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City Council Packet - 11/19/2024 MCITY Of Tigard Business/Workshop Meeting .., Tigard E N DA TIGARD CITY COUNCIL MEETING DATE AND TIME: NOVEMBER 19, 2024- 5:00 p.m. Executive Session; 6:30 p.m. Business/Workshop Meeting Revised 11/14/2024-Added Agenda Items No. 8 and 9 MEETING LOCATION: Meeting will be held in Town Hall, 13125 SW Hall Boulevard, Tigard. 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. 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: 503-639-4171, ext. 2419 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). VIEW LIVESTREAM ONLINE: https://www.tigard-or.gov/boxcast Workshop meetings will be shown live on Channel 21 at 7 p.m. The meeting will rebroadcast at the following times on Channel 28: • Every Monday at 1 p.m. • Every Wednesday at 3:30 a.m. • Every Thursday at 12 p.m. • Every Friday at 12:30 p.m. SEE ATTACHED AGENDA CITY Of Tigard Business/Workshop Meeting Tigard E N DA TIGARD CITY COUNCIL MEETING DATE AND NOVEMBER 19, 2024- 5:00 p.m. Executive Session; 6:30 p.m. TIME: Business/Workshop Meeting Revised 11/14/2024 -Added Agenda Items No. 8 and 9 MEETING LOCATION: Meeting will be held in Town Hall, 13125 SW Hall Boulevard, Tigard 5:00 PM 1. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss the performance review of a public official or employee, 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. 6:30 PM 2. BUSINESS/WORKSHOP MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 3. PUBLIC COMMENT 6:35 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 4. COUNCIL LIAISON REPORTS 6:45 p.m. estimated time 5. COMMUNITY SERVICE ORGANIZATION UPDATE 7:00 p.m. estimated time 6. 2025 LEGISLATIVE AGENDAS 7:20 p.m. estimated time 7. CLIMATE TASK FORCE 7:50 p.m. estimated time 8. ORDINANCE TO AMEND TIGARD MUNICIPAL CODE 2.04 REGARDING CITY MANAGER 8:20 p.m. estimated time 9. CONSIDER THE APPROVAL OF A LEASE AGREEMENT AT 8770 SW BURNHAM STREET 8:25 p.m. estimated time 10. SUPPLEMENTAL QUESTIONS AND ANSWERS 11. NON-AGENDA ITEMS 12. 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. 13. ADJOURNMENT 8:45 p.m. estimated time AGENDA ITEM NO. 3C. - PUBLIC COMMENT DATE: November 19, 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 5/fa w,"'-t.. J i • 7-417-41 (r'CitZy T y i C7; 7 A- — 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 10 Against❑ Neutral ❑ Name K iA City 14 ea f LY 1-1,4 1T cJ Please spell your name as it sounds if it will help the presiding officer pronounce: V. Optional: If you want a response from staff, please leave your ................................................................................................................................................................................................................ contact information: Check I Check one: Phone or email < fit- ktfry & i1Gt)40 v,C' 0 Yv\ For❑ Against❑ Neutral ❑ Name E7 Za 7 -f h cS2r9`Uh City I C �- Please spell your name as it sounds if it will help th presiding a )yl officer pronounce: Optional: If you want a response from staff, please leave your contact information: I Check one: Phone or emailS.pYCA (AC , k ,t C mat L• Covvi. For Against❑ Neutral ❑ Name i e6 , 1N O&i�1 �C1 In City I Please spell your name as it sounds ifik will help the residing officer pronounce: Optional: If you want a response from staff, please leave your ............................................................................................................................................................................................................... contact information: �(�' mV�' Check one: Phone or email S Up QCT i� �Q �c �UV;� For 0 Against❑ Neutral 0 AGENDA ITEM NO. 3C. - PUBLIC COMMENT DATE: November 19, 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 Na0 Names relTD 1 I� f 1/Ck ✓, City-Tra pkk Please spell your name as it sounds if it will help the�presiding officer pronounce: -�� ,►/1 t••1 Optional: If you want a response from staff, please leave your contact information: Check one: Phone or email s(,�f V IACErvoJ e j DA <11 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 ❑ 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 E Against ❑ Neutral D 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❑ Against❑ Neutral ❑ SUPPLEMENTAL PACKET FOR NOVEMBER 19, 2024 f � An official website of the United States government Here's how you kpgw v r:. . i . SEEM noRA 0 Planet saw its 2nd --warmest October in 175year record > 2024 on pace to be world's warmest year on record > EXPLORE NOAA // As pollution increases, world falls further behind climate targets Carbon to Sea, NOAA team up to establish marine carbon dioxide removal guidelines NOAA chief economist named to TIME100 list of most influential leaders in climate NOAA science, leaders and experts take world stage at UN Climate Summit More NOAA news and features > a 0 0 P. Home>News&Features>Features lin at stripes' graphics show U.S. trends by state and county e BY REBECCA LINDSEY REVIEWED BY JARED RENNIE AM PUBLISHED JUNE 20,2024 SHARE 0 tir Related Content In 2018, British climate scientist Ed Hawkins created. collection of graphics that have become known as"Climate Strip."These bar- code-like images turn a location's annual climate data into a row of colored stripes. Each stripe shows one year's temperature or precipitation compared to the long-term average—red bars for warm gears, and blue for cool ones;green for wet years,and brown for dry ones.The darker the color,the bigger the difference from average. Inspired by Hawkins'images,our Climate Stripes collection is based on the NOM climate record for U.S.states; counties;Washington, D.C.; and selected stations in Hawaii.Access the collection through the interactive embedded below. Map features work best when you view in a new window. Climate Stripes for U.S. States and . _ 1111 Washington county Q] 111 11 1 11_11. Temperature 1 nit > Click image for a high resolution version • tr t: r '+ d g • { ;i Lij. t c 1 } . w 04 0 . ;' 0 , M to a Q , a 0 . d 0 S . 0 - Ph 2 in o --, c 411111" 5s 3 . • - o 3 'Q"' l " 40w ` ; %a / i , -7, ,.. 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Workshop Meeting Meeting Date: 11/19/2024 Length (in minutes): 20 Minutes Agenda Title: Community Service Organization Update Authored By: Lindsay Bartholomew Presented By: Item Type: Update, Discussion, Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Community organizations serving the Tigard area are invited to give presentations before Council and share their program offerings and a brief overview of what they provide for the community. This month we are featuring: Broadway Rose Theatre Company and New Narrative. ACTION REQUESTED This is an update only. No action is requested. BACKGROUND INFORMATION Broadway Rose Theatre Company- Presenters: Dan Murphy and Meredith Gordon The City of Tigard awarded this organization $20,000 towards their 2024 Season of Shows at Broadway Rose. This is the 33rd consecutive season of professional musical theatre that Broadway Rose Theatre Company has produced for the Tigard community. The season includes six mainstage musicals, a Theatre for Young Audiences (TYA) musical, and a Teen Summer musical production. They also produce a quarterly cabaret and one-off performances and readings over the year. Their education programming includes a paid technical theatre internship program for high school and college students, a slate of youth spring and summer drama camps, a teen summer musical theatre workshop, teen cabaret classes, and tap and musical theatre dance classes for youth and adult students. Funding from the City of Tigard goes directly toward operating costs associated with producing these live community events. It also helps defray costs related to the additional work they do to provide meeting space for local community organizations that require it. New Narrative - Presenters: Beth Cooke, Sara Dingivan and Nicole Swearingin The City of Tigard awarded this organization $14,300 for Social Services. The funding helps support individuals seeking to eliminate barriers to access supportive housing. In addition to the financial support, New Narrative will provide housing retention, tenant education and budgeting services to these individuals to promote the development of self-sufficiency and housing stability. New Narrative's extensive Housing Services work in Tigard will primarily assist in advancing the Council's Goal to implement actionable, person-centric, and regional response to homelessness. New Narrative works with individuals experiencing homelessness or on the verge of homelessness and provides actionable, person-centric solutions that reduce barriers to obtaining and retaining affordable, safe housing. Using this effective strategy, New Narrative houses hundreds of individuals each year not just in Tigard, but throughout the metro region. ALTERNATIVES & RECOMMENDATION N/A ADDITIONAL RESOURCES N/A AIS-5533 6. Workshop Meeting Meeting Date: 11/19/2024 Length (in minutes): 30 Minutes Agenda Title: 2025 Legislative Agendas Authored By: Nicole Hendrix Presented By: Nicole Hendrix, Assistant to the City Manager Item Type: Update, Discussion, Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Each year, City Council considers its state and federal legislative agenda. In odd years, state legislative sessions are long sessions and include a greater number of opportunities and actions. Legislative agendas highlight city priorities and initiatives, and are used to inform partnerships, positions and priorities of legislative items: bills, investments, projects, and programs. In addition to these legislative agendas, the city and its partners will pursue additional opportunities that align with Tigard' vision and values as they arise. ACTION REQUESTED City Council is asked to affirm Tigard's 2025 State and Federal Legislative Agendas. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations The Council heard the first legislative roadmap workshop for the 2025 session on 6/18/2024. Based on feedback in this workshop and subsequent deep dives into state and federal priorities with Tigard's advocates at CFM, the Tigard team developed a short-list of potential priorities and positions for Council to review in their second workshop meeting, held on 9/17/2024. Tigard's government affairs and advocate consultants, CFM,joined this workshop to answer questions on legislative opportunities for Council to consider. City Council expressed interest in continuing to work towards a Tigard zip code. This item was last discussed in detail at Council on 5/21/2024. Work continues on this initiative and, on the direction of Council, will be included in Tigard's federal legislative agenda. The attached agendas provide overarching priority areas along with specific requests the Tigard team will pursue at the state and federal level in the upcoming year. The Oregon state legislature has its long session (160 days) from January to June 2025. City Council has identified the following priority areas for the long session: Transportation, Housing, and Public Safety. Tigard's federal overarching priorities are focused on Project and Program Funding Requests, Transportation and Infrastructure, and Additional Opportunities, which include Tigard Zip Code, Affordable Childcare, Advanced Refunding, and SALT Deductions. The Tigard team will continue to work closely with our elected officials to apply for project funding and advocate for support of federally-funded programs. In coordination with our partners, Tigard will pursue specific state and federal opportunities that align with our vision and values as they arise. Impacts (Community, Budget, Policies and Plans/Strategic Connection) The state and federal legislative agendas are Tigard's opportunity to advocate for priorities and positions that support of our vision, values, and commitment to community. The recommended agendas advance key initiatives guided by Tigard's Community Promise, Council Goals, and Strategic Plan values of equitable, walkable, healthy, and accessible. Upon approval, the agenda's design will be finalized and then distributed to key partners, neighboring jurisdictions, and other organizations with shared goals. ALTERNATIVES & RECOMMENDATION The Tigard team recommends City Council adopt the legislative agenda language as presented. Alternatively, City Council could provide direction and feedback on these agendas. ADDITIONAL RESOURCES Attachments 2025 State Legislative Agenda Draft 2025 Federal Legislative Agenda Draft Powerpoint - 2025 Legislative Agendas Tiçja°rd 2025 Tigard State Legislative Agenda Transportation—The City of Tigard is led by its strategic vision: to create an equitable community that is walkable, healthy, and accessible for everyone. With this vision in mind,the City of Tigard supports transportation policy and investments that improve the safety, accessibility, and reliability of transportation systems, reduce greenhouse gas emissions, and improve social equity. Specific transportation priorities are: Fully Funded Jurisdictional Transfer of Hall Boulevard.The City of Tigard advocates for full funding of the State of Good Repair and identified Betterments for Hall Boulevard, where it runs through Tigard;total funding requested for the transfer and improvements to Hall Boulevard in Tigard is$50 million.The state's Jurisdictional Transfer Advisory Committee support this application.Together with the Oregon Department of Transportation (ODOT),the City of Tigard looks forward to delivering on the community's vision for this important corridor, demonstrating success in agency collaboration, community engagement, fiscal stewardship, and infrastructure management. Expand Transit Service. In support of statewide goals related to climate, equity, and accessibility, the City of Tigard advocates for investment in transit services and expansion of service areas to better serve community, particularly the most vulnerable. ODOT Project Delivery. Increase funding for ODOT project delivery capacity and prioritization of active transportation infrastructure to avoid costly delays to local agencies. Greenhouse Gas Emission State Reduction Targets.Advance efforts to reduce and regulate emissions to meet the state's carbon reduction goals, including support for Equitable Oregon Electric Vehicle Rebate incentives and the related Charge Ahead incentives and Climate Protection Program. Transportation Funding.The City supports maintaining the current transportation funding split between state, county, and cities. Additionally, the City is supportive of diversifying revenues to sustain transportation projects as the gas tax revenue continues to decline. Housing Services—Tigard supports increased funding and legislation for stable, climate-friendly housing, land use, and support services.The City also advocates for State requirements to include funding for cities to implement those requirements. Houselessness Services.Tigard supports funding efforts to respond to immediate health and wellness services for houseless community members.The City supports clarity on the definition of"reasonableness"will support consistency in how of Time, Place, Manner is implemented between cities. Tenant Protections. Rent assistance programs should be expanded to ensure that Oregonians remained housed and the state's housing crisis does not grow worse. The state should establish a legal aid fund to ensure landlord adherence to tenant protection laws. Affordable Housing Reform.Tigard supports the provision of state funds to backfill local system development charge exemptions for the development of affordable housing. The city seeks 1 Tiçja°rd greater protection for tenants in affordable housing development with expiring covenants, as well as a permanent state preservation fund for affordable housing. Public Safety- Behavioral Health Deflection Programs.Tigard supports HB 4002,which establishes a community-based pathway to treatment, housing, and other services for individuals possessing or using controlled substances. Our Community Promise-- the "5 E's"of Equity, Environment, Economy,Engagement,and Excellence--is the lens through which we approach all initiatives and guide the work we do. This agenda highlights key city priorities and is one tool to support and advocate for important initiatives. In coordination with our partners, Tigard will pursue additional opportunities that align with our values as they arise. 2 i CITY OF 1lLtTigard 2025 Tigard Federal Legislative Agenda Project and Program Specific Funding Requests: Public Safety Facility Planning.To deliver on its commitments to public safety, emergency response, and providing core service levels,the City of Tigard seeks funding to plan our new city facility which will house Tigard Police, Public Works, and our Emergency Operations Center.This new resilient and green facility will ensure continuation of services in emergency situations and support downtown redevelopment efforts. Current city facilities, including those for Police, Public Works, and Emergency Operations, are functionally limited, seismically unsafe, and overcrowded. 72"d Ave Corridor Improvements.Tigard is requesting$15,792,000 from the Rebuilding American Infrastructure with Sustainability and Equity Grant Program (RAISE)towards final design and construction of The Ave—A New Mobility Corridor for an Equitable Tigard Triangle project. Federal funding will leverage almost$4,000,000 in non-federal funding to implement a Complete Streets design along SW 72nd Avenue, transforming a congested, automobile-oriented arterial, into an attractive, safe, multimodal street for all users. Cook Family Park ADA-Accessible Boat Dock.The City of Tigard is seeking$730,000 to build an ADA- accessible boat dock at Cook Family Park with a total project cost of$910,000, increasing community access to the Tualatin River, a valuable natural resource in Tigard.The City has committed $180,000 and will seek state funding to leverage any federal support. Heat Pump Financial Assistance Program. The City supports efforts to secure funding to continue the successful Heat Pump incentive program, first launched in summer 2024.Tigard established a program that incentivizes homeowners to install new energy efficient heat pumps with financial assistance of up to$11,000 per home. Within 2 months,the City allocated the majority of the $200,000 fund, primarily for low income and older adults, with continued community demand. Transportation and Infrastructure The City of Tigard supports equitable, accessible, safe, and climate--friendly transportation and infrastructure policy and investments.Tigard plans to pursue opportunities accessible to cities from the Infrastructure Investment and Jobs Act and Inflation Reduction Act. Transportation Reauthorization Bill.Tigard supports protecting funding opportunities within the transportation reauthorization bill that can be used to expand surface and public transportation programs, in key areas of the City such as the greenfield site known as River Terrace. Resilient Infrastructure. Cities need federal support to build and invest in sustainable, resilient, and inclusive infrastructure. Backup emergency power generation for water intake and treatment is one example of resilient infrastructure that Tigard is pursuing funding for in partnership with the City of Lake Oswego. Direct investment will help meet the growing demands on our infrastructure to support resilient communities. 