City Council Packet - 09/03/2024 71 • City of Tigard
Tigard Business Meeting —Agenda
TIGARD
TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND SEPTEMBER 3,2024- 6:30 p.m.Business Meeting
TIME:
MEETING LOCATION: Hybrid- City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 - See
PUBLIC NOTICE below
PUBLIC NOTICE: In accordance with Oregon House Bill 2560,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 by noon the day
before the meeting date.
•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.
•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 two minutes.
•You may comment by video through the Teams app.Go to this link to learn how to participate by
videa September 3,2024 Council Meeting
(https://www.tigard-or.gov/Home/Components/Calendar/Event/7091/372).
Upon request,the City will endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments;and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers,it is important to allow as much lead time as
possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling:
503-718-2419 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
VIEW LIVESTREAM ONLINE:https://www.tigard-or.gov/boxcast
CABLE VIEWERS:The City Council meeting will be shown live on Channel 21 (1st Tuesdays) and Channel 28 (2nd&
4th Tuesdays) at 6:30 p.m.The meeting will be rebroadcast at the following times on Channel 28:
Thursday 6:00 p.m. Friday 10:00 p.m. Saturday 7:30 p.m. Sunday 11:30 a.m. Monday 6:00 a.m.
" City of Tigard
•
•
Tigard Business Meeting—Agenda
TIGARD
TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND TIME: SEPTEMBER 3,2024- 6:30 p.m.Business Meeting
MEETING LOCATION: Hybrid- City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223
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 6:35 p.m. estimated time
A. CONSTITUTION WEEK PROCLAMATION
B. ADULT EDUCATION AND FAMILY LITERACY WEEK PROCLAMATION
3. PUBLIC COMMENT 6:45 p.m. estimated time
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. CITY MANAGER REPORT 7:00 p.m. estimated time
5. CONSENT AGENDA: (Local Contract Review Board) The Consent Agenda is used for routine items
including approval of meeting minutes,contracts or intergovernmental agreements. Information on
each item is available on the city's website in the packet for this meeting.These items may be enacted in
one motion without separate discussion. Council members may request that an item be removed by
motion for discussion and separate action. 7:05 p.m. estimated time
A. ADA RAMP IMPROVEMENTS
• Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate
discussion will be considered immediately after the Council has voted on those items which do not need discussion.
6. LEGISLATIVE PUBLIC HEARING:AN ORDINANCE AMENDING TIGARD MUNICIPAL
CODE CHAPTER 2.60 REGARDING THE CITY ATTORNEY 7:10 p.m. estimated time
7. LEGISLATIVE PUBLIC HEARING:AN ORDINANCE AMENDING TIGARD MUNICIPAL
CODE CHAPTER 2.16 REGARDING THE MUNICIPAL COURT JUDGE 7:15 p.m. estimated
time
8. LEGISLATIVE PUBLIC HEARING: ORDINANCE AMENDING TIGARD MUNICIPAL
CODE CHAPTER 2.64 REGARDING THE TOWN CENTER DEVELOPMENT AGENCY 7:20
p.m. estimated time
9. UPDATE ON HEAT PUMP CASH-IN PROGRAM 7:25 p.m. estimated time
10. NON-AGENDA ITEMS
11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive
Session is called to order,the appropriate ORS citation will be announced identifying the applicable
statute.All discussions are confidential and those present may disclose nothing from the Session.
Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS
192.660(4),but must not disclose any information discussed.No Executive Session may be held for the
purpose of taking any final action or making any final decision. Executive Sessions are closed to the
public.
12. ADJOURNMENT 7:40 p.m. estimated time
AGENDA ITEM NO. 3.C. - PUBLIC COMMENT DATE: September 3, 2024
(Limited to 2 minutes or less,please)
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.Please review the"Tigard
City Council Protocol for Public Comment."
NAME&CITY YOU LIVE IN TOPIC
Please Print
Name City
Please spell your name as it sounds if it will help the presiding officer "] Py-J,
pronounce:
Optional: If you want a response from staff,please leave your
contact information: Check one:
Phone or email For ❑ Against ❑ Neutral ❑
Name City
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:
Check one:
Phone or email For 0 Against ❑ Neutral 0
Name City
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:
Check one:
Phone or email For 0 Against 0 Neutral ❑
Name City
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
contactinformation: C..... ................................................................._...,..........................:....._............_..._..........................................__......_
Check one:
Phone or email For❑ Against ❑ Neutral 0
AIS-5611 2.A.
