that it may consider installing scoreboards in the future at Hazelia Field, George Rogers Park, or Westlake Park. All of these parks have sufficient space to locate a scoreboard a substantial distance from residentially-zoned properties. The proposed amendments would exempt athletic scoreboard signs from size limitations, except height, provided the sign is set back at least 100 feet from residentially-zoned property and includes provisions to require screening or buffering, if necessary. Scoreboards that cannot meet the 100-foot setback would be subject to size limitations and more restrictive height limits, or could apply for a Sign Variance for a larger sign, which includes public notice and opportunity for appeal. Lake Oswego School District (LOSD) staff has reviewed the proposed amendments and confirmed the requirements are sufficiently flexible to accommodate scoreboard signs for the needs of different types of athletic fields, while assuring minimal visual impacts to surrounding properties. *** ART. 47.10 SIGN CODE / PERMIT REQUIREMENTS 47.10.415 Permanent Signage Requiring Permit Allowed in Commercial, Public Facility and Campus Institutional Zones (MC, HC, CR&D, OC, PF and CI). In addition to the temporary and permanent signage allowed without permit in the commercial, public facility, and campus institutional zones the following signage is allowed in the MC, HC, CR&D, OC, PF, and CI zones subject to permit and fee: *** 4. Sign Features/Restrictions. a. Except as provided in subsection (3)(e) of this section, no pole signs shall be allowed. b. Signs shall not be attached to parking structures, or to portions of buildings that serve as parking facilities. c. Off-site signs shall not be placed along arterial streets except at their intersection with another arterial, collector street or access entrance for multiple buildings. Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 7/9 d. Monument signs shall not exceed eight feet in height. e. All developments shall have sign criteria affecting the development as a whole approved as part of any master plan (overall development plan and schedule/planned development) approval to insure compatibility between signs on individual development parcels or on individual structures. f. Within the PF Zone: i. Except at otherwise indicated, signs may be indirectly or internally illuminated. ii. Changeable copy, manual or electronic, is allowed provided the copy does not change more frequently than 15 seconds at a time. Animated, moving, scrolling, flashing and similar changes in copy are prohibited. iii. Lighting that is within 200 feet of a residential zone and is substantially visible from any residential unit or vacant residential lot shall be extinguished between 10:00 p.m. and 7:00 a.m. Staff Comment: The Public Functions (PF) zone was adopted in 2002 (Ord. 2334) and was applied to publicly-owned properties, including public schools and City-owned facilities. Several years after the new zone was adopted, it was discovered the PF zone had not been added to the Sign Code. In 2013, the PF zone was added to the Sign Code (Ord. 2617) under the sign provisions for the MC, HC, CR&D, OC, and CI zones in LOC 47.10.415. Prior to the PF zone, the sign provisions in LOC 47.10.425, which included a “Sign Features/Restrictions” section that allowed changeable copy and restricted the hours of lighting for signs, applied to all institutional and public uses; however, the “Sign Features/Restrictions” section is not included in LOC 47.10.415 and so no longer applied to institutional and public uses. Changeable copy is a customary sign feature for schools and other public facilities in order to communicate events, school closures, and other important information. The above amendment restores sign features and restrictions that previously applied to institutional (school) and public uses before the Public Function (PF) zone was adopted, except that changeable copy is not restricted to only 50% of the sign area, electronic change of copy is clarified to limit it to 15- second intervals with no animation or flashing allowed, and the lighting of the sign is to be extinguished between 10pm and 7am instead of 10pm and 8am, since school activities can begin as early as 7am. Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 8/9 ART. 55.02 TREE CODE / TREE REMOVAL 55.02.085 Request for Public Hearing on a Type II Tree Cutting Permit. *** 4. A decision of the DRC shall not become final for ten days from the date of adoption of written findings. Any person who appeared before the DRC either orally or in writing may appeal the decision of the DRC to the City Council by filing a written notice of intent to appeal, along with an appeal fee as established by resolution of the Council, with the City Recorder within ten days of the date of adoption of the DRC’s written findings, conclusions and order. The findings, conclusions, and order and minutes of the DRC’s meeting, along with any written staff reports or testimony, shall be forwarded to the City Council. Written notice of the appeal hearing shall be sent at least ten days in advance of the Council hearing to those persons who appeared before the DRC. The hearing before the City Council shall be on the record established before the DRC and only persons who appeared before the DRC orally or in writing may testify. The appellant shall testify first, followed by persons in favor of the appeal, persons in opposition to the appeal (beginning with the applicant if different from the appellant), and concluding with rebuttal by the appellant. The Council’s hearing shall follow the same procedures set forth in LOC 50.07.003(7)(d) through (f) (except the minimum time the staff report must be available for review prior to the appeal hearing is three days), (7)(h) through (l), (7)(m) (except any land use review deadline is not applicable), (7)(n), and (7)(o)(i) through (iv). The decision of the Council shall be final. Staff Comment: The order of testimony where the applicant is NOT the appellant is contrary to the land use code: LOC 50.07.003.7.i [Land Use Appeal Hearing] i. Conduct of the Appeal Hearing Before City Council The Mayor shall conduct a hearing on appeal pursuant to the requirements of LOC 50.07.003.4.a.i through x and 50.07.003.4.a.xiii. LOC 50.07.004.a.vi – x states the owner of testimony as: vi. The Chair shall call for the applicant’s testimony. vii. The Chair shall call for other evidence or testimony in support of the application. viii. The Chair shall call for evidence or testimony in opposition to the application. ix. The Chair shall call for neutral evidence or testimony. x. The Chair shall call for rebuttal by the applicant. The applicant’s rebuttal is limited to responding to testimony previously submitted and shall be based solely on the evidence in the record. If the applicant submits new evidence in aid of rebuttal, the Chair shall allow any person to respond to that evidence, and provide for final rebuttal by the applicant. *** The Council’s appeal hearing is not like an appellate court, in that (a) the appeal is not constrained to “assignments of error” in the notice of appeal (LOC 50.07.007.k.i), and (b) the Council is not constrained to determine if the DRC “erred” but is re-examining the evidence in the record to determine if the application complies with the applicable criteria and standards (LOC 50.07.007.n.ii). By deleting the Tree Code-specific order of testimony on appeal, and Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 9/9 leaving it to reference the land use code, then it will be consistent with land use, which will eliminate confusion by the participants and staff in conducting the appeal hearing. The time for testifying is not affected. Lake Oswego School District Athletic Scoreboard Signs School Field Type Year Installed Backlit Scoreboard Non-Backlit Identification Non- Backlit Sponsor Total Height Total Sign Size Approx. Distance to Nearest Residential Property Line Variance Received? Existing Vegetation/ Obscuring Factors Streetview Photo of Scoreboard Sign 1. Lakeridge HS Varsity Football 2022 Original: 2008 8’ x 18’ None None 18’ 200 sq. ft. 144 sq. ft. 136’ to the north Yes, 499-22-000998- PLNG Original: SP 08- 0013 Street trees along Cloverleaf provide buffering, but not a solid screen Sign as viewed from Cloverleaf Rd. 2. Lakeridge HS Baseball 2014 Original: 1994 7’ x 25’ 4’ x 25’ 2.5’x 25’ 26.6’ 337.5 sq. ft. 175’ to the south Yes, VAR 4-94 allowed a 115.6 sq. ft. sign, 21 ft. tall, but sign was either replaced or installed larger than approved. Arborvitae hedge approx. 90’ planted as a requirement of sign variance. Sign is visible from Overlook Dr., but at a distance. Sign as viewed from Overlook Dr. ATTACHMENT 1-A School Field Type Year Installed Backlit Scoreboard Non-Backlit Identification Non- Backlit Sponsor Total Height Total Sign Size Approx. Distance to Nearest Residential Property Line Variance Received? Existing Vegetation/ Obscuring Factors Streetview Photo of Scoreboard Sign 3. Lakeridge HS Turf 2 – Soccer/JV Football 2008 (Relocated from Varsity Football, probably Building Permit 20090879) 4.5’ x 14’ None None 14.5’ 63 sq. ft. 207’ to the north No, complies Mainly obscured by a building between the sign and Cloverleaf Rd. 4. Lakeridge HS Softball 2017 5’ x 14’ 2.6’ x 14’ None 15’ 106.4 sq. ft. 217’ to the north No, doesn’t comply Mainly obscured by a building between the sign and Cloverleaf Rd. School Field Type Year Installed Backlit Scoreboard Non-Backlit Identification Non- Backlit Sponsor Total Height Total Sign Size Approx. Distance to Nearest Residential Property Line Variance Received? Existing Vegetation/ Obscuring Factors Streetview Photo of Scoreboard Sign 5. Lake Oswego HS Varsity Football 2008 8’ x 25’ 3’ x 25’ None 22’ 275 sq. ft. 316’ to the south Yes, VAR 28-87 for a 270 sq. ft. sign. Fully screened from nearby residential properties. 6. Lake Oswego HS Baseball 2005 Original 1994, replaced in 2012. Current sign unknown. 6.5’ x 20’ 2’ x 20’ 2’ x 20’ 14.5’ 210 sq. ft. 159’ to the south Yes, VAR 5-94 approved a 14’x 5.5’, 77 sq. ft. sign in the same location. Replaced by 70 sq. ft. sign in 2012 per permit 499-12-02522; however, the existing sign does not comply. Fully screened from nearby residential properties. Cannot be seen on streetview or aerial photos due to tree cover. 7. Lake Oswego MS Softball 2012 5’ x 14’ 2’ x 14’ None 16’ 98 sq. ft. 304’ to the east No, does not comply Fully screened from nearby residential properties. FUTURE ATHLETIC FIELD SIGNS PLANNED School Field Type Year Installed Backlit Scoreboard Non-Backlit Identification Non- Backlit Sponsor Total Height Total Sign Size Approx. Distance to Nearest Residential Property Line Variance Received? Existing Vegetation/ Obscuring Factors Streetview Photo of Scoreboard Sign Lakeridge MS Future Sign Multi- purpose Likely 2023 A sign can be sited in a location that provides screening and separation from residential properties. Located in SE area of site. Lake Oswego MS Future Sign Multi- purpose Likely 2023 Sign likely to be located in SW area of field next to Springbrook Park, which has extensive vegetative screening. Located in SW area of site Ordinance 2917 Page 1 of 2 ORDINANCE 2917 AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL CLARIFYING, REVISING, AND UPDATING VARIOUS PROVISIONS OF THE LAKE OSWEGO CODE (OTHER THAN LOC CHAPTER 50)(2022). WHEREAS, through the application of the Lake Oswego Code, staff of the City Attorney’s Office, City Manager’s Office, Planning Department and Fire Department have found that some sections of the Lake Oswego Code could be improved by removing ambiguous and conflicting language, correcting provisions, and adding to or repealing certain articles of the Lake Oswego Code; and WHEREAS, this year the affected sections are: • LOC 12.20.805 (“Emergency” Explained); LOC 12.20.820 (Authority); LOC 12.20.830 (Regulation and Control of Persons and Property) of the Emergency Code; • LOC 14.02.055 (Threshold Inquiry; Protective Search); • LOC 15.06.610 (Oregon Fire Code Adopted); • LOC 47.06.205 (Permanent Signs Exempt From Permit And Fee) and LOC 47.06.415 (Permanent Signage Requiring Permit … (PF Zones); and • LOC 55.02.085 (Request for Public Hearing on a Type II Tree Cutting Permit). The City of Lake Oswego ordains as follows: Section 1. The Lake Oswego Code is hereby amended by adding the section and text shown in bold, double-underlined type and deleting the text shown in strikethrough type as set forth on Exhibit 1. (Section or subsections within the Lake Oswego Code that are not marked for deletion or addition are neither amended nor deleted by this Ordinance.) Section 2. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. // //[Signatures on Next Page] ATTACHMENT 2 Ordinance 2917 Page 2 of 2 Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 20th day of December, 2022. AYES: NOES: ABSTAIN: EXCUSED: ___________________________________ Joseph M. Buck, Mayor ATTEST: ___________________________________ Kari Linder, City Recorder APPROVED AS TO FORM: ________________________________ Evan Boone, City Attorney Pro Tem Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 1/7 ART. 12.20 EMERGENCY CODE 12.20.805 "Emergency" explained. The state of emergency exists whenever the City or any area therein is suffering or is in imminent danger of suffering an event that may cause injury or death to persons, or damage to or the destruction of property to the extent that extraordinary measures must be taken to protect the public health, safety and welfare; such an event shall include, but not be limited to, the following: 1. A civil disturbance or riot; 2. A disaster such as flood, windstorm, earthquake, or fire, explosion or 3. An epidemic, pandemic, or public health emergency; 34. The declaration of a war-caused national emergency; 5. Any other emergency declared by the State, or Clackamas, Multnomah, or Washington counties; 46. Any major disruption of community services such as transportation, power supply, water service or communications. 12.20.820 Authority. When, in the judgment of the City Manager or designee, a state of emergency exists, the emergency shall forthwith be declared in writing and the existence of same publicized. Upon that declaration, the City Manager or designee is empowered to assume centralized control of and have authority over all departments, bureaus and other offices of the City in order to implement the purpose of this Code. The state of emergency declared by the City Manager or designee shall exist for the period set forth in the declaration, but shall not exceed 36 72 hours in duration, and may not be extended, unless within that time the City Council (or so many members thereof as may be able and available within the City to perform the duties of their office) passes a resolution shall ratify and confirming the City Manager’s or designee’s declaration of a state of emergency. The Council shall also set the expiration date of the state of emergency as part of the resolution. A declared emergency may be modified by the City Council at any time.; in which event the Council shall declare the period for which the emergency shall exist, not to exceed two weeks in duration, and which may be extended an additional two weeks upon like action by the City Council. 12.20.830 Regulation and Control of Persons and Property. Whenever a state of emergency has been declared to exist within the City, the City Manager is empowered to order the following measures in the interests of public health, safety or welfare: *** EXHIBIT 1 TO ATTACHMENT 2 Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 2/7 7. Suspend the applicable public procurement requirements, and, to the extent sufficient funds are available and budgeted, to redirect city funds to pay expenses incurred as a result of responding to the emergency, 78. Order such other measures as are imminently necessary for the protection of life or property. ART. 14.02 POLICE / IN GENERAL 14.02.055 Threshold Inquiry; Protective Search. *** 2. Protective Search: If during the temporary detention authorized above the officer reasonably believes himself they areto be in danger of attack or assault by the person thus detained, the officer may frisk such person for dangerous or concealed weapons without arrest. Any such weapon found on the person may be kept by the officer during the period of detention, and at the end of such period shall be returned to the person thus detained, unless at that time the person is arrested for a crime or breach of ordinance involving the use, possession or concealment of such weapon. *** // Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 3/7 ART. 15.06 FIRE PREVENTION CODE 15.06.610 Oregon Fire Code Adopted. There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion the 2019 2022 Oregon Fire Code (as adopted by OAR 837-040). Such code is enacted and adopted in whole by this reference as though set forth at length except such portions as are hereinafter deleted, modified or amended by this section. 1. The geographic limits referred to in certain sections of the Oregon Fire Code are hereby established for the City of Lake Oswego as follows: a. Section 5704.2.9.6.1: residential zones (including areas with split zones which include residential zones). b. Section 6104.2: residential zones (including areas with split zones which include residential zones). 2. The City of Lake Oswego hereby adopts Sections 105.5.1 through 105.5.52 and 105.5A 105.6A through 105.6.505.E of the Oregon Fire Code. *** 4. Section 603.3605.4 is amended to add, as additional subsections, the following: A. Subsection 603.3.1.2605.4.1.3 Storage may be permitted in residential zones subject to the following requirements: B. Subsection 603.3.1.3605.4.1.4. Screening. Above ground tanks are to be surrounded by fences, walls, or plant materials that are sufficient to fully screen their appearance from neighboring properties. If plant materials are used to provide the screening, they shall meet the requirements of Section 50.06.004.1.c of the Community Development Code. C. Subsection 603.3.1.4605.4.1.5. Setbacks. All structures supporting tanks shall be located a minimum of five (5) feet from any property line. For tanks larger than 275 gallons, the minimum setback shall be increased to ten feet. Additional setbacks shall be as specified in the Oregon Fire Code. D. Subsection 603.3.1.5605.4.1.6. Tank Requirements. All above ground tanks shall display a sticker indicating acceptance by Underwriters Laboratories or a comparable organization (e.g., ASME or Factory Mutual). Tanks shall be double- walled or shall otherwise provide containment for leaks. Tanks must be manufactured, installed, and maintained in compliance with the manufacturer’s instructions, NFPA Standard 31 (Installation of Oil Burning Equipment), and be approved by the Fire Chief. Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 4/7 E. Subsection 603.3.1.6605.4.1.7. Clean-up. The property owner shall bear the responsibility for the prompt and thorough clean-up and proper disposal of any fuel oil that is spilled on or around any tank, whether the tank is located under ground or above ground. F. Subsection 603.3.1.7605.4.1.8. Closed System. Above ground tanks shall be closed systems, fueling only oil-fired appliances. All other distributions of fuel from such tanks shall be unlawful. 5. A new Section 5601.1.2A5601.1.1.1 is added to Oregon Fire Code Chapter 56 as follows: 5601.1.2A 1.1 Storage of Explosives. Overnight storage of any quantity of explosives or blasting agents is prohibited within the boundaries of the City. Exception: Storage of smokeless propellant, black powder and small arms primers for personal use and not for resale in accordance with Oregon Fire Code Section 5606. // Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 5/7 ART. 47.06 SIGN CODE / REGULATION OF PERMANENT SIGNS 47.06.205 Permanent Signs Exempt From Permit and Fee. The following signs shall comply with all provisions and regulations of this chapter; however, no fee, permit or application is required: *** 6. Athletic Field Signs. a. Rigid signs located on the outfield fence of athletic fields may be installed. Each individual sign shall be no more than 32 square feet in area. There shall be no more than 32 square feet of area for any eight linear feet of fence. The maximum height shall not exceed eight feet above grade. The signs shall be placed so as to be visible from the interior of the field and/or viewing stands. b. One sign located at one end of the each field visible to spectators shall subject to the following requirements: i. 100 ft. or More from Residential Zone: The sign shall be set back a minimum of 100 feet from residentially-zoned property, with a maximum height of 25 feet above grade, except that the height may be increased one foot for every additional 25 feet of distance from the sign to the lot line of the nearest residentially zoned property, to a maximum height of 28 ft.; or ii. Less than 100 ft. from Residential Zone: The sign may be set back less than 100 feet from a residentially-zoned property if it is have a maximum height of 15 18 feet above grade, not more than 100and shall be a maximum of 64 square feet in area, the illuminated side faces away from the residentially-zoned property less than 100 feet away, and the back of the sign is painted a dark or earth-tone color. Screening and buffering of the sign may be required as a condition of approval if the illuminated side of the sign is visible from residential properties or public right-of-way to mitigate light impacts or distraction to motorists. *** Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 6/7 ART. 47.10 SIGN CODE / PERMIT REQUIREMENTS 47.10.415 Permanent Signage Requiring Permit Allowed in Commercial, Public Facility and Campus Institutional Zones (MC, HC, CR&D, OC, PF and CI). In addition to the temporary and permanent signage allowed without permit in the commercial, public facility, and campus institutional zones the following signage is allowed in the MC, HC, CR&D, OC, PF, and CI zones subject to permit and fee: *** 4. Sign Features/Restrictions. a. Except as provided in subsection (3)(e) of this section, no pole signs shall be allowed. b. Signs shall not be attached to parking structures, or to portions of buildings that serve as parking facilities. c. Off-site signs shall not be placed along arterial streets except at their intersection with another arterial, collector street or access entrance for multiple buildings. d. Monument signs shall not exceed eight feet in height. e. All developments shall have sign criteria affecting the development as a whole approved as part of any master plan (overall development plan and schedule/planned development) approval to insure compatibility between signs on individual development parcels or on individual structures. f. Within the PF Zone: i. Except at otherwise indicated, signs may be indirectly or internally illuminated. ii. Changeable copy, manual or electronic, is allowed provided the copy does not change more frequently than 15 seconds at a time. Animated, moving, scrolling, flashing and similar changes in copy are prohibited. iii. Lighting that is within 200 feet of a residential zone and is substantially visible from any residential unit or vacant residential lot shall be extinguished between 10:00 p.m. and 7:00 a.m. Ord. 2917 Attachment 1 to Council Report Code Amendments with Staff Commentary Page 7/7 ART. 55.02 TREE CODE / TREE REMOVAL 55.02.085 Request for Public Hearing on a Type II Tree Cutting Permit. *** 4. A decision of the DRC shall not become final for ten days from the date of adoption of written findings. Any person who appeared before the DRC either orally or in writing may appeal the decision of the DRC to the City Council by filing a written notice of intent to appeal, along with an appeal fee as established by resolution of the Council, with the City Recorder within ten days of the date of adoption of the DRC’s written findings, conclusions and order. The findings, conclusions, and order and minutes of the DRC’s meeting, along with any written staff reports or testimony, shall be forwarded to the City Council. Written notice of the appeal hearing shall be sent at least ten days in advance of the Council hearing to those persons who appeared before the DRC. The hearing before the City Council shall be on the record established before the DRC and only persons who appeared before the DRC orally or in writing may testify. The appellant shall testify first, followed by persons in favor of the appeal, persons in opposition to the appeal (beginning with the applicant if different from the appellant), and concluding with rebuttal by the appellant. The Council’s hearing shall follow the same procedures set forth in LOC 50.07.003(7)(d) through (f) (except the minimum time the staff report must be available for review prior to the appeal hearing is three days), (7)(h) through (l), (7)(m) (except any land use review deadline is not applicable), (7)(n), and (7)(o)(i) through (iv). The decision of the Council shall be final. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Approval of City Council Meeting Minutes Meeting Date: December 20, 2022 Report Date: December 9, 2022 Staff Member: Kari Linder, City Recorder Department: City Manager’s Office Action Required Advisory Board/Commission Recommendation ☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☐Not Applicable☐Information Only Comments: ☐Council Direction ☒Consent Agenda Staff Recommendation: Approve minutes as written. Recommended Language for Motion: Move to approve minutes as written. Project / Issue Relates To: NA Issue before Council (Highlight Policy Question): NA ☐Council Goals/Priorities ☐Adopted Master Plan(s)☐Not Applicable ATTACHMENTS 1.October 4, 2022, Draft Regular Meeting Minutes 6.3 City Council Regular Meeting Minutes Page 1 of 18 October 4, 2022 CITY COUNCIL REGULAR MEETING MINUTES October 4, 2022 1. CALL TO ORDER Mayor Buck called the regular City Council meeting to order at 3:02 p.m. on October 4, 2022. The meeting was held both virtually via video conferencing and in-person in the Council Chamber at City Hall, 380 A Avenue. 2. ROLL CALL Present: Mayor Buck, Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland Staff Present: Martha Bennett, City Manager; Evan Boone, City Attorney Pro Tem; Kari Linder, City Recorder; Stefan Broadus, Assistant City Engineer, Paul Espe, Associate Planner; Ivan Anderholm, Parks and Recreation Director ______________________________________________________________________ 3. PLEDGE OF ALLEGIANCE Mayor Buck led the Council in the Pledge of Allegiance. 4. PROCLAMATION 4.1 Meals on Wheels Month Mayor Buck read the Proclamation declaring October Meals on Wheels month. The Lake Oswego Meals on Wheels program started in 1972 and currently engaged 155 Lake Oswego volunteers in meaningful service to others. More than 18,000 nutritionally balanced meals, made from scratch, were served to senior and disabled Lake Oswego residents each year. Mayor Buck urged the community to celebrate older adults as well as the Lake Oswego Meals on Wheels program that supported healthy aging in the city. The City appreciated the work of all the volunteers in the Meals on Wheels program, as well as the many Lake Oswego businesses and organizations that partnered with Meals on Wheels to raise money for the program throughout the month of October. 5. PUBLIC COMMENT • Roger Martin, 1405 Cherry Crest Avenue, stated he had lived in Lake Oswego for 63 years. He understood from talking with the City Manager that the City would probably go ahead with ATTACHMENT 1 City Council Regular Meeting Minutes Page 2 of 18 October 4, 2022 the Municipal Golf Course and he urged the City to do so. He was disappointed in the way golfers had been treated over the development of the project and was sorry to see a very adequate Par 3, 18-hole golf course go to waste this year when it could have been watered and played on. He asked the City to open the golf course again so golfers could play, though he understood the problem with cost. He noted he had correctly predicted the cost for a 9- hole course would exceed the City’s expectations and asked the Council to proceed with the golf course so golf could return to Lake Oswego. • Randy Zmrhal, Lakewood Neighborhood, expressed concern about the North Shore Bridge. While he had no concerns about the process of stabilizing and constructing the bridge, he was concerned about its final look. The website showed pictures of mechanically stabilized earth, which was basically blocks put together. The North Shore Bridge was an iconic landmark in the area. Many people had wedding photographs taken at the bridge overlooking Lake Wood Bay. A bridge was an opportunity to create something iconic in the community, and the City was missing the boat if it went forward with the current plan. He also had concerns about the aggressive plan to cut down 50 to 80 100-plus-year-old Douglas firs at the Lake Oswego Country Club where he was a member. The process seemed expedited compared to what he went through to protect two Douglas Firs, which he was not allowed to cut down, when remodeling his house. There were 70 to 80 trees at the Country Club marked with yellow ribbons and scheduled for removal. He was not sure if the Council had surveyed members at the Club, but many were not supportive of the tree removal, and it was a controversial topic. No one at the Club seemed to be able to communicate what the permitting process was and what the status was with City Council. He would like to understand the process, and whether it had been expedited, so he could communicate that back to his fellow members before the trees were removed. • Gale Wallmark, Kilkenny Road, was a golfer, a member of the LPGA Amateurs Portland Golf Club, and served on the City Council’s Golf Course Advisory Council. She was speaking in support of the Parks and Recreation Staff recommendation for the Municipal Golf Course. In early 2020, as the decision about where to locate a new pool and recreation center loomed, she was among those who led a brief, but fierce effort to save every inch of the 40-acre property for golf. In the span of just a few weeks, the group secured close to 400 signatures on its petition to ensure public golf remained among the City’s recreational offerings. She liked to think the stirring of the golf community in 2020 played some role in the Parks and Recreation Department’s development of a wonderful new plan, advised with professional expertise from the highly regarded golf course designer, Dan Hixson, for a totally reimagined 9-hole course layout, which was long enough to obtain a USGA rating so golfers could post scores, and included an improved and lengthened driving range. Once integrated into the pool/recreation center discussion, the plan for the new golf course was embraced by golf constituents. In fact, once comprehensive plans for the new center and golf course were approved, many golfers in the community worked to spread the word and build anticipation for the new course, which was squarely on their radar. It had been a year since the older municipal course closed and golfers both in Lake Oswego and the Greater Portland area missed the well-worn but beloved muni, as well as the many new golfers who swarmed to the game during the pandemic. The original timeline for the course to open was summer of 2023, but permitting and other administrative efforts pushed that back to 2024. While disappointed, their anticipation had not waned. They were present to demonstrate strong support for Staff’s recommendation to move forward as quickly as possible with construction of the course and improvements to the driving range. She asked Councilors to approve the recommendation this evening to ensure the promised modern, innovative, Dan Hixson designed course remained in the City’s near future. City Council Regular Meeting Minutes Page 3 of 18 October 4, 2022 The course would continue to be highly anticipated, especially because of Dan Hixson’s involvement. Once the course opened, golfers would again turn out in droves. •Deborah Wilkinson, 17304 Marjorie Avenue, noted each of the Councilors had said they remained committed to golf in Lake Oswego. She was there to reiterate her support and hopefully get the Council’s commitment to golf. •Meg Wilkinson, 17304 Marjorie Avenue, noted the City had gone down a long road with the golf course. Years ago, before the tenure of many of the present Councilors, the City had talked about selling parts of the golf course and other ideas. However, the Council had remained supportive of the idea of a golf course in Lake Oswego. She was very hopeful the Council would support Parks and Recreation’s Option 3, take off the maintenance building and rethink it, and go forward with the golf course. •Harvey Gelfand, Lake Oswego Country Club member, stated he was against cutting any trees down, and most of the members he had spoken with were also against the tree removal. Some of the trees had been around for 100 years and it would be a travesty or tragedy to cut them down. 5.1 PRIOR PUBLIC COMMENT FOLLOW-UP No prior public comment follow-up was provided. 6.PUBLIC HEARINGS 6.1 Resolution 22-33, A Resolution of the City Council of the City of Lake Oswego Acting as the Lake Oswego Public Contracting Review Board Pursuant to ORS 279A.060, Adopting Findings and Approving a CM/GC (Construction Management/General Contractor) Solicitation Procurement for WO 298 Blue Heron 2 Trunk Sanitary Sewer Project. Evan Boone, City Attorney Pro Tem, cited the applicable Oregon Administrative Rules for the public contracting policy decision and reviewed the public hearing process. Stefan Broadus, Assistant City Engineer, presented the Staff report via PowerPoint, reviewing the scope and history of the project and construction challenges, noting the best way for the City to mitigate the construction challenges was through the CM/GC delivery process. This process would enable the City to add the construction perspective during the design phase of the project instead of after design had been finalized. The CM/GC process would also help the City secure scarce resources such as equipment, labor, and materials, in advance of the construction phase. Staff recommended the Council adopt Resolution 22-33 to deliver the project with the CM/GC approach, after which Staff would proceed with the final design of the project and towards a construction start in October of 2023. Mayor Buck asked if the project would be completed in October of 2023. Mr. Broadus clarified the project would start a year from now in October of 2023 in alignment with the next scheduled lake drawdown between October and December and be completed by the time the lake began to fill back up. Mayor Buck noted a year was a lot of preparation time, and asked if the City used the CM/GC method for a similar sewer project in the past. Mr. Broadus replied the City had not used the method in the past few years because the City’s recent sewer projects had not had such City Council Regular Meeting Minutes Page 4 of 18 October 4, 2022 a critical dependency on the construction window. In addition, some recent traditional design/build bids had resulted in only one bid. The City hoped to mitigate those constraints on the back end of the project and move it forward on the schedule. Mayor Buck asked if there was an estimate of what the construction timeline would be. Mr. Broadus said the construction timeline for the canal work would consist of the drawdown window of the lake. As shown in the PowerPoint map, there were some upland components to the project, specifically on Cardinal Drive. The upland work could proceed afterwards and had much less constraint in terms of timeline. Councilor Rapf disclosed his house would be served by the sewer line, but he had no conflict of interest. The City should be aware that the drawdown window became much shorter in years with heavier rainfall and should build that awareness into its contingency plans. What was the risk if the City did not proceed with the project? Mr. Broadus replied the project had been identified in the City’s Master Plan as the existing facility was reaching the end of its useful life. If the City did not proceed with the project, the risk was structural failure of the pipe, which could result in overflows into the canal. He confirmed there was also the risk of major environmental issues. Councilor Rapf noted many of the laterals were already broken. Councilor Manz noted the City had experienced supply chain issues over the past two years and she understood some supply issues may not resolve for the next five years. She asked if staff thought using the CM/GC method would mitigate some of the supply chain issues encountered on other projects. Mr. Broadus replied the project was good for the CM/GC approach because of schedule constraints. If the City was to do a traditional design/bid/build, there may not be enough time to enter into a contract and for the contractor to obtain materials before the drawdown of the lake and canal. With a CM/GC approach, the City was essentially moving materials procurement earlier in the schedule, and one of the biggest objectives of going to the CM/GC delivery method was to build in more available lead time for material purchasing. The method would provide a reduced risk that material procurement would derail the project schedule and force the City to either de-water outside of the routine schedule or wait three more years for the next lake draw down scenario. Councilor Wendland noted the City obviously had to do the project, but there was not a financial segment to the report because of the differing methodology used to do the construction. Mr. Broadus said the City had the funds available. If the request was approved, the City would craft a Request for Proposals (RFP), select the most qualified firm to be the CM/CG, and enter into a relatively small contract that would reimburse the CM/CG for its time during the design phase. When the project had advanced far enough, usually around 90 percent, the contractor could give the City a Guaranteed Maximum Price (GMP). The City could then enter in and modify the relatively minor contract to include the actual construction of the project, which would be a larger amount. The project would come before City Council again to execute the contract. Councilor Nguyen the City Council had spent time over the previous year looking at the City’s procurement process and building in components to make a more conscious effort to create opportunities for local business, women-owned, and minority-owned business. He hoped the City would reach out to those firms to provide at least some part of the services required by the proj ect. Mr. Broadus replied typically 10 percent of the RFP’s scoring component would be the COBID component, which included a range of points determined by whether the firm themselves was co- bid certified, had used co-bid certified subcontractors in the past, and/or planned to use COBID certified subcontractors on the project. In addition, a low-bid RFP was sometimes a barrier for smaller companies. This RFP would be qualifications based, and not include price as a City Council Regular Meeting Minutes Page 5 of 18 October 4, 2022 component when evaluating firms for the most qualified. The City typically held non-mandatory pre-bid conference for firms interested in hearing more about the project. Mayor Buck opened the public hearing, confirmed there was no public testimony, and closed the public hearing. Councilor Mboup moved to adopt Resolution 22-33, adopting findings and approving a CM/GC solicitation procurement for WO 298 Blue Heron 2 Trunk Sanitary Sewer project. Councilor Rapf seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland voting ‘aye’, (7-0). 6.2 Ordinance 2898, An Ordinance Annexing to the City of Lake Oswego two Parcels, Consisting of 5.01 Acres at 13570 and 13580 Goodall Road; Declaring City of Lake Oswego Zoning of R-15, Resource Protection (RP) and Habitat Benefit Area (HBA) Pursuant to LOC 50.01.004.5.a-c; and Removing the Territory from Certain Districts (AN22 -0006); and Ordinance 2899, An Ordinance of the City Council of the City of Lake Oswego Amending the Lake Oswego Comprehensive Plan Map and Sensitive Lands Atlas to Designate Approximately 2.9 Acres of Resource Protection Overlay District on Two Parcels (13570 and 13580 Goodall Road); and Adopting Findings (LU 22-0015). Evan Boone, City Attorney Pro Tem, read the parameters of a quasi-judicial annexation with a land-use component, which would similarly apply to Item 6.3 on the Agenda. Paul Espe, Associate Planner, stated five properties were being considered for annexation and provided the following comments on the annexations: • Two of the properties, 4774 Oakridge Road, and 13581 Fielding Road, were being processed as expedited annexations and were expected to be approved through the Consent Agenda. Staff would not discuss those properties unless there were specific questions. • The annexations of 13570 and 13580 Goodall Road were being processed as a public hearing and also included a proposed amendment to the Comprehensive Plan Map and Sensitive Lands Atlas through the quasi-judicial review land use process to designate approximately 2.9 acres of resource protection overlay. Findings for the proposed map amendment had also been prepared and were available for the Council’s signature if approved and there was no additional public testimony on the item. • The annexations of the properties at 6058 Seville Avenue and 16085 Inverurie Road would also be reviewed through the public hearing process. The items would be presented at the same time and the public hearings would be opened separately. • He presented the Staff report via PowerPoint, reviewing the location of each property, Resource Protection Boundaries, Habitat Benefit Area (HBA), and the RP resources delineated through a procedure provided by the Sensitive Lands Code as part of a previous land use application, with additional comments noted as follows: City Council Regular Meeting Minutes Page 6 of 18 October 4, 2022 • When the Sensitive Lands Map was amended in 2015, some of the riparian buffers were expanded from a minimum of 30 or 25 feet for a Class I or Class II stream, to a minimum of 50 feet to offset the removal of the RP districts in the area. • The HBA designations did not limit development and did not necessarily create a conflict because the HBA development restrictions were voluntary. Property owners proposing a land division were not required to apply the HBA development restrictions unless the owner applied for HBA district incentive. • At the hearings on June 13th and June 27th, the Planning Commission considered and recommended approval of the proposed map amendments. The request had been initiated by the City that would designate approximately 2.9 acres of Resource Protection Overlay on the two parcels. • The proposed RC district was Class I wetland. The protected riparian area would be added to either side of the existing RP district. The zoning overlay would be effective upon annexation. • A map was displayed showing the requested sensitive lands amendment in Attachment A of Draft Ordinance 2899. When evidence indicated that a resource that potentially qualified for an RP or RC district designation exists on a property to be annexed by the City, the City may conduct an Economic Social Environmental and Energy (ESEE) Analysis and determine if the overlay should be designated. • In previous land uses cases, the Planning Commission had found that the City could not arbitrarily decide to conduct the ESEE Analysis. The word ‘may’ meant the analysis should be based on sound evidence of the presence of a resource. If there was sound evidence that the resource was present, ‘may’ almost became ‘shall’, but not quite. • The Planning Commission Staff report, supplemental memo and findings provided the information necessary for the approval of the proposed RP Resource Overlay. The draft City Council Findings, Attachment B to Exhibit A 1.1 for the proposed map amendment were also attached. The existing Habitat Benefit Overlay in the Comprehensive Plan and Sensitive Lands Atlas would also be designated on the Zoning Map upon annexation. • The two actions in the Application were to designate the new RP district by adopting Ordinance 2899 and then applying both the zoning and the newly minted RP designations by adopting Ordinance 2898 for the annexation. Mr. Espe continued with the Staff report on the annexation of the two Goodall Road Properties, which were under Clackamas County jurisdiction and zoned Low Density Residential. The properties were designated R-15, Low Density Residential on the City of Lake Oswego’s Comprehensive Plan Map and would be zoned R-15 upon annexation. The RP Overlay would also be designated, as stated previously. The presentation noted the location of sanitary sewer lines, water, and fire hydrants. Mayor Buck asked for confirmation the amended 2.9 acres of the Sensitive Land Atlas was shown on the map in blue and were not the green shaded HBA areas. Mr. Espe replied the HBA area was already designated on the Comprehensive Plan and would be applied to the property upon annexation, similar to the zoning designations that were already pre-ordained. Mayor Buck asked if the development potential referred to in the Staff report was all along the frontage of Goodall Road, given the overlay. Mr. Espe replied the clear areas along the frontage of Goodall Road would be available, and the HBA areas in the rear would be available as well. City Council Regular Meeting Minutes Page 7 of 18 October 4, 2022 Councilor Wendland asked if the blue area could be crossed over to get to the green area. Mr. Espe replied there could be application processes available for the applicant to provide limited access to the rear of the property. The Sensitive Lands Ordinance allowed for crossings of the wetland in the limited areas. Councilor Wendland confirmed a house could be built in the area reached by a driveway with a bridge. Mr. Espe replied the driveway would be a culvert compatible with the existing system. Councilor Mboup asked who made the designation of a Class I and Class II stream. Mr. Espe said the classification was made on previous wetland studies the City had done to establish all of the natural resources and natural resource designations throughout the entire city. Wetland scientists used a variety of criteria to evaluate the areas and assigned a Class I or Class II rating based on those attributes. Councilor Mboup asked what the buffer would be from the riparian zone if they were to build. Mr. Espe replied for that particular designation the buffer would correspond with a 50-foot buffer and the striped area shown on the map displayed. Mr. Boone stated there was no construction setback from the riparian boundary, unlike the stream corridor where there was a construction setback. Mr. Espe clarified there was a 10-foot construction setback for the riparian boundary. Mayor Buck confirmed the setback began at the edge. Councilor Manz asked if someone were to build a bridge and wanted to develop the HBA, would they be able to create two lots or more out of the HBA. Mr. Espe said the last pre-application he looked at had a conceptual plan that provided for eight or nine lots for the entire site, which included lots that could be put on the HBA. Councilor Manz asked how many lots could be put within the HBA. Mr. Espe was not sure exactly how many lots could be within the HBA, but throughout the entire site, but the consultant had calculated 8 to 9 lots. Councilor Manz questioned if the lot off 7-O and 8-O would be considered a flag lot. Mr. Espe agreed it was possible the City may need to rely on flag lot standards to establish some of the parcels in the back which could possibly limit the number of lots. Mayor Buck confirmed Mr. Espe would present the other Staff reports before the hearings. Mr. Espe presented the Staff report on 6058 Seville Avenue and noted the location, current jurisdiction and zoning of each property, along with the zoning designation upon annexation and available water and sewer services. The annexation of 16105 Inverurie Road had received one comment in opposition from David Brown dated October 3, 2022, which was entered into the record as Exhibit F-200. He summarized Mr. Brown’s concerns and provided Staff’s response as follows: • The construction impacts as they relate to traffic and road improvements, access easements to 16105 Inverurie Road, tree removal, and other infrastructure costs would be addressed at the time of the future development review of the property and the construction. Those issues would be looked at during the subdivision analysis and impacts related to the future development of the property were beyond the scope of the annexation application this afternoon. • Regarding annexation policy and sewer costs, the City’s current policy was a friendly annexation policy. Annexation application for individual homeowners were on a voluntary basis and annexations were often required because of the need to switch from a septic tank City Council Regular Meeting Minutes Page 8 of 18 October 4, 2022 to sanitary sewer system. In the case of 16085 Inverurie Road, the owners wished to connect to sewer and develop the property. The property owner would be responsible for all costs incurred for sewer and other infrastructure needed to support future development. • A homeowner would need to connect to the sanitary sewer system if the system was legally and physically available and within 300 feet of the property. Homes could remain on septic systems as long as the septic remained functioning. • Annexation into the city would result in a property tax increase of approximately 10 percent, give or take, depending upon the valuation of that particular property. • The Comprehensive Plan Map’s Residential Land Use designations were based on the Housing Needs Analysis. The designations matched the corresponding Zoning Map designations in the Urban Services Boundary identified in the Comprehensive Plan. The housing densities were set and provide for regional housing needs as outlined in the Findings under Goal 10 in Attachment B. • With regards to the property being contiguous to the city boundary, the section of Inverurie Road along the property frontage was being annexed into the city and would extend to the city boundary at the southern property line of 16034 Inverurie Road, allowing the property to be contiguous by a small cherry stem through Inverurie Road. • The maintenance jurisdiction and permitting authority of that section of roadway would remain with Clackamas County until more of Inverurie Road was annexed, whereupon the City would take over maintenance jurisdiction. • The two additional people added as a result of the annexation would only have a minimal impact on the TriMet mass transit. • The incorrect reference to Seville Avenue on Page 10 of the annexation was a typo and should instead refer to Inverurie Road. • Mr. Brown had noted concern that the easement rights were not protected by the annexation and past and future maintenance and improvement costs he had incurred for the easement were not addressed as part of the analysis. • Staff found that the Applicants and the two abutting properties to the south were conducted as a civil agreement between the parties and were not within the scope of the annexation application. Issues related to the property access and easement should be addressed between the private parties and/or as a part of the future land use or subdivision of the property. Mr. Espe continued the Staff report on 16105 Inverurie Road and noted the location, current jurisdiction and zoning of each property, along with the zoning designation upon annexation and available water and sewer services. Staff found that the properties were within the Urban Services Boundary, and public services could be provided in a timely, orderly, and efficient manner. In addition, Staff found that the proposed annexation and Sensitive Lands Map amendment were timely and recommended approval for all of the proposed actions this afternoon. Mayor Buck confirmed Mr. Brown, the property owner at 16105 Inverurie who sent Exhibit F-200, accessed his residence through a private easement agreement. Mr. Espe replied he had not seen the easement, but the access would have been granted either through a handshake agreement or a recorded easement. Land-locked properties were very uncommon. Mr. Boone noted any annexation would not affect individual property rights. The annexation was a transfer of jurisdiction from the County to the City and did not affect the legal rights of any party. City Council Regular Meeting Minutes Page 9 of 18 October 4, 2022 Mr. Espe noted the City would inherit the issues to deal with during the land use process. Mayor Buck opened the public hearing on Ordinances 2898 and 2899 and confirmed there was no public testimony. Mr. Boone corrected a previous statement he had made to Councilor Mboup. For the RP district there was a construction setback, whether it was a stream corridor or a wetland. The setback was 10 feet for new structures, parking areas, active use recreation facilities, streets and driveways, and 3 feet for accessory structures, decks, and similar outdoor facilities. The setback prevented construction into the resource. Councilor Wendland moved to enact Ordinances 2898 and 2899. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland voting ‘aye’, (7-0). 6.3 Ordinance 2906, An Ordinance Annexing to the City of Lake Oswego one Parcel, Consisting of 0.52 Acres at 6058 Seville Avenue; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5.a-c; and Removing the Territory from Certain Districts (AN 22-0009). Mayor Buck opened the public hearing on Ordinance 2906. Mr. Boone confirmed all present had heard the previous parameters of the hearing process and that no Councilor had any ex parte contacts, financial conflicts of interest, or bias to declare. Mayor Buck closed the public hearing on Ordinance 2906. Councilor Wendland moved to enact Ordinance 2906. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland voting ‘aye’, (7-0). 6.4 Ordinance 2907, An Ordinance Annexing to the City of Lake Oswego Three Parcels Consisting of 1.30 Acres at 16085 Inverurie Road (21E07CA00700, 21E07CA01000 and 21E07CA01001) and the Public Right-of-Way; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5.a-c; and Removing the Territory from Certain Districts (AN 22-0010). Mr. Boone confirmed all present had heard the previous parameters of the hearing process and that no Councilor had any ex parte contacts, financial conflicts of interest, or bias to declare. Mayor Buck opened the public hearing on Ordinance 2907, confirmed there was no public testimony, and closed the public hearing. Recognizing someone wanted to comment, he reopened the public hearing for testimony. Haylee Carlston, 16005 Inverurie Road, stated the purpose of annexing the properties was for the road to be part of the City of Lake Oswego and possible future development. Her concern was with the rain runoff. If that road became part of the City, paving it would trigger more than 1,000 City Council Regular Meeting Minutes Page 10 of 18 October 4, 2022 square feet of pavement. The road or cherry stem as Mr. Espe called it, was exactly 20 feet from property line to property line, the width required for emergency vehicles but with no wiggle room. Paving the road would trigger the requirement for runoff infrastructure as no runoff infrastructure was in place currently on Inverurie Road for it to tie into. The closest would be Bonaire Avenue, two streets over. She also noted that not seen in the picture, but just seven parcels away, was designated wetlands, so, it was already in a very special area for runoff. A French drain was already on her entire property, but it still got very boggy. She would like Council to consider the proximity to wetlands and the implications of paving roads and adding urban structures in that area Mayor Buck thanked Ms. Carlston for her testimony and assured her he did not think the road would be paved any time soon. He confirmed there was no further testimony and closed the public hearing. Mr. Boone confirmed there was no request from the public to present additional evidence. Mayor Buck moved to tentatively approve Ordinance 2907 and direct staff to return with a final Ordinance and Findings, Conclusions and Order on October 18, 2022. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland voting ‘aye’, (7-0). 7. CONSENT AGENDA 7.1 Ordinance 2904, An Ordinance Annexing to the City of Lake Oswego one Parcel Consisting of 0.29 acres at 4774 Oakridge Road; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5.a-c; and Removing the Territory from Certain Districts (AN 22-0007). 7.2 Ordinance 2905, An Ordinance Annexing to the City of Lake Oswego on Parcel Consisting of 0.41 acres at 13581 Fielding Road; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5.a-c; and Removing the Territory from Certain Districts (AN 22-0008). 7.3 Resolution 22-34, A Resolution of the City Council of the City of Lake Oswego Authorizing the City Manager to sign an Intergovernmental Agreement with Clackamas County to Support an Event for Indigenous People’s Day. 7.4 Resolution 22-30, A Resolution of the Lake Oswego City Council Creating an Ad Hoc Housing Production Strategy Task Force, and of the Council Members Approving the Mayor’s Appointments to the Ad Hoc Housing Production Strategy Task Force. END CONSENT AGENDA Councilor Manz moved to adopt the Consent Agenda. Councilor Mboup seconded the motion. City Council Regular Meeting Minutes Page 11 of 18 October 4, 2022 Mr. Boone noted a typographical error in referencing the LOC in Ordinances 2904 and 2905 which he entered into the record as follows “LOC 5010045.5. 50.01004.5 A through C”. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland voting ‘aye’, (7-0). 8. ITEMS REMOVED FROM THE CONSENT AGENDA No items were removed from the Consent Agenda. 9. CONSENT AGENDA – Councilors Only 9.1 Resolution 22-35, A Resolution of the City Councilors of the City of Lake Oswego Approving Appointments to the Library Advisory Board. Councilor Mboup moved to adopt the Consent Agenda. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland voting ‘aye’, (6-0). Mayor Buck welcomed the newly appointed Library youth advisors Genevieve Nguyen and Alternate Alison Korkola. Council took a break from 4:06 p.m. to 4:16 p.m. 10. STUDY SESSION 10.1 Municipal Golf Course Update Ivan Anderholm, Parks and Recreation Director, presented an update on the Municipal Golf Course Renovation project via PowerPoint, summarizing the project’s background, key design components, and current status. He noted the City had awarded a design/build contract and moved through Phase 1 of the project, which consisted of design, engineering, and the land use process for all three components of the course. The contract was awarded in 2020 at $3.3 million for all aspects of the project, including the design, engineering, land use and building. However, the new estimate received in April was $6.7 million. After receiving the estimate, the Department worked with the contractor, design team, and internally to determine the reasons for the unexpected cost estimate and after researching other golf courses, Staff believed the new estimate was in line with what the City could expect. Upon investigation, Staff was able to identify alternative delivery methods that would save substantial costs, but they had not been to work with the contractor to pursue those alternatives. • The cost presented to Council this evening represented the price tag for the current contractor to prepare the site for a future maintenance building with grading and utility lines. As development of the golf course moved forward, Staff wanted to look at alternative methods for the maintenance facility and examine the City’s approach to maintenance; for example, the Department was considering using the maintenance office for employees maintaining the golf course. City Council Regular Meeting Minutes Page 12 of 18 October 4, 2022 • Staff proposed returning to Council with an adjustment to the original design/build contract, increasing the design/build contract by $900,000 to complete the golf course, the driving range renovation, and make the maintenance site construction ready. • He was confident Staff could return with something on the construction of the maintenance facility that would be much more affordable than $1.6 million and still be able to maintain the course. • The contractor was concerned about material pricing if the project did not move soon. More importantly, from an operations standpoint, it was important to get the course seeded as soon as possible. If the City could commence construction and seed the course, the golf course and recreation center would have the same opening date; however, if the growing season was missed, the golf course opening would be delayed. The worst thing would be to open the golf course too soon and damage the turf which could result in turf issues for the lifespan of the course. • A breakdown of the costs was included in the Councilor’s packets. Items highlighted in red denoted the value engineering the City was able to negotiate with the tree protection/removal, tree protection fencing, and other items to be completed in-house with the 1.6 full-time employee (FTE) dedicated to the golf course. • He clarified the seeding would begin in the spring of 2023 to get a full season of grow in. The course wouldn’t necessarily open in February 2024 if the conditions were too wet, but the course should have grown in by spring 2024 to allow the course to open, which coincided with the early spring 2024 estimate for completion of the Recreation and Aquatic Center. Mayor Buck acknowledged the estimates were a surprise and thanked the Parks and Recreation Department for its creative work in keeping the project feasible. It was wonderful that the City was able to invest in a municipal golf course when golf seemed to be a decline, but now, people of all ages and backgrounds were getting involved in golf and enjoying the time outside. It would be a wonderful course, and he appreciated the Department thinking outside the box to bring the project within a feasible budget. Councilor Rapf complimented Staff on the amazing job of finding efficiencies in the maintenance and office space; it was smart and thoughtful. If the Department did not have a maintenance space at the golf course, it should ensure it had adequate space to protect tools and machines from the elements and prolong the equipment’s useful life. Even a nearby roof would not cost very much and still keep things dry and protected. Both he and his wife, who was raised in Beaverton, grew up knowing about the “Puny Muni”. The City needed to remember the project was not just for Lake Oswego but was the voice of Lake Oswego into every other neighborhood and community within the Portland metro area. The project needed to be done right because it was the City’s extension into sport, youth, and older communities. Like the skate park, the City needed to offer these resources to be an active community. He fully supported the project and believed it should be done at the highest level the City could afford. In hindsight, the City should not have closed the course as early as it did, but the City just had to move forward. The project was a great opportunity for Lake Oswego and its neighbors. Mr. Anderholm explained the greens would average about 12,000 square feet, which was about as big as the current largest golf green. Designer Dan Hixson did not like multi-level greens but did like undulating greens. The course would not have push-up greens, which were greens built on top of native soil and then pushed out into domes. The holes would undulate with the natural terrain. City Council Regular Meeting Minutes Page 13 of 18 October 4, 2022 Councilor Mboup asked what percentage the costs had increased and whether the increase was due to inflation. Mr. Anderholm confirmed some of the cost increase had to do with inflation. The contract was awarded in December 2020 and there was high volatility into the third or fourth quarter of 2021 in all of the trades though some trades had some stabilization. The price increase had to do with supply chain. There was about a mile of PVC pipe for the irrigation system, as well as about 3,200 sprinkler heads throughout the entire complex and the scale of required materials did encounter supply issues. In addition, the work involved moving large amounts of earth with large machinery and the contractor was being very cognizant of fuel prices. There was also some uncertainty, which was why Staff recommended that the contractor not move forward with the maintenance building. The contractor could not control the cost of the maintenance building since they would be hiring the work out to a subcontractor. There was still some periodic volatility in the building industry market. For those reasons, Staff recommended looking at alternative methods to deliver the maintenance building as well as alternative methods to accomplish maintenance on the facility and utilize the other facility nearby to accommodate the Department’s needs. Councilor Mboup had heard criticism about the size of the proposed design being only 9 instead of 18 holes. Mr. Anderholm replied the City had looked at the relative cost and benefit of the golf course for years. The market for a Par 3, 18-hole course was limited to those learning the game and older players but cost the City more in terms of maintenance given the 18 sets of greens and tee boxes to maintain. Reducing the number of holes, lengthening three holes into Par 4, and modernizing the design of the course would open up the market to more people who lived in Lake Oswego and wanted to play a 9-hole round where they lived. Councilor Mboup confirmed schools could rent the new pool facilities. Mr. Anderholm added the new aquatic center would go from 8 narrow lanes to 15, 25-yard lanes; 12 lanes would be cool water and 3 would be warmer water. The Center would be able to accommodate more swim lessons and groups from within the community. Councilor Manz asked if the golf course could be rented. Mr. An derholm replied the business model would be very similar to what the City had with the 18-hole course so times would be available for corporate retreats and different events. The high school golf teams would also benefit from the new course as the 1,600-yard design and multiple tee box locations would accommodate both JV and varsity matches to be played. Councilor Manz thanked Mr. Anderholm and his team, noting their work bringing the costs into line was extraordinary and their work to utilize the recreation side was creative. She felt comfortable moving the project forward. Councilor Wendland said he was excited about the project, which would be a fabulous facility for Lake Oswego. He was extremely happy about the driving range because it was a revenue generator and would help offset the cost of the golf course. He had confidence the City could run the whole center, including the Lake Oswego Recreation & Aquatic Center (LORAC), very efficiently because the Department had put things together in a very well thought out way. He asked if the driving range would operate year-round with covers and heaters. Mr. Anderholm replied there would be 16 covered and heated hitting bays and three uncovered bays. The setup would be similar to the current driving range with an additional covered bay because the far west end of the range would be reconfigured, and the ball machine would be moved to a more midpoint in the range. Councilor Wendland asked about any potential cost-saving synergies in the initial grading for the LORAC and golf course. Mr. Anderholm replied 10,000 and 12,000 cubic yards of excavated soil from the LORAC would be utilized on the golf course, in particular to level out the driving City Council Regular Meeting Minutes Page 14 of 18 October 4, 2022 range which currently had a hill at about 90 yards. Some of the soil would be used to help build the berm to protect the north end of the driving range from water runoff. Councilor Wendland believed there would be many synergies between the projects and this fabulous corner of Lake Oswego would be well utilized and appreciated by our citizens and outlying communities. The cost increase was still low, and the City was getting a great value. The City should invest what it needed to make the facility revenue friendly; if a bit more was spent in capital, the operating expenses would be less and hopefully reduce or eliminate any subsidy from the City. The City should move forward as soon as it could. Mr. Anderholm replied the anticipated timeline had the aquatic and recreation center and golf course opening early spring of 2024. Councilor Wendland added there would be nice spaces between the club house and aquatics center for different events, including wedding receptions. The project was very well planned out and he appreciated all of Mr. Anderholm’s help as well as the help of the committee working on both projects. Mayor Buck asked if the course had been redesigned to reduce annual maintenance costs and improve the condition of the turf. Mr. Anderholm replied the City was maintaining many of the Douglas fir and native species stands on the course, but many of the trees planted in when the course was developed in 1966-1967 would be removed as they were very narrowly spaced along the fairways because the design standard at the time was to use plantings to achieve safety. Reducing the number of trees was a major component Dan Hixson had brought into the design. The tree canopy had grown over the years and many of the fairways, greens, and tee boxes went from being in the sun to almost completely shaded most of the day making it difficult for the grass to grow. The redesigned course would be more open and easier to maintain. Additionally, the City currently spent $120,000 to $150,000 per year on water for the course. However, the system was installed in the 1960s and irrigation technology had changed a lot, so the City anticipated greater efficiencies with the new system which was designed to put water where it was needed on the fairways, greens, and tee boxes. Mayor Buck noted in addition to removing trees, the City would plant 134 trees. Mr. Anderholm replied some trees would be used at the north end of the course to mitigate residents’ concerns about the placement of the first green and the extension of the driving range. Throughout the course, new pockets of trees would be planted in the right places, not in areas that would shade out the most important parts of the course as the trees matured. Mayor Buck added the school district had its women’s team practice at the “Puny Muni” while the men’s team practiced at the Country Club. When the new course opened, the City should make sure the women’s team was first in line for practice. Mayor Buck confirmed the Council was in agreement to move forward with the proposal. Mr. Anderholm said the project would return before Council on October 18th as an amendment to the original contract. 11. COUNCIL BUSINESS 11.1 Adopting Findings, Conclusions and Order for AP 22-03, Appeal of the DRC’s decision on Type II Tree Removal Permit 499-22-00160-TREE at 529 8th Street. Evan Boone, City Attorney Pro Tem, stated the Council’s public hearing for AP-22-03 at 529 8th Avenue for Tree Permit 160 was held on September 6th and the Council concluded its deliberation on September 20th. The vote was to tentatively approve the tree removal permit with conditions and deny the appeal. Draft findings had been submitted for the Council’s consideration to formally approve the tree permit. At the last meeting, a general declaration of ex-parte City Council Regular Meeting Minutes Page 15 of 18 October 4, 2022 communication was made for three emails. Council Mboup declared a bias and recused himself from participation and no member declared any financial conflict of interest. Mr. Boone confirmed no Councilor wished to declare any additional ex-parte communication, bias, or financial conflict of interest. Mr. Boone stated since Councilor Mboup had declared his bias, he would not be participating in the vote. Councilor Rapf moved to adopt the Findings, Conclusions and Order for AP 22-03. Councilor Wendland seconded the motion. A roll call vote was held, and the motion passed, with Mayor Buck and Councilors Rapf, Manz, and Wendland voting ‘aye’, Councilors Nguyen and Verdick voting ‘no’, and Councilor Mboup abstained (4-2-1). 11.2 Adopting Findings, Conclusions and Order for AP 22-04, Appeal of the DRC’s decision on Type II Tree Removal Permit 499-22-00158-TREE at 541 8th Street. Councilor Rapf moved to adopt the Findings, Conclusions and Order for AP 22-04. Councilor Wendland seconded the motion. Mr. Boone noted the Council held a public hearing, completed its deliberations at the prior meeting on September 6th, and then tentatively directed Staff to prepare written findings to approve the application and deny the appeal with conditions. He confirmed Councilor Wendland, who was not present at the September 6th meeting, had reviewed the written record and the testimony of the Applicant and interested persons by reviewing the video record of the proceedings and the written material and did not need to declare any bias or financial conflict of interest. A general declaration of ex-parte communication was declared on behalf of all the Councilors for the September 9th email from Cynthia Corbett, the September 8th email from Mark and Leah Puhlman, and the September 8th email from Mark Puhlman. Copies of the emails were available at the sign-in desk. Each Councilor affirmed they did not consider any ex-parte communication in their deliberation and no Councilor needed to individually declare any ex-parte communication, bias, or financial conflict of interest. Councilors Verdick and Nguyen had voted to tentatively approve the findings on the application but were opposed in the companion case. Councilor Verdick stated she would change her vote to a ‘no’ because she realized she was basing her decision on the condition of the tree which was not a condition that could be considered. A roll call vote was held, and the motion passed, with Mayor Buck and Councilors Nguyen, Rapf, Manz, and Wendland voting ‘aye’, Councilor Verdick voting ‘no’, and Councilor Mboup abstained (5-1). 12. INFORMATION FROM COUNCIL Mayor Buck noted the City of Lake Oswego was proud to be a sponsor of Indigenous Peoples Day, which was taking place October 9th at Clackamas Community from 11 a.m. to 3 p.m. There was more information on the County’s website. • In response to earlier public testimony questioning the tree removal at Oswego Lake Country Club, he said there was some confusion in the community that the process had been City Council Regular Meeting Minutes Page 16 of 18 October 4, 2022 expedited. The removal had not been before the City Council was informed of the removal by a member of the public. Essentially, the Country Club was using the City’s Forest Management permit to remove trees. That permit did not allow for public comment or mitigation and foreclosed on the City’s ability to inquire about any safety-related issues and other concerns it may have about tree removal at a golf course that may not necessarily apply to a true wooded forest with a much higher canopy density. When the City adopted the Forest Management permit in 2015, it was not contemplating removal of trees on active use areas or removal for development, view enhancement, cleanup or concerns related to economics or related to course enhancement. The City did not necessarily want to deny tree removals and was responsible for management at its own golf course. In the municipal golf course redesign, which was being completed by the same designer doing the Country Club work, the City was removing trees but was also mitigating the tree removal since the City had gone through a regular Type II process. City Manager Bennett added the application was in process and she was reluctant to have Council members speak about the issue because they could be accused of intervening in the permitting process. She had talked about the matter with Staff and the intention of the City’s Code was to help property owners manage forested tracts as forested tracts and not convert forested tracts to other uses. There would be some Staff-level conversations with the Country Club about the policy intentions of the Code. Depending on the outcome of those conversations, Staff would revisit the issue with Council. However, she was anxious about elected officials commenting on whether an in-process application met Code requirements before Staff had done their work with the Applicant to reach a conclusion. She asked for everyone to be patient adding she had taken down the names of those who testified about the tree removal earlier and Staff would follow up with them. No permit had been issued; the matter was only discussed. The City should recognize the Country Club owned 60-plus acres of land, 18 of which were forested, and the City needed to work collaboratively with the Country Club to make sure they managed and maintained their forested lands. She acknowledged the passion surrounding the issue, however the City had to administer the existing Code and not a Code it did not have. She would update Council with the outcome and then there could be a conversation about whether the Code should be changed. Councilor Wendland noted the wonderful presentation on the tree inventory at the last Parks and Recreation meeting and encouraged all Councilors to watch it. Next to Durham, Lake Oswego had the most tree coverage in the Portland metro area. The city had almost 50 percent tree coverage, which reflected the many people involved and trees that had been planted to make the canopy. The City had increased its tree coverage from 2015 and 2019 due to many of the policies. There had been an ice storm and some building development, but the tree canopy had grown. There would eventually be a presentation to City Council about the tree canopy. Councilor Mboup noted if property owners continued to remove trees there would be no more trees. The City should not allow blanket removal of trees and the Tree Code should be revisited. Mayor Buck noted TriMet had announced some system changes. The City Manager and the Mayor had invited TriMet to speak to Council about what the changes meant for Lake Oswego. Two lines would be removed but other lines would be enhanced. LO for Love, in partnership with the AAPI Club at Lake Ridge High School, was putting on a Diwali Celebration on Sunday, October 23rd from 2 p.m. to 5 p.m. Councilor Wendland asked if the City Council could get TriMet to propose a service for Lake Oswego. City Council Regular Meeting Minutes Page 17 of 18 October 4, 2022 Mayor Buck replied that TriMet was doing something through the business recovery centers. Ms. Bennett said there were other communities with circulators. TriMet’s comment period was open in the month of October and Council could make comments. Some folks lost out, like those who rode Bus 36 along South Shore; however, that bus had the lowest ridership in the entire system, so it was understandable why TriMet was stopping that service. Other parts of the community would be big winners, such as the 7-day service on Boone’s Ferry, which the City had never had. The City needed to have a measured reaction to what TriMet proposed. Councilor Wendland said TriMet had to start thinking outside of the box to have a transit system that served a centralized group that did not exist anymore. Ms. Bennett replied TriMet was doing that in other parts of the region so Lake Oswego’s comments to the agency would be consistent with what was being done in Hillsboro and Gresham where there would be more north/south service and trying to connect employment areas as opposed to the present hub and spokes model. 13. REPORTS OF OFFICERS Ms. Bennett noted the library would be closed for an in-service day on October 10th. She acknowledged Charity Taylor who had started at the City as a Kincaid Intern and became a Management Analyst at the conclusion of her internship. One thing Ms. Bennett liked about the organization was the internship opportunity and interns often found places within the organization. Ms. Taylor had been a superstar in that program. Since she had been at the City, she had worked on the Luscher Farm Master Plan, which was a very challenging project with many passionate feelings. She staffed the DEI taskforce in 2020. She also staffed the Community Dialogue on Policing in 2021, following up on the DEI work which she handled with diplomacy, tact, and care. She also staffed the Youth Council, who all loved her. She recently worked on the the ARPA Grants. Ms. Bennett thanked Ms. Taylor for all her work and wished her the best of luck at United W ay. She had been tasked with some very high-profile projects in her time at the City that made it a better organization. Mayor Buck commented that hundreds of people worked for the City and the Council interacted with only a few. The Council wished it could interact with more since so many were as just as wonderful as Ms. Taylor, whom Council had been fortunate to work closely with over the years. Councilor Mboup thanked Ms. Bennett for recognizing Ms. Taylor and noted only the great people recognize great people. 14. ADJOURNMENT Mayor Buck adjourned the City Council meeting at 5:24 p.m. Respectfully submitted, _____________________________ Kari Linder, City Recorder City Council Regular Meeting Minutes Page 18 of 18 October 4, 2022 Approved by the City Council on ____________________________ Joseph M. Buck, Mayor 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Declaration of the Vote for the November 2022 General Election Meeting Date: December 20, 2022 Report Date: December 9, 2022 Staff Member: Kari Linder, Elections Officer | City Recorder Department: City Manager’s Office Action Required Advisory Board/Commission Recommendation ☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction ☒Consent Agenda Staff Recommendation: Approve the 2022 Declaration of the Vote. Recommended Language for Motion: Move to approve the 2022 Declaration of the Vote. Project / Issue Relates To: Issue before Council (Highlight Policy Question): ☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable BACKGROUND Following each General Election, the Council is presented with the Declaration of the Vote. The Declaration of the Vote for the Tuesday, November 8, 2022 General Election follows this report, along with the abstract of the vote from Clackamas, Multnomah, and Washington Counties. 6.4 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY DISCUSSION The results show Ali Afghan, Trudy Corrigan, and John Wendland receiving the three highest number of votes for the office of City Councilor. They will begin four-year terms beginning on January 1, 2023 through December 31, 2026. RECOMMENDATION Approve the Declaration of the Vote. ATTACHMENTS 1. 2022 Declaration of the Vote 2. Abstracts from Clackamas, Multnomah, and Washington Counties ATTACHMENT 1 ATTACHMENT 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Resolution 22-28, Adjusting the Compensation for Charter Officers Meeting Date: December 20, 2022 Report Date: December 8, 2022 Staff Member: Megan Phelan, Assistant City Manager Department: City Manager’s Office Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded ☒Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction ☒Consent Agenda Staff Recommendation: Approve Resolution 22-28, adjusting the compensation for Charter Officers. Recommended Language for Motion: Move to adopt Resolution 22-28. Project / Issue Relates To: Charter Officer Compensation Issue before Council (Highlight Policy Question): Shall the City Council adjust the compensation for Charter Officers? ☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable BACKGROUND The City of Lake Oswego has three Charter Officers: City Manager, City Attorney, and Municipal Judge, whose salaries are reviewed and set annually by the City Council. In general, recommendations on employee compensation are based on market data and internal equity. 6.5 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY DISCUSSION Consistent with other City management staff and represented employee groups, it is recommended that Council provide a 4% cost of living adjustment (COLA) for the Charter Officers. In addition, it is recommended that the City Manager and City Attorney receive an increase to their monthly VEBA contribution, from $50.00 a month to $100.00 a month, effective January 1, 2023. This increase is consistent with the VEBA contribution increase Council approved for other City management staff effective July 1, 2022. FISCAL IMPACT Compensation adjustments as proposed have a minimal fiscal impact. RECOMMENDATION Approve Resolution 22-28. ATTACHMENTS 1. Resolution 22-28 RESOLUTION 22-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ADJUSTING THE COMPENSATION FOR CHARTER OFFICERS. WHEREAS, the City of Lake Oswego annually reviews and considers the salary rates of its Charter Officers for possible adjustments; and WHEREAS, internal market data supports a wage increase for the Charter Officer positions in order to stay competitive; NOW THEREFORE, BE IT RESOLVED, that: 1. The Charter Officers are granted a cost of living adjustment (COLA) increase of 4% effective January 1, 2023. 2. The City will make a monthly contribution of $100.00 into the VEBA account for the City Manager and the City Attorney. This resolution shall take effect upon passage. Approved and adopted by the City Council of the City of Lake Oswego at a regular meeting held on the 20th day of December, 2022. AYES: NOES: ABSTAIN: EXCUSED: __________________________ Joseph M. Buck, Mayor ATTEST: ___________________________ Kari Linder, City Recorder APPROVED AS TO FORM: _____________________________ Evan Boone, City Attorney Pro Tem ATTACHMENT 1 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Resolution 22-38, Initiating Proceedings to Vacate a Portion of a Hazel Road Located Southerly of 2301 Hazel Road. Meeting Date: December 20, 2022 Report Date: December 9, 2022 Staff Member: Erica Rooney, P.E., Public Works Director & City Engineer Todd Knepper, P.E., Engineering Program Supervisor Department: Engineering Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded ☒Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction ☒Consent Agenda Staff Recommendation: Adopt Resolution 22-38, to initiate required notice of a street vacation public hearing to be held on January 17, 2023. Recommended Language for Motion: Move to adopt Resolution 22-38. Project / Issue Relates To: Issue before Council (Highlight Policy Question): ☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable ISSUE BEFORE COUNCIL Shall the City initiate a street vacation proceeding pursuant to ORS 271.130 for the benefit of the Lake Oswego School District (“District”) regarding for the most westerly end of Hazel Road? 6.6 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY EXECUTIVE SUMMARY Engineering staff proposes this street vacation pursuant to an expansion of the Lake Oswego High School to add an outdoor classroom and greenhouse (and other amenities), per LU 22- 0016 approval, with conditions of approval. Staff believes the vacation would be of benefit to both the District and the public by addressing the Hazel Road “turnaround.” Adoption of Resolution 22-38 would result in public notice of a street vacation public hearing before the Council on January 17, 2023. As a City-initiated street vacation pursuant to ORS 271.120 and .130, the Council may approve the vacation if in the public interest unless: 1. Owners of a majority of the area affected object in writing thereto, or 2. The market value of an abutting property is substantially affected by the vacation and the property owner does not consent to the vacation, unless the city provides for paying damages. Staff believes that the vacation is in the public interest and that neither circumstance will be shown to exist. BACKGROUND Hazel Road is a public street that currently terminates at the west boundary of 2301 Hazel Road. The current configuration of the Hazel Road right of way allows access from Goodall Rd. to existing dwellings along the easterly portion of Hazel Road, 2301 Hazel Road (a dwelling on it was demolished after it was purchased by the District in 2018), and the current Lake Oswego Page 3 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY High School campus (the parcels westerly and southerly of the right of way proposed to be vacated), as depicted on Exhibit 1 of Attachment 1. On October 3, 2022, the Development Review Commission approved the District’s request (LU 22-0016) to expand the existing Lake Oswego High School Conditional Use Permit to include 2301 Hazel Road, and add minor public facilities (greenhouse, outdoor classroom, landscaping, and parking) on 2301 Hazel Road and the area of Hazel Road proposed for vacation. To construct the improvements as approved, the subject (west) portion of the Hazel Road right of way will need to be vacated. Condition of Approval A(2) requires applicant (the District) to: “apply for and obtain from City Council a street vacation of the public right of way area currently within the development site. Note: The Engineering staff will recommend that if vacation is to be approved in a separate proceeding, that the applicant record an agreement/easement that the Hazel Road driveway entrance will not be blocked and that the public may use the parking lot for a turnaround, to the satisfaction of the Engineering Staff.” 1 At the “legal” end of Hazel Road, a driver would be required to execute a multi-point turnaround. However, currently drivers continue past the end of Hazel Road, into the high school campus, and either turn around within the school parking lot or drive through the parking lot to Country Club Road, by virtue of the District’s permissive use. If the vacation is approved, a separate process will consolidate the District’s four tax lots (current campus and 2301 Hazel Road2) and the vacated portion of Hazel Road. DISCUSSION Engineering staff supports the initiation of the street vacation proceeding by the City Council because the subject portion of Hazel Road, now surrounded by the high school campus, is not necessary for a future extension of the public right of way. The question at a future public hearing on the street vacation is whether the vacation of the subject right of way of Hazel Road is in the “public interest.” Resolution 06-56 Resolution 06-56 (Attachment 2) states City policy that values the retention of public right of way, prohibiting vacation except in certain circumstances, including when: “a. Special circumstances relating to a right of way make it incapable of being used for right of way purposes; *** 1 The Condition continued with: “(Approval of the development and the site plan does not constitute a determination of whether or not the right of way proposed by the applicant to be vacated should, in fact, be vacated; that is a decision for the Council and is subject to separate statutory criteria.) 2 21E04CB00100, 21E04BC01400, 21E04BC01500 (current campus), and 21E0500500 (2301 Hazel Road), Page 4 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY c. Vacation is coupled with dedication of additional right of way in order to achieve more logical or useful right of way boundaries or routes; or d. The City Council finds that vacating a right of way serves the public interest.” Engineering staff believes that each of these three circumstances would be met by the proposed street vacation. “a. Special circumstances relating to a right of way make it incapable of being used for right of way purposes; d. The City Council finds that vacating a right of way serves the public interest.” The subject right of way is not capable of being used for right of way purposes and its vacation appears to be in the public interest because: 1. The District owns the property northerly, westerly, and southerly of the subject right of way, and it is planning to consolidate the site for development purposes; 2. There does not appear to be a future need for a public right of way within the high school campus; 3. There are no plans for the Hazel Road right of way to be extended through the high school campus; 4. The subject portion of the Hazel Road right of way does not connect directly to any other public streets or public alleys; and 5. The public interest may be facilitated by further development of the Lake Oswego High School, as envisioned in the LU 22-0016 approval for an outdoor classroom and greenhouse. (c) Vacation is coupled with dedication of additional right of way in order to achieve more logical or useful right of way boundaries or routes The existing Hazel Road right of way currently enables an alternate access to the Lake Oswego High School campus. However, the “legal” end of the Hazel Road right of way does not allow for an appropriate turnaround area for non-District public traveling westerly on Hazel Road. The District has been permitting the general public to enter its campus parking area to use as a turnaround. To formally allow for continued site access, and to facilitate a more functional boundary for public turnaround purposes, through the LU 22-0016 conditions of approval the District has agreed (and is conditioned) to formalize and record a public easement and agreement for vehicle turnaround. ORS 271.080 and ORS 271.180. A street vacation proceeding may be initiated by either: • The City Council on its own motion (ORS 271.130). Following the public hearing, the vacation can be approved unless a majority of the owners in the “affected area” object in writing. The “affected area” is 200 ft. out from the street and a distance of 400 ft. Page 5 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY beyond the ends of the area to be vacated. (ORS 271.080). If the vacation will substantially affect the market value of property abutting the street, and the vacation ordinance is to be adopted, there must be a provision for paying damages. Whether there would be a need to provide for payment of damages will be determined at the public hearing. • A property owner (ORS 271.080). A property owner initiates a vacation proceeding by filing a petition with the consent of the property owners abutting the proposed vacated street, and at least two-thirds of the owners in the “affected area.” Per ORS 271.120, at the public hearing, the Council must determine “whether the public interest will be prejudiced by the vacation of such plat or street or parts thereof.” Approving this Resolution to initiate the vacation proceeding does not bind the Council to approval, as the Council must find after the public hearing that the “public interest” requirement of ORS 271.120 is met. LU 22-0016 Although the Council’s decision-making process is not bound per footnote 1, proceeding with the proposed vacation would be acting in good faith with Condition A(2) of LU 22-0016, to secure an easement and agreement for a formal right of public turnaround within the Lake Oswego High School campus parking area. ALTERNATIVES OR ADVANTAGES AND DISADVANTAGES There are two alternatives available to the Council: 1. Deny the request for City initiation of the vacation. 2. Initiate the vacation and schedule a public hearing for January 17, 2023. FISCAL IMPACT There are no direct fiscal impacts for the City in initiating a public hearing for a right of way vacation. RECOMMENDATION Adopt Resolution 22-38, initiating the street vacation proceedings to Vacate a Portion of a Hazel Road, pursuant to ORS 271.130 for the portion of a Hazel Road, and setting a public hearing for the January 17, 2023 council meeting. ATTACHMENTS 1. Resolution 22-38, with Exhibit 1 2. Resolution 06-56 Resolution 22-38 Page 1 of 2 RESOLUTION 22-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO INITIATING PROCEEDINGS TO VACATE A PORTION OF HAZEL ROAD LOCATED AT THE MOST-WESTERLY END THEREOF, AND BEING SOUTHERLY OF 2301 HAZEL ROAD, AND AUTHORIZING THE CITY RECORDER TO GIVE NOTICE OF A PUBLIC HEARING. WHEREAS, a tract of land being portion of Hazel Road located at the most-westerly end thereof, and being southerly of 2301 Hazel Road, identified on the attached Exhibit 1 (proposed vacation area) lies within the boundaries of the City of Lake Oswego; and WHEREAS, a portion of the most-westerly end of Hazel Road was previously vacated by Clackamas County Order No. 8372, Board of County Commissioners, Book 64, Page 123, Recorded October 25, 1960 in the Official Records of Clackamas County, as Book 578, Page 664; and WHEREAS, Lake Oswego School District No. 7 (“District”) owns the property northerly, westerly, and southerly of the subject right of way, and the District is planning to combine the site for development purposes, and WHEREAS, the subject right of way does not connect through to any other public streets or public alleys; and WHEREAS, the public interest may be facilitated by further development of the Lake Oswego High School as envisioned in the District’s proposed development plan; and WHEREAS, the proposed vacation may meet City policy established through Resolution 06-56, in that the Council may find that the following circumstances may exist, following a public hearing: “a. Special circumstances relating to a right of way make it incapable of being used for right of way purposes; /// c. Vacation is coupled with dedication of additional right of way in order to achieve more logical or useful right of way boundaries or routes; d. The City Council finds that vacating a right of way serves the public interest.” WHEREAS, the City Council, pursuant to ORS 271.130, desires to initiate street vacation proceedings for the proposed vacation area, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The Council incorporates the above recitals. Section 2. Pursuant to the provision of ORS 271.130, the City Council hereby initiates proceedings to vacate a portion of Hazel Road the located at the most-westerly end thereof, and being southerly of 2301 Hazel Road, as depicted on the attached Exhibit 1. Section 3. The City Recorder shall give notice of a public hearing to be held before the City Council concerning this proposed vacation on or after January 17, 2023. Section 4. This Resolution shall be effective upon passage. ATTACHMENT 1 Resolution 22-38 Page 2 of 2 Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 20th day of December, 2022. AYES: NOES: EXCUSED: ABSTAIN: ___________________________________ Joseph M. Buck, Mayor ATTEST: ___________________________________ Kari Linder, City Recorder APPROVED AS TO FORM: ________________________________ Evan Boone, City Attorney Pro Tem HAZEL R O A D GOODALL ROADCOUN T R Y C L U B R O A DBOONES FERRY ROADTHOMA ROAD LAKE OSWEGO SCHOOL DISTRICT NO. 7 TAX LOT 21E04CB00100 LAKE OSWEGO SCHOOL DISTRICT NO. 7 TAX LOT 21E04BC01400 LAKE OSWEGO SCHOOL DISTRICT NO. 7 TAX LOT 21E04BC01400 LAKE OSWEGO SCHOOL DISTRICT NO. 7 TAX LOT 21E0500500 LAKE OSWEGO SCHOOL DISTRICT NO. 7 - 2301 HAZEL ROAD TAX LOT 21E04 - BC01500 SHIREVA DRIVE SHIREVA DRIVE SHIREVA CT. CITYO F L A K E O S WE GOORE G O N SHEET 1 OF 1 ENGINEERING DEPARTMENT DATE: DECEMBER 9, 2022 EXHIBIT 1 PROPOSED RIGHT OF WAY VACATION FILE: H:\SURVEYING SERVICES\VACATIONS\HAZEL ROAD - LU 22-0016 FOR LOHS - RES. 2022-38 & ORD. 2918\DWG\HAZEL ROAD - LU 22-0016 FOR LOHS - RES. 2022-38 & ORD.2918.DWG SCALE: 1" = 200' TRACT OF LAND WITHIN THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, CITY OF LAKE OSWEGO, CLACKAMAS COUNTY, OREGON; A PORTION HAZEL ROAD, FOREST HILLS ACRES (PLAT NO. 598); RIGHT OF WAY DEDICATION, RECORDING NO. 2003-099384 N RIGHT OF WAY VACATION BOARD OF COUNTY COMMISSIONERS BOOK 578, PAGE 664 - RECORDED 10/25/1960 PROPOSED RIGHT OF WAY VACATION PROPOSED RIGHT OF WAY VACATION & NEW TURNAROUND-ACCESS EASEMENT PROPOSED NEW TURNAROUND- ACCESS EASEMENT EXHIBIT 1 RESOLUTION 06-56 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL ESTABLISHING A POLICY ON VACATION OF PUBLIC RIGHTS OF WAY WHEREAS public rights of way are valuable community assets that serve the transportation and utility service needs of the residents of Lake Oswego; and WHEREAS it is difficult to predict the future need for currently -undeveloped public rights of way; and WHEREAS reacquisition of vacated rights of way can be expensive for the public can disrupt private development and use of property; and WHEREAS, for these reasons, the Lake Oswego City Council finds that it is in the best interest of the public to establish a policy defining and limiting the circumstances under which public rights of way will be vacated; IT IS H FREBY RESOLVED by the Lake Oswego City Council that: Section 1. It is the policy of the City of Lake Oswego that public rights of way shall not be vacated except when: a. Special circumstances relating to a right of way make it incapable of being used for right of way purposes; b. Vacation is necessary to correct errors or inconsistencies in right of way boundaries; C. Vacation is coupled with dedication of additional right of way in order to achieve more logical or useful right of way boundaries or routes; or d. The City Council finds that vacating a right of way serves the public interest. Section 2. This Resolution shall be effective upon passage. Considered and enacted at the meeting of the Lake Oswego City Council on the day of November, 2006. Page 1 of 2 — Resolution 06- 56 ATTACHMENT 2 AYES: Mayor Hammerstad, Hoffman, Graham, Peterson, Turchi NOES: McPeak EXCUSED: Groznik ABSTAIN: none Judie Hammerstad, Mayor ATTEST: Robyn ChrKtic, City Recorder APPROVED TO FORM: David Powell City Attorney Page 2 of 2 — Resolution 06-56 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Resolution 22-39, Boones Ferry Road Affordable Housing Development Solicitation Meeting Date: December 20, 2022 Report Date: December 8, 2022 Staff Member: Scot Siegel, Director Department: Community Development Action Required Advisory Board/Commission Recommendation ☐ Motion ☐ Approval ☐ Public Hearing ☐ Denial ☐ Ordinance ☐ None Forwarded ☒ Resolution ☒ Not Applicable ☐ Information Only Comments: ☐ Council Direction ☒ Consent Agenda Staff Recommendation: Adopt Resolution 22-39. Recommended Language for Motion: Move to adopt Resolution 22-39. Project / Issue Relates To: Boones Ferry Road Property/Affordable Housing Issue before Council: ☒Council Goals/Priorities: Planning for Growth and Change/Affordable Housing ISSUE BEFORE COUNCIL Whether to approve the solicitation for development proposals, “Lake Grove Affordable Housing Opportunity: Request for Qualifications and Development Concept”. EXECUTIVE SUMMARY Resolution 22-39 (Attachment 1) is for City’s approval of a Request for Qualifications and Development Concepts for an affordable housing project on the City’s Boones Ferry Road Property (“development solicitation”) (Attachment 1 – Exhibit 1). The Housing Authority of Clackamas County (HACC), Metro and the City (“the partners”) prepared the development 6.7 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY solicitation pursuant to the Intergovernmental Agreement (IGA) for Developer Solicitation and Selection approved by the partners earlier this year. (City Council Resolution 22-19) Closing on the sale of the 1.4-acre property to Metro is contingent on City-approval of the development solicitation as required by the Sale of Property IGA between Metro and the City (City Council Resolution 22-18). BACKGROUND On June 21, 2022, the City Council adopted Resolution 22-18 approving an Intergovernmental Agreement (IGA) (“property sale IGA”) for the sale of subject property to Metro for development of multifamily affordable housing contingent upon the Council’s approval of a development solicitation. Council also adopted Resolution 22-19 approving the Development Solicitation and Selection IGA between Metro, the City, and HACC. On September 20, 2022, Council adopted Resolution 22-31, amending the property sale IGA to extend the latest closing date to January 20, 2023, to allow more time for drafting the development solicitation. The Council also approved a minor amendment to the development solicitation IGA updating Metro’s financial contribution to HACC for the project. DISCUSSION The Council previously received a staff report and presentation on the development solicitation on December 6, 2022. Following the December 6 study session, staff worked with HACC and Metro to finalize the draft solicitation with the following updates: • Greater specificity regarding public engagement, including developer engagement with the Lake Forest Neighborhood Association, during the design process, • Inclusion of the City’s site feasibility study (Tahran Study) in the solicitation as resource to prospective proposers, and • Clarification that the site feasibility studies contained in the solicitation (ZGF and Tahran studies) are not binding on proposers. The Developer Solicitation and Selection meets the project requirements and priorities contained in Resolution 22-19 and is consistent with the City Council’s 2022 initiative to complete decision-making on an affordable housing development on the Boones Ferry Road Property. Resolution 22-39 authorizes the City Manager to approve minor changes to the solicitation that are consistent with the Developer Solicitation and Selection IGA. Under the property sale agreement between the City and Metro, closing must occur by January 20, 2023. RECOMMENDATION Adopt Resolution 22-39. ATTACHMENTS 1. Resolution 22-39 with Exhibit 1: Lake Grove Affordable Housing Opportunity: Request for Qualifications and Development Concept, Draft 12/07/2022 Resolution 22-39 Page 1 of 2 RESOLUTION 22-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO APPROVING A REQUEST FOR QUALIFICATIONS AND CONCEPTS FOR DEVELOPMENT OF MULTIFAMILY AFFORDABLE HOUSING AT THE BOONES FERRY ROAD STAGING PROPERTY. WHEREAS, the City of Lake Oswego supports the creation of new multi-family affordable housing options within the City, consistent with the Lake Oswego Comprehensive Plan; WHEREAS, the voters of the Metro region approved Ballot Measure 26-199 (2018), providing $652.8 million dollars in funding to build new affordable housing in the region (the “Metro Housing Bond”), of which the Housing Authority of Clackamas County (HACC) has been allocated $116,188,094 to build new affordable housing in Clackamas County, via an Intergovernmental Agreement between HACC and Metro; WHEREAS, HACC has created a Local Implementation Strategy (LIS) outlining approaches for achieving its share of affordable housing unit production targets required by the Metro Housing Bond, and the LIS supports the creation of affordable housing opportunities in Lake Oswego; and WHEREAS, the City owns approximately 1.4 acres at the intersection of Boones Ferry Road and West Sunset Drive (“subject property”) that was purchased in 2018 for use as a construction staging area for the Boones Ferry Road Improvement Project; and WHEREAS, on June 21, 2022, the City Council adopted Resolution 22-18 approving an intergovernmental agreement for the sale of subject property to Metro for development of multifamily affordable housing contingent upon the Council’s approval of a development solicitation prepared by Metro; and WHEREAS, on June 21, 2022, the City Council adopted Resolution 22-19 approving an intergovernmental agreement between the City of Lake Oswego, Metro, and the Housing Authority of Clackamas County (HACC) for preparation of a development solicitation for the subject property; and WHEREAS, on September 2, 2022, the City Council adopted Resolution 22-31 extending the closing date on the sale of the subject property to January 20, 2023 to allow the parties additional time to complete due diligence including initial stakeholder engagement; and WHEREAS, Metro has completed due diligence including initial stakeholder engagement and the parties have prepared a draft development solicitation for approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. Consistent with City Council Resolutions 22-18 and 22-19, the City approves the Request for Qualifications and Development Concepts (“Lake Grove Affordable Housing ATTACHMENT 1 Resolution 22-39 Page 2 of 2 Development Opportunity”) in Exhibit 1. Section 2. The City Manager is authorized to approve minor changes to the solicitation that are consistent with the Developer Solicitation and Selection IGA. Section 3. Effective Date. This Resolution shall take effect upon passage. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 20th day of December 2022. AYES: NOES: EXCUSED: ABSTAIN: ___________________________________ Joseph M. Buck, Mayor ATTEST: ___________________________________ Kari Linder, City Recorder APPROVED AS TO FORM: ________________________________ Evan Boone, City Attorney Pro Tem Lake Grove Affordable Housing Development Opportunity Request for Qualifications and Development Concepts January 23, 2023 DRAFT 12/07/22 EXHIBIT 1 TO ATTACHMENT 1 Lake Grove RFQ | January 2023 2 TABLE OF CONTENTS INTRODUCTION ............................................................................................................................ 3 PURPOSE & GOALS ................................................................................................................... 5 NEIGHBORHOOD CONTEXT ........................................................................................................ 7 SITE INFORMATION ..................................................................................................................... 9 FINANCIAL INCENTIVES ............................................................................................................13 TIMELINE & PROCESS ..............................................................................................................14 SUBMISSION MATERIALS & SCORING SUMMARIES .............................................................16 THRESHOLD CRITERIA ..............................................................................................................21 ADDITIONAL CONSIDERATIONS & GENERAL CONDITIONS .................................................23 EXHIBITS ......................................................................................................................................26 Lake Grove RFQ | January 2023 3 INTRODUCTION Metro is excited to extend this request for qualifications and concepts for qualified teams (hereafter, “Developer” or “Development Team”) to develop affordable housing on the Lake Grove site (hereafter, “Property” or “Site”). The Lake Grove development project is in partnership with the Housing Authority of Clackamas County (hereafter, “HACC”) and the City of Lake Oswego (hereafter, “City”). The City owns six tax lots at the intersection of Boones Ferry Road and West Sunset Drive in the City's Lake Grove neighborhood that was recently used for construction staging. The City has identified the roughly 1.4 acre Property as a suitable location for the development of approximately fifty (50) units of multi-family affordable housing. Metro is seeking a team that can deliver 50 affordable units, including at least 20 units at 30% of Area Median Income (AMI) or less and at least 25 units of two bedrooms or more. To achieve this goal, Metro and HACC have committed to a full land value write-down on the site as well as a commitment of up to $10 million in Regional Affordable Housing Bond funds and 20 Regional Long Term Rental Assistance (RLRA) project-based vouchers that can be paired with Supportive Housing Services (SHS) funding. A summary of this project’s requirements is below. PROJECT REQUIREMENTS Maximum subsidy/unit $185,000 + land acquisition Total unit target 50 units 30% AMI units 20 units Family sized units (2+ Bedroom) 25 units Project Based Vouchers Project-based Regional Long-term Rental Assistance Units receiving project-based RLRA must be made available through referrals from Clackamas County’s Coordinated Housing Access. (see Exhibit D for RLRA/SHS eligibility criteria) Programming All units restricted at or below 80% AMI. Programming appropriate to target population Community Engagement The Implementation Strategy for Metro’s Site Acquisition Program requires that Development Team’s prepare an engagement strategy that reaches communities of color and other historically marginalized community members, including: people with low incomes, seniors and people with disabilities, people with limited English proficiency, immigrants and refugees and people who have experienced or are experiencing housing instability. Development Teams are required to hold at least two engagement sessions during predevelopment and to specifically engage people from marginalized groups. These sessions should have a priority on engaging people with similar experiences to those who will live in this housing/people from marginalized groups. Development Teams are also required to engage the Lake Forest Neighborhood Association to solicit input from neighbors during conceptual design and design development. These will help ensure Development Teams are actively engaging with the community surrounding the proposed development and providing listening and feedback sessions to people with similar experiences to future residents, such that their input can meaningfully influence the project. Lake Grove RFQ | January 2023 4 Residents Services Plan Resident Service Coordination that is appropriate to the level of need of the target population will be required at all projects. Resident Services will focus on eviction prevention, helping residents access services for which they may be eligible, empowerment services, and community building activities. Supportive Services Plan Projects serving high needs populations will require robust supportive services to ensure resident stability and positive outcomes. MOU’s with service providers are expected. HACC will evaluate a project's target population and service plan to ensure it is appropriate and durable. HACC will approve resident service fees in project operating expense budgets. Screening and Lease Up Use low barrier screening criteria that balances access to target populations, project operations, and community stability. Units must be made available to households with adverse credit, rental, and legal histories, and very limited income. HACC may review and request revisions to the screening criteria and lease-up process. COBID participation A detailed plan to achieve at least 20% COBID certified construction participation, and 20% COBID certified design professional services participation. If the plan includes a significant partnership with a trade association/consultant, such plan should include in detail the expected division of work Livability and Sustainability Compliance with Oregon Housing and Community Services Standards. Air conditioning is required in all units. Accessibility Universal design principals Design Quality design, aesthetics, and material Funding Sources Successful respondents will utilize a combination of capital funding sources, including but not limited to: respondent’s equity, Regional Affordable Housing Bond funds, Low Income Housing Tax Credit (LIHTC) equity, a mortgage and conventional construction and permanent financing sources. Leverage Maximization of all non-Bond sources of funding including use of Low-Income Housing Tax Credit equity and conventional debt to the greatest extent feasible Clackamas County Local Implementation Strategy (LIS) Alignment Respondents must demonstrate alignment with the LIS and their support of this commitment in as many aspects of a project proposal as possible, including but not limited to the development team, project contractors, vendors, resident and supportive services, marketing, leasing, and operations (see Exhibit B). Lake Grove RFQ | January 2023 5 PURPOSE AND GOALS Regional Affordable Housing Bond Program On November 6, 2018, voters approved a $652.8 million bond measure, directing Metro to fund affordable housing throughout the Metro region. In June of 2019, the Metro Council adopted the recommended program framework, as set forth in the Regional Investment Strategy: Affordable Homes for Greater Portland, which included recommendations for unit production goals, commitments to advancing racial equity, and implementation guidelines developed in collaboration with stakeholders, jurisdictions, housing providers and other partners. This Affordable Housing Program Work Plan (Exhibit A) provides a comprehensive plan for implementing Metro’s Bond Measure program. Metro and HACC intend to support development at the Lake Grove Property with funds from the Regional Affordable Housing Bond Program and are seeking proposals consistent with Clackamas County’s Housing Bond Local Implementation Strategy (Exhibit B) and Metro’s Guiding Principles. All proposals will be evaluated against the Threshold Requirements, Priorities, Preferences, and Additional Consideration criteria described within. Housing Authority of Clackamas County Local Implementation Strategy The Local Implementation Strategy (LIS) aims to sustain Clackamas County’s livability, particularly for those most in need. It guides the County’s efforts as it works to create affordable housing using its allocation of Housing Bond proceeds. The LIS also outlines a commitment to furthering community goals of preventing displacement, advancing racial equity and inclusion, creating affordable housing options in locations where there are none, and helping address homelessness in the community. Production goals and priorities identified in the LIS include: Production Goals: Develop or acquire 812 or more affordable housing units, of which: • 406 will be family-sized units (defined as two or more bedrooms); • 333 units will be for households earning 30% or less of area median income (AMI); and • No more than 81 bond financed units will be reserved for households earning between 61 – 80% of AMI. Priority Communities: Create housing access and opportunities for: • Communities of color; • Families, including families with children and multiple generations; • Seniors; • Veterans; • People living with disabilities; • Individuals exiting the foster care system; • Households experiencing homelessness and/or facing imminent displacement. Location Priorities: • Preference for neighborhoods that have good access to transportation, grocery stores, school, commercial services, and community amenities; • Accessible support services (including addiction services and mental and physical health services). Lake Grove RFQ | January 2023 6 Metro Guiding Principles In its efforts to achieve unit production targets, Metro’s Regional Affordable Housing Bond Program is guided by the following four principles: • Lead with racial equity. Ensure that racial equity considerations guide and are integrated throughout all aspects of the Program implementation, including community engagement, project location prioritization, tenant screening and marketing, resident and/or supportive services, and inclusive workforce strategies • Create opportunity for those in need. Ensure that Program investments serve people currently left behind in the region’s housing market, especially communities of color, families with children and multiple generations, people living with disabilities, seniors, veterans, households experiencing or at risk of homelessness, and households at risk of displacement. Incorporate commitments for tracking and reporting on Program outcomes for people of color and other historically marginalized groups. • Create opportunity throughout the region. Ensure that Program investments are distributed across the region to (a) expand affordable housing options in neighborhoods that have not historically included sufficient supply of affordable homes, (b) increase access to transportation, employment, education, nutrition, parks and natural areas, and (c) help prevent displacement in changing neighborhoods where communities of color live today. • Ensure long-term benefit and good use of public dollars. Provide for community oversight to ensure transparency and accountability in Program activities and outcomes. Ensure financially sound investments in affordable, high quality homes. Allow flexibility and efficiency to respond to local needs and opportunities, and to create immediate affordable housing opportunities for those in need. Lake Grove RFQ | January 2023 7 NEIGHBORHOOD CONTEXT The City of Lake Oswego Lake Oswego is known for its natural beauty, recreational and cultural amenities, great schools, and sense of community. With approximately 41,000 residents and more than 2,200 businesses, Lake Oswego is Clackamas County’s largest city and is located near Washington County’s employment centers with easy access to Interstate 5/Highway 217. The City is committed to advancing diversity, equity, and inclusion through the development of affordable housing options in the City. The City rezoned the Property to allow it to be developed for affordable housing and is supporting two ongoing affordable housing projects: the redevelopment of a portion of the former Marylhurst University Campus to provide approximately 100 units of affordable rental housing, and an affordable for sale townhome project being developed in the Lake Grove neighborhood by Habitat for Humanity. Neighborhood The West Lake Grove district of Lake Oswego is characterized by commercial development along Boone’s Ferry Road, the area’s main thoroughfare, and surrounding narrow quiet residential streets with attached townhomes and single family homes. The City has recently completed over $40 million in upgrades to Boones Ferry Road, including sidewalks, bicycle lanes, street furnishings, public art, and extensive landscaping. While the surrounding neighborhood was originally platted in the 1920s much of the residential development dates from the 1950s. The neighborhood has many mature Douglas fir trees creating a dense urban forest canopy. Nearby Amenities The Property is situated near many desirable neighborhood amenities. An Albertson’s grocery store is located approximately 0.4 miles away on Boone’s Ferry Road. Lake Grove Elementary is about 0.7 miles to the northeast, and Waluga Park is less than 0.5 miles to the north. Crossing Boone’s Ferry Road, the Lamont Springs Natural Area is about 0.6 miles away, and the Lake Grove Swim Park (open to students of Lake Oswego public schools) is just under a mile away. The Property is also served by the TriMet #37 bus route which connects downtown Lake Oswego to the Tualitan Park and Ride. TriMet is also exploring opportunities to increase bus service frequency and connectivity through its Forward Together service plan update. Lake Grove RFQ | January 2023 8 Lake Grove RFQ | January 2023 9 PROPERTY INFORMATION Site Characterization Metro engaged AKS Engineering and Forestry to prepare an ALTA survey to characterize the site. The survey was completed in August 2022 by and is attached as Exhibit E. The site is 1.17 acres and is currently being used for construction staging for the Boone’s Ferry Road Improvement project. There is a stand of three mature trees on the western portion of the site and additional trees along the periphery of the site, while the balance is largely covered with loose gravel. The Property includes six parcels as follows: 16719 Boones Ferry Rd. Lake Oswego 97035 Tax Lot Number: 21E07DC07200 Lot Area: 10,801 SF 16731 Boones Ferry Rd. Tax Lot Number: 21E07DC09200 Lot Area: 6,848 SF 16745 Boones Ferry Rd. Tax Lot Number: 21E07DC09100 Lot Area: 6,633 SF 16759 Boones Ferry Rd. Tax Lot Number: 21E07DC09000 Lake Grove RFQ | January 2023 10 Lot Area: 10,510 SF 5126 West Sunset Dr. Tax Lot Number: 21E07DC07400 Lot Area: 8,141 SF 5110 West Sunset Dr. Tax Lot Number: 21E07DC07300 Lot Area: 8,141 SF Site Access and Connectivity ZGF Architects conducted a preliminary analysis of site access and identified the following locations for site access via Boone’s Ferry Road and West Sunset Drive as shown below. Boone’s Ferry Road is improved with sidewalks. West Sunset Dr. does not have sidewalks or street lights. Site Development Constraints The site is zoned West Lake Grove- Office Commercial and development is subject to the standards of the West Lake Grove Design District. Height is limited to 40’ and residential parking is required at a ratio of 1.0 spaces per studio unit, 1.25 spaces for one-bedroom unit, and 1.5 spaces per two-broom or larger unit. A 10’ dedication will be required on the Boone’s Ferry Road frontage and a 15’ dedication will be required on the W Sunset Drive frontage. In April 2022, Metro engaged ZGF architects to evaluate the capacity of the site and provide conceptual site designs assuming the provision of 50 units with an equal mix of one-bedroom and two-bedroom units, as well as 62 parking spaces. A map characterizing the site’s setback requirements is shown below. ZGF’s full site analysis is included in Exhibit F. Lake Grove RFQ | January 2023 11 In 2021, to support the rezoning of the site to allow multifamily housing, the City engaged Tahran Architecture and Planning to evaluate the capacity of the site and provide conceptual designs based on assumptions similar to the ZGF study. Tahran’s analysis is also included in Exhibit F. These site studies are for reference only and are not binding on proposers. Property Development Constraints Lake Grove RFQ | January 2023 12 Environmental Terraphase Engineering completed a Phase I ESA for the site in August 2022. The Phase I ESA noted that a dry-cleaners had been located on the site in the mid-1970s. No other recognized environmental conditions were identified. Metro has engaged a Phase II ESA to test soils of the subject property for dry cleaning agents. Metro is awaiting the results of the Phase II ESA and will post them as soon as they are available. The Terraphase Environmental Phase I and Phase II Site Assessment are/will be posted as Exhibits G and H. Geotechnical A preliminary Geotechnical Report was completed by Shannon and Wilson Geotechnical and Environmental Consultants in September 2021. The report concluded that the site could be developed with shallow foundations. The Shannon and Wilson Geotechnical Report is posted as Exhibit I. Adjacent Development The Property is located in a generally residential and light commercial area. The Property is bounded to the north beyond West Sunset Drive, south beyond Boones Ferry Road, and to the west by residential properties. Northeast of the Property, beyond West Sunset Drive, is a two-story medical office building. Immediately southwest of the Property is a two-story commercial office. Lake Grove RFQ | January 2023 13 FINANCIAL INCENTIVES The selected development team and concept will be eligible to apply for Regional Affordable Housing Bond funds. To support development of affordable housing at the Lake Grove Property, Metro, HACC, and the City have combined to commit: • a full land value write-down on the Property • system development charge (SDC) fee waivers • development review fee waiver • up to $10MM in Regional Affordable Housing Bond funds • and up to 20 Regional Long Term Rental Assistance (RLRA) vouchers paired with Supportive Housing Services (SHS) subsidy The selected development team will negotiate a funding agreement with HACC. The funding commitment will be contingent upon approval by the Housing Authority Board of Commissioners and Metro through a two-stage Concept Endorsement and Final Approval process. The selected development team will also negotiate an exclusive negotiating agreement followed by a disposition and development agreement for the transfer of the Property with Metro. The transfer may be a conveyance of fee title, a long-term lease, or other real property transaction as may be negotiated between Metro and the selected development team. It is also expected that the selected team will pursue 4% LIHTC and other outside funding sources that may be available. Interested parties are advised that, when combined with other forms of public financial support, the commitment of these Metro financial resource tools may result in the application of Oregon prevailing wage laws to the project under ORS 279C.800-810, et seq. if the combined BOLI eligible public support exceeds $750,000. Lake Grove RFQ | January 2023 14 TIMELINE AND PROCESS Monday, January 23, 2023: Request for Qualifications and Development Concepts released Step 1. Registration In order to ensure that all interested parties receive notification of any clarifications or changes to the request for qualifications and an invitation to the Developer Information Session, interested parties should register their interest in submitting qualifications and concepts by e-mail to Jonathan.Williams@oregonmetro.gov no later than Friday, February 3rd, 2023. All substantive questions and answers (FAQs) as well as formal Addenda will be shared via email with all registered parties. Step 2. Developer Information Session (Virtual) An information session for this solicitation will be held on February 8, 2023 at 1:00 pm. We encourage interested parties planning to respond to this solicitation to attend. Invitations to virtual information session will be sent to all registered parties. Step 2. Submission of qualifications Submission must be received no later than March 31, 2023 at 5:00 pm. Responses must be submitted in PDF format via e-mail to Jonathan.Williams@oregonmetro.gov. Files larger than 10 megabytes should be submitted via download link or compressed. Late responses will be disqualified. Step 3. Developer recommendation advisory committees Submissions will be reviewed by a Technical Review Committee (TRC) composed of staff and consultants representing HACC, Metro, and the City. The TRC will provide insight and information for consideration by the Community Advisory Committee (CAC). The CAC will be composed of representatives from the Lake Grove Community Stakeholder group as well as representatives selected by HACC, Metro, and the City. If needed, interviews will be scheduled with selected finalists. The CAC will make their recommendations to the Metro and HACC. Following Metro and HACC’s endorsement of the development team and concept, the selected development team will be given notice of a preliminary concept endorsement. Step 4. Metro and HACC approval and Concept Endorsement Following the CAC’s recommendation and Metro and HACC’s endorsement of the development team and concept, HACC will work with the selected development team to apply for Concept Endorsement approval from the Housing Authority Board of Commissioners and Metro. Concept Endorsement provides a preliminary commitment of Regional Housing Bond funds to the project conditioned upon the final project achieving the unit production targets committed to in the Exclusive Negotiating Agreement (“ENA”) and the project’s compliance with the HACC’s LIS. Step 5. Execution of Exclusive Negotiating Agreement with Metro Concurrently with the endorsement of the development team and concept, Metro will evaluate the recommendations and development team(s) and may enter into an ENA setting forth the process for and necessary steps and preconditions that must be satisfied prior to entering into Disposition and Development Agreement (“DDA”). Lake Grove RFQ | January 2023 15 Conditions precedent to Metro approval of the Team include: • Metro and HACC approval of the Team and Concept Key areas to be addressed in the Exclusive Negotiating Agreement include: • Exclusive negotiating period and project development timeline • Commitment to affordability levels, unit production, and bedroom size and mix. • Commitments for community outreach consistent with Metro and HACC requirements • Benchmarks for entering into a Disposition and Development Agreement Step 6. Project development and funding commitments Upon achievement of certain development benchmarks to be described in the ENA, Metro anticipates that the ENA will be replaced by a DDA which will describe the conditions for releasing the Lake Grove Property for construction of affordable housing. Separately, the HACC will enter into negotiations for a project funding agreement with the developer which will govern the contribution of Regional Affordable Housing Bond funds to the project. RFQ Process Schedule The timeline for the Lake Grove RFQ process is shown below (dates subject to change): LAKE GROVE RFQ PROCESS SCHEDULE RFQ Released January 23, 2023 Virtual Developer Information Session February 8, 2023 @ 1 pm RFQ Materials Due March 31, 2023 by 5 pm Target date for review of submissions April 28, 2023 Target date for Preliminary Concept Endorsement providing a conditional commitment of Regional Housing Bond funds May 5, 2023 Lake Grove RFQ | January 2023 16 SUBMISSION MATERIALS AND SCORING SUMMARIES Required submission materials are summarized below, followed by additional detail and proposed scoring. Submissions deemed incomplete may be disqualified at the sole discretion of HACC. Submittal Summary • Introductory letter including: o Summary of major points within the submission o Name of primary contact and contact information for the development team o Statement explicitly agreeing to the General Conditions set forth in this RFQ o Dated signature of executive or manager authorized to enter into contracts on behalf of the development team • Project sheets from previous projects (3 pages max) • Bios for project manager and identified critical team members (3 pages max) • Schedule of sponsor’s real estate owned • Audited or certified financial statement from proposing developer • Project summary describing the team’s approach to developing and operating the Lake Grove Property including response to Statement of Values (5 pages max) o Financing Narrative – include discussion of assumptions for interest rate and cost escalations o Building Narrative o Management Narrative o Services Narrative • Draft Tenant Selection and Leasing Plan • Massing drawing and schematic site plan (4 pages max) • Program summary including unit count/affordability matrix • Preliminary OHCS pro forma • Diversity, equity, and inclusion plan (4 pages max) Part 1. Experience (25 points) Metro is seeking a team with the capacity and track record of developing high quality affordable housing that promotes racial equity in the design process, construction contracting, and management and marketing. Review and respond to the relevant statement of community in Experience, Project Concept, and Diversity, Equity and Inclusion. Please provide evidence of your experience developing high quality affordable housing by submitting the following materials. 1. Project sheets from up to three previous affordable housing projects developed by sponsor. Please include address, total budget, unit mix, financial sources used, affordability restrictions (if any), exterior photo, key project team members, and participating COBID certified contractors for each project, including percentage of overall construction cost, names and contract amounts. (3 pages max) 2. Bios for project manager and identified critical team members along with their proposed roles on this project. (3 pages max) 3. Schedule of sponsor’s real estate owned including debt service coverage ratios, unit count, and current occupancy percentage. 4. Audited or certified financial statement from proposing developer. Lake Grove RFQ | January 2023 17 Part 2. Project concept (35 points) Metro is seeking a Development Team with a clear understanding of the Property’s constraints, unit production targets, and a realistic approach to the project’s financing and sustained operations. Metro and HACC are seeking to achieve at least 50 total units on the Property, including at least 25 units with two or more bedrooms. All proposed units must be regulated at 80% of AMI or less and 20 units must be at 30% of AMI or less. To assist with these requirements, the Metro and HACC have allocated up to $10 million of Regional Affordable Housing Bond funds and project-based Regional Long-term Rental Assistance (RLRA) that can be paired with Supportive Housing Services (SHS) funding to support households experiencing or at risk of homelessness. Please provide the following to document your team’s anticipated approach to developing the parcel: 1. Narrative summary of the team’s approach to developing the Lake Grove Property, including description of schematic site plan, programming, financing assumptions, and anything else relevant to achieving the project requirements. Details specific to equity in contracting, screening, and community engagement should be reserved for the Diversity, Equity, and Inclusion Plan and do not need to be addressed in this section. (3 pages max) 2. Massing drawing and schematic site plan showing potential scale and site configuration. Please be sure to highlight how your site approach addresses vehicle access, onsite parking, and outdoor open space for residents, and responds to known site constraints described in Exhibit B. (8 ½ X 11 sheets – 2 pages max) 3. Program summary matrix describing unit count by bedroom size and affordability level square footage by unit type and approximate square footage of anticipated dedicated community rooms or community open space. (1 page max) 4. Preliminary 4% OHCS pro forma including anticipated sources and uses (especially any competitive sources) and operating pro forma including any anticipated operating subsidies or vouchers and assumed developer fee and repayment of deferred fee. Part 3. Diversity, Equity and Inclusion (20 points) HACC, Metro, and the City are committed in ensuring diversity, equity and inclusion concepts are embedded in all affordable housing projects. It is our goal that BIPOC and marginalized communities benefit from this investment throughout the development process and beyond. Development teams should provide a diversity, equity, and inclusion plan that addresses the following (4 pages max): Community Engagement • Include feedback in project concept and design from housing advocates in community engagement to support housing access for participants. • Describe the community engagement plan in alignment with Metro’s requirements for engaging marginalized groups (people of color, low income people, people with disabilities, etc.) and show how input will have meaningful influence on the development. • Propose programming for the site based on serving the target population. Describe the development team’s history of programming similar space that resulted in positive outcomes for residents. Propose a marketing and lease-up plan that demonstrates how the lease-up Lake Grove RFQ | January 2023 18 process ensures equitable access for people of color and marginalized communities for the identified populations, including a low barrier screening process. Describe the team’s experience implementing similar plans. • Describe the experience and capacity of the proposed service provider team. Discuss how they will support project design, planning and service operations oversight, including the development of contracts and services agreements and the delivery of culturally responsive and/or culturally specific services. • Include housing advocates in community engagement to support housing access for participants. Equity The proposed project must show it can meet the 20% COBID hard and soft cost goals. In addition, proposers must describe how equity is addressed throughout their proposals to include: • How diversity and inclusion is applied in the organization, including its board. • A resident service plan for the proposed project that is inclusive and applicable to the targeted population. • The provision of culturally responsive and culturally specific services. • Discuss examples of previous projects that implemented affirmative actions to promote racial equity through community engagement, construction contracting, and property management and leasing practices. • Is the Construction Prime Contractor (if selected) a 100% BIPOC (Black, Indigenous, Person of Color) owned firm/BIPOC Prime Contractor? • In your last three projects, have you worked with a BIPOC Prime Contractor? Part 4. Responsiveness to Statement of Values (20 pts) HACC, Metro and the City have jointly conducted an extensive early stakeholder engagement process to identify community values for the development of the site consistent with the HACC’s LIS and unit production targets. This process directly engaged individuals along of spectrums of lived experiences. 23 people including neighbors and members of communities affected by oppression and housing disparities including Black, Indigenous and other people of color, immigrants and refugees, older people, people with disabilities, low-income people and people who have been houseless and/or have lived in affordable housing. In addition, Metro received survey responses from over 36 respondents, circulated to service providers and people with similar experiences to those who will live in this new housing. This work resulted in value statements around qualities for both a successful new affordable housing project and successful project developer. Addressing the identified community values is part of the scoring criteria of this RFQ. The Statement of Community Values related to Lake Grove is below and also included in Exhibit E. Generated through community engagement with: • A stakeholder group of 23 people including neighbors and members of communities affected by oppression and housing disparities including Black, Indigenous and other people of color, immigrants and refugees, older people, people with disabilities, low-income people and people who have been houseless and/or have lived in affordable housing. • A survey, with 36 respondents, circulated to service providers and people with similar experiences to those who will live in this new housing. Lake Grove RFQ | January 2023 19 (More detail on the people engaged, methods, activities, etc. available in Metro’s engagement report to be completed and made available on our webpage by end of December 2022.) QUALITIES FOR SUCCESSFUL NEW AFFORDABLE HOUSING “Peaceful, beautiful and safe shouldn’t just be for people with higher incomes.” S. C., early phase engagement participant Outdoor environment Outdoor areas should be peaceful, beautiful, safe and sustainable. Trees provide shade, preserve the forested feeling of the neighborhood and buffer noise from Boones Ferry Road. Accessible, quiet, outdoor green spaces (such as edible and ornamental gardens, seating areas, etc.) help people connect to nature, while active outdoor space allows children and youth to run and play. Usable patios or balconies support mental health with private access to fresh air and sunlight. Outdoor space feels safe, with security features such as thoughtful site layout and lighting, safe and accessible connections to the surrounding streets and bike routes, and protected school bus and TriMet waiting areas. Parking is well-landscaped. Building design Beautiful, creative, ADA-accessible building design that fits with the surrounding neighborhood and retains mature trees will empower residents by breaking the stigma often associated with affordable housing. Universal design principles and gathering spaces (e.g., informal indoor and outdoor meeting space, community room with kitchen, library/book room, seating for all bodies) help residents build community and feel included in communal life. Personal storage options, pet areas, adequate and assigned parking, free high-speed internet, convenient laundry (prioritize in- unit washer/dryer) and easy access to outdoor space simplify residents’ lives. Sustainable building features (e.g., energy efficient appliances, 100% electric, long-lasting construction, high quality materials, solar panels/lights, passive solar, trees to help with cooling, heat pump heating/cooling, composting, generator and EV hook ups) ensure that the building remains durable and efficient to operate into the future. Designated smoking areas and soundproofing allow residents to peacefully enjoy private and shared space. Management and community Property management welcomes and engages people of all backgrounds, and questions or concerns are accepted and addressed promptly without reprisal or backlash. Management respects and fosters tenant organization as well as connection between tenants and surrounding neighbors. Informal and more organized events provide opportunities for residents to connect with one another, the surrounding neighborhood, and community groups and organizations (consider a committee or council of tenants and neighbors to plan fun things and address concerns). Management works with residents to create equitable approaches to resolving conflict and trauma- informed safety measures that do not rely on police intervention. Marketing and lease-up efforts reach people from marginalized groups. Building signage and notices are posted in multiple languages.The social environment is approachable, friendly, welcoming and inclusive; racism, homophobia and other forms of bigotry are not tolerated. Residents appreciate a sense of belonging and being part of the community – especially people who historically and currently may Lake Grove RFQ | January 2023 20 not have been welcome in Lake Oswego, including Black and Indigenous people, people of color, people with disabilities, LGBTQ people and people from other marginalized groups. Services A robust resident services budget and surveying residents ensures services provided in the building help residents achieve their goals (consider financial literacy, credit support, language classes, reading/English literacy, employment assistance, computer access, recovery support, childcare, health and nutrition classes, community health workers, renter protection information, etc.) Partnerships with neighborhood groups and community organizations expand ties between building residents and the broader Lake Oswego community. Access to shuttles, bike share, and other services augments insufficient public transit (e.g., regular daily or weekly trips to transit centers, groceries, city amenities) and enhance residents’ mobility. QUALITIES FOR A SUCCESSFUL DEVELOPER “Help change the view of what affordable housing is or looks like and who lives here.” C. D., early phase engagement participant. Equitable A successful developer for this project will be committed to understanding and responding to the needs of marginalized people. They should have experience with and commitment to trauma- informed design and universal design. Diversity, equity and inclusion are important to this community, and should be considered at every step of the development. The developer should have a diverse staff and board, with people of color and people who’ve experienced housing instability in key roles and positions of power. They should advance equity in internal hiring and promote equitable hiring practices in their contractors. Property management should be carefully selected for a respectful, prompt, solution-based approach, experience with equity and inclusion and track record of positive relationships with tenants. Collaborative The developer should show commitment to collaborative decision making, an outside-the-box approach and a passion for creating homes and communities that break the stigma around low- income housing. Developer should have a record of multifamily projects whose building design fits with the surrounding neighborhood. Design and operation should be deeply influenced by meaningful community and neighborhood engagement (with over-representation of people with similar experiences to those who will live in this housing, i.e., low-income people, people of color, people with disabilities, etc.) and use creative solutions to issues or challenges. Partner with local community-based organizations. Show ability to work with neighbors to minimize and mitigate development impacts. Long-term focused The developer should approach development as a long-term steward of the building, the resident community and the neighborhood. A long-term focus and investment – with quality materials, sustainability, adequate budgeting for resident services and building operations, commitment to the neighborhood and intent to operate as affordable housing for the long term – will help a developer succeed here. Lake Grove RFQ | January 2023 21 THRESHOLD CRITERIA Metro and HACC are committed to implementing the values embedded within Clackamas County’s LIS and Metro’s Guiding Principles. Proposed project submissions should meet or exceed the following requirements: PROJECT REQUIREMENTS Maximum subsidy/unit $185,000 + land acquisition Total unit target 50 units 30% AMI units 20 units Family sized units (2+ Bedroom) 25 units Project Based Vouchers Project-based Regional Long-term Rental Assistance Units receiving project-based RLRA must be made available through referrals from Clackamas County’s Coordinated Housing Access. (see Exhibit D for RLRA/SHS eligibility criteria) Programming All units restricted at or below 80% AMI Programming appropriate to target population Community Engagement The Implementation Strategy for Metro’s Site Acquisition Program requires that Development Team’s prepare an engagement strategy that reaches communities of color and other historically marginalized community members, including: people with low incomes, seniors and people with disabilities, people with limited English proficiency, immigrants and refugees and people who have experienced or are experiencing housing instability. Development Teams are required to hold at least two engagement sessions during predevelopment and to specifically engage people from marginalized groups. These sessions should have a priority on engaging people with similar experiences to those who will live in this housing/people from marginalized groups. Development Teams are also required to engage the Lake Forest Neighborhood Association to solicit input from neighbors during conceptual design and design development. These will help ensure Development Teams are actively engaging with the community surrounding the proposed development and providing listening and feedback sessions to people with similar experiences to future residents, such that their input can meaningfully influence the project. Residents Services Plan Resident Service Coordination that is appropriate to the level of need of the target population will be required at all projects. Resident Services will focus on eviction prevention, helping residents access services for which they may be eligible, empowerment services, and community building activities. Lake Grove RFQ | January 2023 22 Supportive Services Plan Projects serving high needs populations will require robust supportive services to ensure resident stability and positive outcomes. MOU’s with service providers are expected. HACC will evaluate a project's target population and service plan to ensure it is appropriate and durable. HACC will approve resident service fees in project operating expense budgets. Screening and Lease Up Use low barrier screening criteria that balances access to target populations, project operations, and community stability. Units must be made available to households with adverse credit, rental, and legal histories, and very limited income. HACC may review and request revisions to the screening criteria and lease-up process. COBID participation A detailed plan to achieve at least 20% COBID certified construction participation, and 20% COBID certified design professional services participation. If the plan includes a significant partnership with a trade association/consultant, such plan should include in detail the expected division of work . Livability and Sustainability Compliance with Oregon Housing and Community Services Standards. Air conditioning is required in all units. Accessibility Universal design principals Design Quality design, aesthetics, and material Funding Sources Successful respondents will utilize a combination of capital funding sources, including but not limited to: respondent’s equity, Regional Housing Bond funds, Low Income Housing Tax Credit (LIHTC) equity, a mortgage and conventional construction and permanent financing sources. Leverage Maximization of all non-Bond sources of funding including use of Low-Income Housing Tax Credit equity and conventional debt to the greatest extent feasible HACC Local Implementation Strategy (LIS) Alignment Respondents must demonstrate alignment with the LIS and their support of this commitment in as many aspects of a project proposal as possible, including but not limited to the development team, project contractors, vendors, resident and supportive services, marketing, leasing, and operations (see Exhibit B). Lake Grove RFQ | January 2023 23 ADDITIONAL CONSIDERATIONS AND GENERAL CONDITIONS Additional Considerations • Sufficient hard and soft costs contingencies and reserves should be embedded in each proposal to ensure that the project could be completed without any additional Bond funds. • Projects should incorporate adequate operating expenses on a per annum basis to serve the targeted population. • Projects should assume a loan origination fee of 1% and $20,000 to cover HACC’s legal expenses • Projects should balance amenities (community rooms, gathering space, etc.) and durability (such as unit finishes) with unit costs/subsidy to ensure the population served can reside long term in the affordable units. • Project evaluations will emphasize expediency and cost efficiencies in all aspects of building design, construction, and operations. Innovations that can reasonably be expected to result in demonstrated lower costs are encouraged. • Cost Controls: All projects should demonstrate average unit costs not to exceed limits prescribed by Oregon Housing and Community Services (OHCS). • Metro strongly discourages manipulation of pro forma assumptions to produce a desired outcome, such as lowering expenses to produce more favorable net operating income. • Units receiving Metro Bond funds will be regulated to a 60-year affordability period. General Conditions 1. This RFQ is not a solicitation of competitive proposals or competitive bids. Metro specifically reserves the right in its sole discretion to determine which development team best satisfies the selection and scoring criteria, and to: • Revise the solicitation, evaluation, or selection process including extending the deadline or canceling the process entirely without selecting any Projects, by providing written notice to respondents. • Request additional information from any and all prospective Respondents if helpful to clarify any information contained in the proposals. • Specify additional terms and conditions at any time either before or after responses are submitted. • Accept or reject any one or all proposals received as a result of this RFQ, to waive formalities and irregularities, and to conduct discussions with all responsible respondents, in any manner necessary, to serve the best interest of Metro and/or HACC. • Modify the selection process set forth in this RFQ upon written notification to all respondents who have not been rejected at the time of the modification. • Disqualify without recourse or appeal any or all responses to this RFQ, with or without cause. • Keep all responses submitted in connection with this RFQ, without restrictions on future use. • Determine the timing, arrangement and method of any presentation throughout the process. • Verify and investigate the qualifications and financial capacity of the development team, and any of the information provided in the proposal. Lake Grove RFQ | January 2023 24 2. Every effort has been made to provide current and correct information; however, unless citing a specific Metro and/or HACC approved resolution or plan, Metro and/or HACC make no representation or warranty with respect to the accuracy of any of the information provided in this RFQ. Respondents are instructed to independently verify all information provided herein. 3. Development teams are restricted to one response to the RFQ. 4. All responses received will become official public records subject to inspection by the public in accordance with ORS Chapter 192 and/or each governmental entity’s public records policy after the completion of the RFQ process. Responses may be used for any purposes relevant to the decisions and actions undertaken by Metro and/or HACC. 5. Every effort has been made to include all the information necessary to prepare and submit a comprehensive response to this RFQ. However, in the event additional information is desired, please e-mail questions or requests to Jonathan.Williams@oregonmetro.gov. Any questions and answers will be shared with all applicants. 6. Development teams are cautioned not to undertake any activities or actions during the course of this RFQ to promote or advertise their proposals except in the course of Metro and/or HACC - authorized presentations; or to make any direct or indirect (through others) contact with evaluation committee members. Failure to abide by these restrictions may be grounds for disqualification. 7. Metro and/or HACC accepts no responsibility or obligation to pay any costs incurred by any responders in preparing and submitting responses to this RFQ, or submission of a proposal or in complying with any subsequent request by Metro and/or HACC for information or participation throughout the evaluation process. 8. For a period of one year after their separation from employment, no former Metro employee shall in any way be part of a development team in this RFQ if such employee participated personally and substantially in the proposed project during the employee’s term of employment at Metro. If such employee “exercised contract management authority” in the proposed project, s/he may never be part of a development team in this RFQ for the • Disqualify without recourse or appeal any or all responses to this RFQ, with or without cause. • Keep all responses submitted in connection with this RFQ, without restrictions on future use. • Determine the timing, arrangement and method of any presentation throughout the process. • Verify and investigate the qualifications and financial capacity of the development team, and any of the information provided in the proposal. 9. Confidentiality: Developers responding to this RFQ are advised to identify all portions of their submission considered by them to be confidential financial or business information, or trade secrets, by marking them as such in the header or footer of the submission documents. Metro, HACC, and City will exert reasonable efforts to protect the confidentiality of said information in accordance with Oregon law, which provides an exception to disclosure under Oregon’s public records laws for confidential business and financial information and trade secret submissions. Oregon Public Records law, (ORS Chapter 192) requires public disclosure by Metro, HACC, or City of most information held by Metro, HACC, or City that is deemed to be “public records” upon request of a member of the public. Metro, HACC, or City Lake Grove RFQ | January 2023 25 therefore cannot guarantee that it will protect the confidentiality of Developer’s confidential business and financial information and trade secret submissions. If Metro, HACC, or City receives a public records request and order by the Multnomah or Clackamas County District Attorneys seeking disclosure of such information Metro, HACC or City will, prior to disclosure, provide Developer with prompt notice of such order or request and, as applicable: (a) provide Developer an opportunity to appeal the District Attorney’s decision to the State courts and receive a ruling; or (b) allow Developer to apply for injunctive relief from the applicable Oregon authority to prevent Metro, HACC, or City from disclosing such information to a third party regardless of their length of separation from Metro and/or HACC. Failure to abide by these restrictions is grounds for disqualification. Lake Grove RFQ | January 2023 26 EXHIBITS A. Affordable Housing Program Work Plan B. Clackamas County Local Implementation Strategy (LIS) C. Experiencing or Imminent Risk of Homelessness Form D. Statement of Community Values - Lake Grove E. Engineering and Forestry’s ALTA Survey (AKS) F. Full Site Analysis (ZGF) & Architecture and Planning Site Analysis (Tahran) G. Environmental Phase I (Terraphase) H. Environmental Phase II (Terraphase) I. Geotechnical Report (Shannon and Wilson) J. Preliminary Title Report (Fidelity National Title) Affordable Housing Bond Program Work Plan Amended October 2019 Exhibit A to Resolution No. 19-5015 Exhibit A to Resolution No. 19-5015 Public service We are here to serve the public with the highest level of integrity. Excellence We aspire to achieve exceptional results Teamwork We engage others in ways that foster respect and trust. Respect We encourage and appreciate diversity in people and ideas. Innovation We take pride in coming up with innovative solutions. Sustainability We are leaders in demonstrating resource use and protection. Metro’s values and purpose We inspire, engage, teach and invite people to preserve and enhance the quality of life and the environment for current and future generations. Exhibit A to Resolution No. 19-5015 If you picnic at Blue Lake or take your kids to the Oregon Zoo, enjoy symphonies at the Schnitz or auto shows at the convention center, put out your trash or drive your car – we’ve already crossed paths. So, hello. We’re Metro – nice to meet you. In a metropolitan area as big as Portland, we can do a lot of things better together. Join us to help the region prepare for a happy, healthy future. Stay in touch with news, stories and things to do. oregonmetro.gov/news Follow oregonmetro Metro Council President Lynn Peterson Metro Councilors Shirley Craddick, District 1 Christine Lewis, District 2 Craig Dirksen, District 3 Juan Carlos Gonzales, District 4 Sam Chase, District 5 Bob Stacey, District 6 Auditor Brian Evans 600 NE Grand Ave. Portland, OR 97232-2736 503-797-1700 Exhibit A to Resolution No. 19-5015 2019 AFFORDABLE HOUSING BOND PROGRAM WORK PLAN Adopted by Resolution No. 19-4956 on January 31, 2019 by the Metro Council. Exhibit A to Resolution No. 19-5015 TABLE OF CONTENTS 1. INTRODUCTION ........................................................................................................................ 2 2. UNIT PRODUCTION TARGETS AND GUIDING PRINCIPLES ........................................................ 2 3. GOVERNANCE .......................................................................................................................... 3 3.1 BOND MEASURE; GENERAL OBLIGATION BOND REQUIREMENTS ................................... 3 3.2 METRO COUNCIL ................................................................................................................... 3 3.3 METRO CHIEF OPERATING OFFICER AND STAFF ................................................................. 4 3.4 LOCAL IMPLEMENTATION PARTNERS .............................................................................. 4 4. COMMUNITY OVERSIGHT COMMITTEE ................................................................................... 4 5. DISTRIBUTION OF FUNDS AND TARGETS AND REQUIREMENTS FOR LOCAL IMPLEMENTATION PARTNERS ................................................................................................. 5 5.1 ALLOCATION OF BOND FUNDS ............................................................................................. 5 5.2 LOCAL IMPLEMENTATION STRATEGIES ............................................................................ 5 6. METRO REGIONAL SITE ACQUISITION PROGRAM .................................................................... 6 6.1 REGIONAL SITE ACQUISITION IMPLEMENTATION STRATEGY ........................................... 6 7. CAPITAL INVESTMENT ACTIVITIES ............................................................................................ 7 7.1 NONGOVERNMENTAL REHABILITATION AND NEW CONSTRUCTION .............................. 7 7.2 PUBLIC REHABILITATION AND NEW CONSTRUCTION ...................................................... 9 7.3 PROJECT APPROVAL AND FUNDING PROCESS ................................................................. 9 7.4 REAL PROPERTY ACQUISITIONS...................................................................................... 10 8. AFFORDABILITY COVENANTS AND MONITORING .................................................................. 11 8.1 METRO AFFORDABILITY COVENANTS ................................................................................ 11 8.2 MONITORING RESPONSIBILITIES .................................................................................... 11 9. PROGRAM OPERATIONS......................................................................................................... 12 9.1 PROCEDURES MANUAL .................................................................................................. 12 9.2 CAPITAL EXPENDITURES - ADMINISTRATIVE COST CAP .................................................... 13 9.3 PROGRAM AMENDMENTS ............................................................................................. 13 EXHIBIT A - BOND MEASURE BALLOT TITLE .................................................................................... 14 EXHIBIT B - BREAKDOWN OF UNIT PRODUCTION TARGETS AND FUNDING ELIGIBILITY ............... 16 EXHIBIT C - LOCAL IMPLEMENTATION STRATEGY REQUIREMENTS ............................................... 18 Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 2 1. INTRODUCTION On November 6, 2018, voters approved a $652.8 million bond measure (“Bond Measure”), directing Metro to fund affordable housing throughout the Metro region. As defined in the Bond Measure, the term “affordable housing” means “land and improvements for residential units occupied by low- income families making 80% or less of area median income.” Such housing may be of any type, including but not limited to single-family, multi-family, houses, apartments, and/or the land on which such facilities are located or may be constructed. In June of 2018, the Metro Council adopted the Metro Chief Operating Officer’s recommended program framework, as set forth in Regional Investment Strategy: Affordable Homes for Greater Portland (“Initial Housing Bond Framework”), which included recommendations for unit production goals, commitments to advancing racial equity, and implementation guidelines developed in collaboration with stakeholders, jurisdictions, housing providers and other partners. This Affordable Housing Program Work Plan (“Work Plan”) provides a comprehensive plan for implementing Metro’s Bond Measure program (referred to herein as the “Housing Bond Program” or “Program”). This document incorporates and supplements the Initial Housing Bond Framework, and is the governing document for Program implementation, addressing how Bond Measure proceeds will be administered to ensure delivery of the outcomes described in the Bond Measure. 2. UNIT PRODUCTION TARGETS AND GUIDING PRINCIPLES The primary goal of the Housing Bond Program is create at least 3,900 new affordable homes, of which:  At least 1,600 homes will be affordable to households making 30% of area median income (AMI) or below;  At least 1,950 homes will be sized for families, with 2 or more bedrooms; and  No more than 10 percent of homes will be provided for households making 61-80% of AMI. For acquired rental properties, the above targets and cap on homes for households making 61-80% of AMI will be applied upon turnover. In its efforts to achieve the Program unit production targets referenced above (“Unit Production Targets” or “Targets”), Metro is guided by four principles (“Guiding Principles”), which were derived from (a) existing Metro policies, including the agency’s Strategy to Advance Racial Equity, Diversity, and Inclusion and (b) conversations with key stakeholders who participated in a six month public process convened prior to the referral of the Bond Measure. Those Guiding Principles are: 1) Lead with racial equity. Ensure that racial equity considerations guide and are integrated throughout all aspects of Program implementation, including community engagement, project location prioritization, tenant screening and marketing, resident and/or supportive services, and inclusive workforce strategies. Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 3 2) Create opportunity for those in need. Ensure that Program investments serve people currently left behind in the region’s housing market, especially: communities of color, families with children and multiple generations, people living with disabilities, seniors, veterans, households experiencing or at risk of homelessness, and households at risk of displacement. Incorporate commitments for tracking and reporting on Program outcomes for people of color and other historically marginalized groups. 3) Create opportunity throughout the region. Ensure that Program investments are distributed across the region to (a) expand affordable housing options in neighborhoods that have not historically included sufficient supply of affordable homes, (b) increase access to transportation, employment, education, nutrition, parks and natural areas, and (c) help prevent displacement in changing neighborhoods where communities of color live today. 4) Ensure long-term benefits and good use of public dollars. Provide for community oversight to ensure transparency and accountability in Program activities and outcomes. Ensure financially sound investments in affordable, high quality homes. Allow flexibility and efficiency to respond to local needs and opportunities, and to create immediate affordable housing opportunities for those in need. These Guiding Principles will be implemented consistent with applicable requirements of the federal Fair Housing Act and ORS Chapter 659a and, as appropriate, in consultation with the Fair Housing Council of Oregon. 3. GOVERNANCE 3.1 BOND MEASURE; GENERAL OBLIGATION BOND REQUIREMENTS On June 7, 2018, the Metro Council adopted Resolution 18-4898 referring to Metro area voters the Bond Measure authorizing Metro to issue general obligation bonds in the amount of $652.8 million to fund affordable housing. The Program and this Work Plan must comply with the promises made to the voters in the Bond Measure. In addition, in accordance with Oregon law, the bond funds may be used only to pay for capital costs, including costs associated with acquisition, construction, improvement, remodeling, furnishing, equipping, maintenance or repair having an expected useful life of more than one year. Bond funds may not be used to pay for general project maintenance and repair, supplies, or equipment that are not intrinsic to a structure or for any other costs that do not meet the definition of “capital costs” under the Oregon Constitution and Oregon law. 3.2 METRO COUNCIL The Metro Council provides policy direction for the Housing Bond Program through: A. Adoption of this Work Plan; B. Appointment of Community Oversight Committee members, chair and/or co-chairs, collectively charged with monitoring program implementation; C. Approval of Local Implementation Strategies and Metro Regional Site Acquisition Strategy; Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 4 D. Approval of intergovernmental agreements for implementation (each, an “Implementation IGA”) with Local Implementation Partners; and E. Monitoring of Program outcomes, with guidance from the Community Oversight Committee. 3.3 METRO CHIEF OPERATING OFFICER AND STAFF The Metro Chief Operating Officer (COO) is authorized by the Metro Council to implement this Work Plan, and the COO will direct staff to conduct all program administration activities referenced herein, including (without limitation) the following: A. Acquisition of real property and associated project funding in accordance with the Metro Regional Site Acquisition Strategy and the criteria and conditions set forth in this Work Plan; B. Authorization of Metro Bond Measure funding for projects and program administration activities of Local Implementation Partners in accordance with the criteria and conditions set forth in this Work Plan; and C. Convening meetings and providing administrative support for the Community Oversight Committee. 3.4 LOCAL IMPLEMENTATION PARTNERS Government agencies that are eligible to become Local Implementation Partners include counties, public housing authorities, and cities with populations over 50,000 that receive and administer their own federal Community Development Block Grant (CDBG) funding. To be eligible to receive Metro Bond Measure funds, Local Implementation Partners that receive Bond funding must: A. Adopt a Local Implementation Strategy, informed by community engagement, that includes a development plan to achieve the unit production targets, a strategy for advancing racial equity, and ensuring community engagement in implementation (see Section 5.2 and Exhibit C); B. Enter into an Implementation IGA with Metro, obligating the Local Implementation Partner to comply with this Work Plan and enter into certain covenants required to ensure compliance with the Bond Measure and other applicable law; and C. Provide adequate assurances to Metro that Metro Bond Measure funds will be expended solely to make permitted capital investments to create affordable housing in accordance with this Work Plan. 4. COMMUNITY OVERSIGHT COMMITTEE In accordance with Metro Code Section 2.19, Metro will appoint a Community Oversight Committee (“Oversight Committee”) to ensure Program transparency and accountability. The Oversight Committee will be charged with the following duties: Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 5 A. Review local implementation strategies and Metro’s Regional Site Acquisition Implementation Strategy for alignment with the Guiding Principles and clear plan to achieve the local share of Unit Production Targets, and recommend strategies for Metro Council approval; and B. Monitor program expenditures and outcomes and provide an annual report and presentation to Metro Council. The Committee may recommend changes to implementation strategies as necessary to achieve Unit Production Targets and adhere to the Guiding Principles. Metro staff will consult members of the Community Oversight Committee as needed to advise on projects prior to the Metro COO’s authorization of funding. 5. DISTRIBUTION OF FUNDS AND TARGETS AND REQUIREMENTS FOR LOCAL IMPLEMENTATION PARTNERS The Housing Bond Program is guided by regional goals and oversight, but implemented by the Local Implementation Partners, who are best positioned to respond to community affordable housing needs. Successful implementation requires flexibility for local jurisdictions to create and nimbly pursue strategies that respond to local community priorities and market contexts. Metro and the Local Implementation Partners must work together to ensure that Local Implementation Strategies, actions and investments advance desired regional outcomes that honor the commitments made to the region’s voters. 5.1 ALLOCATION OF BOND FUNDS Metro Bond Measure funds will be allocated to Local Implementation Partners on the basis of assessed value of property, as described in Exhibit B. Except for permitted Program administration funding disbursements, Program funds will be committed and disbursed on a project-by-project basis following execution of Implementation IGAs. Distribution of Bond Measure funds will be conditioned on a Local Implementation Partner’s ongoing demonstration of progress toward its assigned share of the Unit Production Targets set forth in Exhibit B. 5.2 LOCAL IMPLEMENTATION STRATEGIES To be eligible to receive Bond Measure funds, a Local Implementation Partner must create a Local Implementation Strategy outlining strategies for achieving its allocated share of Unit Production Targets. Each Local Implementation Strategy will be aligned with the Guiding Principles. Each Local Implementation Strategy must include the following components, described in more detail in Exhibit C: A. Development Plan to achieve the Unit Production Targets, including criteria and selection process(es); B. Strategy for advancing racial equity throughout implementation; Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 6 C. Engagement report summarizing how stakeholder input shaped the development of the Local Implementation Strategy; and D. Plan for ongoing community engagement to inform project implementation. Approval and Revision Process The Community Oversight Committee will review Local Implementation Strategies and recommend them for approval by the Metro Council. One Local Implementation Strategies have been approved by local governing bodies and Metro Council, they will be incorporated into Implementation IGAs. As needed, the Oversight Committee and/or Local Implementation Partners may recommend changes to Local Implementation Strategies based on annual evaluation of Program outcomes. Local Implementation Strategies may be revised only following approval by the Metro Council and local governing bodies. 6. METRO REGIONAL SITE ACQUISITION PROGRAM The Regional Site Acquisition Program will seek to support Local Implementation Partners in achieving the overall Unit Production Targets. Program funds will primarily be used to purchase regionally significant sites. Program funds may also be used to help ensure the development of affordable housing on regionally significant sites owned by Metro, including but not limited to sites previously acquired by Metro’s Transit Oriented Development Program 6.1 REGIONAL SITE ACQUISITION IMPLEMENTATION STRATEGY Up to ten percent of Bond Measure funds will be retained by Metro for the Regional Site Acquisition Program. Metro will create a Regional Site Acquisition Implementation Strategy outlining commitments and strategies for ensuring that regional site acquisitions and the expenditure of program funds are coordinated with Local Implementation Partners to support regional progress toward Unit Production Targets. The Regional Site Acquisition Implementation Strategy will be aligned with the Guiding Principles. The Regional Site Acquisition Implementation Strategy must include the following components, consistent with applicable required elements of Local Implementation Strategies, as described in Exhibit C: A. Development plan including criteria and selection process(es), including a process for engaging relevant Local Implementation Partners; B. Strategy for advancing racial equity throughout implementation, in alignment with applicable Local Implementation Strategy approaches; and C. Engagement report summarizing how stakeholder input shaped the development of the Regional Site Acquisition Implementation Strategy. Metro will engage Local Implementation Partners throughout the development of the Regional Site Acquisition Strategy to ensure alignment and coordination with Local Implementation Strategies and approaches. Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 7 Approval and Revision Process The Community Oversight Committee will review the Regional Site Acquisition Implementation and recommend such strategy for approval by Metro Council. As needed, the Oversight Committee and/or Metro staff may recommend changes to the Regional Site Acquisition Implementation Strategy based on annual evaluation of Program outcomes. The Regional Site Acquisition Implementation Strategy may be revised only following approval by the Metro Council. 7. CAPITAL INVESTMENT ACTIVITIES Affordable housing projects proposing to use Bond Measure funds must be selected using a process and criteria consistent with the applicable Local Implementation Strategy and/or Metro Site Acquisition Implementation Strategy. Funding will be authorized by the Metro COO based on consistency with applicable strategy and compliance with this Work Plan. Metro staff will consult members of the Community Oversight Committee as needed to advise on projects prior to authorization of funding by the COO. Once a project is approved by the Metro COO, Bond Measure funds will be released to the Local Implementation Partner in accordance with the terms of the Implementation IGA, which may require the release of funds in stages upon completion of construction and development benchmarks. Local Implementation Partners may directly utilize the Bond Measure funds for public improvement projects, or loan, grant or otherwise contribute these funds to a non-governmental entity, such as a Low Income Housing Tax Credit (LIHTC) Partnership or LLC for private projects. 7.1 NONGOVERNMENTAL REHABILITATION AND NEW CONSTRUCTION Local Implementation Partners may contribute Metro Bond Measure funds to private for-profit and nonprofit development entities to pay for new construction of privately owned affordable housing or for the acquisition and rehabilitation of existing market rate/unregulated housing being converted to regulated affordable housing. Bond Measure funds may be contributed to projects as either the primary source of project funding or as “gap funding” as described below. Gap Funding Local Implementation Partners may use Bond Measure funds to provide grants and make loans to qualified private for-profit or nonprofit entities developing, owning and operating affordable housing projects, including LIHTC Partnerships or LLCs, to assist these entities in closing funding gaps between all other available sources of funding (including but not limited to LIHTC equity, senior secured project indebtedness, other state and local loan and grant proceeds and programs, and private and/or philanthropic sources), and the actual project development and construction costs. Local Implementation Partners may provide Bond Measure funds to such private entities in the form of loans or grants. Loans may be “cash-flow-only,” or “soft loans” and may include below market or no interest, non-recourse, extended amortization or fully “forgivable” repayment terms. Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 8 Eligible Costs Bond Measure funds may be used to pay for qualified capital costs associated with the following:  Construction of new affordable housing for households earning 80% area median income (AMI) or less;  Acquisition and rehabilitation of residential buildings with no existing form of public affordability restriction;  Construction of new affordable housing as part of the redevelopment of a residential property with existing public affordability restrictions, as long as the redevelopment results in a substantial net increase in the total number of affordable homes. In such cases, Program funding may only be used for the portion of new homes that are not replacing regulated affordable homes currently on the site and related project/site improvements, such as parking, infrastructure improvements, and community space;  Construction of ancillary commercial space, community space, and resident amenities, as long as ancillary spaces and amenities are part of buildings that contribute toward Unit Production Targets;  All necessary and required site work and infrastructure for the above projects;  Predevelopment costs, including third party reports, design studies, financial modeling and community outreach, which may be reimbursed upon closing of construction financing of an affordable housing project. Prior to closing, these costs are an eligible use of bond program administration funding, but will count toward administrative funding caps prior to reimbursement through a project closing; and  Administrative costs that comply with requirements laid out in Section 9.2. Ineligible Costs Bond proceeds must be used to finance projects that constitute capital construction, capital improvement or a capital cost as those terms are defined by the relevant provisions or the Oregon Constitution, Oregon law (including ORS 310.140) and the parameters of the Bond Measure. Costs that are ineligible for bond funding include but are not limited to:  Acquisition of housing with existing public affordability restrictions;  Rehabilitation of housing with existing public affordability restrictions;  Redevelopment of residential properties with existing public affordability restrictions that does not result in a substantial net increase in the number of affordable homes on the site;  Project operating costs, including the provision of resident support services;  Rental assistance; and  Administrative costs that do not comply with requirements laid out in Section 9.2. 7.2 PUBLIC REHABILITATION AND NEW CONSTRUCTION Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 9 Local Implementation Partners may utilize Bond Measure funds only to pay qualified capital costs to develop, finance, construct and equip new affordable housing and to acquire and rehabilitate market rate housing with no existing public affordability restriction for conversion to affordable housing with a public affordability restriction. Metro housing bond funds may not be used to acquire and/or rehabilitate any housing with an existing public affordability restriction. Eligible and ineligible costs are set forth in Section 7.1, above. 7.3 PROJECT APPROVAL AND FUNDING PROCESS The Metro COO will approve funding commitments for all qualified projects identified by Local Implementation Partners at two stages: (1) a Concept Endorsement and (2) a Final Approval. The Concept Endorsement is a preliminary commitment of funding on the basis of consistency of the early project concept with the Local Implementation Strategy. The Concept Endorsement is optional for acquisition and rehabilitation projects (to be pursued at the Local Implementation Partner’s discretion), but is mandatory for new construction projects. Stage 1: Concept Endorsement (optional for acquisition/rehabilitation; required for new construction) The Metro COO will provide Concept Endorsements for preliminary development and acquisition/rehabilitation projects. Presented concepts should consist of, at minimum, an identified site which the Local Implementation Partner or the private developer/sponsor controls, a preliminary development or rehabilitation plan, a preliminary unit and affordability mix, preliminary estimates of total development costs, preliminary estimate of requested Metro Housing bond funds and an identified development team. The Concept Endorsement will be made based upon the following criteria:  Endorsement of Local Implementation Partner;  Concept’s contribution to Unit Production Targets relative to requested amount of bond funding or demonstration of how proposed project will contribute to Local Implementation Partner’s portfolio of planned or completed projects to achieve the local share of Unit Production Targets; and  Consistency with Local Implementation Strategy. Stage 2: Funding Authorization and Release of Funds The Metro COO will authorize project funding only after a finalized development program, design development drawings and confirmed funding sources have been provided. Metro staff will consult members of the Community Oversight Committee as needed to advise on projects prior to authorization of funding by the COO. The Metro COO’s authorization of funding will be based on the satisfaction of the following criteria:  Continued support for the project by Local Implementation Partner;  Development program’s contribution to Unit Production Targets (including affordability and bedroom size targets) relative to requested amount of bond funding; or demonstration of how proposed project will contribute to Local Implementation Partner’s portfolio of planned or Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 10 completed projects to achieve the local share of Unit Production Targets;  Consistency with Local Implementation Strategy; and  Provision of requested documentation to demonstrate project feasibility. Prior to the release of funds to the Implementation Partner, a Regulatory Agreement (as defined below) approved by the Office of the Metro Attorney and meeting the criteria described further in Section 8.1 will be executed. The Regulatory Agreement will be recorded against the property at or prior to the time of closing. 7.4 REAL PROPERTY ACQUISITIONS Bond funds may be used by Metro or Local Implementation Partners to acquire real property (including land and buildings) for the development, rehabilitation, or adaptive reuse as affordable housing consistent with this Work Plan (hereinafter referred to as “Property Acquisitions”). Property Acquisition costs that may be paid for with Bond funds include the purchase price and all costs related to pre-purchase due diligence including appraisals, purchase of options, earnest money for purchase and sale agreements, environmental assessments, geotechnical reports, preliminary development cost estimates, zoning capacity studies, physical capital needs assessments for acquired buildings, and other third party reports. Eligible pre-purchase due diligence costs will be reimbursed to Local Implementation Partners only upon completion of the Property Acquisition, although bond Program Administration funds may be applied to due diligence costs prior to reimbursement. Bond Measure funds may also be loaned or granted to projects sited on real property previously acquired by a project sponsor or Local Implementation Partner using non-Bond funds. For these projects, the costs of previous real property acquisition will be included in overall project costs, subject to Metro appraisal requirements. Property Acquisition Parameters Bond Measure funds may be used for Property Acquisition provided the following criteria are met:  The property is owned by a willing seller;  An appraised value has been obtained in accordance with applicable Uniform Standards of Professional Appraisal Practice (USPAP) standards. In general, the purchase price should not exceed 10 percent over appraised value. However, exceptions may be made at the discretion of the Metro COO if it can be demonstrated that the site presents unique opportunities to advance the Unit Production Targets and Guiding Principles;  The anticipated project on the site will contribute proportionately to Unit Production Targets (including affordability and bedroom size targets) relative to the forecasted bond funding; or the Local Implementation Partner demonstrates how the anticipated project will contribute to that Partner’s portfolio of planned or completed projects to achieve the local share of Unit Production Targets;  The property consists of a development-ready site, with zoned capacity to support the preliminary development concept, road access, utility connections, buildable soils, and mitigation Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 11 plan for any environmental conditions; and  The acquisition is consistent with the applicable Implementation Strategy. The requirement for zoned capacity, utility connections, and other infrastructure improvements may be waived in cases where an approved plan provides for needed improvements and such improvements are expected within two years. Funding Authorization and Release of Funds Funding authorizations for Property Acquisitions will be authorized by the Metro COO. Metro staff will consult members of the Community Oversight Committee as needed to advise on projects prior to authorization of funding by the COO. Prior to the release of funds, a Regulatory Agreement (as defined in Section 8.1) will be recorded against the property at or prior to the time of closing. The Local Implementation Partner will provide a copy of the recorded Regulatory Agreement to Metro promptly after closing. 8. AFFORDABILITY COVENANTS AND MONITORING 8.1 METRO AFFORDABILITY COVENANTS Each Implementation IGA will require that a regulatory agreement or similar affordability/restrictive covenant (the “Regulatory Agreement”), in form and substance acceptable to Metro, must be recorded on the title of every property that receives Bond project funding. The Regulatory Agreement will acknowledge the use of Bond Measure funds and the restrictions associated with the use of such funds, including the affordability restrictions and other policies upon which the funding was conditioned, provide monitoring and access rights to Metro, and be enforceable by the Local Implementation Partner and Metro. The Regulatory Agreement will have a term of not less than 60 years for newly constructed projects and existing market-rate projects that are converted to affordable/regulated projects, except in the case of converted projects where the project is more than 10 years old at the date of acquisition, in which case the minimum term will be not less than 30 years. The Regulatory Agreement will provide a first right of refusal for qualified nonprofit organizations or government entities to acquire the project upon expiration of the affordability period. In the case of Property Acquisitions, the Regulatory Agreement will ensure development of the property consistent with the requirements set forth in this Work Plan. 8.2 MONITORING RESPONSIBILITIES Owners of private projects receiving Bond Measure funds will be required to enter into a Regulatory Agreement, or similar agreement for the benefit of both Metro and the Local Implementation Partner, to periodically provide tenant income verification data to ensure compliance with affordability restrictions. Project owners will also be required to provide certain information, including voluntarily Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 12 collected tenant demographic data, to support evaluation of program outcomes. Finally, owners will be required to provide Metro with access to asset management data, including financial performance and physical condition of the project, and to provide physical access to the property when requested by Metro and/or the Local Implementation Partner. Metro will work with Local Implementation Partners, Oregon Housing and Community Services, or other public agencies to develop shared monitoring and reporting requirements and functions that align with established funding programs, including LIHTC. 9. PROGRAM OPERATIONS 9.1 PROCEDURES MANUAL A Program procedures manual (“Procedures Manual”) will be maintained by Metro to support fair and consistent consideration of Program funding requests, clear standards for reporting on Program outcomes, and continuous improvements in Program operations. Revisions to the Procedures Manual require Planning and Development Department Director approval. The Affordable Housing Program procedures will include, at a minimum, guidance related to: 1. Concept Endorsement and Final Approval Guidelines: Guidelines related to Metro staff project evaluation based on contribution to the Unit Production Targets relative to the amount of bond funding proposed, and consistency with the LIS, Bond Measure, and this Work Plan; 2. Risk Controls: Preconditions for contractual commitments and release of funds, procedures for funding disbursement and updates during project construction, and recurring investment policies; 3. Project Documentation Checklists and Templates: List of required documents for Property Acquisition, Concept Endorsement, and Project Funding Authorization; 4. Local Implementation Partner and Metro Site Acquisition Program Project and Program Outcomes Reporting: Metrics, protocol, and templates for Local Implementation Partners and Metro’s Site Acquisition Program to submit (a) post-construction and post-occupancy project reports and (b) annual reports on program outcomes for review by the Community Oversight Committee; and 5. Local Implementation Partner Financial Reporting Guidelines: Protocol and templates for Local Implementation Partners to submit annual end-of-year reporting on project and administrative expenditures, to demonstrate compliance with the Bond Measure and this Work Plan. Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 13 9.2 CAPITAL EXPENDITURES - ADMINISTRATIVE COST CAP Bond Measure funds must be used to pay for or reimburse prior expenditures that constitute qualified capital costs, consistent with the requirements of the Bond Measure, the Oregon Constitution and other applicable law. The purpose and focus of the Affordable Housing Program is to expand the region’s supply of affordable housing. Consistent with requirements set forth in the Bond Measure, no more than five percent of total Bond Measure proceeds may be expended on administrative costs associated with the implementation of Program activities, including Program development and administration, financial administration, and monitoring and oversight functions prior to the completion of the Unit Production Targets. All administrative and Program costs funded with Metro Bond Measure proceeds must be capital costs, as defined by the Oregon Constitution and Oregon Statutes, allocable to affordable housing projects. Subject to compliance with Oregon law and the Bond Measure, Local Implementation Partners are eligible to receive funding for administrative costs associated with Program implementation according to the distribution described in Exhibit B. Each Local Implementation Partner must submit an annual report demonstrating use of the previous year’s funding as well as certification that Metro Bond Measure funds have been and will be applied solely to the payment or reimbursement of capital costs consistent with Oregon law and the Bond Measure. A partial year allocation will be made available to eligible Local Implementation Partners for FY2018-19 in February 2019. Further allocations will be available following execution of Implementation IGAs. All distributions of administrative funding will be conditioned on Local Implementation Partners making reasonable progress towards their Unit Production Targets. 9.3 PROGRAM AMENDMENTS This Work Plan may be amended, as needed, by Metro staff with approval of the Metro Council to ensure compliance with Bond Measure covenants, applicable law, achievement of Unit Production Goals, and alignment with Guiding Principles. Exhibit A to Resolution No. 19-5015 EXHIBIT A BOND MEASURE BALLOT TITLE Attachment to SEL 805 Caption: Bonds to fund affordable housing in Washington, Clackamas, Multnomah counties. Question: Shall Metro issue bonds, fund affordable housing for low-income families, seniors, veterans, people with disabilities; require independent oversight, annual audits? If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of sections 11 and 11b, Article XI of the Oregon Constitution Summary: Measure authorizes $652.8 million in general obligation bonds to fund affordable housing in Washington, Clackamas, and Multnomah counties. Bonds will be used to build affordable housing for low-income households; purchase, rehabilitate, and preserve affordability of existing housing; buy land for affordable housing; help prevent displacement. Affordable housing means land and improvements for residential units occupied by low-income households making 80% or less of area median income, which in 2018 for a family of four was $65,120; improvements may include a mix of unit sizes, spaces for community and resident needs and services. Some units will be accessible for people with disabilities and seniors; flexibility for existing tenants and hardship. Requires community oversight and independent financial audits. Creates affordable housing function for Metro, implemented by Metro and local housing partners. Local and regional administrative costs capped at 5% of bond proceeds. Bond costs estimated at $0.24 per $1,000 of assessed value annually, approximately $5.00/month for the average homeowner. Bonds may be issued over time in multiple series. Explanatory Statement: In the Metro region, rents and housing prices are rising faster than wages. Between 2010 and 2016, the median income for a renter increased 19% while the average rent increased 52%. The need for affordable housing continues to increase, with demand for affordable housing outpacing supply. This is especially true for people on fixed incomes, working families, and seniors and disabled people in our region. This measure will authorize Metro to issue $652.8 million in general obligation bonds to provide affordable housing for low-income families, seniors, veterans and Affordable Housing Bond Program Work Plan January 2019 Exhibit A Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 Exhibit A people with disabilities in the Metro region which includes Washington, Clackamas and Multnomah counties. The bond funds will be used to build affordable housing for low-income households, to purchase and rehabilitate existing housing to preserve its affordability and prevent displacement, and to buy land for the immediate or future construction of new affordable housing. The measure will create an affordable housing function for Metro, and will be implemented by Metro and local governments. The administrative costs of Metro and local housing providers paid for by the measure will not exceed 5% of bond funds. Metro may issue the bonds over time in multiple series. Metro estimates that the cost of the measure to the average homeowner to be 24 cents per $1,000 of assessed value annually, or approximately $5.00/month. An independent community oversight committee will review bond expenditures and provide annual reports, and an independent public accounting firm will perform an annual financial audit of the expenditure of bond funds. For purposes of the bond measure, “Affordable Housing” means land and improvements for residential units occupied by low-income households making 80% or less of the area median income, which in 2018 for a family of four was $65,120. The improvements constructed or purchased with bond funds may be composed of a mix of unit sizes, and may include spaces for community and resident needs and services, such as, without limitation, spaces for childcare services, healthcare services, grocery, onsite utility and building facilities, and other commercial, office and retail uses. Some units will be accessible for people with disabilities and seniors. The income eligibility rules may provide for a waiver or temporary relief from the limitations on qualifying income, if needed to avoid undue hardship or displacement of persons living in existing housing. On behalf of: Metro Council President Tom Hughes Councilor Shirley Craddick Councilor Betty Dominguez Councilor Craig Dirksen Councilor Kathryn Harrington Councilor Sam Chase Councilor Bob Stacey Submitted by: Metro Council President Tom Hughes Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 Exhibit B EXHIBIT B BREAKDOWN OF UNIT PRODUCTION TARGETS AND FUNDING ELIGIBILITY Distribution of targets and eligible project and administration funding* Jurisdiction Percent of assessed value Unit Production Targets** Total Project Funding Available Total Admin. Funding Available*** Total 30% AMI Family- Size Beaverton 5.58% 218 89 109 $31,140,595 $655,591 Clackamas County 20.82% 812 333 406 $116,188,094 $2,446,065 Gresham 4.79% 187 77 93 $26,756,995 $563,305 Hillsboro 7.28% 284 117 142 $40,657,081 $855,939 Home Forward (balance of Multnomah County) 2.84% 111 46 55 $15,879,123 $334,297 Portland 37.81% 1,475 605 737 $211,056,579 $4,443,296 Washington County (balance of county) 20.87% 814 334 407 $116,465,532 $2,451,906 Metro Site Acquisition Program**** n/a Contributes to above targets $62,016,000 $1,305,600 Metro accountability and financial transaction costs n/a n/a n/a $13,056,000 Reserved for future allocation as determined necessary to achieve targets n/a n/a n/a $6,528,000 Total 100% 3,900 1,600 1,950 $620,016,000 $32,640,000 *The Initial Housing Bond Framework calls for distribution of targets and funding to counties on the basis of assessed value, but provides flexibility for how partners within each county further distribute targets and funding. If an alternative distribution is not agreed to by partners for distribution of funding within a county, assessed value will be used as the basis of distribution to all partners. Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 Exhibit B ** For acquired rental properties, the targets and cap on homes for households making 61-80% of AMI will be applied upon turnover. *** Any administrative funding from bond proceeds must be consistent with the requirements of Oregon law and the Bond Measure and Metro will, in consultation with bond and tax counsel, request certification from jurisdictions that proceeds are being applied to qualified capital costs. **** The Regional Site Acquisition Program aims to distribute investments proportionately across the region to support local progress toward the Unit Production Targets. In the event that regional investments are not proportionately distributed, the above Unit Production Targets may be adjusted pursuant to a Work Plan amendment. Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 Exhibit C EXHIBIT C LOCAL IMPLEMENTATION STRATEGY REQUIREMENTS 1. Development Plan to achieve the Unit Production Targets that includes the following elements: a. Anticipated number, size, and range of project types (estimates are acceptable) and cost containment strategies to achieve local share of unit production targets (including 30% AMI and family-size unit goals and the cap on units at 61-80% AMI) using local share of eligible funding; b. Consideration for how new bond program investments will complement existing regulated affordable housing supply and pipeline; c. Goals and/or initial commitments for leveraging additional capital and ongoing operating and/or service funding necessary to achieve the local share of Unit Production Targets; d. Strategy for aligning resident or supportive services with housing investments, including [optional] any local goals or commitments related to permanent supportive housing; and e. Description of project selection process(es) and prioritization criteria, including anticipated timing of competitive project solicitations and how existing or new governing or advisory bodies will be involved in decisions regarding project selection. 2. Strategy for advancing racial equity in implementation that includes: a. Location strategy that considers geographic distribution of housing investments, access to opportunity, strategies to address racial segregation, and strategies to prevent displacement and stabilize communities; b. Fair housing strategies and/or policies to eliminate barriers in accessing housing for communities of color and other historically marginalized communities, including people with low incomes, seniors and people with disabilities, people with limited English proficiency, immigrants and refugees, and people who have experienced or are experiencing housing instability; c. Strategies and/or policies, such as goals or competitive criteria related to diversity in contracting or hiring practices, to increase economic opportunities for people of color; and d. Requirements or competitive criteria for projects to align culturally specific programming and supportive services to meet the needs of tenants. 3. Engagement report summarizing engagement activities, participation and outcomes, including: a. Engagement activities focused on reaching communities of color and other historically marginalized communities, including people with low incomes, seniors and people with disabilities, people with limited English proficiency, immigrants and refugees, and people who have experienced or are experiencing housing instability; b. Summary of key community engagement themes related to local housing needs and priority outcomes for new affordable housing investments, approach to geographic distribution and location strategies, acknowledgement of historic/current inequitable Exhibit A to Resolution No. 19-5015 Affordable Housing Bond Program Work Plan January 2019 Exhibit C access to affordable housing and opportunities for stakeholders to identify specific barriers to access, and opportunities to advance racial equity through new investments; c. Summary of how the above themes are reflected in the Local Implementation Strategy. 4. Plan to ensure ongoing community engagement to inform project implementation, including: a. Strategies for ensuring that ongoing engagement around project implementation reaches communities of color and other historically marginalized community members, including: people with low incomes, seniors and people with disabilities, people with limited English proficiency, immigrants and refugees, existing tenants in acquired buildings, and people who have experienced or are experiencing housing instability; and b. Strategy for ensuring community engagement to shape project outcomes to support the success of future residents. Exhibit A to Resolution No. 19-5015 HACC Local Implementation Strategy, 2019 1 | Page Clackamas County Local Implementation Strategy (LIS) Metro Affordable Housing Bonds +++ I. Introduction……………………………………………………….……….…................pg. 2 II. Strategy Development……………………………………………………….………...pg. 5 III. Implementation Phases…………………………………………………………...…..pg. 6 IV. Organizational Plan for Implementation……………………………………………..pg. 6 V. Project Selection Process………………………………………………….…………..pg. 7 VI. Leveraging Other Affordable Housing Resources…………………………………..pg. 9 VII. Project Selection Criteria………………………………………………………………pg. 11 VIII. Project Implementation.………………………………………………………….……pg. 15 IX. Reporting on the Implementation Strategy……………………………………….…..pg. 18 Exhibit 1 – Outreach Report…..…………………………………………….………….…..pg. 19 Exhibit 2 – HACC Portfolio Approach (Tracking Worksheet) …………………….……..pg. 32 Attachment 1 – Clackamas County Metro Boundary Map…………………………….....pg. 33 HACC Local Implementation Strategy, 2019 2 | Page I. Introduction Clackamas County sits south of the Portland metro area in the Willamette Valley and in the shadow of Mt. Hood. Here we have national forests, hideaway lakes, winding rivers, thriving agriculture, bustling cities, and small town communities. We’re a county with a rich history dating back to 1843 when the early settlers created the four original districts that made up Oregon, naming Clackamas County after the Clackamas Indians. Today, our county covers nearly 1,900 miles with a little more than 400,000 residents, making us the third largest county in the state by population. More than half of our residents live in 16 cities; the rest live in unincorporated areas. We are a county of diverse and welcoming communities, where all residents are essential. Diversity, equity, and inclusion are of great importance in our county, but due to the high cost of housing and increasing wage gap, many residents increasingly struggle to remain housed. This Local Implementation Strategy (LIS) aims to sustain Clackamas County’s livability, particularly for those most in need. This LIS will serve as a guide for the county and our partnering communities as we create affordable housing using the Metro Affordable Housing Bond. As a county without entitlement cities (cities with a population of at least 50,000), all bond resources will run through the Housing Authority of Clackamas County (HACC). Clackamas County is excited to be an implementing jurisdiction of the Metro Bonds. These resources will play a critical role in creating opportunities and will expand our cities racial and cultural and economic diversity while meeting a range of important housing needs that will provide increased stability for decades to come. Our highly skilled staff and committed elected officials will work collaboratively with our community and jurisdictional partners to expedite review periods for projects that come our way in order to capitalize on this exciting resource and get housing built as quickly as we can. Clackamas County Housing Needs In 2018, Clackamas County embarked on an ambitious look at a countywide Housing Needs Analysis (HNA). To undertake this endeavor required the collaboration and cooperation of all Clackamas County cities as well as our unincorporated communities. The study was contracted with ECONorthwest with the goal of developing an in-depth understanding of the housing needs in our county, as well as where we need to focus additional resources (monetary or partnership driven) to create opportunities and provide a lasting impact for residents that have been historically marginalized. HACC Local Implementation Strategy, 2019 3 | Page To date, Clackamas County has 2,806 existing regulated housing units within the Metro boundary. Of these regulated units there are 543 Public Housing units operated by HACC. The information below represents data provide to HACC through a county-wide Housing Needs Assessment (HNA) and is representative of new affordable rental housing needs. Estimated (New) affordable rental housing needs, based on Median Family Income (MFI), forecasted for the next twenty years (2019-2039) in the urban unincorporated areas of Clackamas County. Unincorporated* Urban Areas Extremely Low Income (<30% MFI Need) Very Low Income (30-50% MFI Need) Low Income (50- 80% MFI Need) Total affordable rental housing need between 0- 80% MFI All Urban 1,175 1,166 1,666 4,007 Source: U.S. Department of Housing and Urban Development. U.S. Census Bureau, 2012-2016 ACS Table 19001. *The data provided is still in DRAFT form and will be updated once finalized. Estimated rental housing needs, based on Median Family Income (MFI) forecasted for the next twenty years (2019-2039) within the Metro boundary of incorporated cities of Clackamas County. City* Extremely Low Income (<30% MFI Need) Very Low Income (30-50% MFI Need) Low Income (50- 80% MFI Need) Total affordable rental housing need between 0- 80% MFI Gladstone 62 72 51 185 Happy Valley 473 548 1,025 2,046 Lake Oswego 198 167 198 563 Milwaukie 256 167 274 316 Oregon City 441 353 599 1,393 West Linn 98 164 102 364 Wilsonville 333 592 347 1,272 Source: U.S. Department of Housing and Urban Development. U.S. Census Bureau, 2012-2016 ACS Table 19001. *The data provided is still in DRAFT form and will be updated once finalized. HACC Local Implementation Strategy, 2019 4 | Page Available Resources and Framework Targets This Implementation Strategy focuses on the housing that will be developed within the eligible Metro boundary in Clackamas County. Bond resources are designated for use within Metro jurisdictional boundaries and are not applicable to incorporated and unincorporated communities outside of this boundary; see Attachment 1 for a detailed map of the applicable Metro boundary for Clackamas County. Bond revenues dedicated to HACC are $116,188,094. The goal for HACC is to support at least 812 units of affordable housing in the community. These can be newly built units or existing units that are at risk of rapidly rising rents. While many of these units are expected to provide rental housing, affordable homeownership opportunities units may also be supported with the bond resources. Recognizing that our lowest income neighbors have the greatest challenges in securing affordable housing, and consistent with the Metro Bond Framework, HACC has set a goal that at least 333 of these units will be affordable for households with incomes at or below 30% of area median income. These units may serve people with special needs as well as people who earn low wages or have fixed incomes. At least 200 of these units will be supported with rental assistance provided by HACC, allowing them to be targeted to the most fragile households. To aid this process, HACC will provide opportunity for developers to access site-based rental assistance via competitive applications at several points throughout the life of the bond. It is currently anticipated that at a minimum, 2/3 of the vouchers will be offered for use on developments that are not the redevelopment of HACC public housing sites. In order to ensure that residents are stable and secure, HACC will work with project sponsors and developers to connect social service agencies and other community partners as a link to supportive services for these affordable housing units. Because the need for affordable housing crosses many income levels, and because serving moderate-income households can effectively provide a source of cross- subsidization for lower-income households, HACC may also explore options to include units that have rents appropriate for households with incomes from 61% to 80% of area median income. No more than 81 Bond financed units will have rents at this level. The need for affordable housing crosses income levels, and serving higher-income households can create cross-subsidization for very low-income households. The private rental housing market has always been concentrated on small unit sizes, while the need for rental housing crosses a range of household sizes. This mismatch between need and available units is especially difficult for lower-income households. As a result, the Metro Bond Framework has set a goal that half of the units developed under the bond program must include two or more bedrooms. For HACC, this means that at least 406 units will include two or more bedrooms. HACC Local Implementation Strategy, 2019 5 | Page Advancing Racial Equity The Housing Authority of Clackamas County prioritizes advancing racial equity for all its activities. This is an ongoing priority of HACC to mitigate decades of government policy from the federal to the local level that contributed to disparate outcomes for communities of color. People of color struggle disproportionately with unaffordable housing, displacement and homelessness. The implementation of the Affordable Housing Bond provides an opportunity to work to address this inequity and to meet the needs of historically marginalized communities. Efforts and opportunities to address racial equity occur at many points in the implementation of the Affordable Housing Bond. Opportunities to advance racial equity include community engagement and plan development, project selection, the inclusion of minority businesses and workforce in the design and construction of housing, the formation of culturally specific partnerships for outreach and services, accessible tenant selection/screening criteria processes, contracting opportunities post construction, and ongoing reporting of outcomes. The specific implementation strategies HACC will employ are discussed in the various sections below. II. Strategy Development HACC has developed this LIS by engaging in a comprehensive outreach and review process during the spring and early summer of 2019. Meaningful community engagement is the basis for this LIS. The outreach process resulted in hearing from hundreds of community members and dozens of local stakeholder agencies and jurisdictional partners. This resulted in perspectives on housing needs across Clackamas County especially focused on special needs populations. Exhibit 1 provides a detailed report on the outreach and engagement process; the highlights are included below. Listening Phase To inform our LIS, Clackamas County and HACC recognize the importance of community engagement. To help us outline this process, we began active outreach efforts to inform the public about the forthcoming Affordable Housing Bond and the impact it will have on critical housing needs throughout the communities in Clackamas County. Utilizing advisory boards already in place, feedback from our County Commissioners, jurisdictional partners, and our residents, HACC established several opportunities for information sessions detailing our countywide state of housing needs and the guidelines and outcomes expected through the Affordable Housing Bond program. During these information sessions, county staff asked “key” questions of our audiences to help inform how the formation of our LIS and how best to organize implementation. Below represents findings from these sessions. Review Draft Feedback This LIS was drafted using the Metro Affordable Housing Bond Work Plan adopted in February of 2019, as well as with feedback from HACC Board, our Housing Advisory HACC Local Implementation Strategy, 2019 6 | Page Board (HAB), and feedback during various listening sessions held by HACC over several months. HACC staff will present the draft LIS to the HACC Board for feedback on June 18, 2019. At that point, the LIS draft was made available for community feedback, as well as comments from Metro staff, members of the Metro Housing Bond Oversight Committee, and community groups engaged in the Listening phase. Local Implementation Strategy Approval It is anticipated that a final LIS will be reviewed by the Metro Housing Bond Oversight Committee on August 7, 2019, and subsequently by Metro Council on September 5th, 2019. It will be considered by the HACC Board for final County approval on September 10th, 2019. III. Implementation Phases Implementation of Bond funded projects is expected to occur over a period of four to seven years. This timeline will allow for the identification of sites, securing needed resources for capital and services, forming partnerships with developers and service providers, procurement of projects through public solicitations, and completing construction. During this period, community needs and opportunities may change. New census data will become available, new community planning efforts may be initiated or completed, and new resources or opportunities may become available while other resources or opportunities may not materialize as anticipated. In addition, certain framework goals may be easily fulfilled, while others may prove more challenging. Because of the dynamic nature of this work, HACC proposes to periodically review, and potentially reset this Implementation Strategy. HACC proposes to take a portfolio approach to implementing Bond resources, monitoring and adjusting the LIS when appropriate (Exhibit 2). Because the pace of implementation is uncertain, review points will not occur at specific points in time but instead will be based on the commitment of Bond resources to specific projects. HACC will use Exhibit 2 as an addendum to this Implementation Strategy. As project commitments are made, the tracking worksheet will be updated to show balances of funds available and progress toward framework goals. This will provide a real-time update that can guide the selection of the subsequent projects to ensure that overall goals and resource commitments are consistent with the Metro framework. Should the tracking worksheet indicate that a modification to the adopted Implementation Strategy is advisable; the amendment process will include community outreach and engagement, review by the HAB and amendment by the HACC Board with submission to Metro for review and approval. IV. Organizational Plan for Implementation HACC will use a combination of staff and consultants to administer this Implementation Strategy. In-house staff will be responsible for coordinating community engagement and HACC Local Implementation Strategy, 2019 7 | Page outreach, project selection process, project documentation and funding processes, as well as overall program monitoring and reporting. The Housing Authority may engage consultants with expertise in financial packaging of affordable housing to review proposed projects during the selection and commitment phases. Similarly, HACC may engage consultants or collaborate with other project funders to leverage their expertise in construction management to help oversee project development. Some aspects of implementation will require the development of new systems for HACC. Depending on the activity, HACC will either create its own tracking/compliance system or may work with Metro or other jurisdictions to create effective implementation strategies. In addition to the county general fund, Metro has committed $2,446,065 of one-time funds to be spent over five years to augment and support Clackamas County’s development team and pre- development activities directly related to bond implementation and bond funded projects. Initially, Clackamas County anticipates that these funds will support additional staffing for our Finance and Community Development departments to implement, track and monitor bond resources over the term of the bonds. In addition, these resources will also support our ongoing community outreach engagement strategies. V. Project Selection Process HACC will work in partnership with developers/owners that are skilled and interested in providing affordable housing throughout the County’s Metro boundary. In addition, the Housing Authority itself intends to be a developer or owner of housing funded under the Bond. HACC expects that the Bond funds may provide support for a total of approximately 8-12 projects. HACC expects that it will be the developer/owner of approximately 450 units of bond-financed housing and will use approximately $63.9 MM or 55% of the total bond resources with the remaining balance, $52.3MM or 45%, available for projects sponsored by non-profit or for-profit developers throughout the eligible bond boundary within the county. HACC will establish a set of expectations for developers/owners to ensure that both the framework goals and racial equity outcomes are achieved. These are requirements that will apply to all developer/owners; they will not be competitive selection criteria. Requirements will include such things as the period of affordability, the inclusion of MWESB contractor participation in the development process, community engagement during predevelopment, and the use of best practice outreach and tenant selection criteria. The specific requirements are described in the Project Selection Criteria and Project Implementation sections below. The Housing Authority will utilize the Clackamas County Housing Advisory Board (HAB) as a review committee. The HAB is comprised of Clackamas County residents and industry experts from the fields of affordable housing finance, resident services, HACC Local Implementation Strategy, 2019 8 | Page homelessness, affordable housing development, real estate management, culturally specific service providers, the elder community and the construction general contracting industry. The HAB will provide feedback to staff and advise the HACC Board regarding proposed Housing Bond projects. Accessing Bond Resources HACC anticipates that access to bond proceeds will occur through several processes; Notice of Funds Availability (NOFA), Requests for Qualification (RFQ) and Requests for Proposals (RFP), and in select cases via negotiated or sole source agreements, are all examples of proposed bond allocation mechanisms. These various avenues for accessing bond resources are explained in greater detail below. However, in all cases in which bond resources are allocated, the selection process will include a set of expectations for all developers/owners to ensure selected projects achieve both the framework goals and racial equity outcomes. These requirements include a 60-year affordability covenant for new construction, a minimum of a 30-year affordability covenant for acquisition/rehab inclusion of minority and women-owned contractor participation in the development process and the use of best practice outreach and tenant selection criteria.. NOFA HACC anticipates that for sites that are not part of HACC’s public housing portfolio competitive NOFA processes will be used to support the release of $52.3MM (45% of bond proceeds) for projects sponsored within the eligible boundary for Clackamas County.. A competitive NOFA is expected to be released as early as fall of 2019 providing early access to bond resources for projects that can demonstrate project readiness. Request for Qualification (RFQ) or Request for Proposal (RFP) HACC anticipates that many but not all sites developed throughout our public housing portfolio will be solely developed by HACC. In those instances where a site is not being developed by HACC we anticipate issuing through a competitive RFQ or RFP our intent to allocate resources from the $63.9MM (55% of bond proceeds) set aside for this portfolio. Though subject to change, HACC anticipates that the first of our public housing redevelopments, Hillside Park in Milwaukie, will begin in 2021. Following Hillside Park, HACC expects that Clackamas Heights in Oregon City (also a public housing site) would begin its process for redevelopment approvals in 2021 with an RFP for bond resources available sometime after final redevelopment approvals have been granted. Negotiated or Sole-Source Agreements In some instances, HACC may choose to engage in a negotiated agreement or sole- source proposal. An example of this type may be the acquisition and rehabilitation of an existing building that provides an opportunity to further Clackamas County’s affordable housing stock, or when a developer or landowner has an available site that is adjacent to publically owned property. In both described cases, time may not allow for a competitive HACC Local Implementation Strategy, 2019 9 | Page funding release and therefore, HACC would instead consider a rolling process forr these types of developments. In all cases, any proposed use of bond resources will be reviewed first through HACC staff and then via the Housing Advisory Board (HAB) before any recommendation to the HACC board and Metro. An exception to this process is the Gladstone SRO affordable housing project which had been identified as a potential Bond funded project prior to the development of this LIS. This project is expected to be the first project to be funded with Housing Bond resources in Clackamas County and the reasons for being exempted from this selection process are detailed below. Phase 1 Project – The Gladstone SRO Affordable Housing site Consistent with Metro and Clackamas County’s hopes to demonstrate timely progress in Bond implementation, HACC has identified a Phase 1 Project. The project, located in Gladstone, is the re-development of an older special needs housing site that can provide up to 45 units. HACC will be the developer/owner of the project. The site is currently controlled by HACC and has been vacant for a number of years. It had previously been used as a nursing home and then a residential facility for youth. The site can be easily re-adapted, has good service spaces, is close to commercial services, transportation, and is affordable. The development of the Gladstone Single Room Occupancy (SRO) can fill a gap in the existing continuum of housing in Clackamas County by providing property for a singles population with deeply affordable rents and wrap around supportive services. HACC envisions the project will provide single room occupancy units to single adults. All of the units will have tenant rents at or below 30% AMI and will have project-based rent assistance. HACC is continuing to explore whether the project would be targeted to a specific sub-population or available to a range of income-qualified singles. HACC will explore the opportunity for partnerships with service providers who may have clientele needing housing and/or providers who may have valuable services to offer to residents. The space configuration allows the possibility of locating a medical clinic on site as well as on-site food preparation services available to residents. The bond funds in this project will be leveraged with 4% tax credits and the site is located in a qualified census tract, increasing the resources generated by the tax credits. Other leverage sources may include the Multifamily Energy Program (MEP), Permanent Supportive Housing (PSH) resources, and a permanent mortgage. Public Housing Re-Positioning The Housing Authority is working on master plans to re-position its existing public housing portfolio. There are currently three primary public housing sites—Hillside Park, Clackamas Heights, and Oregon City View Manor. Long-term plans for these sites may include possible sales of current land holdings associated with these sites, possible HACC Local Implementation Strategy, 2019 10 | Page purchases of adjacent sites and ultimately the re-development of the bulk of the existing 300 units into new communities. These projects are some of the oldest public housing in Oregon. They have a number of problems including poor physical condition, poor use of land, poor locations and over concentration of lower income households. The Housing Authority’s goal is to embark on community-based input and planning exercises that result in well-built mixed-income communities with modern levels of density. The Housing Authority expects that the new master plans will result in substantially more units of affordable housing. Use of Bond funds to support this re-positioning effort is consistent with Metro requirements that Bond financing only be used for existing affordable housing sites that are part of the redevelopment of a residential property with existing public affordability restrictions, as long as the redevelopment results in a substantial net increase in the total number of affordable homes. In such cases, Bond funds may only be used for the portion of new homes that are not replacing regulated affordable homes currently on the site. HACC expects that it will use some portion of the Bond funds in these re-development projects. While the specific sites, the number of units and characteristics of those units are not set at this time, it is expected that the projects selected for Bond funding will emphasize large family and deeply affordable units. Should the Housing Authority identify public housing redevelopment sites under this Implementation Strategy, it will determine whether to develop/own the project themselves or to select a developer/owner; HACC anticipates acting as a developer on at least 300 of our public housing units. Should HACC decide to select a developer/owner it may use an RFQ, RFP, or sole source selection process. Sites Identified by Metro The allocation of Affordable Housing Bond funds includes an allocation for land acquisitions carried out by Metro rather than by the implementing jurisdictions. Metro has allocated an estimated $12 million for acquisition in Clackamas County. We will encourage Metro to purchase sites throughout the eligible boundaries in the county to further leverage our allocation of bond funds. HACC is committed to working closely with Metro should such sites be identified. When such sites are identified, HACC and Metro plan to select a developer/owner through a competitive process. Sites Proposed by Developers The Housing Authority may accept unsolicited proposals from developers for projects to be funded under the Bond. Developers should be aware that, depending on progress against the Bond framework, such proposals may need to achieve specific targets for income levels, cost, unit types, geographic area, racial equity, accessibility, or other characteristics. Developer/owners are encouraged to work closely with HACC to ensure that their proposals are responsive to the evolving needs of HACC’s Implementation Strategy. HACC Local Implementation Strategy, 2019 11 | Page VI. Leveraging Other Affordable Housing Resources While the Metro Bond resources are substantial, in order to accomplish the unit targets of the Bond, these funds will need to be blended with other public and private funding sources, including other HACC resources. A number of principles will guide efforts to leverage the Bond funds: ● Maximize the use of non-competitive resources. The 4% LIHTC program is available on a non-competitive basis to provide equity for affordable housing development. This program is especially useful for larger projects or scattered site projects that can be bundled to achieve the scale desired by equity investors. Developing projects in Qualified Census Tracts (QCTs) or Difficult to Develop Areas (DDAs) can maximize the usefulness of the 4% tax credits. ● Maximize use of private resources. Many projects will generate sufficient rental income to be able to make debt service payments on loans from private banks. While ensuring that projects have appropriate operating budgets and reserves, private debt should be secured for projects whenever feasible. Additionally, where bonds may be used for homeownership opportunities, the owners’ mortgages are an example of leveraging private sources. ● Maximize local resources. A variety of local resources may be available to support capital and operating expenses: ○ Project-based rental assistance. HACC has committed project-based rental assistance for 200 units to Bond projects. This assistance will allow residents to pay based on their household income, while the project will receive a set rental income based on the rental assistance payment standard. ○ Property tax exemption. For project developed/owned by HACC, it will take advantage of property tax exemption under the provisions of ORS 307.092--this is the statute that provides property tax exemptions for housing authorities. It may also consider this exemption to projects under co-development agreements with HACC. ○ Publicly owned land. HACC will prioritize projects developed on County/HACC- owned or other publicly owned sites. The ability of HACC or other jurisdictions to donate the full value of the sites may vary, but discounted values would likely be available. ○ Explore other local resources. The Clackamas County Board and HACC will work with bond-eligible jurisdictions to identify local resources that support bond financed projects in an effort to encourage bond developments in jurisdictions committed to affordable housing. ○ Seek other existing affordable housing resources (Federal, State and County resources). HACC recognizes that despite the substantial amount of Bond funding, projects may have financing gaps that are best filled with other traditional affordable housing program resources. Though it is not anticipated that these competitive resources will be utilized to support bond-financed HACC Local Implementation Strategy, 2019 12 | Page developments, sources outside the purview of HACC may be needed to complete financing packages for specific projects. In partnership with the selected developer, HACC will work with other funders in a transparent way to find the most effective and efficient way to bring these resources to Bond funded housing projects as necessary. ○ Support the pipeline of other affordable housing projects. While much of HACC’s efforts during the implementation of the Affordable Housing Bond will be focused on moving the pipeline of Bond funded projects forward, the ongoing availability of other Federal, State, and local affordable housing resources means that there is a likelihood other projects may move forward during the same timeframe. HACC will monitor the pipeline of projects proposed and funded throughout Clackamas County and will collaborate with developers and jurisdictions throughout the county to identify the most appropriate funding packages and other support that can be allocated to those projects. ○ Funding for resident and supportive services. HACC will work with regional and state partners to identify a consistent funding source to serve vulnerable homeless or at risk populations. It is through consistent funding of resident and supportive services that vulnerable populations can remain housed and help the project succeed financially. VII. Project Selection Criteria and Metro Framework HACC will consider a number of factors in the selection of Housing Bond projects. The first consideration will be how each project contributes to the accomplishment of the goals in the Metro Framework. Under the Framework, HACC has the following targets: Framework Targets Total Units 812 Minimum number of 30% AMI Units 333 Maximum number of 61% to 80% AMI Units 81 Minimum number of 2 Bedroom & Larger Units 406 HACC does not expect that each project will reflect the ratios expressed by these targets, but instead that the overall portfolio of funded projects will achieve this mix. HACC does expect that most projects will include some units that are two bedrooms or larger. The ratio of small and large units will reflect the characteristics of the target HACC Local Implementation Strategy, 2019 13 | Page population of specific projects, and that in turn, should reflect characteristics of a site in terms of whether it is best suited to families with children or smaller families. HACC does expect that most projects will include some units with rents at 30% AMI. In some cases, projects will be targeted to low wage earners, while others may be targeted to people with disabilities or other special needs, or people who have experienced homelessness. Some projects may be designed exclusively to have 30% units or have high concentrations of 30% units with corresponding supportive services. HACC hopes to include 61%-80% AMI units when that helps to cross-subsidize lower income units or reduces the amount of Bond financing needed for the project. HACC will focus its Bond financed affordable housing on new construction multi-family rental projects and may also consider multi-family acquisition/rehabilitation projects. Additionally, HACC is considering investing Bond resources in homeownership strategies should the right location and opportunity arise. In our community engagement, participants from communities of color strongly emphasized a desire to see Bond resources promoting access to home ownership among communities of color in Clackamas County. Furthering Clackamas County’s Affordable Housing Goals In addition to fulfilling the LIS, HACC will work to align the affordable housing developed with the Bond to support a variety of local goals. These include: ● Working to create housing opportunities across the geographic area of this Implementation Strategy. This includes the cities and unincorporated areas of Clackamas County that are in the Metro area. ● Focusing its Bond-financed affordable housing on new construction of multi-family rental projects and explore homeownership opportunities. ● Considering acquisition/rehabilitation projects to prevent displacement. ● Geographic Goals – HACC looks to support projects in opportunity neighborhoods that have good access to transportation, commercial services, community amenities, and provide the opportunity to create inclusive mixed-income neighborhoods. ● Target Population Goals – During the Listening phase, we received reminders of the need for senior housing, family housing (to include three and four-bedroom units), housing accessible to high needs populations, housing that is compliant with the American with Disabilities Act (ADA), and housing for individuals exiting the foster care system. Due to limited resources and the small number of projects to be funded under the Bond, addressing all these needs will not be feasible, but HACC will strive to assist as many of these needs as possible. To do so, HACC will require that project sponsors of bond developments are holding at least two engagement sessions during predevelopment to actively engage with the community surrounding the sites location and to provide listening and feedback sessions to the potential residents that may live there. HACC Local Implementation Strategy, 2019 14 | Page ● Complementing other affordable housing-related activities – The Housing Bond funds allow HACC to leverage its resources to continue its work on other affordable housing strategies and in other parts of the county that aren’t eligible for Bond proceeds These include working with property owners to identify ways to improve the housing stock while avoiding forced displacement of tenants, collaborating with market-rate developers and nonprofits to also consider development in non-Metro boundary communities, prioritizing Community Development resources to support non-Metro boundary developments, working with homebuilders to increase affordable homeownership stock. ● HACC supports the principle that housing created with the bond should maximize housing choice for tenants. Racial Equity HACC’s approach to racial equity in project selection will take into consideration factors such as: ● Increasing affordable housing in areas with existing underserved diverse populations, especially in areas that may be subject to gentrification. Throughout our community engagement process, the needs of those historically underserved in growing areas of gentrification were heard. Priority will be placed on developments that provide by location and amenities the ability to create long-term affordable housing with the following criteria considered: o Providing new affordable housing in high opportunity neighborhoods and sites. This would include sites that have good access to transit (e.g. bus, rail, bike paths and pedestrian corridors), jobs, quality schools, commercial services, parks & open space, etc. ● Supporting project teams that have a proven track record of: ○ Outreach, engagement, and ensuring participation of minority and women-owned contractors in pre-development and construction of the project, as well as the ongoing maintenance of the building ○ Engaging targeted and/or marginalized communities, communities of color as part of its leasing process ○ Creating an inclusive tenant screening criteria process, minimizing barriers to housing experienced by communities of color HACC will prioritize projects addressing the historical racial disparity and lack of housing access and opportunity to build equity and generational wealth experienced by communities of color. Addressing these disparities may be through projects sponsored by culturally specific organizations, or projects sponsored by partnerships in which culturally specific organizations have a meaningful role in project design and operations, or sponsors that provide sufficient proof of their ability to connect with communities of color to promote housing access and/or affordable homeownership opportunities Connection to Services HACC Local Implementation Strategy, 2019 15 | Page HACC expects that Resident Service Coordination will be provided at all projects, appropriate to the level of need of the target population. Resident Services will focus on eviction prevention, helping residents access to mainstream services for which they may be eligible, empowerment services and community building activities. Projects serving high needs populations will require robust supportive services to ensure resident stability and positive outcomes. HACC currently provides limited supportive services. HACC will work closely with other Clackamas County departments to help connect developer/owners to public and private service providers in the community to create needed partnerships. HACC will evaluate a project's’ target population and service plan to ensure that it is appropriate and durable. HACC will approve resident service fees in project operating expense budgets. HACC heard throughout our community engagement with historically under- represented communities, the importance space and place play in regards to the development of a site; importance that moves a building from simply housing to a place called home. To that end, HACC will require that developers/sponsors of bond-financed units detail within their proposals and design how they intend to meet and promote community gathering space opportunities. These may be opportunities both internal to their developments or through site locations that emphasize access to community building through existing amenities such as: parks, libraries, community centers, and other place-making opportunities. Project Cost/Leveraging Funds HACC plans to use Bond funds to support a portfolio of projects that provide the best return on investment in the form of long-term sustainable housing. These projects will be characterized by efficient design and durable construction. They will use cost-effective green building measures to create efficient use of energy and water, and select materials to create healthy living spaces. They will be well aligned with the needs of the target households in terms of space, amenities and service requirements, and will be valuable assets in the communities in which they are located. The blend of funding sources will have an impact on both hard and soft costs. Hard costs will be impacted by development standards of investors, lenders and other public funders. Soft costs will vary with requirements for specific legal, accounting, reserve requirements, and fees. Leverage will also be impacted by the service needs of the residents. HACC will evaluate all proposed projects to ensure that the costs are reasonable and appropriate to the specific project. In doing this evaluation HACC will focus on the amount of Bond funds needed rather than the total development costs of projects. This evaluation may consider: ● Scale appropriate to the target population. ● Scale appropriate to the neighborhood in which the project is located. ● Costs associated with mixed-use projects. HACC Local Implementation Strategy, 2019 16 | Page ● Quality of construction materials. ● Costs associated with the service needs of the target population. ● Reasonable fees and reserves. HACC recognizes that in order to accomplish the overall unit target, it will need to have an average Housing Bond expenditure per unit of approximately $143,000. Some projects may receive significantly fewer Bond funds than this amount, while others may receive significantly more. The Bond funding levels available for specific projects or funding processes will be clear in the Exhibit 2 tracking worksheet that is attached to this Implementation Strategy. Capacity/Readiness to Proceed Affordable housing is a specialty business that differs in many ways from market-rate housing or other real estate development. HACC will seek to partner with non-profit, for- profit, or governmental organizations that have demonstrated skills as affordable housing developer/owners. Expertise with the framework target unit types and with the specific population proposed by a project will also be considered. Timely implementation of the Housing Bond is critically important and was a point of emphasis throughout our community engagement activities. In its selection process, HACC will prioritize projects that have a clear path to timely completion. HACC may prioritize projects that have appropriate zoning, have secured much or all of the other financing sources, have secured needed service partnerships, have a clear and achievable racial equity plan, etc. While HACC may not make concept endorsements until projects meet benchmarks that indicate the likelihood of projects coming to fruition, HACC suggests that interested developers begin conversations with the Housing Authority at the earliest stages of pre-development to ensure that project programming aligns with the Implementation Strategy. VIII. Project Implementation Review & Approval of Projects Bond-funded projects will go through a multi-stage review and approval process as follows: ● HACC concept endorsement. To be forwarded to Metro for concept endorsement a project must, at a minimum, have site control, a preliminary development plan, the preliminary estimate of total development costs, a preliminary estimate of needed Housing Bond funds, and an identified development team. HACC will process concept endorsements first at the staff level, then review by the Housing Advisory Board, and review by the HACC Board work session. ● Metro concept endorsement. HACC staff, in conjunction with Metro staff, will present the project to Metro for endorsement by the Metro COO. Metro will review the project for conformance to the adopted Local Implementation Strategy. HACC Local Implementation Strategy, 2019 17 | Page ● HACC project approval & funding authorization. As the project completes due diligence and moves to financial closing, HACC will process project approval by asking the HACC Board to take action. ● Metro project approval & funding authorization. HACC staff, in conjunction with Metro staff, will present the project to Metro for final approval and funding authorization. ● Release of Funds. Once a project has received approval by HACC and Metro, funds will be released to the Housing Authority and disbursed to the project in accordance with the provisions of the project documents and the Metro Intergovernmental Agreement. Project Closing ● Metro-Approved Regulatory Agreement. All projects will be required to execute a Metro-approved Regulatory Agreement that acknowledges the use of Metro Housing Bond funds and the restrictions associated with the use of such funds. The Regulatory Agreement shall be recorded against the project at or prior to closing. ● Period of Affordability. The Regulatory Agreement will generally specify a 60-year period of affordability. For acquisition projects that are more than 10 years old, HACC may consider a shorter period of affordability, but no less than 30 years. The Regulatory Agreement will provide a first right of refusal for qualified nonprofit organizations or government entities to acquire the project upon expiration of the affordability period. ● The accomplishment of Framework Targets. The Regulatory Agreement will also specify the level of affordability and the unit bedroom sizes of the project ● Reporting Requirements & Monitoring During Operations. The Regulatory Agreement or similar agreement will also provide requirements for periodically providing information relating to the project’s financial performance, physical condition, occupancy, tenant income verification, and voluntarily collected tenant demographics. The agreement calling for these reports shall provide that reports will be made for the benefit of both Metro and the Housing Authority of Clackamas County. The agreement shall also provide physical access to the property when requested by Metro, HACC, or other project financing partners. ● Jurisdiction Documents. HACC will require a variety of other documents relating to the project. These may include: ○ Development & Disposition Agreements. In the case of properties controlled by HACC, the Housing Authority will develop agreements relating to the transfer of property to the developer/owner. ○ HACC will develop documents relating to the form of investment of Bond Funds. These may vary depending on the projected cash flow of different projects and may take the form of cash flow dependent loans or grants. In general, HACC will support the allocation of modest amounts of program income to restricted reserve accounts dedicated first to the provision of Resident Services. Projects that are expected to have more significant program income may have requirements for cash flow dependent distributions to the Housing Authority. ○ HACC will specify requirements relating to the implementation of racial equity strategies. Strategies will be developed for each project, and requirements will be documented in agreements with the Housing Authority. This will include: HACC Local Implementation Strategy, 2019 18 | Page ■ MWESB Contracting. Project sponsors will be required to make best faith efforts to achieve 20% participation of subcontracting of development hard and/or soft costs to certified minority, women, emerging small businesses. Project sponsors will be required to provide documentation of subcontracting efforts and results. ■ Workforce Participation. The Housing Authority is interested in encouraging participation in project workforce hours by minorities, women and disabled veterans. While specific programs to further this goal are not developed at the time of writing this Implementation Strategy, the Housing Authority will work with Metro, other implementing jurisdictions, and with project sponsors to explore ways to maximize participation in project workforce hours. ■ Affirmative Marketing, Tenant Selection & Lease-Up. Consistent with Metro policy and feedback provide throughout our community engagement (please see targeted engagements to specific populations in Exhibit 1, pg. 23) outreach sessions, HACC will work to ensure that Bond financed housing serves communities of color, families with children and multiple generations, people living with disabilities, seniors, veterans, households experiencing or at risk of homelessness, and households at risk of displacement. HACC will require that project developers/owners make best faith efforts to make units available to minorities and disadvantaged populations using best practice strategies. In general, this will require: ● Affirmative outreach and marketing to target populations. Developers/owners, and their property management companies (if applicable) will be expected to engage in proactive efforts to make disadvantaged populations aware of the availability of units, and the process and timeline for application. HACC will work with project sponsors to identify specific target populations for each project and will review the proposed outreach and marketing strategy for each project. ● HACC will require that project sponsors use low-barrier screening criteria that balance access to target populations, project operations, and community stability. Typical requirements may include less than standard market apartment income-to-rent ratios, reduced credit history requirements, and criminal history requirements that only consider recent convictions that are most directly tied to tenant success. Project sponsors will be required to review appeals to denials of standard screening criteria that take into consideration the efforts of applicants that demonstrate stability and potential for tenant success. Project sponsors are also required to review appeals if the disqualifying aspects of denial are related to a disability and make reasonable accommodations as appropriate. HACC Local Implementation Strategy, 2019 19 | Page Project Monitoring Projects will be subject to monitoring throughout the development process and period of affordability. The monitoring process and expectations will be documented in agreements with the City. In general, this will include: ● Monitoring During Development & Lease Up. HACC will require monthly reports during the project development and lease-up period and will conduct monthly site inspections in coordination with other funding partners to ensure progress to on-time and on-budget completion. HACC will sign off of any change orders and on monthly draw requests. ● During Operations. HACC will require annual reports that include information about project physical condition, fiscal condition, occupancy, tenant income verification, and voluntarily collected tenant demographics. HACC will conduct periodic site inspections in coordination with other funding partners. ● Post-Completion Monitoring. In addition to monitoring of operations, HACC will revisit each developments engagement plan at “natural” stages of completion and stabilization to check proposed goals against actual achievements. The intent of this stage is to reconnect with our community stakeholders to report on outcomes to date and to assess whether we need to revisit the goals of our LIS. Areas of significant interest may be in the following categories and times o MWESB proposed outcomes versus actual (50% and 100% construction completion); o Workforce participation (50% and 100% construction completion); o Low-barrier screening and outreach to communities of color as it pertains to lease up activities (initial lease up period, 1-year anniversary, 3-year anniversary); o Connection to services in the community (1-year lease-up anniversary) IX. Reporting on the Implementation Strategy Annual Report HACC staff will prepare an annual report to the Housing Advisory Board and the HACC Board on the overall progress of the Local Implementation Strategy. This information will be made available to the public and interested stakeholders using a variety of strategies such as published reports, newsletter articles and website postings. The report will include information on committed and completed projects (e.g. project status, Bond funding amounts, total project cost, and units produced by unit size, type and income level served). The report will also include information on overall progress toward achievement of the framework goals. Reporting is a critical step for HACC and Clackamas County to address the impact of our efforts. To that end, each development will be revisited and measured against its HACC Local Implementation Strategy, 2019 20 | Page outcomes to determine whether proposed levels of engagement and participation were met. Some of this information may be immediately available after project completion and some, like lease up and retention statistics may take a year or more to fully understand. The information gleaned will be valuable to our long term efforts throughout the life of the bond. It is HACC’s intention to revisit these criteria, through annual reporting of the project sponsor, so that we can make periodic changes to our strategies under the LIS and to provide feedback and reporting to our residents, stakeholders, and Metro. Reporting to Metro HACC will submit annual reports to Metro in accordance with the Intergovernmental Agreement. This page intentionally left blank HACC Local Implementation Strategy, 2019 21 | Page Exhibit 1 OUTREACH & ENGAGEMENT REPORT Clackamas County staff from Heath, Housing & Human Services (H3S) and Public and Government Affairs (PGA) initiated outreach and engagement efforts around the Metro Affordable Housing Bond after voters approved the measure in November 2018. Building upon the county’s strong relationships with local jurisdictions, affordable housing developers and service providers, county staff organized a series of engagement events targeting those respective stakeholder communities. The county also contracted with a culturally specific provider, Unite Oregon, to partner on engagement efforts with low-income community members, communities of color, people with limited English proficiency, immigrants and refugees, and people with disabilities. Similar exercises and questions were used across these various engagement events, which reached a broad and diverse cross section of Clackamas County residents. A calendar of events and detailed summaries of each key engagement activity are provided below. Summary of outreach event themes Participants advocated for the need for affordable housing development for a diverse range of populations. This included people with disabilities (including those in recovery), seniors, families with children, and single individuals. Key themes specific to what communities need for success emerged from engagement efforts across all stakeholder groups. Those included: HACC Local Implementation Strategy, 2019 22 | Page ● The need for improved countywide access to multimodal transportation systems (especially in the more rural areas, but also increased connectivity between rural and urban areas) ● Increased affordable housing with access to services and jobs ● Improved access to health services (including mental health and addiction services) Other recurring themes included safety and access to community amenities, such as grocery stores, green spaces, childcare and good schools. Additional themes emerged specifically from conversations with communities of color, underrepresented and historically marginalized communities. Promoting opportunities for homeownership was a top priority, as was access to community spaces (community rooms in buildings, shared gardens, housing near parks or green spaces, community amenities, and the like). There was also a desire for access to free or low-cost educational opportunities, and family-friendly and culturally-specific activities. Detailed accounts of each engagement event are outlined below. Calendar of engagement events Outreach and engagement was primarily information sharing presentations to local jurisdictions and community fora. In May and June county staff and Unite Oregon held a series of engagement events at which extensive feedback was gathered, summarized further below. An online survey (English only) was also available for community members to anonymously fill out. Informational Meetings Presenting Preliminary Bond Information to the Larger Community 11/28/18 and ongoing at monthly meetings Discussion of Bond and implications with CC Affordable Housing and Homelessness Task Force 11/29/18 Presentation on homelessness and the Bond to Lake Oswego City Council and staff 12/6/18 Discussion at Milwaukie Housing Forum 1/8/19 Presentation to Gladstone City Council 1/8/19 Handout and brief information shared at Clackamas County’s Legislative Dinner 1/10/19 Presentation to the Court Appointed Special Advocates for Children HACC Local Implementation Strategy, 2019 23 | Page 2/19-5/19 Worked with Community Alliance of Tenants and the Institute for Portland Metropolitan Studies on a community engagement plan for our Phase I project in Gladstone 2/26/19 Presentation to Jennings Lodge Community Planning Organization 4/14/19 Presentation to Milwaukie Housing Town Hall Community Engagement Events to Solicit Feedback for LIS Date Event Type Number of Attendees May 14th Housing Forum Targeted outreach to jurisdictional partners (including city officials, CPOs) and developers 56 May 15th ClackCo Academy resident outreach Community members (not targeted). Class made up of community members 19 May 23rd Our Housing, Our Communities General and Targeted outreach to diverse community members. Sought to engage non-english speaking and POC. Approx. 40 June 11th Homeless Solutions Coalition of Clackamas County (HSCCC) Community Meeting Service Providers Approx. 45 June 15th Clackamas County Coordinated Committee (C4 Retreat) Targeted outreach to Mayors, elected officials, Metro 53 HACC Local Implementation Strategy, 2019 24 | Page June 20th Our Housing, Our Communities General and Targeted outreach to diverse community members. Sought to engage non-English speaking and POC. Discussion around equity. 52 Targeted engagement to specific populations or organizations that serve them Participating Populations Focus Groups or Events Low-income individuals HSCCC, Unite Oregon meetings (5/23, 6/20) Seniors HSCCC, Unite Oregon meetings (5/23, 6/20) Youth experiencing housing instability United Oregon meetings (5/23, 6/20), and service providers of this population at HSCCC (6/11) Individuals with physical disabilities 6/20 Unite Oregon meeting, and service providers of this population at HSCCC meeting (6/11) Individuals with developmental disabilities (service providers) HSCCC Individuals with mental health concerns disabilities (service providers) HSCCC Individuals with addictions issues disabilities (service providers) HSCCC Individuals with limited English proficiency Both Unite Oregon meetings (5/23, 6/20) Immigrants and refugees Both Unite Oregon meetings (5/23, 6/20) HACC Local Implementation Strategy, 2019 25 | Page Individuals with current or previous experience of housing instability HSCCC (6/11) and Unite Oregon meetings (5/23, 6/20) Residents of low-income housing HSCCC (6/11) and Unite Oregon meetings (5/23, 6/20) Justice-involved individuals disabilities (service providers) HSCCC meeting (6/11) Service providers for people on probation and currently incarcerated HSCCC meeting (6/11) Community Participation Organization (CPO) members 2/26 Jennings Lodge CPO meeting Tribal community members 6/20 Unite Oregon meeting Demographic information was requested at the 6/11/19 Unite Oregon engement event but not all participants responded. Though age wasn’t captured, older adults were in attendance and have attended several events thus far. Of particular interest has been the welcome attendance of non-native English speakers. The goal from our community engagement consultants, Unite Oregon, was to cast a wide net to attract as much feedback from as many different people as we could. Primary to that goal was to recruit people of color, immigrants, and refugees. Not all who were in attendance have been willing to provide full demographic information but we have received direct feedback and information from: six Arab-Speaking immigrants/refugees; three Vietnamese speakers; 4 identifying as Spanish-speaking or Latino; an individual who identified as mixed race; one native Hawaiian. Additionally, Unite Oregon provided outreach to people experiencing housing instability. Their feedback regarding increased information and resources relating to housing helped HACC shape the format of our engagement meetings. Below is a list of jurisdictions we have had conversations with about the bond, or who have participated in a formal presentation. ● West Linn ● Sandy ● Tualatin ● Molalla HACC Local Implementation Strategy, 2019 26 | Page ● Wilsonville ● Happy Valley ● Lake Oswego ● Canby ● Oregon City ● Milwaukie ● Gladstone ● Estacada ● Fire Districts ● Beavercreek ● Johnson City ● Rivergrove Staff had informal listening sessions with the following nonprofit and for-profit developers and community groups. These discussions helped HACC staff frame topic areas and priorities within the LIS: ● Geller Silvis ● Strategies 360 ● Sera Design ● Key Bank ● MHA of Oregon ● Milwaukie Floors ● Community Development Partners ● Rose Community Development ● Columbia Care Services ● Related Companies ● Todos Juntos ● Healthy Families Oregon, Clackamas County ● Community Development Partners (CDP) ● Community Partners for Affordable Housing (CPAH) ● Otak ● Columbia Care ● Bridge Housing ● Reach Community Development ● Northwest Housing Alternatives ● Northwest Family Services ● Pedcor ● Dominium ● Structure Development ● Related Northwest ● Portland Habitat for Humanity ● Proud Ground ● NEDCO ● Strategies 360 The “Our Housing, Our Communities!” engagement sessions held on May 23 and June 20 were conducted in partnership with Unite Oregon, whose staff did extensive community outreach to historically marginalized communities to invite attendees. Interpretation was available and actively utilized in Spanish, Vietnamese, and Arabic. Childcare and dinner were provided and gift cards were distributed to all community members in attendance. Events utilized interactive activities to capture in-depth feedback. Attendees represented recent immigrants, longtime residents, multiple nationalities, different age groups, and multiple ethnicities and races. At the request of the community, the May forum included information about tenant’s rights and basic information about what affordable housing is before the bond portion of the event began. A participatory budgeting exercise was conducted at the June meeting. The two Unite Oregon meetings saw roughly 45 and 60 attendees, respectively. HACC Local Implementation Strategy, 2019 27 | Page Detailed Engagement Summaries May 14th Housing Forum: Targeted outreach to jurisdictional partners and developers This event was an opportunity to hear from city representatives and Community Planning Organizations (CPOs) as key stakeholders in successful implementation of the Metro Housing Bond in Clackamas County. Marketing strategies for this event included posting on the County Events Calendar, as well as email invitations sent to all elected city representatives, CPO Constant Contact List, as well as a list of active community developers. 56 people attended this event, which was held at Clackamas County’s Development Services Building. Participants identified a strong need for countywide public transportation improvements in order for affordable housing to be the most effective in serving the community, in addition to rent caps and a need for accessible wrap around services. In addition, fee waivers were recommended, as well as further community education around housing need. Participants also recognized the importance of community spaces such as gardens, parks, and community rooms. What needs to be in place for housing to be successful? ● Countywide public transportation ● Rent caps ● Wrap around services ● Fee Waivers ● Education on housing need ● Community Spaces (shared gardens, parks, community rooms, etc.) When looking at what populations are in greatest need of affordable housing, participants identified seniors and older adults, Workforce community members, and people with mental health challenges. Other populations identified were people with other types of disability (including people in recovery) and immigrants. What population in your community is in greatest need of housing? ● Seniors and older adults ● Work Force ● People with Mental Health Challenges ● People with Disabilities ● People in Recovery ● Immigrants Improved access to multi-modal transportation (including accessible public transportation). Other top 5 needs included access to affordable childcare, health services, and housing that includes supportive services. HACC Local Implementation Strategy, 2019 28 | Page What is your community’s greatest need? ● Affordable housing ● Transportation ● Affordable childcare ● Access to Health Services ● Supportive Housing When asked about values that should shape the County’s approach to housing development, participants discussed the importance of opportunity areas, mixed income housing, increasing opportunities for homeownership, and providing quality housing. Racial equity was also stressed as a crucial part of smart development policies and practices. It was expressed that leadership needed to keep promises to voters around affordable housing development, by getting it done on an efficient timeline. May 15th Input from ClackCo Academy participants ClackCo Academy gives members of the community the opportunity to learn more about county services and programs. This was a closed group, with direct email invites sent to ClackCo Academy participants. Members must live, work, own a business, or work full time in Clackamas County. Space is limited to 25 participants, with an additional five seats reserved for youth ages 16-20. While the class is made up of community members, this engagement event was not open to the larger community. What is your community’s greatest need? ● Access to Jobs ● Access to services ● Transportation ● Affordable Housing What population in your community is in greatest need of housing? ● Families with children ● People with disabilities ● Houseless community members ● Very Low Income ● Single Parents What needs to be in place for housing to be successful? ● Access to multi-modal transportation options (including walkable streets) ● Access to services ● Access to jobs, training/adult education ● Public space/place-making, green space ● Government support and policy evaluation (land use, zoning, etc.) HACC Local Implementation Strategy, 2019 29 | Page May 23rd Our Housing, Our Communities! This was the first event held in partnership with Unite Oregon. Conducted in the evening at the Wichita Center for Family and Community in Milwaukie, this event began with presentations about renters’ rights and housing resources, a presentation about the Affordable Housing Bond, and ended with an engagement exercise. Food, childcare, and interpretation in three languages (Spanish, Vietnamese, and Arabic) were provided by Unite Oregon. What needs to be in place for housing to be successful? ● More food banks nearby ● Gas heating instead of electric, because of the lower utility bill costs associated with gas heat ● Nearby community/cultural centers, as well as parks and natural areas ● Good parking ● High-quality schools ● Accessibility (both of housing and the surrounding neighborhood) for residents with ● Accessible transportation, especially public transit ● Community gardens ● Family-sized housing (3+ bedrooms) for larger families What population in your community is in greatest need of housing ? ● People with disabilities ● Seniors and older adults ● People in recovery ● Low income families ● Single parents ● Domestic violence survivors ● Students ● Larger families ● Families with young children What is your community’s greatest need? ● Transportation: Frequent bus service; affordable housing near transit stations; accessible ● Food: housing close to shopping centers; access to healthy food like co-ops like in Portland; free food resources for people with low incomes; access to community gardens to grow own food ● Health services: proximity to hospitals and clinics ● Affordable housing: cheaper rents for families with children; cheaper rent in general ● Other: child care; educational programs; tutoring or similar activities for children; security and safety at schools; proximity to playgrounds; low-cost home-buying opportunities; HACC Local Implementation Strategy, 2019 30 | Page safe and friendly environments; close to stores/shopping opportunities; day care services; space to own a pet; well-ventilated housing units Attendees gave a list of locations where they would like to see affordable housing in their communities: ● Oak Grove, especially near Fred Meyer ● Milwaukie ● Wilsonville, near major employment areas June 11 Homeless Solutions Coalition of Clackamas County (HSCCC) Meeting The HSCCC is a grassroots coalition comprised of more than 200 citizens, agency staff, government officials, church affiliates, and community members in Clackamas County. The mission is to find compassionate and respectful solutions to homelessness through community partnerships. On June 11th, members of HSCCC were invited to provide input on how they think the Metro Affordable Housing Bond dollars should be spent in Clackamas County. What needs to be in place for housing development to be successful (amenities, services, etc.)? ● Need for more accessible case management and other supportive services. ● Access to resources including child care and schools, jobs and training/placement, food. ● Access to mental and physical health services ● Access to multi-modal transportation options ● Place Making/Public Spaces (community building, public art, places for community empowerment) During the dot voting, the following top 5 were prioritized (in order from most votes to least): 1. Support services 2. Access to transportation (walking, bike, bus, car) 3. Access to schools/childcare 4. Close access to services (medical, dental, etc) 5. Green Space/Play Place Help us shape our county values around housing. ● Compassion, understanding acceptance. Educating community ● Equity and Inclusion ● Trauma Informed approach to providing services ● Safety ● Community oriented spaces and activities. Community participation ● Sustainability (social, environmental, etc.) ● Accessibility ● Respect, dignity, self-determination, and empowerment HACC Local Implementation Strategy, 2019 31 | Page ● Provision of and access to support services · Education and youth services During the dot voting, the following top 5 were prioritized (in order from most votes to least): 1. Compassion/understanding. Dignity, respect 2. Equity 3. Trauma Informed 4. Community Education 5. Access to Resources Additionally, inclusion, sustainability, safety, and young children were called out as important priorities. Participants also pointed to the importance of community self- determination and empowerment as important to sustainable development practices, and expressed an interest in seeing more and improved community spaces. What is your community’s greatest need? Participants were asked to provide input on the following predesigned categories: Transportation, Access to Health Services, Affordable Housing, access to food, and other. While a majority of participants did not put their city on a sticky note, the following were some of the areas identified: ● Transportation ○ Oregon City rural areas ○ Rural areas (county wide) ○ Milwaukie ○ Oregon City ○ Wilsonville ● Access to Health Services ○ Oregon City ○ Canby ○ Aurora ● Affordable Housing ○ Milwaukie/Oak Grove ○ The Whole Portland Metro Area ○ Milwaukie ○ Happy Valley ○ Oregon City ○ Wilsonville ○ Estacada ○ West Linn ○ Sandy HACC Local Implementation Strategy, 2019 32 | Page ● Access to Food ○ Milwaukie ● Other ○ Walkability ○ Access to essential services ○ Better understanding of homeless by community ○ Peer support services ○ Access to affordable childcare ○ Access to good jobs, wages, and training ○ LGBTQ+ resources ○ Youth resources ○ Financial education During the dot voting activity, the following 7 were prioritized as greatest community needs: (in order from most votes to least): 1. Affordable Housing 2. Mental Health & Physical Care 3. Transportation 4. Substance Abuse/Addiction Services 5. Support Services 6. Community Outreach/Awareness 7. Child Care What population in your community is in greatest need of housing? Of the predetermined categories, participants prioritized the following (from most to least votes): 1. People with mental health challenges 2. People in recovery 3. People with disabilities 4. Seniors and older adults The largest number of votes, however, were in the “Other” category. Some of the greatest needs identified included: ● Single adults ● Single parent households ● Youth ● LGBTQ+ community members ● Families with children ● Veterans ● Those with criminal backgrounds and those recently incarcerated ● Houseless community members ● Domestic Violence survivors HACC Local Implementation Strategy, 2019 33 | Page ● People of Color During the dot voting activity, the following 8 were prioritized as greatest needs: (in order from most votes to least): 1. Mental Health Challenges 2. Families with children (ranked top along with Mental Health Challenges) 3. People in recovery 4. POC/LGBTQ+ 5. Young people (teens and 20s) 6. Low Income 7. People with disabilities 8. Seniors/Older Adults When asked how people receive their housing news, participants answered as follows: ● Social Media (Twitter, OCCH Chat, Next Door, MACG, etc.) ● Email or E-Newsletter ● Community Group/Meetings ● Government agency communications ● Networking ● Non-profits, day centers/shelters ● Libraries ● Health clinic communications June 15th Clackamas County Coordinated Committee (C4) Retreat The Clackamas County Coordinating Committee (C4) meets to provide coordination and cooperation between jurisdictions within Clackamas County and to form unified positions on land use and transportation plans. Membership is comprised of elected officials from Clackamas County, cities, representatives from unincorporated communities, and representatives from transit, sewer, water, and safety districts. At its June retreat, County staff presented the C4 with information on the Affordable Housing Bond and conducted a similar engagement activity to those described above. Responses listed below are in order of most to least. What needs to be in place for housing development to be successful? ● Transportation access ● Services nearby ● Meaningful connections to existing neighborhood ● Green spaces What population in your community is in greatest need of housing? ● Low income households ● Families with children (especially single parent households) ● Single adults experiencing homelessness HACC Local Implementation Strategy, 2019 34 | Page ● People with behavioral health needs What is your community’s greatest need? ● Access to affordable housing ● Access to services (including health-both mental and physical) ● Improved access to transportation ● Access to jobs and job support/training Help us shape our county values around housing. ● Commitment to mixed income integration ● Educate community (combat stereotypes, build support and acceptance) ● Living wages/access to employment ● Housing First/low or no barrier housing June 20th Our Housing, Our Communities! At the second engagement meeting in partnership with Unite Oregon, we began by debriefing participants about what we had discussed in May. We then provided a short overview of local housing resources with an opportunity for participants to ask questions. Next, we provided a longer training on the concept of participatory budgeting, and then closed with a discussion of how participants define racial equity in affordable housing. Breakout groups in the following discussion provided feedback on their perspective in what racial equity means in terms of housing. They reported the following: ● Public housing as a utility, not as an investment; a way to start place-making. ● There are lots of subsidies for owners but not renters ● Ownership should occur through multiple ways ○ Low income assistance to ownership ○ Expand down payment assistance ● Barriers to contracting ● Vietnamese participants shared a model of peer-to-peer lending in Vietnam to finance housing. Could there be a revolving fund to finance home purchases at reduced interest rates? How can affordability be passed on to the next owners? ● Clackamas County should hire within the community to build housing with an emphasis on hiring workers connected to families that would be housed. ● Housing opportunities could be prioritized to first-generation owners. ● Buy properties and housing now while it is less expensive and then figure out how to make it affordable to low-income buyers later. In other words, land bank if necessary. Metro Bond Survey Results HACC Local Implementation Strategy, 2019 35 | Page From June 4th to June 26th the County hosted an online survey about the Affordable Housing Bond on its website. Participants were asked to imagine the entire county, and think of a place where they would put new affordable housing before answering the questions below. Why did you pick that location for affordable housing development? 1. Bus/Max 2. Affordable Grocery Store 3. Job 4. Food Bank, social service agency, other service 5. Where I live now (in my community) 6. Local Park/open space/trail What are some other things about the area that you picked? 1. Safety 2. Open space/available land/rural/away from the city 3. Accessibility by car (including access to freeways, drivability, parking) 4. Central location (accessible to amenities, groceries, services, near city center etc.) 5. Accessible transportation options, and accessible green space 6. Access to jobs/employment opportunities What are the biggest challenges people face when trying to find a place to live? 1. Rent is too expensive 2. Move-in costs are too expensive 3. Strict application and screening fee (income requirements, criminal and credit reports, rental history, etc.) 4. Distance from job, school, friends, family, school, etc. 5. Doesn’t accept pets 6. Not enough space for a family How do people find affordable housing? 1. Family/Friends 2. Craigslist 3. Social Media 4. Social Services Providers 5. 211 What do you think are the biggest challenges people have keeping their housing? 1. They can’t afford to pay rent 2. Lack of good transportation options 3. The apartment isn’t safe of habitable 4. The apartment isn’t located where they want to live 5. Not enough support services provided or near the apartment HACC Local Implementation Strategy, 2019 36 | Page What types of services, programs, and/or support are needed to overcome these challenges? ● Quality affordable housing county wide ● Accessible support services (including addiction services, mental and physical health services) ● Better multi-modal transportation infrastructure and services ● Access to jobs and job training/employment services ● Rent control, government and stakeholder buy-in/support HACC Local Implementation Strategy, 2019 37 | Page Exhibit 2 FRAMEWORK TRACKING WORKSHEET Metro Bond % of Total Clackamas County Allocation $116,188,094 100.0% Utilized to date $2,700,000 2% 18000 Webster Road Balance Remaining $113,488,094 98% Unit Production Targets % of Total Clackamas County Total 812 30% AMI 333 Family size 403 100% 18000 Webster Road SRO 45 45 0 6% of Total units; 14% of 30% AMI Balance Remaining 762 288 0 94% HACC Local Implementation Strategy, 2019 38 | Page Attachment 1 Clackamas County Eligible Bond Placement per the Urban Growth Boundary (UGB) HACC Local Implementation Strategy, 2019 39 | Page HACC Local Implementation Strategy, 2019 40 | Page HACC Local Implementation Strategy, 2019 41 | Page Please note, this will be entered into HMIS Experiencing or at Imminent Risk of Long-Term Homelessness Name of Head of Household:_______________________ Date of screening: ____________ 1.☐ Household is earning between 0-30% Area Median Income (AMI);AND 2021 Income Limit 1 person 2 people 3 people 4 people 5 people 6 people 7 people 8 people 30% AMI $20,300 $23,200 $26,100 $29,000 $31,350 $35,580 $40,120 $44,660 2.☐ Head of household has a disabling condition. This can include a physical, psychological or cognitive disability, a chronic illness, or an addiction; This can be self-certified. The disability does not need to be diagnosed or documented by a third party;AND 3.Head of household is currently (client only needs to meet one of the following criteria): a.☐ Literally homeless (staying in a tent, car, emergency shelter, transitional housing or hotel);OR b.☐ In an institution or publicly funded system of care (e.g. hospital, jail, prison, or foster care);OR c.☐ In housing and will become literally homeless within 14 days of the date of application for homeless assistance and/or has received an eviction (this includes households that are involuntarily doubled-up);OR d.☐ Fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, trafficking, or other dangerous or life-threatening conditions that relate to violence and lacks the resources or support networks to obtain other safe, permanent housing. Question 3 and 4 can be self-certified or certified by a supportive services provider. No additional documentation is required;AND 4.Head of household meets one or more of the following criteria: a.☐ Has been literally homeless, institutionalized in a publicly funded system of care, and/or involuntarily doubled-up for a combined total of 12 or more months over the past 3 years;OR b.☐ Was housed through another Homeless Assistance Housing Program in the last 3 years and is not currently being served in that program;OR c.☐ Is being served in an intensive case management program (e.g. Assertive Community Treatment) Healthy Families. Strong Communities. 2051 Kaen Road, Oregon City, OR 97045 • Phone (503) 742-5300 • Fax (503) 742-5352 www.clackamas.us/community_health Housing Authority of Clackamas County Clackamas County Experiencing or at Imminent Risk of Long-Term Homelessness Page 2 of 2 Priority Population A ☐The head of household meets all four of the above criteria. The head of household is experiencing or at imminent risk of long-term homelessness. Priority Population B ☐The head of household did not meet all four of the above criteria. The head of household is applying for homeless services and at substantial risk of homelessness and/or is experiencing any form of homelessness. Completing this screening does not necessarily mean eligibility for a specific program or service. Certification Box I certify (name of head of household)______________________________ is in priority Population ☐A or ☐B (Check one). Staff Name:__________________________ Work Phone:____________________ Staff Signature:_______________________ Date:_________________________ Staff Agency:_________________________ Email:_______________________________ Note on Area Median Income (AMI): The Department of Housing and Urban Development (HUD) sets AMI limits every year. This form needs to be updated on an annual basis to reflect these changes (usually the new income limits come out in April). HUD develops AMI based on Median Family Income estimates and Fair Market Rent Area Definitions for each metropolitan area. Clackamas County is part of the Portland-Vancouver-Hillsboro, OR-WA MSA metropolitan area. This includes Clackamas, Clark, Columbia, Multnomah, Skamania, Washington & Yamhill Counties. Healthy Families. Strong Communities. 2051 Kaen Road, Oregon City, OR 97045 • Phone (503) 742-5300 • Fax (503) 742-5352 www.clackamas.us/community_health Statement of community values New affordable housing in Lake Grove Metro, City of Lake Oswego and Housing Authority of Clackamas County October 24, 2022 Generated through community engagement with: - A stakeholder group of 23 people including neighbors and members of communities affected by oppression and housing disparities including Black, Indigenous and other people of color, immigrants and refugees, older people, people with disabilities, low-income people and people who have been houseless and/or have lived in affordable housing. - A survey, with 36 respondents, circulated to service providers and people with similar experiences to those who will live in this new housing. (More detail on the people engaged, methods, activities, etc. available in Metro’s engagement report to be completed and made available on our webpage by end of December 2022.) QUALITIES FOR SUCCESSFUL NEW AFFORDABLE HOUSING “Peaceful, beautiful and safe shouldn’t just be for people with higher incomes.” S. C., early phase engagement participant Outdoor environment Outdoor areas should be peaceful, beautiful, safe and sustainable. Trees provide shade, preserve the forested feeling of the neighborhood and buffer noise from Boones Ferry Road. Accessible, quiet, outdoor green spaces (such as edible and ornamental gardens, seating areas, etc.) help people connect to nature, while active outdoor space allows children and youth to run and play. Usable patios or balconies support mental health with private access to fresh air and sunlight. Outdoor space feels safe, with security features such as thoughtful site layout and lighting, safe and accessible connections to the surrounding streets and bike routes, and protected school bus and TriMet waiting areas. Parking is well- landscaped. Building design Beautiful, creative, ADA-accessible building design that fits with the surrounding neighborhood and retains mature trees will empower residents by breaking the stigma often associated with affordable housing. Universal design principles and gathering spaces (e.g., informal indoor and outdoor meeting space, community room with kitchen, library/book room, seating for all bodies) help residents build community and feel included in communal life. Personal storage options, pet areas, adequate and assigned parking, free high-speed internet, convenient laundry (prioritize in-unit washer/dryer) and easy access to outdoor space simplify residents’ lives. Sustainable building features (e.g., energy efficient appliances, 100% electric, long-lasting construction, high quality materials, solar panels/lights, passive solar, trees to help with cooling, heat pump heating/cooling, composting, generator and EV hook ups) ensure that the building remains durable and efficient to operate into the future. Designated smoking areas and soundproofing allow residents to peacefully enjoy private and shared space. Management and community Property management welcomes and engages people of all backgrounds, and questions or concerns are accepted and addressed promptly without reprisal or backlash. Management respects and fosters tenant organization as well as connection between tenants and surrounding neighbors. Informal and more organized events provide opportunities for residents to connect with one another, the surrounding neighborhood, and community groups and organizations (consider a committee or council of tenants and neighbors to plan fun things and address concerns). Management works with residents to create equitable approaches to resolving conflict and trauma-informed safety measures that do not rely on police intervention. Marketing and lease-up efforts reach people from marginalized groups. Building signage and notices are posted in multiple languages. The social environment is approachable, friendly, welcoming and inclusive; racism, homophobia and other forms of bigotry are not tolerated. Residents appreciate a sense of belonging and being part of the community – especially people who historically and currently may not have been welcome in Lake Oswego, including Black and Indigenous people, people of color, people with disabilities, LGBTQ people and people from other marginalized groups. Services A robust resident services budget and surveying residents ensures services provided in the building help residents achieve their goals (consider financial literacy, credit support, language classes, reading/English literacy, employment assistance, computer access, recovery support, childcare, health and nutrition classes, community health workers, renter protection information, etc.) Partnerships with neighborhood groups and community organizations expand ties between building residents and the broader Lake Oswego community. Access to shuttles, bike share, and other services augments insufficient public transit (e.g., regular daily or weekly trips to transit centers, groceries, city amenities) and enhance residents’ mobility. QUALITIES FOR A SUCCESSFUL DEVELOPER “Help change the view of what affordable housing is or looks like and who lives here.” C. D., early phase engagement participant Equitable A successful developer for this project will be committed to understanding and responding to the needs of marginalized people. They should have experience with and commitment to trauma-informed design and universal design. Diversity, equity and inclusion are important to this community, and should be considered at every step of the development. The developer should have a diverse staff and board, with people of color and people who’ve experienced housing instability in key roles and positions of power. They should advance equity in internal hiring and promote equitable hiring practices in their contractors. Property management should be carefully selected for a respectful, prompt, solution-based approach, experience with equity and inclusion and track record of positive relationships with tenants. Collaborative The developer should show commitment to collaborative decision making, an outside-the-box approach and a passion for creating homes and communities that break the stigma around low-income housing. Developer should have a record of multifamily projects whose building design fits with the surrounding neighborhood. Design and operation should be deeply influenced by meaningful community and neighborhood engagement (with over-representation of people with similar experiences to those who will live in this housing, i.e., low-income people, people of color, people with disabilities, etc.) and use creative solutions to issues or challenges. Partner with local community-based organizations. Show ability to work with neighbors to minimize and mitigate development impacts. Long-term focused The developer should approach development as a long-term steward of the building, the resident community and the neighborhood. A long-term focus and investment – with quality materials, sustainability, adequate budgeting for resident services and building operations, commitment to the neighborhood and intent to operate as affordable housing for the long term – will help a developer succeed here. 16719, 16731, 16745, 16759 BOONES FERRY ROAD & 5126 & 5110 WEST SUNSET DRIVE LAKE OSWEGO, OREGON _____________________________________ __________________________________________________________________________________ for METRO 600 NE GRAND AVE PORTLAND, OREGON 97232 BASED UPON TITLE REPORT 45142130331 (SUPPLEMENT 4) OF FIDELITY NATIONAL TITLE BEARING AN EFFECTIVE DATE OF AUGUST 18, 2022 ALTA/NSPSLAND TITLE SURVEYENGINEERINGSURVEYINGFORESTRYNATURAL RESOURCESLANDSCAPE ARCHITECTUREPLANNINGLAKE OSWEGO OREGONCOVERSHEET01 ALTA/NSPSLAND TITLE SURVEYENGINEERINGSURVEYINGFORESTRYNATURAL RESOURCESLANDSCAPE ARCHITECTUREPLANNINGLAKE OSWEGOOREGONEXCEPTIONS• • • 02 WEST SUNSET DRIVE BOONES FERRY ROADALTA/NSPSLAND TITLE SURVEYENGINEERINGSURVEYINGFORESTRYNATURAL RESOURCESLANDSCAPE ARCHITECTUREPLANNINGLAKE OSWEGOOREGONBOUNDARY & EXISTINGCONDITIONS MAP03 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 1 Date: 04/29/2022 Rev: 04/29/2022 WLG OC ZoneWLG OC Zone West Lake Grove Office-CommercialWest Lake Grove Office-Commercial Residential uses are limited to multifamily residences in Residential uses are limited to multifamily residences in the vicinity of Boones Ferry Road and West Sunset Drive, the vicinity of Boones Ferry Road and West Sunset Drive, as depicted on Figure 50.03.003-A.1, and shall consist as depicted on Figure 50.03.003-A.1, and shall consist of 20 or more units where at least ten percent of the units of 20 or more units where at least ten percent of the units are continuously rented, leased or made available for an are continuously rented, leased or made available for an amount of rent plus expenses associated with occupancy, amount of rent plus expenses associated with occupancy, such as utilities and fees, totaling not more than 30% of the such as utilities and fees, totaling not more than 30% of the income level that is 80% of area median income according income level that is 80% of area median income according to the Clackamas County Housing Authority’s income limits to the Clackamas County Housing Authority’s income limits for affordable housing, adjusted for household size.for affordable housing, adjusted for household size. (Ord. 2872, Amended, 10/05/2021; Ord. 2855, (Ord. 2872, Amended, 10/05/2021; Ord. 2855, Amended, 12/15/2020; Ord. 2723, Amended, Amended, 12/15/2020; Ord. 2723, Amended, 10/18/2016)10/18/2016) Parcels 16719 Boones Ferry Rd. Lake Oswego 97035 Tax Lot Number: 21E07DC07200 Lot Area: 10,801 SF 16731 Boones Ferry Rd. Tax Lot Number: 21E07DC09200 Lot Area: 6,848 SF 16745 Boones Ferry Rd. Tax Lot Number: 21E07DC09100 Lot Area: 6,633 SF 16759 Boones Ferry Rd. Tax Lot Number: 21E07DC09000 Lot Area: 10,510 SF 5126 West Sunset Dr. Tax Lot Number: 21E07DC07400 Lot Area: 8,141 SF 5110 West Sunset Dr. Tax Lot Number: 21E07DC07300 Lot Area: 8,141 SF Total Site Area : 51,074 SF Site Introduction West Lake Grove Office-Commercial Site Boones Ferry Road and West Sunset Drive, City of Lake Oswego W SUNSET DR.BOONES FERRY RD.SITE 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 2 Date: 04/29/2022 Rev: 04/29/2022 Site Introduction Aerial View from South 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 3 Date: 04/29/2022 Rev: 04/29/2022 3. Boones Ferry Rd. looking E 2. Boones Ferry Rd. looking E 1. Boones Ferry Rd. looking E View Key 1 2 3 Site Introduction Site Approach Along Boones Ferry Rd. Moving NE 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 4 Date: 04/29/2022 Rev: 04/29/2022 9. Boones Ferry Rd. and West Sunset Dr. looking W 8. Boones Ferry Rd. looking W 7. Boones Ferry Rd. looking W View Key 7 8 9 Site Introduction Site Approach Along Boones Ferry Rd. Moving SW 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 5 Date: 04/29/2022 Rev: 04/29/2022 +220’ +210’ +214’ Existing ConditionsExisting Conditions The image to right shows the topography of the site The image to right shows the topography of the site from City of Lake Oswego GIS.from City of Lake Oswego GIS. To be confirmed by survey topography.To be confirmed by survey topography. General water flow trend lines are shown in dark General water flow trend lines are shown in dark blue. The topography of the site demonstrates blue. The topography of the site demonstrates that storm water will be likely best collected and that storm water will be likely best collected and infiltrated at the Boones Ferry side of the site. infiltrated at the Boones Ferry side of the site. Geotechnical report will help determine whether Geotechnical report will help determine whether water can be infiltrated in this area. water can be infiltrated in this area. Topography Stormwater Planning Site topography from City of Lake Oswego GIS with water trend lines overlayedSTORMWATER COLLECTION OPPORTUNITIES 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 6 Date: 04/29/2022 Rev: 04/29/2022 Sewer and Water Existing Sewer ConnectionsWater District Boundaries Existing Stormwater System Water DistrictWater District Lake Grove Water District #15Lake Grove Water District #15 Note that Lake Oswego Water Service Area Note that Lake Oswego Water Service Area begins at edge of property on Boones Ferry begins at edge of property on Boones Ferry Rd. Water district confirmed with Rd. Water district confirmed with City of Lake Oswego.City of Lake Oswego. SewerSewer Available on Boones Ferry Rd. Available on Boones Ferry Rd. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 7 Date: 04/29/2022 Rev: 04/29/2022 Tax Assessor’s Map LegendLegend Parcel BoundaryParcel Boundary Private Road ROWPrivate Road ROW Historical BoundaryHistorical Boundary Railroad CenterlineRailroad Centerline Tax Code LinesTax Code Lines Map IndexMap Index Water LinesWater Lines Land Use ZoningLand Use Zoning PlatsPlats WaterWater CornerCorner Section CornerSection Corner 1/16th Line1/16th Line Gov’t Lot LineGov’t Lot Line DLC LineDLC Line Meander LineMeander Line PLSS Section LinePLSS Section Line Historic Corridor 40’Historic Corridor 40’ Historic Corridor 20’Historic Corridor 20’ 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 8 Date: 04/29/2022 Rev: 04/29/2022 R.O.W. Dedication City of Lake Oswego Parcels 16719 Boones Ferry Rd. Lake Oswego 97035 Tax Lot Number: 21E07DC07200 Lot Area (Old/New): 14,487 SF / 10,801 SF 16731 Boones Ferry Rd. Tax Lot Number: 21E07DC09200 Lot Area (Old/New): 8,205 SF / 6,848 SF 16745 Boones Ferry Rd. Tax Lot Number: 21E07DC09100 Lot Area (Old/New): 7,513 SF / 6,633 SF 16759 Boones Ferry Rd. Tax Lot Number: 21E07DC09000 Lot Area (Old/New): 11,400 SF / 10,510 SF 5126 West Sunset Dr. Tax Lot Number: 21E07DC07400 Lot Area (Old/New): 9,136 SF / 8,141 SF 5110 West Sunset Dr. Tax Lot Number: 21E07DC07300 Lot Area (Old/New): 9,136 SF / 8,141 SF Total Site Area (Old/New): 59,877 SF / 51,074 SF The drawing to the right, provided by City of Lake Oswego The drawing to the right, provided by City of Lake Oswego staff, indicates the Right of Way takes that are required. staff, indicates the Right of Way takes that are required. These property takes, overlaid on the tax parcel boundary, These property takes, overlaid on the tax parcel boundary, produce the lot areas to the left. produce the lot areas to the left. W Sunset Dr. W Sunset Dr. A 15’ dedication is required.A 15’ dedication is required. Boones Ferry Rd. Boones Ferry Rd. A 10’ dedication is required.A 10’ dedication is required. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 9 Date: 04/29/2022 Rev: 04/29/2022 New Parcels with Setbacks 15’ buffer to residential6’ setback0’ lot line 10’ setback (15’ max.) 0’ lot line Boones Ferry Rd.Boones Ferry Rd. near intersectionnear intersection 0’ setback from new street alignment. 0’ setback from new street alignment. City staff indicated that this 0’ lot line should be held for the City staff indicated that this 0’ lot line should be held for the majority of the building massing on this eastern corner of the site majority of the building massing on this eastern corner of the site but that the building can shift away from the 0’ lot line slightly but that the building can shift away from the 0’ lot line slightly to allow a recessed ground floor that provides rain protection to allow a recessed ground floor that provides rain protection at the entry. It can also shift slightly to allow access to a small at the entry. It can also shift slightly to allow access to a small plaza somewhere on site. plaza somewhere on site. Boones Ferry Rd.Boones Ferry Rd. west of intersectionwest of intersection 6’ setback6’ setback West Sunset Dr. West Sunset Dr. near intersectionnear intersection 0’ setback0’ setback transitions after first parceltransitions after first parcel West Sunset Dr.West Sunset Dr. west of first parcelwest of first parcel 10’ min. setback10’ min. setback 15’ max. setback15’ max. setback BOONES FERRY RD.W SUNSET DR. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 10 Date: 04/29/2022 Rev: 04/29/2022 Site Access ingress allowable ingress & egress allowable City desires a stubbed drive for future parking connection to adjacent developement along west property line in options that allow. Legend: Significant Tree* ** *BOONES FERRY RD.W SUNSET DR. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 11 Date: 04/29/2022 Rev: 04/29/2022 Preferred Options Option 1 Courtyard Building Option 2 2 Buildings Option 3 Bar Building Building A:Building A: Level 1: Level 1: 1,125 SF Commercial Potential 1,125 SF Commercial Potential (if shared parking is allowable) (if shared parking is allowable) 9,430 SF Residential 9,430 SF Residential Level 2-3: Level 2-3: 28,890 SF Residential 28,890 SF Residential TOTAL: TOTAL: 39,445 SF39,445 SF Landscape Area: Landscape Area: 17,718 SF (34.7% site area)17,718 SF (34.7% site area) Parking:Parking: 62 spaces (42 regular, 20 compact) 62 spaces (42 regular, 20 compact) Units: Units: 50 units (25 1-bedroom, 25 2-bedroom)50 units (25 1-bedroom, 25 2-bedroom) Building A: Building A: Level 1: Level 1: 2,945 SF Commercial Potential 2,945 SF Commercial Potential (if shared parking is allowable) (if shared parking is allowable) 2,440 SF Residential 2,440 SF Residential Level 2-3: Level 2-3: 10,770 SF Residential10,770 SF Residential Building B: Building B: Level 1-3: Level 1-3: 26,160 SF Residential 26,160 SF Residential TOTAL: TOTAL: 42,315 SF42,315 SF Landscape Area: Landscape Area: 17,729 SF (34.7% site area)17,729 SF (34.7% site area) Parking:Parking: 62 spaces (38 regular, 24 compact) 62 spaces (38 regular, 24 compact) Units: Units: 50 units (25 1-bedroom, 25 2-bedroom)50 units (25 1-bedroom, 25 2-bedroom) Building A: Building A: Level 1: Level 1: 1,910 SF Commercial Potential 1,910 SF Commercial Potential (if shared parking is allowable) (if shared parking is allowable) 6,555 SF Residential 6,555 SF Residential Level 2-3: Level 2-3: 30,800 SF Residentail30,800 SF Residentail TOTAL: TOTAL: 39,265 SF39,265 SF Landscape Area: Landscape Area: 17,980 SF (35.2% site area)17,980 SF (35.2% site area) Parking:Parking: 62 spaces (36 regular, 26 compact) 62 spaces (36 regular, 26 compact) Units: Units: 50 units (25 1-bedroom, 25 2-bedroom)50 units (25 1-bedroom, 25 2-bedroom) Legend: Compact Parking Space Legend: Potential Stormwater Mangement Areas Legend: N BOONES FERRY RD.W SUNSET DR. ...... ........ N LEVEL 1: 10,555 SF LEVELS 2+3: 14,445 SF PLAYGROUND PLAZA 8,430 W SUNSET DR. 5,385 SF FOOTPRINT 8,720 SF FOOTPRINT PLAYGROUND PLAZA W SUNSET DR.BOONES FERRY RD.N PLAYGROUND PL A Z A BOONES FERRY RD.W SUNSET DR.LEVEL 1: 8,465 SFLEVEL 2+3: 15,400 SFN . 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 12 Date: 04/29/2022 Rev: 04/29/2022 Options Development 5,780 SF footprint BOONES FERRY RD. W SUNSET DR. 5,780 SF footprint BOONES FERRY RD. W SUNSET DR.BOONES FERRY RD.W SUNSET DR.BOONES FERRY RD.W SUNSET DR.BOONES FERRY RD. W SUNSET DR.BOONES FERRY RD. W SUNSET DR.BOONES FERRY RD. W SUNSET DR.BOONES FERRY RD. W SUNSET DR.BOONES FERRY RD. W SUNSET DR.BOONES FERRY RD. W SUNSET DR.BOONES FERRY RD. W SUNSET DR. 8,430 SF footprint BOONES FERRY RD.W SUNSET DR. 8,430 SF footprint BOONES FERRY RD. W SUNSET DR.BOONES FERRY RD. W SUNSET DR.BOONES FERRY RD. W SUNSET DR. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 13 Date: 04/29/2022 Rev: 04/29/2022 Option 1 Boones Ferry Entry, Courtyard Building Building A:Building A: Level 1: Level 1: 1,125 SF Commercial Potential (if shared parking is allowable) 1,125 SF Commercial Potential (if shared parking is allowable) 9,430 SF Residential 9,430 SF Residential Level 2-3: Level 2-3: 28,890 SF Residential 28,890 SF Residential TOTAL: TOTAL: 39,445 SF39,445 SF Landscape Area: Landscape Area: 17,718 SF (34.7% site area)17,718 SF (34.7% site area) Parking:Parking: 62 spaces (42 regular, 20 compact) 62 spaces (42 regular, 20 compact) Units: Units: 50 units (25 1-bedroom, 25 2-bedroom)50 units (25 1-bedroom, 25 2-bedroom) Aerial View from SE Aerial View from SW Legend: Compact Parking Space Legend: Potential Stormwater Mangement Areas Legend: Site Plan BOONES FERRY RD.W SUNSET DR. ...... ..... ... N LEVEL 1: 10,555 SF LEVELS 2+3: 14,445 SF PLAYGROUND PLAZA . 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 14 Date: 04/29/2022 Rev: 04/29/2022 Option 1 Boones Ferry Entry, Courtyard Building Level 1 Plan Typical Upper Level Residential Plan Legend: Compact Parking Space Legend:Legend: N PLAYGROUND PLAZA . 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 15 Date: 04/29/2022 Rev: 04/29/2022 Option 2 W Sunset Entry, 2 Buildings Building A: Building A: Level 1: Level 1: 2,945 SF Commercial Potential (if shared parking is allowable) 2,945 SF Commercial Potential (if shared parking is allowable) 2,440 SF Residential 2,440 SF Residential Level 2-3: Level 2-3: 10,770 SF Residential10,770 SF Residential Building B: Building B: Level 1-3: Level 1-3: 26,160 SF Residential 26,160 SF Residential TOTAL: TOTAL: 42,315 SF42,315 SF Landscape Area: Landscape Area: 17,729 SF (34.7% site area)17,729 SF (34.7% site area) Parking:Parking: 62 spaces (38 regular, 24 compact) 62 spaces (38 regular, 24 compact) Units: Units: 50 units (25 1-bedroom, 25 2-bedroom)50 units (25 1-bedroom, 25 2-bedroom) 8,430 SF footprint BOONES FERRY RD.W SUNSET DR. 5,385 SF FOOTPRINT 8,720 SF FOOTPRINT Site PlanAerial View from SE Aerial View from SW PLAYGROUND PLAZALegend: Compact Parking Space Legend: Potential Stormwater Mangement Areas Legend: W SUNSET DR.BOONES FERRY RD.N . 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 16 Date: 04/29/2022 Rev: 04/29/2022 Option 2 W Sunset Entry, 2 Buildings Level 1 Plan Typical Upper Level Residential Plan Legend: Compact Parking Space Legend:Legend: N . 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 17 Date: 04/29/2022 Rev: 04/29/2022 Option 3 W Sunset Entry, Bar Building Building A: Building A: Level 1: Level 1: 1,910 SF Commercial Potential (if shared parking is allowable) 1,910 SF Commercial Potential (if shared parking is allowable) 6,555 SF Residential 6,555 SF Residential Level 2-3: Level 2-3: 30,800 SF Residentail30,800 SF Residentail TOTAL: TOTAL: 39,265 SF39,265 SF Landscape Area: Landscape Area: 17,980 SF (35.2% site area)17,980 SF (35.2% site area) Parking:Parking: 62 spaces (36 regular, 26 compact) 62 spaces (36 regular, 26 compact) Units: Units: 50 units (25 1-bedroom, 25 2-bedroom)50 units (25 1-bedroom, 25 2-bedroom) Aerial View from SW PLAYGROUND PL A Z A BOONES FERRY RD.W SUNSET DR.LEVEL 1: 8,465 SFLEVEL 2+3: 15,400 SFN Legend: Compact Parking Space Legend: Potential Stormwater Mangement Areas Legend: Aerial View from SE Site Plan . 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 18 Date: 04/29/2022 Rev: 04/29/2022 Typical Upper Level Residential PlanLevel 1 Plan Option 3 W Sunset Entry, Bar Building PLAYGROUND Legend: Compact Parking Space Legend:Legend: N . 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 19 Date: 04/29/2022 Rev: 04/29/2022 Precedents The Windward Mixed Use Opportunities between 30’ and 40’ The existing options have shown 3 story residential. The existing options have shown 3 story residential. However, a 4th story is allowable within the 40’ height limit. However, a 4th story is allowable within the 40’ height limit. A fourth story must be tucked within the required pitched roof that A fourth story must be tucked within the required pitched roof that begins at 30’ and reaches a maximum of 40’. begins at 30’ and reaches a maximum of 40’. Oakridge Park ApartmentsOakridge Park Apartments 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 20 Date: 04/29/2022 Rev: 04/29/2022 Precedents Character at Corner of Boones Ferry Rd. and W. Sunset Dr. Responds to Existing Development to the NE Similarly to existing development to the NE, new buildings at the corner of Boones Ferry Rd. Similarly to existing development to the NE, new buildings at the corner of Boones Ferry Rd. and W. Sunset Dr. will need pitched roofs in a scale that responds to surrounding development and W. Sunset Dr. will need pitched roofs in a scale that responds to surrounding development and adheres to Clear and Objective Housing Standards (see Zoning Code Review). City of and adheres to Clear and Objective Housing Standards (see Zoning Code Review). City of Lake Oswego expects the building to maintain a 0’ setback along the majority of this corner Lake Oswego expects the building to maintain a 0’ setback along the majority of this corner with flexibility for setbacks at the ground level and for a small plaza. Awnings or ground floor with flexibility for setbacks at the ground level and for a small plaza. Awnings or ground floor setbacks should be provided along this corner for weather protection. setbacks should be provided along this corner for weather protection. NE Neighboring Building NE Neighboring Building NE Neighboring BuildingBOONES FERRY RD. W SUNSET DR. 8,430 W SUNSET DR. Boones Ferry Rd. Option 1 Boones Ferry Rd. Option 2 Boones Ferry Rd. Option 3 W SUNSET DR.BOONES FERRY RD.BOONES FERRY RD. W SUNSET DR. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 21 Date: 04/29/2022 Rev: 04/29/2022 Precedents Multnomah County Library and Bookmark Apartments Tuck Under Parking Multnomah County Library Multnomah County Library Bookmark ApartmentsBookmark Apartments Multnomah County Library Multnomah County Library Bookmark ApartmentsBookmark Apartments Multnomah County Library Multnomah County Library Bookmark ApartmentsBookmark Apartments The Multnomah County Library demonstrates the ability to add tuck under The Multnomah County Library demonstrates the ability to add tuck under parking within a building of high design and material quality. The tuck under parking within a building of high design and material quality. The tuck under parking is concealed from primary views into the site by brick walls and parking is concealed from primary views into the site by brick walls and columns that are integrated into the rhythm of the broader building. columns that are integrated into the rhythm of the broader building. BOONES FERRY RD. W SUNSET DR. Boones Ferry Rd. Option 1 Boones Ferry Rd. Option 3BOONES FERRY RD. W SUNSET DR. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 22 Date: 04/29/2022 Rev: 04/29/2022 Zoning Code Review Boones Ferry Rd. ROW and Setbacks Figure 50.05.005-B City of Lake Oswego: Boones Ferry Section at Meandering Pathway City of Lake Oswego: Boones Ferry Section near Intersection with West Sunset City of Lake Oswego: Figure 50.05.005-D Boones Ferry Rd. near intersection Boones Ferry Rd. 0’ setback from new street alignment. 6’ setback City of Lake Oswego, Figure 50.05.005-W Note: This Zoning Code Review is not comprehensive. City of Lake Oswego Community Development Code online should be reviewed for a comprehensive understanding of the development requirements. This document highlights key sections in order to help readers navigate key sections of the code that impacted the study to date. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 23 Date: 04/29/2022 Rev: 04/29/2022 Zoning Code Review City of Lake Oswego, Figure 50.05.005-K City of Lake Oswego, Figure 50.05.005-L City of Lake Oswego, Figure 50.05.005-M Note: This Zoning Code Review is not comprehensive. City of Lake Oswego Community Development Code online should be reviewed for a comprehensive understanding of the development requirements. This document highlights key sections in order to help readers navigate key sections of the code that impacted the study to date. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 24 Date: 04/29/2022 Rev: 04/29/2022 Zoning Code Review Note: This Zoning Code Review is not comprehensive. City of Lake Oswego Community Development Code online should be reviewed for a comprehensive understanding of the development requirements. This document highlights key sections in order to help readers navigate key sections of the code that impacted the study to date. PPeerrmmiitttteedd UUsseess CCoonnddiittiioonnaall UUsseess AAcccceessssoorryy UUsseess Retail NNoott ppeerrmmiitttteedd ((rreessiiddeennttiiaall uusseess)) See document for not permitted other uses 11.. RREESSIIDDEENNTTIIAALL –– PPEERRMMIITTTTEEDD UUSSEESS aa.. AAttttaacchheedd,, RReessiiddeennttiiaall TToowwnnhhoommee UUsseess iinn WWeesstt LLaakkee GGrroovvee ii.. Subject to the following conditions, in addition to the other provisions of this Code: 22.. RREESSIIDDEENNTTIIAALL UUSSEESS IINN CCOOMMMMEERRCCIIAALL AANNDD SSPPEECCIIAALL PPUURRPPOOSSEE ZZOONNEESS dd.. WWLLGG OOCC ZZoonnee ((22)) The minimum required lot width shall be 17 ft. The maximum lot coverage shall be 60%, excluding parking. ((11)) The minimum net density area for attached townhome housing is 2,500 sq. ft./lot area per unit. Commercial uses permitted: Bakery, Restaurant, Office (business or professional), personal services, retail (<10,000 SF GFA) Residential permitted uses: Household Living - Residential use at R-5 density or greater, (11) Limited to multifamily residences in the vicinity of Boones Ferry Road and West Sunset Drive, as depicted on Figure 50.03.003-A.1. ((33)) Each unit of attached townhome housing shall be constructed on a separate lot. CCHHAAPPTTEERR 5500:: CCOOMMMMUUNNIITTYY DDEEVVEELLOOPPMMEENNTT CCOODDEE 5500..0022..000022 CCOOMMMMEERRCCIIAALL,, IINNDDUUSSTTRRIIAALL,, MMIIXXEEDD UUSSEE ZZOONNEESS 5500..0022..000022..hh.. WWeessttllaakkee GGrroovvee ZZoonneess 5500..0022..000022..hh..ii.. DDiissttrriiccttss 5500..0022..000022..hh..iiii.. PPuurrppoossee 22.. SSPPEECCIIFFIICC SSTTAANNDDAARRDDSS FFOORR CCOOMMMMEERRCCIIAALL,, MMIIXXEEDD UUSSEE,, AANNDD IINNDDUUSSTTRRIIAALL ZZOONNEESS aa.. SSttaannddaarrddss AApppplliiccaabbllee iinn CCoommmmeerrcciiaall ZZoonneess "The West Lake Grove zone districts are: Townhome Residential (WLG R-2.5), Residential Mixed Use (WLG RMU), and Office-Commercial (WLG OC)". "To provide zoning for townhome residential, commercial, and mixed-use development in the West Lake Grove District that accommodates lower intensity commercial, public facility and residential uses; and to provide a transition between the Lake Grove Village Center and adjacent residential neighborhoods. These districts are intended to supply services to a market area that is comprised of adjacent neighborhoods." "All development in any commercial zone will be developed under a unified site plan. The site plan will identify circulation patterns and access points, method of provision of public services and general placement of lots and structures, general area and type of uses. Proposals with multiple ownerships shall include a written agreement of all owners that development of the site will occur pursuant to the site plan approved." Major public facilities/utilities, telecommunications facilities (new), Residential Uses not permitted: Live-work, congregate housing, continuing care retirement community, (CCRC), Group care home, residential care housing, skilled nursing facility 5500..0033..000033 UUSSEE--SSPPEECCIIFFIICC SSTTAANNDDAARRDDSS ii.. RReessiiddeennttiiaall SSccrreeeenniinngg iiiiii.. UUnniiffiieedd SSiittee PPllaann 5500..0033..000022 UUSSEE TTAABBLLEE 33.. CCOOMMMMEERRCCIIAALL,, MMIIXXEEDD UUSSEE,, IINNDDUUSSTTRRIIAALL,, AANNDD SSPPEECCIIAALL PPUURRPPOOSSEE DDIISSTTRRIICCTTSS UUSSEE TTAABBLLEE Public, Institutional, and Civic permitted uses: Day care centers, certified or registered family child care home, Educational institutions (private), medical and dental clinic or laboratory, minor fublic facilities/utilities, telecommunications facilities (collocated) ff.. EEdduuccaattiioonnaall IInnssttiittuuttiioonn aanndd DDaayy CCaarree CCeenntteerr UUsseess 66.. UUSSEE--SSPPEECCIIFFIICC SSTTAANNDDAARRDDSS FFOORR CCOOMMMMEERRCCIIAALL UUSSEESS gg.. BBaakkeerryy rr.. PPeerrssoonnaall SSeerrvviicceess uu.. RReessttaauurraanntt vv.. RReettaaiill,, UUnnddeerr 1100,,000000 SSqq.. FFtt.. GGrroossss FFlloooorr AArreeaa bb.. WWeesstt LLaakkee GGrroovvee ZZoonneess iiiiii.. WWLLGG OOffffiiccee CCoommmmeerrcciiaall ((WWLLGG OOCC)) ((11)) SSiittee DDeevveellooppmmeenntt LLiimmiittaattiioonnss ((aa)) SSeettbbaacckkss ((bb)) HHeeiigghhtt ooff SSttrruuccttuurreess ((ii)) PPrriimmaarryy SSttrruuccttuurreess.. ((iiii)) AAcccceessssoorryy SSttrruuccttuurreess.. 55.. SSTTAANNDDAARRDDSS FFOORR PPUUBBLLIICC,, IINNSSTTIITTUUTTIIOONNAALL AANNDD CCIIVVIICC UUSSEESS Boones Ferry Rd. from Madrona St to West Sunset Dr.: Special Setback 50 ft West Sunset Dr. West of West Lake Grove Design District Boundary. Special Setback: 20 ft. Buildings shall be set back at least six ft. from the sidewalk along Boones Ferry Road (see Figure 50.05.005-D, WLG Street Pedestrian Facilities and Pathways). The provisions of LOC 50.04.003.1, Additional Dimensional Exceptions, shall not be applied in this zone. The maximum height of any primary structure shall not exceed 35 ft., except an additional five ft. of height is permitted for multifamily development when located in the area of residential use allowance, as depicted in Figure 50.03.003-A.1, and is at least 80 ft. from all R-7.5 zoned properties. The maximum height of the wall plane shall be no greater than 30 ft. measured from grade at the exterior wall of the building to the gutter line. [CCrroossss--RReeffeerreennccee:: Height Limitation: See also LOC 50.06.001.5.b for non-single-family dwellings.] The height of the roof form of the primary structure or 24 ft., whichever is less. 5500..0044..000022 SSPPEECCIIAALL SSTTRREEEETT SSEETTBBAACCKKSS Boones Ferry Rd. from Mercantile Dr. to Madrona St.: Special Setback 50 ft., unless reduced by the City Engineer, finding that the purpose is met by a lesser amount. iiii.. Where on-site baked goods are sold within the building in the NC, HC, OC, CR&D, MC, and WLG OC zones, the business shall not exceed 5,000 sq. ft. gross floor area. (See section further if interested in bakery use) ii.. In the WLG OC zone, this use is limited to 1,000 sq. ft. or less in gross floor area. iiii.. In the WLG OC zone, service of food and beverages shall be primarily for consumption on the premises. The total size of indoor and outdoor seating areas of any restaurant shall be limited to 1,500 sq. ft. of gross floor area. ii.. In the WLG OC zone, this use is limited to 5,000 sq. ft. or less in gross floor area. 44.. CCOOMMMMEERRCCIIAALL,, MMIIXXEEDD UUSSEE,, AANNDD IINNDDUUSSTTRRIIAALL ZZOONNEESS 5500..0044..000011 DDIIMMEENNSSIIOONNAALL TTAABBLLEE Residential uses are limited to multifamily residences in the vicinity of Boones Ferry Road and West Sunset Drive, as depicted on Figure 50.03.003-A.1, and shall consist of 20 or more units where at least ten percent of the units are continuously rented, leased or made available for an amount of rent plus expenses associated with occupancy, such as utilities and fees, totaling not more than 30% of the income level that is 80% of area median income according to the Clackamas County Housing Authority’s income limits for affordable housing, adjusted for household size. (Note this section further if Metro is interested in Public, Institutional, and Civic uses permitted (above)) ii.. All educational institutions and day care centers shall provide on-site circulation as required by LOC 50.06.003.3.b, walkways as required by LOC Chapter 42, and safe loading, ingress, and egress on and to the site. iiii.. In the WLG OC zone, this use is limited to 5,000 sq. ft. of gross floor area. ii.. In the WLG OC zone, the seating area shall not exceed 700 sq. ft. of gross floor area. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 25 Date: 04/29/2022 Rev: 04/29/2022 Zoning Code Review Note: This Zoning Code Review is not comprehensive. City of Lake Oswego Community Development Code online should be reviewed for a comprehensive understanding of the development requirements. This document highlights key sections in order to help readers navigate key sections of the code that impacted the study to date. ff.. EEdduuccaattiioonnaall IInnssttiittuuttiioonn aanndd DDaayy CCaarree CCeenntteerr UUsseess 66.. UUSSEE--SSPPEECCIIFFIICC SSTTAANNDDAARRDDSS FFOORR CCOOMMMMEERRCCIIAALL UUSSEESS gg.. BBaakkeerryy rr.. PPeerrssoonnaall SSeerrvviicceess uu.. RReessttaauurraanntt vv.. RReettaaiill,, UUnnddeerr 1100,,000000 SSqq.. FFtt.. GGrroossss FFlloooorr AArreeaa bb.. WWeesstt LLaakkee GGrroovvee ZZoonneess iiiiii.. WWLLGG OOffffiiccee CCoommmmeerrcciiaall ((WWLLGG OOCC)) ((11)) SSiittee DDeevveellooppmmeenntt LLiimmiittaattiioonnss ((aa)) SSeettbbaacckkss ((bb)) HHeeiigghhtt ooff SSttrruuccttuurreess ((ii)) PPrriimmaarryy SSttrruuccttuurreess.. ((iiii)) AAcccceessssoorryy SSttrruuccttuurreess.. 55.. SSTTAANNDDAARRDDSS FFOORR PPUUBBLLIICC,, IINNSSTTIITTUUTTIIOONNAALL AANNDD CCIIVVIICC UUSSEESS Boones Ferry Rd. from Madrona St to West Sunset Dr.: Special Setback 50 ft West Sunset Dr. West of West Lake Grove Design District Boundary. Special Setback: 20 ft. Buildings shall be set back at least six ft. from the sidewalk along Boones Ferry Road (see Figure 50.05.005-D, WLG Street Pedestrian Facilities and Pathways). The provisions of LOC 50.04.003.1, Additional Dimensional Exceptions, shall not be applied in this zone. The maximum height of any primary structure shall not exceed 35 ft., except an additional five ft. of height is permitted for multifamily development when located in the area of residential use allowance, as depicted in Figure 50.03.003-A.1, and is at least 80 ft. from all R-7.5 zoned properties. The maximum height of the wall plane shall be no greater than 30 ft. measured from grade at the exterior wall of the building to the gutter line. [CCrroossss--RReeffeerreennccee:: Height Limitation: See also LOC 50.06.001.5.b for non-single-family dwellings.] The height of the roof form of the primary structure or 24 ft., whichever is less. 5500..0044..000022 SSPPEECCIIAALL SSTTRREEEETT SSEETTBBAACCKKSS Boones Ferry Rd. from Mercantile Dr. to Madrona St.: Special Setback 50 ft., unless reduced by the City Engineer, finding that the purpose is met by a lesser amount. iiii.. Where on-site baked goods are sold within the building in the NC, HC, OC, CR&D, MC, and WLG OC zones, the business shall not exceed 5,000 sq. ft. gross floor area. (See section further if interested in bakery use) ii.. In the WLG OC zone, this use is limited to 1,000 sq. ft. or less in gross floor area. iiii.. In the WLG OC zone, service of food and beverages shall be primarily for consumption on the premises. The total size of indoor and outdoor seating areas of any restaurant shall be limited to 1,500 sq. ft. of gross floor area. ii.. In the WLG OC zone, this use is limited to 5,000 sq. ft. or less in gross floor area. 44.. CCOOMMMMEERRCCIIAALL,, MMIIXXEEDD UUSSEE,, AANNDD IINNDDUUSSTTRRIIAALL ZZOONNEESS 5500..0044..000011 DDIIMMEENNSSIIOONNAALL TTAABBLLEE Residential uses are limited to multifamily residences in the vicinity of Boones Ferry Road and West Sunset Drive, as depicted on Figure 50.03.003-A.1, and shall consist of 20 or more units where at least ten percent of the units are continuously rented, leased or made available for an amount of rent plus expenses associated with occupancy, such as utilities and fees, totaling not more than 30% of the income level that is 80% of area median income according to the Clackamas County Housing Authority’s income limits for affordable housing, adjusted for household size. (Note this section further if Metro is interested in Public, Institutional, and Civic uses permitted (above)) ii.. All educational institutions and day care centers shall provide on-site circulation as required by LOC 50.06.003.3.b, walkways as required by LOC Chapter 42, and safe loading, ingress, and egress on and to the site. iiii.. In the WLG OC zone, this use is limited to 5,000 sq. ft. of gross floor area. ii.. In the WLG OC zone, the seating area shall not exceed 700 sq. ft. of gross floor area. PPeerrmmiitttteedd UUsseessCCoonnddiittiioonnaall UUsseessAAcccceessssoorryy UUsseess Retail NNoott ppeerrmmiitttteedd ((rreessiiddeennttiiaall uusseess)) See document for not permitted other uses 11.. RREESSIIDDEENNTTIIAALL –– PPEERRMMIITTTTEEDD UUSSEESS aa.. AAttttaacchheedd,, RReessiiddeennttiiaall TToowwnnhhoommee UUsseess iinn WWeesstt LLaakkee GGrroovvee ii.. Subject to the following conditions, in addition to the other provisions of this Code: 22.. RREESSIIDDEENNTTIIAALL UUSSEESS IINN CCOOMMMMEERRCCIIAALL AANNDD SSPPEECCIIAALL PPUURRPPOOSSEE ZZOONNEESS dd.. WWLLGG OOCC ZZoonnee ((22)) The minimum required lot width shall be 17 ft. The maximum lot coverage shall be 60%, excluding parking. ((11)) The minimum net density area for attached townhome housing is 2,500 sq. ft./lot area per unit. Commercial uses permitted: Bakery, Restaurant, Office (business or professional), personal services, retail (<10,000 SF GFA)Residential permitted uses: Household Living - Residential use at R-5 density or greater, (11) Limited to multifamily residences in the vicinity of Boones Ferry Road and West Sunset Drive, as depicted on Figure 50.03.003-A.1. ((33)) Each unit of attached townhome housing shall be constructed on a separate lot. CCHHAAPPTTEERR 5500:: CCOOMMMMUUNNIITTYY DDEEVVEELLOOPPMMEENNTT CCOODDEE5500..0022..000022 CCOOMMMMEERRCCIIAALL,, IINNDDUUSSTTRRIIAALL,, MMIIXXEEDD UUSSEE ZZOONNEESS5500..0022..000022..hh.. WWeessttllaakkee GGrroovvee ZZoonneess5500..0022..000022..hh..ii.. DDiissttrriiccttss5500..0022..000022..hh..iiii.. PPuurrppoossee22.. SSPPEECCIIFFIICC SSTTAANNDDAARRDDSS FFOORR CCOOMMMMEERRCCIIAALL,, MMIIXXEEDD UUSSEE,, AANNDD IINNDDUUSSTTRRIIAALL ZZOONNEESSaa.. SSttaannddaarrddss AApppplliiccaabbllee iinn CCoommmmeerrcciiaall ZZoonneess"The West Lake Grove zone districts are: Townhome Residential (WLG R-2.5), Residential Mixed Use (WLG RMU), and Office-Commercial (WLG OC)"."To provide zoning for townhome residential, commercial, and mixed-use development in the West Lake Grove District that accommodates lower intensity commercial, public facility and residential uses; and to provide a transition between the Lake Grove Village Center and adjacent residential neighborhoods. These districts are intended to supply services to a market area that is comprised of adjacent neighborhoods.""All development in any commercial zone will be developed under a unified site plan. The site plan will identify circulation patterns and access points, method of provision of public services and general placement of lots and structures, general area and type of uses. Proposals with multiple ownerships shall include a written agreement of all owners that development of the site will occur pursuant to the site plan approved."Major public facilities/utilities, telecommunications facilities (new), Residential Uses not permitted: Live-work, congregate housing, continuing care retirement community, (CCRC), Group care home, residential care housing, skilled nursing facility 5500..0033..000033 UUSSEE--SSPPEECCIIFFIICC SSTTAANNDDAARRDDSS ii.. RReessiiddeennttiiaall SSccrreeeenniinnggiiiiii.. UUnniiffiieedd SSiittee PPllaann5500..0033..000022 UUSSEE TTAABBLLEE 33.. CCOOMMMMEERRCCIIAALL,, MMIIXXEEDD UUSSEE,, IINNDDUUSSTTRRIIAALL,, AANNDD SSPPEECCIIAALL PPUURRPPOOSSEE DDIISSTTRRIICCTTSS UUSSEE TTAABBLLEEPublic, Institutional, and Civic permitted uses: Day care centers, certified or registered family child care home, Educational institutions (private), medical and dental clinic or laboratory, minor fublic facilities/utilities, telecommunications facilities (collocated) (CONTINUED) 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 26 Date: 04/29/2022 Rev: 04/29/2022 Zoning Code Review Note: This Zoning Code Review is not comprehensive. City of Lake Oswego Community Development Code online should be reviewed for a comprehensive understanding of the development requirements. This document highlights key sections in order to help readers navigate key sections of the code that impacted the study to date. 44.. GGEENNEERRAALL EEXXCCEEPPTTIIOONN TTOO SSTTRRUUCCTTUURREE HHEEIIGGHHTT LLIIMMIITTAATTIIOONNSS Commercial, Public Use, and Industrial Zones a. b.Roof-mounted solar energy system1. 66.. SSPPEECCIIAALL DDEETTEERRMMIINNAATTIIOONN OOFF YYAARRDDSS AANNDD YYAARRDD RREEQQUUIIRREEMMEENNTTSS;; SSEETTBBAACCKK PPLLAANNEE EEXXEEMMPPTTIIOONN aa.. LLoottss wwiitthh MMoorree TThhaann TTwwoo SSttrreeeett FFrroonnttaaggeess bb.. TThhrroouugghh LLoottss 88.. GGEENNEERRAALL EEXXCCEEPPTTIIOONNSS FFOORR BBUUIILLDDIINNGG PPRROOJJEECCTTIIOONNSS,, DDEECCKKSS,, AANNDD WWAALLKKWWAAYYSS AANNDD PPAATTHHWWAAYYSS TTOO SSEETTBBAACCKKSS aa.. PPrroojjeeccttiioonnss ffrroomm BBuuiillddiinnggss bb.. PPaattiiooss aanndd DDeecckkss cc.. AAcccceessss WWaallkkwwaayyss aanndd PPaatthhwwaayyss,, DDrriivveewwaayy BBrriiddggeess,, TTrraammss aanndd SSttaaiirrccaassee dd.. 11.. EEXXEEMMPPTTIIOONNSS FFRROOMM SSOOLLAARR DDEESSIIGGNN SSTTAANNDDAARRDD 22.. AADDJJUUSSTTMMEENNTTSS TTOO SSOOLLAARR DDEESSIIGGNN SSTTAANNDDAARRDD 33.. EEXXEEMMPPTTIIOONN FFRROOMM TTHHEE MMAAXXIIMMUUMM SSHHAADDEE PPOOIINNTT HHEEIIGGHHTT SSTTAANNDDAARRDD dd.. Equipment for public service, e.g., utility meters, transformers, telephone switching equipment (but excluding such structures as pump houses) are permitted in a required yard provided the service provider can show that another location or undergrounding of equipment is not possible. iiiiii.. Trams and staircases that provide access to Oswego Lake, and its bays and canals, and to the Willamette River are exempt from the Oswego Lake setback, if applicable, and rear yard setback. iiii.. Bridges that form the driveway from the abutting street to the garage are permitted in the required yard, provided the driveway bridge is used for the most direct route practicable. ii.. Walkways and pathways, regardless whether on grade or elevated, that provide principal access from the adjacent public right-of-way to a dwelling or as a public entrance(s) to a commercial, industrial, or public facility building are permitted in the required yard, so long as (a) the elevation of the walkway or pathway is at or below the elevation of the driveway or parking area for the dwelling or building, or (b) if the walkway or pathway is elevated, it shall be the most direct route practicable. Patios and decks on or above grade, but no more than 30 in. above grade, may project into a required yard, but may not be closer than three ft. to any property line. Patios and decks above 30 in. shall be subject to the zone setback. Such intrusion into the required yard is to be undertaken solely at the risk and expense of the owner. Any structure which is placed in a required yard, and is required to be moved for any reason, shall be moved without expense to the City and the person who bears such cost shall have no recourse against the City to recover such cost. Cornices, eaves, gutters, bay windows located on the ground floor (but not more than six ft. wide, with a maximum of two bay windows per building elevation), decorative metal balconies (but not more than six ft. in length), flower boxes, belt courses, leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features may project not more than two ft. into a required yard (as adjusted by LOC 50.04.003.3.a) or into required open space as established by lot coverage standards. Canopies, sunshades, chimneys, and flues may project not more than two ft. into a required yard or into required open space as established by coverage standards, but in no event may the projection be within five ft. of a side lot line. 5500..0044..000044 SSOOLLAARR AADDJJUUSSTTMMEENNTTSS 99.. EEXXCCEEPPTTIIOONNSS FFOORR SSUURRVVEEYY//CCOONNSSTTRRUUCCTTIIOONN EERRRROORRSS,, TTRREEEE PPRROOTTEECCTTIIOONN,, AANNDD AALLIIGGNNMMEENNTT FFOORR AADDDDIITTIIOONNSS TTOO EEXXIISSTTIINNGG SSTTRRUUCCTTUURREESS 5500..0055..000055 WWEESSTT LLAAKKEE GGRROOVVEE DDEESSIIGGNN DDIISSTTRRIICCTT Chimneys, tanks, church spires, belfries, domes, monuments, radio and television antennas, fire and hose towers, observation towers, masts, ham radio aerials, cooling towers, elevator shafts, smokestacks, flagpoles, radio and television towers, and other similar structures. 5500..0044..000033 EEXXCCEEPPTTIIOONNSS,, PPRROOJJEECCTTIIOONNSS,, AANNDD EENNCCRROOAACCHHMMEENNTTSS In the case of lots with more than two street frontages, the City Manager shall determine the front yard requirements, subject to the following limitations: (1) at least one front yard shall be provided having the full depth required generally in the zone; (2) other front yards on such lot shall have setbacks equal to the street side yard setback of the zone; and (3) for sites where street front setback planes are required, only one frontage shall be required to meet the front yard setback plane standards. The other frontages shall comply with the setback plane requirements for side yards abutting a street. Unless the prevailing front yard pattern on abutting lots on the same block face indicates otherwise, front yards shall be provided on all street frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the City Manager may waive the requirements for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on abutting lots. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 27 Date: 04/29/2022 Rev: 04/29/2022 Zoning Code Review Note: This Zoning Code Review is not comprehensive. City of Lake Oswego Community Development Code online should be reviewed for a comprehensive understanding of the development requirements. This document highlights key sections in order to help readers navigate key sections of the code that impacted the study to date. 22.. AAPPPPLLIICCAABBIILLIITTYY 44.. SSTTAANNDDAARRDDSS AAPPPPLLIICCAABBLLEE TTOO TTHHEE EENNTTIIRREE WWLLGG DDEESSIIGGNN DDIISSTTRRIICCTT aa.. GGeenneerraall RReeqquuiirreemmeennttss bb.. SSttrreeeettss aanndd CCiirrccuullaattiioonn ii.. At the time of development; or iiii.. At such future time when sufficient land area is developed to make driveway consolidation practical. (further driveway development information available in this section. Review when needed) cc.. PPeeddeessttrriiaann aanndd BBiiccyyccllee SSyysstteemm dd.. IInntteerrsseeccttiioonn DDeessiiggnn ff.. LLaannddssccaappiinngg SSttaannddaarrddss To the extent that any requirement of this overlay imposes a regulation relating to the same matter as the use, dimensional, or development regulations in this Code, this section shall prevail. ii.. Architecturally designed structures of high design quality that are in scale with the site, in proportion to similar buildings in the West Lake Grove Design District and which utilize a pleasing variety of harmonious earth and muted tone materials, colors, finishes and textures; Development which occurs within the West Lake Grove Design District shall create an aesthetically pleasing entry into Lake Grove through the following design elements: Through provision of shared access and driveways, parking and pedestrian systems, development shall occur in a manner to ensure the phased construction of the planned circulation and access system and in no circumstance shall prevent the development of a cohesive access and circulation system. Furthermore, public bike and pedestrian facilities shall be provided on both sides of Boones Ferry Road as illustrated by Figures 50.05.005-B, 50.05.005-C, and 50.05.005-D. Figures 50.05.005-E, 50.05.005-F, 50.05.005-G, 50.05.005-H, and 50.05.005-I illustrate the desired design treatment of West Sunset Street, Lower Boones Ferry Road and a pedestrian path intended to serve a portion of the WLG R-2.5 Residential Townhome zone. All driveways shall include safety features such as changes in surface material, signage and lighting to alert drivers to the potential presence of pedestrians. Continuous and connecting hard-surface pedestrian pathways, including a continuous meandering pathway on both sides of Boones Ferry Road, a minimum of eight ft. in width and accessible to the public, shall be provided throughout the West Lake Grove Design District (see Figure 50.05.005-D: Street Pedestrian Facilities and Pathways). The location and radii of the pathway shall ensure a sufficient setback from Boones Ferry Road to allow for amenities such as effective landscaping, street trees and lighting. These pathways shall provide access to all Design District properties and to the public pedestrian system in the surrounding residential neighborhoods and Lake Grove Commercial District. Pedestrian pathways shall be a minimum of six ft. from the exterior wall of any structure. If inadequate right-of-way exists within which to construct the above eight-ft.-wide meandering pathway, then property owners shall be required to provide a public easement of sufficient size for pathway construction and maintenance. iiii.. Preservation of substantial trees to retain the landmark status imparted by these resources;iiiiii.. Orientation of building entrances shall conform to the provisions of LOC 50.06.001.5, Commercial, Industrial, and Multi-Family Development Standards for Approval; iivv.. Building design and orientation shall provide for effective screening and buffering of the subject properties from adjacent residential neighborhoods; and vv.. High quality designed landscapes involving native plant materials or those which have naturalized to the locale, which will grow to significant size and impart seasonal color and interest. Access to Boones Ferry Road, new streets, internal vehicular driveways, parking, pedestrian and bike facilities shall be provided and developed in accordance with the Streets and Circulation Element of the West Lake Grove Design District shown below in Figure 50.05.005-B: Auto and Transportation Circulation, Figure 50.05.005-C: Internal Parking and Circulation, and Figure 50.05.005-D: Street Pedestrian Facilities and Pathways. The number of access points on Boones Ferry Road shall be minimized through the use of consolidated driveways sufficiently wide enough to allow for simultaneous ingress and egress. This shall require property owners to agree to construct or share in the cost of consolidated driveways either: Intersections shall serve as design focal points through the application of landscaping, surface treatments and appropriately scaled lighting. Buildings within the WLG OC zone shall orient entrances to intersecting streets as illustrated by Figure 50.05.005-J: Building Orientation. 44.. GGEENNEERRAALL EEXXCCEEPPTTIIOONN TTOO SSTTRRUUCCTTUURREE HHEEIIGGHHTT LLIIMMIITTAATTIIOONNSSCommercial, Public Use, and Industrial Zonesa.b.Roof-mounted solar energy system1.66.. SSPPEECCIIAALL DDEETTEERRMMIINNAATTIIOONN OOFF YYAARRDDSS AANNDD YYAARRDD RREEQQUUIIRREEMMEENNTTSS;; SSEETTBBAACCKK PPLLAANNEE EEXXEEMMPPTTIIOONNaa.. LLoottss wwiitthh MMoorree TThhaann TTwwoo SSttrreeeett FFrroonnttaaggeessbb.. TThhrroouugghh LLoottss88.. GGEENNEERRAALL EEXXCCEEPPTTIIOONNSS FFOORR BBUUIILLDDIINNGG PPRROOJJEECCTTIIOONNSS,, DDEECCKKSS,, AANNDD WWAALLKKWWAAYYSS AANNDD PPAATTHHWWAAYYSS TTOO SSEETTBBAACCKKSSaa.. PPrroojjeeccttiioonnss ffrroomm BBuuiillddiinnggssbb.. PPaattiiooss aanndd DDeecckksscc.. AAcccceessss WWaallkkwwaayyss aanndd PPaatthhwwaayyss,, DDrriivveewwaayy BBrriiddggeess,, TTrraammss aanndd SSttaaiirrccaasseedd.. 11.. EEXXEEMMPPTTIIOONNSS FFRROOMM SSOOLLAARR DDEESSIIGGNN SSTTAANNDDAARRDD 22.. AADDJJUUSSTTMMEENNTTSS TTOO SSOOLLAARR DDEESSIIGGNN SSTTAANNDDAARRDD 33.. EEXXEEMMPPTTIIOONN FFRROOMM TTHHEE MMAAXXIIMMUUMM SSHHAADDEE PPOOIINNTT HHEEIIGGHHTT SSTTAANNDDAARRDD dd.. Equipment for public service, e.g., utility meters, transformers, telephone switching equipment (but excluding such structures as pump houses) are permitted in a required yard provided the service provider can show that another location or undergrounding of equipment is not possible.iiiiii.. Trams and staircases that provide access to Oswego Lake, and its bays and canals, and to the Willamette River are exempt from the Oswego Lake setback, if applicable, and rear yard setback.iiii.. Bridges that form the driveway from the abutting street to the garage are permitted in the required yard, provided the driveway bridge is used for the most direct route practicable.ii.. Walkways and pathways, regardless whether on grade or elevated, that provide principal access from the adjacent public right-of-way to a dwelling or as a public entrance(s) to a commercial, industrial, or public facility building are permitted in the required yard, so long as (a) the elevation of the walkway or pathway is at or below the elevation of the driveway or parking area for the dwelling or building, or (b) if the walkway or pathway is elevated, it shall be the most direct route practicable.Patios and decks on or above grade, but no more than 30 in. above grade, may project into a required yard, but may not be closer than three ft. to any property line. Patios and decks above 30 in. shall be subject to the zone setback. Such intrusion into the required yard is to be undertaken solely at the risk and expense of the owner. Any structure which is placed in a required yard, and is required to be moved for any reason, shall be moved without expense to the City and the person who bears such cost shall have no recourse against the City to recover such cost.Cornices, eaves, gutters, bay windows located on the ground floor (but not more than six ft. wide, with a maximum of two bay windows per building elevation), decorative metal balconies (but not more than six ft. in length), flower boxes, belt courses, leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features may project not more than two ft. into a required yard (as adjusted by LOC 50.04.003.3.a) or into required open space as established by lot coverage standards. Canopies, sunshades, chimneys, and flues may project not more than two ft. into a required yard or into required open space as established by coverage standards, but in no event may the projection be within five ft. of a side lot line.5500..0044..000044 SSOOLLAARR AADDJJUUSSTTMMEENNTTSS99.. EEXXCCEEPPTTIIOONNSS FFOORR SSUURRVVEEYY//CCOONNSSTTRRUUCCTTIIOONN EERRRROORRSS,, TTRREEEE PPRROOTTEECCTTIIOONN,, AANNDD AALLIIGGNNMMEENNTT FFOORR AADDDDIITTIIOONNSS TTOO EEXXIISSTTIINNGG SSTTRRUUCCTTUURREESS 5500..0055..000055 WWEESSTT LLAAKKEE GGRROOVVEE DDEESSIIGGNN DDIISSTTRRIICCTT Chimneys, tanks, church spires, belfries, domes, monuments, radio and television antennas, fire and hose towers, observation towers, masts, ham radio aerials, cooling towers, elevator shafts, smokestacks, flagpoles, radio and television towers, and other similar structures.5500..0044..000033 EEXXCCEEPPTTIIOONNSS,, PPRROOJJEECCTTIIOONNSS,, AANNDD EENNCCRROOAACCHHMMEENNTTSSIn the case of lots with more than two street frontages, the City Manager shall determine the front yard requirements, subject to the following limitations: (1) at least one front yard shall be provided having the full depth required generally in the zone; (2) other front yards on such lot shall have setbacks equal to the street side yard setback of the zone; and (3) for sites where street front setback planes are required, only one frontage shall be required to meet the front yard setback plane standards. The other frontages shall comply with the setback plane requirements for side yards abutting a street.Unless the prevailing front yard pattern on abutting lots on the same block face indicates otherwise, front yards shall be provided on all street frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the City Manager may waive the requirements for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on abutting lots. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 28 Date: 04/29/2022 Rev: 04/29/2022 Zoning Code Review Note: This Zoning Code Review is not comprehensive. City of Lake Oswego Community Development Code online should be reviewed for a comprehensive understanding of the development requirements. This document highlights key sections in order to help readers navigate key sections of the code that impacted the study to date. ii.. LLaannddssccaappee SSttyylleess iiii.. PPaarrkkiinngg AArreeaa LLaannddssccaappiinngg,, BBuuffffeerriinngg,, aanndd SSccrreeeenniinngg 22)) MMiinniimmuumm PPaarrkkiinngg LLoott LLaannddssccaappiinngg SSttaannddaarrddss iiiiii.. SSiittee LLaannddssccaappiinngg gg.. UUnniiffyyiinngg DDeessiiggnn EElleemmeennttss ii.. BBuuffffeerr AArreeaass ii.. SSeeppaarraattiioonn bbyy RRiigghhtt--ooff--WWaayy iiii.. LLaannddssccaappee BBuuffffeerriinngg iiiiii.. SSccrreeeenniinngg kk.. BBuuiillddiinngg DDeessiiggnn Screening shall be provided by a six-ft. tall wood or masonry sight-obscuring fence or wall. The unfinished or structural side shall face the use to be screened. There shall be a minimum 15-ft.-wide landscaped buffer along the entire edge of the West Lake Grove Design District where it abuts a residential zone and along the property boundaries of new commercial and townhome residential development which abuts existing single-family dwellings within the Design District. A buffer area may only be occupied by utilities, screening and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the approval authority. The buffer area is required to be landscaped as follows: Where the boundary of the West Lake Grove Design District is adjacent to a residential zone but separated by a public right-of-way, buffering requirements shall be met by setback requirements Adjoining residential land uses shall be buffered and screened from land uses within the Design District as follows: ((aa)) Trees planted to meet the landscaping requirements for parking lots shall be deciduous shade trees of at least three caliper in. which reach a minimum mature height of at least 30 ft. and have the canopy and structure necessary to cast moderate to dense shade. ((bb)) Where adequate room is available, large-scale evergreen trees such as western red cedar, western hemlock, California incense cedar, and Douglas fir of at least four to six ft. in height and which reach a mature height of at least 70 ft. shall be incorporated into the landscape theme. ((cc)) Exceptions to the requirements of subsections 4.f.ii(2)(a) and (b) of this section may be allowed for circumstances that limit placement of trees such as overhead lines, underground utilities and confined spaces. ((dd)) Parking areas shall be divided into bbaayyss ooff nnoott mmoorree tthhaann eeiigghhtt ppaarrkkiinngg ssppaacceess . Between and/or at the end of each parking bay there shall be ccuurrbbeedd ppllaanntteerrss ooff aatt lleeaasstt ffiivvee fftt.. iinn wwiiddtthh . Each planter shall contain one shade tree of at least three caliper in. The planter shall also be planted with appropriate ground cover or shrubs at a rate of two two-gallon plants for every 20 sq. ft. of landscape area. The intervening area between plantings shall be mulched with an appropriate material to a minimum depth of three in. ((ee)) PPaarrkkiinngg lloottss ffrroonnttiinngg aa ddrriivveewwaayy,, ssiiddeewwaallkk,, ppaatthhwwaayy oorr ppuubblliicc ssttrreeeett sshhaallll bbee bboorrddeerreedd bbyy aa mmiinniimmuumm ffiivvee--fftt..--wwiiddee llaannddssccaappeedd aarreeaa.. Within this area, shade trees shall be planted every 30 ft. Planting of shrubs and ground cover and mulching shall occur pursuant to subsection 4.f.ii(2)(d) of this section. ((ff)) Parking areas shall be separated from the exterior wall of a structure by a minimum of a ten-ft. buffer which may include a pedestrian pathway and/or landscaped strip. PPaarrkkiinngg aarreeaass oorr ddrriivveewwaayyss sshhaallll bbee sseeppaarraatteedd ffrroomm aabbuuttttiinngg rreessiiddeennttiiaall zzoonneess bbyy aa mmiinniimmuumm 1155--fftt.. llaannddssccaappee bbuuffffeerr pursuant to subsection 4.i.ii of this section, Landscape Buffering. NNoottee:: FFuurrtthheerr rreevviieeww ffuullll sseeccttiioonn aass ssiittee ddeessiiggnn ccoommpplleetteedd All parking lots shall be landscaped to conform to the following minimum standards: ((gg)) All parking area landscaping shall be provided with underground irrigation. ((hh)) Entrances to parking areas shall be specifically indicated through pedestrian-scale signage and lighting. ((aa)) All new development shall install landscaping on at least 20% of the development site on which buildings are constructed. This is inclusive of landscaping required for parking lots, and landscaping within required buffer areas. Landscaping may include courtyards, raised beds and planters, espaliers, arbors and trellises. The landscape plan shall incorporate large-scale evergreen trees such as Douglas fir, western red cedar, hemlock or California incense cedar. 22.. AAPPPPLLIICCAABBIILLIITTYY44.. SSTTAANNDDAARRDDSS AAPPPPLLIICCAABBLLEE TTOO TTHHEE EENNTTIIRREE WWLLGG DDEESSIIGGNN DDIISSTTRRIICCTTaa.. GGeenneerraall RReeqquuiirreemmeennttssbb.. SSttrreeeettss aanndd CCiirrccuullaattiioonn ii.. At the time of development; oriiii.. At such future time when sufficient land area is developed to make driveway consolidation practical.(further driveway development information available in this section. Review when needed)cc.. PPeeddeessttrriiaann aanndd BBiiccyyccllee SSyysstteemmdd.. IInntteerrsseeccttiioonn DDeessiiggnn ff.. LLaannddssccaappiinngg SSttaannddaarrddss To the extent that any requirement of this overlay imposes a regulation relating to the same matter as the use, dimensional, or development regulations in this Code, this section shall prevail.ii.. Architecturally designed structures of high design quality that are in scale with the site, in proportion to similar buildings in the West Lake Grove Design District and which utilize a pleasing variety of harmonious earth and muted tone materials, colors, finishes and textures;Development which occurs within the West Lake Grove Design District shall create an aesthetically pleasing entry into Lake Grove through the following design elements:Through provision of shared access and driveways, parking and pedestrian systems, development shall occur in a manner to ensure the phased construction of the planned circulation and access system and in no circumstance shall prevent the development of a cohesive access and circulation system. Furthermore, public bike and pedestrian facilities shall be provided on both sides of Boones Ferry Road as illustrated by Figures 50.05.005-B, 50.05.005-C, and 50.05.005-D. Figures 50.05.005-E, 50.05.005-F, 50.05.005-G, 50.05.005-H, and 50.05.005-I illustrate the desired design treatment of West Sunset Street, Lower Boones Ferry Road and a pedestrian path intended to serve a portion of the WLG R-2.5 Residential Townhome zone.All driveways shall include safety features such as changes in surface material, signage and lighting to alert drivers to the potential presence of pedestrians.Continuous and connecting hard-surface pedestrian pathways, including a continuous meandering pathway on both sides of Boones Ferry Road, a minimum of eight ft. in width and accessible to the public, shall be provided throughout the West Lake Grove Design District (see Figure 50.05.005-D: Street Pedestrian Facilities and Pathways). The location and radii of the pathway shall ensure a sufficient setback from Boones Ferry Road to allow for amenities such as effective landscaping, street trees and lighting.These pathways shall provide access to all Design District properties and to the public pedestrian system in the surrounding residential neighborhoods and Lake Grove Commercial District. Pedestrian pathways shall be a minimum of six ft. from the exterior wall of any structure.If inadequate right-of-way exists within which to construct the above eight-ft.-wide meandering pathway, then property owners shall be required to provide a public easement of sufficient size for pathway construction and maintenance.iiii.. Preservation of substantial trees to retain the landmark status imparted by these resources;iiiiii.. Orientation of building entrances shall conform to the provisions of LOC 50.06.001.5, Commercial, Industrial, and Multi-Family Development Standards for Approval;iivv.. Building design and orientation shall provide for effective screening and buffering of the subject properties from adjacent residential neighborhoods; andvv.. High quality designed landscapes involving native plant materials or those which have naturalized to the locale, which will grow to significant size and impart seasonal color and interest.Access to Boones Ferry Road, new streets, internal vehicular driveways, parking, pedestrian and bike facilities shall be provided and developed in accordance with the Streets and Circulation Element of the West Lake Grove Design District shown below in Figure 50.05.005-B: Auto and Transportation Circulation, Figure 50.05.005-C: Internal Parking and Circulation, and Figure 50.05.005-D: Street Pedestrian Facilities and Pathways.The number of access points on Boones Ferry Road shall be minimized through the use of consolidated driveways sufficiently wide enough to allow for simultaneous ingress and egress. This shall require property owners to agree to construct or share in the cost of consolidated driveways either: Intersections shall serve as design focal points through the application of landscaping, surface treatments and appropriately scaled lighting. Buildings within the WLG OC zone shall orient entrances to intersecting streets as illustrated by Figure 50.05.005-J: Building Orientation. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 29 Date: 04/29/2022 Rev: 04/29/2022 Zoning Code Review Note: This Zoning Code Review is not comprehensive. City of Lake Oswego Community Development Code online should be reviewed for a comprehensive understanding of the development requirements. This document highlights key sections in order to help readers navigate key sections of the code that impacted the study to date. (3) Masonry and wood as exterior cladding materials; (4) An intimate, pedestrian friendly scale; (5) Richly textured and visually engaging facades; and (6) Lush landscaping and border plantings. (a) Permitted Exterior Materials (i) Wood shingle, (ii) Brick, (iii) Stone-granite or concrete at street level only for WLG Office Commercial, (iv) Horizontal lap siding, and (v) Stucco and timbers on gable ends only. (b) Prohibited Exterior Materials (i) EIFS or other synthetic stucco material, (ii) Metal panels, (iii) Flagstone, (iv) Plywood paneling, (v) Vinyl cladding, (vi) Composite wood siding of any kind, (vii) Mirrored glass, (viii) Standard form concrete block (not including split faced, colored or other block designs, which mimic stone, brick or other masonry), and (ix) Back-lighted fabrics. iiii.. DDeessiiggnn SSttaannddaarrddss ((11)) NNoo ccoonnttiinnuuoouuss bbllaannkk wwaallllss sshhaallll bbee aalllloowweedd aalloonngg ppeeddeessttrriiaann aanndd vveehhiiccuullaarr wwaayyss aanndd sshhaallll nnoott eexxcceeeedd 2255 lliinneeaarr fftt.. wwiitthhoouutt rreecceessss oorr cchhaannggee ooff ppllaannee.. Pursuant to Figure 50.05.005-K: Building Window Openings and Blank Walls, at least 50% of the ground floor walls within the WLG OC zone shall consist of windows. Windows types shall consist of double hung or divided lights. Large plate glass windows and simulated divided lights are not allowed Buildings shall be architecturally designed with a residential character and theme that reflect the architecture types that are historically indigenous to Lake Grove and Lake Oswego. Building character should reflect the residential English Country or Cottage style, and borrow from the Arts and Crafts tradition, English Tudor style and the American Rustic style. Elements of these styles which can be used for both residential, office/commercial and commercial uses and major public facility structures within the design district include: (1) Complex massing; (2) Asymmetrical composition; The following building design standards shall apply to all office and neighborhood commercial development which occurs within the West Lake Grove Design District. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest as follows: Other architectural features such as awnings, arcades, bay windows, and projecting balconies shall be required. (4) Pitched roofs are required and include pitched gable end or hipped roofs. Small areas of flat roof not visible by the public or from adjoining residential areas may be allowed where necessary to accommodate mechanical equipment. (2) Buildings shall use materials that are architecturally harmonious for all walls and exterior components. Materials shall be durable and of high quality. (5) Roof materials shall consist of either cedar shingles or three tab composite shingles in dark grey, green or black colors. Metal roofs, colored roofs (red, blue or tan colors), and mansard or decorative roof forms are prohibited. (6) Building entrances shall be located for visibility and ease of pedestrian use. Entrances to upper floors shall be located so as not to conflict with street level activities and pedestrian use. ii.. EElleemmeennttss aanndd SSttyylleess ii.. LLaannddssccaappee SSttyylleessiiii.. PPaarrkkiinngg AArreeaa LLaannddssccaappiinngg,, BBuuffffeerriinngg,, aanndd SSccrreeeenniinngg22)) MMiinniimmuumm PPaarrkkiinngg LLoott LLaannddssccaappiinngg SSttaannddaarrddssiiiiii.. SSiittee LLaannddssccaappiinngg gg.. UUnniiffyyiinngg DDeessiiggnn EElleemmeennttssii.. BBuuffffeerr AArreeaassii.. SSeeppaarraattiioonn bbyy RRiigghhtt--ooff--WWaayyiiii.. LLaannddssccaappee BBuuffffeerriinnggiiiiii.. SSccrreeeenniinngg kk.. BBuuiillddiinngg DDeessiiggnn Screening shall be provided by a six-ft. tall wood or masonry sight-obscuring fence or wall. The unfinished or structural side shall face the use to be screened. There shall be a minimum 15-ft.-wide landscaped buffer along the entire edge of the West Lake Grove Design District where it abuts a residential zone and along the property boundaries of new commercial and townhome residential development which abuts existing single-family dwellings within the Design District. A buffer area may only be occupied by utilities, screening and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the approval authority. The buffer area is required to be landscaped as follows:Where the boundary of the West Lake Grove Design District is adjacent to a residential zone but separated by a public right-of-way, buffering requirements shall be met by setback requirementsAdjoining residential land uses shall be buffered and screened from land uses within the Design District as follows:((aa)) Trees planted to meet the landscaping requirements for parking lots shall be deciduous shade trees of at least three caliper in. which reach a minimum mature height of at least 30 ft. and have the canopy and structure necessary to cast moderate to dense shade.((bb)) Where adequate room is available, large-scale evergreen trees such as western red cedar, western hemlock, California incense cedar, and Douglas fir of at least four to six ft. in height and which reach a mature height of at least 70 ft. shall be incorporated into the landscape theme.((cc)) Exceptions to the requirements of subsections 4.f.ii(2)(a) and (b) of this section may be allowed for circumstances that limit placement of trees such as overhead lines, underground utilities and confined spaces.((dd)) Parking areas shall be divided into bbaayyss ooff nnoott mmoorree tthhaann eeiigghhtt ppaarrkkiinngg ssppaacceess . Between and/or at the end of each parking bay there shall be ccuurrbbeedd ppllaanntteerrss ooff aatt lleeaasstt ffiivvee fftt.. iinn wwiiddtthh . Each planter shall contain one shade tree of at least three caliper in. The planter shall also be planted with appropriate ground cover or shrubs at a rate of two two-gallon plants for every 20 sq. ft. of landscape area. The intervening area between plantings shall be mulched with an appropriate material to a minimum depth of three in.((ee)) PPaarrkkiinngg lloottss ffrroonnttiinngg aa ddrriivveewwaayy,, ssiiddeewwaallkk,, ppaatthhwwaayy oorr ppuubblliicc ssttrreeeett sshhaallll bbee bboorrddeerreedd bbyy aa mmiinniimmuumm ffiivvee--fftt..--wwiiddee llaannddssccaappeedd aarreeaa.. Within this area, shade trees shall be planted every 30 ft. Planting of shrubs and ground cover and mulching shall occur pursuant to subsection 4.f.ii(2)(d) of this section.((ff)) Parking areas shall be separated from the exterior wall of a structure by a minimum of a ten-ft. buffer which may include a pedestrian pathway and/or landscaped strip. PPaarrkkiinngg aarreeaass oorr ddrriivveewwaayyss sshhaallll bbee sseeppaarraatteedd ffrroomm aabbuuttttiinngg rreessiiddeennttiiaall zzoonneess bbyy aa mmiinniimmuumm 1155--fftt.. llaannddssccaappee bbuuffffeerr pursuant to subsection 4.i.ii of this section, Landscape Buffering.NNoottee:: FFuurrtthheerr rreevviieeww ffuullll sseeccttiioonn aass ssiittee ddeessiiggnn ccoommpplleetteeddAll parking lots shall be landscaped to conform to the following minimum standards:((gg)) All parking area landscaping shall be provided with underground irrigation.((hh)) Entrances to parking areas shall be specifically indicated through pedestrian-scale signage and lighting.((aa)) All new development shall install landscaping on at least 20% of the development site on which buildings are constructed. This is inclusive of landscaping required for parking lots, and landscaping within required buffer areas. Landscaping may include courtyards, raised beds and planters, espaliers, arbors and trellises. The landscape plan shall incorporate large-scale evergreen trees such as Douglas fir, western red cedar, hemlock or California incense cedar. ll.. SSttrreeeett aanndd PPaatthhwwaayy LLiigghhttiinngg aa.. PPuurrppoossee bb.. RReeqquuiirreedd DDeessiiggnn EElleemmeennttss 99.. CCLLEEAARR AANNDD OOBBJJEECCTTIIVVEE HHOOUUSSIINNGG SSTTAANNDDAARRDDSS FFOORR AAPPPPRROOVVAALL aa.. PPuurrppoossee bb.. CClleeaarr aanndd OObbjjeeccttiivvee TTrraacckk 22 AAlltteerrnnaattiivvee AApppplliiccaabbiilliittyy ii.. Development that complies with subsection 7.b.ii of this section may comply with this article in lieu of compliance with 77.. CCLLEEAARR AANNDD OOBBJJEECCTTIIVVEE HHOOUUSSIINNGG SSTTAANNDDAARRDDSS FFOORR AAPPPPRROOVVAALL ii.. The characteristics of allowed land uses are appropriate for this location in terms of function, transportation characteristics, and compatibility with nearby residential uses. This zone is intended to provide for a mix of professional office and neighborhood commercial uses to serve the frequently reoccurring needs of the Lake Grove and Rural Lake Grove Neighborhoods and serve as an activity focus for the West Lake Grove Design District. ii.. The design theme of the WLG OC zone is intended to reflect the residential character and scale of the surrounding WLG RMU and WLG R-2.5 zones through the incorporation of common building elements and to also create a storefront character. This shall be achieved through the use of design elements and features described in this section. iiii.. The architecture of buildings shall establish a strong design relationship to one another to create a visually compatible ensemble. This relationship shall be especially reinforced at all four corners of the intersection of Boones Ferry Road and West Sunset Drive. iiiiii.. A clear visual distinction shall be made between the pedestrian oriented ground floor and upper stories through the use of an ample cornice above the first floor, a change of building materials, a row of clerestory windows, arcade or overhang. iivv.. Main public entrances shall be located directly off a sidewalk abutting the public street. Entries shall be sheltered and emphasized through the use of canopies or overhangs. These provisions are intended to implement the Lake Oswego Comprehensive Plan and the West Lake Grove Design District, identified in Figure 50.05.005- N: West Lake Grove Design District Boundaries, by specifying allowed land uses and providing clear and objective design and development standards for new dwellings in the District to ensure: nn.. SSttoorrmmwwaatteerr MMaannaaggeemmeenntt 5500..0066..000011 BBUUIILLDDIINNGG DDEESSIIGGNN 66.. DDEESSIIGGNN SSTTAANNDDAARRDDSS FFOORR TTHHEE OOFFFFIICCEE CCOOMMMMEERRCCIIAALL ((WWLLGG OOCC)) ZZOONNEE i. Street Lighting Additional street lighting on Boones Ferry Road made necessary by new development shall be determined by the approval authority, who may require a street lighting study commensurate with a development review application to determine the appropriate level of lighting. Storm drainage and surface water management facilities shall be required pursuant to LOC 50.06.006.3, Stormwater Managment Standards, and shall ensure stormwater is not directed onto adjacent residential neighborhoods. (7) Building vents and mechanical devices shall be screened from view with materials harmonious to the building. Exterior site elements such as storage, trash collection areas and noise generating equipment shall be located away from abutting residential districts and sight-obscuring fencing and landscaping shall be used to screen and buffer these features. (8) Building components, such as windows, doors, eaves and parapets, shall have proper proportions and be placed in relationship to one another. (9) Exterior building lighting shall be designed as part of the architectural concept. Fixtures, standards and exposed accessories shall be of the proper scale and compatible with the building and overall site design. (10) Rain protection is encouraged throughout the Design District and shall be afforded to the WLG RMU zone pursuant to Figure 50.05.005-L: Building Rain Protection. Rain protection shall consist of fabric awnings or metal canopies. Vinyl awnings are prohibited. Street and pathway lighting shall be provided per Figure 50.05.005-M: Required Street Lighting. Street and parking lot lighting shall consist of historic style fixtures. Cobra-head and contemporary fixtures are prohibited. (3) Masonry and wood as exterior cladding materials; (4) An intimate, pedestrian friendly scale; (5) Richly textured and visually engaging facades; and (6) Lush landscaping and border plantings. (a) Permitted Exterior Materials (i) Wood shingle, (ii) Brick, (iii) Stone-granite or concrete at street level only for WLG Office Commercial, (iv) Horizontal lap siding, and (v) Stucco and timbers on gable ends only. (b) Prohibited Exterior Materials (i) EIFS or other synthetic stucco material, (ii) Metal panels, (iii) Flagstone, (iv) Plywood paneling, (v) Vinyl cladding, (vi) Composite wood siding of any kind, (vii) Mirrored glass, (viii) Standard form concrete block (not including split faced, colored or other block designs, which mimic stone, brick or other masonry), and (ix) Back-lighted fabrics. iiii.. DDeessiiggnn SSttaannddaarrddss ((11)) NNoo ccoonnttiinnuuoouuss bbllaannkk wwaallllss sshhaallll bbee aalllloowweedd aalloonngg ppeeddeessttrriiaann aanndd vveehhiiccuullaarr wwaayyss aanndd sshhaallll nnoott eexxcceeeedd 2255 lliinneeaarr fftt.. wwiitthhoouutt rreecceessss oorr cchhaannggee ooff ppllaannee.. Pursuant to Figure 50.05.005-K: Building Window Openings and Blank Walls, at least 50% of the ground floor walls within the WLG OC zone shall consist of windows. Windows types shall consist of double hung or divided lights. Large plate glass windows and simulated divided lights are not allowed Buildings shall be architecturally designed with a residential character and theme that reflect the architecture types that are historically indigenous to Lake Grove and Lake Oswego. Building character should reflect the residential English Country or Cottage style, and borrow from the Arts and Crafts tradition, English Tudor style and the American Rustic style. Elements of these styles which can be used for both residential, office/commercial and commercial uses and major public facility structures within the design district include: (1) Complex massing; (2) Asymmetrical composition; The following building design standards shall apply to all office and neighborhood commercial development which occurs within the West Lake Grove Design District. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest as follows: Other architectural features such as awnings, arcades, bay windows, and projecting balconies shall be required. (4) Pitched roofs are required and include pitched gable end or hipped roofs. Small areas of flat roof not visible by the public or from adjoining residential areas may be allowed where necessary to accommodate mechanical equipment. (2) Buildings shall use materials that are architecturally harmonious for all walls and exterior components. Materials shall be durable and of high quality. (5) Roof materials shall consist of either cedar shingles or three tab composite shingles in dark grey, green or black colors. Metal roofs, colored roofs (red, blue or tan colors), and mansard or decorative roof forms are prohibited. (6) Building entrances shall be located for visibility and ease of pedestrian use. Entrances to upper floors shall be located so as not to conflict with street level activities and pedestrian use. ii.. EElleemmeennttss aanndd SSttyylleess (3) Masonry and wood as exterior cladding materials; (4) An intimate, pedestrian friendly scale; (5) Richly textured and visually engaging facades; and (6) Lush landscaping and border plantings. (a) Permitted Exterior Materials (i) Wood shingle, (ii) Brick, (iii) Stone-granite or concrete at street level only for WLG Office Commercial, (iv) Horizontal lap siding, and (v) Stucco and timbers on gable ends only. (b) Prohibited Exterior Materials (i) EIFS or other synthetic stucco material, (ii) Metal panels, (iii) Flagstone, (iv) Plywood paneling, (v) Vinyl cladding, (vi) Composite wood siding of any kind, (vii) Mirrored glass, (viii) Standard form concrete block (not including split faced, colored or other block designs, which mimic stone, brick or other masonry), and (ix) Back-lighted fabrics. iiii.. DDeessiiggnn SSttaannddaarrddss ((11)) NNoo ccoonnttiinnuuoouuss bbllaannkk wwaallllss sshhaallll bbee aalllloowweedd aalloonngg ppeeddeessttrriiaann aanndd vveehhiiccuullaarr wwaayyss aanndd sshhaallll nnoott eexxcceeeedd 2255 lliinneeaarr fftt.. wwiitthhoouutt rreecceessss oorr cchhaannggee ooff ppllaannee.. Pursuant to Figure 50.05.005-K: Building Window Openings and Blank Walls, at least 50% of the ground floor walls within the WLG OC zone shall consist of windows. Windows types shall consist of double hung or divided lights. Large plate glass windows and simulated divided lights are not allowed Buildings shall be architecturally designed with a residential character and theme that reflect the architecture types that are historically indigenous to Lake Grove and Lake Oswego. Building character should reflect the residential English Country or Cottage style, and borrow from the Arts and Crafts tradition, English Tudor style and the American Rustic style. Elements of these styles which can be used for both residential, office/commercial and commercial uses and major public facility structures within the design district include: (1) Complex massing; (2) Asymmetrical composition; The following building design standards shall apply to all office and neighborhood commercial development which occurs within the West Lake Grove Design District. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest as follows: Other architectural features such as awnings, arcades, bay windows, and projecting balconies shall be required. (4) Pitched roofs are required and include pitched gable end or hipped roofs. Small areas of flat roof not visible by the public or from adjoining residential areas may be allowed where necessary to accommodate mechanical equipment. (2) Buildings shall use materials that are architecturally harmonious for all walls and exterior components. Materials shall be durable and of high quality. (5) Roof materials shall consist of either cedar shingles or three tab composite shingles in dark grey, green or black colors. Metal roofs, colored roofs (red, blue or tan colors), and mansard or decorative roof forms are prohibited. (6) Building entrances shall be located for visibility and ease of pedestrian use. Entrances to upper floors shall be located so as not to conflict with street level activities and pedestrian use. ii.. EElleemmeennttss aanndd SSttyylleess (3) Masonry and wood as exterior cladding materials; (4) An intimate, pedestrian friendly scale; (5) Richly textured and visually engaging facades; and (6) Lush landscaping and border plantings. (a) Permitted Exterior Materials (i) Wood shingle, (ii) Brick, (iii) Stone-granite or concrete at street level only for WLG Office Commercial, (iv) Horizontal lap siding, and (v) Stucco and timbers on gable ends only. (b) Prohibited Exterior Materials (i) EIFS or other synthetic stucco material, (ii) Metal panels, (iii) Flagstone, (iv) Plywood paneling, (v) Vinyl cladding, (vi) Composite wood siding of any kind, (vii) Mirrored glass, (viii) Standard form concrete block (not including split faced, colored or other block designs, which mimic stone, brick or other masonry), and (ix) Back-lighted fabrics. iiii.. DDeessiiggnn SSttaannddaarrddss ((11)) NNoo ccoonnttiinnuuoouuss bbllaannkk wwaallllss sshhaallll bbee aalllloowweedd aalloonngg ppeeddeessttrriiaann aanndd vveehhiiccuullaarr wwaayyss aanndd sshhaallll nnoott eexxcceeeedd 2255 lliinneeaarr fftt.. wwiitthhoouutt rreecceessss oorr cchhaannggee ooff ppllaannee.. Pursuant to Figure 50.05.005-K: Building Window Openings and Blank Walls, at least 50% of the ground floor walls within the WLG OC zone shall consist of windows. Windows types shall consist of double hung or divided lights. Large plate glass windows and simulated divided lights are not allowed Buildings shall be architecturally designed with a residential character and theme that reflect the architecture types that are historically indigenous to Lake Grove and Lake Oswego. Building character should reflect the residential English Country or Cottage style, and borrow from the Arts and Crafts tradition, English Tudor style and the American Rustic style. Elements of these styles which can be used for both residential, office/commercial and commercial uses and major public facility structures within the design district include: (1) Complex massing; (2) Asymmetrical composition; The following building design standards shall apply to all office and neighborhood commercial development which occurs within the West Lake Grove Design District. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest as follows: Other architectural features such as awnings, arcades, bay windows, and projecting balconies shall be required. (4) Pitched roofs are required and include pitched gable end or hipped roofs. Small areas of flat roof not visible by the public or from adjoining residential areas may be allowed where necessary to accommodate mechanical equipment. (2) Buildings shall use materials that are architecturally harmonious for all walls and exterior components. Materials shall be durable and of high quality. (5) Roof materials shall consist of either cedar shingles or three tab composite shingles in dark grey, green or black colors. Metal roofs, colored roofs (red, blue or tan colors), and mansard or decorative roof forms are prohibited. (6) Building entrances shall be located for visibility and ease of pedestrian use. Entrances to upper floors shall be located so as not to conflict with street level activities and pedestrian use. ii.. EElleemmeennttss aanndd SSttyylleess (3) Masonry and wood as exterior cladding materials; (4) An intimate, pedestrian friendly scale; (5) Richly textured and visually engaging facades; and (6) Lush landscaping and border plantings. (a) Permitted Exterior Materials (i) Wood shingle, (ii) Brick, (iii) Stone-granite or concrete at street level only for WLG Office Commercial, (iv) Horizontal lap siding, and (v) Stucco and timbers on gable ends only. (b) Prohibited Exterior Materials (i) EIFS or other synthetic stucco material, (ii) Metal panels, (iii) Flagstone, (iv) Plywood paneling, (v) Vinyl cladding, (vi) Composite wood siding of any kind, (vii) Mirrored glass, (viii) Standard form concrete block (not including split faced, colored or other block designs, which mimic stone, brick or other masonry), and (ix) Back-lighted fabrics. iiii.. DDeessiiggnn SSttaannddaarrddss ((11)) NNoo ccoonnttiinnuuoouuss bbllaannkk wwaallllss sshhaallll bbee aalllloowweedd aalloonngg ppeeddeessttrriiaann aanndd vveehhiiccuullaarr wwaayyss aanndd sshhaallll nnoott eexxcceeeedd 2255 lliinneeaarr fftt.. wwiitthhoouutt rreecceessss oorr cchhaannggee ooff ppllaannee.. Pursuant to Figure 50.05.005-K: Building Window Openings and Blank Walls, at least 50% of the ground floor walls within the WLG OC zone shall consist of windows. Windows types shall consist of double hung or divided lights. Large plate glass windows and simulated divided lights are not allowed Buildings shall be architecturally designed with a residential character and theme that reflect the architecture types that are historically indigenous to Lake Grove and Lake Oswego. Building character should reflect the residential English Country or Cottage style, and borrow from the Arts and Crafts tradition, English Tudor style and the American Rustic style. Elements of these styles which can be used for both residential, office/commercial and commercial uses and major public facility structures within the design district include: (1) Complex massing; (2) Asymmetrical composition; The following building design standards shall apply to all office and neighborhood commercial development which occurs within the West Lake Grove Design District. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest as follows: Other architectural features such as awnings, arcades, bay windows, and projecting balconies shall be required. (4) Pitched roofs are required and include pitched gable end or hipped roofs. Small areas of flat roof not visible by the public or from adjoining residential areas may be allowed where necessary to accommodate mechanical equipment. (2) Buildings shall use materials that are architecturally harmonious for all walls and exterior components. Materials shall be durable and of high quality. (5) Roof materials shall consist of either cedar shingles or three tab composite shingles in dark grey, green or black colors. Metal roofs, colored roofs (red, blue or tan colors), and mansard or decorative roof forms are prohibited. (6) Building entrances shall be located for visibility and ease of pedestrian use. Entrances to upper floors shall be located so as not to conflict with street level activities and pedestrian use. ii.. EElleemmeennttss aanndd SSttyylleess 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 30 Date: 04/29/2022 Rev: 04/29/2022 Zoning Code Review Note: This Zoning Code Review is not comprehensive. City of Lake Oswego Community Development Code online should be reviewed for a comprehensive understanding of the development requirements. This document highlights key sections in order to help readers navigate key sections of the code that impacted the study to date. ll.. SSttrreeeett aanndd PPaatthhwwaayy LLiigghhttiinngg aa.. PPuurrppoossee bb.. RReeqquuiirreedd DDeessiiggnn EElleemmeennttss 99.. CCLLEEAARR AANNDD OOBBJJEECCTTIIVVEE HHOOUUSSIINNGG SSTTAANNDDAARRDDSS FFOORR AAPPPPRROOVVAALL aa.. PPuurrppoossee bb.. CClleeaarr aanndd OObbjjeeccttiivvee TTrraacckk 22 AAlltteerrnnaattiivvee AApppplliiccaabbiilliittyy ii.. Development that complies with subsection 7.b.ii of this section may comply with this article in lieu of compliance with 77.. CCLLEEAARR AANNDD OOBBJJEECCTTIIVVEE HHOOUUSSIINNGG SSTTAANNDDAARRDDSS FFOORR AAPPPPRROOVVAALL ii.. The characteristics of allowed land uses are appropriate for this location in terms of function, transportation characteristics, and compatibility with nearby residential uses. This zone is intended to provide for a mix of professional office and neighborhood commercial uses to serve the frequently reoccurring needs of the Lake Grove and Rural Lake Grove Neighborhoods and serve as an activity focus for the West Lake Grove Design District. ii.. The design theme of the WLG OC zone is intended to reflect the residential character and scale of the surrounding WLG RMU and WLG R-2.5 zones through the incorporation of common building elements and to also create a storefront character. This shall be achieved through the use of design elements and features described in this section. iiii.. The architecture of buildings shall establish a strong design relationship to one another to create a visually compatible ensemble. This relationship shall be especially reinforced at all four corners of the intersection of Boones Ferry Road and West Sunset Drive. iiiiii.. A clear visual distinction shall be made between the pedestrian oriented ground floor and upper stories through the use of an ample cornice above the first floor, a change of building materials, a row of clerestory windows, arcade or overhang. iivv.. Main public entrances shall be located directly off a sidewalk abutting the public street. Entries shall be sheltered and emphasized through the use of canopies or overhangs. These provisions are intended to implement the Lake Oswego Comprehensive Plan and the West Lake Grove Design District, identified in Figure 50.05.005- N: West Lake Grove Design District Boundaries, by specifying allowed land uses and providing clear and objective design and development standards for new dwellings in the District to ensure: nn.. SSttoorrmmwwaatteerr MMaannaaggeemmeenntt 5500..0066..000011 BBUUIILLDDIINNGG DDEESSIIGGNN 66.. DDEESSIIGGNN SSTTAANNDDAARRDDSS FFOORR TTHHEE OOFFFFIICCEE CCOOMMMMEERRCCIIAALL ((WWLLGG OOCC)) ZZOONNEE i. Street Lighting Additional street lighting on Boones Ferry Road made necessary by new development shall be determined by the approval authority, who may require a street lighting study commensurate with a development review application to determine the appropriate level of lighting. Storm drainage and surface water management facilities shall be required pursuant to LOC 50.06.006.3, Stormwater Managment Standards, and shall ensure stormwater is not directed onto adjacent residential neighborhoods. (7) Building vents and mechanical devices shall be screened from view with materials harmonious to the building. Exterior site elements such as storage, trash collection areas and noise generating equipment shall be located away from abutting residential districts and sight-obscuring fencing and landscaping shall be used to screen and buffer these features. (8) Building components, such as windows, doors, eaves and parapets, shall have proper proportions and be placed in relationship to one another. (9) Exterior building lighting shall be designed as part of the architectural concept. Fixtures, standards and exposed accessories shall be of the proper scale and compatible with the building and overall site design. (10) Rain protection is encouraged throughout the Design District and shall be afforded to the WLG RMU zone pursuant to Figure 50.05.005-L: Building Rain Protection. Rain protection shall consist of fabric awnings or metal canopies. Vinyl awnings are prohibited. Street and pathway lighting shall be provided per Figure 50.05.005-M: Required Street Lighting. Street and parking lot lighting shall consist of historic style fixtures. Cobra-head and contemporary fixtures are prohibited. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 31 Date: 04/29/2022 Rev: 04/29/2022 Zoning Code Review City of Lake Oswego, Figure 50.06.001-N City of Lake Oswego, Figure 50.06.001-O Note: This Zoning Code Review is not comprehensive. City of Lake Oswego Community Development Code online should be reviewed for a comprehensive understanding of the development requirements. This document highlights key sections in order to help readers navigate key sections of the code that impacted the study to date. ll.. SSttrreeeett aanndd PPaatthhwwaayy LLiigghhttiinnggaa.. PPuurrppoosseebb.. RReeqquuiirreedd DDeessiiggnn EElleemmeennttss 99.. CCLLEEAARR AANNDD OOBBJJEECCTTIIVVEE HHOOUUSSIINNGG SSTTAANNDDAARRDDSS FFOORR AAPPPPRROOVVAALL aa.. PPuurrppoossee bb.. CClleeaarr aanndd OObbjjeeccttiivvee TTrraacckk 22 AAlltteerrnnaattiivvee AApppplliiccaabbiilliittyy ii.. Development that complies with subsection 7.b.ii of this section may comply with this article in lieu of compliance with 77.. CCLLEEAARR AANNDD OOBBJJEECCTTIIVVEE HHOOUUSSIINNGG SSTTAANNDDAARRDDSS FFOORR AAPPPPRROOVVAALL ii.. The characteristics of allowed land uses are appropriate for this location in terms of function, transportation characteristics, and compatibility with nearby residential uses. This zone is intended to provide for a mix of professional office and neighborhood commercial uses to serve the frequently reoccurring needs of the Lake Grove and Rural Lake Grove Neighborhoods and serve as an activity focus for the West Lake Grove Design District.ii.. The design theme of the WLG OC zone is intended to reflect the residential character and scale of the surrounding WLG RMU and WLG R-2.5 zones through the incorporation of common building elements and to also create a storefront character. This shall be achieved through the use of design elements and features described in this section.iiii.. The architecture of buildings shall establish a strong design relationship to one another to create a visually compatible ensemble. This relationship shall be especially reinforced at all four corners of the intersection of Boones Ferry Road and West Sunset Drive.iiiiii.. A clear visual distinction shall be made between the pedestrian oriented ground floor and upper stories through the use of an ample cornice above the first floor, a change of building materials, a row of clerestory windows, arcade or overhang. iivv.. Main public entrances shall be located directly off a sidewalk abutting the public street. Entries shall be sheltered and emphasized through the use of canopies or overhangs. These provisions are intended to implement the Lake Oswego Comprehensive Plan and the West Lake Grove Design District, identified in Figure 50.05.005- N: West Lake Grove Design District Boundaries, by specifying allowed land uses and providing clear and objective design and development standards for new dwellings in the District to ensure: nn.. SSttoorrmmwwaatteerr MMaannaaggeemmeenntt 5500..0066..000011 BBUUIILLDDIINNGG DDEESSIIGGNN 66.. DDEESSIIGGNN SSTTAANNDDAARRDDSS FFOORR TTHHEE OOFFFFIICCEE CCOOMMMMEERRCCIIAALL ((WWLLGG OOCC)) ZZOONNEEi. Street LightingAdditional street lighting on Boones Ferry Road made necessary by new development shall be determined by the approval authority, who may require a street lighting study commensurate with a development review application to determine the appropriate level of lighting.Storm drainage and surface water management facilities shall be required pursuant to LOC 50.06.006.3, Stormwater Managment Standards, and shall ensure stormwater is not directed onto adjacent residential neighborhoods.(7) Building vents and mechanical devices shall be screened from view with materials harmonious to the building. Exterior site elements such as storage, trash collection areas and noise generating equipment shall be located away from abutting residential districts and sight-obscuring fencing and landscaping shall be used to screen and buffer these features.(8) Building components, such as windows, doors, eaves and parapets, shall have proper proportions and be placed in relationship to one another.(9) Exterior building lighting shall be designed as part of the architectural concept. Fixtures, standards and exposed accessories shall be of the proper scale and compatible with the building and overall site design.(10) Rain protection is encouraged throughout the Design District and shall be afforded to the WLG RMU zone pursuant to Figure 50.05.005-L: Building Rain Protection. Rain protection shall consist of fabric awnings or metal canopies. Vinyl awnings are prohibited.Street and pathway lighting shall be provided per Figure 50.05.005-M: Required Street Lighting. Street and parking lot lighting shall consist of historic style fixtures. Cobra-head and contemporary fixtures are prohibited. cc.. DDeessiiggnn SSttaannddaarrddss ((11)) BBuuiillddiinngg AArrttiiccuullaattiioonn ((ii)) Projecting bays measuring at least six ft. in width. ((iiii)) Building recesses measuring at least six ft. in width. New buildings shall meet the following massing and compositional standards. The standards achieve the above purpose by requiring buildings to be articulated, avoiding large uninterrupted wall planes; have detailing that creates visual interest with appropriate proportions, rhythm, and scale; utilize attractive, high quality materials that are durable; and employ architectural styles that are contextually appropriate. iiii.. This article is applicable in all zones except the FMU zone to development that creates new dwelling units involving a residential mixed use, multi-family, or attached single-family (three or more units) residential structure. ii.. SSttaannddaarrddss ffoorr MMuullttii--FFaammiillyy aanndd RReessiiddeennttiiaall MMiixxeedd UUssee SSttrruuccttuurreess FFiigguurree 5500..0066..000011--NN:: MMuullttii--FFaammiillyy aanndd RReessiiddeennttiiaall MMiixxeedd UUssee BBuuiillddiinngg AArrttiiccuullaattiioonn -- sseeee iinn ddooccuummeenntt Multi-family and residential mixed use structures shall comply with the following standards (also see Figure 50.06.001-N): ((aa)) All building elevations facing a street, public courtyard or plaza shall be articulated along all stories by providing a minimum two-ft. horizontal change in building plane at least every 3300 fftt . For elevations not facing a street, public courtyard or plaza, articulation shall occur at least every 4400 fftt . For each story over two stories, the required horizontal change shall be increased by one ft. A change in plane shall be provided through at least two of the following: ((iiiiii)) Upper level balconies (projecting or recessed), measuring at least four ft. in width and projecting not more than two ft. beyond the building facade. ((iivv)) Front porch or stoop projections, measuring at least six ft. in width. ((vv)) Recessed building entries measuring at least six ft. in width. Ground floors providing commercial uses are exempt from this requirement; they must comply with the standards for building facade elements in subsection 7.c.i(2) of this section. ((bb)) Roofline articulation shall be provided in a manner that corresponds with the facade articulation. This shall be accomplished by providing the following roofline or roof form elements at least every 30 ft., as viewed from adjacent street(s), public courtyards, and plazas. ((ii)) Roofline articulation shall include gables, dormers, offsets in ridgeline, stepped parapets, cornice lines, or changes in roofline elevation. ((iiii)) The distance between rooflines where articulation occurs shall be measured from the center point of the street-facing gable, dormer, or offset, to the center point of the next street-facing gable, dormer, or offset, or to the edge of the roof if that is the next closest break in the roofline (see Figure 50.06.001- N). ((cc)) Ground floor entries to individual residential units shall provide a covered front porch, or a front entry that is recessed a minimum of two ft. behind the front building facade. ((dd)) Primary building entries (including shared entries to residential units) shall provide an awning or canopy, or be recessed a minimum of two ft. behind the front building facade. ((22)) BBuuiillddiinngg FFaaccaaddee EElleemmeennttss The front building elevation of multi-family and residential mixed use structures with multiple stories shall meet the following standards, which are intended to avoid large uninterrupted wall planes and provide a defined building base, middle, and top as follows. Single-story multi-family and residential mixed use structures shall provide a defined building base and top (see Figure 50.06.001-O). (a) Base: The "base" of a multi-story building extends from the sidewalk or landscape grade, as applicable, to the bottom of the second story or the belt course/string course/cornice that separates the ground floor from the upper levels of the building. The base of a single-story building extends from the sidewalk or landscape grade, as applicable, to the ceiling. The building base shall be defined by providing the following elements: (i) All ground floor building entries shall be protected from the weather by canopies, or recessed behind the front building facade at least two ft. (ii) Buildings providing a ground floor commercial component shall provide all of the following additional elements: (A) The street-facing ground floor shall be divided into distinct architectural bays measuring not more than 30 ft. on center. An architectural bay is the zone between the outside edges of an engaged column, pilaster, post, or vertical wall area that provides a ground floor windowsill/base. (B) A belt course/string course/cornice shall separate the ground floor from upper floors. (C) Weather protection shall be provided in the form of structurally integrated canopies, awnings or projecting roof or arcade along a minimum of 50% of the length of the street-facing ground floor facade. Canopies shall project at least four ft. from the facade or half the width of the sidewalk/pathway, and shall provide a minimum clearance of seven ft. from the bottom of the awning/canopy to the sidewalk. Canvas awnings are not permitted. 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 32 Date: 04/29/2022 Rev: 04/29/2022 Zoning Code Review Note: This Zoning Code Review is not comprehensive. City of Lake Oswego Community Development Code online should be reviewed for a comprehensive understanding of the development requirements. This document highlights key sections in order to help readers navigate key sections of the code that impacted the study to date. cc.. DDeessiiggnn SSttaannddaarrddss ((11)) BBuuiillddiinngg AArrttiiccuullaattiioonn ((ii)) Projecting bays measuring at least six ft. in width. ((iiii)) Building recesses measuring at least six ft. in width. New buildings shall meet the following massing and compositional standards. The standards achieve the above purpose by requiring buildings to be articulated, avoiding large uninterrupted wall planes; have detailing that creates visual interest with appropriate proportions, rhythm, and scale; utilize attractive, high quality materials that are durable; and employ architectural styles that are contextually appropriate. iiii.. This article is applicable in all zones except the FMU zone to development that creates new dwelling units involving a residential mixed use, multi-family, or attached single-family (three or more units) residential structure. ii.. SSttaannddaarrddss ffoorr MMuullttii--FFaammiillyy aanndd RReessiiddeennttiiaall MMiixxeedd UUssee SSttrruuccttuurreess FFiigguurree 5500..0066..000011--NN:: MMuullttii--FFaammiillyy aanndd RReessiiddeennttiiaall MMiixxeedd UUssee BBuuiillddiinngg AArrttiiccuullaattiioonn -- sseeee iinn ddooccuummeenntt Multi-family and residential mixed use structures shall comply with the following standards (also see Figure 50.06.001-N): ((aa)) All building elevations facing a street, public courtyard or plaza shall be articulated along all stories by providing a minimum two-ft. horizontal change in building plane at least every 3300 fftt . For elevations not facing a street, public courtyard or plaza, articulation shall occur at least every 4400 fftt . For each story over two stories, the required horizontal change shall be increased by one ft. A change in plane shall be provided through at least two of the following: ((iiiiii)) Upper level balconies (projecting or recessed), measuring at least four ft. in width and projecting not more than two ft. beyond the building facade. ((iivv)) Front porch or stoop projections, measuring at least six ft. in width. ((vv)) Recessed building entries measuring at least six ft. in width. Ground floors providing commercial uses are exempt from this requirement; they must comply with the standards for building facade elements in subsection 7.c.i(2) of this section. ((bb)) Roofline articulation shall be provided in a manner that corresponds with the facade articulation. This shall be accomplished by providing the following roofline or roof form elements at least every 30 ft., as viewed from adjacent street(s), public courtyards, and plazas. ((ii)) Roofline articulation shall include gables, dormers, offsets in ridgeline, stepped parapets, cornice lines, or changes in roofline elevation. ((iiii)) The distance between rooflines where articulation occurs shall be measured from the center point of the street-facing gable, dormer, or offset, to the center point of the next street-facing gable, dormer, or offset, or to the edge of the roof if that is the next closest break in the roofline (see Figure 50.06.001- N). ((cc)) Ground floor entries to individual residential units shall provide a covered front porch, or a front entry that is recessed a minimum of two ft. behind the front building facade. ((dd)) Primary building entries (including shared entries to residential units) shall provide an awning or canopy, or be recessed a minimum of two ft. behind the front building facade. ((22)) BBuuiillddiinngg FFaaccaaddee EElleemmeennttss The front building elevation of multi-family and residential mixed use structures with multiple stories shall meet the following standards, which are intended to avoid large uninterrupted wall planes and provide a defined building base, middle, and top as follows. Single-story multi-family and residential mixed use structures shall provide a defined building base and top (see Figure 50.06.001-O). (a) Base: The "base" of a multi-story building extends from the sidewalk or landscape grade, as applicable, to the bottom of the second story or the belt course/string course/cornice that separates the ground floor from the upper levels of the building. The base of a single-story building extends from the sidewalk or landscape grade, as applicable, to the ceiling. The building base shall be defined by providing the following elements: (i) All ground floor building entries shall be protected from the weather by canopies, or recessed behind the front building facade at least two ft. (ii) Buildings providing a ground floor commercial component shall provide all of the following additional elements: (A) The street-facing ground floor shall be divided into distinct architectural bays measuring not more than 30 ft. on center. An architectural bay is the zone between the outside edges of an engaged column, pilaster, post, or vertical wall area that provides a ground floor windowsill/base. (B) A belt course/string course/cornice shall separate the ground floor from upper floors. (C) Weather protection shall be provided in the form of structurally integrated canopies, awnings or projecting roof or arcade along a minimum of 50% of the length of the street-facing ground floor facade. Canopies shall project at least four ft. from the facade or half the width of the sidewalk/pathway, and shall provide a minimum clearance of seven ft. from the bottom of the awning/canopy to the sidewalk. Canvas awnings are not permitted. ll.. SSttrreeeett aanndd PPaatthhwwaayy LLiigghhttiinnggaa.. PPuurrppoosseebb.. RReeqquuiirreedd DDeessiiggnn EElleemmeennttss99.. CCLLEEAARR AANNDD OOBBJJEECCTTIIVVEE HHOOUUSSIINNGG SSTTAANNDDAARRDDSS FFOORR AAPPPPRROOVVAALLaa.. PPuurrppoossee bb.. CClleeaarr aanndd OObbjjeeccttiivvee TTrraacckk 22 AAlltteerrnnaattiivvee AApppplliiccaabbiilliittyy ii.. Development that complies with subsection 7.b.ii of this section may comply with this article in lieu of compliance with 77.. CCLLEEAARR AANNDD OOBBJJEECCTTIIVVEE HHOOUUSSIINNGG SSTTAANNDDAARRDDSS FFOORR AAPPPPRROOVVAALL ii.. The characteristics of allowed land uses are appropriate for this location in terms of function, transportation characteristics, and compatibility with nearby residential uses. This zone is intended to provide for a mix of professional office and neighborhood commercial uses to serve the frequently reoccurring needs of the Lake Grove and Rural Lake Grove Neighborhoods and serve as an activity focus for the West Lake Grove Design District.ii.. The design theme of the WLG OC zone is intended to reflect the residential character and scale of the surrounding WLG RMU and WLG R-2.5 zones through the incorporation of common building elements and to also create a storefront character. This shall be achieved through the use of design elements and features described in this section.iiii.. The architecture of buildings shall establish a strong design relationship to one another to create a visually compatible ensemble. This relationship shall be especially reinforced at all four corners of the intersection of Boones Ferry Road and West Sunset Drive.iiiiii.. A clear visual distinction shall be made between the pedestrian oriented ground floor and upper stories through the use of an ample cornice above the first floor, a change of building materials, a row of clerestory windows, arcade or overhang.iivv.. Main public entrances shall be located directly off a sidewalk abutting the public street. Entries shall be sheltered and emphasized through the use of canopies or overhangs.These provisions are intended to implement the Lake Oswego Comprehensive Plan and the West Lake Grove Design District, identified in Figure 50.05.005-N: West Lake Grove Design District Boundaries, by specifying allowed land uses and providing clear and objective design and development standards for new dwellings in the District to ensure:nn.. SSttoorrmmwwaatteerr MMaannaaggeemmeenntt 5500..0066..000011 BBUUIILLDDIINNGG DDEESSIIGGNN 66.. DDEESSIIGGNN SSTTAANNDDAARRDDSS FFOORR TTHHEE OOFFFFIICCEE CCOOMMMMEERRCCIIAALL ((WWLLGG OOCC)) ZZOONNEEi. Street LightingAdditional street lighting on Boones Ferry Road made necessary by new development shall be determined by the approval authority, who may require a street lighting study commensurate with a development review application to determine the appropriate level of lighting.Storm drainage and surface water management facilities shall be required pursuant to LOC 50.06.006.3, Stormwater Managment Standards, and shall ensure stormwater is not directed onto adjacent residential neighborhoods.(7) Building vents and mechanical devices shall be screened from view with materials harmonious to the building. Exterior site elements such as storage, trash collection areas and noise generating equipment shall be located away from abutting residential districts and sight-obscuring fencing and landscaping shall be used to screen and buffer these features.(8) Building components, such as windows, doors, eaves and parapets, shall have proper proportions and be placed in relationship to one another.(9) Exterior building lighting shall be designed as part of the architectural concept. Fixtures, standards and exposed accessories shall be of the proper scale and compatible with the building and overall site design.(10) Rain protection is encouraged throughout the Design District and shall be afforded to the WLG RMU zone pursuant to Figure 50.05.005-L: Building Rain Protection. Rain protection shall consist of fabric awnings or metal canopies. Vinyl awnings are prohibited.Street and pathway lighting shall be provided per Figure 50.05.005-M: Required Street Lighting. Street and parking lot lighting shall consist of historic style fixtures. Cobra-head and contemporary fixtures are prohibited. (CONTINUED) 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 33 Date: 04/29/2022 Rev: 04/29/2022 Zoning Code Review Note: This Zoning Code Review is not comprehensive. City of Lake Oswego Community Development Code online should be reviewed for a comprehensive understanding of the development requirements. This document highlights key sections in order to help readers navigate key sections of the code that impacted the study to date. 5500..0066..000022 PPAARRKKIINNGG TTAABBLLEE 5500..0066..000022--33:: MMIINNIIMMUUMM OOFFFF--SSTTRREEEETT PPAARRKKIINNGG SSPPAACCEE RREEQQUUIIRREEMMEENNTTSS ((AA)) RREESSIIDDEENNTTIIAALL 3. Multi-family 25% of the required parking for multi-family use shall be located to provide for common or visitor use i. Studio/efficiency 1 space per unit ii. 1 bedroom 1.25 spaces per unit iii. 2 or more bedrooms 1.5 spaces per unit ((EE)) CCOOMMMMEERRCCIIAALL 1. Office, including business and management services except medical or dental 3.33 spaces per 1,000 sq. ft. G.F.A. 2. Medical and dental offices or clinics including accessory laboratories for medicine, dentistry, veterinarian practice or other practices of the healing arts 3.9 spaces per 1,000 sq. ft. G.F.A. 6. Specialty food stores, such as coffee, bagels, juice bars (take-out food/drink primarily) [2] 6.6 spaces per 1,000 sq. ft. G.F.A. 7. Eating or drinking establishment [2] 13.3 spaces per 1,000 sq. ft. G.F.A. TTAABBLLEE 5500..0066..000022--44:: PPAARRKKIINNGG RREEQQUUIIRREEMMEENNTT MMOODDIIFFIIEERRSS Transit shelter within 500 ft. of building 0.90 x requirement Transit facilities, on fronting street, within 500 ft. of building 0.90 x requirement (D) Storefront windows ("glazing") with not less than 40% visual light transmittance shall be provided on a minimum of 60% of the street-facing ground floor building facade. The bottom edge of windows shall be constructed at or between 12 in. and 30 in. above the abutting walkway surface. Minimum glazing includes any glazed portions of doors. (b) Middle: The “middle” of the building extends from the top of the belt course/string course/cornice at the top of the building base to the ceiling of the highest building story. The middle of the building shall be defined by providing all of the following elements: iiii.. SSttaannddaarrddss ffoorr TToowwnnhhoouussee//RRoowwhhoouussee SSttrruuccttuurreess (Note: Townhouse is not being considered on this site) (i) A minimum of 60% of all upper story windows shall be vertically oriented, with a minimum vertical to horizontal dimension ratio of 1.5:1. This vertical orientation applies to individual windows, as opposed to grouped window arrays as illustrated in Figure 50.06.001-O. ((iiii)) Upper building stories shall provide a minimum of 30% glazing on upper level building facades facing a street or public space. For the purposes of this standard, minimum glazing includes any glazed portions of doors ((iiiiii)) In addition to the required “middle” elements outlined above, two of the following building elements shall be provided in the middle section: ((AA)) A change in exterior cladding or detailing and material color between the ground floor and upper floors. ((BB)) Street-facing balconies or decks. ((CC)) A six-ft. minimum building step back on upper floors. ((cc)) Top: The “top” of the building extends from the ceiling of the uppermost floor to the highest vertical point on the roof of the building. The top of the building shall be defined as follows: ((ii)) All flat-roofed structures shall provide a cornice or parapet measuring at least 12 in. in height and distinguished from the wall plane either with a minimum six-in. projection or a change in building material and/or color. See next page “Parking Reduction for Transit” for parking ratios and requirementsSee next page “Parking Reduction for Transit” for parking ratios and requirements Parking Study Provisions The parking study shall demonstrate sufficient number of parking spaces for the use per subsection 2.a.ii(2) of this section. ii.. Greater than 1,000 sq. ft. of impervious surface is created; or bb.. SSttaannddaarrddss ffoorr AApppprroovvaall The applicant must demonstrate that, based upon LOC Article 38.25, Stormwater Management Code, the capacity, type, location, feasibility and land area required of the proposed stormwater management system and stormwater disposal facilities as well as any connection to off-site facilities can be provided. Stormwater management measures and requirements are detailed in LOC 38.25.001 through 38.25.190 and in the current version of the Lake Oswego Stormwater Management Manual. 5500..0066..000055 PPAARRKK AANNDD OOPPEENN SSPPAACCEE CCOONNTTRRIIBBUUTTIIOONNSS 33.. SSTTAANNDDAARRDDSS FFOORR AAPPPPRROOVVAALL aa.. AAmmoouunntt ooff OOppeenn SSppaaccee RReeqquuiirreedd ii.. All developments, except as otherwise provided by this section, shall provide open space land approved by the City in an aggregate amount equal to at least 20% of the net developable area of the development. 5500..0066..000066 GGEEOOLLOOGGIICC HHAAZZAARRDDSS AANNDD SSTTOORRMMWWAATTEERR MMAANNAAGGEEMMEENNTT 33.. SSTTOORRMMWWAATTEERR MMAANNAAGGEEMMEENNTT SSTTAANNDDAARRDDSS aa.. AApppplliiccaabbiilliittyy Stormwater management requirements are applicable to all development where: ll.. SSttrreeeett aanndd PPaatthhwwaayy LLiigghhttiinnggaa.. PPuurrppoosseebb.. RReeqquuiirreedd DDeessiiggnn EElleemmeennttss99.. CCLLEEAARR AANNDD OOBBJJEECCTTIIVVEE HHOOUUSSIINNGG SSTTAANNDDAARRDDSS FFOORR AAPPPPRROOVVAALLaa.. PPuurrppoossee bb.. CClleeaarr aanndd OObbjjeeccttiivvee TTrraacckk 22 AAlltteerrnnaattiivvee AApppplliiccaabbiilliittyy ii.. Development that complies with subsection 7.b.ii of this section may comply with this article in lieu of compliance with 77.. CCLLEEAARR AANNDD OOBBJJEECCTTIIVVEE HHOOUUSSIINNGG SSTTAANNDDAARRDDSS FFOORR AAPPPPRROOVVAALL ii.. The characteristics of allowed land uses are appropriate for this location in terms of function, transportation characteristics, and compatibility with nearby residential uses. This zone is intended to provide for a mix of professional office and neighborhood commercial uses to serve the frequently reoccurring needs of the Lake Grove and Rural Lake Grove Neighborhoods and serve as an activity focus for the West Lake Grove Design District.ii.. The design theme of the WLG OC zone is intended to reflect the residential character and scale of the surrounding WLG RMU and WLG R-2.5 zones through the incorporation of common building elements and to also create a storefront character. This shall be achieved through the use of design elements and features described in this section.iiii.. The architecture of buildings shall establish a strong design relationship to one another to create a visually compatible ensemble. This relationship shall be especially reinforced at all four corners of the intersection of Boones Ferry Road and West Sunset Drive.iiiiii.. A clear visual distinction shall be made between the pedestrian oriented ground floor and upper stories through the use of an ample cornice above the first floor, a change of building materials, a row of clerestory windows, arcade or overhang.iivv.. Main public entrances shall be located directly off a sidewalk abutting the public street. Entries shall be sheltered and emphasized through the use of canopies or overhangs.These provisions are intended to implement the Lake Oswego Comprehensive Plan and the West Lake Grove Design District, identified in Figure 50.05.005-N: West Lake Grove Design District Boundaries, by specifying allowed land uses and providing clear and objective design and development standards for new dwellings in the District to ensure:nn.. SSttoorrmmwwaatteerr MMaannaaggeemmeenntt 5500..0066..000011 BBUUIILLDDIINNGG DDEESSIIGGNN 66.. DDEESSIIGGNN SSTTAANNDDAARRDDSS FFOORR TTHHEE OOFFFFIICCEE CCOOMMMMEERRCCIIAALL ((WWLLGG OOCC)) ZZOONNEEi. Street LightingAdditional street lighting on Boones Ferry Road made necessary by new development shall be determined by the approval authority, who may require a street lighting study commensurate with a development review application to determine the appropriate level of lighting.Storm drainage and surface water management facilities shall be required pursuant to LOC 50.06.006.3, Stormwater Managment Standards, and shall ensure stormwater is not directed onto adjacent residential neighborhoods.(7) Building vents and mechanical devices shall be screened from view with materials harmonious to the building. Exterior site elements such as storage, trash collection areas and noise generating equipment shall be located away from abutting residential districts and sight-obscuring fencing and landscaping shall be used to screen and buffer these features.(8) Building components, such as windows, doors, eaves and parapets, shall have proper proportions and be placed in relationship to one another.(9) Exterior building lighting shall be designed as part of the architectural concept. Fixtures, standards and exposed accessories shall be of the proper scale and compatible with the building and overall site design.(10) Rain protection is encouraged throughout the Design District and shall be afforded to the WLG RMU zone pursuant to Figure 50.05.005-L: Building Rain Protection. Rain protection shall consist of fabric awnings or metal canopies. Vinyl awnings are prohibited.Street and pathway lighting shall be provided per Figure 50.05.005-M: Required Street Lighting. Street and parking lot lighting shall consist of historic style fixtures. Cobra-head and contemporary fixtures are prohibited. (CONTINUED) 1223 SW Washington Suite 200 Portland, OR 97239 www.zgf.com TOD Study Boones Ferry Rd. Lake Oswego pg 34 Date: 04/29/2022 Rev: 04/29/2022 5500..0066..000022 PPAARRKKIINNGG TTAABBLLEE 5500..0066..000022--33:: MMIINNIIMMUUMM OOFFFF--SSTTRREEEETT PPAARRKKIINNGG SSPPAACCEE RREEQQUUIIRREEMMEENNTTSS ((AA)) RREESSIIDDEENNTTIIAALL 3. Multi-family 25% of the required parking for multi-family use shall be located to provide for common or visitor use i. Studio/efficiency 1 space per unit ii. 1 bedroom 1.25 spaces per unit iii. 2 or more bedrooms 1.5 spaces per unit ((EE)) CCOOMMMMEERRCCIIAALL 1. Office, including business and management services except medical or dental 3.33 spaces per 1,000 sq. ft. G.F.A. 2. Medical and dental offices or clinics including accessory laboratories for medicine, dentistry, veterinarian practice or other practices of the healing arts 3.9 spaces per 1,000 sq. ft. G.F.A. 6. Specialty food stores, such as coffee, bagels, juice bars (take-out food/drink primarily) [2] 6.6 spaces per 1,000 sq. ft. G.F.A. 7. Eating or drinking establishment [2] 13.3 spaces per 1,000 sq. ft. G.F.A. TTAABBLLEE 5500..0066..000022--44:: PPAARRKKIINNGG RREEQQUUIIRREEMMEENNTT MMOODDIIFFIIEERRSS Transit shelter within 500 ft. of building 0.90 x requirement Transit facilities, on fronting street, within 500 ft. of building 0.90 x requirement (D) Storefront windows ("glazing") with not less than 40% visual light transmittance shall be provided on a minimum of 60% of the street-facing ground floor building facade. The bottom edge of windows shall be constructed at or between 12 in. and 30 in. above the abutting walkway surface. Minimum glazing includes any glazed portions of doors.(b) Middle: The “middle” of the building extends from the top of the belt course/string course/cornice at the top of the building base to the ceiling of the highest building story. The middle of the building shall be defined by providing all of the following elements: iiii.. SSttaannddaarrddss ffoorr TToowwnnhhoouussee//RRoowwhhoouussee SSttrruuccttuurreess (Note: Townhouse is not being considered on this site) (i) A minimum of 60% of all upper story windows shall be vertically oriented, with a minimum vertical to horizontal dimension ratio of 1.5:1. This vertical orientation applies to individual windows, as opposed to grouped window arrays as illustrated in Figure 50.06.001-O.((iiii)) Upper building stories shall provide a minimum of 30% glazing on upper level building facades facing a street or public space. For the purposes of this standard, minimum glazing includes any glazed portions of doors((iiiiii)) In addition to the required “middle” elements outlined above, two of the following building elements shall be provided in the middle section:((AA)) A change in exterior cladding or detailing and material color between the ground floor and upper floors.((BB)) Street-facing balconies or decks.((CC)) A six-ft. minimum building step back on upper floors.((cc)) Top: The “top” of the building extends from the ceiling of the uppermost floor to the highest vertical point on the roof of the building. The top of the building shall be defined as follows: ((ii)) All flat-roofed structures shall provide a cornice or parapet measuring at least 12 in. in height and distinguished from the wall plane either with a minimum six-in. projection or a change in building material and/or color. Parking modifier A 10% reduction in the parking requirement is available if a transit shelter abuts the site frontage. This understanding was confirmed by City of Lake Oswego staff on 1/24/2022. Zoning Code Review Parking Reduction for Transit Note: This Zoning Code Review is not comprehensive. City of Lake Oswego Community Development Code online should be reviewed for a comprehensive understanding of the development requirements. This document highlights key sections in order to help readers navigate key sections of the code that impacted the study to date. Parking Study Provisions The parking study shall demonstrate sufficient number of parking spaces for the use per subsection 2.a.ii(2) of this section. ii.. Greater than 1,000 sq. ft. of impervious surface is created; or bb.. SSttaannddaarrddss ffoorr AApppprroovvaall The applicant must demonstrate that, based upon LOC Article 38.25, Stormwater Management Code, the capacity, type, location, feasibility and land area required of the proposed stormwater management system and stormwater disposal facilities as well as any connection to off-site facilities can be provided. Stormwater management measures and requirements are detailed in LOC 38.25.001 through 38.25.190 and in the current version of the Lake Oswego Stormwater Management Manual. 5500..0066..000055 PPAARRKK AANNDD OOPPEENN SSPPAACCEE CCOONNTTRRIIBBUUTTIIOONNSS 33.. SSTTAANNDDAARRDDSS FFOORR AAPPPPRROOVVAALL aa.. AAmmoouunntt ooff OOppeenn SSppaaccee RReeqquuiirreedd ii.. All developments, except as otherwise provided by this section, shall provide open space land approved by the City in an aggregate amount equal to at least 20% of the net developable area of the development. 5500..0066..000066 GGEEOOLLOOGGIICC HHAAZZAARRDDSS AANNDD SSTTOORRMMWWAATTEERR MMAANNAAGGEEMMEENNTT 33.. SSTTOORRMMWWAATTEERR MMAANNAAGGEEMMEENNTT SSTTAANNDDAARRDDSS aa.. AApppplliiccaabbiilliittyy Stormwater management requirements are applicable to all development where: tr 12345678123412345688123412345612354678123546781234561234567812345677CCCCCCCCCCCCCCCCCCCCCCCCCCCCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 97035PROPERTY INFORMATION:16719 BOONES FERRY RD LAKE OSWEGOPROPERTY ID: C194916COUNTY:CLACKAMASSTATE ID: 21E07DC07200ALT ACCOUNT NUMBER: 235203LAND TYPE: VACTOTAL LAND AREA: 0.33 ACRES (14,487 SQ FT)5110 WEST SUNSET DR LAKE OSWEGOPROPERTY ID: C194915COUNTY:CLACKAMASSTATE ID: 21E07DC07300ALT ACCOUNT NUMBER: 235212LAND TYPE: VACTOTAL LAND AREA: 0.21 ACRES (9,136 SQ FT)5126 WEST SUNSET DR LAKE OSWEGOPROPERTY ID: C194914COUNTY:CLACKAMASSTATE ID: 21E07DC07400ALT ACCOUNT NUMBER: 235221LAND TYP: VACTOTAL LAND AREA: 0.21 ACRES (9,136 SQ FT)16759 BOONES FERRY RD LAKE OSWEGOPROPERTY ID: C194951COUNTY:CLACKAMASSTATE ID: 21E07DC09000ALT ACCOUNT NUMBER: 235409LAND TYPE: VACTOTAL LAND AREA: 0.26 ACRES (11,400 SQ FT)16745 BOONES FERRY RD LAKE OSWEGOPROPERTY ID: C194950COUNTY:CLACKAMASSTATE ID: 21E07DC09100ALT ACCOUNT NUMBER: 235418LAND TYPE: VACTOTAL LAND AREA: 0.17 ACRES (7,513 SQ FT)16731 BOONES FERRY RD LAKE OSWEGOPROPERTY ID: C194927COUNTY:CLACKAMASSTATE ID: 21E07DC09200ALT ACCOUNT NUMBER: 235427LAND TYPE: VACTOTAL LAND AREA: 0.19 ACRES (8,205 SQ FT)1SCALE 1/32" = 1-0"SITE PLANNA1.1SITE PLANPROPERTY INFO 5126511016719167311674516759BOONES FERRY RDW SUNSET DRBLDG BBLDG ABLDG C tr 12345678123412345688123412345612354678123546781234561234567812345677CCCCCCCCCCCCCCCCCCCCCCCCCCCCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 97035PROPERTY INFORMATION:16719 BOONES FERRY RD LAKE OSWEGOPROPERTY ID: C194916COUNTY:CLACKAMASSTATE ID: 21E07DC07200ALT ACCOUNT NUMBER: 235203LAND TYPE: VACTOTAL LAND AREA: 0.33 ACRES (14,487 SQ FT)5110 WEST SUNSET DR LAKE OSWEGOPROPERTY ID: C194915COUNTY:CLACKAMASSTATE ID: 21E07DC07300ALT ACCOUNT NUMBER: 235212LAND TYPE: VACTOTAL LAND AREA: 0.21 ACRES (9,136 SQ FT)5126 WEST SUNSET DR LAKE OSWEGOPROPERTY ID: C194914COUNTY:CLACKAMASSTATE ID: 21E07DC07400ALT ACCOUNT NUMBER: 235221LAND TYP: VACTOTAL LAND AREA: 0.21 ACRES (9,136 SQ FT)16759 BOONES FERRY RD LAKE OSWEGOPROPERTY ID: C194951COUNTY:CLACKAMASSTATE ID: 21E07DC09000ALT ACCOUNT NUMBER: 235409LAND TYPE: VACTOTAL LAND AREA: 0.26 ACRES (11,400 SQ FT)16745 BOONES FERRY RD LAKE OSWEGOPROPERTY ID: C194950COUNTY:CLACKAMASSTATE ID: 21E07DC09100ALT ACCOUNT NUMBER: 235418LAND TYPE: VACTOTAL LAND AREA: 0.17 ACRES (7,513 SQ FT)16731 BOONES FERRY RD LAKE OSWEGOPROPERTY ID: C194927COUNTY:CLACKAMASSTATE ID: 21E07DC09200ALT ACCOUNT NUMBER: 235427LAND TYPE: VACTOTAL LAND AREA: 0.19 ACRES (8,205 SQ FT)1SCALE 1/16" = 1-0"SITE PLANNA1.1SITE PLANPROPERTY INFO 5126511016719167311674516759BLDG ABLDG BBLDG C MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4MAYFIELDSINKSCAST IRONK-5964-4 UNIT 10111'-8"X29'-1"LIVING/DINE/KIT10'-8"X10'-5"M. BEDRM10'-1"X10'-0"BEDRM 110'-1"X9'-6"BEDRM 2M. BATHBATHUNIT 10611'-8"X29'-1"LIVING/DINE/KIT10'-1"X10'-0"BEDRM 1BATH10'-8"X10'-5"M. BEDRMM. BATHUNIT 10210'-8"X21'-1"LIVING/DINE/KITBATH13'-6"X10'-0"BEDRMUNIT 103LIVING/DINE/KITUNIT 10412'-2"X29'-1"LIVING/DINE/KITPATIOPATIOPATIOPATIOPATIOBATH10'-6"X10'-2"BEDRM 110'-6"X9'-6"BEDRM 1PATIOBATHUNIT 10516'-0"X21'-0"LIVING/DINE/KIT/BATHCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 970351SCALE 1/4" = 1-0"FIRST FLOOR PLANNA2.1FIRSTFLOOR PLANBUILDING A MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4MAYFIELDSINKSCAST IRONK-5964-4 UNIT 30111'-8"X29'-1"LIVING/DINE/KIT10'-1"X10'-0"BEDRM 110'-1"X9'-6"BEDRM 2BATHUNIT 30210'-8"X21'-1"LIVING/DINE/KITBATH13'-6"X10'-0"BEDRMUNIT 303LIVING/DINE/KITUNIT 30412'-2"X29'-1"LIVING/DINE/KITDECKDECKDECKDECKBATH10'-6"X10'-2"BEDRM 110'-6"X9'-6"BEDRM 19'-2"X16'-0"BONUSMAYFIELDSINKSCAST IRONK-5964-4 UNIT 30611'-8"X29'-1"LIVING/DINE/KIT10'-1"X10'-0"BEDRM 1BATH10'-8"X10'-5"M. BEDRMM. BATHDECKDECKBATHUNIT 30316'-0"X21'-0"LIVING/DINE/KIT/BATHCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 970351SCALE 1/4" = 1-0"THIRD FLOOR PLANNA2.3THIRDFLOOR PLANBUILDING A MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4MAYFIELDSINKSCAST IRONK-5964-4 UNIT 20111'-8"X29'-1"LIVING/DINE/KIT10'-8"X10'-5"M. BEDRM10'-1"X10'-0"BEDRM 110'-1"X9'-6"BEDRM 2M. BATHBATHUNIT 20210'-8"X21'-1"LIVING/DINE/KITBATH13'-6"X10'-0"BEDRMUNIT 203LIVING/DINE/KITUNIT 20412'-2"X29'-1"LIVING/DINE/KITDECKDECKDECKDECKBATH10'-6"X10'-2"BEDRM 110'-6"X9'-6"BEDRM 1MAYFIELDSINKSCAST IRONK-5964-4 UNIT 20611'-8"X29'-1"LIVING/DINE/KIT10'-1"X10'-0"BEDRM 1BATH10'-8"X10'-5"M. BEDRMM. BATHDECKDECKBATHUNIT 20316'-0"X21'-0"LIVING/DINE/KIT/BATHCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 970351SCALE 1/4" = 1-0"SECOND FLOOR PLANNA2.2SECONDFLOOR PLANBUILDING A 10'-8"10'-2"9'-0"29'-10"T.O. SUB FLRT.O. SUB FLRT.O. SUB FLRT.O.P10'-8"10'-2"9'-0"29'-10"T.O. SUB FLRT.O. SUB FLRT.O. SUB FLRT.O.PCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 970351SCALE 1/8" = 1-0"SOUTH ELEVATIONA3.1BUILDING ELEVATIONSBUILDING A2SCALE 1/8" = 1-0"WEST ELEVATION 10'-8"10'-2"9'-0"29'-10"T.O. SUB FLRT.O. SUB FLRT.O. SUB FLRT.O.P10'-8"10'-2"9'-0"29'-10"T.O. SUB FLRT.O. SUB FLRT.O. SUB FLRT.O.PCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 97035A3.2BUILDING ELEVATIONSBUILDING A1SCALE 1/8" = 1-0"NORTH ELEVATION2SCALE 1/8" = 1-0"EAST ELEVATION 89'-1"60'-0"36'-0"27'-6"5'-0"27'-6"59'-0"26'-6"5'-0"27'-6"79'-6 1/2"26'-0"11'-0"22'-0"20'-6 1/2"34'-4"X20'-7"LIVING/DINE/KIT10'-3"X12'-10"M. BEDRM9'-7"X10'-0"BEDRM 19'-7"X10'-1"BEDRM 2M.BATHBATHBATHUNIT 10215'-1"X22'-7"LIVING/DINE/KITUNIT 103PATIOMAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4 12'-4"X20'-7"LIVING/DINE/KIT10'-1"X9'-2"BEDRM 110'-1"X10'-1"BEDRM 2BATHUNIT 101PATIORETAIL5' WIDE CORRIDOR10'-1"X26'-7"LIVING/DINE/KITUNIT 10410'-8"X12'-1"BEDRMBATHPATIO16'-0"22'-0"9'-6 1/2"5'-6 1/2"9'-6 1/2"PATIOCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 970351SCALE 3/16" = 1-0"FIRST FLOOR PLANNA2.1FIRSTFLOOR PLANBUILDING B MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4 34'-4"X20'-7"LIVING/DINE/KIT10'-3"X12'-10"M. BEDRM9'-7"X10'-0"BEDRM 19'-7"X10'-1"BEDRM 2M.BATHBATHBATHUNIT 20415'-1"X22'-7"LIVING/DINE/KITUNIT 205MAYFIELDSINKSCAST IRONK-5964-4 12'-4"X20'-7"LIVING/DINE/KIT10'-1"X9'-2"BEDRM 110'-1"X10'-1"BEDRM 2UNIT 201DECK5' WIDE CORRIDOR10'-1"X26'-7"LIVING/DINE/KITUNIT 20610'-8"X12'-1"BEDRMBATHDECKDECKDECK10'-1"X26'-7"LIVING/DINE/KITUNIT 20210'-8"X12'-1"BEDRMBATH10'-1"X26'-7"LIVING/DINE/KITUNIT 20310'-8"X12'-1"BEDRMBATHDECKDECKCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 97035A2.3THIRDFLOOR PLANBUILDING B1SCALE 3/16" = 1-0"THIRD FLOOR PLANN MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4 34'-4"X20'-7"LIVING/DINE/KIT10'-3"X12'-10"M. BEDRM9'-7"X10'-0"BEDRM 19'-7"X10'-1"BEDRM 2M.BATHBATHBATHUNIT 20415'-1"X22'-7"LIVING/DINE/KITUNIT 205MAYFIELDSINKSCAST IRONK-5964-4 12'-4"X20'-7"LIVING/DINE/KIT10'-1"X9'-2"BEDRM 110'-1"X10'-1"BEDRM 2UNIT 201DECK5' WIDE CORRIDOR10'-1"X26'-7"LIVING/DINE/KITUNIT 20610'-8"X12'-1"BEDRMBATHDECKDECKDECK10'-1"X26'-7"LIVING/DINE/KITUNIT 20210'-8"X12'-1"BEDRMBATH10'-1"X26'-7"LIVING/DINE/KITUNIT 20310'-8"X12'-1"BEDRMBATHDECKDECKCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 97035A2.2SECONDFLOOR PLANBUILDING B1SCALE 3/16" = 1-0"SECOND FLOOR PLANN 12'-0"10'-2"9'-0"31'-2"T.O. SUB FLRT.O. SUB FLRT.O. SUB FLRT.O.P12'-0"10'-2"9'-0"31'-2"T.O. SUB FLRT.O. SUB FLRT.O. SUB FLRT.O.PCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 970351SCALE 3/16" = 1-0"SOUTH ELEVATIONA3.1BUILDING ELEVATIONSBUILDING B2SCALE 3/16" = 1-0"EAST ELEVATION 83'-6 1/2"60'-0"22'-0"16'-0"36'-0"9'-6 1/2"27'-6"5'-0"27'-6"60'-0"27'-6"5'-0"27'-6"78'-0"26'-0"16'-0"26'-0"10'-0"MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4 12'-4"X20'-7"LIVING/DINE/KIT10'-0"X9'-2"BEDRM 19'-10"X10'-1"BEDRM 212'-4"X20'-7"LIVING/DINE/KIT10'-1"X9'-2"BEDRM 110'-1"X10'-1"BEDRM 210'-1"X26'-7"LIVING/DINE/KIT10'-8"X12'-1"BEDRM34'-4"X20'-7"LIVING/DINE/KIT10'-3"X12'-10"M. BEDRM9'-7"X10'-0"BEDRM 19'-7"X10'-1"BEDRM 2BATHBATHBATHM.BATHBATHBATHBATH15'-1"X22'-7"LIVING/DINE/KIT5' WIDE CORRIDORUNIT 102UNIT 101UNIT 103UNIT 106UNIT 10415'-1"X22'-7"LIVING/DINE/KITUNIT 1055'-0"PATIOPATIOPATIOPATIOPATIOPATIOCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 970351SCALE 3/16" = 1-0"FIRST FLOOR PLANNA2.1FIRSTFLOOR PLANBUILDING C MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4 12'-4"X20'-7"LIVING/DINE/KIT10'-0"X9'-2"BEDRM 19'-10"X10'-1"BEDRM 212'-4"X20'-7"LIVING/DINE/KIT10'-1"X9'-2"BEDRM 110'-1"X10'-1"BEDRM 210'-1"X26'-7"LIVING/DINE/KIT10'-8"X12'-1"BEDRM34'-4"X20'-7"LIVING/DINE/KIT10'-3"X12'-10"M. BEDRM9'-7"X10'-0"BEDRM 19'-7"X10'-1"BEDRM 2BATHBATHBATHM.BATHBATHBATHBATH15'-1"X22'-7"LIVING/DINE/KIT5' WIDE CORRIDORUNIT 202UNIT 201UNIT 203UNIT 206UNIT 20415'-1"X22'-7"LIVING/DINE/KITUNIT 202DECKDECKDECKPATIOPATIODECKCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 97035A2.2SECONDFLOOR PLANBUILDING C1SCALE 3/16" = 1-0"SECOND FLOOR PLANN MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4MAYFIELDSINKSCAST IRONK-5964-4 MAYFIELDSINKSCAST IRONK-5964-4 12'-4"X20'-7"LIVING/DINE/KIT10'-0"X9'-2"BEDRM 19'-10"X10'-1"BEDRM 212'-4"X20'-7"LIVING/DINE/KIT10'-1"X9'-2"BEDRM 110'-1"X10'-1"BEDRM 210'-1"X26'-7"LIVING/DINE/KIT10'-8"X12'-1"BEDRM34'-4"X20'-7"LIVING/DINE/KIT10'-3"X12'-10"M. BEDRM9'-7"X10'-0"BEDRM 19'-7"X10'-1"BEDRM 2BATHBATHBATHM.BATHBATHBATHBATH15'-1"X22'-7"LIVING/DINE/KIT5' WIDE CORRIDORUNIT 302UNIT 301UNIT 303UNIT 306UNIT 30415'-1"X22'-7"LIVING/DINE/KITUNIT 302DECKDECKDECKDECKPATIODECKCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 97035A2.3THIRDFLOOR PLANBUILDING C1SCALE 3/16" = 1-0"THIRD FLOOR PLANN 10'-8"10'-2"9'-0"29'-10"T.O. SUB FLRT.O. SUB FLRT.O. SUB FLRT.O.P10'-8"10'-2"9'-0"29'-10"T.O. SUB FLRT.O. SUB FLRT.O. SUB FLRT.O.PCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 970351SCALE 3/16" = 1-0"SOUTH ELEVATIONA3.1BUILDING ELEVATIONSBUILDING C2SCALE 3/16" = 1-0"EAST ELEVATION 10'-8"10'-2"9'-0"29'-10"T.O. SUB FLRT.O. SUB FLRT.O. SUB FLRT.O.P10'-8"10'-2"9'-0"29'-10"T.O. SUB FLRT.O. SUB FLRT.O. SUB FLRT.O.PCOPYRIGHT - TAHRAN ARCHITECTURE & PLANNING LLC DO NOT REPRODUCE WITHOUT PERMISSIONBFR APARTMENTS16719 BOONES FERRY RD.PROJ NO.2021-005.SHEET CONTENTSSHEET NUMBERTAHRAN ARCHITECTURE & PLANNING LLC13741 KNAUS ROAD LAKE OSWEGO, OREGON 97034NOT VALIDPROGRESS SET 04-29-21LAKE OSWEGO, OR 970351SCALE 3/16" = 1-0"NORTH ELEVATIONA3.2BUILDING ELEVATIONSBUILDING C2SCALE 3/16" = 1-0"WEST ELEVATION BUILDING A FIRST FLOOR LOCATION NO OF BDRM NO OF BATH POORCH/DECK SF AREA SF UNIT 101 3 2 43 SF 1,061 SF UNIT 102 1 1 55 SF 539 SF UNIT 103 1 1 55 SF 539 SF UNIT 104 2 1 45 SF 795 SF UNIT 105 0 1 45 SF 415 SF UNIT 106 3 2 43 SF 1,061 SF TOTAL 10 8 252 SF 4,410 SF FLOOR AREA 5,120 SF COMMON AREA 710 SF SECOND FLOOR LOCATION NO OF BDRM NO OF BATH POORCH/DECK SF AREA SF UNIT 201 3 2 43 SF 1,061 SF UNIT 202 1 1 55 SF 539 SF UNIT 203 1 1 55 SF 539 SF UNIT 204 2 1 45 SF 795 SF UNIT 205 0 1 45 SF 415 SF UNIT 206 3 2 43 SF 1,061 SF TOTAL 10 8 252 SF 4,410 SF FLOOR AREA 4,715 SF COMMON AREA 305 SF THIRD FLOOR LOCATION NO OF BDRM NO OF BATH POORCH/DECK SF AREA SF UNIT 301 2 1 43 SF 940 SF UNIT 302 1 1 55 SF 539 SF UNIT 303 1 1 55 SF 539 SF UNIT 304 2 1 45 SF 795 SF UNIT 305 0 1 45 SF 415 SF UNIT 306 2 1 43 SF 940 SF TOTAL 8 6 252 SF 4,168 SF FLOOR AREA 5,013 SF COMMON AREA 845 SF BUILDING A NO OF UNIT PARKING STUDIO 3 3 SPACES ONE BEDROOM 6 7.5 SPACES TWO BEDROOMS 5 7.5 SPACES THREE BEDROOMS 4 6 SPACES TOTAL UNITS 18 24 SPACES BUILDING B FIRST FLOOR LOCATION NO OF BDRM NO OF BATH POORCH/DECK SF AREA SF UNIT 101 2 1 46 SF 655 SF UNIT 102 3 2 47 SF 933 SF UNIT 103 0 1 40 SF 367 SF UNIT 104 1 1 55 SF 539 SF RETAIL SF SF TOTAL 6 5 252 SF 2,494 SF FLOOR AREA 4,479 SF COMMON AREA 1,985 SF SECOND FLOOR LOCATION NO OF BDRM NO OF BATH POORCH/DECK SF AREA SF UNIT 201 2 1 46 SF 655 SF UNIT 202 1 1 55 SF 539 SF UNIT 203 1 1 55 SF 539 SF UNIT 204 3 1 47 SF 933 SF UNIT 205 0 1 55 SF 367 SF UNIT 206 3 2 55 SF 539 SF TOTAL 10 7 252 SF 3,572 SF FLOOR AREA 3,920 SF COMMON AREA 348 SF SECOND FLOOR LOCATION NO OF BDRM NO OF BATH POORCH/DECK SF AREA SF UNIT 301 2 1 46 SF 655 SF UNIT 302 1 1 55 SF 539 SF UNIT 303 1 1 55 SF 539 SF UNIT 304 3 1 47 SF 933 SF UNIT 305 0 1 55 SF 367 SF UNIT 306 3 2 55 SF 539 SF TOTAL 10 7 252 SF 3,572 SF FLOOR AREA 4,273 SF COMMON AREA 701 SF BUILDING B NO OF UNITS PARKING STUDIO 3 3 SPACES ONE BEDROOM 7 8.75 SPACES TWO BEDROOMS 3 4.5 SPACES THREE BEDROOMS 3 4.5 SPACES TOTAL PARKING 16 20.75 SPACES BUILDING C FIRST FLOOR LOCATION NO OF BDRM NO OF BATH POORCH/DECK SF AREA SF UNIT 101 2 1 46 SF 655 SF UNIT 102 0 1 40 SF 367 SF UNIT 103 2 1 55 SF 655 SF UNIT 104 1 1 55 SF 539 SF UNIT 105 0 1 40 SF 367 SF UNIT 106 3 2 47 SF 933 SF TOTAL 8 7 252 SF 3,516 SF FLOOR AREA 4,194 SF COMMON AREA 678 SF PORCH 40 SF SECOND FLOOR LOCATION NO OF BDRM NO OF BATH POORCH/DECK SF AREA SF UNIT 201 2 1 46 SF 655 SF UNIT 202 0 1 40 SF 367 SF UNIT 203 2 1 55 SF 655 SF UNIT 204 1 1 55 SF 539 SF UNIT 205 0 1 40 SF 367 SF UNIT 206 3 2 47 SF 933 SF TOTAL 8 7 252 SF 3,516 SF FLOOR AREA 3,936 SF COMMON AREA 420 SF THIRD FLOOR LOCATION NO OF BDRM NO OF BATH POORCH/DECK SF AREA SF UNIT 301 2 1 46 SF 655 SF UNIT 302 0 1 40 SF 367 SF UNIT 303 2 1 55 SF 655 SF UNIT 304 1 1 55 SF 539 SF UNIT 305 0 1 40 SF 367 SF UNIT 306 3 2 47 SF 933 SF TOTAL 8 7 252 SF 3,516 SF FLOOR AREA 4,194 SF COMMON AREA 678 SF BUILDING C STUDIO 6 6 SPACES ONE BEDROOM 3 3.75 SPACES TWO BEDROOMS 6 9 SPACES THREE BEDROOMS 3 4.5 SPACES TOTAL PARKING 18 23.25 SPACES BUILDING A 24 SPACES BUILDING B 20.75 SPACES BUILDING C 23.25 SPACES TOTAL PARKING 68 SPACES PARKING PROVIDED 68 SPACES PARKING AREA CALCULATIONS LOCATION STUDIO 1 BEDROOM 2 BEDROOM 3 BEDROOM BUILDING A 3654 BUILDING B 3733 BUILDING C 6363 NO OF UNITS 12 16 14 10 PARKING REQUIRED PER UNIT 12 20 21 15 STUDIOS 12 UNITS 23.1% 1 BEDROOMS 16 UNITS 30.8% 2 BEDROOMS 14 UNITS 26.9% 3 BEDROOMS 10 UNITS 19.2% TOTAL NUMBER OF UNITS 52 UNITS 100.0% TOTAL PARKING REQUIRED 68 SPACES TOTAL PARKING PROVIDED 68 SPACES BUILDING AREA CALCULATIONS BUILDING A COMMON AREA RESIDENTIAL TOTAL AREA SF 1ST FLOOR 710.00 4,410.00 5,120.00 SF 2nd FLOOR 305.00 4,410.00 4,715.00 SF 3rd FLOOR 845.00 4,168.00 5,013.00 SF TOTAL AREA 1,860.00 12,988.00 14,848.00 SF BUILDING B COMMON AREA RESIDENTIAL TOTAL AREA SF 1ST FLOOR 1,985.00 2,494.00 4,479.00 SF 2nd FLOOR 348.00 3,572.00 3,920.00 SF 3rd FLOOR 701.00 3,572.00 4,273.00 SF TOTAL AREA 3,034.00 9,638.00 12,672.00 SF RETAIL 1,283.00 SF BUILDING C COMMON AREA RESIDENTIAL TOTAL AREA SF 1ST FLOOR 678.00 3,516.00 4,194.00 SF 2nd FLOOR 421.00 3,515.00 3,936.00 SF 3rd FLOOR 678.00 3,516.00 4,194.00 SF TOTAL AREA 1,777.00 10,547.00 12,324.00 SF Preliminary Report Printed: 11.18.21 @ 11:56 AM OR----SPS1-21-45142130331 PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein Fidelity National Title Company of Oregon hereby reports that it is prepared to issue, or cause to be issued, as of the specified date, a policy or policies of title insurance describing the land and the estate or interest hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage of said policy or policies are set forth in Exhibit One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a/an Florida corporation. Please read the exceptions shown or referred to herein and the Exceptions and Exclusions set forth in Exhibit One of this report carefully. The Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This preliminary report is for the exclusive use of the parties to the contemplated transaction, and the Company does not have any liability to any third parties nor any liability until the full premium is paid and a policy is issued. Until all necessary documents are placed of record, the Company reserves the right to amend or supplement this preliminary report. Countersigned Preliminary Report Printed: 11.18.21 @ 11:56 AM OR----SPS1-21-45142130331 900 SW 5th Avenue,Portland, OR 97204 (503)222-2424 FAX (503)227-2274 PRELIMINARY REPORT ESCROW OFFICER:Paula Kingsley Paula.Kingsley@fnf.com 503-222-2424 TITLE OFFICER:Meg Clark Kilcoyne meg.clarkkilcoyne@fnf.com (503)796-6661 ORDER NO.:45142130331 TO:Fidelity National Title Company of Oregon 900 SW 5th Avenue Portland, OR 97204 ESCROW LICENSE NO.:901000243 OWNER/SELLER:City of Lake Oswego BUYER/BORROWER:Oregon Metro PROPERTY ADDRESS:16719 Boones Ferry Road,Lake Oswego, OR 97035 16731 Boones Ferry Road,Lake Oswego, OR 97035 16745 Boones Ferry Road,Lake Oswego, OR 97035 16759 Boones Ferry Road,Lake Oswego, OR 97035 5126 W. Sunset Drive,Lake Oswego, OR 97035 5110 W. Sunset Drive,Lake Oswego, OR 97035 EFFECTIVE DATE: November 12, 2021,08:00 AM 1. THE POLICY AND ENDORSEMENTS TO BE ISSUED AND THE RELATED CHARGES ARE: AMOUNT PREMIUM ALTA Owner's Policy 2006 $TBD $TBD Owner's Standard Government Lien Search $210.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: City of Lake Oswego, an Oregon municipal corporation 4.THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF LAKE OSWEGO,COUNTY OF CLACKAMAS, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Order No.: 45142130331 EXHIBIT "A" Legal Description Preliminary Report Printed: 11.18.21 @ 11:56 AM OR----SPS1-21-45142130331 PARCEL I: Part of Lot 180, BRYANT ACRES PLAT 3, in the City of Lake Oswego, County of Clackamas, and State of Oregon, described as follows: Beginning at the point of intersection of the East line of said Lot 180 with the South boundary of West Sunset Drive; thence South 0° 10' East 135 feet, more or less, along the East line of said lot to the Northeast corner of that certain tract of land reserved by the grantors in Deed to William J. Cooley and Milton M. Wolsborn, recorded June 20, 1950, in Deed Book 432, Page 500; thence South 89° 50' West 66 feet; thence North 0° 10' West 135 feet, more or less, to the South boundary of West Sunset Drive; thence East along said South boundary of West Sunset Drive, 66 feet to the place of beginning. PARCEL II: Part of Lot 181, BRYANT ACRES PLAT 3, in the City of Lake Oswego, County of Clackamas and State of Oregon, more particularly described as follows: Beginning at the Northwest corner of said Lot; thence South 89° 35' East, 288.9 feet to the most Easterly corner of said Lot; thence South 45° 08-1/2' West 252.55 feet; thence North 50° 55' West 160.42 feet to a point in the West line of Lot 181; thence North 0° 10' West 64.42 feet to the point of beginning. EXCEPTING THEREFROM that portion described in Warranty Deed to The City of Lake Oswego, Oregon, a municipal corporation, recorded January 21, 1993 as Fee No. 93004379. PARCEL III: Part of Lot 180, BRYANT ACRES PLAT 3, in the City of Lake Oswego, County of Clackamas and State of Oregon, described as follows: Beginning at the intersection of the West line of Lot 180 and the South line of W. Sunset Drive; thence South 89° 35' East along said South line 66 feet to the Northwest corner of that tract conveyed to Stephen S. Hazzard, et ux, by Deed recorded April 8, 1974, as Recorder's Fee No. 74 8577, Clackamas County Records; thence South 0° 10' East along the West line of said Hazzard Tract 137.59 feet to the Southwest corner thereof, said point also being the Northeast corner of that tract conveyed to Robert E. Reynolds, et ux, by Deed recorded July 8, 1974, as Recorder's Fee No. 74 18864, Clackamas County Records; thence South 89° 50' West along the North line of said Reynolds Tract 66 feet to the Northwest corner thereof, being a point on the West line of Lot 180; thence North 0° 10' West along said West line, 138.18 feet to the point of beginning. PARCEL IV: Part of Lot 180, BRYANT ACRES PLAT 3, in the City of Lake Oswego, County of Clackamas and State of Oregon, described as follows: Beginning at a point on the West line of said Lot 180 at the intersection with the Northwest boundary line of Boones Ferry Road; thence North and following the West line of said Lot 180, a distance of 209.15 feet to an iron pipe; thence North 89° 50' East 66.00 feet to an iron pipe; thence South 0° 10' East 150.81 feet to an iron pipe set in the Northwesterly line of Boones Ferry Road; thence South 48° 24' 30" West and following the Northwesterly line of Boones Ferry Road, 88.00 feet to the point of beginning. EXCEPTING THEREFROM that portion conveyed to the City of Lake Oswego, by deed recorded January 14, 1993, as Recorder's Fee No. 93-02628. Order No.: 45142130331 EXHIBIT "A" Legal Description Preliminary Report Printed: 11.18.21 @ 11:56 AM OR----SPS1-21-45142130331 PARCEL V: Part of Lot 180, BRYANT ACRES PLAT 3, in the City of Lake Oswego, County of Clackamas and State of Oregon, more particularly described as follows: Beginning at an iron pipe set in the point of intersection of the East line of Lot 180 with the Northwesterly boundary line of Lower Boones Ferry Road; thence North 0° 10' West 92.48 feet along the Easterly line of Lot 180 to an iron pipe; thence South 89° 50 West 66.00 feet to an iron pipe; thence South 0° 10' East, 150.81 feet to an iron pipe set in the said Northwesterly line of Lower Boones Ferry Road; thence North 48° 24' 30" East 88.00 feet to the point of beginning. EXCEPTING THEREFROM that portion conveyed to the City of Lake Oswego by Deed recorded November 24, 1992, as Document No. 92-75195. PARCEL VI: A tract of land situated in the most Southerly part of Lot 181, BRYANT ACRES PLAT 3, in the City of Lake Oswego, County of Clackamas and State of Oregon, more particularly described as follows, to wit: Beginning at an iron pipe set in the most Southerly corner of said Lot 181, said corner being in the center of Lower Boones Ferry Road in said Plat 3, from said beginning point; thence North 0° 10' West, 219.98 feet along the Westerly boundary line of said lot to an iron pipe; thence South 50° 55' East, 160.42 feet to an iron pipe set in the Southeasterly boundary line of said lot, last said boundary line being the said center line of Lower Boones Ferry Road; thence South 45° 08' 30" West 117.65 feet along the said Southeasterly boundary line to an iron pipe set in the angle of said line; thence South 48° 24' 30" West, 53.30 feet to the point of beginning. EXCEPT that portion of property deeded by the State of Oregon to Steven R. Hambleton and Bonnie L. Hambleton, Recording Certificate No. 93-02191, and subsequently recorded in favor of the City of Lake Oswego by Deed recorded January 12, 1993, as Document No. 93-02192. Order No.: 45142130331 Preliminary Report Printed: 11.18.21 @ 11:56 AM OR----SPS1-21-45142130331 AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: GENERAL EXCEPTIONS: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests or claims, which are not shown by the Public Records but which could be ascertained by an inspection of the Land or which may be asserted by persons in possession thereof. 3.Easements, or claims thereof, which are not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4.Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 5.Any lien, or right to a lien, for services, labor, material or equipment rental, or for contributions due to the State of Oregon for unemployment compensation or worker's compensation, heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIFIC ITEMS AND EXCEPTIONS: 6.Unpaid Property Taxes are as follows: Fiscal Year: 2021-2022 Amount: $1,511.16, plus interest, if any Levy Code: 007-095 Account No.: 00235212 Map No.: 21E07DC07300 Affects: Parcel I Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. 7.Unpaid Property Taxes are as follows: Fiscal Year: 2021-2022 Amount: $1,836.69, plus interest, if any Levy Code: 007-095 Account No.: 00235203 Map No.: 21E07DC07200 Affects: Parcel II Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. Order No.: 45142130331 Preliminary Report Printed: 11.18.21 @ 11:56 AM OR----SPS1-21-45142130331 8.Unpaid Property Taxes are as follows: Fiscal Year: 2021-2022 Amount: $1,475.46, plus interest, if any Levy Code: 007-095 Account No.: 00235221 Map No.: 21E07DC07400 Affects: Parcel III Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. 9.Unpaid Property Taxes are as follows: Fiscal Year: 2021-2022 Amount: $2,651.81, plus interest, if any Levy Code: 007-095 Account No.: 00235409 Map No.: 21E07DC09000 Affects: Parcel IV Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. 10.Unpaid Property Taxes are as follows: Fiscal Year: 2021-2022 Amount: $1,992.69, plus interest, if any Levy Code: 007-095 Account No.: 00235418 Map No.: 21E07DC09100 Affects: Parcel V Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. 11.Unpaid Property Taxes are as follows: Fiscal Year: 2021-2022 Amount: $2,102.31, plus interest, if any Levy Code: 007-095 Account No.: 00235427 Map No.: 21E07DC-09200 Affects: Parcel VI Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. 12.City Liens, if any, in favor of the City of Lake Oswego. None found as of November 18, 2021. Order No.: 45142130331 Preliminary Report Printed: 11.18.21 @ 11:56 AM OR----SPS1-21-45142130331 13.Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: February 10, 1922 Recording No: Book 167, Page 44 Amendment(s)/Modification(s) of said covenants, conditions and restrictions Recording Date: February 11, 1957 Recording No: Book 521, Page 703 14.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Lake Oswego, Oregon, a municipal corporation Purpose: Slopes, power and telephone facilities Recording Date: November 24, 1992 Recording No: 92-075195 Affects: Parcel V 15.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Lake Oswego, Oregon, a municipal corporation Purpose: Slopes, power and telephone facilities and illumination facilities Recording Date: January 12, 1993 Recording No: 93-002192 Affects: Parcel VI 16.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Lake Oswego, Oregon, a municipal corporation Purpose: Construct and maintain slopes, power and telephone facilities Recording Date: January 14, 1993 Recording No: 93-002628 Affects: Parcel IV 17.Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 18.NOTE: The following are required when a principal to the proposed transaction is an instrumentality of the state, such as a municipality, a county or other governmental body: • Certification, with supporting documentation, that the board or other governing authority of the governmental body has approved the transaction in accordance with applicable practices, procedures, rules, ordinances and statutes. • Certification that a named person or persons, identified by name and position, are authorized to act on behalf of the governmental body in the proposed transaction. • Verification of the current legal name and good standing of the governmental body when it is a local governmental body other than a city or county. 19.We find no Notice of Completion recorded on said Land. Order No.: 45142130331 Preliminary Report Printed: 11.18.21 @ 11:56 AM OR----SPS1-21-45142130331 20.Existing leases and tenancies, if any, and any interests that may appear upon examination of such leases. 21.If requested to issue an extended coverage ALTA loan policy, the following matters must be addressed: a) The rights of tenants holding under unrecorded leases or tenancies b) Matters disclosed by a statement as to parties in possession and as to any construction, alterations or repairs to the Land within the last 75 days. The Company must be notified in the event that any funds are to be used for construction, alterations or repairs. c) Any facts which would be disclosed by an accurate survey of the Land ADDITIONAL REQUIREMENTS/NOTES: A.In addition to the standard policy exceptions, the exceptions enumerated above shall appear on the final 2006 ALTA Policy unless removed prior to issuance. B.Note: No utility search has been made or will be made for water, sewer or storm drainage charges unless the City/Service District claims them as liens (i.e. foreclosable) and reflects them on its lien docket as of the date of closing. Buyers should check with the appropriate city bureau or water service district and obtain a billing cutoff. Such charges must be adjusted outside of escrow. WARNING REGARDING DEED OR CONTRACT TO TAX-EXEMPT GOVERNMENTAL TRANSFEREE. Oregon law prohibits the county recording officer from recording a deed or contract to a tax-exempt governmental transferee, unless the deed or contract is accompanied by a certificate of payment of ad valorem county taxes. The certificate must be attested by the county assessor using a form prescribed by the Oregon Department of Revenue. Failure to allow adequate time for obtaining a certificate of payment may delay recording. This requirement is contained in Chapter 96, Oregon Laws 2015, effective Oct. 5, 2015. C.Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. D.Note: There are no matters against the party(ies) shown below which would appear as exceptions to coverage in a title insurance product: Parties: Oregon Metro E.Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. F.Note: Effective January 1, 2008, Oregon law (ORS 314.258) mandates withholding of Oregon income taxes from sellers who do not continue to be Oregon residents or qualify for an exemption. Please contact your Escrow Closer for further information. G.THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, PLEASE CONTACT THE ESCROW AGENT. H.Note: This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances or acreage shown thereon. Order No.: 45142130331 Preliminary Report Printed: 11.18.21 @ 11:56 AM OR----SPS1-21-45142130331 I.Recording Charge (Per Document) is the following: County First Page Each Additional Page Clackamas $93.00 $5.00 Note: When possible the company will record electronically. An additional charge of $5.00 applies to each document which is recorded electronically. Note: Please send any documents for recording to the following address: Portland Title Group Attn: Recorder 1433 SW 6th Ave. Portland, OR 97201 J.NOTE: IMPORTANT INFORMATION REGARDING PROPERTY TAX PAYMENTS Fiscal Year: July 1st through June 30th Taxes become a lien on real property, but are not yet payable: July 1st Taxes become certified and payable (approximately on this date): October 15th First one third payment of taxes is due: November 15th Second one third payment of taxes is due: February 15th Final payment of taxes is due: May 15th Discounts: If two thirds are paid by November 15th, a 2% discount will apply. If the full amount of the taxes are paid by November 15th, a 3% discount will apply. Interest: Interest accrues as of the 15th of each month based on any amount that is unpaid by the due date. No interest is charged if the minimum amount is paid according to the above mentioned payment schedule. Preliminary Report (Exhibit One)Printed: 11.18.21 @ 11:56 AM OR----SPS1-21-45142130331 EXHIBIT ONE 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with the applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in the Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage. SCHEDULE B - GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 5. Any lien for services, labor or material heretofore or hereafter furnished, or for contributions due to the State of Oregon for unemployment compensation or worker's compensation, imposed by law and not shown by the Public Records. 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in the Covered Risk 9 of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage. SCHEDULE B - GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 5. Any lien for services, labor or material heretofore or hereafter furnished, or for contributions due to the State of Oregon for unemployment compensation or worker's compensation, imposed by law and not shown by the Public Records. Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 45142130331-PK - WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved WIRE FRAUD ALERT This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation:Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov Privacy Statement Printed: 11.18.21 @ 11:56 AM by AJ ORD1047.doc OR-FT-FPYM-01520.472001-45142130331 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective January 1, 2021 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. 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Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Privacy Statement Printed: 11.18.21 @ 11:56 AM by AJ ORD1047.doc OR-FT-FPYM-01520.472001-45142130331 Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: To provide products and services to you or in connection with a transaction involving you. To improve our products and services. To communicate with you about our, our affiliates', and others' products and services, jointly or independently. 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By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. Privacy Statement Printed: 11.18.21 @ 11:56 AM by AJ ORD1047.doc OR-FT-FPYM-01520.472001-45142130331 For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. 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The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. 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Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF's Opt Out Page or contact us by phone at (888) 934-3354 or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Resolution 22-42, Authorizing the Mayor to Execute a City Attorney Employment Agreement Meeting Date: December 20, 2022 Report Date: December 7, 2022 Staff Member: Megan Phelan, Assistant City Manager Department: City Manager’s Office Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded ☒Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction ☒Consent Agenda Staff Recommendation: Approve Resolution 22-42 Recommended Language for Motion: Move to approve Resolution 22-42 authorizing the Mayor to execute a City Attorney employment agreement Project / Issue Relates To: Issue before Council (Highlight Policy Question): ☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable ISSUE BEFORE COUNCIL BACKGROUND After a recruitment process, the involving stakeholders and staff, the City Council has identified Ellen Osoinach as the successful candidate for the position of City Attorney. The parties have reached agreement on an employment contract, attached as Exhibit 1 of Resolution 22-42. 6.8 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY RECOMMENDATION Approve Resolution 22-42 authorizing the Mayor to execute a City Attorney employment agreement. ATTACHMENTS 1. Resolution 22-42 with Exhibit 1 RESOLUTION 22-42 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A CITY ATTORNEY EMPLOYMENT AGREEMENT. WHEREAS, the City Council has conducted an extensive and thorough recruitment for the position of City Attorney; and WHEREAS, the City Council has identified a candidate with the experience, skills and personal qualities to provide superior service as City Attorney; NOW THEREFORE, BE IT RESOLVED, that: Section 1. The Mayor is authorized to execute an Employment Agreement, substantially in the form attached as Exhibit 1, hiring Ellen Osoinach to serve as City Attorney for the City of Lake Oswego, with the term of office to begin on January 23, 2023; Section 2. This resolution shall take effect upon passage. Approved and adopted by the City Council of the City of Lake Oswego at a regular meeting held on the 20th day of December, 2022. AYES: NOES: ABSTAIN: EXCUSED: __________________________ Joseph M. Buck, Mayor ATTEST: ___________________________ Kari Linder, City Recorder APPROVED AS TO FORM: _________________________ Evan Boone, City Attorney Pro Tem ATTACHMENT 1 Page 1 – City Attorney Employment Agreement CITY ATTORNEY EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (“AGREEMENT”) is made and entered into this 20th day of December, 2022 by and between the City of Lake Oswego, Oregon (“City”), and Ellen Osoinach (“Employee”). Recitals WHEREAS, the City desires to employ Employee as City Attorney of the City of Lake Oswego; and WHEREAS, Employee desires to accept the position of City Attorney of the City of Lake Oswego. Agreement NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. Employment A. General. Employee is hereby employed by the City as City Attorney of the City of Lake Oswego, Oregon. Employee accepts this position on the terms and conditions set forth below. B. Effective Date. The effective date for commencement of employment is January 23, 2023. 2. Duties Employee shall perform the functions and duties specified for the position of City Attorney by the City Charter and Code of the City of Lake Oswego, and by any other applicable ordinances, resolutions, or policies of the City, together and with such other duties as may be lawfully assigned by the City Council. Employee shall at all times loyally and conscientiously perform all the duties and obligations required of them, either expressly or implicitly, by the terms of this AGREEMENT. Employee shall devote full time to this position and responsibilities, and shall not accept any additional employment without advance approval by the City Council in its sole discretion. 3. Term of Employment Employee’s employment shall commence on the date set forth in paragraph 1.B. of this AGREEMENT. Employee shall remain in the exclusive employ of the City thereafter subject to termination of the employment by either party as provided below. 4. Salary Employee shall be paid a salary in installments at the same time as other employees are paid. Starting annual salary is $176,411.52, which is Step 5 of the salary range. Any additional EXHIBIT 1 Page 2 – City Attorney Employment Agreement step increases, cost of living adjustments, salary range adjustments, and changes to benefits are subject to City Council approval. 5. Retirement Plan City agrees to contribute to the Public Employees Retirement System the same percentage of Employee’s base salary as provided to other similarly situated management employees. City also agrees to match, dollar for dollar, Employee’s contribution of up to 5% of the Employee’s salary annually to any deferred compensation 457 program that now or hereafter is offered by the City to its management employees. The City’s contribution shall further be limited to an amount that, when combined with Employee’s contribution, shall not exceed the maximum allowed annual contribution to the 457 program (currently $20,500), excluding the maximum contribution allowed pursuant to any catch-up provision. 6. Life and Disability Insurance City shall provide Employee with term life insurance in the amount of $160,000. City shall also provide Employee with long term disability insurance equal to that provided for other City management employees. 7. Health and Dental Insurance City shall provide Employee with group health and dental insurance equal to that provided by City for other management employees, beginning on the first day of the month following the commencement of employment. Employee shall pay monthly health and dental insurance contributions equal to that required of other management employees. 8. Voluntary Employee’s Beneficiary Association (VEBA) City shall provide Employee with a $50.00 per month contribution into a Voluntary Employees’ Beneficiary Association (VEBA) program. 9. Vacation, Holidays, and Sick Leave A. Vacation and Holidays. Employee shall accrue vacation at the rate of 4.2 weeks per year (14.33 hours per month). Employee may accrue vacation up to a total of 500 hours. When Employee exceeds the maximum allowable vacation amount, the City on a monthly basis, shall contribute the value of the excess vacation into the employee’s VEBA account. In addition, immediately upon commencement of employment, Employee shall be credited with a starting bank of 40 hours of vacation. Effective January 1, 2023, Employee shall be credited with management leave of 16 hours (prorated from the annual total of 32 hours). Effective July 1, 2023, Employee shall be credited with 32 hours (current amount) of management leave, and annually thereafter, in the same manner as provided to other management employees. Employee shall also be provided the same holidays provided to other management employees. Employee shall be paid out all accrued unused vacation at the termination of Employee’s employment. Page 3 – City Attorney Employment Agreement B. Sick Leave Employee shall be entitled to sick leave at the rate of accrual and conditions as provided generally for other management employees (currently eight hours per month). Employee may accrue sick leave up to a total of 1,200 hours. In addition, immediately upon commencement of employment, Employee shall be credited with a starting bank of 20 hours of sick leave. There shall be no compensation for unused sick leave at the termination of Employee’s employment. 10. Cell Phone Allowance Employee shall be entitled to a monthly cell phone allowance at the same rate and conditions as provided generally for other management employees. 11. Dues and Professional Development City agrees to pay for the professional dues and participation of Employee in national, regional, state and local associations and organizations reasonably necessary and desirable for Employee’s continued professional growth and development and for the good of the City, subject to City Council budget decisions. 12. Performance Evaluation and Feedback Employee will seek frequent informal feedback on performance from the Mayor and individual City Council members. A more formal performance review will be conducted by the City Council as a body in December of each year, and at any other time that the City Council, in its sole discretion, desires to conduct a review. 13. Termination of Employment A. Termination Basis (i) At Will Employment It is expressly understood and agreed between the parties that Employee serves as an at-will employee of the City. Either Employee or the City Council may terminate the Employee’s employment relationship with the City at any time with or without cause, and except as provided below, no severance is to be paid. (ii) For Cause Termination The City Council may terminate the services of the Employee for cause, which are the events listed in Subsection C below. B. Notice and Severance Pay Subject to the requirements and limitations set forth below, in the event that the City terminates Employee’s employment without cause while Employee is still willing and able to perform Employee’s duties, Employee shall be entitled to: (i) Not less than sixty days’ prior notice of such termination; Page 4 – City Attorney Employment Agreement (ii) A severance payment equal to six (6) months of salary, plus an additional amount equaling the total the City contributed to Employee’s deferred compensation under the City 457 program pursuant to paragraph 5 of this AGREEMENT during the six months preceding the date of the notice of termination (subject to the maximum allowed annual contribution limit that would have applied if the additional severance amount had been contributed to the 457 program and if Employee had matched that additional contribution); and (iii) In addition, as available through Consolidated Omnibus Reconciliation Act (COBRA) election, Employee shall have full health, dental, and vision insurance benefits in effect on the date of termination paid by City for a period of six months following the date of termination or until re-employment in a position that provides the same or better insurance benefits, whichever is earlier. In order to receive this extension of insurance benefits, Employee must exercise COBRA rights. Employee shall have the obligation to promptly notify Human Resources in writing (via email) if reemployment with insurance benefits has occurred and to otherwise cooperate in responding to inquiries regarding the level of benefits provided through such reemployment. (iv) As a condition to receiving the benefits described in paragraphs (i)-(iii) above, including severance payment and extension of benefits and prior to the delivery of such payment and benefits, Employee agrees to execute and deliver to City a release of claims drafted by the City, releasing the City and its agents, representatives and insurers from any and all claims that Employee may have against City. The severance payment, and extension of benefits as described, shall release the City from any further obligations under this AGREEMENT, and any claims of any nature that Employee might have against the City by virtue of their employment or termination thereof. The City reserves the right to pay Employee’s regular wages and benefits in lieu of all or any portion of the sixty days’ notice period referenced in B.(i) above. C. Exceptions to Notice and Severance Pay Requirements Employee shall not be entitled to prior notice of termination, or a severance payment and extended benefits listed in 12.B.(i)-(iii), in any of the following events: (i) Employee is terminated for cause, which shall mean willful misconduct, willful failure to carry out or abide by the lawful directions or decisions of the City Council, dishonesty or gross malfeasance. (ii) Employee commits a serious violation of City personnel policy/policies or standards of conduct that the City Council determines justifies termination. (iii) Employee is convicted of any crime. (iv) Employee resigns or retires from their employment with the City. (iv) Employee becomes physically or mentally unable to perform the essential duties of the City Attorney with reasonable accommodation as required by law. D. Resignation or Retirement Page 5 – City Attorney Employment Agreement Employee shall provide City not less than 30 calendar days’ advance notice of termination of their employment by resignation or retirement. 14. Use and Return of City Property Employee recognizes and agrees that all property provided by the City to the Employee shall be and remain the property of the City. Employee will preserve, use, and hold City property only for the benefit of the City and to carry out the City’s business. When Employee’s employment is terminated, Employee will immediately deliver to City all City property, including all originals and copies of records, Employee has in Employee’s possession or control. 15. Arbitration The parties agree that any issue which has not been released pursuant to Section 14.B.ii above arising from Employee’s employment, employment termination or whether a party has breached this AGREEMENT that cannot be resolved informally, shall be submitted to confidential, binding arbitration in Lake Oswego, Oregon. The arbitration shall be conducted in confidence and pursuant to the then current rules of the American Arbitration Association for employment disputes, unless the parties agree to some other arbitration procedure. Except as otherwise required by law, the parties shall share equally the arbitrator’s fees, and each party shall be responsible for its own attorney’s fees and related costs at arbitration or in any litigation or court action relating to the arbitration. ORS 36.620(6) Acknowledgment: I acknowledge that I have received and read or have had the opportunity to read this arbitration agreement. I understand that this arbitration agreement requires that disputes that involve the matters subject to the agreement be submitted to mediation or arbitration pursuant to the arbitration agreement rather than to a judge and jury in court. s/Ellen Osoinach December 13, 2022 ELLEN OSOINACH Date: 16. Personnel Policies The terms and provisions of the City’s Personnel Policies shall apply to Employee, as now adopted or hereafter amended, except to the extent provided otherwise in this AGREEMENT. 17. Modification or Amendment No amendment, change, or modification of this AGREEMENT shall be valid, unless in writing and signed by both parties. 18. Entire Agreement This AGREEMENT constitutes the entire agreement between the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiation of Page 6 – City Attorney Employment Agreement previous agreements between the parties with respect to all or any part of the subject matter hereof. 19. Waiver Failure of either party at any time to require performance of any provisions of this AGREEMENT shall not limit the parties’ right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision itself or of any other provision. 20. Severability If any provision, or any portion thereof, contained in this AGREEMENT is held to be unenforceable, the remainder of this AGREEMENT or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. CITY OF LAKE OSWEGO, OREGON BY:________________________________ ___________________________________ Joseph M. Buck, Mayor Date Authorized by the City Council on: December 20, 2022 ___________________________________December 13, 2022___ ELLEN OSOINACH Date 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Resolution 22-43, Citywide Naming Policy Related to City Areas and Facilities Meeting Date: December 20, 2022 Report Date: December 12, 2022 Staff Member: Jerry Gabrielatos & Madison Thesing Department: City Manager’s Office Action Required Advisory Board/Commission Recommendation ☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded ☒Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction ☒Consent Agenda Staff Recommendation: Adopt Resolution 22-43. Recommended Language for Motion: Move to adopt Resolution 22-43. Project / Issue Relates To: Expanded Naming Policy for City areas and facilities to honor individuals in public spaces. Issue before Council (Highlight Policy Question): ☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable BACKGROUND During the December 6, 2022 City Council meeting, staff presented and received Council direction on establishing a citywide Naming Policy for City areas and facilities. A citywide policy (rather than department-specific policies) provides a systematic and consistent approach, utilizing public participation, for the naming of City areas and facilities. DISCUSSION Naming Policy Based on the feedback received from Council the following amendments to the drafted Naming Policy have been incorporated: •Naming areas or facilities in honor of people shall continue. 6.9 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY • To honor individuals from the public, individuals must be deceased for at least three years. • To honor City staff, individual must have died in the line of duty or preformed an act of exceptional service to the Lake Oswego community. • Naming rights for an area or facility, either by a direct sale of naming rights or when approached by a donor about (re)naming an area or facility, shall be managed on a per project basis. Public Art Guidelines City staff will be working with the Arts Council of Lake Oswego to review and amend the Public Arts Guidelines, section 5.13, to provide City Council approval in additional phases for projects within the “Percent for Art” program. ATTACHMENTS 1. Resolution 22-43 – Adoption of City-wide Naming Policy Related to City Areas and Facilities (with Exhibit A) Resolution 22-43 Page 1 of 1 RESOLUTION 22-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ADOPTING A CITY-WIDE NAMING POLICY RELATED TO CITY AREAS AND FACILITIES. WHEREAS, the City of Lake Oswego has an adopted Parks and Recreation Naming Policy for naming parks and recreation facilities with participation from the Parks, Recreation, and Natural Resources Advisory Board; and WHEREAS, recognizing that the City may choose to name other City-owned areas and facilities beyond Parks and Recreation areas and facilities, the naming policy expands to include City areas and facilities; and WHEREAS, Resolution 22-43 expands on the current process for Parks and Recreation facilities and developing it into a City-wide policy; and WHEREAS, the expanded policy provides a systematic and consistent approach, utilizing public participation, for the naming of City areas and facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The City-wide Naming Policy Related to City Areas and Facilities, attached as Exhibit A, is adopted. Section 2. Effective Date. This Resolution shall take effect upon passage. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 20th day of December, 2022. AYES: NOES: EXCUSED: ABSTAIN: ___________________________________ Joseph M. Buck, Mayor ATTEST: ___________________________________ Kari Linder, City Recorder APPROVED AS TO FORM: ________________________________ Evan Boone, City Attorney Pro Tem ATTACHMENT 1 503-675-3984 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY •Ensuring that City areas and facilities, are easily identifiable. •Ensuring that given names to City areas and facilities are acceptable to the community. •Encouraging the dedication of lands, facilities, or donations by individuals and/or groups. GENERAL GUIDELINES The following general guidelines should be pursued for the naming of City areas and facilities: 1.Facilities should be named within six months after the City has acquired title to the land and/ or structure. 2.A request for the naming of a City area or facility can be submitted to the City Council. Should the Council seek advice on the proposal of the item be (re)named, it will be referred to the appropriate Board or Commission, in writing, with a brief statement describing why the request is being advanced. Requests may be initiated by community members or groups, recognized Neighborhood Associations, Advisory Boards, City Commissions or Committees, City Staff or City Council. 3.The designated Board or Commission, as assigned by Council, may solicit input from community groups and the public. 4.If suggestions have been received by the Board or Commission, the Board or Commission will forward the suggestions and its recommendation to the City Council. The City Council may accept the recommendation of the Board or Commission, or may select an alternative name for the City area or facility. 5.In unusual or exceptional circumstance, as deemed by the Council in its sole discretion, the City Council may deviate from this policy. 6.The following will be considered when naming City areas and facilities. a.Places and Feature Names EXHIBIT A City-wide Naming Policy Related to City Areas and Facilities PURPOSE This policy is to establish a systematic and consistent approach, utilizing public participation, for the naming of City areas (including subareas), facilities, infrastructure, equipment, public art, buildings and rooms (“City areas and facilities”). OBJECTIVES The objectives of this policy include: Page 2 of 2 i. Recognizable area, neighborhood or major street ii. Assumed Name iii. Use only if the area has been known by this name for an extensive period of time iv. Horticultural v. If the particular subject enhances the area vi. Natural Phenomena vii. Combination of the above b. Historical Event Names i. Can be of local, regional, or national significance. c. Person or Persons Names i. Deceased. No submission of a (re)naming request may be made to Council until the person has been deceased for at least three years. 1. Civic Leader 2. Historic group or person 3. Civilian state and national heroes ii. An asset may be named after a member of the city staff only if the person dies while on duty or preformed an act of exceptional service to the Lake Oswego community d. Groups i. Religious, veteran, fraternal and civic groups that have donated the land, money, or equipment for the City area or facility shall be eligible for area dedications. e. Discouraged Practices i. Names that are overrepresented ii. Names that are derogatory or discriminatory against protected classes, political affiliations or similar categories iii. Duplicate or overly similar names to existing facilities. f. Naming City Assets for Donations and City Sponsorships. i. Should be considered with consultation with the City Manager on a per project basis, with input from a board or commission or similar body. Details related to any agreement should be included in a separate contractual agreement approved by City Council. 7. Plaques or other appropriate types of markers may be used when a City area or facility is dedicated. Responsibility/Contacts: Director Parks & Recreation, Deputy Directors, Administrative Assistant, City Manager, City Council 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Resolution 22-46, Amending Exhibit A of Resolution 22-27, Approving Garbage and Recycling Collection Service Rates Meeting Date: December 20, 2022 Report Date: December 13, 2022 Staff Member: Amanda Watson, Sustainability Program Manager Department: City Manager’s Office Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded ☒Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction ☒Consent Agenda Staff Recommendation: Adopt Resolution 22-46. Recommended Language for Motion: Move to adopt Resolution 22-46. Project / Issue Relates To: Solid Waste Franchise; Sustainability Issue before Council (Highlight Policy Question): ☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable ISSUE BEFORE COUNCIL Shall Resolution 22-27, Exhibit A be amended to add to the new garbage and recycling collection service rates effective January 1, 2023, an inadvertent omission regarding industrial service drop box rental rates? 6.10 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY BACKGROUND Garbage and recycling collection services in Lake Oswego are provided by Republic Services, operating under a 10-year exclusive franchise with the City of Lake Oswego (Ordinance No. 2901). As part of the City’s regulation of solid waste collection, City Council is responsible for ensuring that rates are just and reasonable and adequate to provide necessary public service. The process by which the City establishes and modifies appropriate service rates to be charged by Republic Services is detailed in Section 8 of the franchise agreement. The services provided by Republic Services for which City Council establishes rates are residential, commercial, and industrial collection of garbage, recycling, and organics (food scraps and yard debris), as well as drop box service and on-call and extra container pick-ups. Rates for each customer type vary based on the level of service—the size of the roll cart or container and the frequency of pickup. Republic Services submitted a rate increase request to City Council on August 5, 2022. The City contracted with Chris Bell of Bell & Associates, Inc., a consulting firm with expertise in solid waste collection operations, to review the submitted request and financial reports and provide recommendations to the City on options for rate adjustment. At the October 18, 2022 Council Meeting, staff presented the findings of Bell & Associates’ rate review and options and recommendations for City Council to adjust rates effective January 1, 2023. City Council directed staff to return with a resolution approving the proposed rate adjustment options: • Increase residential rates by 5.27%, maintaining the current rate structure. • Bundle commercial food waste collection into commercial rates, and increase commercial rates by 5.17%. • Set rates for drop box and roll off compactor service at the cost of service. Additionally, the City Council decided to include in the Resolution continuation of the 50% discount on solid waste collection services for Lake Oswego School District facilities that was included in the 2012 franchise agreement (Ordinance 2600) and include extension of the discount to other schools providing education to students in grades 1 - 12. At the November 15, 2022 City Council meeting, Council adopted Resolution 22-27, approving new solid waste collection rates (Exhibit A), effective January 1, 2023. DISCUSSION After the adoption of Resolution 22-27, it was brought to staff’s attention that the new rate sheet (Exhibit A) did not include rates for daily and monthly drop box rental services provided by Republic Services. Resolution 22-46 amends Exhibit A of Resolution 22-27 to include those two rates that were inadvertently omitted from the industrial service rates. The increase to Page 3 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY those rates follows the same rate increase analysis as the other rates as stated in Resolution 22-27 (a cost of service increase). RECOMMENDATION Staff recommends that the City Council approve Resolution 22-46. ATTACHMENTS 1. Exhibit A (rate sheet) showing redlined amendments. 2. Resolution 22-46. City of Lake Oswego Republic Services Rate Schedule for Garbage, Recycling, Yard Debris, and Organics Collection Effective January 1, 2023 RESIDENTIAL SERVICE RATES Residential Roll Cart Rate 20 gallon $26.84 35 gallon $36.17 60 gallon $53.76 90 gallon $56.33 Up the Drive Rate - 20 gallon & 35 gallon cart add'l $1.14 for every 50 feet $4.56 Up the Drive Rate - 60 gallon & 90 gallon carts add'l $1.14 for every 50 feet $6.10 Mountain Park Roll Cart – Trash and Recycling Only, Home Owners Association (HOA) manages Yard Debris in the area. 20 gallon $23.95 35 gallon $33.28 60 gallon $50.88 90 gallon $53.44 Misc. Charges and Limited Services 35 gallon cart – monthly service $21.45 Recycling only (weekly with 60 gal. cart and bin) $5.79 On Call (trash only) *Must service at least once every 2 months $13.71 Extra Can/Bag/Box (CBB) $7.97 Yard Debris Only Service (96 gallon roll cart) $16.18 Yard Debris Extra Can/Bag/Box (CBB YD) $5.90 Contaminated Cart (Recycling) $14.95 Return Trip Fee (RTN) same day $20.07 Return Trip Fee (CAL) off service day $31.89 Gate Opening/Roll Out Container (monthly), per enclosure $18.09 Lost or Damaged Cart (Garbage, Yard Debris, Recycling) $73.49 Lost or Damaged Recycling Bin $12.43 Cart Redelivery Fee $33.68 ATTACHMENT 1 City of Lake Oswego Republic Services Rate Schedule 2 Switch/Wash Out Cart (second) *1 free per year $33.91 Reinstatement Fee $33.68 Bulky Waste Pick Up (Furniture, Appliances, Tires, Mattresses, etc.) Fee based on yardage and special handling needs. Minimum Fee: $31.48 + per yard rate Additional charge for appliances with freon (applies to refrigerators, freezers, air conditioners): $39.71 COMMERCIAL SERVICE RATES Commercial Roll Cart Rate 35 gallon $31.67 60 gallon $45.90 90 gallon $48.65 Commercial Front Load Container1 Weekly Collection Frequency (# Collections Per Week) Container Size 1 2 3 4 5 6 1 yard 2 $157.30 $277.08 $409.12 $541.28 $673.42 $805.58 multiple $125.84 $221.66 $327.30 $433.02 $538.74 $644.46 1.33 yard2 $175.45 $336.34 $494.48 $661.15 $797.64 $934.92 multiple $140.36 $269.07 $395.59 $528.92 $638.11 $747.94 1.5 yard $197.05 $380.74 $564.41 $748.12 $931.82 $1,115.57 multiple $157.64 $304.59 $451.53 $598.50 $745.46 $892.45 2 yard $247.83 $482.27 $716.71 $951.18 $1,185.65 $1,420.09 multiple $198.26 $385.81 $573.37 $760.94 $948.52 $1,136.07 3 yard $331.94 $642.40 $952.86 $1,263.32 $1,573.80 $1,884.25 multiple $282.15 $546.04 $809.93 $1,073.82 $1,337.73 $1,601.61 4 yard $419.84 $818.19 $1,216.53 $1,614.19 $2,013.26 $2,411.60 multiple $356.86 $695.46 $1,034.05 $1,372.06 $1,711.27 $2,049.86 6 yard $575.32 $1,055.77 $1,678.68 $2,089.69 $2,781.66 $3,123.66 multiple $517.78 $950.19 $1,510.82 $1,880.72 $2,503.50 $2,811.29 8 yard $698.24 $1,372.91 $2,047.62 $2,722.32 $3,397.04 $4,071.74 multiple $628.42 $1,235.62 $1,842.86 $2,450.09 $3,057.33 $3,664.57 1 Compacted containers charged at 2.2x the loose rate. 2 As of September 1, 2015, 1-yard and 1.33-yard front load containers have not been available to new customers. Current customers with these containers will be allowed to continue service with them at the approved rates. City of Lake Oswego Republic Services Rate Schedule 3 Misc. Charges and Limited Services Rate Return Trip Fee same day/cart only (RTN) 33% of monthly rate Return Trip Fee off service day/cart only (CAL) $31.83 Extra Yardage (EXY) per yard $33.11 Lock $28.23 INDUSTRIAL SERVICE RATES Drop Box / Roll Off Compactor Rate 10 yard drop box $174.00 20 yard drop box $174.00 30 yard drop box $174.00 40 yard drop box $174.00 Drop Box Delivery $72.00 Relocate Drop Box $96.00 Dry Run $115.00 Compactor Rate $239.00 Misc. Charges and Limited Services Fee for less than 4 hauls per month $25.00 Round tripped custom/lidded box (per haul) $35.00 Drop box rental Per day, after 48 hours Per month $9.61 $95.20 Custom/lidded box rental (per month) $12.00 Multifamily Recycling Services for Drop Box or Compactor Customers Number of Units Rate per Unit 5-199 $3.02 200-299 $2.55 300-299 $2.31 399+ $2.23 Resolution 22-46 Page 1 of 2 RESOLUTION 22-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING EXHIBIT A OF RESOLUTION 22-27, CORRECTING AN INADVERTENT OMISSION, PERTAINING TO SOLID WASTE COLLECTION SERVICE RATES. WHEREAS, Ordinance 2901 grants Rossman Sanitary Services Inc., doing business as Allied Waste of Lake Oswego (“Franchisee”), an exclusive franchise for solid waste collection services within the City limits, and reserves to City Council the right to establish and modify service rates charged by the Franchisee; and WHEREAS, the Franchisee submitted a rate increase request to City Council on August 5, 2022; and WHEREAS, upon reviewing the report of the City’s contracted rate consultant and careful consideration of the interests of the public and the Franchisee, the City Council directed staff to return with a resolution to authorize a rate adjustment for the Franchisee making the following rate adjustments: 1.Increase residential collection rates by 5.27%; 2.Bundle commercial food waste collection into commercial rates, and increase commercial collection rates by 5.17%; 3.Set rates for drop box and roll off compactor service at the cost of service; 4.Continue the 50% discount on collection service rates for Lake Oswego School District facilities, and extend the discount to other schools in Lake Oswego. WHEREAS, on November 15, 2022 the City Council approved Resolution 22-27 approving new solid waste collection service rates effective January 1, 2023; and WHEREAS, rates for industrial service daily and monthly drop box rental services provided by the Franchisee were inadvertently omitted from the final version of Exhibit A of Resolution 22-27, and an amendment to Exhibit A is needed to add those rates, adjusted per the same rate increase analysis as other drop box services per Resolution 22-27. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. Section 2. The rate schedule attached as Exhibit A to Resolution 22-27 is amended to include the Industrial Service Drop Box Rental Fees as shown on the attached Exhibit A to this Resolution, which shall be effective January 1, 2023. December 20, 2022. This Resolution shall take effect upon passage. // ATTACHMENT 2 Resolution 22-46 Page 2 of 2 Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 20th day of December, 2022. AYES: NOES: EXCUSED: ABSTAIN: ___________________________________ Joseph M. Buck, Mayor ATTEST: ___________________________________ Kari Linder, City Recorder APPROVED AS TO FORM: ________________________________ Evan Boone, City Attorney Pro Tem City of Lake Oswego Republic Services Rate Schedule for Garbage, Recycling, Yard Debris, and Organics Collection Effective January 1, 2023 RESIDENTIAL SERVICE RATES Residential Roll Cart Rate 20 gallon $26.84 35 gallon $36.17 60 gallon $53.76 90 gallon $56.33 Up the Drive Rate - 20 gallon & 35 gallon cart add'l $1.14 for every 50 feet $4.56 Up the Drive Rate - 60 gallon & 90 gallon carts add'l $1.14 for every 50 feet $6.10 Mountain Park Roll Cart – Trash and Recycling Only, Home Owners Association (HOA) manages Yard Debris in the area. 20 gallon $23.95 35 gallon $33.28 60 gallon $50.88 90 gallon $53.44 Misc. Charges and Limited Services 35 gallon cart – monthly service $21.45 Recycling only (weekly with 60 gal. cart and bin) $5.79 On Call (trash only) *Must service at least once every 2 months $13.71 Extra Can/Bag/Box (CBB) $7.97 Yard Debris Only Service (96 gallon roll cart) $16.18 Yard Debris Extra Can/Bag/Box (CBB YD) $5.90 Contaminated Cart (Recycling) $14.95 Return Trip Fee (RTN) same day $20.07 Return Trip Fee (CAL) off service day $31.89 Gate Opening/Roll Out Container (monthly), per enclosure $18.09 Lost or Damaged Cart (Garbage, Yard Debris, Recycling) $73.49 Lost or Damaged Recycling Bin $12.43 Cart Redelivery Fee $33.68 EXHIBIT A TO ATTACHMENT 2 City of Lake Oswego Republic Services Rate Schedule 2 Switch/Wash Out Cart (second) *1 free per year $33.91 Reinstatement Fee $33.68 Bulky Waste Pick Up (Furniture, Appliances, Tires, Mattresses, etc.) Fee based on yardage and special handling needs. Minimum Fee: $31.48 + per yard rate Additional charge for appliances with freon (applies to refrigerators, freezers, air conditioners): $39.71 COMMERCIAL SERVICE RATES Commercial Roll Cart Rate 35 gallon $31.67 60 gallon $45.90 90 gallon $48.65 Commercial Front Load Container1 Weekly Collection Frequency (# Collections Per Week) Container Size 1 2 3 4 5 6 1 yard 2 $157.30 $277.08 $409.12 $541.28 $673.42 $805.58 multiple $125.84 $221.66 $327.30 $433.02 $538.74 $644.46 1.33 yard2 $175.45 $336.34 $494.48 $661.15 $797.64 $934.92 multiple $140.36 $269.07 $395.59 $528.92 $638.11 $747.94 1.5 yard $197.05 $380.74 $564.41 $748.12 $931.82 $1,115.57 multiple $157.64 $304.59 $451.53 $598.50 $745.46 $892.45 2 yard $247.83 $482.27 $716.71 $951.18 $1,185.65 $1,420.09 multiple $198.26 $385.81 $573.37 $760.94 $948.52 $1,136.07 3 yard $331.94 $642.40 $952.86 $1,263.32 $1,573.80 $1,884.25 multiple $282.15 $546.04 $809.93 $1,073.82 $1,337.73 $1,601.61 4 yard $419.84 $818.19 $1,216.53 $1,614.19 $2,013.26 $2,411.60 multiple $356.86 $695.46 $1,034.05 $1,372.06 $1,711.27 $2,049.86 6 yard $575.32 $1,055.77 $1,678.68 $2,089.69 $2,781.66 $3,123.66 multiple $517.78 $950.19 $1,510.82 $1,880.72 $2,503.50 $2,811.29 8 yard $698.24 $1,372.91 $2,047.62 $2,722.32 $3,397.04 $4,071.74 multiple $628.42 $1,235.62 $1,842.86 $2,450.09 $3,057.33 $3,664.57 1 Compacted containers charged at 2.2x the loose rate. 2 As of September 1, 2015, 1-yard and 1.33-yard front load containers have not been available to new customers. Current customers with these containers will be allowed to continue service with them at the approved rates. City of Lake Oswego Republic Services Rate Schedule 3 Misc. Charges and Limited Services Rate Return Trip Fee same day/cart only (RTN) 33% of monthly rate Return Trip Fee off service day/cart only (CAL) $31.83 Extra Yardage (EXY) per yard $33.11 Lock $28.23 INDUSTRIAL SERVICE RATES Drop Box / Roll Off Compactor Rate 10 yard drop box $174.00 20 yard drop box $174.00 30 yard drop box $174.00 40 yard drop box $174.00 Drop Box Delivery $72.00 Relocate Drop Box $96.00 Dry Run $115.00 Compactor Rate $239.00 Misc. Charges and Limited Services Fee for less than 4 hauls per month $25.00 Round tripped custom/lidded box (per haul) $35.00 Drop box rental Per day, after 48 hours Per month $9.61 $95.20 Custom/lidded box rental (per month) $12.00 Multifamily Recycling Services for Drop Box or Compactor Customers Number of Units Rate per Unit 5-199 $3.02 200-299 $2.55 300-299 $2.31 399+ $2.23 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Subject: Resolution 22-37, Americans with Disabilities Act Self-Evaluation and Transition Plan Meeting Date: December 20, 2022 Report Date: December 9, 2022 Staff Member: Kelli Byrd, ADAC ADA Coordinator Erica Rooney, PE Public Works Director/City Engineer Department: Engineering Action Required Advisory Board/Commission Recommendation ☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded ☒Resolution ☒Not Applicable ☐Information Only Comments: ☐Council Direction☐Consent Agenda Staff Recommendation: Staff recommends that Council adopt Resolution 22-37. Recommended Language for Motion: Move to adopt Resolution 22-37. Project / Issue Relates To: Americans with Disabilities Act Self-Evaluation & Transition Plan requirements Issue before Council (Highlight Policy Question): ☒Council Goals/Priorities ☐Adopted Master Plan(s)☐Not Applicable EXECUTIVE SUMMARY As a public entity, the City of Lake Oswego is required to ensure program accessibility for the services and programs it provides to the public. The Americans with Disabilities Act (ADA) Self- Evaluation and Transition Plan (Plan)(Attachment 1) will support the City of Lake Oswego to fulfill the Title II requirements of the ADA. The ADA states that a public entity must reasonably 8.1 Page 2 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city modify its policies, practices, or procedures to avoid discrimination against people with disabilities. The Plan will assist the City in identifying policy, program, and physical barriers to accessibility, and will guide the City in developing barrier removal solutions. BACKGROUND: The Plan is intended to provide a framework for the continuous improvement of City programs and facilities for people with disabilities. The Plan is intended to be a living document that is regularly updated as programs and services change, as barriers are removed and new facilities come under ownership or control of the City. On January 7, 2020, Council approved a contract with Moore Iacofano Goltsman, Inc. (MIG) to develop the City’s ADA Self-Evaluation and Transition Plan. The project was initiated in spring 2020; however, as a result of the pandemic, the project was delayed from the original estimated schedule. On May 17, 2022, staff presented an overview of the ADA and the Self-Evaluation and Transition Plan project and the overall plan details to the City Council. Staff indicated the next and final step was to get public input. A draft of the Plan was posted on the City’s website and hard copies were made available from July 26 through September 30, 2022 at the Library, Adult Community Center and City Hall for public review and comment. DISCUSSION: City staff, with the assistance of MIG, has reviewed all City programs, services and polices; evaluated the accessibility of City facilities (buildings, parks and parking lots); assessed facilities in the public right-of-way; and developed a strategic plan and tools for implementing the recommended changes to City facilities and practices. Self-Evaluation Programs, Activities and Services: In winter 2020, the City evaluated its policies, programs, and procedures to determine current levels of service and the extent to which its policies and programs created barriers to accessibility for persons with disabilities. Recommended actions for City programs, activities, and services are incorporated as part of this Plan. Physical Facilities: In late 2020 - early 2021, the City completed a physical audit of facilities to identify potential facility barriers and identify recommendations and alterations to meet state and federal accessibility standards. The type of facilities evaluated include: • City-owned and maintained parks; • City-owned and maintained buildings; • City owned parking facilities; and • City-owned and maintained facilities in the public right-of-way. Recommended actions for the physical facilities are incorporated as part of this Plan Page 3 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Public Outreach Public entities are required to accept comments from interested persons, including individuals with disabilities and organizations that represent them on the ADA Self-Evaluation and Transition Plan, to assist in the self-evaluation process. A page has been designated on the City’s website to serve as an information portal for the Plan and accessibility. During development of this Plan, an ADA Stakeholder Group was formed comprised of people with disabilities, those that provide assistance or services to others with disabilities, senior citizens, people with experience and knowledge of ADA planning and requirements, and other interested Lake Oswego residents. In March 2022, the ADA Stakeholder Group met with Staff and MIG to provide input receive questions and comments. Participants shared their opinions and experiences related to City facilities, programs, and services as they relate to the ADA. The meeting agenda and notes are available on the City’s website at https://www.ci.oswego.or.us/ada/ada-self-evaluation-transition-plan-project. The Draft Plan was available for public review and comment from July 26 through September 30, 2022. Thirty members of the public completed a questionnaire in regards to the Plan. Most respondents were interested community members or caregivers/support persons for a person with a disability living in Lake Oswego. The respondents welcomed and supported the Plan and indicated priority for barrier removal as follows: sidewalks, curb ramps, crosswalks, park access, facility access, ADA parking, pathways, pedestrian pushbuttons at intersections, effective communication, website accessibility and railroad pedestrian crossings. Staff has reviewed all comments/feedback to prioritize what to work on. The ADA Self-Evaluation and Transition Plan Questionnaire Responses is attached as Exhibit C and incorporated by reference. Implementation Strategies The Plan includes phasing for removing barriers in the next one to three, one to five, one to ten and one to fifteen years. It is the City’s intent to review all barriers during the first three years of Plan implementation and address barriers that can be resolved through programmatic modifications and maintenance activities. The City will then revise the schedule for removal of the remaining barriers. Programs, Activities and Services: Improvements to programs, activities and services will be incorporated as they are provided or presented, as recommended in the Plan. Physical Facilities: Public buildings, parks and parking facilities: All facilities in which the City provides programs, activities, and services were prioritized based on identified complaints or requests, level of use by the public, proximity to transit facilities, program uniqueness, geographic distribution, citizen rights and responsibilities, recognized user groups and planned obsolescence. It is the intent of the City to address and remove barriers to accessibility in public buildings, parks and parking facilities based upon the immediate necessity of programmatic access, degree of complexity, and overall cost. Page 4 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Right-of-Ways: The federal guidelines for removal of barriers in the public right-of-way prioritize locations serving government offices and public facilities, then locations serving transportation (bus stops), then commercial districts and employers, then locations serving other areas. Specific barriers that have been the subject of an ADA complaint are prioritized, as feasible. FISCAL IMPACT The overall estimated costs to remove barriers in City-owned facilities are noted in the following table: Facility Type Range of Potential Costs1 Parks $3 – $4 M Buildings $1.5 – $2.5 M Parking Facilities $40 – $50K ROW Curb Ramps & Sidewalks $200 – $250 M Total $204.54M - $265.55M Real progress can be made when a municipality makes financial commitments to improving access. Staff recommends the City include barrier removal projects as part of its bi-annual budgets, either as stand-alone projects or as part of regularly occurring programs (e.g., street resurfacing projects, facility alterations, etc.). Staff from various departments will be proposing various improvements from this Plan in the next Capital Improvement Plan and Budget cycle. This should continue until all barriers are eliminated. RECOMMENDATION At this point in time, it is recommended that City Council adopt the Plan, which is attached as Exhibit A and incorporated by reference. Staff recommends that Council adopt Resolution 22-37 (Attachment 2), with the Americans with Disabilities Act Self-Evaluation & Transition Plan (Attachment 1) at the December 20, 2022 City Council meeting. ATTACHMENTS 1. Final—Americans With Disabilities Act (ADA) Self-Evaluation and Transition Plan, October 2022 2. Resolution 22-37 Adopting the City of Lake Oswego Americans With Disabilities Act (ADA) Self-Evaluation and Transition Plan 3. ADA Self-Evaluation and Transition Plan Questionnaire Responses 1 2022 dollars Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan October 2022 ATTACHMENT 1 This page intentionally left blank. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 i Acknowledgments Many individuals were involved with the development of the City of Lake Oswego ADA Self- Evaluation and Transition Plan. Implementation of this Plan will include efforts of City Leadership and across City Departments. City Leadership • Joe Buck, Mayor • Jackie Manz, Council Member • Massene Mboup, Council Member • Daniel Nguyen, Council Member • Aaron Rapf, Council Member • Rachel Verdick, Council Member • John Wendland, Council Member City Manager • Martha Bennett, City Manager • Megan Phelan, Assistant City Manager • Anthony Hooper, Deputy City Manager • Madison Thesing, Assistant to the City Manager Engineering & Public Works • Erica Rooney, City Engineer and Public Works Director • Stefan Broadus, Assistant City Engineer • Kelli Byrd, ADA Coordinator Facilities Management • Shaun Kohn, Facilities Manager Fire • Don Johnson, Fire Chief Information Technology • Weston Pay, Chief Technology Officer Library • Melissa Kelly, Library Director Parks and Recreation • Ivan Anderholm, Director of Parks & Recreation • Jeff Munro, Deputy Director of Parks & Recreation • Jan Wirtz, Deputy Director of Recreation & Adult Services Planning and Building Department • Brian Don, Building Official • Jessica Numanoglu, Planning Manager Police • Dale Jorgensen, Chief of Police Redevelopment • Sidaro Sin, Development Project Manager ADA Stakeholder Group • Cynthia Johnson • Carolyne Jones • Karen Logsdon • Georgena Moran • Jan Steinbock • Lisa Strader Consultant www.migcom.com City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 ii This page intentionally left blank. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 iii Contents 1 Introduction ...................................................................................................................... 1 1.1 Legislative Mandate ...................................................................................................... 2 1.2 Discrimination and Accessibility .................................................................................... 3 1.3 ADA Self-Evaluation and Transition Plan Requirements and Process ............................ 4 1.4 Public Outreach ............................................................................................................. 6 2 Self-Evaluation ................................................................................................................. 7 2.1 Programmatic Modifications ......................................................................................... 7 2.2 Program Accessibility and Policy Review Summary ....................................................... 7 3 Transition Plan ............................................................................................................... 23 3.1 Park and Building Facilities .......................................................................................... 23 3.2 Facilities in the Public Right-of-Way ............................................................................ 43 4 Barrier Removal Considerations for Plan Implementation .............................................. 79 4.1 Triggers for Barrier Removal........................................................................................ 79 4.2 Safe Harbor Provisions ................................................................................................ 83 4.3 Undue Burden ............................................................................................................. 84 5 ADA Coordinator, Notice Policy, and Grievance Procedure ............................................. 85 5.1 ADA Coordinator Roles and Responsibilities ............................................................... 85 5.2 Notice Under the Americans with Disabilities Act ....................................................... 85 5.3 ADA Complaint/Grievance Procedure ......................................................................... 87 6 Definitions ...................................................................................................................... 89 City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 iv 7 Resources ....................................................................................................................... 97 7.1 Federal, State, and Local Laws, Standards, and Ordinances ........................................ 97 7.2 Local and National Organizations Supporting People with Disabilities ........................ 99 7.3 Guidance Documents and Articles—Web Design ...................................................... 106 7.4 Guidance Documents and Articles—Signage ............................................................. 107 7.5 Guidance Documents and Articles—Creating Accessible Documents ....................... 108 7.6 Training Resources .................................................................................................... 109 City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 1 1 Introduction This ADA Self-Evaluation and Transition Plan (Plan) will support the City of Lake Oswego to fulfill the requirements set forth in title II of the Americans with Disabilities Act (ADA). The ADA states that a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination against people with disabilities. This Plan will assist the City in identifying policy, program, and physical barriers to accessibility, and will guide the City in developing barrier removal solutions. The evaluation of policies, programs, and services is described in Section 2 – Self-Evaluation of this document. Section 2 details the review of City policies, services, programs, and activities and is based on responses to a program accessibility questionnaire, which was completed by City staff, conversations with city personnel, and a review of City documents and policies. A description of the evaluation of physical barriers in the built environment at City facilities where programs, activities, and services are available to the public and the strategy for the removal of barriers is included in Section 3 – Transition Plan. An overview of the topics the City should consider and address when implementing barrier removal efforts is provided in Section 4 – Barrier Removal Considerations for Plan Implementation. Section 5 – ADA Coordinator, Notice Policy, and Grievance Procedure includes identification of the City’s ADA Coordinator, the City’s notice under the ADA, and the City’s ADA Grievance Procedure. Commonly used terms within this document and in the ADA are included in Section 6 – Definitions, and Section 7 – Resources contains a directory of disability organizations, guidelines, and resources for addressing the recommendations included in this Plan. The City of Lake Oswego has established a designated ADA Title II Coordinator. The ADA Coordinator is responsible for tracking the efforts of the City to comply with title II and for the coordination and investigation of accessibility-related complaints. The ADA Coordinator is also considered a resource for City Departments to achieve ADA compliance and assist with policy and program development to ensure program accessibility (28 CFR 35.130, 28 CFR 35.149). City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 2 1.1 Legislative Mandate The ADA is a comprehensive civil rights law for persons with disabilities in both employment and the provision of goods and services. The ADA states that its purpose is to provide a “clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” Congress emphasized that the ADA seeks to dispel stereotypes and assumptions about disabilities and to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. Congress passed the ADA on July 26, 1990. Title II of the ADA covers programs, activities, and services of public entities. Under the requirements of the ADA: No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity (28 CFR 35.130). Further, title II of the ADA provides that public entities must identify and evaluate all programs, activities, and services and review all policies, practices, and procedures that govern administration of the entity's programs, activities, and services (28 CFR 35.105). This Plan and certain documents incorporated by reference establish the City of Lake Oswego’s ADA Self- Evaluation and Transition Plan. Application of Regulations As a public entity, the City of Lake Oswego is subject to the ADA’s title II Requirements for State and Local Government Programs and Services and is responsible for the provision of accessible programs and facilities that are available without discrimination toward people with disabilities. A fundamental tenet of title II of the ADA is “the principle that individuals with disabilities must be provided an equally effective opportunity to participate in or benefit from a public entity's aids, benefits, and services.” This principle is referred to as program accessibility. A public entity may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are inaccessible. A public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as “program accessibility,” applies to all existing facilities of a public entity. Public entities, however, are not necessarily required to make each of their existing facilities accessible (www.ada.gov/taman2.html). As a public entity, the City is required to ensure program accessibility for the programs it provides to the public. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 3 Maintaining Accessible Facilities In addition to providing programmatic access, the City is obligated to maintain all accessible facilities in working order. Exceptions are provided for temporary disruptions. The ADA contains the following language regarding the maintenance of accessible features: Maintenance of Accessible Features. Public entities must maintain in working order equipment and features of facilities that are required to provide ready access to individuals with disabilities. Isolated or temporary interruptions in access due to maintenance and repair of accessible features are not prohibited. Where a public entity must provide an accessible route, the route must remain accessible and not blocked by obstacles such as furniture, filing cabinets, or potted plants. An isolated instance of placement of an object on an accessible route, however, would not be a violation, if the object is promptly removed. Similarly, accessible doors must be unlocked when the public entity is open for business. Mechanical failures in equipment such as elevators or automatic doors will occur from time to time. The obligation to ensure that facilities are readily accessible to and usable by individuals with disabilities would be violated, if repairs are not made promptly or if improper or inadequate maintenance causes repeated and persistent failures (www.ada.gov/taman2.html). 1.2 Discrimination and Accessibility This section provides an overview of physical and programmatic accessibility and the basic methods of providing access. Absence of discrimination requires that both types of accessibility be provided. • Physical accessibility requires that a facility be barrier-free. Barriers include any obstacles that prevent or restrict the entrance to or use of a facility. • Program accessibility requires that individuals with disabilities are provided an equally effective opportunity to participate in or benefit from a public entity's programs and services. Accessibility includes advertisement, orientation, eligibility, participation, testing or evaluation, physical access, provision of auxiliary aids and services, transportation, policies, and communication. The City may achieve program accessibility by several methods: • Structural methods such as altering an existing facility; • Acquisition or redesign of equipment; • Assignment of aids; and/or • Providing services at alternate accessible sites. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 4 When choosing a method of providing program access, the City is required to prioritize the method that results in the most integrated setting appropriate to encourage interaction among all users, including individuals with disabilities. In compliance with the requirements of the ADA, the City must provide equality of opportunity. 1.3 ADA Self-Evaluation and Transition Plan Requirements and Process The ADA Self-Evaluation and Transition Plan is intended to provide a framework for the continuous improvement of City programs and facilities for people with disabilities. The Plan is intended to be a living document that is regularly updated as programs and services change, as barriers are removed, and new facilities come under ownership or control of the City. The ADA Self-Evaluation identifies and makes recommendations to correct policies and practices in the City’s programs and services that are inconsistent with title II regulations and result in limited access for people with disabilities. As part of the Self-Evaluation, the City: • Evaluates services, policies, and practices; • Identifies modifications needed to services, policies, and practices; and • Involves people with disabilities in the self-evaluation process (28 CFR 35.105). Programs, activities, and services offered by the City to the public must be accessible for people with and without disabilities. Accessibility applies to all aspects of programs or services provided by the City, including: • Notice, Responsible Employee, and Grievance Procedure; • Customer Service; • Staff Training; • Contracting, Licensing, or Other Arrangements; • Public Meetings; • Program Participation; • Transportation Services; • Tours and Trips; • Accessible and Adaptive Equipment; • Printed and Online Materials; • Website; • Televised and Audiovisual Information; • Telecommunications; • Emergency Planning; • Facilities. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 5 The Transition Plan is a document that outlines a strategy for the City to progress toward compliance with the ADA. The Transition Plan identifies physical barriers for persons with disabilities and a schedule to remove those barriers over time and must: • List barriers; • Identify feasible solutions to each barrier; • Establish a timeline for removing barriers; • Identify the person responsible for title II compliance; and • Involve people with disabilities in the preparation of the Plan (28 CFR 35.150 (d)). Self-Evaluation The City of Lake Oswego evaluated its policies, programs, and procedures to determine current levels of service and the extent to which its policies and programs created barriers to accessibility for persons with disabilities. Recommended actions for City programs, activities, and services are incorporated as part of this Plan. Transition Plan The City completed a physical audit of facilities to identify potential facility barriers and identify recommendations and alterations to meet state and federal accessibility standards. The type of facilities evaluated include: • City-owned and maintained parks; • City-owned and maintained buildings; • City owned parking facilities; and • City-owned and maintained facilities in the public right-of-way. At the time of the facility evaluations, the following resources were used to identify barriers at City facilities: the 2010 ADA Standards for Accessible Design, 2015 Architectural Barriers Act (ABA) Standards for Outdoor Developed Areas, 2019 Oregon Structural Specialty Code (OSSC), Chapter 11 Accessibility which incorporates by reference ICC A117.1-2009 Accessible and Usable Buildings and Facilities and the Oregon Transportation Commission Standards for Accessible Parking Places August 2018, 2011 Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG), and the 2009 r1 and r2 Manual on Uniform Traffic Control Devices (MUTCD). Building codes and standards are revised every few years. The barrier evaluations conducted provide an assessment of current conditions as viewed by current code and provide a baseline for future barrier removal. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 6 1.4 Public Outreach Public entities are required to accept comments from interested persons on their ADA Self- Evaluation and Transition Plan, including individuals with disabilities and organizations that represent them to assist in the self-evaluation process. A page is designated on the City’s website to serve as an information portal for the ADA Self-Evaluation and Transition Plan process. During development of this Plan, people with disabilities, and those that provide assistance or services to others with disabilities, senior citizens, people with experience and knowledge of ADA planning and requirements, and other interested Lake Oswego residents participated in a stakeholder group. In March of 2022, an ADA stakeholder meeting was held to receive questions and comments and provide input on the prioritization of barriers. Participants shared their opinions and experiences related to City facilities, programs, and services as they relate to the ADA. The meeting agenda and notes are available on the City’s website at https://www.ci.oswego.or.us/ada/ada-self-evaluation-transition-plan-project. This version of the Draft Plan has been made available for public comment in June 2022 through July 2022. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 7 2 Self-Evaluation Accessibility of the City’s programs, activities, and services applies to all aspects of the City’s offerings, including advertisement, eligibility, participation, testing or evaluation, physical access, provision of auxiliary aids, transportation, policies, and communication. The City of Lake Oswego undertook a self-evaluation that included a staff questionnaire, a review of City policies and practices, and an evaluation of the City’s standards and specifications. The self-evaluation process identified barriers and provided a mechanism for developing strategies and recommendations to correct policies and practices that are inconsistent with title II regulations and result in limitations to access for people with disabilities. This section summarizes the outcomes of this effort. The recommendations contained in this section will serve as a basis for the implementation of specific strategies that will improve access to City programs, as required by law. 2.1 Programmatic Modifications The ADA Coordinator, or designee, will follow-up with each department to review the recommendations contained in the self-evaluation (28 CFR 35.105). In those situations where a policy, program, or procedure creates a barrier to accessibility that is unique to a department or a certain program, the ADA Coordinator, or designee, will coordinate with the program manager to address the removal of the barrier in the most reasonable and accommodating manner in accordance with applicable law. 2.2 Program Accessibility and Policy Review Summary The two primary components of the City’s self-evaluation are a program accessibility questionnaire administered to City staff and a complementary evaluation of the City’s services, policies, and practices. The review included the Municipal Code, policies and administrative rules for departments, planning, and other public documents, forms and applications, and a wide range of the City’s programmatic offerings, and the City’s standards and specifications. The results of the analysis serve as a basis for implementation of specific improvements for improving access to City programs as required by the ADA. The reviewed services, policies, and practices were provided to the City in an ADA Self-Evaluation of Policies, Programs, and Activities report available under separate cover upon request. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 8 The recommendations in this Plan are organized into categories based on the requirements of title II of the ADA. • Notice, Responsible Employee, and Grievance Procedure; • Customer Service; • Staff Training; • Contracting, Licensing, or Other Arrangements; • Public Meetings; • Program Participation; • Transportation Services; • Tours and Trips; • Accessible and Adaptive Equipment; • Printed and Online Materials; • Website; • Televised and Audiovisual Information; • Telecommunications; • Emergency Planning; and • Facilities. Required actions are listed based on the ADA legislation for accessibility. Some actions are always required, such as posting a notice of nondiscrimination, while other actions are only required when requested, such as providing alternative formats like large print agendas. In many cases, the City has many alternatives in selecting methods for providing accessible programs, activities, and services. Recommended actions for implementation are also provided to help ensure requirements are met. The City has resources such as the Department of Justice toolkit of best practices located at www.ada.gov/pcatoolkit/toolkitmain.htm to assist in determining appropriate approaches to the implementation of this Plan. Notice, Responsible Employee, and Grievance Procedure Title II regulations require the City to inform the public of the rights and protections provided by the ADA for access to public programs, services, and activities. It is the obligation of the head of the public entity to determine the most effective way of providing notice to the public about their rights and the public entity’s responsibilities under the ADA. Publishing and publicizing the ADA notice is not a one-time requirement. Public agencies should provide the information on an ongoing basis and update the information whenever necessary. Additionally, title II of the ADA requires a state or local government agency that employs 50 or more people to develop and publish an ADA grievance procedure and to designate at least one employee. In Lake Oswego, the ADA Coordinator is responsible for the coordination of the City's efforts to implement the self-evaluation and transition plan. The ADA Coordinator is also responsible for investigating any complaints that the City has engaged in an action prohibited by title II and is often responsible for communicating the City's efforts to comply with and fulfill its responsibilities under title II of the ADA. The City has provided notice of nondiscrimination on the basis of disability, the ADA grievance procedure, and identifies the ADA Coordinator whose name, office address, and telephone number are provided on the City’s website (https://www.ci.oswego.or.us/ada). City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 9 Required Actions • Continue to provide the name and contact information for the City’s employee responsible for ensuring the City meets its ADA obligations under title II to staff and the public (28 CFR 35.107). • Continue to provide a public notice of the City's commitment to providing accessible services public (28 CFR 35.106). • Provide information about the existence and location of accessible services, programs, activities, and facilities (28 CFR 35.163). • Continue to publish a grievance procedure to provide fair and prompt resolution of accessibility-related complaints (28 CFR 35.107). • Ensure that people claiming a violation of title II are not retaliated against or discriminated against for making such a claim (28 CFR 35.134). • Department of Transportation fund recipients and subrecipients must keep complaints on file for one year and maintain a record, which may be in summary form, for five years (49 CFR 27.121 (b)). Implementation Strategies • Maintain the citywide page to address and inform the public on the city's obligation under title II of the ADA. The citywide page serves to provide a one-stop portal for access to the ADA notice, ADA Coordinator, requests for auxiliary aids and services, program modifications, the complaint process, self-evaluation and transition plan documents, and other city efforts regarding accessibility. • Continue to provide notice of the availability of program modifications, alternative formats of materials, and auxiliary aids. Include contact information for staff who can provide assistance. Establish a standardized advanced notice requirement and publicize. • Include a nondiscrimination notice in city publications, similar to the following: The City of Lake Oswego does not discriminate on the basis of disability in the admissions or access to its programs or activities. An ADA Coordinator has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Justice regulations implementing Subtitle A of title II of the Americans with Disabilities Act (42 U.S.C. 12131-12134), which prohibits discrimination on the basis on disability by public agencies. Kelli Byrd, ADA Coordinator, 380 A Avenue, 2nd Floor, Lake Oswego, OR 97034 phone 503-635-0282, TTY/711, or email: ada@ci.oswego.or.us • Republish and rebroadcast radio, newspaper, television, or mailings of the notice periodically, as applicable. • Increase outreach to people with disabilities and the organizations that serve them to provide information about possible modifications and the accessibility of services, programs, and activities. • Ensure staff is aware of the public locations of the nondiscrimination statement and the procedure for filing a disability discrimination or grievance complaint. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 10 Customer Service In-person interaction with the public is one of the primary functions of most City departments. To meet ADA standards for in-person interactions, staff should be aware of the formal and informal procedures for accommodating people with disabilities, including appropriate responses to requests for program modifications and guidelines for accommodating service animals. Only dogs are recognized as service animals under title II of the ADA. In limited cases, miniature horses that are individually trained to perform tasks for people with disabilities may also qualify to provide services. Emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA. Required Actions • Continue to make appropriate modifications to regular practices to accommodate individuals with disabilities' needs when providing customer service (28 CFR 35.130). • Continue to ensure an additional fee is not charged to people requesting a program modification due to their disability (28 CFR 35.130). • Ensure that service animals are allowed in City facilities (28 CFR 35.136). • Make reasonable modifications for people with disabilities who rely on a miniature horse that is individually trained to assist them (28 CFR 35.136). Implementation Strategies • Ensure that staff members are aware of the City's policy regarding service animals and are trained to implement this policy appropriately. • Develop a process for determining reasonable modifications as people with disabilities request them. The process should address the following considerations: • Ensure the public has easy access to information about requesting modifications and understanding who to contact. • Ensure all staff can direct a person requesting the modification to the appropriate staff member. • Ensure requests can be accepted from someone on behalf of the person with a disability and are not be required to be in writing. • Ensure that requests and outcomes are tracked. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 11 Staff Training As a part of the City's ongoing staff development and training, the incorporation of disabilities awareness, standards, and resources is encouraged for all staff interfacing with the public or who maintain the facilities used by the public. Required Actions • Ensure that city staff is knowledgeable about obligations, policies, and procedures for providing accessible services, programs, and activities to the public. (28 CFR 35.130; 28 CFR 35.160) • Ensure that city staff is knowledgeable about procedures for responding to requests for modifications. (28 CFR 35.160) • Ensure that city staff is knowledgeable about construction and maintenance of accessible facilities. (28 CFR 35.133) Implementation Strategies • Develop and disseminate best practice resources for staff, similar to LOPR's Inclusive Recreation Handbook or Police Department Policy 370: Communications with Persons with Disabilities, to formalize the City's approach to addressing accessibility concerns. • Provide all city staff with ongoing awareness and sensitivity training. • Develop a comprehensive disability access training program. Educate city staff about their responsibilities under the ADA. The City's ADA coordinator or city supervisors should be responsible for ensuring that staff members receive training. Staff members who have contact with the public should receive additional training about the process of providing modifications and assistive devices to make their programs, activities, and services accessible. Ensure that training also includes information about responding to a variety of disabilities and the availability of program-specific adaptations, assistive devices, and modifications. • Develop standard guidelines for training materials. These guidelines should include standard language that appropriately describes the city's policy on inclusion and nondiscrimination. Staff members should receive training in using the guidelines effectively. • Offer training to staff members that have contact with the public and wish to learn basic ASL communication skills. Training should emphasize basic communication and should not be viewed as a substitute for utilizing qualified ASL interpreters when requested. • Train maintenance staff regarding accessibility compliance and building codes to maintain facilities in an accessible condition. • Incorporate assistance for people with disabilities into training for building evacuation procedures. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 12 Contracting, Licensing, or Other Arrangements All events on public property should be accessible to people with disabilities. Many public agencies rely on contractors, licensees, consultants, and other entities to deliver City services. These entities are considered an extension of the City's services and must adhere to the same ADA regulations as the City. Required Actions • Ensure that contractors, licensees, consultants, and other entities providing or delivering services for the city adhere to the same ADA regulations as the City (28 CFR 35.130). • Ensure the city selects procurement contractors using criteria that does not discriminate on the basis of disability (28 CFR 35.130). • Maintain City facilities in an accessible order to help ensure the accessibility of events held by public and private organizations (28 CFR 35.133). Implementation Strategies • Ensure contractors, licensees, and other entities providing services to the public are aware of their obligation to make City programs and activities accessible. Provide checklists, resources, contractual language, or other means to help them understand and meet their obligations. • Monitor public programs and activities provided by contractors, licensees, and other entities to ensure continued accessibility. Provide staff with resources for conducting this review. • Inform organizations that coordinate or sponsor events at City facilities about applicable ADA requirements. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 13 Public Meetings Public meetings are a regularly occurring activity for public agencies. Any public meeting's main objective is to impart and solicit information on issues of importance to the local government. Where these meetings are held is one of the essential considerations for meetings under the ADA requirements. Required Actions • Continue to ensure that public meetings are held in accessible facilities (28 CFR 35.160). • Provide agendas and other meeting materials in alternative formats upon request (28 CFR 35.160). • Provide flexibility in the time limit on speaking for individuals with communication difficulties (28 CFR 35.160). • Ensure that assistive listening devices are available for public meetings where the sound at the meeting is amplified (28 CFR 35.160; 2010 Standards 219.2 Required Systems). • Provide the opportunity to participate in public meetings remotely using technology such as a telephone, video, or other digital means and when oral and written testimony is allowed, provide a similar means of participation remotely. (OR HB 2560-A) Implementation Strategies • When possible, share meeting content before the meeting and allow the submission of questions in advance of the meeting. • Display a notice on meeting agendas and web pages providing agendas and other meeting materials, indicating the availability of alternative formats of meeting materials and other elements of meeting participation. • Prepare a list of accessible meeting spaces to facilitate the scheduling of meetings or the relocation of meetings as needed upon request. • Maintain a list of on-call ASL interpreters who can attend meetings upon request to assist individuals who are deaf or have hearing loss. • Develop a checklist and provide instruction to staff on ensuring the accessibility of meetings. Guidelines should include examples of the types of modification requests that may be made by people with different types of disabilities, including assistive listening systems, sign language interpreters, readers, descriptive services, and other assistive technologies like real-time captioning. Other considerations include the layout of the room and the locations of the sign-in and refreshments tables, bathrooms, and other elements to ensure these features are accessible. • Assign a member of staff as a greeter at public meetings and events. Identify this person as a resource for people who may require assistance. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 14 Program Participation The public must be able to access all programs, services, and activities, regardless of disability, unless a modification would result in a fundamental alteration to the nature of a service, program, or activity or impose undue financial and administrative burdens (28 CFR 35.164). Admission criteria, ability to complete forms, and participation in interviews must be available to all public members by providing reasonable modifications. Required Actions • Provide reasonable modifications to program participants with disabilities to include them in regular programs to the maximum extent possible. Do not require the use of different or separate aids, benefits, or services, even if they are as effective as those provided to other individuals (28 CFR 35.130). • Modify standard policies, practices, or procedures to avoid discrimination unless the modification would fundamentally alter the nature of the program, result in an undue financial or administrative burden, or create a hazardous situation for the participant or others (28 CFR 35.130). • Ensure that if the City determines it is necessary to exclude or limit the participation of people with disabilities to ensure the safe operation of programs or services, it bases those determinations on real risks, not on speculation, stereotypes, or generalizations (28 CFR 35.130). • Ensure that surcharges are not placed on people with disabilities to cover the costs of aids, modifications, or program accessibility (28 CFR 35.130). • Ensure that when interviews are required for program participation, they are held in an accessible location and that alternative formats or auxiliary aids are provided upon request (28 CFR 35.164; 28 CFR 35.160). Implementation Strategies • Increase outreach to people with disabilities and the organizations that serve them to ensure program accessibility. The City should also inform the public of the possible modifications that can be provided to make programs, services, and activities accessible. • Include a nondiscrimination statement and a notice of alternative formats on application or registration forms. • Periodically review program eligibility requirements to ensure accessibility proactively. Develop strategies for modifications as appropriate. • Review requirements of City volunteer programs to ensure that people with disabilities are included to the maximum extent possible. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 15 Transportation Services Many public agencies provide public transportation services. The public accommodation standards for these services are set forth by the Federal Transit Administration under Title 49, Subtitle A, Part 38 - Americans with Disabilities Act Accessibility Specifications for Transportation Vehicles. Required Actions • Continue to make reasonable modifications in policies, practices, or procedures for transportation programs when the modifications are necessary to avoid discrimination on the basis of disability or to provide program accessibility to services (28 CFR 35.130, 49 CFR 38.1). Implementation Strategies • Periodically review transportation programs to proactively ensure accessibility. Develop strategies for modifications as appropriate. Tours and Trips Many public agencies provide or facilitate tours and trips as part of their service. These tours and trips are subject to title II regulations. The City is responsible for ensuring that people with disabilities can experience the tour by making modifications upon request. Required Actions • Modify tours and trips upon request to enable people with disabilities to participate (28 CFR 35.130). Implementation Strategies • Incorporate opportunities to request accessibility modifications in registration materials for tours or trips. • Provide information to participants in advance of a tour or trip regarding the destination, transportation method, and other characteristics of the activity so that informed requests for modifications can be made. • Evaluate the destination of tours or trips and the means of transportation to determine accessibility and any modifications that may be required. If a tour route or a portion of a route is inaccessible and modifications are requested, reroute the tour or provide program modifications that will allow the tour to be experienced (for example, photographs, videos with closed captioning). City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 16 Accessible and Adaptive Equipment Adaptive aids are devices, controls, appliances, or items that make it possible for people with disabilities to improve their ability to function independently and participate in programs, services, and activities offered by the City. For example, a pen, note pad, and clipboard provided to a person with a speech disability to write notes for brief communication or electronic equipment such as an accessible computer station are considered adaptive equipment. Required Actions • Provide and maintain, in working order, accessible equipment for people with disabilities when equipment is provided to the public. (28 CFR 35.133) • Make reasonable modifications to avoid discrimination on the basis of disability unless the modifications would fundamentally alter the nature of the service, program, or activity. (28 CFR 35.130) • Provide appropriate auxiliary aids and services in a timely manner, giving primary consideration to the request of the individual with the disability. (28 CFR 35.160) Implementation Strategies • Include accessibility as a criterion for purchasing equipment such as furniture, site furnishings, and office systems. Whenever possible, evaluate furniture and building material purchases for compatibility with a wide range of disabilities and sensitivities. • Review equipment provided by the city for use by the public, such as computers, copy machines, telephones, etc., to identify potential barriers to accessibility and corresponding solutions. • Collaborate with community organizations that serve people with disabilities to develop and maintain a resource list of assistive technology and accessible equipment. • Establish and maintain a toolkit of adaptive aids and resources for staff who interact with the public. Include information about both onsite and contracted services. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 17 Printed and Online Materials Many public agencies develop and distribute a wide range of materials in printed and online formats. To meet the ADA's effective communication standards (28 CFR 35.160 through 35.164), the City must be able to provide alternative formats such as easy-to-understand language, braille, large print, audiotape or CD, computer media, or other formats, when requested. This responsibility extends to outside contractors and vendors who develop materials on behalf of the City. Required Actions • Ensure alternative formats to printed and online information is made available upon request, addressing each request on an individual basis (28 CFR 35.160). • Ensure assistance is provided upon request in filling out forms when alternative formats are unavailable or infeasible (28 CFR 35.130). • Continue to ensure that costs for alternative formats and modifications are not assigned to a person with a disability making the request (28 CFR 35.130). Implementation Strategies • Include a notice on public materials printed by the City, similar to the following: This publication can be made available in alternative formats, such as large print, braille, or electronic format. Requests can be made by calling the ADA Coordinator at 503-635-0282 (voice) or by using the 711 Telecommunications Relay Service, or email at ada@lakeoswego.city Please allow 72 hours for your request to be processed. • Develop a formal standard for the accessibility of printed and online materials and create or identify resources for achieving this standard across all departments. Ensure that this standard includes oversight for externally created materials and strategies for making existing online materials accessible. • Develop and implement standard templates for producing accessible City materials that are consistent with City branding and style. • Train staff to provide printed and online information in alternative formats for people with various disabilities to ensure that requests are handled in a uniform and consistent manner. Incorporate strategies for materials with complex language or other elements such as charts, graphs, maps, and other images. • Include images of people with disabilities when images of people are included in City printed materials. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 18 Website As people turn to the internet as their primary source of information regarding services, programs, activities, and facilities, the City's website takes on increased importance as a communications tool. Providing public access to City publications online is an effective means of reaching people with disabilities. (www.ada.gov/websites2.htm) Accessibility standards for electronic and information technology covered by Section 508 of the Rehabilitation Act Amendments of 1998 have set forth the technical and functional performance criteria necessary for such technology to be accessible (Title 29, Chapter 16, § 794d). As of 2018, the technical requirements of Section 508 incorporate the Web Content Accessibility Guidelines (WCAG), including WCAG 2.0 A and AA. The WCAG guidelines are considered the best practice for web accessibility and provide the industry standards for accessible web content. In March of 2022, the DOJ updated the guidance on accessible websites for title II entities reaffirming websites and their content must be in compliance with the ADA to provide equal access and effective communication. Required Actions • Take appropriate steps to ensure that the city's online communication with people with disabilities is as effective as other communications with the public and ensure compliance with Section 508 digital accessibility standards (28 CFR 35.160). • Ensure that people with disabilities are not excluded from participating in or benefitting from the City's online services, programs, or activities (28 CFR 35.160). Implementation Strategies • Provide information on the city website about the accessibility of the City’s website. • Acquire the technological resources or staffing expertise to create accessible digital documents for posting on the city website. • Develop a formal standard for website accessibility and create or identify resources for achieving this standard across all departments. Ensure that this standard includes oversight for externally created web pages and incorporates strategies for making accessibility updates to existing web pages. • Periodically conduct web accessibility analyses to measure the accessibility of the city's websites periodically. Consider adopting standards that meet or exceed WCAG 2.0 A and AA for the accessibility of electronic information. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 19 Televised and Audiovisual Information Televised and audiovisual information is a means for disseminating public information through presentations produced by the City. All televised and audiovisual information, including PowerPoint presentations, must be accessible to people with disabilities. As more communication is done remotely through the internet, it is increasingly important that all communication tools maintain accessibility as technology changes. Required Actions • Provide alternative formats upon request to audiovisual presentations produced by the City or its contractors or vendors (28 CFR 35.160). • Ensure that televised and audiovisual communications with people with disabilities is as effective as televised and audiovisual communications with others (28 CFR 35.160). Implementation Strategies • Review City presentations, videos, and recordings of meetings to identify potential barriers to accessibility and corresponding solutions. • Encourage presenters to read the slides and describe the graphic content when presenting PowerPoint or other visual presentations. Telecommunications Technological advances such as cell phones, texting, and instant messaging are changing the tools that many people use to communicate. However, provision of alternative communication technologies such as teletypewriters (TTY), telecommunication display devices (TDDs), or relay services (TRS) is still required under the ADA for communicating with the public. Required Actions • Ensure that staff is proficient in the use of alternative communication technologies such as TTY, TDDs, or TRS, or are able to direct the public to knowledgeable staff. (28 CFR 35.161) • Ensure that city publications that list phone numbers also include information on how people who are deaf or who have hearing loss or speech disorders can communicate with the city by phone. (28 CFR 35.161; 28 CFR 35.163) • Ensure that telecommunications with people with disabilities is as effective as communications with others (28 CFR 35.161; 28 CFR 35.163). • Ensure that responses to calls from a telecommunications relay service are handled in the same manner as responding to other telephone calls. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 20 Implementation Strategies • Train staff on the use of alternative communication technologies. • Explore options for Video Remote Interpreting Services (VRI) for communicating with people who are deaf, have hearing loss, or speech disorders. There are many situations where a live interpreter is required, such as in medical situations, but VRI can be a convenient, flexible, lower-cost alternative to live interpreters. Emergency Planning Life and safety protocols and procedures are required to include plans for people with disabilities. The City is responsible for ensuring that staff are aware of these procedures and are trained to implement them during an emergency. Issues that have the greatest impact on people with disabilities include: • Notification; • Evacuation; • Emergency transportation; • Access to medications, refrigeration, and back-up power; • Access to their mobility devices or service animals while in transit; and • Access to information. In planning for emergency services, the City is required to develop strategies for notifying and assisting people with the widest range of disabilities. The City is responsible for ensuring that staff are aware of these procedures and are trained to implement them during an emergency.Error! Bookmark not defined. Required Actions • Include strategies for people with disabilities in various types of emergency situations when developing guidelines and a plan for emergency evacuations. (28 CFR 35.130; 28 CFR 35.149) • Train staff to safely evacuate people with disabilities in various types of emergency situations when developing guidelines and a plan for emergency evacuations. (28 CFR 35.130; 28 CFR 35.149) • Provide direct access to telephone emergency services, including 911 services, for people who use TDD's and computer modems. (28 CFR 35.162) • If the City becomes involved in providing emergency shelters, provide emergency sheltering programs that are accessible to people with disabilities. (28 CFR 35.130; 28 CFR 35.149) City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 21 Implementation Strategies • Incorporate the following elements into emergency planning: • Address what to do when an alarm is triggered; • Establish meeting places for assistance and evacuation chairs; • Provide direction on what to do if assistance is not available; and • Establish floor captains. • Test the City's emergency plan and evacuation procedures with periodic drills, both announced and unannounced. Enlist people with different disabilities to role-play during emergency simulations. • Review existing procedures dealing with emergencies to ensure that people with disabilities can be alerted and that they can alert emergency service providers. • Work with disability organizations to explore the use of technologies such as audible exit signs for orientation and direction or vibrating paging systems. • Develop plans that consider the needs of people using mobility aids such as wheelchairs, walkers, canes, crutches, or other power-driven mobility devices, or those with limited stamina. Plans should also address those who use oxygen or respirators, those who are blind or have low vision, people who are deaf or have hearing loss, people who have a cognitive disability, people with mental illness, and those with other types of disabilities. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 22 Facilities City facilities should be accessible to people with different types of disabilities. A public entity is not necessarily required to make each of its existing facilities accessible, where other methods are effective in achieving program access. However, they must ensure that each service, program, or activity, when viewed in its entirety (28 CFR 35.150), is readily accessible to and usable by individuals with disabilities. The identification of structural barriers in facilities such as buildings, parks, and the public rights-of-way are a required element of an ADA Transition Plan. Required Actions • Ensure that the public can obtain information regarding the existence and location of accessible facilities, entrances, and elements within facilities (28 CFR 35.163). • Provide and maintain, in working order, features of facilities required to be accessible and usable for people with disabilities (28 CFR 35.133). • Ensure that people with disabilities are not excluded from programs due to the inaccessibility of City facilities (28 CFR 35.149). • Prioritize methods of achieving facility accessibility that offer the most integrated setting appropriate for people with disabilities (28 CFR 35.149). • Design and construct new facilities or new parts of facilities to meet accessibility requirements (28 CFR 35.151(a)). • Ensure that alterations to facilities meet accessibility requirements to the maximum extent feasible (28 CFR 35.151(b)). • Make reasonable modifications to permit the use of mobility devices, including other power-driven mobility devices, unless they cannot be operated in accordance with the City's adopted safety requirements for pedestrian facilities (28 CFR 35.137(b)(1)). Implementation Strategies • Provide information about the accessibility of City-owned and operated facilities on city publications, including city websites. This can include details about accessible entrances, bathrooms, and other elements. • Provide information about the accessibility of non-City facilities hosting City programs and services and City-owned facilities that are leased to other entities. • Record and monitor requests relating to facility access. The ADA Coordinator can analyze accessibility requests periodically to look for global issues that can be addressed and problems than can be solved proactively. • Develop formal standards for integrating ADA requirements into the design, construction, maintenance, and inspection of all Lake Oswego facilities. As part of this effort, develop and implement standards for enforcing accessibility provisions for contractors, consultants, vendors, etc. who design, construct, maintain, and inspect Lake Oswego facilities. • Identify or hire staff members tasked with accessibility plan review. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 23 3 Transition Plan Title II of the ADA requires that public entities having responsibility for or authority over facilities, streets, roads, sidewalks, or other areas meant for public use to develop a transition plan to ensure their facilities meet the standards for program accessibility. Program accessibility means that a program, activity, or service provided to the public is accessible when viewed in its entirety. Simply put, a transition plan assists in turning inaccessible facilities into environments that are accessible to and useable by individuals with disabilities. The process of developing an ADA transition plan includes the identification of access barriers within the built environment. The transition plan for the removal of structural barriers to program access must contain the following information: • Identification of the barriers to program access; • Identification of the specific barrier removal action(s); • Identification of a schedule for barrier removal; and • Identification of responsibility for ensuring barrier removal. This transition plan addresses facilities under the City’s ownership and maintenance responsibility and is organized into two parts: 1) parks, buildings, and parking facilities (Section 3.1), and 2) the public right-of-way (Section 3.2), which includes curb ramps, sidewalks, on- street parking, and pedestrian signal pushbuttons that fall within the City’s area of responsibility. 3.1 Park, Building, and Public Parking Facilities The process of developing an American with Disabilities Act (ADA) Transition Plan includes identifying access barriers within the built environment. In late 2020 and early 2021, the City of Lake Oswego evaluated the buildings, parking facilities, and parks where City programs, activities, and services are provided. The evaluation included locations not owned by the City but where programs, activities, and services a provided. For new City facilities in the process of construction, MIG conducted plan reviews instead of physical evaluations, with recommendations submitted separately to the City. These sites include the new Adult Community Center, City Hall, Tennis Center, and the proposed new Recreation and Aquatics Center. Accessibility Standards At the time of the facility evaluations, the 2010 ADA Standards, the 2015 Architectural Barriers Act (ABA) Standards for Outdoor Developed Areas, and the 2019 Oregon Structural Specialty Code (OSSC), Chapter 11 Accessibility that incorporates by reference ICC A117.1-2009 Accessible and Usable Buildings and Facilities and the Oregon Transportation Commission Standards for Accessible Parking Places August 2018, were used to identify barriers at City facilities. Building codes and standards are revised every few years. The barrier evaluations City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 24 conducted provide an assessment of current conditions as viewed by the current code and provide a baseline for future barrier removal. Facility Assessments The barrier assessments for buildings, parking facilities, and parks included all public interior and exterior elements of a site. The assessments identified physical barriers in each facility that limit accessibility and compared each facility to the 2010 ADA, 2019 OSSC and the 2015 ABA. Evaluations were undertaken using a consultant team equipped with measuring devices, City facility data, and evaluation checklists. Diagrams and maps of each site were annotated during the evaluation process and were included with the ADA Facility Assessment Report, available from the City. The ADA Facility Assessment Reports are a snapshot in time of the facility at the time of evaluation. The reports do not reflect the dates or history of construction or alterations of City facilities. The elements included in the evaluations are as follows: • Assembly Areas • Boating Facilities • Built-in Elements • Corridors/Aisles • Curb Ramps • Doors/Gates • Drinking Fountains • Eating Areas • Elevators • Fishing Piers and Platforms • Golf Course • Hazards • Lavatory/Sink • Libraries • Other Features • Outdoor Constructed Features • Outdoor Recreation Access Routes • Outdoor Recreation Trails • Parking Areas • Passenger Loading Zones • Picnic Areas • Play Equipment Areas • Programmatic Elements • Ramps • Restrooms • Rooms • Signs • Stairways • View Areas • Walks A summary of the barriers identified within the City’s buildings, parking facilities, and parks is included in the next section of this report. Identifying a feature that does not comply with the current access codes and standards does not automatically mean that the feature must be modified. Factors such as whether the feature complied with the standard at the time of its construction and/or the availability of similar programs, services, or activities provided at the same or other facilities must be considered to determine the approach to removing accessibility barriers. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 25 Facility Barrier Categorization The removal of accessibility barriers is guided by a categorization process referenced in the ADA regulations. The principle is to ensure that basic access is provided, access to activities is provided, amenities are accessible, and alternatives to architectural modifications are allowed when appropriate. Translating these categories into action plans must be accomplished using a programmatic approach. The site priorities are divided into four categories: • Category One: The highest category is placed on those barrier removal items that provide accessibility at the main entrance of a facility or improve an accessible route to the portion of the facility where program activities take place (e.g., parking, walks, ramps, doors, etc.). • Category Two: A second category is placed on those barrier removal items that improve or enhance access to program use areas (e.g., transaction counters, conference rooms, public offices, restrooms, etc.). • Category Three: A third category is placed on those barrier removal items that improve access to amenities serving program areas (e.g., drinking fountains, telephones, site furnishings). • Category Four: A fourth category identifies areas or features not required to be modified for accessibility (no public programs located in the area or a duplicate feature). This categorization was applied to each identified barrier at Lake Oswego buildings, parking facilities, and parks. Some barriers will require further evaluation by City staff for programmatic solutions. These barriers have been assigned two category values (i.e. “2 or 4”), indicating the barrier will need to be assigned one of the values but not both. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 26 Priorities for Barrier Removal at City Facilities To develop a phasing schedule for the removal of barriers at the City’s facilities, prioritization criteria were developed with input from the ADA stakeholder group and prioritization meetings conducted with City staff. All facilities in which the City provides programs, activities, and services were reviewed based on the following criteria: • Identified Complaints or Requests: Facilities with a history of citizen complaints or requests related to accessibility can be assigned a higher priority. • Level of Use by the Public: Facilities that have a high level of public use are a higher priority. • Proximity to Transit Facilities: Facilities that have access to transit facilities have a higher priority. • Program Uniqueness: Some programs are unique to a building, facility, or population and cannot occur at another location. • Geographic Distribution: By selecting a range of facilities that are distributed throughout the city, the city can ensure maximum access for all residents. • Citizen Rights and Responsibilities: Facilities where services are provided to exercise citizen rights—participation in City Council and Commission meetings, access to elected officials, facilities where taxes are paid, permits, and licenses are obtained, etc. • Recognized User Groups: Facilities where programs are serving youth, seniors, and people with special needs are provided. • Planned Obsolescence: Identification of facilities with capital projects replacing the existing facility can be assigned a lower priority. It is the intent of the City to address and remove barriers to accessibility in public buildings, parks, and parking facilities based upon the immediate necessity of programmatic access, degree of complexity, and overall cost. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 27 Schedule for City Facility Improvements This Plan proposes a 15-year strategy for removing barriers at City facilities that limit program accessibility. Barriers identified at City facilities will be removed systematically based on established program priorities. It is the intent of the City to address and remove barriers to accessibility at its facilities based on the need for programmatic access. The barrier removal schedule is summarized on the following pages. It is the City’s intent to review all barriers during the first three years of Plan implementation and address those barriers that can be resolved through programmatic modifications and maintenance tasks. The City will then revise the schedule for removal of the remaining barriers. It is also assumed that as facility barriers are evaluated in greater detail as part of future projects and complaints, a percentage of the barriers will fall within the safe harbor provisions, explained in Section 4 of this document. The City will then revise and update the inventory of barriers and, when applicable, revise the schedule for the removal of remaining barriers. The transition plan phasing tables are organized by type of facility and represent an initial 15- year plan for barrier removal. The initial schedules were developed based on staff discussions and priorities described for facilities within this section. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 28 Buildings, Parking Facilities, and Parks The ADA evaluation included nine city owned buildings, three parking structures and three public parking lots, 24 city-owned parks, and a variety of leased program spaces. This section describes each site with a summary of barriers to accessibility, followed by the transition plan phasing schedule. Maps later in this section illustrate the location of the facilities. Buildings The evaluation included the following locations: • Iron Workers Museum • Jean Road Fire Station • Lake Oswego Public Golf Course & Club House • Library • Main Fire Station • Public Works/Maintenance Building • South Shore Fire Station • Water Treatment Plant • Westlake Fire Station The barriers are summarized for each location. An accessible route encompasses corridors/aisles, curb ramps, ramps, stairways, walks, etc. Program specific barriers include features that are typically unique to certain facilities, such as eating areas, outdoor constructed features, or library elements. Room elements include built-in elements. Iron Workers Museum This facility is located at 40 Wilbur Street. • Barriers identified include the following features: parking, walks, doors/gates, and restrooms. Jean Road Fire Station This facility is located at 4555 Jean Road. • Barriers identified include the following features: parking, hazards, doors/gates, built-in elements, and restrooms. Lake Oswego Public Golf Course & Clubhouse This facility is located at 17525 SW Stafford Road. • Barriers identified include the following features: parking, curb ramps, walks, hazards, doors/gates, drinking fountains, built-in elements, restrooms, eating areas, outdoor constructed features, golf course elements, and other features. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 29 Library This facility is located at 706 4th Street. • Barriers identified include the following features: parking, walks, ramps, stairways, doors/gates, hazards, drinking fountains, elevators, restrooms, and library elements. Main Fire Station This facility is located at 300 B Avenue. • Barriers identified include the following features: parking, stairways, walks, hazards, doors/gates, restrooms, outdoor constructed features, and programmatic elements. Public Works/Maintenance Building This facility is located at 17601 Pilkington Road. • Barriers identified include the following features: parking, walks, hazards, doors/gates, built-in elements, rooms, and restrooms. South Shore Fire Station This facility is located at 1880 South Shore Boulevard. • Barriers identified include the following features: doors/gates and restrooms. Water Treatment Plant This facility is located at 4260 Kenthorpe Way in West Linn. • Barriers identified include the following features: parking, walks, stairways, doors/gates, elevators, corridors/aisles, restrooms, and programmatic elements. Westlake Fire Station This facility is located at 4900 Melrose Street. • Barriers identified include the following features: parking, walks, stairways, doors/gates, built-in elements, restrooms, and rooms. In the tables on the following pages in this section the ‘X’ in the column indicates the barrier removal activities are planned and a blank cell indicates that barrier removal activities are not planned. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 30 Table 1: Transition Plan Phasing Schedule for City Buildings Facility Years 1-3 Years 1-5 Years 1-10 Years 1-15 Iron Workers Museum X X Jean Road Fire Station X X X Lake Oswego Public Golf Course & Club House X X Library X X X X Main Fire Station X X X X Public Works/Maintenance Building X X South Shore Fire Station X X Water Treatment Plant X X X Westlake Fire Station X X X X Public Parking Facilities The evaluations included the following public parking facilities: • Parking Lot - 1st Ave & B Avenue • Parking Lot - 11 Foothills Road • Parking Lot - 442 N State St • Lakeview Parking Garage • Trolley Station • Windward Parking Garage The barriers are summarized for each location. An accessible route encompasses curb ramps, ramps, hazards, stairways, walks, etc. Parking Lot - 1st/B Ave This parking facility has 25 total spaces with one accessible parking space. • Barriers identified include the following features: parking and walks. Parking Lot - 11 Foothills Road This parking facility has 43 spaces and does not provide an accessible parking space. • Barriers identified include the following features: parking and curb ramps. Parking Lot - 442 N State Street This parking facility has 16 spaces and does not provide an accessible parking space. • Barriers identified include the following features: parking. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 31 Lakeview Parking Garage This parking facility has 365 total spaces with eight accessible parking spaces. • Barriers identified include the following features: parking, hazards, ramps, doors/gates, and elevators. Trolley Station This facility is located at 311 N State Street. • Barriers identified include the following features: parking, walks, hazards, doors/gates, built-in elements, restrooms, and outdoor constructed features. Windward Parking Garage This parking facility has 147 total spaces with six accessible parking spaces. • Barriers identified include the following features: parking, hazards, and doors/gates. Table 2: Transition Plan Phasing Schedule for Public Parking Facilities Facility Years 1-3 Years 1-5 Years 1-10 Years 1-15 Parking Lot - 1st and B Avenue X X Parking Lot - 11 Foothills Rd X X Parking Lot - 442 State Street X X Lakeview Parking Garage X X Trolley Station X X Winward Parking Garage X X City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 32 Parks The evaluations included the following locations: • Bryant Woods Nature Park • Charlie S. Brown Water Sports Center • Foothills Park • Freepons Park • George Rogers Park • Glenmorrie Park • Greentree Park • Hazelia Field • Hide-A-Way Park • Lake Oswego Swim Park • Luscher Farm • McNary Park • Millenium Plaza Park • Pilkington Park • Pine Cone Park • Roehr Park • Rossman Park • Stafford Basin/Rosemont Trail • Sundeleaf Plaza • Tryon Cove Park • Waluga Park East • Waluga Park West • Westlake Park • Westridge Park The barrier assessment process did not include the evaluation of soft surface outdoor recreation trails and pathways, and the following park sites have no other developed public facilities: • Canal Acres Park • Cooks Butte Park • River Run Park • South Shore Natural Area • Southwood Park • Stevens Meadow The barriers are summarized for each location. Accessible routes encompass curb ramps, ramps, stairways, walks, hazards, etc. Program specific barriers include features that are typically unique to certain facilities, such as built-in elements, assembly areas, fishing or boating facilities, trails, and other programmatic elements. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 33 Bryant Woods Nature Park Amenities at this park include a parking area and soft surface trails. • Barriers identified include the following features: parking. Charlie S. Brown Water Sports Center Amenities at this park include a gangway and floating boat dock. • Barriers identified include the following features: walks, outdoor constructed features, and boating facilities. Foothills Park Amenities at this park include river access for hand carry and larger boats, sweeping views of the Willamette River, a grass amphitheater, accessible restrooms, and a covered picnic area with a grill and fireplace. • Barriers identified include the following features: parking, passenger loading zones, walks, doors/gates, drinking fountains, restrooms, picnic areas, outdoor constructed features, lavatory/sinks, and other features. Freepons Park Amenities at this community park include pathways, playground equipment, and picnic tables. • Barriers identified include the following features: parking, walks, picnic areas, outdoor constructed features, play equipment areas, and other features. George Rogers Park Amenities at this community park include athletic fields, tennis/pickleball courts, a large playground, picnic shelters, river views and beach access, and restrooms. • Barriers identified include the following features: parking, walks, ramps, hazards, doors/gates, drinking fountains, built-in elements, restrooms, game and sports areas, picnic areas, outdoor constructed features, outdoor recreation access routes, play equipment areas, and other features. Glenmorrie Park Amenities at this small neighborhood park include a pathway and playground. • Barriers identified include the following features: walks, play equipment areas, and other features. Greentree Park Amenities at this mini park include a play area and half-court basketball court. • Barriers identified include the following features: walks, game and sports areas, picnic areas, outdoor constructed features, play equipment areas, and other features. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 34 Hazelia Field Amenities at this park include two fenced dog parks, a large turf athletic field, a play area, and restrooms. • Barriers identified include the following features: parking, walks, doors/gates, drinking fountains, restrooms, picnic areas, outdoor constructed features, play equipment areas, and other features. Hide-A-Way Park Amenities at this small neighborhood park include a pathway and playground. • Barriers identified include the following features: walks, outdoor constructed features, and play equipment areas. Lake Oswego Swim Park Amenities at this park a lake swimming area accessed via steep hill. • Barriers identified include the following features: programmatic elements. Luscher Farm Amenities at this facility include community gardens, a gravel parking area, barn and garage areas used for camp programming, picnic tables, and a clematis garden walking area. • Barriers identified include the following features: parking, walks, doors/gates, restrooms, picnic areas, programmatic elements, and other features. McNary Park Amenities at this community park include a playground, pathways, and an off-leash dog area. • Barriers identified include the following features: walks, outdoor constructed features, play equipment areas, and other features. Millenium Plaza Park Amenities at this downtown park include a paved plaza, tables, and restrooms. • Barriers identified include the following features: ramps, hazards, doors/gates, drinking fountains, built-in elements, and restrooms. Pilkington Park Amenities at this neighborhood park include a playground, picnic tables, and an off-leash dog area. • Barriers identified include the following features: parking, curb ramps, walks, drinking fountains, and picnic areas. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 35 Pine Cone Park Amenities at this small neighborhood park include a playground, pathway, and benches. • Barriers identified include the following features: curb ramps, walks, outdoor constructed features, and play equipment areas. Roehr Park Amenities at this riverfront park include viewing decks, lighted pathways, benches, restrooms, an amphitheater, and access to the Charlie S. Brown Water Sports Center. • Barriers identified include the following features: walks, ramps, doors/gates, drinking fountains, restrooms, assembly areas, picnic areas, outdoor constructed features, view areas, play equipment areas, fishing piers and platforms, and other features. Rossman Park Amenities at this downtown neighborhood park include a covered picnic area, playground, pathways, and cornhole court. • Barriers identified include the following features: curb ramps, walks, drinking fountains, game and sports areas, picnic areas, outdoor constructed features, play equipment areas, and other features. Stafford Basin/Rosemont Trail Amenities at this facility include a paved trail, interpretive features, and parking area. • Barriers identified include the following features: parking, walks, picnic areas, trails, and other features. Sundeleaf Plaza Amenities at this urban park include restrooms, benches, and lake views. • Barriers identified include the following features: hazards, doors/gates, and restrooms. Tryon Cove Park Amenities at this small riverfront park include picnic tables, a dock, and beach area. • Barriers identified include the following features: parking, walks, picnic areas, outdoor recreation access routes, and boating facilities. Waluga Park East Amenities at this park include baseball fields, a playground, picnic shelter, and restrooms. • Barriers identified include the following features: parking, curb ramps, walks, ramps, hazards, doors/gates, drinking fountains, built-in elements, rooms, restrooms, game and sports areas, picnic areas, outdoor constructed features, play equipment areas, and other features. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 36 Waluga Park West Amenities at this park include a walking path, fenced dog park, playground, fitness equipment, and covered picnic shelter. • Barriers identified include the following features: parking, walks, doors/gates, drinking fountains, restrooms, picnic areas, play equipment areas, and other features. Westlake Park Amenities at this large athletic park include baseball/softball fields, soccer fields, tennis courts, full court basketball, a covered playground, covered picnic shelter, and restrooms. • Barriers identified include the following features: parking, curb ramps, walks, ramps, stairways, hazards, doors/gates, drinking fountains, built-in elements, restrooms, game and sports areas, picnic areas, outdoor constructed features, play equipment areas, and other features. Westridge Park Amenities at this neighborhood park include pathways, a playground, and picnic table. • Barriers identified include the following features: walks, drinking fountains, picnic areas, play equipment areas, and other features. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 37 Table 3: Transition Plan Phasing Schedule for City Parks Facility Years 1-3 Years 1-5 Years 1-10 Years 1-15 Bryant Woods Nature Park X X Charlie S. Brown Water Sports Center X X Foothills Park X X Freepons Park X X George Rogers Park X X Glenmorrie Park X X Greentree Park X X Hazelia Field X X Hide-A-Way Park X X Lake Oswego Swim Park X X Luscher Farm X X McNary Park X X Millennium Plaza Park X X Pilkington Park X X Pine Cone Park X X Roehr Park X X Rossman Park X X Stafford Basin/Rosemont Trail X X Sundeleaf Plaza X X Tryon Cove Park X X Waluga Park East X X Waluga Park West X X Westlake Park X X Westridge Park X X City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 38 Leased Facilities In addition to City owned and maintained facilities, the City evaluated the program spaces of its leased facilities and locations where City programs are offered but the facility is not owned or managed by the City to ensure accessibility barriers are addressed. The programs in these facilities have been or will be relocated to an accessible location or the removal of barriers will be negotiated with the entity responsible for maintenance or alterations at the site. The following locations were evaluated: • Academy of Ballet & Dance Arts • Christ Church Episcopal Parish • Forest Hills Elementary • Greentree Art Studio • Love Grove Elementary Athletic Field • Lake Oswego Junior High • Mary S. Young Park In addition to the facilities listed above, the Lakewood Center for the Arts and the Oswego Heritage House were evaluated, but since the reopening of the Adult Community Center (ACC) the programs at these spaces have been relocated. Academy of Ballet & Dance Arts This facility is located at 311 B Avenue. The City contracts the services provided for Parks & Recreation programming. • Barriers identified include the following features: parking, curb ramps, walks, ramps, stairways, doors/gates, elevators, drinking fountains, corridors/aisles, and restrooms. Christ Church Episcopal Parish This facility is located at 1060 Chandler Road. Parks & Recreation currently rents space at this location. The City anticipates moving most of its programming to the proposed Recreation and Aquatics Center when built. • Barriers identified include the following features: parking, curb ramps, walks, ramps stairways, hazards, doors/gates, drinking fountains, elevators, corridors/aisles, restrooms, and eating areas. Forest Hills Elementary This facility is located at 1133 Andrews Road. Parks & Recreation currently rents space at this location. The City anticipates moving its programming to the proposed Recreation and Aquatics Center when built. • Barriers identified include the following features: parking, walks, and doors/gates. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 39 Greentree Art Studio This facility is located at 2766 Greentree Road. The City contracts the services provided for Parks & Recreation programming. • Barriers identified include the following features: walks, doors/gates, and rooms. Lake Grove Elementary Athletic Field Amenities at this school facility include a softball field and parking area. • Barriers identified include the following features: parking, walks, and game and sports areas. Lake Oswego Junior High This facility is located at 2500 Country Club Road. Parks & Recreation currently rents space at this location. The City anticipates moving its programming to the proposed Recreation and Aquatics Center when built. • Barriers identified include the following features: parking, passenger loading zones, curb ramps, hazards, doors/gates, drinking fountains, corridors/aisles, rooms, and restrooms. Mary S. Young Park Amenities at this West Linn facility include a covered picnic shelter, restrooms, pathways, and trails leading to river access. • Barriers identified include the following features: parking, curb ramps, walks, doors/gates, drinking fountains, restrooms, picnic areas, outdoor constructed features, trails, and other elements. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 40 Approach for Barrier Removal at City Facilities The City reserves the right to modify barrier removal priorities to allow flexibility in accommodating community requests, petitions for reasonable modifications from people with disabilities, changes in City programs, and funding opportunities and constraints. It is the goal of this Plan to provide access to the programs, activities, and services provided by the City. ADA regulations state that if a transition plan will take more than one year to fully implement, it must contain interim steps to provide program accessibility. Interim measures will be explored and implemented to provide better access for the public pending the implementation of major physical barrier removal projects. Interim measures in this Plan may include: • relocating a program to an accessible facility, • the installation of directional signs, • the installation of a power door or lift, • adjustments to operating mechanisms, • temporary modifications that increase access, or • other actions that enable better access. The City will accomplish barrier removals in its buildings, parks, and parking facilities either through policy and procedure modifications to remove programmatic barriers, or maintenance and construction projects to remove structural barriers. The information contained in the ADA facility assessment reports has been incorporated into barrier analysis Excel workbook with companion facility GIS data, which is intended to be the living Transition Plan and the City's ongoing record of the remediation of barriers. The tracking tool will be updated over time as the City removes barriers or finds programmatic solutions to barriers. The record is maintained by the City's ADA Coordinator. For the current status of the remediation of barriers, contact the City’s ADA Coordinator. Projects Completed During the Plan’s Development • WO 260-Construction of the new City Hall was completed in September 2021. Accessibility, safety and sustainability were top priorities in the design of the new City Hall. • WO 295 - The Adult Community Center was remodeled to provide more accessibility throughout the building and a sound system was installed in the classrooms designed to enhance the audio for those with hearing aids. The building reopened in March 2022. • WO 308 & WO 309- New ADA accessible bathrooms installed at lower George Rogers Park and East Waluga Park in 2021. Lake Oswego ADA Self-Evaluation & Transition Plan Context Park Street Water Feature City Limits June 2021 I 0 0.5 0.25 Miles Map 1: Evaluated Buildings and Parking Lots Lake Oswego ADA Self-Evaluation & Transition Plan Context Trail Street Park (Evaluated*) Park (Other) Water Feature City Limits *Park features where Lake Oswego provides programs were evaluated at Mary S. Young Park located in West Linn. June 2021 I M 0 0.25 0.5 iles Map 2: Evaluated Parks City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 43 3.2 Facilities in the Public Right-of-Way The City of Lake Oswego evaluated city maintained pedestrian access routes in the public right- of-way for ADA barriers in the summer and fall of 2020. The evaluations of right-of-way facilities were completed using a consultant team equipped with measuring devices, City facility data, and evaluation checklists. The accessibility barrier field observations were collected into a GIS database. The facilities evaluated include curb ramps, sidewalks, crosswalks, pedestrian pushbuttons, on-street parking, and pedestrian accessibility hazards. Pedestrian hazards include changes of level, driveway cross slopes greater than two percent, overhanging and protruding objects, openings greater than one-half inch or parallel to the direction of travel, obstacles that narrow the width of the accessible route, and surfaces that are not firm, stable, and slip-resistant. This section summarizes each of the types of facilities evaluated and the information collected. Accessibility Standards At the time of the facilities evaluations, the 2010 ADA Standards, 2011 Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG), the 2009 r1 and r2 Manual on Uniform Traffic Control Devices (MUTCD), and the Oregon Transportation Commission Standards for Accessible Parking Places August 2018 were used to identify barriers at right-of-way facilities under the City’s responsibility. Codes and standards are revised every few years and the barrier evaluations conducted provide an assessment of existing conditions as viewed by current code and provide a baseline for future barrier removal. Public Right-of-Way Prioritization Draft prioritization criteria for assigning the barrier removal phasing schedule were developed using title II regulation § 35.150(d)(2). If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas. The draft prioritization criteria include the following: • Locations serving government offices and public facilities; • Locations serving transportation; • Locations serving commercial districts and employers; and • Locations serving other areas. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 44 Priorities for Barrier Removal Matrices on the following pages illustrate the prioritization criteria for curb ramps, pedestrian access routes, pedestrian crossing times and pushbuttons, and on-street parking barrier removal projects in the City’s public right-of-way. Pedestrian access route information includes identified barriers along the sidewalks, crosswalks, and includes the identifications of hazards along the pedestrian route. Each facility evaluated was assigned a rank based on its barrier priority and category. The priority assigned is based on the aforementioned criteria and the barrier category is based on the condition of the facility. The descriptions for each category are provided after each matrix. The highest ranked facilities are shaded in dark blue, medium ranked in a lighter shade of blue, and lower ranked in the lightest shade of blue. The facilities with no assigned rank have no access deficiencies identified and have no assigned color. The columns in the matrix indicate the assigned priority and are in order of importance from left to right, with the left column having the highest importance. The rows indicate the category of condition assigned to each facility during the evaluation process, with the top row having the highest importance. Note that categories are hierarchical: higher level categories (i.e., one and two) may include lower- level category conditions (i.e., three and four), but lower-level categories cannot include higher level category conditions. The categories of barriers for curb ramps and pedestrian access routes have been organized by identified ADA barrier and by road classification. There are three road classifications within Lake Oswego and included arterial, collector, and local streets. Arterial streets have a higher volume and speed of vehicular traffic when compared to local streets. The pedestrian signals and pushbuttons categories are organized by ADA barrier and MUTCD standard and guidance. A standard in the MUTCD is required or mandatory to be followed and guidance in the MUTCD is recommended but not mandatory. Each matrix is followed by a description of the barrier categories; maps illustrating the locations of identified barriers by priority; and summary tables of the barrier removal priorities. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 45 Curb Ramps Table 4: Curb Ramp Priority Matrix ADA 35.150(d) Geospatial Proximity Priorities - Columns B, C, D, and E A B C D E Priorities (Category) Priority Description Location of Citizen ADA Complaint and/or Request Location Serving Government Offices & Public Facilities Location Serving Transportation Location Serving Commercial Districts, Employers Location Serving Other Areas 1 See Table 5 Category 1 Description A1 B1 C1 D1 E1 2 See Table 6 Category 2 Description A2 B2 C2 D2 E2 3 See Table 7 Category 3 Description A3 B3 C3 D3 E3 4 See Table 8 Category 4 Description A4 B4 C4 D4 E4 5 See Table 9 No deficiencies identified A5 B5 C5 D5 E5 High Priority ------------------------------------------------------------------------------| Medium Priority ----------------------------------------------------------| Low Priority ---------------------------------------------------------------| City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 46 Table 5: Curb Ramp Category 1 Descriptions Road Classification Arterial Street Collector Street Local Street Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 Identified ADA Barrier The curb ramp is built-up in the travel lane. The curb ramp is significantly damaged or deteriorated and is unsafe. There is a sidewalk with no curb ramp access or there is an obstruction to accessing the curb ramp. The curb ramp has no detectable warning. Non-standard ramp type with non-compliant cross slope and/or ramp slope. The width and length of the pedestrian refuge island does not meet any standard. The curb ramp has no receiving ramp. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 47 Table 6: Curb Ramp Category 2 Descriptions Road Classification Arterial Street Collector Street Local Street Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 Identified ADA Barrier The curb ramp does not have a firm, stable, and slip resistance surface and/or has openings greater than a half-inch or parallel with the direction of travel. The curb ramp is not located within marked crossings (when present). Cross slope of ramp exceeds two percent. Running slope of ramp exceeds 8.33 percent. There is a grade break on the ramp surface. Cross slope of ramp exceeds two percent and grade of road when located midblock or at an intersection without yield or stop control. Slope of ramp flared sides (if applicable) exceeds 10 percent and is part of the circulation path Width of ramp is less than 48 inches. A three-by-four-foot clear space at the bottom of the ramp outside of the travel lane is not provided. Curb ramp has turning space that does not meet any existing standards. The curb ramp has a lip or vertical discontinuity greater than a half-inch. The detectable warning provided meets no existing standard or is damaged. The length of surface between detectable warnings on a pedestrian refuge island is less than 24 inches. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 48 Table 7: Curb Ramp Category 3 Descriptions Road Classification Arterial Street Collector Street Local Street Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 Identified ADA Barrier Counter slope of the curb ramp is greater than five percent. Curb ramp with constrained turning space is less than four-by-five feet. Turning space is less than four-by-four feet. A four-by-four-foot clear space at the bottom of the ramp outside of the travel lane is not provided. The detectable warning provided does not meet PROWAG standard. Slope of ramp flared sides (if applicable) exceeds 8.33 percent and is less than or equal to 10 percent and is part of the circulation path. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 49 Table 8: Curb Ramp Category 4 Descriptions Road Classification Arterial Street Collector Street Local Street Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 Identified ADA Barrier The width and length of the pedestrian refuge island does not meet PROWAG standard. End of walk due to road terminating with no exit ramp. End of walk midblock with no exit ramp. The curb ramp has a lip or vertical discontinuity less than a half-inch. Turning space is not designed to prevent the accumulation of water. Slope of ramp flared sides (if applicable) exceeds 10 percent and is not a part of the circulation path. Table 9: Curb Ramp Category 5 Descriptions Road Classification Arterial Street Collector Street Local Street Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 Identified ADA Barrier No deficiencies identified Shared diagonal perpendicular or shared parallel curb ramp design without existing physical constraints Lake Oswego ADA Self-Evaluation & Transition Plan Map 3: Curb Ramp Barrier Removal Projects Barrier Removal Rank !( High !( Medium !( Low !( No deficiencies identified Context Street Park Water Feature City Limits January 2021 I Miles 0 0.25 0.5 City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 51 Table 10: Curb Ramp Barrier Summary by Rank Rank Total Curb Ramps Percent of Total High 323 14.7% Medium 735 33.4% Low 1054 47.9% No Deficiency 88 4.0% Total 2,200 100.0% City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 52 Table 11: Curb Ramp Barrier Summary by Rank and Category Rank Category Priority Total Curb Ramps Percent of Total High 1 B1 43 2.0% High 1 C1 192 8.7% High 1 D1 9 0.4% High 1 B2 79 3.6% Medium 1 E1 95 4.3% Medium 2 C2 324 14.7% Medium 2 D2 19 0.9% Medium 3 B3 58 2.6% Medium 3 C3 234 10.6% Medium 3 D3 5 0.2% Low 2 E2 511 23.2% Low 3 E3 170 7.7% Low 4 B4 46 2.1% Low 4 C4 143 6.5% Low 4 D4 13 0.6% Low 4 E4 171 7.8% No Deficiencies 5 B5 19 0.9% No Deficiencies 5 C5 54 2.5% No Deficiencies 5 D5 1 0.0% No Deficiencies 5 E5 14 0.6% City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 53 Pedestrian Access Routes Table 12: Pedestrian Access Route Priority Matrix ADA 35.150(d) Geospatial Proximity Priorities - Columns B, C, D, and E A B C D E Priorities (Category) Priority Description Location of Citizen ADA Complaint and/or Request Location Serving Government Offices & Public Facilities Location Serving Transportation Location Serving Commercial Districts, Employers Location Serving Other Areas 1 See Table 13 Category 1 Description A1 B1 C1 D1 E1 2 See Table 14 Category 2 Description A2 B2 C2 D2 E2 3 See Table 15 Category 3 Description A3 B3 C3 D3 E3 4 See Table 16 Category 4 Description A4 B4 C4 D4 E4 5 See Table 17 No deficiencies identified A5 B5 C5 D5 E5 High Priority ----------------------------------------------------------------------------| Medium Priority -----------------------------------------------| Low Priority ---------------------------------------------------------------------------| City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 54 Table 13: Pedestrian Access Route Category 1 Descriptions Road Classification Arterial Street Collector Street Local Street Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 Identified ADA Barrier A detectable warning surface is not provided at the railroad crossing. Railroad flangeway gap is greater than three inches for freight rail or two and a half for non-freight rail. The sidewalk condition is poor with cracking, spalling, heaving, or other condition. The constructed width of the sidewalk width is less than 36 inches. The sidewalk cross slope is below two percent for less than one-quarter of its length. Running slope of crosswalk is greater than five percent. Cross slope of crosswalk with yield or stop control is greater than two percent. Cross slope of crosswalk with no yield or stop control is greater than five percent. Crosswalk surface is not firm, stable, and slip resistant. The sidewalk surface is firm, stable, and slip-resistant for less than one-quarter of its length. The sidewalk has a significant number of vertical changes that exceed a quarter inch – and– openings greater than a half inch or are parallel to direction of travel (more than three per 100 feet). The sidewalk has a significant number of overhanging–and– protruding objects (more than one per 100 feet). The sidewalk has a significant number of driveway entries where cross slope exceeds two percent (more than two per 100 feet). City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 55 Road Classification Arterial Street Collector Street Local Street Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 Identified ADA Barrier The sidewalk has a significant number of obstacles that narrow the width of the walk to less than four feet (more than one per 100 feet). The sidewalk has a significant number of utility lids that are not slip-resistant (more than one per 100 feet). City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 56 Table 14: Pedestrian Access Route Category 2 Descriptions Road Classification Arterial Street Collector Street Local Street Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 Identified ADA Barrier Detectable warning surface placement at rail crossing is less than six feet or greater than 15 feet. The constructed width of the sidewalk width is less than 48 inches but greater than 36 inches. The sidewalk has a significant number of instances where running slope exceeds grade of road and is >5.0% (more than one per 100 feet). The sidewalk cross slope is below two percent for one-quarter to one-half of its length. The sidewalk surface is firm, stable, and slip-resistant for one-quarter to one-half of its length. The sidewalk has a significant number of vertical changes that exceed a quarter inch – or– openings greater than a half inch or are parallel to direction of travel (more than three per 100 feet). The sidewalk has a significant number of overhanging –or– protruding objects (more than one per 100 feet). The sidewalk has a significant number of driveway entries where cross slope exceeds two percent (more than one per 100 feet). The sidewalk has an obstacle that narrow the width of the walk to less than four feet (fewer than one per 100 feet). The sidewalk has utility lids that are not slip-resistant (fewer than one per 100 feet). City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 57 Table 15: Pedestrian Access Route Category 3 Descriptions Road Classification Arterial Street Collector Street Local Street Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 Identified ADA Barrier The sidewalk width is less than five feet without a passing space. The sidewalk has a number of instances where running slope exceeds grade of road and is >5.0% (fewer than one per 100 feet). The sidewalk cross slope is below two percent for one-half to three-quarters of its length. The sidewalk surface is firm, stable, and slip-resistant for one-half to three-quarters of its length. The sidewalk has vertical changes that exceed a quarter inch –or– openings greater than a half inch or are parallel to direction of travel (fewer than three per 100 feet). The sidewalk has a significant number of overhanging –or– protruding objects (fewer than one per 100 feet). The sidewalk has a significant number of driveway entries where cross slope exceeds two percent (fewer than one per 100 feet). City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 58 Table 16: Pedestrian Access Route Category 4 Descriptions Road Classification Arterial Street Collector Local Street Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 Identified ADA Barrier The sidewalk cross slope is below two percent for three-quarters to its length. The sidewalk surface is firm, stable, and slip-resistant for three-quarters to its length. Table 17: Pedestrian Access Route Category 5 Descriptions Road Classification Arterial Street Collector Local Street Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 Identified ADA Barrier No deficiencies identified. Lake Oswego ADA Self-Evaluation & Transition Plan Map 4: Pedestrian Access Route Barrier Removal Projects: Sidewalks Barrier Removal Rank !( High !( Medium !( Low !( No deficiencies identified Context Street Park Water Feature City Limits January 2021 I Miles 0 0.25 0.5 Lake Oswego ADA Self-Evaluation & Transition Plan Map 5: Pedestrian Access Route Barrier Removal Projects: Crosswalks Barrier Removal Rank !( High !( Medium !( Low !( No deficiencies identified Context Street Park Water Feature City Limits January 2021 I Miles 0 0.25 0.5 Lake Oswego ADA Self-Evaluation & Transition Plan Map 6: Pedestrian Access Route Barrier Removal Projects: Railroad Crossings Barrier Removal Rank !( !( High No deficiencies identified Context Street Park Water Feature City Limits January 2021 I Miles 0 0.25 0.5 City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 62 Table 18: Pedestrian Access Route Barrier Summary by Rank - Sidewalks Rank Total Sidewalk Percent of Total High 109 7.2% Medium 510 33.8% Low 851 56.5% No Deficiency 37 2.5% Total 1,507 100.0% City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 63 Table 19: Pedestrian Access Route Barrier Summary by Rank and Category - Sidewalks Rank Category Priority Total Sidewalk Segment Percent of Total High 1 B1 15 1.0% High 1 C1 48 3.2% High 2 B2 46 3.1% Medium 1 E1 2 0.1% Medium 2 C2 270 17.9% Medium 2 D2 13 0.9% Medium 3 B3 45 3.0% Medium 3 C3 176 11.7% Medium 3 D3 4 0.3% Low 2 E2 312 20.7% Low 3 E3 277 18.4% Low 4 B4 30 2.0% Low 4 C4 101 6.7% Low 4 D4 7 0.5% Low 4 E4 124 8.2% No Deficiencies 5 B5 1 0.1% No Deficiencies 5 C5 18 1.2% No Deficiencies 5 E5 18 1.2% City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 64 Table 20: Pedestrian Access Route Barrier Summary by Rank - Crosswalks Rank Total Crosswalks Percent of Total High 102 9.2% Medium 211 19.1% Low 237 21.5% No Deficiency 553 50.1% Table 21: Pedestrian Access Route Barrier Summary by Rank and Category - Crosswalks Rank Category Priority Total Crosswalks Percent of Total High 1 B1 18 1.6% High 1 C1 46 4.2% High 2 B2 38 3.4% Medium 1 E1 3 0.3% Medium 2 C2 202 18.3% Medium 2 D2 6 0.5% Low 2 E2 237 21.5% No Deficiencies 5 B5 57 5.2% No Deficiencies 5 C5 234 21.2% No Deficiencies 5 D5 12 1.1% No Deficiencies 5 E5 250 22.7% City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 65 Table 22: Pedestrian Access Route Barrier Summary by Rank – Railroad Crossings Rank Total Railroad Crossings Percent of Total High 9 90.0% No Deficiency 1 10.0% Total 10 100.0% Table 23: Pedestrian Access Route Barrier Summary by Rank and Category - Railroad Crossings Rank Category Priority Total Railroad Crossings Percent of Total High 1 B1 2 20.0% High 1 C1 7 70.0% No Deficiencies 5 C5 1 10.0% City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 66 Pedestrian Crossing Times and Pushbuttons Table 24: Pedestrian Crossing Time and Pushbuttons Priority Matrix ADA 35.150(d) Geospatial Proximity Priorities - Columns B, C, D, and E A B C D E Priorities (Category) Priority Description Location of Citizen ADA Complaint and/or Request Location Serving Government Offices & Public Facilities Location Serving Transportation Location Serving Commercial Districts, Employers Location Serving Other Areas 1 See Table 25 Category 1 Description A1 B1 C1 D1 E1 2 See Table 25 Category 2 Description A2 B2 C2 D2 E2 3 See Table 25 Category 3 Description A3 B3 C3 D3 E3 4 See Table 25 No deficiencies identified A4 B4 C4 D4 E4 High Priority -----------------------------------------------------------| Medium Priority -------------------------------------------------------| Low Priority ------------------------------| City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 67 Table 25: Pedestrian Crossing Time and Pushbutton Barrier Descriptions Category 1: • Accessible pedestrian signal is not provided (PROWAG R209). • Pedestrian crossing time is insufficient. Category 2 (2009 MUTCD Standard): • Level clear space at push button not provided. • Reach to push button from clear space is obstructed. • Operating force of pushbutton exceeds five pounds of force. • The pushbutton does not have a sign adjacent to or integral with the pushbutton. • Pushbutton sign does not clearly indicate which crosswalk signal is actuated. • Pushbutton pilot light (if applicable) does not activate. • A locator tone is not provided. • A tactile arrow is not provided. • Pushbutton locator tone activates or deactivates at incorrect time. • Pushbutton locator tone duration and intensity needs adjustment. • Audible features of accessible pedestrian signal needs adjustment. Category 2 (cont.): • Speech walk message of accessible pedestrian signal needs adjustment. • Extended pushbutton feature needs adjustment. Category 3 (2009 MUTCD Guidance): • Pushbutton is located more than 10 feet from curb, shoulder, or pavement. • Pushbutton is farther than five feet from the crosswalk line farthest from the intersection (when applicable). • Pushbutton height is not within 42 to 48 inches above the ground. • Pushbutton and arrow are not parallel with the direction of travel. • Distance between two pushbuttons on the same corner is less than 10 feet. Category 4: No deficiencies identified. Lake Oswego ADA Self-Evaluation & Transition Plan Map 7: Pedestrian Crossing Time Barrier Removal Projects Barrier Removal Rank !( High !( Medium !( No deficiencies identified Context Street Park Water Feature City Limits January 2021 I Miles 0 0.25 0.5 Lake Oswego ADA Self-Evaluation & Transition Plan Map 8: Pedestrian Pushbutton Barrier Removal Projects Barrier Removal Rank !( High !( Medium !( Low !( No deficiencies identified Context Street Park Water Feature City Limits January 2021 I Miles 0 0.25 0.5 City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 70 Table 26: Pedestrian Signal Barrier Summary Rank Total Pedestrian Signals Percent of Total High 106 75.7% Medium 5 3.6% Low 0 0.0% No Deficiency 29 20.7% Total 140 100.0% Table 27: Pedestrian Pushbutton Barrier Summary Rank Total Pedestrian Pushbuttons Percent of Total High 189 66.5% Medium 76 26.8% Low 1 0.4% No Deficiency 18 6.3% Total 284 100.0% City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 71 Table 28: Pedestrian Signals and Pushbuttons Summary of Categories Rank Category Priority Total Pushbuttons and Pedestrian Signals Percent of Total Pedestrian Crossing Time is Insufficient Identified Issue with MUTCD Standard Identified Issue with MUTCD Guidance High 1 B1 61 14.4% 29 28 4 High 1 C1 234 55.2% 77 133 52 Medium 1 D1 13 3.1% 11 5 0 Medium 1 E1 7 1.7% 4 0 2 Medium 2 B2 17 4.0% 0 17 4 Medium 2 C2 32 7.5% 0 32 7 Medium 3 B3 3 0.7% 0 0 3 Medium 3 C3 9 2.1% 0 0 9 Low 2 E2 1 0.2% 0 1 0 No Deficiencies 4 B4 12 2.8% 9 0 0 No Deficiencies 4 C4 35 8.3% 9 0 0 ! !(1 !(2 !(3 !(4 !(6 !(7 !(8 !(9 !(12 !(13 !(14 !(15 !(10 !(11 !(16 !(17 !(5 !(18 !(19 !(206TH ST5TH ST4TH ST3RD ST2ND ST1ST STSTATE ST6TH STSTATE ST7TH ST6TH ST5TH STLAKE BA Y C T EVERGREEN R D C AVE EVERGREEN R D A AVE B AVE C AVE FOOTHILLS RD A AVE B AVE 1ST ST2ND ST3RD ST4TH STLake Oswego ADA Self-Evaluation & Transition Plan I 0 250125 Feet Context June 2021 Map 9: On-Street Parking Street Park Water Feature City Limits !Location of Accessible Parking Space Block Number Reference!(# City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 73 On-Street Parking The City provides marked and metered parking locations along roadways in downtown Lake Oswego. Metered parking includes time limited parking that is signed. Parking is provided on all or part of 20 block perimeters, with two accessible on-street parking space provided. The accessible parking space provided along the south side of A Avenue between 4th and 5th Streets meets the applicable PROWAG standards for parallel parking spaces. The signage provided does not meet the current OTC standard for Sign No. R7-8. The remaining blocks were evaluated applying PROWAG R214. PROWAG R214 On-Street Parking Spaces. Where on-street parking is provided on the block perimeter and the parking is marked or metered, accessible parking spaces complying with R309 shall be provided in accordance with Table R214. Where parking pay stations are provided and the parking is not marked, each 6.1 m (20.0 ft) of block perimeter where parking is permitted shall be counted as one parking space. Table 29 on the following page summarizes the observations per R214 by block identified on the map. Per R214, each 20 feet of block perimeter where parking is permitted shall be counted as one parking space. Parking space calculations using this method for each block face were rounded down to the nearest integer. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 74 Table 29: On-Street Parking Summary Block Number of Marked Parking Spaces Number of Unmarked Parking Spaces Total Parking Spaces Along Block Number of Accessible Parking Spaces Provided Number of Accessible Spaces Required by R214 1 0 20 20 0 1 2 0 45 45 0 2 3 43 18 61 0 3 4 23 19 42 0 2 5 30 6 36 0 2 6 25 7 32 0 2 7 0 23 23 0 1 8 0 33 33 0 2 9 0 32 32 0 2 10 19 31 50 0 2 11 0 10 10 0 1 12 5 3 8 0 1 13 0 17 17 1 1 14 0 32 32 1 2 15 0 29 29 0 2 16 10 20 30 0 2 17 6 0 6 0 1 18 0 11 11 0 1 19 0 18 18 0 1 20 0 8 8 0 1 City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 75 Schedule for Public Right-of-Way Improvements The transition plan for the right-of-way proposes a strategy for removing barriers through a variety of activities such as new construction, roadway alterations, maintenance, repair projects, and policies that specifically address the removal of ADA barriers. The City can modify or adjust barrier removal priorities to provide flexibility in accommodating community requests, petitions for reasonable modifications from people with disabilities, funding opportunities and constraints, and changes in City programs. The barrier removal strategy incorporates this flexibility and allows the City to respond to new opportunities as they arise. As part of this planning process, the City developed a GIS inventory of the barriers identified at facilities in the public right-of-way. The resulting inventory is intended to be the living transition plan tracking tool for monitoring the Plan's implementation and tracking the long-term maintenance needs of curb ramps and other facilities within the public right-of-way. The ongoing tracking and monitoring will ensure that the City progresses toward a barrier-free environment in the public right-of-way. The schedule in this Plan sets a target of 15-years for barrier removal; the City of Lake Oswego, however, reserves the right to modify barrier removal priorities in order to allow flexibility in accommodating community requests, petitions for reasonable modifications from persons with disabilities, changes in city programs, and funding opportunities and constraints. Providing a detailed breakdown of projects past the 15-year timeline is subject to numerous changes over such a time span. It is anticipated that overall compliance could be achieved in 25 to 30 years. For all facilities meeting Criterion A: Location of Citizen ADA Complaint or Request will be evaluated and programmed within one year of the request or complaint. Curb Ramps Reference Tables 4 through 11 • Curb ramps identified as high priority will be addressed within the next five years, averaging 65 high priority curb ramps a year. • Curb ramps identified as D1 and E1 medium priority will be addressed in the next one to 10-years, averaging 40 medium priority curb ramps a year. • The remaining low and medium priority ramps will be addressed in the next one to 15- years through on-going street maintenance and improvement projects, averaging 70 curb ramps a year. It is assumed that as curb ramps are evaluated in greater detail, a percentage of ramps will fall within the safe harbor provisions. These “safe harbor” ramps will help reduce the deficient ramp inventory. The City will then revise the curb ramp transition plan schedule for the removal of the remaining barriers, update the curb ramp inventory, and revise the transition plan schedule for the removal of remaining barriers on a regular basis. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 76 Sidewalks Reference Tables 12 through 19. • Sidewalks that will be addressed in the next 15-years are as follows: o All sidewalks within high priority B1, C1, E1 and B2 sidewalks will be addressed; o Category 2 sidewalks meeting Criterion C: Location Serving Transportation will be addressed in the next one to 15 years. o The remaining sidewalks in Categories 2, 3, and 4 will be addressed through on- going pavement management and improvement projects. Crosswalks and Railroad Crossings Reference Tables 12 through 19; Tables 20 through 23 • Crossings that will be addressed in the next 15-years are as follows: o Crossings within high priority B1, C1, and B2 will be reviewed for further design analysis and addressed; o Crossings meeting Criterion B: Location Serving Government Offices & Public Facilities and Criterion C: Location Serving Transportation (B2 and C2) will be addressed in the next one to 15 years. • The remaining crossing in Categories 2, 3, and 4 will be addressed through on-going pavement management and improvement projects. Pedestrian Crossing Time and Pushbuttons Reference Tables 24 through 28. • The pedestrian crossing time barriers identified in this plan will be addressed within one to two-years of the Plan’s implementation. • The barriers identified at pedestrian pushbutton facilities will be replace in conjunction with associated curb ramp upgrades. • The City intends to develop an accessible pedestrian signal and replacement policy to ensure that pushbuttons are replaced when the signal controller and software are altered, or the signal head is replaced. On-Street Parking Reference Table 29 • The on-street parking barriers identified in this plan will be scheduled to be addressed within one to ten years. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 77 Approach for Barrier Removal in the Right-of-Way The City plans to address public right-of-way facility barriers through multiple strategies. • The City will continue to take barrier removal requests and complete upgrades that can be completed within the operations and maintenance budget. • The City currently has in place a pavement management program that schedules roadway rehabilitation and maintenance over a rolling 3-year schedule. The City plans to review public right-of-way barriers during the implementation of this Plan and address those barriers that can be resolved as part of the ongoing pavement maintenance and rehabilitation program. The City intends to replace or upgrade all non-compliant curb ramps under its maintenance responsibility during roadway alteration projects. The City intends to review crosswalk barriers as a part of roadway reconstruction projects and correct them as feasible. • The City will continue to provide and work to increase the dedicated budget category for ADA barrier removal in the public right-of-way through its paving and curb ramp projects budget. The current budget provides $100,000 for curb ramp replacements each year. The funds are used to address barriers that are not being resolved through other mechanisms. Barrier removal addressed by this strategy will be prioritized based on the criteria in this transition plan. It is possible the amount of annual funding may be increased once the transition plan is adopted by City Council. Staff will be requesting increased funding to work towards the proposed plan. • Barriers will be removed through the City’s sidewalk maintenance and repair program. When unsafe sidewalk conditions are reported, the City inspects the location to determine if repairs are needed. City inspectors also look at the rest of the property’s public street frontage(s) where the complaint was received. If a sidewalk is found to have barriers, be unsafe, or in disrepair, the property owner is required to repair the sidewalk in accordance with Municipal Code 42.08.410. If the barrier is deemed to be beyond the property owner’s maintenance responsibility, then the City will plan for a capital project to address the barrier through the dedicated ADA barrier removal budget category • The City will explore policies that address ADA barrier removal through property turnover and development policies, and then develop and implement such policies if found feasible. In the meantime, the City will continue to require removal of ADA barriers in the right-of-way as a condition of property development or redevelopment. • The City will explore policy options that engage property owners in the maintenance of the sidewalks adjacent to their properties. • The City will actively seek out and applying for grant funding specific to removal of access barriers when available. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 78 • The City will link existing maximum extent feasible (MEF) documentation to the curb ramp inventory and develop a process of recording this MEF documentation with any alterations or new construction. During the development of this Plan, the City completed various barrier mitigation projects in the public right-of-way. 2020 • WO 271 – Wembley Park Road project included upgraded curb ramps. • WO 286 – 2020 Pavement Rehabilitation project included upgrade curb ramps associated with repaving at various locations throughout the City. • LU 15-0046--The Springs Living private development provided upgraded curb ramps and sidewalk facilities. 2021 • WO 272 – Knaus Road Pathway included new and upgraded curb ramps and sidewalk facilities. • WO 297 – Del Prado Pathway Ramps provided new curb ramps. • WO 300 – 2021 Pavement Rehabilitation project included upgraded curb ramps associated with repaving at various locations throughout the City. • WO 313 – 3rd Street Curb Ramps provided upgraded curb ramps. • LU 17-0051--Iron Light private development provided upgraded curb ramps and sidewalk facilities at 3rd and B. • WO 260--City Hall development provided upgraded curb ramps and sidewalk facilities. • LU 18-0026--Mercantile Village private development provided upgraded curb ramps and sidewalk facilities. The City has planned for the following near-term projects: 2022 • WO 183 – Boones Ferry Road project includes upgraded curb ramps, sidewalks, pedestrian pushbuttons, and crosswalks. • WO 321 – 2022 Pavement Rehabilitation project included upgrade curb ramps associated with repaving at various locations throughout the City. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 79 4 Barrier Removal Considerations for Plan Implementation Title II of the ADA requires a public entity to “operate each service, program or activity so that the service, program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities.” (28 CFR 35.150). This requirement does not: • Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities; • Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or • Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or impose undue financial and administrative burdens. 4.1 Triggers for Barrier Removal The responsibility for ensuring barrier removal will reside with the ADA Coordinator, or designee. This process will be accomplished with two strategies: policy and procedure modifications to remove programmatic barriers to be coordinated by the City’s ADA Coordinator, and maintenance and construction projects to remove structural barriers to be coordinated by the Department heads over the operating areas in which the structural barriers exist. Two conditions determine when barriers must be removed: to provide access to programs, activities, and services, and when a facility is altered. Program Accessibility A public entity must ensure that individuals with disabilities are not excluded from services, programs, and activities because existing buildings are inaccessible. A state or local government's programs, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as program accessibility (28 CFR 35.151(b) ), applies to facilities of a public entity that existed on January 26, 1992. Public entities do not necessarily have to make each of their existing facilities accessible. They may provide program accessibility through a number of methods including alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible facility, or provision of services at alternate accessible sites. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 80 Facility Alterations Although structural changes may not be mandated for program accessibility, the City is required to remove physical barriers when it alters a facility. Alterations are defined in the ADA standards as a change in a building or facility that affects or could affect its usability. Many types of projects are considered alterations, including remodeling, renovation, rehabilitation, reconstruction, restoration, resurfacing of circulation paths or vehicular ways, and changes or rearrangement of structural parts, elements, or walls. Normal maintenance, reroofing, painting, or wallpapering, or changes to mechanical and electrical systems are not considered alterations unless they affect a facility’s usability. For example, a project limited to an HVAC system would not affect the usability or occupancy of a facility and would not constitute an alteration that would trigger path of travel upgrades. Where alterations are performed solely for the purpose of barrier removal, they will not trigger additional path of travel improvements (28 CFR 35.151). The ADA standards ensure that the opportunities for accessibility presented by an alteration are taken. How and to what extent the standards apply is determined by the scope of a project and the elements and spaces altered. Only those elements or spaces altered are required to comply, but alterations made to areas containing a primary function (a major activity for which a facility is intended) also require an accessible path of travel. The City is not required to remove barriers identified within a City-owned facility as part of the Transition Plan: • Where programmatic modifications can be made to provide an equivalent experience; • Where there are nearby and available equivalent accessible features; • Where there are no public programs or activities provided at that portion of the site; or • When safe harbor conditions are met (28 CFR 35.150(b)(2)(ii)). It is also possible that an alteration is technically infeasible, in which case compliance is not required. Technical infeasibility refers to “something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load- bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements.” Where technical infeasibility is encountered, compliance is still required to the maximum extent technically feasible. For example, if providing accessibility for people with one type of disability is not feasible, accessibility must still be provided for people with other types of disabilities to the maximum extent feasible. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 81 Public Right-of-Way Alterations and New Construction In an alteration or new construction project in the public right-of-way, the City must incorporate ADA accessibility standards to the maximum extent feasible (28 CFR 35.151(b)). As part of the Plan’s implementation, the City’s Public Works Department should document all design exceptions. The ADA title II toolkit incorporates the following guidance about sidewalks and curb ramps: When pre-ADA streets or sidewalks are altered, space limitations may restrict the ability to install accessible curb ramps. In these cases, the installed curb ramps must comply with the ADA to the maximum extent feasible, but there are still requirements to meet. In rare instances when it is technically infeasible to install a fully compliant curb ramp during alterations to pre-ADA roadways and walkways because of physical or site constraints, state and local governments must still provide accessibility to the maximum extent feasible. Before reaching a conclusion about technical infeasibility, public entities should consider the extent to which physical or site constraints can be addressed by alternative curb ramp designs. The burden of proving technical infeasibility lies with the state or local government that constructed it. When highways, streets, and roads are built or altered post-ADA, they must have curb ramps at certain locations: wherever there are curbs or other barriers to entry from a pedestrian walkway or sidewalk, wherever there are curbs or other barriers to entry at any designated pedestrian crosswalks that are located mid- block, wherever sidewalks or walkways intersect with highways, streets, or roads and pedestrians may legally cross the vehicular way, and at public transportation stops. For pre-ADA highways, streets, roads, and sidewalks that have not been altered, public entities may choose to construct curb ramps at every point where a pedestrian walkway intersects a curb, but they are not necessarily required to do so. Alternative routes to buildings may be acceptable where people with disabilities must travel only a marginally longer route than the general public. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 82 Roadway Alterations and Maintenance The DOJ, in coordination with the US Department of Transportation, specifies that public agencies are required to provide curb ramps or upgrade curb ramps whenever roadways are altered. An alteration is a change that affects or could affect the usability of all or part of a building or facility (28 CFR 35.151(b)(1)). Alterations of streets, roads, or highways include activities such as reconstruction, rehabilitation, resurfacing, widening, and projects of similar scale and effect (2010 ADA Standards, 106.5). In the July 8, 2013, the “Department of Justice/Department of Transportation Joint Technical Assistance on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing.” Document further articulated maintenance activities on streets, roads, or highways, such as filling potholes, are not alterations and do not trigger barrier removal. The list below distinguishes between roadway alterations versus maintenance activities. Alteration • Addition of new layer of asphalt • Cape seals • In-place asphalt recycling • Microsurfacing and thin-lift overlay • Mill and fill / mill and overlay • New construction • Open-graded surface course • Rehabilitation and reconstruction • Resurfacing of a crosswalk Maintenance • Chip seals • Crack filling and sealing • Diamond grinding • Dowel bar retrofit • Fog seals • Joint crack seals • Joint repairs • Pavement patching • Painting or striping • Scrub sealing • Slurry seals • Spot high-friction treatments • Surface sealing City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 83 4.2 Safe Harbor Provisions The 2010 Standards introduced the concept of safe harbor, a new exception that allows facilities built prior to March 15, 2012 and that were in compliance with the 1991 ADA Standards to remain as-is until a public entity plans an alteration to the structural feature. For example, the 1991 Standards allowed 54 inches maximum for a side reach range, while the 2010 Standards lowered the side reach range to 48 inches maximum. Existing items, built prior to March 15, 2012, that are positioned at the 54-inch height, would fall under the safe harbor provision until the time of planned alterations (28 CFR 35.150(b)(2)(i)). This safe harbor is not a blanket exemption for facilities. If a public entity undertakes an alteration to a primary function area, only the required elements of a path of travel to that area that already comply with the 1991 Standards are subject to the safe harbor. If a public entity undertakes an alteration to a primary function area and the required elements of a path of travel to the altered area do not comply with the 1991 Standards, then the public entity must bring those elements into compliance with the 2010 Standards (28 CFR 35.151(b)(4)(ii)(C)). This exception applies to elements that might otherwise have to be modified under: • The program access requirement for public entities; • The readily achievable barrier removal requirements for places of public accommodation; or • The path of travel requirement for any alteration that affects the usability of a primary function area in any covered facility. If a public entity constructed or altered required elements of a path of travel in accordance with the specifications in either the 1991 Standards or the Uniform Federal Accessibility Standards before March 15, 2012, the public entity is not required to retrofit such elements to reflect incremental changes in the 2010 Standards solely because of an alteration to a primary function area served by that path of travel. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 84 The 2010 Standards also identity structural elements that do not fall under the safe harbor provision (28 CFR § 35.150(b)(2)(ii)). The following elements are not eligible for element-by- element safe harbor because technical or scoping specifications for them were not addressed in the 1991 ADA but were added as supplemental requirements prior to 2010. • Residential facilities dwelling units, sections 233 and 809. • Amusement rides, sections 234 and 1002; 206.2.9; 216.12. • Recreational boating facilities, sections 235 and 1003; 206.2.10. • Exercise machines and equipment, sections 236 and 1004; 206.2.13. • Fishing piers and platforms, sections 237 and 1005; 206.2.14. • Golf facilities, sections 238 and 1006; 206.2.15. • Miniature golf facilities, sections 239 and 1007; 206.2.16. • Play areas, sections 240 and 1008; 206.2.17. • Saunas and steam rooms, sections 241 and 612. • Swimming pools, wading pools, and spas, sections 242 and 1009 • Shooting facilities with firing positions, sections 243 and 1010. • Miscellaneous:  team or player seating (section 221.2.1.4),  accessible route to bowling lanes (section. 206.2.11),  accessible route in court sports facilities (section 206.2.12). 4.3 Undue Burden The City is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of its program or activity, would create a hazardous condition resulting in a direct threat to the participant or others, or would represent an undue financial and administrative burden. A determination of undue financial or administrative burden can only be made by the head of a department or his or her designee and must be accompanied by a written statement of the reasons for reaching that conclusion. The determination that undue burdens would result must be based on all resources available for use by the City. If an action would result in such an alteration or such burdens, the City must take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits and services of the program or activity. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 85 5 ADA Coordinator, Notice Policy, and Grievance Procedure Title II of the ADA requires a state or local government agency that employs 50 or more people to designate at least one employee, often referred to as the ADA Coordinator, to coordinate the City’s efforts to implement the plan and provide the name, office address, and telephone number to staff and the public, give notice of the ADA’s requirements, and establish a grievance procedure (28 CFR 35.107 and 28 CFR 35.107). 5.1 ADA Coordinator Roles and Responsibilities The ADA Coordinator is responsible for organizing and communicating the City’s efforts to comply with and fulfill its responsibilities under title II of the ADA, as well as all other applicable state and federal laws. The ADA Coordinator’s responsibilities include investigating complaints that the City has engaged in any action prohibited by title II. The City has designated an employee to fulfill these responsibilities and help persons with disabilities receive City services. Working with all departments, the ADA Coordinator can arrange the use of auxiliary aids and services for City meetings, programs and events, or alternate format material for effective communication. Requests for barrier removal or program modifications may be made to the ADA Coordinator, who also investigates and seeks to resolve any complaints regarding accessibility to City facilities or programs. The City will continue to provide the name, office address, and telephone number of its ADA Coordinator to interested persons. Kelli Byrd ADA Coordinator 380 A Ave, 2nd Floor Lake Oswego, OR 97034 Phone: 503.635.0282; TTY: 711 Email: ada@lakeoswego.city 5.2 Notice Under the Americans with Disabilities Act Title II regulations require the City to inform the public of the rights and protections provided by the ADA for access to public programs, services, and activities. It is the obligation of the head of the public entity to determine the most effective way of providing notice to the public about their rights and the public entity’s responsibilities under the ADA. Publishing and publicizing the ADA notice, such as the following, is not a one-time requirement. Public agencies should provide the information on an ongoing basis and update the information whenever necessary. The following is the City of Lake Oswego’s current notice under the ADA. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 86 Notice Under the Americans with Disabilities Act In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), the City of Lake Oswego will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The City of Lake Oswego does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA. Effective Communication: The City of Lake Oswego will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairment. Modifications to Policies and Procedures: The City of Lake Oswego will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the City’s ADA Coordinator to submit a request for accommodation no later than four days before the scheduled event. The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. Concerns or complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to the ADA Coordinator at ada@lakeoswego.city or 503-635- 0282. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 87 5.3 ADA Complaint/Grievance Procedure This grievance procedure is established to meet the requirements of the Americans with Disabilities Act (ADA). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Lake Oswego. A grievance form can be completed and submitted online, or alternative formats can be requested from the ADA Coordinator. 1. The complaint should be in writing (electronic or hard copy). 2. The complaint should include the following information: a. Name, address, phone number, and email address of the complainant, that is, the person who experienced the alleged discriminatory action on the basis of disability; b. Date of the alleged act of discrimination or the date when the complainant became aware of the alleged discrimination; c. Location at which the discriminatory action occurred; d. Brief but specific description of the discriminatory practice or action and any relevant facts; and e. Remedy or resolution desired. 3. The complaint should be submitted by the complainant and/or designee as soon as possible but no later than sixty (60) calendar days after the alleged discrimination or knowledge of the alleged discrimination to: Kelli Byrd ADA Coordinator City of Lake Oswego 380 A Ave Mail: PO BOX 369 Lake Oswego, OR 97034 Phone: 503.635.0282; TTY: 711 Email: ada@lakeoswego.city 4. Upon receipt of the complaint, the ADA Coordinator will determine if the complaint information is complete; if additional information is needed; if the City has jurisdiction; and if the complaint is timely. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 88 5. The ADA Coordinator will notify the complainant in writing within 10 business days to acknowledge receipt of the complaint. 6. The ADA Coordinator will work with the involved department(s) and the complainant to attempt to resolve the complaint. The option of informal meetings may be used at any stage. 7. The ADA Coordinator or designee will provide a response in writing, or in an alternative format if requested, to the complainant within 30 business days after the complaint is received. 8. In instances where the complainant is dissatisfied with the resolution, they may request a reconsideration of the case. The request for reconsideration should be made in writing, or in an alternative format upon request, to the City Manager within 30 business days of receiving the ADA Coordinator's decision. 9. The City Manager or designee will review the complaint, conduct an additional investigation if appropriate, and respond to the complainant in writing, or in an alternative format upon request, within 30 business days after receipt of the request for reconsideration, which shall be the final decision of the City. A copy of the City Manager’s response will be forwarded to the ADA Coordinator. 10. The ADA Coordinator will maintain copies of all written ADA complaints, appeals to the City Manager, and responses from these two offices for at least three years. 11. Questions about this policy or its application may be directed to the City’s ADA Coordinator office at ada@lakeoswego.city or 503-635-0282; TTY: 711. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 89 6 Definitions The following is a summary of many definitions found in this document and within the ADA. Please refer to the Americans with Disabilities Act for the full text of definitions and explanations (28 CFR 35.104) Accessible A site, building, facility, or portion thereof is deemed accessible when it is approachable and usable by persons with disabilities in compliance with technical standards adopted by the relevant Administrative Authority. Administrative Authority A governmental agency that adopts or enforces regulations and guidelines for the design, construction, or alteration of buildings and facilities. ADA Coordinator The individual responsible for coordinating the efforts of the government entity to comply with title II and investigating any complaints that the entity has violated title II. Also known as Disability Access Manager or Accessibility Manager. Alteration in the Public Right-of-Way A change to an existing facility that affects or could affect pedestrian access, circulation, or use. Alterations include, but are not limited to, resurfacing, rehabilitation, reconstruction, historic restoration, or changes or rearrangement of structural parts or elements of a facility. Alternative Text Refers to the text equivalent for an image appearing in an online document. It is read by screen readers in place of the image so that the content and function of the image is accessible to people with visual or certain cognitive disabilities. Auxiliary Aids and Services Refers to ways to communicate with people who have communication disabilities such as blindness, vision loss, deafness, hearing loss, a combination of vision and hearing loss or speech or language disorders. The key to deciding what aid or service is needed to communicate effectively with people with disabilities and their companions is to consider the nature, length, complexity, and context of the communication as well as the person’s normal method(s) of communication. Auxiliary aids and services include the use of interpreters, notetakers, readers, assistive listening systems, captioning and TTYs or the provision of alternate formats such as braille, ASCII text, large print, recorded audio and electronic formats like CDs and DVDs. Blended Transition A raised pedestrian street crossings, depressed corners, or similar connections between the pedestrian access route at the level of the sidewalk and the level of the pedestrian street crossing that have a grade of 5 percent or less. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 90 Clear Ground Space The minimum unobstructed ground space required to accommodate a single, stationary wheelchair and occupant. Clear ground space provides a location for a wheelchair user to approach and make use of an element. Complaint A complaint is a claimed violation of the ADA. Cross Slope The grade that is perpendicular to the direction of pedestrian travel. On a sidewalk, cross slope is measured perpendicular to the curb line or edge of the street or highway. Curb Line A line at the face of the curb that marks the transition between the curb and the gutter, street, or highway. Curb Ramp A ramp that cuts through or is built up to the curb. Curb ramps can be perpendicular or parallel, or a combination of parallel and perpendicular ramps. Disability 28 CFR.108 The term disability means, with respect to an individual: • A physical or mental impairment that substantially limits one or more of the major life activities of such individual; • A record of such impairment; or • Being regarded as having a disability or such impairment. Discrimination on the Basis of Disability 28 CFR 35.130 Discrimination on the basis of disability means to: • Limit, segregate, or classify a citizen in a way that may adversely affect opportunities or status because of the person's disability; • Limit, segregate, or classify a participant in a program or activity offered to the public in a way that may adversely affect opportunities or status because of the participant's disability; • Participate in a contract that could subject a qualified citizen with a disability to discrimination; • Use any standards, criteria, or methods of administration that have the effect of discriminating on the basis of disability; • Deny equal benefits because of a disability; • Fail to make reasonable modifications to known physical or mental limitations of an otherwise qualified individual with a disability unless it can be shown that the modification would impose an undue burden on the City’s operations; City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 91 • Use selection criteria that exclude otherwise qualified people with disabilities from participating in the programs or activities offered to the public; and • Fail to use tests, including eligibility tests, in a manner that ensures that the test results accurately reflect the qualified applicant's skills or aptitude to participate in a program or activity. Effective Communication Communication with people who have vision, hearing, and/or speech disabilities that is equally effective as communication with people without disabilities. Element An architectural or mechanical component of a building, facility, space, site, or public right-of- way. Facility All or any portion of buildings, structures, improvements, elements, and pedestrian or vehicular routes located in the public right-of-way. Fundamental Alteration A modification that is so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered. If a public entity can demonstrate that the modification would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification. If a public accommodation (private entity) can demonstrate that a modification would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations it provides, it is not required to make the modification. Grade The degree of inclination of a surface. Refer to Slope definition. In public right-of-way, grade is the slope parallel to the direction of pedestrian travel. Grade Break The line where two surface planes with different grades meet. Having a Record of Impairment An individual is disabled if he or she has a history of having an impairment that substantially limits the performance of a major life activity; or has been diagnosed, correctly or incorrectly, as having such impairment. International Symbol of Accessibility (ISA) The ISA is recognized worldwide as a symbol identifying accessible elements and spaces. Standards issued under the ADA and ABA Standards reference and reproduce the ISA to ensure consistency in the designation of accessible elements and spaces. Uniform iconography promotes legibility, especially for people with low vision or cognitive disabilities. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 92 Maintenance Routine or periodic repair of all pedestrian facilities to restore them to the standards to which they were originally designed and built. Maintenance does not change the original purpose, intent, or design of public sidewalks, shared-use paths, curb ramps, crosswalks, pedestrian islands, or other public walkways. Operable Part A component of an element used to insert or withdraw objects, or to activate, deactivate, or adjust the element. The technical requirements for operable parts apply to operable parts on accessible pedestrian signals and pedestrian pushbuttons and parking meters and parking pay stations that serve accessible parking spaces. Other Power-Driven Mobility Device (OPDMD) Any mobility device powered by batteries, fuel, or other engines that is used by individuals with mobility disabilities for locomotion and designed to operate in areas without defined pedestrian routes. Path of Travel A path of travel is a continuous, unobstructed way of pedestrian passage by means of which a newly constructed or altered area may be approached, entered, and exited and which connects an area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility and other parts of a facility. An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements. Within the context of alterations, path of travel also includes restrooms, telephones and drinking fountains serving the altered area. Pedestrian Access Route A continuous and unobstructed path of travel provided for pedestrians with disabilities within or coinciding with a pedestrian circulation path in the public right-of-way. Pedestrian Circulation Path A prepared exterior or interior surface provided for pedestrian travel in the public right-of-way Physical or Mental Impairments Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability (28 CFR 35.108(b)(1)). City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 93 Primary Function Is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public entity using the facility are carried out (28 CFR 35.151(b)(4)(i)). Program Accessibility A public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. Public Entity Any state or local government; any department, agency, special-purpose district, or other instrumentality of a state or local government. Public Right-of-Way Public land or property, usually in interconnected corridors, that is acquired for or dedicated to transportation purposes. Qualified Historic Facility A facility that is listed in or eligible for listing in the National Register of Historic Places or designated as historic under an appropriate state or local law. Qualified Individual with a Disability A qualified individual with a disability means an individual with a disability who, with or without reasonable modification to rules, policies, or practices; the removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the City. Reasonable Modification. A public entity must modify its policies, practice, or procedures to avoid discrimination unless the modification would fundamentally alter the nature of its service, program, or activity (28 CFR 35.130). Regarded as Having a Disability An individual is disabled if she or he is treated or perceived as having an impairment that substantially limits major life activities, although no such impairment exists. Running Slope The grade that is parallel to the direction of pedestrian travel. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 94 Scoping Requirements that specify what features are required to be accessible and, where multiple features of the same type are provided, how many of the features are required to be accessible. Service Animal Service animals are dogs (and in certain circumstances, miniature horses) that are individually trained to perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting, and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post-Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. Guidance on the use of the term service animal in the 2010 Standards has been published online at the ADA website: ADA.gov. Title II regulations now include assessment factors to assist public entities in determining whether miniature horses can be accommodated as service animals in their facilities: • Whether the miniature horse is housebroken; • Whether the miniature horse is under the owner’s control; • Whether the facility can accommodate the miniature horse’s type, size, and weight; and • Whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility. Slope Ground surface that forms a natural or artificial incline. Slope is typically conveyed as either a percentage or a ratio that represent the change in elevation between two points of an incline divided by the horizontal distance between the two points. • Cross Slope: The slope that is perpendicular to the direction of travel. • Running Slope: The slope that is parallel to the direction of travel. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 95 Substantial Limitations of Major Life Activities An individual is disabled if she or he has a physical or mental impairment that (a) renders her or him unable to perform a major life activity, or (b) substantially limits the condition, manner, or duration under which she or he can perform a particular major life activity in comparison to other people. Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. In determining whether physical or mental impairment substantially limits the condition, manner, or duration under which an individual can perform a particular major life activity in comparison to other people, the following factors shall be considered: • The nature and severity of the impairment; • The duration or expected duration of the impairment; and • The permanent or long-term impact (or expected impact) of or resulting from the impairment. Technical Standards Specify the design criteria for accessible features, including the specific numbers, conditions, and measurements that are required. Technically Infeasible With respect to an alteration of a building or a facility, something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features that are in full and strict compliance with the minimum requirements. Telecommunications Display Device (TDD) A telecommunications display device for the deaf (TDD) is an electronic device for text communication via a telephone line, used when one or more of the parties has hearing or speech difficulties. Other names for TDD include TTY. Telecommunications Relay Service (TRS) or 711 The free, nationwide telecommunications relay service, reached by calling 711, uses communications assistants who serve as intermediaries between people who have hearing or speech disabilities who use a text telephone (TTY) or text messaging and people who use standard voice telephones. The communications assistant tells the telephone user what the other party is typing and types to tell the other party what the telephone user is saying. TRS also provides speech-to-speech transliteration for callers who have speech disabilities. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 96 Text Telephone (TTY) Teletypewriters or text telephones have a keyboard and a visual display for exchanging written messages over the telephone. The ADA established a free, nationwide relay network to handle voice-to-TTY and TTY-to-voice calls, which is reached by calling 711. TTY is a more general term for teletypes but is often referred to as TDD. Vertical Surface Discontinuities Vertical differences in level between two adjacent surfaces. Video Relay Service (VRS) Video relay service (VRS) is a free, subscriber-based service for people who use sign language and have videophones, smart phones, or computers with video communication capabilities. For outgoing calls, the subscriber contacts the VRS interpreter, who places the call and serves as an intermediary between the subscriber and a person who uses a standard voice telephone. The interpreter tells the telephone user what the subscriber is signing and signs to the subscriber what the telephone user is saying. Wheeled Mobility Device A manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. Also referred to as a manual wheelchair, a power wheelchair, or an electric scooter. City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 97 7 Resources 7.1 Federal, State, and Local Laws, Standards, and Ordinances Americans with Disabilities Act (ADA) title II Regulations Nondiscrimination on the Basis of Disability in State and Local Government Services. https://www.ecfr.gov/current/title-28/chapter-I/part-35 U.S. Department of Justice Civil Rights Division, Disability Rights Section U.S. Department of Justice Civil Rights Division, Disability Rights Section provides many free ADA materials including the Americans with Disability Act (ADA) text. Printed materials may be ordered by calling the ADA Information Line [(800) 514-0301 (Voice) or (800) 514-0383 (TTY)]. Publications are available in standard print as well as large print, audiotape, braille, and computer disk for people with disabilities. Documents, including the following publications, can also be downloaded from the Department of Justice website. http://www.ada.gov/ • Title II Technical Assistance Manual (1993) and Yearly Supplements. http://www.ada.gov/taman2.html • Accessibility of State and Local Government Websites to People with Disabilities. 2003. https://www.ada.gov/websites2.htm • ADA Best Practices Tool Kit for State and Local Governments. 2008. https://www.ada.gov/pcatoolkit/abouttoolkit.htm • ADA Guide for Small Towns. 2000. http://www.ada.gov/smtown.htm • The ADA and City Governments: Common Problems. 2000. http://www.ada.gov/comprob.htm • ADA Requirements: Effective Communication. 2014. https://www.ada.gov/effective-comm.htm • ADA Requirements: Service Animals. 2010. https://www.ada.gov/service_animals_2010.htm • ADA Information for Law Enforcement. 2008. http://www.ada.gov/policeinfo.htm • Commonly Asked Questions About the ADA and Law Enforcement. 2006. http://www.ada.gov/q&a_law.htm • Communicating with People Who are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers. 2006. http://www.ada.gov/lawenfcomm.htm • Model Policy for Law Enforcement on Communicating with People Who are Deaf or Hard of Hearing. 2006. http://www.ada.gov/lawenfmodpolicy.htm • Questions and Answers: The ADA and Hiring Police Officers. 1997. http://www.ada.gov/copsq7a.htm City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 98 • ADA Requirements: Wheelchairs, Mobility Aids and Other Power-Driven Mobility Devices. 2014. https://www.ada.gov/opdmd.htm • An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities. 2008. https://www.ada.gov/emergencyprepguide.htm • Access for 9-1-1 and Telephone Emergency Services. 1998. http://www.ada.gov/911ta.htm • The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities. 2014. https://www.ada.gov/ada_voting/ada_voting_ta.htm • ADA Checklist for Polling Places. 2016. https://www.ada.gov/votingchecklist.htm#toc1 U.S. Access Board The Access Board is an independent federal agency that promotes equality for people with disabilities through leadership in accessible design and the development of accessibility guidelines and standards. Created in 1973 to ensure access to federally funded facilities, the Board is now a leading source of information on accessible design. The Board develops and maintains design criteria for the built environment, transit vehicles, information and communication technology, and medical diagnostic equipment under the Americans with Disabilities Act of 1990 (ADA) and other laws. It also provides technical assistance and training on these requirements and on accessible design, and continues to enforce accessibility standards that apply to federally funded facilities under the Architectural Barriers Act of 1968 (ABA). https://www.access-board.gov/ State of Oregon The State of Oregon Department of Consumer and Business Services, Building Codes Division establishes the standards for construction through the Oregon Structural Specialty Code adopted pursuant to OAR chapter 918, division 8. As of the writing of this document, the State provisions for accessibility standards are the 2019 Oregon Specialty Structural Code, Chapter 11, and incorporated by reference the ICC/ANSI A117.1-2009 Accessible and Usable Buildings and Facilities, and the Oregon Transportation Commission Standards for Accessible Parking Places August 2018. Because building codes are updated every few years, the City should regularly review changes and update policies and procedures related to accessibility to ensure compliance with current code. https://www.oregon.gov/bcd/codes-stand/pages/index.aspx City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 99 7.2 Local and National Organizations Supporting People with Disabilities Access Recreation Access Recreation is a Portland, Oregon ad hoc committee that developed guidelines for minimum information that should be provided about hiking trails and outdoor facilities to benefit hikers with disabilities, and which can be applied to websites, printed materials, and at trail sites. The committee is made up of representatives from federal, state, and local park agencies and organizations that support people with disabilities. http://accessrecreation.org/home/Access_Recreation_Home.html Adaptive Sports Northwest Adaptive Sports Northwest provides adaptive sports and recreation opportunities to those in Oregon and southwest Washington, and seeks to tap the potential of possibility in each participant. The organization has partnerships with the United States Paralympic Committee, Wheelchair & Ambulatory Sports USA, and Disabled Sports USA. http://www.adaptivesportsnw.org/ Aging and Disability Resource Connection of Oregon (ADRC) ADRC is a statewide resource providing information about local public and privately paid services to address aging or disability needs. The organization’s trained professional staff can help with immediate needs or planning for the future. https://adrcoforegon.org The Arc The Arc (formerly Association for Retarded Citizens of the United States) is the country's largest voluntary organization committed to the welfare of all children and adults with mental retardation and their families. http://www.thearc.org American Association of People with Disabilities The American Association of People with Disabilities is the largest nonprofit, nonpartisan, cross- disability organization in the United States. http://www.aapd.com/ American Foundation for the Blind (AFB) AFB is committed to improving accessibility in all aspects of life—from cell phones to ATMs, on web sites, and in workplaces. Services include assistance in making products and services accessible to people with visual impairments. AFB offers expert consulting services and accessible media production. AFB provides objective product evaluations of adaptive technologies through its assistive technology product database. http://www.afb.org/ City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 100 Autism Research and Resources of Oregon Located in Milwaukie, the Autism Research & Resources of Oregon (ARROAutism) is a not -for- profit organization assisting with Autism research projects in Oregon. The group develops resources to meet unmet needs for families and individuals with Autism in Oregon and assists families and individuals with Autism to locate already existing resources that meet their needs. https://arroautism.org/ Autism Society of Oregon This affiliate of the Autism Society, the nation’s leading grassroots autism organization, exists to improve the lives of all affected by autism by increasing public awareness about the day-to-day issues faced by people on the spectrum, advocating for appropriate services for individuals across the lifespan, and providing the latest information regarding treatment, education, research, and advocacy. http://autismsocietyoregon.org/ Center on Technology and Disability Funded by the U.S. Department of Education's Office of Special Education Programs, the Center on Technology and Disability provides a wide range of resources on assistive technology, from introductory fact sheets and training materials to in-depth discussion of best practices and emerging research. http://www.ctdinstitute.org/ Disability Arts and Culture Project The mission of Disability Art and Culture Project (DACP) is to further the artistic expression of people with both apparent and non-apparent disabilities. DACP accomplishes this mission by supporting the creative expression of people with disabilities, utilizing the performing arts as a method of examining disability in relation to society. DACP also supports established and emerging artists, as well as the community at large, in developing knowledge and expression of disability culture and pride. http://dacp.art/ Disability Emergency Management Advisory Council (DEMAC) The Disability Emergency Management Advisory Council (DEMAC) of Oregon is a group that will help ensure Oregon is prepared to meet the needs of people with disabilities in disasters. The DEMAC was created to apply the experiences and knowledge of people with disabilities, as subject matter experts, to guide statewide emergency management in the development and implementation of inclusive practices through all planning, response, and recovery activities. https://www.oregon.gov/dhs/EmergencyManagement/Pages/DEMAC.aspx Disability Resources, Inc. (DRI) DRI is a national nonprofit organization that provides information about resources for independent living. DRI maintains an on-line directory of assistive technology resources. http://www.disabilityresources.org/ City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 101 Disability Rights Oregon (DRO) Disability Rights Oregon is a non-profit advocacy organization. DRO’s mission is to promote and defend the rights of individuals with disabilities. http://www.droregon.org/ Down Syndrome Network Oregon (DSNO) Based in Lake Oswego, DSNO is a leading faith-based local resource for Down Syndrome support and offers a range of community-based programs to build an outstanding support organization for families, friends and individuals with Down syndrome. The values guiding its mission are advocacy, inclusiveness, equality and respect for life, compassion, comfort, and hope. https://dsno.org/ Independent Living Resources Independent Living Resources (ILR) is a non-profit organization dedicated to helping people with all disabilities. The agency provides services such as advocacy, information and referral, orientation and mobility, peer counseling, recreation, and skills training. https://www.ilr.org/ Institute for Human Centered Design The Institute (formerly known as Adaptive Environments) is a non-profit organization committed to advancing the role of design in expanding opportunity and enhancing experience for people of all ages and abilities. The organization provides education and consultation to public and private entities about strategies, precedents and best practices that go beyond legal requirements for human centered design for places, things, communication and policy that integrate solutions with the reality of human diversity. http://humancentereddesign.org/ International Dyslexia Association (IDA) Oregon Branch The International Dyslexia Association (IDA) Oregon Branch is a volunteer non-profit organization that serves Oregon and some southwest Washington counties. Their mission is to raise awareness and understanding of dyslexia, to promote effective intervention strategies, and to support individuals with dyslexia, their families, and professionals in our community. https://or.dyslexiaida.org/ Mt. Hood Kiwanis Camp Mt. Hood Kiwanis Camp (MHKC) helps empower children and adults with disabilities through equitable access to the outdoors and recreation. They partner with the U.S. Forest Service to offer outdoor recreational programming for campers with developmental, intellectual, and physical disabilities at an accessible campsite in the Mt. Hood National Forest; MHKC’s office is located in southwest Portland. https://mhkc.org/ City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 102 National Association of the Deaf (NAD) NAD is a national consumer organization representing people who are deaf and hard of hearing. NAD provides information about standards for American Sign Language Interpreters and the Captioned Media Program on its website. http://www.nad.org/ National Center on Accessibility (NCA) NCA is a cooperative venture between Indiana University and the National Park Service, and a leading authority on access issues unique to park and recreation programs and facilities. The organization believes that universal design and inclusion are important factors for achieving personal wellness and building healthy communities. NCA provides research, technical assistance, and education to facilitate recreation opportunities for people of all abilities. http://www.ncaonline.org National Council on Disability (NCD) NCD is an independent federal agency charged with advising the President, Congress, and other federal agencies regarding policies, programs, practices, and procedures that affect people with disabilities. https://ncd.gov/ National Federation of the Blind (NFB) NFB is a national organization advocating on behalf of persons who are blind or have low vision. NFB provides on-line resources for technology for the blind, including a technology resource list, a computer resource list, screen access technology, sources of large print software for computers, and sources of closed-circuit TV (CCTV). http://www.nfb.org/ National Organization on Disability National Organization on Disability promotes the full and equal participation and contribution of America's 54 million men, women and children with disabilities in all aspects of life. NOD maintains an on-line directory of information and links including transportation-related resources. http://www.nod.org/ Northwest ADA Center The ADA National Network Centers are a national platform of ADA professionals and experts charged with assisting businesses, state and local governments, and people with disabilities as they manage the process of changing our culture to be user friendly to disability and the effect the variety of health conditions can have on society. The Northwest ADA Center is a part of the Department of Rehabilitation Medicine at the University of Washington, and collaborates with the Center for Technology and Disability Studies, a program within the Center for Human Development and Disability and the Department of Rehabilitation Medicine. http://nwadacenter.org/ City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 103 On-the-Move Community Integration On-the-Move is a nonprofit organization supporting adults with intellectual and developmental disabilities in accessing their community. They offer activities for adults with intellectual and developmental disabilities around the Portland area with a focus on getting out in the community doing things that are healthy, social, sustainable, and fun. https://onthemovepdx.org/ Oregon Association of the Deaf (OAD) The Oregon Association for the Deaf mission focuses on realizing the value of mutual assistance and co-operation in matters essential to Oregon Deaf and Hard of Hearing citizens in general welfare and to promote, protect, and preserve the civil rights and advocate to enhance the quality of life for Deaf and Hard of Hearing individuals. https://oad1921.org/ Oregon Commission for the Blind The Oregon Commission for the Blind was established in 1937 as a state agency to provide services to Oregon’s citizens who experience vision loss and need specialized training and support to live full and productive lives. The agency receives policy direction and oversight from a seven member Commission representing consumer organizations, education, ophthalmology/optometry, business and individual citizens. https://www.oregon.gov/blind/Pages/index.aspx Oregon Council on Developmental Disabilities OCDD partners with Oregonians with developmental disabilities and their families. Its mission is to advance social and policy change so that people with developmental disabilities, their families and communities may live, work, play, and learn together. Special programs include the Inclusive Child Care Project, Advocacy in Action, Community Partnerships, and the Clarion Newspaper. https://www.ocdd.org/ Oregon Deaf and Hard of Hearing Services (ODHHS) Oregon Deaf and Hard of Hearing Services (ODHHS) is a resource for all Oregonians, to improve quality of life for Deaf and Hard of Hearing people and their families. ODHHS works to make state services and programs welcoming and accessible to Deaf and hard of hearing Oregonians and their families. https://www.oregon.gov/DHS/SENIORS-DISABILITIES/SPPD/Pages/ODHHS.aspx Oregon Disabilities Commission (ODC) Initially formed in 1983 and re-formed in 2005, ODC is a governor-appointed commission housed in the Department of Human Services. The commission is composed of 15 members broadly representative of major public and private agencies that are experienced in or have demonstrated particular interest in the needs of individuals with disabilities. http://www.oregon.gov/DHS/SENIORS-DISABILITIES/ADVISORY/ODC/Pages/index.aspx City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 104 Oregon Self Advocacy Coalition (OSAC) OSAC advocates for the equal rights of people with disabilities, fighting for self-determination and full inclusion in society. Its programs help further the advancement of people with disabilities, with the goal of impacting legislation affecting people with disabilities. https://www.askosac.org/ Oregon Spinal Cord Injury Connection (local chapter of the United Spinal Association) United Spinal Association is a membership organization serving individuals with spinal cord injuries or disease. Formerly known as the Eastern Paralyzed Veterans Association, the organization expanded its mission to serve people with spinal cord injuries or disease regardless of their age, gender or veteran status. Information on accessibility training and consulting services and recreational opportunities for people with spinal cord injuries or disease is available on their website. http://www.unitedspinal.org Oregon Technology Access Program (OTAP) OTAP provides training, information, technical assistance, and resources regarding the uses of technology for children with disabilities. Services are available to anyone concerned with the needs of Oregon's children with disabilities from birth to age 21. The program is sponsored by the Oregon Department of Education. https://douglasesd.k12.or.us/oregon-technology-access-program- otap/?fbclid=IwAR3ZPoJW60E1QqJ3j4H3rrFdPyeTjbFfbMUt_zMkwtZjYrbsEFN_R-ajzRk Paralyzed Veterans of America (PVA) PVA is a national advocacy organization representing veterans. PVA’s Sports and Recreation Program promotes a range of activities for people with disabilities, with special emphasis on activities that enhance lifetime health and fitness. PVA’s website provides information on useful sports publications and a list of contacts. http://www.pva.org Special Olympics Oregon Special Olympics Oregon uses sports training and competition to grow acceptance and inclusion of children and adults with intellectual disabilities. The group provides year-round sports training and athletic competition in a variety of Olympic-type sports for children and adults. https://soor.org/ State Independent Living Council (SILC) SILC is a federally mandated, governor-appointed body, designed to ensure that people with disabilities have a major role in designing Oregon's Independent Living program services. The Independent Living Services Program is a nonresidential, consumer-directed model of peer support, information and referral, skills training, and advocacy for people with disabilities. http://www.oregon.gov/DHS/SENIORS-DISABILITIES/SILC/pages/index.aspx City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 105 TVW Inc. TVW helps people with disabilities prepare for, find, attain, and maintain employment to become more self-sufficient and independent. The organization operates a work-place readiness training program that includes vocational training, communication skills in the workplace, interviewing, attire, appropriate language, and more. Career development services include discovery, vocational assessments, job development, and job coaching. https://www.tvwinc.org/ United Cerebral Palsy Association (UCP) UCP's mission is to advance the independence, productivity and full citizenship of people with cerebral palsy and other disabilities, through a commitment to the principles of independence, inclusion, and self-determination. http://www.ucp.org United Spinal Association United Spinal Association is a membership organization serving individuals with spinal cord injuries or disease. Formerly known as the Eastern Paralyzed Veterans Association, the organization expanded its mission to serve people with spinal cord injuries or disease regardless of their age, gender or veteran status. Information on accessibility training and consulting services and recreational opportunities for people with spinal cord injuries or disease is available on their website. http://www.unitedspinal.org Washington County Disability, Aging, and Veteran Services (DAVS) This division of the Department of Health and Human Services provides programs and services to maintain and enhance the quality of life for Washington County seniors, veterans, and people with disabilities. DAVS offers support for family caregivers, assists with Medicare, connects individuals with limited income and resources to key benefits, and provides short- term intervention to help isolated seniors navigate and access services, among other programs. https://www.co.washington.or.us/hhs/davs/ World Institute on Disability WID is an international public policy center dedicated to carrying out research on disability issues. WID maintains an online information and resource directory on technology, research, universal design, and ADA. http://www.wid.org/resources/ City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 106 7.3 Guidance Documents and Articles—Web Design National Center for Accessible Media (NCAM) NCAM is a research and development facility dedicated to addressing barriers to media and emerging technologies for people with disabilities in their homes, schools, workplaces, and communities. NCAM is part of the Media Access Group at Boston public broadcaster WGBH, which includes two production units, The Caption Center and Descriptive Video Service® (DVS®). Tools and guidelines for creating accessible digital media can be found on the NCAM website. https://www.wgbh.org/foundation/ncam/guidelines/accessible-digital-media-guidelines Utah State University, Center for Persons with Disabilities, WebAIM WebAIM (Web Accessibility in Mind) is a non-profit organization based at the Center for Persons with Disabilities at Utah State University that has provided comprehensive web accessibility solutions since 1999. Documents and training materials, including the following publications, can be downloaded from the WebAIM website. http://www.webaim.org/ Web Accessibility Initiative (WAI) WAI develops guidelines widely regarded as the international standard for Web accessibility, support materials to help understand and implement Web accessibility, and resources, through international collaboration. The Web Content Accessibility Guidelines (WCAG) was developed with a goal of providing a single shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally. Documents and training materials, including the following publications, can be downloaded from the WAI website. https://www.w3.org/WAI/ City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 107 7.4 Guidance Documents and Articles—Signage APH Tactile Graphic Image Library American Printing House for the Blind, Inc. (APH). The website requires registration for access, and it is free. http://www.aph.org/tgil/ Designing for People with Partial Sight and Color Deficiencies Arditi, Aries. Effective Color Contrast: 2005. https://pages.mtu.edu/~nilufer/classes/cs3611/interesting-stuff/designing-with-colors- 1/color_contrast.htm Signage and the 2010 ADA Standards Luminant Design LLC. v2.1. 2011. http://www.luminantdesign.com/ada.html Signage Requirements in the 2010 Standards for Accessible Design Society for Experiential Graphic Design (SEGD). https://segd.org/sites/default/files/SEGD_2012_ADA_White_Paper_Update.pdf U.S. Department of the Interior, National Park Service – Harpers Ferry Center Accessibility Committee Harpers Ferry Center (HFC) serves as the Interpretive Design Center for the National Park Service. HFC works to ensure that the highest level of accessibility that is reasonable is incorporated into all aspects of interpretive media, planning, design, and construction. This includes ensuring that all new interpretive media are provided in such a way as to be accessible to and usable by all persons with a disability. It also means all existing practices and procedures are evaluated to determine the degree to which they are currently accessible to all visitors, and modifications are made to assure conformance with applicable laws and regulations. The HFC website includes accessibility resources, guidelines and updates, Department of the Interior Section 504, photographs of best practices, and more. http://www.nps.gov/hfc/accessibility/ City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 108 7.5 Guidance Documents and Articles—Creating Accessible Documents Adobe Software • Creating Accessible Adobe PDF Files. https://helpx.adobe.com/acrobat/using/creating-accessible-pdfs.html • Create and verify PDF accessibility (Acrobat Pro). https://helpx.adobe.com/acrobat/using/create-verify-pdf-accessibility.html • Accessibility by product. https://www.adobe.com/accessibility/products.html American Council of the Blind (ACB) Best Practices and Guidelines for Large Print Documents used by the Low Vision Community. 2011. http://acb.org/large-print-guidelines Braille Authority of North America and the Canadian Braille Authority Guidelines and Standards for Tactile Graphics (Web Version). 2012. http://www.brailleauthority.org/tg/web-manual/tgmanual.html GSA Government-wide Section 508 Accessibility Program Create Accessible Electronic Documents (a compilation of federal guidance, checklists, and testing information for creating and maintaining accessible documents in various popular electronic formats, including Word, PDF, Excel, and PowerPoint). https://www.section508.gov/create/ Smithsonian Institution Smithsonian Guidelines for Accessible Publication Design. 2001. https://www.si.edu/Content/Accessibility/Publication-Guidelines.pdf Social Security Administration, Accessibility Resource Center (SSA-ARC) SSA Guide: Producing Accessible Word and PDF Documents, Version 2.1. 2010. https://www.ssa.gov/accessibility/files/The_Social_Security_Administration_Accessible_Docum ent_Authoring_Guide_2.1.2.pdf A Guide to Making Documents Accessible to People Who Are Blind or Visually Impaired. 2002. http://www.sabeusa.org/wp-content/uploads/2014/02/A-Guide-to-Making-Documents- Accessible-to-People-Who-are-Blind-or-Visually-Impaired.pdf University of Washington Creating Accessible Documents. https://www.washington.edu/accessibility/documents/ City of Lake Oswego | ADA Self-Evaluation and Transition Plan October 2022 109 7.6 Training Resources ADA National Network https://adata.org/ada-training Great Lakes ADA Center http://www.adagreatlakes.org/ProgramsAndServices/Trainings/ Northwest ADA Center http://nwadacenter.org/training United States Access Board https://www.access-board.gov/training Southeast ADA Center http://adasoutheast.org/training/courses.php ADA Coordinator Training Certificate Program https://www.adacoordinator.org/default.aspx Resolution 22-37 Page 1 of 2 RESOLUTION 22-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ADOPTING THE CITY OF LAKE OSWEGO AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND TRANSITION PLAN. WHEREAS, Title II of the Americans with Disabilities Act of 1990 requires that public entities identify and evaluate all programs, services, facilities and activities, and develop a transition plan to remove barriers to access; and WHEREAS, the City of Lake Oswego is committed to foster diversity, equity and inclusion in Lake Oswego and in the City as an organization in which everyone has equal access to opportunities, in order to thrive and enjoy a high quality of life; and WHEREAS, on January 7, 2020, City Council approved a contract with Moore Iacofano Goltsman, Inc. to develop an ADA Self-Evaluation and Transition Plan (SETP); and WHEREAS, the City initiated the ADA SETP project in spring 2020; however, as a result of the COVID-19 pandemic, the project was delayed from the original estimated schedule; and WHEREAS, the City staff, with the assistance of Moore Iacofano Goltsman, has reviewed all City programs, services and polices; evaluated the accessibility of City facilities (buildings, parks and parking lots); assessed facilities in the public right-of-way and developed a strategic plan and tools for implementing the recommended changes to City facilities and practices; and WHEREAS, the City’s ADA Stakeholder Group, comprised of members of Lake Oswego’s disability community, met in March 2022 and provided valuable input and recommendations on the prioritization of the transition plan; and WHEREAS, a draft of the Plan was posted on the City’s website and hard copies were made available from July 26 through September 30, 2022 at the Library, Adult Community Center and City Hall for public review and comment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The Council adopts the City of Lake Oswego Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan, which is attached as Exhibit A and incorporated by reference. Section 2. Effective Date. This resolution is effective upon adoption. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 20th day of December 2022. ATTACHMENT 2 Resolution 22-37 Page 2 of 2 AYES: NOES: EXCUSED: ABSTAIN: ___________________________________ Joseph M. Buck, Mayor ATTEST: ___________________________________ Kari Linder, City Recorder APPROVED AS TO FORM: ________________________________ Evan Boone, City Attorney Pro Tem ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* t: I am a person with a disability who lives or works in Lake Oswego C I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* t: Yes No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* There are Lake Oswego parks that are not accessible to me.Although,a plan was established to make an accessible parking lot and restroom at Stevens Meadows,a citizen's bond measure prevented new construction at parks that involved paving natural surfaces.As someone who uses a mobility device,this does not allow me to use this natural resource. Cooke Park is nearby and it doesn't have a parking lot where I can deploy my ramp to exit my van,either. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections Sidewalks Crosswalks rJ ADA parking Pathways Facility access fJ Park access Website accessibility Effective communication rJ Other Information on websites as to what might be most important for people with the broad range of disabilities. Such as parking, public transit,trail surface, accessible restrooms and other amenities like benches. Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* ATTACHMENT 3 Yes 6 No Please provide any additional comments or recommendations to improve the plan document.* If it could address issues that prevent people from being to equitably access the LO parks, like in the case of Stevens Meadows,that would go a long way. Would you like to be added to an ADA Email Distribution List?* Yes r No How did you hear about the City's ADA Transition Plan and this feedback form?Please check all that apply.* City's Website rJ Community group meeting or member Social Media YouTubeNideo Friend, Family or Colleague HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* r Yes No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* r Yes No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* Not enough ada parking at parks Not enough Bathrooms accessible for people who must use scooters What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections rJ Sidewalks Crosswalks rJ ADA parking Pathways rJ Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* r Yes No Please describe:* It should be called Step 1. Step 2 and more of the plan needs to address the more difficult issues of transportation to events/stores/appts for those without transportation. Step 3 is financial equity.... Please provide any additional comments or recommendations to improve the plan document.* Broaden scope.Work with DEI plans Would you like to be added to an ADA Email Distribution List?* Yes C No Email Address* How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* rJ City's Website 17 Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague rJ HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* r Yes C No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* t: I am a person with a disability who lives or works in Lake Oswego C I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* t: Yes No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* N/A What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* 7 Curb ramps 17 Pedestrian pushbuttons at intersections Sidewalks 17 Crosswalks ADA parking Pathways Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* N/A Would you like to be added to an ADA Email Distribution List?* 6' Yes r No Email Address* How did you hear about the City's ADA Transition Plan and this feedback form?Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter Other I work for the City If the City needs clarifications on any of your input,can they contact you?* r Yes r No ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA t: I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes 6' No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* More pathways in general would be great. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections Sidewalks Crosswalks ADA parking I Pathways Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* It looks pretty comprehensive. Would you like to be added to an ADA Email Distribution List?* C Yes No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* 17 City's Website In Community group meeting or member r Social Media YouTubeNideo r Friend, Family or Colleague HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* f Yes r No ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* t: I am a person with a disability who lives or works in Lake Oswego C I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* t: Yes No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* The accessible entrance is not prioritized as the main entrance for some events. For example,at the LO Festival of Arts this year,the main entrance was right at the top of a set of stairs and the accessible entrance was at the other side;this main entrance was also marked as the exit,despite not being accessible. There are areas with steep gradients that should be marked. For example,the path leading to the water's edge at Foothills Park. Furthermore,this transition plan itself was not given proper advertisement. I was not aware of this document until I found it in the Lake Oswego Library. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections Sidewalks 17 Crosswalks ADA parking Pathways P Facility access fJ Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* t: Yes C No Please describe:* There are structural considerations that the city should focus on. I have noticed quite a few barriers in my own neighborhood. For one,the sidewalks in parts of Lake Oswego, including Westlake, are only along one side of the road,which can sometimes force people to walk in the roads.This is unsafe--especially for people using mobility devices.Additionally,the inconsistent amount of street lighting creates access barriers. For example, street lighting in Westlake area along Westlake Drive is spaced out too much for easy visibility.This makes crossing the road more dangerous and presents an access barrier. Furthermore,some areas in Lake Oswego lack a stop sign,which can make walking more dangerous.The intersection between Ridgetop Ct and Rogers Road has no stop sign but it can be challenging to see cars turning down onto Rogers. Furthermore,the city should think more broadly about including deaf and blind people.The city does talk about alternative formats but should think outside the box about how to make the city more accessible in a proactive manner. For example, make use of tactile paving to help guide the blind.This blog addresses this aspect of design: https://blogs.oregonstate.edu/Okatherineeedesign/2021/02/28/street-design-for-blind/ There are also issues around services within Lake Oswego. Many people with disabilities have trouble with employment and transportation.Though there is some public transportation available in Lake Oswego, it is not nearly enough for people to get around without a car.The use of Trimet LIFT is certainly effective but it cannot make up for fully accessible regular public transit. Moreover,there is no unemployment office in or close enough to Lake Oswego--for people with disabilities,this makes it hard to get help they may need.When compounded with public transit difficulties,this is challenging. Please provide any additional comments or recommendations to improve the plan document.* The draft transition plan is quite detailed and seems rather effective for improving the city. I am quite grateful that the city did a full ADA review with an eye for physical accessibility.Thank you for creating this, sharing this and making it publicly available. Talk about the importance of accessibility beyond the legal mandate.While that framework is critical, it is also important to acknowledge people themselves. Ex:accessibility allows everyone to participate,creating a stronger sense of community. In my personal experiences,the legal mandate can give the impression that people should only do the bare minimum. Instead, I suggest talking about concepts like universal design in this transition plan. Furthermore, please add Disability Rights Oregon to section 7.2 as they are a crucial statewide group. Lastly,there is a confusing sentence on page 44.The line reads"The facilities with no assigned rank have no access deficiencies identified have no assigned color." I suggest this be edited for clarity. Would you like to be added to an ADA Email Distribution List?* r Yes r No Email Address* How did you hear about the City's ADA Transition Plan and this feedback form?Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter 17 Other Lake Oswego Library If the City needs clarifications on any of your input,can they contact you?* 6' Yes r No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA t: I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes No t: Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* The corners on Indian Creek Drive that are not ADA and present many issues for residents.We have a neighborhood pool and several fields and recreation areas that many access.Anyone with strollers or wheelchairs need to step into the street to access those facilities. LO is repairing several sidewalks in the area that are much less traveled but keep ignoring these. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* rJ Curb ramps Pedestrian pushbuttons at intersections rJ Sidewalks fJ Crosswalks ADA parking Pathways Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes 6 No Please provide any additional comments or recommendations to improve the plan document.* No opinion Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter rJ Other LO Review If the City needs clarifications on any of your input,can they contact you?* t: Yes C No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* r Yes No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* Just sometimes unclear where my husband can go in parks with accessibility to motorized scooter What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* rJ Curb ramps Pedestrian pushbuttons at intersections Sidewalks Crosswalks ADA parking Pathways Facility access fJ Park access rJ Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* I was impressed by the thoroughness of the plan Would you like to be added to an ADA Email Distribution List?* 6' Yes r No Email Address* How did you hear about the City's ADA Transition Plan and this feedback form?Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague rJ HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* 6' Yes r No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA t: I am an interested community member Have you reviewed the City's draft Transition Plan?* t: Yes No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* No What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* rJ Curb ramps Pedestrian pushbuttons at intersections rJ Sidewalks fJ Crosswalks ADA parking Pathways Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* Please don't use addition of curb ramps as an excuse to make streets more hostile to pedestrians.When you put in curb ramps along Melrose last year,you added quite a few Crosswalk Closed signs that are ugly,out of place,and hostile to pedestrians.This city is unfriendly enough to pedestrians as it is--don't make it even worse. Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague rJ HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* r Yes 6 No ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* t: I am a person with a disability who lives or works in Lake Oswego C I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* t: Yes No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* In general; doors are sometimes too heavy or the handles or bars are not at a height that allows good body mechanics.The button openers are not always apparent. If they were standardized this would help.An example is the library What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections rJ Sidewalks Crosswalks rJ ADA parking Pathways Facility access fJ Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* t: Yes No Please describe:* There are other mobility devices other than wheelchairs and scooters. Crutches, anyone.? Please provide any additional comments or recommendations to improve the plan document.* Consideration for places to sit in case something gives out or for respite if we feel weak or unsteady. Would you like to be added to an ADA Email Distribution List?* r Yes r No How did you hear about the City's ADA Transition Plan and this feedback form?Please check all that apply.* 17 City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague rJ HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* 6 Yes r No Name Phone Number ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* t: I am a person with a disability who lives or works in Lake Oswego C I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* t: Yes No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* City website, social media, and communications What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* rJ Curb ramps Pedestrian pushbuttons at intersections Sidewalks Crosswalks ADA parking Pathways Facility access Park access rJ Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* see above-City website,social media,and communications Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* rJ City's Website Community group meeting or member rJ Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* r Yes r No ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* t: I am a person with a disability who lives or works in Lake Oswego C I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* t: Yes No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* Nothing in regards to City policies, practices, procedures,or programs. Accessibility could be improved at Stevens Meadows park. I couldn't deploy my van ramp to access the park due to the lack of accessible parking. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections Sidewalks Crosswalks rJ ADA parking Pathways Facility access fJ Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* t: Yes No Please describe:* I noticed that Stevens Meadows and Cook Butte Parks were not included to be evaluated.The fact that both provide access to the same popular birding location, and neither have accessible parking, is a critical omission. It seems to be a missed opportunity to address a barrier to people with mobility disabilities,when they aren't even considered in the ADA Transition Plan. Please provide any additional comments or recommendations to improve the plan document.* Make accessible access to parks a high priority.This should be a minimum requirement for all parks, regardless if they have any features other than natural surface trails.All parks need to be without a barrier to access,just because visitors use mobility devices to enjoy them. Would you like to be added to an ADA Email Distribution List?* r Yes r No How did you hear about the City's ADA Transition Plan and this feedback form?Please check all that apply.* City's Website rJ Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* r Yes r No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes 6' No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* No What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps 17 Pedestrian pushbuttons at intersections 7 Sidewalks Crosswalks 7 ADA parking Pathways Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* N/A Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website 17 Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* t: Yes C No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA t: I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes No t: Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* I am not aware of any What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* rJ Curb ramps Pedestrian pushbuttons at intersections Sidewalks fJ Crosswalks ADA parking Pathways rJ Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* have none at this time Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague rJ HelloLO newsletter rJ Other from library board If the City needs clarifications on any of your input,can they contact you?* t: Yes C No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* t: I am a person with a disability who lives or works in Lake Oswego C I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes No t: Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* As someone with vision impairment the signs at City Hall are hard for me to read. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* rJ Curb ramps Pedestrian pushbuttons at intersections Sidewalks Crosswalks ADA parking Pathways Facility access fJ Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* None Would you like to be added to an ADA Email Distribution List?* C Yes No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* r City's Website 17 Community group meeting or member r Social Media YouTubeNideo r Friend, Family or Colleague HelloLO newsletter r Other If the City needs clarifications on any of your input,can they contact you?* f Yes r No ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA t: I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes No t: Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* Woodmont Park's"step over"bridge has been broken for months. It is inaccessible for wheel chairs and unsafe for walkers-especially in winter months. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps 17 Pedestrian pushbuttons at intersections Sidewalks Crosswalks ADA parking Pathways Facility access 17 Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* Please manage established parks other than just emptying garbage cans. Please make parks ADA user friendly. Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter rJ Other Newspaper If the City needs clarifications on any of your input,can they contact you?* r Yes r No ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA t: I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes No t: Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* wish more visible the walking paths/sidewalks so the car drivers are more aware that pedestrians will be using the path/sidewalk, etc. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps 17 Pedestrian pushbuttons at intersections 7 Sidewalks Crosswalks ADA parking fJ Pathways Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* Felt The City reviewed quite thoroughly. Hope there will be a zoom or live meeting for constituents can attend and make their input be heard. Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter rJ Other LO Library- I am a board member If the City needs clarifications on any of your input,can they contact you?* t: Yes C No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA t: I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes No t: Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* NA What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* rJ Curb ramps Pedestrian pushbuttons at intersections Sidewalks fJ Crosswalks rJ ADA parking Pathways Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* NA Would you like to be added to an ADA Email Distribution List?* C Yes No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* r City's Website In Community group meeting or member 17 Social Media YouTubeNideo r Friend, Family or Colleague HelloLO newsletter r Other If the City needs clarifications on any of your input,can they contact you?* f Yes r No ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA t: I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes 6' No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* I have a friend who lives on Lake Grove Ave who uses a wheelchair.There is a path that he cannot use on garbage day because it is lined with garbage cans. Builders need to consider this when they build new homes. There needs to be a place for garbage cans and parking,that don't block pathways. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections Sidewalks Crosswalks ADA parking I Pathways Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* didnt read the whole thing Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague rJ HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* t: Yes C No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA t: I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes No t: Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* The lack of sidewalks in north of the lake neighborhoods and hard surface pathways in various natural park and developed park areas means there is no safe access for people that rely on"wheeled"assistance such as wheelchairs or walkers. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections rJ Sidewalks Crosswalks ADA parking fJ Pathways Facility access fJ Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* t: Yes No Please describe:* Hard surface pathways and sidewalks Please provide any additional comments or recommendations to improve the plan document.* None Would you like to be added to an ADA Email Distribution List?* r Yes r No How did you hear about the City's ADA Transition Plan and this feedback form?Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague rJ HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* 6 Yes r No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA t: I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes 6' No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* The city website is not designed very well, it is hard to navigate for parks department, LOSD, meetings,signing up for classes and making reservations. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections rJ Sidewalks fJ Crosswalks ADA parking fJ Pathways Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* The city website needs to be updated and improved. Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter rJ Other Kelli Byrd,ADA Coordinator If the City needs clarifications on any of your input,can they contact you?* r Yes 6 No ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA t: I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes No t: Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* N/A I am responding to this survey to encourage the improvement of our city sidewalks and crosswalks. Making these ADA compliant improves them for use by all. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections rJ Sidewalks fJ Crosswalks ADA parking Pathways Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* N/A Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter rJ Other LOSD weekly newsletter,The Current If the City needs clarifications on any of your input,can they contact you?* t: Yes C No Name Phone Number ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego t: I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* t: Yes No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* The sidewalk on Lakeview Blvd,just West of Bryant, is missing for several feet. Pedestrians have to walk in the road, right where cars are turning and can't see them.This is a direct route for children to walk to the Lake Grove Swim Park,and is extremely dangerous! There is also inadequate lighting there.This needs to be fixed ASAP! What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections rJ Sidewalks Crosswalks ADA parking Pathways Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* t: Yes No Please describe:* See my comment above re:the sidewalk on Lakeview. Please provide any additional comments or recommendations to improve the plan document.* None Would you like to be added to an ADA Email Distribution List?* r Yes r No How did you hear about the City's ADA Transition Plan and this feedback form?Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague rJ HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* r Yes r No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA t: I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes 6' No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* n/a What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* rJ Curb ramps Pedestrian pushbuttons at intersections Sidewalks fJ Crosswalks ADA parking Pathways rJ Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* n/a Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video rJ Friend, Family or Colleague HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* t: Yes C No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA t: I am an interested community member Have you reviewed the City's draft Transition Plan?* t: Yes No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* This plan prioritizes access to city facilities, buildings, parks and parking lots. Citizens who might occasionally need these access points reside in the neighborhoods and need to have safe routine access there.Yet this plan assigns the lowest priority to safety in one's neighborhood ("other").This is where safety is needed most. I have severely disabled people in my family and know only too well their struggles in navigating streets with a scooter or walker. Seniors and disabled folks cannot move quickly to get out of the way of cars. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* 7 Curb ramps 17 Pedestrian pushbuttons at intersections Sidewalks 17 Crosswalks ADA parking Pathways Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* t: Yes C No Please describe:* Prioritizing safety in residential neighborhoods,for disabled folks as well as the general residential population. Please provide any additional comments or recommendations to improve the plan document.* ADA access is important and I am glad the city is planning to implement improvements. Would you like to be added to an ADA Email Distribution List?* r Yes r No Email Address* How did you hear about the City's ADA Transition Plan and this feedback form?Please check all that apply.* City's Website rJ Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* r Yes r No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* t: I am a person with a disability who lives or works in Lake Oswego C I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes No Partially 6 Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* Hazelia Field: It is really hard to get to the field. My husband is a wheelchair user.The path is really uneven and we have to lift the front wheels of his chairs to get down to the field.The ramp is very steep and its turf. My husband has a difficult time trying to play soccer with our boys. East Waluga Park:There is a barrier that crosses the road/parking lot to not allow cars to go thru, but my husband is unable to pass thru in his wheelchair.We have to go around in the gravel.This is very difficult. Can there be a gap for wheelchairs or pedestrians to pass? I am willing to meet with City staff at the locations to explain in more detail What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections Sidewalks Crosswalks ADA parking Pathways rJ Facility access fJ Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* n/a Would you like to be added to an ADA Email Distribution List?* r Yes No Email Address* How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website Community group meeting or member rJ Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter rJ Other Friend If the City needs clarifications on any of your input,can they contact you?* r Yes No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* t: I am a person with a disability who lives or works in Lake Oswego C I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes No Partially 6 Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* I am concerned that ADA parking spots are being replaced with EV spots. I have noticed that EV spots seem to be close to the entrances of buildings. Closer then the ADA spots at times.This is very concerning. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections Sidewalks Crosswalks rJ ADA parking Pathways Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* n/a Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter rJ Other unknown If the City needs clarifications on any of your input,can they contact you?* t: Yes C No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes No r Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* Please also consider those at high risk for covid. Please protect them.Thank you. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections Sidewalks Crosswalks ADA parking Pathways rJ Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* Include non physical changes that can be implemented to protect immunocompromised or may be at high risk of covid infection with poor outcomes. Improve indoor air quality. Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website Community group meeting or member rJ Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* r Yes r No ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* r I am a person with a disability who lives or works in Lake Oswego C I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes No r Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* No What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* rJ Curb ramps Pedestrian pushbuttons at intersections rJ Sidewalks Crosswalks ADA parking Pathways Facility access Park access Website accessibility Effective communication 17 Other Railroad pedestrian crossing.The wheels of my mobility scooter get caught on rails. Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* Yes r No Please provide any additional comments or recommendations to improve the plan document.* This might already be in plan document and I overlooked it. I recommend a mechanism in which people can report things like raised sidewalks or other barriers that can occur due to disrepair and other damage. Would you like to be added to an ADA Email Distribution List?* C Yes t: No How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video rJ Friend, Family or Colleague rJ HelloLO newsletter rJ Other Lake Oswego Review If the City needs clarifications on any of your input,can they contact you?* t: Yes C No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* I am a person with a disability who lives or works in Lake Oswego I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* r Yes No Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* The one thing that lake Oswego is known for is the lake. I take my granddaughter there every week in the summer but her wheelchair bound mother can not be with her.While many aspects of Lake Oswego have compromised accessibility this one and only access to all lake Oswego residents has Zero accessibility.A fifteen year time line is not an appropriate ADA response to complete non-accessibility. Ramps were placed at George Rogers park so they can be built at the swim park. BTW I inquired the LO ADA via email early in the summer at the request of my disabled daughter and never got any response- What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections Sidewalks Crosswalks ADA parking I Pathways rJ Facility access fJ Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* t: Yes C No Please describe:* See above-the three words in the plan do not clearly state that the swim park is completely in accessible Please provide any additional comments or recommendations to improve the plan document.* Please be clear where a facility is completely inaccessible Would you like to be added to an ADA Email Distribution List?* r Yes r No Email Address* How did you hear about the City's ADA Transition Plan and this feedback form?Please check all that apply.* City's Website Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague rJ HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* r Yes r No Name ADA Transition Plan Feedback Survey vaeavd The City of Lake Oswego has developed its draft Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan and we are seeking your feedback.The Plan guides the City in making Lake Oswego's facilities, parks,and public right-of-way accessible to all.This includes all public programs,services,facilities, and activities for community members with disabilities. The plan will be submitted to City Council for adoption later this year,after the public review period.The draft plan can be found at www.lakeoswego.city/ada. The City welcomes your feedback related to the ADA Transition Plan. Community input is valuable to help the City determine steps to take to ensure access for people with disabilities. Please complete this survey! If you have questions or need assistance to complete this survey, please call 503-635-0282 or email ada@lakeoswego.city. What best describes you?* t: I am a person with a disability who lives or works in Lake Oswego C I am a caregiver or support a person with a disability who lives or works in Lake Oswego I work in the disability or ADA field I am interested in disability awareness and the ADA I am an interested community member Have you reviewed the City's draft Transition Plan?* Yes No t: Partially Prefer not to answer Are there any City policies, practices, procedures,or programs that you have encountered that are inaccessible or where accessibility could be improved?Please list them and share details.* Too many to list here today. What do you feel are the highest priorities for the City to fix first?(Please select the top three that are MOST important to you.)* Curb ramps Pedestrian pushbuttons at intersections rJ Sidewalks Crosswalks rJ ADA parking Pathways rJ Facility access Park access Website accessibility Effective communication Other Is there anything that you think the City of Lake Oswego missed in the draft transition plan?* t: Yes No Please describe:* City code and policies need to be updated to both include and promote more accessible housing including detached duplexes/triplexes/fourplexes as as well as incentives for universal design. (The current city code discriminates against disabled individuals and their families) Complete and immediate funding for ADA plan implementation in City budget(Timeframes in the plan are far too long and unacceptable for disabled individuals,seniors and their families). Technology that allows full participation in meetings remotely as well as city programs. (City needs a Virtual Accommodations Coordinator.) Please provide any additional comments or recommendations to improve the plan document.* Can not today... Would you like to be added to an ADA Email Distribution List?* r Yes C No Email Address* How did you hear about the City's ADA Transition Plan and this feedback form? Please check all that apply.* City's Website 17 Community group meeting or member Social Media YouTube/Video Friend, Family or Colleague HelloLO newsletter Other If the City needs clarifications on any of your input,can they contact you?* r Yes C No Name From: Sent: Friday, September 30, 2022 3:52 PM To:Byrd, Kelli; ADA Cc: Linder, Kari; Buck, Joe; Bennett, Martha Subject: EXTERNAL] Public Comment for the ADA Self Evaluation and Transition Plan #1 Follow Up Flag:Follow up Flag Status: Flagged To: Kelli Byrd, ADA Coordinator, City of Lake Oswego cc: Mayor Joe Buck, City Manager Martha Bennett, City Recorder Kari Linder I am submitting this email (and the attached) as Public Comment on the ADA Self-Evaluation and Transition plan. These issues should be part of the ADA Self Evaluation and Transition: City code and policies need to be updated to both include and promote more accessible housing including detached duplexes/triplexes/fourplexes as as well as incentives for universal design. Complete and immediate funding for ADA plan implementation in City budget. Technology that allows full participation in meetings remotely as well as city programs. As you may recall, these issues were also discussed in the ADA Stakeholder Group Meeting on 3/15/22 and are reflected in the meeting summary. Sent: Fri, Apr 8, 2022 3:40 pm Subject: Re: ADA Stakeholder Meeting Summary To: Kelli Byrd cc ADA Stakeholder related Here are my answers (in bold) to your questions: 1 . Are there any other barriers not listed in the reports? If yes, please describe them/list them here. City code and policies need to be updated to both include and promote more accessible housing including detached duplexes/triplexes/fourplexes as as well as incentives for universal design. Complete and immediate funding for ADA plan implementation in City budget. Technology that allows full participation in meetings remotely as well as city programs. 2. What do you feel are the highest priorities to fix first? (Please select the top three that are MOST important to you.) Sidewalks, ADA parking, Facility Access Curb ramps Pedestrian pushbuttons at intersections Sidewalks Crosswalks ADA parking Pathways Facility access Park access Website accessibility Effective communication Other (Please specify.) Best regards, Sent: Wed, Mar 30, 2022 4:10 pm Subject: ADA Stakeholder Meeting Summary Hello ADA Stakeholders and City Staff, I hope you are doing well. Please see the attached meeting summary for your review and comment. 2 Please let me know: 1. Are there any other barriers not listed in the reports? If yes, please describe them/list them here. 2. What do you feel are the highest priorities to fix first? (Please select the top three that are MOST important to you.) Curb ramps Pedestrian pushbuttons at intersections Sidewalks Crosswalks ADA parking Pathways Facility access Park access Website accessibility Effective communication Other (Please specify.) Next Steps: Please answer the above questions and send any other questions, comments or concerns that did not get addressed during the meeting to me by Friday, April 8, 2022. This can include feedback on the draft self-evaluation report, prioritization for barrier removal in the right-of-way and at building and park facilities, or any other general concerns about accessibility. Based on your feedback, the policy and program evaluation, the facility evaluations, and the prioritization and scheduling process, MIG (the consultants) will then revise the draft of the self-evaluation and transition plan. We hope to share the plan with the public in May. Thank you for taking the time out of your busy schedule to provide valuable input on how we can make the City of Lake Oswego more accessible to all. Thanks, Kelli Kelli Byrd, ADAC ADA Coordinator Engineering Department she/her) City of Lake Oswego 380 A Avenue PO BOX 369, Lake Oswego OR 97034 503.635.0282; TTY: 711 Stay Connected I Facebook I Twitter I Instagram I e-updates PUBLIC RECORDS LAW DISCLOSURE This e-mail is a public record of the City of Lake Oswego and is subject to public disclosure unless exempt from disclosure under Oregon Public Records Law. This email is subject to the State Retention Schedule. 3 From: Sent: Friday, September 30, 2022 4:42 PM To:Byrd, Kelli; ADA Cc: Buck, Joe; Bennett, Martha; Linder, Kari Subject: EXTERNAL] Public Comment for the ADA Self Evaluation and Transition Plan #2 Follow Up Flag:Follow up Flag Status: Flagged To: Kelli Byrd, ADA Coordinator, City of Lake Oswego cc: Mayor Joe Buck, City Manager Martha Bennett, City Recorder Kari Linder I am submitting this second email (and the attached) as Public Comment on the ADA Self-Evaluation and Transition plan. This issue should be part of the ADA Self Evaluation and Transition plan: City code and policies need to be updated to both include and promote more accessible housing including detached duplexes/triplexes/fourplexes as as well as incentives for universal design. The attached emails also demonstrate support for this issue related to previous Middle Code Housing Advisory Committee votes and previous 50+ Advisory Board discussion/goals. Best regards, Sent: Fri, Nov 19, 2021 12:22 pm Subject: Fwd: MHCAC Detached Units Questions & Polling Results for today's meeting discussion To: 50+ Advisory Board and others cc'd on today's meeting memo A while back, I said that I would try to send you some info related to our Middle Housing Code Advisory Committee discussion. I asked Erik Olson yesterday to send me the questions we discussed and answered on detached units (duplexs, triplexes and quad-plexes). In addition to myself, other members of the committee supported this concept as you can see in the questions and votes info that I am forwarding to you in this email. I know from our 50+ Advisory Board discussions/goals that we would like to see more multi- generational and accessible housing as well as more middle and affordable housing that works for seniors who live in this community. Look forward to disussing this importand issue as part of our accomplishments and goals discussion today. Best, Original Message From: Olson, Erik <eolson©ci.oswego.or.us> To: Sent: Thu, Nov 18, 2021 12:52 pm Subject: MHCAC Detached Units Questions & Polling Results Meeting#2, Question #3: Should the City consider defining duplexes, triplexes, and quad-plexes to include detached units, in addition to attached units?[This question was posed in context of preserving existing single-family houses.] YES, more flexibility would be helpful —9 ( YES, but only to save trees— 1 ( MAYBE—0 NO—2 ( Meeting#3, Question #1: Should the definition of middle housing allow for detached dwellings in addition to attached dwellings, even if detached units are not needed in order to preserve an existing house? YES, detached units should be allowed even if they are not needed to preserve an existing house—8 ( NO, detached units should only be allowed in cases where an existing house is preserved— 1 ( NO, detached units should not be allowed for any reason other than as the State requires for cottage cluster developments—0 Erik Olson Senior Planner City of Lake Oswego PO Box 369 Lake Oswego, OR 97034 tel: 503.697.6524 2 et I in r Stay Connected I Facebook I Twitter I Instaaram I e-updates PUBLIC RECORDS LAW DISCLOSURE This e-mail is a public record of the City of Lake Oswego and is subject to public disclosure unless exempt from disclosure under Oregon Public Records Law. This email is subject to the State Retention Schedule. 3 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Resolution 22-32, Natural Areas Habitat Management Plan Meeting Date: December 20, 2022 Report Date: December 9, 2022 Staff Member: Megan Big John, Parks Manager Department: Parks & Recreation Action Required Advisory Board/Commission Recommendation ☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded ☒Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction☐Consent Agenda Staff Recommendation: To adopt Resolution 22-32 the Natural Areas Habitat Management Plan Recommended Language for Motion: Move to adopt Resolution 22-32. Project / Issue Relates To: City Council 2022 Goal; Invest in Lake Oswego’s high-quality parks, natural areas, and recreational services. Issue before Council (Highlight Policy Question): ☒Council Goals/Priorities ☐Adopted Master Plan(s)☐Not Applicable BACKGROUND Lake Oswego’s Parks and Recreation Department (LOPR) manages over 460 acres of natural land to maintain and enhance the city’s natural character and beauty. As stated in its mission, LOPR provides excellence in building community, enriching lives, and caring for our urban and natural environment. Protecting and conserving our natural area parks is an important aspect of this mission due to their role in providing important habitat for plants and animals, watershed and stormwater management, and spaces for the community to connect with nature. 8.28.2 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Since 2011 LOPR has been removing invasive plant species and replanting with native species, implementing two city programs: the Invasive Removal Program and the Habitat Enhancement Program. Together these programs annually fund $320,000 of this restoration work on city- owned land and provide grant funding to our local watershed councils for removing and replanting on private land. Since 2011, 370+ acres of the city’s natural areas have been included in the restoration process. DISCUSSION Plan Purpose and Benefits The Natural Areas Habitat Management Plan (Plan) focuses on improved ecological resiliency for 27 of the City’s natural areas and provides a framework for the management of other City- owned natural lands. This Plan seeks to achieve an overarching management goal for Lake Oswego’s natural areas: Enhance and restore Lake Oswego’s natural areas to provide safe and healthy 1 ecosystems. The purpose of the Plan is to provide a framework for consistent management of natural area parks managed by the City of Lake Oswego: Enhance and restore Lake Oswego’s natural areas to provide safe and healthy ecosystems that can support a wide diversity of native plants and animals and adapt to change amidst the increase of recreation, encroachment by invasive species, climate changes, changes to natural water flows, and threats posed by wildfire and climate change. The Plan is focused on developing habitat- and area-specific management objectives and strategies that are tailored to the existing habitat conditions observed within the City’s various natural areas. Anticipated benefits of the Plan include: •Providing the City with a framework for planning and prioritizing restoration activities; •Providing a framework that can be applied to other smaller or future natural area sites; •Ensuring transparency in how natural areas are managed; •Providing background information to help support land use approvals for necessary enhancement activities, particularly within areas identified by the City’s Sensitive Lands Atlas (LOC Article 50.05.010); and •Streamlining project development for habitat enhancement grant applications. 1 For the purposes of this plan, “healthy” natural area ecosystems are defined as natural areas that can support a wide diversity of native plants and animals and can adapt to change to maintain functionality amidst increased recreation, encroachment by invasive species, changes to natural water flows, and threats posed by wildfire and climate change. Page 3 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Past Management and Actions The Plan summarizes the management of the City’s natural areas to date by LOPR, through restoration contractors that enhance park properties. To date, LOPR has focused on the treatment and removal of English Ivy (Hedera helix, H. hibernica) and other prioritized invasive species, and the installation of native plants in disturbed habitat areas. The Plan also summarizes the City’s involvement with local volunteer groups and watershed councils, which are instrumental to the continued care of the City’s natural areas. Plan Methodology The Plan was developed by mapping and classifying seven general habitat types commonly observed: General Habitat Types Within City’s Natural Areas •mixed-conifer deciduous forest •deciduous forest, •Oregon white oak woodland •conifer forest, •shrubland •upland grassland •wetland Habitats were classified based on a unique condition ranking system for purposes of managing lands based on their ecological status (degraded, moderate, or good quality). The Plan lists eight Management Objectives to support the overarching management goals: Objective 1. Enhance Natural Area Health and Resilience by Supporting Natural Ecological Processes Objective 2. Noxious Weed Control Objective 3. Minimize Habitat Fragmentation Objective 4. Improve Climate Resilience Objective 5. Reduce Wildlife Hazards Objective 6. Enhance Hydrologic Function and Resource Protection Districts Objective 7. Selective Tree Removal to Improve Safe and Healthy Ecosystems Objective 8. Adaptively Manage Ongoing Public Engagement Opportunities that Benefit Habitat Protection and Enhancement These objectives were developed based on habitat conditions and observed factors that constrain healthy ecosystems (e.g., invasive species, dispersed, informal trails, and increased drought stress from increasing summer temperatures). Success criteria were developed for each objective to provide a means of determining whether objectives are achieved and to inform an adaptive management approach. This Plan includes management prescriptions, or strategies, that can be applied to help achieve these eight objectives. The prescriptions have been grouped into three categories: •General (apply to all parks and habitat types), Page 4 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY •Habitat-specific (apply to specific habitat types across all parks based on existing condition), and •Park-specific (apply to individual parks). Plan Recommendations The Plan is intended to be a living document that is periodically updated. To that end, it concludes with recommendations for adaptive management, a systematic approach for improving natural resource management based on periodic monitoring and a review of trends to inform ongoing management approaches. Data review and resulting plan updates are recommended every 6 years (every three biennial planning cycles). Regulatory Compliance The Plan complies with the City Charter (Chapter X’s Sections 42 Definition and 43 Limitations of Development) and, when applicable, the Sensitive Lands section of the Community Development Code (LOC 50.05.010). Community-Involvement in Creation of Plan The process for creating the Plan has included the following community and stakeholder members of the following organizations through various meetings: Plan Consultant AECOM; Parks, Recreation & Natural Resource Advisory Board members; Oswego Watershed Council; Tryon Watershed Council; Mosaic Ecology; Ash Creek Forest Management; Clackamas Soil & Water Conservation District; Stewardship Friends Groups; and staff. FISCAL IMPACT Adoption of the Natural Areas Habitat Management Plan has no direct fiscal impact. The plan will direct and prioritize department work in Lake Oswego’s Natural Areas that is already funded on an annual basis. RECOMMENDATION Staff recommends City Council approve Resolution 22-23, Natural Areas Habitat Management Plan. ATTACHMENT 1.Resolution 22-32 with Exhibit A, Lake Oswego Natural Areas Habitat Management Plan Resolution 22-32 Page 1 of 2 RESOLUTION 22-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ADOPTING THE NATURAL AREAS HABITAT MANAGEMENT PLAN. WHEREAS, the residents of the City of Lake Oswego value the natural environment and habitat; WHEREAS, the City owns and manages 460 acres of natural areas; WHEREAS, the City prioritized the management and maintenance of the City-owned natural areas in 2011; WHEREAS, City staff recognizes the need for a comprehensive Natural Area Habitat Management Plan; WHEREAS, the City developed a Natural Areas Habitat Management Plan in conjunction with public, local stakeholders, and recognized professionals; and WHEREAS, the plan provides a framework for long-term care to support the health and resiliency of our natural areas by setting management objectives and strategies, with evaluation of the Natural Areas Habitat Management Plan every six years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The Council adopts the City of Lake Oswego Natural Areas Habitat Management Plan, which is attached as Exhibit A and incorporated by reference. Section 2. Effective Date. This Resolution is effective upon adoption. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 20TH day of December, 2022. AYES: NOES: EXCUSED: ABSTAIN: ___________________________________ Joseph M. Buck, Mayor ATTEST: ___________________________________ Kari Linder, City Recorder ATTACHMENT 1 Resolution 22-32 Page 2 of 2 APPROVED AS TO FORM: ________________________________ Evan Boone, City Attorney Pro Tem Natural Areas Habitat Management Plan City of Lake Oswego December 2022 EXHIBIT A Lake Oswego Natural Areas Habitat Management Plan AECOM ii Prepared for: Lake Oswego Parks & Recreation PO Box 369 Lake Oswego, OR 97035 Prepared by: 888 SW 5th Avenue Suite 600 Portland, OR 97204 aecom.com and 2100 S River Pkwy Suite 100 Portland, OR 97201 Acknowledgements: This plan benefited from stakeholder input, including members of the City’s Parks staff, Parks, Recreation & Natural Resource Advisory Board, watershed councils, Friends groups, the Clackamas Soil and Water Conservation District, citizen volunteers, and the City’s contractors that have been actively restoring the City’s natural areas for several years. The authors wish to extend special gratitude to the staff at Mosaic Ecology and Ash Creek Forest Management, whose detailed input on park conditions and past restoration efforts has greatly benefited this plan. Lake Oswego Natural Areas Habitat Management Plan AECOM iii Lake Oswego Natural Areas Habitat Management Plan AECOM iv Executive Summary This Natural Areas Habitat Management Plan (Plan) focuses on improved ecological resiliency for 27 of the City of Lake Oswego’s (City) natural areas. It also provides a framework for the management of other natural lands in the City. This Plan seeks to achieve an overarching management goal for Lake Oswego’s natural areas: Enhance and restore Lake Oswego’s natural areas to provide safe and healthy ecosystems. For the purposes of this plan, “healthy” natural area ecosystems are defined as: Natural areas that can support a wide diversity of native plants and animals and can adapt to change to maintain functionality amidst increased recreation, encroachment by invasive species, changes to natural water flows, and threats posed by wildfire and climate change. This Plan summarizes the management of the City’s natural areas to date by Lake Oswego Parks and Recreation (LOPR), which collaborates with restoration contractors to enhance park properties. To date, LOPR has focused on the treatment and removal of ivy (Hedera helix, H. hibernica) and other prioritized invasive species, and the installation of native plants in disturbed habitat areas. This Plan also summarizes the City’s partnerships with local volunteer groups and watershed councils, which are instrumental to the continued care of the City’s natural areas. This Plan was developed by mapping and classifying seven general habitat types that are commonly observed within each of the City’s natural areas. The seven habitat types include: mixed-conifer deciduous forest, deciduous forest, Oregon white oak woodland, conifer forest, shrubland, upland grassland, and wetland. Habitats were classified based on a unique condition ranking system for purposes of managing lands based on their ecological status (degraded, moderate, or good quality). The Plan then lists eight Management Objectives to support the overarching management goal: Objective 1. Enhance Natural Area Health and Resilience by Supporting Natural Ecological Processes Objective 2. Noxious Weed Control Objective 3. Minimize Habitat Fragmentation Objective 4. Improve Climate Resilience Objective 5. Reduce Wildlife Hazards Objective 6. Enhance Hydrologic Function and Resource Protection Districts Objective 7. Selective Tree Removal to Improve Safe and Healthy Ecosystems Objective 8. Adaptively Manage Ongoing Public Engagement Opportunities that Benefit Habitat Protection and Enhancement These objectives were developed based on habitat conditions and observed factors that constrain healthy ecosystems (e.g., invasive species, dispersed, informal trails, and increased drought stress from increasing summer temperatures). Success criteria were developed for each objective to provide a means of determining whether objectives are achieved and to inform an adaptive management approach. This Plan includes management prescriptions, or strategies, that can be applied to help achieve these eight objectives. The prescriptions have been grouped into three categories: General (apply to all parks and habitat types), Habitat-specific (apply to specific habitat types across all parks based on existing condition), and Park-specific (apply to individual parks). The Plan is intended to be a living document that is periodically updated. To that end, it concludes with recommendations for adaptive management, a systematic approach for improving natural resource management based on periodic monitoring and a review of trends to inform ongoing management approaches. Data review and resulting plan updates are recommended every 6 years (every three biennial planning cycles). Lake Oswego Natural Areas Habitat Management Plan AECOM v Table of Contents Executive Summary ...................................................................................................................................... iv Acronyms and Abbreviations ....................................................................................................................... vii 1. Introduction ........................................................................................................................................ 1 2. Background ........................................................................................................................................ 1 2.1 Overview of Lake Oswego Natural Areas ................................................................................................. 2 2.2 Summary of Natural Areas Management Efforts to Date .......................................................................... 5 2.3 Related Plans ........................................................................................................................................... 5 2.4 Available Data ........................................................................................................................................... 6 3. Generalized Plant Communities in Lake Oswego Natural Areas ...................................................... 6 3.1 Plant Community Summaries ................................................................................................................... 7 3.1.1 Mixed Conifer-Deciduous Forest ................................................................................................ 7 3.1.2 Deciduous Forest ....................................................................................................................... 7 3.1.3 Oregon White Oak Woodland ..................................................................................................... 8 3.1.4 Conifer Forest ............................................................................................................................. 8 3.1.5 Shrubland ................................................................................................................................... 8 3.1.6 Upland Grassland ....................................................................................................................... 9 3.1.7 Wetland ...................................................................................................................................... 9 3.2 Limiting Factors ........................................................................................................................................ 9 3.2.1 Invasive Species ...................................................................................................................... 10 3.2.2 Off-Leash Dogs ........................................................................................................................ 10 3.2.3 Informal Trails ........................................................................................................................... 10 3.2.4 Forest Pests ............................................................................................................................. 10 3.2.5 Encroachment .......................................................................................................................... 10 3.3 Conditions Ranking ................................................................................................................................. 10 4. Management Goal, Objectives, and Prescriptions .......................................................................... 12 4.1 Management Goal and Objectives.......................................................................................................... 12 4.1.1 Objective 1. Enhance Natural Area Health and Resilience by Supporting Natural Ecological Processes ............................................................................................................................................... 12 4.1.2 Objective 2 Noxious Weed Control ........................................................................................... 12 4.1.3 Objective 3. Minimize Habitat Fragmentation and Protect Sensitive Areas .............................. 13 4.1.4 Objective 4. Improve Climate Resilience .................................................................................. 14 4.1.5 Objective 5. Reduce Wildfire Hazards ...................................................................................... 14 4.1.6 Objective 6. Enhance Hydrologic Function and RP Districts .................................................... 15 4.1.7 Objective 7. Selective Tree Removal to Improve Safe and Healthy Ecosystems ..................... 15 4.1.8 Objective 8. Adaptively Manage Ongoing Public Engagement Opportunities that Benefit Habitat Protection and Enhancement ..................................................................................................... 16 4.2 Management Prescriptions ..................................................................................................................... 16 4.2.1 General Prescriptions ............................................................................................................... 17 4.2.2 Habitat-Specific Prescriptions ................................................................................................... 19 4.2.3 Natural Area-Specific Prescriptions .......................................................................................... 21 5. Coordination with Urban Forestry Planning Policies ....................................................................... 23 6. Monitoring and Adaptive Management ............................................................................................ 24 7. References ...................................................................................................................................... 25 Lake Oswego Natural Areas Habitat Management Plan AECOM vi Tables Table 1. Lake Oswego Natural Areas Assessed by this Plan ....................................................................... 3 Table 2. Data Sources Used to Help Identify Plant Community Boundaries ................................................ 6 Table 3. Summary of General Management Strategies by Objectives ....................................................... 17 Table 4. Summary of Management Strategies by Habitat Type .................................................................. 19 Table 5. Summary of Priority Management Strategies by Natural Area ..................................................... 21 Figures Figure 1. Lake Oswego Natural Area Study Sites Considered in this Plan .................................................. 4 Appendices Appendix A - Park Summary Appendix B - Habitat Inventory and Classification Map Set Appendix C - Target Native Plants by Habitat Type Lake Oswego Natural Areas Habitat Management Plan AECOM vii Acronyms and Abbreviations City City of Lake Oswego CSRT Climate Smart Restoration Tool dbh diameter at breast height HEP Habitat Enhancement Program LDC Lake Oswego Community Development Code LO Lake Oswego LOC Lake Oswego Code LOPR Lake Oswego Parks and Recreation ODA Oregon Department of Agriculture ODFW Oregon Department of Fish and Wildlife OPWG Oak Prairie Work Group Plan Natural Areas Habitat Management Plan RC Resource Conservation (District) RP Resource Protection (District) RLIS Regional Land Information System SWCD Soil and Water Conservation District USDA US Department of Agriculture USFWS US Fish and Wildlife Service Natural Areas Habitat Management Plan AECOM 1 1. Introduction The purpose of this Natural Areas Habitat Management Plan (Plan) is to provide a framework for consistent management of natural areas parklands by the City of Lake Oswego (City). This Plan is focused on developing habitat- and area-specific natural area management objectives and strategies tailored to the existing habitat conditions observed within the City’s various natural areas. The City’s Parks and Recreation Department (Lake Oswego Parks and Recreation [LOPR]) manages over 460 acres of land to maintain and enhance the natural character and beauty of Lake Oswego. As stated in its mission, LOPR provides excellence in building community, enriching lives, and caring for our urban and natural environment. Protecting and conserving natural area parks is an important aspect of this mission due to their role in providing important habitat for plants and animals, watershed and stormwater management, and spaces for the community to connect with nature. While restoration practices are meant to return urban parks to their natural state, ongoing maintenance is acknowledged and expected in all of these habitats. This Plan was developed with an overarching management goal for Lake Oswego’s natural areas: Enhance and restore Lake Oswego’s natural areas to provide safe and healthy ecosystems. For the purposes of this plan, “healthy” natural area ecosystems are defined as: Natural areas that can support a wide diversity of native plants and animals and can adapt to change to maintain functionality amidst increased recreation, encroachment by invasive species, changes to natural water flows, and threats posed by wildfire and climate change This Plan focuses on ecological restoration, enhancement, and improved ecological resiliency for 27 of the City’s natural areas and sets the framework for other natural lands in the City. Improved ecological resiliency can be achieved via a suite of actions aimed at improving climate resiliency, supporting native vegetation (generally), supporting Oregon Conservation Strategy species and habitats, improving native species diversity, and reducing fire hazard. This Plan was developed by identifying and mapping habitat types within each of the City’s natural areas, ranking the condition of habitats within each natural area, creating management objectives based on habitat conditions, addressing specific threats (e.g., invasive species, climate change), and recommending management actions accordingly. The Plan is adaptable and will be updated every 6 years, as necessary, based on monitoring data and recommendations for adaptive management. Anticipated benefits of the Plan include:  Developing healthy ecosystems;  Providing the City with a framework for planning and prioritizing restoration activities ;  Providing a framework that can be applied to other smaller or future natural area sites ;  Ensuring transparency in how natural areas are managed;  Providing background information to help support land use approvals for necessary enhancement activities, particularly for natural resources identified by the City’s Sensitive Lands Map; and  Streamlining project development for habitat enhancement grant applications. 2. Background The City encompasses 11.2 square miles in Clackamas (primarily) and Multnomah Counties and is located about 8 miles south of the City of Portland. Current management of the City’s natural areas is conducted by LOPR, which performs tasks such as noxious weed removal, native plant establishment, trash removal, and maintenance of physical structures (i.e., fences, signs, restrooms, trails, picnic Natural Areas Habitat Management Plan AECOM 2 facilities, and interpretive features). Responsibilities of LOPR natural areas staff include natural areas management and maintenance, oversight of enhancement and restoration efforts, and management of contractors hired to conduct ecological enhancement activities. Staff also manage trail maintenance, outreach and education with the public, and coordination with volunteers. LOPR works in coordination with the Planning, Fire, and Engineering Departments on specific aspects of this restoration work as well. The City partners with local volunteer groups for maintenance of natural areas:  Friends of Hallinan Heights Woods, Friends of Iron Mountain Park, Friends of Lily Bay Natural Area, Friends of Luscher Farms, Friends of the Walugas, Friends of Southwood Park, Friends of Springbrook Park, Friends of Woodmont  Parks, Recreation and Natural Resource Advisory Board, as well as the Natural Areas Work Group (a sub-committee)  Clackamas Soil & Water Conservation District  Backyard Habitat Certification Program (Portland Audubon and Columbia Land Trust)  SOLVE and many other local service groups  Oswego Lake Watershed Council, Tualatin River Watershed Council, Tryon Creek Watershed Council (non-city land) The recommendations of this Plan are consistent with the City Charter (Chapter X. Section 43. Limitations of Development) which states that “the City of Lake Oswego shall be allowed to maintain (or allow any person to maintain) a Native Preserve for the purposes of ecological restoration that provides a safe and healthy natural area that is accessible for public enjoyment, provides a healthy habitat for wildlife, eliminates invasive species, restores native species, and mitigates fire hazards.” 2.1 Overview of Lake Oswego Natural Areas Lake Oswego’s natural areas are located within Oregon’s “Interior (Willamette) Valley” vegetation zone, described as a mosaic of oak woodlands, coniferous forests, grasslands, shrub communities, and riparian forests, which are enclosed by the Cascade Range to the east and the Coastal Ranges to the west (Franklin and Dyrness 1988). The locations of natural area parks range from hill tops (such as Cook’s Butte) to low-lying shoreline areas along Oswego Lake or the Tualatin River (Lily Bay and River Run, respectively). Most of the natural area lands are forested or in the process of becoming forested; very few areas remain in a maintained grassland state (e.g., Stevens Meadows). General habitat types observed within the natural areas are consistent throughout the City, with characteristics generally associated with elevation, topography, and water presence. Natural areas on slopes tend to consist of primarily conifer or mixed conifer and deciduous forest. Natural areas along streams or rivers contain deciduous, riparian forest habitat. Natural areas located on low-gradient (relatively flat) terraces generally contain deciduous upland or wetland habitats. Further detail is provided in Appendix A. Table 1 lists the 27 Lake Oswego natural areas evaluated for this Plan and Figure 1 provides their locations within the City. Natural Areas Habitat Management Plan AECOM 3 Table 1. Lake Oswego Natural Areas Assessed by this Plan Name Size (acres) Bryant Woods Park 19.7 Canal Acres 27.3 Cooks Butte City Park 43 Cornell Natural Area 3.2 East Waluga Park* 17.7 Freepons Park* 5.9 George Rogers Park* 26 Glenmorrie Park* 2.3 Glenmorrie Greenway 3.9 Hallinan Woods 5.7 Iron Mountain* 51 Kelly Creek 3.7 Lamont Springs Natural Area 0.5 Lily Bay 1.8 Luscher Farm Natural Areas 19 Pennington 2.4 Rassekh** 2.1 River Run 10.8 Roehr Natural Area* 7.9 Sierra Vista 1.3 South Shore Natural Area 9.2 Southwood Park 2.5 Springbrook Park 52 Stevens Meadows 27.8 Sunny Slope 12 West Waluga Park* 22.8 Woodmont Natural Park 6.8 TOTAL 388.3*** Notes: *Hybrid park **Hybrid park In planning stage (only stream corridor is managed as a natural area) ***These are the acres assessed by this plan; not the total acres of areas managed by the City as Natural Areas Parks (approximately 460 acres). Natural Areas Habitat Management Plan AECOM 4 Figure 1. Lake Oswego Natural Area Study Sites Considered in this Plan Natural Areas Habitat Management Plan AECOM 5 2.2 Summary of Natural Areas Management Efforts to Date Healthy ecosystems support the health, wellness, and safety of Lake Oswego residents. The City has recognized this and has a long history of protecting and planning for projects that enhance parks and natural areas. In 2011, the City Council directed LOPR to prioritize ivy (Hedera helix, H. hibernica) removal from natural area parks. LOPR was asked to redirect $70,000 of general funding to support ivy removal annually, which became the Invasive Removal Program. This funding was used to hire restoration contractors to treat and remove ivy and other prioritized invasive species. While developing the LOPR 2025 Master Plan, the City’s natural areas were evaluated and ranked on the basis of condition and resource values. The Master Plan established the initial framework to guide City staff, contractors, and volunteer restoration priorities. In 2014 the City developed an updated Sensitive Lands Ordinance in coordination with Metro. Sensitive Lands regulated by the City include wetlands, streams, riparian areas, and upland forest stands. Updates to the Sensitive Lands Ordinance reduced regulations on private landowners with the promise that the City would increase restoration efforts and protections on City-owned land. The City Council directed $250,000 in annual funding to support and expand ongoing restoration efforts. This funding created the Habitat Enhancement Program (HEP). The HEP continued invasive removal efforts, added native species planting projects, and provided for ongoing maintenance. Currently, HEP funds are used in the following ways:  City restoration  Grant funding for local watershed councils to support restoration work on private land  Use as matching funds for restoration grant applications (leveraged to gain grant funding)  Purchase of plants for volunteer work parties. To date, Invasive Removal Program and HEP funds have been used to enhance 31 public natural areas, including more than 370 of the 460 acres of natural area parks managed by the City. Funding has also supported all three local watershed councils with annual support for various watershed restoration projects on private lands. It should be noted that natural areas management efforts are iterative and often require multiple site visits over several years to control noxious weeds and establish native plant communities. LOPR has also been instrumental in developing master plans and restoration/maintenance plans for several of the natural area park properties (e.g., Iron Mountain Park Master Plan [2017]; George Rogers Park Master Plan [2002]; Cooks Butte Park Management Plan [2008]; and Woodmont Natural Park Master Plan [2017]). In 2021, Lake Oswego voters passed Citizen’s Initiative 3-568 to amend the City Charter to include additional protections of natural areas within the City. This initiative was a grassroots effort to protect natural areas. 2.3 Related Plans Some of the related plans that have been reviewed are listed below. Applicable elements of these plans have been incorporated into this Plan.  Lake Oswego Sensitive Lands regulations  Lake Oswego Open Space Plan (City of Lake Oswego 2001)  Lake Oswego Urban & Community Forestry Plan (City of Lake Oswego 2007)  Lake Oswego’s State of the Urban Forest Report (City of Lake Oswego 2009)  City of Lake Oswego Comprehensive Plan 2013, Healthy Ecosystems Chapter (2015) (Ordinance 2687)  City of Lake Oswego Parks Plan 2025 (City of Lake Oswego 2012a)  Mountain Park Homeowners Association Natural Areas Assessment (Pacific Habitat Services 2012) Natural Areas Habitat Management Plan AECOM 6  City of Lake Oswego Addendum to the Clackamas County Multi-Jurisdictional Hazard Mitigation Plan (University of Oregon 2019)  Sustainability and Climate Action Plan for Lake Oswego (City of Lake Oswego 2020a)  City of Lake Oswego Stormwater Management Manual (City of Lake Oswego 2020b)  Integrated Pest Management Practices (City of Lake Oswego 2022) 2.4 Available Data Plant communities were classified and their boundaries were delineated using a combination of brief field visits, input from the City’s restoration contractors, input from City staff, high-resolution aerial imagery, high-resolution topographic imagery, and a variety of spatial data (mapping data that can be visualized and queried). Available spatial data that was particularly helpful in the remote delineation of plant communities is summarized in Table 2. Table 2. Data Sources Used to Help Identify Plant Community Boundaries Plant Community Layer (Source) Oregon White Oak Woodland OakPoints (OPWG) Upland Conifer Forest Deciduous Forest Mixed Conifer-Deciduous Forest condec (Conifer-Deciduous; RLIS), aerial imagery (Google Earth, ArcGIS Online) LO_RP_3_2019 (City of LO, Resource Protection [RP] Districts) Upland Grassland Shrubland condec (gaps in this layer do not have a forest canopy; RLIS) Land_Cover (Regional Conservation Strategy, RCS) aerial imagery (Google Earth, ArcGIS Online) Wetland LO_RP_3_2019 (City of LOLO) Land_Cover (RCS) Hydric Soils (USDA/RLIS) stream_route (RLIS) National Wetland Inventory (USFWS) Draft