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City Council Packet - 08/23/2022 1114 • City of Tigard Tigard Business Meeting —Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AUGUST 23,2022- 6:30 p.m.Business Meeting REVISED 8/18/22-Agenda Item No. AND TIME: 2B was revised, and a supplemental document was added to Item No. 5 MEETING Hybrid meeting with some remote and some in-person participation at Town Hall, 13125 SW LOCATION: Hall Blvd.,Tigard, Oregon. See PUBLIC NOTICE below. PUBLIC NOTICE:In accordance with the City of Tigard's Safety Plan related to COVID-19 and Oregon House Bill 4212,this will be a hybrid meeting where some Council,staff or public will participate in person and some will participate remotely. How to comment: •Written public comment may be submitted electronically at www.tigard-or.gov/Comments.All comments must be submitted before noon the day of the meeting. •If you prefer to call in,please call 503-966-4101 when instructed to be placed in the queue.We ask that you plan on limiting your testimony to three minutes. •If attending the meeting in person,please fill out the public comment sign-in sheet at the front of the room and come to the microphone when your name is called. •NEW!You may comment by video through the Teams app. Go to this link to learn how to participate by video:August 23,2022 Council Meeting (https://www.tigard-or.gov/Home/Components/Calendar/Event/1822/372) SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE: https://www.tigard-or.gov/boxcast CABLE VIEWERS:The first City Council meeting of the month will be shown live on Channel 21 at 6:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:30 a.m. Friday 10:00 p.m. Monday 6:00 a.m. Saturday 7:30 p.m. " City of Tigard • • Tigard Business Meeting —Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AUGUST 23,2022- 6:30 p.m. Business Meeting- REVISED 8/18/22-Agenda Item AND TIME: No.2B was revised, and a supplemental document was added to Item No. 5 MEETING Hybrid meeting with some remote and some in-person participation at Town Hall, 13125 LOCATION: SW Hall Blvd.,Tigard,Oregon. 6:30 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. PROCLAMATIONS AND RECOGNITION A. PROCLAIM SEPTEMBER AS NATIONAL EMERGENCY PREPAREDNESS MONTH B. PROCLAIM SEPTEMBER 17-23 AS CONSTITUTION WEEK 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Public Comment—Written C. Public Comment—In-person D. Public Comment—Phone-In E. Public Comment-Video 4. WATER SDC RATE STUDY PRESENTATION 6:45 p.m. estimated time 5. FRONTLINE AWARD DISCUSSION 7:10 p.m. estimated time 6. BRIEFING ON SAFE SPACES PROJECT 7:15 p.m. estimated time 7. PUBLIC HEARING AND ADDITION OF PROJECTS TO ATTACHMENT A OF THE METRO LOCAL SHARE IGA 7:40 p.m. estimated time 8. NON-AGENDA ITEMS 9. ADMINISTRATIVE REPORT 7:55 p.m. estimated time 10. EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss a performance-related review of public officers or employees under ORS 192.660(2)(i).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. 8:00 p.m. estimated time 11. ADJOURNMENT 8:30 p.m. estimated time 11,1 • • TIGARD Public Comments received by noon for the August 23, 2022 Meeting of the Tigard City Council 1. Darlene Dick 8/9/2022 Ban Residential Fire Pits Carol Krager From: Sent: Tuesday, August 9, 2022 3:13 PM To: Carol Krager Cc: Darlene Dick Subject: For City Council Meeting-August 9, 2022- Ban Residential Fire Pits Attachments: City of Tigard.docx You don't often get email from Learn why this is important Hi Carol, Please include the attached letter in tonight's Public Comments. Thank you so much. Kind regards, DarLem DiGIZ, MBA (503)639-5526 1 City of Tigard, City Council City Manager, Steve Rymer August 9, 2022 RE: Ban of Recreational Fires within Residential Neighborhoods Dear City of Tigard Mayer, Council Members, City Manager- I am requesting a ban on open wood fire pits/recreational fires within residential neighborhoods. Other Oregon cities have accomplished this. The smoke is offensive, life threatening, - especially to those who have compromised immune systems, Asthma, and people who trying to recover from Covid. Smoke from fires is an environmental hazard, and smoke infiltrates inside our homes leaving a dirty film. Smoke helps to create climate change. Not many people want to smell like a forest fire while trying to enjoy their personal space in the backyard or inside their homes. Our world has changed, and open fire pits/recreational backyard fires are not welcome. Going to emergency rooms via ambulance due to smoke induced asthma attacks brought on from backyard fire pits, is not acceptable on any level. Most people want to breath clean air. Most people want to live and not have life threatening emergencies so that a few people can have open fire pits. The world has changed, and I am asking Tigard, to also change with the times. Please Ban Open Fire Pits/Recreational fires in Residential Neighborhoods. Save people from life threatening situations and help save the environment. Thank you for listening. Sincerely, Darlene J Dick, MBA "Tigard-To support future actions, we refreshed our strategic vision to be "An equitable community that is walkable, healthy, and accessible for everyone." Al. �..,, A ITEM NO. 3 B - PUBLIC COMMENT DATE: August 23, 2022 (Limited to 3 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and cities of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME & CITY YOU LIVE IN TOPIC STAFF Please Print CONTACTED Name 3641) t-to('P1f/ City—rt C?,4iZ1) `5AE S? Also,please spell your name as it sounds,if it will help the pr siding officer pronounce: Optional: If you want a response om staff please leave your contact information: Address (34147 s J .. sStDi De City --1-16)4- State �1e– Zip 9 7)..Z 3 Phone no. or email See--i"-Q..pANC`WAk.,_rein.,i_Lal Name City Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Optional: If you want a response from staff please leave your contact information: Address City State Zip Phone no. or email Name City Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Optional: If you want a response from staff please leave your contact information: Address City State Zip Phone no. or email AIS-4973 2.A. Business Meeting Meeting Date: 08/23/2022 Length (in minutes): 5 Minutes Agenda Title: Proclaim September as National Emergency Preparedness Month Authored By: Joanne Bengtson Presented By: Mike Lueck Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Community resilience is the capacity of individuals and households to absorb, endure, and recover from the health, social, and economic impacts of a disaster such as an earthquake or pandemic. When disasters occur,recovery depends on the community's ability to withstand the effects of the event. ACTION REQUESTED City teammates would like City Council to issue this proclamation in support of Tigard CERT members who partner with the city to make emergency preparedness an important part of community planning. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations This proclamation was last issued in 2019. Since then, emergency management and resiliency planning have become more critical in the face of extreme weather, a pandemic,wildfires and more. Public Involvement The city's Community Emergency Response Team (CERT) conduct regular training and outreach,while city teammates work with a consultant,internal experts and a student-led group of middle and high school students interested in climate action. The city hosts regular virtual sessions for the public featuring experts discussing climate change, energy reduction, considerations for climate adaptation - particularly related to high heat events Impacts (Community, Budget, Policies and Plans/Strategic Connection) This proclamation supports the mission of Tigard CERT and two of the City Council's goals: Develop and implement a bold community resiliency plan I Support the Tigard community through a coordinated COVID-19 response. ALTERNATIVES & RECOMMENDATION City teammates recommend issuing this proclamation, although the City Council could choose not to. ADDITIONAL RESOURCES Attachments Emergency Preparedness Month - - � Y5 x•r-•�•,r •�J�rl t¢�- i�riva[.'. l�: '�.�.i t. ..,�..; - - F•;r �....� w x ¢� v.k...�' �,.?V: {':.;?;S"• �r_j..7 Iti- S- ::.k it :iSSry k.' {' �.�,Y 1IM::w:r}E. o �R.t. A 'F 1,1f F.,,, `'� ey�n.,d:.,�• .[7`� $... T�11kf+ '(r�... -.1`s'" 'gsr�, 4:1 .�:w:. ...P ';Jti. e��-'ger. .--'7,;i'.!.4, :-:,.:411"�e:• .-a. - ,,:l':', . ..t { l:-�.�...lej0,4".01:•,,:c."y....y ..,, .rj ,,_: 7..+rdf. .�:•• �. "1�.;'.c::sr'•:;� ::�rS.. : �'i 5v+'= c--.hee.�..:�!- .� -rc �s _ r�,-":'�•�, �''>kc - - "`tee .f F� -.'Y:, .r 4: .:?, f:e ^.`y: �L �1 ,,x,..,„:,_=.$3,,,1,.,{: rtti-. tiiiCCS ] �h:7—' �� 'c x '94i :�: :-��iusme¢¢aAAwea¢sawaaaua¢TIaneieo+eae¢se¢a¢¢e¢v¢eiaee¢ea¢ea¢¢usravea¢¢ae 33oee¢e¢.a¢na¢mavaaunu3¢¢an ¢¢¢m¢¢0¢a¢¢aieue :, `:•,>: 7il'-,a.n. 1 f.116`5'. f ,. „,,,.. ........ 'r' :,t1,t 8) : lEtz (.,.,„_ cio Air :4' le 4 - , i ir/i‘vigmJcitx lc, Aft 4'+• . .`_: City of Tigard .1041&:', NATIONAL PREPAREDNESS MONTH - �` �,,-:. .- September 2022 -::�...:.:..�„� i ``' WHEREAS, "National Preparedness Month” creates an important opportunity for every ",..., .. +F resident and employee of the City of Tigard to prepare their home, business and the „0.N + communityfor anytype of emergency, natural disasters or catastrophe; and `(�.``: ofYpincluding p .. -.. WHEREAS, the Oregon Department of Emergency Management encourages every :s. community member to take active steps to protect their family and neighbors from disasters �•x� "... W and emergencies that could happen at any time; andi.-7.'117:'; „ : 41 -= _: r. WHEREAS, disasters don't wait for us to be ready so Tigardians are encouraged to make Ailip�k and practice an emergency plan that outlines what to do before, during and after an :i'"` .. emergency, talk with your family, neighbors and friends about the plan; and ::: - •!-.3 WHEREAS, the Cityof Tigard acknowledges the increased frequency of extreme weather ,_�� 9 9 q Yr events as a result of our changing climate, which includes flooding, heat, and snow and ice; - ,'t 6the increased frequency and severity of natural disasters further necessitates advanced iriro• planning and preparedness by the city, its community members, and business owners; and N. WHEREAS, everyresident shouldpack an emergency kit with two weeks' worth of food, 1: =r - , ,,... g Y :,µ. =' water, supplies and necessities like medications,for every human and pet in their care, as °- ' well as co ies of im ortant documents and hone char ers as art of their disaster , . �a., P p P 9 p �;, • ea'� preparedness kit; and _ .,,< ` WHEREAS, emergency preparedness is the responsibility of every resident and all are ' ,._ urged to make preparedness a priority and work together as a team to ensure that VW.- ''o11 individuals, families, and the community are prepared for disasters and emergencies of any type; and k <:fa WHEREAS, emergency preparedness for vulnerable and frontline populations, should be at Y too.,, . ;' the forefront of emergency planning efforts. ” itifir-!! NOW THEREFORE BE IT RESOLVED THAT the City of Tigard City Council does hereby ._ .-; ,. proclaim the month of September 2022 as < tt{_.;: NATIONAL PREPAREDNESS MONTH :' €!.- E in Tigard, Oregon and encourage residents and businesses to developtheir own emergencyN;. �="' 9 9 9 � l, preparedness plan and work together to build a more prepared and resilient community. ._, 4 :-=.....'"4:: Dated this 23rd day of August, 2022sy,;; IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of _ ;;;A„;'=_=;� ' Tigard to be affixed. €'. 'r '4'...'i I k° ...'-it--:-:;•01- 1 . Jason B. Snider, Mayor •` s_: -;Y City of Tigard -° ,.- ,u. Attest: :::�.:„--. tJ ::'?:1111R,!-':.1:1 � Vf ' '.. 31'x;. `i� 0 ork ".`iif l Carol Krager, City Recorder - :: " -' awl *- i :v-5--1,4 .,:• § . aai ,".. 9aa.. ,...."..m. ....rif.7.Aad®.d.0.7".5.:-...".... .ummmmm aaiG ap99fi GGaYY9 siunTmmmmmmmoinis amaimaaYaajasoliro i• ,"^2 ,`' .: '..Air4'.Y._`:. � . .. 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Business Meeting Meeting Date: 08/23/2022 Length (in minutes): 5 Minutes Agenda Title: Proclaim September 17-23 as Constitution Week Authored By: Joanne Bengtson Presented By: Steve Rymer Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Longtime city resident Dorothea White has requested a proclamation be issued by the City Council to honor the signing of the Constitution. ACTION REQUESTED The City Council is asked to issue a proclamation honoring this foundational document in creating the United States of America. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations This proclamation has been issued in Tigard every year since 1999 to commemorate the anniversary of the signing of the Constitution. Public Involvement The request for this proclamation came from a Tigard resident. Impacts (Community, Budget, Policies and Plans/Strategic Connection) N/A ALTERNATIVES & RECOMMENDATION The City Council could choose not to issue the proclamation, but city teammates recommend its issuance. ADDITIONAL RESOURCES Attachments Constitution Week Proclamation v.k...�' ',,-.".:;;,;].;:r. -•-•,,,-.."'=•'-i`:.;?S"•V ;r_j..7 :Iti- ..S- :::k it' b.,',1,10:. iSSry k.' {' �.:• 1IM::w:r}E. o ,R.t. ti"'F1,1rF.,,, `�x rr�� 'ey.n.,d,. .�7`� $... T�11kf+ '(r�... -.1`11'" 'gsr., �- Rell u1 ••i�4*c. �I `;� rg. l:!.•., v�EF`.n:c..y... '�.•tr.x� .,�5' �_ �s.+r� n�d1,. .:�k° " �''>kc - "`tee.` .f F� -.' , ;:. :7-', ..!4",;,,, r +i x.:?, fj:e ^.`y: - ii �.E'.- K= '.tti-. CCS �h:i..' ��. ::...'�.:•_;• "q �•�, v. =:= r �.. r #1.0,i.4 . r sssoeea..aeao•ix.•assle�. . '. t.eoeoeooeaQe eael.NafllJ • +J L: AIS-5017 4. Business Meeting Meeting Date: 08/23/2022 Length (in minutes):25 Minutes Agenda Title: Water SDC Rate Study Presentation Authored By: Samantha Rico Presented By: FCS Group Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Consultant will present on the findings of the Water System Development Charge (SDC) study and fee update recommendations. ACTION REQUESTED No Council action is required for this item, Council will receive Water SDC analysis for review and discussion. Staff is seeking direction from Council to prepare for a public hearing and adoption. BACKGROUND INFORMATION System Development Charges (SDCs) are one-time fees charged on new development, and certain types of redevelopment, to help pay for existing and planned infrastructure to serve the development. Under ORS 223.297- 223.314, SDCs may be used for capital improvements for water supply, treatment, and distribution. There are two types of SDCs, an improvement fee and a reimbursement fee, that can be imposed on a property at the time of increased usage of the system or initial connection to the water system. SDCs are an important component of utility management because they help to mitigate the cost of growth in the system and distribute the costs to all applicable parties (current and future users of the water system). The City has historically assessed system development charges, and as a routine business practice, undergoes rate studies to evaluate the inputs and update those SDCs. Council adopted the 2020 Water System Plan on December 8,2020. The 2020 Water System Plan provides recommendations for specific projects for inclusion in the water utility Capital Improvement Program (CIP),including preliminary cost estimates.As a best practice, the projects identified in the Water System Plan are used to form the basis of the analysis. The last SDC study was conducted by the City in 2010, following the 2010 Water System Plan update. Dates of Previous and Potential Future Considerations October 25, 2022—Proposed SDC public hearing and adoption by resolution. Public Involvement Notice of a public hearing was posted on July 18,2022 in accordance with the 90-day notification requirements in ORS guidelines. Impacts (Community, Budget, Policies and Plans/Strategic Connection) SDCs help address the additional demands on the water system created by growth in our community. Collecting water system development charges ensures that existing improvements and future capacity enhancing capital projects are distributed and new growth pays an equitable share. ALTERNATIVES & RECOMMENDATION ADDITIONAL RESOURCES Attachments Water SDC Presentation Water System Development Charge Study Presented to the Tigard City Council Tuesday, August 23, 2022 f , Prepared by FCS Group • FCS GROUP Solutions-Oriented Consulting •:;> Agenda • Background • Calculations • Comparisons FCS GROUP Slide 2 •:;> Agenda • Background • Calculations • Comparisons FCS GROUP Slide 3 ❖> Key Characteristics of SDCs • 0 SDCs are one-time charges, not ongoing rates. Paid at the time of development. SDCs are available for water, wastewater, stormwater, • transportation, and parks. 0 SDCs are for capital only, in both their calculation and in their use. 0 SDCs include both existing and future (planned) infrastructure cost components. c) SDCs are for "system" facilities, not "local" facilities. FCS GROUP Slide 4 ♦:♦> Legal Framework for SDCs ORS 223.297 - 314, known as the SDC Act, provides "a P uniform framework for the • imposition of system p Y - Y development charges b - • • : p p g governmental units" and establishes "that the charges may be used only for capital improvements." FCS GROUP Slide 5 ♦:♦> The SDC Calculation • Reimbursement Improvement System Fee Fee Development Charge Eligible value of Eligible cost of unused capacity planned capacity in existing increasing facilities facilities per unit of demand • • Growth in system Growth in system demand demand FCS GROUP Slide 6 ♦:♦> Current SDCs Meter Size MCEs by Meter Water 5/8" 1.00 $ 10,853 3/4" 1.44 15,631 1" 2.67 28,952 1 1/2" 8.00 86,804 2" 12.99 140,955 3" 22.90 248,567 4" 46.97 509,780 6" 50.00 542,659 8" 80.00 868,251 FCS GROUP Slide 7 •:;> Agenda • Background Calculations • comparisons FCS GROUP Slide 8 ♦:♦> Summary♦ Calculated SDC Cost Basis: Improvement Fee $ 53,662,678 Reimbursement Fee 36,626,578 Total Cost Basis $ 90,289,257 Growth in MCEs 15,872 Improvement Fee per MCE $ 3,381 Reimbursement Fee per MCE 2,308 SDC per MCE $ 5,689 Compliance Fee 284 Total SDC per MCE $ 5,973 FCS GROUP Slide 9 ♦:♦> Growth • Growth to 2040 Growth 2040 Growth Share Water Demand, Max Daily Demand (MGD) 14.67 20.33 5.66 27.84% MCEs 41,138 57,010 15,872 27.84% Source: 2020 Tigard Water System Plan Table 2-8 (2040 MDD); e-mail from Brian Ginter, 07/09/2021 (2020 MDD); customer billing data (2019 MCEs). FCS GROUP Slide 10 ♦:♦ Improvement♦> Fee Cost Eligibility Project Timing Cost Percentage Eligible Cost S-1 LOT Supply Expansion 2026-2030 $ 7,876,000 100% $ 7,876,000 R-1 Reservoir 18 2021-2025 33,557,000 73% 24,608,467 R-2 Reservoir 19 2031-2040 7,552,000 100% 7,552,000 PS-1 Pump Station 8 Rebuild 2021-2025 5,038,000 28% 1,402,611 D-1 SW Burgundy Court Pressure Improvement 2021-2025 243,000 0% - D-2 560E/640 Zone Consolidation 2021-2025 401,000 0% - D-3 560C/560D Zone Consolidation 2021-2025 556,000 0% - D-4 560D/560E Zone Consolidation 2026-2030 506,000 0% - D-5 560F/560G Zone Consolidation 2026-2030 476,000 0% - D-6 560F/530 Zone Consolidation 2026-2030 14,543,500 28% 4,049,002 D-7 560G/560H Zone Consolidation 2026-2030 1,098,000 0% - D-8 560H/560A Zone Consolidation 2026-2030 138,000 28% 38,420 D-9 Pipe Renewal and Replacement Program 2021-2040 84,975,000 28% 23,657,575 P-1 50-year Water Distribution Seismic CIP 2021-2025 155,000 28% 43,153 P-2 ASR Feasibility Study 2021-2025 1,151,000 28% 320,446 P-3 Reservoir 8-1 Structural Analysis/Improvement 2021-2025 1,885,000 0% - P-4 Water System Master Plan 2026-2040 600,000 28% 167,044 P-5 Water Management and Conservation Plan 2026-2040 160,000 0% - 0-2 Reservoir and Pump Station Abandonment Program 2021-2030 888,000 0% - Total $ 161,798,500 $ 69,714,717 Source: 2020 Tigard Water System Plan Table 8-1 (project list);City staff(project costs, eligbility percentages);Email from Brian Ginter(eligibility for project R-1) FCS GROUP Slide 11 ❖> Reimbursement Fee Cost Basis Transmission Supply Storage Pumping &Distribution Total Original Cost $ 36,436,236 $ 33,462,056 $ 13,183,402 $ 80,942,435 $ 164,024,128 Outside Funding - - - 8,916,258 8,916,258 Reimbursable Outstanding Debt 33,709,921 - - - 33,709,921 Original Cost Eligible for Reimbursement $ 2,726,315 $ 33,462,056 $ 13,183,402 $ 72,026,177 $ 121,397,949 Cost-Weighted Capacity for Growth 13% 40% 22% 28% 30% Total Reimbursable Costs $ 344,706 $ 13,288,629 $ 2,940,702 $ 20,052,541 $ 36,626,578 Source: City(original cost, outside funding, and outstanding debt);2020 Tigard Water System Plan, Tables 4-5, 5-4, and 5- 7 (capacity for growth in the supply, storage, and pumping systems);Email from Brian Ginter(capacity in the transmission&distribution system) FCS GROUP Slide 12 ♦:>> Adjustments Adjustments to , DC ost Basis Unadjusted Improvement Fee Cost Basis $ 69,714,717 Improvement Fee Fund Balance ( 16,052,039) Improvement Fee Cost Basis $ 53,662,678 FCS GROUP Slide 13 ♦:♦> Summary♦ Calculated SDC Cost Basis: Improvement Fee $ 53,662,678 Reimbursement Fee 36,626,578 Total Cost Basis $ 90,289,257 Growth in MCEs 15,872 Improvement Fee per MCE $ 3,381 Reimbursement Fee per MCE 2,308 SDC per MCE $ 5,689 Compliance Fee 284 Total SDC per MCE $ 5,973 FCS GROUP Slide 14 ♦:♦> SDC Schedule • Improvement Reimbursement Compliance Calculated Full Meter Size MCEs by Meter F-e Fee Fee SDC 5/8" 1.00 $ 3,381 $ 2,308 $ 284 $ 5,973 3/4" 1.44 4,869 3,324 410 8,603 1" 2.67 9,019 6,156 759 15,934 11/2" 8.00 27,042 18,457 2,275 47,774 2" 12.99 43,911 29,971 3,694 77,576 3" 22.90 77,435 52,852 6,514 136,802 4" 46.97 158,810 108,393 13,360 280,564 6" 50.00 169,053 115,384 14,222 298,659 8" 80.00 270,484 184,614 22,755 477,853 FCS GROUP Slide 15 •:;> Agenda • Background • Calculations • Comparisons FCS GROUP Slide 16 • ❖> SDC Comparisons • Water SDC per SFR Hillsboro $ 13,395 .111 Oregon City 12,643 Wilsonville 10,971 illm Tigard (Current) 10,853 Cornelius 9,449 Beaverton 9,354 Lake Oswego 9,055 Forest Grove 7,208 Newberg 6,444 Tigard (Proposed) 5,973 Tualatin 5,306 Sherwood 4,838 Portland 4,563 MilwaukisMIP 2,041 Source: Survey by FCS GROUP, as of 7/31/2022 FCS GROUP Slide 17 •:;> Next Steps Draft report of study published and posted by August 26th October 25t" Council business meeting Public Hearing and consideration to adopt updates to charges FCS GROUP Slide 18 Thank y ou ! Questions? John Ghilarducci — Principal (425) 336-1865 johngfcsgroup.com www.fcsgroup.com • FCS GROUP Solutions-Oriented Consulting AIS-4993 5. Business Meeting Meeting Date: 08/23/2022 Length (in minutes): 5 Minutes Agenda Title: Frontline Award Discussion Authored By: Cindy Trimp Presented By: Finance Director Cindy Trimp Item Type: Public Hearing Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, a part of the American Rescue Plan Act (ARPA),has provided relief funds to the City of Tigard. The SLRF criteria states that relief funds may be used to provide pay for essential workers. The purpose of the funding is for the those who had the greatest health risks because of their service in critical sectors and meet the specific eligibility criteria may receive a one-time monetary support. Many Tigard teammates continued to serve the community in various capacities throughout the pandemic. The period of April 2020 through November 2021 was a time of great uncertainty when limited information was known about COVID-19 and when risks were highest. It is being recommended that teammates who served our community onsite to ensure continuity of operations during these unprecedented times are recognized and thanked for their contributions. In total, approximately 200 teammates meet the eligibility criteria with the vast majority serving in our Police,Public Works, and Library departments. Eligible full-time teammates will receive a one-time payment of either$3,000 or $1,500 depending on the length of time working onsite during COVID-19. ACTION REQUESTED Adopt resolution providing a frontline recognition award for frontline employees required to work with and around the public. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations Q1 Supplement budget request to formally appropriate the use ARPA funds for this purpose is forthcoming. Impacts (Community, Budget, Policies and Plans/Strategic Connection) Budget impact not to exceed $700,000 of ARPA Funds ALTERNATIVES & RECOMMENDATION Council could choose not to utilize ARPA funds to recognize teammates working onsite during the early phases of the COVID-19 pandemic. It is recommended that City Council award recognitions funds for these frontline teammates that worked onsite to ensure service provision through the first years of the COVID-19 pandemic. ADDITIONAL RESOURCES Fiscal Impact Cost: Not to exceed $700K Budgeted (yes or no): No Where Budgeted (department/program): Multiple Departments Additional Fiscal Notes: Q1 Supplemental request to use ARPA funds will follow. Attachments Frontline Award Resolution Frontline Award Summary Frontline Recognitions CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 22- A RESOLUTION OF THE CITY OF TIGARD PROVIDING A FRONTLINE RECOGNTION AWARD FOR EMPLOYEES REQUIRED TO WORK DIRECTLY WITH AND AROUND THE PUBLIC. WHEREAS, the city recognizes that the COVID-19 State and Local Fiscal Recovery Funds (SLFRF) program, a part of the American Rescue Plan,has provided relief funds to the city of Tigard. WHEREAS, the city recognizes the relief funds may be used to provide premium pay for essential workers, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors. WHEREAS, the city recognizes that during the period of 04/01/2020 — 11/30/2021, frontline employees at a high risk of contracting COVID-19 met the criteria of having a health risk. WHEREAS, the city recognizes that during the period of 04/01/2020 -- 11/30/2021, frontline employees'job duties required them to work directly with the public during the height of the coronavirus pandemic. WHEREAS, the city recognizes that frontline employees were not required to obtain the coronavirus vaccine until November 2021. WHEREAS, the City Council wishes to set a one-time monetary recognition to eligible employees meeting specific criteria during the first pay period of September 2022. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The council sets a one-time monetary recognition to eligible employees meeting specific criteria during the first pay period of September 2022. SECTION 2: The city will request a budget supplemental to use ARPA funds before the City Council in August of 2022. SECTION 3: The resolution is effective July 28,2022. PASSED: This day of 2022. Mayor- City of Tigard A'1"1'hST: RESOLUTION NO. 22- Page 1 City Recorder-City of Tigard RESOLUTION NO. 22- Page 2 Number of eligible employees by Department and Category Central City Community Services Management Development Finance&IT Library Police Public Works Total Category A 7 2 11 6 35 73 41 175 Category B 7 0 0 2 8 6 4 27 Total 14 2 11 8 43 79 45 202 Total Fiscal Impact $ 692,036 II City of Tigard a Memorandum To: The Honorable Mayor Snider and City Councilors From: Cindy Trimp, Finance Director Re: Frontline Recognitions Date: August 18, 2022 At the City Council—Business Meeting on August 23, 2022,you will consider a resolution regarding Frontline Awards intended to recognize Tigard teammates who served the community onsite during the early period of the pandemic,when limited information was known about COVID-19 and when risks were the highest,prior to November 2021. While many Tigard teammates went above and beyond in their duties during this period, this recognition is intended for teammates who were on the front line serving the public because their positions required it. The Leadership Team spent considerable time developing and refining the eligibility criteria to ensure it complied with the intent of the ARPA funds and recognized deserving teammates. The criteria were also presented to our union leadership to receive their input and answer program eligibility questions. Program eligibility is divided into Category A and Category B as follows. Eligibility Period: March 2020—November 2021 (coincide with vaccine mandate) Teammates are eligible to receive one award,in either Category A or B. FTE Proration Amount of Award— Category A Amount of Award— Category B > .75 FTE (Full) $3,000 $1,500 <.75 FTE (Half) $1,500 $750 Eligibility Criteria - Category A Eligibility Criteria - Category B *Actively onsite;AND *Actively onsite;AND *Working with the public;AND *Working with the public;AND * One or more full months during the eligibility period prior * One or more full months during the eligibility period prior to December 1, 2020;AND to December 1, 2021;AND *Line-staff through Supervisor level employee;AND *Line-staff through Supervisor level employee;AND * Onsite was required due to the nature of the work;AND * Onsite was required due to the nature of the work;AND * Onsite requirement was regular and reoccurring,BUT * Onsite requirement was regular and reoccurring,BUT * Onsite requirement need not be daily;AND * Onsite requirement need not be daily; AND * Onsite requirement continued through the end of Nov * Onsite requirement continued through the end of Nov 2021;AND 2021;AND * Employee was continuously employed by the City of Tigard * Employee was continuously employed by the City of through the pay period in which recognition is paid;AND Tigard through the pay period in which recognition is paid; AND * Active employee status during the pay period in which it is * Active employee status during the pay period in which it is paid paid AIS-5001 6. Business Meeting Meeting Date: 08/23/2022 Length (in minutes):25 Minutes Agenda Title: Briefing on Safe Spaces Project Authored By: Schuyler Warren Presented By: Schuyler Warren, Senior Planner Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Provide a briefing to Council on the Safe Spaces project, to provide clear standards for shelter and transitional housing siting and design. ACTION REQUESTED No specific action is requested at this time. City teammates will be sharing background on this project, the results of a community survey, and seeking any Council feedback as the project gets underway. BACKGROUND INFORMATION The Metro region is suffering from a prolonged and severe shortage of affordable housing options that is driving an increase in the number of unhoused residents. The need for increased resources, services and housing has prompted Metro-area voters to approve two funding measures - an affordable housing bond and a supportive housing services measure. Together, these measures are intended to increase housing supply and provide shelter and services to help transition unhoused residents into permanent housing. The region is not alone in facing this issue,which is impacting cities across the country and the state. Adding to this challenge is that siting affordable housing development and shelter operations can be time-consuming and difficult. One of the factors in this difficulty is that many local regulations are complex and overly discretionary. Further, as new models of transitional housing and shelter are deployed local, many local codes have not kept pace,with no clear approval process or standards to apply to these situations. The lack of shelter options and a clear pathway to approval prompted the Oregon Legislative Assembly to adopt House Bill 2001,which temporarily pre-empted all local land use for shelter siting until June 30, 2022. Although that pre-emption has expired,it is in the city's best interest to update its code to provide an improved approval pathway for shelter and transitional housing,particularly as the supportive housing services work moves into the next phase of siting new shelters across the County. City teammates have begun this work as the Safe Spaces Project. What are Safe Spaces? Safe Spaces, sometimes called transitional housing, can help stabilize people suffering from the trauma of being unhoused,provide them with centralized care and services, and build a sense of community and stewardship that can carry over into permanent housing opportunities and increase the success of housing placements. Some examples of Safe Spaces include: •Safe campgrounds—Managed locations that include sanitation facilities where unhoused people living in tents can temporarily locate to remain safe,receive services and care, and connect with case managers who can help them transition to safe villages or permanent housing. •Safe lots—Managed parking lots that include sanitation facilities where unhoused people living in their vehicles can park overnight to remain safe, receive services and care, and connect with case managers who can help them transition to safe villages or permanent housing. •Safe villages—Managed locations where people transitioning from being unhoused occupy small housing units that most often include shared common facilities. •Mass shelter—Severe weather and overnight shelters where unhoused people are given safe places to sleep,typically in shared open areas with little private space. These spaces are typically operated by coalitions of non-profits supported by government agencies. As we learn more about trauma-informed approaches to transitioning people into permanent housing, alternatives to mass shelter are gaining favor. There are several regional examples of these alternatives, such as the Kenton Women's Village and Dignity Village in Portland, and the Clackamas Veterans Village in Clackamas County. Eugene has also been a pioneer in providing safe locations for unhoused people to locate while they await permanent housing,with Opportunity Village, Emerald Village, Everyone Village, and the Rest Stops program. Roadmap City teammates have begun the process of engaging with the community on this work to better understand the questions and concerns that may arise. We are particularly interested in understanding the answer to three questions: •Location-Where should Safe Spaces be allowed in the city? •Design-What should the physical layout of Safe Spaces look like? •Operation- How should Safe Spaces be managed? The answers to these questions will be informed by an online community survey available from July 7 to August 1. The results of this survey will be shared with Council during this presentation. The city team will also be coordinating with the CHART committee as well as non-profit and regional partners managing the supportive housing services measure. Finally,we are also informed by significant academic work published by Portland State University,which examined best practices for design and operation of these types of shelter. Based on this and other feedback, city teammates will be returning to Council this winter with a proposal for code amendments to provide clear standards and regulatory frameworks for Safe Spaces. Dates of Previous and Potential Future Considerations Presentation on Safe Lots - 1/21/20 Public Involvement Safe Spaces Survey- open 7/7/22 to 8/1/22 Impacts (Community, Budget, Policies and Plans/Strategic Connection) •Community This project is intended to assess community impacts of Safe Spaces and address those externalities through a regulatory framework. •Budget There are not likely to be budget impacts other than staff time for managing the code package project. •Plans and Policies The work is in alignment with Council Goal 1, the 2021 Tigard Housing Needs Analysis,the Affordable Housing Plan, and various adopted regional plans, measures, and policies. ALTERNATIVES & RECOMMENDATION No alternatives to present at this time. ADDITIONAL RESOURCES Attachments Presentation vr 15, Aer -9 f fit. ••- ". -.1, - 7 if 4 . -. r • CITY OFiti ",... - '..Z..- g•(411‘' - .' ' • ' - `r ► ,< 1111 '',•!''...4,4," `. • Tigard • . .. ., _ . "2...„.. ,I ___ ' .__ iliv.. 100,..._ . ...„,.0.4. . ,, r,.,, ,..4fr. , _ ii.... ..,,, ,.,„.:::,..7. , ,..'1.. ..., .. .. . ..:.,' ._41' -....• 74114ip',.. ..!'..-tl.-'. iii'. Y .t. �� h^tet 5 A.-..,-_.4 , to _ 1....._. - e r.ie/Ylt, -• a�s. .•� .l,a Tigard Safe _ - G .'" :: 4k, ti : • Project Briefing4.01=,.. POLICE4. . . • .�=.00 OikL- . � .. City Council . August 23, 2022 ,:..,_4„,. ..0.-,...; 1.4 . ,.. • r lie.: _ as i ys - ' �+�1 - • �.I _ ,.. j r - sir ;"6 - r r .. ` .-i- • 7,,....-._ �.% " ' �. 1� -. .. g Ai, y�e ,t . si �(` *' -- i er T I CITY g a d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Are Safe Spaces? • Transitional shelter options for unhoused people and families • Places for awaiting permanent housing placement • Can take many forms o Safe Lots o Safe Campgrounds o Tiny Home Villages • Not considered mass shelter — individual units li_ TiCITY OF The 5 E's - Tigard's Community Promise: gard Equity • Environment • Economy • Engagement • Excellence Why Are Safe Spaces Important? • Provide a place to recover from trauma of being unhoused • Can stabilize people in communities • Centralize the provision of services • Provide on-site support and case management • Alleviate the creation of unsanctioned campgrounds • Provide dignity and a step up to unhoused • Aid in transition to permanent housing TiojTaid oThi The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Who p Operates Safe S aces? • Can be any combination of: o Supportive housing providers o Government agencies o Faith - based institutions o Resident coalitions a Others eliLq I CITY p � a d The 5 E's - Tigard's Community Promise: g Equity • Environment • Economy • Engagement • Excellence imp What Do Safe Spaces Look Like ? , ,,....,.. ,,,, ,,..-.-7 :'`4, !,, it - . ' -..1' -- . (.7-,,... -- .H1 ,--..... ...,4::: :.-..,7"..J..,•-1. - • ..,,,,, ir.,„ ,.„....,.. ,.. .. y Safe Lot - 2 , ,, g„. .., Seattle WA „_. 0 .,... „ '�- • ` ��I 411114i: ` /T Y f '^ _, -....„: -,--7 _ J Tiny Home Village 4 _ a Safe Campground - ham. _. Olympia, WA Sausalito, CA Y - _r 1, �` yrs -�JR--C .. TidTaidThe 5 E's - Tigard's Community Promise: 111' Equity • Environment • Economy • Engagement • Excellence What Are We Seeking to Achieve? • Understand the community's questions and concerns • Collect information on best practices • Discuss the need with non - profit, agency partners • Provide a clear pathway to approval of safe spaces • Support city and regional efforts to house the unhoused er T I CITY g a d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Should We Consider in AdoptingRegulations? • Location - where Safe Spaces are allowed in the city • Design - the physical layout of Safe Spaces • Operation - how Safe Spaces are managed TiojTaid The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence imp How Are We Engaging with the Community • Safe Space Survey on Engage Tigard from July 8 to 31 • Promoted on social media, Cityscape, website • 125 responses received • Focused on the three main questions: o Location o Design o Operation TiojTaid oThi The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Who Did We Hear From? • 97.6% live or work in Tigard, 2/3 both live and work • Mostly homeowners — 85% • 2/3 are 40 or over • Over 75% identify as white • 45% have household income of 100K+, only 12% have 50K or less I CITY t MI; 1g a dThe 5 E's - Tigard's Community Promise: VIPEquity • Environment • Economy • Engagement • Excellence What Did We Hear? • Design o Transit proximity most important factor o Proximity to schools is the second highest factor o Other factors suggested: Services Environmentally sensitive lands o Concern and fear about impact on neighborhoods o Interest in underutilized parking lots and commercial spaces • CITY g a iMtT I d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Did We Hear? • Design o Top factor - distance from property line o Second factor - buffers o Other factors suggested: Sanitation / cleanliness Pride of place Minimize seclusion / avoid crime Gardens / healing spaces er Ti, ,,d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Did We Hear? • Management o Top factor — on -site management o Second factor — on site services o Third factor — good neighbor agreement o Other factors suggested : Zero tolerance for drug use Safety Self-governance structure er T I g CITY a d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Is the Takeaway? • Tigard wants to see people permanently housed • There are widely ranging opinions on safe spaces • Responses are similar to those from other communities • Lots of empathy / support / concern • Also lots of fear of the unknown / concern for livability ti=1; TiodTaidThe 5 E's - Tigard's Community Promise: IP' Equity • Environment • Economy • Engagement • Excellence What Are the Next Steps? • Continue community engagement through CHART • Engage with County Supportive Housing Services team • Draft code language to provide appropriate standards • Bring proposal to Planning Commission and Council CITY OFd The 5 E's - Tigard's Community Promise: er Tigar Equity • Environment • Economy • Engagement • Excellence In the Meantime. . . • State law pre-empts local land use for all shelter operations. • Adopted in 2020 special session, sunset after 90 days. (HB4212) • Renewed, expanded, and extended to June 30, 2022 in 2021 regular session. (HB2006) • Sunset period once again extended in 2022 special session as part of housing omnibus bill (HB4051 ) • Earliest date we will have land use authority is July 1 , 2023 .1„,1 Irp f 4 4 _. ..., ...„._ • Discussion andQ uestions ..,• .. Thankyou - 4 ii fI • 1 r� ' • i -- • lani llk filet ` tib{ ,r II 4 • '• +f i1. r , �� ..2:& '■ " 1 di IF?r4:4 . FA .•11:.....4.6: . . •rr 1:.t. I .4e. .6. 1r. .'-. ' • ... . ' • r . ., • . ii. ... • fg.,-Fr•..;,,-• ip rn PI'r li er4I irr:' :.liT.': II re"' :e1.11 . . _WI -- . --. ' -prIL` .'� •. „ f M .r• ' * 0 Ir r • CITY OF INIWipp .1 r . Tigard AIS-5005 7. Business Meeting Meeting Date: 08/23/2022 Length (in minutes): 15 Minutes Agenda Title: Public Hearing and Addition of Projects to Attachment A of the Metro Local Share IGA Authored By: Rick Gruen Presented By: Shasta Billings-Beck and Rick Gruen Item Type: Motion Requested Resolution Public Hearing Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The Reservoir 18 project is being constructed on the Sunrise Park property, requiring reallocation of local share funded projects under the 2007 Natural Areas Local Share IGA between the City of Tigard and Metro. The purpose of this item is to hold a public hearing to consider the project alternatives, adopt findings required by the IGA, and add these projects to Attachment A of the IGA for concurrence by Metro. ACTION REQUESTED Hold a public hearing on the Sunrise project alternatives, adopt findings, and approve the resolution adding projects to Attachment A of the 2007 Natural Areas Local Share IGA. The projects are identified as: P1 - River Terrace Town Center Community Park Phase 1;P2 - Sunrise Lane Trail Improvement; and P3—Westside Trail/Upper Powerline Planning. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations Sunrise Park property was purchased for$5 million dollars in 2010 using City of Tigard Park Bond funds which included $400,000 of 2006 Metro Natural Areas Local Share Program funds provided by Washington County. With the Sunrise Park property being the preferred alternative for siting and constructing Reservoir 18,Metro has advised the City that non-de minimis impact mitigation would be required consistent with the terms and conditions of the IGA. The following mitigation options were considered: 1.Buy out Metro's 8%interest. 2.Divide a portion of the property (1.15 acres) via deed transfer to Metro and agree to maintain the property for Metro. 3. Identify alternative park/trail projects in the City commensurate to Metro's 8%interest in the Sunrise property based on current market value. Option 3 was ultimately considered the most viable option. Metro has indicated support of the City's proposed alternative projects and has provided written confirmation of its agreement with the process to add these projects to Attachment A of the IGA to make them eligible for expenditure of local share funds. Public Involvement These projects are consistent with the vision and goals of the recently adopted 2022 Parks and Recreation System Plan which included extensive public engagement. Impacts (Community, Budget, Policies and Plans/Strategic Connection) The identified projects will help advance the City's commitment to equity and access to parks, trails, and nature,while also meeting the original intent of Washington County in committing their$400,000 of local share funds to the City of Tigard for the Sunrise property acquisition, and Metro's regional parks and trails mission. These projects will improve trail connectivity, enhance west side park development and expand the regional Westside Trail.The following projects show associated in-kind project values assigned to meet Metro's current market value interest of$483,200 (8% of the market value appraisal) for the Sunrise property: •P1. River Terrace Town Center Community Park, Phase 1 —will establish a Westside Trail connection from Roy Rogers Rd to River Terrace Blvd. The estimated cost for Phase 1 of this project (land acquisition,green space improvements and trail development) is $1.1 million dollars. Allocation (credit) of local share dollars - $320,000 •P2. Sunrise Lane Trail Improvement—will establish a hard surface trail connection from where the existing asphalt trail terminates by extending northward to SW Mistletoe Drive. Project will include design/engineering and construction of the approximate 85-foot asphalt trail segment. Allocation (credit) of local share dollars - $30,000 •P3.Upper Powerline Westside Trail Planning—Scope of work will include the planning, designing and engineering of a Westside Trail segment under the power line extending from SW Mistletoe Drive southward to the existing City boundary line, approximately 550 feet.Allocation (credit) of local share dollars - $133,200 ALTERNATIVES & RECOMMENDATION Council can request to consider other project alternatives or to not modify the project list. Both of these alternatives will increase risk (time and cost) in moving forward with the Reservoir 18 project. ADDITIONAL RESOURCES Attachments Project Alternatives Map Resolution - 2006 Metro Natural Areas Program IGA Addendum Attachment A-Local Share Alternative Projects List Council Presentation • • Vicinity Map," — '= = _ �— �.# 4 rs f . ,� � ,�,sa.� :. i Local Share •I.. 0 r I g i ar ,• � - k, - �� 1, � . , ... 4.•• Project �� . '`1 : :F �* • f'..' `�kmor + � •S , ' ., City of Tigard, Oregon 1 '' y' mow,.r•� ' t 1 y ... .. 1. ,- ii . . ...1 • ! yaila. ., , ",..,• it • Orr ...._ • . +^F 49 IV + * ''* k)414 61110-..7 Unimproved Right of Way Tuaio lin _, • 1.4" . ... . _. .• .,4 •-. -LA. .L.4.,•- •,--- •'" * I "S .... . Ildi ti 1 i y i 1011111 111 11. . .•i . . • * r't a i'. + 1 -is.• Fy • 1t'' a - :4 - r t ,k_� P� r•. , � -- Y - { •P'�}-4 Or, 4- ..ion b A, . __a4 ■ 7 ' p • •,_... r .. . t #, --."- -ro x ; Mi. 4.•• . 1.wi' i t • —4i F La irtr ..<1.' - . - \Ili e • ..1 _ -Iir IL. ill ' sh, C._4- 411 : :. "a' ••••• .21 .„4,„ 44- , i it • LI. _ . it.. im . t -11 ' 14 A a. 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' . . i P..• r-% 6- 11 i. fir 41 �' ' , - ' * + �• — ; • t'•� - • Da_accu rderived a ciescic ufrom multiple sources.o The City of Tigard ' • makes nowarranty,representation,or guarantee as to it/ - \b.'''. iii. .4 _ V the content,a acy,timeliness or mpleteness of any } sem' /• of the data provided herein.The City of Tigard shall • • {- ,--. 1 o liability for any err rs missions,o i '�' ti ` ■ , ,k+ • TT • 11 — iolii r n the information provided regardless of -Iti. 44 I.oak y- I now caused. 441IffiN -` f � },, y ...# . ' "1.1;4 ' • ..: IC Ilir 4 � l'• rrt, ;h {' /� • + r.f' y F . 11 Y • %At • ,� i" • ' 4111111. y 1 4 Scale: 0.14 Miles 14 Ali i t T +l, f f City of Tigard • 1 w - ra. k11=3 % .S a•' 1 ►• .. F y ��! * ' F. J. � * • ., • 13125 SW Hall Blvd • • '• �y 46., Y ti 14, Tigard, OR 97223 �. • ' T Iw `M1 • :�i , , , 'ter Y ! • r �{ Fr Map Created: (503) 639-4171 T I G AAD L 1- • _ .. . �._ * � � -.ALA- ..- 06/21/2022 www.tigard-or.gov Daniel Plaza - Metro Bond Measure$ IGA RES 06-03.df Page 1 Attachment 2 CITY OF TIGARD,OREGON RESOLUTION NO.06-d3 A RESOLUTION APPROVING THE SUBMITTAL OF THE CITY OF TIGARD'S PROPOSED GREENSPACE.AND TRAM PROJECTS FOR INCLUSION IN METRO'S NATURAL AREAS BOND MEASURE 2006 - -_ - - - ;Mery Connell proposes-to-gulawrit-totit wriarli of the disirict the-gno0Mn of'ca�atix��ng a general obligation bond indebtedness of$220 million;and 'WHEREAS,approximately$165 million will be used by Motto•for aequithtion of regionally signiecant river and stream corxidois,headwaters,wildlife areas,other natural areas and trail corridors;and WHEREAS,approximately$44 million will be availa}'ile to local park providers;and WHEREAS, the City of Tigas:d.'s estimated pro rata share of the local park provider funding is • $1,326,780;and WHEREAS,the City of Tigard is cwnentiy working to acquire park and gtmuway property inside the Tigard city limits and=ban services area;and . WHERAS,the City of Tigard has developed a Not of potential park and greenwap acquisition properties and is currently negotiating with property owners;and WHEREAS, the City of'Tigard plans to use in share of the bond revenues to match park system development charge(SDC)funds;and WHEREAS,the City of Awes list of potential projects must be approved by the City Council and delieveied to Metro no later than March 1,2006;and WHEREAS,the Tigard Park and Recreation Advisory Board has reviewed and approved the potential projects at theirJanuary 9,2006,meeting and WHEREAS,the measure will be placed on the November 7,2006,ballot NOW,ThEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1. The City of Tigard supports Metro's net,+ml area bond me:sure 2006. SECTION 2. The City of Tigard recommends following two projects be funded from Metro's $165 million share of the bond revenues allocated for acquisition of regionally sigrii&wnt river and stream con idnrs,headwaters,wildlife areas,other natural areas and tail corridors: ■ Construction of a new 1,600-foot segment of the Porno Creek Trail on property currently owned by Metro and operated by the City of Tigard. RESOLUTION NO.06-O3 Page I Daniel Plaza-Metra Bond Measure$IGA RES 06-03.pdf Page 2 ' " Acquisition of pnck/greeuway/and 1ocatal in the Regional Panno Creek Greenway. SECTION 3. The City of Tigard declares its pottion of the$44 t aillion will be used to purchase properties identified in the list of potential park and greCnway acquisitions cutrei4 being negotiated with psopexty owners. SECTION 4. The City of Tigard requests Metro award Tigard lc esI pnrlc.provider,fuadisrg beyond its pro sate share,which would allow the city to leverage more SDC s4+=hingfunda. SECTION 5. This resolution.is eve itnmedistely upon.passage PASSED: This 'J dh day ofJ 2006. di 4r`a^ ay -City of'flgatd ATTEST: • f city Itecosdsr-City of Tigard RESOLUTION NO.06- 03 - Page 2 Daniel Plaza- Metro Bond Measure$ IGA.pdf • _ Page 1 l ' r Project: Natural Areas Local Share Program Contract No.A77849 INTERGOVERNMENTA LAGREEMENT Natural Areas Bond Measure Local Share Component This Intergovemmenta I Agreement (hereinafter the"Agreement"), entered into under the provisions of ORS chapter 190 and effective on the date the Agreement is fully executed (the "Effective Date"), is by and between Metro, a metropolitan service district organized under the laws of the state of Oregon and the Metro Charter, located at600 N.E. Grand Avenue, Portland, Oregon 97232-2736, and the City of Tigard, located at 13125 SW Hall Boulevard, Tigard, Oregon 97223 (hereinafter referred to as the"Local Share Partner"), and shall remain in full force and effect for the period from April 1,2007, until June 30,2027. RECITALS WHEREAS, the electors of Metro approved Ballot Measure 26-80 on November 7,2006, authorizing Metro to issue$227.4 million in bonds to preserve natural areas, clean water, and protect fish and wildlife (the "Measure"); and WHEREAS, the Measure provided that$44 million from bond proceeds be expended by local parks providers for specified projects; and WHEREAS, the Local Share Partner is a local government jurisdiction who has received approval for funding for projects as specified in the Measure; and WHEREAS, Metro and the Local Share Partner desire to enter into this Agreement to provide for funding of the Local Share Partner's projects subject to terms and conditions as provided for in the Measure; NOW THEREFORE, the parties agree as follows: 1. Declaration of Projects Metro hereby approves the project proposals described in the "Local Share Project List," attached hereto as Attachment A to this Agreement (each individual proposal on the Local Share Project List is referred to hereinafter as a "Project"), and Metro authorizes the Local Share Partner to proceed with Projects on the Local Share Project List in accordance with Attachment A.All real property interests acquired pursuant to this Agreement shall be Daniel Plaza-Metro Bond Measure$IGA.pdf Page 2 held in the name of the Local Share Partner. 2. Funding Metro's financial obligation under this Ag reement is limited to $ 1,405,716. Payment of funds by Metro to the Local Share Partner is subject to the procedures set forth in the"Procedures for Payment of Funds By Metro," attached hereto as Attachment B to this Agreement. 3. Funding Limitations A. The sole purpose of this Agreement is to implement the Measure by funding Projects on the Local Share Project List. Except as described in Section 4 with respect to Metro's provision of property acquisition technical services, Metro shall have no obligations under this Agreement other than for the payment of funds pursuant to the procedures described in Attachment B to this Agreement. B. Except as described in Section 4 with respect to Metro's provision of property acquisition technical services, Metro shall have no supervisory responsibility regarding any aspect of any Project and Metro neither intends nor accepts any direct involvement in any Project that can or could be construed to result in supervisory responsibility during the course of the Project. Upon completion of a Project and payment of funds,as provided for in Attachment B,Metro shall have no further obligations. C. The Local Share Partner shall comply with this Agreement, the provisions of the Measure, and the Local Share Guidelines attached as Attachment C to this Agreement. D. Metro shall not be obligated to make any payments or reimbursements pursuant to this Agreement that were incurred by the Local Share Partner prior to the Effective Date of this Agreement. E. Metro shall not reimburse the Local Share Partner for any administrative costs, including staff,overhead and indirect costs,in excess of ten percent (10%)of the cost of a Project. 4. Land Acquisitions Technical Assistance Provided that the Local Share Partner agrees to the terms of a separate "Land Acquisition Services" intergovernmenta I agreement ("IGA")with Metro substantially similar to the IGA attached as Attachment D to this Agreement prior to April 1,2007,Metro shall provide the Local Share Partner with technical assistance regarding real estate negotiation and Page 2 i Daniel Plaza -Metro Bond Measure$IGA.pdf Page 31 related due diligence services for any Project that calls for real property acquisiti ons. Metro shall provide such technical assistance as provided in such Land Acquisition Services IGA and subject to the availability of Metro staff and resources as determined by Metro at its sole discretion. Metro's obligation to provide such technical services pursuant to such Land Acquisition Services IGA may be extended beyond the initial term of such IGA with the mutual written consent of Metro and the Local Share Partner. 5. Projects Not on the Local Share Project List The Local Share Partner may substitute a different Project for a Project described in Attachment A,or may add a new Project, only if the following conditions are met: A. The Local Share Partners, through its governing body, finds that one or more of the Projects described in Attachment A have become degraded, are cost prohibitive, or are otherwise unfeasible, or that a Project can be accomplished for less funds than estimated, thereby making such savings available for use in a new Project; B. The Local Share Partner, through its goveming body,shall conduct a public process, including holding a public meeting in accord with its adopted public meeting procedures, and determine the substitute or new Project consistent with the provisions of the Measure and Attachment C (this provision may be satisfied during the course of the Local Share Partner's capital improvement plan or budgeting process); and C. The substitute or new Project is subject to admin ist rative approval by Metro's Regional Parks and Greenspaces Department Director, and such approval shall not be unreasonably withheld. 6. Increasina Spending on a Project on the Local Share Project List The Local Share Partner may spend more on a Project than the Project cost described in Attachment A only if the following conditions are met: A. The Local Share Partner, through its governing body,finds that the Project described in Attachment A will cost more than anticipa ted, but that it rennins a priority Project; B. The Local Share Partner, through its governing body,shall conduct a public process, including holding a public meeting in acco rd with its adopted public Page Daniel Plaza-Metro Band Measure$1GA.pdf Page 4 meeting procedures,and determine that increasing the allocated spending on the Project is consistent with the provisions of the Measure and Attachment C (this provision may be satisfied during the course of the Local Share Partner's capital improvement or plan budgeting process); and C. The increase in spending on the Project is subject to administrative approval by Metro's Regional Parks and Greenspaces Department Director, and such approval shall not be unreasonably withheld. 7. Term Metro's obligation to provide funds pursuant to this Agreement shall terminate March 31, 2012,and all other provisions of this Agreement shall terminate on June 30,2027. Itis the intent of the parties for the Local Share Partner to have completed the Project, and for all Metro funding obligated under this Agreement to have been paid,prior to March 31,2012. Metro's obligation to provide funds may be extended by mutual written consent of Metro and the Local Share Partner. The provisions of Sections 8,9,10 and 11 shall continue in effect after the Local Share Partner's completion of any Project pursuant to this Agreement. 8. Limitations on Use of Pror)erty A. Acquired Real Property and Associated Buildings and Improvements. All real property acquired by the Local Share Partner with funding provided by Metro pursuant to this Agreement shall be maintained as parks, open space, natural areas, or trails. The Local Share Partner may not sell or otherwise authorize use of such property pursuant to this Agreement in a manner inconsistent with the intended and stated purposes of the Measure,that is,for a use other than as parks,open space, natural areas, trails or other uses associated with use of such property as parks, open space, natural areas or trails (e.g., when a de minimis portion of such property is required to be put to another use,such as fora road dedication, as part of a land use review proceeding initiated to use the overall property consistent with the intended and stated purposes of the Measure), unless the Local Share Partner complies with all of the following conditions: (1) The Local Share Partner's decision to sell or use the property in a manner inconsistent with the intended and stated purposes of the Measure is the result of unforeseen circumstances; Page Daniel Plaza -Metro Bond Measure$IGA.pdf Page 5� (2) The Local Share Partner's intent, at the time it purchased the property, was to use it in a manner consistent with the intended and stated purposes of the Measure, that is,for a use as a park,open space, natural area, or trail; (3) The Local Share Partner provides Metro 180 days advance written notice of its intent to authorize the change in use or the sale of the property to a third party; (4) The Local Share Partner holds at least one public hearing regarding the ratter, consistent with its adopted public meetin g procedures, prior to making a final decision to sell or change the use of the property, and adopts a resolution or ordinance that includes findings that the conditions in subsections 8(A)(1)through (4)of this Agreement have been satisfied and that the Local Share Partner has satisfied or will satisfy its obligations as described in subsections 8(A)(5)and (6)of this Agreement; (5) Metro has approved the Local Share Partner's determination of the appraisal value of the property pursuant to the following steps: i. At least 90 days prior to making a final decision to change the use of,or sell, the property, the Local Share Partner shall provide Metro with an independent MAI appraisal of the fair market value of the property assuming that the property was subject to the same use restrictions as were in place at the time the Local Share Partner purchased the property. Such appraisal shall not be subject to any other extraordinary assumptions; and ii. Not later than 60 days after receiving the appraisal obtained by the Local Share Partner, Metro shall inform the Local Share Partner whether Metro has approved the appraisa I, which decision shall be made in good faith and based on whether the appraisal is complete and reasonable. Metro's review shall include having the appraisal reviewed by a review appraiser hired by Metro to conduct a review in accordance with USPAP and general appraisal standards. If Metro does not approve the appraisal, then Metro shall inform the Local Share Partner the reasons for not approving the appraisal and the Local Share Partne r may resubmit a revised appraisal Page Daniel Plaza- Metro Bond Measure$ IGA.pdf Page 6 to Metro pursuant to subsection 8(A)(5)(i)of this Agreement; and (6) Within 180 days after selling the property or authorizing the change in use of the property, the Local Share Partner shall apply toward completion of a Project listed on Attachme nt A,or a substitute Project selected consistent with the provisions of Section 5 of this Agreement, an amount equal to the greater of either (a)the appraisal value of the property, as determined pursuant to subsection 8(A)(5)of this Agreement, or(b)the amount of Measure funding that Metro provided to the Local Share Partner to purchase the property. B. Construction of Buildings or Other Improvements. All buildings and other improvements constructed by the Local Share Partner using funding provided by Metro pursuant to this Agreement shall be maintained for use in conjunction with parks,open space, natural areas, or trails. The Local Share Partner may not sell or otherwise authorize use of such buildings or improvements pursuant to this Agreement in a manner inconsistent with the intended and stated purposes of the Measure, that is,for a use other than in conjuncti on with parks, open space, natural areas, or trails,unless it complies with all of the following conditions: (1) The Local Share Partner's decision to sell or use such buildings or improvements in a manner inconsistent with the intended and stated purposes of the Measure is the result of unforeseen circumstances; (2) The Local Share Partner's intent, at the time it constructed such buildings or improvements, was to use them in a manner consistent with the intended and stated purposes of the Measure, that is, for a use in conjunction with a park, open space, natural area, or trail; (3) The Local Share Partner provides Metro 180 days advance written notice of its intent to authorize the change in use or the sale of such buildings or improvements to a third party; (4) The Local Share Partner holds at least one public hearing regarding the matter, consistent with its adopted public meetin g procedures, prior to making a final decision to sell or change the use of such buildings or Page 6 Daniel Plaza- Metro Bond Measure$ IGA.pdf -— Pale_ 7� improvements, and adopts a resolution or ordinance that includes findings that the conditions in subsections 8(B)(1)through (4)of this Agreement have been satisfied and that the Local Share Partner has satisfied or will satisfy its obligations as described in subsections 8(B)(5)and (6)of this Agreement; (5) Metro has approved the Local Share Partner's determination of the appraisal value of such buildings or improvements pursuant to the following steps: i. At least 90 days prior to making a fi nal decision to sell or change the use of such buildings or improvements, the Local Share Partner shall provide Metro with an independent MAI appraisal of the fair market value of such buildings or improvements. Such appraisal shall not be subject to any extraordinary assumptions; and ii. Not later than 60 days after receiving the apprai sal obtained by the Local Share Partner, Metro shall inform the Local Share Partner whether Metro has approved the appraisal,which decision shall be made in good faith and based on whether the appraisal is complete and reasonable. Metro's review shall include having the appraisal reviewed by a review appraiser hired by Metro to conduct a review in accordance with USPAP and general appraisal standards. If Metro does not approve the appraisal, then Metro shall inform the Local Share Partner the reasons for not approving the appraisal and the Local Share Partner may resubmit a revi sed appraisal to Metro pursuant to subsection 8(B)(5)(i) of this Agreement; and (6) Within 180 days after selling such buildings or improvements or authorizing the change in use of such buildings or improvements, the Local Share Partner shall apply toward completion of a Project listed on Attachment A,or a substitute Project selected consistent with the provisions of Section 5 of this Agreement, an amount equal to the greater of either (a)the appraisal value of such buildings or improvements, as determined pursuant to subsection 8(B)(5) of this Agreement, or(b)the amount of Measure funding that Metro provided to the Local Share Partner to construct such buildings or improvements. Page 7 Daniel Plaza - Metro Bond Measure$IGA.pdf _ Page 81 improvements. 9. Oregon Constitution and Tax Exempt Bond Covenants The Local Share Partner acknowledges that Metro's source of funds for this Program is fromthe sale of voter-approved general obligation bonds that are to be repaid using ad valorem property taxes exempt from the limitations of Article XI, sections 11,11 b,11 c, 11d,and 11 a of the Oregon Constitution, and that the interest paid by Metro to bond holders is currently exempt from federal and Oregon income taxes.The Local Share Partner covenants that it will take no actions that would cause Metro not to be able to mainta in the current status of the real property taxes imposed to repay these bonds as exempt from Oregon's constitutional property tax limitations or the income tax exempt status of the bond interest under IRS rules.In the event the Local Share Partner breaches this covenant,the Local Share Partner shall undertake whatever remedies are necessary to cure the default and to compensate Metro for any loss it may suffer as a result thereof, including,without limitation, reimbursement of Metro for any Projects funded under this Agreement that resulted in the Local Share Partner's breach of its covenant described in this section. 10. Funding Recognition The Local Share Partner shall recognize and document on-site, for each Project whether an acquisition ora capital improvement, and in any publications, media presentations, or other presentations referencing such Project that are produced by or at the direction of the Local Share Partner,that funding for the Project came fromthe Metro Natural Areas Bond Measure. Such recognition shall comply with the recognition guidelines detailed in Attachment E to this Agreement. 11. Mutual Indemnification The Local Share Partner shall indemnify and hold Metro and Metro's agents,employees, and elected officials harmless from any and all claims, demands, damages, actions, losses,and expenses,including attorney's fees,arising out of or in any way connected with the performance of this Agreement by the Local Share Partner or the Local Share Partner's officers,agents,or employees, subject to the limitations and conditions of the Oregon Tort Claims Act, ORS chapter 30.Metro shall indemnify and hold the Local Share Partner and the Local Share Partner's agents, employees, and elected officials harmless from any and all claims, demands, damages,actions, losses,and expenses,including attorney's fees, arising out of or in any way connected with the Page8 Daniel Plaza - Metro Bond Measure$IGA.pdf__ _ _ _ Page 9-� performance of this Agreement by Metro or Metro's officers, agents, or employees, subject to the limitations and conditions of the Oregon Tort Claims Act, ORS chapter 30. 12. Termination for Cause A. Metro may terminate this Agreement, in full or in part, at any time during the term of the Agreement if Metro reasonably determines, in its sole discretion ,that the Local Share Partner has failed to comply with any provision of this Agreement and is therefore in default. Metro shall promptly document such default and notify the Local Share Partner in writing of Metro's determinatio n as required in Section 12 of this Agreement, below. Notwithstanding any termination for cause, the Local Share Partner shall be entitled to receive payments for any work completed or for which the Local Share Partner was contractually obligated on the date that Metro provided written notice of default, except that Metro shall not be obligated to make any payment other than for work specifically provided for in this Agreement. B. Prior to termination under this Section 12 of this Agreement, Metro shall provide the Local Share Partner with written notice of default that descri bes the reason(s)that Metro has concluded that the Local Share Partner is in default and includes a descriptio n of the steps that the Local Share Partner shall take to cure the default. The Local Share Partner shall have 90 days from the date of the notice of default to cure the default. In the event the Local Share Partner does not cure the default within 90 days,Metro may termin ate all or any part of this Agreement. Metro shall notify the Local Share Partner in writing of the reasons for the termination and the effective date of the termination, which shall not be earlier than 90 days from the date of the notice of default. The Local Share Partner shall be entitled to receive payments for any work completed, including any contractual obligations entered, after the date of the notice of default and before the date that Metro provided written notice of termination, provided that such work or contractual obligations were undertaken by the Local Share Partner in a good faith effort to comply with one of the steps to cure the default described by Metro in the notice of default, except that Metro shall not be obligated to make any payment other than for work specifically provided for in this Agreement. C. The Local Share Partner shall be liable to Metro for all reasonable costs and damages incurred by Metro as a result of and in documentation of the default. Page 9 Daniel Plaza -Metro Bond Measure$IGA.pdf Pale 10 ri D. If,after notice of termination, Metro agrees or a court finds that the Local Share Partner was not in default or that the default was excusable, such as due to a labor strike,fire, flood, or other event that was not the fault of,or was beyond the control of the Local Share Partner, Metro shall allow the Local Share Partner to continue work, or both parties may treat the termination as ajoint termination for convenience whereby the rights of the Local Share Partner shall be as outlined as provided in Section 13 of this Agreement. 13. Joint Termination for Convenience Metro and the Local Share Partner may jointly terminate all or part of this Agreement based upon a determination that such action is in the public interest. Termination under this provision shall be effective upon ten (10)days written notice of termination issued by Metro subject to that mutual agreement. Within 30 days after termination pursuant to this provision,the Local Share Partner shall submit an itemized invoice for all unreimbursed Project work completed before the effective date of termination. Metro shall not be liable for any costs invoiced later than 30 days after termination; provided, however,that Metro may reimburse additional costs,at Metro's sole discretion, if Metro reasonably determines that the delay was due to factors beyond the Local Share Partner's control. 14. Prosect Records.Audlts_and Inspections A. The Local Share Partner shall maintain comprehensive records and documentation relating to any Project forwhich it seeks payment from Metro pursuant to this Agreement, including, without limitati on,the establishment and rmintenan ce of books,records, documents, and other evidence and accounting procedures and practices sufficient to reflect properly all direct and indirect costs of any nature that the Local Share Partner incurred or anticipated to be incurred for the performance of this Agreement (hereinafter"Project Records").Project Records shall include all records,reports,data,documents, systems,and concepts, whether in the form of writings, figures,graphs,or models, that are prepared or developed in connection with any Project, including any substitute Project selected consistent with Section 5 of this Agreement. B. The Local Share Partner shall maintain all fiscal Project Records in accordance with generally accepted accounting principles. In addition, the Local Share Partner shall maintain any other records necessary to clearly document: (1) The Local Share Partner's performance of this Agreement, including but Page 10 Daniel Plaza- Metro Bond Measure$ IGA.pdf _ _ W T Page 11 not limited to the Local Share Partner's compliance with the Agreement, compliance with fair contracting and employment programs,compliance with Oregon law on the payment of wages and accelerated payment provisions; (2) Any claims arising from or relating to the performance of the Local Share Partner under this Agreement or any public contract entered into by the Local Share Partner that is related to this Agreement; (3) Any cost and pricing data relating to this Agreement; and (4) Payments made to all suppliers and subcontractors engaged in any work for the Local Share Partner related to this Agreement. C. The Local Share Partner shall maintain Project Records for the longer period of either(a)six years from the date of termination of Metro's obligation to provide funds pursuant to this Agreement, which date is provided in Sectio n 7 of this Agreement, or(b)until the conclusion of any audit, controversy, or litigation that arises out of or is related to this Agreement and that commences within six years from the date of termination of Metro's obligation to provide funds pursuant to this Agreement. D. The Local Share Partner shall make Project Records available to Metro and its authorized representatives, including but not limited to the staff of any Metro department and the staff of the Metro Auditor, within the boundaries of the Metro region, at reasonable times and places regardless of whether litigation has been filed on any claims. If the records are not made available within the boundaries of Metro,the Local Share Partner agrees to bear all of the costs for Metro employees, and any necessary consultants hired by Metro, including but not limited to the costs of travel, per diem sums,salary,and any other expenses that Metro incurs,in sending its employees or consultants to examine, audit, inspect,and copy those records.Such costs paid by the Local Share Partner to Metro for inspection, auditing, examining and copying such records shall not be recoverable costs in any legal proceeding. E. The Local Share Partner authorizes and permits Metro and its authorized representatives,including but not limited to the staff of any Metro department and the staff of the Metro Auditor, to inspect, examine,copy and audit the books and Project Records of the Local Share Partner, including tax returns,financial statements, other financial documents and any documents that may be placed in escrow according to any requirements of this Agreement. Page 11 Daniel Plaza-Metro Bond Measure$IGA.2df _ __ Page 12 Metro shall keep any such documents confidential to the extent permitted by Oregon law,subject to the provisions of Section 14(F)of this Agreement. F. The Local Share Partner agrees to disclose Project Records requested by Metro and agrees to the admission of such records as evidence in any proceeding between Metro and the Local Share Partner, including, but not limited to,a court proceeding, arbitration, mediation or other alternative dispute resolution process. G. The Local Share Partner agrees that in the event such Project Records disclose that Metro is owed any sum of money or establish that any portion of any claim made against Metro is not warranted, the Local Share Partner shall pay all costs incurred by Metro in conducting the audit and inspection. Such costs may be withheld from any sum that is due or that becomes due to the Local Share Partner from Metro. 15. Public Records All Project Records shall be public records subject to the Oregon Public Records Law, ORS 192.410 to 192.505. Nothing in this section shall be construed as limiting the Local Share Partner's ability to consider real property transactions in executive session pursuant to ORS 192.660(1)(e)or as requiring disclosure of records that are otherwise exempt from disclosure pursuant to the Public Records Law (ORS 192.410 to 192.505)or Public Meetings Law(ORS 192.610 to 192.690). 16. Law of Oregon, Public Contracting Provisions The laws of the state of Oregon shall govern this Agreement and the parties agree to submit to the jurisdiction of the courts of the state of Oregon.All applicable provisions of ORS chapters 187,279A, 279B,and 279C,and all other terms and conditions necessary to be inserted into public contracts in the state of Oregon, are hereby incorporated as if such provisions were a part of this Agreement. Specifically, it is a condition of this Agreement that the Local Share Partner and all employers working under this Agreement are subject employers that will comply with ORS 656.017. 17. Notices and Parties' Representatives Any notices permitted or required by this Agreement, other than reimbursement requests required pursuant to Attachment B,shall be addressed to the other party's representative(s)designated in this Section of this Agreement and shall be deemed provided (a) on the date they are personally delivered, (b)on the date they are sent via facsimile, or Page 12 DanielPlaza- Metro Bond Measure$ IGA.�dfi � — _ Rade 931 (c)on the third day after they are deposited in the United States mail,postage fully prepaid,by certified mail return receipt requested.Either party may change its representative(s)and the contact information for its representative(s)by providing notice in compliance with this Section of this Agreement. Lpcal Share Parrbier*s-$wine eta Renresentative(s): Daniel Plaza Dennis Koellermeier Parks and Facilities Manager Public Works Director City of Tigard City of Tigard 13125 SW Hall Blvd. 13125 SW Hall Blvd. Tigard,OR 97223 Tigard,OR 97223 Fax(503)684-7297 Fax(503)684-8840 with copy to: City Attorney City of Tigard 1727 NW Hoyt St. Portland,OR 97009 Fax(503)243-2944 Metro's Designated Representatives: Natural Areas Bond Program Manager Metro Regional Center 600 N.E.Grand Ave. Portland,OR 97232 Fax(503)-797-1849 with copy to: Office of Metro Attorney 600 N.E. Grand Ave. Portland, OR 97232 Fax(503)797-1792 18. Assignment The Local Share Partner shall not assign any of its responsibilities under this Agreement without prior written consent from Metro,which shall not be unreasonably withheld,except Page 13 Daniel Plaza -Metro Bond Measure$ IGA.pdf Page 141 that the Local Share Partner may delegate or subcontract for performance of any of its responsibilities under this Agreement. 19. Severability If any covenant or provision in this Agreement shall be adjudged void, such adjudication shall not affect the validity, obligation,or performance of any other covenantor provision which in itself is valid, if such remainder would then continue to conform with the terms and requirements of applicable law and the intent of this Agreement. 20. Entire Agreemen t; Modifications This Agreement constitutes the entire agreement between the parties. No waiver, consent, modification, or change of terms of this Agreemen tshall bind either party unless in writing and signed by both parties. Such waiver,consent, modification ,or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings,agreements, or representatio ns,oral or written, not specified herein regarding this Agreement. The Parties, by the signatures below of their authorized representatives, hereby acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year indicated below. CITY OFTIGARD METRO Signature Michael Jordan Metro Chief Operating Officer Print Name: Title: Date: Date: Page 14 Daniel Plaza-Metro Bond Measure$IGA.s df • APPROVED AS TO FORM BY: Signature Paul A.Garrahan Senior Assistant Metro Attorney Print Name: Title: Date: Date: I.Danlel Plaza- etro Bond Measure$ IGA.pctt — — MPage 16 Attachment"A" Contract# 927849 Project# 53872 Local Share Project List for City of Tigard Project Name: Natural Area Acquisition Project Description: North Central Tigard-Purchase two properties totaling approximately 45-acres Project Funds Required (including other funding sources, if any): $1,277,717 Project Timeline: Varies,due to willing seller nature of acquisitions. Project Location: See map. Project Contact Information: Daniel Plaza Parks and Facilities Manager City of Tigard 503-718-2590 danie( tigar[I-or._fin, 1 Daniel Plaza-Metro Bond• ,Measure$IGA.pdf _ _ _ _ _ Page17'. Attachment"A" Contract# 927849 Project# 53873 Local Share Project List for City of Tigard Project Name: Natural Area Acquisition Project Description: Southeast Tigard-Construct on Brown Property an approximately 1,500' Fanno Creek Trail Segment Project Funds Required (including other funding sources, if any): $192,000 Project Timeline: Varies,due to willing seller nature of acquisitions. Project Location: See map. Project Contact Information: Daniel Plaza Parks and Facilities Manager City of Tigard 503-718-2590 daniel(o*iaard-or.gov Daniel Plaza-Metra Bond Measure$ IGA.pdf _ --- — - Pae a 181 S 3 F � • t • 1;Daniel Plaza -Metro Bond Measure$ IGApdf _ Page 191 te 14%two , .11111 r . • jig Daniell Plaza -Metro Bond Measure$ IGA.pdf �_ _ _ _� _ ____ Page 201 . . 11 _T - l l' 411111111: . iNw • � A - "y } L I Daniel Plaza -Metro Bond Measure$ IGA.pdf Page 21 • Attachment B PROCEDURES FOR PAYMENT OF FUNDS BY METRO NATURAL AREAS BOND PROGRAM LOCAL SHARE Metro has committed to pay to local jurisdictions (Local Share Partners)amounts specified for approved projects under the local share component of the 2006 Natural Areas Bond Measure. Under the Measure,funds must be expended on projects for acquisition and capital construction and improvements that result in the creation or acquisition of a capital asset,consistent with generally accepted accounting principles. For purposes of reimbursement,all of the following also apply: • Capital cost may include not only the purchase price or cost of construction, but also any other costs incurred to place the asset in its intended location and condition for use; • Each project shall be an improvement to non-federal, publicly owned property,or,in the case of acquisition, the ownership of the property shall be by a non-federal public agency orjurisdiction; • Each project shall be real property (including buildings on such real property)ora building or other tangible improvement to real property,not intellectual or other intangible property; and • The Local Share Partner shall properly record the acquisition or improvement as an asset in the jurisdiction's audited financial statements,and the accounting treatment for this project shall be consistent with the Local Share Partner's treatment of other similar transactions. Examples of potentially eligible costs include the following, provided that they are costs that can be capitalized under generally accepted accounting principles: • Legal and title fees • Closing costs(including escrow fees and recording fees) • Negotiation costs • Due diligence costs(including costs of appraisals, land surveys and environmental investigations) • Land preparation costs • Demolition cost(associated with new construction) • Architect and engineering fees • Insurance premiums during the construction phase • Transportation and freight charges • Staff overhead costs,meeting federal guidelines under the Single Audit Act of 1984, which are directly related to the acquisition of a natural area asset. Payments to Local Share Partners will be processed as reimbursement for costs incurred and paid by the Local Share Partner. Only in the case of land acquisition will transfers be made prior to expenditure, with said transfer into escrow accounts for land acquisition transactions. Daniel Plaza -Metro Bond Measure$ iGA.pdf Page 22 Prior to any reimbursement or transfer of funds to escrow the Local Share Partner must sign a designation of signature authority form. REIMBURSEMENT PROCEDURES For each request for reimbursement, the Local Share Partner shall provide to Metro: • A completed Request for Release of Funds,signed by an authorized representative of the Local Share Partner certifying appropriateness of the charges, • A schedule of charges being submitted for reimbursement including the name of the vendor or person who was paid, description of charge and amount, and • Applicable documentation to supportthe schedule of charges, including copies of invoices, statements, receipts, payroll reports,and/or other evidence of expenditures incurred. Such documents shall be submitted to: Local Share Coordinator Metro Regional Parks and Greenspaces 600 N.E. Grand Avenue Portland, OR 97232-2736 Upon Metro's receipt of a request for reimbursement: • Metro's Local Share Coordinator shall review the submitted documents and recommend approval for payment to the Program Director, or request additional information from Local Share Partner as needed. • Metro Accounts Payable will process a reimbursement check to the Local Share Partner within thirty (30)days of the date of receipt of completed reimbursement documents by Metro. All reimbursements will be made payable to the Local Share Partner jurisdiction. Reimbursement may be by electronic funds transfer,warrant or check. ESCROW TRANSFER PROCEDURES If the Local Share Partner requires a wire transfer of funds to escrow to complete land acquisition transactions, a wire transfer information request form must be completed. A preliminary closing statement that details the price of the property and all related closing costs should be included to document each request submitted. Funds will be transferred as required within five business days of written or faxed notice submitted to the attention of: Attachment B—Procedures for Payment Page 2 Daniel Plaza_- Metra Band Measure$ IGA.pdf Page 23 Local Share Coordinator Metro Regional Parks and Greenspaces 600 N.E. Grand Avenue Portland, OR 97232-2736 Fax number: 503-797-1849 M:\atorneAc onfideitld\16 BondMe:6.2006\2006 Lod Sue I GA Att B mid)proved drdt 011007.doc Attachment B—Procedures for Payment Page 3 Daniel Plaza- Metro Bond Measure $ IGA.pdf Page 24 Attachment C Local Share Guidelines The Metro Council established these Local Share Guidelines with its adoption of Metro Resolution No. 06-3672B,which resolution submitted the Measure to the voters of the Metro region. As provided in Exhibit B to that resolution, only agencies that were public park providers as November 6,2006 are eligible to receive funds. Funds from the bond rrleasure shall not be used to replace local funds on any project and funds from the bond measure should be used to leverage other sources of revenue when possible. Local share funds should be used to the greatest extent possible to fund new projects and not pay agency overhead or indirect costs. In no event shall the staff, overhead and indirect costs on local share projects exceed 10%of the cost of any project. In addition, such funds may be expended only on projects related to natural areas or acquisition of land for natural areas,open space, parks or trails, including: Real Property Acquisition: • Fee Simple (or easement) purchase of real property for use as parks,open space,natural areas,or trails, including natural areas,wildlife and trail corridors identified in the Metropolitan Greenspaces Master Plan, the Regional Greenspaces System Concept Map (adopted 2002),the Regional Trails Plan Map (adopted 2002),the Nature in Neighborhood Map (Fish &Wildlife Habitat Protection Program, Resource Classification Map), and locally determined significant natural areas,neighborhood and pocket parks,wildlife habitat and trail corridors. Capital Improvement Projects: • Restoration or enhancement of fish and wildlife habitat. • Irrproverr nts to existing parks to enhance the integrity of habitat and increase natural plantings. • Improvements to existing natural area amenities to provide universal access to the public (meets Americans with Disabilities Act requirements). • Public use facilities such as trailheads, rest rooms,picnic tables and shelters,children's play areas, viewing blinds,water systems,camp sites and barbeque pits, fishing piers,associated accessories such as information signs,fences, security lighting, and circulation facilities (i.e.,entry, egress and circulation roads,parking areas). • Environmental education structures or accessories(e.g.,nature centers and/or interpretive displays). • Trail design,engineering, construction and landscaping. •flkx•R*xxf.•x*kf. M:\dtorney\mnf ideitid\16 BondMes62006\20 06 Lord Sae I GA AttC loc Ue guiddinEs draft 011007.doc ; Daniel Plaza-Metro Bond Measure$1GA.pdf � Attachment D INTERGOVERNME NTAL AGREEMENT BETWEEN THE LOCAL SHARE PARTNER and METRO FOR LAND ACQUISITION SERVICES THIS INTERGOVERNMENTA LAGREEMENT ("IGA"), entered into under the provisions of ORS chapter 190 and effective on the date the IGA is fully executed (the "Effective Date"), is entered into by and between the located at ("Local Share Partner") and Metro, a metropolitan service district organized under the laws of the State of Oregon and the Metro Charter, located at 600 Northeast Grand Avenue, Portland, Oregon 97232- 2736 ("Metro"). RECI TALS WHEREAS, the goal of this IGA is for Metro to provide land acquisition services for the Local Share Partner for acquisitions pertaining to the 2006 Natural Areas Bond Measure(the "Measure"); WHEREAS, the Local Share Partner has executed an intergovernmental agreement with Metro pertaining to the Local Share Component of the Measure; WHEREAS, the Local Share Partner is involved in various projects that require land acquisition and due diligence services in relation to parcel and easement purchases; WHEREAS, the Local Share Partner does not have the in-house staff to perform these land acquisition and due diligence services; WHEREAS, Metro has determined that there is available Metro staff capacity within the existing Natural Areas Work Plan to provide limited technical assistance to the Local Share Partner for land acquisition and due diligence services; and WHEREAS, the purpose of this IGA is to identify the responsibilities and compensation for land acquisition and due diligence services to be provided by Metro to Local Share Partner; NOW THEREFORE, the parties agree as follows: 1. SCOPE OF METRO'S SERVICES Metro shall provide to Local Share Partner services as shown in the attached Scope of Work(Exhibit A). In addition, each project shall require a project specific scope of work (consistent with this IGA)and a written notice to proceed from Local Share Partner prior to Metro commencing work. Local Share Partner shall be entitled to copies of all products prepared by Metro hereunder, upon request,including but not limited to due Attathmart D—LAND ACQUISITION SERVICES IGA Paw'I ---_sem._- — --- - Daniel Plaza-Metro Bond Measure$ IGA.pdf Page 26 • diligence process reports and legal documents and instruments (agreements of purchase and sale, appraisals, environmental assessments,preliminary title reports,negotiated conditions, deeds,easements, and leases). 2. SCOPE OF LOCAL SHARE PARTNER'S SERVICES Local Share Partner shall provide written direction to Metro regarding the services to be performed by Metro under this IGA. Local Share Partner shall also provide the input and review as described in Exhibit A. 3. PAYMENTS FOR SERVICES A. Costs that Metro incurs to obtain any services fromthird parties under this IGA shall be deducted from the total amount of funds available to the Local Share Partner under the terms of the Measure. Such deduction shall occur at the time that Metro makes payment for such services. Such costs may include,without limitation, the costs for Metro to obtain appraisals, appraisal reviews, preliminary title reports,environmental site assessments (e.g."Phase I"and"Phase II" investigations), and land surveys. Metro shall provide Local Share Partner with written notice of all such deductions related to each project within 30 days of either(a) closing,if the project is a successful real property acquisition, or(b)the date that Metro determines, at its sole discretion, that a proposed acquisition is infeasible, at least in the short term. B. Metro shall provide all other land acquisition and due diligence services described herein, other than those services described in Section 3A of this IGA, at no cost to the Local Share Partner. 4. TERM AND RENEWALS The Term of this IGA shall be for five (5)years following the Effective Date. However, this IGA shall automatically renew for successive one-year terms unless terminated by either party by written notice at least 30 days prior to expiration of the initial term or any renewal term. 6. MODIFICATION, AMENDMENT OR TERMINATION OF AGREEMENT Metro and Local Share Partner, by mutual written agreement signed by both parties, may modify, amend, or terminate this IGA at any time. Either party also may unilaterally terminate this IGA by providing the other party with written notice of termination. Such notice shall comply with the provisions of Section 13 of this IGA, and such termination shall be effective 30 days after providing such notice. Metro shall be entitled to deduct from the total amount of funds available to the Local Share Partner under the terms of the Measure any costs,as described in Section 3 of this IGA, that Metro had incurred or for which Metro was contractually obligated on the date that Metro provided or received written notice of default. Attathmait D—LAND ACQUISTION S<RVICES IGA Page 2 Daniel Plaza-Metro Bond Measure$ IGA.pdf Page 27 7. MUTUAL INDEMNIFICATION The Local Share Partner shall indemnify and hold Metro and Metro's agents, employees, and elected officials harmless from any and all claims, demands,damages, actions, losses,and expenses,including attorney's fees,arising out of or in any way connected with the performance of this Agreement by the Local Share Partner or the Local Share Partner's officers, agents, or employees, subject to the limitations and conditions of the Oregon Tort Claims Act, ORS chapter 30. Metro shall indermify and hold the Local Share Partner and the Local Share Partner's agents, employees, and elected officials harmless from any and all claims, demands, damages, actions, losses,and expenses, including attorney's fees, arising out of or in any way connected with the performance of this Agreement by Metro or Metro's officers, agents, or employees, subject to the limitations and conditions of the Oregon Tort Claims Act, ORS chapter 30. 8. FUNDS Local Share Partner shall be responsible for insuring that sufficient funds are available for each Project. 9. PROJECT MANAGER Each party designates the following as its representative for purposes of administering this IGA: Local Share Partner: Metro: Natural Areas Bond Program Manager Metro Regional Center 600 N.E Grand Ave Portland, OR 97232 Either party may change its designated representative by giving written notice to the other as provided in Section 13. 10. LAWS OF OREGON The laws of the state of Oregon shall govern this IGA and the parties agree to submit to the jurisdiction of the courts of the state of Oregon. All applicable provisions of ORS chapters 187,279A, 279B, and 279C,and all other terms and conditions necessary to be inserted into public contracts in the state of Oregon, are hereby incorporated as if such provisions were a part of this IGA. Specifically, it is a condition of this Agreement that Attatmeit D—LAND ACQUISITION SERVICES IGA P-4;le3 Daniel Plaza-Metro Bond Measure$ IGA.pdf _ Page 28 the Local Share Partner and all employers working under this Agreement are subject employers that will comply with ORS 656.017. 11. SEVERABILITY If any covenant or provision in this IGA shall be adjudged void,such adjudication shall not affect the validity, obligation,or performance of any other covenant or provision which in itself is valid, if such remainder would then continue to conform with the terms and requirements of applicable law and the intent of this IGA. 12. ENTIRE AGREEMENT This IGA constitutes the entire agreement between the parties and supersedes any prior oral or written agreements or representations relating to this IGA. No waiver, consent, modification or change of terms of this IGA shall bind either party unless in writing and signed by both parties. 13. NOTICES Except as specifically otherwise provided in this IGA, any notices permitted or required by this contract shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested and addressed to the representative designated in Section 9. Either party may change its address by notice given to the other in accordance with this paragraph. 14. ARBITRATION Any controversy regarding the terms and conditions of this IGA shall be submitted to arbitration. Any party may request arbitration by written notice to the other. If the parties cannot agree on a single arbitrator within 15 days from the giving of notice, each party shall within five days select a person to represent that party and the two arbitrators shall immediately select a third impartial person to complete a three member arbitration panel. If the two arbitrators cannot agree within 15 days on the third arbitrator, then either party may petition the Presiding Judge of the Multnomah County Circuit Courtto select the third arbitrator. The panel shall conduct the arbitration in accordance with the provisions of ORS Chapter 33,or the corresponding provisions of any such future law. The arbitrator(s) shall assess all or part of the cost of the arbitration, including attorney fees,to any or all parties. LOCAL SHARE PARTNER: METRO: By: By: Print Name: Michael Jordan,Chief Operating Officer Date: Date: Attaimeit D—LAND ACQUISITION SERVICES IGA Pae 4 Daniel Plaza- Metro Bond Measure$ IGApdf __ _T _ Page 29 By: By: Jim Desmond, Parks Director Date: Date: Approved as to Form: Approved as to Form: By: By: Paul A.Garrahan for the Local Share Partner, Oregon Senior Assistant Metro Attorney M:\dtornej\confideitid\16 BondMea;.200612006Load fire IGA Alt Daoquisition sevicm IGA drat011007.doc Attachment D—LAND ACQUISITION SERVICES IGA fte5 • Daniel Plaza- Metro Bond Measure$ IGA.pdf _ Pale 30 • Exhibit A Land Acquisition Services I GA SCOPE OF WORK TASK 1 Local Share Partner Preliminary and General Services Objective: Initiate project and facilitate mutual understanding of the project scope. Description: Meet with Metro real estate negotiator on a project-by-project basis,to confirm roles,responsibilities and expectations for each specific project in relation to the IGA. Establish clear lines of communi cation. Discuss project goals and identify specific concerns. Review the project and the land acquisition schedule. Local Share Partner Products: Provide project-specific goals,target properties, budget and desired schedule, including key project deadlines and milestones. Schedule and host initial project meeting. Provide the names and addresses of the owners of targeted properties, and tax identification information for such properties. Provide direction as appropriate. Information to be provided includes: • Written description of the target property, property contact information (including history of communication),specific approval schedule, deadlines, authorization procedures, and required communication procedures. • Whether review by the Local Share Partner's attorney is required, and,if so, the points during the project timeline when such review must occur. • Whether and when approval(s)by the Local Share Partner's governing body is required. Describe the process and estimated time lines for such approval(s). • A completed Signature Authority form provided by Metro. • Identification of any other approval(s)or review periods that the Local Share Partner will require. TASK 2 Metro Negotiation and Related Services Objective: Conduct"willing seller" land acquisition negotiations with the purpose of acquiring properties targeted by the Local Share Partner for land acquisition services. When directed in writing by Local Share Partner,conduct such land acquisition negotiations in accord with federal acquisition guidelines. Description: Metro will perform land acquisition negotiations. Steps to be taken include the following activities: 2.1 Setup negotiation files to preserve documents and a record of the negotiations. EXHIBIT A-SCOFF OF WORK toAttahmad D—LAND ACQUISITION SERVICES IGA 1 Daniel Plaza-Metro Bond Measure$IGA.pdf Pa_e 31 2.2 Setup and maintain diaries documenting property owner(s) contacts. 2.3 Prepare the appropriate documents for review by the Local Share Partner's Project Manager and attorney, including, but not limited to, Metro's standard formAgreement of Purchase and Sale, modified or supplemented with property specific detail, deeds,easements, legal descriptions and other documents and instruments, as needed. 2.4 Prepare offer letters and other communications required to establish contact with property owner(s). 2.5 Explain the offer to the property owner(s)ora representative and provide an understanding of the land acquisition process. 2.6 Comply with federal and state acquisition and relocation guidelines and requirements, when directed in writing to do so by the Local Share Partner. 2.7 Advise and coordinate with the Local Share Partner's Project Manager. Metro Products: Maintain property specific negotiation files including diaries, offer letters, and documentation of other communications. Transaction specific preparation of the Purchase and Sale Agreement, and other documents, as requested. Provide negotiation files to Local Share Partner upon request. TASK 3 Metro Due Diligence Services Objective: Perform due diligence substantially satisfying the standards set forth in Metro's Natural Areas Implementation Workplan. Description: Metro will conduct due diligence in good faith and as Metro determines necessary at its sole discretion. Steps to be taken may include the following activities: 3.1 Obtain an independent MAI appraisal of the proposed acquisition property subject to no extraordinary assumptions and confirmed by an appraisal review conducted in accordance with USPAP and general appraisal standards. Alternatively, if the Seller obtains an independent MAI appraisal,then Metro shall obtain an appraisal review of Seller's appraisal, conducted in accordance with USPAP and general appraisal standards, and such appraisal review must verify the accuracy of Seller's appraisal, including confirming that it is subject to no extraordinary assumptions. EXHIBIT A-SCOFE OFWORK toAttahment D—LAND ACQUISITION SERVICES IGA Daniel Plaza - Metro Bond Measure$ IGA.pdf TT Page 32 3.2 Paralegal review of title reports,title exception documents, vesting deed, existing surveys,plats,legal description and other documents. 3.3 Perform a site visit and visual inspection of boundaries and access; identify possible hazards,unrecorded easements, and trespassers. 3.4 Obtain a Phase I Environmenta I Assessment and conduct further environmental investigation only if necessary to conduct"All Appropriate Inquiry" into the environmental condition of the Property, in accord with the Standards and Practices for All Appropriate Inquiry set forth in the Code of Federal Regulati ons,Chapter 40,Part 312. 3.5 Obtain survey services fora land use application or to resolve uncertainties as to property lines or easement location. 3.6 Obtain land use approvals if required under the Purchase and Sale Agreement. 3.7 Provide Metro Attorney review of documents. The Metro Attorney shall advise Metro negotiators regarding their work under this Agreement and shall oversee Metro's due diligence work,but shall not provide legal advice directly to the Local Share Partner. If the Local Share Partner feels it needs legal advice regarding any matter it shall seek such advice from its own attorney. Metro Products: Due diligence conforming substantially to Metro Natural Areas Implementation Workplan standards. Copies of all pertinent legal documents will be provided as appropriate. Local Share Partner Products: Local Share Partner's Project Manager and attorney review, direction of the due diligence process,review and approval of the closing checklist. TASK 4 Metro Purchase and Closing Services/Escrow Liaison Objective: Conduct escrow and closing services. Description: Metro shall perform the following services in good faith and as Metro determines necessary at its sole discretion: 4.1 Communicate with property owners, or their representatives, in a timely and professional manner. 4.2 Open escrow. EXHIBIT A-S✓OFE OFWORK toAttathment D—LAND ACQUISITION SERVICES IGA I Daniel Plaza Metro Bond Measure$ IGA.pdf _.r._ . _ y T u ''Page 33 4.3 Prepare escrow instructions. 4.4 Place documents in escrow. 4.5 Coordinate payments to Title/E scrow Company related to closing. 4.6 Assist in obtaining releases, if necessary. 4.7 Review closing statements, escrow instructions, title insurance policies, and vesting documents, and make recommendations to Local Share Partner or work with the title company to correct errors. 