Business Meeting
Meeting Date: 09/03/2024
Length (in minutes): 10 Minutes
Agenda Title: Constitution Week Proclamation
Authored By: Rebecca Hathaway
Presented By: Mayor Heidi Lueb
Item Type: Proclamation
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
A request was received from Marcha Hunt, on behalf of Daughters of the American Revolution, for a
proclamation for Constitution Week, and a statement to be made by one of her grandchildren,who are
junior members of the Oregon Mayflower Society and Children of the American Revolution. They are also
distant cousins of signers of the Constitution: George Washington,James Madison and Benjamin Franklin.
A request was also received from Dorothea White,with Mount Hood Chapter Daughter of the American
Revolution for the same proclamation.
The United States Constitution,America's most important document, stands as a testament to the tenacity
of Americans throughout history to maintain their liberties, freedoms and inalienable rights. Constitution
Week is celebrated annually during the week of September 17-23 to commemorate its history,importance,
and bring attention to how it serves still today.
This celebration of the Constitution was started by the Daughters of the American Revolution. In 1955,
DAR petitioned Congress to set aside September 17-23 annually to be dedicated to the observance of
Constitution Week. The resolution was later adopted by the U.S. Congress and signed into public law on
August 2, 1956,by President Dwight D. Eisenhower.
ACTION REQUESTED
Tigard residents Marcha Hunt and Dorothea White are requesting that Mayor Lueb proclaim Sept 17 - 23 ,
2024 as Constitution Week in Tigard.
BACKGROUND INFORMATION
Dates of Previous and Potential Future Considerations
Constitution Week has been proclaimed annually by Tigard City Council for more than 20 years, at the
request of Ms.White and the DAR.
Public Involvement
It is our history and this is the 237th Anniversary of the signing of the Constitution<
Impacts (Community, Budget, Policies and Plans/Strategic Connection)
There are no fiscal impacts
ALTERNATIVES & RECOMMENDATION
The Mayor could choose not to proclaim Constitution Week,but it is recommended by City Teammates.
ADDITIONAL RESOURCES
https://www.dar.org/national-society/education/constitution-week
Attachments
Constitution Week Proclamation
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",` `4 CONSTITUTION WEEK h�'°
� `'` SEPTEMBER 17-23, 2024 '
WHEREAS it is the privilege and duty of the American people to commemorate the two
a „,� hundred and thirty-seventh anniversary of the drafting of the Constitution of the United States .,. ' 11:
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P' NOW, THEREFORE I, Heidi Lueb by virtue of the authority vested in me as Mayor of the City
::..:.NP�@ of Tigard, Oregon do hereby proclaim the week of September 17 through 23 as
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�. Vkill Dated this 3rdt day of September 2024
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IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of ��
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AIS-5584 2. B.
Business Meeting
Meeting Date: 09/03/2024
Length (in minutes): 5 Minutes
Agenda Title: Adult Education and Family Literacy Week Proclamation
Authored By: Rebecca Hathaway
Presented By: Mayor Heidi Lueb
Item Type: Proclamation
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
There is currently a literacy crisis happening in the U.S., one that disproportionately affects students of
color, and that cannot be ignored. Celebrated annually during the third week in September,which is
Literacy Month,Adult Education and Family Literacy Week uplifts the transformational work that is taking
place in the field of adult education,promotes the need for increased funding, and garners bipartisan
support from state and federal legislators. Adult education empowers communities by lifting individuals out
of poverty,providing basic skills education in correctional settings, and providing a talent pipeline to the
workforce sector.
ACTION REQUESTED
Proclaiming Adult Education and Family Literacy Week for the City of Tigard requested by the Coalition
on Adult Basic Education.
BACKGROUND INFORMATION
Dates of Previous and Potential Future Considerations
Tigard has not proclaimed Adult Literacy and Family Education Week in the past.
Impacts (Community, Budget, Policies and Plans/Strategic Connection)
This proclamation will help educate the community on equity literacy,which helps us to recognize even the
subtlest forms of bias,inequity, and oppression related to race, class,gender identity and expression, sexual
orientation, (dis)ability,language, religion,immigration status, and other factors.
ALTERNATIVES & RECOMMENDATION
The Mayor could choose not to proclaim Adult Literacy and Family Education week, but the City
recommends supporting this proclamation.