1 i CITY Of 1LMTigard Southwest Corridor Light Rail.The City of Tigard supports funding to deliver this valuable transit corridor that provides expanded access to jobs, education, and affordable housing.Tigard is joined by agencies and cities, including Portland, Beaverton, and Tualatin, working to extend light rail service. Once complete, Southwest Corridor Light Rail is expected to carry around 40,000 passengers daily and reduce congestion throughout the region and on major corridors, including I-5. Electric Mobility Transition.Tigard supports further increased access to electric mobility infrastructure and incentives for electric mobility adoption in low-income households and communities to ensure that the electric mobility transition is equitable. The City supports funding inclusive of micro-mobility modes, shared mobility, and Mobility as a Service models. Affordable Housing.Tigard supports legislation to remove barriers for local governments to address the housing affordability crisis and federal investments that increase access to, and supply of, affordable housing units or funding programs. Additional Opportunities Tigard ZIP Code.As part of the National ZIP Code Advocacy Coalition,Tigard is seeking an adjustment of 97223 or 97224 to list Tigard as the primary city and bring addresses within city boundaries into those ZIP codes.Tigard supports efforts to expedite review and implementation of such changes to afford cities their own identifiers. Affordable Childcare.Tigard supports the creation of a grant program to lower the barrier to entry for at-home childcare and explore other opportunities to increase facilities within the and reduce the cost of childcare. Restore Advanced Refunding.The City supports refinancing of municipal bonds which was eliminated in the 2017 tax bill. Refinancing bonds lowers the debt service for local governments and is a financing tool that reduces the burden on community members. Restore State and Local Tax(SALT) Deductions.Tigard supports restoring SALT deductions since the City's residents pay an unequitable portion of their income in taxes as a result of upper limit placed on SALT deductions in the 2017 tax bill. This agenda highlights key city priorities and is one tool to support and advocate for important initiatives. In coordination with our partners, Tigard will pursue specific opportunities that align with our values as they arise. 2 2025 Tigard Legislative Agendas A ‘ Council tvem ber 19, 2024 Tigard Ti 'a°rd The 5 E's — Tigard's EbEn5nElaityTIRgarclis 8qurtyrpitf Kcaniwracpayan6nr*orfnngaporEenhor ycel ement • Excellence Council Action Consider adopting the proposed 2025 state and federal legislative agendas. ➢ Review draft legislative agenda items; Consider adoption of agendas Include any recommended edits with adoption 11711' CITY DF Tigard The 5 E's — Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Agenda D & Considerations • City Initiatives such as • City Council Workshops • June 18 and Se pt 17 Council Goals, Strategic • Input for internal team subject Plan, and Community matter experts and leadership Promise: ❖ Equity • CFM Advocates ❖ Environment • National League of Cities and ❖ Economy League of Oregon City ':• Engagement g g ❖ Excellence iTi priorities CITY DF Tigard The 5 E's — Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence State Legislative Items lIl Transportation Housing Additional Opportunities ❖ Fully Fund Hall Blvd ❖ Houselessness services ❖ Behavioral Health Jurisdictional Transfer ❖ Tenant protections Deflection Program ❖ Expand transit service ❖ Affordable housing ❖ ODOT project delivery reform ❖ Greenhouse gas emission state reduction targets Mii• Transportation funding CITY OF TI g a rd The 5 E's — Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Federal Legislative Items Project Funding Transportation and l Additional Requests Infrastructurer Opportunitie ❖ City Facility Planning ❖ Transportation ❖ Tigard ZIP Code ❖ 72nd Ave Reauthorization + Affordable Improvements ❖ Resilient Childcare ❖ Cook Family Park ADA infrastructure ❖ Restore Advanced Boat Dock Refunding ❖ SW Light Rail ❖ Heat Pump Program State & Local Tax '•' Assistance ❖ Electric mobility Deduction ❖ Affordable housing • CITY DF TI g a rd The 5 E's — Tigard's Community Promise: Equity • Environment . Economy • Engagement • Excellence Council Action • Consider adoption of state and federal legislative agendas. • Include any recommended edits with adoption. 11," • CITY OF The 5 E's — Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Tigard AIS-5658 7. Workshop Meeting Meeting Date: 11/19/2024 Length (in minutes): 30 Minutes Agenda Title: Climate Task Force Authored By: Lindsey Washburn Presented By: Lindsey Washburn, Strategic Initiatives Program Manager - Climate Item Type: Update, Discussion, Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Council workshop will be an opportunity to discuss and provide direction on the City creating a Climate Task Force. ACTION REQUESTED Approve the formation of a Climate Task Force focused on the development of a city-wide Climate Action Plan. BACKGROUND INFORMATION From wildfire smoke to extreme heat, our community is regularly impacted by climate change. Tigard City Council declared climate action a priority in April 2021 and "Address Climate Change" is one of the four Council Goals. Part of the Council's work involves prioritizing climate action that both reduces the community's impact on the climate crisis, and makes the community resilient to the inequitable impacts of climate change. This includes strategies to mitigate the carbon pollution impact of City operation, engaging with homeowners and renters, and exploring additional incentive programs for the community. The City is currently underway in its work to evaluate internal operations and reduce carbon emissions. This phase of work is referred to as the "Focused Climate Action Plan" since we are targeting City operations. The next phase of work involves the development of a larger Climate Action Plan (CAP) that would guide the City of Tigard and community in strategies to protect our environment and improve resilience to climate change. Community engagement is a key component of the CAP and the City plans to involve the community in several ways during this process. The formation of a City of Tigard Climate Task Force is one avenue for community participation that City staff recommend to Council for consideration. ALTERNATIVES & RECOMMENDATION Council can amend the staff recommendations for the formation of the Climate Task Force. ADDITIONAL RESOURCES Attachments Climate Task Force Framework Climate Task Force Council Slides e., Tiçjá?d Climate Task Force Framework Overview Review proposal for a Climate Task Force and provide direction to City staff. Background From wildfire smoke to extreme heat, our community is regularly impacted by climate change. Tigard City Council declared climate action a priority in April 2021 and "Address Climate Change" is one of the four Council Goals. Part of the Council's work involves prioritizing climate action that both reduces the community's impact on the climate crisis, and makes the community resilient to the inequitable impacts of climate change. This includes strategies to mitigate the carbon pollution impact of City operation, engaging with homeowners and renters, and exploring additional incentive programs for the community. The City is currently underway in its work to evaluate internal operations and reduce carbon emissions. This phase of work is referred to as the Focused Climate Action Plan and involves feasibility studies targeting City operations. The Focused Climate Action Plan should be completed by April, in time to present the findings and recommendations on Earth Day at Council's April 22, 2025 meeting. The next phase of work involves the development of a larger Climate Action Plan (CAP) that would guide the City of Tigard and community in strategies to protect our environment and improve resilience to climate change. Goals of the Climate Action Plan • Reduce Greenhouse Gas (GHG) Emissions: Establish targets to align with regional, national, and global climate goals. • Increase Climate Resilience: Protect critical infrastructure, reduce extreme heat risks, and prepare for emergency weather events. • Promote Equitable Solutions: Address climate impacts on vulnerable and disproportionally impacted communities. • Enhance Community Health: Improve air quality, promote sustainable transit, and increase green spaces. • Foster Sustainable Economic Growth: Develop