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City Council Packet - 09/08/2020 IIICity of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD Revised 9/3/20 to add an Executive Session to the Study Session, called under ORS 192.660 (2) (a) - employment of public officers MEETING DATE AND TIME: September 8,2020 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: Meeting will be virtual with attendeees participating remotely. PUBLIC NOTICE: In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212, this will be a virtual meeting where Council and staff will participate remotely. There will be no in-person public testimony during this meeting. How to comment: •Written public comment may be submitted electronically at www.tigard-or.gov/Comments. All comments must be submitted before 4:30 p.m. the day of the meeting.??? •If you prefer to call in,please call 503-966-4101 at the beginning of the meeting to be placed in the queue.We ask that you plan on limiting your testimony to three minutes. SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://www.tigard-or.gov/city hall/councilmeeting.php CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. 114 1 7 City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD Revised 9/3/20 to add an Executive Session to the Study Session, called under ORS 192.660 (2) (a) - employment of public officers MEETING DATE AND TIME: September 8,2020 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: Meeting will be virtual with attendeees participating remotely. 6:30 PM STUDY SESSION A. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time B. EXECUTIVE SESSION: The Tigard City Council will enter into an Executive Session.called under 192.660 (2) (a), employment of public officers, employees and agents. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 6:45 p.m. estimated time 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PUBLIC COMMENT (Two Minutes or Less,Please) A. Follow-up to Previous Public Comment B. Public Comment—Summary of Written Comments received by 4:30 p.m. day of meeting C. Public Comment-Phone in D. Update from Police Chief McAlpine E. Tigard Area Chamber of Commerce 3. CONSENT AGENDA: (Tigard City Council &Local Contract Review Board) The Consent Agenda is used for routine items including proclamations and approval of contracts or intergovernmental agreements. Information on each item is available on the city's website in the packet for this meeting. These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action. A. PROCLAIM SEPTEMBER 17-23 AS CONSTITUTION WEEK B. LOCAL CONTRACT REVIEW BOARD -AMENDMENT TO TIEDEMAN, KATHERINE STREET AND GRANT AVENUE CROSSWALK AND SIDEWALK IMPROVEMENT PROJECT C. LOCAL CONTRACT REVIEW BOARD - CONSIDER AWARD OF CONTRACT FOR SMALL BUSINESS GRANT PROGRAM •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after a vote has been taken on those items which do not need discussion. 4. CONSIDER A RESOLUTION OF NECESSITY RELATED TO PROPERTY ACQUISITION FOR THE SW 121st AVENUE IMPROVEMENT PROJECT 7:50 p.m. estimated time 5. CONSIDER A RESOLUTION AUTHORIZING WATER REVENUE REFUNDING BONDS 7:55 p.m. estimated time 6. NON AGENDA ITEMS 7. ADMINISTRATIVE REPORT 8. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9. ADJOURNMENT 8:10 p.m.estimated time *ynEjA Tigard PD Strategic Dashboard ,.Q voLIcE r�l. For August 2020 44„ 4, TIC.O UM '> o.�� 2020 Population Estimate 55,514 (Adopted Budget FY 2020-21) (� OR Or �cE*TEAS Small numbers cause large percentage increases and decreases. Crime Snapshot Selected Group A Offenses Aug-19 Aug-20 %Chg 2019 YTD 2020 YTD %Chg Person Crime 40 27• -32.50% 272 276• 1.47% Assault 35 21 • -40.00% 225 233 0 3.56% Robbery 2 3 0 50.00% 20 13• -35.00% Property Crime 190 189• -0.53% 1227 1362• 11.00% Burglary-Residential 5 0• -100.00% 39 34• -12.82% Burglary-Business 6 7 0 16.67% 38 62• 63.16% Burglary-Other 0 3 0 300.00% 12 19 0 58.33% UUMV 11 11 • 0.00% 78 62 0 -20.51% Theft 107 89 0 -16.82% 767 668 0 -12.91% Vandalism 26 31 0 19.23% 203 264• 30.05% Societal Crimes 63 ' 53 0 .-15.87% ' 518 461 0 -11.00% DLIII 19 6 0 -68.42% 99 77• -22.22% Drug Offense 9 10• 11.11% 65 70• 7.69% Disorderly Conduct 5 4 0 -20.00% 44 39• -11.36% Arrests*CTA in Total 117 80 0 -31.62% 820 688 0 -16.10% Felony 22 14• -36.36% 136 107 0 -21.32% MISD 40 12 0 -70.00% 292 165 0 -43.49% Warrants 46 25 a -45.65% 278 214 0 -23.02% Calls for Service Aug-19 Aug-20 %Chg 4 2019 YTD 2020 YTD %Chg Dispatched Calls 2053 1791 • -12.76% 15030 14007• -6.81% Self Initiated Calls 1338 967• -27.73% 11272 10443 0 -7.35% Online Crime Reports n/a 36 n/a n/a 112 n/a Response Time Aug-19 Aug-20 %Chg 2019 YTD 2020 YTD %Chg Priority 1 &2 6.25 6.00• -4.00% 6.15 6.00• -2.44% Priority 3 10.95 10.5 0 -4.11% 10.37 9.6 0 -7.43% Priority 4+ 9.98 10.9 i 9.22% 10.45 10.15 0 -2.87% Photo Enforcement IMF W Red Light- Began Issuing 03/11/20 Month of: Aug 2020 YTD 2019 2020 Yr to Yr Received Issued Rejected Issued Issued 5/o Chg 99W/SW Hall Blvd 188 169 19 n/a 937 N/A 99W/SW 72nd Ave 154 124 30 n/a 469 N/A 99W/SW Durham Rd 22 17 5 n/a 76 N/A Intersection Speed - Began Issuing 7/14/20 Month of: Aug 2020 YTD 2019 2020 Yr to Yr Received Issued Rejected Issued Issued %Chg 99W/SW Hall Blvd 515 480 35 n/a 612 N/A 99W/SW 72nd Ave 2693 2498 195 n/a 3108 N/A *Person Crime-Assault,Homicide,Robbery,Kidnap,Forcible/Non-Forcible Sex Offense *Property Crimes-Arson,Bribery,Res Burglary,Bus Burglary,Oth Burglary,Forgery,Vandalism,Embezzle,Fraud,Theft,UUMV,Bad Check *Societal Crimes-Drug Offense,Prostitution,Weapons,Curfew,DisCon,DLIII,Family Offense,Liqour Laws,Peeping Tom,Trespass *The data is National Incident Based Reporting System(NIBRS)compliant and not Uniform Crime Report(UCR)compliant and cannot be compared to any report using that standard. 1 y�p,DERS[itA Tigard PD Strategic Dashboard �r § YOLICF ?,' For August 2020 c0y� .41... TIGOAIIRD �� 2020 Population Estimate 55,514 (Adopted Budget FY 2020-21) 4�C *TEN° Employee Snapshot I Department Staffing Information Actual Budget % Budget Sworn 65.0 79.0 82% Non-Sworn 16.0 18.0 89% Total Number of Personnel 81.0 97.0 84% Patrol Staffing Authorized 34 I Days Swings Graves Overall% # of Shifts Conducted at Minimums 10 32% 24 77% 25 81% 63% Personnel Unavailable for Work Patrol All Other Overall # of Recruits in Pre-Academy - - - #of Recruits in Academy 3 - - #of Recruits in FTEP - - - #of Personnel on Extended Sick Leave/ FMLA - 2 - #of Personnel on Military Leave 1 - - #of Personnel on Light Duty 1 - - #of Personnel on Administrative Leave - - - Total Personnel Unavailable to Work during some Period during the Month 5 2 7 Total Officers Available to work PATROL some period during the Month 29 Operational Effectiveness Snapshot ' Budget Information is based on the best available data. FY 2019-2020 Budget FY 2020-21 Budget Percent YTD Status Percent YTD Status Department Budget Actual Budgeted Actual Budgeted Administrative 15% 17%! -2% 17% 17% 0% Operations 16% 17%• 0% 13% 17% -3% Services 16% 17%• -1% 15% 17% -2% Total Department Budget 14% 17%i -3% 16% 17% -1% Budget Information is based on the best available data. FY 2019-2020 FY 2020-21 Percent YTD Budget Percent YTD Budget Status Status Department Overtime Actual Budgeted Actual Budgeted Administrative 12% 17%i -5% 3% 17% -14% Operations 9% 17%• -8% 7% 17% -9% Services 11% 17%• -5% 5% 17% -12% Total Overtime 10% 17%• -7% 6% 17% -10% 2 -,,, S jA Tigard PD Strategic Dashboard r-'<vOLICt -',e',` . '� For August 2020 * TICf.RD 2020 Population Estimate 55,514 (Adopted Budget FY 2020-21) � fI- 404 (2-1: .*.r 10 evy Status Update Aug-20 Aug-20 2020 YTD 2020 YTD Training Officers Hours Officers Hours Advanced Crisis Intervention and De-escalation Training n/a n/a n/a n/a Crisis Intervention n/a n/a n/a n/a De-escalation Training 30 67.5 30 67.5 Totals 30 67.5 30 67.5 Levy Staffing Information-YEAR to date progress Hires Budget %Budget Sworn-Patrol(priority hire) 2.0 8.0 25% Sworn-SRO (targeted 2021-22 school year) 0.0 1.0 0% Non-Sworn 0.0 2.0 0% Total Number of Personnel 2.0 11.0 18% Levy Hiring Process-Month of AUGUST Patrol All Other Overall Patrol All Other Overall Aug-20 Aug-20 Aug-20 2020 YTD 2020 YTD 2020 YTD Interviews 10 0 10.00 33 0 33.00 ORPAT(physical fitness test) 7 0 7.00 7 0 7.00 Background investigations 9 0 9.00 15 0 15.00 Conditional Offers of employment 2 0 2.00 3 0 3.00 Hires 1 0 1.00 2 0 2.00 Emergency Response Times - 6 Year Trend M. PRIORITY 1 & 2 7.57 Priority 1 calls = 6.28 Imminent threat to life 5.82 - 0.1 6.25�s Priority 2 calls = Immediate threat to life,occuring now 2015 2016 2017 2018 2019 2020 District integrity (5 police districts) #of Shifts conducted with 5 or more patrol Days Swings Graves Overall% officers 5 16% 7 23% 5 16% 18% Community Snapshot " i Community Outreach and Events Media Outreach Upcoming Events *Westside Christian HS Grad Parade(8/1) *Press releases issued in August:3 *Chat with the Chief en Espanol(9/30) *Virtual Chat w/the Chief(8/5) *Publications/Interviews *DV Awareness participation(Oct) *Birthday Parade SW Greensward Ln(8/21) Articles on photo enforcement *Virtual Waverly Dr Parking Zone Mtg(8/31) Articles/calls regarding the attempted abduction 3 ti.0,pERS.W1A l Tigard PD Strategic Dashboard tA 'E.:' For August 2020 4 __.......„...) 2020 Population Estimate 55,514 (Adopted Budget FY 2020-21) Calls For Service - By Month: 7 Year Trend AUGUST DIS' ' - + AUGUST SELF INITIATED 2053 1934 .1938 1642 1887 1906 1440—1450—1486 1435 1772 1792 17'_ 1065 2014 2015 2016 2017 2014 2015 2016 2017 2018 2019 2020 LTracking Code Cases - Year to Date gin 0 _ 2018 P 2020 Overdose 6 10 18 16 14 Mental Health hold (POH) 88 88 122 87 80 Suicide 3 6 6 10 2 DHS referrals and Attempted Suicide 21 43 42 32 31 cases of allegations DHS Referral 278 357 372 373 276 of abuse to an Domestic Violence (DV) 50 79 102 81 91 elderly or mentally DV No Crime 67 87 86 95 66 challenged victim end up in the Organized Retail Crime (ORC) Theft 44 33 37 54 21 caseload of Graffiti 49 37 83 32 73 Detectives and SRO's. BHI - Transient Total Dispatched Calls: 1791 Total Societal Calls: 1185 %of monthly workload 66% #of Calls -BHI** 223 #of Calls Transient 124 #of Calls Dispatched 258 #of Calls Self Initiated 44 Total Time Spent 91:23:49 (hr:min:sec) Total BHI/Transient calls 347 *Note 1:Behavioral Health Incidents(BHI)and Transient calls are a subset of the category"Societal"calls. The statistics above are based on officer inputs. **Note 2:An incident may be both BHI and Transient related. These figures are not additive. 4 ,,rsA Tigard Police Department �440LICF �� TIGARD Strategic Dashboard for July 2020 cE*TBA ' Photo Enforcement _ Intersection Speed - Began Issuing 7/14/20 Month of: Aug 2020 YTD 2019 2020 Yr to Yr Received Issued Rejected Issued Issued %Chg 99W/SW Hall Blvd 515 480 35 n/a 612 N/A 99W/SW 72nd Ave 2693* 2498 195 n/a 3108 N/A r*Numbers reflect some events that occurred in July,but current volume is 125 intersection events daily. ' 111 !MI Photo Enforcement Notes 1. Program was designed for a Traffic Officer to review 10 citations per hour,per day.Current workload is 1 Traffic Officer reviews 150 citations per day/25 citations per hour/6 hours per day. 2. Can be as high as 300 citations per day per Traffic Officer(such as after weekends.) 3. Traffic Officers are spending less time on active traffic enforcement activity. 4. Other approvers are trained,but have difficulty keeping up with volume along with other assignment. Levy Hiring Process-Month of AUGUST Patrol All Other Overall Patrol All Other Overall Aug-20 Aug-20 Aug-20 2020 YTD 2020 YTD 2020 YTD Interviews 10 0 10.00 33 0 33.00 ORPAT(physical fitness test) 7 0 7.00 7 0 7.00 Background investigations 9 0 9.00 15 0 15.00 Conditional Offers of employment 2 0 2.00 3 0 3.00 Hires 1* 0 1.00 2 0 2.00 1. Primary focus will be on lateral*recruitment due state of Oregon budget cuts which effect the Academy.The Academy class starting in November is the last of the fiscal year with all others canceled. 2. We have 1 levy recruit assigned to the November class. 3. There are currently 2 laterals*and 10 recruits in backgrounds 4. Many Oregon law enforcement agencies are currently aggressively recruiting laterals*. City Council Update September 2020 Chamber Update Leadership Tigard Applications are open for the Class of 2020-2021. Deadline to apply is 9/24/2020. Education,Advocacy, & Building a Strong Local Economy • 9/15/2020 5 8 p.m.: Eat Local Night Firenza Pizza • 9/16/2020- 10 a.m.: Cash is King! Budget Planning & Forecasting Webinar We announced on Tuesday the candidates the Tigard Chamber of Commerce Candidate Endorsement Committee has chosen to endorse for the November 2020 Tigard City Council seats and the Metro Councilor District 3 seat.They are: • Heidi Lueb Tigard City Council • Kevin Wright Tigard City Council • Tom Anderson Metro Councilor District 3 We had 5 new members join the chamber in August. Promoting Community • Save the date:Tigard Shining Stars Community Awards is tentatively scheduled for October 23 at 7 PM. Networking/Visibility Good Morning Tigard (GMT),Thursday A.M. Networking 8 a.m.—Weekly 9/10 Tigard City Council,9/17 Pacific Residential Mortgage Multi-Chamber Virtual Networking—9/16 at 8 a.m. Details at http://business.tigardchamber.org/events/calendar/ Tigard Farmers Market Update There is 7 weeks left of the market season. We have distributed over$3000 in SNAP match dollars. We are almost out of match dollars for this season. We estimated that we have about two weeks left. We are trying to find additional funding to get us through the season. TDA Downtown Updates The Tigard Downtown Alliance is currently focused on Trick or Treat Main Street. We plan to announce our plans soon for this evet. Find us on Facebook at exploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard Leadership Tigard•P • K TDA r - TIGARD Meeting of the Tigard Council September 8, 2020 Public Comment Received Date Received Submitted By Subject 9/4/2020 Sonal Bhadauriya Composting Food Waste, Waste Management 9/6/2020 Leslie Carter Tigard Triangle Affordable Housing Transportation Issues, Shuttle Bus 9/7/2020 Michael Weisman Composting Food Waste, Pride Disposal 9/8/2020 Joe Bialek Voting by Mail Carol Krager From: Joanne Bengtson Sent: Tuesday, September 8, 2020 4:52 PM To: Carol Krager Subject: FW: Composting options for residential homes Original Message From: Sonal Bhadauriya < > Sent: Friday, September 4, 2020 5:12 PM To: #Councilmail <councilmail@tigard-or.gov> Subject: Composting options for residential homes Hello, Hope you are having a good day. I'm a resident whose house falls under the Tigard waste collection zone and there are no residential composting option. Waste management who is our hauler has residential composting options for Beaverton and Portland area, but not for Tigard. Is it possible to have it included? Food waste constitutes a large part of everyday waste which should not end up in landfills. Hopefully I hear positively from you. Thanks, Sonal Bhadauriya, Ph.D. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 1 Carol Krager From: noreply@revize.com Sent: Sunday, September 6, 2020 5:57 PM To: Carol Krager Cc: Caroline Patton Subject: Public Comments Caution!This message was sent from outside your organization. Allow sender I Block sender Name= Leslie Carter EmailAddress= Address= 12555 SW Brookside,Tigard, OR 97223 Topic=Transportation issues for new low income housing located in Tigard Triangle. FeedBackText=Transportation is a huge problem for low income people. My middle class neighborhood has nice walking trails and easy access to 99W and the transit center.The new low income housing located in the Tigard Triangle which is planned for transportation development but does not have it yet. For social justice and livability I think Tigard needs a shuttle bus system that connects Tigard's essential services designed specifically around the needs of low income and minority populations.These buses would circle inside the Tigard city limits to bring all citizens to local services. For example, how is a mother with two children on a stroller(not elible for Trimet lift or Ride Connection)to get to Fred Meyers to pick up a prescription or get to the Portland Clinic for medical services or get to Cascadia to get mental health or social services or the farmers market in downtown Tigard,the library or city hall. I think some of our transportation dollars should go to low income family needs if we are going to provide more housing for them.Thanks for listening. Dr. Leslie Carter,Tigard Psychologist. Client IP=50.53.198.219 1 Carol Krager From: Joanne Bengtson Sent: Tuesday, September 8, 2020 4:51 PM To: Carol Krager Subject: FW: Pride Composting From: Michael Weisman < > Sent: Monday, September 7, 2020 10:13 AM To:#Councilmail <councilmail@tigard-or.gov> Subject: Pride Composting Caution! This message was sent from outside your organization. Tigard City Council members, I inquired with Pride Disposal about adding food waste to our yard debris containers.This is their reply: "There is a higher cost to process yard debris mixed with food waste, and therefore a higher cost to customers, which is a service decision that Beaverton and Hillsboro have made. It's likely that other jurisdictions may start similar services in the near future." I believe the higher cost is a fair tradeoff for a lower impact on the environment, including less waste added to the landfills. Less trash will potentially result in customers downsizing trash cans and offsetting costs for more expensive yard waste/compost pick-ups. I'm sure that the majority of Tigard residents feel the same way I do about the need for composting food waste. Please consider joining cities like Beaverton & Hillsboro and bring composting to Tigard. It would be great to see this topic discussed at the next City Council meeting. Thank you, Michael Weisman 9144145527 DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 1 Carol Krager From: Joanne Bengtson Sent: Tuesday, September 8, 2020 4:50 PM To: Carol Krager Subject: From Council Mail Original Message From:Joe Bialek< Sent:Tuesday, September 8, 2020 12:14 PM To:Joe Bialek< Subject: Letter to the Editor---Voting by Mail Voting by mail should replace voting at the polls in it's entirety. The two institutions that can definitely be trusted is the County Board of Elections and the United States Postal Service. The money saved by eliminating the need for poll workers could be used to offer free postage on the envelopes used to vote by mail. The person voting would also have more time to consider what they are voting for and would not be confined to the hours of the polling place. It would also prevent unwanted entry to schools and churches from anyone trying to harm someone. In addition the voter would not be harassed by someone trying to place unsolicited campaign literature into their hand. The additional revenue would boost the Postal Service and perhaps keep it afloat until we as a country are able to vote online. Voting by mail would solve the registered voter problem and guarantee safe passage of the ballots to the County Board of Elections. It might even prevent further spread of the Covid-19 Virus. Joe Bialek DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 1 Carol Krager From: noreply@revize.com Sent: Sunday, September 6, 2020 5:57 PM To: Carol Krager Cc: Caroline Patton Subject: Public Comments Caution!This message was sent from outside your organization. Allow sender I Block sender Name= Leslie Carter EmailAddress= Address= 12555 SW Brookside,Tigard, OR 97223 Topic=Transportation issues for new low income housing located in Tigard Triangle. FeedBackText=Transportation is a huge problem for low income people. My middle class neighborhood has nice walking trails and easy access to 99W and the transit center.The new low income housing located in the Tigard Triangle which is planned for transportation development but does not have it yet. For social justice and livability I think Tigard needs a shuttle bus system that connects Tigard's essential services designed specifically around the needs of low income and minority populations.These buses would circle inside the Tigard city limits to bring all citizens to local services. For example, how is a mother with two children on a stroller(not elible for Trimet lift or Ride Connection)to get to Fred Meyers to pick up a prescription or get to the Portland Clinic for medical services or get to Cascadia to get mental health or social services or the farmers market in downtown Tigard,the library or city hall. I think some of our transportation dollars should go to low income family needs if we are going to provide more housing for them.Thanks for listening. Dr. Leslie Carter,Tigard Psychologist. Client IP=50.53.198.219 1 AIS-4395 3. A. Business Meeting Meeting Date: 09/08/2020 Length (in minutes): Consent Item Agenda Title: Proclaim September 17-23 as Constitution Week Prepared For: Joanne Bengtson, City Management Submitted By: Joanne Bengtson, City Management Item Type: Receive and File Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Mayor Snider proclaim September 17-23, 2020 as Constitution Week? STAFF RECOMMENDATION / ACTION REQUEST This request came from Tigard resident Dorothea White. KEY FACTS AND INFORMATION SUMMARY September 17 is recognized in the United States as Constitution Day and commemorates the creation and signing of the constitution as the supreme law of our land. The US Constitution sets forth the basic rights of citizens; establishes the responsibility of the government to protect those rights; establishes limitations on how those in government may use their powers with regard to citizens' rights and responsibilities, the distribution of resources, and the control of conflict. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION The mayor of Tigard has issued this proclamation annually for more than 20 years. Attachments Constitution Week Proclamation rf , es , t,., ,.x tsw Y , . yx ,. -. enaoa , +.i':Y ..2' -�fik W.�f.� '::.••i IT :::+Lv.•]f _ .:.. 1=��•.fir;•::i:;:.. ��ir�.':'�.Y. . ]: •y � 4:: ..ii., N � .ax ..u.7- �. � sr': ::i .... Y :'Y' ^.M�yN. f•, -•71 . ,ta � ! 'r ::,' : AIS-4399 3. B. Business Meeting Meeting Date: 09/08/2020 Length (in minutes): Consent Item Agenda Title: Local Contract Review Board - Amendment to Tiedeman, Katherine St, and Grant Ave Crosswalk and Sidewalk Improvement Project Prepared For: Christine Moody Submitted By: Christine Moody, Finance and Information Services Item Type: Meeting Type: Consent Agenda - LCRB Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board approve Contract Amendment #1 to Brown Contracting, Inc. for additional work performed on the Tiedeman, Katherine St, & Grant Ave Crosswalk and Sidewalk Improvement project? STAFF RECOMMENDATION / ACTION REQUEST Staff Recommends that the Local Contract Review Board approve Contract Amendment #1 to Brown Contracting, Inc. in the amount of$51,634.43. KEY FACTS AND INFORMATION SUMMARY The Tiedeman Ave, Katherine St & Grant Ave Crosswalk and Sidewalk Improvement project (CIP No. 95027) is a safety improvement project designed to provide connectivity and improve bicycle and pedestrian safety at locations on Tigard Street and Tiedeman Avenue. The project construction contract was approved by the LCRB on May 26, 2020 and reached substantial completion on July 30, 2020. During roadway improvements along Grant Avenue at Tigard Street, the project learned the existing pavement thickness was less than 1-inch over a large section of roadway. Staff worked with the Contractor and came up with a plan to perform a grind/overlay to replace the thin section of pavement to improve the life of the roadway next to the project footprint. Staff determined that funding from the Pavement Management Program in FY 2021 could be used to correct the pavement deficiencies. This additional work item represents the bulk of the requested contract amendment. During construction a few minor changes were determined as needed in the field including some additional traffic control/flagging, aggregate quantities, and a change to the flashing beacon anchors. Finalizing quantities and pricing for the contract pay items and specifically the additional work to provide corrective action on the thin pavement section of Grant Avenue has brought this project back in front of the Local Contract Review Board in the form of Contract Amendment #1. OTHER ALTERNATIVES The Local Contract Review Board may choose to not approve the contract amendment amount and not pay the contractor for work performed. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS This Capital Improvement Project (CIP 95027) was created from the Pedestrian and Cyclist Connections program. DATES OF PREVIOUS CONSIDERATION May 26, 2020 LCRB approval of the construction contract. Fiscal Impact Cost: $51,634.43 Budgeted (yes or no): Yes Where Budgeted (department/program): FY20 & FY21 Pedestrian and Cyclist Connections Additional Fiscal Notes: Grant Avenue Grind & Overlay Improvements to be funded from Pavement Management Program FY21 budget in the amount of$35,820.87. Quantity over-runs to be funded from Pedestrian and Cyclist Connections Program FY21 budget in the amount of$15,820.87. Both projects have adequate funds budgeted to cover these costs. Attachments No file(s) attached. AIS-4396 3. C. Business Meeting Meeting Date: 09/08/2020 Length (in minutes): Consent Item Agenda Title: Local Contract Review Board - Consider Award of Contract for Small Business Grant Program Prepared For: Christine Moody Submitted By: Christine Moody, Finance and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board retroactively approve a contract to Micro Enterprise Services of Oregon for the Small Business Grant Program? STAFF RECOMMENDATION / ACTION REQUEST Staff Recommends that the Local Contract Review Board retroactively approve a contract to Micro Enterprise Services of Oregon (MESO) in an amount not to exceed $1,631,000.00. KEY FACTS AND INFORMATION SUMMARY On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) became law and established a $150 billion Coronavirus Relief Fund (Fund) from which the U.S. Department of Treasury made payments to eligible units of local government. Washington County received a $104 million payment from the Fund which, subject to the requirements of the CARES Act, can be used to cover expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures or restrictions. The City of Tigard requested and received a $1,631,000.00 distribution from Washington County to implement and operate a Small Business Grant Program for businesses located within the City's jurisdictional boundaries for necessary expenses due to the COVID-19 public health emergency. Because the City does not have the required resources to implement and operate a Small Business Grant Program itself, the City has chosen a third-party contractor to act as our agent. Micro Enterprise Services of Oregon (MESO) is uniquely qualified to perform these services because they are familiar with the required federal audit provisions as they are operating similar small business grant programs for other local jurisdictions. MESO will distribute $1,549,450 in grant funding from the City's share of Federal funds to businesses in Tigard consistent with City, County, and Federal requirements and processes. MESO will develop and host an online application portal, generate a list of eligible businesses with scores and award amounts, send out agreements and collect documentation from awardees, distribute funding to approved applicants, collect all data, and generate a final report of successful applicants. The administrative service fee to be paid to MESO is $81,550.00, with the total contract amount being $1,631,000.00. Under Tigard Public Contracting Rule (PCR) 80.010, the City Manager may authorize or let public contracts without a formal competitive process if it is determined that an emergency exists and the emergency consists of circumstances creating a substantial risk of loss, damage, interruption of services, or threat to public health or safety that could not have been reasonably foreseen and requires prompt execution of a contract to remedy the condition. The City Manager authorized an emergency contract with MESO on July 29, 2020 under the provision cited above because the timelines for awarding the money from the County necessitated immediate distribution and did not incorporate time for public contracting. OTHER ALTERNATIVES The Local Contract Review Board may choose to not enter into this contract with Micro Enterprise Services of Oregon and ask for the money to be returned to Tigard. This would result in undelivered federal CARES Act funding to Tigard small businesses. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: 1,631,000. Budgeted (yes or no): No Where budgeted?: Intergovernmental Agreement with Washington County Additional Fiscal Notes: Budget adjustment in Q1 Budget Supplemental. Attachments No file(s) attached. AIS-4379 4. Business Meeting Meeting Date: 09/08/2020 Length (in minutes): 5 Minutes Agenda Title: Consider a Resolution of Necessity Related to Property Acquisition for the SW 121st Ave Improvement Project Prepared For: Jeff Peck, Public Works Submitted By: Jeff Peck, Public Works Item Type: Meeting Type: Council Business Meeting - Main Public Hearing: Publication Date: Information ISSUE Shall the Tigard city council approve a Resolution of Necessity allowing Washington County to acquire right-of-way and ancillary easements from 43 parcels in order to construct the 121st Avenue Roadway Improvements? STAFF RECOMMENDATION / ACTION REQUEST Approve the Resolution of Necessity KEY FACTS AND INFORMATION SUMMARY The 121st Avenue Improvement project (CIP No. 95050) will provide continuous sidewalks, bicycle facilities, street lighting, drainage improvements, roadway resurfacing, and waterline improvements between SW Whistlers Loop and SW Tippit Street. Property and ancillary easement acquisitions will be required over 43 properties within the project limits. The resolution is part of the acquisition process allowing Washington County to negotiate in good faith with the owners and and other persons holding interest in the real property described in the Resolution of Necessity. This resolution allows Washington County to obtain immediate possession and pursue acquisition through eminent domain if necessary. The cost of easement acquisition is included within the project budget funded by Washington County through the Major Streets Transportation Improvement Program (MSTIP). OTHER ALTERNATIVES Council could choose to abandon the property acquistion process and terminate the project or attempt to negotiate for the easements without a Resolution of Necessity. Abandonment or delays to the project may impact the ability to construct the project using MSTIP funding. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS This project is included in the adopted Capital Improvement Plan and budget. DATES OF PREVIOUS COUNCIL CONSIDERATION The IGA between Washington County and the City of Tigard was brought before Council on January 29, 2019. Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION DECLARING THE NEED TO ACQUIRE PROPERTY OF THE PURPOSE OF CONSTRUCTING PUBLIC ROADWAY,UTILITY,AND RELATED IMPROVEMENTS ADJACENT TO AND ALONG SW 121ST AVENUE FROM SW WHISTLERS LOOP TO SW TIPPIT PLACE AND ALONG SW FONNER STREET FROM SW 121ST AVENUE TO SW 116TH PLACE AND AUTHORIZING EMINENT DOMAIN AND IMMEDIATE POSSESSION IF NECESSARY WHEREAS,the City Charter grants the City of Tigard ("City") the authority to acquire land for public purposes;and WHEREAS,the City is authorized by ORS 223.005 et seq. and ORS 35.015 et seq. to purchase,acquire, condemn,use,and enter upon property within or without its corporate limits as provided for by law;and WHEREAS,the City and Washington County have jointly entered into an intergovernmental agreement whereby... WHEREAS,the Washington County Board of Commissioners Resolution and Order No. 20-88 declares the necessity of the acquisition of certain right-of-way,the centerlines of which are described in Exhibits "A-1" and"A-2"of said Resolution and Order,a copy of which is attached hereto as Exhibit"1",and WHEREAS,Washington County Board of Commissioners Resolution and Order No. 20-88 defines the width of said right-of-way to be in accordance with the current Washington County Transportation Plan and authorized any ancillary easements,and incidental additional right-of-way,as may be reasonably necessary in order to accommodate the project;and WHEREAS,Washington County Board of Commissioners Resolution and Order No. 20-88 directs an attempt to agree with the owners as to just compensation and authorizing condemnation proceedings to acquire said right-of-way for immediate possession and authorizing payment of protective rents;and WHEREAS,the Tigard City Council deems it necessary to acquire the same certain property located along the centerlines described in Exhibits "A-1"and"A-2"of Washington County Board of Commissioners Resolution and Order No. 20-88 in order to protect the health, safety,and general welfare of the public. WHEREAS, Oregon Revised Statutes Chapter 368.016 requires city consent for road project undertaken by a county within a city. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Pursuant to ORS 368.016,the City of Tigard consents to Washington County taking all actions contemplated by Washington County Board of Commissioners Resolution and Order No. 20-88 and authorizes such actions regarding said project within the City's jurisdiction. SECTION 2: The Tigard City Council hereby finds and declares the construction,operation,maintenance, repair and improvement of certain streets and other public right-of-way located within the City's limits in Washington County, Oregon described in Exhibits "A-1"and"A-2"of Washington County Board of Commissioners Resolution and Order No. 20-88 attached hereto as Exhibit 1 and incorporated herein by this reference is needed and required;and Resolution No 20- SECTION 3: The described real property is required and in the public interest for safe and efficient operation,as may be reasonably necessary in order to accommodate project design;and SECTION 4: The improvements to said real property will be planned,designed,located and constructed in a manner that will be most compatible with the greatest public benefit and the least private injury or damage;and SECTION 5: Based upon the above findings,which are incorporated herein by reference,the Tigard City Council concurs with the findings of Washington County Board of Commissioners Resolution and Order No. 20-88 and authorizes Washington County to proceed with such acquisition of through negotiation or condemnation as necessary. SECTION 6: This resolution is effective immediately upon passage. PASSED: This day of 2020. Mayor-City of Tigard ATTEST: City Recorder—City of Tigard Resolution No 20- �GTON co ��` G 32� AGENDA WASHINGTON COUNTY BOARD OF COMMISSIONERS OREGON Agenda Category: Consent— Land Use &Transportation (CPO 4B) Agenda Title: APPROVE DECLARATION OF NECESSITY AND PROTECTIVE RENT PAYMENTS FOR RIGHT-OF-WAY ACQUISITION FOR THE SW 121ST AVENUE (TIPPITT PLACE TO WHISTLERS LOOP) PROJECT Presented by: Stephen Roberts, Director of Land Use &Transportation SUMMARY: Located in the City of Tigard, SW 121st Avenue between Tippitt Place and Whistlers Loop, has two travel lanes, limited street lighting, no bike lanes, intermittent sidewalks and inadequate drainage facilities. The project is funded through the Major Streets Transportation Improvement Program (MSTIP) 3e. This project will include continuous sidewalks, bicycle facilities, street lighting and drainage facilities, which will improve safety and accessibility on 121st Avenue. The County is partnering with the City of Tigard to install a 24-inch city water main as part of this project. This coordination will lower the cost of the water project and minimize road and traffic impacts. In order to construct the improvements as designed, additional right-of-way and ancillary easements may be required. Right-of-way acquisition for the project will follow Oregon Department of Transportation (ODOT) guidelines and policies adopted by the Board. There may be opportunities to acquire right-of-way for the project, which may require protective rent payments. Accordingly,the Board is requested to approve protective rent payments for this project as necessary, which has been done on other similar projects. (continued) Attachments: Resolution and Order, including Exhibits "A" and "A-1" Vicinity Map DEPARTMENT'S REQUESTED ACTION: Approve the attached Resolution and Order authorizing staff to acquire the necessary right-of-way and protective rent payments for the SW 121st Avenue (Tippitt Place to Whistlers Loop) project. COUNTY ADMINISTRATOR'S RECOMMENDATION: I concur with the requested action. ko e Agenda Item No. 2.d. V Date: 07/28/20 51 APPROVE DECLARATION OF NECESSITY AND PROTECTIVE RENT PAYMENTS FOR RIGHT-OF-WAY ACQUISITION FOR THE SW 121ST AVENUE (TIPPITT PLACE TO WHISTLERS LOOP) PROJECT BOC 07/28/20 A Resolution and Order has been prepared for the Board, which would allow the County to acquire the right-of-way and easements by condemnation, if necessary. Construction of the road project is expected to begin spring 2022 with anticipated completion spring 2023. ADDITIONAL INFORMATION: Community Feedback (Known Support/Opposition): There have been two public open houses with generally favorable support and no known opposition. Legal History/Prior Board Action: On Oct. 4, 2016, the Board adopted the MSTIP 3e funding program, which allocated funding for the SW 121st Avenue improvement project (MO 16-129). Budget Impacts: Total Estimated Project Cost $ 6,000,000 Expenditures to date $ < 689,823> Balance available $ 5,310,177 52 1 IN THE BOARD OF COUNTY COMMISSIONERS 2 FOR WASHINGTON COUNTY, OREGON 3 In the Matter of Declaring the Necessity and ) Purpose for Acquisition of Certain Right-of-Way ) 4 For the SW 121st Avenue (Tippitt Place to ) RESOLUTION AND ORDER Whistlers Loop) Project, Directing an Attempt to ) 5 Agree With Owners as to Compensation; ) No. Authorizing Condemnation Proceedings to ) 6 Acquire the Said Rights-of-Way; and Authorizing ) the Payment of Protective Rent. ) 7 8 The matter having come before the Washington County Board of Commissioners at its 9 regular meeting of July 28, 2020; and 10 It appearing to the Board that funding has been approved for an improvement project for 11 the SW 121st Avenue (Tippitt Place to Whistlers Loop) Project, Project No. 100405 ("Project"), which 12 provides for the construction of the proposed improvements; and 13 It appearing to the Board that the Board of Commissioners has authority under ORS Chapter 14 35 to acquire right-of-way by purchase or condemnation proceedings; and 15 It appearing to the Board that it is consistent with the powers and purposes of County 16 government, and necessary for the continued growth, safety and welfare of the community, that 17 the Project be constructed and that the necessary right-of-way and easements be acquired; and 18 It appearing to the Board that the proposed construction of the Project is planned and 19 located in a manner which is most compatible with the greatest public good and causes the least 20 private injury; it is therefore 21 RESOLVED AND ORDERED that it is necessary for the preservation of the public health, safety Page 1 - RESOLUTION AND ORDER WASHINGTON COUNTY COUNSEL 161 NW ADAMS AVENUE,SUITE 305,MS#24 HILLSBORO,OR 97124 PHONE(503)846-8747-FAX(503)846-8636 1 and welfare of Washington County that the County, in connection with the construction of the 2 Project, immediately start the acquisition process for the necessary right-of-way and easements for 3 the Project, through exercise of the power of eminent domain; and it is further 4 RESOLVED AND ORDERED that the right-of-way and easements to be acquired are described 5 as follows: the centerlines are described in the attached Exhibits "A" and "A-1"; the width of right- 6 of-way will be in accordance with the current Washington County Transportation Plan; ancillary 7 easements including slope, sidewalk, utility, wetland mitigation, storm water treatment, storm 8 water detention, and temporary construction purposes; together with such incidental additional 9 right-of-way at intersections, and due to topography or other project-level refinements and features 10 identified as necessary for safe and efficient operation, as may be reasonably necessary in order to 11 accommodate project design; and any uneconomic remnants, as determined by appraisal; and it is 12 further 13 RESOLVED AND ORDERED that the Department of Land Use & Transportation and the Office 14 of County Counsel are authorized to retain real estate appraisers and negotiators, said appraisals to 15 be prepared under the auspices of the Office of County Counsel and submitted to said Office for 16 initiation of proceedings as described below; and it is further 17 RESOLVED AND ORDERED that the Department of Land Use & Transportation is authorized 18 to make protective rent payments in conjunction with acquisition of the subject property, when 19 determined to be feasible and economically advantageous to the Project; and it is further 20 RESOLVED AND ORDERED that the Department of Land Use &Transportation shall in good 21 faith, attempt to negotiate an agreement as to just compensation with affected property owners, Page 2 - RESOLUTION AND ORDER WASHINGTON COUNTY COUNSEL 161 NW ADAMS AVENUE,SUITE 305,MS#24 HILLSBORO,OR 97124 PHONE(503)846-8747-FAX(503)846-8636 1 but the Board recognizes that there is a reasonable likelihood that formal litigation will be necessary 2 for a substantial number of properties and, therefore, hereby authorizes the Office of County 3 Counsel to file complaints in condemnation and take said other steps as it determines are necessary 4 for the immediate possession and condemnation of the right-of-way described herein. 5 DATED this 28th day of July 2020. 6 71 AYE NAY ABSENT BOARD OF COUNTY COMMISSIONERS 8 HARRMK3TON FOR WASHINGTON COUNTY, OREGON SCHOUTEN 9 TREECE ' ROGERS �1 CHA ATHRYN H RINGTON 10 WILLEY U � iU'v► 11 RECORDING SECRETARY 12 I APPROVED AS TO FORM: 13 CORTNEY D. DUKE-DRIESSEN 14 SR. ASSISTANT COUNTY COUNSEL 15 DATE AND SIGNED:JANUARY 8, 2020 16 PAGE 3- R&O# .4).-0 ' 2 17 DECLARATION OF NECESSITY FOR RIGHT-OF-WAY 18 19 20 21 Page 3 - RESOLUTION AND ORDER WASHINGTON COUNTY COUNSEL 161 NW ADAMS AVENUE,SUITE 305,MS#24 HILLSBORO,OR 97124 PHONE(503)846-8747-FAX(503)846-8636 PROJECT NO. 100405 SW 121ST AVENUE IMPROVEMENT PROJECT May 29, 2020 EXHIBIT 'A' CENTER LINE DESCRIPTION FORA PORTION OF SW 121ST AVENUE. BEING A ROAD CENTER LINE OF A PORTION OF SW 121ST AVENUE LOCATED IN THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON, AS SHOWN ON THAT CERTAIN RECORD OF SURVEY SN 33853, FILED JUNE 19, 2020, IN THE WASHINGTON COUNTY SURVEYORS OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTER LINE OF SW 121ST AVENUE,AT STATION 15+17,21, STATIONING PER THAT CERTAIN RECORD OF SURVEY SN 33853, FILED JUNE 19, 2020, IN THE WASHINGTON COUNTY SURVEYORS OFFICE, SAID POINT BEING MARKED BY A 5/8" IRON ROD, IN A MONUMENT BOX, WITH YELLOW PLASTIC CAP MARKED "CITY OF TIGARD", SAID IRON ROD BEING SET PER MONUMENT REPLACEMENT SURVEY SN-30047, FILED SEPTEMBER 1, 2005, IN THE WASHINGTON COUNTY SURVEYORS OFFICE, THENCE RUNNING ALONG THE CENTER LINE OF SW 121ST AVENUE, NORTH 2°40'33" EAST A DISTANCE OF 135,48 FEET TO A POINT ON THE CENTER LINE OF SW 121ST AVENUE AT STATION 16+52.69, SAID POINT BEING MARKED BY A 5/8" IRON ROD, IN MONUMENT BOX, WITH YELLOW PLASTIC CAP MARKED "CITY OF TIGARD", SAID POINT BEING SET PER SAID MONUMENT REPLACEMENT SURVEY; THENCE CONTINUING ALONG THE CENTER LINE OF SW 121ST AVENUE, NORTH 2°40'33" EAST A DISTANCE OF 18,84 FEET TO AN ANGLE POINT AT STATION 16+71.53, SAID ANGLE POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE CENTER LINE OF SW 121ST AVENUE, NORTH 31°03'05" EAST A DISTANCE OF 1354.42 FEET TO A POINT ON THE CENTER LINE OF SW 121ST AVENUE AT STATION 30+25.95, SAID POINT BEING MARKED BY A 1/2" IRON PIPE, IN MONUMENT BOX, SAID POINT BEING SET PER PLAT OF COUNTY SURVEY NO. 3184, FILED FEBRUARY 1940, IN THE WASI-IINGTON COUNTY SURVEYORS OFFICE; THENCE CONTINUING ALONG THE CENTER LINE OF SW 121ST AVENUE, NORTH 2°06'18" EAST A DISTANCE OF 792.84 FEET TO AN ANGLE POINT ON THE CENTER LINE OF SW 121s" AVENUE AT STATION 38+18.79, SAID POINT BEARS NORTH 60°03'50" WEST A DISTANCE OF 0.14 FEET FROM A 5/8" IRON ROD, IN MONUMENT BOX, NO RECORD, SHOWN PER SN-24560,FILED MAY 5, 1992, IN THE WASHINGTON COUNTY SURVEYORS OFFICE; THENCE CONTINUING ALONG THE CENTER LINE OF SW 121ST AVENUE, NORTH 2°37'13" WEST A DISTANCE OF 1239.90 FEET, AT STATION 50+58.69,TO THE POINT OF TERMINATION, SAID POINT BEING MARKED BY A 5/8" IRON ROD, IN 56 MONUMENT BOX, WITH YELLOW PLASTIC CAP MARKED "DEA INC", SAID POINT BEING SET PER RECORD OF SURVEY SN-27625, FILED FEBRUARY 26, 1999, IN THE WASHINGTON COUNTY SURVEYORS OFFICE; THE BASIS OF BEARING FOR THIS DESCRIPTION IS NAD83(2011) EPOCH 2010 OREGON STATE PLANE COORDINATE SYSTEM, NORTH ZONE. REGISTERED PROFESSIONAL I AND SI) RVEY01Q JANUARY 14, 2 AMES EDWARD NFRO 94768 EXPIRES: 12/31/2022 57 PROJECT NO, 100405 SW 121ST AVENUE IMPROVEMENT PROJECT April 22, 2020 EXHIBIT 'A-1' CENTER LINE DESCRIPTION FOR A PORTION OF SW FONNER STREET. BEING A ROAD CENTER LINE OF A PORTION OF SW FONNER STREET, LOCATED IN THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON, AS SHOWN ON THAT CERTAIN RECORD OF SURVEY SN 33853, FILED JUNE 19, 2020, IN THE WASHINGTON COUNTY SURVEYORS OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT ON THE CENTER LINE OF SW 121ST AVENUE, AT STATION 38+18.79, SW FONNER STREET STATION 0+00.00, STATIONING PER THAT CERTAIN RECORD OF SURVEY SN 33853, FILED JUNE 19, 2020, IN THE WASHINGTON COUNTY SURVEYORS OFFICE, SAID POINT BEARS NORTH 60°03'50" WEST A DISTANCE OF 0.14 FEET FROM A 5/8" IRON ROD, IN MONUMENT BOX, NO RECORD, SHOWN PER SN-24560, FILED MAY 5, 1992, IN THE WASHINGTON COUNTY SURVEYORS OFFICE; THENCE RUNNING ALONG THE CENTER LINE OF SW FONNER STREET, SOUTH 87°52'55" EAST A DISTANCE OF 1148.58 FEET TO AN ANGLE POINT AT STATION 11+48.58, AND BEING THE POINT OF TERMINATION, SAID POINT BEING THE CENTER 1/4 CORNER OF SAID SECTION 3, SAID POINT BEARS NORTH 2°13'20"EAST A DISTANCE OF 2630.48 FEET FROM THE SOUTH 1/4 CORNER OF SAID SECTION 3, SAID POINT BEING MARKED BYA 2" BRASS DISC SET PER U.S.B.T. 2004-016, FILED JUNE 15, 2004, IN THE WASHINGTON COUNTY SURVEYORS OFFICE. THE BASIS OF BEARING FOR THIS DESCRIPTION IS NAD83(2011) EPOCH 2010 OREGON STATE PLANE COORDINATE SYSTEM, NORTH ZONE. REGISTERED PROFESSIONAL I'Akin CI IP1/1:Vr i fs) JANgihEl- IJ MC5 D 'R0 94768 EXtiPIRES: 12/31/2022 007 Ji4-- 58 AIM WASHINGTON COUNTY OREGON VICINITY MAP N Dept.of Land Use&Transportation Capital Project Services SW 121st Avenue Tippitt Place to Whistlers Loop KLF I June 30,2020 Project #100405 Not to Scale SW KATHERINE ST. z > —__ I ii WILLS FL L 11) 3 s SW LYNN ST. �� — ti I4 \ S�ANN CT. NI —rwIIW L.J a~ NNq L SwANNST:�ANN ST. I� .,-� _ t� / NN p T' N SW BROOK CT. L Map I ui 1st 24`2 SW WALNUT ST I Location — � 1F,� rS\N 1 F I ry V1 3 00 r-1 _ SW-ERROL-ST. N Centerline Limits m N Exhibit "A" P � SW-TIPP\�PL ' uj SW-CARMEN'ST. N w Py a �� ISyl LANSDOWNE LN.J 3 w SW ELTO"`T. Centerline Limits �'� riW-ALBERTA ST swLDTTN<T. Centerline Limits �s��ONNER ST. ` Exhibit "A-1" (� Exhibit "A-1" '�"� LLi > SW JAMES ST (—SW-DERRY-DELL-CT--YI S\g\G`.P'OOP -..=—)— Project ENESIS� � i i ( SW-MARION ST. ,c;511 Location 1 Sye tis SW PARK ST. `^5 97: , )F2 ! >- 'SW-COOK-LNQUAIL-CREEKLN.( c SW-FAIRHAVEN ST. SW.TgLON LN. < dl- lJ I K f a� v LI SWAAN y ,, i t —SW-FAIRHAVEN WM ��' Centerline Limits W Exhibit "A" SW-R0SE"..... Qi sw-viEwMo ld-Nab ���` r�pdY �1 a QP ,-i SW-GAR' �� ;=''''''''' o1—SW GAARDE ST. j (—� SW MCDONALD ST. SW AMES LN—� 11' w > 1 , > ,, Q SW-COLE-LN. '�-.. a N 118TH, 1:,..4.. Y �r CHANDLER-DR— �� °' LL Li 99W 3 � , Q Q / cc SW MCFARLAND-B%, z------, s �, Tigard N �9T� SWCQRVWscT. S`N WILDWOOD �� 2 4� ST G�` l I e4, AIS-4392 5. Business Meeting Meeting Date: 09/08/2020 Length (in minutes): 15 Minutes Agenda Title: Consider Resolution Authorizing Water Revenue Refunding Bonds Prepared For: Toby LaFrance, Finance and Information Services Submitted By: Toby LaFrance, Finance and Information Services Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Shall Council pass the resolution authorizing the sale of water revenue refunding bonds? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends passage of the resolution KEY FACTS AND INFORMATION SUMMARY On May 1, 2012, Tigard issued $97,720,000 in water revenue bonds to pay for the Lake Oswego Tigard Partnership that created the water system that Tigard's water utility now enjoys. This bond was the first of two bonds issued to pay for the project. An additional $30,810,000 was issued in March 2015. All the proceeds from these bonds have been spent and the project is operational. The 2012 Bonds were sold with a true interest cost (yield) of 4.042%; the remaining bonds to be paid have nominal rates (coupons) of 5.00%. Since the 2012 bonds were issued, S&P's Global Ratings has affirmed it's rating of AA- and Moody's has upgraded Tigard's rating for our water revenue bonds from Al to Aa3. Tigard's General Obligation Bond rating, which is typically higher than revenue bond ratings is AA+ from S&P's Global Ratings and Aal from Moody's. Currently, the interest rate environment is favorable for issuing bonds. Both of Tigard's water bonds were issued with 30 year terms where the first 10 years cannot be refunded. The attached resolution will permit the sale of an advance refunding. This will allow the city to take advantage of the low interest rate environment by selling new bonds at a lower interest rate. A common option for doing this is paying off years 11-30 of the 2012 bonds, and placing funds into an escrow account to pay interest on the refunded principal prior to its redemption in year 10 of the 2012 bonds. This escrow earns a small return while paying bonds that cost 5.0%. The gain to Tigard on the last 20 years of debt is significant and makes the advance refunding worthwhile. While the market can change, initial estimates are that Tigard will save at approximately $1 million per year in debt payments. Staff is not recommending an advance refunding of the 2015 Water Revenue Bonds. The difference between the minor savings/loss entailed in holding five years of payments in escrow and the savings from the lower interest rate for the subsequent years is not sufficient to make an advance refunding on the 2015 bonds worthwhile at this time. OTHER ALTERNATIVES Council could not approve the resolution and Tigard will continue to pay the 2012 Water Revenue Bonds. Staff will continue to monitor the bond market and it still may be worthwhile to do a refunding after the bonds are 10 years old. Initial analysis shows that if the market for bond rates increases by over 0.55% between now and May 2022, then Tigard will not have the same amount of savings that an advance refunding will provide now. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Goal 1: Ensure the City's continued financial stability and sustainability while providing mandated services. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION OF THE CITY OF TIGARD,WASHINGTON COUNTY, OREGON, AUTHORIZING THE SALE OF WATER SYSTEM REVENUE REFUNDING BONDS AND RELATED MATTERS WHEREAS,the City of Tigard,Oregon(the"City") has issued water revenue bonds under a Master Water System Revenue Bond Declaration dated as of May 1,2012 (the"Master Declaration"),as amended and supplemented by the First Supplement to Master Water System Revenue Bond Declaration dated as of March 3,2015(the"First Supplemental Declaration"). The Master Declaration,together with the First Supplemental Declaration,is referred to herein as the"Declaration." Capitalized terms used but undefined in this Resolution shall have the meaning for such terms in the Declaration;and WHEREAS,on May 1,2012,the City issued its $97,720,000 Water System Revenue Bonds,Series 2012 (the "Refundable Bonds")pursuant to Ordinance No. 10-19 and under the Master Declaration;and WHEREAS,the City may reduce its debt service expense by refunding all or a portion of the outstanding Refundable Bonds;and WHEREAS,ORS Sections 287A.360 through 287A.380 authorize the City to issue bonds to refund outstanding City bonds. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1. Refunding Bonds Authorized. The City hereby authorizes the sale and delivery of water system revenue refunding bonds in a principal amount sufficient to prepay all or any portion of the City's outstanding Refundable Bonds and to pay estimated costs related to the refunding. The water system revenue refunding bonds authorized by this Resolution (the"2020 Bonds") may be issued as Parity Bonds under the Declaration. SECTION 2. Security. The 2020 Bonds shall not be general obligations of the City and neither the authorization nor issuance of the 2020 Bonds shall authorize the City to levy additional taxes.The 2020 Bonds shall be special obligations of the City that are payable solely from the Net Revenues of the Water System and related amounts as provided in the Declaration. SECTION 3. Delegation. The City Manager or the Finance and Information Services Director,or the designee of the City Manager or the Finance and Information Services Director (each of whom is referred to herein as a"City Official") are hereby authorized,on behalf of the City and without further action by the City Council to: 1) Determine whether the savings produced by the refunding are adequate to justify the refunding,and select the Refundable Bonds to be refunded. 2) Issue the 2020 Bonds in one or more series,which may be sold at different times. 3) Participate in the preparation of,authorize the distribution of,and deem final any official statement or other disclosure documents relating to each series of the 2020 Bonds. 4) Establish the form,final principal amounts,interest rates,payment terms and dates,and other terms of each series of the 2020 Bonds. RESOLUTION No. 20- Page 1 3501856.1 001092 FILE 5) Either publish a notice of sale,receive bids and award the sale of that series to the bidder complying with the notice and offering the most favorable terms to the City,or select one or more underwriters, commercial banks or other investors and negotiate the sale of that series with those underwriters, commercial banks or other investors. 6) Undertake to provide continuing disclosure for each series of the 2020 Bonds,as applicable,and to comply with Rule 15c2-12 and any other applicable requirements of the United States Securities and Exchange Commission. 7) Finalize the terms of,execute and deliver a supplemental bond declaration or similar document for each series of 2020 Bonds,which memorializes the terms under which the series is issued and which may contain additional covenants that the City Official determines are desirable to facilitate the sale of 2020 Bonds or obtain more favorable terms for the City. 8) Apply for one or more credit ratings for each series of the 2020 Bonds. 9) Determine whether to purchase municipal bond insurance or obtain other forms of credit enhancements for each series of the 2020 Bonds,enter into agreements with the providers of credit enhancement(if such enhancement is determined to be beneficial),and execute and deliver related documents. 10) Engage the services of verification agents,escrow agents,paying agents and any other professionals whose services are desirable for the 2020 Bonds and negotiate the terms of and execute any agreement with such professionals. 11) Make any contributions to or withdrawals from the Bond Reserve Account that the City Official determines are desirable and determine the Reserve Requirement,if any, for each series of the 2020 Bonds. 12) Determine whether each series of the 2020 Bonds will bear interest that is excludable from gross income under the Internal Revenue Code of 1986,as amended (the"Code"),or is includable in gross income under the Code. If a series bears interest that is excludable from gross income under the Code,the City Official may enter into covenants to maintain the excludability of interest on that series of the 2020 Bonds from gross income. 13) Designate any series of the 2020 Bonds as "qualified tax-exempt obligations"under Section 265(b)(3) of the Code,if applicable. 14) Provide for the call,defeasance,and redemption of any Refundable Bonds that are refunded and enter into related agreements and take related actions. 15) Execute and deliver each series of the 2020 Bonds to their purchaser. 16) Execute and deliver any agreements or certificates and take any other action in connection with each series of the 2020 Bonds which the City Official finds is desirable to permit the sale and issuance of that series of the 2020 Bonds in accordance with this Resolution. SECTION 4. Advanced Refunding Plan. The City Official is hereby authorized to file any required advanced refunding plans related to the Refundable Bonds with the State of Oregon. SECTION 5. Effective Date. This Resolution shall take effect on its date of adoption. PASSED: This 8th day of September,2020. RESOLUTION No. 20- Page 2 3501856.1 001092 FILE Mayor-City of Tigard ATTEST: City Recorder—City of Tigard RESOLUTION No. 20- Page 3 3501856.1 001092 FILE tr City ofTigard Respect and Care I Do the Right Thing I Get it Done 2012 Water Bond Advance Refunding September 8, 2020 RN : TIGARD City ofTigard Council Action • Resolution will authorize City Manager or Finance Director to sell Water Refunding Bonds secured by the revenues of the water system . City ofTigard Background • Tigard's share of the LO/Tigard Water Partnership paid for by issuing bonds in 2012 and 2015. • Bonds have 30 year term and 10 year non- refundable. • Advance refunding creates escrow for remainder of first 10 years and refunds principle for years 11-30 at lower interest rate. IICity ofTigard Refunding Benefits • Total water debt payments are $8.4M annually. • Anticipated savings from the refunding is over $ 1 .OM annually, reducing debt service by over 12%. IICity ofTigard Refunding Benefits • Enhance intergenerational equity by helping to offset annual reserve for asset renewal, repair, and replacement as discussed at Council January 21, 2020. • Input in current water rate study. City ofTigard Questions ?