ADDITIONAL RESOURCES
Coalition on Adult Basic Education
Attachments
Adult Education and Family Literacy Proclamation
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ev� t PROCLAMATION IN HONOR OF ADULT EDUCATION
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� .° AND FAMILY LITERACY WEEK
SEPTEMBER 16 — 20x
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WHEREAS, more than 43 million Americans can't read or write at the most basic level while _V
`, 62.7 million lack basic math skills, as well as the credentials and skills necessary to succeed . If�
,'' 1 in post-secondary education; and `° $� ,µ
WHEREAS, every year, one in three young adults drops out of high school; and F
WHEREAS, American Action Forum estimates that America is short an estimated 7.5 million t�'
i,FitA2. private sector workers across all skill levels; andt
WHEREAS, Adult Education programs contribute to solving these challenges by helping
, . -' Americans move along the continuum in their educational journey to achieve basic skills and • � '
_ get prepared for career and college; and s 1. ;,
WHEREAS, Adult Education programs in high schools and adult schools, community -iO4,.7.1
--11t->:!,•,kitiviiiiiii •, ; colleges and community centers offer low-cost, high-value programs that upgrade the skill set s�aa 1
Thiia+ t aid E5�' ''-4,..`,±
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ki•-!,*(- WHEREAS, the City of Tigard celebrates Adult Education and Family Literacy Week as a 7
proud participant in the national Educate & Elevate Campaign which helps our citizens learna
4;:: • about all of their Adult Education options to attain their professional and personal goals.
' gy m ; NOW, THEREFORE BE IT RESOLVED, that I, Heidi Lueb, Mayor of the City of Tigard,-41)110 :.I
itt,:;;;41-..gii.:.gproclaim Sept 16 -20 as
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ADULT EDUCATION AND FAMILY LITERACY WEEK
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IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
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(�S�° Heidi Lueb, Mayor
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AIS-5606 5.A.
Business Meeting
Meeting Date: 09/03/2024
Length (in minutes): Consent Item
Agenda Title: ADA Ramp Improvements
Authored By: Toni Riccardi
Presented By: Project Manager Nichole George
Item Type: Motion Requested
Public Hearing Yes
Newspaper Legal Ad Required?:
Public Hearing Publication 07/26/2024
Date in Newspaper:
Information
EXPLANATION OF ISSUE
The purpose of this action is to approve the ADA Ramp Improvements contract.
ACTION REQUESTED
Staff recommends the Local Contract Review Board award a contract to D &D Concrete &Utilities for
ADA Ramp Improvements in the amount of$534,503.00 and direct the City Manager to take the steps
necessary to execute the contract.
BACKGROUND INFORMATION
This is the second year of the American Disabilities Act (ADA) Right of Way Program. This program
implements projects from the city's 2019 ADA Transition Plan to provide equal access to public facilities.
It focuses on needs in the right-of-way including curb ramps and pedestrian crossing push buttons.
Selected projects are prioritized based on criteria in the ADA Transition Plan.Work under this contract
includes:
•Constructing thirty (30) ramps including those from last year and new ones identified this year.
•Modifying two school entrances to support the school crossings along Lincoln.
The City issued an Invitation to Bid for the project July 26, 2024,with notice published in the Daily Journal
of Commerce.The Engineer's estimate for the project was $826,505.00. Eleven (11) bids were received and
opened on Thursday,August 8, 2024, at 2:00 p.m.
•D &D Concrete&Utilities - $534,503.00
•Knife River Corp - $596,945.00
•Emery& Sons Construction - $699,622.25
•Turney Excavation- $721,252.00
•MJ Hughs Construction - $731,079.00
•Pacific Excavation,LLC - $738,000.00
•Brown Contracting, Inc - $738,723.00
•Lee Contractors,Inc - $754,797.00
•Angelo Underground- $786,061.00
•Pihl Inc - $799,000.00
•Kerr Contractors - $841,893.50
The project team,including central contracting,has completed responsibility determination reviews
including reference checks on similar projects completed by lowest bidder in accordance with ORS
279C.375,reviewed the bids for errors, and, after these reviews, determined that D &D Concrete &
Utilities has submitted the lowest responsible bid. D &D Concrete &Utilities has no State of Oregon
Construction Board violations and is not on the Bureau of Labor and Industries ineligible list. Accordingly,
it is recommended that the city award the ADA Ramp Improvements contract to D &D Concrete &
Utilities in the amount of$534,503.00.
ALTERNATIVES & RECOMMENDATION
The Local Contract Review Board may reject this contract award recommendation and direct staff to
rescope and resolicit for the work.