sustainable building standards. Community engagement is a key component of the CAP and the City plans to involve the community in several ways during this process. The formation of a City of Tigard Climate Task Force is one avenue for community participation that City staff recommend to Council for consideration. Proposed Climate Task Force Purpose Developing a Climate Action Plan (CAP) is essential to mitigate climate impacts, transition to a sustainable future, and protect community well-being. The Climate Task Force serves as the City of Tigard's engagement forum to gather community insights, guide CAP development, and oversee its implementation. The Task Force would provide actionable recommendations through the CAP and ensure community needs are at the forefront of climate action in Tigard. Timeline The Task Force would begin meeting in Fall 2025 and convene for one year. Phase 1: Formation & Planning (April 2025 — Aug 2025) April — June 2025 • Define Charter & Objectives: Establish Task Force charter, goals, and responsibilities. • Outreach & Engagement: Begin outreach to Tigard residents, local businesses, community-based organizations, youth representatives, and other key stakeholders. July — Aug 2025 • Recruitment & Member Selection: Applications, interviews, finalize Task Force members. • Establish meeting schedule based on member availability. Phase 2: Convening (Sept 2025 — Aug 2026) Sept 2025 • Inaugural Meeting: Convene Task Force for an introductory meeting to outline CAP goals, establish operating guidelines, and set expectations. Oct 2025 — January 2026 • Task Force meets on a monthly basis. • Interim Report: Task Force compiles preliminary findings and presents them to Council, outlining potential focus areas and community priorities. Feb 2026 — Aug 2026 • Task Force continues to meet on a monthly basis. • Final Report: Task Force presents final recommendations on CAP to Council. Phase 3: Conclusion of Task Force & Implementation of CAP (Sept 2026 & Beyond) • Task Force Members are recognized for their service and can continue involvement through Climate Action Tigard. • Implementation of CAP begins. Membership The Task Force would consist of 9-11 members from the community including: • Youth representative • Climate Action Tigard representative • Council liaison • Community members at-large Selection for membership would center communities that are disproportionally impacted by climate change, including seniors, low-income households, and BIPOC community members. Meeting Frequency The Task Force would meet monthly, at a time to be determined by the group. After one year, the Task Force would conclude its work and present recommendations to Council. Leadership The Task Force would be led by a proposed Sustainability Manager. Leading an effort to develop a CAP would require a dedicated city teammate to oversee and manage the entire project. In addition, the City would need to hire a qualified consultant to partner with convening a task force and developing the CAP. It is estimated this could cost upwards of$400k ($200k for teammate and $200k for consultant over the two-year period). These numbers would be better known once the position classification is determined, and a formal RFP process is undertaken. Additional Resources • City of Tigard Climate Action Report • Beaverton's Climate Action Task Force Model • National Oceanic and Atmospheric Administration's How to Foster Climate Resilience in Your Community • Urban Sustainability Directors Network (USDN) High Impact Practices - Cli Climate Task Force Council Workshop Meeting November 19, 2024 �� • CITY OF Tigard The 5 E's — Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellence _ proposed Climate Task Force: Background Reduce Address Houselessness Climate Change Outcomes: Outcomes: 2021 : Council declared -Available transitional housng .Reduce the Cdys carbon emissions -Wrap around services secured through panners •Center climate in the Council's demon-making •City support to the Business community to •Develop a shared understanding of climatec I i m ate aaction a priority offset impacts polity options witit the City Council Strategies: Strategies: 1.1 Create transitional housing+secure 2.1 Pnontze carbon responsibility in the City wraparound services Tigard operations.projects,end policies 1.2 Adopt a time,place+manner ordinance 22 Build understanding on the City's climate work and how the organization is supporti 1.3 Create grant programs to support businesses 2.3 Provide incentives for the community to 1 . Reduce community's impact 1.4 Secure ongoing state funding transition to more climate friendly choices 1.5 Provide Council with options for tenant 2.4 Develop educational materials to build protections awareness and support homeownershemers in reducing their carbon emissions on c I i mate c r i s i s Modernize&Improve Enhance Community City Services L- Safety&Access Outcomes: Outcomes: implemented i-Total Tyler s -Improve me safety,provide equitable accordingto assessment recommendations mobilityoptions end support climate h 2. Enable community resilience -Facility modernization project is at the design •Generate revenue to support desired public and construction phase safety service levels Strategies: •Improve mobility for all in the community Strategies: o c I i mate change 3.1 Appropriate the necessary teammate and Strategies: financial resources for the Tyler 4.1 Identity h secure funding to complete the 3.2 Acquire land for safe and modern Hall Boulevard jurisdictional transfer public facilities 4.2 Pass a Police Services levy 3.3 Secure funding for facilities 4.3 Increase funding to expand 3.4 Conduct an education'awareness campaign connectivity Cnuppart an to build understanding and gauge levels of active,healthy, community support accessible community 7 Oita • CITY OF Tigard elt The 5 E's — Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellence Proposed CIimate Task Force: Background 1 Current Phase: / T `-. 1 Focused Climate Action Plan �' Feasibilitystudies targeting g g City operations • Presentation of findings & Ti id recommendations in April FULLY EI. cTR�C�CUMA COMMITTED 2025g I° .1 Next Phase: Climate Action Plan � CITY OF The 5 E's — Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellence eTigard - Proposed CIimate Task Force: Purpose • Gather community insights a Guide Climate Action Plan . f development • r • . Provide actionable ', y 77 �ry� F z`. �Q F T. 1- CSA* • by -,,,,i; tit �r`lti, C r� 3 !. r` _ . recommendations tot7q;0,- - < .moi ". . Ensure communit needs are at y the forefront of climate action Tiga°rd The 5 E's — Tigard's Community Promise: Equity . Environment . Economy. Engagement • Excellence — Proposed Climate Task Force: Timeline Phase 1 : Formation & Planning (April 2025 - Aug 2025) !0 Phase 2: Convening (Sept 2025 - Aug 2026) Phase 3: Conclusion of Task Force & Implementation of CAP (Sept 2026 & Beyond) ti • CITY OF Tigard The 5 E's — Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellence Proposed Climate Task Force: Membership • 9 toll Community Climate Action Members Youth Tigard Representative Representative • Center communities disproportionally Council impacted by Liaison climate change ,A CITY OF — = Tigard The 5 E's — Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellence Proposed Climate Task Force: Leadership Capacity '\/ LED BY PROPOSED CONSULTANT FOR CLIMATE SUSTAINABILITY MANAGER ACTION PLAN e TigardCITYOF The 5 E's - Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellence { I ..ZQuestions I I • , . . . . . , , .0, ,,,..:-_ ,-.,,,:.:. L .•4-. D i sc u ssi o n i f , i`'^ 5h • 3-.74. +•Nth , 'J 3E • CITY OF ,<<. Tigard — '# 6. -�-" , The 5 E's — Tigard's Community Promise: �( 1 - - - - � L�� . Equity• Environment• Economy• Engagement • Excellence . ir Al i.•'.F..ni a• R .i 1 AIS-5683 8. Workshop Meeting Meeting Date: 11/19/2024 Length (in minutes): 5 Minutes Agenda Title: Ordinance to Amend Tigard Municipal Code 2.04 Regarding City Manager Authored By: Shelby Rihala Presented By: City Attorney Shelby Rihala Item Type: Motion Requested Ordinance Public Hearing Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE This ordinance would add back a provision inadvertently deleted from the recent code amendment to allow the City Manager to authorize the City to acquire interests in real property pursuant to a Council-approved resolution of necessity. ACTION REQUESTED Staff requests approval of the ordinance. BACKGROUND INFORMATION Tigard Municipal Code (TMC) 2.04, regarding the City Manager, was amended on October 22, 2024. The amendment repealed the previous version and replaced it with an updated version. In the amendment, an authority of the City Manager was inadvertently deleted--the authority of the City Manager to acquire an interest in real property if the acquisition was pursuant to a resolution of necessity. The deletion of this provision is problematic for the timely acquisition of property for large capital projects. A resolution of necessity specifically identifies the property interest that the City seeks to acquire--either easement or fee simple ownership--on private property in order to complete a capital project. The resolution authorizes staff to negotiate the price and terms for the acquisition and to use eminent domain if necessary. The previous version of TMC 2.04 was consistent with the authority delegated in a resolution of necessity and authorized the City Manager to effectuate the acquisition. With the deletion of this language in the recent amendment, the code would now require Council approval for each offer and final agreement for each property. Given the multiple properties often involved in a large capital project, the multiple offers and counteroffers in the negotiation process, and the time constraints often associated with negotiations and keeping the project on schedule, an extra requirement for Council approval at these stages could negatively affect the City's ability to deliver projects timely or within budget. This amendment proposes to reinsert the deleted language and authorize the City Manager to acquire a property interest on behalf of the City if the acquisition was previously authorized by Council in a resolution of necessity. Because the City is currently in the final stages of negotiations with several property owners at this time, an emergency is requested to have this ordinance become effective upon passage. ALTERNATIVES & RECOMMENDATION Council could make additional amendments; however, the failure of the proposed amendment could negatively affect current and future capital projects. ADDITIONAL RESOURCES Attachments Ordinance CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 24- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 2.04 REGARDING THE CITY MANAGER AND DECLARING AN EMERGENCY WHEREAS, on October 22, 2024, Council approved the repeal and replacement of Tigard Municipal Code Chapter 2.04,regarding the duties and authorities of the City Manager;and WHEREAS, the previous version of the code delegated authority to the City Manager to effectuate the acquisition of real property without additional City Council action if the acquisition was consistent with an approved resolution of necessity;and WHEREAS,the omission of that provision from the amended code was an oversight that creates challenges on large capital improvement projects where numerous property interests are being acquired pursuant to Council's authorization with a resolution of necessity;and WHEREAS, an emergency is requested in order to prevent potential delays to pending property acquisitions needed to meet tight project timelines. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Section 2.04.040.A.5 is hereby amended as follows (deleted text in 'strike-through and additions underlined): 5. Approve the acquisition of real property, or an interest in real property such as an easement,if the property or interest in the property_ 4_ the property or interest in the property is acquired by the City through the private development approval process; b) the acquisition is authorized by a resolution of necessity; if the compensation paid by the City for the acquisition is less than$25,000;or d�if the property is donated to the City. Dedication of property for public right-of-way is not considered an acquisition by the City for purposes of this section and may be accepted by the City Manager. SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstances is held invalid,such invalidity will not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 3: An emergency is declared as it is necessary to become effective for the peace, health, and safety of the City;therefore,this ordinance shall take effect immediately upon passage. ORDINANCE No. 24- Page 1 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 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. 8 Date: November 19, 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 2.04 REGARDING THE CITY MANAGER AND DECLARING AN EMERGENCY 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: November 19, 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. 1\1 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-5681 9. Workshop Meeting Meeting Date: 11/19/2024 Length (in minutes): 20 Minutes Agenda Title: Consider the Approval of a Lease Agreement at 8770 SW Burnham Street Authored By: Kent Wyatt Presented By: City Manager Rymer Item Type: Motion Requested Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Approving the lease for the Burnham Street property is a vital step in meeting Tigard's immediate storage needs, offering a centralized, secure, and climate-controlled space to consolidate resources currently dispersed across multiple leased units. This lease provides a practical, short-term solution as the City moves forward with plans for a long-term facility at the Wall Street property. ACTION REQUESTED Teammates recommend approval of the proposed lease agreement and authorizing the city manager to sign. BACKGROUND INFORMATION The City of Tigard is considering a lease agreement for additional storage space at 8770 Burnham Street to address pressing storage needs and slow the overcrowding of city facilities. This temporary, climate-controlled storage solution would consolidate several existing leases across multiple locations, bringing relief to departments facing significant space constraints. Currently, the City depends on a fragmented set of leased units, including two on Burnham Street, as well as overflow storage at Canterbury and Gallin Court. This reliance is a necessary workaround for the city's limited storage options and highlights the urgent need for more centralized solutions. Securing the Burnham Street lease provides a cost-effective and centralized approach with enhanced features like climate control and vertical storage with pallet racking—features unavailable at other sites and necessary to prolong the lifespan of city equipment and materials. This additional space would enable departments and users—including Facilities, Fleet, Community Development, Records, Communications, the Emergency Operations Center, and Friends of the Library—to store and secure materials in one organized location, with access controls for sensitive areas like Records. Additionally, the 11 added parking spaces would help address current parking needs. While this short-term lease would assist with storage needs and reduce reliance on scattered leases, it also underscores the City's ongoing space challenges, highlighting the need for long-term solutions like those offered by building a new facility for Police and Public Works at the recently acquired property at 13225 SW Wall Street. Many city buildings, including those housing the Police Department, Public Works, Permit Center, City Hall, and the Emergency Operations Center, have grown increasingly inadequate for Tigard's expanding community needs. Built nearly 40 years ago, these facilities are now marked by functional limitations, seismic vulnerabilities, overcrowded conditions, and rising taxpayer costs for maintenance and upgrades. Temporary solutions included installing portable units behind City Hall in 1994, intended to provide a 10-year temporary solution for the overcrowding of our police department. Those portable units are beyond their recommended lifespan and are costing thousands of dollars per year to maintain. The Burnham Street lease provides an immediate buffer to help relieve storage space issues while the City continues planning for substantial, permanent facility improvements on Wall Street. As Tigard's population has grown, so have demands on city services and the teams that deliver them. For example, Public Works is stretched thin with insufficient building space, limited access to restrooms, locker rooms, and meeting spaces. Other city facilities are similarly overcrowded, impacting workspaces, operational efficiency, and the quality of services provided to the community. The acquisition of the Wall Street property in 2024 is a significant example of the City's commitment toward developing new, modern facilities that will provide safe, efficient, and accessible accommodations to meet the city's future needs. While planning for this new facility, the Burnham Street storage lease provides a critical, immediate solution to alleviate the strain on Tigard's aging infrastructure. Together, these steps reflect the City's proactive approach to adapting facilities in a way that supports a growing and vibrant community. ALTERNATIVES & RECOMMENDATION The City Council could direct the team to explore other options for tackling the city's growing storage needs. ADDITIONAL RESOURCES Attachments Lease LEASE AGREEMENT This Lease Agreement (this "Lease"), dated as of the Effective Date, is by and between Landlord and Tenant, whereby Landlord agrees to lease to Tenant, and Tenant agrees to lease the Premises from Landlord, on the terms and conditions provided in this Lease. Capitalized terms not otherwise herein defined shall have the meaning assigned below. 1. Defined Terms: Effective Date: November , 2024 Tenant: CITY OF TIGARD, OREGON, a municipal corporation Tenant Notice Address: Attn: , 13125 SW Hall Blvd.,Tigard,OR 97223 Landlord: AMBITION LLC, an Oregon limited liability company Landlord Notice and Payment Address: 2793 Poplar Way,Lake Oswego, OR 97034 Premises: approximately 6,000 square feet of space in the east side of the building (the "Building"), as depicted in Exhibit A-1 located at 8770 SW Burnham Street, in Tigard, Oregon, on the real property (the "Property") legally described in Exhibit A-2 attached hereto. Commencement Date: December 1, 2024 Term: commencing on the Commencement Date and continuing until November 30,2025, subject to Tenant's option to extend the Term as provided in Section 5. Monthly Gross Rent: $8,000.00 Permitted Use of the Premises: for office and administrative use,storage,and other uses permitted by law that would not constitute a nuisance to other tenants in the Building. 2. Delivery of Premises. Landlord shall deliver the Premises to Tenant on the Commencement Date in its"as- is"condition,except that(a)all systems will be in good working order,and(b)Landlord will remove the carpeting and clean up/polish the concrete floors in the"work area"portion of the Premises prior to commencement of the Term. 3. Rent. Monthly Gross Rent for the first full month of the Lease Term shall be paid upon execution of this Lease. Monthly Gross Rent is payable in advance, commencing on the Commencement Date and on the first day of each calendar month thereafter. Monthly Gross Rent not paid within fifteen(15)days of written notice shall bear a late charge of 5%. This is a "gross" lease and not a "triple net" lease, and Tenant shall not be obligated to pay any other rent, other than the Monthly Gross Rent. Notwithstanding the foregoing, the parties acknowledge that the foregoing Monthly Gross Rent amount assumes that Tenant obtains an exemption for the Premises from property taxation. Tenant is responsible for applying for and obtaining any such exemption, subject to Landlord's reasonable cooperation in connection therewith. Any tax savings resulting from the exemption shall inure solely to the benefit of Tenant. In the event that Tenant does not obtain such exemption,then Tenant will pay to Landlord Tenant's proportionate share of the property taxes assessed to the Building and Land(excluding any assessments for tenant improvements charged to other tenants),based on the rentable square footage of the Building and the rentable square footage the Premises. 4. Use of the Premises. Tenant shall use the Premises only for the Permitted Use. In connection with its use, Tenant shall at its expense comply with all applicable local state and federal laws, ordinances, and regulations of any public authority (together "Laws") related to Tenant's specific use. Landlord shall be responsible for ensuring the Property complies with all Laws, including without limitation, compliance with the Americans With Disabilities Act. Tenant shall not cause or permit any hazardous substance to be spilled,leaked,disposed of,used, or otherwise released PAGE 1 LEASE AGREEMENT on or under the Premises. 5. Options to Extend. Tenant shall have the option(the"Option")to renew this Lease for two (2) additional terms of one year each (each, a"Renewal Term"). Each Renewal Term shall be under the same terms and conditions as provided for in the original term except that Monthly Gross Rent shall be $8,251.30 for the first Renewal Term and $8,510.70.00 for the second Renewal Term. Notice of Tenant's exercise of an Option must be given to Landlord in writing at least sixty(60)days prior to the last day of the then-expiring term of this Lease. 6. Right of First Offer. If Landlord desires to sell or transfer the Property at any time during the Term of this Lease (as may be extended pursuant to Section 5 above), then Landlord shall give Tenant written notice of such desire, together with the purchase price for which Landlord desires to offer the Property for sale (the "Offer Price"). Tenant shall have thirty (30) days to notify Landlord of Tenant's acceptance of the Offer Price (the "Acceptance Period"),at which time Landlord and Tenant shall negotiate in good faith a purchase and sale agreement,which provides for a purchase price at the Offer Price, subject to a due diligence contingency and other customary terms, but with a closing date no later than sixty(60)days after signing such agreement(a"PSA"). If Tenant fails to notify Landlord of its acceptance of the Offer Price by the end of the Acceptance Period, or if, despite the parties' good faith negotiations, Landlord and Tenant fail to sign a PSA within thirty (30) days after the Acceptance Period, then Landlord shall have the right to sell the Property for the Offer Price for the next twelve (12) months, provided, however, that if purchase price for the sale of the Property is less than the Offer Price,then Landlord shall re-offer the Property to Tenant through the same process as provided above. If Tenant fails to accept the Offer Price and the sale to the third party for the Offer Price closes,then Tenant's rights under this Section 6 shall terminate as to that sale,but not as to subsequent to purchase the Property. A Memorandum of Right of First Offer in the form attached hereto as Exhibit B shall be recorded in the Deed Records of Washington County, Oregon. 7. Signage.Tenant may erect a sign stating its name on the Building after first securing Landlord's written approval of the size,color,design,wording,and location,and all necessary governmental approvals. All signs installed by Tenant shall be removed upon termination of this Lease with the sign location restored to its original condition. 8.Alterations. Tenant shall have the right to make alterations,additions,and improvements so long as the same do not affect any structural elements of or systems within the Building. Upon termination of this Lease, any such alterations, additions, or improvements shall at once become part of the realty and belong to Landlord unless Tenant removes part or all of the additions, alterations, or improvements prior to the expiration of the Term. Tenant shall not allow any mechanic's or construction liens to attach to the Premises as a result of Tenant's alterations, additions, or improvements. 9.Maintenance:Damage to Building.Landlord shall repair and maintain the Building,Premises,common areas and all systems contained therein, electrical system, plumbing, drainpipes, and heating systems of the Premises at Landlord's cost,provided,however, Tenant shall be responsible for(a)maintenance and repair of the interior Premises (but not any systems or structural elements contained therein), and(b)maintenance of the landscaping on the Property (in an amount not to exceed$200 monthly). 10.Utility Charges. Landlord shall pay the costs of providing electricity,water and sewer service,garbage and trash removal,telephone,and internet service at Landlord's cost,which shall not be charged to Tenant. Notwithstanding the foregoing, if Tenant uses excessive amounts of utilities that increase the cost of utilities beyond what it would cost for normal and reasonable office use, then Landlord and Tenant will confer and reasonably cooperate to allocate the reasonable costs thereof. 11.Parking. Tenant, its employees, contractors, and customers shall have the right to use up to eleven (11) parking spaces on the Property as depicted in Exhibit A-1. Tenant shall have the right to exclusive use of the parking area and spaces for Tenant events on weekends, so long as Tenant notifies Landlord at least seven(7)days in advance of such events. 12.Tenant's Indemnification; Liability Insurance. Subject to the limitations of the Oregon Tort Claims Act, Tenant shall indemnify, defend and hold Landlord harmless from any third-party claims for personal injury or damage PAGE 2 LEASE AGREEMENT to property caused by Tenant on the Premises. Tenant shall carry general liability insurance on an occurrence basis with combined single limits of not less than$1,000,000. Such insurance shall be provided by an insurance carrier reasonably acceptable to Landlord and shall be evidenced by a certificate delivered to Landlord. Landlord shall be named as an additional insured on such policy. 13. Casualty. "Major Damage" means damage by fire or other casualty to the Building or the Premises that causes the Premises or any substantial portion of the Building to be unusable for Tenant's use. In case of Major Damage, either Landlord or Tenant may elect to terminate this Lease by notice in writing to the other party within thirty(30)days after such date. If this Lease is not terminated following Major Damage,or if damage occurs that is not Major Damage, Landlord shall promptly restore the Premises to the condition existing just prior to the damage. Tenant shall be responsible for insuring its personal property. 14. Condemnation. If a condemning authority takes title by eminent domain or by agreement in lieu thereof to the entire Building or a portion sufficient to render the Premises unsuitable for Tenant's use,then either party may elect to terminate this Lease effective on the date that possession is taken by the condemning authority. If this Lease is not terminated,then rent shall be reduced for the remainder of the term in an amount proportionate to the reduction in area of the Premises caused by the taking. All condemnation proceeds shall belong to Landlord, and Tenant shall have no claim against Landlord or the condemnation award because of the taking, except that Tenant shall have the right to pursue a claim for its personal property, fixtures, and moving costs. 15. Assignment and Subletting. Tenant shall not assign, sublease or transfer its interest under this Lease nor sublet the Premises without first obtaining Landlord's consent in writing,which shall not be unreasonably withheld. 16. Default. Any of the following shall constitute a default by Tenant under this Lease, each, an "Event of Default":(a)Tenant's failure to pay rent or any other charge under this Lease within fifteen(15)days after written notice that it is due; and (b) Tenant's failure to comply with any other term or condition within thirty (30) days following written notice from Landlord specifying the noncompliance; provided that if the default cannot reasonably be cured within the thirty(30)day period,Tenant shall not be in default if Tenant commences the cure within the thirty(30)day period and thereafter diligently pursues such cure to completion. 17. Remedies for Default. If an Event of Default occurs,Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a)terminate this Lease without relieving Tenant from its obligation to pay damages, (b) retake possession of the Premises by summary proceedings or otherwise, and (c) recover reasonable costs of collection and other expenses incurred by Landlord in connection with Tenant's default hereunder, including reasonable attorneys' fees. In no event shall Tenant be liable for consequential damages. 18.Surrender on Termination; Holdover. On expiration or early termination of this Lease, Tenant shall return the Premises to Landlord in substantially the same condition as received, subject only to reasonable wear from ordinary use. If Tenant elects to remove any of its improvements,alterations or fixtures,Tenant will restore all damage resulting from such removal. If Tenant fails to vacate the Premises with all of its property removed when required,Landlord may elect to treat Tenant as a tenant from month to month, subject to all provisions of this Lease. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided. The preceding provisions of this Section shall not be construed as Landlord's consent for Tenant to hold over. 19. Inspection. Landlord shall have the right to enter upon the Premises upon reasonable prior notice,but not less than one business day, except in case of emergency to determine Tenant's compliance with this Lease or to make necessary repairs to the Building or the Premises. 20. Estoppel Certificates. Each party shall,within ten(10) days after notice from the other party, execute and deliver to the requesting party a certificate stating whether or not this Lease has been modified and is in full force and effect and specifying any modifications or alleged breaches and any other matters that may reasonably be requested by the requesting party. PAGE 3 LEASE AGREEMENT 21. Security. Tenant may install a security system within the Premises with Landlord's written consent,which consent will not be unreasonably withheld. 22. General Provisions. a. Governing Law;Attorneys'Fees. This Lease will be governed by and construed in accordance with the laws of the State of Oregon,each party agrees to submit to the jurisdiction of the state or federal courts in the county where the Premises are located. In any litigation arising out of this Lease, including any bankruptcy proceeding, the prevailing party shall be entitled to recover its reasonable attorney fees at trial and on any appeal or petition for review. b. WAIVER OF JURY TRIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LANDLORD AND TENANT EACH WAIVE RIGHT TO TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF OR WITH RESPECT TO THIS LEASE. c. Quiet Enjoyment. Tenant shall be entitled to peaceable and undisturbed possession of the Premises free from any eviction or disturbance. d. Waiver. Waiver by either party of strict performance of any provision of this Lease shall not be a waiver of nor prejudice the party's right otherwise to require performance of the same provision or any other provision. e. Successors and Assigns; Joint and Several Liability. Subject to the limitations on transfer of Tenant's interest,this Lease shall bind and inure to the benefit of the parties,their respective successors, and assigns. f. Notices. Notices between the parties relating to this Lease shall be in writing, effective when delivered,or if mailed, effective on the second day following mailing by certified mail,postage prepaid,to the address for the party stated in this Lease or to such other address as either party may specify by notice to the other. g. Force Majeure. If performance by a party of any portion of this Lease is made impossible by any prevention, delay, or stoppage caused by governmental approvals, war, acts of terrorism, strikes, lockouts, labor disputes, acts of God, inability to obtain services, labor, or materials or reasonable substitutes for those items, governmental actions,civil commotions,fire or other casualty,or other causes beyond the reasonable control of a party, performance by such party for a period equal to the period of that prevention, delay,or stoppage is excused. h. Entire Agreement; Severability. This Lease and the attached Exhibits constitute the entire agreement of the parties and supersede all prior written and oral agreements and representations.If any provision of this Lease is held to be invalid,unenforceable or illegal the remaining provisions shall not be affected and shall be enforced to the fullest extent permitted by law. This Lease may be executed in counterparts and/or electronically,each of which shall be deemed an original and all of which shall constitute one and the same instrument. i. Exhibits and Additional Provisions. The following Exhibits are attached hereto and incorporated herein into this Lease: Exhibit A-1: Depiction of Premises Exhibit A-2: Legal Description of Property Exhibit B: Memorandum of Right of First Refusal /// /// /// PAGE 4 LEASE AGREEMENT IN WITNESS WHEREOF,the parties hereto have executed this Lease effective as of the Effective Date. LANDLORD: AMBITION LLC, an Oregon limited liability company By: Name: Title: TENANT: CITY OF TIGARD, OREGON, a municipal corporation By: Name: Title: PAGE 5 LEASE AGREEMENT EXHIBIT A-1 DEPICTION OF THE PREMISES Building Landlord 8770 SW Burnham Street 1 Tigard,OR 97223 w..+''M6lTva�wv ria::•.: .rt bject Side 7 ,� 1 0 . . Isk ilit 1 ILL. .. ,. ...: _ . .,.. .. „.. .: 4 . ,.. , . . vr.;::./.. .,:ir.„.„....,,,,4_,:, ... .„_. .. . ;:..:1__,__: ..-;; r li..e. ''--: , .-..;:--"'-'- ,..,:tt. .:.:',.'..-1'.. '' -:.. '.."..''4...'-,'' ito • ■ 1"40 1 .4 k , ..,0 OPP ‘ - r f Door h Hoar ' c '11 r { Door a Door d , .h ,,f1f — a. ::%), . City at Tigard f — I - J .JP" , • 4 - , , -ir fg - a� Smac ., Y , 4 i / / / 'Varc. e 1 1► •- / I a'' •f •• ;. !1 ! 1go J . 4 V 44 • EXHIBIT A-1 TO LEASE AGREEMENT EXHIBIT A-2 LEGAL DESCRIPTION OF PROPERTY EXHIBIT A-2 TO LEASE AGREEMENT EXHIBIT B MEMORANDUM OF RIGHT OF FIRST REFUSAL When Recorded,Return to: City of Tigard Attn: City Records 13125 SW Hall Blvd. Tigard, OR 97223 MEMORANDUM OF RIGHT OF FIRST OFFER This Memorandum of Right of First Offer is dated this day of November,2024,and refers to that certain Lease Agreement of even date herewith(the"Agreement")by and between Ambition LLC, an Oregon limited liability company ("Grantor"), and the City of Tigard, Oregon, an Oregon municipal corporation ("Grantee"),pursuant to which Grantor granted to Grantee a right of first offer to purchase the real property and improvements located thereon described in Exhibit A attached hereto (the "Property") on the terms and conditions described in the Agreement. This Memorandum does not alter the Agreement,but rather is recorded to give notice of the Agreement and right of first refusal provided therein. This Memorandum may be executed in one or more identical counterparts, and if so executed, each counterpart shall be deemed an original for all purposes, and all such counterparts shall collectively constitute one agreement. Executed as of the date set forth above by: Grantor: Ambition LLC, an Oregon limited liability company By: Name: Title: STATE OF OREGON ) ) ss. County of ) EXHIBIT B TO LEASE AGREEMENT This instrument was acknowledged before me on this day of November, 2024, by as of Ambition LLC, an Oregon limited liability company, on behalf of said limited liability company. Notary Public for Oregon My Commission Expires: Grantee: CITY OF TIGARD, OREGON, an Oregon municipal corporation By: Name: Title: STATE OF OREGON ) ) ss. County of ) This instrument was acknowledged before me on this day of November, 2024, by as of the City of Tigard,Oregon, an Oregon municipal corporation, on behalf of said municipal corporation. Notary Public for Oregon My Commission Expires: EXHIBIT B TO LEASE AGREEMENT EXHIBIT A EXHIBIT B TO LEASE AGREEMENT r_ �t a'.Ti� I •* "' E - " . ::;- }I r,. *': .- ' ;kr. l• - • SUPPLEM: ' TAL PACKET �,: ' "� !{ Ffit •101100 '�. . • '` ' II _ .t FOR NOV MBER_19!r2024 4 � • �' y r IlloW �..},g '' �elp' ; . ITEM 0 - ._ I. �' • s ' # ,} . � .��Surnferlae • Y , ; Y of `, 5 .: Cityrl f0` • ;..:. ,- { • ._ ali i - . ' 1.'1116' :.44 ''7 '11:1".7-4LE'slt44ir , • -... ' . •;'."..,-'.r! elF:' - .,t 4 ''. . . ."- ". A'e- \ 11. --.. ': ..14 . . -47,.,,.4:.,.. -.* 114 4,ib.\ ill'.. ..- • ft.lielinit - i 9. 16' :ri ••• k i J r_ ••. #-; t .' r "'F 'T'' YY I liirl I YY iCl,la 1 ---!-1-,-41.....i .:.. 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Workshop Meeting Meeting Date: 11/19/2024 Length (in minutes): 0 Minutes Agenda Title: Supplemental Questions and Answers Presented By: Item Type: Receive and File Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The City Council may have questions for staff after the council meeting packet is published. For public transparency, these questions and answers provided by staff are due the afternoon of the meeting and will be attached at the end of the meeting packet. ACTION REQUESTED None BACKGROUND INFORMATION Council may have questions for staff regarding agenda items. These questions can be asked during the meeting or through an email to the city manager and other staff prior to the meeting. In the interest of public transparency, any questions and staff answers are listed on the Supplemental Questions and Answers list. This will be attached to the meeting packet, which is available online. There may be no questions and in that case, this Agenda Item Summary will have no attachments. ALTERNATIVES & RECOMMENDATION N/A ADDITIONAL RESOURCES N/A Attachments Supplemental Questions and Answers Supplemental Questions and Answers November 19, 2024 - City Council Meeting Agenda Item No. 5. - COMMUNITY SERVICE ORGANIZATION UPDATE Q: (Councilor Wolf): Serving Tigard Community Members (as noted in the Social Services Grant Application): In New Narrative's application,they addressed serving Tigard community members specifically.As I continue to grow in my understanding of the Washington County network system, I am curious if New Narrative clients are assigned through Community Connect. I believe New Narrative serves a specific group that is experiencing Houselessness and mental health challenges. I think it would be helpful for the Council to understand if their services are unique as compared to other nonprofits that offer rent assistance or case management services. A: (Confidential Executive Assistant Bartholomew) New Narrative will be prepared to address this question at the council meeting. Agenda Item No. 6. - 2025 LEGISLATIVE AGENDAS Q: (Councilor Schlack): How will the Council be updated as to the status of various legislative agenda items during the next legislative sessions and two-year congressional cycle? (Either written responses before or verbal responses during the Council meeting are fine — whichever is most convenient on a case-by-case basis.) A: (Assistant to the City Manager Hendrix):We will have a Legislative Updates section in our Council Newsletter during the legislative session that will include updates on legislative agenda items, key actions from the week,and submitted testimony.All letters of support and testimony developed for Tigard will be shared with all councilors. Q: (Councilor Wolf): STATE - Public Safety- Looking at OLIS, it includes a proposed budget for HB4002 in the Fiscal Impact Statement. Should our language be stronger in terms of advocating for funding to support the successful implementation of HB4002? A: (Assistant City Manager Tritsch): Please bring this up during Council as a discussion item Q: (Councilor Wolf): FEDERAL- Resilient Infrastructure-At the LO/Tigard Pship Meeting, we have been discussing a transition from purchasing back-up generators to leasing them. Purchasing plug-ins are still required so is that what is represented in this request? A: (Assistant City Manager Tritsch): Yes,this could be an example of resilient infrastructure, as is infrastructure hardening and redundancy investments November 19, 2024 – City of Tigard – City Council Meeting 1 of 5 Agenda Item No. 7. - CLIMATE TASK FORCE Q: (Councilor Schlack): Would the "Sustainability Manager" be new headcount or an existing employee? If it is new headcount, would the funding be introduced in the FY 2026 budget or start coming out of the current FY 2025 budget? (Either written responses before or verbal responses during the Council meeting are fine — whichever is most convenient on a case-by-case basis.) A: (Program Manager Washburn) This would be a new FTE. Program Manager Washburn is currently working on a part-time basis. It is our recommendation that an undertaking like the Climate Action Plan would require a dedicated teammate (as we learned with our houselessness work).The FY 25 budget includes $549K that is unencumbered for our climate work. We always prefer to use the annual budget process to consider new FTEs though in this case it is a matter of timing if we are to prepare for our CAP work(hiring consultant,select task force,etc.) beginning in early 2025. The primary policy consideration is if the Council is comfortable allocating the majority of the remaining$549K of climate funds for a new FTE and consultant contract. The actual cost and position title would be determined if we are to proceed as recommended. Q: (Councilor Wolf) Who would be part of the formation & Planning (April -Aug 2025). A: (Program Manager Washburn) Assistant City Manager,Sustainability Manager,&Consultant 0: (Councilor Wolf) Is Sustainability Manager and Consultant part of the 25/26 Budget? A: (Program Manager Washburn) See above Agenda Item No. 9. - CONSIDER THE APPROVAL OF A LEASE AGREEMENT AT 8770 SW BURNHAM STREET Additional information about this leased space is provided on page 5 of this document where this space (the Rivera building) is compared with our other leased space at Burnham storage.The space under discussion in this item is highlighted in that table Q: (Council President Hu) The meeting packet refers to the request as both an "additional" storage space and a "consolidation" of several existing off-site storage options. Could you please clarify which is accurate? If it's a consolidation, would the City cease leasing the other locations? A: (Facilities Services Supervisor James) Currently we have no extra or real storage. Facilities is utilizing 2 storage units at Burnham Storage. Multiple departments have pressing storage needs to move things out of office spaces and decommissioned city facilities (such as Gallin Court). November 19, 2024 – City of Tigard – City Council Meeting 2 of 5 This lease is equivalently equal to or less money than the same sqft for storage units and centrally locates, secures and climatizes our storage. As well as provides the opportunity to increase storage beyond sqft by using pallet racking and going higher then stacked on the floor. Not possible in any of the current storage locations. We will be able to manage and organize dept storage space needs and secure individual depts like Records to control access. We can move these storage needs groups into the space—Fleet,CD, Friends of Library, Records, Communications, EOC additional needs, Facilities-Janitorial- out of Canterbury, Burnham storage units &Gallin CT. Facilities in particular will able utilize the space for furniture and project builds and distributing our regular janitorial supplies. We are currently using storage units, houses,water sites, and the PW Fleet Bay. Utilizing a proper storage space is a responsible way to manage and plan for the future because it allows for organization, protection of valuable items, and the ability to easily access things when needed, ultimately contributing to long-term sustainability, efficiency& preparedness. Q: (Council President Hu) The lease requires the City to carry liability insurance. Is this a separate cost from the $8,000/month rent, or would the City's existing policy cover it? Are there any additional costs beyond rent and insurance? A: (City Attorney Rihala) Insurance would be a separate cost, estimated at approximately$4,200/year based on square footage. There are no additional known costs. 0: (Council President Hu) How will the lease for 8770 be funded? Is it included in the current budget? If the City will stop leasing other sites, what are the expected savings? Q: (Councilor Wolf): Can you tell me what the incremental increase or decrease in leasing costs will be by consolidating into one storage space? The proposed lease makes sense, but trying to understand the cost impact. A: (Facility Services Supervisor James) We currently lease two storage units at about$6500 per year. Other departments also need storage and we have not been able to identify needed space to date. Estimated cost for this needed storage (equivalent to about 14 additional storage units) is over $50,000 per year. For Police,we would be able to terminate our records storage contract(savings of nearly$18,000 per year). November 19, 2024 – City of Tigard – City Council Meeting 3 of 5 Q: (Council President Hu) Who is occupying the west side of the property? A: (Facility Services Supervisor James) Property owner Ben Rivera. Q: (Council President Hu) Would the 11 parking spaces be open to the public? If not, how would parking enforcement be handled? A: (Facilities Services Supervisor James) This is still being evaluated. Either way there will be a net increase in parking. Either city vehicles could be moved to this lot outside of work hours,opening spaces to the public in the city lot, or we can welcome the public to park here outside of business hours. November 19, 2024 — City of Tigard — City Council Meeting 4 of 5 Attachment-Agenda Item No. 9 Rivera Bldg. Burnham Str #of units 1 25 Size 6000sqft 240sgft ea. Heat/conditioned space Yes no Additional Parking Yes no Mezzanine- additional sqft at no cost Yes 1000sgft no Pallet racking potential additional storage options Yes no Able to access control Yes no Security Yes no Ability to adjust space and group needs Yes no Friends of the library Yes no Bathrooms Yes no Future purchase potential Yes no 5 of 5