Washington County, Oregon€¦ · 25.11.2014 · BOARD OF COUNTY COMMISSIONERS Andy Duyck, Chairman: As Chairman of Washington County's five-member governing Board, Andy Duyck represents

November 25, 2014 6:30 p.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 2014.

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 to California 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, 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. In 2003, he was awarded Oregon Parks

Providers' "Legislator of the Year." Mr. Schouten serves on: the Board of Clean Water Services, Centro Cultural Board of Directors, Metro’s Active Transportation Council, Homeless Plan Advisory Committee and Regional Disaster Preparedness Organization Board. 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. 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 Board of Clean Water Services. Mr. Malinowski's term runs from January 2011 through December 2014.

Roy Rogers, District 3 Commissioner: 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 and Vice Chair: 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 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. Mr. Terry's term runs from January 2011 through December 2014.

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http://www.cleanwaterservices.org/

TABLE OF CONTENTS

COMMISSIONER DISTRICTS 7

OTHER COUNTY AND CWS CONTACTS 7

MEETINGS AND SCHEDULES

Current Meeting Schedule 8

Regular Business Meetings 8

Worksessions 8

Second Tuesdays of the Month 8

Board Meetings When There is a Fifth Tuesday in a Month 8

Executive Sessions 8

Once the Regular Business Meeting Begins 9

Ordinance Testimony Time Limits 9

Alternatives to Televised Proceedings 10

Assistive Listening Devices 10

Sign Language and Interpreters 10

Meeting Protocol 10

Additional Meeting Materials 10

Meeting Calendar 11

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.

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3. PUBLIC HEARINGS – LAND USE AND TRANSPORTATION

a. Consider the Annexation of Approximately 11.21 Acres to Tualatin Hills Park

& Recreation District (CPO 7) 13

b. Consider the Annexation of Approximately 11.21 Acres to Tualatin Valley

Water District (CPO 7) 25

c. Consider the Annexation of Approximately 11.21 Acres to Clean Water

Services District (CPO 7) 37

d. Consider the Annexation of Approximately 11.21 Acres to the Enhanced

Sheriff’s Patrol District (CPO 7) 49

e. Consider the Annexation of Approximately 11.21 Acres to the Urban Road

Maintenance District (CPO 7) 61

f. Consider the Annexation of Approximately 3.60 Acres to Tualatin Hills Park

& Recreation District (CPO 7) 73

g. Consider the Annexation of Approximately 3.60 Acres to Tualatin Valley

Water District (CPO 7) 87

h. Consider the Annexation of Approximately 3.60 Acres to Clean Water

Services District (CPO 7) 101

i. Consider the Annexation of Approximately 3.60 Acres to the Enhanced

Sheriff’s Patrol District (CPO 7) 115

j. Consider the Annexation of Approximately 3.60 Acres to the Urban Road

Maintenance District (CPO 7) 129

4. ORAL COMMUNICATION

5. BOARD ANNOUNCEMENTS

6. ADJOURNMENT

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CONSENT AGENDA

MINUTES - Click to access electronically

October 28, 2014

November 4, 2014

CLEAN WATER SERVICES

a. Award Purchase Contracts for Native Herbaceous Plant Supply to Champoeg

Nursery, Inc., Postlewait Nursery & Landscaping LLC, Scholls Valley Native Nursery, LLC, SD Mesa, Inc. Dba West Coast Natives, and Trillium Gardens, LLC

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b. Approve Sixth Amendment to Master Contract for Professional Services with

HDR, Inc. for the Bethany Creek Enhancement Pilot Project No. 6701 (CPO 7)

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LAND USE AND TRANSPORTATION DEPARTMENT

c. Approve Establishment of a Road Maintenance Local Improvement District

(MLID) for Baseline Woods 2 (CPO 7) 147

d. Approve Establishment of a Road Maintenance Local Improvement District

(MLID) for Westhaven Estates (CPO 1) 159

e. Approve Establishment of a Road Maintenance Local Improvement District

(MLID) for Polygon at Bethany Creek Falls (CPO 7) 171

f. Approve Multi-Year Professional Services Agreements for Right-of-Way

Support and Extend Specific Agreements to Complete Work in Progress (CPO All)

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g. Approve Agreement with Majestic Hillsboro Brookwood LLC to Pay a Fee-

in-Lieu for Construction of Improvements along NE Brookwood Parkway (CPO 8)

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COUNTY ADMINISTRATIVE OFFICE

h. Adopt Resolution and Order Memorializing a Policy for Identifying,

Inspecting and Repairing Road and Sidewalk Hazards (CPO All) 201

i. Approve Intergovernmental Agreement with City of Hillsboro for Distribution

of Other Fees from the 2014 Intel SIP (CPO All) 205

OFFICE OF COMMUNITY DEVELOPMENT

j. Approve Community Development Block Grant Project Agreement for the

City of Tigard 207

k. Approve Neighborhood Stabilization Program Sub-Recipient Agreement with

Proud Ground, Inc. 209

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REVISED

http://www.co.washington.or.us/BOC/Meetings/upload/BCC-Minutes-102814.pdf

http://www.co.washington.or.us/BOC/Meetings/upload/BCC-Minutes-110414.pdf

SHERIFF’S OFFICE

l. Authorize Increase of Purchase Order with Watershed Inc. for Rain Coats and

Gear 211

m. Authorize Contract with 911 Supply LLC for Law Enforcement Uniforms 213

SUPPORT SERVICES

n. Authorize Increase in Purchase Orders for Hardware and Small Tools,

Industrial Supplies and Equipment 215

o. Authorize Possession by Statutory Ejection of County Owned Real Property

Described as 3N522, Tax Lot 01003 Acquired through Tax Foreclosure Process (CPO 14)

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p. Grant Waiver/Authorize Contract with 3M Cogent Inc. for Fingerprinting

Software, Equipment and Services 219

Amend the FY2014-15 Position and Salary Report to Add a 1.0 FTE Sr.

Program Coordinator Position to the Department of Health and Human Services

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SERVICE DISTRICT FOR LIGHTING

q. Form Assessment Area, Authorize Maximum Annual Assessment, and Impose

a First Year Assessment for Baseline Woods 2 (CPO 7) 223

r. Form Assessment Area, Authorize Maximum Annual Assessment, and Impose

a First Year Assessment for Westhaven Estates (CPO 1) 233

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, November 25, 2014

Worksession – 2:00 p.m. Board Meeting – 6:30 p.m.

Tuesday, December 2, 2014

Worksession – 8:30 a.m. Board Meeting – 10:00 a.m.

Tuesday, December 9, 2014

Extended Worksession – 8:30 a.m.

Tuesday, December 16, 2014 Worksession – 8:30 a.m.

Board Meeting – 10:00 a.m.

Tuesday, December 23, 2014 Worksession – 2:00 p.m.

Board Meeting – 6:30 p.m.

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Public Hearing –Land Use & Transportation (CPO 7) Agenda Title: CONSIDER THE ANNEXATION OF APPROXIMATELY 11.21

ACRES TO TUALATIN HILLS PARK & RECREATION DISTRICT (14-023 LRP/BC)

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: The county received a request from Polygon Northwest Company LLC to annex two parcels along with NW Springville Road right-of-way to the Tualatin Hills Park & Recreation District (District). A consent petition of the property owner initiated this proposal. The annexation request is made to comply with Community Development Code Section 501-12.2A, which requires land within the North Bethany Subarea Plan area to annex into the service district prior to development. The properties are generally located north of NW Springville Road and east of NW Kaiser Road in unincorporated Washington County. They are further identified as tax map and lot numbers 1N117DB -08300 and -08400. 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 & 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 14-023 LRP/BC.

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

Agenda Item No. 3.a.

Date: 11/25/14

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Page 1 – RESOLUTION AND ORDER 14-023-R&O-bcc.doc

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IN THE BOARD OF COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of Approving Boundary ) RESOLUTION AND ORDER ) Change Proposal No. 14-023 LRP/BC ) No.

The above-entitled matter (14-023 LRP/BC) came before the Board at its regular

meeting on November 25, 2014; and

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

with NW Springville Road right-of-way [1N1 17DB -08300 and -08400], located north of

NW Springville Road and east of NW Kaiser Road, to the Tualatin Hills Park & Recreation

District; and

It appearing to the Board that 14-023 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

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RESOLVED AND ORDERED that Boundary Change Proposal No. 14-023

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

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

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

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

RESOLVED AND ORDERED that 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, 2015 and

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

DATED this 25th day of November, 2014.

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

November 10, 2014

To: Board of County Commissioners From: Andy Back, Planning and Development Services Manager Subject: MINOR BOUNDARY CHANGE PROPOSALS

14-023 LRP/BC - ANNEXATION TO TUALATIN HILLS PARK & RECREATION DISTRICT

14-024 LRP/BC - ANNEXATION TO TUALATIN VALLEY WATER DISTRICT 14-025 LRP/BC - ANNEXATION TO CLEAN WATER SERVICES DISTRICT 14-026 LRP/BC - ANNEXATION TO ENHANCED SHERIFF’S PATROL DISTRICT

14-027 LRP/BC - ANNEXATION TO URBAN ROAD MAINTENANCE DISTRICT

STAFF REPORT For the November 25, 2014 Board of Commissioners hearing

(The public hearing will begin no sooner than 6:30 PM)

STAFF RECOMMENDATION Based on the analysis and findings in this staff report, staff recommends that the Board APPROVE these minor boundary changes (14-024 LRP/BC to 14-027 LRP/BC) with the approvals becoming effective immediately. REQUESTED ACTION It is proposed that two parcels along with NW Springville Road right-of-way be annexed to five service districts. Applicant / Owner: Fred Gast for Polygon Northwest Company LLC Applicant’s Representative: Stacy Connery, Pacific Community Design Inc. Map and Tax Lots: 1N117DB / 08300 and 08400 Size and Location: 11.21 total acres that includes the adjacent NW Springville Road right-

of-way; the parcels are located north of NW Springville Road and east of NW Kaiser Road, in unincorporated Washington County.