ADDITIONAL RESOURCES
None
Fiscal Impact
Cost: $534,503.0
Budgeted (yes or no): Yes
Where budgeted?: FY 2025 CIP 95066
Additional Fiscal Notes:
CIP 95066 is funded by the Transportation SDCs fund. The contract is within the total construction
budget in the FY 2025 CIP and does not represent any change to the overall project budget.
Attachments
No file(s) attached.
AIS-5612 6.
Business Meeting
Meeting Date: 09/03/2024
Length (in minutes): 5 Minutes
Agenda Title: PUBLIC HEARING:AN ORDINANCE AMENDING TIGARD MUNICIPAL
CODE CHAPTER 2.60 REGARDING THE CITY ATTORNEY
Authored By: Shelby Rihala
Presented By: City Attorney Shelby Rihala
Item Type: Motion Requested
Ordinance
Public Hearing-Legislative
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
This proposed ordinance updates Tigard Municipal Code Chapter 2.60 regarding the City Attorney to be
consistent with City Charter.
ACTION REQUESTED
Approval of the proposed ordinance.
BACKGROUND INFORMATION
With the passage of the City of Tigard Charter of 2024, approved by voters in May and effective July 1st of
this year, several code updates are necessary to bring the current Municipal Code language in line with the
new Charter language. This proposed ordinance addresses one such chapter,Tigard Municipal Code
Chapter 2.60, related to the City Attorney. The revisions are intended to match the Charter language and
do not include additional substantive changes.
ALTERNATIVES & RECOMMENDATION
Council could propose additional amendments to the Municipal Code, consistent with the Charter.
ADDITIONAL RESOURCES
Attachments
Ordinance
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 24-
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 2.60 REGARDING THE
CITY ATTORNEY
WHEREAS,the City of Tigard Charter of 2024,which was approved by voters in May and went into effect on
July 1,2024,was significantly updated since the previous version;and
WHEREAS,the City's Municipal Code must now be updated to match the language in Charter;and
WHEREAS, the proposed change in this ordinance ensure that the Municipal Code is consistent with City
Charter.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Chapter 2.60 is amended to read as follows (new text in underline,
deleted text in strikcthrough):
2.60.010 Appointment and Removal.
The City Attorney shall be is appointed by the consent of the Council,based.The Attorney
shall be appointed solely on the basis of qualifications and experience and without regard to
political considerations.Th City Attorney must be an active member in good standing of the
Oregon State Bar. Appointment and removal of the City Attorney hall requires the prior
consent of a majority of the full Council recorded at a public meeting. Cause hall is not be
required for removal of the City Attorney.
2.60.020 City Attorney,Authority
The City Attorney is the chief legal officer for the City. The City Attorney appoints,manages,
and may remove any employees who work exclusively in and for the City Attorney's office.
SECTION 2: This ordinance is effective 30 days after its passage by the council, signature by the mayor,
and posting by the city recorder.
PASSED: By vote of all council members present after being read by number and
tide only,this day of ,2024.
Carol A. Krager, City Recorder
ORDINANCE No. 24-
Page 1
APPROVED: By Tigard City Council this day of ,2024.
Heidi Lueb,Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 24-
Page 1
AGENDA ITEM No. 6 Date: September 3, 2024
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before the City Council on:
Legislative Public Hearing:
AN ORDINANCE AMENDING TIGARD
MUNICIPAL CODE CHAPTER 2.60
REGARDING THE CITY ATTORNEY
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 and is openly
available to all members of the public. The names and city 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. 6 Date: September 3, 2024
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.
AIS-5613 7.
Business Meeting
Meeting Date: 09/03/2024
Length (in minutes): 5 Minutes
Agenda Title: PUBLIC HEARING:AN ORDINANCE AMENDING TIGARD MUNICIPAL
CODE CHAPTER 2.16 REGARDING THE MUNICIPAL COURT JUDGE
Authored By: Shelby Rihala
Presented By: City Attorney Shelby Rihala
Item Type: Motion Requested
Ordinance
Public Hearing-Legislative
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
This proposed ordinance updates Tigard Municipal Code Chapter 2.16 regarding the Municipal Judge to be
consistent with City Charter.
ACTION REQUESTED
Approval of the proposed ordinance.
BACKGROUND INFORMATION
With the passage of the City of Tigard Charter of 2024, approved by voters in May and effective July 1st of
this year, several code updates are necessary to bring the current Municipal Code language in line with the
new Charter language. This proposed ordinance addresses one such chapter,Tigard Municipal Code
Chapter 2.16, related to the Municipal Judge. The revisions are intended to match the Charter language
and do not include additional substantive changes.
