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Agenda Packet - 2018-07-17 AGENDA rrk� LAKE OSWEGO REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING 0 July 17, 2018 3:00 p.m. °REG° Council Chambers, City Hall Contact: Anne-Marie Simpson, City Recorder Email: asimpson@lakeoswego.city Phone: 503-534-4225 The meeting location is accessible to persons with disabilities. To request accommodations, please contact the City Manager's Office at 503-635-0215 48 hours before the meeting. Electronic presentations must be delivered to the City Recorder 24 hours prior to the meeting. 1. CALL TO ORDER, LORA 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. BOARD BUSINESS 4.1 City Hall Concept Approval and Architectural and Engineering Services Agreement 5. ADJOURNMENT, LORA 6. CALL TO ORDER, CITY COUNCIL 7. CITIZEN COMMENT (15 minutes) The purpose of citizen comment is to allow citizens to present information or raise an issue regarding items not on the agenda or regarding agenda items that do not include a public hearing. A time limit of three minutes per individual shall apply. 7.1 Prior Citizen Comment Follow-Up 8. STUDY SESSIONS 8.1 Annexation Policy 8.2 Economical Housing Incentives 9. 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. 503.635.0215 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 ♦ The City Council makes one motion covering all items included in the consent agenda. Motion: Move to adopt the consent agenda. 9.1 Resolution 18-32, A Resolution of the City Council of the City of Lake Oswego Approving a Collective Bargaining Agreement Between the Lake Oswego Municipal Employees Association (LOMEA), Local 1546 of AFSCME Council 75 AFL-CIO and the City of Lake Oswego Motion: Move to adopt Resolution 18-32. 9.2 2018-2021 Pavement Management Program —2018 Pavement Projects—Work Order 267 Motion: Move to award a construction contract to Knife River Corporation Northwest for the 2018 Pavement Projects— Work Order 267 in the amount of $2,792,970.05. 9.3 Resolutions 18-35 and 18-36, Approving Voters' Pamphlet Explanatory Statements for the Charter Amendments Referred to the November 6, 2018 General Election Ballot Motion: Move to adopt Resolutions 18-35 and 18-36 10. ITEMS REMOVED FROM THE CONSENT AGENDA 11. COUNCIL BUSINESS 11.1 Neighborhood Enhancement Program Grant Awards Motion: Move to approve the 2018-2019 Neighborhood Enhancement Program (NEP) grants as recommended by the Grant Review Committee 11.2 Stevens Meadow Property Purchase Motion: Move to authorize the City Manager to sign a Purchase and Sale Agreement to acquire five acres of parkland directly south of Stevens Meadow 12. INFORMATION FROM COUNCIL 13. REPORTS OF OFFICERS 14. ADJOURNMENT, CITY COUNCIL 503.635-0215 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeoswego.city 4.1 o �'p`P4*•4REDEVELOPMENT AGENCY REPORT o ` °RE o\•4 TO: Kent Studebaker, Board Chair Members of the Board FROM: Jordan Wheeler, Deputy City Manager SUBJECT: CITY HALL CONCEPT APPROVAL AND A/E SERVICES DATE: July 6, 2018 MEETING DATE: July 17, 2018 ACTION Approve the city hall concept and direct the project team to move into the schematic design phase. Authorize the Executive Director to execute a revised agreement with Mackenzie for architectural and engineering services for the new City Hall. BACKGROUND On June 12, a majority of the LORA Board voted to move forward with the design and construction of a new city hall on the site adjacent to the existing building (Option A East). The Board also expressed the preference to demolish the existing city hall building and replace it with parking that would be integrated into the design of the new building. The goal would be to include some improvements such as plazas and landscaping that would make the corner of 4th and A Avenue more attractive than a surface parking lot. This concept accomplishes the Board's goals to construct a new secure, adequately sized, and seismically sound facility for the police and 911 services and address the much documented issues with city hall. The project team has prepared a revised concept, site plan, and cost estimates for the new city hall option that includes the surface parking and plaza for the Board's approval. DISCUSSION New City Hall (Phase 1) The concept for the new city hall is mostly unchanged from the version described at the Board's June 12 meeting. The building would be three stories above one level of secured parking for 503.675.3984 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 2 police vehicles. The first floor will house the police department and would be underground at the A Avenue elevation but at grade with an entrance at the south elevation. Access to the police parking garage will be from 3rd street. The details of the program and the floor plan continue to be developed and refined but in general, the layout is being informed and guided by the work that was done with the civic center basis of design. The public reception and lobby areas would be featured prominently along the west edge of the building which will complement an exterior plaza and promenade in front of the building. The city hall services and offices will be situated above the police department on the top two floors. The 2nd floor will be at the grade of A Avenue and the new surface parking lot and that level will feature the most customer service oriented departments (planning & building, engineering, utility billing, citizen information). The retail spaces (currently roughly shown at a combined 2,850 square feet) will be along A Avenue. The 3rd floor will house the combined council chambers/municipal court/emergency operations room, conveniently accessible conference rooms, and the offices for administrative services. At this time, preliminary work on the programming and exploratory floor layouts indicate that we should be able to meet most of the existing needs for the city departments and services. Compared to the previous iteration of Option A East, the building size has been slightly reduced by 2,400 square feet to help reduce costs in order to include the customer parking and plaza phase. The total building size is estimated to be 54,300 square feet with an additional 18,100 square feet underground parking. City Hall Demolition and Fill-In Parking and Plazas (Phase 2) The project team explored options for demolishing the existing city hall and replacing it with parking in a manner that would be fitting for downtown. The option that emerged as the most cost effective and attractive for the design of the new building is to remove all of the structure of city hall, fill in the hole, and build a customer parking lot that is at the same grade as the main entrance to the new building. From an urban design standpoint, a surface parking lot on a prime location in our downtown is not ideal. However, as the draft site plan and concept perspectives show (attachments 1 and 2), the parking can integrate well into the city hall design and be an asset for the project with the addition of some plaza areas and attractive landscaping. It would provide convenient access for customers and visitors to city hall and the arts council and Booktique spaces, maintain drop off and loading options, and the fill can be engineered so that in the future a building could replace the parking lot. The grade of the parking lot will also sit a few feet below the grade of the intersection of 4th and A Avenue which will also help camouflage the parking. 503.675.3984 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 3 The site plan (attachment 1) shows how the upper area would be at the same grade as a prominent entrance into the main level of city hall and include stairs and terraces down to a lower plaza and entrance to the police entrance. The surface lot would add about 40 spaces on the upper level and another 11 potential spaces on the lower level. The existing lower surface lot would remain unchanged (71 existing spaces) for a total of 122 spaces on the west side of the property. With the underground parking for police, the total spaces for the new city hall, not including street parking, would be about 146. Amended Contract for Architectural and Engineering Services With the approval of the concept, staff is requesting your authorization to amend and restate the contracts with Mackenzie for architectural and engineering services for a new city hall for a total amount of$2,563,321 (the fees are included as attachment 5). Right now, due to the evolving nature of the project, Mackenzie has two outstanding contracts with LORA; one for design services for a new Police facility and city hall rehabilitation, and one for design services for a new city hall/civic center. The new contract will amend and restate the contracts into one contract for design services for City Hall. Including the planning and design work done to-date, the design fees for the new contract are about 11% of construction costs for the project. In total, the negotiated design fees will be about $500,000 less than what was authorized for the civic center and police contracts. Mackenzie's scope includes architecture (including landscape and interiors), engineering, as well as managing sub consultants for mechanical, electrical, and plumbing systems, acoustics, arborist, and geotechnical services. They will also be providing services for tenant improvements for the Arts Council and Booktique spaces. Schedule and Next Steps With the Board's approval, the next steps will be to begin schematic design and developing a conceptual design, receive input on the design at a community meeting, and return to the Board in the fall for review and approval of the schematic design. The Board will have the opportunity to review and provide input on the design and floor plan before an application is submitted for development review. The team is working on massing and design concepts that carry forward the input received on the police and civic center outreach, incorporate elements of the Lake Oswego downtown style, recognize fiscal prudence, and speak to the civic purpose of the building—especially the public areas along the main frontages. Besides cost, other influencing factors that are being taken into account with the massing and design is the need to have space on the roof for solar panels and the emergency communications tower. 503.675.3984 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 4 FISCAL IMPACT The total budget for the project is $40 million. The demolition, surface parking and frontage improvements, and plazas phase will add about $2.17 million to the construction cost. The team was able to reduce the building by 2,400 square feet to bring the total estimated construction cost of the new building to $29,800,000. Project-related "soft" costs, including design and a 10% project contingency, are estimated to add another$9.5 million. If we account for a 10% (or$3.8 million) project contingency in the budget at this phase of the project, the total estimated costs for both phases would be $41.5 million. Our recommendation is that we continue into schematic design and recognize that at this point, we would plan to reserve and use contingency to complete the second construction phase of the project if further savings are not found as the design progresses and cost estimates are refined. With the CM/GC, we will continue to update the cost estimates as the design advances and we will keep the Board informed on those cost estimates and the use or potential use of contingency. We will explore all other options to keep the project at $40 million and not use or allocate contingency until absolutely necessary. At this point, we want to keep the Board informed on the costs, risks, and options moving forward. While the cost estimates include escalation and estimating contingencies, the heated construction market conditions in the Portland area and the imposed steel tariffs are factors that we need to continue to watch. It is a major reason why we want to preserve a large contingency for the project at this stage. RECOMMENDATION Approve the city hall concept and direct the project team to move into the schematic design phase. Authorize the Executive Director to execute a revised agreement with Mackenzie for architectural and engineering services for the new City Hall. ATTACHMENTS 1. City Hall Site Plan 2. City Hall Concept Perspectives 3. Draft General Floor Layout 4. Project Schedule 5. Mackenzie contract fees 503.675.3984 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Attachment 1 OPTION A - CITY HALL (POLICE + CITY HALL) A AVENUE wmuminew _F I I -;_,....--2.---;-:::-r { y 1 F H w W W I II I— I— NEW CITY HALL (1) CO INFILL PARKING --• • 0 I t cO ill , a r.....,f L. ::,,: .k: r J, ..:- I ",,. . 1 -•- 1 4. ..-,;d } EXISTING, NO WORK NO WORK -€1) SITE PLAN N.T.S. 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City of Lake Oswego Lake Oswego City Hall M July 10 2018 2160290.00 • OPTION A - CITY HALL (POLICE + CITY HALL) A AVENUE '� L ❑ u 0 0 '4 SECURE , ELEVATOR 1 1 7 0 0 0 0 0 I- LU POLICE DEPARTMENT w I 1- 0 M 7 ❑ 0 ❑ 0 0 - -`y RECORDS -; 0 ❑ ❑ 0 0 ELEVATOR A -(!)1- POLICE FLOOR PLAN - FIRST FLOOR N.T.S. City of Lake Oswego Lake Oswego City Hall M July 10 2018 2160290.00 • OPTION A - CITY HALL (POLICE + CITY HALL) A AVENUE 0 RETAIL _ SECURE l ELEVATOR J W a $ $ R- RESTROOMS PLANNING, BUILDING, _ ENGINEERING ® ® � ., PRIVATE OFFICE+ SUPPORT SPACE RESTROOMS ® ❑ ❑ ❑ ❑ I- UJ 0 Ct M 000 ❑ 0°0 m ❑ ❑ ❑ OPEN OFFICE: PLANNING, BUILDING DEPARTMENT, ENGINEERING ELEVATOR � t 0 0 n_ n -€1,4 CITY HALL FLOOR PLAN - SECOND FLOOR N.T.S. City of Lake Oswego Lake Oswego City Hall M July 10 2018 2160290.00 • OPTION A - CITY HALL (POLICE + CITY HALL) A AVENUE •BREAK OUT SPACE SECURE SECURE VESTIBULE ELEVATOR COUNCIL CHAMBERS, Vig= I7.--«- �.�� ❑ MUNICIPAL COURT, 0 0 COMMUNITY ROOM+ RESTROOMS SUPPORT oln • 0 ® ® iii [ RESTROOMS CONFERENCE b , 1 ❑ 0 LLJH LL H CONFERENCE (n 0N LL pM 1.110) 0 0 0 0 0 LOBBY OPEN OFFICE: HR, CITY MANAGER, CITY ATTORNEY, .- FINANCE, 1 FACILITIES ❑ t)n r0 ❑ ❑ ❑ ELEVATOR CONFERENCE mom..- ❑ D EL ❑ -€131- CITY HALL FLOOR PLAN - THIRD FLOOR N.T.S. City of Lake Oswego Lake Oswego City Hall M July 10 2018 2160290.00 OPTION A - CITY HALL (POLICE + CITY HALL) A AVENUE W SLOPE SLOPE a 3:12 3:12 OJ a a/jOa SOLAR PANELS f' // LOW SLOPE ROOF,SLOPED TO DRAIN @ MIN.1/4":1'-0" I- w IJJ SLOPE H 3.12 MECH UNITS LL M C.MMUNICATIO TOWER SOLAR PANELS i SLOPE SLOPE o 3:12 3:12 ROOF PLAN N.T.S. City of Lake Oswego Lake Oswego City Hall M • July 10 2018 2160290.00 OPTION A - LAKE OSWEGO CIVIC CENTER (NEW POLICE + NEW CITY HALL) Attachment 4 PRE-DESIGN , DESIGN & CONSTRUCTION SCHEDULE (MAY 24, 2018, REVISED JULY 10, 2018) ID Task Name Duration Start Finish 2019 2020 2021 J Q2 Q3 1 Q4 Q1 Q2 I Q3 I Q4 Q1 I Q2 I Q3 I Q4 Q1 Q2 I Q3 1 Option A - New Civic Center (Police + City Hall) 756 days Tue 7/17/18 Tue 6/8/21 4 2 CIVIC CENTER 756 days Tue 7/17/18 Tue 6/8/21 W 1 3 Design and Construction 756 days Tue 7/17/18 Tue 6/8/21 W 4 4 City Council Meeting: Authorization to Proceed (3rd Tues.) 0 days Tue 7/17/18 Tue 7/17/18 7/17 5 Schematic Design (10 wks production) + Pricing (5 wks) 15 wks Tue 7/17/18 Mon 10/29/18 7/17 ••••• `` 10/29 6 City Hall / Police Combined Stakeholder Meeting #1 0 days Mon 7/30/18 Mon 7/30/18 7/30 7 City Hall / Police Combined Stakeholder Meeting #2 0 days Mon 8/13/18 Mon 8/13/18 8/13 8 City Hall / Police Combined Stakeholder Meeting #3 0 days Mon 8/27/18 Mon 8/27/18 8/2 9 Public Meeting #1 (with Neighbors, Committees and Stakeholders) 0 days Mon 10/22/18 Mon 10/22/18 10/ 2 10 City Council Meeting: Schematic Design + Pricing Approval (1st Tues.) 0 days Tue 11/6/18 Tue 11/6/18 le 11/6 11 Development Review 169 days Wed 11/7/18 Mon 7/1/19 12 Document Development 6 wks Wed 11/7/18 Tue 12/18/18 11/Y 12/18 13 Pre-Application Meeting 0 days Tue 11/13/18 Tue 11/13/18 I 11/13 14 Neighborhood Meeting 0 days Tue 11/27/18 Tue 11/27/18 'i1/27 15 Neighborhood Meeting (Tentative) 0 days Tue 12/11/18 Tue 12/11/18 12/11 16 Submit Application 0 days Tue 1/1/19 Tue 1/1/19 1/1 17 30 Day Completeness 4 wks Wed 1/2/19 Tue 1/29/19 1/2 1/29 18 Submit Revisions 2 wks Wed 1/30/19 Tue 2/12/19 1/30 2/12 19 2nd Round 30 Day Completeness 4 wks Wed 2/13/19 Tue 3/12/19 2/13 /12 20 20 Day Public Notice (Posted by City Planning) 3 wks Wed 2/20/19 Tue 3/12/19 220 412 21 Development Review Commission Hearing (3rd Mon.) 0 days Mon 3/18/19 Mon 3/18/19 1 3/18 22 Development Review Commission Hearing (1st Mon.) 0 days Mon 4/1/19 Mon 4/1/19 ` 4/1 23 Development Review Commission Adoption (3rd Mon.) 0 days Mon 4/15/19 Mon 4/15/19 4/15 24 Appeal Period 3 wks Tue 4/16/19 Mon 5/6/19 l 25 Resolution of Appeal (if required) 5 wks Tue 5/7/19 Mon 6/10/19 26 LUBA Appeal Period 3 wks Tue 6/11/19 Mon 7/1/19 Lai- 27 Submit Frontage Permit/ Frontage Permit Process (6-9 months) 8 mons Wed 3/13/19 Wed 11/13/19 3/13 11/13 28 Design Development(12 wks production) + Pricing (4 wks) 16 wks Wed 11/7/18 Tue 2/26/19 11/' ;;::; 2/26 29 City Council Meeting: Design Development + Pricing Approval (1st Tues.) 0 days Tue 3/5/19 Tue 3/5/19 ' 3/5 30 Construction Documents (12 wks production) + Pricing (4 wks) 16 wks Wed 3/6/19 Tue 6/25/19 3/6 <:;. 25 31 City Council Meeting: Const. Documents + Pricing Approval (1st Tues.) 0 days Tue 7/2/19 Tue 7/2/19 /2 32 Permitting 12 wks Wed 7/3/19 Tue 9/24/19 7/3 9/24 33 Bidding 8 wks Wed 7/31/19 Tue 9/24/197/31 „....:. 9/24 34 City Council Meeting: Bid / Notice to Proceed Approval (1st Tues.) 0 days Tue 10/1/19 Tue 10/1/19 i 10/1 35 Construction Contract Administration 20 mons Wed 10/2/19 Tue 6/8/21 10/2 :imi*::::::i :: : : ::::: :: :::: r: a 6/8 MACKENZIE . Project # 2170184.00 a£SIGH tRIYEH I Cutter r FOCUSEti Attachment 5 ATTACHMENT Q - FEES, ASSUMPTIONS, AND EXCLUSIONS May 24, 2018 (Revised June 13, 2018) (Revised July 11,2018) City of Lake Oswego Lake Oswego Civic Center-Option A Project Number 2170184.00 FEE SUMMARY Our lump sum fixed fees for the disciplines and related design services described above including our consultants are as follows: masic Services Fee Summary Bid cipline/Phase: SD: CDs: Permitting: CCA: TOTAL: Assistance: Architecture $213,200 $8,500 $182,800 $174,600 $10,600 $30,800 $443,500 $1,064,000 Interiors $42,800 $0 $45,100 $63,600 $3,600 $13,200 $21,600 $189,900 Structural $51,900 $0 $79,500 $90,600 $5,300 $5,300 $96,900 $329,500 Engineering Landscape $21,500 $12,400 $22,500 $23,800 $5,200 $3,100 $10,100 $98,600 Architecture Civil Engineering $27,100 $4,200 $15,600 $32,900 $5,300 $2,100 $11,000 $98,200 Land Use Planning $9,400 $29,900 $3,000 $3,100 $5,100 $0 $0 $50,500 Traffic Engineering $15,500 $7,200 $0 $0 $0 $0 $0 $22,700 Mackenzie $381,400 $62,200 $348,500 $388,600 $35,100 $54,500 $583,100 $1,853,400 Subtotals Mech/Elec/Plumbing $50,900 $0 $71,400 $130,400 $0 $3,700 $88,100 $344,500 Engineering' Envelope Consultant $1,090 $0 $3,470 $2,550 $0 $1,850 $59,140 $68,100 Acoustical $3,000 $0 $5,500 $6,000 $2,000 $0 $3,500 $20,000 Consultant Arborist $1,650 $0 $1,100 $550 $275 $0 $1,925 $5,500 Geotechnical $2,000 $0 $1,500 $1,500 $0 $0 $02 $5,000 Services Surveyor $2,800 $0 $0 $0 $0 $0 $0 $2,800 10%Consultant $6,144 $0 $8,297 $14,100 $228 $555 $15,267 $44,591 Mark-up Total Basic Services $448,984 $62,200 $439,767 $543,700 $37,603 $60,605 $751,032 $2,343,891 1This includes full Mechanical,Electrical and Plumbing design as indicated in Attachment H. Design/Build Mechanical,Electrical and Plumbing may be used in lieu of full Mechanical, Electrical and Plumbing design as indicated in Attachment J. Also,reference Optional Services Fee Summary. 2 Geotechnical Construction Administration to be contracted by the Owner,based on final design and construction schedule. H:\Projects\217018400\6_Final\Attachment Q-REV2-Fees Assumptions and Exclusions-180524.docx Attachment Q-Fees,Assumptions, and Exclusions City of Lake Oswego Lake Oswego Civic Center-Option A Project Number 2170184.00 May 24, 2018 (Revised June 13, 2018) (Revised July 11, 2018) Page 2 Expanded Services Fee Summary Bid Task: SD: : Permittin • CCA: TOTAL: istance: Arts/Booktique T.I. $12,300 $0 $16,200 $19,800 $0 $0 $7,400 $55,700 Alley Vacation $2,900 $4,500 $680 $0 $0 $0 $0 $8,080 Radon Mitigation $0 $0 $2,700 $2,900 $0 $0 $2,100 $7,700 Building $11,100 $0 $15,100 $10,600 $0 $0 $9,400 $46,200 Technologies Exterior Lighting $0 $0 $4,400 $0 $0 $0 $0 $4,400 I Calculations Existing City Hall Site $30,740 $5,700 $20,785 $23,065 $3,420 $3,420 $10,220 $97,350 Redevelopment Total Expanded $57,040 $10,200 $59,865 $56,365 $3,420 $3,420 $29,120 $219,430 Services Grand Total Basic $506,024 $72,400 $499,632 $600,065 $41,023 $64,025 $780,152 $2,563,321 and Expanded Services Optional Services Fee Summary(M/E/P Design/Assist for Design/Build) DD: s: Permitting: Bid OTAL: Mech/Elec/Plumbing $51,000 $0 $104,400 $1,500 $0 $3,200 $66,900 $227,000 Engineering' 10%Consultant $5,100 $0 $10,440 $150 $0 $320 $6,690 $22,700 Mark-up Total Optional $56,100 $0 $114,840 $1,650 $0 $3,520 $73,590 $249,700 Services 'This includes design/build Mechanical, Electrical and Plumbing design as indicated in Attachment J. Full Mechanical, Electrical and Plumbing design may be used in lieu of design/build Mechanical, Electrical and Plumbing design as indicated in Attachment H. Also, reference Basic Services Fee Summary. Grand Total Basic $506,134 $72,400 $535,932 $458,275 $41,023 $63,475 $756,832 $2,434,070 and Expanded Services w/Optional Services H:\Projects\217018400\6_Final\Attachment Q-REV2-Fees Assumptions and Exclusions-180524.docx Attachment Q—Fees,Assumptions, and Exclusions City of Lake Oswego Lake Oswego Civic Center—Option A Project Number 2170184.00 May 24, 2018 (Revised June 13, 2018) (Revised July 11, 2018) Page 3 Reimbursable expenses (printing, copying deliveries, mileage, etc.) are not included in the fee outlined above. Reimbursable expenses will be invoiced at 1.1 times cost, are estimated to be $30,000, and will not be exceeded without the Client's approval. See standard Reimbursable Charges schedule (attached). In addition to the base services outlined above,the following additional services can be provided: ■ Design meetings for the purpose of engaging additional community input can be held at City Hall for between $2,500 and $4,500, per meeting, depending on content and participation from the Mackenzie design team. ■ Concept sketches and renderings for between $3,000 and $4,000, per concept, depending on level of development and refinement of rendering. Lighting design services can be provided as follows: ■ Interior lighting calculations can be provided for$1,000 per room. ■ Lighting mock-up and sample presentations can be provided for$2,000. ASSUMPTIONS In addition to the scope of work outlined above,we have assumed the following: ■ Owner will provide current electronic files of land survey (ALTA/Boundary/Topographic) including legal description, geotechnical report, environmental report, any other reports and/or surveys that are available, and other studies and/or reports as may be necessary for completion of the project. Owner's or Client's geotechnical engineer shall provide paving recommendations and related paving specifications. ■ The project will be designed to follow the City's High Performance Building Policy. It is understood that this requires achieving LEED v4 Gold certification, or greater rating system. Receiving formal certification is not required, however, a LEED checklist will be created to demonstrate compliance with LEED guidelines. ■ Owner will approve the documents at the conclusion of each phase prior to proceeding with the next phase. Redesign efforts after prior Client/Owner approvals, including but not limited to Owner-driven design modifications,value engineering, cost reduction alternatives to the approved design, or other such changes, will be provided as an additional service,with scope, schedule, and fees to be evaluated on a case-by-case basis. ■ Owner is responsible for all fees paid to public bodies having jurisdiction over the project. ■ Owner's CM/GC will provide fire suppression/fire alarm systems on a design-build basis.The Owner's CM/GC and design-build trades will provide timely information and coordination with Mackenzie and our consultants as needed to maintain the project schedule and development of the design. We have included typical levels of coordination during each phase. ■ All meetings will occur at Mackenzie, other than construction site meetings, or meetings that have been specifically identified in the scope as being held at an alternate location. We will record and distribute minutes following each meeting conducted by/at Mackenzie, and defined in the discipline specific scope of services attachment. Owner's CM/GC will record and distribute minutes following each construction site meeting. H:\Projects\217018400\6_Final\Attachment Q-REV2-Fees Assumptions and Exclusions-180524.docx Attachment Q—Fees,Assumptions, and Exclusions City of Lake Oswego Lake Oswego Civic Center—Option A Project Number 2170184.00 May 24, 2018 (Revised June 13, 2018) (Revised July 11, 2018) Page 4 ■ Conditions not depicted on available existing building documents, provided by the Client, or readily visible on project walkthroughs are excluded. Such impacts will be evaluated at the time of discovery and addressed via additional services as necessary. ■ Mackenzie will rely on Owner-provided existing facilities information for project, including but not limited to type of construction, building area, occupancy classification and other such parameters affecting design, construction documents, and permitting. ■ Seismic upgrades of existing facilities may be triggered by Code or other jurisdictional requirements, including, but not limited to, change of use/occupancy classification or modification of existing structural systems, and unless specifically included in the defined scope of services above, seismic upgrades are not anticipated to be required and as such are not included in our scope of services and fees. If it is determined throughout the course of the project that a seismic upgrade is required, impacts will be evaluated and added via additional services. ■ Square footage calculations will be provided as required to confirm compliance with building and zoning code requirements only. Calculations of gross, net, and rentable square footages are not included. ■ Mackenzie will utilize Revit as the documentation platform for the project. Our proposed scope/fee is based on the Revit model being developed to Level 200-250 standard. The model will be graphically represented with specific systems for primary building components, but as generic systems for non-primary components with configuration and interfaces. We anticipate that Owner's consultants/vendors will also utilize Revit for their documentation,will be responsible for modeling and detailing their respective components, and will comply with Mackenzie's expectations for document control standards. Mackenzie will develop the base model file and provide it to the consultant team for coordination. ■ Mackenzie Civil will utilize Autodesk's Civil3D 2018 platform for surface modeling and utility design of the project. This modeling is intended for design and coordination purposes only and not for use in bidding or construction. ■ Permits will be submitted via the City's e-Permitting website. ■ Mackenzie will not process or take action on partial or incorrect (multiple rounds) of non-compliant submittals. ■ The building will be designed as an essential facility as defined by the 2014 Oregon State Structural Specialty Code, Table 1604.5, but will not be explicitly designed for blast resistance. ■ Mackenzie will issue one (1) building permit package and one (1) bid package. ■ Owner's representative will track and periodically update project budget (as indicated in Attachment T) during the entire duration of the project to ensure the project stays within budget. EXCLUSIONS In addition to any exclusions outlined within the proposal above,we have also excluded the following from our proposed scope of work. ■ Reimbursable expenses. ■ Building permit fees, design review fees, or any other fees paid to public bodies having jurisdiction over the project. ■ Appeals, variances, public hearings, land use approvals except as specifically stated in the scope of work. H:\Projects\217018400\6_Final\Attachment Q-REV2-Fees Assumptions and Exclusions-180524.docx Attachment Q—Fees,Assumptions, and Exclusions City of Lake Oswego Lake Oswego Civic Center—Option A Project Number 2170184.00 May 24, 2018 (Revised June 13, 2018) (Revised July 11, 2018) Page 5 ■ Meetings with public agencies or other meetings other than those specifically identified above. ■ Environmental review. ■ Sensitive lands and/or wetlands delineation and/or mitigation design/approvals. ■ Hazardous materials mitigation design. ■ Design services related to development of the lot at the NW corner of Evergreen and 3rd. ■ Design services related to the current City Hall site other than scoped within. ■ Franchise utility extensions outside of site footprint. ■ Off-site improvements (such as roads, half street improvements, and utilities) beyond project frontage or as specifically included in scope. ■ Special foundation systems (e.g., piles or other deep foundations). ■ Floor vibration analysis, design for footfall impact. ■ Equipment support or racking systems. ■ Furniture selection unless expanded services are selected. ■ Presentation-level 3D renderings other than conceptual studies to describe design intent or as utilized as part of Mackenzie's design process. ■ No Navisworks files or Clashing will be provided or performed. Deliverables shall be PDF and/or hardcopy only. (Revit model RVT files and DWG exports will not be provided.) Revit models and sheets will be created to Mackenzie standards. No formal BIM Execution Plan will be provided. ■ Disabled access compliance design other than that required by the current editions of the Oregon Structural Specialty Code and the Americans with Disabilities Act - Accessibility Guidelines (ADAAG) for new construction, whichever is more stringent. ■ Permits other than those identified within the proposal identified above (e.g., phase permitting, trade permits, separate demolition permit). ■ Sustainability certification services, unless expanded services are selected. ■ Construction cost estimating after the Schematic Design (when selected CM/GC will start providing construction cost estimating services), unless expanded services are selected. ■ Materials testing/special inspections. ■ As-built plans or certification to local jurisdiction. ■ Mechanical/electrical/fire protection design, layout, or related specifications. ■ Graphics and/or signage design, permitting, and related coordination and permitting, beyond code minimum, unless expanded services are selected. ■ Acoustical engineering design and/or services. ■ Landscape irrigation design services ■ Design of open space parcel at Southwest corner of 3rd Street and Evergreen Road. ■ Marketing materials. ■ Services to prepare written rebuttal evidence to respond to evidence submitted by opponents of the proposal is not included; if warranted based on the submitted evidence, a specific proposal to prepare written rebuttal evidence and argument will be provided. ■ Services to file an appeal of the Development Review Commission decision, or to participate in City Council hearing(s)for a third-party appeal,are not included; if an appeal is filed by the applicant or a third-party opponent, a specific proposal for services to support the local appeal process will be provided. ■ For additional exclusions related to the Scope of Services of our retained consultant(s), refer to their attached proposal(s). ■ Facility tours, unless expanded services are selected. H:\Projects\217018400\6_Final\Attachment Q-REV2-Fees Assumptions and Exclusions-180524.docx Attachment Q—Fees,Assumptions, and Exclusions City of Lake Oswego Lake Oswego Civic Center—Option A Project Number 2170184.00 May 24, 2018 (Revised June 13, 2018) (Revised July 11, 2018) Page 6 ■ Commissioning and post occupancy evaluation services, unless expanded services are selected. ■ Special inspection services. Special Inspection Services to be contracted by the Owner, based on final design and construction schedule ■ Inspection services beyond A/E observations scoped within. ■ Geotechnical services during construction. H:\Projects\217018400\6_Final\Attachment Q-REV2-Fees Assumptions and Exclusions-180524.docx OPTION A - CITY HALL (POLICE + CITY HALL) AAVE NUE i �: - . \ F I wmumiseng .;_';--:•7„,.a-------,---,7 ". { y 1 FH w • .� W LU II I- I— NEW - NEW CITY HALL Cr) CO INFILL PARKING --• • 0 I 1. : I co EI iiiii.al , ,. :..,,.. ... „ „, ...._ , ",,. . ,,, ..-,;d } EXISTING, NO WORK NO WORK -€1) SITE PLAN N.T.S. 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I NNIIIN 1 NW Aerial Lake Oswego City Hall M • 2160290.00 City of Lake Oswego July 12.2018 / --____, / __________.____. pi. ,111 : ._ . • f , I ill III .,, , ill, ..:. .._ .. .. . . 1 1,11 -- . -_ _ _ _ . ...--_-.......:-.--______...._.._.... .__ _: _i _, „ 1 ' 1.--.- , , .____ ,ir UI' 1 • ..., ....„ „..... „ .,„,.., „ _• . . ._.__.. - II...: ..„,.. .. . i __ ___. •..5, S1........, ., . .„,,,4,.,. ! lit, , -- i- --. . _ ...; , _ .r- ;r1I I II II r� 11: ? . i• Ti. H4 il-161111410114.--- ri+ goi 00 -� ��rti � W 110� : .. 191"fir.11. 1.'m � l� mm=min♦einI E.111— it 111 NE Corner Perspective City of Lake Oswego Lake Oswego City Hall M . July 12.2018 2160290.00 LAKE OSWEGO COUNCIL MEETING p V` — O 17.) CITIZEN COMMENT The Mayor will call you to the table in front of the dais at the appropriate time. You will have three minutes to speak. The light in front of you will turn yellow when you have one minute left to speak and red when your time is up. SUBMIT TO THE CITY RECORDER Date: 7117 / ) b Subject: =17'}aUc.> I Name: k J _ t I L. ,v-e,o " M kia>rtUac0 !ism Address: '-'75D nei °1 D.r City/State/ZIP: [ ( L jo , &Z 7a 35 Phone: 56'3 :753- ‘ 5.--7-7 Are you part of an Organized Presentation? Yes Y' No If yes, list speakers in order of presentation: at 14 44Cil ii �Y 5 Rev Dec 2017 (-----0,1+ E----6:o LAKE OSWEGO N` COUNCIL MEETING U' r— O OREGoCITIZEN COMMENT The Mayor will call you to the table in front of the dais at the appropriate time. You will have three minutes to speak. The light in front of you will turn yellow when you have one minute left to speak and red when your time is up. SUBMIT TO THE CITY RECORDER 4g1 ( Iia Date: 7— ( 7— / C� Subject: (l 5css)o4 Name: Address: /(*IP „; City/State/ZIP: '1_1. 0 5 w /6 r /.9 70 Phone: -50- —t,;35- —506', Are you part of an Organized Presentation? Yeses'” No If yes, list speakers in order of presentation: Kk 14t4 I'S I �1 /l .rb, Li Rev Dec 2017 °4ghli,r1i \,'P` Eq-- j. 4- qs� LAKE OSWEGO N /, _ COUNCIL MEETING O pREGO� CITIZEN COMMENT The Mayor will call you to the table in front of the dais at the appropriate time. You will have three minutes to speak. The light in front of you will turn yellow when you have one minute left to speak and red when your time is up. SUBMIT TO THE CITY RECORDER Date: t27—(7-1 9 Subject: AffoRpis i'1.6. tjot'`X k Name: emit, 101•✓ Address: ZZG7 £L) M \f 14412- (2-P City/State/ZIP: !-0 giv4- Phone: 503 —705-'ZZ7• Are you part of an Organized Presentation? Yes No ?S If yes, list speakers in order of presentation: Rev Dec 2017 b14 4 ( i : -711711F LOCC: Affordable Housing: Smart Growth - Right-Sized Housing Options for Lake Oswego Good afternoon Mayor and Councilors. Thank you for your dedicated service. I am Paul Lyons a 40 year resident at 2250 Wembley Park Road, here to support right-sized, affordable housing choices for our community. I started with the Affordable Housing Task Force for City Council 15 years ago and continued with three more housing study groups reported to Council and Planning Commission. Housing options are a longer-term sustainability initiative needed for Lake Oswego. Our community is changing in many ways. Families continue to move here because of our excellent schools and neighborhoods. Seniors, who raised families here, want to stay but have few options to downsize. Folks 65+ are over 15% of Lake Oswego residents. 1,500 households have single occupants 65+. They often have considerable equity, so when sold could buy a smaller option and stay in LO. Their larger homes provide starts in neighborhoods for young families. I talked with dozens of senior residents who do not want to live in retirement communities. They want to stay in neighborhoods. Housing options include apartments, condos, Secondary Dwelling Units, and cottages. Secondary [or Accessory] Dwelling Units are one option. 800 SF additions to existing home, or as a stand-alone building. Building costs are still high. The building permits and fees average $500. If a built-in range/oven is installed, the unit considered a new home and fees go over $12,000. City of Portland has dropped such development requirements and excessive charges. Cottage housing developments have grown in Seattle, Vancouver BC and other cities. Cottages are small pocket neighborhoods with a mix of seniors, families and singles. I have seen larger properties with tear-downs and large homes built. The same properties could contain 4 to 8 cottages. Modification to our R-10 requirements will be needed for select areas. Tax revenues to this City and County would be similar with cottages as to one large home. Lake Oswego needs to look long-term to serve our residents with right-sized housing choices. Thank you. Portland Area ADUs - https://accessorydwellings.org/ Ross Chapin, Architect-www.RossChapin.com All Things Cottage -www.AllThingsCottage.com PRE_LO City Council_Affordable Housing_071718 Paul Lyons, Paul@LyonsPDX.com O-‘s , s� LAKE OSWEGO IfV ;__ O ' COUNCIL MEETING — ORE0r\ CITIZEN COMMENT The Mayor will call you to the table in front of the dais at the appropriate time. You will have three minutes to speak. The light in front of you will turn yellow when you have one minute left to speak and red when your time is up. SUBMIT TO THE CITY RECORDER 15 , ( Date: 7-17 -17 Subject: Ayme w Name: J—r W / I a PI 4 Address: 80 L '-; City/State/ZIP: (. F ke S ' """$, c 0 • Phone: 503 - 63S - 324 Are you part of an Organized Presentation? Yes No If yes, list speakers in order of presentation: Rev Dec 2017 04 E 0 LAKE OSWEGO H . COUNCIL MEETING O oREoo ; CITIZEN COMMENT The Mayor will call you to the table in front of the dais at the appropriate time. You will have three minutes to speak. The light in front of you will turn yellow when you have one minute left to speak and red when your time is up. SUBMIT TO THE CITY RECORDER Date: Subject: (:-LVA14 -1--1.t, i y Cv Name: Address: o F5% City/State/ZIP: IsCf ke Phone: �� O > `7r: Are you part of an Organized Presentation? Yes No If yes, list speakers in order of presentation: Rev Dec 2017 8.1 COUNCIL REPORT \REG TO: Kent Studebaker, Mayor Members of the City Council FROM: Scott Lazenby, City Manager SUBJECT: ANNEXATION POLICY DATE: July 6, 2018 MEETING DATE: July 17, 2018 ACTION Provide direction on annexation policy and implementation. EXECUTIVE SUMMARY At its March 22 Study Session, the City Council received a report and staff recommendations on changes to the current policy on annexation, but deferred discussion and decision to a future study session. Several Councilors did, however, express interest in further outreach to and engagement of residents of the unincorporated areas. In this report we recommend achieving this goal through annexation elections in early 2019, in which residents can choose whether or not to be part of Lake Oswego and receive the benefits of city residency. INTRODUCTION/BACKGROUND The July 17 study session provides an opportunity for the City Council to continue its discussion of options in response to the 2018 City Council goal to "reconsider the Council Policy on annexation." While Oregon law provides for several methods for properties to annex to a city, Lake Oswego has primarily used the "triple majority" provision of ORS 222.125, where there is consent from a majority of land owners who own a majority of real property representing a majority of the assessed value of the land within the affected territory. Only a simple majority is required in each of the three conditions, but in practice it has been 100%, not merely a majority, as individual properties seek annexation in order to develop their property or replace a septic system with a connection to the municipal sewer system. At the March 22 meeting, in reference to the perceived costs and benefits for residents of unincorporated areas, a suggestion was made, "let them vote on it." While that method hasn't been used often in Lake Oswego, it is certainly worth considering. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 2 Annexation Elections State law (ORS 222.120(4)) also provides that a city can annex unincorporated areas "upon the condition that the majority of the votes cast in the territory is in favor of annexation." Using this approach would be a democratic way to allow the six major unincorporated areas (Rosewood, Lake Forest, Southwood, Forest Highlands, Birdshill, and Skylands) to decide if they would like to receive (or in some cases, continue receiving) the benefits of city residency, which include: urban level police protection by LOPD; in-city rates for water, sewer, recreation, and other programs; recognition of neighborhood associations; ability to serve on city advisory boards and the City Council; and a higher long-term likelihood of street, sidewalk, and other improvements. We recommend that if the Council wishes to pursue this approach, these elections be held in May of 2019 for several reasons: the election itself would be held at a relatively low cost to the City, and this provides plenty of time to provide information on the costs and benefits of being part of Lake Oswego. If voters choose not to annex as part of the 2019 election, we recommend that, going forward, we allow annexation only of larger groups of properties that would be more efficient for service provision and infrastructure extension. This is similar to "option E" from the PSU study team (which assumed annexation of groups of at least fifteen properties), presented to the City Council on November 21, 2017. The benefit of this approach is that it is more cost-effective for both the City and annexing properties, taking advantage of the economy of scale of extending sewer trunks and creating financing mechanisms (local improvement districts or zones of benefit) for multiple properties at a time. Annexing a block at a time would also make street maintenance and upgrades more efficient. An exception would be made for larger lots that are unincorporated islands or peninsulas, primarily in Forest Highlands, since in this case it would not be possible to assemble a larger group of unincorporated lots. Under this proposed policy, we would not otherwise annex or extend sewer service on a lot by lot basis. Outreach An advantage of the election message is that factual information on the effects of annexation can be provided to all voters via the voters' pamphlet. The City could also provide information via direct mail, the web site, and social media, and through neighborhood meetings. Due to workload, we recommend limiting staff time to one neighborhood meeting for each of the six neighborhoods, or six meetings total. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 3 Improvement Projects The majority of the properties that surround Woodmont Park are unincorporated. Therefore, we recommend putting this project on hold pending the outcome of the election. We also recommend that, if the state grant for Lakeview Boulevard south of Jean Road is not awarded, we also put this project on hold. ALTERNATIVES Aside from island annexation, the only other major option is the "do nothing" approach, with no change to the past pattern of lot-by-lot annexations. But this process has few benefits. It requires a disproportionate amount of staff time, property owners face high costs for extending the sewer to serve one lot, and surrounding neighbors dislike tree removal and development. Except for a small amount of property tax, there is no upside to the city government, or to city residents and taxpayers. SUMMARY OF RECOMMENDATIONS 1. Proceed with island annexation of primarily commercial property, consistent with current policy. 