Department of Land Use & Transportation · Planning and Development Services Long Range Planning

155 N First Avenue, Ste. 350 MS 14 · Hillsboro, OR 97124-3072 phone: (503) 846-3519 · fax: (503) 846-4412 · www.co.washington.or.us

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Board of County Commissioners Staff Report Proposal No. 14-023 to 14-027 LRP/BC

November 10, 2014 Page 2 of 6

ENDORSEMENT The Tualatin Hills Park & Recreation District (THPRD) provided a general endorsement of all annexations in the North Bethany Subarea Plan Area on December 9, 2013 (Resolution No. 2013-29). The Tualatin Valley Water District (TVWD) provided a general endorsement of all annexations in the North Bethany Subarea Plan Area on February 15, 2012 under Resolution No. 05-2012. The Board of County Commissioners (Board) endorsed the request as the Board of Directors of Clean Water Services District (CWS) as required by statute through District Resolution & Order 12-14 on November 6, 2012. The Board endorsed the request as the Board of Directors of Enhanced Sheriff’s Patrol District (ESPD) as required by statute through District Resolution & Order 12-3 on November 6, 2012. The Board endorsed the request as the Board of Directors of Urban Road Maintenance District as required by statute through District Resolution & Order 12-2 on November 6, 2012. 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; and 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 owner initiated these proposals (No. 14-023 LRP/BC to 14-027 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

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specifies contents of petition) and Metro Code 3.09.040 (a) (which lists minimum requirements for petition). The parcels to be annexed are generally located in the northern part of the District in unincorporated Washington County. More specifically, the parcels are located north of NW Springville Road and east of NW Kaiser Road, in unincorporated Washington County. The parcels consist of 11.21 total acres that includes the adjacent NW Springville Road right-of-way. The parcels are currently vacant and the assessed value for the land is $446,330. REASON FOR ANNEXATION The property owner desires to annex into these five service districts to meet standards for development within the North Bethany Subarea Plan area under the Community Development Code (CDC) Section 501-12. Section 501-12.2A which states:

The property (ies) has been annexed to the following jurisdictions: Clean Water Services, Metro, Tualatin Hills Park & Recreation District, Tualatin Valley Fire and Rescue, Enhanced Sheriff’s Patrol District, Enhanced Sheriff’s Patrol District and Urban Road Maintenance District.

CRITERIA The first criteria for considering an annexation into a special district is included in Oregon Revised Statute (ORS) Chapter 198, which 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 Metro Code. To approve a boundary change the County Board must:

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

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

195.065;

(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

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(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.

LAND USE PLANNING REGIONAL PLANNING General Information The properties to be annexed are inside the regional Urban Growth Boundary (UGB), but not in Metro’s jurisdictional boundary. Metro has received an application for annexation into Metro’s jurisdictional boundary (Annexation 05-14). Prior to development approval, the parcel must be annexed into Metro’s jurisdictional boundary. 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 says “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. 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:

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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.

The properties to be annexed are not covered by an urban service agreement or a cooperative planning agreement. The County’s Comprehensive Plan contains no policies relating directly to the annexation of lands into the five service districts. However, Section 501-12.2 of the CDC is relevant to this annexation. It states: 501-12.2 …an application for development approval within the North Bethany Subarea Plan

shall be denied unless the applicant demonstrates that:

A. The property(ies) has been annexed to the following jurisdictions: Clean Water Services, Metro, Tualatin Hills Park & Recreation District, Tualatin Valley Fire and Rescue, Tualatin Valley Water District, Enhanced Sheriff’s Patrol District, and Urban Road Maintenance District.

The CDC section above requires land in the North Bethany Subarea Plan area be annexed to several service districts prior to development. These requested annexations would satisfy that CDC requirement. 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 areas in the long term. The counties are responsible for facilitating the creation of these agreements. As noted above, this area is not covered by an urban service agreement. However, services from the applicable Service Districts will be available once the parcels are annexed into the districts. Water TVWD has responsibility for water service within this area. The parcels can be served by a 12-inch water line in NW Benny Drive and NW Spring Road. Services are currently being constructed through Phase 1 of Polygon Bethany Creek Falls development, to be available in streets adjacent to the development properties in the near future.

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Sewer CWS has responsibility for sewer service in this area. The parcels can be served by an 8-inch sanitary sewer line in NW Starflower Drive and NW Springville Road. Services are currently being constructed through Phase 1 of Polygon Bethany Creek Falls development, to be available in streets adjacent to the development properties in the near future. Storm Drainage CWS has responsibility for surface water management within the Washington County urban growth boundary. Storm drainage can be accomplished through Bethany Creek which flows westerly through the sites. Parks and Recreation THPRD provides parks and recreation services. Transportation The roadways surrounding the parcels are or will be maintained by the County. URMD provides an additional level of service to the urban unincorporated areas of the County. Fire Tualatin Valley Fire & Rescue provides fire and emergency services to this area. Police The County provides a general level of police services through the County Sheriff’s office. ESPD provides an additional level of service to the urban unincorporated areas of the County. Staff finds that this request complies with the requirements of ORS 195. Furthermore, based on the findings incorporated in this staff report, staff recommends approval of the annexation of the properties.

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14-023 LRP/BC Exhibit C Page 1 of 2

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AGENDA


ACRES TO TUALATIN VALLEY WATER DISTRICT (14-024 LRP/BC)

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

The county received a request from Polygon Northwest Company LLC to annex two parcels along with NW Springville Road right-of-way to the Tualatin Valley Water District (District). A consent petition of the property owner initiated this proposal. The annexation request is made to comply with Community Development Code Section 501-12.2A, which requires land within the North Bethany Subarea Plan area to annex into the service district prior to development. The properties are generally located north of NW Springville Road and east of NW Kaiser Road in unincorporated Washington County. They are further identified as tax map and lot numbers 1N117DB -08300 and -08400. 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)


Tualatin Valley Water District.




Agenda Item No. 3.b.

Date: 11/25/14

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NW Springville Road and east of NW Kaiser Road, to the Tualatin Valley Water District;

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annexed to the Tualatin Valley Water District; and it is further









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AGENDA


ACRES TO CLEAN WATER SERVICES DISTRICT (14-025 LRP/BC)

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: The county received a request from Polygon Northwest Company LLC to annex two parcels along with NW Springville Road right-of-way to the Clean Water Services District (District). A consent petition of the property owner initiated this proposal. The annexation request is made to comply with Community Development Code Section 501-12.2A, which requires land within the North Bethany Subarea Plan area to annex into the service district prior to development. The properties are generally located north of NW Springville Road and east of NW Kaiser Road in unincorporated Washington County. They are further identified as tax map and lot numbers 1N117DB -08300 and -08400. 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.




Agenda Item No. 3.c.

Date: 11/25/14

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NW Springville Road and east of NW Kaiser Road, to the Clean Water Services District;

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annexed to the Clean Water Services District; and it is further

RESOLVED AND ORDERED the minor boundary change approval shall be








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AGENDA


ACRES TO THE ENHANCED SHERIFF’S PATROL DISTRICT (14-026 LRP/BC)

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: The county received a request from Polygon Northwest Company LLC to annex two parcels along with NW Springville Road right-of-way to the Enhanced Sheriff’s Patrol District (District). A consent petition of the property owner initiated this proposal. The annexation request is made to comply with Community Development Code Section 501-12.2A, which requires land within the North Bethany Subarea Plan area to annex into the service district prior to development. The properties are generally located north of NW Springville Road and east of NW Kaiser Road in unincorporated Washington County. They are further identified as tax map and lot numbers 1N117DB -08300 and -08400. 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)


Enhanced Sheriff’s Patrol District.




Agenda Item No. 3.d.

Date: 11/25/14

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NW Springville Road and east of NW Kaiser Road, to the Enhanced Sheriff’s Patrol

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AGENDA


ACRES TO THE URBAN ROAD MAINTENANCE DISTRICT (14-027 LRP/BC)

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: ‘The county received a request from Polygon Northwest Company LLC to annex two parcels along with NW Springville Road right-of-way to the Urban Road Maintenance District (District). A consent petition of the property owner initiated this proposal. The annexation request is made to comply with Community Development Code Section 501-12.2A, which requires land within the North Bethany Subarea Plan area to annex into the service district prior to development. The properties are generally located north of NW Springville Road and east of NW Kaiser Road in unincorporated Washington County. They are further identified as tax map and lot numbers 1N117DB -08300 and -08400. 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 Urban

Road Maintenance District.




Agenda Item No. 3.e.

Date: 11/25/14

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NW Springville Road and east of NW Kaiser Road, to the Urban Road Maintenance

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AGENDA


ACRES TO TUALATIN HILLS PARK & RECREATION DISTRICT (14-028 LRP/BC)

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: The county received a request from Polygon Northwest Company LLC to annex a portion of a parcel to the Tualatin Hills Park & Recreation District (District). A consent petition of the property owner initiated this proposal. The annexation request is made to comply with Community Development Code Section 501-12.2A, which requires land within the North Bethany Subarea Plan area to annex into the service district prior to development. The property is generally located north of NW Springville Road, east of NW Kaiser Road, west and south of the county line, in unincorporated Washington County. It is further identified as a portion of tax map and lot number 1N1 17A 00500. See Exhibit B for a map of the subject property. 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 property into the Tualatin

Hills Park & Recreation District.




Agenda Item No. 3.f.

Date: 11/25/14

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It appearing to the Board that this proposal involves the annexation of a portion of

one tax lot [1N1 17A 00500], located north of NW Springville Road, east of NW Kaiser

Road, west and south of the county line, in unincorporated Washington County, to the

Tualatin Hills Park & Recreation District; and













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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 the Tualatin Hills Park & Recreation District; and it is further









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Exhibit A

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STAFF RECOMMENDATION Based on the analysis and findings in this staff report, staff recommends that the Board APPROVE these minor boundary changes (14-028 LRP/BC to 14-032 LRP/BC) with the approvals becoming effective immediately. REQUESTED ACTION It is proposed that a portion of a parcel be annexed to five service districts. Applicant / Owner: Fred Gast for Polygon Northwest Company LLC Applicant’s Representative: Stacy Connery, Pacific Community Design Inc. Map and Tax Lot: 1N1 17A / a portion of 000500 Size and Location: 3.60 total acres; the parcel is located north of NW Springville Road,

east of NW Kaiser Road, west and south of the county line, in unincorporated Washington County.