ALTERNATIVES & RECOMMENDATION
Council could propose additional amendments to the Municipal Code, consistent with the Charter.
ADDITIONAL RESOURCES
Attachments
Ordinance
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 24-
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 2.16 REGARDING THE
MUNICIPAL COURT JUDGE
WHEREAS,the City of Tigard Charter of 2024,which was approved by voters in May and went into effect on
July 1,2024,was significantly updated since the previous version;and
WHEREAS,the City's Municipal Code must now be updated to match the language in Charter;and
WHEREAS, the proposed change in this ordinance ensure that the Municipal Code is consistent with City
Charter.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Chapter 2.16 is amended to read as follows (new text in underline,
deleted text in strikethrough):
2.16.010 Tigard Municipal Court.
Pursuant to Section 4.3 of the City of Tigard Charter, the Tigard Municipal Court has
subject matter jurisdiction over every offense created by City ordinance and to the fullest
extent allowed by law over all misdemeanors and violations defined and made punishable
under state law,unless limited by City ordinance.The ordinance codified in Chapters 2.16
through 2.26 shall be known as the "City of Tigard Court Procedures Ordinance of 1985"
and may be cited as such.
2.16.020 Municipal Judge.
The office of Municipal Judge of the City of Tigard, as provided by Section 10 of Chapter
-- -. - , -. . : -- : : :-- .- . -- : - .. -: . . a- is appointed solely on the
basis of qualifications and experience without regard to political considerations.
Appointment and removal of the Municipal Judge by the Mayor shall requires the prier
consent of a majority of the full Council recorded at a public meeting. Cause shall is not
be required for removal of the Municipal Judge.
The compensation of the Municipal Judge shall be fixed by resolution of the City Council.
2.16.030 Pro Tempore Municipal Judge.
The office of City may appoint one or more Pro Tempore Municipal Judges. of the
Municipal Court for the City is created. One or more pro tempore municipal judges may
be incumbent at any given time.The holder(s) of the office shall be subject to appointment
and removal in like manner as herein provided with respect to the Municipal Judge.A pro
tempore municipal judge shall may act only when the Municipal Judge is unable to perform
his their duties by reason of absence from the City, illness, vacation, disqualification as
ORDINANCE No. 24-
Page 1
provided by ORS §221.353, or as specifically dctcrmincd by the Court Administrator,and
in such circumstances the court personnel will assign one of the pro tempore judges to
:serve in lieu of the Municipal Judge.
The Pro Tempore Municipal Judge shall have the same powers and be compensated in the
:same manner as the Municipal Judge.
2.16.040 Qualification of Judges.
All municipal court judges,including judges pro tempore,must be active members in good
standing of the Oregon State Bar. The incumbent in the office of Municipal Judge and
each of the offices of Pro Tcmporc Municipal Judge shall be a person in good standing to
practice law before the Supreme Court of the state of Oregon.
2.16.050 Powers of Municipal Judges.
The Municipal Presiding Judge exercises general supervision over the judicial functions of
the Municipal Court and its judges and has authority over the dockets and assignment of
cases. when acting as such, shall perform all the duties and Municipal Judges have all the
inherent and statutory powers of a Justice of the Peace within the jurisdictional limits of
the office of Municipal Judge,and such additional powers as may be specifically conferred
by the Tigard Municipal Code,including the power to issue search warrants and warrants
to enter property and abate civil infractions.
2.16.060 Time for Holding Court.
The Municipal Judge shall may establish by order a regular time and regular place for
holding court sessions. In addition, Municipal Court may be held at such other times as
the Judge deems reasonable and necessary for the protection of the rights of persons
accused of violation of City ordinances.
2.16.070 Warrants.
A warrant may be issued if the Municipal Judge is satisfied that there are facts and
circumstances tending to show that the objects of the requested search are in the places
identified in the request, or, in the case of a warrant to enter property and abate a civil
infraction,that the infraction exists. Request for warrants should normally be supported by
affidavits,however,when circumstances make it impractical for the warrant to be obtained
in person it may be granted by telephone based on oral statements made under oath. The
oral statement shall will be recorded and transmitted and retained as a part of the record of
the proceeding.
SECTION 2: This ordinance is effective 30 days after its passage by the council, signature by the mayor,
and posting by the city recorder.