2. Schedule annexation elections in May, 2019, for the areas of Rosewood, Lake Forest, Southwood, Forest Highlands, Birdshill, and Skylands. Areas that vote to annex would receive the benefits of city residency, including police protection, in-city rates for city services, recognition of neighborhood associations, and the ability to serve on the City Council and advisory boards. 3. Limit staff time spent on outreach to print and social media, and to one meeting each for the affected neighborhoods. 4. Pending the elections, hold off on city-funded capital improvements that largely benefit unincorporated properties. 5. Discontinue lot-by-lot annexations; use the "triple majority" process for larger groups of properties. 6. As discussed at the March 22 meeting, adopt a "friendly sewer connection" policy, in which the city would not require homes that have functioning septic systems to connect to the municipal system. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us July 17, 2018 Mayor Kent Studebaker&City Councilors City of Lake Oswego 380 A Avenue Lake Oswego, OR 97034 Dear Mayor Studebaker and City Councilors: Lake Forest Neighborhood Association (LFNA) respectfully submits this letter in response to ongoing City Council policy discussion on the topic of annexation in our neighborhood and others surrounding the City of Lake Oswego. Our prior letter dated May 30, 2018 stated our position against a vote for forced island annexation (including a vote to schedule the required public hearing) "until the impacts of annexation and sewer extension are fully examined and the residents of Lake Forest Neighborhood are fully informed." We continue to oppose any form of forced island annexation. The Staff Report for the July 17th City Council Study Session newly proposed vote raises many new questions, both about process and impact on those who might be annexed and on the City and County that would be shifting responsibilities. At this time,the new Staff is before you suggesting a vote of six neighborhoods to determine if they would like to "receive (or in some cases continue receiving)the benefits of residency which include: urban level police protection by LOPD; in-city rates for water, sewer, recreation, and other programs: recognition of neighborhood associations; ability to serve on city advisory boards and the City Council; and a higher long-term likelihood of street, sidewalk or other improvements." Implicit in this statement is that a `No'vote would mean that many of these benefits would not be, or would no longer be available. In particular, the potential for a change in the current City Annexation policy without an equal change at the County level could create a 'limbo' of sorts. For example, if a resident needed to repair a part of their septic system that previously would trigger a push to annex, would that resident now fall fully under County guidelines and be allowed to repair it? Could lots now be partitioned and built upon under County zoning and guidelines even if they were within 300' of a sewer line? Or would lot owners be stuck between a City that will not take them without 14 other neighbors and a County that doesn't want them and won't issue permits? Would that even be permissible under State law? Questions arise such as impact on `mutual aid' agreements between City and County emergency services,funding that currently goes into the Enhanced Sherriff's patrol and the Lake Grove Fire District. The language regarding annexation benefits also mentions "higher likelihood of street, sidewalk and other improvements." However,this is far from a concrete promise. We do not understand where funding for such improvements would come from, the timeline for their implementation or the costs to residents if local improvement districts or zones of benefit were utilized to accomplish them. The LFNA has formed an Annexation Committee to discuss the topic and pursue answers to questions raised by the PSU Study and the May Staff report. Our May 30th letter requested the City provide answers to a number of the most salient points and was met with a decline by the City Manager to put staff time into answering them. We were able to find some answers on our own but many require City participation to move forward. The current Staff Report raises additional new questions beyond those mentioned here. The Staff Report repeatedly recommends limiting staff time to the issue rather than a whole hearted engagement. Again, the LFNA feels that the broad nature of the topic and the significant impact on all parties, including citizens in unincorporated areas of LF Neighborhood as well as residents of Lake Oswego, we believe it is critically necessary to address questions with objective information. We want to make informed decisions and believe that the City Council would as well given their fiduciary responsibilities to the citizens of Lake Oswego. Members of the City Council have commented many times on their intentions to have public outreach and engagement with the community. After months of waiting, a PSU report advising this approach, and letters of invitation from the LFNA, we have yet to see any substantive outreach initiated. The Staff Report recommends limiting staff time and community outreach to the City website, social media and one public presentation meeting of'the factual information' per neighborhood. This current recommendation does not seem to be moving toward either the Council's or the LFNA's repeatedly stated goals. Here is what we would like to see happen: 1) Engage the stakeholders in public meetings so those impacted may have productive conversation and gain mutual understanding. 2) Host a Listening Post. Present what is learned from stakeholder meetings, allow the public to be informed and provide feedback. 3) Present your proposed language for an annexation vote and have a public hearing. Receive public comments on the specific language and impacts of it. 4) Revise the proposed language if the Council deems necessary. 5) City Council votes on if the annexation election process moves forward. The LFNA understands the attraction of deciding on a vote first, and figuring out the language and consequences afterwards. If that is the Council's direction, we hope that steps 1, 2, 3 and 4 will be incorporated into the planning of the vote language. The City Council and the voters need to have a very clear understanding of what a Yes vote means and what a No vote means. Sincerely, Lake Forest Neighborhood Association Board Members Kate Myers, Carolyn Krebs, David Kainoa, Ginger McDowell,Jeff LeVee, Michael Dolloff, Belinda Klein Lake Forest Neighborhood Association Annexation Committee Cathy Shroyer, Kate Myers, Carolyn Krebs, Belinda Klein, Anne Jaeger,Jenny Dresler, Rebbecca Maese, Kay Bay, Larry Kitchen, Donna Gardinier, Linda McKinght, Dylan Amo To: Kent Studebaker, Mayor, and Members of Lake Oswego City Council Re: Annexation Policy Study Session scheduled for July 17, 2018 From: Peter Klaebe & Lisa Volpel, Co-Chairs, Rosewood Neighborhood Association We are writing to ask some questions and offer some thoughts about the annexation policy recommendations made by your City staff. We are Co-Chairs of the Rosewood Neighborhood Association, and have polled members of our NA Board on this topic, but the comments in this letter do not necessarily represent our NA as we have not officially taken a position on these most recent policy recommendations from staff. Some questions we have discussed are: 1. In regards to recommendation#2, May elections tend to have low voter turnout, and only those who consciously want something to happen, do vote. As outlined in the staff report, the proposed annexation vote does not really offer any incentives for unincorporated property owners to annex. Is the intention of suggesting a May 2019, with limited time to organize a pro-annexation vote, designed to ensure the vote would fail? Or would the City consider changing this date for a vote to a later general election where more voters will turn out, and more information could be shared with voters? 2. If the City were to offer something like dedicated tax increment financing from property revenues being used to fund capital projects (like sewer lines, road repairs & pathways) in the originating neighborhoods, chances of getting annexation vote majority would go up. This is not tax increment financing as currently defined, but a proposal that the tax increment that property owners would pay as a result of joining the City(difference between County tax rates and City tax rates) be put in a dedicated capital improvement fund for properties in that area for a defined period of time—maybe 20 years. In a meeting with City Manager Scott Lazenby on Monday July 16, he suggested this could be something to consider. He was open to the idea of offering other incentives to induce property owners of limited financial means to agree to annexation, with deferred property tax increases that are treated like liens upon the sale of the property. 3. We have concerns about recommendation#5, in situations where a single property outside city limits has a failing septic tank within 300 ft of a sewer line, and is not in a position to annex. Scott Lazenby implied that the City would give some accommodation to the property owner in this case to allow for a replacement septic tank. We think if the City were to adopt this recommendation, a properly defined exception process would be very important. 4. Recommendations#1,#4 and #6 appear reasonable; #3 seems destined to limit likelihood of success on voting for annexation. At least one Board member is concerned about#4, as it relates to improvements on Lakeview Blvd to support relocating the school bus barn, and would not want this adopted as is. 5. We have some concerns that the City staff recommendations as outlined are designed to allow the City to organize a vote on annexation that will be destined to fail.This would then allow the City to proceed to forced island annexations and work with the League of Oregon Cities to convince the State legislature that annexation laws need to change to allow/force large scale annexations within urban growth boundaries without the consent of those voters. Several of our NA Board members believe that the City should provide more time and outreach on any annexation vote,so voters have time to comprehend more than just a 10% hit on their property taxes without a perceived benefit. There may be a delayed beneficial result with an extended information sharing and voting process, but a win-win would be better than the alternatives. Yours sincerely, Peter Klaebe & Lisa Volpel Co-Chairs, Rosewood Neighborhood Association 8.2 COUNCIL REPORT \REG TO: Kent Studebaker, Mayor Members of the City Council FROM: Scott Lazenby, City Manager Scot Siegel, Planning & Building Services Director Debra Andreades, Senior Planner SUBJECT: ECONOMICAL HOUSING INCENTIVES, STUDY SESSION #5 DATE: May 22, 2018 MEETING DATE: July 17, 2018 ACTION Decide which workforce housing incentives to adopt or to remove from consideration. EXECUTIVE SUMMARY Several incentives for construction or provision of workforce housing have been discussed by the City Council. This study session provides an opportunity for the Council to provide direction to adopt, or remove from further consideration, the following types of incentives: Systems Development Charge Waiver/Deferral for new multi-unit housing; charging full SDCs for a new home that replaces a demolished home; a full property tax exemption for up to ten years for multi-unit housing that meets rent targets; use of Urban Renewal and other capital project funds (development agreement) to offset the cost of workforce housing; a city housing bond measure similar to the one being considered by Metro; a special levy or other ongoing revenue sources to provide vouchers for rent; amend code to allow exceptions to some development standards for eligible projects; and (not technically an incentive) requiring that new multi-unit developments include a given percentage of below-market rentals. INTRODUCTION/BACKGROUND The City Council previously discussed incentives in study sessions on June 20, 2017, October 17, 2017, March 6, 2018, and May 15, 2018. At the October meeting, the City Council voted to remove from consideration a construction excise tax. At the May 15 meeting, the Council gave direction to provide a waiver or deferral for systems development charges for accessory dwelling units, and tentative support for property tax exemptions for up to ten years for multi- unit projects that meet certain rent targets (HB 2377). Several other options remain on the table for discussion. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 2 The 2018 Council Goals include: "Adopt the tools identified in 2017 for more economical workforce housing." As of December 2017, Council consensus on tools centered on a streamlined process for accessory dwelling units (now accomplished), and possible systems development charge reductions or deferrals for accessory dwelling units (approved in principle by the Council) and for below-market apartment developments. In considering additional tools, a strategic issue for the Council to consider is whether to focus on existing (older) homes and apartments as the primary vehicle for meeting workforce housing needs, or to focus on new construction, or a combination of the two. If the focus is on existing housing, disincentives for demolition and vouchers may be appropriate tools. If new housing, there are a variety of tools available to subsidize housing costs or to provide incentives and even requirements for construction of below-market rental units. OPTIONS Preserving Older Housing Stock 1. Assess Systems Development Charges on Homes that Replace a Demolished Home. Arguments in favor: 1) could act as an incentive to preserve existing older homes that are typically more affordable; 2) offsets loss of SDCs when they are waived for new ADUs and multi-unit rental housing; 3) when older homes were constructed, they typically did not pay SDCs; 4) new homes that replace tear-downs are typically much larger, and could place a larger demand on infrastructure. Arguments against: 1) may not be disincentive to tear-downs if SDCs are too a small percentage of total price of a new house; 2) some structures are in such bad condition that they should be replaced; 3) builders could get around the provision through an extensive remodel instead of complete demolition; 4) even if SDCs were never paid on the original house, the property owners did pay for the infrastructure over the years through general taxes and fees. Staff recommendation: Neutral. 2. Create a Locally-Funded Rent Voucher System. A city voucher system could be funded through a special property tax levy or a local business tax. Eligibility for vouchers would need to comply with the Fair Housing Act. Argument in favor: an economically efficient means of making local rental housing more affordable for people who work in Lake Oswego. Arguments against: 1) would require a fair amount of administrative overhead; 2) vouchers are more effective at a regional level, giving workers more flexibility on where they live; 3) city property owners or businesses would probably not be enthusiastic about a new tax. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 3 Vouchers could be used for both new and older housing, but since the latter tends to be more affordable, this is one tool for supporting the preservation of older rental properties. Staff recommendation: Neutral. Supporting New Housing Creation 3. Systems Development Charge Waiver/Deferral for Affordable Multi-Unit Rental Housing. This would update and clarify the current code provisions, as discussed on May 15. (At that meeting, Council gave direction to proceed with SDC waivers for ADUs). Staff recommendation: Approve. 4. Include Workforce Housing Projects in Urban Renewal Plans. The debt limits for the East End and Lake Grove urban renewal districts will be met with projects that are now underway. It would, however, be possible to amend the plans and extend the debt limits (e.g., contributions toward off-site and on-site infrastructure) and/or write down the cost of land, as incentives for a developer to provide workforce housing as part of a mixed-use development in either district. These kinds of projects could also be considered if future urban renewal districts are created. Staff recommendation: Leave current districts as-is; set aside this option for future consideration. 5. Local Housing Bond. Similar to Metro's proposed bond, a local housing bond could pay for land and improvements for workforce housing projects. Argument in favor: it could help bridge the gap between market rents and more affordable rents, especially given the high land values in Lake Oswego. Arguments against: the bond levy would make home ownership more expensive for all other residents. Staff recommendation: remove from further consideration and instead work with Clackamas County on possible uses of the Metro housing bond, if it passes. 6. Use of other Capital Improvement Funds. The City's policy is that new growth should pay for itself, but the City Council can approve the use of street, water, and sewer funds to help pay for the infrastructure needed to serve a workforce housing project. This is typically done through a development agreement. Staff recommendation: This tool already exists. If, however, it is Council policy to subsidize workforce housing developments in this way, the capital improvement program could be amended, shifting some of the funding burden to existing residents and businesses. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 4 7. Provide Exceptions to Specific Design Requirements for Eligible Projects. One option would be to increase the height limit for affordable rental housing projects. Another option would be to reduce off-street parking requirements, as parking adds considerably to the cost of development. These options would allow more units to be built on a given piece of land, potentially reducing the cost per unit and allowing a percentage of the units to be rented at below-market rates. But developers might be hesitant to use this provision since it would lock in below-market rent requirements for the long term. Some Lake Oswego residents are opposed to tall buildings and higher density due to concerns about traffic, parking, and aesthetics. Staff recommendation: Neutral; though either option (height or parking) would require careful study with public involvement, and potential amendments to the comprehensive plan. 8. Require New Apartment Projects to Include Some Below-Market-Rent Units. Some economists oppose this concept since in theory it might reduce the overall number of rental units that are available, and thus drive up rents due to the law of supply-and- demand. On the other hand, it's hard to prove that this actually occurs due to the difficulty in making dynamic inferences from cross sectional data. The approach works best in larger developments where the cost of providing below-market rate housing can be spread over a larger number of non-subsidized housing units. Staff recommendation: Remove from further consideration until other suburban cities have had some experience with this option. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 5 Workforce Housing "Scoresheet" TOOL PROCEED TOWARD REMOVE FROM FURTHER STUDY ADOPTION CONSIDERATION 1. SDCs when demolished homes are replaced 2. Local rent voucher system 3. SDC reductions for below-market multi-unit housing 4. Amend current urban renewal plans to include workforce housing goals 5. Local housing bond measure 6. Divert existing capital improvement funds to subsidize infrastructure for below-market housing 7. Give affordable housing projects more flexibility in design standards (e.g., height, density, parking) 8. Require a percentage of new units in apartment developments to be below-market ("inclusionary zoning") Other 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us 9.1 vit � COUNCIL REPORT /04/fikk� r o OREGOF TO: Kent Studebaker, Mayor Members of the City Council FROM: Megan Phelan, Assistant City Manager/ HR Director SUBJECT: LAKE OSWEGO MUNICIPAL EMPLOYEES ASSOCIATION (LOMEA), LOCAL 1546 OF AFSCME COUNCIL 75 AFL-CIO COLLECTIVE BARGAINING AGREEMENT RATIFICATION DATE: June 7, 2018 MEETING DATE: July 17, 2018 ACTION Adopt Resolution 18-32 ratifying a proposed collective bargaining agreement between the Lake Oswego Municipal Employees Association (LOMEA), Local 1546 of AFSCME Council 75 AFL-CIO and the City of Lake Oswego. BACKGROUND In Executive Session, the City Council provided staff direction regarding labor negotiations between the City and LOMEA. The result of those negotiations is a proposed collective bargaining agreement for July 1, 2018 through June 30, 2021. LOMEA/AFSCME membership ratified the contract on June 28, 2018. DISCUSSION A summary of the major economic points of the collective bargaining agreement follows: • A Cost of Living Adjustment (COLA) of 4% effective July 1, 2018 based upon the CPI-U Portland Cost of Living Index. A COLA effective July 1, 2019 based on the Western Region Size B-C Index with a minimum of 2% and a maximum of 4%. A COLA effective July 1, 2020 based on the Western Region Size B-C Index with a minimum of 2% and a maximum of 4%. • Modest adjustment of four positions on the salary schedule based on internal and external comparators, and creation of three new positions. • LOMEA/AFSCME employees will continue to pay 9%toward the monthly medical insurance premium for the first year of the contract. Effective July 1, 2019 they will pay 10% of the monthly medical insurance premium. • Effective July 1, 2019, when the employees begin to pay 10% of the monthly medical 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 premium, the City's VEBA contribution will increase from $55.00 per employee per month, to $65.00 per employee per month. • Three year contract with a reopener in the third year on health insurance if the Affordable Care Act excise tax is or may be triggered. A full copy of the Agreement is attached to resolution 18-32 as Exhibit A and is on file with the City Recorder's Office. FISCAL IMPACT The cost for a 4% COLA in year one is approximately $428,400 which does not include benefits and other related payroll costs. This amount is in line with the current budget. RECOMMENDATION Approve resolution 18-32. ATTACHMENTS 1. Resolution 18-32 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Attachment 1 RESOLUTION 18-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE LAKE OSWEGO MUNICIPAL EMPLOYEES ASSOCIATION (LOMEA), LOCAL 1546 OF AFSCME COUNCIL 75 AFL-CIO AND THE CITY OF LAKE OSWEGO WHEREAS,the City of Lake Oswego collectively bargains with the Lake Oswego Municipal Employees Association (LOMEA), Local 1546 of AFSCME Council 75 AFL-CIO, over wages, hours, and conditions of employment; and WHEREAS,the collective bargaining agreement expired on June 30, 2018; and WHEREAS,the City of Lake Oswego and the Lake Oswego Municipal Employees Association (LOMEA), Local 1546 of AFSCME Council 75 AFL-CIO, have reached a tentative successor agreement; NOW THEREFORE, BE IT RESOLVED,that the City Council of the City of Lake Oswego authorizes the City Manager to sign the collective bargaining agreement between the Lake Oswego Municipal Employees Association (LOMEA), Local 1546 of AFSCME Council 75 AFL-CIO and the City of Lake Oswego through June 30, 2021 in the form attached as Exhibit A. This resolution shall take effect upon passage. Approved and adopted by the City Council of the City of Lake Oswego at a regular meeting held on the 17th day of July, 2018. AYES: NOES: ABSTAIN: EXCUSED: Kent Studebaker, Mayor ATTEST: Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: David Powell, City Attorney Exhibit A AGREEMENT BETWEEN THE CITY OF LAKE OSWEGO AND THE LAKE OSWEGO MUNICIPAL EMPLOYEE'S ASSOCIATION (LOMEA), Local 1546 of AFSCME Council 75 AFL-CIO JULY 1, 2018 THROUGH JUNE 30, 2021 Table of Contents Page No. 1. Recognition 3 2. Management Rights 4 3. Employee Rights 5 4. Union Security 6 5. Peaceful Performance of City Services 7 6. Hours of Work 7 7. Overtime 10 8. Special Pay 11 9. Wages 13 10. Holidays 14 11. Vacation 16 12. Sick Leave 17 13. Leaves of Absence 20 14. Worker's Compensation 21 15. Layoff 23 16. Employee Insurance Benefits 26 17. Education Reimbursement 29 18. Uniforms and Clothing 30 19. Probation and Seniority 31 20. Discipline and Discharge 33 21. Subcontracting 33 22. Grievance Procedure 34 23. Personnel File 36 24. Training 37 25. Meal Allowance 37 26. Labor Management Committees 37 27. Performance Evaluations 38 28. Working Out of Classification 38 29. Union Representation 38 30. Filling of Vacancies 39 31. Seasonal Employees Generally 40 32. Employee Recognition 40 33. Saving Clause 41 34. Funding Clause 41 35. Amendment and Closure Clause 41 36. Term of Agreement 41 Appendix A (Wage Schedule) 43 Appendix B Personnel Change Matrix 47 Appendix C (Holiday-Pay/Compensatory Time Schedule) 49 Appendix D (Drug & Alcohol Policy, with Attachments) 50 Lake Oswego Municipal Employees'Association(LOMEA) 2 Collective Bargaining Agreement July 1,2018-June 30,2021 AGREEMENT AND PURPOSE This Agreement is entered into between the City of Lake Oswego, Lake Oswego, Oregon, hereinafter referred to as the "City," and the Lake Oswego Municipal Employees'Association, Local 1546 of AFSCME Council 75 AFL-CIO, hereinafter referred to as the "Union," for the purpose of fixing wages, hours and conditions of employment in the bargaining unit covered by this Agreement. The purpose of this Agreement is to set forth the sole and full agreement between the parties relative to such matters. ARTICLE 1 —RECOGNITION Section 1.1. The City recognizes the Lake Oswego Municipal Employees'Association (LOMEA), Local 1546 of the AFSCME Council 75,AFL-CIO as the sole and exclusive bargaining agent for the purpose of establishing wages, hours and conditions of employment for all employees employed in regular positions listed on the Salary Schedule in Appendix A, budgeted by the City and eligible for health insurance and other benefits as set forth in this Agreement, excluding those positions set forth below: All classifications represented by other bargaining units,persons employed in a supervisory and/or confidential position as defined in ORS 243.650(6) and(23), interns and persons employed as temporary, on-call or contract employees. A regular position is distinguished from a temporary, on-call or contract position in that the regular position relates to a budgeted position for which an employee is eligible for the City's health insurance and other benefits as set forth in this Agreement. A regular position covered by the LOMEA Agreement is defined as a position in one of the following categories: • A full-time position normally scheduled for 40 hours per week. • A part-time position normally scheduled for 20-39 hours per week. • A seasonal position scheduled to work at least 80 hours per month for at least eight consecutive months. Section 1.2. All references to employees in this Agreement designate both sexes, and whenever the male gender is used, it shall be construed to include male and female employees. Section 1.3. The City shall assign each employee to a classification. The City may, at its discretion, establish new classifications. The City shall notify the Union when a new classification has been established. If the classification is determined to be in the bargaining unit, the wage rate and pay grade for the new classification shall be subject to negotiations and statutory impasse resolution procedures. Lake Oswego Municipal Employees'Association(LOMEA) 3 Collective Bargaining Agreement July 1,2018—June 30,2021 Section 1.4. During the term of this Agreement, the City agrees not to convert any full-time positions into one or more part-time positions,unless the position is vacant or the City finds other suitable employment for any displaced employee within the City service. At the request of the incumbent, the City may agree to reclassify a regular full-time employee to a regular part-time position. The reclassification does not affect the full-time status of the positions for budgetary purposes. Section 1.5. - Temporary Positions: Any position created as a temporary position which is filled for more than twelve (12) consecutive months shall either be eliminated at the end of twelve (12)months or the position shall then be considered a regular position and become part of the bargaining unit. A temporary employee who is retained beyond the twelve (12)month period will be required to complete an initial probationary period. This Section shall not apply to a reoccurring temporary position that is filled for less than eight(8)months in any twelve (12) month period. The intended use of a temporary reoccurring position is to assist with expected increases in workload not to exceed eight(8)months in a twelve (12)month period. The intended use of a temporary non-reoccurring position or a temporary non-reoccurring employee is to cover unexpected vacancies, or vacancies created by a temporary increase in workload, termination, or medical leaves granted to a regular employee for up to twelve (12) months. It is acknowledged that there will be exceptions to this policy. Exceptions to this policy shall be mutually agreed upon by the City and the LOMEA. Section 1.6. Upon request, the City will provide the Union with the date of hire of any temporary employee. ARTICLE 2—MANAGEMENT RIGHTS Section 2.1. The Union recognizes and agrees that responsibility for management of the City and direction of its work force is vested solely in the City and responsible department heads. The Union recognizes and agrees that in order to fulfill this responsibility, the City shall retain the exclusive right to exercise the regular and customary functions of management, including, but not limited to, directing the activities of the various City departments; determining standards and levels of service and methods of operation, including subcontracting and the introduction of new equipment; the right to hire, lay off, transfer and promote, including determining the procedures and standards thereof; to discipline and discharge at-will probationary employees, and regular status employees for just cause; to determine work schedules and assign work; and to exercise any other right not specifically abridged by this Agreement. Nothing in this clause shall have the effect of nullifying agreements entered into under other sections of this Agreement, provided that management rights and prerogatives are not subject to the grievance procedure, specified in Article 22, except where abridged by a specific provision of this Agreement. It is further agreed that the City retains all rights, powers and privileges not expressly specified in this section. Lake Oswego Municipal Employees'Association(LOMEA) 4 Collective Bargaining Agreement July 1,2018—June 30,2021 ARTICLE 3—EMPLOYEE RIGHTS Section 3.1. It is agreed that employees represented by the Union shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of employee relations. Employees covered by this Agreement also shall have the right to refuse to join in the activities of the Union or any other employee organization. No employee or member of the Union shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by the Union because of his/her exercise of these rights and privileges contained in this Agreement. Section 3.2. -Non-Discrimination: Neither the City nor the Union shall discriminate against any employee covered by this Agreement because of age, marital status, sex, sexual orientation, gender identity, disability, race, color, creed, religion, national origin, union affiliation, political affiliation or other protected status or activities. Section 3.3. -Non-Retaliation: The City shall not interfere with, intimidate, restrain, coerce, or discriminate or retaliate against an employee for engaging in "whistle blowing" as defined by applicable law (ORS 659A.203). "Whistle blowing" includes reporting the violation of any federal, state or local statutes and City ordinances or policies. Section 3.4. It is the goal of the Union and the City that employees, including supervisors, shall at all times treat each other with respect, including instruction and other communications between supervisors and employees. Oral warnings and/or correction of conduct will be done in a manner which will not embarrass an employee before other employees or the public. Section 3.5. The City shall endeavor to provide employees with a safe and healthy workplace and shall take action to address unsafe or unhealthy conditions. Employees are encouraged to inform the City of unsafe work conditions without fear of reprisal or recrimination. Section 3.6. The City agrees to comply with employees' constitutional protections when conducting searches of personal property. Section 3.7. -Email Usage: Employees and the Union Executive Board may use the City email system to communicate to the Union membership announcements about meeting subjects, dates and times. The Executive Board members and/or stewards may also use the City's email to communicate with the City administration, Executive Board members and employees for the purpose of processing formal grievances and filing official correspondence with the City. Section 3.8. - Outside Employment: Notice of outside employment while an employee of the City shall be given to the City's Human Resources Director. The Human Resources Director shall keep such notification in confidence, and disclose such information only on a need to know basis. The City reserves the right to require termination of that employee's outside employment if the employment: a) Results in an actual conflict of interest. b) Detracts from the efficiency and effectiveness of the employee in his/her City work. c) Proves incompatible with the employee's work schedule. Lake Oswego Municipal Employees'Association(LOMEA) 5 Collective Bargaining Agreement July 1,2018—June 30,2021 Employees working in the Police Department shall obtain written approval from the Chief of Police prior to engaging in any outside employment. Approval of outside employment shall be at the discretion of the Chief of Police in accordance with provisions of Department policy. Section 3.9. -New Employee Orientation: A Union representative will be allowed to meet with the newly hired employee for twenty(20) minutes on paid time to address the purpose of the Union,benefits of belonging to the Union, and related information. It is not time to be used for discussion of labor/management disputes. All such meetings must be coordinated in advance with the employee's supervisor. ARTICLE 4—UNION SECURITY Section 4.1. Membership or non-membership in the Union shall be the individual choice of employees covered by this Agreement. Any employee who chooses not to belong shall make a "payment in lieu of dues" which shall be in an amount set by the Union. Section 4.2. Notwithstanding the foregoing, any employee who, based upon bona fide religious tenets or teachings of a church or religious body of which such employee is a member or as otherwise required by law, objects to "fair share" as required in Section 4.1 shall not be required to do so. Such employee shall pay an amount of money equivalent to regular Union dues to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and the representative of the labor organization to which such employee would otherwise be required to pay dues. The employee shall furnish written proof to the City that this has been done. Section 4.3. The City agrees to deduct from the paycheck of each employee, pursuant to this Article, Union dues or "fair share" commencing with the first pay period following date of hire. Section 4.4. The City will not be held liable for checkoff errors, but will make proper adjustments with the employee and the Union for errors as soon as practical and upon notification from the Union. The Union agrees to indemnify and hold harmless the City from any action arising under this Article. Section 4.5. The aggregate deductions of all employees shall be remitted to AFSCME and an itemized statement shall be remitted to the President and Treasurer of the Union, as well as to AFSCME, within three (3)business days following each payday. Section 4.6. The City shall notify the President of the Union of all new hires in the bargaining unit within two (2)weeks after their date of employment, furnishing the Union with the employee's name,position title, date of hire, and mailing address. Lake Oswego Municipal Employees'Association(LOMEA) 6 Collective Bargaining Agreement July 1,2018—June 30,2021 ARTICLE 5 -PEACEFUL PERFORMANCE OF CITY SERVICES Section 5.1. During the duration of this Agreement, there will be no strike (including sympathy strike)by the Union, nor will any of its negotiators, representatives or employees investigate,promote, sponsor, engage in or condone any strike, slowdown, concerted stoppage of work, or any other intentional disruption of the operations of the City, regardless of the reason for doing so. For purposes of this section, "strike" means an employee's refusal and concerted action without others to report for duty, or his/her willful absence from his/her position, or his/her stoppage of work, or his/her absence in whole or in part from full, faithful or proper performance of his/her duties of employment for the purpose of inducing or coercing a change in the conditions, compensation,rights, privileges or obligations of employment. Section 5.2. In the event of a violation of this provision by the Union or employees in the bargaining unit, the City may discipline or discharge any employee involved in such activity. Nothing in this Article shall preclude recourse by the City to such other legal or equitable remedies as may be available to it. Section 5.3. The Union agrees to inform its members of their obligations under this Agreement, and to direct them to return to work. Section 5.4. During the term of this Agreement, the City will not instigate a lockout over a dispute with the Union so long as there is no breach of this Article. ARTICLE 6 -HOURS OF WORK Section 6.1. -Work Schedule: Normal Work Week: A normal workweek shall consist of forty(40)working hours in a consecutive seven(7) day period, which shall coincide with the depailment's calendar week, which shall commence on Monday, at 12:01 a.m. The workweek for employees on a 9-80 shall begin in the mid-point of the eight(8)hour shift. Work Schedules: Each bargaining unit member shall be assigned to a regular work schedule or a variable work schedule at the time the employee is hired. A schedule consists of the days of the week and the hours of the day that the employee works. Regular Work Schedule: A regular work schedule has a fixed starting and quitting time. For full time employees, it consists of: • Eight(8)hours per day on the basis of a five (5) consecutive day work week, or • Ten(10)hours per day on the basis of a four(4) consecutive day work week. • 9-80 work schedule shall be a two (2)week schedule consisting of one week based on four(4)nine (9) hour days and one (1) eight(8) hour day and the other week consisting of four(4)nine (9)hour days followed by one (1) day off. Lake Oswego Municipal Employees'Association(LOMEA) 7 Collective Bargaining Agreement July 1,2018—June 30,2021 For purposes of computing overtime the workweek for employees on a 5-8 or 4-10 hour work schedule shall coincide with the City's calendar week, which shall commence on Monday, at 12:01 a.m. The workweek for employees on a 9-80 shall begin at the mid-point of the eight (8) hour shift. For part-time employees a regular work schedule consists of a minimum average of twenty(20) hours per week on the basis of a five (5) consecutive day work week. Variable Work Schedule: A variable work schedule is a work schedule that permits variable starting and quitting times during the work week and, by mutual consent, may vary consecutive work days,but which does not exceed forty(40)hours in a work week. Variable work schedules are voluntary for both the City and the employee and must be authorized in advance by the supervisor. Part-time employees may also work a variable schedule. Flexible Hours: An employee and the City may agree to "flexing" an employee's work schedule on a temporary basis which is not the same as working a variable schedule. (See 7.2). Section 6.2. -Rest Periods: Employees will be granted a paid rest period of fifteen(15) minutes during each half(1/2) shift. In the event an employee is required to work after the end of a shift, he/she will be granted an additional rest period for each increment of four(4)hours worked or major portion of four(4) hours worked, i.e. one additional rest period if they work more than ten(10)hours and one minute and a second additional rest period if they work more than fourteen(14) hours and one minute. Rest periods shall be scheduled by the City in accordance with specific operating requirements of each employee's duties, but must generally be taken near the middle of each half(1/2) shift or each increment of four(4)hours worked after completion of a shift. Rest periods will be considered paid working time. Section 6.3. -Meal Periods: Employees shall be granted either a thirty(30) or sixty(60) minute unpaid meal period during the middle of each work shift. An additional unpaid meal period of either thirty (30) or sixty(60) minutes will be granted to employees who are required to work fourteen (14) hours and one minute. Meal periods shall not be considered working time. Employees may adjust their meal period with supervisory approval. Employees who are required to work during their meal period shall be paid for such time or their shift may be reduced by a corresponding amount upon mutual agreement of the employee and the City. Section 6.4. -Posting Schedules and Shifts: Work schedules and shifts shall be posted on bulletin boards within the work area of affected employees in the Library and Water Treatment Plant. Section 6.5. - Changing Established Schedules: Both the employee and his/her supervisor shall mutually agree to a regular work schedule. The supervisor will not unreasonably withhold approval of requests to change the regular work schedule to one of the above options. The City reserves the right to determine the work schedule based on the needs of the City and the services to the public. Established work schedules as defined in Section 6.1 may only be changed after thirty(30) days written notice to affected employee(s). Upon mutual agreement of the employee and his/her supervisor, this notice period may be shorter. Lake Oswego Municipal Employees'Association(LOMEA) 8 Collective Bargaining Agreement July 1,2018—June 30,2021 When an employee has worked sixteen(16) or more hours during a twenty-four(24)hour period starting at the beginning of his/her regular work shift, the City may mandatorily relieve that employee from working part, or all, of his/her next regular work shift, as deemed necessary for safety related reasons,without advance notice. Section 6.6. -Inclement Weather/Emergency Shift Change: On or before October 15th of each year, the City shall establish and post a twenty-four(24)hour work schedule for inclement weather for Public Works and Parks Maintenance employees. It will be a one (1)year schedule that is updated annually with employee input and consideration to vacations and/or other commitments. The City may adjust the schedule throughout the year as needed due to operational needs. The City may implement the inclement work schedule when deemed necessary. Essential employees in Public Works, Parks Maintenance, and at the Water Treatment Plant who are required to stay at work when the City Manager has closed City Hall to non-essential employees due to inclement weather will receive a total of three (3)hours at the straight time rate per incident. This provision shall also apply to employees who work the "second shift" or"third shift" at the Water Treatment Plant, and Public Works and Parks Maintenance employees who are sent home due to implementation of a twenty-four(24)hour work schedule and non-essential employees who are specifically required by their supervisor to report to work. Section 6.7. -Water Treatment Plant Schedules and Shifts: In applying the terms of this Article, work schedule for operators at the Water Treatment Plant has the following definitions: "Schedule"refers to the days of the week the operator is assigned to work. "Shift"refers to the daily hours an employee is assigned to work. o "First Shift" is the day shift, which starts in the morning. o "Second Shift"begins during the afternoon o "Third Shift"follows the second shift and is only used when the Water Treatment Plant is on a five day, eight hour shift schedule. If the City temporarily changes an operator's normal work shift or schedule with less than seven (7) calendar days' notice, the City will pay overtime for the first two (2) days of the changed shift or schedule. If the City temporarily changes an operator's normal work schedule such that it splits or changes the operator's normal days off at the time of the schedule change, the City will pay overtime for the first two (2) days of the changed shift or schedule, regardless of whether seven(7) calendar days' notice was given. Section 6.8.