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ENDORSEMENTS The Tualatin Hills Park & Recreation District (THPRD) provided a general endorsement of all annexations in the North Bethany Subarea Plan Area on December 9, 2013 (Resolution No. 2013-29). The Tualatin Valley Water District (TVWD) provided a general endorsement of all annexations in the North Bethany Subarea Plan Area on February 15, 2012 under Resolution No. 05-2012. The Board of County Commissioners (Board) endorsed the request as the Board of Directors of Clean Water Services District (CWS) as required by statute through District Resolution & Order 12-14 on November 6, 2012. The Board endorsed the request as the Board of Directors of Enhanced Sheriff’s Patrol District (ESPD) as required by statute through District Resolution & Order 12-3 on November 6, 2012. The Board endorsed the request as the Board of Directors of Urban Road Maintenance District as required by statute through District Resolution & Order 12-2 on November 6, 2012. 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 parcel and in the Public Services Building at least 20 days prior to the hearing; 2) Publishing notice twice in The Oregonian; and 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 owner initiated these proposals (No. 14-028 LRP/BC to 14-032 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

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specifies contents of petition) and Metro Code 3.09.040 (a) (which lists minimum requirements for petition). The portion of the parcel to be annexed is generally located in the northern part of the District in unincorporated Washington County. More specifically, the parcel is located north of NW Springville Road, east of NW Kaiser Road, west and south of the county line, in unincorporated Washington County. The portion of the parcel consists of 3.60 total acres. The parcel is currently vacant and the assessed value for the land is $22,830. REASON FOR ANNEXATION The property owner desires to annex into these five service districts to meet standards for development within the North Bethany Subarea Plan area under the Community Development Code (CDC) Section 501-12. Section 501-12.2A which states:


CRITERIA The first criteria for considering an annexation into a special district is included in Oregon Revised Statute (ORS) Chapter 198, which 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 Metro Code. To approve a boundary change the Board must:



195.065;




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LAND USE PLANNING REGIONAL PLANNING General Information The property to be annexed is inside the regional Urban Growth Boundary (UGB), but not in Metro’s jurisdictional boundary. Metro has received an application for annexation into Metro’s jurisdictional boundary (Annexation 05-14). Prior to development approval, the property must be annexed into Metro’s jurisdictional boundary. 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 says “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. 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:

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The property to be annexed is not covered by an urban service agreement or a cooperative planning agreement. The County’s Comprehensive Plan contains no policies relating directly to the annexation of lands into the five service districts. However, Section 501-12.2 of the CDC is relevant to this annexation. It states: 501-12.2 …an application for development approval within the North Bethany Subarea Plan



The CDC section above requires land in the North Bethany Subarea Plan area be annexed to several service districts prior to development. These requested annexations would satisfy that CDC requirement. 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 areas in the long term. The counties are responsible for facilitating the creation of these agreements. As noted above, this area is not covered by an urban service agreement. However, services from the applicable Service Districts will be available once the parcel is annexed into the districts. Water TVWD has responsibility for water service within this area. The parcel can be served by a 12-inch water line in NW Benny Drive and NW Spring Road. Services are currently being constructed through Phase 1 of Polygon Bethany Creek Falls development, to be available in streets adjacent to the development property in the near future.

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Sewer CWS has responsibility for sewer service in this area. The parcel can be served by an 8-inch sanitary sewer line in NW Starflower Drive and NW Springville Road. Services are currently being constructed through Phase 1 of Polygon Bethany Creek Falls development, to be available in streets adjacent to the development property in the near future. Storm Drainage CWS has responsibility for surface water management within the Washington County urban growth boundary. Storm drainage can be accomplished through Bethany Creek which flows westerly through the sites. Parks and Recreation THPRD provides parks and recreation services. Transportation The roadways surrounding the parcel are or will be maintained by the County. URMD provides an additional level of service to the urban unincorporated areas of the County. Fire Tualatin Valley Fire & Rescue provides fire and emergency services to this area. Police The County provides a general level of police services through the County Sheriff’s office. ESPD provides an additional level of service to the urban unincorporated areas of the County. Staff finds that this request complies with the requirements of ORS 195. Furthermore, based on the findings incorporated in this staff report, staff recommends approval of the annexation of the property.

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AGENDA


ACRES TO TUALATIN VALLEY WATER DISTRICT (14-029 LRP/BC)

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: The county received a request from Polygon Northwest Company LLC to annex a portion of a parcel to the Tualatin Valley Water District (District). A consent petition of the property owner initiated this proposal. The annexation request is made to comply with Community Development Code Section 501-12.2A, which requires land within the North Bethany Subarea Plan area to annex into the service district prior to development. The property is generally located north of NW Springville Road, east of NW Kaiser Road, west and south of the county line, in unincorporated Washington County. It is further identified as a portion of tax map and lot number 1N1 17A 00500. See Exhibit B for a map of the subject property. 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 property into the Tualatin

Valley Water District.




Agenda Item No. 3.g.

Date: 11/25/14

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annexed to the Tualatin Valley Water District; and it is further









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AGENDA


ACRES TO CLEAN WATER SERVICES DISTRICT (14-030 LRP/BC)

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: The county received a request from Polygon Northwest Company LLC to annex a portion of a parcel to the Clean Water Services District (District). A consent petition of the property owner initiated this proposal. The annexation request is made to comply with Community Development Code Section 501-12.2A, which requires land within the North Bethany Subarea Plan area to annex into the service district prior to development. The property is generally located north of NW Springville Road, east of NW Kaiser Road, west and south of the county line, in unincorporated Washington County. It is further identified as a portion of tax map and lot number 1N1 17A 00500. See Exhibit B for a map of the subject property. 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 property into the Clean

Water Services District.




Agenda Item No. 3.h.

Date: 11/25/14

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Public Hearing – Land Use & Transportation (CPO 7) Agenda Title: CONSIDER THE ANNEXATION OF APPROXIMATELY 3.60

ACRES TO THE ENHANCED SHERIFF’S PATROL DISTRICT (14-031 LRP/BC)

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: The county received a request from Polygon Northwest Company LLC to annex a portion of a parcel to the Enhanced Sheriff’s Patrol District (District). A consent petition of the property owner initiated this proposal. The annexation request is made to comply with Community Development Code Section 501-12.2A, which requires land within the North Bethany Subarea Plan area to annex into the service district prior to development. The property is generally located north of NW Springville Road, east of NW Kaiser Road, west and south of the county line, in unincorporated Washington County. It is further identified as a portion of tax map and lot number 1N1 17A 00500. See Exhibit B for a map of the subject property. 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 property into the

Enhanced Sheriff’s Patrol District.




Agenda Item No. 3.i.

Date: 11/25/14

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Public Hearing – Land Use & Transportation (CPO 7) Agenda Title: CONSIDER THE ANNEXATION OF APPROXIMATELY 3.60

ACRES TO THE URBAN ROAD MAINTENANCE DISTRICT (14-032 LRP/BC)

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: The county received a request from Polygon Northwest Company LLC to annex a portion of a parcel to the Urban Road Maintenance District (District). A consent petition of the property owner initiated this proposal. The annexation request is made to comply with Community Development Code Section 501-12.2A, which requires land within the North Bethany Subarea Plan area to annex into the service district prior to development. The property is generally located north of NW Springville Road, east of NW Kaiser Road, west and south of the county line, in unincorporated Washington County. It is further identified as a portion of tax map and lot number 1N1 17A 00500. See Exhibit B for a map of the subject property. 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 property into the Urban

Road Maintenance District.




Agenda Item No. 3.j.

Date: 11/25/14

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AGENDA

CLEAN WATER SERVICES BOARD OF DIRECTORS

Agenda Category: Consent

Agenda Title:

AWARD PURCHASE CONTRACTS FOR NATIVE HERBACEOUS PLANT SUPPLY TO CHAMPOEG NURSERY, INC., POSTLEWAIT NURSERY & LANDSCAPING LLC, SCHOLLS VALLEY NATIVE NURSERY, LLC, SD MESA, INC. DBA WEST COAST NATIVES, AND TRILLIUM GARDENS, LLC

Presented by: Bill Gaffi, General Manager (ad)

SUMMARY

Clean Water Services (District) plants at least 60 species of native herbaceous vegetation throughout the Tualatin River Basin for regulatory compliance and as part of watershed enhancement projects. Multi-year contracts to purchase native herbaceous vegetation help control costs, ensure an adequate supply of plant material, provide consistent production specifications, and facilitate project planning. District staff issued a Request for Proposals (RFP) on September 10, 2014 to purchase a three-year supply of native herbaceous plants. The RFP indicated desired species, grade specifications, above ground and below ground biomass requirements and appropriate seed source locations and indicated that the District could award up to five contracts. Ten nurseries submitted proposals and based on RFP criteria five nurseries were selected. Each vendor has been selected to provide a certain number of species based on their proposal ranking, proposed availability, and cost to ensure that the District will have an adequate supply of the appropriate plants. The Contracts contain an option to renew for two additional, one-year periods and each nursery has provided pricing for the two additional years. REQUESTED ACTION

Award three-year contracts with two one-year renewal periods for the purchase of Native Herbaceous Plant Supply to: 1) Champoeg Nursery, Inc. in the not to exceed (NTE) amount of $122,400 (five year total); 2) Scholls Valley Native Nursery, LLC in the NTE amount of $ 366,330 (five year total); 3) Postlewait Nursery & Landscaping LLC in the NTE amount of $114,480 (five year total; 4) SD Mesa, Inc. dba West Coast Natives in the NTE amount of $149, 568 (five year total); and 5) Trillium Gardens, LLC in the NTE amount of $186,666.

Agenda Item No. 2.a.

Date: 11/25/14

REVISED

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AGENDA

CLEAN WATER SERVICES BOARD OF DIRECTORS

Agenda Category: Consent CPO 7

Agenda Title:

APPROVE SIXTH AMENDMENT TO MASTER CONTRACT FOR PROFESSIONAL SERVICES WITH HDR, INC. FOR THE BETHANY CREEK ENHANCEMENT PILOT PROJECT NO. 6701

Presented by: Bill Gaffi, General Manager (rdb) SUMMARY

The Bethany Creek Enhancement Pilot Project No. 6701 (Project) will serve the North Bethany plan area of Washington County with a new regional stormwater facility. The North Bethany plan area was added to the Urban Growth Boundary in 2002, with significant development expected to occur in the immediate future. The Project is located east of NW Kaiser Road and north of NW Springville Road.

Clean Water Services (District) solicited informal proposals from three consultants with Master Contracts to perform water resource planning, modeling and design services for the Project. Those proposals were scored based upon the criteria listed in the Request for Informal Proposals, with HDR, Inc. (HDR) receiving the highest score. On December 4, 2012, the District’s Board of Directors awarded a Master Contract for Professional Services for Water Resources (Master Contract) to HDR by Minute Order No. 12-99. The Sixth Amendment to HDR’s Master Contract will allow HDR to provide water resource services for the Project. Water resource services will include alternative analysis and evaluation, design of the preferred alternative, permitting, bidding and construction support. REQUESTED ACTION

Approve the Sixth Amendment to the Master Contract for Professional Services with HDR, Inc. for the Bethany Creek Enhancement Pilot Project No. 6701 in the amount of $280,000.

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

Agenda Item No. 2.b.

Date: 11/25/14

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http://www.co.washington.or.us/BOC/Meetings/upload/CD-CWS-6th-A-to-HDR-Engineering-for-Bethany-Creek-11-25-14.pdf


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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Consent – LUT/Maintenance Local Improvement District (CPO 7) Agenda Title: APPROVE ESTABLISHMENT OF A ROAD MAINTENANCE

LOCAL IMPROVEMENT DISTRICT (MLID) FOR BASELINE WOODS 2


The Board, by Resolution and Order No. 87-108, required that as a condition of development approval, a road Maintenance Local Improvement District (MLID) be formed with the final platting of any subdivisions initiated after May 19, 1987. A feasibility report was prepared for this MLID that establishes a base annual assessment of $2434.74 or $23.87 per lot with a maximum annual assessment of $4869.48 or $47.74 per lot. However, with the passage of the Urban Road Maintenance District (URMD) in 1994, these charges will not be assessed. As required by Resolution and Order No. 87-108, MLIDs and their assessments are established for administrative purposes with assessments only initiated should the URMD expire.

A petition and waiver of the right to remonstrate (oppose) the formation of an MLID has been received for the following subdivision, in accordance with Resolution and Order 87-108. Proposed assessments are as follows:

Maximum Annual Assessment

No. Lots Per Lot Total BASELINE WOODS 2 102 $47.74 $4869.48

As the Board is aware, MLIDs and their assessments will continue to be established for administrative purposes only. There will be no assessments during the life of the Urban Road Maintenance District unless otherwise ordered by the Board.

Attachments: 1. Resolution and Order 2. Assessment and Vicinity Map-Exhibit A 3. Petition-Exhibit B 4. Waiver-Exhibit C 5. Feasibility Report-Exhibit D 6. Assessment Roll-Exhibit E

DEPARTMENT’S REQUESTED ACTION: Approve the attached Resolution and Order initiating and establishing the MLID, approving the feasibility report, and imposing, but not levying, a maximum annual assessment.


Agenda Item No. 2.c.

Date: 11/25/14

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Page 1 – RESOLUTION AND ORDER

WASHINGTON COUNTY COUNSEL 155 N. FIRST AVE, SUITE 340

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 Receiving a Petition, Approving ) a Feasibility Report, Establishing a Road ) RESOLUTION AND ORDER Maintenance Local Improvement District (MLID) ) and Authorizing the Proposed Work, Imposing a ) NO Maximum Annual Assessment, Receiving an ) Assessment Roll for, but not Limited to, ) Maintenance and Repair of Local Public Streets ) Serving BASELINE WOODS 2 subdivision. )

This matter having come before the Board at its meeting of November 25, 2014: and

It appearing to the Board that a petition, a waiver of the right to remonstrate (oppose)

the formation of a road Maintenance Local Improvement District (MLID), together with the

proposed work and assessment of costs, a feasibility report, and an assessment roll for an MLID

for, but not limited to, the maintenance and repair of local public streets serving BASELINE

WOODS 2 subdivision have been filed as set forth in the Washington County Code (WCC)

Chapter 3.20; and

It appearing to the Board that the location of the proposed MLID is shown on the

Assessment Map, attached hereto and marked Exhibit A; and

It appearing to the Board that 100% of the property owner(s) signed said petition,

attached hereto and marked Exhibit B, as shown on the affidavit on file; and

It appearing to the Board that a waiver of the right to notice, hearing, and remonstrance

(opposition) regarding the formation of the MLID together with the proposed work and

assessment of costs was signed by 100% of the property owner(s) within the proposed MLID at

the time of MLID formation, and that this waiver was recorded and runs with the land such that

all present and subsequent owners are on notice and bound thereby; and

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It appearing to the Board that the feasibility report, attached hereto and marked Exhibit

D, confirms the feasibility of the petitioned for work, to wit: to, among other functions, maintain

and repair local public streets serving BASELINE WOODS 2 subdivision; and it appearing that

such report should be approved as submitted and adopted; and

It appearing to the Board that a program of, but not limited to, maintenance and repair

of the local public streets is necessary and that a maximum annual assessment of $47.74 per lot

should be imposed as the amount considered the maximum necessary for the annual work

thereof; and

It appearing to the Board that, pursuant to WCC Section 3.20.160 the proposed

assessment roll, attached hereto and marked Exhibit E, has been filed with the Board; and

It appearing to the Board that all property owners received notification of the time and

place that the Board would consider establishment of the said MLID and impositioned maximum

annual assessments, as shown on the notification letter on file; and

It appearing to the Board that it is appropriate to establish the MLID, in conformance

with WCC Chapter 3.20; now, therefore, it is hereby

RESOLVED AND ORDERED that the petition is hereby received and that the

feasibility report is hereby approved, accepted and adopted; and it is further

RESOLVED AND ORDERED that the proposed MLID as described in the feasibility

report is hereby established; and it is further

RESOLVED AND ORDERED that the maximum annual assessment for all functions

proposed in this MLID shall be $47.74 for each lot that the assessment roll described in Exhibit

E is approved and the assessment imposed but not levied; and it is further

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RESOLVED AND ORDERED that the Board may levy annual assessments within the

maximum at such point in the future as it deems necessary.

Dated this 25th day of November 2014.

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON ____________________________________ Chairman ____________________________________ Recording Secretary

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AGENDA


LOCAL IMPROVEMENT DISTRICT (MLID) FOR WESTHAVEN ESTATES


The Board, by Resolution and Order No. 87-108, required that as a condition of development approval, a road Maintenance Local Improvement District (MLID) be formed with the final platting of any subdivisions initiated after May 19, 1987. A feasibility report was prepared for this MLID that establishes a base annual assessment of $1008.15 or $18.33 per lot with a maximum annual assessment of $2016.30 or $36.66 per lot. However, with the passage of the Urban Road Maintenance District (URMD) in 1994, these charges will not be assessed. As required by Resolution and Order No. 87-108, MLIDs and their assessments are established for administrative purposes with assessments only initiated should the URMD expire.



No. Lots Per Lot Total

WESTHAVEN ESTATES 55 $36.66 $2016.30


Attachments: 1. Resolution and Order 2. Assessment and Vicinity Map-Exhibit A 3. Petition-Exhibit B 4. Waiver-Exhibit C 5. Feasibility Report-Exhibit D 6. Assessment Roll-Exhibit E

DEPARTMENT’S REQUESTED ACTION: Approve the attached Resolution and Order initiating and establishing the MLID, approving the feasibility report, and imposing, but not levying, a maximum annual assessment. COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 2.d.

Date: 11/25/14

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IN THE BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON In the Matter of Receiving a Petition, Approving ) a Feasibility Report, Establishing a Road ) RESOLUTION AND ORDER Maintenance Local Improvement District (MLID) ) and Authorizing the Proposed Work, Imposing a ) NO Maximum Annual Assessment, Receiving an ) Assessment Roll for, but not Limited to, ) Maintenance and Repair of Local Public Streets ) Serving WESTHAVEN ESTATES subdivision. )





for, but not limited to, the maintenance and repair of local public streets serving WESTHAVEN

ESTATES subdivision have been filed as set forth in the Washington County Code (WCC)

Chapter 3.20; and

It appearing to the Board that the location of the proposed MLID is shown on the

Assessment Map, attached hereto and marked Exhibit A; and








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and repair local public streets serving WESTHAVEN ESTATES subdivision; and it appearing

that such report should be approved as submitted and adopted; and




thereof; and




place that the Board would consider establishment of the said MLID and impositioned maximum









proposed in this MLID shall be $36.66 for each lot that the assessment roll described in Exhibit

E is approved and the assessment imposed but not levied; and it is further

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AGENDA


LOCAL IMPROVEMENT DISTRICT (MLID) FOR POLYGON AT BETHANY CREEK FALLS


The Board, by Resolution and Order No. 87-108, required that as a condition of development approval, a road Maintenance Local Improvement District (MLID) be formed with the final platting of any subdivisions initiated after May 19, 1987. A feasibility report was prepared for this MLID that establishes a base annual assessment of $8,003.20 or $65.60 per lot with a maximum annual assessment of $16,006.40 or $131.20 per lot. However, with the passage of the Urban Road Maintenance District (URMD) in 1994, these charges will not be assessed. As required by Resolution and Order No. 87-108, MLIDs and their assessments are established for administrative purposes with assessments only initiated should the URMD expire.



No. Lots Per Lot Total POLYGON AT BETHANY CREEK FALLS

122 $131.20 $16,006.40


Attachments: 1. Resolution and Order 2. Description, Assessment Area and Vicinity Maps-Exhibit A 3. Petition-Exhibit B 4. Waiver-Exhibit C 5. Feasibility Report-Exhibit D 6. Assessment Roll-Exhibit E

DEPARTMENT’S REQUESTED ACTION: Approve the attached Resolution and Order initiating and establishing the MLID, approving the feasibility report, and imposing, but not levying, a maximum annual assessment. COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 2.e.

Date: 11/25/14

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IN THE BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON In the Matter of Receiving a Petition, Approving ) a Feasibility Report, Establishing a Road ) RESOLUTION AND ORDER Maintenance Local Improvement District (MLID) ) and Authorizing the Proposed Work, Imposing a ) NO Maximum Annual Assessment, Receiving an ) Assessment Roll for, but not Limited to, ) Maintenance and Repair of Local Public Streets ) Serving POLYGON AT BETHANY CREEK ) FALLS subdivision. )





for, but not limited to, the maintenance and repair of local public streets serving POLYGON AT

BETHANY CREEK FALLS subdivision have been filed as set forth in the Washington County

Code (WCC) Chapter 3.20; and

It appearing to the Board that the location of the proposed MLID is described and

shown on Exhibit A, attached hereto; and






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and repair local public streets serving POLYGON AT BETHANY CREEK FALLS

subdivision; and it appearing that such report should be approved as submitted and adopted; and




thereof; and




place that the Board would consider establishment of the said MLID and imposition of maximum








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proposed in this MLID shall be $131.20 for each lot described in the assessment roll, Exhibit E,

and such assessment is approved and imposed but not levied; and it is further





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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Consent – Land Use & Transportation (CPO All) Agenda Title: APPROVE MULTI-YEAR PROFESSIONAL SERVICES

AGREEMENTS FOR RIGHT-OF-WAY SUPPORT AND EXTEND SPECIFIC AGREEMENTS TO COMPLETE WORK IN PROGRESS

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: On November 17, 2009, by MO #09-307, the Board approved multi-year agreements for professional services for right-of-way support, which expire December 31, 2014. The continuing need to acquire properties for capital improvement projects funded by the Major Streets Transportation Improvement Program (MSTIP), Traffic Impact Fee (TIF), Road Fund, and other miscellaneous capital funding sources necessitates the continued contracting of right-of-way support consultants. The Department of Land Use and Transportation, with the support of both the Support Services/Purchasing Division and County Counsel, has solicited proposals from consultants to provide right-of-way services for: 1) Real Property Appraisal Services 2) Appraisal Review Services 3) Acquisition Services 4) Relocation Services 5) Onsite Services and for the purpose of establishing a list of prequalified consultants, who may be called upon as necessary, for specific project work. (continued) Attachment: Attachment “A” DEPARTMENT’S REQUESTED ACTION: Approve Multi-Year Professional Services Agreements for Right-of-Way and authorize the execution of the agreements upon completion of the County’s contract review process. Extend specific agreement to complete work in progress. Authorize the Purchasing Manager to sign Purchase Orders up to $6,000,000. shared\financial team contract info\row\rfp 2014.080p 2015-2019 row support\ agenda rfp 2014.doc COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 2.f.

Date: 11/25/14

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APPROVE MULTI-YEAR PROFESSIONAL SERVICES AGREEMENTS FOR RIGHT-OF-WAY SUPPORT AND EXTEND SPECIFIC AGREEMENTS TO COMPLETE WORK IN PROGRESS BCC 11/25/14 Proposals were requested by legal advertisement on September 5, 2014, and were due by October 3, 2014. Staff received and evaluated fourteen proposals, eleven for real property appraisal services, eight for appraisal review services, five for acquisition services, five for relocation services and four for onsite services. Evaluations were based on the criteria stated in the Request for Proposals (RFP) and considered the qualifications of the firm and its key personnel, availability of personnel, ability to perform within time constraints, insurance coverage, and completeness of the proposal submitted. Staff recommends awarding multi-year contracts to the consultants listed on Attachment “A”. The consultants are listed alphabetically and not by rank order. The contracts will not exceed five- (5) years. The dollar amounts shown on Attachment “A” are estimated and do not reflect actual work projections. Payments to consultants will be based on approved Work Order Requests. The consultant selection for specific projects will be made from the list for that service category using the criteria described in the RFP, as listed above. Consultants will be contacted for each project to obtain firm quotes for specific work to be done. There will be written justification with the Work Order that explains the rationale for why one consultant was selected over another. Purchase Orders will be issued for each Work Order before work begins. Currently some consultants have been authorized to do work and we may need to authorize other consultants to do work on existing projects, which may extend beyond the December 31, 2014 expiration date of the current contracts. We ask that if there are any consultants currently working on existing projects, that they be allowed to continue their work beyond the current contract expiration date to facilitate a smooth transition between the existing contract period and the new contract period. We recommend the Purchasing Manager be authorized to approve Purchase Orders on a project basis per Work Order in an amount not to exceed $6,000,000 over the 5-year period.

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ATTACHMENT APROFESSIONAL SERVICES FOR RIGHT-OF-WAY PROPOSAL #2014.080P

DOLLAR AMOUNT DESIGNATED

Consultant Amount Appraisals Review Acquisition Relocation Onsite

Arvidson & Assoc., Inc. 400,000$ Yes Yes No No No

Day Appraisal Co., Inc. 200,000$ Yes No No No No

John V Donnerberg Real Estate Appraisal 400,000$ Yes Yes No No No

Epic Land Solutions, Inc. 700,000$ Yes Yes Yes Yes Yes

Hanna, McEldowney & Assoc. 200,000$ Yes Yes Yes Yes No

HDR Engineering, Inc. 300,000$ No Yes Yes Yes Yes

Leahy & Company 200,000$ Yes Yes No No No

May & Associate 200,000$ Yes No No No No

Real Property Consultants 500,000$ Yes Yes No No No

Right-of-Way Associates, Inc. 300,000$ No No Yes Yes Yes

RP Herman & Associates 500,000$ Yes No No No No

Universal Field Services, Inc. 300,000$ No No Yes Yes Yes

Gail Webb Appraisal Services 200,000$ Yes Yes No No No

John R Wooden 200,000$ Yes No No No No

Contingency 1,400,000$

Total 6,000,000$

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AGENDA


Agenda Category: Consent – Land Use & Transportation (CPO 8) Agenda Title: APPROVE AGREEMENT WITH MAJESTIC HILLSBORO

BROOKWOOD LLC TO PAY A FEE-IN-LIEU FOR CONSTRUCTION OF IMPROVEMENTS ALONG NE BROOKWOOD PARKWAY


NE Brookwood Parkway is a Washington County arterial roadway that is scheduled to be widened to 7-lanes between NW Meek Road and NE Shute Road. Construction of the improvements is scheduled to commence in the summer of 2015. Majestic Hillsboro Brookwood LLC has been conditioned by the City of Hillsboro to construct certain roadway improvements on NE Brookwood Parkway in conjunction with development at the northeast corner of NE Brookwood Parkway and NW Huffman Road. The conditioned improvements coincide with the planned improvements for the County’s project. The County and Developer feel it would be in the best interest of both parties if the County administered the construction of the conditioned improvements. Attachment “A” lists the mutually agreed upon bid items, quantities and cost estimate for the work in question. The Developer will deposit a fee-in-lieu amount of $158,025 with the County upon execution of this agreement. The Brookwood widening project is funded through surplus Jobs in Transportation Act of 2009 (JTA) funds. The total estimated cost of the project is $13,000,000. Attachments: 1. Agreement 2. Attachment “A” 3. Vicinity Map 4. Typical 7-lane cross-section DEPARTMENT’S REQUESTED ACTION: Approve Agreement with Majestic Hillsboro Brookwood LLC and authorize its execution upon completion of the County’s contract review process. 100202-brookwood pkwy-meek-shute\agendas\iga\agenda majestic brookwood-shute agreement 10.24.14.doc COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 2.g.

Date: 11/25/14

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AGREEMENT TO PAY FEE-IN-LIEU OF

CONSTRUCTING PUBLIC IMPROVEMENT

This AGREEMENT TO PAY FEE-IN-LIEU OF CONSTRUCTING PUBLIC IMPROVEMENT (“Agreement”) is made and entered into this day of , 2014, by and between WASHINGTON COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as "County", and MAJESTIC HILLSBORO BROOKWOOD LLC, a Delaware limited liability company, hereinafter referred to as “Developer.” Developer and the County may be jointly referred to herein as the “Parties” or individually as a “Party.”

RECITALS

A. In 2013, Developer submitted applications to the City of Hillsboro (“City”) requesting approval of a site plan and conditional use permit (City File No. Subdivision 007-13) to allow Developer to develop an Industrial Subdivision (“Project”) on property located at the northeast corner of NW Brookwood Parkway and NW Huffman Street in the City limits (“Property”).

B. As part of the City’s review of Developer’s land use applications for the Project, the City requested that the County review the projected traffic impacts of the Project to County transportation facilities.

C. The County conducted its review and requested that the City impose conditions of approval on the Project. One of these conditions, Condition 8 (“Condition 8”), required that Developer construct a right turn lane improvement to a County standard along the Property’s frontage of NW Brookwood Parkway (“Frontage Improvements”), or pay a fee-in-lieu of such construction. The condition did not define the amount of the fee-in-lieu. The City approved Developer’s applications, subject to compliance with the County’s conditions, including Condition 8.

D. Developer desires to pay, and County is willing to accept, a reasonable fee-in-lieu for design and construction of the Frontage Improvements in full satisfaction of Condition 8.

E. The Parties desire to define the components and estimated cost of the Frontage Improvements and provide a schedule for Developer’s payment of the Fee-in-Lieu of the Frontage Improvements.

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AGREEMENT

NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Recitals. The foregoing recitals are true and correct and are incorporated into and made a part of this Agreement as if fully set forth herein.

2. Frontage Improvements Defined. The “Frontage Improvements” are defined to include the following:

Right turn lane improvements (to include one turn lane, curb, gutter, storm drainage, and planter strip at ultimate alignment and grade) to a County standard along the Property’s frontage of NW Brookwood Parkway.

3. Frontage Improvement Costs. The Parties agree that the general categories and estimated cost amounts associated with all aspects of the design, construction, installation, and related construction inspection and administration of the Frontage Improvements (“Frontage Improvement Costs”) as of the Effective Date of this Agreement are as follows:

ITEM AMOUNT Mobilization, Traffic Control & Erosion Control................... $ 20,542.00 Roadwork .............................................................................. $ 26,328.00 Drainage................................................................................ $ 12,670.00 Base....................................................................................... $ 3,975.00 Wearing Surfaces ...................................................................... $ 30,760.00 Landscape ................................................................................ $ 4,800.00 Other Items: Design Fee (25%) .................................................................. $ 27,246.00 Construction Inspection & Administration Fees (20%) ....... $ 21,796.00 Contingency Fee(10%)…………………………… $ 9,907.00 TOTAL $ 158,025.00

The specific bid items and respective quantities associated with each of the above general categories, as agreed to among the Parties, are shown in Attachment “A”. The Contingency Fee is intended to cover the actual cost of any item in the event any item exceeds the amount estimated above.

4. Fee-in-Lieu. Developer shall pay to the County the amount of One Hundred Fifty-Eight Thousand Twenty-Five and 00/100 Dollars ($158,025.00) (“Fee-in-Lieu”) for the Frontage Improvement Costs. Such payments shall be due

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and payable 25% no later than 60 days after the Effective Date, and 75% no later than bid award of the Frontage Improvements.

5. Developer’s Fee-in-Lieu Payment as Complete Satisfaction. Subject to payment of the Transportation Development Tax (“TDT”), in no event shall Developer be obligated to pay to the County more than the Fee-in-Lieu in full satisfaction of Developer’s financial and construction obligations for the Frontage Improvements. Any additional Frontage Improvement Costs incurred by the County and/or its contractor above the Fee-in-Lieu, including without limitation, any cost overruns, shall be borne by the County and/or the County’s contractor without benefit of reimbursement by Developer and County shall be entitled to retain and shall be deemed to have fully earned, any cost savings.

6. Construction of Frontage Improvements; Use of Fee-in-Lieu. The County shall construct, or cause the construction of, the Frontage Improvements in conjunction with County’s NW Brookwood Parkway (Meek to Shute) widening project. Frontage Improvements shall be substantially complete no later than December 31, 2016 unless the County’s NW Brookwood Parkway widening project or performance is delayed as provided in Term 27 herein. Developer shall have no obligation to perform any construction of the Frontage Improvements.

7. TDT Credits. The payment of any TDT or application for credit to the City is the sole responsibility of the Developer. The County will not support or endorse any application for TDT credits. The County agrees not to object to or appeal any credit determination made by the City regarding the Fee-in-Lieu.

8. Satisfaction of Condition. Upon payment of the Fee-in-Lieu, the County shall deem Condition 8 satisfied. If required, the County shall provide written notice of same to the City and/or Developer.

9. Good Faith and Reasonableness. The Parties intend that the obligations of good faith and fair dealing apply to this Agreement generally and that no negative inferences be drawn by the absence of an explicit obligation to be reasonable in any portion of this Agreement. The obligation to be reasonable shall only be negated if arbitrariness is clearly and explicitly permitted as to the specific item in question, such as in the case of a Party being given “sole discretion” or being allowed to make a decision in its “sole judgment”.

10. Further Assurances. Each Party shall execute and deliver any and all additional papers, documents and other assurances, reasonably requested and necessary, and shall do any and all acts and things reasonably necessary

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in connection with the performance of its obligations hereunder in good faith, to carry out the intent of the Parties.

11. Nature of Agreement. The County hereby confirms that it has approved and executed this Agreement pursuant to its governing charter and not pursuant to ORS 94.504 et seq., and does further confirm that this Agreement does not constitute or concern the adoption, amendment, or application of the Statewide Planning Goals, a comprehensive plan provision, or a land use regulation, the County and Developer acknowledging and agreeing that, if applicable, any and all land use approvals required for the Frontage Improvements are to be obtained by the County (or have been obtained) in due course on another date in accordance with all applicable laws and regulations and all land use approvals required for the Property have been or will be obtained by Developer in due course on another date.

12. Modification or Amendment. No amendment, change or modification of this Agreement shall be valid, unless in writing and signed by the Parties.

13. Relationship. Nothing herein shall be construed to create an agency relationship or a partnership or joint venture between the Parties.

14. Burden and Benefit; Assignment. The covenants and agreements contained herein shall be binding upon and inure to the benefit of the Parties and their successors and assigns. Neither Party shall assign this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed.

15. No Continuing Waiver. The waiver of either Party of any breach of this Agreement shall not operate or be construed to be a waiver of any subsequent breach.

16. Applicable Law. This Agreement shall be interpreted under the laws of the State of Oregon.

17. Time of Essence. Time is expressly declared to be of the essence in this Agreement.

18. Notices. All notices, demands, consents, approvals and other communications which are required or desired to be given by either Party to the other hereunder shall be in writing and shall be faxed, hand delivered, or sent by overnight courier or United States mail at its address set forth below, or at such other address as such Party shall have last designated by notice to the other. Notices, demands, consents, approvals, and other communications shall be deemed given

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when delivered, three (3) business days after mailing by United States Mail, or upon receipt if sent by fax or courier. To County: Washington County Attn: Matt Meier, Senior Project Manager 1400 SW Walnut Street, MS 18 Hillsboro, OR 97123-5625 With a copy to: Washington County Attn: Cortney D. Duke-Driessen Assistant County Counsel 155 N First Avenue, Suite 340 Hillsboro, OR 97124-3072 To Developer: Majestic Hillsboro Brookwood LLC

Attn: Phillip Brown 13191 Crossroads Pkwy. North, Sixth Floor

City of Industry, CA 91746 With a copy to: Ball Janik LLP

Attn: Bradley S. Miller 101 SW Main Street, Suite 1100 Portland, OR 97204

19. Rights Cumulative. All rights, remedies, powers and privileges conferred under this Agreement on the Parties shall be cumulative of and in addition to, but not restrictive or in lieu of, those conferred by law.

20. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument.

21. No Third Party Beneficiaries. None of the duties and obligations of any Party under this Agreement shall in any way or in any manner be deemed to create any rights in any person or entity other than the Parties hereto.

22. Merger. This Agreement constitutes the entire agreement among and between the Parties with respect to the subject matter hereof and supersedes all prior agreements or proposals, oral or written, and all other communication between the Parties related to the subject matter

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of this Agreement. This Agreement cannot be amended or supplemented expect by written agreement signed by all the Parties, as provided by this Agreement.

23. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Oregon, the period shall be extended to include the next day which is not a Saturday, Sunday, or such a holiday.

24. Construction. In construing this Agreement, singular pronouns shall be taken to mean and include the plural and the masculine pronoun shall be taken to mean and include the feminine and the neuter, as the context may require.

25. Severability. If any clause, sentence or any other portion of the terms and conditions of this Agreement becomes illegal, null or void for any reason, the remaining portions will remain in full force and effect to the fullest extent permitted by law.

26. Cooperation in the Event of Legal Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the Parties agree to cooperate in defending such action. Each Party will be solely responsible for its own reasonable legal fees and related costs in the event of legal challenge by a third party of other governmental entity or official.

27. Enforced Delay, Extension of Times of Performance. In addition to the specific provisions of this Agreement, performance by any Party shall not be in default where delay or default is due to war; insurrection, strikes, riots, floods, drought, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities other than the County, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation or similar bases for excused performance which is not within reasonable control of the Party to be excused.

28. Termination. In the event the County is unable to complete its Brookwood Parkway widening project due to any excused performance event or due to a change, withdrawal or lack of funding, the County will return any and all unused Fee-In-Lieu, including the Contingency Fee, to Developer. Upon return of the Fee-In-Lieu, this Agreement will terminate and the Parties will have no continuing obligations to each other.

29. Effective Date. This Agreement shall take effect upon execution by both Parties (“Effective Date”).

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IN WITNESS WHEREOF, the Parties have set their hands as of the day and year first written above.

WASHINGTON COUNTY

By:_____________________________

Print Name:_____________________

Title:___________________________ STATE OF OREGON ) ) ss. County of _______ )

The foregoing instrument was acknowledged before me this _____ day of ________ 2014, by _________________ as ________________ of Washington County, Oregon, duly authorized to execute this agreement on behalf said County.

Notary Public for Oregon

My Commission Expires:

Majestic Hillsboro Brookwood LLC, a Delaware limited liability company By: Majestic Realty Co., a California corporation, it's manager’s agent By: ___________________________ Edward P. Roski Jr. President and Chairman of the Board STATE OF CALIFORNIA) ) ss. County of _______ )

The foregoing instrument was acknowledged before me this __ day of __________ 2014, by ________________ as _______________ of Majestic Hillsboro Brookwood LLC, a Delaware limited liability company, on behalf of said company.

Notary Public for California

My Commission Expires:

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ITEM DESCRIPTION UNIT AMOUNT UNIT COST TOTAL

PART 00200 - TEMPORARY FEATURES AND APPURTENANCESMOBILIZATION LS 1 10% $7,373TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC LS 1 6% $4,184FLAGGERS HR 160 $44.00 $7,040EROSION CONTROL LS 1 3% $1,444POLLUTION CONTROL PLAN LS 1 $500.00 $500

PART 00300 - ROADWORKREMOVAL OF STRUCTURES AND OBSTRUCTIONS LS 1 $1,000.00 $1,000CLEARING AND GRUBBING LS 1 $3,000.00 $3,000GENERAL EXCAVATION CUYD 1,000 $10.00 $10,000TREATED SUBGRADE, 16 INCH THICK CUYD 331 $35.00 $11,585SUBGRADE GEOTEXTILE SQYD 743 $1.00 $743PART 00400 - DRAINAGE AND SEWERS18" STORM SEWER PIPES, 10 FT FT 14 $80.00 $1,120CONCRETE INLETS, TYPE CG EA 1 $1,500.00 $1,500WATER QUALITY/QUANTITY FACILITY SF 6,700 $1.50 $10,050PART 00600 - BASESAGGREGATE BASE TON 159 $25.00 $3,975PART 00700 - WEARING SURFACESLEVEL 3, 1/2 INCH DENSE HMAC TON 239 $85.00 $20,280CONCRETE CURB AND GUTTER, MOUNTABLE FT 200 $15.00 $3,000PLAIN CONCRETE PAVEMENT, DOWELED, 8 INCH THICK SQYD 136 $55.00 $7,480RIGHT-OF-WAY DEVELOPMENT AND CONTROLLANDSCAPING & IRRIGATION SQFT 960 $5.00 $4,800SUBTOTAL, Construction Bid Items $99,075

CONTINGENCY FEE (15%) 10.0% $9,907TOTAL CONSTRUCTION COST ESTIMATE $108,982

PRELIMINARY ENGINEERING (25% of construction estimate) $27,246CONTRACT ADMIN & CONSTRUCTION ENGINEERING (20% of construction estimate) $21,796

TOTAL PROJECT COST ESTIMATE $158,025

AGREEMENT TO PAY FEE-IN-LIEU OFCONSTRUCTING PUBLIC IMPROVEMENTATTACHMENT A

Attachement A - Majestic Brookwood Rt Turn Lane.xlsIGA Table

Page 1/1Print Date: 10/21/2014

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NW Brookwood ParkwayNW Meek Rd to NE Shute Rd

Map Date: September 11, 2013Prepared by: EDF

VICINITY MAP

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Consent – County Administrative Office (CPO All) Agenda Title: ADOPT RESOLUTION AND ORDER MEMORIALIZING A

POLICY FOR IDENTIFYING, INSPECTING AND REPAIRING ROAD AND SIDEWALK HAZARDS

Presented by: Robert Davis, County Administrator SUMMARY: There have been several lawsuits against the county over the last few years focusing on hazards in the right-of-way including the paved surface of roads and sidewalks of which the county had no notice. There is an unwritten policy that the county does not actively inspect roads or sidewalks for hazards but instead relies on a complaint driven system in addition to the annual program for resurfacing roads. The Resolution and Order included with this Agenda memorializes this policy. This written policy will provide a discretionary immunity defense against lawsuits that seek damages for injuries caused by hazards that the county had no notice of for both the paved surface of the road as well as sidewalks. This policy is in keeping with municipal practices on a national level and is consistent with efficiently using limited road funds in a manner that both protects the safety of the traveling public and avoids liability for unknown hazards. An alternative to this policy would be to direct other road fund resources and to fund a program that would inspect all road and sidewalk hazards. Attachment: Resolution and Order

COUNTY ADMINISTRATOR’S RECOMMENDATION:

Approve the Resolution and Order.

Agenda Item No. 2.h.

Date: 11/25/14

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Page 1 - RESOLUTION AND ORDER ( ) WASHINGTON COUNTY COUNSEL

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

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IN THE BOARD OF COUNTY COMMISSIONERS


In the Matter of memorializing a policy for identifying, inspecting and repairing road and sidewalk hazards

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RESOLUTION AND ORDER No.

This matter having come before the Washington County Board on November 25, 2014.

It appearing to the Board that the safety of the traveling public depends on assuring the

ongoing maintenance and repair of the more than 1300 miles of roads that comprise Washington

County’s road system;

It appearing to the Board that the road maintenance work for most County roads is funded

almost exclusively from the County Road Fund, a dedicated fund whose primary revenue source is

fuel taxes, vehicle registration and weight-mile fees distributed by the State of Oregon;

It appearing to the Board that based on those limited funds it is not cost-effective to actively

and programmatically inspect on an ongoing basis the more than 1300 miles of roads to identify

potholes or other potential hazards;

It appearing to the Board that because of limited funding the most cost-effective means of

identifying potential hazards is to rely primarily on complaints submitted by the public;

It appearing to the Board that the policy of not actively inspecting the roads for potholes or

other hazards and instead allocating limited resources to the inspection and repair of potholes or

other hazards that are reported by the public is a longstanding policy implemented by the Director

of Land Use and Transportation with the support of the Board of Commissioners that has existed in

Washington County for decades;

It appearing to the Board that the policy of not actively inspecting sidewalks for hazards or

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using Road Fund or other County funds to repair identified sidewalk hazards is a longstanding

policy implemented by the Director of Land Use and Transportation with the support of the Board

of Commissioners that has existed in Washington County for decades;

It appearing to the Board that this policy for roads and sidewalks has been applied

consistently to the entire road system both within the unincorporated area and County roads located

within cities; and

It appearing to the Board that this policy is consistent with industry standards for other

municipalities in Oregon and the United States.

RESOLVED AND ORDERED that the following existing road and sidewalk hazards

policy is hereby declared in writing:

Road Hazards The County does not actively and programmatically inspect its road system for possible road hazards in both the unincorporated area and within cities. Instead the County relies on a complaint-driven system generally referred to as the Service Request System. A reported problem is documented in the system and forwarded for inspection to assess whether a repair is warranted. Although employees are not required to inspect the roads for hazards, they are encouraged to identify and report possible hazards. Substantiated hazards are prioritized based on the nature of the problem and scheduled for repair. To the extent resources are available; repairs that are placed in the queue will be completed within thirty (30) days. Identified hazards are repaired to the extent possible consistent with Best Management Practices for Routine Road Maintenance. Once a road defect is repaired the county does not follow up and inspect the repair but instead relies on the same complaint-driven system to identify future problems should they occur. Sidewalk Hazards The County does not actively and programmatically inspect sidewalks for hazards on County roads in the unincorporated area or within cities. Pursuant to ORS 368.910 the owner of property immediately adjacent to the sidewalk is responsible for maintaining and repairing sidewalks.

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To the extent a sidewalk hazard is identified or reported the County will notify the adjacent owner consistent with state law. To the extent a sidewalk hazard is identified or reported within a city the County will notify the responsible city.

DATED this __________ day of November, 2014.

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

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AGENDA


Agenda Category: Consent – County Administrative Office (CPO All) Agenda Title: APPROVE INTERGOVERNMENTAL AGREEMENT WITH CITY

OF HILLSBORO FOR DISTRIBUTION OF OTHER FEES FROM THE 2014 INTEL SIP

Presented by: Robert Davis, County Administrator SUMMARY: The 2014 Intel SIP Agreement was jointly approved by the Hillsboro City Council and Washington County Board of Commissioners on August 26, 2014. The Agreement received final approval from the Oregon Business Development Commission (OBDC) on September 5, 2014. As required by state statute, the 2014 SIP Agreement includes a Community Service Fee (CSF) that is distributed to cities where the project is located and to local taxing districts representing at least 75% of the special district property taxing authority in taxing areas where the project is located. Your Board approved intergovernmental agreements with affected taxing jurisdictions (City of Hillsboro, Metro, Port of Portland, Tualatin Valley Fire & Rescue, Enhanced Sheriff’s Patrol District, and Urban Road Maintenance District) on November 4, 2015. The 2014 Intel SIP agreement also provides for Intel to pay Other Fees that were negotiated separately and not required by state statute. Those Other Fees include the Guaranteed Annual Payment (GAP) and Fee in Lieu of Property Taxes (FIL). The terms of the 2014 SIP agreement stipulate that Intel’s investment must begin within ten years of the SIP Agreement’s execution, so the distribution of Other Fees would begin no later than fiscal year 2025-26. This agreement with City of Hillsboro is similar to the prior intergovernmental agreement that was adopted for Other Fees distribution under the 2005 Intel SIP. (continued) Clerk’s Desk Item: Copy of Agreement


Approve the intergovernmental agreement with City of Hillsboro for distribution of Other Fees under the 2014 Intel SIP agreement.

Agenda Item No. 2.i.

Date: 11/25/14

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http://www.co.washington.or.us/BOC/Meetings/upload/CD-CAO-Hillsboro-IGA-SIP-14-Other-Fees.pdf

APPROVE INTERGOVERNMENTAL AGREEMENT WITH CITY OF HILLSBORO FOR DISTRIBUTION OF OTHER FEES FROM THE 2014 INTEL SIP BCC 11/25/14 The 2014 SIP agreement with Intel involves two separate tax areas, one inside the City of Hillsboro and one in the urban unincorporated area. Per agreement with City of Hillsboro, distribution of the Other Fees would be calculated as follows: • The Other Fees are divided between the two tax areas (city and unincorporated) based on Intel’s

reported total cumulative investment in each area (Ronler and Aloha) for that year. • Based on that division, City of Hillsboro receives 40% of the amount allocated to the city tax area.

Hillsboro City Council approved the agreement at their meeting on November 4, 2014.

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AGENDA


Agenda Category: Consent – Office of Community Development Agenda Title: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT

PROJECT AGREEMENT FOR THE CITY OF TIGARD

Presented by: Jennie H. Proctor, Program Manager SUMMARY: The purpose of this agenda item is to request the Board’s consideration and approval of the fiscal 2014-2015 Community Development Block Grant (CDBG) project agreement with the City of Tigard to construct 800 feet of ‘missing link’ sidewalk along North Dakota St and 95th Ave connecting a large neighborhood’s pedestrian traffic to Greenburg Rd. This project was included in the FY 2014 Action Plan which is part of the County’s application for funding available through the CDBG program. The Board of Commissioners approved the Action Plan on May 6, 2014 by Minute Order #14-96 and was forwarded to the U.S. Department of Housing and Urban Development (HUD) on May 9, 2014. In summary, the following activity is listed for funding under this agreement: CDBG Project #6110, City of Tigard, Sidewalk In-fill on N. Dakota St. and 95th Ave. Most of the streets in this portion of the neighborhood have adequate sidewalks; however, there are two key gaps at North Dakota St and 95th Avenue’s intersections with Greenburg Rd. Both streets are the main ways into and out of this low-income neighborhood, yet they lack sidewalks where pedestrian and traffic volumes are highest. Currently, pedestrians are put at risk by having to walk in the narrow travel lanes of this busy road that is used by over a thousand cars a day. The hill on 95th Avenue creates an even more dangerous path for pedestrians and vehicular traffic. Improving these sidewalks will provide safer access for these pedestrians walking to public transit and school bus stops, and other basic services. Total CDBG funds: $200,000 No County General funds are involved.

DEPARTMENT’S REQUESTED ACTION:

Authorize execution of the contract for the above-named project upon completion of the County’s contract review process. COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 2.j.

Date: 11/25/14

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Consent – Office of Community Development Agenda Title: APPROVE NEIGHBORHOOD STABILIZATION PROGRAM

SUBRECIPIENT AGREEMENT WITH PROUD GROUND, INC. Presented by: Jennie H. Proctor, Program Manager SUMMARY: The purpose of this agenda item is to request the Board’s consideration and approval of a Neighborhood Stabilization Program (NSP) Subrecipient Agreement with Proud Ground, Inc. to acquire and rehabilitate a bank-owned foreclosed home in the City of Hillsboro for the purposes of selling it to an eligible homebuyer. These first-come, first-serve funds in the amount of $101,698.61 became available to Washington County as the result of Oregon Housing and Community Services making available returned NSP-1 funds from other jurisdictions in the state. Washington County also has $39,000 repaid NSP-2 funds that it received from a sale in Sherwood that can be used in this area of Hillsboro. Proud Ground, Inc. is a nonprofit community land trust headquartered in Portland. It currently has completed 283 homebuyer transactions across all four counties in the Portland-Vancouver region. The project will be located at 1836 SW Quail Circle in the City of Hillsboro. This two-bedroom single-family townhome was constructed in 1978. The home will be purchased at an agreed upon price resulting from a 1% discount from the fair market value determined by a recent appraisal of the property. Proud Ground has an accepted offer at $124,245, which could be reduced if the appraisal comes back lower than the purchase price. The other costs associated with the project are to conduct rehabilitation of the home, marketing and leasing expenses, closing and recording costs, and administrative costs for Proud Ground to adequately administer the project. After the acquisition, Proud Ground will sell the newly acquired and rehabilitated home to an income-eligible homebuyer who must earn at or below 80% of the Area Median Income (AMI) for Washington County. The Project Agreement provides Proud Ground with $140,698.61 in NSP 1 and NSP 2 funds towards acquisition and rehabilitation costs associated with the project.

DEPARTMENT’S REQUESTED ACTION: Approve the proposed NSP Subrecipient Agreement with Proud Ground, Inc., subject to the county’s contract review process, and authorize the Chair to execute subsequent documents, as needed, to secure this award.


Agenda Item No. 2.k.

Date: 11/25/14

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AGENDA


Agenda Category: Consent – Sheriff’s Office Agenda Title: AUTHORIZE INCREASE OF PURCHASE ORDER WITH

WATERSHED INC. FOR RAIN COATS AND GEAR (2014.094SA) Presented by: Tom Andrews, Business Manager, Sheriff’s Office SUMMARY: This agenda item requests that your Board authorize the County Purchasing Supervisor to increase the purchase order with Watershed Inc. to $160,000 for rain coats and gear. This purchase will use a State of Oregon Price Agreement with Watershed, Inc. State of Oregon contracts are obtained through a formal bid process and allow other public agencies to utilize these contracts. County purchases from these contracts are exempt from further competitive bidding. The original Purchase Order was issued in March, 2009 for $70,000. The State Price Agreement has been amended and extended several times. It now expires May 15, 2015. Staff has increased the dollar amount with each extension but now needs Board approval to exceed $120,000. The Sheriff’s Office buys coats and outer garments (rain pants, hoods, etc.) from Watershed Inc. for new deputies, a variety of special teams such as Search and Rescue and Traffic/Crash Analysis Teams, and replacement uniforms and accessories as needed.

DEPARTMENT’S REQUESTED ACTION: Authorize the Purchasing Supervisor to increase the purchase orders with Watershed Inc. to $160,000 for rain coats and gear through May 15, 2015.


Agenda Item No. 2.l.

Date: 11/25/14

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AGENDA


Agenda Category: Consent – Sheriff’s Office Agenda Title: AUTHORIZE CONTRACT WITH 911 SUPPLY LLC FOR LAW

ENFORCEMENT UNIFORMS (2014.098SA) Presented by: Tom Andrews, Business Manager, Sheriff’s Office SUMMARY: This agenda item requests that your Board approve a contract with 911 Supply LLC for the provision of law enforcement uniforms. The proposed contract would be for $360,000 through November 30, 2017. This contract is based on a public contract let by the City of Salem. This public contract allows usage by other governmental agencies. This contract was obtained through a formal bid processes and is exempt from further competitive bidding. The Purchasing Supervisor is authorized to sign purchase orders up to $100,000. However, since the total cost exceeds this threshold, delegated signature authority by your Board is required. This contract will provide new and replacement uniform items for all law enforcement staff.

DEPARTMENT’S REQUESTED ACTION: Authorize a contract with 911 Supply LLC for $360,000 through November 30, 2017 for law enforcement uniforms.


Agenda Item No. 2.m.

Date: 11/25/14

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AGENDA


Agenda Category: Consent – Support Services Agenda Title: AUTHORIZE INCREASE IN PURCHASE ORDERS FOR

HARDWARE AND SMALL TOOLS, INDUSTRIAL SUPPLIES AND EQUIPMENT (2014.096SA)

Presented by: Linda Baumgartner, Purchasing Supervisor SUMMARY: It is requested that your Board authorize the Purchasing Supervisor to increase the purchase order to Grainger Inc. using a Western States Contracting Alliance (WSCA) catalogue contract that is used by the Support Services/Facilities Management and Fleet Divisions, the Department of Land Use and Transportation (DLUT)/ Operations Division, the Sheriff’s Office and the Housing Department. On November 22, 2011, your Board approved MO 11-310 for $450,000 for hardware, small tools, industrial supplies and equipment, janitorial supplies, lamps and light fixtures, and other related supplies and equipment using a WSCA contract with Grainger. The contract with Grainger has been extended through February 17, 2017. Staff is estimating a total expenditure through the new contract expiration date of approximately $450,000 for the three year extended contract period based on historical use and anticipated needs by the departments. The equipment and supply costs are budgeted in each respective department.

DEPARTMENT’S REQUESTED ACTION: Authorize Purchasing Supervisor to increase the Grainger purchase orders for hardware, small tools, industrial supplies and equipment, janitorial supplies, and light fixtures, and other related supplies and equipment an additional $450,000 through the expiration of the WSCA contract.


Agenda Item No. 2.n.

Date: 11/25/14

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Consent – Support Services (CPO 14) Agenda Title: AUTHORIZE POSSSESSION BY STATUTORY EJECTION OF

COUNTY-OWNED REAL PROPERTY DESCRIBED AS 3N522, TAX LOT 01003 ACQUIRED THROUGH TAX FORECLOSURE PROCESS

Presented by: Martin Granum, Facilities and Parks Services Manager SUMMARY: In January 2014, Washington County was deeded a parcel consisting of 4.79 acres located at 28655 NW Timber Road, Timber Oregon (3N522, Tax Lot 01003), through the tax foreclosure process for nonpayment of property taxes. Judgment was taken in the foreclosure case in 2011 and the period for redemption expired in 2013. The County is now the sole lawful owner of the property. Staff has confirmed that the prior owner is residing in a mobile trailer on the property, and there has been no attempt made by the prior owner to repurchase the property from the County. The prior owner has been notified of the County’s lawful ownership and has been requested to relinquish possession numerous times. Additionally, multiple Notices of Civil Violation have been issued to the prior owner by the County for illegal operation of an auto wrecking yard and no apparent effort has been made by the prior owner to remedy the violations. To recover possession of the property, the County needs to file a suit pursuant to ORS 105.005-105.080 for statutory ejection. If successful, the County would obtain a judgment awarding it possession of the property, and its costs. Staff recommends your Board’s authorization to file for possession by statutory ejection. County counsel has reviewed this matter and concurs with the recommendation. Attachment: Vicinity Map

DEPARTMENT’S REQUESTED ACTION: Authorize staff to file for possession by a statutory ejection of county-owned property described as 3N522, Tax Lot 01300.


I concur with the requested action.

Agenda Item No. 2.o.

Date: 11/25/14

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AGENDA


Agenda Category: Consent – Support Services Agenda Title: GRANT WAIVER/AUTHORIZE CONTRACT WITH 3M COGENT

INC. FOR FINGERPRINTING SOFTWARE, EQUIPMENT AND SERVICES (2014.095W)

Presented by: Joel Bradach, Chief Information Officer

Jeff Mori, Undersheriff SUMMARY: Request your Board grant a waiver from the Request for Proposal (RFP) and authorize a contract with 3M Cogent Inc. for the upgrade and expansion of the Cogent Automated Fingerprint Identification (CAFIS) and Livescan systems in an amount not to exceed $335,000 The County originally purchased both systems from 3M Cogent in 2008 under a GSA schedule. Now in their advanced service life, both systems suffer from performance and capacity issues and present an increasing risk as software support and the availability of replacement components dwindles. The upgrade and expansion of these systems is a priority for the Sheriff’s Office. The Sheriff’s Office supports a continued commitment to 3M Cogent. Implementation of the current generation solution will leverage technical elements of the legacy system and address requirements for this critical function for at least the next five years. 3M Cogent Inc. has restructured its GSA Schedule resulting in $142,750 worth of software licensing no longer being covered by the schedule but rather as an “open market” product we can purchase directly from 3M Cogent for proprietary items, or other vendors for the peripheral items such as monitors and printers. Sheriff and ITS staff jointly request a waiver of the RFP process and authorization to purchase the GSA and non-GSA schedule items from 3M Cogent. Resources are included in the FY 14-15 adopted budget for this purpose. (continued) Attachment: Exhibit A (Additional Information for Waiver)

DEPARTMENT’S REQUESTED ACTION: Grant a waiver from the RFP process and authorize a contract with 3M Cogent Inc. in the not-to-exceed amount of $335,000.00 to upgrade and expand the Cogent Automated Fingerprint Identification (CAFIS) and Livescan systems.


Agenda Item No. 2.p.

Date: 11/25/14

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GRANT WAIVER/AUTHORIZE CONTRACT WITH 3M COGENT INC. FOR FINGERPRINTING SOFTWARE, EQUIPMENT AND SERVICES (2014.095W) BCC 11/25/14 Background CAFIS is a local repository of all fingerprints taken by the Sheriff’s Office. It is used for rapid identification of fingerprints and investigations of crimes. Fingerprint identification technology is highly specialized and requires sophisticated algorithms operating on high performance servers that maintain storage of tens of millions of digital fingerprints. In addition to being a critical resource for investigations and Jail Bookings the system is employed in Handgun License registration and other requests for fingerprint identification. Digital fingerprints are sent to the national Automated Fingerprint Identification System (AFIS) systems in addition to being stored locally in CAFIS. CAFIS is now at 175% of its design capacity and suffers from poor performance. Livescan hardware parts are no longer manufactured and are difficult to obtain. Both of these systems now must be upgraded and expanded to meet the current and future needs of the Sheriff’s Office. The RFP process is not the most appropriate or feasible way to contract for these goods and services.

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EXHIBIT A

ADDITIONAL INFORMATION REQUIRED TO GRANT A WAIVER County Purchasing Rule # 10-130 states that your Board may grant a waiver from the RFP process for a specific personal service contract or a category of contracts, and that the request must contain the following: (a) The nature of the agreement:

Response: This is for software, equipment and personal services to have 3M Cogent Inc. provide upgraded Cogent Electronic Fingerprint software and Livescan software. This agreement includes engineer time, project management and training in order to install and operate the updated system.

(b) The estimated cost: $335,000.00

(c) A narrative description of the basis for the waiver, and the reasons a RFP would be

inappropriate: Response: A portion of the items required for this upgrade are available from 3M

Cogent GSA Schedule, however approximately $142,750 is not on the schedule. The Cogent Perpetual Software licenses have recently been taken off of the schedule. The County needs to use software that is compatible with the current system and with the upgraded software and equipment that we are purchasing off of GSA.

(d) A statement of the alternative selection process that will be used, if any:

Response: The County will use the GSA Schedule pricing for all items under that contract and has requested the lowest government rate for the items not under the schedule.

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Agenda Category:

Consent – Service District for Lighting No. 1 A County Service District (CPO 7)

Agenda Title: FORM ASSESSMENT AREA, AUTHORIZE MAXIMUM ANNUAL

ASSESSMENT, AND IMPOSE A FIRST YEAR ASSESSMENT FOR BASELINE WOODS 2

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: A petition has been received requesting the installation of street lighting service for BASELINE WOODS 2. The petitioners have presented a signed agreement waiving a public hearing and their right to remonstrate against the improvements. A signed continuing request for street lighting service has also been provided. Attachments: 1. Resolution and Order

2. Petition for Street Lighting Service – Exhibit A 3. Street Lighting Proposal – Exhibit B 4. Waiver and Continuing Request – Exhibit C 5. Assessment Area Map and Vicinity Map – Exhibit D

DEPARTMENT’S REQUESTED ACTION: Accept the petition(s), form an assessment area within the Service District for Lighting, and authorize maximum annual assessment and impose a first year assessment.


Agenda Item No. 2.q.

Date: 11/25/14

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AGENDA


Agenda Category:

Consent – Service District for Lighting No. 1 A County Service District (CPO 1)

Agenda Title: FORM ASSESSMENT AREA, AUTHORIZE MAXIMUM ANNUAL

ASSESSMENT, AND IMPOSE A FIRST YEAR ASSESSMENT FOR WESTHAVEN ESTATES

Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: A petition has been received requesting the installation of street lighting service for WESTHAVEN ESTATES. The petitioners have presented a signed agreement waiving a public hearing and their right to remonstrate against the improvements. A signed continuing request for street lighting service has also been provided. Attachments: 1. Resolution and Order

2. Petition for Street Lighting Service – Exhibit A 3. Street Lighting Proposal – Exhibit B 4. Waiver and Continuing Request – Exhibit C 5. Assessment Area Map and Vicinity Map – Exhibit D

DEPARTMENT’S REQUESTED ACTION: Accept the petition(s), form an assessment area within the Service District for Lighting, and authorize maximum annual assessment and impose a first year assessment.


Agenda Item No. 2.r.

Date: 11/25/14

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Consent – Support Services Agenda Title: AMEND THE FY2014-15 POSITION AND SALARY REPORT TO

ADD A 1.0 FTE SR. PROGRAM COORDINATOR POSITION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Presented by: Stephanie Reitmajer, Human Resources Manager SUMMARY:

The purpose of this agenda is to request that your Board approve the addition of one (1) full time equivalent (FTE) Sr. Program Coordinator to the number of authorized positions in the Department of Health and Human Services. Sr. Program Coordinator (Air Quality Campaign) The County requires a public education and outreach campaign in response to matters related to air quality and pollutant particulate matter. The Environmental Health program in the Department of Health and Human Services will pursue a four (4) step approach to address this issue: 1) educate the public regarding air quality and potential health issues; 2) build and sustain partnerships with stakeholders and other governmental agencies; 3) support vulnerable populations that might be impacted; and 4) communicate potential policy decisions impacting residents. This position will coordinate, plan, implement and evaluate the County’s Air Quality Campaign to ensure that operations, tasks and goals are accomplished. The 1.0 FTE Sr. Program Coordinator position will result in a fiscal impact of approximately $54,590.00 for the remainder of the fiscal year and will be funded by existing appropriations.

DEPARTMENT’S REQUESTED ACTION: Approve an amendment to the FY2014-15 Position and Salary Report by adding a 1.0 FTE Sr. Program Coordinator positions to the Department of Health and Human Services. The effective date of the requested action is November 25, 2014.


Agenda Item No.

Date: 11/25/14

OFF DOCKET

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