4.8 Deliver documents for recording and track the recording process to ensure that recording has occurred. Metro Products: Escrow instructions, Escrow account setup,documents placed in escrow, payment coordination, closing statements, recorded documents. Provide recorded documents to Local Share Partner with recording numbers. Local Share Partner Products: Local Share Partner's Program Manager and attorney review of closing documents and instruments. Provide documentation to authenticate that the individual signing all closing documents has authority to sign on behalf of the Local Share Partner. .******* M:\ torne7\aon \16 BondMea.2006\2006 Lod Sae I GA Alt D aquisilion seviots I GA drdt 011007.doc EXHIBIT A-SCOPE OFWORK to Attachment D—LAND ACQUISITION SERVICES IGA Daniel Plaza-Metro Bond Measure$fGA.pdf ____ _._ _ T. _ _ Page 34 Attachment E Funding Recognition As provided in this document,the Local Share Partner shall recognize that funding to complete the project was provided from the Metro 2006 Natural Areas Bond Measure. Such project recognition shall be included in and on on-site documentation, any published final products and visual presentations,web site information, collateral materials,newsletters, and press releases. At or before ID Med completion of a prosect, signage shall be installed at the project site in prominent and highly visible locations near each primary public access point or viewing access area (but not located in a manner that would have a detrimental impact on any natural area viewshed) to acknowledge Metro's funding of the project and any other project partners (as necessary)that have provided project funding. Signage shall be either: a. A standard, free-standing sign provided by Metro, which Metro shall make available to Local Share Partners upon request;or b. Inclusion of Metro's logo and script in other signage,with Metro's logo and script of a size in comparable proportion to the relative amount of funding provided by the Metro Bond Measure for the project being recognized, in relation to other agencies recognized on such signage. In no event, however, must Metro's logo and script be larger than the logo and script of the Local Share Provider. Metro shall make its graphics available upon request. When the project is opened to the public,the Local Share Partner shall plan and hold at least one community/media event to publicize the project and its relationship to the Metro 2006 Natural Areas Bond Measure. The Local Share Partner agrees to provide the Metro Natural Areas Program Manager with written notice of such event at least three weeks prior to the scheduled event in order to coordinate with and allow for participation by Metro staff and elected officials. At least once during the term of the Agreement,the Local Share Partner shall hold a public meeting with members of the Local Share Partner's governing body,at which the Local Share Partner shall recognize the Local Share Partner's partnership with Metro to complete the Local Share Partner's Bond Measure- funded projects. The Local Share Partners shall provide the Metro Natural Areas Program Manager with written notice of such public meeting at least three weeks prior to the scheduled event in order to coordinate with and allow for participat ion by Metro staff and elected officials. ********** M:1dtorneAco nfidaitia116 BondMecs2006120 06 Lod Sae I GA Aft E drdt 011007.doc Attachment "A" Contract#927849 Project#53873 Local Share Project List for City of Tigard Project Name: River Terrace Town Center Community Park—Green Space and Trail (P1) Project Description: Establish green space and a Westside Trail connection from Roy Rogers Rd to River Terrace Blvd. as part of the planned River Terrace Town Center Community Park development, Phase 1. Project Funds Required(including other funding sources, if any): $320,000.00 (Parks SDC credits) Project Timeline: FY23-24 Project Location: See map. Project Contact Information: Rick Gruen Parks, Recreation and Green Infrastructure Manager 503.718.2583 rickg@tigard-or.gov Attachment "A" Contract#927849 Project#53873 Local Share Project List for City of Tigard Project Name: Sunrise Lane Trail Improvement (P2) Project Description: Extend a hard surface trail connection from where the existing asphalt trail terminates to SW Mistletoe Drive. Project Funds Required(including other funding sources, if any): $30,000 (Parks Major Maintenance) Project Timeline: FY23-24 Project Location: See map. Project Contact Information: Rick Gruen Parks, Recreation and Green Infrastructure Manager 503.718.2583 rickg@tigard-or.gov Attachment "A" Contract#927849 Project#53873 Local Share Project List for City of Tigard Project Name: Upper Powerline Westside Trail Planning (P3) Project Description: Plan, design and engineer a Westside Trail segment under the powerline extending from SW Mistletoe Drive southward to the City of Tigard boundary line (approximately 550 feet). Project Funds Required(including other funding sources, if any): $133,200 (Parks SDC) Project Timeline: FY28-29 Project Location: See map. 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'.• ,'' ‘,. ,..ty .!4/4 Oa, _:''..si. ..,',.‘,. ... ,, 4.t.k., -, or,,,.,. ,',li„ S 9-7, 4 , ,i....s,,,,',. ,'- t *4**Vv.;..;,. *,-- .--r..- .L'iik.'"- •"„ ,,,'4., .: • '- ,...&""e „,/-,,,,,,,k; , , ... - . ;:,,,,ti.t* 4' I, , ..,* t; . ,' t,,,,t ,c''" ''' '" AP i .4 / . „ ,,,,_ it - ' ' . -•.'i.- ,..„.,-‘4,t,,°' ' i :..., .. „,,,,..... */ ' -• °' ,' - ,, -0,4,"1„-it, „..- ..Itt." 1,.• ,-,, ,„ ,,,,,...,* ,-- . ,..,-......: _ ... :,,... 0 Md. 444 0 1 -', A 5calv *4" d EIE c ty of 1 BIB' r....7',"5:„,.;.,L'' 'l 5 S'VV Hall Blvd t* 13.2.. d oR 9722-, ,...i......:. *War3.)839-4171 4 *.,,,..,,,,,),;:i.i.....*..,,,tvil..,; . . vte4 '4':;;;;:(1;;;22 . : . 47 <..,'Ail " -'r•I'. ' '"•i.:*4: ,14,. ' .,,..1,, ,-""' .„ -.,,, ,'77.„,#*'„ -1' -,t,-,-.--*,,,,,- ,, - '. . .5„.„. -:,, 4, "''4-'', t* ' ''''..- --'- ' ,..' ,',-...., tH-4-*"•-.. ' -''''' .fk,...i. . 44.. -.* ,7,4 ',: ',. ''',.- ‘ ' ..;.:*'• ""'"• . '-7--% ' . -.. ,_,„.' , ;, --•:;,-. '44.: ..- , ,4; .. ..„. ,... ,.., IfoliNit ' "ifi, ''• to l'-t-,,,- , It''.11, r'''''' ''' : it ' .141.11',. .'' .!4;z.k.. .:.., '''''#•.,-,,,,.:' .,,t1.-1.''''':"7.*,1".';''.;;';, '--'" 4..,-. ..r.,...i,,,„,„,...t.„,...„,•• . ...,...,..:_. •,.: ,.. , •-•.„ Ai, " - • ''--'4-""'" '. , ,,,,,....... 2007 Natural Areas Local Share IGA R Addendum to Attachment A - iv : .1 Project Additions M. Itr, It Lil Ir. .. .411 _ August 23, 2022 41 pr. Sunrise r City Council , r -,I rill NI . t 11011r: }'r. 21 _ - _ 1111C - d icy M. 1. r ,„ :if / 1 lin '.'A.or-;-. .. :PI i4 • ' r '. Pr Tigard:An equitable community that is walkable, healthy, and accessible for everyone. — Council Action > Receive briefing on Reservoir 18/Sunrise Park site mitigation requirements > Hold public hearing to consider project alternatives > Adopt findings and pass a Resolution adding projects to Attachment A of the 2007 Natural Areas Local Share IGA between Metro and City of Tigard lir Tigard:An equitable community that is walkable, healthy, and accessible for everyone. — Background > Sunrise Park property was purchased for $5 million dollars in 2010 using City of Tigard Park Bond funds and $400,000 of 2006 Metro Natural Areas Local Share Program funds provided by Washington County. With the Sunrise Park property being the preferred alternative for siting and constructing Reservoir 18, Metro has advised the City that non-de minimis impact mitigation would be required consistent with the terms and conditions of the 2007 Local Share IGA between Metro and City of Tigard The following mitigation options were considered: 1. Buy out Metro's 8% interest (adjusted to current market value via appraisal) 2. Divide a portion of the property (1.15 acres) via deed transfer to Metro and agree to maintain the property for Metro. 3. Identify alternative park/trail projects (current or future CIP) commensurate to Metro's 8% interest in the Sunrise property Eir Tigard:An equitable community that is walkable, healthy, and accessible for everyone. — Solution ➢ Option 3 was ultimately considered the most viable option for the City. ➢ Market appraisal was performed and established Metro's current market value interest at $483,200 ➢ Projects were considered based on or more criteria: 1. Included in current Parks CIP y 2. Consistent with Parks Major Maintenance budget y 3. Supported by Parks and Recreation System Plan Y 4. Consistent with Wash Co and Metro Local Share Program ➢ Metro has indicated support of the City's proposed alternative projects and has provided written confirmation of its agreement with the process to add these projects to Attachment A of the IGA Tigard:An equitable community that is walkable, healthy, and accessible for everyone. Project Alternatives ,'y� '' �1,. �`.. ! , r ,d`H„5. o, ..r- s4+ ,0 ;" :r, .,•. "-t ." {'' +. *.i ,. _ ..-; fit+` am •• Y �, i1. +f -rr • _ r .� :L. 4=1e,V i fiW r r 05- 'Y p1 Ja. I w _ •� .:, 1'r7'c: rE c.- .11. rnp.'r+•..' ra.•,- '5‘••'-'- has:`lam. �.:�; :; .... •_ '-.. 5^ , } .k,?. +'f. r,�' - .._--rs.,��- ate 'MIA . s mr_ , . .. '� s�±t �, t N. '* '] - i J .Y..-...;:. - �I4> hj' r." 4.....;,....,... . . -c.~.' ' r.4 - 1r. .r r mss:: _ s` --. kr' 4 •" e. 1 ` 1"`Iiy�` } n..�IRlln11e �,�,�.' - y"it `rt- '�4;,,.41---', • r - - - - �f .y J'7 '�0ll ..OIC r. .! rd■ . -r +' �.d..� 1' -•ima-0 r� f +t v T ' r-2. _ .L_'u 6-o-rS3yiff RiWml Y ' '� + yds"'• _ _r .u.-'. r}. 1. t � • i° h11"+`.. i *"Y 1'RTI�1 ll •4 L ]' ir" R' p 4 i. '-.1,4; .:? 1 >�R.., ..s ,a a+A . max t5.. . e".y.. ':—.: .' f + r ! 4 tiliPi: � = r { J.+p .^ .art' ..•.i,.n Jt .. 4.... . - 'r_, - • ji r,- A14 rrf +� -4'r • I'e 1 ,A:.:. r ! R_i/ tr'r�'yR r ..1� 'i sew 'i _ r F • : 'moi k i amu.'3'.J „,s, - } �'i ... .` y it 1 I 4k.. ••:‘ , Itglr, . __ .7 . te IL , fflt, ;kik, toy, • I.. ..ivito,47,. ,. - .. . 1. s - • : t {+fpr - - . • • _ r • 1 $ .of. 'rY. S .ilk`F _C Y rfl' i •b 4 1 -r.�`rr. - r ! i :11• '- -.'r' • - �+- r •-i, it . :`, z - , - ., ,r>.i' ;; v�4 /I r6. -, .�., i-' 41.5*:ti l U. VS.. - .. - 1 J. �''• 4�x.:.6_1- s__ iF d __ �.�� 6i.� t. r'�1.. y r -3 r~_' _ 4 r� • � a ... ri . igniai ... . • i�f IIII .1 i Tigard:An equitable community that is walkable, healthy, and accessible for everyone. TEGARD P1 : River Terrace Town Center Community Park, _. Phase 1 - Green Space and Trail Connection River Terrace Town Center: Community Park .e.—aPO HOUSE Ke Facts: -1 SHADE Y A is • • FY - 4 CIP WETLAND OVERLOOK oc oaAK ,i) , • In-kind value (credit).• FENCE SMALL /r a SW STREAMW000 LANE ccPnak $320,000p PH�wN SAE= .LAND ,, SHADE STRUCTURE IF REST .1bil 1 tirp our . R..� S ! pp! ' Tigard:An equitable community that is walkable, healthy, and accessible for everyone. TIGARD _ P2: Sunrise Lane Trail Improvement P3: Upper Powerline Westside Trail Planning , . _._ , , , i.-.. :'-'--;"N.,...@-;,i----:*--__ : 11 f -----t7N1 ''.' .. 1 ilij.j _.. . .../ / 14 4, .,.: v li __:'-. (!7.- ''=7; . + /j .,..,A-2.,2,,,___-: , _ P2 Key Facts: -�-- _=-� . � _ �� F it. _�7'•L • FY23-24 Parks Major • ,r. �-'urn, .P►4.''" v. � '+'- � p- ifr ; i Maintenance � _ a 11411047 7. x ' , ,�! ' may: j fes ` J : . ry ,4 • Estimated cost: $30,000 � ` r ,1:11U-- �, �_�' �� P. #`6k .17, P3 KeyFacts: _ tI; ' ' 110 ' ' '-',... LIALLB2),,7. : _ �_ • FY28-29 Parks CIP - = r _ �• r• Estimated cost: $133 200 s' LN I ,= 111111FM Rv Er Tigard:An equitable community that is walkable, healthy, and accessible for everyone. °TIGARD _ Summary • Projects are consistent with recently adopted Park and Recreation System Plan o Increased public access to parks, trails and natural areas • Fiscal impact to Parks budget is small. Project costs are in -kind (current CIP/Parks Major Maintenance) and/or off-set by Reservoir 18 park and trail improvements at Sunrise Park. • Staff recommends adoption of findings and Resolution to add these projects to Attachment A of the 2007 Natural Areas Local Share IGA between Metro and City of Tigard pp! Tigard:An equitable community that is walkable, healthy, and accessible for everyone. . . 4 - 4'.. _ Thankyou ! . . islop —17 ,� Questions? r ,, -1* '` _ . Sunrise Pb , f i . . •i _ .- _ Y -.' . tea. -pg ... iv 41 ir. . la ,.. .. . - . • Orlii -.„. ' s. .' • •:' ,r,: ... •I if; t -•.4.,..1- ...-.:, ..ft:. *. t. . • , O. pp! Tigard:An equitable community that is walkable, healthy, and accessible for everyone. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 22- A RESOLUTION ADDING PROJECTS TO ATTACHMENT "A" OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN METRO AND CITY OF TIGARD UNDER THE NATURAL AREAS LOCAL SHARE PROGRAM CONTRACT NO. 927849 WHEREAS, the City of Tigard and Metro have an existing Intergovernmental Agreement (the IGA) under the 2006 Natural Areas Local Share Program;and WHEREAS, the City of Tigard and Metro are in agreement that alternative projects are necessary to mitigate the impact of the Reservoir 18 project on the Sunrise Park Property;and WHEREAS, the City and Metro engaged in the process under Section 8 of the IGA in order to allow the Sunrise Park Property to be used for the reservoir project, including getting an appraisal of the property, holding a public hearing on August 23,2022,and adopting findings;and WHEREAS, the City of Tigard and Metro are in agreement to add the identified alternative projects to Attachment"A"of the IGA. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City adopts the following findings pursuant to Section 8 of the IGA: (1) The City's decision to use the Sunrise Park Property in a manner inconsistent with the intended and stated purposes of the Metro bond measure, a portion of which was used to purchase the original property,is the result of unforeseen circumstances. (2) The City's intent, at the time it purchased the Sunrise Park Property,was to use it in a manner consistent with the intended and stated purposes of the Metro bond measure, that is,for use as a park,open space,natural area,or trail. (3) The City provided Metro advance written notice of its intent to authorize the change in use and Metro waived strict compliance with the IGA's requirement of 180 days. (4) The City held a public hearing regarding the matter, consistent with its adopted public meeting procedures, prior to making a final decision to change the use of the property and adopts this resolution and findings that the conditions in Subsections 8(A)(1) through (4) of the IGA have been satisfied. SECTION 2: The alternative projects identified as P1: River Terrace Town Center Community Park — Green Space and Trail; P2: Sunrise Lane Trail Improvement; and P3: Upper Powerline Westside Trail Planning are adopted and made part of Attachment"A"to the IGA. SECTION 3: This resolution is effective immediately upon passage. RESOLUTION NO. 22- Page 1 PASSED: This day of 2022. Mayor- City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO. 22- Page 2 • AGENDA ITEM No. 7 Date: August 23, 2022 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the City Council on: Public Hearing and Addition of Projects to Attachment A of the Metro Local Share IGA This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 7 Date: August 23, 2022 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.