PASSED: By vote of all council members present after being read by number and
title only,this day of ,2024.
ORDINANCE No. 24-
Page 1
Carol A. Krager, City Recorder
APPROVED: By Tigard City Council this day of ,2024.
Heidi Lueb,Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 24-
Page 1
AGENDA ITEM No. 7 Date: September 3, 2024
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before the City Council on:
Legislative Public Hearing:
AN ORDINANCE AMENDING TIGARD
MUNICIPAL CODE CHAPTER 2.16
REGARDING THE MUNICIPAL COURT
JUDGE
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 and is openly
available to all members of the public. The names and city 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: September 3, 2024
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.
AIS-5617 8.
Business Meeting
Meeting Date: 09/03/2024
Length (in minutes): 5 Minutes
Agenda Title: LEGISLATIVE PUBLIC HEARING: ORDINANCE AMENDING TIGARD
MUNICIPAL CODE CHAPTER 2.64 REGARDING THE TOWN CENTER
DEVELOPMENT AGENCY
Authored By: Shelby Rihala
Presented By: City Attorney Rihala
Item Type: Motion Requested
Ordinance
Public Hearing-Legislative
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
This proposed ordinance updates Tigard Municipal Code Chapter 2.64 regarding the Town
Center Development Agency to be consistent with City Charter.
ACTION REQUESTED
Approval of the proposed ordinance.
BACKGROUND INFORMATION
With the passage of the City of Tigard Charter of 2024, approved by voters in May and effective July 1st of
this year, several code updates are necessary to bring the current Municipal Code language in line with the
new Charter language. This proposed ordinance addresses one such chapter,Tigard Municipal Code
Chapter 2.64, related to the Town Center Development Agency. The new Charter removed the
requirement for a public vote on tax increment financing plans and amendments and this ordinance reflects
that change. Additionally, the Charter now requires Council ground rules, so the reference to rules is
deleted from this chapter in order to avoid any potential conflict with Council's adopted ground rules.
ALTERNATIVES & RECOMMENDATION
Council could propose additional amendments to the Municipal Code, consistent with the Charter.
ADDITIONAL RESOURCES
Attachments
Ordinance
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 24-
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 2.64 REGARDING THE
TOWN CENTER DEVELOPMENT AGENCY
WHEREAS,the City of Tigard Charter of 2024,which was approved by voters in May and went into effect on
July 1,2024,was significantly updated since the previous version;and
WHEREAS,the City's Municipal Code must now be updated to match the language in Charter;and
WHEREAS, the proposed change in this ordinance ensure that the Municipal Code is consistent with City
Charter.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Chapter 2.64 is amended to read as follows (new text in underline,
deleted text in strikcthrough):
2.64.010 Need Declared.
Pursuant to ORS 457.035,the city council declares that blighted areas now exist in the city
and that there is currently a need for an urban renewal agency to function in the city.
2.64.020 Title.
The urban renewal agency created by this chapter shall be known as is referred to as the
Town Center Development Agency.
2.64.030 Membership.
The Board of the Town Center Development Agency shall be is comprised of members
of the city council as it lawfully exists from time to time. Any change in membership of
the city council smell automatically, and without need for further legislative action,
constitutes an identical change in the membership of the Board of the Town Center
Development Agency.
2.64.040 Powers.
Subject to the limitations imposed by Section 2.64.050, the Town Center Development
Agency shall have has authority to exercise all powers available to the agency under ORS
Chapter 457, including, but not limited to, the power of eminent domain. The powers
conferred to this agency by ORS Chapter 457 are in addition and supplemental to the
powers conferred by any other law.
ORDINANCE No. 24-
Page 1
2.64.050 Limitation on Action.
Any act of the Board of the Town Center Development Agency shall be considcrcd is the
act of the urban renewal agency only and shall will not be considered an act of the city
council, even though membership of both are identical. The Town Ccntcr Development
Agency shall not exercise any power which,by Charter, requires voter approval.
2.61.060 Rules of Procedures.
A. The agency shall serve with integrity, perform the duties of the position and obey the
laws of the federal, state and local govcrnmcnts.This is required to protect the public's
confidence in the integrity of their local government's fair and effective operation.
B. Council will govern proceedings of the agency where they do not conflict with these
rules or statutory provisions.
C. A violation of the council shall not be considcrcd a basis for challenging the validity of
any agency decision.
D. An agency member may be subject to a council resolution of censure for misconduct,
nonperformance of duty and failure to obey the laws of the fcdcral, state and local
governments. Misconduct includes not honoring the provisions of the council
groundrules.