—Filling Open Shifts within Divisions in the Library: Open established shifts shall be available to part-time bargaining unit employees who work in positions in the same Lake Oswego Municipal Employees'Association(LOMEA) 9 Collective Bargaining Agreement July 1,2018—June 30,2021 classification series in that division of the Library based on seniority, subject to the conditions described below. The part-time employee's established schedule must remain less than forty(40)hours per week and there must be no increase in the FTEs for that division of the Library. If an established shift is open, the City will notify all represented part-time employees in that division and classification series via email of the open shift. Part-time employees will have five (5)business days from the date of the email notice to reply via email. If more than one part-time employee submits a request, the employee with the most seniority will be given the shift. The City may, however, deny an employee's request based on operational need or budgetary considerations. ARTICLE 7 - OVERTIME Section 7.1. - Overtime Rate of Pay: Employees will receive overtime as follows: • Employees assigned to a five (5) day eight(8)hour schedule shall be compensated at a rate of pay of time and one-half(1-1/2) for work performed in excess of eight(8) hours per day. • Employees assigned to a four(4) day ten (10)hour work schedule shall be compensated at a rate of pay of time and one-half(1-1/2) for work performed in excess of ten (10) hours per day. • Employees assigned to a 9-80 work schedule shall be compensated at a rate of pay of time and one-half(1-1/2) for work performed in excess of nine (9) hours on days scheduled to work nine (9)hours, or for work performed in excess of eight(8)hours on the day scheduled to work eight(8)hours. • When an employee works more than forty(40)hours in a work week. Shift differential shall be included in the computation of overtime when overtime is worked within the same work week as the applicable shift work. Overtime shall be computed to the nearest fifteen (15) minute period. All overtime must be approved in advance by the City, unless advance approval cannot be obtained due to emergencies or other urgent operational needs. Section 7.2. -Flexing Hours: An employee who works in excess of his/her regularly scheduled hours of work on any given day may, with the approval of his/her supervisor, waive the daily overtime pay and flex the remaining hours worked during the workweek so that the employee is not working more than forty (40) hours during the workweek. Time off in lieu of overtime pay shall be at the straight time rate if taken within the workweek (i.e., "flextime")regardless of the designated schedule. All time off in lieu of overtime pay, i.e. compensatory time and flextime, must be approved in advance by the employee's supervisor. Lake Oswego Municipal Employees'Association(LOMEA) 10 Collective Bargaining Agreement July 1,2018—June 30,2021 Section 7.3. -Variable Work Schedules: Employees assigned a variable work schedule under the terms of Article 6.1 shall be compensated at a rate of pay of time and one-half(1 1/2) for all work performed in excess of forty (40) hours in a work week. Section 7.4. - `Hours Worked': For the purposes of determining hours worked, vacation, sick leave, compensatory time and holidays shall be considered as hours worked. Military leave shall not be considered as hours worked pursuant to the Fair Labor Standards Act. Section 7.5. - Compensatory Time In Lieu of Overtime Pay: All overtime worked shall be paid or the employee shall receive compensatory time. In the case of compensatory time, the following shall apply: At the discretion of the employee, overtime may be compensated by granting the accrual of compensatory time in lieu of overtime pay. Compensatory time in lieu of overtime pay shall accrue at the rate of time and one-half(1 1/2) for overtime work. Employees may accrue a maximum of eighty(80) hours compensatory time. Eligible employees at the Water Treatment Plant may accrue a maximum of eighty (80)hours compensatory time, exclusive of compensatory time in lieu of holidays. In exigent circumstances, the Human Resources Director has the discretion to temporarily(up to twelve months) increase the maximum accrual cap of eighty(80)hours of compensatory time. Compensatory time off shall be taken by mutual consent and as approved by the Department Director, or employee's supervisor, consistent with the needs of the City. Section 7.6. - Call-Back: An employee who is released from work and called back to perform emergency work shall receive a minimum of three (3) hours'pay at the overtime rate unless the time is within two (2) hours prior to the regular starting time; in which case, the employee shall be paid at the overtime rate for actual time worked and will continue to be paid the overtime rate until the emergency work is finished or their regular shift starts. Overtime shall be paid for call- backs exclusive of Section 7.4 regarding working hours. This minimum shall not apply more than once when an employee is paged or called back more than once within a three (3)hour period. ARTICLE 8 - SPECIAL PAY Section 8.1.—Standby: Whenever an employee who works in the Public Works Department or the Water Treatment Plant is required to be available to receive emergency phone calls during the evenings and/or weekends outside their normal working hours for one week consecutively, the employee will be entitled to standby pay. Employees required to be on standby for a consecutive seven (7) day period shall receive twelve (12) hours of standby pay or eight(8) hours of comp time at the straight time rate at the employee's discretion. Employees required to be on standby for a period which includes a holiday shall receive twelve (12) hours additional standby pay. Standby pay is intended to cover all time spent on the phone responding to requests for service. No overtime shall be paid unless the employee is required to return to work. Lake Oswego Municipal Employees'Association(LOMEA) 11 Collective Bargaining Agreement July 1,2018—June 30,2021 Employees at their option shall be allowed to trade standby duty with another employee on the standby list. Management will be notified in advance and it will be documented on the schedule. Except as stated below, once standby is approved,the employee taking the standby is responsible for ensuring it is filled. If an employee cannot take the standby shift after they commit to it, they are responsible for finding their replacement and obtaining management approval. Employees will not be responsible for finding their replacement when they are unable to perform standby duty for a reason covered by the Oregon Sick Leave statute or other applicable law. However, when the employee's inability to take the standby is covered by such laws, the employee must promptly notify their immediate supervisor of his/her inability to perform the standby and the immediate supervisor will assign an employee, take the standby shift, or ask the Public Works Director or Water Treatment Plant Manager to assign it to another supervisor, to take all or part of the standby week. Likewise, if the assigned employee is on light duty and not able to safely perform the essential standby duties, the immediate supervisor will assign an employee, take the standby shift, or as the Public Works Director or Water Treatment Plant Manager to assign it to another supervisor, to take all or part of the standby week. If a standby week is split the twelve (12) hours of standby pay will be prorated accordingly. Employees at the Water Treatment Plant at their option shall be allowed to forfeit,to another employee on the standby list, up to two (2) standby shifts per calendar year. Water Treatment Plant employees can only take up to an additional four(4) standby shifts per calendar year. Management will be notified in advance and it will be documented on the schedule. The standby schedule will be a one year schedule that is updated annually with employee input and consideration to vacations and/or other commitments. The City may adjust the schedule throughout the year as needed due to operational needs. However, any adjustment shall be done with as little disruption to the schedule as possible. This schedule shall be posted in accordance with Section 6.4—Posting Schedules. Section 8.2.—Shift Differential for Water Treatment Plant Operators: Water Treatment Plant Schedules are defined in Section 6.7. Water Treatment Plant Operators working the first shift will not be paid shift differential. Operators working the second shift, after any overlap period with the first shift, shall be paid an additional 4%per hour. Third shift operators shall be paid an additional 5%per hour. Section 8.3.—Show Up Pay for Public Works Department Employees: An employee working in the Public Works Department who is scheduled for work, reports for work and is required by his or her supervisor to leave work prior to the beginning of his or her shift shall be paid the equivalent of three (3)hours pay at time and one-half. When such an employee actually begins his/her scheduled shift and is sent home prior to the end of the shift, the employee shall be paid for the remainder of the scheduled shift. Lake Oswego Municipal Employees'Association(LOMEA) 12 Collective Bargaining Agreement July 1,2018—June 30,2021 ARTICLE 9—WAGES Section 9.1. Effective July 1, 2018 and for subsequent years of the Agreement, wages shall be as follows: A. For the period July 1, 2018 through June 30, 2019 wages shall be increased by 4%. In order to be eligible for retroactive wages or other benefits, an employee must be employed on the date the Agreement becomes effective, i.e. the date the Agreement is ratified by the bargaining unit and approved by City Council, whichever occurs later. B. For the period July 1, 2019 through June 30, 2020 the wage increase shall be the yearly percentage change in the Western Region Size B-C Index for the period of time ending December 31, 2018 with a minimum of 2% and a maximum of 4%. The percent change is determined by comparing the change between December 31, 2017 and December 31, 2018 . The amount shall be carried to the first decimal point. The new wage scale shall be attached as Appendix A and made a part of this Agreement. C. For the period July 1, 2020 to June 30th, 2021 the wage increase shall be the yearly percentage change in the Western Region Size B-C Index for the period of time ending December 31, 2019 with a minimum of 2% and a maximum of 4%. The percentage change is determined by comparing the change between December 31, 2018 and December 31, 2019 . The amount shall be carried to the first decimal point. The new wage scale shall be attached as Appendix A and made a part of this Agreement. Section 9.2. The City shall continue to pay a six percent(6%) average employee contribution to the Public Employee Retirement Fund for the employee members then participating in the Public Employee Retirement System or the Oregon Public Service Retirement Plan. Such payment of employee member monthly contributions to the system shall continue for the life of this Agreement, and shall also be applicable to employees who first began to participate in the system on or after July 1, 1980 to the termination of this Agreement. The full amount of required employee contributions paid by the City on behalf of employees pursuant to this Agreement shall be considered as "salary"within the meaning of ORS 238.005(20) (5) for the purposes of computing an employee member's "final average salary"within the meaning of ORS 238.005(8); but shall not be considered as "salary" for the purposes of determining the amount of employee contributions required to be contributed pursuant to ORS 238.200 &238.440. Such paid employee contributions shall be credited to the employee accounts pursuant to ORS 238.205, and shall be considered to be employee contributions for the purposes of ORS 238.005 to 238.750. If the Oregon Public Employee Retirement System(PERS) statute is modified to end the employer"pick-up" of the employee contribution, the parties agree to enter into negotiations to determine a successor retirement benefit. Lake Oswego Municipal Employees'Association(LOMEA) 13 Collective Bargaining Agreement July 1,2018—June 30,2021 Section 9.3. - Salary Administration: An employee shall move from Step 1 to Step 2 (or the next higher step if hired at a step above step 1) after 180 days of employment and yearly thereafter through the steps of the salary range based on satisfactory performance. If an employee is denied a step increase due to unsatisfactory performance, the employee may grieve the denial through the grievance procedure pursuant to Article 22, to the City Manager or his/her designee, whose decision shall be final and binding. Section 9.4.—Incentive Pay: The pay plan incorporated into this Agreement is structured in such a manner as to include compensation for educational and certification accomplishments as these skills are related to the particular classifications. However, mechanics shall receive a maximum of$5.00 (Five Dollars)per month for each individual certificate issued by the National Institute for Automotive Excellence for the successful completion of tests concerning automobile mechanics. ARTICLE 10 -HOLIDAYS Section 10.1. Except as provided below, employees shall be entitled to the following paid holidays: 1. New Year's Day 7. Veteran's Day 2. Martin Luther King Day 8. Thanksgiving Day 3. President's Day 9. Friday Following Thanksgiving Day 4. Memorial Day 10. Four hours the second half of the work day on Christmas Eve (See Section 10.2) 5. Independence Day 11. Christmas Day 6. Labor Day 12. Four hours the second half of the work day on New Year's Eve (See Section 10.2) 13. Personal Holiday Holiday pay will be set at eight(8)hours. Employees who work ten(10) hours per day on the basis of a four(4) consecutive day workweek or any other schedule where the employee would normally work more than eight(8)hours on the holiday shall have the option of using vacation, compensatory time, leave without pay, or work extra hour(s)to offset this benefit. Regular part-time employee shall be entitled to holiday pay as per Appendix"C". Seasonal employees shall be entitled to the above holidays if so employed when the holiday occurs (see Appendix "C"). Section 10.2. When Christmas Eve or New Year's Eve falls on Monday through Friday and City Hall and/or other City facilities are closed early in observance of the half-holiday, employees who are scheduled to work during the half-day holiday shall be credited with four(4) hours of Holiday Pay. Employees who are required to work the full day will be paid for all hours worked and will be credited with four(4) hours of compensatory time in lieu of Holiday Pay. Regular part-time employees who are scheduled to work shall be credited with four(4) hours of Holiday Pay during the half-day holidays. Lake Oswego Municipal Employees'Association(LOMEA) 14 Collective Bargaining Agreement July 1,2018—June 30,2021 When Christmas Eve or New Year's Eve falls on Saturday or Sunday and the Library observes the half-day holiday, Library employees who are scheduled to work during the half-day holiday shall be credited with four(4)hours of Holiday Pay. Section 10.3. Except for the Library, when the recognized holiday falls on a Saturday, the holiday will be observed on the preceding Friday. When the recognized holiday falls on a Sunday, the holiday will be observed on the following Monday. For the Library, the holiday will be observed on the actual day. Section 10.4. When a full-time or seasonal employee is unable to observe a holiday because the holiday falls on the employee's day off, the employee shall receive eight(8) hours compensatory time at the straight time rate in lieu of the holiday off(see Appendix"C"). Section 10.5.—Holiday Pay: When a full-time or seasonal employee is called back or required to work on a recognized or observed holiday, the employee shall be compensated at the rate of two (2)times the normal rate of pay for actual time worked plus the regular holiday pay, except for those employees who receive holiday compensatory time in lieu of holidays as set forth in Article 10.5. If a part-time employee is called back or required to work on a recognized or observed holiday that they are not normally scheduled to work, they will be paid straight time for the hours worked,plus receive an equal number of hours of compensatory straight time (see Appendix «C„ Section 10.6. Employees assigned to the Water Treatment Plant shall accrue 9.7 hours of holiday compensatory time per month for each full month worked in lieu of paid holidays. For work that is less than a full month, holiday compensatory time in lieu of paid holidays shall be prorated to actual time worked. Holiday compensatory time may be accrued up to forty-eight (48) hours. Accrued time may be taken off at the mutual consent of the parties consistent with the needs of the City. If other City employees are granted four(4) hours Holiday Pay on Christmas Eve and New Year's Eve, Water Treatment Plant employees shall be granted four(4) hours compensatory time for each day. When a Water Treatment Plant employee is called back to work on a recognized holiday, the employee shall be compensated at the rate of two (2)times the normal rate of pay for actual time worked. Section 10.7. The "personal holiday" must be taken within the fiscal year. Personal holidays shall not accrue from one fiscal year to another. If an employee fails to take a personal holiday, it shall not be compensated. Accrued time may be taken off at the mutual consent of the parties, consistent with the needs of the City. With the exception of the Christmas Eve and New Year's Eve personal holiday time,part-time employees' personal holiday time shall be as follows: employees assigned to a 20—29 hours per week shift shall receive 50% of the amount of time received by a full-time employee; employees assigned to a 30—39 hours per week shift shall receive 75% of the amount of time received by a full-time employee. Lake Oswego Municipal Employees'Association(LOMEA) 15 Collective Bargaining Agreement July 1,2018—June 30,2021 ARTICLE 11 -VACATION Section 11.1. -Vacation Accrual—Represented Full Time Employees: Full-time employees shall accumulate vacation in the following manner: Hours of Vacation Weeks Days Max Years of Service Per Month Per Year Per Year Vacation Accrual (hrs) 0 through 3 8 2.4 12 192 4 through 9 11 3.3 16.5 264 10 through 15 14.33 4.2 21.50 343.92 16 through 19 15.66 4.8 23.50 375.84 20+ 16.67 5 25 400.08 Section 11.2. -Limitations: Full-time employees working less than a full month shall be credited a prorated amount of vacation. In no instance shall an employee accrue vacation time while he/she is on a leave of absence without pay. Full-time employees who have depleted their accumulated vacation time will not be eligible to receive vacation pay. Full-time employees may accumulate vacation time to a maximum of two (2) times their yearly accrual. Part-time employees may accumulate vacation time to a maximum of two (2) times what a full-time employee with their years of service would accrue. Employees may cash out up to forty(40) hours of accrued vacation time four(4) times per fiscal year with the approval of the Department Director. Regular, full-time employees are required to take forty(40)hours vacation annually. The forty (40) hours do not have to be taken consecutively. This requirement may be waived upon request of an employee for extenuating circumstances at the discretion of the Human Resources Department. Vacation time off must be approved in advance by the Department Director or his/her designee, unless there are exigent circumstances. Section 11.3. -Vacation Reduction: When an employee exceeds the maximum allowable vacation (two times yearly accrual), the City on a monthly basis, shall contribute the value of the excess vacation time into the employee's VEBA account. Section 11.4. -Vacation Accrual—Represented Part-Time and Seasonal Employees: Seasonal employees shall accrue vacation time at the full time rate while so employed. Regular part-time employees shall accrue prorated vacation benefits based on the years of service as set forth in Section 11.1 above. Such prorated benefits will be calculated in six (6) month intervals, as described in Section 16.4. The date of original hire into a position represented by the Union shall be used for calculating accrual rates. Represented part-time and seasonal employees who have depleted their accumulated vacation time will not be eligible to receive vacation pay. Section 11.5. - Converting Accrued Sick Leave to Vacation Leave: See 12.6 under Sick Leave. Lake Oswego Municipal Employees'Association(LOMEA) 16 Collective Bargaining Agreement July 1,2018—June 30,2021 Section 11.6. -Donating Vacation to Another Employee's Sick Leave Account: See Article 12.4 under Sick Leave. ARTICLE 12 - SICK LEAVE Section 12.1. - Sick Leave Accrual for Represented Full Time Employees: Sick leave shall be earned by each regular full-time employee at the rate of eight(8) hours for each full month of service. Employees shall be credited a prorated amount of sick leave for work less than a full month. Sick leave may be accumulated to a total of not more than one-thousand eighty hours (1080). Accumulated sick leave beyond one-thousand eighty hours (1080) shall be transferred to the employee's VEBA account on a monthly basis. Section 12.2. - Sick Leave Accrual for Represented Part-Time and Seasonal Employees: Seasonal employees shall accrue sick leave time at the full time rate while so employed. Part- time employees shall accrue sick leave on a prorated basis in six (6)month intervals, as described in Section 16.4. Section 12.3. -Using Sick Leave: Employees may utilize their sick leave for the following purposes: A. When the employee is unable to perform their work duties by reason of an off-the- job illness or injury, necessity for dental or medical care, or exposure to contagious disease under circumstances which the health of the employee with whom associated or members of the public necessarily dealt with would be endangered by attendance on duty. B. When an employee is unable to perform their work duties by reason of an on-the- job injury or occupational illness, set forth in Article 14. C. An employee may utilize their sick leave allowance by reason of illness or injury in the immediate family of the employee when the employee's attendance is required to care for the immediate family member. "Immediate family" is defined as mother, father, spouse, domestic partner, sister, brother, children(including foster or court appointed children), step children, grandparents, grandchildren, and in-laws or other relatives residing in the employee's household which requires the employee's absence from work. For purposes of this Article, where sick leave benefits are extended to "spouses", a domestic partner as defined in Section 16.6 shall be considered a spouse, and immediate family members of a domestic partner shall be considered a spouse's immediate family members, as required by applicable law. A charge shall be made against sick leave credits for time absent from work only. D. For other OFLA qualifying absences and/or leave covered by Oregon's Sick Leave Law. Lake Oswego Municipal Employees'Association(LOMEA) 17 Collective Bargaining Agreement July 1,2018—June 30,2021 Represented part-time employees who work an average of twenty (20) or more hours per week will be eligible to use sick leave for OFLA and Oregon Sick Leave Law qualifying absences. An employee may utilize his sick leave or vacation account until such time as the employee is eligible to receive disability insurance payments under PERS or the City's long term disability insurance policy. A charge against the employee's sick leave or vacation account shall be made on a prorated basis and in proportion to the pay received from the City. All sick leave payments shall cease upon the depletion of the employee's sick leave account. Employees who have depleted their accumulated sick time shall draw from their vacation, personal holiday, and/or compensatory time banks to receive pay for absences that occur after their sick leave accounts are depleted, unless they are part-time employees working an average of twenty (20) or more hours per week or are on OFLA and/or FMLA leave. Section 12.4.—Sick Leave Verification: All sick leave must be approved by the supervisor. Approval may be withheld pending certification of the attending physician or practitioner or other acceptable verification that such illness or injury prevents the employee from working or his/her attendance is necessary to care of an ill or injured immediate family member under the following conditions: A. Whenever the employee's absence exceeds three (3) consecutive workdays; or B. Whenever the City can articulate facts giving rise to a good faith concern that misuse of sick leave has occurred(i.e. questionable pattern of usage; calling in on a previously denied day off; etc.),provided the employee has been notified of such facts and has been given the opportunity to address the concern before certification is required. The City will reimburse employees for the cost charged for obtaining medical verification, including wages for time spent obtaining verification. However, it is understood and agreed that employees will obtain verification via email, mail or facsimile, whenever possible. No compensation for accrued sick leave shall be allowed to any employee upon separation from employment. Sick leave shall not accrue during any period of leave of absence without pay. Abuse of sick leave shall be cause for disciplinary action. Upon retirement of an employee, and as allowed under Oregon law, the City will report any unused sick leave hours to PERS for use in determining final average salary retirement calculations. Section 12.5. -Donated Leave Bank: An employee may donate up to forty(40) hours of their accrued vacation, compensatory or personal holiday time per calendar year to a donated leave bank administered by Human Resources for use by other employees who have exhausted their sick leave and other paid leave accounts due to illness, injury or other medical conditions. Employees donating vacation, compensatory or personal holiday time to the City's donated leave Lake Oswego Municipal Employees'Association(LOMEA) 18 Collective Bargaining Agreement July 1,2018—June 30,2021 bank must maintain a minimum of forty (40)hours in their vacation bank. Donating time shall not be used to extend employment. To be eligible to apply for donated leave, an employee must have a serious illness, injury or medical condition or be caring for a family member with a serious illness, injury or medical condition that requires a prolonged absence from work and must not be receiving or eligible to receive social security disability or long term disability benefits. Applications for donated leave must be made to Human Resources, in writing, and must describe the serious illness, injury or medical condition necessitating the leave. All applications for donated leave must be approved by Human Resources. Employees who are seeking donations may apply and obtain approval to receive donated leave before they deplete their paid leave banks. The employee's donation to the bank will be converted to money based on the donator's hourly rate. When a request for a donation is approved by Human Resources, the money is paid out at the receiving employee's current rate of pay. Section 12.6. - Converting Accrued Sick Leave to Vacation Leave: Represented full time employees who have a minimum of forty (40) hours in their sick leave bank and represented part-time employees who have a minimum of twenty(20) hours in their sick leave bank who do not use an unscheduled absence during any consecutive three (3)month period shall be entitled to convert accrued sick leave to vacation leave as follows: A. Represented full-time employees shall be entitled to convert up to eight(8)hours of accrued sick leave to the same number of hours of vacation leave. B. Represented part-time employees who work an average of twenty (20) to twenty- nine (29)hours shall be entitled to convert up to four(4)hours of accrued sick leave to the same number of hours of vacation leave. C. Represented part-time employees who work an average of thirty(30) to thirty- nine (39)hours shall be entitled to convert up to six (6)hours of accrued sick leave to the same number of hours of vacation leave. To be eligible for a conversion, eligible employees must submit their signed Sick Leave Conversion Request forms to payroll no later than the thirty (30) calendar days following the end of the three (3)month period for which they are seeking conversion. Sick leave conversion rights do not apply to eight (8) month seasonal employees covered by the Agreement or employees serving their initial probationary period. Except for the use of OFLA/FMLA leave, and the first forty (40) hours of sick leave protected annually under Oregon's Sick Leave Law, any use of unscheduled absences from work, including absences for doctor's appointments, school appointments, funerals, etc., makes an employee ineligible to make the conversion for the period in which the leave occurs. Unscheduled absence is defined as an absence for which the employee has either failed to report to work or remain at work as scheduled, without a written leave request having been submitted at least two (2)weeks in advance of the requested absence. Lake Oswego Municipal Employees'Association(LOMEA) 19 Collective Bargaining Agreement July 1,2018—June 30,2021 ARTICLE 13 -LEAVES OF ABSENCE Section 13.1. The City will comply with the federal Family Medical Leave Act(FMLA) and the Oregon Family Leave Act(OFLA), and Oregon Sick Leave Law. An employee may utilize sick leave benefits for family leave as set forth in Article 12- Sick Leave, or any accrued compensatory time, vacation time or personal holiday time after the depletion of sick leave. The City will not require the employee to take accrued leave during family leave. Employees who return to work from FMLA or OFLA leave are entitled to be restored to the position of employment they held when their leave commenced if that position still exists, without regard to whether the City filled the position with a replacement worker during the period of leave. If the position held by the employee at the time family leave commenced no longer exists, the employee is entitled to be restored to any available equivalent position with equivalent employment benefits,pay and other terms and conditions of employment consistent with applicable law. Section 13.2.—Bereavement Leave: In the event of a death in the employee's immediate family as defined below, the employee may take up to a maximum of forty(40)hours leave per occurrence. Approval of the specific amount of leave time shall depend upon: 1)the distance needed to travel to attend the funeral; 2)whether or not the employee is responsible for making funeral arrangements; and 3) any other related factors. Bereavement leave shall not be charged to the employee's sick leave account. For the purposes of bereavement leave only, "immediate family" shall include those individuals listed as "immediate family" in Section 12.3, the employee's step relatives and the grandparents and grandchildren of both the employee and the employee's spouse or domestic partner. An employee may request bereavement leave for any other individuals but the granting of that request will be at the discretion of the Human Resources Director. Employees may also use sick leave for absences from work for the death of a covered family member, consistent with OFLA. Section 13.3. Military leave shall be granted in accordance with applicable state and federal law. Section 13.4. Educational leave may be granted up to nine (9) months without pay to attend school on a full time basis at the sole discretion of the Department Director. Prior to educational leave, the City may require the employee to exhaust all available paid leave time except sick leave. Section 13.5. Other leaves may be granted up to six (6)months without pay for purposes other than outside employment at the sole discretion of the Department Director. The City may require the employee to exhaust all available paid leave time prior to the unpaid leave except sick leave. Section 13.6. When an employee is called for jury duty or is subpoenaed as a witness as a result of his/her official employment duties with the City, he/she will be continued at full salary for the Lake Oswego Municipal Employees'Association(LOMEA) 20 Collective Bargaining Agreement July 1,2018—June 30,2021 period of service required. All monies received as witness fees or pay for jury duty must be signed over to the City when compensation is received. Section 13.7. Insurance benefits may be continued by an employee while on non-FMLA approved, unpaid leave of absence provided the employee elects COBRA coverage and makes timely advance payment of the premiums for the duration of the leave or to the maximum allowed by COBRA. Failure to make the advance premium will result in a lapse of coverage until the employee returns to paid employment. Section 13.8. In the event of emergency closure of City facilities due to inclement weather or natural or human caused disasters (e.g., flood, earthquake, volcano, terrorism), when non- essential employees are prohibited from coming to or remaining at work(i.e., their supervisor requires them to go home), the City shall pay affected employees for time missed during their regular work schedule at their regular rate of pay for up to three (3) days. Payment will not be made to employees for periods of pre-approved vacation that fall within this three (3) day period. In the absence of an emergency closure, if non-essential employees decide that such conditions prevent them from coming to work or causes them to leave early, employees can use paid leave time, including vacation, comp time,personal time or up to three (3) days leave without pay per incident. Essential employees who have been granted specific permission by their supervisor to be excused from reporting to work during periods of inclement weather or natural or human caused disaster can also use paid leave time or leave without pay for up to three (3) days per incident. ARTICLE 14 -WORKER'S COMPENSATION Section 14.1. If eligible for time loss due to an on-the-job injury or occupational illness, the employee will keep their time loss check. Employees will receive their regular paycheck (including any scheduled overtime) and benefits for the period they are receiving time loss payments. However, any time loss payments will be deducted from the employee's paycheck and adjusted in the next available payroll cycle, or subsequent paychecks if the employee's paycheck is insufficient to permit recovery. No sick leave will be deducted from the employee's accruals for one-hundred and eighty(180) calendar days following the first day of absence due to the on-the-job injury or occupational illness or aggravation of any such injury or illness. The employee shall continue to accrue all benefits including sick leave, vacation accrual, and health insurance. PERS will not be paid on any workers compensation wages. Section 14.2. After the one-hundred and eighty(180) calendar days, employees shall use available sick leave payments in order to receive their regular gross wages. However, an employee's sick leave bank account shall be charged for only the difference between the employee's time loss payments and his/her regular gross wages. Lake Oswego Municipal Employees'Association(LOMEA) 21 Collective Bargaining Agreement July 1,2018—June 30,2021 In the event an employee's time loss benefits end,but he/she is unable to return to work, that employee may utilize full sick leave benefits in order to receive his/her regular gross wages. In the event an employee's sick leave benefits are depleted, that employee shall use available compensatory time and vacation pay to receive their regular gross wages. In the event an employee does not specify whether he/she prefers to utilize compensatory time or vacation pay, compensatory time will be used first, then vacation pay. The City shall not reduce the amount of family leave available to an employee eligible for leave under the Oregon Family Leave Act(OFLA) for any period the employee is unable to work because of a disabling compensable injury consistent with applicable law. Section 14.3. If an employee's workers' compensation claim is disputed, the employee will be eligible to exercise the same options as outlined in Section 14.1, while the claim is in disputed status. In the event the employee's injury or illness is determined to be non-compensable at any point in the workers' compensation process, whether by the City's workers' compensation carrier or through a workers' compensation proceeding, the employee shall, from that date,be treated as though he/she suffered a non-compensable injury or illness and shall be eligible to draw full available sick leave benefits. If the employee's sick leave benefits are depleted, the employee shall use available compensatory time and vacation pay. In the event an employee does not specify whether he/she prefers to utilize compensatory time or vacation pay, compensatory time will be utilized first, then vacation pay. Section 14.4. In the event there is a final decision issued through the Workers' Compensation Board or Oregon courts, reversing a previous determination that an employee's injury or illness was or was not compensable, the employee's sick leave and other paid leave accounts will be adjusted to reflect what he/she should have received in sick leave and other benefits pursuant to Section 14.1, above. Any such adjustment will not, however, permit an employee to receive the restoration of sick leave or other paid leave benefits for any portion of an employee's time off for which he/she was receiving time loss or disability insurance benefits. If the employee's sick leave and other paid leave accounts are insufficient to allow the City to adjust for overpayments, the employee's sick leave account will be adjusted to reflect a negative balance. The City will not, however, reflect a negative balance in the employee's other paid leave accounts or deduct from the employee's subsequent paychecks to adjust for overpayments. Section 14.5. In the event that the procedure set forth in this Article is found to be in violation of state statute or other law, the City and Union agree to re-open this Article for negotiation. Section 14.6. Employees who are granted light duty assignments, as well as employees who are working in their regular positions, while recovering from Workers' Compensation injuries or illnesses will receive paid time off for absences from work that are attributable to such injuries or illnesses (i.e. doctor's appointments,physical therapy sessions, etc.) for a period of six (6) months from date of original injury. After six(6)months, employees must utilize sick leave benefits for such absences. Lake Oswego Municipal Employees'Association(LOMEA) 22 Collective Bargaining Agreement July 1,2018—June 30,2021 ARTICLE 15 -LAYOFF Section 15.1. The City may lay off employees for lack of work,reorganization, changes in staffing, shortage of funds or business necessity. Layoff shall be by job classification within a division or, for those departments that do not have separate divisions, by job classification within a department. The City will determine the staffing level (number of full time, part-time and represented seasonal positions) and the classification of those positions. Once the staffing level is determined, employees in the job classification(s) selected shall be laid off based upon their qualifications, skills and abilities to perform the work. In instances where two (2) or more employees' skills, abilities, and qualifications are relatively equal, seniority shall be the determining factor. Provided, however, that the following order of layoff within such classifications shall occur: temporary; probationary part-time; probationary full-time; seasonal; regular part-time; and regular full time. Section 15.2. -Definition of Seniority: Seniority is defined as set forth in Article 19—Probation and Seniority. For the purpose of Article 15,part-time employees and represented seasonal employees shall have their seniority pro-rated based on their average hours worked during the thirty-six(36) months preceding date of layoff multiplied by years of service from last date of hire. If two (2) employees have the same bargaining unit seniority date, then seniority is determined by date of employment with the City. Section 15.3. -Notice to the Union: At least fourteen(14) calendar days prior to notice of layoff, the City shall provide the Union written notice of its intent to lay off employee(s). The notice will include the job classification(s); the names of the employee(s) in those job classifications who have been tentatively selected for layoff; the category of employment of those employee(s) (regular full-time, regular part-time, seasonal) and a seniority list by name,job classification and category. If the Union desires to discuss possible options to the pending layoff or question the selection of the employee(s) tentatively selected for layoff, it shall notify the City to schedule a meeting within seven(7) calendar days of receipt of notice of layoff. Both the notice and the discussions will be treated with confidentiality. The City shall discuss with the Union the criteria which shall be used to determine qualifications, skills, abilities and seniority of employees and the order of layoff. This discussion will include the possibility of transferring work being performed by temporary or on-call employees to employees identified for possible layoff. The City shall attempt in lieu of a layoff and upon agreement with the Union and the affected employee, to transfer or demote the employee scheduled for layoff to another position in the bargaining unit; the employee is qualified to perform the duties of the position; and the transfer or demotion does not displace another employee subject to the other provisions of this Article. In the event more than one employee scheduled for layoff possesses the required certifications, licenses, knowledge, skill and ability to perform the duties of the position, the position will be offered to the most senior employee. If at the end of a six (6)month probationary period, the City determines the employee has not successfully completed the probationary period, the employee shall be placed on the recall list. Lake Oswego Municipal Employees'Association(LOMEA) 23 Collective Bargaining Agreement July 1,2018—June 30,2021 Section 15.4. -Notices of Layoff to Employees: An employee who is selected for layoff shall be given written notice of a pending layoff at least forty-five (45) calendar days before the effective date of the layoff. An employee who is laid off as the result of bumping by another bargaining unit employee will be given written notice of pending layoff at least thirty(30) calendar days before the effective date of the layoff. The City may, however, with agreement from an employee who has received notice, elect to pay an employee for the regular hours he/she would have worked during the forty-five (45) or thirty(30) day period in lieu of requiring the employee to work during that period. The layoff notice shall advise the employee of available options as described in Section 15.5 and shall include a list of all positions the employee may potentially be qualified to bump into. Section 15.5. -Employee Options: Employees who receive layoff notices shall have the following options: A. Accept the layoff. B. Exercise their bumping rights as set forth in Section 15.6. Section 15.6. -Bumping Rights: An employee notified of layoff may bump an employee with lower seniority in the same job classification. If no other position in the employee's classification is available, the employee may bump an employee with lower seniority in the same pay grade or lower pay grade, provided he/she possesses the required certifications, licenses, knowledge, skill and ability to perform that job. No part-time or seasonal employee may bump a full-time employee. An employee notified of layoff must exercise his/her bumping rights in writing to the Human Resources Department within seven(7)business days of receipt of the layoff notice. In the event the employee wants to exercise his/her bumping rights and has timely notified the Human Resources Department,but does not identify which position he/she wishes to bump into, the least senior person in the classification shall be the person bumped. Employees will be given six (6)months from the date of placement to obtain the required certifications and licenses for the position. If an employee is unable to obtain the certifications and licenses within this period, then the employee shall be laid off and shall be placed on the recall list. Employees who bump into a classification they have previously held are presumed to possess the required knowledge, skills and abilities to perform that job. An employee who bumps into a new position due to layoff is eligible to move back to his/her former position should it become available within twenty-four(24) months after the effective date of his/her layoff. The right to bump back into a former position will be granted before other employees are granted recall rights to that position. Full-time employees may bump full-time and part-time employees with less seniority. Part-time employees may bump only part-time employees with less seniority and seasonal employees may bump only seasonal employees with less seniority. Lake Oswego Municipal Employees'Association(LOMEA) 24 Collective Bargaining Agreement July 1,2018—June 30,2021 Section 15.7. -Recall Rights: Bargaining unit employees who have been laid off will be placed on a recall list in the inverse order of seniority for a period of twenty-four(24)months from the date of layoff. Regular full-time employees shall have recall rights to the full-time job classification they held at the time of layoff or upon request, to: A. A different full-time position in the same or lower pay grade; and/or B. A different part-time position in the same or lower pay grade. In order to be recalled to a different full-time and/or part-time position in the same or lower pay grade, an employee must possess the certifications, licenses, knowledge, skill and ability to perform the job. Laid off full-time employees must request to be recalled to a different full-time position and/or part-time position in the same or lower pay grade in writing to the Human Resources Director on a Recall Designation Form provided by the City before the effective date of their layoffs. If no Recall Designation Form is received by the Human Resources Director before the effective date of their layoffs, recall rights will be limited to the job classification the employee held at the time of the layoff. This includes a position that has been reclassified from the position they held at the time of layoff. Regular part-time employees and seasonal employees represented by the Union shall have recall rights to the part-time or seasonal classifications they held at the time of layoff or, upon request, to a different part-time or represented seasonal position in the same or lower pay grade, provided they have the certifications, licenses, knowledge, skill and ability to perform the job. Laid off part-time employees and seasonal represented employees must request to be recalled to a full- time position in writing to the Human Resources Director on a Recall Designation Form provided by the City,but will be recalled only after eligible full-time employees have been recalled first. Laid off part-time employees must also request to be recalled to full-time positions or other part-time or represented seasonal positions in the same or lower pay grade in writing to the Human Resources Director on a Recall Designation Form provided by the City before the effective date of their layoffs. If not Recall Designation Form is received by the Human Resources Director before the effective date of their layoffs, recall rights will be limited to the part-time or seasonal represented position the employee held at the time of layoff Employees will be given six (6)months from the date of placement to obtain the required certifications and licenses for the position. If the employee is unable to obtain the certifications and licenses within this period, then the employee shall be laid off and shall be placed on the recall list. Probationary employees shall have no recall rights. Recall rights shall continue for a period of twenty-four(24) months from date of layoff Recall shall be offered to those employees on the recall list for the job classifications for which they are qualified prior to hiring any new bargaining unit employee(s). Notice of recall shall be made by Certified Mail—Return Receipt Requested and regular mail. Employees shall be responsible for keeping the City informed of their correct address. Failure to Lake Oswego Municipal Employees'Association(LOMEA) 25 Collective Bargaining Agreement July 1,2018—June 30,2021 respond to such recall notice within thirty(30) calendar days of mailing, shall cause loss of recall rights and separation from employment. Recalled employees shall have two (2)weeks to report to work,unless mutually agreed otherwise. A laid off full-time, part-time or represented seasonal employee who is offered a job he/she designated as a job he/she would like to be recalled to on the Recall Designation Form and declines shall relinquish all recall rights except for the position that the person was originally laid off from. Employees who are recalled to a position they did not hold at the time of layoff will serve a six (6) month probationary period. If at the end of a six(6) month probationary period,the City determines the recalled employee has not successfully completed the probationary period, the employee shall be returned to the recall list for any portion of the twenty-four(24) months of recall rights remaining, minus the period of time recalled to City employment. An employee recalled to his/her former position will not be required to serve a probationary period. Employees who are recalled from layoff shall have the sick leave balance they had accumulated on the date of layoff restored and regular(non-probationary) employees shall be returned to work with their seniority restored for all purposes, i.e. salary step, vacation accrual, they would have advanced to had the employee not been laid off. Employees who were on initial probation at time of layoff and are voluntarily recalled by the City will be required to serve their remaining probationary time and, upon completion of probation, will be credited with their initial service for all purposes, i.e. salary step, vacation accrual, etc. Section 15.8. Employees who are laid off and exercise their right to continued medical benefits under COBRA will be placed on COBRA and have COBRA medical insurance benefits paid for by the City for six(6) months or until they are eligible for medical insurance from another source, whichever occurs first. The paid COBRA is limited to a total of six(6) months during a twenty-four(24) month recall period. It is the responsibility of laid off employees to promptly notify the Human Resource Department if they become eligible for medical insurance from another source and to verify when they became eligible for such benefits. Failure to do so will result in forfeiture of recall rights, unless waived by the City. ARTICLE 16 - EMPLOYEE INSURANCE BENEFITS Section 16.1. -Life, AD&D, and Disability Insurance: All eligible regular full-time, represented seasonal and represented part-time employees will be provided with Life, AD&D and Disability benefit coverage as follows: A. Disability Insurance: This plan shall provide long-term disability coverage $4,000/month or 60% of the employee's salary, whichever is less, after a ninety(90) day waiting period. Additional costs shall not be subject to payment by the City. Lake Oswego Municipal Employees'Association(LOMEA) 26 Collective Bargaining Agreement July 1,2018—June 30,2021 B. Life Insurance: This plan provides a term life insurance benefit in the amount of $25,000 and shall include an accidental death and dismemberment benefit. Section 16.2.—Medical,Dental,Vision, and Prescription Insurance: All eligible regular full- time, represented seasonal and represented part-time employees will be provided with the following medical, dental and vision insurance plan options: A. Medical Insurance Plans: The indemnification plan shall be substantially comparable to the medical insurance plan currently offered by the City through Pacific Source Health Plans and shall include limited chiropractic care and a $15.00 co-pay. Employees may, at their option, select the City's HMO plan offered through Kaiser Permanente. B. Dental Service Plans: The primary plan shall be substantially comparable to the Oregon Dental Service's "Incentive Dental Program,"which includes coverage for orthodontic, crown, and inlay services. Employees may, at their option, select Kaiser dental coverage regardless of whether they have Kaiser or PacificSource medical insurance. C. Vision Plan: This plan shall be substantially comparable to the VSP Vision Plan currently offered by the City. Employees who select the City's HMO plan will have vision coverage through Kaiser Permanente. Section 16.3. -Premium Cost Sharing: For regular full-time and represented seasonal employees the City will pay: • 91% of the tiered monthly premium cost of the medical insurance plan they have selected for fiscal year 2018-2019. • 90% of the tiered monthly premium cost of the medical insurance plan they have selected effective July 1, 2019. • 100% of the premium cost for the dental plan they have selected; and • 100% of the premium for the vision insurance plan, unless the employee is on the City's HMO plan. Represented seasonal employees shall be entitled to receive the same contribution for insurance benefits as full-time employees while employed. Section 16.4—Part-Time Employees Except as set forth below, the City shall provide represented part-time employees prorated medical, dental and vision insurance plan premiums as follows: For medical coverage, the City will pay a prorated amount of the selected medical plan premium,proportionate to the amount of hours worked compared to full-time employment. For employees selecting the City's HMO plan (currently Kaiser), the City shall provide a prorated amount of the City's service plan medical premium(currently PacificSource and VSP)to be applied to the medical HMO Plan premium, and the prorated dental plan premium selected by the employee, if any. Lake Oswego Municipal Employees'Association(LOMEA) 27 Collective Bargaining Agreement July 1,2018—June 30,2021 For dental coverage, the City will pay a prorated amount of the selected dental plan premium, proportionate to the amount of hours worked compared to full-time employment. To calculate the proration percentage, the City will compute the proportion of hours worked by the part-time employee compared to the hours of a full-time employee for the preceding six (6) month (January Pt through June 30th or July Pt through December 31st)period. For new hires or employees who otherwise become represented part-time employees during a six (6) month period, the contribution to be paid by the City will be based on the hours the employee is scheduled to work during that period. However, at the beginning of the next six(6) month period, the City's contributions will be based on the average number of hours the employee worked for each full month of employment completed during the preceding partial six (6) month period. If a represented part-time employee's regularly scheduled hours are changed on an on-going basis, the employee may submit a written request for a contribution adjustment to Human Resources. Adjustments will become effective at the beginning of the following month and be based on the hours the employee is scheduled to work for the remainder of that six (6) month period. For the purpose of this article, "hours worked" shall include the time an employee is absent from his/her regularly scheduled shift on vacation, holiday, sick leave, compensatory time, unpaid leave under FMLA/OFLA or approved leave of absence. The minimum percentage of premium costs for part-time employees shall be at least the same percentage as for full-time employees. Represented part-time employees who choose to participate in one (1) of the dental plans only, and do not select medical coverage, shall have 100% of their dental premium paid by the City. Employees will be responsible for the difference and will pay the monthly amount through a payroll deduction. In the event of non-payment or insufficient wages to cover the premium, an employee who is eligible for health insurance as described in this Article, must pay his/her share of the premium directly to the City. Section 16.5. - Continuation of Benefits: An employee will continue to receive medical, dental, vision, disability and life insurance benefits through the City's payment of its portion of the premium costs during the time they are: A. On paid status (hours worked or any paid leave) at least twenty(20)hours in the month or on FMLA or FMLA/OFLA leave, whichever is greater; or B. Off work due to a compensable on-the-job injury or occupational illness for a period up to one (1)year from the date of original injury or diagnosis, whether or not the employee has any accrued leave time,provided he/she has timely exercised COBRA rights. Lake Oswego Municipal Employees'Association(LOMEA) 28 Collective Bargaining Agreement July 1,2018—June 30,2021 Section 16.6. -Domestic Partners: For purposes of this Article, where insurance benefits are extended to "spouses", a domestic partner(e.g. a registered domestic partner or an individual who lives with an employee as a same-sex or opposite-sex partner, and has satisfied and maintained the requirements contained in an Affidavit of Domestic Partnership, and has submitted that Affidavit to Human Resources), shall be considered a spouse. Affidavits of Domestic Partnership are available through Human Resources. Children of domestic partners shall also be considered family members of an employee. In the event any of the City's insurance carriers changes its eligibility rules to restrict domestic partnership coverage, this Agreement will be automatically adjusted to conform with the carrier's eligibility rules. Affected employees and the Union will be notified of the change sixty (60) days prior to the change. In the event the Union demands to bargain over the impact of the change, the City will impact bargain in accordance with PECBA. The implementation of the change necessary to confirm with carrier eligibility rules will not, however, be delayed. Section 16.7. -Voluntary Employee Beneficiary Association (VEBA): The City will continue a Voluntary Employee Beneficiary Association(VEBA) for the employees covered by this Agreement. The City will continue to make contributions of$55.00 per employee per month into employee VEBA accounts. Effective July 1, 2019, when the medical plan moves to a 90/10 cost share, the VEBA contribution will increase to $65.00 per employee per month. ARTICLE 17-EDUCATION REIMBURSEMENT Section 17.1. Subject to a maximum of five thousand dollars ($5,000)per employee, per fiscal year, and the availability of funds, the City will reimburse employees at the rate of one hundred percent(100%) for the cost of books and tuition for any successfully completed academic course which is directly related to their assigned department or a mutually agreed upon career development plan. The course must have prior approval by the respective department head and must be completed with a 2.0 or "C" or better grade. Once such career development plan has been agreed upon by the Department Director, the City will not withhold reimbursement for any course required by such plan. Any books purchased and reimbursed by the City are to be returned to the City and shall be considered City property upon completion of the course. The City will attempt to budget funds to allow employees to utilize the provisions of this Article. Reimbursement is not available through the City if other compensation is available from other sources, such as the G.I. Bill, LEEP, or other similar programs. A further stipulation for any tuition reimbursement is that the benefited employee is required to continue employment with the City for a period of one (1) year after completion of the course(s) provided. Voluntary separation from the City,prior to this time period, will require that the employee reimburse the City the prorated portion of the amount received. The employee will be credited one-twelfth(1/12th) of the amount received for each month of completed service after completion of the course for which reimbursement was made (For example, an employee who has received educational reimbursement for a course, but completes only six (6) months of service following completion of that course will be responsible for reimbursing the City for one half(1/2) Lake Oswego Municipal Employees'Association(LOMEA) 29 Collective Bargaining Agreement July 1,2018—June 30,2021 of the reimbursement received.) The City may recover the reimbursement through deduction from the employee's final paycheck to the extent permitted by law. Section 17.2. -Licenses and Certifications: The City agrees to continue to pay license and certification fees and costs associated with those licenses and certifications incurred by employees. The licenses and certifications must be related to employment and approved by the supervisor. Employees are responsible for renewing and maintaining certificates they acquired as qualifications for the job they hold. If such a required certificate lapses solely because of an employee's action or inaction the employee shall be subject to discipline. ARTICLE 18 -UNIFORMS AND CLOTHING Section 18.1. The City agrees to provide full time and represented seasonal employees in the Public Works Department, excluding administrative staff who perform only desk functions, at Parks Maintenance, at the Water Treatment Plant, and any job classifications added at the discretion of the Department Director, the following clothing: A. New employees shall purchase pants and be provided new logoed shirts, vests, sweatshirts and/or other clothing not to exceed two-hundred and fifty dollars ($250) per fiscal year. The color and style of the uniform is at the discretion of the City. The employee shall maintain the uniform. Replacement uniforms may be purchased by the City or reimbursement provided to the employee based upon the condition of the clothing. Replacement costs shall not exceed two-hundred and fifty dollars ($250) annually per fiscal year(July 1 - June 30). B. Five (5)pairs of coveralls which are to be maintained by the City and replaced by the City when not serviceable. C. One (1)pair of safety boots (shoes) not to exceed an amount of two-hundred dollars ($200)per fiscal year. An employee, at the employee's option, may use part of his/her two-hundred and fifty dollar($250) clothing allowance towards the purchase of one or more pairs of safety boots. An employee may also use money not used on safety boots (shoes)to purchase work clothes. Safety boots or shoes will be replaced by the City when not serviceable,but not more than once per fiscal year. D. One (1) set of rain gear will be provided and maintained by the City. Rain gear will be replaced by the City when not serviceable. Lake Oswego Municipal Employees'Association(LOMEA) 30 Collective Bargaining Agreement July 1,2018—June 30,2021 E. One (1) heavyweight coat which is to be maintained by the employee and replaced by the City when not serviceable. The quality of the coat shall be mutually agreed to between the City and the Union. F. One (1)pair of insulated coveralls when requested which will be replaced at least every three (3)years. Insulated coveralls shall be cleaned by the City. G. When requested, the City shall provide heavy duty work gloves. H. Part-time employees shall be provided paragraphs #b, c, d and g. Section 18.2. The City agrees to provide employees, excluding administrative staff who perform only desk functions, in Engineering, Inspection Services, Code Enforcement, Facilities Maintenance, and any job classifications added at the discretion of the Department Director, the following items: A. One (1)pair of safety boots (shoes)not to exceed an amount two-hundred dollars ($200)per fiscal year. Safety boots or shoes will be replaced by the City when not serviceable, but not more than one (1) time per fiscal year. B. One (1) set of rain gear which will be provided and maintained by the City. Rain gear will be replaced by the City when not serviceable. C. One (1)heavyweight coat which is to be maintained by the employee and replaced by the City when not serviceable. The quality of the coat shall be mutually agreed to between the City and the Union. Section 18.3. All employees who are provided with uniforms or work clothing, as set forth above, are required to wear these uniforms and work clothing and report to work with them being clean and neat in appearance, unless this requirement is expressly waived by the employee's supervisor. Section 18.4. All clothing and uniforms provided in this article are considered City property and shall be returned to the City upon separation from employment, except for boots. Section 18.5. Employees who are regularly required to wear safety glasses, have a current prescription for corrective vision, and wear glasses shall be reimbursed up to two-hundred dollars ($200) for prescription safety glasses every two (2) years. ARTICLE 19 -PROBATION AND SENIORITY Section 19.1.—Initial Probationary Periods: Employees in regular positions covered by this Agreement will serve an initial probationary period of six (6)months of employment. The initial probationary period may be extended up to six (6)months with the mutual written agreement of the City and the Union. Written agreement may be confirmed via email exchange. The employee Lake Oswego Municipal Employees'Association(LOMEA) 31 Collective Bargaining Agreement July 1,2018—June 30,2021 shall be notified of any extension and the reasons for the extension. During this period, an employee may be discharged at the sole discretion of the City without reason or cause being shown and without recourse through the grievance procedure. Section 19.2.—Promotional and Transfer Probationary Periods: An employee, who has been promoted or transferred into another bargaining unit classification, shall serve a probationary period of six (6)months in that job classification. The City may waive this probationary period for transferred employees. If an employee fails to satisfactorily complete probation as determined by the City, he/she shall be returned to their former classification and rate of pay without reason or cause being shown and without recourse to the grievance procedure. A promoted or transferred probationary employee who has completed his/her probationary period under Article 19.1 shall not be discharged without just cause. Any employee bumped out of a position due to a promoted or transferred employee returning to their prior position will be laid off and not subject to the provisions under Article 15, but will have recall rights for a period of twenty-four(24) months should that same position become available. Recall rights are not extended to any other position. Section 19.3.An employee's seniority is determined by his/her length of continuous service in the bargaining unit since last date of hire in a position represented by the Union. Time spent in military leave,paid leaves, OFLA, FMLA leave, whether paid or unpaid, and duty-connected disability leave and worker's compensation leave shall be included in determining length of service. If two (2) employees have the same seniority date, seniority will be determined by the date of hire with the City. If two (2) employees have the same date of hire with the City, the selection will be determined by the flip of a coin. The employee with the first birthday of the year shall choose their side of the coin. Section 19.4.—Breaks in Seniority: An employee shall lose all seniority and the employment relationship will be severed if any of the following events occur: A. Voluntary resignation or retirement; B. Discharge of an employee who has completed probation for just cause or discharge of a probationary employee at will; C. Layoff or absence from work due to off-the-job illness or off-the-job injury for more than twenty-four(24)months; D. Failure to notify the City of intent to return to work pursuant to a recall notice or by declining recall as set forth in Article 15; E. Failure to report to work upon expiration of an authorized leave of absence or, in the case of an absence due to off or on-the-job injury or illness, failure to report for available work within seven (7) business days of receipt of notice of a limited or a full medical release to return to work; Lake Oswego Municipal Employees'Association(LOMEA) 32 Collective Bargaining Agreement July 1,2018—June 30,2021 F. Absence from work due to an on the job injury or on the job illness for up to three (3)years from original date of injury or illness in accordance with applicable law; G. Transfer or promotion to a position that is outside the bargaining unit, unless the employee is returned to a bargaining unit position during his/her probationary period, as set forth in Section 19.5; or H. Failure to return from military leave, in accordance with applicable law. Section 19.5. Employees who are transferred or promoted to positions outside the bargaining unit,but are allowed by the City to return to their former position within six (6)months of the date of transfer or promotion will return with their bargaining unit seniority restored. Employees who are returned to the bargaining unit after a transfer or promotion outside the bargaining unit do not have the right to bump their replacements. ARTICLE 20 -DISCIPLINE AND DISCHARGE Section 20.1. Except as set forth below, regular status employees covered by this Agreement shall not be disciplined or discharged except for just cause. For the purpose of this Agreement, "discipline" shall be defined as actions that result in a written reprimand,the suspension of an employee, the reduction of an employee's pay, the demotion of an employee, or the discharge of an employee. Alleged violations of this Article shall be subject to the grievance procedure (Article 22) with the exception of the written reprimand which can only be grieved as far as Step 3. It is, however, understood and agreed that if the City relies on a written reprimand to establish progressive discipline to support more serious disciplinary action and the written reprimand has been grieved as far as Step 3, the reprimand may be arbitrated as part of any arbitration of the more serious disciplinary action. The City shall furnish to the employee and the Union a statement of disciplinary action taken and the reasons for such action. This Article shall not apply to any employee on initial probation. (Moved to Article 19— Probation, Seniority) Disciplinary action shall be done in a manner which will not embarrass an employee before other employees or the public. ARTICLE 21 - SUBCONTRACTING Section 21.1. The City shall have the exclusive right to subcontract work performed by employees; however, prior to the effective date of pending layoff, the City shall: A. Notify the Union ninety(90) days prior to its decision to contract out any work currently performed by bargaining unit members if the contracting of work results in a layoff of a bargaining unit member(s). The Union shall be provided with the City's rationale for contracting out the work including supporting economic Lake Oswego Municipal Employees'Association(LOMEA) 33 Collective Bargaining Agreement July 1,2018—June 30,2021 justification for the proposal. The Union shall have sixty(60) days to submit a counter-proposal for consideration by the City. B. Give the affected employee(s) not less than six (6) months' notice of possible layoff unless only seasonal and part-time employees are affected in which case a minimum of three (3)months' notice shall be given. C. Following said notice,provide the employee with four(4)hours per month paid leave upon employee's attendance at formal vocational rehabilitation activities. Educational reimbursement may apply to cover the cost of such rehabilitation(see Article 17). Total paid leave shall not exceed twenty-four(24)hours. D. Attempt to relocate the employee to another position for which the employee is qualified within the City service. ARTICLE 22 - GRIEVANCE PROCEDURE Section 22.1. It is the intention of the parties to this Agreement that all disputes involving the interpretation, application or violation of contract language be settled by their submission to the grievance procedure as set forth below. Employees shall first attempt to resolve disputes involving the interpretation, application or violation of contract language informally. Step 1. Supervisor- The Union, or any employee with notice to the Union, shall claim a breach of this Agreement by filing a grievance to the employee's immediate supervisor. Grievances must be in writing and must be submitted to the employee's supervisor within fifteen(15) days from the occurrence of the incident giving rise to the grievance or the employee's knowledge thereof, whichever occurs later. The written grievance shall include: A. A statement of the grievance and relevant facts; B. Identification of the provision(s) of the Agreement violated; and C. Remedy sought. The supervisor shall respond to the grievance in writing within ten(10) days. Step 2. Department Director-If, after ten(10) days from the date of the supervisor's response, the grievance remains unresolved, the grievance may be appealed to the Department Director. All appeals to the Department Director must be made in writing. The Department Director may, at his/her discretion, schedule a meeting with the aggrieved party, who may request representation at the meeting. The Department Director shall respond to the grievance in writing within ten (10) days of receipt of the appeal, or in the event a meeting is scheduled, within ten(10) days of the meeting. Lake Oswego Municipal Employees'Association(LOMEA) 34 Collective Bargaining Agreement July 1,2018—June 30,2021 Step 3. City Manager-If, after ten(10) days from the date of the Department Director's response, the grievance remains unresolved, the grievance shall be appealed to the City Manager or a person designated by the City Manager. All appeals to the City Manager or designee must be made in writing. The City Manager or designated representative shall meet with the grievant, if available, and his/her Union representative, or in the case of a"class action" grievance affecting more than one employee with the Union and shall respond to the grievance in writing within ten (10) days after the meeting. In the event the grievant is not available, the City may delay the Step 3 meeting. Step 4. Arbitration - If the grievance is not resolved within ten (10) days the date the City Manager/designee's written response is received by the employee and the Union, the Union shall notify the City of its intent to arbitrate. Notice of intent to arbitrate must be submitted within ten (10) days of receipt of the City Manager/designee's response. The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree as to the arbitrator within ten(10) days, the arbitrator shall be chosen in the following manner: A. A list of seven(7) arbitrators in Oregon and/or Washington shall be requested from the Employment Relations Board. The parties shall alternately strike one name from the list until only one is left. (The party designated to strike the first name will be determined by the flip of a coin.) The remaining name shall be the arbitrator. One (1) day will be allowed to complete the striking of names. B. The arbitrator shall render a decision within thirty(30) days from the close of the hearing. The decision of the arbitrator shall be binding on both parties. C. The cost of the arbitrator shall be borne equally by the parties. Each party shall be responsible for costs of presenting its own case to arbitration. D. The powers of the arbitrator shall be limited to the interpretation and application of the specific provisions of this Agreement and determining if it has been violated. The arbitrator shall have no authority or jurisdiction to add to, amend, modify or revise the Agreement. E. The Union agrees that contract violation grievances shall be pursued either through the grievance procedure or as an unfair labor practice, but not both. Any time limits specified in the grievances procedure may be waived in writing by mutual consent of the parties. Failure of an employee or the Union to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the grievance. Failure by the City to submit a response within the specified time will automatically move the matter to the next step in this procedure. A grievance may be terminated at any time upon receipt of a signed statement from the Union or the employee that the matter has been resolved. Lake Oswego Municipal Employees'Association(LOMEA) 35 Collective Bargaining Agreement July 1,2018—June 30,2021 For purposes of this Article, "days" shall mean Monday through Friday, during normal City business hours, excluding holidays recognized under Article 10 of this Agreement. For the purpose of this Agreement, all references to "business days" shall have the same meaning. ARTICLE 23 -PERSONNEL FILE Section 23.1. Each employee shall have the right,upon request, to review and obtain, at his/her own expense, copies of the contents of his/her personnel file, exclusive of materials received prior to the date of his/her employment by the City. There shall be only one personnel file and it shall be maintained by the Human Resources Department. Section 23.2. When a disciplinary item is placed in an employee's personnel file, the City shall at that time provide a copy of the item to the employee. An employee may respond to any item placed in his/her personnel file and the employee's response shall become a part of the file. All formal disciplinary actions shall be recorded in the employee's personnel file. Section 23.3. All employment inquiries from prospective employers of current employees shall be referred to the Human Resources Department for a response unless otherwise requested by the employee. Section 23.4. A written reprimand shall be considered to have been expunged at the end of eighteen(18) months from the time the written reprimand was dated, provided there is no subsequent related reprimand or disciplinary action taken during the intervening period of time. Documents related to violation of the Drug and Alcohol Policy shall be retained for twenty-four (24) months but shall be considered to have been expunged after twenty-four(24) months absent a further violation. All other disciplinary documents shall be considered to have been expunged from the employee's personnel file at the end of three (3)years from the date of the disciplinary action,provided no other disciplinary action has been taken; in which case, the documents shall be considered to have been expunged three (3)years from the most recent disciplinary action. Section 23.5. Documents that shall have been considered to be expunged pursuant to Section 23.4, shall be sealed in an envelope and not physically destroyed to comply with the Oregon Public Records Law and will be maintained by the Human Resources Department. Except as set forth below, such documents will not be used against an employee for the purpose of progressive discipline, but may be used in any civil or administrative proceedings. Employees may request for the expunged records to be removed from their file. The City may also use such documents in arbitration proceedings only if the union uses the argument that the City failed to be consistent in its disciplinary actions, lax enforcement of rules, make the employee aware of the policy or standard in question, or if the City discriminated against the employee. The City may also use such documents to show compliance with legal obligations if the Union or employee claims non-compliance with a legal obligation. The Union will have equal access,upon request, to these files for the same purposes. Lake Oswego Municipal Employees'Association(LOMEA) 36 Collective Bargaining Agreement July 1,2018—June 30,2021 Section 23.6. Where a performance evaluation contains direct references to disciplinary actions which have been expunged,pursuant to Section 23.4, such references shall be removed, at the same time intervals, from the evaluation upon request of the employee provided that the employee has the evaluation retyped at his/her own expense. The original evaluation shall be sealed and maintained as provided in Section 23.5. Section 23.7. Any performance related materials maintained by a supervisor or manager regarding an employee shall be dated and may be viewed by that employee at his/her request. Section 23.8 Personnel files for employees who are hired on or after July 1, 2018 will include a dated position description effective for when they were hired. The City will notify the Union of changes in job descriptions, as required by PECBA. ARTICLE 24 -TRAINING Section 24.1. Employees required to participate in any training during off-duty hours shall be compensated at the overtime rate for time spent in training. When an employee is required to participate in training, hours spent shall be considered hours worked. Commuting time shall also be considered hours worked. When an employee is required to attend a training at a location that is closer to his/her home than the employee's regular work site, the employee may be directed by the employer to report directly to the training site. In this situation the employee will not be compensated for time spent commuting to and from their home and the training site, unless it is during the course of their working hours. ARTICLE 25 -MEAL ALLOWANCE Section 25.1. Any employee required to work unexpectedly (less than 24 hours' notice) for four (4) hours or more beyond the employee's regular shift for a 5/8 shift or two (2) or more hours for a 4/10 shift, shall be provided a meal at the expense of the City, or at the option of the City shall be reimbursed up to Fifteen Dollars ($15.00) for the actual cost of the meal. If an employee works a flexible schedule, the employee shall provide his/her own meal. ARTICLE 26—LABOR-MANAGEMENT COMMITTEES Section 26.1. The City and the Union agree that labor-management committees are an important way of sharing information and resolving issues of mutual concern. The City and the Union agree to continue the Employee Benefits Committee which, in addition to its current concerns, will consider the purchase of health care plans, alternative health care, and benefits. At the request of either the City or the Union, the City and Union may form labor-management committees to consider changes, including but not limited to changes in City policy, work site safety issues, the implementation of salary studies, and other issues of importance to the City and the Union. Each Lake Oswego Municipal Employees'Association(LOMEA) 37 Collective Bargaining Agreement July 1,2018—June 30,2021 labor-management committee will be established and meet as reasonably necessary to share and resolve issues of mutual concern in a collaborative manner. Section 26.2. The City and Union agree to participate in a Benefits Committee whose scope of work will be to research insurance designs, options, and funding arrangements. The Benefits Committee will make recommendations to the City Manager who has the sole discretion to accept or reject any recommendation from the Benefits Committee. The Benefits Committee will meet as needed,but not less than quarterly unless by mutual agreement. The Union will designate up to three (3)members to actively participate in the Benefits Committee. ARTICLE 27 - PERFORMANCE EVALUATIONS Section 27.1.—Initial Probation and Annual Evaluations: Each employee may receive a performance evaluation during the month in which they complete their initial probationary period and on an annual basis during the same month of each subsequent year of service. The supervisor will decide whether it is necessary to conduct performance evaluations. However, if an employee does not receive an annual performance evaluation, the employee's performance during that year will be considered to be satisfactory. Section 27.2.