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BOC Agenda 08-18-2015 - Washington County, · PDF fileApprove Update of Washington County...

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August 18, 2015 10:00 a.m. 1
Transcript

August 18, 2015 10:00 a.m.

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BOARD OF COUNTY COMMISSIONERS

Andy Duyck, Chairman: As Chairman of Washington County's five-member governing Board, Andy Duyck represents the entire County. He has operated his own business since 1983. Duyck Machine, Inc. produces metal and plastic components that are marketed throughout the country. Prior to opening his business, Mr. Duyck was employed as a machinist/foreman for OMET and Forest Grove Iron Works. Chairman Duyck has a degree in machine technologies from Portland Community College. As Commissioner, District 4, he served Western Washington County from January 1994 through December 2010. His current term as Chair runs through December 2018.

Dick Schouten, District 1 Commissioner: County Commissioner Dick Schouten has represented Aloha, Beaverton and Cooper Mt. area since June of 2000. Mr. Schouten's family migrated from the Netherlands when he was four. Following a childhood spent in Fresno, he completed his undergraduate work at Santa Clara University and earned his law degree from UCLA. After serving as legal counsel for California cities and special districts, Dick, his wife and two daughters moved to Washington County in 1992. He represented The Make Our Park Whole Committee, which helped obtain a 22-acre addition to the Tualatin Hills Nature Park. More recently, the Intertwine Alliance

gave Commissioner Schouten a 2014 “Force of Nature Award,” and Community Partners for Affordable Housing gave the Commissioner a 2015 “Kerkof Award” for effective affordable housing advocacy. Among others, Mr. Schouten serves on the Board of: Clean Water Services, Centro Cultural, Washington County Museum and Regional Disaster Preparedness Organization. Mr. Schouten's current term runs through December 2016.

Greg Malinowski, District 2 Commissioner: District 2 Commissioner Greg Malinowski serves Washington County's northeastern corner including Bethany, Cedar Hills, Cedar Mill, Raleigh Hills, Rock Creek and portions of Beaverton and Hillsboro since January 2011. Commissioner Malinowski and his family manage 60-acres of farmland growing organic hay and beef between Washington County’s Bethany area and Portland’s Forest Park. In addition, Mr. Malinowski has worked for over 30 years in high-technology manufacturing and quality inventory control with Merix and Tektronix. Commissioner Malinowski’s community involvement has included service as

a past chair of Washington County’s Citizen Participation Organization 7 in the Bethany area. He is also a past president of the Forest Park Neighborhood Association representing the Tualatin Mountains area of northwest Portland. Mr. Malinowski holds an associate’s degree in electronics servicing technology from Portland Community College. Commissioner Malinowski also serves on the following: Community Action, the Board of Clean Water Services and the Association of Oregon Counties Legislative Committee. Mr. Malinowski's term runs through December 2018.

Roy Rogers, District 3 Commissioner and Vice Chair: Commissioner Rogers represents District 3, which includes the cities of Tigard, Tualatin, King City and Sherwood. Certified Public Accountant, Mr. Rogers is a partner in the firm of Pauly Rogers & Company PC, one of the largest municipal auditors in the State of Oregon. Mr. Rogers’ other governmental experience includes the Washington County Clean Water Services Board; Mayor, City of Tualatin (1978-1985); President, Oregon Mayor's Association; Metro Policy Committee on Transportation Study; and League of Oregon Cities Committees. Roy Rogers has served on the Board of Commissioners since January 1985. His current term runs through December 2016.

Bob Terry, District 4 Commissioner: District 4 Commissioner Bob Terry represents a large portion of the rural area of Washington County including Banks, Cornelius, Forest Grove, Gaston, Hillsboro, and North Plains since January 2011. Since 1996, Mr. Terry has owned Fisher Farms, a regional provider of value-added nursery stock employing over 200 people and based in rural Washington County. Originally from St. Louis, Missouri, Mr. Terry served in the U.S. Navy from 1963 to 1966, including deployment aboard the supercarrier USS America. At the end of his military service, Mr. Terry resumed his education at Jefferson College, Hillsboro, MO, and attended

the University of Chicago. Commissioner Terry’s community and government experience includes service as: Past chair, A Child’s Place education and childcare center; Past chair and president, Hillsboro Chamber of Commerce; Past chair and founder, the Oregon International Airshow in Hillsboro; Past President, the Oregon Association of Nurseries; Board member and chair, the Investment Committee, American Nursery and Landscape Association; Vice president, Agri-Business Council of Oregon; Charter council member, Tualatin Watershed Council; Past board member, Regional Investment Board; Past secretary, Washington County Budget Committee for 12 years; Commissioner Terry also serves on the Board of Clean Water Services and the Public Health Advisory Council. Mr. Terry's term runs through December 2018.

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TABLE OF CONTENTS

COMMISSIONER DISTRICTS 6

OTHER COUNTY AND CWS CONTACTS 6

MEETINGS AND SCHEDULES

Current Meeting Schedule 7

Regular Business Meetings 7

Worksessions 7

Second and Fifth Tuesdays of the Month 7

Executive Sessions 7

Once the Regular Business Meeting Begins 8

Ordinance Testimony Time Limits 8

Alternatives to Televised Proceedings 9

Assistive Listening Devices 9

Sign Language and Interpreters 9

Meeting Protocol 9

Additional Meeting Materials 9

Meeting Calendar 10

1. ORAL COMMUNICATION

Limited to two minutes per individual; ten minutes total.

2. CONSENT AGENDA

The items on the Consent Agenda are considered routine and will all be adopted in one motion unless a Board member requests, before the vote on the motion, to have the item considered separately. If any item is removed from the Consent Agenda, the Chairman will indicate when it will be discussed in the regular agenda. A list of Consent Agenda items is included at the end of the agenda packet.

3. PRESENTATION

a. Auditor’s Annual Report and Audit Plan 11

4. BOARDS AND COMMISSIONS

a. Approve Appointments to the Regional Arts and Culture Council 15

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5. PUBLIC HEARING – LAND USE AND TRANSPORTATION

a. Consider Proposed Ordinance No. 800 – An Ordinance Addressing Minor

Amendments to the Community Development Code (All CPOs) 19

b. Consider Proposed Ordinance No. 801 – An Ordinance Amending the North

Bethany Subarea Plan of the Bethany Community Plan and the Community Development Code Relating to Density Restricted Lands and Natural Features Buffer (CPO 7)

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c. Consider the Annexation of Three Parcels and Right-of-Way on SW Roy

Rogers Road Totaling Approximately 19 Acres to Clean Water Services District (15-017 LRP/BC) (CPO 4B)

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d. Consider the Annexation of Seven Parcels and Rights-of-Way on SW Roy

Rogers, SW Roshak, and SW Bull Mountain Roads Totaling Approximately 40 Acres to the Clean Water Services District (15-018 LRP/BC) (CPO 4B)

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e. Consider the Annexation of One Parcel at 9940 SW 175th Avenue Totaling

Approximately 3.4 Acres to Tualatin Hills Park and Recreation District (15-024 LRP/BC) (CPO 6)

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6. PUBLIC HEARING – COUNTY COUNSEL

a. Conduct Second Reading and First Public Hearing of Ordinance No. 806

Establishing Commissioner District Boundaries in Accordance with the Amendments to Chapter 84 of the Charter and Repealing Ordinance 585 (All CPOs)

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7. ACTION – LAND USE AND TRANSPORTATION

a. Adopt Findings for Ordinance No. 800 (All CPOs) 69

8. ORAL COMMUNICATION

9. BOARD ANNOUNCEMENTS

10. ADJOURNMENT

CONSENT AGENDA

MINUTES (Available electronically)

July 28, 2015

August 4, 2015

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CLEAN WATER SERVICES

a. Authorize Board Chair to Execute an Amendment Extending the Term of

General Manager’s Employment Agreement One Year (All CPOs) 73

b. Approve Third Amendment to Contract for Locating and Marking Services of

Underground Facilities with Locating, Inc. (All CPOs) 75

c. Declare Necessity and Purpose for Acquiring an Easement Across Certain

Real Property and Authorize Clean Water Services to Proceed with Condemnation Action for Completion of the Gaston Force Main Replacement Project No. 6756

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LAND USE AND TRANSPORTATION DEPARTMENT

d. Approve Bid Award and Execute Contract for the Gain Share Funded SW

Taylor Street Project (CPO 1) 83

e. Vacate an Access Easement for Emergency Vehicle Turnaround (Vacation

No. 519) (CPO 7) 85

COMMUNITY CORRECTIONS

f. Approve the 2015-2017 Community Corrections Plan and Related Agreement

with the State of Oregon (IGA #5139) to Include Budget Appropriation and FTE Additions (All CPOs)

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COOPERATIVE LIBRARY SERVICES

g. Approve Update of Washington County Cultural Plan, 2015-2020 for the

Cultural Coalition of Washington County 95

HEALTH AND HUMAN SERVICES

h. Authorize Waiver from the RFP Process and Contract with Virginia Garcia for

Outpatient Child and Adult Assessment and Treatment Services (2015.081W) 97

Authorize Acceptance of a Bequest from the Estate of Margaret Tabert for the

Bonnie L. Hays Animal Shelter 107

JUVENILE SERVICES

i. Award Contracts for a Student Resource Program (#2015.075P) 99

SUPPORT SERVICES

j. Authorize Execution of Dedication Deed Dedicating County-Owned Property

to the Public for Road Right-of-Way – NW 118th Avenue/NW Thompson Road (CPO 1)

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Modify Existing Lease Agreement with Clear Channel Outdoor 109

OFF DOCKET

OFF DOCKET

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COMMISSIONER DISTRICTS (Chairman Serves Countywide)

OTHER COUNTY AND CWS CONTACTS Robert Davis, County Administrator 846-8685 Don Bohn, Assistant County Administrator

Rob Massar, Assistant County Administrator 846-8685

County Departments District Attorney, Robert Hermann 846-8671 Assessment & Taxation, Elections, Rich Hobernicht

846-8741 Health & Human Services, Marni Kuyl Including Animal Services, Disability, Aging and Veterans Services

846-4402

Auditor, John Hutzler 846-8798 Housing Services, Val Valfre, Director 846-4794

Community Corrections, Steve Berger 846-3400 Juvenile, Lynne Schroeder 846-8861 Community Development, Jennie Proctor 846-8814 Land Use and Transportation, Andrew

Singelakis, Director 846-4530

Cooperative Library, Eva Calcagno 846-3222 Sheriff, Pat Garrett 846-2700 County Counsel, Alan Rappleyea 846-8747 Support Services, Don Bohn 846-8685

Clean Water Services William Gaffi, General Manager 681-3600 Diane Taniguchi-Dennis, Deputy General

Manager 681-3602

Jerry Linder, General Counsel 681-3645 Mark Jockers, Government and Public Affairs Manager

681-4450

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MEETINGS AND SCHEDULES Current Meeting Schedule First Tuesdays: Worksession 8:30 a.m. Regular Business Meeting 10:00 a.m. Second Tuesdays: See “Second Tuesdays” section below. Third Tuesdays: Worksession 8:30 a.m. Regular Business Meeting 10:00 a.m. Fourth Tuesdays: Worksession 2:00 p.m. Regular Business Meeting 6:30 p.m. Fifth Tuesdays: See the “Fifth Tuesday” section below. Regular Business Meetings Regular business meetings are the time during which the Board will consider the items published in their Board Agenda at the times noted above. Worksessions Prior to the Board’s regular business meetings, the Commissioners will meet for a general public worksession in Room 140 of the Public Services Center according to the schedule above. The purpose of this meeting is to provide the Board an opportunity to conduct informal communications with each other, review the agenda and identify questions they may have for staff before taking action on the agenda items in their regular business meeting. The Board typically asks our citizens observing the worksession meetings to hold their agenda comments and questions for the regular business meeting. Second Tuesdays of the Month The Board has designated the second Tuesday of each month as a time that may be set aside for in-depth discussion of broader, strategic policy issues. Accordingly, Board consideration/action on regularly scheduled agenda items normally set on the second Tuesday of each month will be held only if necessary to make decisions that, in the Board’s judgment, cannot be reasonably held over to a regularly scheduled meeting. If formal actions are not considered on these Tuesdays, the Board may use this time to conduct an informal worksession, retreat or similar informal meeting. Minutes will be recorded of these meetings. Board Meetings When There is a Fifth Tuesday in a Month Historically, the Board has not held meetings when there is a fifth Tuesday in a month. Since May of 1999, the Board has set aside these fifth Tuesdays to hold a worksession, retreat or similar informal meeting. The purpose of these meetings is to provide the Board some additional time to focus on specific issues on a more in depth basis. Unlike its regular Board meetings, these informal meetings are not recorded verbatim, but minutes will be taken as required by law. No formal actions will be taken during these meetings unless special meeting notices are provided as outlined in the Board’s Rules of Procedure. The Chairman will designate the location of these meetings 96 hours in advance. Executive Sessions There are times when the Board must discuss confidential matters such as lawsuits, real estate transactions (or other sales transactions) and labor relations matters. When the Board calls an executive session (posted on the worksession agenda), it is done under the guidelines allowed for by Oregon State law. Each type of executive session generally fits under one of three types of State Laws that allow such closed sessions. These statutes are indicated on the worksession item. Although the press is allowed to remain in the room, they are not allowed to report on executive

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session issues. The Board recognizes the sensitivity of conducting closed sessions and only conducts them when confidentiality is required (and allowed by law) to protect the interests of Washington County and its taxpayers. Once the Regular Business Meeting Begins The Board’s formal meetings typically include the following elements: • Call to Order: At the start of the meeting, the Chairman (or Vice Chair) of the Board will call

the meeting to order.

• Oral Communication (for any items not scheduled for a public hearing): This is the time when members of the audience may step forward at the start of the meeting to address the Board. This opportunity is time-limited to two minutes per individual and a maximum of 10 minutes total per topic regarding items not scheduled for public hearing. If more time is needed, another (longer) oral communication opportunity is available at the end of the regular agenda. Speakers may select only one Oral Communication opportunity.

• Consent Agenda: The items on the Consent Agenda are considered routine and will all be adopted in one motion unless a Board member requests, before the vote on the motion, to have the item considered separately. If any item is removed from the Consent Agenda, the Chairman will indicate when it will be discussed in the regular agenda. A list of Consent Agenda items is included at the end of the agenda packet.

• Presentations, Proclamations, Boards and Commissions

• Public Hearings: Special rules regarding testimony and time limits may be established by the Board at the start of the hearing.

• Regular Agenda Items: Regular agenda items are also known as “action” items and will follow the public hearings. These items are less formal than the public hearings but still provide the public the opportunity to comment on the proposed actions.

• Second Opportunity for Oral Communication (for any items not scheduled for public hearing): As noted above, this is the second opportunity for the public to address the Board if more than two minutes are needed. This opportunity is time-limited to 5 minutes per individual and 10 minutes per topic. The maximum time for Oral Communication is 30 minutes.

• Board Announcements: This is typically the time when the Board may want to provide other Board members, staff or the public with information regarding items that may or may not be on the Board’s agenda.

• Adjournment: At the conclusion of the items on the Board’s agenda, the Board Chair will formally conclude the Board’s regular business meeting.

Ordinance Testimony Time Limits Public testimony for ordinances may be presented within the following time limits: First and second hearing - 3 minutes for individuals and 12 minutes for groups Additional hearings - 2 minutes for individuals and 5 minutes for groups

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Alternatives to Televised Proceedings An alternative format to the televised proceedings of the meetings of the Washington County Board of Commissioners is available on request. Interested individuals may call the telephone number or TTY number noted below and request a verbatim transcript for this meeting. Assistive Listening Devices Assistive Listening Devices are available for persons with impaired hearing and can be scheduled for this meeting by calling 503-846-8685 no later than 5:00 p.m., on the Monday preceding the meeting. Sign Language and Interpreters The County will also upon request endeavor to arrange for the following services to be provided:

1. Qualified sign language interpreters for persons with speech or hearing impairments; and 2. Qualified bilingual interpreters.

Since these services must be scheduled with outside service providers, it is important to allow as much lead-time as possible. Please notify the County of your need by 5:00 p.m. on the Thursday preceding the meeting date (same phone number as listed above: 503-846-8685). Meeting Protocol The Board of Commissioners welcomes public attendance and participation at its meetings. Anyone wishing to speak on an agenda item at a regular business meeting should feel free to do so. In doing so, the Board asks that the following guidelines be observed:

1. Please follow sign-in procedures located on the table by the entrance to the auditorium.

2. When your name is announced, please be seated at the table in front. For testimony at public hearings, write down your address and state your name for the record.

3. Groups or organizations wishing to make a presentation are asked to designate one spokesperson in the interest of time and to avoid repetition.

4. When more than one citizen is heard on any matter, please avoid repetition in your comments. Careful attention to the previous speaker’s remarks will be helpful in this regard.

Additional Meeting Materials Documents identified as Clerk’s Desk Items are available during the meeting with the Board Clerk. Anyone wishing to view Clerk’s Desk Items electronically can click on the active link provided in the Board agenda. Documents identified as Attachments are part of the agenda.

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BOARD OF COMMISSIONERS MEETING CALENDAR

Tuesday, August 18, 2015 Worksession – 8:30 a.m.

Board Meeting – 10:00 a.m.

Tuesday, August 25, 2015 Worksession – 2:00 p.m.

Board Meeting – 6:30 p.m.

Tuesday, September 1, 2015 Worksession – 8:30 a.m.

Board Meeting – 10:00 a.m.

Tuesday, September 8, 2015 Extended Worksession – 8:30 a.m.

Joint Meeting with CPO Transition Team 11:00 a.m. – 2:00 p.m. WSCC Rooms 103/109

Tuesday, September 15, 2015 Worksession – 8:30 a.m.

Board Meeting – 10:00 a.m.

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Presentation – County Auditor Agenda Title: AUDITOR’S ANNUAL REPORT AND AUDIT PLAN Presented by: John Hutzler, County Auditor SUMMARY: In accordance with the County Charter, the Auditor will present his annual report to the Board and the public describing the activities of the Auditor’s Office during the preceding year and a plan for the upcoming year. Attachment: FY 2014-15 Annual Report and FY 2015-16 Audit Plan

Agenda Item No. 3.a.

Date: 08/18/15

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Auditor’s Annual Report for FY2014-15 and Audit Plan for FY 2015-16

In accordance with the County Charter, this is my annual report to the Board and the public describing the activities of the Auditor’s Office during the preceding year and a plan for the upcoming year.

Fiscal Year 2014-15: It was the worst of times; it was the best of times

The Worst of Times

With no budget increase over FY2013-14, I was unable to offer raises to staff, and the Auditor’s Office experienced a complete staff turnover in FY2014-15. After two recruitments, the Auditor’s Office finally returned to full staffing in April 2015. Staffing shortages severely impacted scheduled audit work. Audits in process of Jail Healthcare, Veterans Services, and LUT Capital Project Management were interrupted and delayed. Audits of Community Corrections, the County Fair Complex, the Ethics Hotline and a Peer Review of the Auditor’s Office were cancelled or postponed

The Best of Times

However, every cloud has a silver lining, and some of the most significant achievements of the Auditor’s Office over the past year resulted, at least in part, from budget and staffing constraints.

At the Annual Conference of the Association of Local Government Auditors in June, the Auditor’s Office received that organization’s highest achievement award for Best Performance Audit Report of 2014 for our audit of Jail Healthcare. We competed in the extra small shop category for offices of 1-2 auditors. Had it not been for the staffing shortages we would probably have been competing in a higher weight-class against offices with 3-5 auditors and might not have come out on top.

The budget shortfall also provided the impetus for the reclassification of positions within the Auditor’s Office, a key element of my plan for restructuring the audit function. When I took office in 2010, there was a single employee classification within the Auditor’s Office. The Program Auditor classification had been established 30 years earlier, and had remained unfilled for the past 15 years. Lacking the budget resources to replace and retain two Program Auditors, I took the opportunity to reclassify positions to provide for a journey-level Performance Auditor position and an advanced-journey-level Senior Performance Auditor position. Not only are the new titles and position descriptions more appropriate to the function of the Auditor’s Office, they also provide a path of advancement that should help with employee retention going forward. I thank Human Resources, the County Administrator’s Office and your Board for supporting the reclassification of these positions.

Other accomplishments of the year include releasing three audit reports, completing fieldwork on another audit, and initiating three more audits that will be completed in FY2015-16.

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I also completed the recruitment and hiring of two new employees. I would like to introduce Senior Performance Auditor Peter Morris who came to my office with 10 years of performance audit experience with the City of Portland and 10 years as a management analyst with the Washington County Sheriff’s Office. Pete has both a Master’s Degree and a Law Degree and, since being hired in January, has become a Certified Government Audit Professional. He is currently leading the audit of LUT Capital Project Management. Performance Auditor Keith Shoop came to us from the Hatfield Fellowship Program at Portland State. Keith has a Masters in Public Administration and several years of government experience. Keith has completed over 100 hours of professional training in government auditing since joining the office in April and will qualify as a Certified Government Audit Professional in 2016. Keith is conducting the audit of the Ethics Hotline and assisting with the audit of Capital Project Management.

First term overview

Since I completed my first four-year term as Washington County Auditor during the FY2014-15, I would also like to report briefly on the accomplishments of my office during that first term. This was a period of major transition for the Auditor’s Office. We restructured the office from a contract consultant model to an in-house staffing model, gradually increasing staffing from one FTE to its current level of three FTE. We developed the first Policy and Procedure Manual for the Washington County Auditor’s Office, and began conducting audits in accordance with government auditing standards, another first for the Auditor’s Office. Perhaps most notably, we accomplished this transition while more than doubling both the productivity and the efficiency of the Auditor’s Office.

FY2015-16 Audit Plan

Finally, I would like to present my audit plan for FY2015-2016. This year we will complete four audits that are already underway - Veterans Services, LUT Capital Projects, the Ethics Hotline, and the first Follow-Up of Jail Healthcare. We also plan to complete an audit of County compliance with the Payment Card Industry Data Security Standard and a second follow-up of the Audit of Executive Expenses. We also expect to ask the Association of Local Government Auditors to initiate a peer review of our office for compliance with government audit standards, and to start at least one additional audit, yet to be determined, that would likely not be completed until FY2016-17.

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Boards and Commissions (CPO All)

Agenda Title: APPROVE APPOINTMENTS TO THE REGIONAL ARTS AND CULTURE COUNCIL

Presented by: Robert Davis, County Administrative Office SUMMARY The Regional Arts and Culture Council’s (RACC) mission is to serve the citizens of Washington County and the region so that through vision, leadership, and service, arts and culture will be integrated in all aspects of community life. Eloise Damrosch, Executive Director of RACC, has requested the reappointment of Eileen L. Day to Position 14 on the Council, and the appointment of Raymond C. Cheung to Position 15; both representing Washington County. Both terms will end June 30, 2017. Attachment: Letter Requesting Appointments

DEPARTMENT’S REQUESTED ACTION Approve the reappointment of Eileen L. Day and the appointment of Raymond C. Cheung to the Regional Arts and Culture Council’s board of directors for a term ending June 30, 2017.

Agenda Item No. 4.a.

Date: 08/18/15

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Public Hearing – First Reading and First Public Hearing Land Use & Transportation; County Counsel (All CPOs)

Agenda Title: CONSIDER PROPOSED ORDINANCE NO. 800 – AN ORDINANCE ADDRESSING MINOR AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE

Presented by: Andrew Singelakis, Director of Land Use & Transportation Alan Rappleyea, County Counsel

SUMMARY: Ordinance No. 800 proposes six minor amendments to sections of the Community Development Code addressing; Definitions, Exclusions from Permit Requirement, Mixed Solid Waste and Recyclables Storage Facilities, Parking Requirements for Urban Residential Districts, standards for Model Homes, and Property Line Adjustments Outside the Urban Growth Boundary. The proposed ordinance is posted on the County's Land Use Ordinance web page at the following link: http://www.co.washington.or.us/LUT/Divisions/LongRangePlanning/2015-land-use-ordinances.cfm On July 15, 2015, the Planning Commission (PC) conducted a public hearing and voted 5:0 to recommend the Board adopt Ordinance No. 800. The staff report will be provided to the Board prior to the hearing and posted on the above land use ordinance web page. Copies of the report will be available electronically and at the Clerk’s desk prior to the hearing. Consistent with Board policy, testimony about the ordinance is limited to three minutes for individuals and 12 minutes for a representative of a group. Clerk’s Desk Item: Staff Report (click to access electronic copy) DEPARTMENT’S REQUESTED ACTION:

Read Ordinance No. 800 by title only and conduct the first public hearing. At the conclusion of the hearing, adopt Ordinance No. 800.

COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 5.a.

Date: 08/18/15

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Public Hearing – First Reading and First Public Hearing Land Use & Transportation; County Counsel (CPO 7)

Agenda Title: CONSIDER PROPOSED ORDINANCE NO. 801 – AN

ORDINANCE AMENDING THE NORTH BETHANY SUBAREA PLAN OF THE BETHANY COMMUNITY PLAN AND THE COMMUNITY DEVELOPMENT CODE RELATING TO DENSITY RESTRICTED LANDS AND NATURAL FEATURES BUFFER

Presented by: Andrew Singelakis, Director of Land Use & Transportation

Alan Rappleyea, County Counsel SUMMARY: Ordinance No. 801 proposes to amend Chapter 2: North Bethany Subarea Plan of the Bethany Community Plan and Washington County Community Development Code (CDC) Section 390 to reduce the “Natural Features Buffer with Fencing” to a uniform width of fifty (50) feet. The proposed ordinance adds new landscape screening and buffering requirements within the buffer, to ensure compatibility between new urban development within North Bethany and agricultural practices on adjacent rural lands outside the Urban Growth Boundary. The proposed ordinance is posted on the County's Land Use Ordinance web page at the following link: http://www.co.washington.or.us/LUT/Divisions/LongRangePlanning/2015-land-use-ordinances.cfm On July 15, 2015, the Planning Commission (PC) conducted a public hearing and continued the hearing to their August 5 meeting. The staff report, including the Planning Commission action, will be provided to the Board prior to the hearing and posted on the above land use ordinance web page. Copies of the report will be available electronically and at the Clerk’s desk prior to the hearing. Consistent with Board policy, testimony about the ordinance is limited to three minutes for individuals and 12 minutes for a representative of a group. Clerk’s Desk Items: Staff Report and Attachments A & B (click to access electronic copy) Attachment C: Testimony

Attachment D: 07/15/15 Staff Report Attachment E: Planning Commission Deliberations & 08/11/15 Testimony

DEPARTMENT’S REQUESTED ACTION: Read Ordinance No. 801 by title only and conduct the first public hearing. At the conclusion of public testimony, continue the hearing to September 1, 2015.

COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 5.b.

Date: 08/18/15

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Public Hearing – Land Use & Transportation (CPO 4B) Agenda Title: CONSIDER THE ANNEXATION OF THREE PARCELS AND

RIGHT-OF-WAY ON SW ROY ROGERS ROAD TOTALING APPROXIMATELY 19 ACRES TO CLEAN WATER SERVICES DISTRICT (15-017 LRP/BC)

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: The county received a request from Stacy Connery of Pacific Community Design, Inc., representing Polygon Northwest, to annex three parcels and right-of-way on SW Roy Rogers at 13705, 13819 and 13855 SW Roy Rogers Road to the Clean Water Services District (CWS). A consent petition of the property owners initiated this proposal.

The subject parcels are located within the Urban Growth Boundary and were annexed into the city of Tigard in 2011. While the properties are located within CWS’ ultimate service area they have not been brought into its service boundary.

The parcels are located north of SW Roshak Road and south of SW Scholls Ferry Road along the west side of SW Roy Rogers Road. It is further identified as tax map and lot numbers: 2S1060002900, 2S1060003000 and 2S1060003200. See Exhibit B for a map of the subject properties.

If the Board approves this proposal, the boundary change would become effective immediately. Notice of today’s hearing was made in accordance with state statutory requirements. A Resolution and Order and exhibits to approve the annexation are attached. Attachments: Resolution and Order Staff Report (Exhibit A) Site Map (Exhibit B) Legal Description (Exhibit C)

DEPARTMENT’S REQUESTED ACTION: 1) Conduct the public hearing to consider the annexation of the subject properties into the Clean

Water Services District. 2) Adopt a Resolution and Order approving the annexation with the approval becoming effective

immediately. 3) Authorize the Chair to sign the Resolution and Order for Service District Annexation 15-017

LRP/BC.

COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 5.c.

Date: 08/18/15

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Page 1 – RESOLUTION AND ORDER 15-017-R&O-bcc.doc

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IN THE BOARD OF COUNTY COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of Approving Boundary ) RESOLUTION AND ORDER ) Change Proposal No. 15-017 LRP/BC ) No.

The above-entitled matter (15-017 LRP/BC) came before the Board at its regular

meeting on August 18, 2015; and

It appearing to the Board that this proposal involves the annexation of three tax

lots [2S1060002900, 2S1060003000 and 2S1060003200], and right-of-way on SW Roy

Rogers Road located on 13705, 13819 and 13855 SW Roy Rogers Road to the Clean

Water Services District; and

It appearing to the Board that 15-017 LRP/BC was initiated by a consent petition of

the property owner and meets the requirements for initiation set forth in ORS 198.857,

ORS 198.750 and Metro Code 3.09.040 (A); and

It appearing to the Board that the Board is charged with deciding petitions for

boundary changes pursuant to ORS Chapter 198 and Metro Code Chapter 3.09; and

It appearing to the Board that notice of the meeting was provided pursuant to ORS

198.730, ORS 197.763 and Metro Code 3.09.030; and

It appearing to the Board that County staff have reviewed the proposed boundary

change and determined that it complies with the applicable procedural and substantive

standards and should be approved; and

It appearing to the Board that the Board has reviewed whatever written and oral

testimony has been provided regarding this proposal; now, therefore it is

RESOLVED AND ORDERED that Boundary Change Proposal No. 15-017

LRP/BC is approved, based on the analysis and findings in the Staff Report set forth in

Exhibit A, incorporated herein by reference; and it is further

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RESOLVED AND ORDERED that the property depicted in Exhibit B and legally

described in Exhibit C, incorporated herein by reference, is hereby declared to be

annexed to Clean Water Service District; and it is further

RESOLVED AND ORDERED the minor boundary change approval shall be

effective immediately; and it is further

RESOLVED AND ORDERED that the County Administrator, or his designee, shall

mail this decision to all necessary parties, file a map in final approved form with the

Department of Revenue as soon as practicable but not later than March 31, 2016 and

take such other steps as are required by law to effectuate this proposal.

DATED this 18th day of August, 2015.

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON CHAIRMAN RECORDING SECRETARY Date signed: Approved as to form: Sr. Assistant County Counsel for Washington County, Oregon

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A

Department of Land Use & Transportation • Long Range Planning Division 155 N. First Avenue, Suite 350-14, Hillsboro, OR 97124-3072

phone: (503) 846-3519 • fax: (503) 846-4412

Exhibit A

August 4 2015 To: Board of County Commissioners From: Andy Back, Planning and Development Services Manager Subject: MINOR BOUNDARY CHANGE PROPOSAL NO. 15-017 LRP/BC

ANNEXATION TO THE CLEAN WATER SERVICES DISTRICT

STAFF REPORT For the August 18, 2015 Board of Commissioners hearing (The public hearing will begin no sooner than 10:00 AM)

STAFF RECOMMENDATION Based on the analysis and findings in this staff report, staff recommends that the Board APPROVE Minor Boundary Change 15-017 LRP/BC with the approval becoming effective immediately. REQUESTED ACTION It is proposed that three parcels and right-of-way on SW Roy Rogers Road be annexed to the Clean Water Services District (CWS). Applicant / Owner: Polygon Northwest Company, LLC Applicant’s Representative: Stacy Connery, Pacific Community Design, Inc. Affected Property: 13705, 13819, and 13855 SW Roy Rogers Road, Tigard, OR

2S1060002900, 2S1060003000, and 2S1060003200 ENDORSEMENTS CWS supports the proposed annexation to its district. The Board of County Commissioners (Board) has endorsed the request as the Board of Directors of the Clean Water Services District as required by statute through Resolution and Order No. 15-5. The property was annexed into the City of Tigard in 2011 under city Ordinance No. 2011-07. Tigard’s endorsement of annexation of the area known as “River Terrace” (which includes the subject properties) into CWS was completed in June 3, 2015 through Resolution No. 15-25.

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Board of County Commissioners Staff Report Proposal No. 15-017 LRP/BC

August 4, 2015 Page 2 of 5

CITIZEN PARTICIPATION Notice of this hearing inviting testimony from interested parties was provided as required by statute and Metro Code. Notice consisted of: 1) Posting notices near the parcels and in the Public Services Building at least 20 days prior to the hearing; 2) Publishing notice twice in The Oregonian; 3) Mailing notices to all affected local governments and adjacent property owners. At the time of writing this staff report no comments were received. FINANCIAL IMPACT There are no known financial impacts associated with this minor boundary change to prevent the Board from approving the annexation. LEGAL ISSUES There are no known legal impacts associated with this minor boundary change to prevent the Board from approving the annexation. If the Board approves the proposal, the boundary change would become effective immediately. BACKGROUND A consent petition of the property owners initiated this proposal (Case File 15-017 LRP/BC). The petition meets the requirements for initiation set forth in ORS 198.857 (annexation without election by petition of landowner), ORS 198.750 (section of statute that specifies contents of petition) and Metro Code 3.09.040 (a) (lists minimum requirements for petition). The parcels to be annexed are located inside the Urban Growth Boundary within the limits of the City of Tigard. More specifically, the parcels are located at 13705, 13819, and 13855 SW Roy Rogers Road. The parcels and the abutting portions of the roadway on SW Roy Rogers Road make up a total of approximately 19 acres. The site is described as sloping generally from south to north with a drainage way, vegetated corridor and wetland areas. The parcels are identified as being predominantly agricultural with two existing dwellings; however the applicant plans to develop the site with approximately 137 residential lots. The total assessed value of the area is approximately $924,750. REASON FOR ANNEXATION The owners of the property desire to annex into CWS for the future development of the sewer and storm water facilities and to meet the requirements of the city.

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Board of County Commissioners Staff Report Proposal No. 15-017 LRP/BC

August 4, 2015 Page 3 of 5

CRITERIA Oregon Revised Statute Chapter 198 directs the Board to “consider the local comprehensive plan for the area and any service agreement executed between a local government and the affected district.” A second set of criteria can be found in the Metro Code. To approve a boundary change, the reviewing entity [the County Board] must apply the criteria and consider the factors set forth in the Code. To approve a boundary change the County must:

(1) Find that the change is consistent with expressly applicable provisions in:

(A) Any applicable urban service agreement adopted pursuant to ORS

195.205;

(B) Any applicable annexation plan adopted pursuant to ORS 195.205; (C) Any applicable cooperative planning agreement adopted pursuant to ORS

195.020 (2) between the affected entity and a necessary party; (D) Any applicable public facility plan adopted pursuant to a statewide

planning goal on public facilities and services; (E) Any applicable comprehensive plan; and (F) Any applicable concept plan.

(2) Consider whether the boundary change would:

(A) Promote the timely, orderly and economic provision of public facilities and services;

(B) Affect the quality and quantity of urban services; and

(C) Eliminate or avoid unnecessary duplication of facilities and services.

This proposed annexation request was submitted after the approved annexation of the subject parcel into the city limits of Tigard in October 2011. CWS and the city are parties to a City-Agency Intergovernmental Agreement, identifying the responsibility of each agency. The parcels are within CWS’ ultimate service area and the proposed action is consistent with this agreement. The subject site is part of the River Terrace Area annexed into the City of Tigard. The city has adopted conceptual plans for public facilities systems in this area. The proposed annexation will allow the site to be serviced in a timely manner by the existing system.

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Board of County Commissioners Staff Report Proposal No. 15-017 LRP/BC

August 4, 2015 Page 4 of 5

LAND USE PLANNING REGIONAL PLANNING General Information The properties are inside the regional Urban Growth Boundary (UGB) and are being annexed into Metro's jurisdictional boundary. Regional Framework and Functional Plans The law that requires Metro to adopt criteria for boundary changes specifically states that Metro shall “ . . . ensure that a boundary change is in compliance with the Metro regional framework plan as defined in ORS 197.015 and cooperative agreements and urban service agreements adopted pursuant to ORS 195." ORS 197.015 states, “Metro regional framework plan means the regional framework plan required by the 1992 Metro Charter or its separate components.” The Regional Framework Plan was reviewed and found not to contain specific criteria applicable to boundary changes. There are two adopted regional functional plans, the Urban Growth Management Functional Plan and the Regional Transportation Plan, which were examined and found not to contain any directly applicable standards and criteria for boundary changes. Staff finds this request complies with regional criteria for annexation. COUNTY PLANNING The property was annexed to the City of Tigard in 2011 under city Ordinance No. 2011-010. The County’s Comprehensive Framework Plan for the Urban Area contains Policy 15, which is relevant to the annexation. Implementation Strategy h. of Policy 15 says: The County will: ***

h. Not oppose proposed annexations to a special service district:

1. That are consistent with an urban service agreement; or 2. If no urban service agreement applies to the property, the property lies within an area

for which the district is designated a party in a cooperative agreement adopted pursuant to ORS 195.020 and the district has adopted a Master Plan for the area.

Annexations to special service districts that are consistent with an adopted urban service agreement are deemed to be consistent with the Washington County Plan.

This proposed annexation request was submitted after the approved annexation of the subject parcel into the city limits of Tigard. CWS and the city are parties to a City-Agency

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Board of County Commissioners Staff Report Proposal No. 15-017 LRP/BC

August 4, 2015 Page 5 of 5

Intergovernmental Agreement, identifying the responsibility of each agency. The action is consistent with the Washington County Comprehensive Plan, and therefore the County does not oppose this annexation. CITY PLANNING The subject parcels are located in the city limits of Tigard and each parcel contains split zoning between the city’s R-25 (Residential-25 units per acre) and R-12 (Residential-12 units per acre). The applicant is proposing to construct 137 residential lots as part of a planned development on the approximately 19 acre site. The applicant is working with the City of Tigard through their land use process. Development of the site will include connection of water, storm and sewer lines to the city system. Staff finds this request complies with city planning requirements. FACILITIES AND SERVICES ORS 195 Agreements: ORS 195 requires agreements between providers of urban services. Urban services are defined as: sanitary sewers, water, fire protection, parks, open space, recreation and streets, roads and mass transit. These agreements are to specify which governmental entity will provide which service to which area in the long term. The counties are responsible for facilitating the creation of these agreements. Water: Water service will be provided by the City of Tigard and will be available from an existing water line located in the right-of-way of SW Roy Rogers Road. Sewer: Sewer service will be provided by the City of Tigard and will access an existing line on SW Roy Rogers Road. Storm Drainage: CWS has responsibility for surface water management within the Washington County urban growth boundary. CWS has entered into an intergovernmental agreement with the City of Tigard for allocation of City and CWS responsibilities. Storm drainage will be provided in new facilities outlined in the River Terrance Storm Drainage Master Plan. Parks and Recreation: The parcel is located in the City of Tigard and therefore receives park and recreation services from the city. Transportation: The property is served by SW Roy Rogers Road. Fire: The area to be annexed is served by Tualatin Valley Fire and Rescue. Fire Station 69 is the closest station located north of the subject site at 9940 SW 175th Avenue. Police: The City of Tigard provides police service to the subject site. Staff finds that this request complies with the requirements of ORS 195 and recommends approval of the annexation of the property.

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Public Hearing – Land Use & Transportation (CPO 4B) Agenda Title: CONSIDER THE ANNEXATION OF SEVEN PARCELS AND

RIGHTS-OF-WAY ON SW ROY ROGERS, SW ROSHAK, AND SW BULL MOUNTAIN ROADS TOTALING APPROXIMATELY 40 ACRES TO THE CLEAN WATER SERVICES DISTRICT (15-018 LRP/BC)

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY:

The county received a request from Stacy Connery of Pacific Community Design, Inc., representing Polygon Northwest, to annex seven parcels and rights-of-way on SW Roy Rogers Road, SW Roshak Road, and SW Bull Mountain Road to the Clean Water Services District (CWS). A consent petition of the property owners initiated this proposal.

The subject parcels are located within the Urban Growth Boundary and were annexed into the city limits of Tigard in 2011. While the properties are located within CWS’ ultimate service area they have not been brought into its service boundary.

The parcels are located south of SW Roshak Road and north of SW Bull Mountain Road between SW Roy Rogers Road and SW 164th Avenue. It is further identified as tax map and lot numbers: 2S1070000100, 2S1070000101, 2S1070000102, 2S1070000103, 2S1070000104, 2S1070000105, and 2S1070000106. See Exhibit B for a map of the subject properties.

If the Board approves this proposal, the boundary change would become effective immediately. Notice of today’s hearing was made in accordance with state statutory requirements. A Resolution and Order and exhibits to approve the annexation are attached. Attachments: Resolution and Order Staff Report (Exhibit A) Site Map (Exhibit B) Legal Description (Exhibit C)

DEPARTMENT’S REQUESTED ACTION: 1) Conduct the public hearing to consider the annexation of the subject properties into the Clean

Water Services District. 2) Adopt a Resolution and Order approving the annexation with the approval becoming effective

immediately. 3) Authorize the Chair to sign the Resolution and Order for Service District Annexation 15-018

LRP/BC. COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 5.d.

Date: 08/18/15

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IN THE BOARD OF COUNTY COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of Approving Boundary ) RESOLUTION AND ORDER ) Change Proposal No. 15-018 LRP/BC ) No.

The above-entitled matter (15-018 LRP/BC) came before the Board at its regular

meeting on August 18, 2015; and

It appearing to the Board that this proposal involves the annexation of seven tax

lots [2S1070000100, 2S1070000101, 2S1070000102, 2S1070000103, 2S1070000104,

2S1070000105 and 2S1070000106], and rights-of-way on SW Roy Rogers Road, SW

Bull Mountain Road, and SW Roshak Road to the Clean Water Services District; and

It appearing to the Board that 15-018 LRP/BC was initiated by a consent petition of

the property owner and meets the requirements for initiation set forth in ORS 198.857,

ORS 198.750 and Metro Code 3.09.040 (A); and

It appearing to the Board that the Board is charged with deciding petitions for

boundary changes pursuant to ORS Chapter 198 and Metro Code Chapter 3.09; and

It appearing to the Board that notice of the meeting was provided pursuant to ORS

198.730, ORS 197.763 and Metro Code 3.09.030; and

It appearing to the Board that County staff have reviewed the proposed boundary

change and determined that it complies with the applicable procedural and substantive

standards and should be approved; and

It appearing to the Board that the Board has reviewed whatever written and oral

testimony has been provided regarding this proposal; now, therefore it is

RESOLVED AND ORDERED that Boundary Change Proposal No. 15-018

LRP/BC is approved, based on the analysis and findings in the Staff Report set forth in

Exhibit A, incorporated herein by reference; and it is further

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RESOLVED AND ORDERED that the property depicted in Exhibit B and legally

described in Exhibit C, incorporated herein by reference, is hereby declared to be

annexed to Clean Water Service District; and it is further

RESOLVED AND ORDERED the minor boundary change approval shall be

effective immediately; and it is further

RESOLVED AND ORDERED that the County Administrator, or his designee, shall

mail this decision to all necessary parties, file a map in final approved form with the

Department of Revenue as soon as practicable but not later than March 31, 2016 and

take such other steps as are required by law to effectuate this proposal.

DATED this 18th day of August, 2015.

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON CHAIRMAN RECORDING SECRETARY Date signed: Approved as to form: Sr. Assistant County Counsel for Washington County, Oregon

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A

Department of Land Use & Transportation • Long Range Planning Division 155 N. First Avenue, Suite 350-14, Hillsboro, OR 97124-3072

phone: (503) 846-3519 • fax: (503) 846-4412

Exhibit A

August 4 2015 To: Board of County Commissioners From: Andy Back, Planning and Development Services Manager Subject: MINOR BOUNDARY CHANGE PROPOSAL NO. 15-018 LRP/BC

ANNEXATION TO THE CLEAN WATER SERVICES DISTRICT

STAFF REPORT For the August 18, 2015 Board of Commissioners hearing (The public hearing will begin no sooner than 10:00 AM)

STAFF RECOMMENDATION Based on the analysis and findings in this staff report, staff recommends that the Board APPROVE Minor Boundary Change 15-018 LRP/BC with the approval becoming effective immediately. REQUESTED ACTION It is proposed that seven parcels and rights-of-way on SW Roy Rogers Road, SW Roshak Road and SW Bull Mountain Road be annexed to the Clean Water Services District (CWS). Applicant / Owner: Polygon Northwest Company, LLC Applicant’s Representative: Stacy Connery, Pacific Community Design, Inc. Affected Property: 16515 SW Bull Mountain Road, and six unaddressed parcels

2S1070000100, 2S1070000101, 2S1070000102, 2S1070000103, 2S1070000104, 2S1070000105, and 2S1070000106

ENDORSEMENTS CWS supports the proposed annexation to its district. The Board of County Commissioners (Board) has endorsed the request as the Board of Directors of the Clean Water Services District as required by statute through Resolution and Order No. 15-5.

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Board of County Commissioners Staff Report Proposal No. 15-018 LRP/BC

August 4, 2015 Page 2 of 5

The property was annexed into the City of Tigard in 2011 under city Ordinance No. 2011-07 Tigard’s endorsement of annexation of the area known as “River Terrace” (which includes the subject properties) into CWS was completed on June 3, 2015 through Resolution No. 15-25. CITIZEN PARTICIPATION Notice of this hearing inviting testimony from interested parties was provided as required by statute and Metro Code. Notice consisted of: 1) Posting notices near the parcels and in the Public Services Building at least 20 days prior to the hearing; 2) Publishing notice twice in The Oregonian; 3) Mailing notices to all affected local governments and adjacent property owners. At the time of writing this staff report no comments were received. FINANCIAL IMPACT There are no known financial impacts associated with this minor boundary change to prevent the Board from approving the annexation. LEGAL ISSUES There are no known legal impacts associated with this minor boundary change to prevent the Board from approving the annexation. If the Board approves the proposal, the boundary change would become effective immediately. BACKGROUND A consent petition of the property owners initiated this proposal (Case File 15-018 LRP/BC). The petition meets the requirements for initiation set forth in ORS 198.857 (annexation without election by petition of landowner), ORS 198.750 (section of statute that specifies contents of petition) and Metro Code 3.09.040 (a) (lists minimum requirements for petition). The parcels to be annexed are located inside the Urban Growth Boundary within the city limits of Tigard. One parcel is located at 16515 SW Bull Mountain Road and six are unaddressed parcels. The parcels and the abutting portions of the roadway on SW Roy Rogers Road, SW Roshak, and SW Bull Mountain Road make up a total of approximately 40 acres. The site is described as predominately agricultural with one single family home; however, the applicant plans to develop the site with approximately 244 residential units. The current total assessed value of the area is approximately $400,630. REASON FOR ANNEXATION The owners of the property desire to annex into CWS for the future development of the sewer and storm water facilities and to meet the requirements of the city.

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Board of County Commissioners Staff Report Proposal No. 15-018 LRP/BC

August 4, 2015 Page 3 of 5

CRITERIA Oregon Revised Statute Chapter 198 directs the Board to “consider the local comprehensive plan for the area and any service agreement executed between a local government and the affected district.” A second set of criteria can be found in the Metro Code. To approve a boundary change, the reviewing entity [the County Board] must apply the criteria and consider the factors set forth in the Code. To approve a boundary change the County must:

(1) Find that the change is consistent with expressly applicable provisions in:

(A) Any applicable urban service agreement adopted pursuant to ORS

195.205;

(B) Any applicable annexation plan adopted pursuant to ORS 195.205; (C) Any applicable cooperative planning agreement adopted pursuant to ORS

195.020 (2) between the affected entity and a necessary party; (D) Any applicable public facility plan adopted pursuant to a statewide

planning goal on public facilities and services; (E) Any applicable comprehensive plan; and (F) Any applicable concept plan.

(2) Consider whether the boundary change would:

(A) Promote the timely, orderly and economic provision of public facilities and services;

(B) Affect the quality and quantity of urban services; and

(C) Eliminate or avoid unnecessary duplication of facilities and services.

This proposed annexation request was submitted after the approved annexation of the subject parcel into the city limits of Tigard in October 2011. CWS and the city are parties to a City-Agency Intergovernmental Agreement, identifying the responsibility of each agency. The parcels are within CWS’ ultimate service area and the proposed action is consistent with this agreement. The subject site is part of the River Terrace Area annexed into the City of Tigard. The city adopted conceptual plans for public facilities systems in this area. The proposed annexation will allow the site to be serviced in a timely manner by the expansion of the existing system.

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Board of County Commissioners Staff Report Proposal No. 15-018 LRP/BC

August 4, 2015 Page 4 of 5

LAND USE PLANNING REGIONAL PLANNING General Information The properties are inside the regional Urban Growth Boundary (UGB) and are also being annexed into Metro's jurisdictional boundary. Regional Framework and Functional Plans The law that requires Metro to adopt criteria for boundary changes specifically states that Metro shall “ . . . ensure that a boundary change is in compliance with the Metro regional framework plan as defined in ORS 197.015 and cooperative agreements and urban service agreements adopted pursuant to ORS 195." ORS 197.015 states, “Metro regional framework plan means the regional framework plan required by the 1992 Metro Charter or its separate components.” The Regional Framework Plan was reviewed and found not to contain specific criteria applicable to boundary changes. There are two adopted regional functional plans, the Urban Growth Management Functional Plan and the Regional Transportation Plan, which were examined and found not to contain any directly applicable standards and criteria for boundary changes. Staff finds this request complies with regional criteria for annexation. COUNTY PLANNING The property was annexed to the City of Tigard in 2011 under city Ordinance No. 2011-07. The County’s Comprehensive Framework Plan for the Urban Area contains Policy 15, which is relevant to the annexation. Implementation Strategy h. of Policy 15 says: The County will: ***

h. Not oppose proposed annexations to a special service district:

1. That are consistent with an urban service agreement; or 2. If no urban service agreement applies to the property, the property lies within an area

for which the district is designated a party in a cooperative agreement adopted pursuant to ORS 195.020 and the district has adopted a Master Plan for the area.

Annexations to special service districts that are consistent with an adopted urban service agreement are deemed to be consistent with the Washington County Plan.

This proposed annexation request was submitted after the approved annexation of the subject parcel into the city limits of Tigard. CWS and the city are parties to a City-Agency Intergovernmental Agreement, identifying the responsibility of each agency. The action is

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Board of County Commissioners Staff Report Proposal No. 15-018 LRP/BC

August 4, 2015 Page 5 of 5

consistent with the Washington County Comprehensive Plan, and therefore the County does not oppose this annexation. CITY PLANNING The subject parcels are located in the city limits of Tigard and contains a combination of the following city zoning designations: R-4.5 (Residential-4.5 units per acre), R-7 (Residential-7 units per acre), and R-12 (Residential-12 units per acre). The applicant is proposing to construct 244 residential units as part of a planned development on the approximately 40 acre site. The applicant is working with the City of Tigard through their land use process. Development of the site will include connection of water, storm and sewer lines to the city system and the eventual connection to CWS’ regional system. Staff finds this request complies with city planning requirements. FACILITIES AND SERVICES ORS 195 Agreements: ORS 195 requires agreements between providers of urban services. Urban services are defined as: sanitary sewers, water, fire protection, parks, open space, recreation and streets, roads and mass transit. These agreements are to specify which governmental entity will provide which service to which area in the long term. The counties are responsible for facilitating the creation of these agreements. Water: Water service will be provided by the City of Tigard and will be available from an existing water line located in the right-of-way of SW Bull Mountain Road. Sewer: Sewer service is not available to this site. Off-site sewer extension will be provided to connect to a planned pump station as approved by the City of Tigard. Storm Drainage: CWS has responsibility for surface water management within the Washington County UGB. CWS has entered into an intergovernmental agreement with the City of Tigard for allocation of City and CWS responsibilities. Storm drainage will connected to existing facilities on SW Bull Mountain Road or SW Roy Rogers Road. Parks and Recreation: The parcel is located within the city limits of Tigard and therefore receives park and recreation services from the city. Transportation: The property is served by SW Roy Rogers Road and Bull Mountain Road. Fire: The area to be annexed is served by Tualatin Valley Fire and Rescue. Fire Station 69 is the closest station located north of the subject site at 9940 SW 175th Avenue. Police: The City of Tigard provides police service to the subject site. Staff finds that this request complies with the requirements of ORS 195 and recommends approval of the annexation of the property.

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Public Hearing – Land Use & Transportation (CPO 6) Agenda Title: CONSIDER THE ANNEXATION OF ONE PARCEL AT 9940 SW

175TH AVENUE TOTALING APPROXIMATELY 3.4 ACRES TO TUALATIN HILLS PARK AND RECREATION DISTRICT (15-024 LRP/BC)

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY:

The county received a request from Serah Breakstone of Angelo Planning Group, representing Tualatin Valley Fire and Rescue, to annex one parcel at 9940 SW 175th Avenue to the Tualatin Hills Park and Recreation District (THPRD). A consent petition of the property owners initiated this proposal.

The subject parcel is located within the Urban Growth Boundary in unincorporated Washington County. While they are located within THPRD’s ultimate service area they have not been brought into its service boundary.

The parcel is located at the northeast corner of SW Weir Road and SW 175th Avenue. It is further identified as tax map and lot number 1S130DC01600. See Exhibit B for a map of the subject properties.

If the Board approves this proposal, the boundary change would become effective immediately. Notice of today’s hearing was made in accordance with state statutory requirements. A Resolution and Order and exhibits to approve the annexation are attached. Attachments: Resolution and Order Staff Report (Exhibit A) Site Map (Exhibit B) Legal Description (Exhibit C)

DEPARTMENT’S REQUESTED ACTION: 1) Conduct the public hearing to consider the annexation of the subject properties into the Tualatin

Hills Park and Recreation District. 2) Adopt a Resolution and Order approving the annexation with the approval becoming effective

immediately. 3) Authorize the Chair to sign the Resolution and Order for Service District Annexation 15-024

LRP/BC.

COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 5.e.

Date: 08/18/15

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IN THE BOARD OF COUNTY COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of Approving Boundary ) RESOLUTION AND ORDER ) Change Proposal No. 15-024 LRP/BC ) No.

The above-entitled matter (15-024 LRP/BC) came before the Board at its regular

meeting on August 18, 2015; and

It appearing to the Board that this proposal involves the annexation of one tax lot

[1S130DC01600], located at 9940 SW 175th Avenue to the Tualatin Hills Park and

Recreation District; and

It appearing to the Board that 15-024 LRP/BC was initiated by a consent petition of

the property owner and meets the requirements for initiation set forth in ORS 198.857,

ORS 198.750 and Metro Code 3.09.040 (A); and

It appearing to the Board that the Board is charged with deciding petitions for

boundary changes pursuant to ORS Chapter 198 and Metro Code Chapter 3.09; and

It appearing to the Board that notice of the meeting was provided pursuant to ORS

198.730, ORS 197.763 and Metro Code 3.09.030; and

It appearing to the Board that County staff have reviewed the proposed boundary

change and determined that it complies with the applicable procedural and substantive

standards and should be approved; and

It appearing to the Board that the Board has reviewed whatever written and oral

testimony has been provided regarding this proposal; now, therefore it is

RESOLVED AND ORDERED that Boundary Change Proposal No. 15-024

LRP/BC is approved based on the analysis and findings in the Staff Report set forth

in Exhibit A, incorporated herein by reference; and it is further

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RESOLVED AND ORDERED that the property depicted in Exhibit B and legally

described in Exhibit C, incorporated herein by reference, is hereby declared to be

annexed to Tualatin Hills Park and Recreation District; and it is further

RESOLVED AND ORDERED the minor boundary change approval shall be

effective immediately; and it is further

RESOLVED AND ORDERED that the County Administrator, or his designee, shall

mail this decision to all necessary parties, file a map in final approved form with the

Department of Revenue as soon as practicable but not later than March 31, 2016 and

take such other steps as are required by law to effectuate this proposal.

DATED this 18th day of August, 2015.

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON CHAIRMAN RECORDING SECRETARY Date signed: Approved as to form: Sr. Assistant County Counsel for Washington County, Oregon

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Exhibit A E

WASHINGTON COUNTY OREGON

Department of Land Use & Transportation • Long Range Planning Division 155 N. First Avenue, Suite 350-14, Hillsboro, OR 97124-3072

phone: (503) 846-3519 • fax: (503) 846-4412

August 4, 2015

To: Board of County Commissioners From: Andy Back, Planning and Development Services Manager Subject: MINOR BOUNDARY CHANGE CASEFILE NO. 15-024 LRP/BC

ANNEXATION TO THE TUALATIN HILLS PARK AND RECREATION DISTRICT

STAFF REPORT

For the August 18, 2015 Board of Commissioners hearing (The public hearing will begin no sooner than 10:00 AM)

STAFF RECOMMENDATION Based on the analysis and findings in this staff report, staff recommends that the Board APPROVE Minor Boundary Change Casefile No. 15-024 LRP/BC with the approval becoming effective immediately. REQUESTED ACTION It is proposed that one parcel be annexed to the Tualatin Hills Park and Recreation District (THPRD). Applicant / Owner: Tualatin Valley Fire and Rescue (TVF&R) Applicant’s Representative: Serah Breakstone Affected Property: 9940 SW 175th Avenue

Map and Tax Lot: 1S130DC01600 ENDORSEMENTS THPRD provided a general endorsement of all future annexation of properties that are within the District’s ultimate service area on December 9, 2013 (Resolution No. 2013-29).

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Board of County Commissioners Staff Report Casefile No. 15-024 LRP/BC

August 4, 2015 Page 2 of 6

CITIZEN PARTICIPATION Notice of this hearing inviting testimony from interested parties was provided as required by statute and Metro Code. Notice consisted of: 1) Posting notices near the parcels and in the Public Services Building at least 20 days prior to the hearing; 2) Publishing notice twice in The Oregonian; 3) Mailing notices to all affected local governments and adjacent property owners. At the time of writing this staff report no comments were received. FINANCIAL IMPACT There are no known financial impacts associated with this minor boundary change to prevent the Board from approving the annexation. LEGAL ISSUES There are no known legal impacts associated with this minor boundary change to prevent the Board from approving the annexation. If the Board approves the proposal, the boundary change would become effective immediately. BACKGROUND A consent petition of the property owners initiated this proposal (Casefile No. 15-024 LRP/BC). The petition meets the requirement for initiation set forth in ORS 198.857 (annexation without election by petition of landowner), ORS 198.750 (section of statute that specifies contents of petition) and Metro Code 3.09.040 (a) (lists minimum requirements for petition). The parcel to be annexed is located at the northeast corner of SW 175th Avenue and SW Weir Road. The parcel is approximately 3.4 acres in size with a fire station and associated parking and landscaping covering a portion of the site. The remaining portion of the site is undeveloped with an open field and stands of trees. The assessed value of the site is $874,920. REASON FOR ANNEXATION TVF&R proposes to expand the existing fire station by approximately 2,000 square feet and additional building upgrades. An application is pending with the county identified as Casefile No. 15-229-SU/D(INS). Approval for this development will include a condition requiring annexation into THPRD. To comply with future conditions the applicant is requesting annexation into the THPRD service boundary.

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Board of County Commissioners Staff Report Casefile No. 15-024 LRP/BC

August 4, 2015 Page 3 of 6

CRITERIA Oregon Revised Statute Chapter 198 directs the Board to “consider the local comprehensive plan for the area and any service agreement executed between a local government and the affected district.” A second set of criteria can be found in the Metro Code. To approve a boundary change, the reviewing entity [the County Board] must apply the criteria and consider the factors set forth in the Code. To approve a boundary change the county must:

(1) Find that the change is consistent with expressly applicable provisions in:

(A) Any applicable urban service agreement adopted pursuant to ORS

195.205;

(B) Any applicable annexation plan adopted pursuant to ORS 195.205; (C) Any applicable cooperative planning agreement adopted pursuant to ORS

195.020 (2) between the affected entity and a necessary party; (D) Any applicable public facility plan adopted pursuant to a statewide

planning goal on public facilities and services; (E) Any applicable comprehensive plan; and (F) Any applicable concept plan.

(2) Consider whether the boundary change would:

(A) Promote the timely, orderly and economic provision of public facilities and services;

(B) Affect the quality and quantity of urban services; and

(C) Eliminate or avoid unnecessary duplication of facilities and services.

The subject parcel has a land use designation of Institutional and is located within the county’s Aloha-Reedville Cooper Mountain Plan area, specifically in the Cooper Mountain subarea. There is no adopted urban service agreement for THPRD’s long term service boundary. However an intergovernmental agreement between the county and THPRD (October 4, 2004) identifies THPRD as the park service provider for urban unincorporated Washington County. Washington County amended its Comprehensive Plan to identify THPRD’s long term service boundary, which includes the subject parcel. The proposed annexation is also consistent with the implementation of the District’s 20-year Comprehensive Master Plan, showing the subject area within THPRD’s ultimate service area. Staff finds the proposed annexation will not result in duplication of facilities and services as THPRD is the sole park provider for unincorporated

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Board of County Commissioners Staff Report Casefile No. 15-024 LRP/BC

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Washington County and that the annexation will not affect the timely, orderly and economic provision of quality public facilities and services. LAND USE PLANNING REGIONAL PLANNING General Information The property to be annexed is inside Metro's jurisdictional boundary and inside the regional Urban Growth Boundary (UGB). Regional Framework Plan The law that requires Metro to adopt criteria for boundary changes specifically states that Metro shall “ . . . ensure that a boundary change is in compliance with the Metro regional framework plan as defined in ORS 197.015 and cooperative agreements and urban service agreements adopted pursuant to ORS 195." ORS 197.015 states, “Metro regional framework plan means the regional framework plan required by the 1992 Metro Charter or its separate components.” The Regional Framework Plan was reviewed and found not to contain specific criteria applicable to boundary changes. There are two adopted regional functional plans, the Urban Growth Management Functional Plan and the Regional Transportation Plan, which were examined and found not to contain any directly applicable standards and criteria for boundary changes. Staff finds this request complies with regional criteria for annexation. COUNTY PLANNING The county’s Comprehensive Framework Plan for the Urban Area contains Policy 15, which is relevant to the annexation. Implementation Strategy h of Policy 15 says: The county will: ***

h. Not oppose proposed annexations to a special service district:

1. That are consistent with an urban service agreement; or

2. If no urban service agreement applies to the property, the property lies within an area for which the district is designated a party in a cooperative agreement adopted pursuant to ORS 195.020 and the district has adopted a Master Plan for the area.

Annexations to special service districts that are consistent with an adopted urban service agreement are deemed to be consistent with the Washington County Plan.

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***

p. Require developing properties not currently located within the service area of a park district that provides park and recreation services to annex to a park district when the following conditions are met:

1. The property lies within an area identified for park and recreation service by a park

district in an urban service agreement adopted pursuant to ORS 195.065; or, if no urban service agreement applies to the property, the property lies within an area for which a park district is designated a party to a cooperative agreement adopted pursuant to ORS 195.020; and

2. The park district has adopted a Park Master Plan for the subject area which provides

the basis for that development of park and recreation facilities.

q. Identify the Tualatin Hills Park & Recreation District as the park and recreation provider to urban unincorporated properties lying between the Hillsboro, Tigard and Portland urban service boundaries, excluding properties outside of THPRD that were added to the Regional Urban Growth Boundary after 2001.

There is no adopted urban service agreement for THPRD’s long term service boundary. However an intergovernmental agreement between the county and THPRD (October 4, 2004) identifies THPRD as the park service provider for urban unincorporated Washington County. Further Washington County amended its Comprehensive Plan to identify THPRD’s long term service boundary. As noted above in (q), the Plan identifies THPRD as the appropriate provider of parks and recreation services within these urban unincorporated areas in Washington County. The proposed annexation is also consistent with the implementation of the District’s 20-year Comprehensive Master Plan, showing the subject areas within THPRD’s ultimate service area. Therefore, the county will not oppose this annexation as the action is consistent with the intergovernmental agreement and the county’s and THPRD’s Comprehensive Plans. FACILITIES AND SERVICES ORS 195 Agreements: ORS 195 requires agreements between providers of urban services. Urban services are defined as: sanitary sewers, water, fire protection, parks, open space, recreation and streets, roads and mass transit. These agreements are to specify which governmental entity will provide which service to which area in the long term. The counties are responsible for facilitating the creation of these agreements. Water: The site will be served by Tualatin Valley Water District with an existing water line on NW 147th Place. Sewer: The site will be served by Clean Water Services (CWS). Storm Drainage: CWS will serve the subject site for surface water management.

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Board of County Commissioners Staff Report Casefile No. 15-024 LRP/BC

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Parks and Recreation: The subject parcels are located within THPRD’s ultimate service area. The applicant is in the process of obtaining approval to be annexed into THPRD’s service area. Transportation: The property is served by SW 175th Avenue and SW Weir Road, and is within the Urban Road Maintenance District. Fire: The subject site contains a TVF&R fire station. Police: Washington County Sheriff provides police service to the area and the parcels are in the Enhanced Sheriff’s Patrol District. Staff finds that this request complies with the requirements of ORS 195 and recommends approval of the annexation of the property.

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Public Hearing – County Counsel (All CPOs) Agenda Title: CONDUCT SECOND READING AND FIRST PUBLIC HEARING OF

ORDINANCE NO. 806 ESTABLISHING COMMISSIONER DISTRICT BOUNDARIES IN ACCORDANCE WITH THE AMENDMENTS TO CHAPTER 84 OF THE CHARTER AND REPEALING ORDINANCE 585

Presented by: Alan Rappleyea, County Counsel SUMMARY: In November of 2014, the voters of Washington County amended Chapter 84 of the Washington County Charter. The amendment modified the Charter to reduce the differential that initiates a population reapportionment between districts from 115 percent to 105 percent. It also reduced the allowed differential between districts when reapportionment is complete from 110 percent to 103 percent. Additionally, the ballot title made clear that a one-time, mid-Census cycle reapportionment would be done to meet the new standards rather than wait until the 2020 Census. The 2010 Census report demonstrated that the commissioner district population reapportionment is triggered under the new 105 percent standard. After discussion with the Board and with assistance from the Population Research Center at PSU, the County Administrator prepared boundary change options for review by the Board and the public. The review criteria for this work were guided by ORS 188.010, as well as three additional criteria established by the Board: utilize transportation routes for boundaries, maintain District 1’s urban-suburban focus, and allocate new urbanizing areas between each of the four districts. Community engagement was sought through four traditional open houses and a web-based input option. Public comment strongly supported Proposal C.1. Following a public hearing on June 23, 2015, the Board requested small changes to Proposal C.1 and directed the County Administrator to work with County Counsel to develop an ordinance that implements the updated version. Attachment: Ordinance 806

DEPARTMENT’S REQUESTED ACTION:

Conduct the second reading of the ordinance, conduct the public hearing and adopt the ordinance.

Agenda Item No. 6.a.

Date: 08/18/15

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Page 2 – Ordinance No. 806

WASHINGTON COUNTY COUNSEL 155 N. FIRST AVENUE, SUITE 340, MS 24

HILLSBORO, OR 97124-3072 PHONE (503) 846-8747 - FAX (503) 846-8636

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communities with common interests or identities, establish easily recognizable and logical

boundaries and to minimize dilution of the voting strength of any cultural or ethnic minority group.

Finally, the Board directed the County Administrator to incorporated three additional criteria:

utilize transportation routes for boundaries, maintain District 1’s urban-suburban focus, and allocate

new urbanizing areas between each of the four districts.

SECTION 2. DEFINITIONS: A. The Board carefully has reviewed the proposal of the County Administrator and has

considered the testimony and written comments offered by interested citizens.

B. Based on all of the information provided to the Board and its consideration of the

relevant factors, the Board finds it is in the best interest of the citizens of Washington County to

adopt the commissioner districts set forth in Exhibit “A” hereto, and specifically finds that:

1. The districts achieve the goal of approximately equal population distribution,

represent a significant improvement over the existing district population distribution and will

minimize disparities over time as population increases continue;

2. The boundaries generally are more easily recognizable and logical. Citizens

will find it easier to ascertain and remember the district in which they reside;

3. The division of communities of common interest is minimized, recognizing

that it is not practicable to avoid all divisions; and

4. The voting strength by race and ethnicity is preserved.

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SECTION 3.

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Page 3 – Ordinance No. 806

WASHINGTON COUNTY COUNSEL 155 N. FIRST AVENUE, SUITE 340, MS 24

HILLSBORO, OR 97124-3072 PHONE (503) 846-8747 - FAX (503) 846-8636

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The commissioner district boundaries set forth in the boundary descriptions attached as

Exhibit “A,” hereby are adopted as the official electoral districts for the office of commissioner of

the Washington County Board of Commissioners, noting that the Chairman of the Board is elected

at-large throughout Washington County.

SECTION 4.

Ordinance No. 585, and the commissioner districts adopted therein, hereby is repealed.

SECTION 5.

A. A determination by a court of competent jurisdiction that any section, clause, phrase,

or word of this Ordinance, or its application is invalid or unenforceable for any reason shall not

affect the validity of the remainder or its application and all portions not stricken shall remain in

full force and effect.

B. In the event that such a court issues a final and effective order invalidating all of the

boundaries hereby adopted, then, and only then, the boundaries adopted in Ordinance No. 585

automatically and without further action by this Board, shall be re-instituted and shall serve as

interim boundaries until such time as revised boundaries are adopted as provided by law.

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Page 1 – Ordinance No. 806

WASHINGTON COUNTY COUNSEL 155 N. FIRST AVENUE, SUITE 340, MS 24

HILLSBORO, OR 97124-3072 PHONE (503) 846-8747 - FAX (503) 846-8636

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C. The County Administrator is authorized and directed to take such steps as are necessary to

implement this Ordinance and effectuate the districts adopted herein.

SECTION 6.

This Ordinance shall take effect thirty (30) days after adoption.

ENACTED this ________ day of________________, 2015, being the _________ reading and

__________ public hearing before the Board of County Commissioners of Washington County,

Oregon.

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON CHAIRMAN

RECORDING SECRETARY READING PUBLIC HEARING First First Second Second Third Third Fourth Fourth Fifth Fifth VOTE: Aye: Nay: Recording Secretary: Date:

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Exhibit A Commissioner District Boundary Descriptions

District 1 � Begin at intersection of Farmington/209th/Grabhorn � N on 209th

� W along railroad tracks just south of Tualatin Valley Highway � N on Cornelius Pass � E on Quatama � N on 205th

� E on MAX line � S on 185th � E on Baseline � S on 158th

� E on Jenkins � S on Cedar Hills � E on Hall � E on Center � N on 113th

� E on Cabot � S along northbound lanes of OR-217 � E on Beaverton-Hillsdale � S on Chestnut � W on Cypress

� S/W on Elm

� SW on Scholls Ferry � N on Tile Flat � N on Grabhorn to just south of Nancy � W along the southerly boundary of Bartell Estates subdivision � N along the westerly boundary of Bartell Estates subdivision � Continue N along the westerly boundary of Cooper Ridge Estates subdivision � W along the southerly boundary of parcel 1S2260000100 (reference Deed #10196) � N along the westerly boundary of parcel 1S2260000100 (reference Deed #10196) � Continue N along the westerly boundary of parcel 1S223D001100 (reference Deed #10196) � E on Farmington to beginning point (Farmington/209th/Grabhorn)

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District 2 � Begin at Moreland Rd where it enters Washington County from Multnomah County � S on Moreland Rd to Solberger Rd. � W on Dorland Rd. � S on Jackson School Rd. � E on Highway 26 (northern edge) � S on Cornelius Pass Rd. � W on Cornell Rd. � S on 231st � E on Baseline � N on Cornelius Pass Rd. � E on Quatama � N on 205th

� E on MAX line � S on 185th � E on Baseline � S on 158th

� E on Jenkins � S on Cedar Hills � E on Hall � E on Center � N on 113th

� E on Cabot � S along northbound lanes of Highway 217 � E on Beaverton-Hillsdale � S on Chestnut � W on Cypress

� S/W on Elm � SW on Scholls Ferry � E on Allen

� SE along the southerly boundary of parcel 1S123AC03500 (reference Deed #91-007539) � Continue SE along the southerly boundary of parcel 1S123AD03701 (reference Deed #87-059475) � Continue E along the southerly boundary of parcel 1S1240002304 (reference Deed #98-070074) � Continue SE along the southerly boundary of parcel 1S124DB02301 (reference Deed #88-15432 and Deed #2008-055597) � S on Oleson Rd. � E on Garden Home Rd. � N on Multnomah Blvd. to Washington County/Multnomah County boundary � N/W along Washington County/Multnomah County boundary � To beginning of Moreland Rd where it enters Washington County from Multnomah County

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District 3 � Begin at Multnomah Blvd. where it enters Washington County from Multnomah County � W on Multnomah � W on Garden Home � NE on Oleson to the Fanno Creek Trail � NW along the southerly boundary of parcel 1S124DB02301 (reference Deed #88-15432 and Deed #2008-055597) � Continue W along the southerly boundary of parcel 1S1240002304 (reference Deed #98-070074) � Continue NW along the southerly boundary of parcel 1S123AD03701 (reference Deed #87-059475) � Continue NW along the southerly boundary of parcel 1S123AC03500 (reference Deed #91-007539) � W on Allen

� SW on Scholls Ferry � N on Tile Flat � N on Grabhorn to just south of Nancy � W along the southerly boundary of Bartell Estates subdivision � N along the westerly boundary of Bartell Estates subdivision � Continue N along the westerly boundary of Cooper Ridge Estates subdivision � W along the southerly boundary of parcel 1S2260000100 (reference Deed #10196) � N along the westerly boundary of parcel 1S2260000100 (reference Deed #10196) � Continue N along the westerly boundary of parcel 1S223D001100 (reference Deed #10196) � W on Farmington � S on Hillsboro Highway (Hwy 219)

� W on Raynard � S on McCormick Hill � W on Egger � S on Finnigan Hill to Washington County/Yamhill County boundary � S/E along Washington County/Yamhill County boundary � S/E along Washington County/Clackamas County boundary to 65th � N along Washington County/Clackamas County boundary � N along Washington County/Multnomah County boundary � To beginning point of Multnomah Blvd. where it enters Washington County from Multnomah County

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District 4 � Begin at the intersection of Farmington/209th/Grabhorn � W on Farmington � S on Hillsboro Highway (Hwy 219)

� W on Raynard � S on McCormick Hill � W on Egger � S on Finnigan Hill to Washington County/Yamhill County boundary � N/W along Washington County/Yamhill County boundary � N along Washington County/Tillamook County boundary � E/S along Washington County/Columbia County boundary � S along Washington County/Multnomah County boundary � S onMoreland Rd where it enters Washington County from Multnomah County � S on Moreland Rd to Solberger Rd. � W on Dorland Rd. � S on Jackson School Rd. � E on Highway 26 (northern edge) � S on Cornelius Pass Rd. � W on Cornell Rd. � S on 231st � E on Baseline � S on Cornelius Pass Rd. � E along railroad tracks just south of Tualatin Valley Highway � S on 209th

� To beginning point at intersection of Farmington/209th/Grabhorn

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Action – Land Use & Transportation (All CPOs) Agenda Title: ADOPT FINDINGS FOR ORDINANCE NO. 800 Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY:

Ordinance No. 800 amends sections of the Community Development Code. Ordinance No. 800 is posted on the county's land use ordinance web page at the following link: http://www.co.washington.or.us/LUT/Divisions/LongRangePlanning/2015-land-use-ordinances.cfm Post acknowledgment comprehensive plan amendments are amendments made to the county’s Comprehensive Plan after it was acknowledged by the State Department of Land Conservation and Development as complying with the Statewide Planning Goals. ORS 197.615 requires that such amendments be accompanied by findings setting forth the facts and analysis showing that the amendments are consistent with the applicable Statewide Planning Goals, Oregon Revised Statutes, State Administrative Rules and the applicable provisions of Washington County’s Comprehensive Plan. Additionally, as required by Title 8 of Metro’s Urban Growth Management Functional Plan (UGMFP), any amendment to a comprehensive plan or implementing ordinance shall be consistent with the requirements of the UGMFP. Attached is the Resolution and Order to adopt the findings for Ordinance No. 800. Prior to the August 18, 2015 meeting, the proposed findings will be provided to the Board, posted on the above land use ordinance web page, and available at the Clerk’s desk. Attachment: Resolution and Order RO Exhibit 'A' - Ordinance Findings - is linked online

DEPARTMENT’S REQUESTED ACTION: Adopt the findings for Ordinance No. 800 and authorize the Chair to sign the Resolution and Order memorializing the action.

COUNTY ADMINISTRATOR’S RECOMMENDATION:

I concur with the requested action.

Agenda Item No. 7.a.

Date: 08/18/15

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IN THE BOARD OF COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of Adopting ) RESOLUTION AND ORDER Legislative Findings in Support ) of Ordinance No. 800 ) No.

This matter having come before the Washington County Board of Commissioners

(Board) at its meeting of August 18, 2015; and

It appearing to the Board that the findings contained in “Exhibit A”, attached and

incorporated herein by reference, summarize relevant facts and rationales with regard to

compliance with the Statewide Planning Goals, Oregon Revised Statutes and Administrative

Rules, Washington County’s Comprehensive Plan, and titles of Metro’s Urban Growth

Management Functional Plan relating to Ordinance No. 800; and

It appearing to the Board that the findings described in “Exhibit A” constitute appropriate

legislative findings with respect to the adopted ordinance; and

It appearing to the Board that the Planning Commission, at the conclusion of its public

hearing on July 15, 2015, made a recommendation to the Board, which is in the record and has

been reviewed by the Board; and

It appearing to the Board that, in the course of its deliberations, the Board has

considered the record which consists of all notices, testimony, staff reports, and

correspondence from interested parties, together with a record of the Planning Commission’s

proceedings, and other items submitted to the Planning Commission and Board regarding this

ordinance; it is therefore,

RESOLVED AND ORDERED that the findings in “Exhibit A” in support of Ordinance

No. 800 are hereby adopted.

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DATED this 18th day of August, 2015. BOARD OF COMMISSIONERS FOR WASHINGTON COUNTY, OREGON Chairman

Recording Secretary APPROVED AS TO FORM: ____________________________ Sr. Assistant County Counsel For Washington County, Oregon

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AGENDA

CLEAN WATER SERVICES BOARD OF DIRECTORS

Agenda Category: Consent CPO All

Agenda Title:

AUTHORIZE BOARD CHAIR TO EXECUTE AN AMENDMENT EXTENDING THE TERM OF GENERAL MANAGER’S EMPLOYMENT AGREEMENT ONE YEAR

Presented by: Greg Malinowski, Director and Roy Rogers, Director

SUMMARY

The Board of Directors (Board) of Clean Water Services (District) desires to amend the Employment Agreement (Agreement) of Bill Gaffi (Gaffi), the District’s General Manager, which is due to expire on August 31, 2015. The Board and Gaffi have agreed to extend the Agreement one year, to expire on August 31, 2016. All other terms of the Agreement remain unchanged.

Attachment: Amendment to Employment Agreement

REQUESTED ACTION

Authorize Board Chair to execute an amendment to the General Manager’s Employment Agreement extending its term one year with all other terms of the Agreement remaining unchanged.

Agenda Item No. 2.a.

Date: 08/18/15

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AMENDMENT TO EMPLOYMENT AGREEMENT

This AMENDMENT is entered into by and between Clean Water Services, a County Service District formed pursuant to ORS 451 (District) and William Gaffi, an individual (Gaffi).

WITNESSETH

WHEREAS the Board of Directors of District (Board) appointed Gaffi as General Manager in 1994 (R&O 94-47) and previously entered into employment agreements, the last of which is dated August 16, 2012.

WHEREAS the Board desires to continue the employment of Gaffi as General Manager;

and

WHEREAS the Board desires to extend the term of the Agreement one year.

IN CONSIDERATION of the mutual promises and covenants contained in the Agreement and this Amendment, it is agreed as follows:

The expiration date of the Agreement is hereby amended to be August 31, 2016. All other terms of the Agreement will remain in effect.

______________________________ ______________________________ William C. Gaffi Andy Duyck, Chairman Clean Water Services Board of Directors Date:_________________________ Date:__________________________

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AGENDA

CLEAN WATER SERVICES BOARD OF DIRECTORS

Agenda Category: Consent All CPOs

Agenda Title:

APPROVE THIRD AMENDMENT TO CONTRACT FOR LOCATING AND MARKING SERVICES OF UNDERGROUND FACILITIES WITH LOCATING, INC.

Presented by: Bill Gaffi, General Manager (rjs)

SUMMARY

In 2012, Clean Water Services (District) solicited proposals for locating and marking services. The two-year contract was approved by Minute Order 12-48 for $180,000 per year. The contract may be renewed for up to three additional one-year periods. The District now wishes to renew the contract for one year in an amount not to exceed $210,000.

REQUESTED ACTION

Approve the Third Amendment to the Contract for Locating and Marking Services with Locating Inc. in an amount not to exceed $210,000 effective July 5, 2015.

(A copy of the Amendment is available at the Clerk’s desk.)

Agenda Item No. 2.b.

Date: 08/18/15

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AGENDA

CLEAN WATER SERVICES BOARD OF DIRECTORS

Agenda Category: Consent

Agenda Title:

DECLARE NECESSITY AND PURPOSE FOR ACQUIRING AN EASEMENT ACROSS CERTAIN REAL PROPERTY AND AUTHORIZE CLEAN WATER SERVICES TO PROCEED WITH CONDEMNATION ACTION FOR COMPLETION OF THE GASTON FORCE MAIN REPLACEMENT PROJECT NO. 6756

Presented by: Bill Gaffi, General Manager (sk)

SUMMARY

On June 16, 2015 by Resolution and Order No. 15-9, Clean Water Services’ (District) Board of Directors (Board) adopted the Budget for FY 2016, which includes the Gaston Force Main Project No. 6756 (Project). The purpose of the Project is to replace 11,500 feet of 8-inch diameter pipeline with new PVC pipe. The existing pipeline has been in place for 20 years, has experienced multiple failures in recent years, and is reaching the end of its intended useful life. Construction is scheduled for calendar year 2016.

The District is negotiating with the property owner to obtain an easement to construct the force main. To facilitate the easement acquisition process, staff is seeking authority to proceed with condemnation for an easement on the property listed in Exhibit A. This action is a procedural step in the acquisition of the required easement in case easement negotiations are unsuccessful. Staff has been successful in the past in reaching agreements with property owners and expects to enter into a negotiated easement with the property owner on this Project. Staff will make every effort to reach an agreement with the property owner before proceeding with a condemnation action.

Attachments: Resolution and Order Exhibits A and B

REQUESTED ACTION

Declare by Resolution and Order the necessity and purpose for acquiring an easement necessary to complete the Gaston Force Main Replacement Project No. 6756 and authorize Clean Water Services to proceed with a condemnation action as necessary to obtain the easement.

Agenda Item No. 2.c.

Date: 08/18/15

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BEFORE THE BOARD OF DIRECTORS OF CLEAN WATER SERVICES

In the Matter of Declaring the Necessity And Purpose for Acquiring An Easement For the Gaston Force Main Replacement Project; Directing that Staff Attempt to Negotiate Settlement with the Property Owner; and Authorizing Legal Proceedings to Acquire the Easement.

) ) ) ) ) )

RESOLUTION AND ORDER

NO.

The above-entitled matter came before the Board of Directors (Board) of Clean Water

Services (District), at its regular meeting of August 18, 2015; and

It appearing that this Board has authority to adopt Master Plans and Plans of Capital

Improvements for the District Storm and Surface Water Management System and Sanitary Sewer

System pursuant to ORS 451.120, ORS 451.485 and ORS 223.309; and

It appearing to the Board that on June 16, 2015, the Board adopted the Capital

Improvements Program FY 2016 by Resolution and Order No. 15-9, which included the Gaston

Force Main Replacement Project; and

It appearing that costs for the Gaston Force Main Replacement Project were included in the

FY 2016 and 2017 budgets; and

It appearing to the Board that the District has authority under ORS 451.550(3) to acquire an

easement necessary to construct the Gaston Force Main Replacement Project by condemnation

proceedings or by other means; and

It appearing to the Board that it is consistent with the powers and purposes of the District

and necessary for the continued growth, safety and welfare of the community, that the Gaston Force

Main Replacement Project be constructed and that the District acquire an easement over the

property described in Exhibit A, attached hereto and by this reference incorporated herein; and

It appearing to the Board that the proposed location and plans for constructing the Gaston

Force Main Replacement Project, as shown on a map attached hereto as Exhibit B, and by this

reference incorporated herein, is most compatible with the greatest public good and causes the least

private injury, the Board being fully advised, it is, therefore,

Page 1 of 2 – RESOLUTION AND ORDER CLEAN WATER SERVICES 2550 S.W. Hillsboro Highway Hillsboro, Oregon 97123-9379

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RESOLVED AND ORDERED that it is necessary for the preservation of the public health,

safety and welfare that the District acquire an easement over the property described in Exhibit A in

connection with the construction of the Gaston Force Main Replacement Project; and it is further

RESOLVED AND ORDERED that the governing body of the District does hereby find and

determine that the Gaston Force Main Replacement Project is planned in a manner which will be

compatible with the greatest public good and cause the least private injury; and it is further

RESOLVED AND ORDERED that the immediate possession of the easement is necessary;

and it is further

RESOLVED AND ORDERED that District staff shall negotiate with the owner of the

property described in Exhibit A, and attempt to agree upon the just compensation to be paid for the

easement; and it is further

RESOLVED AND ORDERED that should District staff and the property owner be unable

to reach an agreement, Counsel for the District shall be and hereby is, authorized and directed to

institute all necessary proceedings for condemnation of the easement over the property described in

Exhibit A consistent with applicable provisions of law including all necessary steps for immediate

possession of the easement.

DATED this 18th day of August, 2015. CLEAN WATER SERVICES

By its Board of Directors ________________________________ Chairman ________________________________ Recording Secretary

Page 2 of 2 – RESOLUTION AND ORDER CLEAN WATER SERVICES 2550 S.W. Hillsboro Highway Hillsboro, Oregon 97123-9379

Telephone (503) 681-3600 Fax (503) 681-3603 79

EXHIBIT A

GASTON FORCE MAIN REPLACEMENT PROJECT NO. 6756 PROPERTY OWNER SUBJECT TO EASEMENT: Celine McCarthy 1S4260000304 45953 SW Maple Lane Gaston, Oregon 97119

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Consent – Land Use & Transportation (CPO 1) Agenda Title: APPROVE BID AWARD AND EXECUTE CONTRACT FOR THE

GAIN SHARE FUNDED SW TAYLOR STREET PROJECT Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: The SW Taylor Street sidewalk improvement project is part of the 2015 Gain Share Bike and Pedestrian Improvement Program. Currently, SW Taylor Street lacks consistent pedestrian facilities. This project will construct pedestrian improvements on the south side of SW Taylor Street between Windwood Way and SW 90th Avenue, connecting existing pedestrian facility gaps. Construction is expected to begin in late September 2015 with substantial completion anticipated in early November 2015. Bids were opened on August 5, 2015. The results will be presented to the Board on August 18, 2015. Attachments: Vicinity Map

DEPARTMENT’S REQUESTED ACTION:

Award contract to the lowest responsive bidder and authorize its execution upon completion of the County’s contract review process. 100225-taylor street sidewalk (2015 gain share)\agendas\bid\agenda_taylor_street_7-29-15.doc COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 2.d.

Date: 08/18/15

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Consent – Land Use & Transportation (CPO 7) Agenda Title: VACATE AN ACCESS EASEMENT FOR EMERGENCY

VEHICLE TURNAROUND (VACATION NO. 519) Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: A petition was received by the Board to vacate an access easement for emergency vehicle turnaround lying in the southeast one-quarter of section 18, T1N, R1W, W.M., Washington County, Oregon, as described and shown in the attached Vacation Report. The easement, proposed to be vacated, was required for the Arbor Lakes No. 12 subdivision plat until such time NW 167th Avenue extended northerly and provided through access to NW Brugger Road. A new subdivision plat adjacent to and northerly of the easement has been recorded and the roads shown thereon have been dedicated as public right-of-way and do connect to NW Brugger Road. As a result, the access easement for emergency vehicle turnaround is no longer necessary. Vacating the easement will clean up the records and allow the owner of Lot 481 of Arbor Lakes No. 12 to build the final home in the subdivision. The vacation petition was signed by 100% of the abutting property owners. Staff has reviewed this request and has determined that the vacation of the easement is in the public interest. There will not be any adverse impacts on the abutting properties or utilities. A Resolution and Order has been prepared granting the requested vacation and, when executed, it will complete the vacation proceedings. Attachments: 1. Resolution and Order

2. Vacation Report with legal description and map (Exhibit “A”)

DEPARTMENT’S REQUESTED ACTION:

Vacate the access easement for emergency vehicle turnaround described in the attached Vacation Report.

COUNTY ADMINISTRATOR’S RECOMMENDATION:

I concur with the requested action.

Agenda Item No. 2.e.

Date: 08/18/15

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IN THE BOARD OF COUNTY COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of the Vacation of an access ) RESOLUTION AND ORDER Easement for emergency vehicle turnaround ) Situated in the southeast one-quarter of ) NO. Section 18, T1N, R1W, W.M., Washington ) VACATION NO. 519 County, Oregon )

The above-entitled matter having come on regularly before the Board at its meeting August 18, 2015; and

It appearing to the Board that a petition has been filed to vacate an access easement for emergency vehicle turnaround recorded in Deed Document No. 2013-083249 and situated in the southeast one-quarter of section 18, T1N, R1W, W.M., Washington County, Oregon. The petition was signed by owners of 100% of the property to be vacated and by the owners of 100% of the abutting properties, pursuant to ORS 368.351; and

It appearing to the Board that said petition did describe the easement to be vacated, the names of the parties to be particularly affected thereby, and set forth the particular circumstances of the case; and

It appearing to the Board that the easement is not within the corporate limits of any city or

town; and It appearing to the Board that the easement is no longer needed for the use of the public;

and It appearing to the Board that the County Road Official did examine the area proposed to be vacated and hereby submits to the Board the Vacation Report attached hereto, and by this reference made a part hereof, in accordance with ORS 368.351(1); it is therefore

RESOLVED AND ORDERED that the access easement for emergency turnaround recorded in Deed Document No. 2013-083249 and more particularly described in the attached Vacation Report, is hereby vacated as it is in the public interest; and it is further

RESOLVED AND ORDERED that the County Surveyor of Washington County, Oregon, be and hereby is authorized and directed to mark the vacated easement on the plats and records of Washington County Oregon; and it is further

RESOLVED AND ORDERED that the County Surveyor of Washington County, Oregon,

is hereby authorized and directed to have this order of vacation recorded in the records of Washington County, Oregon, and cause copies of this order to be filed with the Director of Assessment and Taxation and the County Surveyor’s office in accordance with ORS 368.356(3).

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Dated this 18th day of August, 2015.

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON Chairperson Recording Secretary Approved as to form Richard Butler Assistant County Counsel Date: Page 2 – R&O No. Vacation No. 519

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DEPARTMENT OF LAND USE & TRANSPORTATION REPORT ON VACATION NO. 519

August 18, 2015

VACATION OF AN ACCESS EASEMENT FOR EMERGENCY VEHICLE TURNAROUND A request for vacation proceedings has been received by the staff for the Board of County Commissioners to vacate an access easement for emergency vehicle turnaround shown on Exhibit “A”, attached hereto and incorporated herein, and more particularly described as follows: The access easement for emergency vehicle turnaround recorded in Deed Document No. 2013-083249 of the Washington County Book of Records. Said easement being located in the southeast one-quarter of section 18, T1N, R1W, W.M., Washington County, Oregon. The owner of the property abutting the easement to be vacated is: 1N1 18DA, TL 26900 Bethany Oaks I, LLC, 735 SW 158th Avenue Beaverton, OR 97006 CRITERIA FOR EVALUATION OF ROAD VACATION REQUEST 1) Conformance with the County’s Comprehensive Plan

The access easement for emergency vehicle turnaround, described herein and proposed to be vacated, was required as part of the Arbor Lakes No. 12 subdivision plat, and the easement was needed until such time NW 167th Avenue extended northerly and provided through access to NW Brugger Road. Bethany Abbey Meadows, a new subdivision plat adjacent to and northerly of the easement, has been recorded thereby dedicating as public right-of-way the connectivity to NW Brugger Road. As a result, the access easement for emergency vehicle turnaround is no longer necessary. Vacating the easement will clean up the records and will enable the owner of Lot 481 of Arbor Lakes No. 12 to build the final home in the subdivision.

2) Use of the Right-of-Way

The easement area is unimproved and is no longer needed.

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3) Impact of Utilities and Emergency Services

This easement has no effect on Utility providers. Emergency vehicles no longer have a need to turnaround as a result of the roads dedicated in Bethany Abbey Meadows which connect to NW Brugger Road. The Fire Marshal for Tualatin Valley Fire and Rescue has reviewed the proposed vacation, has visited the site, and as a result of the newly built and dedicated roads heading northerly to NW Brugger Road he has no objections to this vacation. There are no adverse impacts to public utility providers or emergency services.

4) Limits of Vacation and Evaluation of “Public Road” Status

The easement proposed to be vacated is not needed for public use due to the recently developed land platted in Bethany Abbey Meadows. The limits of the proposed vacation are logical and justifiable, and the vacation of the easement will not have any adverse impacts on the abutting property.

Based on the above statements, it is recommended that the Board of Commissioners grant the vacation of the easement proposed herein, as it is in the public interest. _____________________ Gary A. Stockhoff, P.E. Washington County Engineer

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Consent – Community Corrections (ALL CPOs) Agenda Title: APPROVE THE 2015-2017 COMMUNITY CORRECTIONS PLAN

AND RELATED AGREEMENT WITH THE STATE OF OREGON (IGA #5139) TO INCLUDE BUDGET APPROPRIATION AND FTE ADDITIONS

Presented by: Steve Berger, Director, Community Corrections SUMMARY: The purpose of this Agenda is to request the Board’s consideration and approval of the 2015-2017 Community Corrections Plan, Intergovernmental Agreement #5139 between the State of Oregon and Washington County; increase the FY 15-16 budget appropriation by an additional $324,547; and increase the regular FTE by four (4) positions. As required by ORS 463.475-423.565, the plan outlines services that will be provided by the Community Corrections Department and covers the state biennium period July 1, 2015 through June 30, 2017. The related funding Agreement provides the State portion of the Grant in Aid ($23,946,880) and Inmate Welfare Fund/Subsidy ($69,793) available for correctional services in Washington County. (continued) Attachment: Resolution and Order Clerk’s Desk Item: 2015-17 Washington County Community Corrections Plan

DEPARTMENT’S REQUESTED ACTION: Approve the 2015-2017 Washington County Community Corrections Plan and related Intergovernmental Agreement #5139 providing funding for the same time period. Additionally, request your Board’s approval of the attached Resolution and Order to authorize an increase in budget appropriations for Community Corrections’ Organization Unit 188-5510 in the amount of $324,547; and increase the number of authorized positions in the Community Corrections Department by 4.00 FTE as outlined above.

COUNTY ADMINISTRATOR’S RECOMMENDATION:

I concur with the requested action.

Agenda Item No. 2.f.

Date: 08/18/15

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APPROVE THE 2015-2017 COMMUNITY CORRECTIONS PLAN AND RELATED AGREEMENT WITH THE STATE OF OREGON (IGA #5139) TO INCLUDE BUDGET APPROPRIATION AND FTE ADDITIONS BCC 08/18/15 The total plan budget for the July 1, 2015 through June 30, 2017 period is $45,558,168 including state allocations. The original FY 2015-16 projections (February, 2015) of Grant in Aid/Inmate Welfare Fund/Subsidy was $11,676,354. The updated legislatively approved amount for the 2015-17 biennium of $23,946,880 (Grant in Aid) and $69,793 (Inmate Welfare Fund/Subsidy) was authorized at the conclusion of the 2015 legislative session. This increase of $324,547 for FY 2015-16 will allow the Department to add three (3) Probation and Parole Officer IIs, and one (1) Community Corrections Case Monitor, to keep caseload sizes within an acceptable range. A Resolution and Order is attached to this Agenda in order to seek Board authorization for the additional revenue and staff. The overall plan is to be financed by a combination of state and local funding sources including: a) State Department of Corrections funding which is provided via the funding agreement associated with the Community Corrections Plan and is a part of this agenda action; b) funds from the County’s Public Safety Local Option Levy; c) County general funds; d) Fees/charges that are paid by offenders for services, and e) Other funds including grants and miscellaneous reimbursements. As required by ORS 423.560 and 423.565, the Local Public Safety Coordinating Council met on July 17, 2015 and voted to recommend referral of the Plan to the Board with a recommendation for approval.

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Page 1 - RESOLUTION AND ORDER (Increase Appropriations and Authorize Expenditure – Grant In Aid and Inmate Welfare Fund/Subsidy)

WASHINGTON COUNTY COUNSEL 155 N. FIRST AVE, SUITE 340 ~ MS #24

HILLSBORO, OR 97124 PHONE (503) 846-8747 - FAX (503) 846-8636

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IN THE BOARD OF COUNTY COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of Adjusting Appropriations and Authorizing Expenditures in the FY 2015-2016 Budget For Washington County Organization Unit 188-5510 – Community Corrections.

) ) ) ) )

RESOLUTION AND ORDER

No.

This matter having come before the Washington County Board of County Commissioners

at its meeting of August 18, 2015, and

It appearing to the Board that the County Administrator has recommended a $324,547

increase in funding for Organization Unit 188-5510 – Community Corrections; and

It appearing to the Board that the aforementioned funding increase is proposed to be made

from the increased grant revenues received by the County through the Grant In Aid and Inmate

Welfare Fund/Subsidy programs and that said funding has been received for specific purposes; and

It appearing that the increased amount of funding could not have been foreseen at the time

of the preparation of the budget for the current budget period; it is now, therefore

RESOLVED AND ORDERED that the appropriations for expenditures and revenues for

Organization Unit 188-5510 – Community Corrections, are hereby increased by $324,547 for

Fiscal Year 2015-2016; and it is further

RESOLVED AND ORDERED that, pursuant to ORS 294.338(3), the above-identified

revenues are authorized to be, and shall be expended from July 1, 2015 through June 30, 2016, for

the purpose of reimbursing the County for expenditures in accordance with the Grant In Aid and

Inmate Welfare Fund/Subsidy program requirements; and that if any such grant funds are estimated

to remain unexpended at the close of the 2015-2016 fiscal year, that they be included in the

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HILLSBORO, OR 97124 PHONE (503) 846-8747 - FAX (503) 846-8636

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County’s Office’s proposed budget for Fiscal Year 2016-2017.

DATED this 18th day of August, 2015.

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON CHAIR RECORDING SECRETARY

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Consent – Cooperative Library Agenda Title: APPROVE UPDATE OF WASHINGTON COUNTY CULTURAL

PLAN, 2015-2020 FOR THE CULTURAL COALITION OF WASHINGTON COUNTY

Presented by: Eva Calcagno, Cooperative Library Services Manager SUMMARY: The Cultural Coalition of Washington County (CCWC) was established in 2004 by your Board. Its mission is to administer distribution of state funds distributed to Washington County from the Oregon Cultural Trust. The CCWC distributes funds through a competitive grant process to Washington County-based organizations to address priorities identified in the Washington County Cultural Plan. The current Cultural Plan was approved in 2008. In 2014-15 the CCWC undertook the process of updating the Plan for the next five years. This included updating key accomplishments of the current plan goals and objectives, analysis of community needs, and a survey to gather input from Washington County arts and culture organizations. The revised Plan includes the following five reprioritized goals: Increase public awareness, audience building and participation; support existing cultural organizations; increase public art opportunities; support cultural and heritage learning; and increase youth access to the arts. These goals will shape the CCWC’s grant program for the next five years. The revised plan was approved by the CCWC in May and presented to your Board for discussion and review at your July 28th worksession (Plan provided to you for review at that time). The CCWC is seeking your endorsement of the revised plan. If approved, it will then be forwarded to the Oregon Cultural Trust.

DEPARTMENT’S REQUESTED ACTION: Approve the revision of the Washington County Cultural Plan 2015 - 2020.

COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 2.g.

Date: 08/18/15

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Consent – Health and Human Services Agenda Title: AUTHORIZE WAIVER FROM THE RFP PROCESS AND

CONTRACT WITH VIRGINIA GARCIA FOR OUTPATIENT CHILD AND ADULT ASSESSMENT AND TREATMENT SERVICES (2015.081W)

Presented by: Marni Kuyl, Director, Department of Health and Human Services SUMMARY: Funding through an Intergovernmental Agreement between Washington County and the State of Oregon as well as a contract with Health Share of Oregon supports the provision of mental health services. A waiver from the RFP process had previously been granted to contract with Virginia Garcia Memorial Health Center (VGMHC) for an amount not to exceed $150,000 per year for the period of July 1, 2012 through June 30, 2015, for School Based Assessment and Treatment Services (2012.063W). This amount was increased to a maximum annual amount of $350,000 in 2014 due to an expansion of treatment into their clinic setting and an increase in individuals served. The department is requesting that your Board extend this waiver until June 30th, 2016 to keep the current services in place. An RFP for outpatient mental health services will be completed by April 1, 2016. VGMHC is a local Federally Qualified Health Center (FQHC) and is therefore eligible to leverage supplemental federal funds when providing mental health services. The Department currently contracts with VGMHC for outpatient mental health services with the treatment provided by LifeWorks NW clinicians on site at VGMHC clinics. VGMHC will continue to subcontract with LifeWorks NW as the clinical services provider. Attachment: Additional Information to Grant Waiver

DEPARTMENT’S REQUESTED ACTION: Authorize a waiver from the RFP process to contract with Virginia Garcia Memorial Health Center in the amount of $350,000 to provide Child and Adult Outpatient mental health services for the period of July 1, 2015 – June 30, 2016.

COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 2.h.

Date: 08/18/15

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ADDITIONAL INFORMATION REQUIRED TO GRANT WAIVER: Per Rule #10-130, the request for waiver shall contain the following: A) The nature of the Agreement:

Lifework NW provides mental health services in several primary care clinics and school-based health centers operated by Virginia Garcia Memorial Health Center in Washington County. As a Federally Qualified Health Center (FQHC), there are funding advantages to having Virginia Garcia hold the contract for mental health services provided in their clinics and bill directly for those services. FQHCs can access additional federal funding for any services they provide to clinic patients, even when those services are provided through a subcontract. Virginia Garcia will subcontract with LifeWorks NW for provision of mental health services at their clinic sites and for clinical oversight of those services.

B) The cost of the program:

Treatment services for the period of July 1, 2015 through June 30, 2016 will not to exceed $350,000.

C) A narrative description of the basis for the waiver and reason an RFP process would

be inappropriate:

As an FQHC, Virginia Garcia has the ability to leverage additional federal funds to support services for uninsured clients. This is possible through supplemental reimbursement they are eligible for as an FQHC for both mental health and physical health services. This supplemental reimbursement is designed to assist them in serving uninsured individuals not eligible for any other reimbursement. As an FQHC, Virginia Garcia can access the additional federal funding for any services they provide to clinic patients, even when those services are provided through a subcontract. They have a longstanding history of partnership with LifeWorks NW and will subcontract with that agency to continue to provide the mental health services in their clinics.

D) Alternative selection process that will be used:

Direct negotiation with Contractor.

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Consent – Juvenile Services Agenda Title: AWARD CONTRACTS FOR A STUDENT RESOURCE

PROGRAM (#2015.075P) Presented by: Lynne Schroeder, Juvenile Services SUMMARY:

This agenda item requests that your Board accept the proposal and award a contract to Youth Contact for the purpose of providing a student resource program. The contract period is from July 1, 2015 through June 30, 2020. A retroactive contract form is in place to allow us to provide services from the beginning of the Fiscal Year. The budgeted amount is $1,750,000 for the full term of the contract. The required legal advertisement and Request for Proposal (RFP) documents were released June 08, 2015. A notice of intent to apply was due by June 19, 2015. Youth Contact was the only proposer who submitted a letter. The Juvenile Department reviewed the proposal from Youth Contact and found it met all the requirements of the proposal. Youth Contact is the current contractor for these services. Youth ages 10 to 17 who are at high risk of involvement with the Juvenile department are targeted by this program. The primary goals are to keep juvenile arrest rates below the Oregon benchmark of 45.6 per 1000 youth, to reduce recidivism of youth referred for new or repeat criminal offenses, and to maintain discretionary use of correctional facilities in accord with Washington County Juvenile Department best practices.

DEPARTMENT’S REQUESTED ACTION: Accept the proposal and award a contract to Youth Contact for a student resource program for a contract amount of $1,750,000 from July 1, 2015 through June 30, 2020.

COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 2.i.

Date: 08/18/15

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Consent – Support Services (CPO 1) Agenda Title: AUTHORIZE EXECUTION OF DEDICATION DEED

DEDICATING COUNTY-OWNED PROPERTY TO THE PUBLIC FOR ROAD RIGHT-OF-WAY – NW 118TH AVENUE/NW THOMPSON ROAD

Presented by: Don Bohn, Assistant County Administrator

Martin Granum, Facilities and Parks Services Manager SUMMARY: On November 16, 1993, Washington County received a parcel of land described as 1N127BA Tax Lot 00500 through the property tax foreclosure process. The entire area of this property is approximately .05 acres and is located at the southern point of NW 118th Avenue. The parcel intersects with NW Thompson Road and serves as road access to property owners on NW 118th Avenue. The Department of Land Use and Transportation is developing a Community Plan for the Bonny Slope West area (Area 93) that was transferred from Multnomah County to Washington County in 2014; the County-owned parcel is adjacent to Bonny Slope West. Therefore, pursuant to the Real Property Management Guidelines, the Department of Land Use and Transportation has requested and it has been determined that the best use for the property is for roadway dedication. A Dedication Deed has been prepared dedicating the parcel as part of NW 118th Avenue. Attachment: Dedication Deed Vicinity Map

DEPARTMENT’S REQUESTED ACTION:

Authorize execution of the Dedication Deed to dedicate County-owned property to the public for road right-of-way at NW 118th Avenue.

COUNTY ADMINISTRATOR’S RECOMMENDATION:

I concur with the requested action.

Agenda Item No. 2.j.

Date: 08/18/15

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Dedication Deed Page 1 of 2

After recording, please return to: Washington County Facilities & Parks Services 169 N. First Avenue/MS42 Hillsboro, OR 97124

DEDICATION DEED

WASHINGTON COUNTY, a political subdivision of the State of Oregon, Grantor, grants to WASHINGTON COUNTY, a political subdivision of the State of Oregon, Grantee, on behalf of the public, for the use of the public forever, the following easements in that certain real property situated in the County of Washington and State of Oregon, described on the attached Exhibit "A," and shown on the attached Exhibit "B." The true consideration for this conveyance is $NONE.

PARCEL 1 - DEDICATION OF RIGHT-OF-WAY Including the right to construct, operate, and maintain a public road, all customary associated uses, and appurtenant facilities forever; This document is intended to grant easements on the property described, not to convey fee title or any interest in the underlying property except as expressly stated herein. The easements granted shall not prevent Grantors from the use of said property; provided, however, that such use shall not be permitted to interfere with the rights herein granted. Grantor shall not be permitted to endanger the lateral support of any facilities constructed within the easements granted herein. Grantor hereby covenants to and with Grantee that it is the owner of said property, which is free from all encumbrances, except for easements, conditions and restrictions of record, and will warrant and defend the easement rights herein granted from all lawful claims whatsoever, except as stated herein. BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON ___

Chair ___ Recording Secretary APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS Minute Order: Date: By:

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Dedication Deed Page 2 of 2

State of Oregon ) ) ss. County of Washington ) This instrument was acknowledged before me on _________________, 20__, by , as Chair/Vice Chair of the Washington County Board of Commissioners. Notary Public

Accepted on behalf of Washington County, Oregon.

By: Title: Approved As To Form: Dated this ______ day of _________________20__ County Counsel Dated & Signed:

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EXHIBIT “A” 1N127BA-00500 A tract of land situated in the Northwest One-quarter of Section 27, Township 1 North, Range 1 West, of the Willamette Meridian, Washington County, Oregon, more particularly described as follows: Beginning on the north line of Section 27, T1N, R1W, W.M. at the Initial Point of “HOUELAND”, a subdivision of record; thence easterly along the north line of said section and on the south line of “HOUELAND” 40.00 feet, more or less, to the west line of that10 foot wide easement described in Deed Document No. 2010-056076, of the Washington County Book of Records, said point being 10 feet westerly of the 50 foot wide easement described in Book 2046 Page 524 of the Multnomah County Deed Records; thence southerly along the west line of that 10 foot wide easement described in said document 2010-056076 and parallel with and parallel with the east line of said 50 foot wide easement described in Book 2046 Page 524, 54.80 feet, more or less, to the north line of NW Thompson Road (60.00 feet wide); thence westerly along the north line of NW Thompson Road 40.00 feet, more or less, to the southeast corner of that property described in Deed Document 2011-017019, of the Washington County Book of Records; thence northerly along the east line of that property described in said document 2011-017019, 56.24 feet more or less, to the point of beginning. Said tract of land being that property described on page 2 of Deed Document No. 93095347 of the Washington County Book of Records.

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OFF DOCKET AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Consent – Health and Human Services Agenda Title: AUTHORIZE ACCEPANCE OF A BEQUEST FROM THE

ESTATE OF MARGARET TABERT FOR THE BONNIE L. HAYS ANIMAL SHELTER

Presented by: Marni Kuyl, HHS Director and Deborah Wood, Animal Services Manager

SUMMARY The Bonnie Hays Animal Shelter receives an average of about $350,000 a year in donations, including bequests from people who have passed away and leave money to the shelter in their wills. Margaret Tabert named the Bonnie Hays shelter as a beneficiary in her will. The funds are held by Lincoln Trust, and require approval of the Board for the shelter to accept the funds. Donations and bequests like this one pay for services that directly benefit the animals that the County budget cannot afford. Donations and bequests pay for the veterinary program at the shelter, the behavior program at the shelter, and other programs. These programs have helped our community become one of the safest places in America to be a homeless pet.

DEPARTMENT’S REQUESTED ACTION: Authorize the County Administrator and Animal Services Manager to accept the bequest from the estate of Margaret Tabert for the Bonnie L. Hays Small Animal Shelter.

COUNTY ADMINISTRATOR’S RECOMMENDATION:

Agenda Item No.

Date: 08/18/15

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Page 1 - RESOLUTION AND ORDER ( ) WASHINGTON COUNTY COUNSEL

155 N. FIRST AVE, SUITE 340 ~ MS #24 HILLSBORO, OR 97124

PHONE (503) 846-8747 - FAX (503) 846-8636

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IN THE BOARD OF COUNTY COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of Delegating Authority to the County Administrator and Animal Services Manager to Accept a Bequest from the estate of Margaret Tabert for the Bonnie. L. Hays Small Animal Shelter

) ) ) )

RESOLUTION AND ORDER No.

This matter having come before the Washington County Board on August __, 2015.

It appearing to the Board that the estate of Margaret Tabert has made a bequest to the

Bonnie L. Hays Small Animal Shelter, and

It appearing to the Board that to process the bequest, a corporate resolution is required to

indicate who is authorized to sign documents on behalf of the organization. Now therefore, it is

hereby,

RESOLVED AND ORDERED that the County Administrator, or designee and the Animal

Services Manager are jointly delegated the authority to accept a bequest from the estate of

Margaret Tabert to the Bonnie L. Hays Small Animal Shelter and can sign any documents to

process the bequest.

DATED this __________ day of August, 2015.

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON CHAIR RECORDING SECRETARY

108

OFF DOCKET

AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Consent - Support Services (CPO 1) Agenda Title: MODIFY EXISTING LEASE AGREEMENT WITH CLEAR

CHANNEL OUTDOOR

Presented by: Don Bohn, Assistant County Administrator Martin Granum, Facilities and Parks Services Manager

SUMMARY: Washington County owns two parcels of land described as 1N133DB, Tax Lots 03400 and 03500, totaling approximately 0.76 acres and is located at the southeast corner of the intersection of NW Murray Blvd/NW Cornell Road. The property was acquired in 2008 by the Department of Land Use & Transportation as part of a project that improved the Murray-Cornell intersection. The Department of Land Use & Transportation is currently seeking responses to a “Request for Expressions of Interest” (RFEI), with the intent of identifying a qualified purchaser/developer with a viable vision to put this currently vacant site to uses or activities that support County and community objectives for the Cedar Mill Town Center. When the County acquired the Tax Lot 3500, there was an active lease agreement between AK Media/NW and the prior property owner for the purpose of leasing a portion of the site to AK Media/NW to operate a billboard. The County has continued the lease (now with Clear Channel Outdoor) at a rate of $2,500 per year paid monthly in advance. The lease includes a provision to automatically renew every five (5) years for subsequent and successive like terms unless either party provides the other with written notice of termination delivered not less than 30 days before the end of such term, which is August 31, 2015. Because the County is actively seeking redevelopment of the property, staff recommends amending the lease to change the term to one (1) year, and to include a provision allowing for early lease termination by the County with 60-days advance written notice. DEPARTMENT’S REQUESTED ACTION: Renew the lease for 1-year and authorize termination with 60 days advance written notice.

COUNTY ADMINISTRATOR’S RECOMMENDATION:

I concur with the requested action.

Agenda Item No.

Date: 08/18/15

OFF DOCKET

109


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