E. Early recognition of the questioned conduct is encouraged. Progressive counsel may
occur with the agency member but is not required prior to passage of a resolution of
censure.
2.64.0760 Advisory Commission Established.
The Town Center Advisory Commission is established. The commission shall may be
comprised of up to 15 members appointed by the city council. The purpose of the
commission is to assist in implementation of the city's duly enacted urban renewal p }
plans, to make recommendations to the Town Center Development Agency, and to help
inform Tigard's citizens community members of the content and activities of urban
renewal plans.
SECTION 2: This ordinance is effective 30 days after its passage by the council, signature by the mayor,
and posting by the city recorder.
PASSED: By vote of all council members present after being read by number and
title only,this day of ,2024.
Carol A. Krager, City Recorder
APPROVED: By Tigard City Council this day of ,2024.
ORDINANCE No. 24-
Page 1
Heidi Lueb,Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 24-
Page 1
AGENDA ITEM No. 8 Date: September 3, 2024
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before the City Council on:
Legislative Public Hearing:
ORDINANCE AMENDING TIGARD
MUNICIPAL CODE CHAPTER 2.64
REGARDING THE TOWN CENTER
DEVELOPMENT AGENCY
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 and is openly
available to all members of the public. The names and city 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. 8 Date: September 3, 2024
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.
AIS-5585 9.
Business Meeting
Meeting Date: 09/03/2024
Length (in minutes): 15 Minutes
Agenda Title: Update on Heat Pump Cash-in Program
Authored By: Tina Escalera
Presented By: Tina Escalera
Item Type: Update,Discussion,Direct Staff
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
An update on the Economic Development team's Heat Pump Cash-In program which encourages
homeowners in the city to install new energy-efficient heat pumps.
ACTION REQUESTED
No Council action is needed.
BACKGROUND INFORMATION
The Tigard Heat Pump Cash-In Program is a pioneering initiative born from Oregon Department of
Energy funding, aimed at fostering investment in climate-friendly infrastructure. This innovative program
represents a collaboration between the City of Tigard and Earth Advantage, designed to provide residents
with access to energy-efficient heating and cooling solutions. Earth Advantage is a nonprofit organization
that partners with entities across the country to develop tangible, systemic solutions for climate-friendly
housing.
Program Development and Partnerships
This climate-friendly energy efficiency program encourages Tigard homeowners to install heat pumps by
removing the cost barrier--with up to $11,000 in reimbursement. The program was developed by the City
of Tigard,in collaboration with Earth Advantage, and represents a first-of-its-kind approach in the region.
Leveraging relationships with local contractors, the Energy Trust of Oregon, and trade associations
working with BIPOC (Black,Indigenous, and People of Color) contractors, the program was carefully
crafted to ensure broad access and participation.When an applicant is selected for funding through the
heat pump installation rebate, funds are earmarked from Earth Advantage's funds.After successful
installation&inspection, the city makes payment to the contractor and Tigard is reimbursed by Earth
Advantage. There is no net loss to the city for managing the program.
Program Launch and Immediate Impact
Within a month of its launch on April 4, 2024, the Tigard Heat Pump Cash-In Program received an
overwhelming response from the community with 104 applications. This rapid uptake prompted Earth
Advantage and the City of Tigard to pause the intake of new applicants to the program on May 11, 2024,
to effectively manage the high demand.Applications from homeowners that did not have a functioning
heating or cooling system,were over the age of 60, disabled, and/or were below the federal poverty level
were given priority.
We are currently working with 22 qualified households to complete heat pump installations. Once they
have all been completed, Earth Advantage will re-evaluate the funding available for our region and possibly
reopen the program.
Key Statistics from the Program's Applicants:
•54% of applicants are over the age of 60, highlighting the critical need for effective cooling systems
among older residents.
• 16% of applicants are disabled, showing the program's vital role in supporting vulnerable
community members.
•20% of applicants identify as a race other than white,reflecting the program's success in reaching
diverse populations.
•44% of applicants had no functioning cooling system, emphasizing the urgent demand for affordable
cooling solutions.
Financial Impact and Community Benefit
In just six weeks, the City of Tigard allocated the program's entire $200,000 in reserved funds. This
achievement underscores the community's significant need for, and interest in, energy-efficient
technologies.A key measure of the program's success was realized during a recent heatwave, as participants
were provided with life-saving cooling solutions. The Tigard Heat Pump Cash-In Program not only meets
immediate needs,but sets a precedent for future climate-friendly initiatives in the region.