—Promotion and Transfer Evaluations: Employees who are promoted or transferred into another bargaining unit job classification shall receive a performance evaluation during the month in which they complete their probationary period in the new classification. Employees who successfully complete their promotional or transfer probationary period shall have their annual performance evaluation date adjusted to be conducted during the same month of each subsequent year of service in that position and shall be subject to Section 27.1. ARTICLE 28 -WORKING OUT OF CLASSIFICATION Section 28.1. Employees assigned by the supervisor, Department Director or his/her designee to perform the duties of a higher paid position in the bargaining unit shall be compensated at 7% above their current salary, for actual hours worked. Section 28.2. Acting in Capacity: Employees assigned by the Department Director or his/her designee to perform the duties of a higher paid"manager/supervisory"position in the manager/supervisor's absence shall be compensated at the first step in the salary range of the assigned position or 10% above their current salary, whichever is greater, for actual hours worked. ARTICLE 29 -UNION REPRESENTATION Section 29.1. The Union agrees that its members will not solicit membership in the Union, or otherwise carry on Union activities or business during paid worktime, except as specifically Lake Oswego Municipal Employees'Association(LOMEA) 38 Collective Bargaining Agreement July 1,2018—June 30,2021 provided in Section 29.2 of this Agreement. Union members are not allowed to use City vehicles to attend Union meetings, unless the employee is closer to the Union meeting location than he/she is to his/her normal office location or such use is approved in advance by the employee's supervisor. Section 29.2. -Union Activities On Duty: Union representatives may perform the following activities during their working hours: A. The Union may identify seven(7) employees who may spend working time in negotiations with the City during the period of contract renewal for the purpose of negotiating the Agreement. The employee shall notify his/her supervisor prior to the expenditure of such time. B. The Union shall be entitled to five (5) shop stewards at any given time who may process grievances, attend grievance meetings and conduct investigations of potential violations of the Agreement. Only one (1) Union representative, in addition to AFSCME representative(s), will be entitled to be present with an employee during an investigatory interview (Weingarten interview) and only two (2)union representatives, in addition to the AFSCME representative(s), during grievance meetings with the City. Union representatives must report paid time spent in Union activities on their on-line time sheets under the pay code "Union Activities" computed to the nearest fifteen (15) minutes. All paid Union activities must be conducted during an employee's regular working hours,unless approved by the Human Resources Director. Section 29.3. -Bulletin Boards: The City shall provide adequate space on one bulletin board in each work location for the posting of Union notices. Such notices shall be of a nonpolitical and non-inflammatory nature. Section 29.4. -Notification Obligations: The Union agrees to notify the City's Human Resources Director in writing of any changes in the Union's Executive Board of shop stewards. Notice may be provided by email. ARTICLE 30 -FILLING OF VACANCIES Section 30.1. The City agrees to post vacancies on the bulletin board in Public Works and the Library and to announce vacancies on the City's website and,by e-mail where practical, to all regular full-time and part-time employees, except vacancies for department directors, and other positions not represented by Union. Vacancies will be posted for a minimum of ten(10)business days prior to the closing of applications. Bargaining unit members who apply and meet the minimum qualifications for job vacancies shall receive an interview for the position. Upon request, bargaining unit members who Lake Oswego Municipal Employees'Association(LOMEA) 39 Collective Bargaining Agreement July 1,2018—June 30,2021 received an interview, but were not selected for the vacant position, will be given the opportunity to discuss how they can become a stronger candidate. Additional exceptions include personnel change actions as listed in Appendix B. Section 30.2 When the City decides to post internally, only regular status full-time,part-time, and on-call employees will be eligible to apply. ARTICLE 31 - SEASONAL EMPLOYEES GENERALLY Section 31.1. A regular status seasonal employee shall be eligible for a salary increase upon returning to the City in the same job classification for the next season, up to and including step 6. Section 31.2. A seasonal employee shall be given notice at the time of hire of the length of the season and the anticipated end of the season. A seasonal employee shall be given at least ten(10) calendar days advance notice of the end of the season, except when conditions are beyond the control of the City. Section 31.3. Seasonal employees shall accrue all rights and benefits accrued by full-time employees during their employment season, except as otherwise modified by this Agreement. Section 31.4. - Seasonal Layoffs: Seasonal employees who are laid off before the end of the season shall be laid off in the inverse order of seniority (least senior laid off first),provided the senior employee possesses the skills, ability and qualifications to perform the work remaining. At the completion of a season, all seasonal employees shall be laid off without regard to seniority. However, any extensions of the season shall be offered to employees based on seniority(most senior first),provided those retained possess the skills, ability and qualifications to perform the work remaining. Regular status seasonal employees laid off at the end of the season shall be placed on the reemployment list in order of seniority and shall be recalled the following season in order of seniority(most senior first)to the extent that work is available to be performed. The City and Union agree that the provisions of this Section apply only to seasonal layoffs. Permanent or ongoing layoffs of bargaining unit employees are governed by Article 15 of this Agreement. Section 31.5. All other provisions of this Agreement not specifically modified above shall apply to seasonal employees. ARTICLE 32 -EMPLOYEE RECOGNITION Section 32.1. In appreciation for the service provided by long-term employees, the City shall present service pins to those employees who have been employed by the City at intervals of five (5), ten (10), fifteen(15) and twenty(20)year, twenty-five (25) and thirty(30)years. The presentation of these pins shall be by the Department Director or his/her designee. Lake Oswego Municipal Employees'Association(LOMEA) 40 Collective Bargaining Agreement July 1,2018—June 30,2021 ARTICLE 33 - SAVINGS CLAUSE Section 33.1. The provisions of this Agreement are declared to be severable. If any section, subsection, sentence, clause or phrase of this Agreement shall for any reason be held to be invalid or unconstitutional, or becomes contrary to law or regulation,the validity of the other provisions of this Agreement shall remain in effect. It is the intent of the parties that this Agreement shall stand, notwithstanding the invalidity of any part. The parties shall negotiate the impact of any change required as a result of application of this savings clause in accordance with PECBA. ARTICLE 34 -FUNDING CLAUSE Section 34.1. The City agrees to budget all monies necessary to fund this Agreement. However, in the event the City is unable to fund the economic requirements of this Agreement due to voter disapproval and/or legislative changes, the parties agree to reopen negotiations. ARTICLE 35 -AMENDMENT AND CLOSURE CLAUSE Section 35.1. This Agreement is subject to amendment, alteration or addition only by subsequent written agreement between and executed by the City and the Union where mutually agreeable. ARTICLE 36 - TERM OF AGREEMENT Section 36.1. Except as set forth in Section 36.3 below, this Agreement shall be effective July 1, 2018 and shall remain in full force and effect until June 30, 2021. Section 36.2. This Agreement shall automatically reopen on February 1, 2021 for negotiation of a successor Agreement. If negotiations of a successor Agreement are not concluded within 150 days of the commencement of bargaining, the parties may avail themselves of the dispute resolution process as provided in ORS 243.712-732. Section 36.3. In the event the Affordable Care Act excise tax is or may be triggered, either party may reopen Article 16 for negotiations. However, in the event the excise tax is not ultimately triggered, Article 16 shall continue in effect. The purpose of the reopener will be to discuss changes necessary to avoid the excise tax and explore options for utilizing any savings generated to the City to reduce the impact of such changes on bargaining unit employees. Lake Oswego Municipal Employees'Association(LOMEA) 41 Collective Bargaining Agreement July 1,2018—June 30,2021 IN WITNESS THEREOF, said parties to this Agreement have set their hands and seals this day of , 2018. CITY OF LAKE OSWEGO LAKE OSWEGO MUNICIPAL EMPLOYEES' ASSOCIATION, LOCAL 1456 OF AFSCME COUNCIL 75 AFL-CIO By: By: Scott Lazenby Bao Nguyen City Manager AFSMCE Council Representative By: Scott Symer By: Craig Smith By: Cole Trusty By: Gabrielle Hoffman By: Iris McCaleb Lake Oswego Municipal Employees'Association(LOMEA) 42 Collective Bargaining Agreement July 1,2018—June 30,2021 City of Lake Oswego - 07/1/2018 Compensation Plan Listing of LOMEA Classifications(07/01/2018-06/30/2019) Job Foot- Grade Classification Title Code Status note Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 104 Apprentice Golf Professional 5017 LOMEA 2 Hourly 17.40 18.29 19.17 20.17 21.17 22.22 104 Library Assistant I 1010 LOMEA 2 semi-Monthly 1,508.00 1,585.14 1,661.40 1,748.07 1,834.74 1,925.74 104 Office Assistant 1005 LOMEA 2 Monthly 3,016.00 3,170.27 3,322.80 3,496.13 3,669.47 3,851.47 104 Office Assistant(ACC) 1007 LOMEA 2 Annually 36,192.00 38,043.20 39,873.60 41,953.60 44,033.60 46,217.60 106 Accounting Specialist I 1030 LOMEA 2 Hourly 19.02 19.99 20.97 22.05 23.13 24.29 106 Assistant Utility Worker 4005 LOMEA 2 semi-Monthly 1,648.40 1,732.47 1,817.40 1,911.00 2,004.60 2,105.14 106 Asst. Utility Worker(ACC) 4006 LOMEA 2 Monthly 3,296.80 3,464.93 3,634.80 3,822.00 4,009.20 4,210.27 106 Head Cook 4007 LOMEA 2 Annually 39,561.60 41,579.20 43,617.60 45,864.00 48,110.40 50,523.20 114 Administrative Support I 1025 LOMEA 2 Hourly 19.44 20.37 21.39 22.45 23.63 24.81 114 Library Assistant II 1015 LOMEA 2 semi-Monthly 1,684.80 1,765.40 1,853.80 1,945.67 2,047.94 2,150.20 114 Permit Technician I 1038 LOMEA 2 Monthly 3,369.60 3,530.80 3,707.60 3,891.33 4,095.87 4,300.40 Annually 40,435.20 42,369.60 44,491.20 46,696.00 49,150.40 51,604.80 119 Clerk Librarian 5005 LOMEA 2 Hourly 19.61 20.58 21.78 22.69 23.84 25.01 ILONI1EiA Semi-Monthly 1,699.54 1,783.60 1,887.60 1,966.47 2,066.14 2,167.54 Monthly 3,399.07 3,567.20 3,775.20 3,932.93 4,132.27 4,335.07 E�e� ve 7/11202,6 Annually 40,788.80 42,806.40 45,302.40 47,195.20 49,587.20 52,020.80 121 Accounting Specialist II 1035 LOMEA 2 Hourly 20.60 21.64 22.70 23.85 25.05 26.31 Semi-Monthly 1,785.34 1,875.47 1,967.34 2,067.00 2,171.00 2,280.20 Monthly 3,570.67 3,750.93 3,934.67 4,134.00 4,342.00 4,560.40 Annually 42,848.00 45,011.20 47,216.00 49,608.00 52,104.00 54,724.80 123 Engineering Aide 2000 LOMEA 2 Hourly 21.24 22.30 23.40 24.58 25.79 27.11 123 Librarian I 5010 LOMEA 2 semi-Monthly 1,840.80 1,932.67 2,028.00 2,130.27 2,235.14 2,349.54 123 Planning Aide 2005 LOMEA 2 Monthly 3,681.60 3,865.33 4,056.00 4,260.53 4,470.27 4,699.07 Annually 44,179.20 46,384.00 48,672.00 51,126.40 53,643.20 56,388.80 City of Lake Oswego - 07/1/2018 Compensation Plan Listing of LOMEA Classifications(07/01/2018-06/30/2019) Job Foot- Grade Classification Title Code Status note Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 110 Administrative Support II 1055 LOMEA 2 Hourly 21.85 22.94 24.12 25.31 26.58 27.90 110 Client Services Coordinator 1056 LOMEA 2 semi-Monthly 1,893.67 1,988.14 2,090.40 2,193.54 2,303.60 2,418.00 Monthly 3,787.33 3,976.27 4,180.80 4,387.07 4,607.20 4,836.00 Annually 45,448.00 47,715.20 50,169.60 52,644.80 55,286.40 58,032.00 130 Building Maintenance Worker 4000 LOMEA 2 Hourly 22.31 23.42 24.59 25.85 27.13 28.49 130 Utility Worker 4015 LOMEA 2 Semi-Monthly 1,933.54 2,029.74 2,131.14 2,240.34 2,351.27 2,469.14 Monthly 3,867.07 4,059.47 4,262.27 4,480.67 4,702.53 4,938.27 Annually 46,404.80 48,713.60 51,147.20 53,768.00 56,430.40 59,259.20 115 Administrative Support III 1064 LOMEA 2 Hourly 22.98 24.14 25.36 26.61 27.92 29.33 115 Recreation Specialist I 5015 LOMEA 2 Semi-Monthly 1,991.60 2,092.14 2,197.87 2,306.20 2,419.74 2,541.94 115 Project Specialist I 1065 LOMEA 2 Monthly 3,983.20 4,184.27 4,395.73 4,612.40 4,839.47 5,083.87 Annually 47,798.40 50,211.20 52,748.80 55,348.80 58,073.60 61,006.40 115 Library Person in Charge LOMEA Hourly 29.41 Semi-Monthly 2,548.87 L�OU��111,� Monthly 5,097.73 Effective WILACILE3 Annually 61,172.80 137 Accounting Specialist III 1060 LOMEA 2 Hourly 23.92 25.13 26.37 27.71 29.09 30.52 137 Planning Technician 2010 LOMEA 2 semi-Monthly 2,073.07 2,177.94 2,285.40 2,401.54 2,521.14 2,645.07 137 Water Plant Operator I 4025 LOMEA 2 Monthly 4,146.13 4,355.87 4,570.80 4,803.07 5,042.27 5,290.13 Annually 49,753.60 52,270.40 54,849.60 57,636.80 60,507.20 63,481.60 City of Lake Oswego - 07/1/2018 Compensation Plan Listing of LOMEA Classifications(07/01/2018-06/30/2019) Job Foot- Grade Classification Title Code Status note Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 143 Engineering Technician I 2015 LOMEA 2 Hourly 24.65 25.89 27.18 28.54 29.95 31.44 143 Lead Library Assistant 1016 LOMEA 2 semi-Monthly 2,136.34 2,243.80 2,355.60 2,473.47 2,595.67 2,724.80 143 Mechanic 5016 LOMEA 1,2 Monthly 4,272.67 4,487.60 4,711.20 4,946.93 5,191.33 5,449.60 143 Parks Ranger 4136 LOMEA 2 Annually 51,272.00 53,851.20 56,534.40 59,363.20 62,296.00 65,395.20 143 Recreation Specialist II 6000 LOMEA 2 143 Senior Utility Worker 4030 LOMEA 2 143 Digital&Graphic Media Specialist 6010 LOMEA 2 143 Technical Support Technician 2016 LOMEA 2 148 Business License Rcrds.Specialist 1041 LOMEA 2 Hourly 25.66 26.95 28.28 29.70 31.21 32.75 148 Librarian II 5020 LOMEA 2 semi-Monthly 2,223.87 2,335.67 2,450.94 2,574.00 2,704.87 2,838.34 148 Water Plant Operator II 4040 LOMEA 2 Monthly 4,447.73 4,671.33 4,901.87 5,148.00 5,409.73 5,676.67 Annually 53,372.80 56,056.00 58,822.40 61,776.00 64,916.80 68,120.00 117 Administrative Assistant 1067 LOMEA 2 Hourly 26.29 27.59 28.94 30.40 31.93 33.53 117 Inventory Control Specialist 4035 LOMEA 2 semi-Monthly 2,278.47 2,391.14 2,508.14 2,634.67 2,767.27 2,905.94 117 Permit Technician II 1039 LOMEA 2 Monthly 4,556.93 4,782.27 5,016.27 5,269.33 5,534.53 5,811.87 117 Support Services Specialist 2017 LOMEA 2 Annually 54,683.20 57,387.20 60,195.20 63,232.00 66,414.40 69,742.40 151 Assistant Planner 2020 LOMEA 2 Hourly 26.42 27.74 29.14 30.57 32.16 33.74 151 Engineering Technician II 2025 LOMEA 2 semi-Monthly 2,289.74 2,404.14 2,525.47 2,649.40 2,787.20 2,924.14 151 Lead Mechanic 5018 LOMEA 2 Monthly 4,579.47 4,808.27 5,050.93 5,298.80 5,574.40 5,848.27 151 Technical Support Specialist 2027 LOMEA 2 Annually 54,953.60 57,699.20 60,611.20 63,585.60 66,892.80 70,179.20 158 Building Permit Specialist 1085 LOMEA 2 Hourly 27.77 29.15 30.61 32.17 33.76 35.44 158 Inspector I 2035 LOMEA 2 Semi-Monthly 2,406.74 2,526.34 2,652.87 2,788.07 2,925.87 3,071.47 Monthly 4,813.47 5,052.67 5,305.73 5,576.13 5,851.73 6,142.93 Annually 57,761.60 60,632.00 63,668.80 66,913.60 70,220.80 73,715.20 City of Lake Oswego - 07/1/2018 Compensation Plan Listing of LOMEA Classifications(07/01/2018-06/30/2019) Job Grade Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 160 Accountant 1087 LOMEA 2 Hourly 28.62 30.01 31.52 33.09 34.79 36.49 160 Crewleader 4057 LOMEA 2 semi-Monthly 2,480.40 2,600.87 2,731.74 2,867.80 3,015.14 3,162.47 160 Instrumentation Technician 4052 LOMEA 2 Monthly 4,960.80 5,201.73 5,463.47 5,735.60 6,030.27 6,324.93 160 Purchasing Agent 1115 LOMEA 2 Annually 59,529.60 62,420.80 65,561.60 68,827.20 72,363.20 75,899.20 160 Water Plant Operator III 4050 LOMEA 2 160 City Beautification Specialist 4052 LOMEA 2 162 Inspector II 2037 LOMEA 2 Hourly 28.90 30.36 31.88 33.47 35.16 36.89 162 Plans Examiner I un OOMIlEk 2041 LOMEA 2 semi-Monthly 2,504.67 2,631.20 2,762.94 2,900.74 3,047.20 3,197.141 Monthly 5,009.33 5,262.40 5,525.87 5,801.47 6,094.40 6,394.27 Mean 7/21202.3 Annually 60,112.00 63,148.80 66,310.40 69,617.60 73,132.80 76,731.20 164 Associate Planner 2038 LOMEA 2 Hourly 29.52 30.95 32.49 34.11 35.86 37.62 164 Code Enforcement Specialist 2034 LOMEA 2 Semi-Monthly 2,558.40 2,682.34 2,815.80 2,956.20 3,107.87 3,260.40 164 Facilities Maintenance Lead 2044 LOMEA 2 Monthly 5,116.80 5,364.67 5,631.60 5,912.40 6,215.73 6,520.80 164 Parks Planner 2033 LOMEA 2 Annually 61,401.60 64,376.00 67,579.20 70,948.80 74,588.80 78,249.60 164 Volunteer Coordinator 2022 LOMEA 2 166 Construction Inspector 4045 LOMEA 2 Hourly 30.66 32.21 33.80 35.51 37.28 39.12 166 Engineering Technician III 2039 LOMEA 2 semi-Monthly 2,657.20 2,791.54 2,929.34 3,077.54 3,230.94 3,390.40 166 Management and Sustainability Analyst 2041 LOMEA 2 Monthly 5,314.40 5,583.07 5,858.67 6,155.07 6,461.87 6,780.80 166 Police Records Lead 1068 LOMEA 2 Annually 63,772.80 66,996.80 70,304.00 73,860.80 77,542.40 81,369.60 166 Project Coordinator 4061 LOMEA 2 166 Sr.Crewleader 4058 LOMEA 2 166 Technical Support Analyst 1080 LOMEA 2 166 Water Conservation Specialist 2049 LOMEA 2 167 Inspector III 2040 LOMEA 2 Hourly 30.99 32.52 34.16 35.89 37.65 39.57 167 Water Plant Operator IV 4051 LOMEA 2 semi-Monthly 2,685.80 2,818.40 2,960.54 3,110.47 3,263.00 3,429.40 Monthly 5,371.60 5,636.80 5,921.07 6,220.93 6,526.00 6,858.80 Annually 64,459.20 67,641.60 71,052.80 74,651.20 78,312.00 82,305.60 City of Lake Oswego - 07/1/2018 Compensation Plan Listing of LOMEA Classifications(07/01/2018-06/30/2019) Job Foot- Grade Classification Title Code Status note Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 177 Senior Planner 2030 LOMEA 2 Hourly 31.93 33.53 35.21 36.97 38.82 40.75 177 Citizen Information Coordinator 2021 LOMEA 2 semi-Monthly 2,767.27 2,905.94 3,051.54 3,204.07 3,364.40 3,531.67 177 Development Project Manager 2048 LOMEA 2 Monthly 5,534.53 5,811.87 6,103.07 6,408.13 6,728.80 7,063.33 177 Development Review Planner 2042 LOMEA 2 Annually 66,414.40 69,742.40 73,236.80 76,897.60 80,745.60 84,760.00 177 Electrician 4055 LOMEA 2 177 Engineering Program Lead 2026 LOMEA 2 ONCO J1JIEA 177 Landscape Architect 1076 LOMEA 2 177 Management and Program Analyst 1201 LOMEA 2 Mean 7/11/20 ,=; 177 Senior Development Specialist 2062 LOMEA 2 177 Senior Code Enforcement Specialist 2063 LOMEA 2 177 Park Analyst/Project Manager 2032 LOMEA 2 177 Plans Examiner II 2036 LOMEA 2 177 Technical Support Coordinator 4060 LOMEA 2 536 Micro Computer Analyst 1090 LOMEA 2 Hourly 33.53 35.20 36.97 38.82 40.75 42.80 536 Lead Electrician 4056 LOMEA 2 semi-Monthly 2,905.94 3,050.67 3,204.07 3,364.40 3,531.67 3,709.34 536 Chief Surveyor 4075 LOMEA 2 Monthly 5,811.87 6,101.33 6,408.13 6,728.80 7,063.33 7,418.67 Annually 69,742.40 73,216.00 76,897.60 80,745.60 84,760.00 89,024.00 184 Associate Engineer 2056 LOMEA 2 Hourly 34.58 36.31 38.08 40.01 42.04 44.10 Semi-Monthly 2,996.94 3,146.87 3,300.27 3,467.54 3,643.47 3,822.00 Monthly 5,993.87 6,293.73 6,600.53 6,935.07 7,286.93 7,644.00 Annually 71,926.40 75,524.80 79,206.40 83,220.80 87,443.20 91,728.00 547 Citizen Information Specialist 5072 LOMEA 2 Hourly 35.32 37.06 38.92 40.84 42.90 45.04 547 Engineering Development Coord. 5070 LOMEA 2 semi-Monthly 3,061.07 3,211.87 3,373.07 3,539.47 3,718.00 3,903.47 547 Network Engineer 2053 LOMEA 2 Monthly 6,122.13 6,423.73 6,746.13 7,078.93 7,436.00 7,806.93 547 Senior Associate Engineer 2057 LOMEA 2 Annually 73,465.60 77,084.80 80,953.60 84,947.20 89,232.00 93,683.20 APPENDIX B Personnel Change Action Rationale Negotiate Advertise $ (Y/N) (Y/N) 1. Reclassifying a • A job is enlarged and given higher level tasks, duties and Yes Yes, when there is position not in a job responsibilities; AND the position is not in a job family OR no incumbent. family there is no higher level position within the job family to encompass these changes; OR • The market for the classification demonstrates a significant shift. 2. Reclassifying an As a result of gradual changes: No No employee in a job • An employee has taken on responsibilities of a higher level family position within a job family that is closely related to the NOTE: employee's original duties and responsibilities; AND Notify LOMEA NOTE: This is a typical • The employee spends the greater percentage of his or her of action. reclassification scenario. work time performing the higher level duties; AND (no probation) • The higher level duties will remain a part of the employee's regular job duties. 3. Promotional • There is a new position; or, Yes Yes opportunity for new • The City needs to create a position which encompasses duties, position responsibilities, skills and other job elements that have not been(or are not currently) aggregated into a City position; (6 month probation) AND • There are a number of employees who would qualify for the position; AND Lake Oswego Municipal Employees'Association(LOMEA) 47 Collective Bargaining Agreement July 1,2018—June 30,2021 • The position is not `waived' from the City's posting requirements under LOMEA. 4. Promotional • The job class exists; there is a vacancy; AND No Yes opportunity for • There are employees who would qualify; AND regular position • The position is not `waived' from the City's posting requirement (6 month probation) 5. Changing regular • The job class exists; the pay grade does not change; and position to regular • There is an incumbent in the position; and part-time or full- • The job requires more or less hours to perform greater or time: lesser duties within the class spec; and • The incumbent wants to remain in the position with the No No change in hours; and • There may or may not be other employees interested in the new hours. Lake Oswego Municipal Employees'Association(LOMEA) 48 Collective Bargaining Agreement July 1,2018—June 30,2021 APPENDIX C Holiday—Pay/Compensatory Time Schedule Employee Designated Holiday on Employee's Designated Holiday Not on Status Workday Employee's Workday Holiday Not Worked Holiday Holiday Not Holiday Worked Worked Worked 8 Hours Full-time 8 hours pay+2 8 hours Compensatory & 8 hours pay times regular Compensatory Time at straight Seasonal pay for actual Time at straight time rate +2 hours worked time rate times regular pay for actual hours worked Part-Time Pay equal to hours Pay equal to Compensatory Pay equal to Employees scheduled to work hours scheduled Time at straight hours worked that day or pay to work that day time rate that day+ proportional to total +Pay for actual proportional to Compensatory weekly scheduled hours worked scheduled hours Time at straight hours,whichever is time rate equal greater to hours worked that day or proportional to total weekly scheduled hours, whichever is greater. This chart does not pertain to the four(4) hours for the second half of the work day on Christmas Eve or New Year's Eve. See Section 10.2. Lake Oswego Municipal Employees'Association(LOMEA) 49 Collective Bargaining Agreement July 1,2018—June 30,2021 APPENDIX D—ALCOHOL AND DRUG TESTING POLICY STATEMENT The City of Lake Oswego is committed to providing a workplace where employees and the general public can safely conduct business. To ensure these standards,the City will not tolerate employees reporting to work with their ability to perform impaired by alcohol, illegal drugs, or inappropriately used prescription or over-the-counter drugs. Section 1: Applicability This Policy applies to all AFSCME/LOMEA(the Union)represented employees. Employees in safety-sensitive(Department of Transportation [DOT] and Non-DOT)positions must comply with this Policy, and the stricter standards incorporated in this Policy. (See Attachment A for criteria and list of employees in safety-sensitive positions.)DOT regulated employees must also comply with all DOT drug and alcohol testing rules and regulations. Section 2: Prohibited Conduct The following conduct is prohibited: (a) Consuming alcohol or using drugs while"on duty"(defined to include breaks or meal periods), operating City vehicles or using City equipment; (b) Buying, selling,manufacturing,distributing, dispensing or possessing illegal drugs, while on duty and/or on City property(City property includes all property rented, leased, owned or controlled by the City, including parking lots and adjacent areas. It also extends to City equipment and vehicles on or off City property.); (c) Reporting for work or being on duty with a prohibited level of alcohol or drugs present in the employee's body as set forth in Attachment B; (d) Refusing to submit to a required drug or alcohol test;providing an invalid specimen, interfering with any testing procedures; or tampering with any test sample or otherwise failing to comply with rehabilitation conditions or other restriction imposed by a Substance Abuse Professional(SAP) consistent with this Policy(In addition, a safety- sensitive employee who refuses to test will be treated as if he/she had a breath alcohol concentration of 0.04 and/or tested positive for drugs.); (e) Consuming alcohol within four(4)hours prior to performing safety-sensitive job duties for positions that require a commercial driver's license(CDL); Lake Oswego Municipal Employees'Association(LOMEA) 50 Collective Bargaining Agreement July 1,2018—June 30,2021 (f) Consuming any amount of alcohol within eight(8)hours following an accident in which there is a fatality or a moving violation in connection with an injury or tow-away accident involving an employee with a commercial driver's license, or until the CDL employee undergoes a post-accident test(whichever is first); (g) Buying, selling, distributing or possessing alcohol while on the job or on City property, except as permitted under the"Exceptions for Moderate Consumption for Employees 21 Years or Older" section of this Policy; (h) Being on standby duty with a prohibited level of alcohol or drugs present in the employee's body,as set forth in Attachment B; (i) Consuming any amount of alcohol between the time notification of testing is issued and the time testing is actually conducted; and/or (j) Engaging in any other violation of this Policy. For purposes of this Policy"drugs"includes all forms of narcotics, depressants, stimulants, hallucinogens, opiates,phencyclidine(PCP), cocaine and cannabis, or any other drug whose sale,purchase,transfer,use or possession is prohibited by law. See Attachment B for prohibited drug testing levels. "Drugs"does not include lawful prescription and non-prescription medications obtained,used, transferred,possessed, and reported consistently with the label,physician instructions, applicable law and the Medications section of this Policy. The City will apply this Policy in accordance with the Department of Transportation regulations and applicable law including the State medical marijuana law, as integrated with State disability discrimination law, and the Americans with Disabilities Act. Section 3: Medical Marijuana The City will not excuse or accommodate recreational marijuana use. The City will also not excuse or accommodate medical marijuana use by employees in DOT or safety sensitive positions. With regard to employees in non-safety sensitive positions,medical marijuana will continue to be treated as a"drug"subject to the prohibitions in paragraphs (a), (b), and(d)of the Prohibited Conduct section of this Policy.Additionally, employees must comply with medication disclosure requirement under this Policy. Lake Oswego Municipal Employees'Association(LOMEA) 51 Collective Bargaining Agreement July 1,2018—June 30,2021 Section 4: Notification of Alcohol Consumption for Unscheduled Work In the event an employee who is not on standby is called to report for unscheduled work without at least eight(8)hours advance notice and the employee has alcohol in his/her system in an amount that he/she feels may violate section(c) of the Prohibited Conduct section of the Policy, the employee must disclose that he/she is unable to report for the unscheduled work for that reason. Employees who make this disclosure will be excused from reporting for work. Section 5: Notification of Convictions Employees must notify Human Resources in writing of any conviction for a violation of a criminal drug or alcohol statute occurring in the workplace no later than five (5)calendar days after such conviction. Employees whose jobs require them to drive must also immediately notify the Human Resources Department of any restriction, suspension, or loss of their driver's license due to drugs or alcohol. Section 6: Medications It is not the intention of this Policy to prohibit the appropriate use of legally prescribed or authorized drugs or non-prescription medications. However, employees using prescribed drugs or authorized medical marijuana or non-prescription medications are responsible for carefully reviewing side effects warnings, including any warnings pertinent to the effects of use of a combination of substances, and for consulting with their doctor to determine whether there are any side effects that are affecting or will affect the employee's ability to safely and competently perform their job duties. If the employee or their doctor feels that the employee is experiencing any such side effects,the employee may discuss alternative treatment with their doctor and under doctor's instruction discontinue use of prescription, or the employee must notify the Human Resources Department of the substance(s)taken and their side effects before reporting to work or continuing to perform their job duties. Medical verification of the ability to safely perform job duties may be required before the employee is allowed to continue his/her work assignment. Marijuana is a federally controlled substance; employees in DOT safety-sensitive positions are not permitted to use it under any circumstance. Although the lawful use of medication that has been prescribed to an employee is not grounds for disciplinary action by itself, failure to follow the reporting procedure discussed above will be a violation of this Policy. It is also a violation of this Policy for an employee to use medication inconsistent with the prescription or label,to unlawfully transfer prescription medication(including but not limited to selling or giving prescription medication to another person), and to use medication that is unlawfully obtained(including but not limited to using medication prescribed to another person). Lake Oswego Municipal Employees'Association(LOMEA) 52 Collective Bargaining Agreement July 1,2018—June 30,2021 Section 7: Consequences of Prohibited Conduct Any employee who violates this Policy is subject to discipline up to and including discharge. Violations of this Policy will,however,be evaluated on a case-by-case basis and the level of discipline imposed will be based on the seriousness of the offense, except as described below. For violation of paragraphs(c), (g) above: for a first violation,the employee shall be referred to a Substance Abuse Professional(SAP)to evaluate the employee, and the employee shall complete treatment. The SAP determines if the employee has successfully complied with the recommended treatment. The employee shall have a written reprimand placed in his/her file with a notation that any further violations of the Policy within a four(4)year period following issuance of the written reprimand will result in the employee being subject to discharge. As a limited exception to Article 23.4 written reprimands for violations of this Policy shall be retained in the employee's personnel file for forty-eight(48)months. In determining the appropriate action,the City shall consider an individual's work record,the seriousness of the violation,the safety-sensitivity of the individual's position,whether the individual's behavior violated any other City policy,whether a sanction or corrective action is permissible under applicable law and any other relevant factors. Employees in CDL or other safety-sensitive positions whose alcohol test results are between 0.02 and 0.039 cannot be returned to their safety-sensitive position until at least 24 hours have elapsed from the time of their testing. Employees in CDL or other safety-sensitive positions who test positive for controlled substances,or have a confirmed alcohol test result of 0.02 or above cannot return to their safety-sensitive job-duties until: • A Substance Abuse Professional (SAP) evaluates the employee, and the employee undergoes education or seeks treatment as recommended by the SAP; • The SAP determines the employee has successfully complied with the recommended education or treatment; • The employee passes a return to duty test with an alcohol concentration below 0.02 and/or a negative drug test result. For all other employees,the same return to duty Policy will apply,except the testing threshold will be .04 rather than .02. Lake Oswego Municipal Employees'Association(LOMEA) 53 Collective Bargaining Agreement July 1,2018—June 30,2021 Section 8: Exceptions for Moderate Consumption for Employees 21 Years or Older Alcohol may be consumed in moderation, i.e. to the cutoff levels references in Attachment B, at City sponsored events and professional functions (including receptions or dinners); at business entertainment meetings held during business hours; or at municipal locations where service of alcohol has been approved in advance by the City. In addition, it will not be considered a violation of this Policy for an employee to be in possession of unopened alcoholic beverages on the job. Moderate alcohol consumption must not violate any other provisions of this Policy, including remaining professional and fit for duty. If there is a possibility that employees' consumption of alcohol will render them in violation of laws regulating the operation of motor vehicles,the employees are prohibited from driving-following such meetings or events. Section 9: Types of Tests The City will test employees for the substances listed in Attachment B. Pre-Employment and Pre-Placement Applicants who are offered employment in a safety-sensitive position will be tested for drug use as a condition of employment. Additionally, employees in safety-sensitive positions returning from layoff or seasonal employment will also be required to test for drugs prior to assuming their job duties. Employment is contingent upon receipt of a verified negative test result from the City's authorized Medical Review Officer(MRO). To ensure validity,the City requires prompt recollection for negative dilute pre-employment tests. Reasonable Suspicion Any employee of the City may be required to undergo testing for drugs and/or alcohol with `reasonable suspicion'. `Reasonable suspicion' is defined as cause based on specific and articulated observations concerning the appearance,unusual behavior, speech,breath odor,body symptoms or other reliable indicators that an employee has reported to work or returned to duty with alcohol or drugs present in his/her body. Whenever practicable,the decision to test for `reasonable suspicion' will be made by the employee's supervisor and confirmed by another supervisory or management employee. To ensure validity,the City requires prompt re-collection for negative dilute reasonable suspicion tests. Lake Oswego Municipal Employees'Association(LOMEA) 54 Collective Bargaining Agreement July 1,2018—June 30,2021 At the time an employee is tested,the employee shall be informed that the employee shall have the right to Union representative at the time the test results are shared with the employee and at any subsequent interviews regarding violations of the Policy.An employee shall also be told of his/her right to representation at the time test results are shared with the employee and told again at any subsequent interviews regarding violations of the Policy. Random Employees in safety-sensitive positions that require a CDL will be tested for alcohol and illegal drugs on an unannounced,random basis in accordance with DOT regulations. Employees selected must immediately and directly proceed to the collection/testing site upon notification. Random testing for drugs and alcohol will be limited to regular work hours. Return to Duty Employees must submit to testing as set forth in the Consequences of Prohibited Conduct section of this Policy before being permitted to return to work. Employees who test positive in a return to duty test will be subject to discharge. A negative return to duty test is a condition for returning to work. Follow-up Follow up tests will be required when an employee in a CDL or other safety-sensitive position has engaged in prohibited conduct under this Policy. These tests are performed after the employee has been evaluated by an SAP, and has followed the recommended treatment plan. The employee,upon returning to duty,will be subject to a minimum of six(6)unannounced follow-up tests over the first twelve(12)months following the employee's return to work. The SAP may recommend any number of tests over a period of up to sixty(60)months. Employees who test positive in any follow up test will be subject to discharge. The actual number and frequency of the tests are to be determined by the SAP. Moreover,the City may require follow-up testing under its own authority pursuant to Rehabilitation and Return to Work Agreement. Post Accident Both drug and alcohol testing will be performed on any employee with a CDL following any on-the- job accident involving a fatality, or vehicular accident in which he/she receives a citation for a moving violation arising from the accident AND there is an injury treated away from the scene OR a vehicle that must be towed away from the scene. Employees who are in safety sensitive,but not CDL positions,will be tested for drugs,but not alcohol following any on-the-job accident involving a fatality,or vehicular accident in which the Lake Oswego Municipal Employees'Association(LOMEA) 55 Collective Bargaining Agreement July 1,2018—June 30,2021 driver in a safety-sensitive position receives a citation under state or local law for a moving violation arising from the accident AND there is an injury treated away from the scene OR a vehicle that must be towed away from the scene. In addition, any employee may be required to undergo testing for alcohol and/or drugs following any type of accident when there is reasonable suspicion to believe the employee had alcohol or drugs in his/her system as described in the"Reasonable Suspicion"testing provisions set forth above. The accident by itself is not"reasonable suspicion"for testing. Employees who are required to undergo testing for alcohol will be required to do so as soon as possible after the accident. Post-accident alcohol testing should take place within two(2)hours of the accident,but no later than eight(8)hours after the accident. If alcohol testing is not conducted within two (2)hours of the decision to test,the City will document the reasons the test was not promptly administered. Employees will be required to undergo testing for drugs as soon as possible after the accident,but in no case later than thirty-two (32)hours after the incident. An employee who is subject to post-accident testing is required to remain readily available for testing. At the time an employee is tested,the employee shall be informed that the employee shall have the right to Union representative at the time the test results are shared with the employee and at any subsequent interviews regarding violations of the Policy. An employee shall also be told of his/her right to representation at the time test results are shared with the employee and told again at any subsequent interviews regarding violations of the Policy. Employees who are injured as a result of an accident,but are unable to timely submit to testing as required under this Policy, due to the need to obtain emergency or other medical treatment, are required to release the results of all alcohol and drug tests conducted by law enforcement or medical authorities to the City. Section 10: Rehabilitation and Treatment Employees who undergo rehabilitation in lieu of discharge or other disciplinary action will be required to submit to individualized testing pursuant to a Rehabilitation and Return to Work Agreement imposed by the City, and as otherwise required by the SAP. Section 11: Transportation to Test Site Employees who are required to submit to either reasonable suspicion or post-accident testing are prohibited from transporting themselves to or from the collection site and/or home. A management or supervisory employee will transport the employee or arrange alternate transportation. Lake Oswego Municipal Employees'Association(LOMEA) 56 Collective Bargaining Agreement July 1,2018—June 30,2021 The time an employee spends traveling to and from the collection site, as well as time spent in testing and waiting for testing will be treated as"hours worked"for pay purposes except for split sample testing requested by the employee. Section 12: Testing Safeguards All testing will be conducted at a laboratory certified by the Department of Health and Human Services(DHHS)in accordance with the standards disseminated by the US Department of Transportation(DOT)(49 CFR Part 40). All drug tests will be conducted through collection of a split sample. Urine specimens less than 45 mL in volume will be discarded by the collection facility. In such cases,the employee will be advised to drink up to forty(40)ounces of fluids and will have up to three(3)hours to produce a urine sample of adequate volume. Employees who do not provide a urine specimen of adequate volume within three(3)hours will be referred to a physician to determine whether there was a legitimate medical explanation for the apparent inability to provide a specimen, or the incident constitutes a refusal to test. If a urine specimen shows a temperature outside the acceptable range(colder than 90 degrees or warmer than 100 degrees)or appears to have been adulterated,the collection facility will make a note on the custody and control form and notify the employee that he/she will need to provide a second urine specimen. In the case of DOT covered employees,the second collection must be conducted under direct observation. Any employee being instructed to provide a second urine specimen must remain at the collection facility until a new urine specimen is provided, or the incident will be considered a refusal to test. All positive drug tests will be confirmed by a second confirming test from the same sample before the test result is reported as positive to the MRO. Individuals with positive tests will have an opportunity to discuss the results with the MRO before the result is reported to the City. Drug and alcohol test results will be reported to the Human Resources Department and the Department Director. Any employee who tests positive for drugs may request a test of the remaining portion of the urine sample(the split sample)within seventy-two(72)hours of notification of a positive test result. CDL drivers must direct requests to the MRO. All other requests for tests must be made to the Human Resources Department. The cost of split sample/retesting will be borne by the employee. In the event the split test result is negative,the employee shall be reimbursed for the cost of the split test. Section 13: Administration of Testing To ensure this policy is applied consistently,the Human Resources Department will be responsible for the coordination and administration of the Alcohol and Drug Testing Program. Lake Oswego Municipal Employees'Association(LOMEA) 57 Collective Bargaining Agreement July 1,2018—June 30,2021 It will serve as a liaison with the collection facility,the laboratory, and the Substance Abuse Professionals,with support of the City's third-party administrator. Moreover, it will advise employees who have engaged in prohibited conduct of the resources available for evaluating and resolving the problems associated with the drug and alcohol usage. Section 14: Confidentiality All information associated with the drug and alcohol testing program including drug or alcohol test results or treatment procedures will be treated as confidential information and will be accessible only to those designated personnel and other designated representatives with a need to know, and as required under DOT regulations. Section 15: Rehabilitation Options The City attempts to provide employees the opportunity to deal with drug and alcohol related problems.Any employee who voluntarily requests assistance in dealing with a drug and/or alcohol problem is encouraged to seek professional counseling for an assessment with a licensed or certified alcohol and drug professional. Professional counseling and treatment programs for drug and/or alcohol problems may be available through City provided health insurance or the City's Employee Assistance Program(EAP). Any cost not covered by the health insurance or the EAP is the employee's responsibility. Section 16: Before Committing a Policy Violation When an employee voluntarily reports a drug or alcohol dependency to his/her supervisor, Department Director or HR Director and seeks assistance before violating this Policy,that employee will be placed on a leave of absence or adjusted working hours as necessary to allow for in-patient or out-patient treatment. Employees in safety-sensitive positions who voluntarily inform the City that they have a drug or alcohol-related problem prior to a Policy violation or testing requirement will be removed from their duties to allow for rehabilitation and treatment. The employee will not be permitted to return to their regular duties until such time as the SAP provides the City with written verification that the employee has substantially completed the recommended assistance,but may be returned to other available non- safety sensitive duties with approval from the City. Employees must authorize the SAP and treatment provider(s)to provide the Human Resources Director with information regarding his/her recommendations for education/treatment and follow up testing as well as the employee's compliance with those recommendations. Employees may not self-refer for treatment or rehabilitation services in lieu of taking required tests. Lake Oswego Municipal Employees'Association(LOMEA) 5 8 Collective Bargaining Agreement July 1,2018—June 30,2021 Section 17: After Committing a Policy Violation Employees who claim drug or alcohol dependencies after violating this Policy are subject to discipline consistent with this Policy,regardless of such dependencies. The City may,however, at its discretion, allow an employee to undergo evaluation and rehabilitation in lieu of suspension, discharge or other disciplinary action,provided the employee agrees to all treatment,rehabilitation,testing and other conditions as set forth in a written Rehabilitation and Return to Work Agreement required by the City(see Attachment C). Any employee who violates the terms of the Agreement is subject to immediate termination. An employee may be required to participate in a drug and/or alcohol treatment program and follow- up care because of disciplinary action arising from a drug and/or alcohol problem, or as a condition of continued employment. A SAP must first evaluate an employee who is so required and determine any necessary assistance. Section 18: Absences from Work Related to Policy Enforcement The time an employee is absent from work while awaiting SAP evaluation; enrollment in rehabilitation treatment; completing treatment; and obtaining verification of ability to return to work, as well as the time an employee spends waiting to be returned to work is not considered disciplinary in nature. Consequently, employees who are absent from work for these reasons are eligible to use paid time off(vacation, sick, compensatory time and personal holiday pay)during such absences. Once an employee's paid time off benefits have been exhausted, an employee's time off for these purposes will be unpaid. Section 19: Cost of Testing The City will be responsible for payment of all alcohol and drug tests required by the City. If an employee requests a split specimen test or decides to undergo a split test or any other test not required by the City,the employee will be responsible for the cost of the test. If the split test is negative,the employee shall be reimbursed for the cost of the split test. The City may deduct payment for these tests from the employee's wages upon receipt of a written consent to deduct the cost of the test from the employee. Employees who do not provide written authorization must pay for the test directly. Lake Oswego Municipal Employees'Association(LOMEA) 59 Collective Bargaining Agreement July 1,2018—June 30,2021 ATTACHMENT A SAFETY SENSITIVE POSITIONS Safety-sensitive positions are those in which there is a higher chance of injury to the employee,his/her co-workers, and/or the public than in other City jobs. Safety-sensitive positions may or may not be covered under the DOT regulations. DOT safety-sensitive positions represented by the Union include the following job classifications when a commercial driver's license is required: • Utility Worker • Senior Utility Worker • Crew Leader • Senior Crew Leader • Mechanic • Lead Mechanic Non-DOT safety sensitive positions represented by the Union include the following positions: • Water Plant Operator I,II,III,and IV • Instrumentation Technician • Code Enforcement Specialist • Code Enforcement Lead • Construction Inspector • Engineering Technician I, II, and III • Water Conservation Specialist • Inspector I, II, and III • Assistant Utility Worker • Assistant Utility Worker(ACC Transportation Coordinator) • Building Maintenance Worker • Facilities Maintenance Lead • Parks Ranger • Electrician • Lead Electrician • City Beautification Specialist • Position(s) assigned to mail carrier duties Lake Oswego Municipal Employees'Association(LOMEA) 60 Collective Bargaining Agreement July 1,2018—June 30,2021 ATTACHMENT B DRUG TESTING LEVELS The following initial and confirmatory cutoff levels shall be used when screening specimens to determine whether they are negative for the drugs or classes of drugs required for DOT testing: Confirmatory Initial test analyte Initial test cutoff 1 Confirmatory test analyte test cutoff con- centration Marijuana metabolites(THCA)2 50 nglmL3 THCA 15 ng/mL. Cocaine metabolite(Benzoylecgonine)... 150 nglmL3 Benzoylecgonine 100 ng/mL. Codeine! 2000 ng/mL Codeine 2000 ng/mL. Morphine Morphine 2000 nghnL. Hydrocodone! 300 ng/mL Hydrocodone 100 ng/mL. Hydromorphone Hydromorphone 100 ng/mL. Oxycodone! 100 ng/mL Oxycodone 100 ng/mL. Oxymorphone Oxymorphone 100 ng/mL. 6-Acetylmorphine 10 ng/mL 6-Acetylmorphine 10 ng/mL. Phencyclidine 25 ng/mL Phencyclidine 25 ng/mL. Amphetamine/ 500 ng/mL Amphetamine 250 ng/mL. Methamphetamine Methamphetamine 250 ng/mL. MDMA4!MDA5 500 ng/mL MDMA 250 ng/mL. MDA 250 ng/mL. For grouped analytes(i.e.,two or more analytes that are in the same drug class and have the same initial test cutoff): Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte. The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group. Alternate technology:Either one analyte or all analytes from the group must be used for calibration,depending on the technology.At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or,alternatively,the sum of the analytes present (i.e.,equal to or greater than the laboratory's validated limit of quantification)must be equal to or greater than the initial test cutoff. 2An immunoassay must be calibrated with the target analyte,A-9-tetrahydrocannabinol-9-carboxylic acid(THCA). 3Altemate technology(THCA and Benzoylecgonine):When using an alternate technology initial test for the specific target analytes of THCA and Benzoylecgonine,the laboratory must use the same cutoff for the initial and confirmatory tests(i.e., 15 ng/mL for THCA and 100ng/mL tor Benzoylecgonine). 4Methylenedioxymethamphetamine(MDMA). 5Methylenedioxyamphetamine(MDA). ALCOHOL TESTING LEVELS For employees in CDL or safety sensitive positions, an initial Breath Alcohol Concentration (BrAC) screening result of less than 0.02 g/210 L will be considered negative. If the employee's BrAC is 0.02 or greater, a second confirmation test will be conducted using an Evidential Breath Test(EBT). An employee will be considered to be in violation of Prohibited Conduct, Section (c) whenever the employee has a BrAC of 0.02 g/210 L or greater. For non-CDL employees, the same screenings will be conducted with less than 0.04 percent considered negative. These drug and alcohol testing levels are intended to be consistent with DOT standards. In the event that DOT testing substances and/or testing cutoff levels change, the above list shall be automatically adjusted to be consistent with DOT standards. Lake Oswego Municipal Employees'Association(LOMEA) 61 Collective Bargaining Agreement July 1,2018—June 30,2021 ATTACHMENT C REHABILITATION AND RETURN TO WORK AGREEMENT I, [print name] understand that in lieu of discharge I am being allowed to continue in the employment of the City of Lake Oswego, subject to the following requirements: 1. I agree to be evaluated by an SAP, if necessary, and further agree to immediately enroll in and complete education or an inpatient or outpatient rehabilitation program as recommended by the SAP and approved by the City. If inpatient treatment is recommended and approved,I will be placed on a leave of absence. During the period of my leave, I will be eligible to receive sick leave benefits, as allowed under the collective bargaining agreement. In the event,I do not have sufficient sick leave benefits to cover the period of my leave, I will be paid from my accrued compensatory time, followed by my vacation leave accruals until my paid leave banks are depleted,unless I request and receive approval from the City to take unpaid time. If outpatient treatment is approved,I will notify my supervisor of my treatment schedule and remain available for work assignments upon request. Employees may be returned to other available non-safety sensitive duties with approval from the City. 2. I agree to comply with and complete all conditions of treatment and any after-care or follow-up counseling recommended by my SAP. 3. The City has my permission to communicate with my physician(s) and SAP regarding my enrollment,progress and completion of rehabilitation recommendations. The City also has my permission to verify my attendance at meetings and compliance with all treatment, after- care and follow-up recommendations, including but not limited to testing commitments. 4. I agree to immediately notify Human Resources after I have completed my treatment program. 5. [ ] NON-DOT EMPLOYEES WHO TEST POSITIVE FOR DRUGS-I understand that I will be subject to suspicionless testing for drugs for a period of twenty-four(24) months following the date of my signature and based on the SAP's recommendations and as allowed by applicable law. [ ] DOT EMPLOYEES—I understand that I will be subject to follow up testing a minimum of six(6)times within the first twelve(12)month period after I sign this Agreement. The frequency and number of tests are determined by the SAP and may continue up to a maximum of sixty(60)months. A positive test result or refusal to fully and immediately cooperate with a testing request may result in my immediate termination. Lake Oswego Municipal Employees'Association(LOMEA) 62 Collective Bargaining Agreement July 1,2018—June 30,2021 6. I understand that this Agreement constitutes a final warning,that my return to work and continued employment are contingent upon my compliance with all of the above terms. If I violate this Agreement or commit any subsequent violation of the City's Alcohol and Drug Policy within twenty-four(24)months, I will be subject to further discipline up to and including discharge in accordance with the Policy. 7. Should personal problems arise that may have an effect on my ability to remain in compliance with the City's Alcohol and Drug Policy and/or this Agreement, I understand that the City's Employee Assistance Program is available to assist me. 8. I agree to comply with the City's Alcohol and Drug Policy and specifically agree to refrain from the use of alcohol and/or drugs consistent with my rehabilitation program. I understand that if I violate anything in this Agreement or commit any subsequent violation of the City's Alcohol and Drug Policy,within twenty-four(24)months,I will be subject to further discipline up to and including discharge in accordance with the Policy. Employee's Signature Date City Representative Date Lake Oswego Municipal Employees'Association(LOMEA) 63 Collective Bargaining Agreement July 1,2018—June 30,2021 9.2 04j'p` oN COUNCIL REPORT r o TO: Kent Studebaker, Mayor Members of the City Council FROM: Joel B. Komarek, P.E., Project Director, Engineering Department SUBJECT: Award a Public Improvement Contract for: 2018-2021 Pavement Management Program — 2018 Pavement Projects. DATE: July 6, 2018 COUNCIL DATE: July 17, 2018 SUGGESTED MOTION Move to award a public improvement contract with Knife River Corporation Northwest, for the 2018 Pavement Projects —Work Order 267 in the amount of$2,792,970.05. BACKGROUND On October 17, 2017, City Council approved a contract with Murraysmith to provide program management, construction management and inspection services relating to the City's ongoing efforts to improve the pavement condition of its street network. The award of that contract initiated a program approach to the planned delivery of more than $21M dollars of investment in its street network by 2021. These investments will result in the reconstruction of four major roadways in the City and rehabilitation of thousands of feet of collector and local streets. DISCUSSION On July 3, 2018, the City opened bids for the 2018 Pavement Projects. Four bids were received as noted below: Bidder Name Bid Amount Knife River Corporation Northwest $2,792,970.05 Brix Paving Northwest, Inc. $2,906,106.15 Kerr Contractors Oregon, Inc. $2,944,453.00 Pacific Excavation, Inc. $3,149,000.00 Engineer's Estimate $3,005,370 The City evaluated each bid submitted and determined the low bid submitted by Knife River Corporation Northwest, to be responsive and responsible. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us 9.2 Page 2 RECOMMENDATION Approve a public improvement contract with Knife River Corporation Northwest for the 2018 Pavement Projects —Work Order 267 in the amount of $2,792,970.05. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us 9.3 Dt'p` 4 COUNCIL REPORT AR 0 REG TO: Kent Studebaker, Mayor Members of the City Council FROM: David Powell, City Attorney SUBJECT: RESOLUTIONS 18-35 AND 18-36, EXPLANATORY STATEMENTS FOR NOVEMBER 6, 2018 GENERAL ELECTION DATE: July 10, 2018 MEETING DATE: July 17, 2018 SUGGESTED MOTION Move to adopt Resolutions 18-35 and 18-36 DISCUSSION On July 3, 2018, the City Council adopted two resolutions (18-33 and 18-34) referring proposed charter amendments to the voters at the November 6, 2018 general election and approving ballot titles. State law requires that a governing body referring a measure must also submit an "explanatory statement" for the voters' pamphlets prepared by the counties where the measure election is held. The explanatory statement is limited to 500 words, and must be "an impartial, simple and understandable statement explaining the measure and its effect." Attached resolution 18-35 approves an explanatory statement for the proposed charter amendment relating to cancellation of regular Council meetings. Resolution 18-36 approves an explanatory statement for the proposed amendment relating to posting ordinance notices. The text of the explanatory statements can be found in Section 1 of each resolution. The resolutions also direct the City Recorder to file the explanatory statements with the election departments of all three counties by the September 6, 2018 deadline. RECOMMENDATION Adopt Resolutions 18-35 and 18-36 approving explanatory statements for the two charter amendments referred to the voters at the November 6, 2018 general election. ATTACHMENTS 1. Resolution 18-35 2. Resolution 18-36 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Attachment 1 RESOLUTION 18-35 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL APPROVING FOR INCLUSION IN THE NOVEMBER 6, 2018 GENERAL ELECTION VOTERS' PAMPHLETS AN EXPLANATORY STATEMENT REGARDING THE MEASURE SUBMITTED TO THE VOTERS UNDER RESOLUTION 18-33 CONCERNING AMENDING THE LAKE OSWEGO CHARTER RELATING TO REGULAR CITY COUNCIL MEETINGS WHEREAS, The City Council has adopted Resolution 18-33, submitting to the voters of the city, at the November 6, 2018 General Election, a measure amending Section 14A of Chapter IV of the Lake Oswego Charter relating to regular Council meetings; and WHEREAS, the City Council desires to submit for the voters' pamphlets for Clackamas, Multnomah and Washington Counties an Explanatory Statement relating to that ballot measure; THE LAKE OSWEGO CITY COUNCIL RESOLVES THAT: Section 1. The following Explanatory Statement is approved for the voters' pamphlets for the November 6, 2018 general election regarding the ballot measure submitted to the voters under Resolution 18-33: This measure amends the Lake Oswego Charter. It has been referred to the voters by the Lake Oswego City Council. Under Section 14A of the Lake Oswego Charter, the City Council is required to meet at least twice each month at a time and place that the Council designates. By its ordinances and rules of procedure, the Council has designated the first and third Tuesdays of each month for its regular meetings. The Charter also allows special meetings to be called as needed. Although the Charter allows the City Council to adopt rules governing Council proceedings, it does not expressly authorize cancellation of a regular meeting if it results in fewer than two regular meetings in any particular month. If approved, this measure amends Section 14A of the Lake Oswego Charter to expressly authorize the City Council to cancel up to three regular meetings during any calendar year. This would allow the Council to take a recess for a period of time, or to cancel an occasional regular meeting if it is considered to be unnecessary. No more than two of the regular meetings canceled each year could be consecutive. It would require a majority vote of the entire City Council to cancel a regular meeting, rather than simply a majority of the Council members present. Section 14A would continue to allow special meetings or emergency meetings to be called in addition to regular meetings. Section 2. The City Recorder is directed to submit the approved Explanatory Statement to the Clackamas, Multnomah and Washington County election departments no later than the close Resolution 18-35 Page 1 of 2 of business on September 6, 2018. Section 3. This resolution is effective upon adoption. Considered and adopted at the regular meeting of the City Council of the City of Lake Oswego on the 17th day of July, 2018. AYES: NOES: EXCUSED: ABSTAIN: Kent Studebaker, Mayor ATTEST: Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: David Powell, City Attorney Resolution 18-35 Page 2 of 2 Attachment 2 RESOLUTION 18-36 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL APPROVING FOR INCLUSION IN THE NOVEMBER 6, 2018 GENERAL ELECTION VOTERS' PAMPHLETS AN EXPLANATORY STATEMENT REGARDING THE MEASURE SUBMITTED TO THE VOTERS UNDER RESOLUTION 18-34 CONCERNING AMENDING THE LAKE OSWEGO CHARTER RELATING TO POSTING NOTICES OF PROPOSED ORDINANCES WHEREAS, The City Council has adopted Resolution 18-34, submitting to the voters of the city, at the November 6, 2018 General Election, a measure amending Section 33B of Chapter VIII of the Lake Oswego Charter relating to posting notices of proposed ordinances; and WHEREAS, the City Council desires to submit for the voters' pamphlets for Clackamas, Multnomah and Washington Counties an Explanatory Statement relating to that ballot measure; THE LAKE OSWEGO CITY COUNCIL RESOLVES THAT: Section 1. The following Explanatory Statement is approved for the voters' pamphlets for the November 6, 2018 general election regarding the ballot measure submitted to the voters under Resolution 18-34: This measure amends the Lake Oswego Charter. It has been referred to the voters by the Lake Oswego City Council. Section 33 of the Lake Oswego Charter establishes the procedure for adopting city ordinances. Section 33B currently requires that written notice of a proposed ordinance must be posted at City Hall "and two other public places," and published in a newspaper of general circulation in the city at least one week before the City Council meeting at which the proposed ordinance will be considered. The notice must include the title of the proposed ordinance and the date, time and place of the Council meeting, and must state that copies of the ordinance are available in the City Recorder's Office. Although not required by the Charter, the city also publishes the ordinance notices in two places on the city's website. The city also posts all Council meeting agendas on the website. The agendas list the titles of any ordinances to be considered, include links to copies of the ordinances, and state the date, time and place of the meetings. The City also sends electronic notices of agendas to those who have requested notice of Council meetings, and publishes notices of the agendas in the LODown, an electronic newsletter sent to subscribers. Approval of this measure amends Section 33B of the Lake Oswego Charter to remove the requirement to post ordinance notices in "two other public places" in addition to City Hall. Section 33B would continue to require the city to post ordinance notices at City Hall and to publish them in the newspaper. The city Resolution 18-35 Page 1 of 2 also intends to continue its website postings and electronic notification practices. Section 2. The City Recorder is directed to submit the approved Explanatory Statement to the Clackamas, Multnomah and Washington County election departments no later than the close of business on September 6, 2018. Section 3. This resolution is effective upon adoption. Considered and adopted at the regular meeting of the City Council of the City of Lake Oswego on the 17th day of July, 2018. AYES: NOES: EXCUSED: ABSTAIN: Kent Studebaker, Mayor ATTEST: Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: David Powell, City Attorney Resolution 18-35 Page 2 of 2 11 .1 0-Pt 4 COUNCIL REPORT �a o �REGO% TO: Kent Studebaker, Mayor Members of the City Council FROM: Scot Siegel, Director of Planning and Building Services SUBJECT: Neighborhood Enhancement Program Grant Awards DATE: June 26, 2018 MEETING DATE: July 17, 2018 SUGGESTED MOTION Move to approve the 2018-2019 Neighborhood Enhancement Program (NEP) grants as recommended by the Grant Review Committee in Attachment 1. EXECUTIVE SUMMARY The NEP budget for the 2018-2019 fiscal year is $60,000.The City received 13 applications, nine from City-recognized neighborhood associations, three from homeowners associations (HOAs), and one jointly from a neighborhood association and HOA. The applications ranged from $300 for social gatherings to $43,700 for open space acquisition, totaling$97,979. The Grant Review Committee (committee) recommends full funding of ten proposals and partial funding of one proposal, for a total of$44,098 in awards. The committee does not support using NEP funds for two proposals, an open space purchase and an HOA ivy pruning effort. A summary of the proposals and the committee's recommendations are contained in Attachment 1. For the next grant cycle, the committee recommends the City review the grant criteria for social gatherings. The committee also recommends the City consider funding larger projects that may extend over more than one fiscal year. Finally, the committee recommends carrying over any unallocated or unspent funds from year to year, which could facilitate larger projects. The committee will meet in early 2019 to review the criteria for the next grant cycle. (The call for committee volunteers will precede that.) The next call for proposals will follow in March. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 DISCUSSION The purpose of the NEP is to provide funding for small neighborhood-initiated projects that provide a public benefit to the neighborhood or community. Since the program began in 1998, the City has awarded approximately$600,000 (in fifteen grant cycles) for neighborhood enhancement projects throughout the city. These projects range in size from $300 for social gatherings to $18,500 for public art jointly sponsored by three neighborhood associations. This year's Grant Selection Committee members included City Councilor John Lamotte, Budget Committee member Steve Dodds, Planning Commissioner Skip Baker, and Neighborhood Association representative Craig Stephens (Old Town NA Chair). The committee also included Jim Bateman, Street & Surface Water Superintendent, Megan Phelan, Assistant City Manager and Emergency Management Team member, and Scot Siegel, Planning and Building Services. Iris McCaleb, Planning Administrative Assistant, provided staff support to the committee. The NEP Program Guide, including the grant criteria, is provided as Attachment 2. The submitted grant proposals are in Attachment 3; this information can also be viewed at http://www.ci.oswego.or.us/planning/neighborhood-enhancement-program). Grant Criteria The following summarizes the criteria or intent of the NEP grants, though the criteria are intended to be somewhat flexible to encourage creative, cost-effective solutions: • Provide a public benefit to the Lake Oswego community. Projects providing neighborhood benefit and applied for by City-recognized neighborhood associations receive funding priority over homeowners associations and other groups. • Have neighborhood/community support. • For physical improvements, be located on public land. • Be designed for no/very low maintenance. • Not fund ongoing annual expenses of the organization (funds may be used to initiate an ongoing program or fill a temporary funding gap, but should not be used to support ongoing annual expenses). • For emergency preparedness projects, funds should generally provide shared resources to the neighborhood or community, rather than fund individual preparedness items. • For neighborhood parties, picnics and other social events, NEP funding is generally limited to $300. • Possible to complete project by June 30, 2019. The grant criteria also note that priority may be given to neighborhoods that have not previously received a grant and/or that leverage matching funds or in-kind contributions. More information can be found in the NEP Program Guide (Attachment 2); and as noted above, the committee has recommended the City review the criteria for the next grant cycle. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 3 Emergency Preparedness Projects This is the second year the Grant Review Committee has applied the NEP guidelines for neighborhood emergency preparedness projects as approved by City Council in 2016. This is a standardized list of block captain supplies that can be purchased through the NEP program, with a requirement for associated training. The community group Prep LO developed a supply list and formula for determining the supply quantity, and had the list reviewed and approved by members of the City's Emergency Management Team. Team captains are also required to sign a Team Captain Equipment Agreement outlining responsibilities, including storing supplies in an accessible location and returning equipment to the neighborhood association if no longer serving as a team captain. RECOMMENDATION Approve the 2018-2019 Neighborhood Enhancement Program grants as recommended by the Grant Review Committee in Attachment 1. ATTACHMENTS 1. Summary of Grant Proposals and Committee Recommendations 2. Neighborhood Enhancement Program Guide 3. Copy of Grant Proposals (not included due to size, please use link below to view online) Please see:https://www.ci.oswego.or.us/planning/neighborhood-enhancement-program 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 2018-2019 Neighborhood Enhancement Proposals and Review Committee Recommendations Committee Neighborhood Amount Committee Recommendation and Rationale Proposal Recommended Association Requested Amount Committee-identified process improvement for future consideration Catering and room costs for $300 Full funding.The proposal meets the criteria of public benefit and annual meeting neighborhood enhancement. It has neighborhood support as evidenced by participation in NA functions, prior Festive Front event, 1. First Addition Festive Fronts gift certificates $200 and park dedication (on public land).The annual meeting cost is Neighbors-Forest and engraved medallion $4,000 within allowance for such events. Hills NA Stafford Grove Park $3,500 *Review the guidelines on:1)grants for social gatherings, and 2) city landscaping for front section of park and basalt bench $4,000 total fees for meeting rooms when used for annual NA meetings. Full funding.The proposal meets the criteria of public benefit and neighborhood enhancement, and has neighborhood support as Neighborhood Ivy Pull and evidenced by citizen participation in prior NA ivy pulls.The$400 2. Glenmorrie NA Gathering—Various locations $800 $800 expense for the gathering (food and refreshments) exceeds the throughout neighborhood standard of$300 but is reasonable based on the expected number of participants and volume of invasive plants to be removed. *Clarify eligible expenses for volunteer work parties. Not recommended. While the committee commends Hallinan 3. Hallinan Heights NA for attempting to leverage public and private funds for Heights NA open space acquisition, it does not recommend using NEP funds for (Open Space); major capital projects due to the small size of the NEP grant program co-sponsored $43,700 (equitable distribution of funds) and the program intent which is to by McVey- (HHNA$10k; focus on existing public or quasi-public lands. Last year, the South Shore Hallinan Woods Nature Park McVey-South committee recognized the need for alternative funding for public art NA, Old Town Expansion—Private property Shore$10k;Old $0 as part of the Boones Ferry Road (BFR) Project, because the City's NA, Glenmorrie north of Hallinan Elementary at Town Na $10k; Percent for Art Program does not apply to street, pathway or utility Yates Street Glenmorrie NA 18 construction (LOC ChapterTherefore, the CityCouncil approved NA, Skylands $9k;Skylands ) pp NA, Coalition NA$5k) the jointly sponsored (Waluga, Lake Forest, Lake Grove) grant for Hallinan application of$18,500 for art along BFR. Where NEP funds are used Woods Nature in a park or natural area, examples of potentially eligible projects are: Park trailhead/entrance improvements, landscaping, interpretative signs, art, pathways, and similar neighborhood enhancements. ATTACHMENT 1 2018-2019 Neighborhood Enhancement Proposals and Review Committee Recommendations Committee Neighborhood Amount Committee Recommendation and Rationale Proposal Recommended Association Requested Amount Committee-identified process improvement for future consideration Full funding.The proposal meets the criteria of public benefit and 4. Hallinan Hallinan Heights Neighborhood neighborhood enhancement.The proposal is also within the cost Heights NA $300 $300 allowance for such events. (Event) Picnic/Ice Cream Social *Review the guidelines on grants for social gatherings. Partial funding.The committee recommends full funding for the proposed First Aid/CPR training and emergency supplies. In the last four years,the Lake Forest NA has created a strong emergency 5. Lake Forest NA preparedness program,which includes quarterly training sessions for response team captains.The requested supplies are consistent with Emergency Preparedness: the NEP guidelines. The committee does not recommend funding for the Team Captain Level 2 Supplies $708 $708 AEDs/defibrillators and power generators, as this is inconsistent with the NEP guidelines.This is expensive equipment, which would be Equipment (AEDs, Generators $6,480 $0 stored in private residences and require ongoing maintenance. with Fuel Cans) Generators, once operated, must be oiled and operated periodically. AEDs must be tested annually, and AED pads (—$45/set) and batteries Training (for 23 people) $2,780 $2,780 ("'$140/each) must be replaced periodically. Unless and until the City is prepared to fund this type of equipment and maintain the $9,969 total $3,488 total equipment for all city-recognized neighborhood associations (provided the equipment is properly stored and maintained),the committee does not recommend using NEP funds for AEDs or generators. Full funding.The requested supplies are consistent with the NEP 6. Lakewood NA Emergency Preparedness $1,113 $1,113 guidelines for emergency preparedness.The proposal identifies Supplies and Storage Boxes specific locations (easement areas adjacent to public streets)where the supplies would be stored. 2 ATTACHMENT 1 2018-2019 Neighborhood Enhancement Proposals and Review Committee Recommendations Committee Neighborhood Amount Committee Recommendation and Rationale Proposal Recommended Association Requested Amount Committee-identified process improvement for future consideration Full funding. This proposal to plant 13 street trees will benefit the public and enhance the neighborhood.The project follows a prior 7. Meadows HOA Street Tree Replacement— NEP grant in 2016 in which the city removed trees and replaced a (endorsed by Hastings Place, Hastings Drive, $3,000 $3,000 section of sidewalk that became a tripping hazard. New trees shall be Westlake NA) Denton Drive,Winthrop Court selected in consultation with the city arborist to ensure "right tree- right place."The HOA/property owners will be responsible for maintaining the trees. Full funding: Preakness Park is an open space adjoining Tanglewood Park(also a private open space), both managed by the Mountain Park HOA.The project consists of a natural playground, landscaping, pathway and storm drainage improvements. It will benefit the public by enhancing the appearance of the park (viewed from the public 8. Mountain Park right-of-way),water quality(headwaters of Springbrook Creek), and HOA(endorsed Preakness Park Enhancement $g 464 $9,464 wildlife habitat(native plants).The project also provides play space, by Mountain Project benches and pathways for area residents. (Mountain Park provides Park NA) open space for over 8,500 Lake Oswego residents.)The grant is for approximately 50%of the project, as the HOA is matching with in- kind labor and equipment estimated at $9,285. *Clarify the NEP guidelines regarding public benefit where funds are used to enhance private open spaces. Full funding.This project will benefit the public and enhance the Westlake Drive Planter Strip neighborhood by improving the appearance of Westlake Drive.The Drought Tolerant Landscape area contains several HOAs, some of which are inactive. Providing a 9. Oak Creek NA Improvements on west side of $381 $381 consistent landscape treatment, even if minimal,will improve Westlake, between Southwood (corrected) streetscape appearance and allow for more efficient maintenance by Drive and Lesser Road the abutting property owners.The ground cover and "drought- tolerant" plants selected for this project will be coordinated with the city's maintenance supervisor to ensure they are not in conflict with city street operations and maintenance. 3 ATTACHMENT 1 2018-2019 Neighborhood Enhancement Proposals and Review Committee Recommendations Committee Neighborhood Amount Committee Recommendation and Rationale Proposal Recommended Association Requested Amount Committee-identified process improvement for future consideration Full funding.The committee supports this project,which would improve streetscape appearance along the east side of Westlake Drive, and improve watershed health by reducing the need for fertilizer and pesticides (and discouraging pet waste) in an area with storm drainage facilities and wetlands.A landscape consisting of Watershed Enhancement and native plants also conserves energy and reduces noise in the Planter Strip: Replace portion neighborhood because it does not require mowing. Native plants 10. Oak Creek NA of lawn with native, drought may also improve wildlife habitat.The NA has confirmed that the tolerant, "no-mow" grasses and and Brighton wildflower mix along the $3,624 $3,624 grant request is for materials only and residents will be responsible HOA drainage swales adjacent to for irrigating and maintaining the plants until they are established. The HOA is separately funding$1,113 in landscape enhancements Westlake Drive. Add shrubs near the entrance monument at the corner of Southwood and adjacent to detention pond. Westlake, and will be responsible for watering and maintaining the landscapes. *Clarify the NEP guidelines regarding public benefit where funds are used to enhance private open spaces. Not recommended. This project is proposed on an HOA common area that is highly visible from three public streets, but the committee does not recommend funding for landscape maintenance Ivy Pruning, including removal projects. Staff spoke with the applicant about revising the proposal 11. Sterling from trees and shrubs, within to provide for ivy removal, instead of pruning, over a multi-year HOA common area abutting $3,700 $0 phased project.The HOA president replied, "Unfortunately at this Heights HOA Westlake Drive, Kingsgate, and time, the Board does not think the homeowners have the appetite to Melrose. embark upon the great unknown of ripping out and replacing the ivy, without a much researched, studied and discussed plan... We just need more information and homeowner input before we can go down that road." 4 ATTACHMENT 1 2018-2019 Neighborhood Enhancement Proposals and Review Committee Recommendations Committee Neighborhood Amount Committee Recommendation and Rationale Proposal Recommended Association Requested Amount Committee-identified process improvement for future consideration Refreshments and Supplies for $350 Full funding.The request is consistent with the NEP guidelines for NA Meetings, including work emergency preparedness and community events, and the requested parties 12. Waluga NA $728 supplies would be used for more than one event/work party. Emergency Prep $378 *Review the guidelines on grants for social gatherings. Trauma Kit for 50 $728 total 13.Westridge NA Full funding.The proposed pathway project will benefit residents of and Blue Westridge Paths Restoration at $17 200 $17 200 the surrounding neighborhood by providing direct and convenient Heron NA Westridge Elementary ways for pedestrians to get around and through Westridge Elementary.The proposed grant amount is based on the low bid. Amount Available $60,000 Total Amount Requested $97,979 Total Amount Recommended $44,098 Amount Remaining $15,902(The committee recommends carrying over any unallocated funds.) 5 ATTACHMENT 2 Neighborhood Enhancement Program Guide (Updated) 2018-19 What is the Neighborhood Enhancement Program? The Neighborhood Enhancement Program (NEP) supports neighborhoods by providing grants for projects or programs that provide a community benefit. Through a competitive application process, the City Council awards grants to qualifying organizations for specific projects or programs that can be implemented within a one-year time frame and provide a public benefit to the Lake Oswego community. Grant Criteria Qualifying projects must: 1. Provide a public benefit to the Lake Oswego community. Projects providing neighborhood benefit and applied for by City-recognized neighborhood associations will receive funding priority over homeowners associations and other groups. 2. Have neighborhood/community support. 3. For physical improvements, be located on public land. 4. Be designed for no or low maintenance (and will be maintained by volunteers). 5. Not fund ongoing or annual expenses of the organization (funds may be used to initiate an ongoing program or fill a temporary funding gap, but should not be used to support ongoing or annual expenses). 6. For emergency preparedness projects, provide shared resources to the neighborhood or community, rather than fund individual preparedness items. 7. For neighborhood parties, picnics and other social events, funding is generally limited to $300. 8. Be completed and expenses incurred through June 30, 2019, the end of the grant cycle. Submit all invoices and/or requests for reimbursement to the City no later than July 12, 2019. Provide the City with a project report, due by August 30, 2019. Include pictures if applicable. We like to brag about our neighborhoods! Qualifying projects in neighborhoods that have not previously received a grant may receive priority over neighborhoods that have received past NEP awards. Projects that leverage matching funds or in-kind contributions may also be prioritized. 2018-19 Neighborhood Enhancement Program Guide Page 1 of 5 ATTACHMENT 2 Available Funds The City's proposed funding for the Neighborhood Enhancement Program is projected at $60,000 for the 2018-19 fiscal year. The City Council will adopt the 2018-19 fiscal year budget in May-June. Grant awards will generally be limited to $10,000 per neighborhood, however, larger project amounts will be considered. Neighborhood associations/community organizations may partner with one another to combine grant funds and apply for a larger project (two groups: $20,000). PLEASE NOTE THAT UNUSED FUNDS ARE NOT TRANSFERRABLE TO FUTURE GRANT CYCLES DUE TO BUDGETARY REASONS. IF UNEXPECTED CIRCUMSTANCES PREVENT PROJECTS FROM BEING COMPLETED,APPLICANTS SHOULD RESUBMIT THEIR PROJECTS DURING THE NEXT GRANT APPLICATION CYCLE. Who Can Apply? Eligible grant recipients include: ■ City-recognized neighborhood associations (NA) ■ Homeowners associations (HOAs) ■ Community groups that are based in and serve the Lake Oswego community o Community Groups and HOAs located within a City-recognized neighborhood association must have sponsorship from the neighborhood association where the project is located. Groups requesting neighborhood association sponsorship should contact the association with a 30-day request for consideration, and NA board approval must be submitted with the application. Project implementation should also be coordinated with the NA as an opportunity to build community partnerships. Neighborhood association maps and contact lists can be found online at: http://www.ci.oswego.or.us/planning/neighborhood-associations Potential Projects Applicants must demonstrate that their project meets the grant criteria outlined on page one, with the goal of providing a benefit to the community. Within these parameters, the City welcomes creative project ideas that will implement neighborhood and community goals, build community pride, leverage volunteer efforts, and create partnerships. Groups that are interested in applying for a grant are required to review their project with the grant program coordinator prior to application submittal, and are strongly encouraged to contact the coordinator early in the process to discuss initial ideas. Following is a list of project ideas that have been implemented in past years and/or support the community benefit criteria. Applicants are not limited to these projects, but are encouraged to review the list for inspiration. 2018-19 Neighborhood Enhancement Program Guide Page 2 of 5 ATTACHMENT 2 ■ Small Capital Projects, such as playground improvements, park kiosks, outdoor benches, or streetlights. ■ Public Art, such as purchase/installation of a sculpture for a prominent location in a neighborhood, as part of the City's permanent art collection. ■ Wooden Neighborhood Signs, up to two per neighborhood, to strengthen neighborhood identity. ■ Emergency Preparedness, such as creating a neighborhood directory, or training neighborhood block representatives in emergency response. Emergency preparedness projects should generally be designed for neighborhood or community-wide benefit rather than providing preparedness supplies to individual households. Some individual items may be considered if paired with training or as an event tie-in. ■ Neighborhood Sustainability such as holding a recycling event for electronics, furniture, appliances, oversized plastic, etc.; or creating a community tool library. ■ Community Building projects such as events to build relationships, get more people involved in the neighborhood, help build partnerships between neighborhood organizations, or help underserved populations. ■ **UPDATED** Invasive Plant Removal and New Plantings, such as removing ivy from trees in the public right-of-way, on park land, or common HOA dedicated open space, planting native plants, or planting new street trees (see staff for additional materials if proposing street trees) may be eligible. The City has a natural resource specialist who can advise as to whether the project is eligible for the habitat enhancement program, a separate program for work associated with designated natural resource areas, or if a NEP grant might be more appropriate. Please contact Planning for more information. Steps in Developing a Project 1. Brainstorm project ideas. After carefully reviewing the grant application materials, think about the needs and goals of your association, your neighborhood, or the community. Make a list of potential project ideas. 2. Check in with the_gw_jiprogram coordinator/planner to discuss the project and any ideas. A discussion with City staff is a pre-requisite to submitting an application. Staff can advise on the project's scope, provide resources, help to ensure the application meets the criteria of the grant program and is complete, as well as identify additional review and coordination that may be needed by other City departments. 3. Obtain support for this idea from a City-recognized neighborhood association board. Present the idea and determine if there is support from the neighborhood association, before moving forward.This support must be documented in your application submittal. 4. Define the project scope. Think through the project goals and necessary follow-through. Make a timeline and list of activities needed to accomplish your project. Consider if there 2018-19 Neighborhood Enhancement Program Guide Page 3 of 5 ATTACHMENT 2 are members of your neighborhood group who can assist with relevant professional experience. City staff may also be able to offer advice, direct you to resources, or put you in touch with other community members who can advise you. 5. Determine resources needed. Develop a list of all the resources and funding needed at each step of the process. As you consult with City staff, you are likely to learn of some additional items that may be needed. 6. Obtain Bids. For goods purchased (e.g., bench) or service work (e.g., landscaping) that is more than $5,000 from a single vendor/contractor, the applicant should get three bids or provide justification for obtaining less than three bids. For professional services (e.g., graphic design), and other work amounting to $5,000 or less, the applicant is not required to obtain three bids, but is encouraged to get competitive bids. 7. Submit application. Applications are due May 1, 2018, so plan your neighborhood association meeting(s) to allow enough time for the required neighborhood association approval and City staff review. Pre-requisites 1. Applicant has a designated project coordinator. This person will be the designated contact for City staff, and will be responsible for submitting invoices for grant funds, and a brief summary of the grant result once the project is complete. 2. For neighborhood signs, the project is located on public land in a location approved by the City's Public Works Department. 3. Applicant has reviewed the proposal with City staff prior to submitting the application. 4. A neighborhood association and/or HOA has provided a letter of support, to be submitted with the NEP application. 2018-19 Neighborhood Enhancement Program Guide Page 4 of 5 ATTACHMENT 2 Timeline March 9, 2018 Grant cycle opens for the 2018-19 Neighborhood Enhancement Program May 1, 2018 Applications due by 5:00 pm July 2018 City Council awards grants August 2018—June 2019 Project implementation June 30, 2019 Grant completion deadline (all expenses must be incurred by June 30, 2019) July 12, 2019 Deadline for submitting all invoices for payment and/or requests for reimbursement to the City August 30, 2019 Project Report deadline How Can A Neighborhood Association or Group Apply? The program guide and application are available on the city's website, use this link: https://www.ci.oswego.or.us/planning/neighborhood-enhancement-program-grants Contact the Planning Department at 503-635-0290 or neighborhoods@lakeoswego.city for more information or to discuss your project ideas. Staff assistance is available as organizations plan their project and gather resources. After reviewing the Program Guide and talking with staff, fill out an Application Form and submit it along with supporting documentation no later than Tuesday, May 1, 2018. 2018-19 Neighborhood Enhancement Program Guide Page 5 of 5 11 .2 COUNCIL REPORT 0 OREGON TO: Kent Studebaker, Mayor Members of the City Council FROM: Ivan Anderholm, Parks and Recreation Director SUBJECT: Stevens Property Acquisition DATE: July 9, 2018 MEETING DATE: July 17, 2018 ACTION Authorize the City Managerto sign a Purchase and Sale Agreement to acquire 5 acres of parkland directly south of Stevens Meadow. BACKGROUND The Parks Department was approached bythe owners of a 5 acre parcel directly south of Stevens Meadow,1551 SW Childs Road,offeringto sell itforpark use in 2017. The Department entered into an agreement with Metro to negotiate a purchase price and perform due diligence on the possible acquisition. The attached Purchase and Sale Agreement(PSA)reflects the negotiations. Upon executed PSA,due diligencewilI commence including;property inspection,appraisal and review,examination of existing leases,Phase 1 environmental,sewer/watersystem inspections. DISCUSSION The property is uniquely situated to nearly complete public ownership of Pecan Creekfrom its headwaters to the Tualatin River,insuring protection and eventual restoration of this important resource. The entire property will be protected through a Metro Conservation Easement.The western two thirds of the property will be restricted to habitat restoration and enhancement,the eastern third will allowforthe development of park supportingfacilities;parking,restroom,kiosk,stormwater management,enhancing access to the property,Stevens Meadow and Cooks Butte Park. The property is accessible by vehicles from Childs Road. The Parks and Recreation Department envisions eventual development of a trail head similarto the trail head for the Stafford Basin Trail on the Brock Property. FISCAL IMPACT The cost of the acquisition is$700,000, Metro will contribute$233,333(one third)the City will be responsible for$466,667(two thirds). Staff recommendsfundingthe acquisition as follows;$350,000 from SDC's and$116,667 from the sale of the Kruse Way property. RECOMMENDATION Authorize the City Managerto sign a Purchase and Sale Agreement forthe real property at 1551 SW Childs Road. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 ATTACHMENTS 1. Area Map 2. Purchase and Sale Agreement 3. Conservation Easement 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Attachment 1 Stevens Property Area Map u-Ifr _ I v �, c -•!} Luscher m C 0 .-;-? co] 1111041,11Pair .. z.?" Butte PM I ti�X / . S -Y= I Dr -. . J t. Subject property - -I r L _ 1 .-i •r Pecan Pecan Creek c, Natural Area ^,l aturalArea — — ,. ( ._ _ _ Zrvn y Ln — I G •n Creek DY_ al Area ,, 1 4J-A I 800.0 0 400.00 800.0 Feet This product is for informational purposes only and may not have been prepared for or be suitable for legal, I Iengineering,or surveying purposes. Users of this information should review, or consult, the primary data and information sources to ascertain the usability of the information. This map represents the best data available at the time of publication. While reasonable effort has been made to insure the accuracy of the information shown on this ��Z�ZO�$ page,the City of Lake Oswego assumes no responsibility,or liability,for any errors, omissions or use of this information. Attachment 2 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT(this"Agreement") is made and entered into as of the last date of signature indicated below(the"Effective Date"),by and between Stevens Family Enterprises, LLC, an Oregon limited liability company("Seller"), and the City of Lake Oswego, an Oregon municipal corporation ("City"). RECITALS A. Seller is the owner of approximately 5 acres of real property,together with all the improvements thereon and all rights appurtenant thereto(including but not limited to access rights,timber rights,water rights, grazing rights, development rights and mineral rights), located at 1551 SW Childs Rd in the County of Clackamas, State of Oregon, commonly known as Tax Parcel 400 in Section 21 of Township 2 South, Range 1 East, of the Willamette Meridian, and more particularly described on the attached Exhibit A(the"Property"). B. City is an Oregon municipal corporation that owns and operates a system of parks and greenspaces. City is a qualified recipient of deductible charitable contributions under I.R.C. § 170(b)(1)(A)(v)and§ 170(c)(1). C. City desires to purchase from and accept any partial donation of the Property from Seller, and Seller desires to sell, donate and convey to City, all right,title and interest in the Property. D. The terms of this Agreement are as follows: TERMS 1. Purchase and Sale. Seller agrees to sell, donate and convey to City, and City agrees to purchase (and accept any partial donation of)the Property(the"Donation Value")from Seller,upon the terms and conditions set forth below in this Agreement. 2. Purchase Price. Subject to the appraisal condition set forth in Section 6.1.1 below,the cash portion of the Purchase Price for the Property is SEVEN HUNDRED THOUSAND DOLLARS ($700,000), payable as follows: 2.1. Earnest Money Deposit. Within fifteen(15) days after execution of this Agreement, City will deposit into escrow with WFG National Title Insurance Company(the"Title Company")the sum of $10,000(the"Earnest Money"). The term"Earnest Money"includes all interest earned thereon. At Closing,the Earnest Money will be credited toward payment of the Purchase Price. 2.2. Balance of Purchase Price. On or before the Closing Date(as hereafter defined), City will deposit into escrow with the Title Company the balance of the Purchase Price and accept the Donation Value from the Seller. 3. Closing Date. This transaction will close no later than ninety(90)days after the Effective Date of this Agreement,unless otherwise extended as set forth herein(the"Closing Date" or"Closing"). Closing will occur at the office of the Title Company, located at 25 NW 23rd Place, Suite 1, Portland, Oregon 97210. As required by ORS 311.411 taxes must be paid in full prior to Closing because City is an exempt entity; the Title Company will request a tax certification from the County Tax Assessor to be recorded with the Deed, and recording will occur after the certificate is issued by the Assessor. The parties must have all documents and funds in escrow by the Closing Date. Page 1 Purchase and Sale Agreement—Stevens Family Enterprises,LLC v6 4. City's Title Review. 4.1. Title Report; Unacceptable Exceptions. City has obtained a preliminary title report on the Property from the Title Company, along with legible copies of all plats and exceptions documents referenced in such report(the"Title Report"). City will have forty-five(45)days following the Effective Date to review the Title Report and give Seller written notice of the exceptions listed in the Title Report that are unacceptable to City(the"Unacceptable Exceptions"). Mortgages, delinquent taxes, or other financial obligations secured by the Property are automatically deemed Unacceptable Exceptions. If City notifies Seller of any Unacceptable Exceptions, Seller will thereafter have fifteen(15) days to give City written notice that Seller will remove the Unacceptable Exceptions from title to the Property prior to Closing(at Seller's sole cost and expense)or that Seller will not remove the Unacceptable Exceptions. Seller's failure to deliver such notice will be deemed to mean that Seller will not remove the Unacceptable Exceptions. If Seller elects not to remove any of the Unacceptable Exceptions or does not respond to the City's notice of Unacceptable Exceptions, and City is not then satisfied with the condition of title, City may elect to terminate this Agreement, in which event the Earnest Money will be returned to City. 4.2. Failure to Deliver Clean Title at Closing. If Seller fails to eliminate any Unacceptable Exception by the Closing Date that it has agreed to remove,then City may,without limiting any of its otherwise available remedies, elect to either(a)accept title to the Property subject to such exceptions, (b) refuse to accept the Property and terminate this Agreement, in which case the Earnest Money will be refunded to City, or(c) if Seller agrees in writing, extend the Closing Date for a period of forty-five (45) days to provide Seller with additional time to remove such exceptions. If City elects option(c)and at the end of the 45-day period such exceptions have not been removed, City may then elect to proceed in accordance with either option(a) or(b)described above. 4.3. Permitted Exceptions. All exceptions other than the Unacceptable Exceptions are deemed acceptable to City(the"Permitted Exceptions");provided, however,that in no event will mortgages, delinquent taxes,or other financial obligations secured by the Property be deemed Permitted Exceptions. Should the Title Company inform City of any new title exceptions not appearing on the initial Title Report, such new exceptions will be deemed Unacceptable Exceptions, unless specifically accepted in writing by City. 4.4. Conservation Easement to Metro. At Closing, City will grant to Metro a Conservation Easement in the form attached as Exhibit B to this Agreement(the"Conservation Easement"),and the same will be recorded simultaneously with(or immediately after)recordation of the Deed as part of the Closing. The Conservation Easement will be a Permitted Exception. 5. City's Due Diligence and Inspections. 5.1. Seller's Delivery of Documents. Within fifteen(15) days after the Effective Date, Seller must deliver to City any and all material information and documentation in Seller's possession or control pertaining to the Property(the"Due Diligence Documents"). The Due Diligence Documents include (without limitation) copies of(a)all environmental data, studies, analyses, and reports relating to the Property or any neighboring property, (b)any existing survey of the Property, (c)any existing leases, boundary agreements,road maintenance agreements,or other contracts relating to all or a portion of the Property, including a copy of the lease of the residence on the Property(the"Existing Lease"), (d)all topographical, geotechnical,wetlands, soils, and groundwater reports, or any other professional reports relating to the Property, (e)any well logs or water right certificates or permits relating to the Property, and (f)copies of any government permits, land use approvals or conditions, or zoning restrictions affecting Page 2 Purchase and Sale Agreement—Stevens Family Enterprises,LLC v6 the Property. If Seller is aware of the existence of any material information or documentation pertaining to the Property that is not in Seller's possession or control, Seller must notify City of the existence of such information within fifteen(15) days after the Effective Date or two (2)business days after learning of such information. Should Seller fail to timely provide City with any Due Diligence Documents, City may, at City's sole discretion, extend the Closing Date for a period not to exceed twenty(20)days so that City may have adequate time to review such additional documentation. 5.2. Property and Environmental Inspections. City and its agents, including but not limited to consultants, surveyors, engineers,home inspectors,appraisers, and other professionals hired by City,will have the right to access the Property to conduct environmental studies(including Phase I and Phase II Environmental Site Assessments), structural inspections, sewer and septic system sampling, asbestos and lead testing, and any other due diligence City deems necessary or desirable. Seller will cooperate with City in making such inspections. City and its agents will have the right to enter the Property at reasonable times before Closing to perform such surveys, analyses, studies, appraisals, and other due diligence that City deems necessary or desirable; provided, however,that City must give Seller forty-eight(48)hours notice prior to entering any residence located on the Property. Any area disturbed by City's inspections will be restored by City, at City's sole costs and expense,to substantially its pre-inspection condition. 5.3. AS IS. Except for the representations and warranties set forth in this Agreement, Seller will convey the Property to the City in its present condition in an"as-is/where-is"condition,with no representations regarding the condition of the Property or the improvements. 6. Conditions Precedent to Closing. 6.1. Conditions Precedent to City's Obligations. In addition to any other conditions contained in this Agreement,the conditions set forth in this Section 6.1 must be satisfied prior to City's obligation to acquire the Property. These conditions are intended solely for City's benefit and City has the sole right and discretion to waive,by written notice, any of the conditions. In the event any condition is not satisfied or waived on or before Closing,City will have the right to terminate this Agreement, in which event the Earnest Money will be promptly returned to City. 6.1.1. Appraisal. The cash portion of the Purchase Price for the Property must be supported by an independent MAI appraisal (subject to no extraordinary assumptions)and an independent review of such MAI appraisal. City will contract for, and pay the cost of obtaining,the independent MAI appraisal and the appraisal review. Both the MAI appraisal and the appraisal review must be completed in accordance with current Uniform Standards of Professional Appraisal Practice("USPAP") and generally accepted appraisal standards. 6.1.2. Due Diligence and Inspection Results. City must be satisfied, in its sole and absolute discretion,with its review of the Due Diligence Documents,the Property, and the results of City's inspections of the Property conducted under Section 5.2 above. If City gives notice to Seller prior to the Closing Date that City is not satisfied with the Property due to the results of its due diligence and inspections under Section 5,the Closing Date will be automatically extended for a period of forty-five (45) days so that Seller and City may address such results. If at the end of the 45-day period, City and Seller have not reached an agreement regarding the issues disclosed as a result of such due diligence and inspections,then this Agreement will automatically terminate and the Earnest Money will be refunded to City. 6.1.3. Title. At Closing(a) Seller will convey fee simple title to the Property to City in accordance with Section 7.1.1, and(b)the Title Company must be committed to issue to City the Title Policy described below in Section 9. Page 3 Purchase and Sale Agreement—Stevens Family Enterprises,LLC v6 6.1.4. Metro Funds. Metro must have deposited funds in escrow with the Title Company as payment to the City for the Conservation Easement. 6.1.5. City Council Approval. This Agreement,the transaction contemplated herein, and City's obligations hereunder are expressly conditioned upon the formal approval by the Lake Oswego City Council,by resolution, of the purchase of the Property and the terms and conditions set forth in this Agreement. 6.1.6. Representations, Warranties, and Covenants of Seller. Seller will have performed all of its obligations hereunder, and Seller's representations and warranties set forth in this Agreement must be true, complete and correct as of the Effective Date and as of the Closing Date. 6.1.7. No Material Changes. At Closing,there will have been no material adverse changes related to or connected with the Property. 6.1.8. Seller's Deliveries. Seller must have timely delivered each item to be delivered by Seller pursuant to this Agreement, including(without limitation)the documents and materials described below in Section 7.1. 6.1.9. Removal of Personal Property and Debris. Subject to the rights of the tenants under the Existing Lease, Seller will have removed or have caused to be removed from the Property, at Seller's sole cost and expense, any and all personal property and/or trash,rubbish, debris, illegally dumped materials or illegal fill materials. 6.2. Conditions Precedent to Seller's Obligations. Closing and Seller's obligations with respect to the transactions contemplated by this Agreement are subject to: (a)the City's delivery to the Title Company on or before the Closing Date of(i)the Purchase Price and(ii)the documents and materials described below in Section 7.2; and(b)recordation of the Conservation Easement simultaneously with(or immediately after)recordation of the Deed. 6.3. Cancellation Fees and Expenses. In the event the escrow terminates because of the failure of any condition for a reason other than the default of Seller under this Agreement, City will pay the cancellation charges required to be paid to the Title Company. In the event this escrow terminates because of Seller's default, Seller will pay the cancellation charges required to be paid to the Title Company. 7. Deliveries to the Title Company. 7.1. By Seller. On or before the Closing Date, Seller must deliver the following into escrow with the Title Company: 7.1.1. Deed. A Statutory Warranty Deed(the"Deed"), duly executed and acknowledged in recordable form by Seller, conveying the Property to City free and clear of all liens and encumbrances except the Permitted Exceptions accepted by City pursuant to Section 4 above. The Title Company's usual,preprinted exceptions(typically listed as general exceptions 1 through 5 on the Title Report)will not be listed as exceptions on the Deed. 7.1.2. Assignment and Assumption of Existing Lease. An assignment and assumption of the Existing Lease, duly executed by Seller(the"Assignment"),by which Seller will (a) assign the Existing Lease to City, (b) agree to defend, indemnify, and hold City harmless from all claims under the Existing Page 4 Purchase and Sale Agreement—Stevens Family Enterprises,LLC v6 Lease while Seller owned the Property, (c)represent that the terms of the Existing Lease are unmodified and in full force and effect, and(d)represent that Seller is unaware of any defaults under the Existing Lease. 7.1.3. Proof of Authority. Such proof of Seller's authority to enter into this Agreement and consummate the transaction contemplated hereunder, as may be reasonably required by the Title Company and/or City. 7.1.4. Lien Affidavits. Any lien affidavits or mechanic's lien indemnifications as may be reasonably requested by the Title Company in order to issue the Title Policy. 7.1.5. Other Documents. Such other fully executed documents and funds as are required of Seller to close the sale in accordance with this Agreement, including(without limitation) escrow instructions. 7.2. By City. On or before the Closing Date, City must deliver the following into escrow with the Title Company. 7.2.1. Purchase Price. The Purchase Price, in accordance with Section 2 above. 7.2.2. Assignment and Assumption of Existing Lease. The Assignment, duly executed and acknowledged by City. 7.2.3. Conservation Easement. The Conservation Easement, duly executed and acknowledged in recordable form by City and by Metro,together with instructions to the Title Company that the Conservation Easement is to be recorded simultaneously with(or immediately following)the Deed. 7.2.4. Proof of Authority. Such proof of City's authority to enter into this Agreement and consummate the transaction contemplated hereunder, as may be reasonably required by the Title Company and/or Seller. 7.2.5. Other Documents. Such other fully executed documents and funds as are required of City to close the sale in accordance with this Agreement, including(without limitation) escrow instructions, including the Internal Revenue Service Form 8283 identified in Section 21, if such form is provided to the City by Seller at Closing. 8. Deliveries to City at Closing. At Closing, Seller will deliver to City(i)exclusive possession of the Property subject to the Existing Lease, and(ii)keys to all improvements and personal property located on the Property. 9. Title Insurance. At Closing, Seller will cause the Title Company to issue to City a standard ALTA owner's title insurance policy in the full amount of the Purchase Price, insuring fee simple title vested in City or its nominees, subject only to the Permitted Exceptions as established under Section 4 of this Agreement(the"Title Policy"). 10. Closing Costs. Seller will pay for the Title Policy, one-half of all escrow fees, any real property transfer or excise taxes, all recording charges other than those allocated to City below, and Seller's share of prorations pursuant to Section 11,below. City will pay the cost of recording the Deed and the Conservation Easement, one-half of all escrow fees, and City's share of prorations pursuant to Section 11, below. City and Seller each will pay for its own legal and professional fees incurred. All other costs and Page 5 Purchase and Sale Agreement—Stevens Family Enterprises,LLC v6 expenses are to be allocated between City and Seller in accordance with the customary practice in the county where the Property is located. 11. Prorations and Taxes. 11.1. Prorations. Any and all state, county, and/or city taxes for the current year,rents, or other income or operating expenses pertaining to the Property will be prorated between Seller and City as of the Closing Date. 11.2. Taxes and Assessments. All taxes, assessments, and encumbrances that will be a lien against the Property at Closing will be satisfied by Seller at Closing. If Seller fails to do so, City may pay any such tax, assessment, encumbrance or other charge and deduct an amount equal to any such payment from the Purchase Price. If the Property is subject to farm, forest or a combination of farm and forest deferred taxes, Seller will have no obligation or responsibility for said deferred taxes, unless the Property becomes disqualified for or loses its deferred tax status as a result of Seller's actions prior to Closing in which case such taxes will be Seller's responsibility. 12. Seller's Representations and Warranties. Seller hereby warrants and represents to City the following matters, and acknowledges that they are material inducements to City to enter into this Agreement. Seller agrees to indemnify, defend, and hold City harmless from all expense, loss, liability, damages and claims, including(without limitation) attorney's fees, arising out of the breach or falsity of any of Seller's representations, warranties, and covenants, which indemnity will survive the Closing. These representations and warranties will survive Closing. Seller warrants and represents to City that the following matters are true and correct, and will remain true and correct through Closing: 12.1. Authority. Seller has full power and authority to enter into this Agreement(and the persons signing this Agreement for Seller, if Seller is not an individual, have full power and authority to sign for Seller and to bind it to this Agreement) and to sell,transfer and convey all right,title, and interest in and to the Property in accordance with this Agreement. No further consent of any partner, shareholder, creditor, investor,judicial or administrative body, governmental authority, or other party is required. 12.2. Hazardous Substances. For purposes of this Agreement, the term "Hazardous Substances"has the meaning defined in and includes those substances set forth in ORS 465.200. Seller warrants and represents as follows: (a) To Seller's knowledge,there are no Hazardous Substances in,upon, or buried on or beneath the Property and no Hazardous Substances have been emitted or released from the Property in violation of any environmental laws of the federal or state government; (b) To Seller's knowledge, Seller has not brought onto, stored on,buried, used on, emitted or released from, or allowed to be brought onto, stored on, buried,used on, emitted,released from, or produced or disposed of, from, or on the Property, any Hazardous Substances in violation of any environmental laws of the federal or state government; (c) To Seller's knowledge,no underground storage tanks are located on the Property, including (without limitation)any storage tanks that may have at one time contained any Hazardous Substances; (d) To Seller's knowledge,the Property is materially in compliance with applicable state and federal environmental standards and requirements affecting it; Page 6 Purchase and Sale Agreement—Stevens Family Enterprises,LLC v6 (e) Seller has not received any notices of violation or advisory action by regulatory agencies regarding environmental control matters or permit compliance with respect to the Property; (1) To Seller's knowledge, Seller has not transferred, and to Seller's knowledge no other person has transferred, Hazardous Substances from the Property to another location that is not in compliance with applicable environmental laws,regulations, or permit requirements; and (g) There are no proceedings, administrative actions, or judicial proceedings pending or,to Seller's knowledge, contemplated under any federal, state, or local laws regulating the discharge of hazardous or toxic materials or substances into the environment. 12.3. Encroachments. To Seller's knowledge(a) all structures and improvements, including any driveways and accessory structures, are wholly within the lot lines of the Property, (b)no existing building, structure, or improvement of any kind encroaches upon the Property from any adjacent property, and(c)there are no present or past discrepancies or disputes regarding the boundaries of the Property. 12.4. Rights and Contracts Affecting Property. Except for this Agreement and the Existing Lease, Seller has not entered into any other contracts for the sale of the Property,nor do there exist any rights of first refusal or options to purchase the Property. Except for those exceptions of record listed on the Title Report, Seller owns the Property in fee, free and clear of all liens, conditions,reservations,mortgages, leases, licenses, easements,prescriptive rights,permits, or other similar encumbrances. Seller has not sold,transferred, conveyed, or entered into any agreement regarding timber rights,mineral rights, water rights, "air rights", or any other development or other rights or restrictions relating to the Property, and to Seller's knowledge no such rights encumber the Property. There are no service contracts or other agreements pertaining to the Property that will bind the Property or City on or after the Closing. 12.5. Possession. Except as specifically set forth in this Agreement,there are no leases, licenses, or other agreements permitting,nor has Seller entered into any course of conduct that would permit, any person or entity to occupy or use any portion of the Property. Subject to the tenant's rights under the Existing Lease, Seller will deliver immediate and exclusive possession of the entire Property to City at Closing. 12.6. Reforestation. The Property is not subject to any pending or delinquent reforestation requirements and Seller has complied with all applicable reforestation requirements. In accordance with Section 5, Seller will deliver copies of any notices, agreements, or other documents related to past, present, or future reforestation of the Property. 12.7. Recitals. The statements and information set forth in the Recitals are true and correct. 12.8. No Legal Proceedings. There is no suit, action, arbitration,judgment, legal, administrative, or other proceeding, claim, lien, or inquiry pending or threatened against the Property or against Seller (nor is there any basis for any such proceeding)that could(a) affect Seller's right or title to the Property, (b) affect the value of the Property, or(c)subject an owner of the Property to liability. 12.9. Mechanic's and Other Liens. No work on the Property has been done or materials provided that would give rise to actual or impending mechanic's liens,private liens, or any other liens, against the Property. 12.10. Public Improvements or Governmental Notices. To Seller's knowledge,there are no intended public improvements which will result in the creation of any liens upon the Property,nor have Page 7 Purchase and Sale Agreement—Stevens Family Enterprises,LLC v6 any notices or other information been served upon Seller from any governmental agency notifying Seller of any violations of law, ordinance, rule or regulation which would affect the Property. 12.11. Breach of Agreements. The execution of this Agreement will not constitute a breach or default under any agreement to which Seller is bound or to which the Property is subject. 12.12. Bankruptcy Proceedings. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency,bankruptcy,reorganization, or other proceedings are pending or,to Seller's knowledge,threatened against Seller,nor are any such proceedings contemplated by Seller. 12.13. PATRIOT Act. Neither Seller nor,to Seller's knowledge, any person having a direct or indirect beneficial interest in Seller(nor any principal, officer, or director of the foregoing), (a) appears on the Specially Designated Nationals and Blocked Person List or similar list prepared or maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and none of the foregoing is a Senior Foreign Political Figure or Prohibited Foreign Shell Bank(as such terms are defined in the PATRIOT Act(Public Law 107-56)), (b) is a person with whom a United States citizen is prohibited from transacting business under any U.S. law,regulation or Executive Order, or(c) is engaging in or conspiring to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempting to violate, any of the prohibitions set forth in any U.S. anti-money laundering law. 12.14. Changed Conditions. If Seller discovers any information or facts that would materially change the foregoing warranties and representations, Seller must immediately give notice to City of those facts and information. If the problem is not remedied before Closing, City may elect to either: (a) terminate this Agreement, in which case City will have no obligation to purchase the Property and the Earnest Money will be refunded to City, or(b) extend the Closing Date for a period not to exceed forty- five(45) days or until such problem has been remedied, whichever occurs first. Should City extend the Closing Date and the problem is not remedied within the 45-day timeframe, City may then elect to terminate this Agreement and receive a refund of its Earnest Money;provided,however,that such election will not constitute a waiver of City's rights in regard to any loss or liability suffered as a result of a representation or warranty not being true,nor will it constitute a waiver of any other remedies provided in this Agreement or by law or equity. 13. Condition of the Property Through Closing; Post-Closing Obligations. 13.1. Prior to Closing. Seller will (a)maintain the Property in substantially the same condition as it was on the Effective Date,with no tree cutting,timber harvesting, or alteration of the Property in any way, other than standard and customary maintenance of the Property(e.g.,brush cutting,piling), (b)keep all existing insurance policies affecting the Property in full force and effect, (c)make all regular payments of interest and principal on any existing financing, (d)pay all real property taxes and assessments against the Property prior to delinquency, (e)comply with all government regulations, and(f)keep City timely advised of any repair or improvement required to keep the Property in substantially the same condition as it was on the Effective Date. 13.2. Post-Closing Obligations. This Section 13.2 and its subsections shall survive Closing of this Agreement and the recording of the Deed. 13.2.1. Following the termination of the Existing Lease, and the current tenant's vacation of the premises,the City will deliver Seller written notice of the termination and vacation and will allow Seller a period of thirty(30) days after the notice is deemed received under Section 17 in which to remove any of the tenant's personal property that the City determines the tenant has abandoned at the dwelling located Page 8 Purchase and Sale Agreement—Stevens Family Enterprises,LLC v6 on the Property or on the grounds surrounding the dwelling. Any rights of Seller to remove that personal property terminate and are waived and released at the end of that 30-day period. 13.2.2. The City will deliver Seller written notice at least thirty(30)days prior to any scheduled demolition of the residence located on the Property to permit Seller to access the Property prior to the scheduled demolition in order to remove at Seller's sole cost any non-structural interior and exterior components of the existing dwelling and outbuildings(e.g., fixtures, doors, flooring)that Seller may desire. Any rights to the materials terminate and are waived and released upon commencement of demolition by the City. 13.2.3. For a period of six(6)months after the Closing Date,the City will permit Seller and its appraiser to enter onto the Property to perform any post-Closing appraisal of the Property deemed necessary by Seller. Seller will provide at least 48-hours written notice to the City prior to any such entrance onto the Property. 13.2.4. Seller will have the right during the months of May through July 2018 to hold a single memorial service on the Property. The City agrees to cooperate, at no cost to the City, with Seller in connection with the memorial service. The City, at its discretion,may impose reasonable requirements on Seller in connection with the memorial service, including without limitation,the requirement to provide insurance in a similar manner as the City imposes on private events held on City property. 13.2.5. Prior to entry onto the Property, Seller will purchase and maintain at Seller's expense,the following insurance, covering Seller, its agents, and invitees: (a)the most recently approved ISO (Insurance Services Office) commercial general liability policy, or its equivalent,written on an occurrence basis,with limits not less than$500,000 per occurrence and$500,000 aggregate; (b)the policy will include coverage for bodily injury,property damage,personal injury, contractual liability, premises and products/completed operations; (c) Seller's coverage will be primary as respects City; and (d) City, its elected officials, departments, employees, and agents must be named as Additional Insureds. Seller will provide City with a Certificate of Insurance complying with this Section prior to entry onto the Property. Seller will defend, indemnify and save harmless City, its officers, employees, and agents from and against any and all liabilities, damages, claims, demands,judgments, losses, costs, expenses, fines, suits, and actions,whether arising in tort, contract, or by operation of any statute, including but not limited to attorneys' fees and expenses at trial and on appeal,relating to or resulting from the use of the Property by Seller, its agents, and invitees. 14. City's Representations and Warranties. In addition to any express agreements of City contained herein, the following constitute representations and warranties of City to Seller: (a) Subject to the conditions stated herein, City has the legal power,right, and authority to enter into this Agreement and the instruments referred to herein and to consummate the transactions contemplated herein; (b) Subject to the conditions stated herein, all requisite action has been taken by City in connection with entering into this Agreement and the instruments referred to herein and the consummation of the transactions contemplated herein; and (c) Subject to the conditions stated herein,the persons executing this Agreement and the instruments referred to herein on behalf of City have the legal power, right, and actual authority to bind City to the terms and conditions of this Agreement. Page 9 Purchase and Sale Agreement—Stevens Family Enterprises,LLC v6 15. Legal and Equitable Enforcement of This Agreement. 15.1. Default by Seller. In the event Closing and the consummation of the transaction herein contemplated do not occur by reason of any default by Seller, City will be entitled to all its out-of-pocket expenses incurred in connection with the transaction,including the Earnest Money, and will have the right to pursue any other remedy available to it at law or equity, including the specific performance of this Agreement. 15.2. Default by City. In the event Closing and the consummation of the transaction herein contemplated do not occur by reason of any default by City, City and Seller agree that it would be impractical and extremely difficult to estimate the damages that Seller may suffer. Therefore, City and Seller agree that a reasonable estimate of the total net detriment that Seller would suffer in the event that City defaults and fails to complete the purchase of the Property is and will be an amount equal to the Earnest Money. This amount will be Seller's sole and exclusive remedy(whether at law or in equity), and the full, agreed, and liquidated damages for the breach of this Agreement by City. The payment of said amount as liquidated damages is not intended as a forfeiture or penalty. All other claims to damage or other remedies are hereby expressly waived by Seller. Upon a termination due to a default by City, this Agreement will terminate and except as set forth in this section,neither party will have any further rights or obligations hereunder or to one another. 16. Risk of Loss,Condemnation. Seller bears the risk of all loss or damage to the Property from all causes,through the Closing Date. If,before the Closing Date, all or any part of the Property is damaged, destroyed, condemned, or threatened with condemnation, Seller will give City written notice of such event. City may terminate this Agreement by giving written notice to Seller within fifteen(15) days following receipt by City of written notice from Seller of such casualty or condemnation and the Title Company will return the Earnest Money to City. 17. Notices. All notices required or permitted to be given must be in writing to the address set forth below and will be deemed given upon(a)personal service, (b) deposit in the United States Mail,postage prepaid, or(c) deposit with a nationally recognized overnight courier service. All such notices will be deemed received(x)upon personal service, (y)three(3) days after deposit in the United States Mail, postage prepaid, or(z) one(1)day after deposit with a nationally recognized overnight courier service. To Seller: Susan Hummel, Managing Member Stevens Family Enterprises, LLC P.O. Box 328 Husum, WA 98623 Phone No. (509) 310-3693 To City: David Powell, City Attorney City of Lake Oswego 380 A Avenue,PO Box 369 Lake Oswego, Oregon 97034 Phone No. (503) 635-0225 Fax No. (503)699-7453 Page 10 Purchase and Sale Agreement—Stevens Family Enterprises,LLC v6 Copy to: Ivan Anderholm,Director Parks and Recreation Department City of Lake Oswego 17525 Stafford Road, P.O. Box 369 Lake Oswego, OR 97034 Phone No. (503)675-2548 Copy to: Metro Office of Metro Attorney 600 NE Grand Avenue Portland, Oregon 97232-2736 Fax No. (503) 797-1792 Phone No. (503) 797-1844 The foregoing addresses may be changed by written notice, given in the same manner. Notice given in any manner other than the manners set forth above will be effective when received by the party for whom it is intended. Telephone,email, and fax numbers are for information only. 18. No Broker or Commission. Each party represents and warrants to the other that it has not used or engaged a real estate broker in connection with this Agreement or the transaction contemplated by this Agreement. In the event any person or entity asserts a claim for a broker's commission or finder's fee against one of the parties to this Agreement,then Seller will indemnify,hold harmless, and defend City from and against any such claim if based on any action, agreement, or representations made by Seller; and City will indemnify, hold harmless, and defend Seller from and against any such claim if based on any action, agreement, or representations made by City. 19. Further Actions of City and Seller. City and Seller agree to execute all such instruments and documents and to take all actions pursuant to the provisions of this Agreement in order to consummate the purchase and sale contemplated and both parties will use their best efforts to accomplish Closing in accordance with the provisions hereof. 20. Accommodating a 1031 Exchange. If Seller desires to transfer the Property through an exchange transaction under Section 1031 of the Internal Revenue Code, City will cooperate in such exchange as long as (a) such cooperation is at the sole expense of Seller, (b) City assumes no additional risk or liability or loses any remedies or rights due to the exchange transaction, (c)the Closing is not delayed as a result of the exchange, (d) Seller delivers title as agreed directly to City, and(e)City is not obligated to take title to any additional property. Seller will indemnify,protect,hold harmless, and defend City from and against any and all claims, damages, costs, liabilities, losses, and expenses(including reasonable attorney fees)arising out of the exchange transaction. This indemnity will survive Closing. 21. Charitable Contribution. Seller is responsible for establishing, for federal tax purposes,the amount of any charitable contribution associated with Seller's sale and potential partial donation of the Property to City. Seller will rely solely upon the advice of Seller's own tax professionals regarding(a)the availability of a tax deduction in connection with the proposed transaction; and(b)the requirements for appraisals and other documentation to substantiate the value of the contribution. Notwithstanding the forgoing, City agrees to sign Internal Revenue Service Form 8283 relating to donations of interests in land once Seller has completed and filled out the form in its entirety. Seller must provide City with no less than thirty(30)days to process and complete the form prior to any tax submittal deadline. Neither City nor its employees or agents will be liable in the event that the intended charitable gift or any portion Page 1 1 Purchase and Sale Agreement—Stevens Family Enterprises,LLC v6 thereof is determined by appropriate authorities not to be deductible. This Section 21 shall survive Closing of this Agreement and the recording of the Deed. 22. Miscellaneous. 22.1. Partial Invalidity. If any term or provision of this Agreement or the application to any person or circumstance is,to any extent, found invalid or unenforceable,the remainder of this Agreement, or the application of such term or provision to persons or circumstances, other than those to which it is held invalid or unenforceable, will not be affected thereby, and each such term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law. 22.2. Waivers. No waiver of any breach of any covenant or provision contained herein will be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of time for performance of any obligation or act will be deemed an extension of the time for performance of any other obligation or act. 22.3. Survival of Representations. The covenants, agreements,representations, and warranties made herein will survive Closing and will not merge into the Deed. 22.4. Successors and Assigns. This Agreement will be binding on and will inure to the benefit of the successors and assigns of the parties to it. If an assignee assumes all the obligations of a party hereunder,then such party will have no further liability with respect to this Agreement. 22.5. Representation. This Agreement was prepared by City. Seller represents that Seller had an opportunity to consult with its own legal counsel prior to executing this Agreement. Seller waives any claim that any term or condition herein should be construed against the drafter of the Agreement. This Agreement will be construed as if it had been prepared by both parties. 22.6. Entire Agreement. This Agreement(including any exhibits attached to it) is the final expression of, and contains the entire agreement between,the parties with respect to the subject matter of the Agreement and supersedes all prior understandings with respect to it. This Agreement may not be modified or terminated,nor may any obligations under it be waived, except by written instrument signed by the party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted herein. 22.7. Time of Essence. Seller and City hereby acknowledge and agree that time is strictly of the essence with respect to every term, condition, obligation, and provision contained in this Agreement. Unless otherwise specified herein, in computing any period of time described in this Agreement, whenever a date for an action required to be performed falls on a Saturday, Sunday, or a state or federal holiday,then such date will be extended to the following business day. 22.8. Recitals. The statements and information set forth in the Recitals are hereby incorporated as if fully set forth herein and will be used for the purposes of interpreting this Agreement. 22.9. Governing Law. The parties acknowledge that this Agreement has been negotiated and entered into in the state of Oregon. The parties expressly agree that this Agreement is governed by and should be interpreted in accordance with the laws of the state of Oregon. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE Page 12 Purchase and Sale Agreement—Stevens Family Enterprises,LLC v6 CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY,UNDER ORS 195.300, 195.301, AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. This document will automatically expire on July 10th,2018 at 5:00 p.m.,if not executed by Seller within that time and delivered to City pursuant to the notice requirements contained in Section 17 above. IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the last date of signature specified below. CITY: SELLER: CITY OF LAKE OSWEGO, STEVENS FAMILY ENTERPRISES, LLC, an an Oregon municipal corporation Orego ited liability corn,, By: By: IF Scott Lazenby Susan Stevens Hummel City Manager Managing Member City of Lake Oswego Date: Date: '07U1.,Pi 1.014 Page 13 Purchase and Sale Agreement—Stevens Family Enterprises,LLC v6 Exhibit A Property Legal Description A tract of land situated in Section 21, Township 2 South, Range 1 East of the Willamette Meridian, in the County of Clackamas and State of Oregon, and being part of that certain tract of land deeded to George Marshall, et ux by Deed recorded July 5, 1955 in Book 497,page 708, Deed Records,being more particularly described as follows: Beginning at an iron pipe in the North line of said Section 21, said Township and Range,which iron pipe bears South 89°42' East along said North line 1728.27 feet from the section corner common to Section 16, 17,20 and 21, said Township and Range. From said place of beginning;thence leaving said North line of Section 21, South 270.00 feet to an iron pipe;thence continuing South 40.00 feet,more or less,to the center line of county road No. 848; thence Easterly along the center line of said county road to the southeast corner of the said Marshall tract;thence North along the East line of said Marshall tract to the North line of said Section 21;thence North 89°42' West along said North line of Section 21, 700.00 feet to the place of beginning;EXCEPTING that portion lying with Childs Road, County Road No. 848. Exhibit A-Page I Purchase and Sale Agreement—Stevens Family Enterprises,LLC Exhibit B Form of Conservation Easement [See attached] Exhibit B-Page 1 Purchase and Sale Agreement—Stevens Family Enterprises,LLC Attachment 3 AFTER RECORDING,RETURN TO: Metro Office of Metro Attorney 600 NE Grand Avenue Portland, OR 97232-2736 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT(this "Easement")is entered into this day of , 2018, by and between the City of Lake Oswego, Oregon, an Oregon municipal corporation ("Grantor") and Metro, an Oregon municipal corporation("Metro"). RECITALS A. Grantor is the fee simple owner of that certain real property approximately 5 acres in size located in the County of Clackamas, State of Oregon, commonly known as 1551 SW Childs Road, Lake Oswego, Oregon, and more particularly described on the attached Exhibit A(the"Property"). B. On November 7, 2006,the voters approved Ballot Measure 26-80(the"2006 Natural Areas Bond Measure"), which provided Metro with funds for the acquisition of natural areas from willing sellers. The 2006 Natural Areas Bond Measure was designed to provide Metro with the ability to protect the region's significant natural areas, fish and wildlife habitat, greenways,water quality, and lands near rivers and streams. C. The Property is located within the Stafford Basin Target Area, a target area specifically identified in the 2006 Natural Areas Bond Measure, which area is regionally significant due to its wildlife habitat values and its contribution to water quality in the Tualatin River Basin. D. Grantor purchased the Property with funds provided, in part,by Metro and the 2006 Natural Areas Bond Measure. In exchange for receipt of these funds, Grantor agreed to grant to Metro a conservation easement over the Property to protect the most significant 3.2-acre portion of the Property (the"Conservation Area") and reserve the remainder of the Property for the future development of park infrastructure only(the"Park Development Area"). The Conservation Area and the Park Development Area are each depicted on the attached Exhibit B. For valuable consideration,the receipt of which is hereby acknowledged by Grantor, and the mutual covenants,terms,conditions, and restrictions contained herein,the parties hereby agree as follows: AGREEMENT 1. Grant of Conservation Easement. For and in consideration of the sum of ($ ) and of the mutual promises,terms, conditions,restrictions and undertakings herein set forth, Grantor hereby voluntarily grants to Metro a perpetual conservation easement, in gross, on, over,under, and across the Property. This Easement is being created and acquired in accordance with ORS 271.715 to 271.795, and the provisions herein shall be construed and applied accordingly. 2. Purpose. (a) General Purposes. The general purposes of this Easement are to ensure that the Property will be retained forever predominantly for: Page 1 Conservation Easement—City of Lake Oswego v9 • "The protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem"(as that phrase is used in 26 U.S.C. §170(h)(4)(A)(ii)); • "The preservation of land areas for outdoor recreation by, or the education of,the general public"(as that phrase is used in 26 U.S.C. §170(h)(4)(A)(i)); • "The preservation of certain open space (including farmland and forest land)where such preservation is (I) for the scenic enjoyment of the general public, or(II)pursuant to a clearly delineated Federal, State, or local governmental conservation policy, and will yield a significant benefit" (as that phrase is used in 26 U.S.C. §170(h)(4)(A)(iii)); and • "Protecting natural, scenic, or open space values of real property, ensuring its availability for agricultural, forest,recreational, or open space use,protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property" (as that phrase is used in ORS 271.715(1)). (b) Specific Purposes; Conservation Values. The specific purposes of this Easement are to prevent any use of, or activity on,the Property that will impair or interfere with the Conservation Values, as such term is defined herein. Grantor and Metro have identified that the Property provides wildlife habitat, open space, habitat connectivity and the potential for enhanced habitat connectivity from Metro's Pecan Creek Natural Area to Lake Oswego's Stevens Meadow Natural Area, allowing the movement of species through conserved lands along the Tualatin River and Pecan Creek through to Cooks Butte Park. In addition, the Property provides connectivity for public recreation, allowing people to walk through conserved lands from Metro's Pecan Creek Natural Area to Lake Oswego's Stevens Meadow Natural Area. These characteristics of the Property(the"Conservation Values") shall be preserved,protected, and enhanced under this Easement. 3. Prohibited and Permitted Uses. (a) Prohibited Uses. Grantor shall not engage in any activity on, or use of,the Property that is inconsistent with the terms of this Easement or materially interferes with or impairs the Conservation Values. Without limiting the generality of the foregoing,the activities and uses described on the attached Exhibit C are expressly prohibited. (b) Permitted Uses. i. Grantor reserves all rights accruing from its ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not inconsistent with the terms of this Easement or expressly prohibited herein. ii. Grantor's permitted uses include: (A)public access for nature based recreation, such as walking and nature watching, environmental education, and research; (B) ecological restoration, such as invasive species removal,planting, and monitoring; and(C) in the Park Development Area, construction, operation and maintenance of the Nature Park Infrastructure, defined in(iii),below; iii. In the Park Development Area, Grantor will be permitted to install infrastructure to support the use and enjoyment by the public of the natural and scenic values provided by the Conservation Area,which infrastructure may include driveways, a parking area, restrooms, signage and kiosks, storm water improvements and lighting(the"Nature Park Infrastructure"). Prior to development of the Nature Park Infrastructure, Grantor may Page 2 Conservation Easement—City of Lake Oswego v9 continue to operate,repair and maintain(but not replace)the existing residence and infrastructure located in the Park Development Area. (c) Prior Approval by or Notice to Metro. Grantor must provide Metro's not less than thirty(30) days prior written notice of any plans for construction or improvement of the Park Development Area. Grantor must obtain Metro's prior written approval, which approval shall not be unreasonably withheld, of any plans for construction or improvement of the Conservation Area, including trails. With respect to the entire Property, Grantor must provide Metro with not less than thirty(30)days written notice prior to(i) applying for any building or construction permit related to the Property, including the Nature Park Infrastructure, or(ii)undertaking any activity on the Property that could materially interfere with or impair the Conservation Values. Future trail design work should protect habitat connectivity. 4. Development Rights. Grantor hereby grants to Metro all residential, industrial and commercial development rights appurtenant to and associated with the Conservation Area. Grantor hereby releases, terminates, and extinguishes these rights, and neither Grantor nor Metro may use such rights or transfer them to any portion of the Property, as it is now or hereafter may be bounded or described. The parties acknowledge that any future rezoning of the Property will not affect or nullify the commitments in this Easement. 5. Baseline Documentation. The condition of the Property as of the date of this Easement is documented in an inventory of relevant features of the Property, dated , 2018, on file at the offices of Metro, and signed by Grantor for identification purposes (the "Baseline Documentation"). The Baseline Documentation consists of reports,maps, photographs, and other documentation derived from various methods (including field visits)that the parties agree provide an accurate representation and description of the Property at the time of this grant. The Baseline Documentation is intended to serve as an objective, although not exclusive, information baseline for monitoring compliance with the terms of this Easement. The Baseline Documentation may be updated by the parties periodically to reflect the condition of the Property following any construction or restoration efforts permitted under Section 3, above. 6. Enforcement and Remedies. (a) Notice of Violation. Metro shall have the right to prevent any use of, or activity on,the Property that is inconsistent with the purpose and terms of this Easement. If Metro determines that Grantor, or third parties under Grantor's authority or permission, are in violation of the terms of this Easement,Metro shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation. If such violation involves injury to the Property resulting from any use or activity inconsistent with the purpose and terms of this Easement, such notice shall demand that Grantor, at Grantor's sole cost and expense,restore the portion of the Property so injured to its prior condition in accordance with a plan approved by Metro. (b) Failure to Cure. If Grantor fails to cure a violation within 30 days after Grantor's receipt of notice thereof from Metro, or under circumstances where the violation cannot reasonably be cured within a 30- day period, fails to begin curing the violation within the 30-day period, Metro may bring an action at law or in equity to(i)enforce the terms of this Easement, (ii) enjoin the violation by a temporary,preliminary, and/or permanent injunction, (iii)recover any damages to which Metro may be entitled for such violation of the terms of this Easement, and(iv)require the restoration of the Property to the condition and appearance that existed prior to such violation. (c) Right to Proceed Against Third Parties. Metro has the right to proceed against any third party or parties whose actions threaten or damage the Conservation Values. Nothing in this Easement shall be construed as preventing either Party from proceeding against third parties for damage to the Property, to the extent of each Party's respective interests. The Parties shall cooperate with each other in any such proceedings. Page 3 Conservation Easement—City of Lake Oswego v9 (d) Emergency Enforcement. If Metro, in its sole discretion,reasonably determines that the circumstances require immediate action to prevent or mitigate significant damage to the Property, Metro may enter the Property to prevent or mitigate further damage to or alteration of the Property necessary to protect the Conservation Values or otherwise pursue its remedies under this Section 6 without prior notice to Grantor and without waiting for the expiration of the cure period set forth above in subsection(b). (e) Nature of Remedies. Metro shall have available all legal and equitable remedies to enforce Grantor's obligations hereunder. Grantor agrees that Metro's remedies at law for any violation of the terms of this Easement are inadequate, and that Metro shall be entitled to injunctive relief, both prohibitive and mandatory, in addition to such other relief to which Metro may be entitled, including without limitation specific performance of the terms of this Easement,without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Metro's rights under this Section 6 shall be cumulative, in addition to all remedies now or hereafter existing at law or in equity, and apply equally in the event of either actual or threatened violations of the terms of this Easement. (f) Costs of Enforcement. Grantor shall reimburse Metro for any costs or expenses incurred by Metro in enforcing the terms of this Easement necessitated by Grantor's violation of the terms of this Easement including, without limitation, all reasonable court costs, attorney fees, expert witness fees, and costs of restoration mitigation. (g) Metro's Discretion to Enforce. Enforcement of the terms of this Easement is at the discretion of Metro. Any forbearance by Metro to exercise its rights under this Easement in the event of any breach of any terms of this Easement by Grantor, its agents, employees,contractors, family members, invitees, or licensees shall not be deemed or construed to be a waiver by Metro of such term under this Easement. No delay or omission by Metro in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. (h) Waiver of Certain Defenses. Grantor acknowledges that it has carefully reviewed this Easement and has had the opportunity to consult with and been advised by legal counsel of its terms and requirements. In full knowledge of the provisions of this Easement, Grantor hereby waives any claim or defense it may have against Metro or its successors or assigns under or pertaining to this Easement based upon waiver, laches, estoppel, adverse possession, or prescription. (i) Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Metro to bring any action against Grantor to abate, correct, or restore any condition on the Property or to recover damages for any injury to, or change in,the Property resulting from(i) causes beyond Grantor's control including, without limitation,natural changes, fire, flood, storm or earth movement, acts of trespassers or members of the public, or(ii) any reasonable and prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 7. Costs; Taxes. Grantor shall bear all costs related to the ownership of the Property. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively"taxes"), and shall furnish Metro with satisfactory evidence of payment upon request. If Grantor fails to pay any taxes when due Metro may,but is not obligated to, make or advance such payment of taxes upon ten days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority,without inquiry into the validity of the taxes or the accuracy of the bill, statement, or estimate. Should Metro make or advance such payment of taxes, Grantor shall be obligated to reimburse Metro and such payment shall bear interest at the greater of(a) 9%per annum or(b)the maximum rate allowed by law, until Grantor has reimbursed Metro in full. Grantor shall also be responsible for and shall bear all costs associated with ensuring compliance with all federal, state, and local laws,regulations, rules, and ordinances. Page 4 Conservation Easement—City of Lake Oswego v9 8. Liability and Indemnification. (a) Liability. The parties acknowledge and agree that because Grantor is the fee owner of the Property, except as specifically provided for under subsection(b)below,the general liability for risks, damages, injuries, claims, or costs arising by virtue of Grantor's ownership and use of the Property shall remain with Grantor as a normal and customary incident of the right of Property ownership. Nothing in this Easement shall be construed as giving rise to any right or ability of Metro to become an"owner" or"operator"of the Property within the meaning of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. (b) Indemnification. To the extent permitted by Article XI, Section 7 of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 to 30.300, Grantor shall indemnify, defend, and hold harmless Metro (and Metro's officers, employees and agents) from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities of Grantor(or Grantor's officers, employees and agents)on the Property, except to the extent such damages are due to Metro's negligence or willful misconduct or to any breach of this Conservation Easement by Metro. To the extent permitted by Article XI, Section 7 of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 to 30.300, Metro shall indemnify, defend, and hold harmless Grantor(and Grantor's officers, employees and agents) from and against all claims, suits, actions,losses, damages, liabilities, costs and expenses of any nature resulting from, arising out of, or relating to the activities of Metro(or Metro's officers, employees and agents) on the Property, except to the extent such damages are due to Grantor's or Grantor's invitees' negligence or willful misconduct, or to any breach of this Conservation Easement by Grantor.Neither Grantor nor Metro shall have any indemnity obligations with respect to the activities of members of the public on the Property. 9. Covenants Running With the Land. The parties acknowledge and agree that the covenants and agreements set forth in this Easement are intended to bind Grantor, Metro, and their respective successors and assigns. The Property shall be held, conveyed,mortgaged,pledged as security for a debt, leased,used, and occupied subject to the covenants, conditions,restrictions, and other limitations set forth in this Easement(the "Restrictions"). All and each of the Restrictions are imposed as equitable servitudes upon the Property and every part thereof shall run with the land. Furthermore, all and each of the Restrictions shall be binding upon and burden, and shall inure to the benefit of, all persons having or acquiring any right,title, or interest to the Property. 10. Termination of Easement. This Easement can only be terminated or extinguished by judicial proceedings in a court having jurisdiction. The total loss of all Conservation Values on the Property is the only grounds under which this Easement can be terminated,provided that the total loss of all Conservation Values was not the result of the intentional action of Metro or the Grantor. The amount of the proceeds to which Metro shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be equal to the fair market value of this Easement at the time of extinguishment, as determined by a competent appraiser; provided,however,that such amount shall not be less than the amount determined by multiplying all proceeds from such sale, exchange, or voluntary conversion by the ratio of the value of this Easement at the time of the effective date of this Easement to the value of the Property as a whole as of the effective date of this Easement, without deduction for the value of this Easement. 11. Subsequent Property Transfers and Encumbrances. (a) Transfers. Any subsequent transfer, including, without limitation, conveyance, lease, or mortgage of the Property, shall be subject to this Easement. Grantor shall incorporate the terms of this Easement in any deed or other legal instrument by which it divests itself of any interest in the Property. Grantor shall also give written notice to Metro of the transfer of any interest in all or a portion of the Property no later than 15 days Page 5 Conservation Easement—City of Lake Oswego v9 prior to the date of such transfer. Such notice to Metro shall include the name, address, and telephone number of the prospective transferee or the prospective transferee's representative. Failure of Grantor to perform any act required by this subsection shall not impair the validity of this Easement or limit its enforceability in any way. (b) Encumbrances. The grant of any additional easements or use restrictions by Grantor against the Conservation Area is hereby prohibited, except with the prior written permission of Metro,which permission may be withheld in Metro's sole and absolute discretion. Within 45 days after receiving written notice from Grantor requesting such permission, Metro shall provide Grantor with a written response either granting or denying Grantor's request. (c) Estoppel Certificate. Upon written request by Grantor, Metro shall within 60 days execute and deliver to Grantor, or to any party designated by Grantor, any document, including an estoppel certificate, which certifies that to the best of Metro's knowledge Grantor is in compliance with any obligation of Grantor contained in this Easement or which otherwise evidences the status of this Easement. Such certification shall be limited to the condition of the Property as of Metro's most recent inspection. 12. Amendment. Grantor and Metro may mutually agree to amend this Easement;provided that no amendment shall be allowed that(i)will affect the qualification of this Easement or the status of Metro under any applicable laws, including 26 U.S.C. § 170(h), as amended(or any successor provision(s)then applicable), and ORS 271.715-795 or, (ii)modify or otherwise amend Section 13 below. Any such amendment shall (a)be consistent with the purpose of this Easement, (b) either enhance or have no effect on the Conservation Values, (c)not affect this Easement's perpetual duration, (d)be in writing and be signed by both parties hereto(or their respective successors or assigns), and(e)be recorded in the official real property records of the county in which the Property is located. In no event shall the "economic hardship" of Grantor constitute a changed circumstance that would allow Grantor to unilaterally amend this Easement. 13. Assignment. Subject to the remainder of this Section 13,this Easement is transferable by Metro,but Metro may only assign its rights and obligations hereunder to a public,park providing entity that is a"qualified organization" at the time of the transfer under 26 U.S.C. § 170(h)(3)(or any successor provision then applicable) and authorized to acquire and hold conservation easements under ORS 271.715 to 271.795 (or any successor provisions then applicable). Metro will notify Grantor in writing, at Grantor's last known address, at least 30 days in advance of such assignment. If an assignee assumes the obligations of Metro hereunder,then Metro will have no further liability with respect to this Easement. During the first twenty(20)years following the recording date of this Easement,Metro must provide advance written notice in accordance with Section 16 to the registered agent of Stevens Family Farms, LLC, of any proposed assignment. Metro will not assign the Easement if the registered agent of Stevens Family Farms, LLC,notifies Metro in writing of any objection to the proposed assignment within thirty(30) days after receipt of Metro's written notice of the proposed assignment. If Stevens Family Farms, LLC, fails to object in writing to the assignment within such thirty(30) day period, it will be deemed to have approved of the assignment. Notwithstanding the foregoing and anything to the contrary, Stevens Family Farms, LLC, will have no right to approve the assignment of this Easement and no notice to Stevens Family Farms, LLC, of any impending assignment will be required if Stevens Family Farms, LLC, is inactive according to the records of the Oregon Secretary of State at the time of the proposed assignment or after the twenty(20)year period following the recording date of this Easement has expired. 14. Condemnation. If all or any part of the Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor and Metro shall act jointly to recover the full value of the interests in the Property subject to the taking or in lieu purchase and all direct or incidental damages resulting therefrom. As between Grantor and Metro, Metro shall be entitled to receive the value of the portion of the Easement condemned, determined in accordance with the method set forth above in Section 10. All expenses Page 6 Conservation Easement—City of Lake Oswego v9 reasonably incurred by Grantor and Metro in connection with the taking shall be paid out of the amount recovered. 15. Recording. Grantor shall immediately record this instrument in the official records of the county within which the Property is located, and in any other appropriate jurisdictions, and Metro may re-record it at any time as may be required to preserve Metro's rights in this Easement. 16. Notice and Addresses. Any notice which a party desires to give to the other pursuant to this Agreement shall be in writing and shall be effective upon the earlier to occur of actual delivery or refusal of a party to accept delivery thereof, and shall be delivered by: (a)personal delivery; (b) United States certified or registered mail,postage prepaid,return receipt requested; or(c)nationally-recognized overnight courier service. Any party may change the address to which its notices are to be sent by duly giving notice pursuant to this Section. To Grantor: City Manager City of Lake Oswego 380 A Avenue(if delivered) P.O. Box 369(if mailed) Lake Oswego, OR 97034 With a copy to: City Attorney City of Lake Oswego 380 A Avenue(if delivered) P.O. Box 369(if mailed) Lake Oswego, OR 97034 To Metro: Metro Land Conservation Program Director 600 NE Grand Avenue Portland, OR 97232 With a copy to: Office of Metro Attorney 600 NE Grand Avenue Portland, OR 97232 17. General Provisions. (a) Governing Law. The interpretation and performance of this Easement shall be governed by the laws of the State of Oregon. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding,this Easement shall be liberally construed in favor of the grant to effect the Purpose of this Easement and the policy and purpose of ORS Chapter 271. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Conservation Intent. Any ambiguities in this Easement shall be construed in a manner which best effectuates the Conservation Values for the Property. (d) Changed Circumstances. Grantor and Metro acknowledge that future conditions may change in the areas neighboring the Property and the Property, including without limitation, increased development, land Page 7 Conservation Easement—City of Lake Oswego v9 use, and zoning changes. Grantor and Metro further acknowledge that such future conditions may result in various hardships to Grantor by virtue of the restrictions contained in this Easement, including without limitation, restrictions on the ability to develop the Property and the Property. However, Grantor and Metro expressly intend that this Easement continue in perpetuity regardless of such changes conditions and circumstances and regardless of hardship,whether such hardship is economic or otherwise. In no event shall the hardship of Grantor constitute a changed circumstance that would allow Grantor to unilaterally terminate this Easement. (e) Severability. If any provision of this Easement, or its application to any person, entity, or circumstance, is found to be invalid,the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected. (f) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Property and supersedes all prior discussions,negotiations,understandings,or agreements relating to the Property, all of which are merged into this Easement. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 12. (g) No Forfeiture. Nothing contained in this Easement will result in a forfeiture or reversion of Grantor's title in any respect. (h) Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon assignment of that party's interest in the Easement or transfer of the Property, except that liability for acts or omissions occurring prior to transfer shall survive assignment or transfer. (i) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. IN WITNESS WHEREOF,the parties have executed this Easement as of the date first set forth above. METRO, an Oregon municipal corporation GRANTOR: By: Martha J. Bennett Scott Lazenby Chief Operating Officer City Manager City of Lake Oswego State of OREGON County of MULTNOMAH This instrument was acknowledged before me on , 2018 by Martha J. Bennett as Chief Operating Officer of Metro, an Oregon municipal corporation. Notary Public - State of Oregon Page 8 Conservation Easement—City of Lake Oswego v9 State of OREGON County of Clackamas This instrument was acknowledged before me on ,2018 by Scott Lazenby, as City Manager of the City of Lake Oswego. Notary Public- State of Oregon Page 9 Conservation Easement—City of Lake Oswego v9 Exhibit A Property Description A tract of land situated in Section 21, Township 2 South, Range 1 East of the Willamette Meridian, in the County of Clackamas and State of Oregon, and being part of that certain tract of land deeded to George Marshall, et ux by Deed recorded July 5, 1955 in Book 497, page 708, Deed Records, being more particularly described as follows: Beginning at an iron pipe in the North line of said Section 21, said Township and Range, which iron pipe bears South 89°42' East along said North line 1728.27 feet from the section corner common to Section 16, 17, 20 and 21, said Township and Range. From said place of beginning; thence leaving said North line of Section 21, South 270.00 feet to an iron pipe; thence continuing South 40.00 feet, more or less, to the center line of County road No. 848; thence Easterly along the center line of said county road to the southeast corner of the said Marshall tract; thence North along the East line of said Marshall tract to the North line of said Section 21; thence North 89°42'West along said North line of Section 21, 700.00 feet to the place of beginning; EXCEPTING that portion lying with Childs Road,County Road No. 848. Page 1 Exhibit A to Conservation Easement—City of Lake Oswego Exhibit B Depiction of the Conservation Area and Park Development Area [DEPICTION IS PLACEHOLDER ONLY; FINAL DEPICTION PRIOR TO CLOSING WILL BE INSERTED FROM SURVEY OBTAINED BY METRO] ze •rt i i I Stevens Meadow (City of Lake Oswego) ° __ • T p • yi. 10S •`'• „ a_ /` 4---Pecan Creek Trail exact alignment TBD Young SlavinPark f Conservation Zone (3.2 acres) Development Zone r' (1.01111cres) 1-e as y - sW Childs Rd • ",.+ .r'F41 � . Pecan Creek 41 - . . - Natural Area • (Metro) ` _ ? • r e9{ 4 -/41$0,-/ fir, * • STAFFORD BASIN TARGET AREA Legend �k Sr ,Stevens propertyami. Stevens Property - 4.8 acres ;.'iConsa.�mnZone 12 acres NORTH 100 50 0 100 Feet Metro Park Derebpmenl Zone-16 xres EDINZ .61111 Helm property Page 1 Exhibit B to Conservation Easement—City of Lake Oswego Exhibit C Grantor's Prohibited Uses and Activities 1. The partition, division, subdivision, or defacto division of the Property. 2. Residential use or development of any kind on the Property, except the residential use existing as of the date of this Easement and the permissible Nature Park Infrastructure described in Section 3(b)iii of the Easement. 3. The filling,dumping, excavating,draining, dredging,mining,drilling,removing or exploring for or extracting of minerals, oil, gas, coal, and other hydrocarbons, soils, sands, gravel,rocks or any other materials on or below the surface of the Property or other grading of the topography of the Property (except as may be required in connection with the construction and maintenance of the Nature Park Infrastructure). 4. The manipulation or alteration, diminution, or drainage of any natural water course, wetland, stream bank, riparian area, shoreline, or body of water on the Property or any activity that causes or is likely to cause significant pollution of any surface of subsurface waters. 5. Any use or activity that causes or is likely to cause significant soil degradation or erosion. 6. Any commercial or industrial activities of any kind. 7. Agricultural activities of any kind, including,without limitation,the establishment and maintenance of a livestock corral,personal gardens,row crops, haying,grazing, livestock watering, or other pasture uses. 8. Constructing,placing, or maintaining any building, cabin, garage, barn, shed,greenhouse, mobile home,house trailers,permanent tent facilities, huts,tree houses,play structures, or other temporary or permanent structures of facilities on, above, or below the Property, except the residential use existing as of the date of this Easement and the permissible Nature Park Infrastructure described in Section 3(b)iii of the Easement. 9. Except as permitted within the Park Development Area,paving or otherwise covering with concrete, asphalt, gravel, or any other paving material of any portion of the Property. 10. Unless otherwise expressly permitted by Metro in accordance with Section 3(b) or 11(b) of the Easement,the granting of any utility corridor right-of-way easements or cell tower leases, or the construction or installation of above ground water facilities(pumps,pipelines,ponds, ditches,and similar improvements),utility systems or structures, cell towers, septic systems,septic drain fields, communication devices, or aerial lines. 11. The installation of underground storage tanks or placing, filling, storing,processing, dumping, or otherwise disposing on the Property any soil,refuse,trash,rubbish, debris,junk,waste, or other such substance. 12. Dumping,depositing, abandonment,discharging, or release of any gaseous, liquid, solid, or hazardous wastes, substances,materials,trash, or debris of whatever nature on, in, over, or under the ground or into the surface or ground water of the Property. Page 1 Exhibit C to Conservation Easement—City of Lake Oswego 13. The introduction or planting of any invasive species, as identified on the 1998 Metro Native Plant List. 14. The hunting or trapping of any fish,birds, or other game animals or any disruption of wildlife breeding, foraging, migration, movement, or nesting activities on the Conservation Area. 15. The operating of all-terrain vehicles(ATV's),motorcycles, dune buggies, snowmobiles, or any other type of off-road motorized vehicles except for park maintenance or emergency purposes. 16. Any outdoor lighting within the Conservation Area, as well as the use of unreasonable outdoor lighting levels on the Property overall that results in glare and light pollution on the Conservation Area. 17. The discharge of firearms,bows and arrows, air guns, slingshots or similar devices. Page 2 Exhibit C to Conservation Easement—City of Lake Oswego From: RICK COOK To: Council Distribution Cc: Espe,Paul; Kasey Holwerda;Anderholm,Ivan;Ann Cutter; Karen Davis;Jeannie McGuire;Ionei118352Cclaol.com Subject: Stevens Property Purchase Date: Tuesday,July 17,2018 10:29:08 AM Good Morning, I see where the city will be purchasing the Stevens Property on Childs Rd. I support the acquisition, a chance to build on a greenway that buffers future development in the Stafford Area. After reading through the documents a few statements have caught my attention. A couple of concerns about future development. •. Status of the House which was built in 1903 by the Shipley family for one of the daughters. An important piece of the Hazelia Agri-Cultural Heritage Trail. I hope that plans for the development do not include the tearing down of the house, for development of the eastern portion to facilitate parking lot, etc... As Joni Mitchell stated in her song: " That you don't know what you've got 'til it's gone? They paved paradise Put up a parking lot....." • Access to property from Childs is problematic. Enough said, I think you all know the issues with traffic in the area. Once again, I support the purchase, and look forward to the conversations with HRAB, Oswego Heritage Council, LO Preservation Society and the city on how best to preserve one of our early historic sites when the planning phase begins. The Cook family also is looking forward to our meeting in early Aug. with Ivan to discuss the future of our property and possible preservation opportunities with the city. Thank you, Rick Cook For the J.P. and Susie Cook Family 18451 SW Stafford Rd LO 503-704-7034 cell