As the first program of its kind,this initiative has drawn attention from neighboring cities, eager to
implement similar models. The Tigard Heat Pump Cash-In Program demonstrates how collaboration,
innovation, and strategic partnerships can lead to successful,life-saving community programs.
ALTERNATIVES & RECOMMENDATION
The Heat Pump Cash-In Program advances the Tigard City Council's sustainability goals. No alternative
policy action is needed.
ADDITIONAL RESOURCES
N/A
Attachments
Slideshow
Tigard Heat Pump Cash - In Program
Am,.
Presented by:11111" : Tina Escalera y
HEAT PUMP Economic Development Specialist
CASH-IN PROGRAM
iti
Tigá°rd
The 5 E's — Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence
Tigard Heat Pump Cash - In Program
Air Source Heat Pumps Heat pumps are an energy-
Heating Cycle
efficient alternative to air
conditioners and furnaces and
Low-Prossurr, Reversing Valve High-Pressure,
Low V pourm pc dturc , , High-Vapourature can be used in all climates.
1
1
Rglrtgarant Absorb
from Air I
C anp Dli sails tp Vapour
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Coil 1=>
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On average heat pumps use 40-
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[nni�rGSSPr
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C- I _ Reaa�R nt�sr�a 60% less energy compared to
I a Liquid State
LOW-Prtisure, 4atpbnylOn p�,rlG@ I High-Pressure, traditional heating or cooling
Low-Temperature High-Tem pe ratu re
Liquid Liquid systems.
- CITY OF
111 _ " Tigard
The 5 E's — Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence
Tigard Heat Pump Cash - In Program Partners
iink OREGON iiii*IN
earthadvantage
-- pie" DEPARTMENT OF IPA
ENERGY
Grant dollars provide financial
IPP :4S-
,
assistance for the purchase and CIGAR
HEAT PUMP
installation of heat pumps and • CITY OF CASH-IN PROGRAM
related upgrades. Tigard
iir . CITY OF
Tigard
The 5 E's — Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence
Tigard Heat Pump Cash - In Program Process
Pr' _ • Online Application
• Eligibility and prioritization
'Nit.\--„,,,,,,.., _____, ---.4.-
g Y
\-` a • Funds reserved with Earth
..,,
Advantage
10,* . N • 90 days to complete heat pump
install
,t • Payment of reserved funds
TA requested to Earth Advantage
• Contractor reimbursed
- CITY OF
•
" Tigard
The 5 E's — Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence
Tigard Heat Pump Cash - In Program Impact
Participants
100 %
90 %
80 % To support the program's goal to
70 % provide equitable access to heating
60
50 % and cooling solutions, applicants who
30 ;o belong to environmental justice
20 % communities will be prioritized. These
0 % communities are defined in OAR 330-
Seniors: 60+ Disabled BIPOP90 heating or cooling 270-0040.
■Self Identified Demographics •Total Participants is 22
111
CITY
" Tigard
The 5 E's — Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence
Future of Tigard Heat Pump Cash - In Program
,_ ,...____ ,_. _
• Program Support
• Partnership with Earth
1 �
Advantage w�._r ,;
• Monitoring additional ,
funding sources
�,\'- �
:''ter A :.
A
• Continue to support \ ,,' -
regional interest in __ I - i
program model success . " '� �
itt• Tiçja°rd
The 5 E's — Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence
Tigard Heat Pump Cash - In Program Outcome
.. 4,1 „4 !+
[,. 1 r- i o C C T ,
1/44-N 1•- u.4t-, 'I U.s+tik,4o yarn S '
kiar4 4)1- '' '' ig, • 16 New Heat Pumps installed.
n�� ..} Fe-Cali • 10 Homes received electrical and or
L,..,,,,, ..,4,1,, le_
wj - 4 X1,1 ai,;-r-, dk tr
}oLirryhi' �4- - - P .'"4-- % 6' weatherization upgrades.
b,tru,,r~.1 0 hA,-.t. +5 if, aw 4 .,c.
�611-11- LIP*" ,
` ` `6 • F • $ 125,535 dollars granted from Earth
ejil R�
' V Advantage
k. .,d 4.► cue � �A-4� "�r �
i • Several letters o f appreciation
fwe Bil ''# '`
4 , ,Lareth -.
CITY OF
• 11 Tigard
-
The 5 E's — Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence