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City Council Packet - 04/10/2001 CITE F TIG D OREGON TIGARD CITY COUNCIL MEETING APRIL 10, 2001 COUNCIL MEETING WILL BE TELEVISED H:UEANN IEUDOCMCCP KTi 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 .'n r 4 +`XPPx'y d - ink rf,, w l" xr fTIGARDta.l{ YCCru~1_CIL~~~ kyK BI SINESS~~%I~`E7r1eIG April 1 Or 2001; = t; 6.30rp CITY OF TIGARD TIGARD CITY HALL 13125 SW HALL BL\/D' TIGARD, OR 97223 , PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 a.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also 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, x309 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - April 10, 2001 page 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING APRIL 10, 2001 6:30 PM STUDY MEETING > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations and current or potential litigation under ORS 192.660(d) and (h). 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(3), 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. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council at Local Contract Review Board 1.2 Roll Call 1.3 Flag Ceremony and Pledge of Allegiance - Boy Scout Troop 423 1.4 Council Communications 8t Liaison Reports 1.5 Cali to Council and Staff for Non-Agenda Items 7:35 PM 2. ADMINISTER OATH OF OFFICE: MAYOR JAMES E. "JIM" GRIFFITH a. Staff Introduction: City Manager Monahan b. Administer Oath of Office: Judge O'Brien C. Mayor Griffith Comments 7:40 PM 3. VISITOR'S AGENDA (Two Minutes or Less, Please) Russ Rutledge - Tigard High School Student Envoy 7:45 PM 4. PROCLAMATIONS: a. Proclamation Remembering the Past for the Sake of the Future 7:50 PM 5. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: COUNCIL AGENDA - April 10, 2001 page 2 5.1 Approve Council Minutes: January 16 and February 27, 2001 5.2 Receive and File: a. Council Calendar b. Tentative Agenda C. Annual Solid Waste Financial Report Findings d. Canvass of Votes - March 13, 2001 Election e. Information on Public Education Government and Public Communications Network Grants 5.3 Local Contract Review Board a. Award Construction of the Rose Vista Drive Sewer Extension to Excel Excavation , Inc. b. Award of Contract for the Construction of Kable Street Storm Drainage Improvements to D 81 A General Contractors, Inc. 5.4 Approve the Healthy Streams Plan Agreement with Unified Sewerage Agency • 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. 7:55 PM 6. ANNUAL UPDATE ON THE CITY OF TIGARD VOLUNTEER PROGRAM a. Staff Report: Administration Staff b. Council Discussion, Questions, Comments 8:10 PM 7. PUBLIC HEARING TO CONSIDER RESOLUTIONS ADOPTING NEW PARK SYSTEM DEVELOPMENT CHARGES (SDC) FEE SCHEDULE AND AUTOMATIC COST ESCALATOR a. Open Public Hearing b. Staff Report: Community Development Staff C. Public Testimony d. Council Discussion, Questions, Comments e. Staff Recommendation f. Close Public Hearing g. Consideration by Council: Resolution Nos. 01 - and 01- 8:25 PM 8. CONSIDER A RESOLUTION ON APPLYING FOR LOCAL GOVERNMENT GRANTS a. Staff Report: Community Development Staff b. Council Discussion, Questions, Comments C. Staff Recommendation d. Consideration by Council: Resolution No. 01 - COUNCIL AGENDA - April 10, 2001 page 3 8:30 PM 9. CONSIDER ADOPTION NORTHVIEW PARK MASTER PLAN a. Staff Report: Public Works Staff b. Council Discussion, Questions, Comments C. Council Motion: Should Council adopt the Northview Park Master Plan as presented by staff? 8:50 PM 10. CONSIDER A RESOLUTION GRANTING EXEMPTION FROM PROPERTY TAXES (TIGARD MUNICIPAL CODE 3.50) FOR THREE NON-PROFIT LOW- INCOME HOUSING PROJECTS OWNED AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE HOUSING. a. Staff Report: Finance Staff b. Council Discussion, Questions, Comments C. Council Consideration: Resolution No. 01- > Recess the Council meeting. > Local Contract Review Board (LCRB) Meeting a. Board Chair Griffith to call the meeting to order. b. Note attendance of LCRB members present. 9:05 PM 11. CONSIDER A RESOLUTION TO AMEND PURCHASE ORDER FOR ENGINEERING SERVICES FOR THE POLICE DEPARTMENT HVAC REPLACEMENT a. Staff Report: Public Works Staff b. Council Discussion, Questions, Comments C. Consideration by LCRB: LCRB Resolution No. 01 - 01 > Adjourn the Local Contract Review Board (LCRB) Meeting > Reconvene the City Council Meeting 9:10 PM 12. PUBLIC HEARING TO CONSIDER AN ORDINANCE REGARDING i PROCEDURES FOR THE CREATION OF AN ECONOMIC IMPROVEMENT DISTRICT a. Open Public Hearing b. Staff Report: Community Development Staff C. Public Testimony d. Council Discussion, Questions, Comments 1 e. Staff Recommendation a f. Close Public Hearing g. Consideration by Council: Ordinance No. 01- COUNCIL AGENDA - April 10, 2001 page 4 11 1111 111' Jill 9:30 PM 13. TUALATIN RIVER INTEGRATED WATER RESOURCES MANAGEMENT STRATEGY PLAN REVIEW a. Staff Report: Public Works Staff b. Council Discussion, Questions, Comments 9:50 PM 14. WASHINGTON SQUARE REGIONAL CENTER IMPLEMENTATION PLAN UPDATE a. Staff Report: Community Development Staff b. Council Discussion, Questions, Comments 10:05 PM 15. INTRODUCE GRANT CONSULTANT PROPOSAL - RANDALL DEVELOPMENT a. Staff Report: Administration Staff b. Council Discussion, Questions, Comments 10:25 PM 16. COUNCIL LIAISON REPORTS 10:30 17. NON AGENDA ITEMS 10:35 PM 18. 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 statue. 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(3), 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. 10:45 PM 19. ADJOURNMENT I:\ADM\CATHY\CCA\010410.D0C C M 1 1 q~ i 1 COUNCIL AGENDA - April 10, 2001 page 5 -~P V Sc?~ Agenda Item No. 1-11 Meeting of J I TIGARD CITY COUNCIL MEETING MINUTES - APRIL 10, 2001 STUDY MEETING Mayor Griffith called the meeting to order at 6:30 p.m. Council Present: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla. > ADMINISTRATIVE ITEMS • The City Manager's review is scheduled for the Council meeting of May 8, 2001. City Manager distributed to the City Council his current contract and the Tigard Municipal Code provisions. • City Council consensus was to endorse letters of support for funding requests of the DARE camp program. • City Council received a corrected resolution for Agenda Item No. 7. Changes were made to Exhibit A to correct the math formula. • Correction was made to the Agenda, Item No. 8, in that this should not be shown as a public hearing. • A Tigard resident, Ms. Densie Olson, may be before the City Council during the Visitor's Agenda regard Code Enforcement issues and the noise ordinance. • City Manager reminder the Council of the Chamber of Commerce Shining Stars Awards Banquet to be held on May 5, 6 p.m. at the Embassy Suites Hotel. • Council received an update on a recent meeting that staff attended with the Washington County Board of Directors concerning Systems Development Charges (SDC's) in Tigard's area of interest in the unincorporated area. It appeared that at least four of the Washington County Board members agreed that looking into charging SDC's in this area might have merit. Another possibility would be to pursue aggressive annexation in this area. Tigard and Washington County staff members will work together on this matter. > EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:44 p.m. to discuss labor negotiations and current or potential litigation under ORS 192.660(d) and (h). Adjourned Executive Session at 7:35 p.m. COUNCIL AGENDA - April 10, 2001 page 1 1. BUSINESS MEETING 1.1 Cali to Order - City Council 8t Local Contract Review Board Mayor Griffith called the meeting to order at 7:37 p.m. 1.2 Council Present: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla. 1.3 Flag Ceremony and Pledge of Allegiance - Boy Scout Troop 423 1.4 Council Communications 8t Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items (Item No. 17) > Update on Commuter Rail > Update on Meeting with Tri Met 2. ADMINISTER OATH OF OFFICE: MAYOR JAMES E. "JIM" GRIFFITH Municipal Court Judge O'Brien administered the Oath of Office to Mayor Jim Griffith. On March 13, 2001, Interim Mayor Jim Griffith was elected by Tigard voters to serve as Mayor until December 31, 2002. After the oath was administered, Mayor Griffith made a brief statement to the Council and public. He noted Tigard was in the position of playing "catch up ball" in several areas including parks, transportation and library services. He noted the need to set priorities of what should be placed before the voters. 3. VISITOR'S AGENDA (Two Minutes or Less, Please) • Tigard High School Student Envoy Russ Rutledge updated the City Council on the activities at Tigard High School. A copy of Mr. Rutledge's report is on file with the City Recorder. It was noted that several months ago, Mr. Rutledge proposed a new parking configuration along 92"d Avenue, adjacent to the high school. The parking area was restriped and 15 additional parking spots are now available. The new student envoy would accompany Mr. Rutledge when he made his final report to the City Council on June 12, 2001. 4. PROCLAMATIONS: a. Proclamation Remembering the Past for the Sake of the Future i Mayor Griffith noted he would be signing this proclamation. This proclamation is in memory of the victims of the Holocaust, and in honor of the survivors as well as the rescuers and liberators. Days of Remembrance are designated as April 15-22, 2001. 5. CONSENT AGENDA: COUNCIL AGENDA - April 10, 2001 page 2 Motion by Councilor Patton, seconded by Councilor Scheckla to approve the Consent Agenda as follows: 5.1 Approve Council Minutes: January 16 and February 27, 2001 5.2 Receive and File: a. Council Calendar b. Tentative Agenda C. Annual Solid Waste Financial Report Findings d. Canvass of Votes - March 13, 2001 Election e. Information on Public Education Government and Public Communications Network Grants 5.3 Local Contract Review Board a. Award Construction of the Rose Vista Drive Sewer Extension to Excel Excavation , Inc. b. Award of Contract for the Construction of Kable Street Storm Drainage Improvements to D 8z A General Contractors, Inc. 5.4 Approve the Healthy Streams Plan Agreement with Unified Sewerage Agency The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 6. ANNUAL UPDATE ON THE CITY OF TIGARD VOLUNTEER PROGRAM a. Volunteer Coordinator Susan Koepping and Library Volunteer Coordinator Trish Stormont presented the staff report. Council heard an update on the activities performed by the volunteers for the last year. A copy of the staff report is on file with the City Recorder. Several volunteers came forward and commented on their experience with the volunteer program. b. Several Council members noted their appreciation of the work done by the volunteers. A number of projects completed by volunteers would not have been possible without their assistance. 7. PUBLIC HEARING TO CONSIDER RESOLUTIONS ADOPTING NEW PARK SYSTEM DEVELOPMENT CHARGES (SDC) FEE SCHEDULE AND AUTOMATIC COST ESCALATOR a. Mayor Griffith opened the public hearing. b. Associate Planner Duane Roberts presented the Staff Report. A copy of the Staff Report is on file with the City Recorder. C. Public Testimony COUNCIL AGENDA - April 10, 2001 page 3 ® Ernie Platt, representing the Homebuilders Association of Metropolitan Portland, addressed the City Council. Mr. Platt thanked the City for the preview of the information on this matter. He acknowledged the proposal was basically an update of the SDC fee schedule. Mr. Platt said the Homebuilders Association endorsed the concept of indexing the fee to keep pace with inflation. He noted one issue he had with the proposal before the Council was that he would prefer that the implementation date be delayed until the fall or January 2002 (rather than July 1, 2001). Sheila Fink, Executive Director, Community Partners for Affordable Housing (CPAH) 6777 SW Alder, Portland, OR 97223, advised that CPAH thought the adjustments were reasonable, noting that they enjoyed the parks and greenways made possible by the SDCs. Ms. Fink noted that CPAH would be requesting a waiver of the SDC fees for their current project. She said the imposition of these fees would increase their project costs by $8,000. Ms. Fink noted the need to keep the units affordable. Rebecca Smith, 210 SE 1211 Hillsboro, OR 97123, (as CPAH board member) asked the Council to consider waiving, reducing or deferring the fees on the current CPAH project. Council discussion followed on whether the City could waive the fees. Legal Counsel Ramis explained that the City may grant waivers; however, it would run the risk that the program would become vulnerable by challenges from those who are not granted a waiver. He noted that waivers would have the result of transferring the burden of the fees from one property to another, which could present legal problems. Mr. Ramis said there is a possibility of deferrals, which might represent less legal risk. He said he could review this option. City Manager Monahan noted another method to assist organizations such as CPAH, which would be to designate some General Fund dollars to replace the funds lost as a result of a fee waiver. Councilor Patton noted that she was uncomfortable with adjusting the SDC fees and would not want to run the legal risk. She said there might be other options to allow flexibility in accommodating affordable housing needs. Council Patton said she would like to see how a deferral might be implemented. In addition, she would prefer to deal with waiver requests on a case-by-basis. Councilor Patton said the matter of waiver requests a should be kept separate from what the Council was reviewing at this public hearing. COUNCIL AGENDA - April 10, 2001 page 4 Councilor Scheckla advised he agreed with Councilor Patton. Councilor Dirksen said he would like to be able to provide relief for affordable housing advocates. He also said these requests should be considered on a case-by-case basis. e. Staff recommendation was to adopt the resolution with a 30-day implementation date. f. Mayor Griffith closed the public hearing g. Consideration by Council: Motion by Councilor Moore, seconded by Councilor Patton, to adopt Resolution No. 01-12. RESOLUTION NO. 01-12 - A RESOLUTION AMENDING THE AMOUNT OF THE PARKS SYSTEM DEVELOPMENT CHARGE. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes Motion by Councilor Moore, seconded by Councilor Dirksen, to adopt Resolution No. 01- 13. RESOLUTION NO. 0-13 - A RESOLUTION ESTABLISHING ANNUAL ADJUSTMENTS TO PARKS SYSTEM DEVELOPMENT CHARGES. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 8. CONSIDER A RESOLUTION ON APPLYING FOR LOCAL GOVERNMENT s a GRANTS a. Associate Planner Duane Roberts presented the staff report. The proposed resolution would authorize the City Manager to submit applications for two COUNCIL AGENDA - April 10, 2001 page 5 local government grants as a means of providing needed park and recreation improvements and enhancements. b. Consideration by Council: Motion by Councilor Moore, seconded by Councilor Scheckla, to adopt Resolution No. 01-14. RESOLUTION NO. 01-14 - A RESOLUTION AUTHORIZING THE SUBMITTAL OF LOCAL GOVERNMENT GRANT PROPOSALS FOR COOK PARK AND WOODARD PARK FACILITY IMPROVEMENTS TO THE OREGON PARKS AND RECREATION DEPARTMENT. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes Council meeting recessed at 8:50 p.m. Council meeting reconvened at 9:00 p.m. 9. CONSIDER ADOPTION NORTHVIEW PARK MASTER PLAN a. Public Works Director Ed Wegner introduced this agenda item. Property Manager John Roy presented the Staff Report which is on file with the City Recorder. Mr. Roy reported that the only controversy with the Master Plan related to the landscaping in the park. Four property owners whose property abutted the park were against any trees being planted in the park that would interfere with their view. The City's Urban Forester made contact with these property owners by mail and by telephone to try to develop a solution to satisfy their concerns. The staff was not able to find an agreeable compromise with these four residents. Therefore, staff recommended that approval be given to allow staff to landscape the park as determined by the Urban Forester and parks staff. Discussion followed on the problem with regard to the planting of trees near the four property owners who were not in favor of these plantings. Mr. Wegner noted that the staff would continue to work with the homeowners on a compromise, but some plantings would be needed. It was noted that the other a property owners in the neighborhood were in favor of the tree plantings. COUNCIL AGENDA - April 10, 2001 page 6 Councilor Patton noted that she lives In this neighborhood. She said that smaller trees would probably not affect views and that she would like for some type of trees to be planted. Councilor Patton commented that the Master Plan appeared to be good overall and was in favor of going ahead with the landscaping as presented by staff. In response to a question by Councilor Moore, Community Development Director Hendryx advised that the zoning on this property, before it was developed as a park, was R-12 (residential). Councilor Moore that this property would probably have been developed as a housing project, rather than a park. b. Several neighbors testified to the City Council: Cindy Christianson advised that she was one of the property owners who was against the planting of the trees adjacent to her property. She said that trees would block her view of the play area and also interfere with the view in general from her property. She also noted concerns with vandalism - she said she could now see what was going on in the park. Mr. Wegner noted that low-growing trees could be planted, rather than fir trees; however, these trees would not be as aesthetically pleasing. It was noted that the parks staff would prefer to plant trees around the park perimeter along with several groupings of trees within the park. The current president of the Castle Hill Homeowner's Association noted that almost everyone wanted the trees planted. She said that the City should do what is best for the overall area. Councilor Dirksen said he was in agreement with the Master Plan and supported continuing to work with the neighbors to determine if a compromise could be reached. C. Motion by Councilor Patton, seconded by Councilor Scheckla, to adopt the Northview Park Master Plan as presented by staff. i The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes COUNCIL AGENDA - April 10, 2001 page 7 City Manager Monahan clarified, and the Council consensus was, that there would be no need for staff to come back to the City Council to report on the tree plantings. 10. CONSIDER A RESOLUTION GRANTING EXEMPTION FROM PROPERTY TAXES (TIGARD MUNICIPAL CODE 3.50) FOR THREE NON-PROFIT LOW- INCOME HOUSING PROJECTS OWNED AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE HOUSING. a. Finance Director Craig Prosser presented the Staff Report, which is on file with the City Recorder. b. Council Discussion, Questions, Comments: In response to a question from Councilor Scheckla, CPAH Executive Director Sheila Fink advised that there is a legal reason that names were withheld from affordable housing public documents. Some names had been printed on an earlier document, which should not have occurred. She advised that if potential residents meet criteria, then CPAH would rent to them. In response to a question from Councilor Dirksen, Ms. Fink responded that the exemption is not for State taxes, but is requested at a local level. C. Motion by Councilor Moore, seconded by Councilor Patton, to adopt Resolution No. 01-15. RESOLUTION NO. 01-15 - A RESOLUTION GRANTING AN EXEMPTION FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION 3.50 FOR THREE NON PROFIT LOW INCOME HOUSING PROJECTS OWNED AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE HOUSING The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes > The City Council meeting recessed and the Local Contract Review Board convened at 9:30 p.m. > Local Contract Review Board (LCRB) Meeting a. Board Chair Griffith to call the meeting to order. COUNCIL AGENDA - April 19, 2001 page 8 b. Attendance: Board Chair Griffith; Board members Dirksen, Moore, Patton and Scheckla. ll. CONSIDER A RESOLUTION TO AMEND PURCHASE ORDER FOR ENGINEERING SERVICES FOR THE POLICE DEPARTMENT HVAC REPLACEMENT a. Public Works Director Ed Wegner presented the Staff Report, which is on file with the City Recorder. Staff requested that the City Council waive the City purchasing rules requiring the informal contacting of a minimum of three potential contractors and prohibiting contracting limits of excess of 20% of the original contract amount. Mr. Wegner described the two purchasing errors made by staff, which could be rectified with the adoption of the proposed resolution. b. Motion by Board Member Moore, seconded by Board Member Dirksen, to approve LCRB Resolution No. 01-01. RESOLUTION NO. 01-01 - A RESOLUTION OF THE LOCAL CONTRACT REVIEW BOARD WAIVING PURCHASING RULES AND APPROVING A CONTRACT AND CONTRACT AMENDMENTS WITH ACCIPIO INC. FOR THE POLICE HVAC REPLACEMENT PROJECT The motion was approved by a unanimous vote of the Local Contract Review Board Members present: Board Chair Griffith - Yes Board Member Dirksen - Yes Board Member Moore - Yes Board Member Patton - Yes Board Member Scheckla - Yes The LCRB meeting adjourned at 9:35 p.m. and the City Council meeting reconvened. 12. PUBLIC HEARING TO CONSIDER AN ORDINANCE REGARDING { PROCEDURES FOR THE CREATION OF AN ECONOMIC IMPROVEMENT DISTRICT a. Mayor Griffith opened the Public Hearing. a b. Community Development Director Jim Hendryx presented the staff report, which is on file with the City Recorder. COUNCIL AGENDA - April 10, 2001 page 9 m0i f The proposed ordinance before the City Council is the first step In a three-step process to create an Economic Improvement District (EID). The EID would be formed in the Tigard Central Business District. Mr. Hendryx noted that the next step would be the creation of the EID and Business Improvement District (BID). The final step would occur in )uly 2001 when the City Council would make the decision as to whether or not the EID should be formed. If there are more than 33% of the business/property owners opposing the BID formation, then the taxing mechanisms could not be implemented. The City would be responsible for collecting the assessments. There was discussion about the support needed and the information that should be disseminated over the next few months to the business/property owners in the downtown area. City Manager Monahan noted that the City would be responsible for collection of the taxes created in the EID area. This could have some ramification in that some businesses may be reluctant to pay for their assessment. The City may also be put in the position of imposing liens on property. In addition, there is a cost associated with assessment collection responsibilities. A PowerPoint presentation was shown to the City Council. A copy of the slides is on file with the City Recorder. C. Public Testimony Tigard Central Business District Association (TCBDA) President Tyler Ellenson reviewed the goals and progress made by the TCBDA. d. Mayor Griffith closed the public hearing. e. Motion by Councilor Dirksen, seconded by Councilor Moore, to adopt Ordinance No. 01-01. ORDINANCE NO. 01-01 - AN ORDINANCE OF THE CITY OF TIGARD, OREGON, AMENDING TITLE 13 OF THE TIGARD MUNICIPAL CODE BY ADDING A NEW CHAPTER 13.12 WHICH ESTABLISHES PROCEDURES FOR THE CREATION OF AN ECONOMIC IMPROVEMENT DISTRICT The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes COUNCIL AGENDA - April 10, 2001 page 10 I -EMEN-1 I M 13. TUALATIN RIVER INTEGRATED WATER RESOURCES MANAGEMENT STRATEGY PLAN REVIEW a. Public Works Director Ed Wegner introduced this agenda item. The staff report is on file with the City Recorder. This review informed the Council of the collaboration among water resource managers in the Tualatin Basin and the need to develop water supplies for the Tualatin Basin to ensure sufficient water supply for all users through the year 2050. Mr. Tom Vanderplatt was present to provide additional information. He reviewed IWRM strategy and the plan for quantity and quality from the Tualatin Watershed Basin. He advised that they were seeking comments on the policy objectives as outlined. He reviewed projected water needs versus the current water supply through 2015. Staff recommendation was to continue working with the Tualatin River Water Resource Managers on the IWRM Plan to plan for future water needs in the Basin, including the joint Water Commission. 14. WASHINGTON SQUARE REGIONAL CENTER IMPLEMENTATION PLAN UPDATE a. Community Development Director Hendryx gave the staff report, which is on file with the City Recorder. Mr. Hendryx noted that a public event was held on April 4 from 5-8 p.m. at the Metzger Park Recreation Building. Fifty people attended. Consultants gave presentations, displays were available for viewing, and a questionnaire was distributed. b. Councilor Scheckla noted that this process is working well at this time. 15. INTRODUCE GRANT CONSULTANT PROPOSAL - RANDALL DEVELOPMENT This agenda item was set over to the April 17, 2001, Council meeting. 16. COUNCIL LIAISON REPORTS: None. 17. NON AGENDA ITEMS a. Commuter Rail - A recent ceremony was held where U.S. Senators Smith and Wyden presented a $1.5 million dollar check to County officials for engineering additional phases for the Commuter Rail Project. It appears that there is support for this project throughout the region. COUNCIL AGENDA - April 10, 2001 page 11 IONIC b. Tri-Met - Councilors Dirksen and Patton attended a meeting last week with the Tri Met Board of Directors. After comments were received from Councilor Patton by the Board, a meeting was set for April 19 with Tri Met and City officials to review services issues. 18. EXECUTIVE SESSION: Canceled. 19. ADIOURNMENT: 10:27 p.m. City Recorder, Catherine WheatI6~-- Attest: Tlyo~ City o r Date: '-M 'go 1:1ADM\CATHY\CCA\010410. DOC COUNCIL AGENDA - April 10, 2001 page 12 MEMO= CITY OF TIGARD, OREGON AFFEDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, s' N'l l H. ArJayn s r begin first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) O 1 - O 1 which were adopted at the Council Meeting dated ~D 1 O, a-CDO) copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ 00 day of ho r i l , 20 C) 1 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon Subscribed and sworn to before me this _ day of , 20 Q I OFFICIAL SEAL Notary Public for Oregon DLL NOTARY PUBLIG . GON miss COMMISS RMyM -'4 S ~ 1, My Commission Expires: : ION EXPES FM. 2= tJ s' CITY OF TIGARD, OREGON ORDINANCE NO.01-0_ AN ORDINANCE OF THE CITY OF TIGARD, OREGON, AMENDING TITLE 13 OF THE TIGARD MUNICIPAL CODE BY ADDING A NEW CHAPTER 13.12 WHICH ESTABLISHES PROCEDURES FOR THE CREATION OF AN ECONOMIC IMPROVEMENT DISTRICT. WHEREAS, ORS 223.112 - 223.161 grants authority to cities to establish procedures for the creation of economic improvement districts; and WHEREAS, such economic improvement districts are found by the City Council to be valuable tools in the promotion of commercial activities and the economic well being of the City as a whole; and WHEREAS, the Tigard City Council therefore wishes to exercise the authority granted by statute to adopt such procedures; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Title 13 of the Tigard Municipal Code is hereby amended by adding a new Chapter 13.12, Economic Improvement Districts to read as follows: 13.12.000 ECONOMIC IMPROVEMEN'T' DISTRICTS 13.12.010 Definitions. The following words and phrases, when used in this ordinance shall have the following meanings, except where the context requires otherwise: (a.) "Economic improvement" means: 1. The planning or management of development or improvement activities; 2. Landscaping, enhancement, maintenance and provision of security for public areas; 3. Promotion of commercial activity or public events; 4. Activities in support of business recruitment and development 5. Improvements in parking systems or parking enforcement; 6. Any other economic improvement activity that specially benefits specific properties. (b.) "Economic improvement plan" means a plan setting out: 1. A description of economic improvements proposed to be carried out, with any appropriate phasing plan or schedule; 2. The number of years, to a maximum of five, in which assessments are proposed to be levied; ORDINANCE No. DI- D 1 Pagc 1 3. A preliminary estimate of annual cost of the proposed economic improvements; 4. The proposed boundaries designated by map or perimeter description of an economic improvement district within which subject properties would be assessed to finance the cost of the economic improvement; 5. The proposed formula for assessing the cost of economic improvements against subject properties, which formula may be an assessment based on the assessed value or area of the property involved, or a surcharge on the business tax on any business, trade, occupation or profession carried on or practiced in the economic improvement district, or both; b. A statement whether the property assessment will be a voluntary assessment or mandatory assessment; A. If voluntary, that the scope and level of improvements could be reduced depending on the amount of money collected; or B. If mandatory, that the assessment will be considered a tax under the Oregon Constitution, Article XI Section II(b) and may be reduced to fit within the property tax limitation thereby affecting the level and scope of services described. 7. If applicable, information about the organization requesting the creation of the economic improvement district; 8. Reasons why the economic improvement district should be created; 9. If applicable, a list of anticipated agreements between the proposed economic improvement district and other organizations; 10. The administration fee, if any, to be paid to the City for administering the economic improvement district. (c.) "Owner" means the owner of the title to real property or the contract purchaser of record as shown on the last available complete assessment role in the office of the County Assessor. 13.12.020 The City Council may consider creation of an economic improvement district on its own motion or at the request of any person, entity, association, or City staff. Any request for consideration of the creation of an economic improvement district shall contain a proposed economic improvement plan. If the City Council decides to consider such a district on its own motion, it shall instruct the City staff to prepare an economic improvement plan. If an organization is willing to carry out improvement activities, City staff shall coordinate with that organization in developing the economic improvement plan. 13.12.030 A public hearing before the City Council shall be held on the question of establishment of the economic improvement district. Notices of the proposed hearing shall be mailed or delivered personally to affected property owners and business owners, and shall announce the intention of the City Council to construct or undertake the economic improvement project and to assess benefited properties or impose a business tax surcharge for a part or all of the cost. The notice shall state the time and place of the public hearing. This hearing shall be set not sooner than thirty (30) days after the mailing or delivery of said notices to the affected property owners. ORDINANCE No. r ) • Page 2 ism 13.12.040 If, after the hearing held pursuant to Section 13.12.020, the City Council determines that the economic improvements would afford special and peculiar benefit to properties or businesses within the economic improvement district different in kind or degree from that afforded to the general public, and that the economic improvement district should be established, then the City Council may adopt an ordinance stating those findings and establishing the district. The City Council shall then determine whether the properties or businesses benefited shall bear all or a portion of the cost, and shall require notice of any proposed assessment or business tax surcharge be mailed or personally delivered to the owner of each lot to be assessed or business to be charged, which notice shall state the amount of the assessment proposed on the property of the owner receiving the notice, or the charge to the owner of the business receiving the notice. The ordinance shall require the City Finance Director to prepare the proposed assessment for each lot and file it with the City Recorder. The notice shall state the time and place of a second public hearing at which affected property owners or business owners may appear to support or object to the proposed charge. The second hearing shall not be held sooner than thirty (30) days after the mailing or personal delivery of the notices. At the second hearing, the City Council may consider objections and may adopt, correct, modify or revise the proposed assessments or charges. The City Council shall exempt residential real property and any portion of a structure used for residential purposes, those properties exempt from general property taxation under State law, and any other type of property that the City Council determines should be exempt from the assessment. The ordinance will also provide that the assessments will not be made and the economic improvement project will be tenninated when written objections are received at the second public hearing from owners of property upon which more than 33% of the total amount of assessments is levied, or if a business tax surcharge is charged, from more than 33% of persons conducting business within the economic improvement district who will be subject to the proposed business tax surcharge. 13.12.050 Pursuant to the requirement as set forth above, an assessment ordinance may at the discretion of the City Council, provide that: (a.) When the City Council receives written objections at the second public hearing only from owners of property upon which less than 33% of the total amount of assessments is levied, the economic improvement project may be undertaken or constricted, but that the assessment shall not be levied on any lot or parcel of property if the owner of that property submitted written objection at the public hearing. Notwithstanding any other provision of law, an owner of property who fails to submit written objections at the public hearing as provided for in the ordinance shall be deemed to have made a specific request for the economic improvement services to be provided during the period of time specified in the assessment ordinance. (b.) The City Council, after excluding from assessment property belonging to such owners, shall determine the amount of the assessment on each of the remaining lots or parcels in the district. These provisions may be included only if the City Council chooses to form the economic improvement district as a voluntary district. These provisions shall not be included in any district in which payment is mandatory. 13.12.060 If written objections in the requisite 33% are not received as provided above, the City Council may adopt a final ordinance levying the appropriate assessments and/or business tax surcharge. Upon adoption of the final ordinance, the City Recorder shall enter any assessments in the docket of City liens. The assessments shall be collected in the same manner as local improvement ORDINANCE No. 01---)1 L Page 3 Mild i assessments. Failure to pay may result in foreclosure in the same manner as provided for other such assessments. 13.12.070 Any assessment ordinance may require creation, for each economic improvement district, of an advisory committee to allocate expenditures of monies for economic improvement activities within the scope of this ordinance. If an advisory committee is created, the City Council shall strongly consider appointment of owners of property within the economic improvement district to the advisory committee. An existing association of property owners or tenants may enter into agreement with the City to provide the proposed economic improvement. 13.12.050 Money derived from assessments or fees levied under the procedures set forth in this ordinance shall be spent only for the economic improvements set forth in the Economic Improvement Plan and for the cost of city administration of the economic improvement district. SECTION : This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By IA r1Lt tliftwA vote of all Council members present after being read by number and title only, this .,I !;f day of Aj26j 2001. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of .=(-gN 12001. m E. 4ri Mayor Approved as to form: _ -7 Cit Attomey C~ 4-/ Date ORDINANCE No. 01-~ Page 4 w AGENDA TIGARD CITY COUNCIL STUDY MEETING APRIL 10, 2001 - 6:30 p.m. The Study Meeting is held in the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capacity of the Conference Room, the Council may move the Study Meeting to the Town Hall. > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor relations, real property transaction negotiations, and current/pending litigation under ORS 192.660 (d) (e) and (h). All discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 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. > CITY MANAGER REVIEW PROCESS e Items distributed to Council: City Manager's Contract and Charter and TMC provisions for City Manager > ADMINISTRATIVE ITEMS: o City Manager to inquire about Council support for summer camp grant. o Tonight's Meeting: Correction to Agenda - Item 8 should not be shown as a public hearing. Correction to Resolution - Second Resolution for Item No. 7. Changes were made to Exhibit A correcting the math formula. o Code Enforcement: Ms. Densle's issues regarding noise and motorcycles. o Update Council on the meeting with the County today regarding Systems Development Charges o Reminder: Chamber of Commerce Shining Stars Awards Banquet and Silent Auction - May 5, 6 p.m. reception, 7:30 p.m. dinner; 8:30 p.m. program - Embassy Suites. Cost: $35/person o Commuter Rail - Hearing before the House Transportation Committee - Salem (Hearing Room D) - April 18, 8:30 a.m. - Mayor Griffith planning to attend o House Bill 3910 - Information distributed, which will be reviewed by the City Manager Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session In certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (d) - Labor negotiations. (News media can be excluded In this instance.) 192.660 (e) - Real property transaction negotiations. 192.660(0- Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (j) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (k)- Relates to health professional regulatory board. April 10, 2001 Attached for Council review... City Manager's Contract Code Provisions - City Manager (Charter and Chapter 2) TIGARD MUNICIPAL CODE the vote entered in the journal. Chapter IV COUNCIL Section 16. PROCEEDINGS TO BE PUBLIC. Section 13. MEETINGS. No action by the council shall have legal effect unless the motion for the action by the The Council shall hold a regular meeting at council vote by which it is disposed of take place least once each month in the City at a time and at at proceedings open to the public. a place which it designates. It shall adopt rules for government of its members and proceedings. Section 17. MAYOR'S FUNCTIONS AT The Mayor upon his own motion may, or at the COUNCIL MEETINGS. request of three members of the Council shall, by giving notice thereof to all members of the The mayor shall be chair of the council and Council then in the City, call a special meeting of preside over its deliberations. The Mayor shall the Council. In the event of the physical absence have a vote on all questions brought before the of the Mayor from the City, the Council President council. (Measure 34-58, November 5, 1996 shall be empowered to call special Council election, Res. 96-53). meetings in the same manner as the Mayor may call such. meetings. Section 18. PRESIDENT OF THE COUNCIL. Special meetings of the Council may also be At its first meeting of each odd numbered held at anytime by the common consent of all year, the council by ballot shall choose a president members of the Council or by the delivery of a from its membership. In the mayor's absence request for a special meeting, signed by a majority from a council meeting the president shall of Council members, and delivered to the City perform the duties of the office of mayor and Recorder and to remaining Council members and preside over it. Whenever the mayor is physically the Mayor, if they are then in the City. All or mentally unable to perform the functions of meetings of the City Council shall conform to office, the president shall act as the mayor pro notice requirements consistent with state law. tem. Should the president of the Council vacate (Measure 53, November 5, 1985 election: Measure the Council office he or she holds, the Council, by 59, May 18,1982 election). ballot, shall choose from its membership a person to act as president of the Council until the next Section 14. QUORUM. president of the Council is chosen pursuant to this Section. (Measure 34-88, November 3, 1998 A majority of members of the council shall election, Res. 98-46; Measure 54, May 18, 1982 constitute a quorum for its business, but a smaller election). number may meet and compel the attendance of absent members in a manner provided by Section 19. VOTE REQUIRED. ordinance. Except as this Charter otherwise provides, Section 15. JOURNAL. the concurrence of a majority of the members of the Council present and voting, when a quorum The Council shall cause a journal of its of the Council is present, at a Council meeting proceedings to be kept. Upon the request of any shall be necessary to decide any question before of its members the ayes and nays upon any the Council. (Measure 54, November 5, 1985 question before it shall be taken, and a record of election). C-3 SE/Code Update: 01/00 TIGARD MUNICIPAL CODE the council; Chapter V POWERS AND DUTIES OF OFFICERS (d) See that all terms of franchises, leases, contracts, permits, and privileges granted Section 20. MAYOR. by the city are fulfilled; The Mayor shall appoint the committees (e) Appoint, discipline and remove provided by the rules of the Council. The Mayor appointive personnel, except appointees of the shall sign all approved records of proceedings of mayor or council; the Council and countersign all orders on the treasury. The Mayor shall have no veto power (f) Supervise and control the and shall authenticate by signature all ordinances managers appointees in their service to the city; passed by the Council after being enacted. After the Council approves a bond of a City Officer or a (g) Organize and reorganize the bond for a license, contract, or proposal, the departmental structure of city government; Mayor shall authenticate the bond by endorsement thereon. (Measure 55, November 5, (h) Prepare and transmit to the council 1985 election). an annual city budget; Section 20A. CITY MANAGER (i) Supervise city contracts; (1) The city manager shall be the (j) Supervise operation of all city- administrative head of the government of the city. owned public utilities and property; and The office of city manager shall be filled by appointment of the city council. The manager (k) Perform other duties as the council shall be the chief administrative officer of the city, prescribes consistently with this charter. (Measure and as such shall be chosen solely on the basis of 34-58, November 5,1996 election, Res. 96-53). administrative qualifications and experience, without regard to political considerations. Section 21. MUNICIPAL JUDGE. Appointment and removal of the manager by the council shall require the prior consent of a The municipal judge shall be the judicial majority of the full council recorded at a public officer of the City. The judge shall hold within the meeting. The city manager shall serve at the City a court known as the Municipal Court for the pleasure of the council, and cause shall not be City of Tigard, Washington County, Oregon. The required for termination. court shall be open for the transaction of judicial business at times specified by the municipal (2) The manager shall: judge. All areas within the City shall be within the territorial jurisdiction of the court. The (a) Attend all council meetings unless municipal judge shall exercise original and excused by the council or mayor; exclusive jurisdiction of all crimes and offenses defined and made punishable by ordinances of (b) Keep the council advised of the the City and of all actions brought to recover or affairs of the needs of the city; enforce forfeitures or penalties defined or authorized by ordinances of the City or as (c) See that the provisions of all otherwise provided by state law. The judge shall ordinances are administered to the satisfaction of have authority to issue process for the arrest of C-4 S&Code Update: 01/00 TIGARD MUNICIPAL CODE Title 2. ADMINISTRATION AND consent of the city council. The administrator PERSONNEL shall be the chief administrative officer of the city, and as such shall be chosen solely on the basis of Chapters: administrative qualifications and experience, 2.04 CITY ADMINISTRATOR without regard to political considerations. 2.06 RESIDENCY REQUIREMENTS. Appointment and removal of the city 2.08 PLANNING COMMISSION. administrator by the mayor shall require the prior 2.09 BUILDING APPEALS BOARD consent of a majority of the full council recorded 2.12 PARK AND RECREATION BOARD. at a public meeting. The city administrator shall 2.16 MUNICIPAL COURT. serve at the pleasure of the mayor and the city 2.20 JURY TRIAL*, council, and cause shall not be required for 2.24 CRIMINAL PROCEDURE, termination. (Ord. 86-11 §1, 1986: Ord. 84-06 §l, 2.26 WITNESSES*. 1984: Ord. 65-29 §2,1965). 2.28 POLICE RESERVE. 2.30 POLICE DEPARTMENT 2.04.030 Salary. 2.32 JAIL*. 2.36 PUBLIC LIBRARY*. The compensation for the services of the 2.40 NOMINATING PROCEDURE. city administrator shall be an amount fixed by 2.44 CITY COUNCIL*. action of the city council by resolution. (Ord. 65-29 2.46 LOCAL CONTRACT REVIEW §3,1965). BOARD. 2.48 CITY RECORDS. 2.04.040 Duties. 2.52 ABANDONED, FOUND, SEIZED AND STOLEN PROPERTY. The city administrator shall: 2.56 RECORDER. 2.58 FINANCE OFFICER. (1) Exercise control and supervision 2.60 CITY ATTORNEY. of all activities, departments and offices of city 2.64 CITY CENTER DEVELOPMENT government, except the office of municipal judge AGENCY. and the office of city attorney, and shall interview, select and recommend to the mayor and council Chapter 2.04. CITY ADMINISTRATOR all applicants proposed for appointment to city offices, and make recommendations to the mayor 2.04.010 Office established. and council concerning the replacement of any 2.04.020 Appointment and removal. city appointive officer, other than the mayor and 2.04.030 Salary. councilmen, and shall have authority to appoint to 2.04.040 Duties. and remove from established positions, subordinate employees of the city; provided, 2.04.010 Office established. however, that department heads shall be i appointed and removed after consultation with 1 Pursuant to Chapter III of the Charter of the mayor and council; and cause shall not be the city of Tigard, there is established the office of required for termination of department heads; i city administrator of the city of Tigard, Oregon. (Ord. 65-29 §1,1965). (2) Be the chief budget and fiscal officer of the city and shall perform the functions 2.04.020 Appointment and removal. of budget officer as prescribed by the Local Budget Law of Oregon (Chapter 294 ORS); The office of city administrator shall be filled by appointment by the mayor with the 2-04-1 Reformatted 1994 TIGARD MUNICIPAL CODE (3) Supervise the administration, and be responsible for the enforcement of all laws and ordinances in effect within the city; and shall administer and enforce the policies, rules, procedures and resolutions duly adopted by the mayor and council; shall make such recommendations to the mayor and council concerning the affairs of the city as the administrator may deem desirable; (4) Be the chief purchasing and business agent with respect to all departments of the city; (5) Prepare and submit to the mayor and council financial and activity reports with respect to each of the city departments, not less than monthly, and shall prepare and submit to the mayor and council such other reports as may be required or desirable concerning city affairs; (6) Make available to the public usual and customary information concerning the operations of the city government; (7) Perform such other and further duties as from time to time may be directed to be performed by resolution or motion of the city council. (Ord. 86-11 §2,1986; Ord. 85-05 §18,1985; Ord. 81-52 §l, 1981: Ord. 72-25 §l, 1972; Ord. 65- 29 §4,1965).® { { { { { f 2-04-2 Reformatted 1994 Sol AN EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, made and entered into this 10`h day of July, ~qy and between the CITY OF TIGARD, OREGON, hereinafter referred to as "CITY," and WILLIAM A. MONAHAN, hereinafter referred to as "EMPLOYEE." WITNESSETH: WHEREAS, the CITY and EMPLOYEE desire a written agreement creating a professional and business-like relationship serving as a basis for effective communication and to avoid misunderstanding; and, WHEREAS, by not having to worry about personal finances or family security, the EMPLOYEE can effectively concentrate on the CITY'S business; THEREFORE, in consideration of mutual covenants herein contained and for consideration herein specified, the CITY and EMPLOYEE mutually agree: SECTION I - EMPLOYMENT, DUTIES AND AUTHORITY: The CITY has agreed to employ William A. Monahan as City Manager. The EMPLOYEE agreed to accept said employment as City Administrator initially on November 15, 1994. Prior to that date, EMPLOYEE provided services to the CITY from August 2, 1982 to January 31, 1988, and from August 1, 1994 to November 14, 1994. EMPLOYEE'S prior service shall be recognized in CITY records to establish EMPLOYEE'S years of service for length of service only. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGEI The authority of EMPLOYEE, consistent with State law, City Charter or ordinance, shall include, but not be limited to the following: the overall management, administration, and direction of City operations; the hiring, disciplining, and firing of all City employees, except Municipal Judge and City Attorney; the negotiation, execution and administration of City contracts within budget appropriations pursuant to City policy and ordinance; policy advice to elected officials, and open communication with the community so as to foster responsive and courteous public service. Any reduction or revocation of either the duties or authority, except by mutual written agreement to the contrary, shall constitute a breach of this AGREEMENT. The Mayor and Council agree to the principle of non-interference in the administration as necessary to the orderly and efficient implementation of Council Policy. The Mayor and Council agree to direct their concerns and communications to the administration through the City Manager. The EMPLOYEE agrees to respond promptly to all inquiries from the Council whether made individually or collectively. SECTION 2 - TERM: The term of this AGREEMENT began on February 10, 1998 and shall continue until May 15, 2002. A. Nothing in the AGREEMENT shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, subject only to the provisions set forth in this AGREEMENT. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE2 ti B. Nothing in this AGREEMENT shall prevent, limit or otherwise interfere with the right of the EMPLOYEE to resign at any time from his position with the CITY, subject only to the provisions set forth in this AGREEMENT. C. EMPLOYEE agrees to remain in the exclusive employ of the CITY during the term of this AGREEMENT, neither to accept, nor to become employed by any other employer until said contract termination date, unless said termination is effected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching or consulting on the EMPLOYEE'S time off, which shall be at the EMPLOYEE'S discretion upon advisement to the Mayor. SECTION 3 - TERMINATION AND SEVERANCE: A. Termination Without Cause. This AGREEMENT may be terminated by either the CITY or EMPLOYEE for any reason whatsoever upon the giving of sixty (60) days' written notice to the other party. B. Termination For Cause. In the event of a For-Cause Termination, this AGREEMENT shall not be deemed to construe any waiver or rights or remedy available to the EMPLOYEE. This AGREEMENT may be terminated immediately For-Cause in the sole discretion of the City upon the occurrence of any of the following events: (1) EMPLOYEE willfully and continuously fails or refuses to comply with the policies, standards, and regulations of the CITY as are, from time to time, established; EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE3 (2) EMPLOYEE shall be guilty of fraud, dishonesty, misappropriation of funds, embezzlement, or other act of misconduct in the rendering of services on behalf of the CITY; (3) EMPLOYEE shall fail or refuse to perform faithfully or diligently any of the provisions of this AGREEMENT; (4) EMPLOYEE shall be found unfit for the position per Federal, State and City rules and regulations applicable to all employees in a For-Cause Termination. C. Not-For-Cause Termination. In the event EMPLOYEE is involuntarily terminated Not-for-Cause by the City Council before expiration of the term of employment and during such time as the EMPLOYEE is willing and able to perform the assigned duties, then in that event the CITY agrees to pay EMPLOYEE on a monthly basis and at the EMPLOYEE'S highest rate of base salary during his term of CITY employment, for a six (6) month period. Monthly severance payments by CITY shall cease if prior to or during the period of the above scheduled payments, EMPLOYEE accepts employment with another City, or another employer, including self-employment. EMPLOYEE has an affirmative obligation to notify the City upon acceptance of employment. However, if EMPLOYEE is terminated For-Cause per Section 3B of this AGREEMENT or convicted of any illegal act involving personal gain to him, then CITY shall have no obligation to pay the severance pay. D. If the CITY reduces the salary or other financial benefits of EMPLOYEE in a greater percentage than an applicable across-the-board reduction for all management employees of the City, or if the CITY refuses following written notice requesting compliance with any other provision benefiting EMPLOYEE herein, or if EMPLOYEE resigns following suggestion at a EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 4 public meeting, whether formal or informal, by a majority of the City Council that he resign, then the EMPLOYEE may, at his option, deem the AGREEMENT to be involuntarily terminated without cause at the date of such reduction or refusal to comply with the meaning and context of this AGREEMENT, and the severance pay provision under Paragraph C of this section apply. Termination or resignation in good standing shall entitle EMPLOYEE to a lump sum payment equivalent to all accrued vacation and other entitlement benefits, except that in no event will these benefits exceed similar benefits accorded other management employees. E. If EMPLOYEE voluntarily resigns his position with the CITY before expiration of said term of employment, then EMPLOYEE shall give the CITY at -least sixty (60) days' written notice in advance, excluding use of accrued vacation, and EMPLOYEE shall be present to serve during the period. The City Council shall have the discretion whether EMPLOYEE shall continue in his position during this notice period. SECTION 4 - SALARY, HOURS OF WORK, VACATION AND SICK LEAVE: A. Salary. The CITY agrees to pay the EMPLOYEE for his services in an amount set by the City Council, payable in the same installments and in the same manner as other employees are paid. There may be performance evaluations as often as the Council deems appropriate and as provided in Section 7 of this AGREEMENT. There shall be a merit pay increase review annually during the month of April. The City Council may award a merit bonus, as it deems appropriate, with a cap of five (5) percent of EMPLOYEE'S gross wage over the term of this AGREEMENT. Effective May 15, 1999, EMPLOYEE shall be paid $8,217 per month. EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE5 B. Cost-of-Living Adjustment: EMPLOYEE shall receive future cost-of-living allowances in the same percentage and on the same effective date as other City management employees, within the term of this AGREEMENT. C. Hours of Work: Because the EMPLOYEE will devote a great deal of time outside normal office hours to the business of the CITY and because flexibility in hours worked and work schedule benefit both the CITY and EMPLOYEE, the EMPLOYEE has sole discretion as to his work schedule and hours worked. D. Vacation: The CITY recognizes that EMPLOYEE had education and experience equivalent to ten (10) years' employment with the CITY at date of hire on November 15, 1994. EMPLOYEE shall accrue vacation at a rate consistent with City management vacation rates and be subject to the same accrual limits as other management employees, to be used as he deems appropriate. E. Sick Leave: EMPLOYEE shall be entitled to earn and accrue sick leave benefits on the same terms as other management City employees. In recognition of EMPLOYEE'S service to the CITY from August 2, 1982 to January 31, 1988, EMPLOYEE has received full credit for all unused sick leave credited to EMPLOYEE as of January 31, 1988. Said leave credit was restored to EMPLOYEE'S sick leave account upon verification of the amount by the 4 Finance Department. Since CITY records of EMPLOYEE'S prior accrual were not located, EMPLOYEE was credited for two-thirds (2/3) of the maximum accrual that EMPLOYEE earned a during this prior service to the CITY. EMPLOYEE shall not be eligible to receive any cash or retirement credit for unused sick leave, even if a benefit allowing the cashing out of unused sick a leave, the application of unused sick leave to retirement benefit, or for any other purpose (other EMPLOYMENT AGREEMENT -WILLIAM MONAHAN PAGE 6 1101 - than use of the benefit for approved leave) is made available to other management City employees. F. Management Leave: The personnel policies for management supervisory and confidential employees for the City provides for management leave. Section 4 of that policy provides for three (3) days s per fiscal year for an employee with our four and one-half Y P Y (4-1/2) years of experience with the City. EMPLOYEE shall receive the three (3) days provided by that policy, plus an additional two (`l) days for a total of five (5) days management leave per fiscal year. The management leave must be taken by June 30 of each fiscal year and may not accrue into subsequent fiscal years. G. Pavroll Reporting: EMPLOYEE shall be on straight salary as per this section of the AGREEMENT and shall be paid automatically by the CITY as per this AGREEMENT. Any vacation or sick leave used shall be reported to the CITY in the same manner as for other CITY employees. SECTION 5 - RETIREMENT, DISABILITY AND HEALTH INSURANCE: A. Retirement: The CITY agrees to contribute into the CITY'S retirement program, on EMPLOYEE'S behalf, an amount equal to that same percentage of salary contributed for the CITY'S other management employees. EMPLOYEE and CITY agree that any future adjustment to the retirement benefits of management personnel will apply equally to EMPLOYEE at the same rate of adjustment, effective date, and adjustment to salary. EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 7 B. Health Insurance: The CITY agrees to provide a comprehensive annual physical for EMPLOYEE. The CITY agrees to continue to provide coverage and make full premium payment for EMPLOYEE and his dependants for comprehensive medical Blue Cross Plan II and dental plans equivalent to other programs provided other regular management employees. C. Life Insurance: CITY will offer to purchase a Life Insurance Policy, the cost of which shall not exceed $1,000 per year, on EMPLOYEE'S behalf, for beneficiary to be named by EMPLOYEE. EMPLOYEE has the right to retain such policy at EMPLOYEE'S expense, subsequent to tenure as a CITY employee. EMPLOYEE shall have the option of purchasing Term or Universal Life Insurance. EMPLOYEE may either have the CITY pay the policy provider directly or compensate EMPLOYEE for the cost of EMPLOYEE purchasing the Life Insurance Policy. SECTION 6 - PROFESSIONAL DEVELOPMENT' AND EXPENSES: A. The CITY encourages the professional growth and development of the EMPLOYEE and encourages participation as he deems appropriate in professional associations, short courses, seminars and conferences including, but not limited to: the International City Management Association and the American Planning Association and their annual conferences, and the League 6f Oregon Cities Conference. The CITY shall permit a reasonable amount of time for EMPLOYEE to attend and the CITY shall pay for the direct costs necessary for travel, i subsistence and registration subject to reasonable availability of funds and as approved in the annual budget. I I EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE8 Mill 111 B. The CITY shall provide $300 per month vehicle allowance to EMPLOYEE who shall provide his own vehicle, insurance, operation, and maintenance. EMPLOYEE shall provide for oil and gasoline within the Portland metro area. CITY shall reimburse for gasoline expenses on City business outside the Portland Metro area. C. The CITY recognizes that certain expenses of a job-affiliated nature are incurred by EMPLOYEE on behalf of the CITY and hereby agrees to reimburse or pay said general expenses on a monthly reimbursement basis, and the CITY shall disburse such moneys per receipts or personal affidavits. Any civic service club memberships taken out at CITY expense shall be upon the approval of the Mayor. SECTION 7 - ANNUAL GOAL-SETTING AND PERFORMANCE EVALUATION: The Mayor and individual members of the Council shall be encouraged to periodically identify their concerns to the EMPLOYEE by either informal discussions with the EMPLOYEE or by more formal means during Council meetings. The Council shall meet with the EMPLOYEE at least annually for the purpose of setting Council goals and priorities. The Council and the EMPLOYEE shall meet at least annually to evaluate and assess the performance of the EMPLOYEE in meeting or progressing towards the goals formally adopted by Council as well as the exercise of authority granted in Section 1 of this AGREEMENT. These annual evaluations shall be in closed Executive Sessions and shall be conducted during the month of April. EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE9 In the event the CITY determines that the performance of the EMPLOYEE is unsatisfactory in any respect or needs significant improvement in any area, the CITY shall describe these concerns in writing and in reasonable detail or with specific examples so as to be objective and positive in nature. As provided in Section 4 of this AGREEMENT, the EMPLOYEE'S salary shall be reviewed at least annually after the performance evaluation. SECTION 8 - GENERAL PROVISIONS: A. Professional Liability: The CITY agrees to defend, hold harmless, and indemnify the EMPLOYEE from any and all demands, claims, suits, actions, and legal proceedings brought against EMPLOYEE in his individual capacity, or in his official capacity as agent and EMPLOYEE of the CITY, if EMPLOYEE was acting within the scope of his employment. The CITY agrees to pay premiums on appropriate insurance policies through the CITY'S normal insurance program and through the Public Officials' Liability Insurance Program of the International City Management Association. B. Other Terms and Conditions of employment may be determined by the CITY relating to the duties and performance of the EMPLOYEE, provided that such terms and conditions are not inconsistent with the provisions of this AGREEMENT, the City Charter, or any other law. EMPLOYEE shall receive benefits equal to those provided to other City Management employees, except where specifically addressed in this AGREEMENT. Nothing shall restrict the ability of the CITY and EMPLOYEE to mutually, and in writing, amend or adjust the terms of the AGREEMENT. EMPLOYEE reserves the right to discuss the terms or termination of this AGREEMENT with the Council as a whole or in either closed Executive Session or open Regular Session as State Law allows and as the EMPLOYEE deems appropriate. L~~EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 10 C. Except as otherwise specifically provided by this AGREEMENT, the EMPLOYEE shall be entitled to receive the same salary, compensation, vacation, sick leave, and other benefits as accorded any other management City employee, including provisions governing accrual and payment therefor on termination of employment. All provisions of the City Charter and other City programs relating to employee benefits and working conditions as they now exist, or as amended, shall also apply to the EMPLOYEE as to other unclassified employees, and are in addition to any benefits to the EMPLOYEE specifically identified in this AGREEMENT. D. The EMPLOYEE is required to maintain residence in the City in accordance with City Code requirements. Temporary relocation circumstances may be approved by the Mayor and Council consent. E. The text herein shall constitute the entire AGREEMENT between the parties and any oral or other understandings are not binding upon the parties, unless specifically amended in writing by mutual agreement. This AGREEMENT shall be binding and inure to the benefit of the heirs at law and executors of EMPLOYEE. F. Severability: If any provision, or portion . thereof, contained in this AGREEMENT is held to be unconstitutional, invalid or unenforceable, the remainder of this AGREEMENT, or portion thereof, shall be deemed severable and shall not be affected, and shall remain in full force and effect. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 1 I IN WITNESS WHEREOF, the CITY OF TIGARD, OREGON has caused this AGREEMENT to be signed and executed and the EMPLOYEE has signed and executed this AGREEMENT, both in duplicate, the day and year first written above. Mayor - City o gard William A. Monahan, City Employee ATTEST: City Recorde R VED AS TO FORM U Ci tomey I: WMB ILUEMPAGREEl M OC EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 12 Tigard High Leadership 9000 SW Durham Road - Tigard - Oregon - 97224 (503) 431-5518 - FAX (503) 431-5410 - http://ths.ttsd.k 12.or.us/leadership/home.html Arfvksar 3WYEdI Student Envoy Report "Perpetual optimism is a force multiplier. " Preah6e t3 - - Colin Powell Angeta DavWlan Tigard City Council -April 10`t' 2001 a-~er Old Business ASB Election Results > President - Nathan Leamy faSisyliarttiv Vice-President - Bethany Plumb New Business inept Man Parking Treasurer - 92°d Avenue Repaved 3nrdan Turn" - Numbered Parking Spots Class Elections Andrea Sinumns, April 23-27 - Campaign Week April 29 - Election Assembly Rehearsal April 30 - Election Assemblies and Voting tin Avher Pancake Breakfast and Easter Egg Hunt gc - Saturday, April 14"' TrangWguyen -Nonprofit - Pancakes Served 9:00 am - 12:00 noon - $3 per Person, $10 per Family pubitaty - Easter Egg Hunts at 10:00 am & 11:00 am 3eanW Nguyen Romelio Salas Envoy - Hospitalized With Stomach Condition Rams Ruttzdga - April 17'h - April 20u' Fundraising Week: "One is enough" Pizza Raffles, Coin Jars, Car Cleanings - Fundraising Concert on May 19: "BenefesP' i Academics i April 13 - End of 3`d Quarter April 18 - Academic Letter Awards Night April 29 - Rotary Banquet 3 a a "Striving For the Best Inspires Excellence" THS Leadership '00 - '01 Mission Statement AGENDA ITEM # 3 FOR AGENDA OF April 10. 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Presenting the flag and Pledge of Allejance PREPARED BY: Susan Koepping DEPT HEAD OK6(WWCI"Y MGR OK `L WAM ISSUE BEFORE THE COUNCIL Cub Scout Troop 423 will present the flag and lead the Council and audience in the Pledge of Allegiance. STAFF RECOMMENDATION None INFORMATION SUMMARY The scouts of Troop 423 are led by Janice Eissenberg and Mary Schoeneman. Scouts and parents from this troop are active in the Tigard community. For example, they have planted flower bulbs and mulched flower beds at the Tigard Senior Center for the past two years. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life - Volunteerism Goal #1: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. FISCAL NOTES None iAcitywid6sumdot AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : April 10, 2001 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED =Cw, 7 S-r~Prf~T ~ j i i i al I VISITOR'S AGENDA Page 1 AGENDA ITEM # FOR AGENDA OF April 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Oath of Office - Mavor Jim Griffith PREPARED BY: Cathy Wheatley DEPT HEAD OK ~GI/►~' q,'WNY .CITY MGR OK Ct A V 1W ISSUE BEFORE THE COUNCIL Municipal Court Judge Michael O'Brien will administer the Oath of Office to Mayor Jim Griffith. STAFF RECOMMENDATION Administer oath of office to Jim Griffith, who was elected by Tigard voters at the March 13, 2001, Special Election to serve as Mayor until December 31, 2002 INFORMATION SUNIlVIARY On August 22, 2000, the City Council approved Resolution No. 00-53 appointing James E. "Jim" Griffith Mayor of Tigard from September 12, 2000, until election results of the March 2001 Election were certified to elect a mayor to complete the unexpired term of Jim Nicoli. On March 13, 2001, Interim Mayor Jim Griffith was elected by the Tigard voters to serve as Mayor until December 31, 2002. OTHER ALTERNATIVES CONSIDERED in/a t VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY n/a ATTACHMENT LIST None. FISCAL NOTES n/a I: ADM\CITY COUNCIOCOUNCIL AGENDA ITEM SUMMARIESI AGENDA ITEM SUMMARY SHEET.DOC MI W Oath of Office State of Oregon ) City of Tigard ) 1, Jim Griffith, do solemnly swear that I will uphold and support the Constitution and laws of the United States of America and the State of Oregon and the Charter and ordinances of the City of Tigard. I will faithfully perform my duties to the best of my ability, in the office of Mayor to which I have been elected. m riffit Attest: ~e bD r i j City Recorder Da Agenda Item No. y 0, Meeting of /ID/D( r.c7m~rarrr_It-q-:..i,:•.. ----s°n----,•-•,-r-- - C'', • +~iy-y r 1 ~t ~ rn~~ _ r,,.. w?..~. r Y "I/s~ J na: 71 L:......:111::1:..::1.1ILL:.LJ.IILII2.LI2'~:~;t~'II!It_: i7.•': t t 1 II •j~'. Remembering the Past for the Sake of the Future April 15 22, 2001 WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims - six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or - decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny. WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and govemments; and WHEREAS, we the people of the City of Tigard should always remember the terrible events of the - Holocaust and remain vigilant against hatred, persecution, and tyranny; and Eli" „c WHEREAS, we the people of the City of Tigard should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance have been set aside for the people of the City of Tigard to remember the victims of the Holocaust as well as to reflect on the need for respect of all people; and i;=. WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council desielates the Days of Remembrance of the Victim of the Holocaust to be , Sunday, April 15 through Sunday, April 22, 2001, including the international Day of Remembrance known as Yom Hishoah, April 19; U NOW THEREFORE BE IT RESOLVED THAT I, Mayor James Griffith of the City of Tigard, Oregon, do hereby proclaim the week of Sunday April 15, through Sunday April 22, 2001 as DAYS OF REMEMBRANCE in memory of the victim of the Holoa~tst, and in honor of the survivors, as well as the rescuers and kk` liberators, and further proclaim that we, as citizens of the City of Tigard should strive to overcome { intolerance and indifference through leaming and remembrance. s Dated this day of 2001. V r 4 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of &e City of Tigard to be affixed. = 1 - nnes Griffith, Mayor - - i City of Tigard Attest: rn' City Recorder rl ml Silk.,'>~ ~ , ip-•.~l , ~ ~1 to L. t :r '~A )31"75777 iLI IIZLI 11.111 71 1771 iIf LLCiLL[LL iCLL7IL7I ( 44 11 t o ;1 111 3 5 'ii' t"je' !t}~ ► yt~ zt « L ~U, 9111111 y ~14111t"'` T7I1111 'hllllr t ild`all r j1,1T 'ill i y`,~`t"%rr _ \ i nn t !Iw rln r un r', gntG : m ~-rrr7?r?-:r,-rim :tl.l'Stlll~~ I~\1\~i:.i i < .1 ~}'~~,i t~:... ' t tom, 1 ~\*•1r li . , l,.l~,.............. . 'Jh-.iL1F.i 11111L'• :I1~\ .'!!S._:!IIfL:33tWLL~L• : ! - 1U;.11'•i...vltt:#.liijtt 1' - I' Agenda item No. _51L. Meeting of ID - Q) Tigard City Council Goal Setting Workshop Meeting Tuesday, January 16, 2001 Meeting Minutes Meeting called to order at 1:30 p.m. Members of Council Present: Mayor Jim Griffith, Councilor Craig Dirksen, Councilor Brian Moore, Councilor Joyce Patton, Councilor Ken Scheckla Staff Present: Bill Monahan, City Manager Others Present: Citizens Bev Froude, Martha Bishop, Paul Owen, and Erica Harrison of the Tigard Times Bill Monahan briefed Council on the process used in prior years for Council Goal Setting. Council had received a packet of information which had a detailed summary of achievements of Council Goals for 2000. Council reviewed the definitions used for goal, task, and issue. Council agreed to change the definition of goal, task, and issue. The changes are as follows: Old Definition New Definition Goal: A specific new direction Council A specific direction that Council is wants to take or a specific change in taking. Reaching the goal may not be past direction, or a specific position achieved in one year. the City wants to advocate. Task: A specific activity that is part of a A specific activity taken in department's assigned respons- furtherance of the goal which can be ibilities; part of a department or achieved within a specific period of individual's work program. time. Issue: Matters of concern to the Council Matters of concern to the Council or or raised by citizens over which raised by citizens over which Council has little or no direct Council may or may not have direct control for policy-setting or control for policy setting or decision decision-making, but the City can making, but the City can contribute. contribute. ~~~s~m The City Council then discussed the goal achievement for each of the year 2000 goals. Council discussion was as follows: Goal 1 The Transportation goal was addressed throughout the year with a bond measure election in November. The bond measure failed. Now the transportation system plan is nearing completion. Council needs to address funding options. Goal 2 The City Council completed the Recreation goal as described. There is still a need for addressing recreation needs in the community. Goal 3 The Central Business District Plan was developed. The goal was completed. Council recognized the need for a new goal for the year 2001. Goal 4 Park Master Plan- Most of the work on the Park Master Plan was completed. Funding is an issue for the future. Discussion of Summerlake Park, Cook Park, Northview Park, and others will take place in 2001. 'Goal 5 Water- Council recognized the need to continue the goal. Goal 6 Annexation Policy - During the course of the year the Council annexed all of the islands. There is now a need to develop a policy for other unincorporated areas in the City's area of interest. Goal 7 Housing- Council supported the efforts of Community Partners for Affordable Housing. Council also will consider strategies to provide additional affordable housing. The City Community Housing Code has been implemented. Mayor Griffith noted that he would like to put more emphasis on offering services to Tigard homeowners so they can be aware of ways to upgrade their properties, preserving their investment. The City may consider making tools and resources available to homeowners. Goal g Tri-Met- The City has stressed the need for intra-City bus service. During the past year progress was made with the addition of a demonstration program. Now wwwwra Council members then gave suggestions on areas to consider for goals for 2001. Councilor Patton- Expressed an interest in those areas and goals that the community has not completed. She cited water and Library specifically. Councilor Moore - Expressed interest in expanding citizen education, Library needs, looking at the Transportation bond measure to determine what to do about funding transportation issues. In addition, he stated that he is interested in having recreation or the City support youth activities. He stated that the City should help coordinate what Atfalati team and Linda Eaton's group are doing. He also suggested the Council continue support of the downtown area. Councilor Scheckla- Would like a policy that no construction activity be allowed during Christmas season. In addition, he would like to bring the Fire District in to discussion about street humps. He suggested that the telecommunication legislation before the Legislature should be monitored. Councilor Dirksen- Expressed interest in working further on the goals related to recreation and Park Master Plan. He suggested that Council consider resurrecting the Park Board, making it a Park and Recreation Board. He also thinks that the City should take a more active role in promoting the commuter rail line. Mayor Griffith- Expressed interest in creating an advisory committee to the Mayor. Audience Comments: Bev Froude - Expressed interest in the Council improving communication with the public, educating people on how they may become involved. Also, she noted that the Vision Statement is valid and she hopes the Council reads the latest updates and takes them into consideration in all of its votes. The efforts of the citizens are validated when the Council considers the input shown in the Vision. Council then discussed goals for the year 2001. Direction given for the formulation of goals was as follows: Goal1 Transportation Continue the City's Transportation Improvement Program: a. Complete the City Transportation System Plan, discuss funding mechanisms, and initiate implementation. b. Support and promote commuter rail. c. Develop a fixed route bus program for Tigard intra-city service. d. Revisit Transportation Improvement Projects (the 2000 bond measure) and potential funding sources. e. Promote resolution of 99W issues (and other state owned facilities in Tigard). Tasks for the year 2001 are: 1. Reconstitute the Bond Measure Task Force. 2. Review the bond measure options. 3. Discuss alternative funding solutions 4. Work with Washington County to promote funding of commuter rail. 5. Address issues of Hwy 99W with ODOT and raise issues of the 2001 legislature. 6. Continue to improve pedestrian/ pathway connections. 7. Review the need for sidewalk and street lighting improvements, even on trails. 8. Implement the City Transportation Improvement Program. 9. Promote opportunities to travel through the City of Tigard without accessing Hwy 99W. Goal 2 Provide recreational opportunities. Tasks include: 1. Recreation opportunities for all citizen needs including: a. Programs b. Facilities c. Activities 2. Evaluate the need for a separate Parks and Recreation Committee. Goal 3 Support the efforts of the Tigard Central Business District Association (TCBDA) and their plan to revitalize the downtown. Tasks: 1. Assist in getting funding for implementation of the TCBDA downtown program. 2. Determine the level of City financial support to the revitalization effort. 3. Review development code requirements that affect the downtown (i.e., parking, etc.). Goal 4 Continue to implement the City Park Master Plan. Tasks: 1. Apply funding to the plan. 2. Urge that Washington County establish a Parks Systems Development charge for the Tigard Urban Services area. 3. Complete the Summerlake Park plan. 4. Update the City Park master plan elements as land is added to the City system. 5. Continue to implement the Cook Park master plan. 6. Continue discussions with the Tigard-Tualatin School District for creation of a City Park associated with the proposed Alberta Rider School. Goal 5 Determine the City's long-term water supply. Tasks: 1. Evaluate the three options presently under review. Goal 6 Establish an annexation policy for non-island areas. Goal 7 Encourage and support private sector programs to rehabilitate existing, and develop new, affordable housing. Goal 8 Review the report of the New Tigard Library Construction Committee (NTLCC) and provide direction. Tasks include: 1. Hear the report of the NTLCC regarding programming and potential sites for construction. 2. Provide direction on: a. Size b. Cost c. Location d. Funding 3. Determine when a bond measure for construction of a new library should be placed before the voters. Goal 9 Develop a new citywide sewer completion policy. Tasks include development of the following 1. The program; 2. Cost alternatives and options; 3. A proposed construction sequence; 4. A proposal on how to make the program equitable for those property owners who previously participated in the sewer reimbursement program. Goal 10 Expand citizen involvement opportunities. Tasks include: 1. Focus on improved ways to inform the public. 2. Expand citizen involvement opportunities. 3. Make more effective use of media (Cityscape, cable television, City Web Page, press coverage, meetings, and public contact). 4. Strive toward a consistent public involvement effort. 5. Conduct a "City 101" education program for the public. Goal 11 Participate in the 2001 Oregon Legislative session. Tasks include: 1. Provide input to discussions of the legislature regarding retention of telecommunication franchise fees for local government. 2. Provide input to the legislature as it addresses concerns raised by voter approval of Measure 7. Among other topics discussed by Council at the goal setting session Tvas the concept of developing public art. The Council supports the concept outlined in the memo prepared by Volunteer Coordinator Susan Koepping. Council also heard a proposal from Bill Monahan to review the Municipal Code and bring forth to Council sections requiring update and revision. The review process would take at least one year. Council expressed support of the program. The Council then reviewed the January 9 list of liaison appointments and made recommended changes. An updated list of liaison appointments will be presented to the City Council. The meeting adjourned at 6:45 p.m. Attest: Bill Monahan, City Manager Tyot, Ci igard Date: !i to. aDD I:tA "rrYCOUNCILIGOALS=1%GOAL SETTING MTG 1.1601AOC I I I I I I1 i f AGENDA ITEM # 50 Q. FOR AGENDA OF April 10. 2001 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: Bill Monahan DATE: April 3, 2001 SUBJECT: COUNCIL CALENDAR, March 2001-May 2001 Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. April *10 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting *17 Tues Council Workshop Meeting - 6:30 p.m. *24 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting 30 Mon Budget Committee Meeting - 6:30 p.m. Tualatin Valley Fire & Rescue Community Room May 7 Mon Budget Committee Meeting - 6:30 p.m. Tualatin Valley Fire & Rescue Community Room *8 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting 14 Mon Budget Committee Meeting - 6:30 p.m. Tualatin Valley Fire & Rescue Community Room *15 Tues Council Workshop Meeting - 6:30 p.m. 21 Mon Budget Committee Meeting - 6:30 p.m. Tualatin Valley Fire & Rescue Community Room * 22 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting 28 Mon City Offices Closed - Memorial Day Holiday June *12 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting *19 Tues Council Workshop Meeting - 6:30 p.m. *26 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting i Aadm\cathy\cou ndhcccal.doc Ti and City council TentativeA enda _Greeter 1Np. S g j98~da n®~11 D ` 518101- Business N ~ ~ Ron.Greeter Mg~tlti9 O~ Due; 4125101 Noon ness 4!24101 - Busi N Session Noon Study er Review - 30 min ~{orkshoP ,Oue; 4111101 & Gi Manag study Session mess Council Cath 4117101 ' - W of Pap 414101 Noon Update on Siatus Due' Moore -10 mtin WohoP Topics with School Distri ct - Brian tus eeting 6 34 _ 7;30 Joint M alat~n School District enda - New Tigard Library Consent A9 Tigard u Joint Meeting Margaret -1 out Consent Agenda date 8:00" m" oir Review Goal Up Study ►GA- Gonswct'0n ~missior~Reserv ~uncil Goview Feasibility ater Gomm Reserv oir Re Craig P g:00 - Jor Ed 1 hour RES - MOTION -Ed PGE Joint Audit tud ScoPe_ rove iGA - WOrlc plan an NO d S B Mtn Annexation FULL AGENDA ull Julia N enda Business meeting Victors A9 Envoy ' ~nditional Use R Rutledi tH5 zo je 0005 Recreation (og Pa A le20 d rks! PH 1 L & l. VA Distract - Williams within the i-P, _ T _ Ed Business Meeting eCkert & Max 10 in BLUE gKEE <Jleetin9 With R an D Duane R " cceptance - Duane - 1. (7-.30) 30 min MOTtoN - Sidewalk A at the 2000 Census - _ Cath ' ~ntract APPrOVal - L°ok adar prelimina Feasibility Study 2, Photo R 154ih Ave - PN - _24 min and Rgoo;ery~r w - Ron _ 15 min ur lus property - Aqu'rfer Storaga Ed W & MOntgome 3. Disposal of S P end Titre 14)- Pro9Tess Re Oft - Sam M _ 20 minSlope j jrw lions 15 min 4. Private Dnve ORD "Gary L - 5 min L _ 20 min 5_ auildin9 Update - (3a Personal Service M_5 min Reny Revision of and 96-09 C aig P cts _ ORD ~ntra ear99-O.xls page 1 iJadml9feerltentuty a91Y 312812G01 Tigard City C nda .Greeter Tentative A9 6(1210'1- Business TAP ,Greeter pus: 5!30101 @ Boon 5122101- BusUess'N Study Session 519101 @ Noon Worycshop Due. 5115101 - Study Session Noon Due.. 512101 'Topics 15 min Workshop,ud ep,Bnen-NadSNEEZ 1 Meettn with date - UZ - BLUE nt Agenda communications U - consent Manager Review city consent Agenda Meeting vista{s Agenda Business THS Envoy - s Meeting Years of Service - APP ove 2001-2002 Budges! ct (BiD) PH .Jim - Econom. improvement R Busines a 20 (from 611181) pcknowtedg - 5 in g1.UE SNBE~ Ramis Firm - Oath ear99-O.x1s page 2 reerlten~ ag1Y I:ladrn(9 3►2812001 AGENDA ITEM # - C FOR AGENDA OF April 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Receive and File the Annual Solid Waste Financial R ort Findings ~v WAY4 PREPARED BY: Tom Imdieke DEPT HEAD OK CITY MGR OK 4 JAN ISSUE BEFORE THE COUNCIL Tigard Municipal Code requires that the City Manager report to the Council by April 1 st on the solid waste franchisee financial reports and propose rate adjustments, if any. STAFF RECOMMENDATION No rate adjustment is necessary at this time based on the review of the annual reports for calendar 2000. INFORMATION SUMMARY The annual solid waste financial reports have been submitted by the franchised solid waste haulers in the City of Tigard. An aggregate report summarizing the data is attached to this summary. The aggregate rate of return for the haulers was calculated to be 10.63%. This rate falls within the acceptable range established by the Counci of 8% to 12%. OTHER ALTERNATIVES CONSIDERED No alternatives available, this report is required by Tigard Municipal Code. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable ATTACHMENT LIST i Aggregate franchise hauler financial report and explanatory cover letter. i FISCAL NOTES None 3 a S MEMORANDUM TO: Bill Monahan, City Manager FROM: Tom Imdieke, Financial Operations Manage RE: Solid Waste Financial Annual Report for 2000 DATE: March 27, 2001 As required by Tigard Municipal Code (TMC) 11.04.090, the two franchised solid waste haulers in the City of Tigard service area have submitted their annual financial reports for the year ending December 31, 2000. The TMC also requires the City Manager to report to the Council by April 1 on the franchisee reports and recommend any rate adjustments that might be required based on the review and analysis of the reports. I have reviewed the annual financial reports and prepared an aggregate report that is attached. The aggregate rate of return for the haulers was calculated to be 10.63%. The Council's policy on allowable rate of return provides for rate adjustments if the aggregate profit rate falls below 8% or is over 12%. Based on this policy and the calculated return of 10.63% for the calendar year 2000, a rate adjustment would not be required at this time. Over the last few months, the City Council has been briefed on recent case law and its impact on the solid waste industry in this region. The outcome of a pending appeal before the 9th Circuit Court as well as a second AGG lawsuit currently being considered by the Oregon U.S. District Court are obviously unknown at this time. However, a review of commercial rates and residential rates may be necessary within the near future depending on the outcome of these court actions. Staff will update Council after receiving the results of the current lawsuit (anticipated in June, 2001) and prepare a recommendation whether any solid waste rate adjustments should be considered as a result of new court decisions. cc: Craig Prosser Loreen Mills Direct Labor Indirect Cost - - 2000 flours 1,220,829 1998 1999 Gity of Tigard, Oregon al Repods 1997 392.434 Flnana 1996 ,1,158 2232.847 14,840 mber 31 2 01 ce . 2000 1995 2 076, 12fi ,485.637 +sed solid Was to twule's (252.790) pranct; 1994 21083,047 2,237.939 2 For Year ended 931,297 2193,856 6,781) Aggregate Report 1993 1,931 • 2,213,8°• 1.28°!0 -IA.-3?/- A-50,569 1529,431 (117,730) ,216 (134,$11) y,67 /o 1991 A',58 1309 r.02. 5,129 2,461 ,919) % 596 1.452 {55698) (129 1230.5+12 6.73°/0 6.28 0 1070,859 1244 675 1'33 43,}7} {53,883) . .3 64°l0 Q 0 Revenue 1Q4,912 (2 , 48°!0 4 0 Drop Boxes Operating Cosis 1,, {34,053) (14.133) -1 00 0 Operating ° -1.15°!0 0 p 0 Net Income 3.18 to 43348 3 4,06 Q 0 4.0Oolo #plVlOt 47,912 9136 0 00°!0 0 p 47,299 115.'r88) B7410/0 0.00 to 0. 781) 1252790) 0 42°!0 734) (22r, , •11.32°l0 11.28°!0 Drop Box RecYc1in90pera8n9 Revenue O 0 Q.00°!0 0.62°!0 36 101.726) (130 810) (115 67 010 - 221 Operating Costs t 6$1 0.00°lo t7148fi) 5.18°!0 -6.280/0 2.272,242 2' 441' 02 8.383 Net income 0.00°!0 (53,50 4.55°!0 1 (24,347) 2,162,565 A40,572 , 949,74 (14,133) -3.36°lo p4 y ,8 2 1374,207 1. °l0 134,053) 1.86°/0 2()46,903 21'3 ~y 978 7M3 58 3 831 670 39.71 318°l0 1623.219 1940,689 1,323.475 45°/0 6.60° o Box Net Income 1486,082 285219 1.013,141 723,425 189,1gl 167,9651 7.154 -Total prop 835 1,364,323 1196.556 1 49 527,548 35 0/0 32.52°!0 36.4 68,565 65, 1,247. 1035,424 337 6, 718°/0 93,337 328,899 289,526 20. Go/' 2 ' 99 ip2 567 366 Can Operating Revenue 1,080 970 19 48°!0 630,434 1 (491,735) Residential s 166,865 38,612 624,54A 1498,80) 8y°l0 costs °!0 ° -2 OPeraYtn9 24.11 633 13.37°!° 113,101 190'941 153 (537,497) 4910 (52020°l 575.44°!0 727. Netlncome 156 46,8 y410i 714,880} t5941) 53 '0 29, 441920 (5 15 39. 19,94 78 to 10 432 76318 33,594 377.141 (429.400) gQ01o - 2 886 cling Revenue 234,857 (gQ1,066) 66°!° 272' 4314 Res 354235 identialRec- O~rating 47.945) 99o/O -379. 4528 321,289 Operating costs (20126 e) X193.39% 855. 3 043 47.414 371329 (316,975) (343,803) me _599.10 ° Nettnco ,754 21932 336.095 367(3 977) 1366.500) 7347.59°l0 -3295.6510 38, 377,953 (333, 492) ~ (319, 7/0 810073/0 gQ.2 11 4 209 4 813 193788 g746 034) { 021) 0 15, 12620.09°!0 -11091.97 115,540) 89 ° 4.46% 6.435 4 841) (1551 0 5 /o - 204 208) {179,438) { y 12°l0 0.68 I. 49 530 Yard Debris OPeragn9 Revenue o (8,222) .121.70% .400.0 0 843 702 8.79°t0 8.36 /o 825,921 i 873 OPe~~~~sts .04% 114.54°/0 1 246 7 85) (362, 00% (20 Ne .i7. 829,582 496759 (116341) 801327 4166 502.836 (22268) .14.21°l0 346,943 (34.398) 7.59°l0 811,326 517,686 345,416 323.45 41. 1.60°/0 782,064 1 12°/° 41.64°!0 39.12°0 etlncome -2.68% 049 692,896 459,Og4 5,275 283, 00!° -Total Residental N 602231 696, i 454,890 322,374 25-7 35. 0 342,421 381,878 238,1p6 41.30°/0 31.70 30.023 1068 28242 Revenue 0 314, 34.36°l0 413 15,234 106,048 Mul6tam+►Yp5 Operating costs Q 2591B AO l0 45.14% 2p 102 16271 124,985 (76,025) 93, 1 0 ncAme 0.00°to 43. 001 53,082 6 ,737 7 288 8) {76, 280 t 720 44 % 253.2210 33, 1722 614 6716 34) (53,210) 262.55% 468• 270,918 6,702 10,94b 8 c1in9 u0 0 73.395 6g 092) {4g 721) 127.57°1 0 -34272/0 26 558 213,3330 31.01°!0 0 Multifamily Recy operating Revenue 0 (66 693) t _147.63 to 230 863 84°to 36°! Operating Costs 8 385.12°/0 -622.19 !0 308,336 204.6810 28.11°/0 31;..7 0.00 !O 086 189,385 36.92°l0 24. Net Income 246 0 193,117 34.81% 26. 71°l0 0.00% 31. Net Income -Total Multifamily Aggregate Report City of Tigard, Oregon Franchised Solid Waste Halulers Financial Reports For Year ended December 31, 2000 Direct Labor 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 Hours Indirect Cost Commercial Containers Operating Revenue 2,147,476 1,821,499 1,851,488 1,951,458 2,085,617 2,265,270 2,391,901 2,326,220 2,377,042 2,432,500 Operating Costs 1,385,438 1,146,363 1,166,407 1,206,299 1,270,238 1,410,526 1,443,952 1,459,727 1,501,268 1,470,111 5,383 142,349 Net Income 762,038 675,136 685,081 745,159 815,379 854,744 947,949 866,493 875,774 962,389 35.49% 37.06% 37.00% 38.18% 39.10% 37.73% 39.63% 37.25% 36.84% 39.56% Commercial Recycling Operating Revenue 72,479 70,972 72,717 166,378 236,215 117,498 126,771 120,917 148,718 224,242 Operating Costs 232,607 204,379 225,247 254,154 300,123 343,081 385,705 384,630 378,647 444,246 4,579 121,098 Net Income (160,128) (133,407) (152,530) (87,776) (63,908) (225,583) (258,934) (263,713) (229,929) (220,004) -220.93% -187.97% -209.76% -52.76% -27.06% -191.99% -204.25% -218.09% -154.61% -98.11% Total Commercial Net income 601,910 541,729 532,551 657,383 751,471 629,161 689,015 602,780 645,844 742,385 27.11% 28.63% 27.68% 31.04% 32.37% 26.40% 27.36% 24.63% 25.57% 27.94% Medical Waste Operating Revenue 47 998 17,491 24,951 12,393 7,665 1,627 1,962 1,951 1,750 Operating Costs 2,374 1,668 18,323 22,662 11,069 3,566 2 1 1 0 0 0 Net Income (2,327) (670) (832) 2,289 1,324 4,099 1,625 1,961 1,950 1,750 -4951.06% -67.13% -4.76% 9.17% 10.68% 53.48% 99.88% 99.95% 99.95% 100.00% Consolidated Net Income 531,132 697,775 637,117 548,688 627,232 531,390 611,254 640,029 650,241 876,473 Other Revenue 9,419 6,191 35,916 20,235 8,257 57,745 12,074 8,776 7,202 10,892 Other Costs 118,611 102,474 83,652 91,900 (4,552) 0 0 (220) (220) 0 Grand Total Net Income 421,940 601,492 589,381 477.023 640,041 589,135 623,328 649,025 657,663 887,365 Total Revenues 4,581,709 5,135,427 5,530,735 6,260,574 6,884,969 7,327,099 7,630,780 7,640,426 7,732,347 8,345,753 46,166 1,220,829 Profit Percentage 9.21% 11.71% 10.66% 7.62% 9.30% 8.04% 8.17% 8.49% 8.51% 10.63% AGENDA ITEM # S- a . FOR AGENDA OF April 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Receive and File: Canvass of Votes March 13,2,0001 Election PREPARED BY: C. Wheatlev ~C` c) DEPT HEAD OK ` W*I Y MGR OK -9 W IN ISSUE BEFORE THE COUNCIL Receive and File: Official Election Results for the March 13, 2001, Election. STAFF RECOMMENDATION Receive and file the Abstract of Votes provided for Council's information. INFORMATION SUMMARY Each time the City Recorder canvasses the votes as required by the Washington County Elections Division, a copy is filed with the City Council at a Council meeting in order to officially "receive and file" the information. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST 1. Copy of notice advising that the City Recorder canvassed the votes and concurred with the results. 2. March 2001 Special Election Summary Report of Votes Cast FISCAL NOTES Washington County will bill the City for the Special Election in about two weeks. The last time the City had an issue on a special election ballot (September 1999), the City's share of the costs was $11,772. We did not plan for any special elections at the time the budget was prepared last year; therefore, when we receive the invoice from the County, staff will submit a budget adjustment request to the City Council. I:\ADM\CITY COUNCIUCOUNCIL AGENDA ITEM SUMMARIES\CANVASS OF VOTES - MARCH 2001.DOC glow, MAg-21-1001 10:18 FROM-WASH, COUNTY ELECTIONS 5038464854 T-061 P.002/004 F-626 WASHINGTON COUNTY OREGON A H-AcN M s n/T 1 March 22, 2001 Catherine Wheatley Tigard City 13125 SW Hall Blvd Tigard OR 97223 Enclosed you will find a copy of the Abstract of Votes for Tigard City Mayor relating to the election held on March 13, 2001. In accordance with ORS 255.295, please canvass the votes and notify the Washington County Elections Division within thirty (30) days of receipt by signing and returning the bottom portion of this letter to: Washington County Elections Division 150 N 1st Avenue, MS 3 Hillsboro OR 97924 Thank you very much. Sincerely, Yv Ginny Kingsley Elections Manager Glad I have canvassed the votes for Tigard City Mayor, relating to the election on March 13, 2001. By signing this canvass letter, I concur with the final results. AUTHORIZING SIGNATURE DATE 1~~~ ~~1Ccsh . C. Department of Assessment & Taxation, Elections Division CUD 150 North First Avenue, MS3 Hillsboro OR 87924 Phone.. 503/846-8670 Fax: 503/846-4864 11 11111 11111111 1 111 IIIJI'11111~jijjjl~11111 I'll" I w .,~.W - Page 9 MARCH 2001 SPECIAL ELECTION Date 03/22/2001 OABC MARCH 13, 2001 Time 08;43:03 SUMMARY REPORT TUALATIN HILLS P&R POS 1 (#/PCT 59) TIGARD CITY HAYOR (NIPCT 9) (#/RPT 59) (#/RPT 9) (No. to vote for 1) (XIRP 100.0) (No, to vote for 1) (%/RP 100.0) ca ` DONNA L MONTEE 1070 8.8 JIkI GRIFFITH DEANNA MUELLER-CRISPIN 6482 53.5 3183 700,0 o z JANET ALLISON 4548 37.5 Blank voted (ballots) 1435 31.0, a ll) Blank voted (ballots) 2046 14.3 Over voted (ballots) 0 0.0 Over voted (raI!C`.S; 1,33 .9 C2 0 ~ V TUALATIN HILLS P8R POS 2 WPCT 59) (#/RPT 59) (NO. to vote for 1) (X/RP 100.0) MARK V K DSEN 9622 79.5 DAR PECX 2470 20.4 Blank voted (ballots) 2146 15.0 v Over voted (ballots) 41 0.2 v co TU0.LATIH MILLS P&R POS 3 (#/PCT 59) (#/RPT 59) 00. to vote for 1) (%/RP 100.0) BRUCE S CALRY14PLE 7691 62.8 BILL MALPERT 4547 37.1 Blank voted (ballots) 2006 14.0 Over voted (ballots) 35 0.2 34-39 SNERwm my (#/PCT 2) vs ANNEXATION (#/RPT 2) o (No. to vote for 1) (%IRP 100.0) W YES 897 65.0 w AO 481 34.4 r Blank voted (ballots) 230 14.2 Over voted (ballots) 6 0.3 ~y! 3E t l3 ' S O m 0 N ~ N N d^. MEN MICR-22-2001 10:18 FROM-WASH, COUNTY ELECTIONS 5038464854 T-061 P.004/004 F-626 OFFICIAL STATEMENT OF VOTES FOR THE SP CIAL DISTRICT ELECTION ON RCH , TIGARD CITY MAYOR ege umber 96.089.001 R 7 T T J i G R R G N i.. S 0 0 R G T U U 0 R '4Y E T T I S. R C F E P I F O R Y T t' V C H E m E O T N A E T Y R A O r S G R E 00 WASHINGTON SQUARE 234 411 17.5 25 02 WALNUT ISLAND 49 1171 23. 7V 79 03 TIGARD/GAARDE ST 32 676120.6% 42 04 FOWLER SCHOOL 234 4 20.421 3 05 TWALITY SCHOOL 341 7091 20. 47 06 TIGARD CITY HALL 305 60 19.6 41 8 SUMHERFIELD 412 11821 28.6 87 09 SIIHMERLAKE-WEST 20 21 10.5% 17 16 SUMMERLAKE-EAST 1581 224 14.1 161 R*• T O T A L S" 2270 461 2D.3 3183 i 3 NEI AGENDA ITEM # 5, o< e FOR AGENDA OF 4/10/01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE PEG & PCN Grants ~n 1,, ~n PREPARED BY: Paul de BM)m DEPT HEAD OK W AAY MGR OK ~ ►~VWA1 ISSUE BEFORE THE COUNCIL For Information Only. The Spring 2001 cycle of Public - Education - Government and Public - Communications Network grants from AT&T as specified in the franchise agreement. STAFF RECOMMENDATION Submit grants. INFORMATION SUMMARY There is $360,000 available this cycle. The City of Tigard intends to submit grant requests for computer equipment in the Police department for a Pawn Database and for software in Community Development to bring our Tidemark Permitting system up to date. OTHER ALTERNATIVES CONSIDERED Budget for the hardware and software requested. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST List of previous granted requests. FISCAL NOTES These are not matching fund grants so no City money will be expended. Emma _ r , PEG/PCN Awards Distribution Amount Amount Total by IPercent y II PEG Replacment Equipment: Requested iFunded Category by Category Fall'99 ITVCA Office Computer/Production System $96,6451 $45,025i Fall'99 ,TVCA PEG Production Equipment $84,005 $84.005 Fall'OO TVCA IOffice Computer/Production System $376,436 $136,5621 $265,592.00 25% 2 PEG Built Ins: Fall '99 TVCA (Tig/LO) Govt. "Built-ln" Remote Production Equip, $102,200 $149,2501 Spring '00 TVCA (LO) Govt. "Built-In" Remote Production Equip. NIA $47,0501 Fall'OO TVCA (Wa.Co) Govt. "Built-In" Remote Production Equip. $99,500 $99,5001 $295,800.00 28916 3 PCN Small Jurisdictions Fall'99 Forest Grove PCN Connection & Operating Expenses $12,116 $11,063 Fall '00 King City PCN Connection, Equipment & Operating Exp. $35,167 $20,790 $31,853.00 3% 4 PCN New Installationilocation Fall'99 Beaverton SD PCN Connections (3 Schools) $41,000 $41,000 Fall'99 Beaverton SD PCN Connection (Admin. Building) $10,000 $10,000 Spring '00 WCCLS PCN Connection (New Admin. Office) $16,084 $16,084 Spring '00 Tualatin PCN Connection (Sr. Center) $20,000 $6,000 Spring '00 Hillsboro SD PCN Connection (New Dist. Office) $47,000 $47,000 Spring'00 Tig/Tual. SD PCN Connection (New Dist. Office) $41,049 $41,0491 Fall '00 Tig/Tual. SD Additional Funding for Router from Sp.'01 $13,603 $10,896 Fall'OO Forest Grove PCN Connection (911/CAD to WCCCA) $1,375 $1,1251 $173,154.00 16% 5 PCN/BUG ex enses Spring '00 Tualatin PCN Operating Expenses $18,000 $18,000 Fall '00 Forest Grove PCN/BUG Operating Expenses $9,434 $9,434 $27,434.00 3% 6 PCN Consulting "Fall '99 NWRESD Streaming Digital Video $70,000 $10,5001 "Spring '00 Tualatin PCN Network Consultation & Hardware Equipment $18,000 $18,000 "Spring'00 BSD & other PCN Video Streaming - Wash. Co. SD's $30,900 $8,500 $37,000.00 3% 7 PCN Hardware E ui ment Spring '00 Beaverton SD Layer 3 Switch $27,269 $27,269 Spring '00 Hillsboro SD New (District) Firewall $50,000 $35,000 Fall'00 Tiglfual. SD Five Network Servers & Temp.Personnal $32,820 $22,820 Fall '00 Beaverton PCN Border Router Upgrade $40,000 $40,000 Fall'00 Hillsboro SD Layer 3 Switch $40,000 $40,000 FaII'00 Forest Grove New PC for WCCCA Connection $1,290 $1,290 Fall'OO NWRESD Layer 3 Switch $75,057 $75,057 $241,436.00 23% $1,072,269.00 100% Gramt Totals b Rounds Fall 1999 $600,593 $350,843 Spring 2000 $765,806 $263Fall 2000 $1,130,235 .57!M41 Total (to date) $2,496,634 $1,072,269 "Innovative (in Italics) Grants in MACC Staffs opinion. PEG Grant Summary:---- - - - - - - - - - Amount Amount - Period Organization *Grant Descnpuon ;Requested Funded Fall '99 NVCA Office Computer/Production Systemi $96,6451 $45.025' Fall'99 TVCA PEG Production Equipment $84.0057 $84,005 Fall '99 TVCA (Tig/LO)IGovt. "Built-in" Remote Production Equip. 1 $102,2001 $149.2507 !Fall 1999 PEG Grant Total 1 $282,8501 $278,2801 I 1 Spring '00 TVCA (LO) (Govt. "Built-In" Remote Production Equip. IN/A $47,0501 ! Spring :00 TVCA ;PEG Production Equipment $220,7291 $Oi Spring '00 TVCA (Wa.Co)IGovt. "Built-In" Remote Production Equip. $99,5001 $01 Sprng '00 TVCA (Bvrtn) Govt. "Built-In" Remote Production Equip. $99,5001 $01 Spnng'00 TVCA - Tigard"Built-In"_TV Equip. Rm. T $9.000 $01 1 !Spring 2000 PEG Grant Total $428,7291 $47,0501 ! Fall '00 TVCA Office ComputerlProduction System $376,436 $136,5621 -I Fall'00 TVCA (Wa.Co) Govt. "Built-In" Remote Production Equip. $99,500 $99,5001 Fall '00 TVCA (Bvrtn) Govt. "Built-In" Remote Production Equip. $99,500 $01 Fall 2000 PEG Grant Total- $575,4361 $236,062 PCN Grant Summa _ _ _ I__ _ Amount Amount `il Period Organization Grant Description iRequested (Funded Fall '99 NWRESD Streaming Digital Video -t- __$70,000 $10,5001 1 _ Fall'99 Beaverton SD PCN Connections (3 Schools) $41,0001 $41,0001 Fall'99 Beaverton SD PCN Connection (Admin. Building) $10,0001 $10,000 Fall'99 Forest Grove PCN Connection & Operating Expenses $12.116 $11,063 Fall '99 Forest Grove City Website Development $5,000 $0, Fall'99 Forest Grove Modem (Reimbursement) $10,172 $0 Fall '99 Tigfrual. SD IP Telephony over PCN $67,701 $0 Fall'99 Beaverton Beaverton Library Network $101.754 $0 Fall 1999 PCN Grant Total $317,743 $72,563 Spring'00 WCCLS PCN Connection (New Admin. Office) $16,084 $16,084 Spring'00 Tualatin PCN Network Consultation & Hardware Equipmen $18,000 $18,000 _ Spring '00 Tualatin PCN Connection (Sr. Center) $20,000 $6,000- Spring'00 Tualatin PCN Operating Expenses $18,000 $18,000 Spring '00 Beaverton SD Layer 3 Switch $27,269 $27,269 Spring '00 BSD & other PCN Video Streaming - Wash. Co. SD's $30,900 $8,500 Spring'00 Hillsboro SD PCN Connection (New Dist. Office) $47,000 $47,000 Spring'00 Hillsboro SD New (District) Firewall $50,0001 $35,000 Spring'00 Tigfrual. SD PCN Connection (New Dist. Office) $41,049 $41,049 Spring'00 TVF&R Studio Equipment Upgrade $68,775 $0 Spring 2000 PCN Grant Total $268,302 $216,902 Fall'00 Tigrrual. SD Five Network Servers & Temp.Personnal $32,820 $22,820 Fall '00 Tig/Tual. SD Additional Funding for Router from Sp.'01 $13,603 $10,896 Fall '00 Beaverton PCN Border Router Upgrade $40,000 $40,000 Fall '00 Hillsboro SD Layer 3 Switch $40,000 $40,000 Fall '00 King City PCN Connection, Equipment & Operating Exp. $35,167 $20,790 Fall '00 Forest Grove PCN/BUG Operating Expenses $9,434 $9.4341 Fall'00 Forest Grove PCN Connection (911 /CAD to WCCCA) $1,375 $1,1251 Fall '00 Forest Grove New PC for WCCCA Connection $1,290 $1,2901 Fall '00 NWRESD Layer 3 Switch $75,057 $75,057; Fall'00 NWRESD PCN Instructional Technology-Digital Video $42,420 $0 Fall '00 Tig/Tual. SO Network Hardware for Telephone Mgmt. $6,8401 NO Fall'00 Tig/Tual. SD PCN Additional Servers $41,076 $Oi Fall '00 Beaverton PCN Operating Expenses $30,600 $01 Fall '00 Hillsboro 513 Layer 3 Switch (7) $74,0001 $0! Fall '00 Tigard Police PCN Connection, Equipment. & Operating Exp. $111,1171 $01 Fall 2000 PCN Grant Total $291,1661 $2211,412; MIN AGENDA ITEM 3 a' - FOR AGENDA OF April 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Construction Contract for the Rose Vista Drive Sewer Extension PREPARED BY: Greg Ben DEPT HEAD OK ,MGR OK l V W ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the award for the construction of the Rose Vista Drive Sewer Extension? STAFF RECOMMENDATION The staff recommends that the Local Contract Review Board, by motion, approve the contract award to Excel Excavation, Inc., in the amount of $110,921.50. INFORMATION SUMMARY The line will provide service to fifteen lots along SW Rose Vista Drive through Sewer Reimbursement District No. 20 of the City's Neighborhood Sewer Extension Program. The Council authorized formation of Sewer Reimbursement District No. 20 by approving Resolution 01-11 on February 27, 2001. The bid opening was conducted on March 27, 2001. The bid results are: Excel Excavation, Inc. Tualatin, OR $110,921.50 Oregon Siteworks Aloha, OR $118,500.00 Cipriano & Son Construction, Inc. Boring, OR $139,570.00 Oregon Excavation, Inc. Clackamas, OR $140,662.00 Siteworks, Inc. Salem, OR $146,952.00 Miller & Sons Contractors Sherwood, OR $147,173.55 Cretview Construction Inc. Hillsboro, OR $148,984.00 Eagle-Elsner, Inc. Tigard, OR $155,848.00 Three Dimensional Contracting, Inc. Portland, OR $157,421.65 T West Contractors, Inc. Boring, OR $269,573.00 Engineer's Estimate $137,000 There were 14 bids submitted, four were non-responsive. The bid document required all bidders to submit a bid bond (for bids over $10,000), to acknowledge the project addenda, and to submit a First-Tier Subcontractor Disclosure form (for bids over $75,000) such that their bids could be considered as being responsive. The following 4 bidders that did not submit First-Tier Subcontractor Disclosure form and hence considered non-responsive are: Wystan Brown Excavating, Inc. Boring, OR $110,882.00 ~a GVS Contracting, Inc. Sherwood, OR $171,526.50 Sun Quest Construction, Inc. West Linn, OR $200,348.65 Northwest General, Inc. Vancouver, WA $247,645.30 Excel Excavation, Inc. is determined to be the lowest responsive bidder for the project. OTHER ALTERNATIVES CONSIDERED There is no need for further extension of the proposed line. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NSA ATTACHMENT LIST Project Location Map FISCAL NOTES The amount of $1,000,000 has been set aside in the approved FY 2000-2001 budget for the Neighborhood and Commercial Area Sewer Extension Programs. There is adequate funding to construct this project. 1:%d y%ide%wMt-mary sheet for lose vista awattl.doe LLJ Q SW WALNUT ST Irv P P FONNER ST PARK ST w ya o ~\G ,r G Q- d ROSE VISTA DR N MC p N ALD ST N GAARDE ST ROSE VISTA DRIVE PROACT L OC TION MAP L®CA'TIoN - NOT TO SCALE AGENDA ITEM # 5 bY, FOR AGENDA OF April 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for the Construction of Kable Street Storm Drainage Improvements J~e 44o 4'w PREPARED BY: Vannie Ngu en DEPT HEAD OK Agusti n Duenas CITY MGR OK Bill Ukll ahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of Kable Street Storm Drainage Improvements? STAFF RECOMMENDATION The staff recommends that the Local Contract Review Board, by motion, approve the contract award to D & A General Contractors, Inc. in the amount of $34,074.33. INFORMATION SUMMARY In the City Council meeting on March 13, 2000, Council awarded a construction contract to Pipe Dreams, Inc. to construct a new drainage system on the south portion of Hoodview Drive and connect that system to the existing drainage system on Kable Street. This project was intended to collect the extensive amount of stormwater on the street and to divert year-round discharge from some lots to the new drainage system. However, the existing 12-inch pipe in Kable Street is undersized and incapable of receiving the entire amount of stormwater from Hoodview Drive. In addition, the existing corrugated metal pipe material is gradually failing and has required frequent maintenance for some time. This project proposes to replace the existing 12-inch pipe in Kable Street with a 15-inch pipe. The proposed 740- foot main line begins at 103rd Avenue to intercept runoff from the uphill area near the Erickson Heights Subdivision and ends at an existing manhole in 100d' Avenue. The existing pipe in Hoodview Drive that was installed last year will be connected to the new line in Kable Street. There are also 5 catch basins, 2 manholes and 125 feet of laterals to be installed in addition to the main line. The bid opening was conducted on March 27, 2001. The bid results are: D & A General Contractors Vancouver, WA $34,074.33 Oregon Siteworks Aloha, OR $41,600.00 Wystan Brown Excavating, Inc. Boring, OR $49,138.00 C & W Grading Tualatin, OR $49,498.13 GVS Contraction Inc. Sherwood, OR $50,097.20 Cipriano & Son Construction Boring, OR $54,157.00 Crestview Construction Inc. Hillsboro, OR $55,952.00 C.R. Woods Trucking Inc. Sherwood, OR $54,379.00 Miller & Sons Contractors Sherwood, OR $56,011.75 Excel Excavation, Inc. Tualatin, OR $56,448.00 Dirtco, Inc. Oregon City, OR $57,718.00 Oregon Excavation, Inc. Clackamas, OR $64,245.00 Three Dimensional Contracting, Inc. Portland, OR $64,265.89 Northwest General Inc. Vancouver, WA $69,751,50 Eagle-Elner, Inc. Tigard, OR $71,186.00 Sun Quest Excavation & Utilities West Linn, OR $74,323.44 J.L. Arndt Construction Co. Troudale $48,028.00 non reponsive Flowline Excavation & Underground Forest Grove Late Submittal Engineer's Estimate $47,200 There were 18 bids received. However, one bid was submitted late and one was non-responsive. The late bid received after the closing time for submittal was rejected and will be returned to the bidder. The bid document required all bidders to submit a bid bond (for bids over $10,000), to acknowledge the project addenda, and to submit a First-Tier Subcontractor Disclosure form (for bids over $75,000) such that their bids could be considered as being responsive. J.L. Arndt Construction Co. did not acknowledge the project addenda, hence that bid was considered non-responsive. D & A General Contractors is determined to be the lowest responsive bidder for the project. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Project location map. FISCAL NOTES This project was funded in the amount of $45,000 in the FY 2000-01 CIP Storm Drainage System Program. There are sufficient funds remaining from other storm drainage projects, should award at a higher contract amount be necessary. The funds available are sufficient to award the contract of $34,074.33 to D & A General Contractors, Inc. 1ACitywide\SumW gcnda Summary for Kable Street Project 1 LADY MARION DRIVE SATTLER w HOODVIEW DRIVE z ROAD U a D z o KAQLE a STREET 0 0 pR®dECT LOCATION DRIVE HIGHLAND KASLE STREET AP NOT TO SCALE AGENDA ITEM # 5, FOR AGENDA OF April 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A roval of the Health Streams Plan Agreement with Unified Sewerage Agency PREPARED BY: G.N. Berrv AYJ3 DEPT HEAD OK APD CITY MGR OK WWAAM ISSUE BEFORE THE COUNCIL Shall the City enter into an Intergovernmental Agreement (IGA) with Unified Sewerage Agency to fund a portion of the Healthy Streams Plan? STAFF RECOMMENDATION By motion, approve the Intergovernmental Agreement and direct the City Manager to execute it. INFORMATION SUMMARY At its March 13, 2001 meeting, Council received a report from Unified Sewerage Agency on the method used to determine the portion of the cost of the Healthy Streams Plan assigned to the City. Council directed staff to prepare a final draft of the agreement and submit for Council approval. The Healthy Streams Plan is intended to provide Unified Sewerage Agency and its member jurisdictions, including the City, with the means to cooperatively respond to the requirements of the Clean Water Act and the Endangered Species Act. In 1990, Unified Sewerage Agency initiated its Surface Water Management Plan to respond to the Clean Water Act on behalf of its member jurisdictions. The proposed agreement would add responding to the Endangered Species Act on behalf of the member jurisdictions to Unified Sewerage Agency's responsibilities. Key elements for this combined response include: Watersheds 2000 inventory of stream conditions ® Fish friendly reviews for operation and maintenance policies and programs 0 Comprehensive citizen survey on social, economic and environmental values O Cost-benefit economic model development The Watersheds 2000 Program to inventory the condition of streams is underway. The Healthy Streams Plan is expected to result in a plan for compliance with the Endangered Species Act that will be submitted to the National Marine Fisheries Service for approval. 5 Unified Sewerage Agency initially requested that the City contribute about $100,000 of the $2.7 million expected to be required for the project. Following discussions with the member jurisdictions, Unified Sewerage Agency agreed to increase its share of the cost of the project so that the City's share was reduced to about $62,000. Currently, the City's requested contribution has been further reduced to about $29,400 by Unified Sewerage Agency increasing its contribution and reducing the scope of the project so that the total cost has been reduced from about $2.7 million to about $1.6 million. These amounts do not include funding to implement the plan or for capital projects. OTHER ALTERNATIVES CONSIDERED Council directed action. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST Final IGA Elements of the Healthy Stream Plan FISCAL NOTES Funding would be through the Surface Water Management Fund. I:%c tywlde%SumViea" 6t0iO16 102 VN 10'01.000 HEALTHY STREAMS PLAN INTERGOVERNMENTAL AGREEMENT BETWEEN UNIFIED SEWERAGE AGENCY AND THE CITY OF TIGARD This agreement, dated _ r)1 /0 , 2001, is between the UNIFIED SEWERAGE AGENCY OF WAS NGTON COUNTY, a county service district formed under ORS Chapter 451, (Agency) and the CITY OF TIGARD (Tigard). A. RECITALS WHEREAS, ORS 190.003 - 190.110 encourages intergovernmental cooperation and authorizes local government entities to delegate to each other authority to perform their respective functions as necessary; and WHEREAS, Agency and Washington County local government entities are subject to a number of interrelated regulations and requirements, including but not limited to the Clean Water Act (CWA), the Endangered Species Act (ESA), and Statewide Planning rules; and WHEREAS, Agency and Tigard intend to cooperate on watershed planning, floodplain re- mapping, watershed project implementation, and a coordinated ESA response package to the National Marine Fisheries Service (NMFS); and WHEREAS, Agency and Tigard intend to share the expense associated with complying with the requirements of the CWA and the ESA; and WHEREAS, Agency and Tigard need to maintain open communication among staff and the public on projects affecting water quality, flood management and fish habitat. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: B. THE PLAN 1. The purposes of this agreement are to: a. Recognize and cooperatively implement the tasks outlined in the Healthy Streams Plan (Plan) model planning process, which was approved by USA's Board of Directors on October 24, 2000. The Plan outlines the activities to be conducted by the Agency to prepare a basin-wide response plan to the Endangered Species Act. Exhibit A outlines the Plan's major components, activities and expected outcomes. b. Cooperatively fund the Plan development as outlined in Exhibit B. { i i { Page 1 of 7 - Healthy Streams Plan IGA AC~HAISffi/IIiI~F®I~~wemaw C. AGENCY OBLIGATIONS The Agency shall perform the following activities on behalf of the Cities, Washington County, and other cooperating jurisdictions as agreed to in this Intergovernmental Agreement (Agreement): 1. Agency shall manage the components of the Plan and administer contracts associated with the Plan's development. 2. Agency shall involve representatives of Tigard by integrating their comments into the Plan's components throughout the planning process. Agency shall regularly report the status of the Plan development to representatives of the City of Tigard. 3. Agency shall involve the public of the City of Tigard in the development of the Plan 4. Agency shall make data collected during the planning process available to the "cooperating jurisdictions" (defined as those who participate in this Agreement or similar cost sharing agreement). 5. The Agency shall use the funds received from cooperating jurisdictions for payment of contracted consultants for the Plan development. Funding and compensation shall comply with all public contracting laws of the State of Oregon relating to the selection of, contracting with, and payment of fees to the consultant. D. TIGARD OBLIGATIONS 1. Tigard shall assign staff to be responsible for coordination of and participation in the Plan development with the Agency. 2. Tigard shall appoint a representative to the Project Committee(s) covering the watersheds within the Watersheds 2000 inventory. 3. Tigard shall pay to the Agency the amount indicated in Exhibit B in a lump sum payment of $29,376.00 during the fiscal year 2001-2002. E. FUNDING AND COMPENSATION 1. The overall cost of the Plan development is estimated to be 2.7 million dollars. This cost is intended ri to be proportionally shared among the jurisdictions listed in Exhibit B. However, payment by the parties to this agreement is not contingent on payment by other listed jurisdictions. The City of H Tigard total proportional share of the Plan cost under this agreement shall not exceed $29,376.00. 2. The City of Tigard's obligation to the Agency under this agreement shall not exceed the amount set in Section E.1, unless that amount is modified by an amendment to the Agreement, as provided by 5 Section F.5. 3. In the event that unexpended funds remain after completion of the Plan, Tigard shall receive its proportional share of such unexpended funds established by this Agreement. Page 2 of 7 - Healthy Streams Plan IGA M0 F. GENERAL TERMS 1. Inte air t, ion. This document constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind. No course of dealing between the parties and no usage of trade will be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement will not be relevant to determine the meaning of this Agreement and no waiver by a party of any right under this Agreement will prejudice the waiving party's exercise of the right in the future. 2. Approval Required. This Agreement and all amendments shall become effective when approved by Agency's General Manager and Tigard's {executive} or such persons' designees and, when required by applicable rules, a party's Board of Directors. 3. Term of Agreement. This Agreement is effective from the date of execution by both parties until the completion of all obligations created by this Agreement. 4. Termination and Amendment. This Agreement may be terminated or amended by mutual written agreement of both parties. 5. Waiver and Amendment. No waiver of any portion of this Agreement and no amendment, modification or alteration of this Agreement shall be effective unless in writing and signed by the authorized representative of each party. 6. Interpretation of Agreement. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in constructing or interpreting this Agreement. 7. Severability/Survivability. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning indemnity survive the termination of this Agreement for any cause. 8. Laws and Regulations. The Parties agree to abide by all applicable laws and regulations in carrying out this Agreement. . i 9. Indemnification. Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the Parties shall indemnify and defend the other and its officers, employees, agents, and representatives a from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement (including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation of law, which arises out of, or results from, the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents, contractors or representatives. Page 3 of 7 - Healthy Streams Plan IGA 10. Dispute Resolution. If any dispute arising out of this Agreement can not be resolved by the project managers from each party, the matter will be referred to the managers' respective supervisors for resolution. If the supervisors are unable to resolve the dispute within 30 days of referral, the matter will be referred to USA's General Manager and [other party's managing executive], who will attempt to resolve the issue. If the General Managers are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs. In the event the dispute is not resolved in mediation, the parties will submit the matter to arbitration. The decision of the arbitrator shall be final, binding and conclusive upon the parties and subject to appeal only as otherwise provided in Oregon law. The parties shall continue in the performance of their respective obligations notwithstanding the dispute. 11. Attorney Fees. If any dispute concerning the interpretation or enforcement of this Agreement is not resolved by discussion or mediation, the prevailing party in any such dispute shall be entitled to recover all of its attorney fees, paralegal fees, costs, disbursements and other expenses from the nonprevailing party, including without limitation those arising before and at any trial, arbitration, bankruptcy, or other proceeding and in any appeal. 12. Choice of Law: Venue. This Agreement and all rights, obligations and disputes arising out of the Agreement shall be governed by Oregon law. All litigation arising out of this Agreement shall be decided by the state courts in Oregon. Venue for all mediation, arbitration, and litigation shall be in Washington County, Oregon. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first written above. UNIFIED SEWERAGE AGENCY OF CITY OF TIGARD WASHINGTON COUNTY By: By: Bill Gaffi, General Manager Tigard City Manager 0,4- MA Recorder APPROVED AS TO FORM: By: Agency Counsel Page 4 of 7 - Healthy Streams Plan IGA Exhibit A: Outline of Healthy Streams Plan Activities The Healthy Streams Plan has six major components: Watershed-wide inventory (Watersheds 2000) ■ Public values analysis ■ Funding strategy development ■ Programmatic and policy focus areas • Fish friendly reviews of existing activities, and ■ Document preparation Detailed scopes of work will be generated for each component of the Plan. These scopes shall be reviewed by representative technical groups of the jurisdictions, as appropriate. The expected outcomes of the work are outlined below: Watersheds 2000 Inventory • Ecological inventory and condition ranking of all stream reaches using the Rapid Stream Assessment Technique modified for Tualatin Basin conditions. This information will be used to set priority and proportion to enhancing stream conditions, based on the anticipated benefit to water quality and/or aquatic species. The Cities and County may use the technical information as part of their required natural resources inventory work fcr land use planning (Goal 5). • Hydrology modeling (updated or built if not previously modeled) along all main stream and tributary reaches. The project will use the HEC-HMS event-based model with Basin-specific rainfall distribution information. The models will be used to determine where there may be critical low flow or flooding conditions along the stream system. • Hydraulic modeling (updated or built if not previously modeled) along all main stream reaches and the Tualatin River where Federal Emergency Management Agency (FEMA) floodplains have been identified. The project will use the FEMA approved HEC-RAS model with flows derived from the HEC-HMS or Corps flows as appropriate. The models will be used to properly size infrastructure crossing the stream, provide flood management guidance, identify critical velocity areas, and help determine fish passage through structures. The model information will be used to map any changes to the floodplain boundaries in a future phase of the work effort. • Ground surveyed 2-ft contour topographic mapping of the stream corridors using year 2000 aerial mapping (Ground Positioning System (GPS) controlled) for base maps. This information is necessary to build the hydraulic model and will be further utilized during the design of enhancement and sanitary sewer projects that are in the floodplain. The mapping will serve as the base in which all inventory information will be linked. • Identification of stream/ floodplain enhancement needs, aquatic species migration barriers, flood management structures, and storm water pipe retrofit opportunities in non-pretreated areas. The information will provide further understanding of the extent of enhancement needed, as well as assist with setting priority and proportion to the efforts to be undertaken for Clean Water Act and Endangered Species Act response. The data will be collected in a manner that is consistent with accepted protocols and practices, and integrates work of others when possible. The identification of priorities will be guided by both the technical findings and the public values expressed by Project Committees set for the study areas. The technical and public value information will be made accessible to the public via a web site. A majority of the raw and summarized data will be delivered in electronic format. However, a brief plan summary (12- 16 pages) will also be developed, documenting the planning process, issues, findings and project recommendations. Page 5 of 7 - Healthy Streams Plan IGA Public Values Analysis Public values and expectations regarding ESA and CWA response strategies will be evaluated to determine appropriate policy direction. The process will begin with education of the public on the issues, followed by a detailed survey that will include a determination of the public willingness to pay for resource protection and improvements. Funding Strategy Economic analysis of the management options will be conducted utilizing the willingness to pay and other appropriate economic modeling. The analysis will help to determine the efficiency of the priorities. The analysis will also determine the most appropriate mechanisms for cost sharing and paying for the improvements that are determined to be necessary. Programmatic and Policy Focus Areas Four areas of focus on programmatic changes include effective impervious cover reduction strategies, landscape management, vegetated corridors, and hydrology / hydraulics standards. Reviews of existing standards will be conducted by staff specializing in these areas to determine adjustments in existing requirements that will further improve resource management strategies. The improvements will be chapters of the Plan, packaged for National Marine Fisheries Service (NMFS) review. Fish Friendly Reviews Fish friendly reviews of existing activities will be conducted and recommendations made to the local jurisdictions for activity practice changes that may be made to reduce the potential impact on fish and water quality. A summary report of the findings and recommendations for each jurisdiction will be provided. Document Preparation Under the National Environmental Policy Act, an Environmental Assessment will need to be completed along with the Plan for submittal to NMFS. The major components of the package to NMFS will include the science from the inventory, the public values, the economic analysis, funding strategy, policy / programmatic changes and modifications in existing activities. Page 6 of 7 - Healthy Streams Plan IGA Exhibit B: Costs Table 1 shows the total estimated costs associated with the development of the Healthy Streams Plan. Table 2 outlines the cost sharing. Table 1: Healthy Streams Plan Costs Watershed Inventory (Watersheds 2000) Costs (Contracted) $ 2,207,900 Survey and aerial mapping $ 702,20 Ecological inventory $ 443,50 Water resources modeling $ 925,50 Public involvement, notice $ 96, 70 Map production / GIS support $ 30,00 Web site support $ 10,000 Public Values Analysis $ 85,000 Funding Strategy Development $ 110,000 Programmatic and Policy Focus Areas $ 110,000 Fish Friendly Reviews of Existing Activities $ 105,000 Document Preparation $ 100,000 Total Costs $ 2,717,900 Table 2: Jurisdictional Cost Share Jurisdiction Cost Share* USA $ 1,553,035 County $ 258,595 Banks $ 6,061 Beaverton $ 129,133 Corneilus $ 28,922 Durham $ 2,990 Forest Grove $ 66,931 Hillsboro $ 203,706 King City $ 524 North Plains $ 9,556 Sherwood $ 43,903 Tigard $ 29,376 Tualatin $ 61,686 THPRD $ 24,781 FEMA $ 287,250 Metro $ 11,452 Total Costs $ 2,717,900 i I *City /County cost shares are based on per jurisdiction miles of hydraulic analysis, number of Rapid Stream I Assessments, number of culverts inventoried, jurisdiction specific fish friendly audits, and plan documentation. USA is fully funding typical watershed planning related activities (hydrology, public involvement, etc), one half of the activities noted above (not including hydraulics analysis) and all of the remaining healthy streams plan elements. [..De tailed information regarding the cost breakdown is available as requested. Page 77 of 7 - Healthy Streams Plan IGA U AGENDA ITEM # FOR AGENDA OF April 10. 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Annual Report on the City of Tigard Volunteer Program PREPARED BY: Susan Koeoping DEPT HEAD OK t& 3j( I "ITY MGR OK WW ISSUE BEFORE THE COUNCIL This report is intended to update the Council concerning the volunteer activities in the past year. STAFF RECOMMENDATION No action required INFORMATION SU)vMARY Volunteers continue to be active in all City of Tigard departments where they supplement the work done by staff. In the past 12 months 1,078 have contributed 11,137 documented hours of work. Individuals, families, neighborhoods, employee groups are matched to activities that they enjoy and that need to be done. Young volunteers continue to participate, bringing their energy and enthusiasm with them. 72 citizens served on 16 boards, committees and task forces. OTHER ALTERNATIVES ONSID RED None VISION TASK FORCE GOAL AND ACTION COMMITTEE ST ATE Y Goal #1 " The City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community." FISCAL NOTES None r Annual report, April 1, 2000 - March 31, 2001 Volunteers help implement the long-range visions for Tigard through their service. At the same time, these citizen participants develop a sense of ownership in their community, learn more about the roles of a municipal government, and get to know City employees. Youth volunteers learn job skills and, hopefully, develop a spirit of community activism that will stay with them throughout their lives. A comprehensive report for the year 2000 was submitted in January 2001. The following information updates that report. 1,078 volunteers have contributed 11,136.5 documented hours in the past 12 months, April 1, 2000 - March 31, 2001. (March data is not complete yet). Since September 2000, Adopt-A-Street groups have removed approximately 1,9001bs. of litter from Tigard streets. 140 lbs. of litter and trash were removed from stream beds and banks 450 Willow saplings, 140 trees, shrubs and ferns were planted 17 yds. of mulch at Cook Park were spread In 3 work projects, 16 Jesuit High School students and teachers, and 100 local high school youth from local churches and their leaders removed 39 cubic yds. or approximately 4 tons of green materials such as blackberry canes and roots, and reed canary grass along Jack Creek and Fanno Creek. In the past year, 72 individuals donated their time and expertise by serving on one or more of the 16 existing Committee, Boards and Task Forces including the new Transportation Financial Strategies Task Force, 4 Washington Square Regional Task Force Technical Advisory Sub-committees, and the New Library Construction Committee. Two new opportunities are being presented to community volunteers. One is the new Tree Board whose charge is to develop and administer a comprehensive community tree management program. These citizens bring many years of experience with, and comprehensive knowledge about trees. Matt Stine, City Forester, will work closely with the members of the Tree Board. The other new opportunity is assisting with the video production of public meetings in Town Hall. These volunteers are being trained by TVCA staff and will initially assist by operating the cameras. Tigard volunteers continue to work in all City of Tigard departments for the benefit of their community. The City of Tigard staff continues to identify volunteer tasks and community members continue to come forward looking for ways to become involved - one of those win-win situations. HAREPORT&COUNCIL 2001.DOC AGENDA ITEM No. 7 Date: April 10, 2009 PUBLIC HEARING TESTIMONY SIGN-UPSHEET Please sign on the following page(s) if you wish to testify before City Council on: AW& nsidera ion of Resolutions Adopting New System Development Charges Fee Schedule and Automatic Cost Escalator Due to Time Constraints City Council May Impose Time Limit on Testimony I:\ADM\GREER\CCSIGNUP\PH TESTMNY UPDATED 6-13.DOC ' ^ v AGENDA ITEM No. 7 PLEASE PRINT Pro onent - S eakin In Favor Opponent - S eakin Aga nst Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. (-L~ l Gl R h '"7 7 7 S W A-(riCtn P+( H . y-7 2 23 W) Sb 3 -~j S a--7 > I Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. gar- HillSbo1v OYL (503)(, qv - 3 a 1, 3 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. r , AGENDA ITEM # '17 FOR AGENDA OF 4/10/01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Resolutions Adopting New Park SDC Fee Schedule and Automatic Cost Escalator PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK ~-hY4-W'r ISSUE BEFORE THE COUNCIL Should the City adopt the attached park system development charge fee schedule and formula for the annual adjustment of the fee schedule. STAFF RECOMMENDATION Adopt the attached resolutions (1.) authorizing updated park SDC fees and (2.) putting into effect an automatic escalator to insure SDC fees keep pace with future changes in land and development costs. Consider reduced or deferred SDCs for affordable housing at a future date, when legal concerns regarding their adoption are resolved. INFORMATION SUMMARY At its March 20, 2001, meeting, Council reviewed the consultant study, "Park and Recreation Facilities System Development Charges", March 1, 2001, which used current demographics, park inventory, and costing information to developed an updated City SDC fee structure. At the conclusion of this discussion, Council set April 10, 2001, as the date for a public hearing on the adoption of the fee schedule and automatic esculator recommended by the study. Notices of the hearing were sent to various organizations, including the Association of Metropolitan Homebuilders and Tigard Chamber of Commerce, and to the approximately thirty developers who have submitted subdivision or site development proposals within the past twelve months and whose projects potentially could be affected by the fee increase. To date, one letter has been received in response to the notice. The letter was submitted by Community Partners for Affordable Housing and requests the City to consider the reduction, deferral, or waiver of the park SDC for affordable housing construction. The City Attorney is concerned that fee reductions may open the City to a legal a challenge to the enforceability of all SDC charges. Therefore, it is recommended that fee reductions be considered at a later date. The resolutions have been reviewed and approved by the City Attorney's Office. Separate adoption of the fee schedule and cost escalator allows either one to be changed in future without affecting the other. If adopted, the new SDC fee schedule would become effective immediately. r a OTHER ALTERNATIVES CONSIDERED Adopt reduced or deferred fees for affordable housing construction. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY No relevant goal under Parks and Recreation identified. Growth Management Goal Number 3, " The City encourages and supports private sector programs to maintain diverse and affordable housing", includes as an action strategy "consider waiver or reduction of SDCs". ATTACHMENT LIST Park and Recration Facilities System Development Charges fee study. Resolution adopting an updated parks SDC. Resolution adopting an automatic escalator. Letter from Partners for Affordable Housing FISCAL NOTES Based on current building projections for the next five years, adoption of the new fee schedule will generate approximately $2.2 million in revenue, or approximately $800 thousand more than the existing fee schedule. i/citywide/sum/parksdc.sum.200 Ldoc i F O R A P P O R O A a L C n o u s r N a, INC. ; P.O. Box 23206 • Tigard, OR 97281-3206 • Tel: 563-968-2724 • Fax: 503-598-8923 March 20, 2001 Mr. Duane Roberts Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Revised Park SDC Fees Dear Duane: Thank you for the opportunity td comment on the proposed revisions to Tigard's Park SDC fees. While I have not had the opportunity to *ad the full study dated March 1, 2001, I have the following general comments: Community Partners for Affordable Housing (CPAH) applauds the City of Tigard's emphasis on livability, as expressed through the Vision Task Force and City Council goals. Maintaining existing parks and adding new parks is critical to our comiounity's livability. Tigard's park SDC's are generally low when compared to other jurisdictions in the metropolitan area. However, the park fees when coakbined with other SDC's charged in Washington County make Tigard one of the most expensive areas to build in. This is of particular importance to affordable housing developer's like CPAH. The proposed fee change would bring the park portion of SDCs and fats for our new project (`Village at Washington Square') from $14,040 to 522,100 (an increase of over S8,000). In maintaining livability, the City must often face impossible *ade-offs--for instance increasing parks while decreasing housing affordability. We have currently budgeted over.. 55,000 per unit in SDCs for our new project. An increase to the park fees as proposed would mean an additional $300 par unit. The County's investment of HUD funds in this project is about $18,000 per unit, which means about 113 is going directly to SDC9, increasing the debt burden and decreasing available rinds for construction. We would suggest that a possiblei balancing mechanism (which we have recommended in the past) would be reductions, deferrals or waives of these-and other fees--for affordable housing projects that serve individuals at 5001a of median ingome or below. The City could "cap" its liability by setting a limit: "considering a waiver for up to 30 affordable units per year on a first-come first-served basis" (or capping waivers at a oatain amount per Unit or per projod, or per year). We think all projects must help pay for the additional burdens they place on a community's infrastructure. ' Even if park SDCs were entirely !waived for affordable housing projects in Tigard, we would still be paying j considerable fees in a variety of other areas to the City, as well as to other service providers within the { county. The City of Portland wai*cs all fees for new affordable housing except water and sewer. Tigard's commitment in this area would provide considerable benefit at a limited cost. We look forward to working i with you as you consider this imoottant issue. Tbanks again for the opportunity to provide input. Sincerely, 3 ~ a Sheila law-Fink Executive Director AGENDA ITEM # g FOR AGENDA OF 4/10/01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Local Government Grant Pro-ram PREPARED BY: Duane Roberts DEPT HEAD OK > ITY MGR OK ~Y_Vv ISSUE BEFORE THE COUNCIL Should Council adopt the attached resolution authorizing the City Manager to submit applications for two Local Government Grants as a means of providing needed park and recreation improvements and enhancements? STAFF RECOMMENDATION Adopt the resolution. INFORMATION SUMMARY The Local Government Grant Program is a State program created by the Oregon Park and Recreation Department as a result of voter approval in November 1998 of Ballot Measure 66. The program provides up to 50% funding assistance to local park providers for land acquisition and outdoor park facilities. At its regular meeting on March 20, 2001, Council discussed the local grant program and directed staff to prepare and submit grant applications for facility improvements to Cook and Woodard Parks. OTHER ALTERNATIVES CONSIDERED Do not apply for the grant funds. Adopt a revised resolution. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Resolution authorizing the submittal of grant proposals. FISCAL NOTES The large grant request may not exceed $250,000. The small grant requests may not exceed $25,000. A 50% local match is required. This may be in the form of hard or in-kind dollars. Match dollars for both projects are identified in the City's proposed 2001-02 budget. i/citywide/sum/localgovrant.2001 AGENDA ITEM # FOR AGENDA OF April 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Adoption of Northview Park Master Plan ,,n PREPARED BY: John Roy DEPT HEAD OK CITY MGR OK 1(',, MVY ~ a ISSUE BEFORE THE COUNCIL Shall Council adopt the Northview Park Master Plan as presented by staff. STAFF RECOMMENDATION Staff recommends that Council adopt the Northview Park Master Plan as presented by staff. INFORMATION SUMMARY In January of 1999, Albertson's, Inc. donated a three and one half acre parcel of surplus property that was immediately adjacent to the Albertson's Shopping center and the Castle Hill subdivision. Along with the land donation, Matrix Development Inc. donated $20,000.00 to the Castle Hill Homeowners Association. In March of 1999 the Homeowners Association donated the money to the City for the purpose of being start-up money to be utilized for the development of the park. In June of 1999 the Castle Hill Homeowners Association formed the Northview Park Committee, for the purpose of working with the City on developing a master plan for the park. Several meetings were held in late 1999 and early 2000 with City Staff and the Northview Park Committee with members of the Homeowners Association also in attendance. The outcome of the meetings is what is identified as the conceptual plan for the "Northview Park Master Plan". A final master plan meeting was held on December 6th, 2000. The resulting plan responds to the needs expressed by the community and the concerns articulated by City staff. The components of the conceptual plan are as follows: • Entrance from Northview Drive • Paved path into the park • Portable or permanent restroom facility • ADA drinking fountain • Play equipment for ages 2 to 12 • Benches, picnic tables, bar-b-ques (3 ea.) • Small soccer field • Open grass area • Landscaping The only controversy associated with the master plan is in regards to the landscaping in the park. There are four property owners that abut the park that are against any trees being planted in the park that would interfere with their N view. The Urban Forester has made contact with these property owners by mail and by phone to try to reach an amicable solution to their concerns. Unfortunately, staff was not able to reach an agreeable compromise with the residents; therefore staff recommends to Council, that approval be given to allow staff to landscape the park as determined by the Urban Forester and Parks staff. Staff presented the concept of the Northview Park Master Plan to the Planning Commission on February 12, 2001. The Planning Commission approved recommendation to Council for approval of the Northview Park Master Plan as presented by staff. OTHER ALTERNATIVES CONSIDERED o Reject staff recommendation for the Northview Park Master Plan. 0 Direct staff as to what changes the Council would desire to make to the Master Plan. m Direct staff to hire an outside consultant to prepare a Master Plan recommendation. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Council approval of the Northview Park Master Plan supports the Council goal of continuing to implement the City Park Master Plan by providing a park in an area of the community that is currently underserved by parks according to the City of Tigard Park System Master Plan. ATTACHMENT LIST None FISCAL NOTES There are no funds identified in the current budget for implementing the master plan. Funding for implementation of the master plan will be requested in future budget preparations. I 0 7 pS©NIM s EON . 1~ o (D 4 Aw r . u+ ~ i Q~ u6un1 0~ ~ O ~utMS ado1S P~o1anaPUt) ~0 aao~S S,UOS~aa[d p 'nod N 4 I ry `tI. y OEOORAPNIC INFORMATION OYbTEM t r VICINITY MAP t ( a } r }t` ` Northview Park it'~° 7 t ~ 1 f. s rvJ -Y k 'C 1 Y s Northview Park a STtN 100 200 300 Feel _O 0 1'= 200 feet _ f City of Tigard z Information on this map is for general location only and should be verified with the Development Services Division. Q 13125 SW Hall Blvd Tigard, OR 97223 (503)639.4171 hltplnvworti.tigard or.us Community Development Plot date: Mar 28, 2001; C:\magic\MAGIC03.APR Narthview Park Master Plan By John Roy., Property Manager April 10, 2001 mm_ ~RTIP is LEGIBIL-ITY Sly 01" ~ii!li:i;llll:~Ill~Ill~~~~~~~~~'. Creation of the PAftrk • and one half acre parcel doncited Three nc• in Jan. 1999 I the City by Albertson s , . t20,000 donation to Castle Hill Homeowner's Association • Castle Homeowner's n°Mar~h 000.Hil-I00 to thk`~s officially • June 1999: the par designated Northview Park Public Involvement Castle Hill Homeowner°s Association formed the Northview Perk Committee on June 1999 • Master Phan meetings held in late 1999. and early 2000 • Final Plan meeting on December 6, 2000 Conceptual Play • Entrance to park f ro-m Northview Drive • Paved path into the park -Restroom facility • ADA drinking fountain s; L~ ft k~p~ Fh i 3 r. i ~ II I ~I~ III. ~I IJI i R a t~. III II'+ I a .rte--._°----- Conceptual Plan • Play equipment for ages 2 to 12" • Benches,- picnic tables, bar-b-ques (3 eaJ ly'~~,~ja '~~~~7.t h K ;~,~~~Y il~r ~ rr~ J ~.t Xt~k' r 1 - a~~F ~ , _k ~`t~'li v'' a''~2 ~ e~~ t~ 4 as ~vL ~cyr ,t*j t `zT~i~`S1M.a 3sf' i. c'~p~f,;~µ,.~ ;i, 9, + t k i L.t~. ~J f ~`'F' r~~~k,~. 1~7 ~ 'y, s a~'~t fC r ~ i :3" 1 1:.::. X. rq t '~ry_i ~ _ z~~,~;'~k'ijY+J ~'j;> ;a P a . ~ _ N 1 ~ I'1 J J }T.~ _ ~ y ~ t ~ C;0nceptual Plan • Small soccer field • Open grass area • Landscaping I~ l a , L:~ Proposed Master Plan for N - Northview Park ono Albertson's Store Unceveloped Grams Slope SmdlSocca Swing; O ® Tire Swing estroorn nkinq Fouitain ROY Area X X X x WINDSONG CT X These owners have requested no trees behind their property. LEGIBILITY STRIP Plying CRecommendation •On February 12th, 2001, staff presented Northview Park Master Plan to Planning Commission •Planning Commission recommended Council approval JIM C - :i f uoi~:)v 1!:)uno e AGENDA ITEM # 1 0 FOR AGENDA OF April 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A resolution granting an exemption from property taxes under Tigard municipal code section 3.50 for three non profit low income housing projects owned and operated by Community Partners for Affordable Housings PREPARED BY: Craig Prosser DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall three low-income housing projects owned and operated by the Community Partners for Affordable Housing be exempted from City of Tigard property taxation for 2001? STAFF RECOMMENDATION Staff recommends approval of this resolution. INFORMATION SUMMARY Tigard Municipal Code 3.50 allows certain organizations providing low income housing to be exempted from Tigard property taxation upon application by March 1 of each year and a demonstration of compliance with certain criteria listed in the Code. Community Partners for Affordable Housing (CPAH) owns and operates Villa La Paz, located at 11875 SW 91S` Avenue in Tigard. CPAH also owns a single family home located at 9330 SW Tangela Ct. in Tigard, and it is developing a low income housing project on SW Hall Blvd. To be known as the Village at Washington Square. These projects are or will be operated as low-income housing and meet all criteria listed in Tigard Municipal Code. CPAH submitted an application for exemption from 2001 property taxes on February 28, 2001. Villa La Paz has been exempted from Tigard property taxes in previous years. The Code requires those organizations requesting a property tax exemption under this section to apply before March 1 of each year, and requires the City Council to make a determination on the request for exemption within 30 days. The schedule of Council meeting dates and the deadlines for preparing agendas for those meetings did not allow this application to be processed within 30 days. The resolution, therefore, waives Code section 3.50.050 which contains the 30 day deadline. OTHER ALTERNATIVES CONSIDERED Do not approve this tax exemption VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Letter of application and back-up materials from CPAH. FISCAL NOTES The assessed value of the three properties and the impact of an exemption from City of Tigard property taxes are shown below. City of Tigard City of Tigard Property Assessed Value Tax Rate Property Tax Impact Village at Washington Square $177,530 $2.51/$1,000 $446 Single family home $173,640 $2.51/$1,000 $436 9330 SW Tangela Ct. Villa La Paz $3,416,030 $2.51/$1,000 $8,574 Total Impact $9,456 F O R AFFORDABLE H O U S I N G , INC. P.O. Box 23206 Tigard, OR 97281-3206 Tel: 503-968-2724 Fax: 503-598-8923 February 28, 2001 Mr. Craig Prosser Finance Director City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Craig: Please find attached tax abatement applications for: ■ Villa La Paz Apartments (84 units, multifamily rental) Village at Washington Square (under development, 26 units, multifamily rental) Tangela House (1 five-bedroom rental single family home) We have calculated the benefit to residents based on tax assessment information currently available to us. If the analysis of your office or the county indicates a difference in taxes to be levied for the period beginning July 1, 2001, please let us know and we will adjust our calculations. We appreciate the City's consideration of these applications, and would be more than happy to meet with staff and/or Council to provide further information. We applaud the City's commitment to affordable housing, and look forward to a continued partnership in this arena. Thank you in advance for your assistance. Sincerely, ~J Sheila Greenlaw-Fink Executive Director Attachments (3) . . 1 -.11 •I INI! MITI' tow- E41- 1999 FOR AFFORDABLE HOUSING, INC. Z C I'All :s mission is to promote a healthy community through the development CPAH'S NeW Development: of: permanent affordable housing. The Village at Washington Square sustainable economic growth and Coln nlLill ity- based partnerships. CI'AII's work is inspired and fueled by the energy of the individuals and groups within the conutlu- nities we seNe in Southeastern Washington County F_ f I'he "I i yard 'lltalatin area is a vibrant and growing i T_ part of the Portland metropolitan region. Our residents, volunteers, donors and fenders helpi'! ~ f l ` ~i~ r its accomplish our nlission through work in the - following five areas: Development Consultants: Housing Development Center • Affordable hOLISing &MOplllellt Architect: Carleton Hart Architecture, P.C. • Outreach and education on affordable housing Accountant: Blume, Loveridge & Co. • PrOnlOtiOn of policy incentives which support Attorney: Preston, Gates & Ellis affordable housing Land Use Consultant: Ed Murphy & Associates • Partnerships with individuals and groups in our Conenttnity • Increased internal organizational capacity purchased a single-family house and converted it from four bed- 'rile following will briefly recap the past year's highlights rooms to five bedrooms. A nine person low income family now in these five areas. resides in the home-their first after fleeing domestic violence. Housing Development Community OutreadVEducation b/ CI'AI I received significant funding a wards front Washington V CPAH co-sponsored the second \\'atshington COWAN' nRousing (;cunt and the State of Oregon to build a 36 unit new construc- Svnlposiunl. which has become the primary forum for dialogue i lion affordable housing development on 11,111 Boulevard. "Phis on affordable housing in \\'ashingttln Count: and participated in de\elupntent will provide much needed affordable housing in it follow-up Fall I lousing I'orunl at Pacific hliversit. the \Vashinotoil Square area and will bring the total number of CPAR's biggest fundraising event of the year. Ronle\1'ord a housing units rnvned by CPAI I to 143. Bound, was a great success. Dive well-known Northwest authors ti/ CI';\I I continued to improve its existing properties-water joined over 150 attendees for dinner. CPAI I also held it fourth a lines %\ere replaced and repairs to the storm drainage system John Barlevcorns event: and gave at dessert reception to honor \Wre completed at Villa La Pax; and planning was completed for CI'AH volunteers and contributors. These events are it great the siding replacement project at Metzger Park Apartments- opportunity to educate people about CPAI I's work. j expected to begin in the next few months. ✓ (;RAI I Continued to participate in Tigard and'111alatill b/ With funding from \1'atshington Count's Office of ConunLill itV Chamber of Commerce events and other ConununitV events Development and a loan from Washington Mutual Bank, CPAI1 like "Tigard Balloon Festival and'Ilralatin Crttfish Festival-- __J Numbers: Community-Based Partnerships Strength in Numbers: ✓ CI',AII Ili red ;t \ ISTA MIIIIltL'CI'tu develop andiIIll)IVIIleiII :1 pilot Individual Development Account (IUA) program fOr Wash- ington County. This is -.I matched savings and fi11:uLcial literacy program that helps low income f ldiViduals purcluse high return :LSSets like :t honle, work training. or education. Expected kirk-off date for this progr in is lanusry 2001. ;i CPAII continued work in our vil'Orl to -hridge the di) ital divide" by bringing high speed Internet access to the Computer d , ` Learning Center. Additionalh. ;t donation of 17 used computers front Bank of America allowed us to raffle Off it number of C0111- v plltels to residents. .k- ,fff1 'rliv,rigar(i ulna \ made a sucomd donation of materials to 1 Chi I's on-site libraries. CI'•\II reccitcr additional hooks through - ,4e , ahead Right \ou Grant t;I progr:un of \1'ashington (:ounl\ Coopera w Lihral~ systems). Youth Unlimited (a youth volunteer group hosted by Oak V CIIAII continued in inct'esue its re;onr 0 anti C0I111eCholls in Hills Reform Christian Church) takes a photo break during till' CUIIIIIltillil\' 011'Utlg11 a Ial•Il'l\ nt \01L111teel' pI'njCCt>. Chill the two days they spent making a difference at CPAH \Vorked with the CII\' of Tigard oil btlb planting during, Make.\ properties. This committed and energetic group of youths Difference Day. The Villa \6111horhood W Itch team.:11011; \l ith from around the country spread bark dust in the play VIIILIrlleerS front VS Bank, huill it float that won second place ill area, cleaned the pool area and led craft activities the 1999 Tigard Daze Parade. The kitchen al the Villa (:Ollllllllllitt Center wits finished through donation, Of time and materials front the Tigard Interact Club. IlldiVidual VOILIIIteelS Colltllltted to Ilelp provide activities like crafts and stor times for resident youth and to get the word out about the need for affordable housing in the GED tutoring and computer training for adults. conununity and how Chi I is aurking to address the need. CPAI I worked with a team from Tualalin Valley Cable Access Organizational Capacity ~ to ere;Ilea Video shout CPAI 1's Work and the need for affordahlc housing. Which aired several times. A (TAI I VOlunleer created and CI'AI I continued to work collahor:ttively with the two other launched it website: \v\v\%- I)ahinc.org nonprofit housing organizations in \\:L~hillgton (:()Lllll\ to incre:Lse of;vanizational ullacity Through this collaborative. I Affordable Housing Policy Incentives the three groups are working to improve internal financial ;uuf inallagel11ent operating sl;tans ;Ind to e\p:md 01):tcit\ in e/ CPAI I staff and ho:u'd IUembeis participated for nearly two housing reVClupIle] i, aasrt nt;utagcnunt, fundrli>ing and ye;u., on Metro's Affordahle I lousim,'lechuical Advisor Committee' nlarkcting. The conlnlittee's final rcp0rt. "The Regional Affordahle I lousing strnte(n... was adopted h\ \felro in tune 2000. The report details V CPAII n:uned;ill ad-hoc committee to update :Ind r1111;ulce different "tools.. that local jurisdiction; can use to promote the its human resources nlanaCoWill systems :old purchasrd :1111 (le\Clnpule11t Of:ItTO111a1le hoUSink. CPAII presented the report in installer Soflwarr up,~r:«frs and hl"h speed I11t(1110 aLTUe,, :t number of differenl Venues :ill([ continues to Work to promote CPAI I tlhl I) ted in :1 1:1110h of discussions re1:11ed to adoption of police incentives in local jurisdictions. SHOO" bendnll;uks:uul ~t;uxLurs for the nonprofit hot>ing I ~ CI'.\I I continued to participate in the \\';LCIIIIIglnil (:(ItIIll1 inrusin. CI'r\I I's workplan for the current lisral Ve;u' attentpt> I lousing Advocacy Group which tackles housing issues from a to yu;ultify outrontes where) 1' posible to enable ms to track holistic and hroild-hosed 1)( SpectiVC: and prep:u•ed a11 annual hrnV ~w nlca;tu'e up " re(lueSt fin• t:l\ abatement for Villa La I'az from the City of "Tigard. INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: 93-1155559 VAR 1 1 1~9q DLN: 17053030720009 COMMUNITY PARTNERS FOR AFFORDABLE Contact Person: HOUSING THOMAS E O'BRIEN ID# 31187 PO BOX 23206 Contact Telephone Number: TIGARD, OR 97281-3206 (877) 829-5500 Our Letter Dated: February 1995 Addendum Applies: No Dear Applicant: _ This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a)(1) and 170 (b) (1) (A) (vi) Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a) (1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a. section 509(a) (1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, District Director Letter 1050 (DO/CG) Community Partners for Affordable Housing, Inc. - City of Tigard Tam =1 1110 0% Village at Washington Square 11157-11163 SW Hall Boulevard, Tigard A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status Verification of Information Attachments: • CPAH Annual Report 1999-2000 • Project Status Update • Project Profile • IRS Letter OEM A. Property Description Village at Washington Square will be located at 11157-11163 SW Hall Boulevard, between SW Spruce and SW Pfaflle in Tigard. The Village at Washington Square is CPAI I's first new construction project (construction scheduled to begin this summer). The site is located within the Washington Square Regional Center and is proximate to many employment opportunities as well as public transportation and other services. The neighborhood has a combination of single-family and multi-family dwellings. The Village at Washington Square will include three residential buildings with a total of 26 dwelling units, and a community building all arranged around a central courtyard/play yard. The development will include one studio, seven onc-bodroom, five two- bedroom, seven three-bedroom and six four-bedroom units. Eleven of the units will be traditional apartments, while the other 15 will be townhouse style units with entrances on the second floor. The development will include 31 parking spaces. The development site contains 36,720 square feet and a single-family home on the property that will be removed to allow the full site to be redeveloped. The development will include a small green space with benches, a path and a butterfly garden. The total site contains .84 acres (Lot 1 is .73 acres and Lot 2 is . I I acres). The site was up-zoned to R-40. The assessed value is $177,530 ($77,600 for Lot 1 and $99,930 f'or Lot 2) and 2000-2001 property taxes levied were $2,732 ($1,194 for Lot I and $1,538 fior Lot 2). Legal Description: Partition Plat 1998-038, Lot I and Partition Plat 1998-038, Lot 2 in the City of Tigard, County of Washington, State of Oregon Tax Lot: 1 S 135DA (04600 & 04700) 0. Projects Charitable Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of. permanent affordable housing, sustainable economic growth, and community-based partnerships. The Village at Washington Square will be the first addition ol'afforrdable units to the Tigard housing stock in a decade. Tile 26 units will be affordable to very low-, low- and moderate-income residents on a permanent basis (The Village at Washington Square will provide affordable housing for a minimum of sixty (60) years, with maximum rents regulated by covenants on the property). Rents will be affordable to households at 30%, 45% and 50% of area median income and significantly below market rents. 1 lalf of the units will be three and four bedroom units so will allow us to serve large low-income families who have ollen been unable to find larger, affordable units in Tigard. CPAH will expand its community partnerships (with Tigard Police, Tigard Library and Tigard- Tualatin School District) and resident services program to the Village at Washington Square. Apartments at the Village at Washington Square will be made available to participants in the Hopespring and SAFAH programs (self-sufliciency programs for families in recovery or escaping 4 domestic violence). CPAI I expects to sign it memorandum of understanding with Tualatin Valley Centers in the near future which will stake aflbrdable housing along with support services available to individuals actively pursuing their rov overy. PAGE 2 OF 2 The Community Center will be the focal point of the support, skill building and community building activities offered to residents and will include small computer center. Youth programs will include homework mentoring, access to computers and high speed Internet, after-school crafts and story hours and an eleven week Summer Youth Program. Adult programs will include Neighborhood Watch, GED tutoring, access to computers and high speed Internet, job search mentoring and an Individual Development Account program (a financial literacy and matched savings program to help low-income families to invest in a home or in education). The Village at Washington Square is located within a census tract (309) which has a higher than average concentration of low-income rental households (median income $25,843 vs. $35,669 citywide in 1990). The number of residents without a high school diploma is notably higher than for Tigard as a whole (15% vs. 9%). This area boasted the second highest concentration of children under 9 of the eight census tracts in Tigard. While this area represents 9% of Tigard's population base, it is home to nearly 16% of the city's minority households. C. Certification of Reskient Income Levels Resident income levels will be verified upon application. Residents may remain in their units as long as they income qualify at entry. Rents will be in the $300-600 range, well below the market for the area. Resident income will be certified on an annual basis. D. How Tax Exemption VA11 Benefit Residents Our financial analysis for the Village at Washington Square assumed property taxes at zero. For both the initial development, and long term operations of the project, full tax abatement is essential. As we have moved through predevelopment, we have developed proformas which allow for the construction of a project which meets all City and State design requirements while offering extremely low rents (see attached rent schedule). We have already obtained all public commitments required to finance the project (including County HOME and CDBG funds, State of Oregon Trust Fund and Tax Credits), and are now finalizing arrangements with the private lender and investor (under the tax credit program). If we are not able to document that tax abatement is being provided, we will be asked to raise the rents on this schedule commensurate with the additional operating costs. A rough estimate of property taxes based on the cost of the project plus the cost of the land is $55,000. This results in a direct reduction in rents of approximately ($2115 per unit per year, or increased rents of $176 per unit per month). Thus, tax abatement offers a direct benefit to residents who will pay dramatically lower rents. Tax abatement is key to the long-term sustainability of a project operating with such low rents. Rents at these levels are the only option for families working in the surrounding retail, service sector and light industrial settings. PAGE 3 OF 3 E. Tax Exempt was CPAH is the general partner of the Village at Washington Square Limited Partnership, a single asset nonprofit corporation. CPAH's IRS Determination Letter is attached. CPAH undergoes full audit of its books annually, as will the Village at Washington Square. Mark Schwing of Markusen & Schwing in Beaverton provides audit services for CPAH. Blume, Loveridge & Co. will provide audit services for the Village at Washington Square Limited Partnership. The State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development both will audit the project annually, visiting 50-100% of the 26 units. The tax credit investor (Limited Partner) also monitors the project on a monthly basis and visits on at least an annual basis. Vera on of infoen ration As CPAH's executive director, I hereby certify that the information in this application for tax abatement is accurate and complete as of this date, to the best of my knowledge. Pinnacle will provide the day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. If additional information is desired on any aspect of this application, please do not hesitate to call. Thank you in advance for your consideration. Sheila Greenlaw-Fink, CPAH Executive Director February 28, 2001 N PAGE 4 OF 4 VILLAGE AT WASHINGTON SQUARE PROJECT STATUS UPDATE February 22, 2001 PREDEVELOP`9ltNT FUNDING: Predevelopment funds closed include: Predevclopmettt Loan from the Etitcrprise Foundation: $ 50,000 Acquisition Loan from the Enterprise Foundaticn: $ 357,000 Rousing Development Grant $ 100,000 CDBG Grant, Loaned to partnership $ 39,675 CPAH Equity $ 27,000, Total Predevelop:ncnt Funds Closed: $ 573,675 PROPERTY ACQUISITION: Property acquired by Partnership in November 2000, using Acquisition Loan, CDBG/GP Loan and Housing Development Grant funds. ZONING: All required zoning approvals required to complete the protect are in pl:tcc, including the Site Development Review, approved by the City of Tigard 1/12101. DESIGN: Design Development Documents have been completed and approved by Oregon Housing and Community Services Department and the City of Tigard (Site Development Review). Construction documents are ;underway, due to be completed in May 2001. Pennit approval 2 to 3 months (City of "igard). ENVIRONMENTAL: Level One studies completed on the property and available by ' request. No significant findings. CONSTRUCTION: CPAII has been working with Seabold Constnnction Company. through a design-build process. Recent Seabold cost estilna.tes, based on the approved, site plan and design development documents, indicated substantial increases in hard co3ts above original budget. To cover a portion of these increases, CPAI I has submitted a rectuest for additional IIOME funds. (See below), Note that Se.abold Will be asked to submit a fonxtal proposal alter construction documents. If that proposal is cost reasonable, a contract will be negotiated. Otherwise, HDC will conduct a b:d process. 1C INANCING: Llf I : Reservation signed 12/29/00: Annual Allocation: $233,069 of 2001 credits. Applicable percentage fixed at 8.39% (December 2000 election,). l.,unds expended to date m $437,315, meeting IW'.) retluirernent. Blonie Loveridge will complete carryf'orward audit this summer. F'x£e 1 ' .r CD- -U1 Il,t 0.a i r'(•1 D!I'!t LS7 f'd 'dq t' Hi a fi RlatnNEN f l_.OA~l: 011C SD has awarded the project 5938,59 5 in OreKun Affordable Housing Tax Credits. Depending, on the interest rate and ability to debt service additional first mortgage fiords, CPAH will request additional 0AHTC. )HCSD has indicated they would be open to a proposal, and the OAHTC. calculation indicates that the increased amount would be allowable. Current proformas show an OAFil'C: amount for the full first mortgage ($975,381). Note that the debt coverage ratio used for the first mortgage is 1.15. This allows sortie funds to cover required debt service on the IIOME, loan. Proposals have been received from three lenders for the permanent and construction financing on this project, and selection should be made by March. CONSTRUCTION LOAN: Proposals for construction loans have been received from three lenders, for a construction loan amount of $1.626,045. LQUITY CONTRIBUTION/ PAYIN SCIIEDUI_ A)1 lie current ASSUm17tiOnS (see proforma) for order of use of funds during construction are as follows: 1) HOME, CDBG, Housing Development Grant and CPA14 equity in first (close of construction), with Enterprise Acquisition and Predevelopincrit Loans repaid at close of the construction loan. -July 2001 2) Minimum of 50% of equity in at dose of construction and/or through the first several constriction draws (100% equity), until 50% of equity is funded. - ,lulu - November 2001 3) Construction loan solely until conversion to perm. Sce anticipated development fee payrrients on construction casliflow. Assure Ir month construction term, with six month extension available, J/ Equity Contribution fully funded at conversion to perm. - estimarecl Aub/Scpt 2002 B) because the project currently has more annual allocation than currently estimated eligible basis, CPAH will consider alternative proposals, which could defer initial cquity payums, if the investor is will to provide a subordinate construction loan. Thus model would assume that the investof Would provide constrcuction loan financing per the above schedule for equity payin, and would defer their first equity payin until a later date, preferably, eertific ate of occupancy.. I1U.ME- Washington Count} awaided S 382,246 in HOME funclin'v to the proj'r:Ct y in February of 2000, and an additional 555,779 in February 2001. Washington County's HOMF_. terms are typically hard debt at 3% interest, for 30 years. C PAl f ii:ls iequested the terns as ti,tlov;s: 1 25%, 40 year;, with graduated payments. Ir. addition, CPAH has requested that doting the first IS years, any debt paymcimts 7 %\hich cannot be paid (after a 1.20 debt coverage) be deferred. and that deferred p.mymcnts not be r01sidercd a default can the loan for this period. '1 here tc.at,s are Edge 2 r tL'-1 (-r9 3 rut Ua SV r'f9 li lr'i l.t Ld7 i'j Jb F~_, l3 still udder negotiations with Washington County. Wa;hirtgtcm County has agreed to similar terms on previous projects. CDBG Grant to CPA.II: These funds havt: closed, loriticd to parutershir and "used to pay a portion of the acquisition costs. These funds DO NOT trigger Davis; Bacon. 11ousing Development Grant: Awarded and closed. Approximately $87,000 ha; been funded to date. f_'PAII Equity and Deferred Development Fees: CPAH currently has approximately $27,000 (not yet repaid) of their funds invested in the projecl. The- current profotrna anticipates approximately $32,000 in deferred development fees, and another $17,000 in equity contributions to the project. $lOK of the $17K in equity has been funded through a grant to CPAII. PROPIRRTY AIANAGF,N4FNT: CPAH anticipates using, Pinnacle Ptoperty Management to manage this property Currently, the profornia shows operating cxpcnscs of $ 3,324 per unit, and property taxes will be abated by the City of Tigard. CPAH plans to have one property manager living on site, but to have all leasing activities occur through their office at the Villa La Paz. •jr SCIIEDULE, Sc,-- the attached sch.dule for the project, which anticipates closing the construction loatt in late July or early August, an eight month construction period, four . month leaseup and two month stabilization period. I r i r ' r Pge3 Community Partners for Affordable Housing inc. *#Aellftwwl_~ VILLAGE AT WASHINGTON SQUARE 11157 - 11163 SW Hall Boulevard, Tigard Community Partners for Affordable Housing (CPAH) is a nonprofit affordable housing developer serving the Tigard-Tualatin area. CPAH provides safe and healthy affordable horsing along with support and skill building activities to low-income individuals and families in our community. The Village at Washington Square represents CPAH's fourth development as an organization, and will bring the total number affordable housing units owned by CPAH to 146. CPAH has assembled a highly qualified team of development professionals to work on this new construction project. The need for affordable multifamily rental housing in Washington County in general, and Tigard specifically, is well documented. While Washington County is one of the fastest growing and most prosperous counties in Oregon, an increasing number of residents do not benefit from this affluence - over 20,000 families live below the poverty line. They are the bank tellers, shop clerks, secretaries and other service, retail and manufacturing workers that support the growth of the Washington County economy. Within Washington County, Tigard-Tualatin is one of the least affordable areas to live, despite a large concentration of employment opportunities. The unfortunate reality is that many who work here cannot afford to live here. The Village at Washington Square will be a new construction development providing rental housing affordable to a range of lower income households, with rents affordable to families at 30%, 45% and 50% of the area median income. The Design of the Village at Washington Square includes three residential buildings with a total of 26 _ dwelling units, and a community building all arranged around a central courtyard/play yard. Over half of the units will be three and four bedroom 1- r` units, which will allow us to meet the affordable housing needs of large families. Eleven of the units will be _ . _ traditional apartments. while the other 15 will be townhouse style units with entrances on the second floor. The development will include 31 parking spaces. The development site contains 36,720 square feet and a single-family home on the property that will be removed to allow the full site to be redeveloped. The development will include a small green space with benches, a path and a butterfly garden. The Community Center will be the focal point of the support, skill building and community building activities offered to residents and will include small computer center. Youth programs will include homework mentoring, access to computers and high speed Internet, after-school crafts and store hours and an eleven week Summer Youth Program. Adult programs will include Neighborhood Watch, GED tutoring, access to computers and high speed Internet, job search mentoring and an Individual Development Account Program. The Village at Washington Square will provide affordable housing for a minimum of sixty (60) years, with maximum rents regulated by covenants on the property. Financing costs for the development will be covered through partnerships with private investors, lenders, non-profit foundations, Washington County and the State of Oregon: Financial Partners Partner Contribution Type Washington County $ 487,700 HOME low interest loan & Department of Housing CDBG Grant - AWARDED to development Services Oregon Housing and $100,000 ` Housing Development Grant, Community Services Dept. ' plus Low Income Housing Tax Credits and Oregon Affordable Housing Tax Credits - AWARDED to development Private Loan - lender to $ 975,391 20 year loan utilizing Oregon Affordable be determined (estimated) Housing Tax Credits to reduce interest costs to development Private Equity - investor to $ 1,827,085 Equity investment in return for Low Income be determined estimated Housin Tax Credits allocated to the investor Equity by CPAH $ 49,000 Deferred fees, equity includes grant from First Consumers National Bank Total Development $ 3.4 Million Cost Development Team Firm Role Housing Development Center Development Consultant Carlton Hart Architecture P.C. Architect Seabold Construction General Contractor Pinnacle Realty Management Company Property Manager Preston Gates & Ellis Legal Counsel Blume, Loveridge & Co. Audit Services Community Partners for Affordable Housing, Inc. • i of Tigard Appikab-M for Tax Ababwnwd Tangela Single Family Rental Horne 9330 SW Tangela A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Staters Verification of Information Attachments: • CPAN Annual Report 1999-2000 • IRS Letter A. Property Description The single thmily "Tangela house" at 9330 SW Tangela in Tigard, was acquired by Community Partners for Affordable Housing, Inc. on December 31, 1999, with assistance from Washington County CDBG program and a loan from Washington Mutual Savings Bank. It is located just two blocks from CPAH's largest multifamily project, Villa La Paz. It is on a quiet cul-de-sac in largely single family residential neighborhood, off Greenburg Road. The total site is 5,450 square fed and is zoned R-7 residential. The two story structure is 1,916 square feet in size, and includes 5 bedrooms. CPAH converted an upstairs bonus room into an additional bedroom and completed other necessary repairs after initial acquisition. Legal Description: Barbee Court, Lot 1, Tigard, County of Washington, State of Oregon Tax Lot: 1 S 135DC-05300. EL Project7s Charitable Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAh) is to promote a healthy community through the development of: permanent affordable housing, sustainable economic growth, and community-based partnerships. CPAH acquired the four-bedroom single family home in order to assist the County and the Good Neighbor Center Shelter in meeting a "replacement unit" requirement triggered by the Uniform Relocation Act when the shelter acquired its current site and demolished a single family home housing a low-income family. CPAH completed needed repairs and upgraded the home to a five- bedroom, in order to provide a rare opportunity in our community--an affordable single family rental for a very large family. The home proximate to CPAH's Villa La Paz property, where management and resident services are available. The residents of this home are very low-income and eligible for services CPAH offers and coordinates. These services include a computer center, community room, neighborhood watch, Individual Development Account and other programs. The resident services coordinator personally visits the home on a regular basis to ensure that the property is well maintained and to develop an ongoing relationship with the residents. The home is located within a census tract (309) which has a higher than average concentration of low-income rental households (median income $25,843 vs. $35,669 citywide in 1990). The number of residents without a high school diploma is notably higher than for Tigard as a whole (15% vs. 9%). This area boasted the second highest concentration of children under 9 of the eight census tracts in Tigard. While this area represents 9% of Tigard's population base, it is home to nearly 16% of the city's minority households. PAGE 2 OF 2 C. Certification of Resident Income Levels Resident income levels are verified upon application. Rent for this home has been set at $950, well below that set by HUD's Fair Market Rent schedule for a four bedroom ($1120). HUD's Fair Market Rents are significantly lower than the average rents in a given area, but indicate the maximum rent an individual with Section 8 rental assistance may choose under the program. Residents income is certified at application, and must be less than 60% of the area's median income. They are recertified on an annual basis. D. Now Tex Exemption Will Benefit Residents Taxes for the year 2000-2001 were $2,100, or $175 per month. We developed our initial proforma with debt service coverage at 1.15 showing full tax abatement, and rent of $850. We rented the home for $950, and did not file a tax abatement application in the first year we operated it. Because if was our first single family home, we wanted to ensure that our operating budget performed as assumed. We commissioned a thorough inspection survey prior to purchase, and offered a reduced price in order to make additional safety repairs. During the first year of operation, we have replaced the hot water heater and furnace components, as well as completing roof repairs. We plan to paint and landscape the home this spring, perhaps with volunteer and in-kind support. Without tax abatement, we will need to implement a rent increase during 2001 of $175 monthly. It is important to CPAH that we both meet our mission of serving low and very low-income residents and maintain properties which are safe, healthy and a benefit to the community. E. Tax Exempt was CPAH owns the Tangela property, with Washington County in first position and Washington Mutual in second on the outstanding debt. CPAH is a nonprofit 501(cx3) organization which is audited annually by Mark Schwing of Markusen and Scwhing. In completing CPAH's audits, Mark reviews all aspects of compliance under the County grant and Washington Mutual loan documents. !Verification of Information As CPAH's executive director, I hereby certify that the information in this application for tax abatement is accurate and complete as of this date, to the best of my knowledge. Pinnacle will provide the day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. If additional information is desired on any aspect of this application, please do not hesitate to call. Thank you in advance for your i consideration. i `.1 l CI~LLI(---. Sheila Greenlaw-Fink, CPAH Executive Director February 28, 2001 PAGE 3 OF 3 Community Partners for Affordable Housing, Inc. Ave ° City Ti r° Applicadon r Tax Abatememt Villa La Paz Apartments 11875 SW 91 Avenue, Tigard /A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. Mow Tax Exemption Mill Benefit Residents E. Tax Exempt Status Verification of Information Attachments: O CPAH Annual Report 1999-2000 • Resident Income Certification 4/30/00 9 IRS Letter 0 IDA Program Fact Sheet Property Descriptim Villa La Paz is located at 11875 SW 91' Avenue, just off Greenburg Road and Pacific Highway in Tigard. This 84-unit garden court apartment complex is centrally located, between Washington Square (the County's largest shopping mall) and Tigard's Main Street. The neighborhood is basically residential, although proximate to a variety of commercial and retail employers. Several major bus lines serve the area. Villa consists of 84 units in four buildings: 12 one-bedroom/one- bath 564 square feet units, 60 two-bedroom/one-bath units of 839 square feet, and 12 three- bedroom/one-bath units of 1,007 square feet. The buildings are two and one-half stories above ground (1/2 below grade). All are wood frame, with stucco and concrete exteriors with pitched, composition shingle roofs, built around 1970. Forty-two of the units have fireplaces. CPAH added a new community facility in the center of the complex which houses a computer center, library, multipurpose room and rental office. The total site contains 3.01 acres and is built at a density of 28 units per acre, an allowable non- conforming use. There are 64 carports and a total of 142 parking spaces (ratio of 1.7 spaces per unit). The 1995 assessed value was $2,471,890, and 1995-96 property taxes levied were $33,874. According to Washington County's Assessor, the 1999 assessed market value of improvements: $2,744,030 and of land: $672,000. Legal Description: The site is located in the southeast of Section 35, Township 1 South, Range 1 West (Willamette Meridian). Tax Lot: The Washington County Map shows the site as tax lot 23-74-2000, Parcels 1, II, and III. IL Projecrs Chaiftble Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of: permanent affordable housing, sustainable economic growth, and community-based partnerships. Villa La Paz was CPAH's first housing development project. Our acquisition and renovation of the complex ensured that the 84-units were brought up to and maintained in accordance with current health and life safety codes, and are affordable to low- and moderate-income residents on a permanent basis (CPAH has committed to 40 years of affordability for those at 50 and 60% of median income; in reality average resident incomes are around 30% of median income). Partnerships with Tigard's Police Department and Tualatin Valley Fire & Rescue have already n enhanced the safety and quality of life for residents. Partnerships with Community Action Organization/Neighborshare and Portland General Electric for significant weatherization improvements have resulted in reduced utility bills for families residing in the complex. Neighborshare provides information and referral and emergency services to residents based on resources available. Many of the families participate in programs such as HopeSpring (a a partnership of Lutheran Family Services, Tualatin Valley Centers and Community Action Organization-CAO) and SAFAH (CAO program) that provide ongoing case management to help families achieve self-sufficiency PAGE 2 OF 4 Villa is located within a census tract which has a higher than average concentration of low-income rental households (median income $25,843 vs. $35,669 citywide in 1990). The number of residents without a high school diploma is notably higher than for Tigard as a whole (15% vs. 9%). This area boasted the second highest concentration of children under 9 ofthe eight census tracts in Tigard. While this area represents 9% of Tigard's population base, it is home to nearly 16% of the city's minority households. CPAH's new on-site computer learning center currently offers six personal computers with CD- ROM drives and a networked printer for use by residents. This past year, we added high-speed Internet access to the computer center. The computer center is used by youth for homework., research, e-mail and educational games and by adults for job search activities and Internet access. The Tigard Library has twice obtained grant resources to purchase children's material for our on- site library. In January 2001, CPAH initiated a pilot Individual Development Account Program for Washington County (please see attached Fact Sheet). The program includes extensive financial literacy training and matched savings accounts. The savings can be used for either home ownership or higher education. The first 15 participants from CPAH properties have finished the six week MoneyWi$e class and have begun to open their savings accounts. C. Certification of Resident Income Levels The average income of Villa households is $16,164. They may remain in their units as long as they income qualify at entry. Rents are in the $400-600 range, well below the market for the area. Please see attached resident income certification. Resident income is certified on a yearly basis. D. How Tax Exemption 1 All Benefit Residents Our financial analysis for the Villa La Paz project assumed property taxes at zero. This results in a direct reduction in rents of approximately ($35,000/84 units = $416 annually per unit). We continue to make capital improvements at Villa, and will spend an estimated $25,000 in 2001. This will include additional landscape restoration and interior replacements such as appliances and cabinetry. Significant water penetration issues at the project have been resolved. Stabilizing cash flow continues to be a challenge due factors that include: increased utility costs and turnover in property management staff. The first five years are the most difficult, as we are trying to stabilize full occupancy in a complex which has suffered a bad reputation for much of its history. We are still forced to spend significant amounts on capital improvements that are essential, but go far beyond what would be required of a ' project that had been continuously maintained. We are still struggling to maintain a positive cash flow, something that must occur for us to continue to hold the project and receive our next capital contnbution from our equity investor, Key Bank. Tax abatement is essential in our effort to keep + the project afloat. i I PAGE 3 OF 4 etas M Tax Exempt Status CPAH is the general pamper of the Villa La Paz Limited Partnership, a single asset nonprofit corporation established for the purpose of acquiring the Villa La Paz apartments and qualifying for low-income housing tax credits. CPAH's IRS Determination Letter is attached. CPAH undergoes a full audit of its books annually, as does Villa La Paz. Mark Schwing of Markusen & Schwing provides audit services for CPAH and the Villa La Paz Limited Partnership. The State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development both audit the project annually, visiting 50-100% ofthe 84 units. Our auditors have found us to be in compliance, and are very impressed with the turnaround they've seen at the project, particularly in the past two years since Pinnacle Management has taken over. A new site manager will begin work at Villa on March 1, 2001 and we will quickly introduce him to essential partners such as Tigard Policy, Library and others. Veaiifxmdm of 1nfonitatkm As CPAH's executive director, I hereby certify that the information in this application for tax abatement is accurate and complete as of this date, to the best of my knowledge. Pinnacle provides day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. If additional mfomration is desired on any aspect of this application, please do not hesitate to call. Thank yon: in advance for your consideration. Sheila - w-Fink, CPAH Executive Director February 28, 2001 PAGE 4 OF 4 'MES luw OF TIMES NE,%,SPAPERS AN EDITION Vu1 - ~4 ■ `o. 8 0 ~I 1 f 1 iGARI). OREGON Anffik vaA %Z__ SEA& S Ewa V the together to create the apartment community" CPAH Part-s gone, with the Supplemental ram, Assistance for y the gra nets closely Hopespring, fi ed otT and who arc the ten Iwrt to unprove she o~h~mcnmes have dropp Facilities Assisting the Homeless pro witdfor hg child vandalism is gone, ion County's it b slice, she ESP program which serves homeless women Tigard's once-troubled Villa La Paz is neighbors watch out for neighbors. lard p survivors of domesiwhich Olfers a s stancewith r n and as Washing oftieiatty Administere}' Ttbersonnel to attend an tight- andNcighborshazc, anent p furniture and clothing s recognized fjr~°BQ~f Safety property rcgwres key manag' l activity off rental utility Payments, food, Prevention to first Enhanced n illegal ust crime p ' hour seminal about ktePd lveloped by DcLong and Villa L. Paz offers more than 1 " BY 3ENNiFER BENT s. There is an after-school homework mentonng Gs Propenics -training who in Portland fl- its tenant the seminars moo t and crafts activities edforucatresident children, can ion. software in the have a truth Associates who o OS the T,ntes it nn 1) t\'hai am is char 'c county. Wolf also take advantage 1'1G AR titer room, and there arc tenant education learn about scrcen``gnc "i pre+sion that, asprite facility' program s comp .ufe, prupcn} that +s w1y about conunums} nnolve" ny'y so People don't g' and how to look arents. lace ropcThe m It is the p k.. J / can do as they' please" there, classes for their p ute, room. ent " dtscnptiun of the Villa La i "they operations. The parents also use the comp workshops, word pro- . Will„' r`: J ' Willing signs Uf drug labs and grow Thar %%J1 Colleen T rd and its now-uftictl ,tit for it. insp where staff members each resume ccts the Property for the budgeting- ounty 's ft IS "tinhanced Wolf crsunally readsheets and family budggsummer Pro- Paz apartment complex in tgCa Then p y standards, such as dead- ccssing. sp I \Vashtngtvn ,;rs. lex's community center, . V - a, n application bolts, or minimum safer round level units, At the comp for designation d safety PruPen\ " \\'d4r> t• the rest`nr un+l"5 uth st PP peepholes, window locks for g tit on . P P that is large enough to grams offer opportunities kids to lbuild esson sand pr the fur at Villa La Par. an 81•unn tomtnumty ca d lighting and no tandsca 1116 de, have swimming parties 12 J he kru,wy, as times a ; v om' crime "Cigard Days ' Para tion birthday Pa t,en month. 1 9I,t Attn't thJI u,e io the W. trine sPt' conceal an adult or obsu r entrances o cUnduet on-9 b talent shows. Staff p i bcfu,e It, '),suer. Cun,t,iumt} i' ~>s pvhtt I)'Part'nent good is icy car, but the Villa La all the residents horn in a g can also be held tit the properly year for reception', u:tined u , wtth tht fIg The lousing. rnu revention training at Icasc once a y'° icaI apan- u, uuplciucnt the aurae prt,cnuun prug to ,run that Includes nearby. Wcddtng, and funeral recce rmralled P ,rhooct \\'auh P b' offers more space than a typ ny - b crehh: meets two tones J which ,t +n ,va< ur P' 1 az N' °mLtrmes facility. antadsafety lop, m mcnt cnt scudau` time ' sort poor a ` The new Enh wttk ap'an for a long Tigard City 1"'Ili Puhct to cre- . right thing t k Vd1a Pal Ia,I nun- ~ at La hkn,aue.^ said '"'11th. .aril \Uulf. "it's y but but "TheY'vc been doing the fMPROVED °h tiled to t c cr} pt" They're very pruacu , l ro cry installs the "enhanced n -a \\ulf, who noted that although na lla La now" said Wolf, joining the ?5P NEW AND lenn Davis after, spokasman Jrnt the new, Hatt mal- Any Pi°Pcrty managers interested in 997. ext 20. employee Si n at Villa La P2Z the to all llgartf ate a Sense of eommnttThe tenant, ratuh out for each property 9 Paz is an Jllordable h° ntLr co its available la Par. is quite unique r should can `168• Safely IV nnplememcd ESP p .er acu,t proper- program should contact PT0grantsd noon of Feb. t6 °Cd1J l.a d to be t td it . an 1d know they hale a rtsPunsbduy. to call if there 's a 1'hvse intereste Pa, use d in C'PAII p Of thnr tcrcitury_ curia P{eperttcs ,cr} r,teeti,t lhl1an Thty'rc P' Dc,tlop,ncnt blattagvc hie aen„ty 1)mtt were'let innal, J Pit , , 1724 tv fvr Pu urut.t.nmr ,dt.tlu 'All resource punt, - ,,,0.•d l a dlllennt tundutg but then Wert a..,, the t,.n rotnpu t,t,anl ,•ud l i'•111 1 I a„auh, flat, ill" ..utd,,h.m l uuf lion l I'\11', u„r,tuirl++ ,4 nun: Ik,.m j etltt THE ORF9UIN ' . NOR - 1048 wabmew «•«.«..294..... or 294.5984 _ S+torrgatton«-.«.•«• - 968- n Cale rtd ~ « oni southw _ hex«««•--~~'•_ ,.outhwest@news.ore4..2zl,BZ4 21.8240 3M 5 r~ mail.«« _.«....221.8000 & derirery•«• tiewsps r Ctassitied ads « lrr alimmill ey .L 1. 1• t: l• ems„ D i 519ard city worver Glenn Davis td lip a t sly" of the community " • policing times Wednesday at the 'Alta la Paz apartments. gPENl WOJ G0N AN THE tFL 4 lame one Summer activ- 1X least once a m And evhen l itieskeep chil n busy. tenant cnme Pm started 1rating NT11 ssment and apararlents start th teen ageC,,tenant a tenants building at 11905 blem S•W lice. Witt, Venaootrthe apartrnents are a dif the roblemva go Today the ap ps ear it ed ro for Pt. tace• nil to form about a Y vr~ ipp be- a big P ~tned a patrol and s' and of dnrgs• Prostituaon, van" ferentp are vandalism oc the problem Cas Five years ago, the Tig 1, ism and minor assaults' "Now tit P Wolf, a crime turned into serious ttte riddet > 1997, Community very low." said specialist With the Ti- tore it conipt+ was eri In March Housing revendon motese irnpresstve for apart 29 5 first Affordable and spent g td police. da mat it's tt the prop em ad'utg g There has been no van ,tents, tyhere the rranl it difent nature 1101~ it's the L7ty Panneri [or a year, of residents make, it difficult to set PropertY bougl million uP~ the complex for mo -dent re than Y d Safety mote than $1. imroved u suchProgtarn, Enhance unity was. AttDERS0t1 the eomplim mctuding P said ~ U 'n ajo, The re,rbad e le- P^l[ shard to get that comet Wolf ev DAVID R. " anddeadbolts. rdmtor. " have it there, nlaoeti,oNl^iJ lighting dertook a three- ices Mows it's not welcome at spirit but they the signs went up TN~nde lg The otmcrs io, WlO esecumW the p ents,sheWa chmeeisat said. ents • at Villa la Paz apart . the designation Th at m' ANe1Qlibothood MENEM the first 6nhanted phasePrtgram . cluded landlord trammt a sr cutity Hating them as inTlgard to get J'rty o the84•unit Safetyplof About five years aR VILLA LA PAZ SECTION 42 CERTIFICATION SCHEDULE 04/30/00 SQUARE: RENT NAT'L ! MOVE IN INCOME TOTAL RECERT INITIAL LAST j RECERTj TENANT 1 ALLOW. UNIT 9 TYPE FOOT BASIS RESIDENT NAME GENDER; ORIGIN: DATE LIMIT , INCOME 1 INCOME CERT , CERT 1 DUE j RENT 1 RENT 1 2X1 950 50% Kropft Female White 02/01/00 S 18,350 j S 9,255 i j 02/01/001 02/01/001 02/01/01 1 S 520 j 2 2X1 950 60% 'Hughes Female White 04/17/00 S 34,800 S 21,496 1 j 04/17/001 04/17/00 104/01/01 j S 590 3 2X1 950 60% Manrow MiF j White 01104100 j S 28,300 i S 18,053 j ~I 01/04/001 01/04/00 01/01/01 ; S 563 4 2X1 950 50% Setew Female White 05107/99 S 23,600 j $ 13,740 j 105/07/99 j 05107/99 t 05101100 1 S 510 5 2X1 950 50% Venezla Female i White ; 01124!98 j S 16,200 , S 6,522 j S 6,906 101124t981 01!12100 j 01101101 j S 520 6 2X1 950 60% Moon Female White ! 03/27/981 S 26,760 S 6,056 j S 14,560 j 03/27/981 03/27/001 03/01/01 j S 563 j 7 2X1 950 50% Thayer Female White 03/04/00 ; S 26,200 S 14,557 1 1 03/04/001 03/04/001 03/01101 j S 520 8 2X1 95C 50% Rae Female White 1 02/26/98 S 22,300 j S 6,924 $ 19,817 1 02/26/981 01/18/001 02/01/01 ; S 510 9 2X1 950 50% Tavares M/F Hispanic' 01117/98 S 18,500 ; S 13,520 ; S 34,827 j 01/17/98 j 01/17/001 01/01/01 i S 513 10 2X1 9511, 50% Biggs Female White 01/29/00 S 20,950 i S 19,788 1 01/29/00; 01/29/001 01/29/01 i S 520 I 11 2X1 950 60% Janke Female White I 02/06/98 i S 22,300: S 5,124 S • 02/06/981 01125/00 j 02/01/01 $ 553 , 12 2X1 950 50`/° Holl ster Female White 01127198 i S 22,200 S 16,968 S 01/27198 ! 01114100 ! 01101/01 ; S 563 13 2X1 95C 50% Rivera Female White 11/24199 S 25,150. S 4,032 , 11124/991, 11/24/99 11/01/00; S 560 14 3X1 1100 60% Stott M/F White 08!14/99 ; S33,950 11 S 28,320 , 08/14/991 08/14/99; 08101/00. S 665 i 15 2X1 950 60% 'Vanhorn Female White 08/07/98 j S26,750 i S 14,040 j S 13,790 1 08/07/981 07/30/991 08/01/00 j S 563 j 16 3X1 1100 50% Griffin Female White 10107/99 5 20,950 S 10,680 j S i 10!07/99 10/07/991 10/01/001 $ 598 .7 2X1 950 50% Carnal Female ;Hispania 02/17100 $ 28,300 I S 8,544 : S j 02/171001 021171001 02117/01 1 $ 520 18 3X1 1100 60°f° Pavey M/F i White ! 01109199 i S 32,160 , S 16,400 ; S 24,000 j 01/09!99 01109/00 101101101 1 S 665 i 19 2X1 950 50% Pyle Female i ' White 12/04199 i S 18,350 i S 9,180 j 12/04/991 12/04/99 j 12/01/00 ; S 510 20 3X1 1100 50% 'Kemp Female ;Hispania 03123/98 S 28,750 ! S 25,950 S 20,600 ; 03/231981 03/23199! 03/01/00. S 585 ; 21 2X1 950 50% LeVines Female Native 04107/99 S 20,950 i S 19,448 j ; 04/07/99! 04/07/99 j 04/01100. S 510 . _ d 22 3x1 1100 50% ;Hooper Female j White I 03/17/98 I $ 24,800 j S 17,680 i S 25,041 1 03/17/98 j 03/17/99 j 03/01/00' S 585 ; 23 2X1 950 60% Stevens Female White 10/09199 ; S 28,300 i S 19,416 ; j 10/091991 10/09/991 10101/00: S 540 i 24 3X1 1100 50% 'Huber M/F White j 04/01/00 j S 30,400 j $ 23,944 1 04/01/001 04/01/00 j 04/01/011 S 645 j 25 X1 760 60% Woodard Male i White ! ; I 1 ! 26 1X1 760 50% Gehlen Male White ! 01/21/00 ' S 18,350 1 S 5,703 j 1 01121/00! 01121/00; 01/21/01 ! S 429 27 1X1 760 50% Lopez, Javier j Male iHispanicj 04/01/98 S 17,350 1 S 15,600 j $ 16,640 j 04/01/981 0001/99! 04/01/00 S 420 28 1X1 760 60% :Niemela Female ! White ! S 20,820 j S 20,030 j S 30,180 1 05/01/981 05101/001 05/01/01 S 489 29 .X1 760 50% Esobar Female !Hispanic' 12/01/99 S 20,950 j S 16,065 1 12/01/991 12/01/991 12/01/00: S 429 30 1X1 760 50% Mascoto MIF ;Hispanic: 09110/99 S 23,600 , S 18,720 i 09110199, 09!10/99 j 09101100: S 420 31 1X1 ?60 60% O'Matley M1F White 04120100 S 25,800 S 12,528 04/201001 04/201001 04/01/01 S 509 32 1X1 760 50% Valverde M/F Hispanic 02/04/98 S 18,500 S 14,560 S 29,120 02104/98 i 02/04/00! 02/01/01 S 420 33 1X1 760 60% Covvy Female ; White 04/22/00 S 25,800 ! S 22,848 04/22/00 04/22/00', 04/01/01 S 509 , 34 1X1 760 60% ;Finney Female White I ; $ 509 35 1X1 760 60% Ferrell Female ; White 10/16199 S 22,000 i S 20,800 , 10/16/99; 10/16/991 10/01/00. S 489 j 36 1X1 760 60% Armstrong Female I White 08/20/99 • S 22,000 $ 400 ; 08/201991 08/20/99, 08/01/00. S 489 ! 37 2X 1 950 60% Vargas Male Hispanic, 07/16197 S 26,800 I S 18,720 S 28,300 07104197 ! 07/161991 07/01/00 S 482 ' 38 2X1 950 60% Valencia Female White 10109199 528,300 S10,056 10109/99 ! 10/09!99 ; 10101100 . S 540 Page 1 111 l d T I A EovL~ LLOw. cERTIFIGAfION gCH LAST 11REGERT'',y tRti FENT IVA RECEF tNITlk cERT DUE , 540.1 m+ PAZ SECTION 42 INCOME ! TOTAL INCOME ; CER 08!01!00 S V11 1-A LA MOVE 1N `y INCOME 1 111031991 540 I 'L LIMtT S 12.916 i 07129198 , 051211991 051011001 S 54 NAT 0 ! PATE 20 1 S 18.548 t ; 05121199 12130100 S ORIGIN ER` 23 8 9 208 1 12130199 12130!99 $ 495 11 ME GEND 1198 j S 07101100 SQUARE RESTS RESIDENT NA male White 0810 S 28,300 i $ i 11981 071011991 OT 8A Fe While 05121199 S 20,950 i S 51A2 $ 37 440 0710 1 11 $ 482 1 UNIT TYPE FO 60 !0 Meyer Female ' 34199 1 18,720 ?115,99 7!01100 li 540 i 950 6° grunaker 1 Female White 121 1198 $ 19,850 ; $ 07t15197 . 0 0510,101 , 1 ic' 0710 14,896 S 5 39 2 454 °l0 Smotrerman MIF 1, -AlsPan ` S 14,898 051141991 Q5t14t00 1 04101101 i S 10 40 21 ne White 5 17,350 , 04117100 ; 510 ` Carmo Female 17,15197 I 5 8,896 ' 04,171991 05101100', S 5590 2X1 950 560°l o White 25150 I • S 15,080 1 10135199 ~ 1 ° 15,600 1051281 981 04101100 41 950 Davis Male hire 05114199 23, 1 S 9,096 t 42 2X 950 65 001, Gissenoerg Female W $ 600 $ 5.1. 4 $ 4(17100 1041171001 061011001$ 5631, 1 ! 04117199 1 % $ 614198 I 06!09!99 03107101 S 61) 5601 4l.--''' 2X. 950 % Yankee l Female Whiter 19,850 I 1 1 05128199 I $ 25 , 80Q I S 23X64 $ 3948 563 I 44 950 Mnlner White 1i 03107!00 45 2X1 54°t0 Female White 1 04117100 II S 23 820 I S 2,911 I 1031071001 091011001$ 950 98111117!99 $ 563 1 i DAiF $ 161,401 09 10 91 2X1 50% Castle 06,09198 , 20,9501 22,006 1125100102i01l01I 4591 46 954 plangue White $ $ ,27!9910 $ MIF 100 1 18,2o01 1)2. 47 2X, 6001, African ~5198 1 $ 26,760 I $ 1776 I S 7,056 1 0710 199l 07101100 y 482 1 Ma1e 09 $ t 071031991 , 05101100 r 5 510 48 2x1 950 60°l0 Goble I I White 1 $ 25.1401 3, 1 10(181991 100 ` $ 2X1 950 ° Shorts Female 02127199 S 13,088 1 6 867 1 0512119, /)4141 587 49 950 60 White $ 23,600 $ 04110199 S 6010 Drew Fem aie l 07103199 1 S 6036 , 04,101991 0$10119910911,1101"0 510 2X1 1 i 50 950 ° uez White 1 S 22.300 i 453 5 2X1 60% Dom mg Female • O5128,98 I 9, 11 06117192' 12101100 ` 12101!981 12101,99 1 540 51 2X 950 50°to Adams le 1, White 1. 5 23,600 I $ 1 Fema ()411019, S 198631lOOI 5 58? 1 S r i 0 52 Shockman Female ;White p8102192 1 23 820 I S 15 070 1 S 14,623 105112199 , 51121 99 0510 07101100/ $ 53 2X1 954 50% • White 1 19,850 07!01!991 563 8,896 L S 507 1 950 Angus Male 1212X1 50°/o 01198$ 150 1 S . $ 20.800 14 19 98'1 04(10104 j 04101!01 I 54 2X 950 Female He's i le , White 1 S 25, S 1 041 7101(001 S 1 05112199 1 23 B56 hite 1 25,020 l I S 19,760 , ' 101241991 665 55 2X1 950 51)°l0 Moore Female 1 W 07,13194 1 S $ 6.036 107131191 i 11101100 S 473 White , S 22,300 5 8,112 111131991. S 56 . 950 Brown Male 04110!,8 S 18144 ' 111211981 10104199 06101100 I 58 57 2X 1 60°10 White l S 22,300 ' 194881, S 10 439 061211921 01101!01 1 $ 665 2X1 950 60010 Curtis Female ' 07131191 , S 29 60 $ 19, S 24,120 ' 02(091001 590 1 • White ,7 ; 950 50°h Parker Female While 11121198 i ' $ 19760 101(2319911 I S 59 2X1 ()wens Female 1)6,21192 , 5 24,800 i $ 13,520 'r 5 30 264 , i 05,01100 ~ S 60 2X1 950 50°t0 White S 26,300 I I 1 10120199 1 2X1 950 60% Johnson N1tF 01,23199 8,500 1 05128198 1 1 600 j 61 White ,528 , $ 1 1 1010 S 1100 Fitcb,ek NUF I p5I01i44 9 I S 22.3001 99 11129!991, 1(001 3X1 590 50°J0 White 62 2K1 °50 60°!0 D0132 nson Female ' Female 1 45129198 1 I 11011911 04125100104,011011 $ 600 1 63 'y White 1, 25 033 I /)41251001 U01 5 3X1 . 1100 60010 3on 26. Oo 1 64 950 I White I $ 12694 I011001031 560 l iL1IlY Female White 10119199 I S 25,600 I t 031011001 0-1 199 11101t00I $ 665 65 1 0 11,20 3X1 1100 550.10 9:1 tzman Female White .1 04125100 1 $ S 19,285 11120199 021011011 S 560 1 66 2X 950 540!° Bod_-- Female i an1c1 03101140 1 S 26 3001 320 1 $ 18,006 021271001 5 1 $ 28, $ 22, 02!271991 I 540 1 67 3X 1104 gnggs M1F 1NisP S 21,0111 11117199 11117199 11101t00 _ 1 60,10 1 White 1 11(20199 I 2g 300 1 05101100'1 5 Diems , 1199 05!01199 S 540 I , 0510 09101100 I1 540 1 orlo 1 00 I Female l t 02127199 S I g50 I $ 8 965124 991 69 2X 1100 50 o Beardall ate I White i S 33, 4 ' 09109199 091091 09101100 70 , ! 1 091181991 , S 3X1 6010 Fem 11117!99 5 150 15 t 2X1 950 60°t0 Heath Female I White 05101199 i 25. 26,,82 09(181991 0 l0 Scott Femate Airican ' 09109199 In 15 $ 28,3 5 1 S 21)227 ' 71 3X 1100 6 ° 1 1 0 1 72 1 950 Ftemin9 Female I `Nhite 09!18199 1, 5 25. 73 ' 2X 50°10 White 2X1 950 0 Kaiser Female 1 74 50 60 /0 : gran[ner 75 2X1 950 60% Page 2 76 2X1 VILLA LA PAZ SECTION 42 CERTIFICATION SCHEDULE 04/30/00 -MA UNIT#i TYPE ISFFOOTEI BASIS IRESIDENT NAMEIGENDERIORIGIN I MDATEN I 1 LIIMTE I INCOMECOME' ICERT I ERT RDUE RENT RENT 77 ' 2X1 ; 950 50% 'Avilez I Female IHispanicl 11101197 1 S 22,300 1 $ 17,992 1 $ 19,073 /97111101199, 11101/001 S 4951 78 2X1 950 1 50% ;Guilerez I Female Hispanicl 04/01/99 S 23,600 1 $ 14,653 04/01/99 04/01/99 04/01/001 S 510 1 79 2X1 950 j 60% (Taylor ! Female White 1 12101/98 ! $ 14,910 $ 22,300'1 $ 17,680 12/01/98 12/01/99 12/01/001 S 510 1 80 ! 2X1 950 60% lHoiguin ! Female I White 1 06/24/98 1 S 23,820 1 $ 6,864 $ , 06/24/98 12101/99 06/01/001 S 563 81 2X1 j 950 ! 60% lFerguson I Female I White 1 10/15/99 ! S 25,150 l $ 9,324 10/15/99 10/15/991 10101/001 $ 560 82 2X1 ! 950 60% IBeckooy Female ! White I 01/28199 $ 23,620 1$ 18,859 ! $ 17,160 101/28/99 101/28100101101/011 S 540 I 83 2X1 j 950 50% '•Ashenbrenner I Female j White ! 11/01/97 I $ 17,350 I S 17,115 1 1 11/01/971 10/201991 11/01/001 S 513 1 84 2X1 950 I 60% :Cediilo ! Female I I I ! I ! I I ' I I ! I ! I I I ! i I I ' ' i I I I i 1 I I I i , I I 1 ! ! I I I ! I ! i ! I ~ i ' I ! I I ! i I ( ! I i ( I I I I ! I I I I I j ! I I I I I I_ ! I I ! I I 1 I I 1 I I I I I I I I I I I I i i ! I I I ! I I I I i I ! ~ ! I I ! I I I I I I I I ! I I I I I 1 i I i i I I I I f I I I I i ! I I ! i I I I I I I ' ! f I I + I I I ' I I i ! I ! I ! I I ' i I ! ! I i ! I I ! ' ' f i ( I ! ! I I ! ~ ~ i I I I I i I I I i I I Page 3 MIN Community Partners for Affordable Housing , Inc. MAN "eWASHINGTON COUNTY INDIVIDUAL DEVELOPMENT ACCOUNT (WIDA) PROGRAM FACT SHEET What are Individual Development Accounts? IDAs are matched savings accounts designed to help low-income people accumulate a few thousand dollars for high return investments such as: Education or work-training ✓ Homeownership The WIDA match rate is 2:1 (for every dollar invested by a participant, WIDA will match it with two dollars). IDAs are designed to increase savings and investments for the working poor, welfare recipients and working Americans who do not have enough income to fully participate in Individual Retirement Accounts. Financial Literacy Training The program has a financial literacy component consisting of money management classes ("MoneyWi$e" purchased through Human Solutions in Portland) and specialized training to support the particular savings goals of participants. For instance, if the participant's goal is to purchase a home, they will receive information about the home-buying market. Participants receive one-on-one support and have the option of attending a savers support group. Flow does an IDA work? An IDA is established in a local financial institution under a qualified individual's name. That individual must meet selection criteria, complete economic literacy courses and maintain consistent monthly deposits into their account. Community investors then match the deposits of the individual and those investments are held in a master account. When the savings goal of the individual is met, withdrawals are approved and the participant makes their investment. Philosophy Behind IDAs While there is continuing need to provide food, shelter, counseling and other basic needs for low- income people, there is a growing understanding that providing for these basic needs is not enough to positively change individual and community environments. IDAs are based on the notion that people escape poverty and achieve stability through asset acquisition, not simply through income. The goal of IDAs is to create investment opportunities for low-income Americans to move forward to become employed, educated and involved in civic life. IDAs are a centerpiece too! in an asset-based community development strategy. PO Box 23206 • Tigard. OR 97281.2306 • Tel (5003) 968-2724 . Fax (503) 593-8923 • Websde www cpahine.org - - Investing in the dreams of low-income people According to Corporation for Enterprise Development (CFED), owning assets gives people a stake in their future-a reason to save, to dream and to invest time, effort and resources in creating a future for themselves and their children. CFED studies show that IDA program graduates make more of their own decisions about education, job training, homes, business, financial investments, health care and retirement security. Creating Financial Stability IDA programs increase participants' skills in saving and building assets, resulting in expanded income and increased financial stability. Participants who choose to invest in education or work training will broaden their eaming potential and employment opportunities. Participants develop a habit of saving that will help them attain their goals and empower them to be self-sufficient in times of crisis. Community Need Washington County has the state's fastest growing population and highest per capita income. Yet it also has nearly 50,000 people with incomes below 150 percent of the federal poverty level. In an age of corporate layoffs and downsizing, the face of poverty has changed dramatically. Increasingly, we see families and individuals joining the ranks of the working poor. Low wages and high rents make it virtually impossible to make ends meet. Even more devastating, over half of those living in poverty in Washington County are children. According to studies referenced by CFED, almost half of all U.S. children live in households with no assets. The majority live in households without enough assets to cushion more than three months of interrupted income. What types of programs are already in existence? IDA programs exist in about 100 neighborhoods across the country. They have received national attention as one of the most promising anti-poverty approaches in decades. Currently, a nationwide demonstration project sponsored by the Corporation for Enterprise Development is underway. Legislation has been implemented at the federal level under The Assets for Independence Act, which will fund 50,000 IDAs nationwide. At the local level, Human Solutions heads the Portland Regional IDA program (PRIDA), a consortium of eight groups including Human Solutions, Enterprise Foundation, Franciscan Enterprises, Friendly House, Neighborhood House, Portland Impact, REACH CDC and Steps to Success. What are some projected benefits of IDAs? According to the Corporation for Enterprise Development, IDAs are projected to have the following results: ✓ increased commitment and interest in the quality of participants' neighborhoods. j ✓ Safer communities by reducing school dropouts, juvenile delinquency and domestic violence. ✓ Increased home values of eight percent to twelve percent. ✓ Assets available to pass on to participants' children. I ✓ Increased knowledge and experience in managing family economics. ✓ Increased self-esteem and greater confidence in the power of saving and investing. ✓ Increased number of low-to-moderate-income people who achieve homeownership in targeted areas. ✓ Enhanced network of organizations and financial institutions serving low-income neighborhoods. ✓ Increased neighborhood leaders and neighborhood stability. AGENDA ITEM # FOR AGENDA OF April 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Police Department HVAC Replacement - Contract Amendments PREPARED BY: John Ro DEPT HEAD OK CITY MGR OK 7iC~y~ ISSUE BEFORE THE COUNCIL Shall Council authorize the expenditure for amendments to the existing Police Department HVAC Replacement Contract with Accipio, Inc. STAFF RECOMMENDATION Staff is requesting that the City Council waive the City Purchasing Rules requiring the informal contacting of a minimum of three potential contractors and prohibiting contract amendments in excess of 20% of the original contract amount. Staff requests that City Council authorize the amendments in the amount of $26,540.00 and give permission to proceed with this project. INFORMATION SUMMARY In August of 2000, it was determined that Accipio Inc. was the best qualified contractor to provide the engineering and design services for the Police Department HVAC replacement project based upon the firm's involvement with the recent expansion of the Police Building. At that time the scope of service was identified as replacing two rooftop HVAC units, modifying or replacing the air distribution system, and to replace the controls. The value of the scope of service was $14,325.00 and a personal services contract was issued for that amount. The City of Tigard Purchasing Rules allow use of informal selection procedures for personal services contracts in amounts between $10,000 and $25,000, which includes contacting a minimum of three potential contractors. The City did not contact potential contractors other than Accipio due to Accipio's recent experience with the Police Building and it's mechanical systems. During the next few months there were several items that were discovered as a result of their system analysis and investigation which resulted in several addendums to the original scope of services, raising the total contract amount to $40,865, an 85% increase. City purchasing rules (10.090) prohibit contract amendments in excess of 20% of the original contract. The following addendums were submitted to the City: Addendum #1 - Construction Cost Estimates $ 1,410.00 Addendum #2 - Generator Unloading $ 3,300.00 Addendum #3 - Make Up Air Unit to Locker Rooms $ 4,450.00 ■ Addendum 94 - Construction Inspections and Observations $12,985.00 ® Addendum #5 - Bid Specifications for Equipment Purchase $ 4,395.00 All items listed above were deemed necessary and therefore approved by the Property Manager. A brief description of each of the above noted addendums is attached. OTHER ALTERNATIVES CONSIDERED Authorize payment of the above noted addendums and proceed with project. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY ATTACHMENT LIST Original Scope of Services and Police Department HVAC Replacement Addendums FISCAL NOTES During the 2000/01 fiscal year, $250,000.00 was budgeted for completion of the Police HVAC replacement. The original contract amount for this project was $14,325 with an additional $26,540 in contract amendments for a total project cost of $40,865. CITY OF TIGARD, OREGON CONTRACT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this 9th day of August, 2000, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Acci io Inc., whose authorized representative is James Cundiff, PE., and having a principal being a registered engineer of the State of Oregon, hereinafter referred to as the "Engineer." WITNESSETH: WHEREAS, the 2000/01 budget provides for the design and construction of HVAC System Replacement at Tigard Police Department WHEREAS, the City desires to engage the Engineer to render professional engineering services for the project described in this Agreement, and the Engineer is willing and qualified to perform such services. IN CONSIDERATION of the promises and covenants contained herein, the parties hereby agree as follows: 1. Engineer's Scope of Services The Engineer shall perform professional engineering services relevant to the Project in accordance with the terms and conditions set forth herein, and as provided in Exhibit I, which is attached hereto and by this reference made a part of this Agreement. 2. Engineer's Fee A. Basic Fee. (1.) As compensation for Basic Services as described in Exhibit I of this Agreement, and for services required in the fulfillment of Paragraph 1, the Engineer shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit 1 of this agreement, which shall constitute full and complete payment for said services and all eicpenditures which may be I made and expenses incurred, except as otherwise expressly provided in this Agreement. The Basic Fee shall not exceed the amount of Fourteen thousand, three hundred and thirty-five dollars ($14.325.00) without prior written authorization. (2.) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services to be provided by the Engineer and is not necessarily related to the estimated construction cost of the Project. In the event that the actual construction cost differs from the estimated construction cost, the Engineer's compensation will not be adjusted unless the Scope of Services to be provided by the Engineer changes and is authorized and accepted by the City. CONTRACT FOR ENGINEERING SERVICES Page 1 B. Payment Schedule for Basic Fee. Payments shall be made upon receipt of billings based on the work completed. Billings shall be submitted by the consultant periodically, but not more frequently than monthly. Payment by the City shall release the City from any further obligation for payment to the engineer for service or services performed or expenses incurred as of the date of the statement of services. Payment shall be made only for work actually completed as of the date of invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Payment for Special Services. Only when directed in writing by the City, the Engineer shall furnish or acquire for the City the professional and technical services based on the hourly rate schedule as described in Exhibit I of this contract for minor project additions and/or alterations. D. Certified Cost Records. The Engineer shall furnish certified cost records for all billings pertaining to other than lump sum fees to substantiate all charges. For such purposes, the books of account of the Engineer shall be subject to audit by the City. The Engineer shall complete work and cost records for all billings on such forms and in such manner as will be satisfactory to the City. E. Contract Identification The Engineer shall furnish to the City its employer identification number, as designated by the Internal Revenue Service, or Social Security Number, as the City deems applicable. F. Payment - General (1.) Engineer shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. (2.) Engineer shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. (3.) Engineer shall promptly, as due, make payment to any person, co- partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of Engineer or all sums which Engineer agrees to pay for such services and all moneys and sums which Engineer collected or deducted from the wages of employees CONTRACT FOR ENGINEERING SERVICES Page 2 pursuant to any law, contract or agreement for the purpose of providing or paying for such service. (4.) The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 3. Ownership of Plans and Documents: Records A. Drawings and specifications as instruments of service are and shall remain the property of the contractor whether the project for which they are made is executed or not. After completion of work, the City shall be permitted to retain copies, including reproducible copies of drawings and specification for information and reference in connection with the City's use. 4. Engineer is Independent Contractor A. Engineer's services shall be provided under the general supervision of City's project director or his/her-designee, but Engineer shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under Section 3 of this Agreement. B. In the event Engineer is to perform the services described in this Agreement without the assistance of others, Engineer hereby agrees to file a joint declaration with City to the effect that Engineer's services are those of an independent contractor, as provided under Chapter 864 Oregon Laws 1979. C. Engineer acknowledges that for all purposes related to this agreement, Engineer is and shall be deemed to be an independent contractor and not an employee of City, shall not be entitled to benefits of any kind to which an employee of the City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Engineer is found by a court of law or an administrative agency to be an employee of the City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Engineer under the terms of the agreement, to the full extent of any benefits or other remuneration Engineer receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Engineer or to a a third party) as a result of said finding. i D. The undersigned Engineer hereby represents that no employee of the City or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from the Engineer, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. 3 a I E. If this payment is to be charged against Federal funds, Engineer certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his/her normal charge for the type of service provided. CONTRACT FOR ENGINEERING SERVICES Page 3 F. Engineer and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. G. Engineer certifies that it currently has a City of Tigard business license or will obtain one prior to delivering services under this Agreement. H. Engineer is not an officer, employee, or agent of the City of Tigard as those terms are used in ORS 30.265. 5. Indemnity The City has relied upon the professional ability and training of-the Engineer as a material inducement to enter into this Agreement. Engineer warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of an Engineer's work by the City shall not operate as a waiver or release. Acceptance of construction documents by owner does not relieve Engineer,of any responsibility for design deficiencies, errors, or omissions. Engineer agrees to indemnify and defend the City, its offers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trail or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 6. Insurance Engineer and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Engineer's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Engineer and its subcontractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance CONTRACT FOR ENGINEERING SERVICES Page 4 Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1386 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 2,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 B. Commercial Automobile Insurance Engineer shall also obtain, at engineer's expense, and keep in effect during the term of the contract, "Symbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. C. Workers' Compensation Insurance The Engineer, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Engineers who perform work without the assistance or labor of any employee need not to obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each-accident. D. Additional Insured Provision The City of Tigard, Oregon, its officers, directors, and employees shall be added as additional insureds with respect to this contract. All liability insurance policies will be endorsed to show this additional coverage. CONTRACT FOR ENGINEERING SERVICES Page 5 E. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. F. Insurance Carrier Rating Coverages provided by the Engineer must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. G. Certificates of Insurance As evidence of the insurance coverage required by the contract, the contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the address below ten days prior to coverage expiration. H. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Engineer is not an officer; employee or agent of the City as those terms are used in ORS 30.265. 1. Primary Coverage Clarification All parties to this contract hereby agree that the Engineer's coverage will be primary in the event of a loss. J. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution and errors and omissions policies required by this contract. Engineer's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without 30 days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City a certifying to the issuance of such insurance shall be forwarded to: a Arnaldo Manzano 13125 SW Hall Blvd. Tigard, Oregon 97223 CONTRACT FOR ENGINEERING SERVICES Page 6 lull Such policies or certificates must be delivered prior to commencement of the work. Thirty days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non- renewal of the insurance. 7. Termination Without Cause: At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Engineer. If City terminates the contract pursuant to this paragraph; it shall pay Engineer for services rendered to the date of termination. 8. Termination With Cause: A. City may terminate this Agreement effective upon delivery of written notice to Engineer, or at such later date as may be established by City, under any of the following conditions: (1.) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds (2.) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. (3.) If any license or certificate required by law or regulation to be held by Engineer, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked, or not renewed. (4.) If Engineer becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Engineer, if a receiver or trustee is appointed for Engineer, or if there is an assignment for the benefit of creditors of Engineer. Any such termination of this agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B.. City, by written notice of default (including breach of contract) to Engineer, may terminate the whole or any part of this Agreement: (1.) If Engineer fails to provide services called for by this agreement within the time specified herein or any extension thereof, or (2.) If Engineer fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of CONTRACT FOR ENGINEERING SERVICES Page 7 written notice from City, fails to correct such failures within ten days or such other period as City may authorize. (3.) If Engineer fails to eliminate a conflict as described in Section 12 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Engineer shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Engineer shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Engineer bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by City due to breach of contract by Engineer. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 9. Non-Waiver: The failure of City to insist upon or enforce strict performance by Engineer of any of the terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 10. Method And Place Of Giving Notice. Submitting Bills And Making Payments. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY OF TIGARD Arnaldo Manzano 13125 SW Hall Blvd. Tigard, Oregon 97223 CONTRACTOR Accipio, Inc. 4000 SE International Way, Suite F204 Milwaukie, OR 97222 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and CONTRACT FOR ENGINEERING SERVICES Page 8 addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 11. Merger: This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 12. Professional Services: The City requires that services provided pursuant to this agreement shall be provided to the City by a Engineer which does not represent clients on matters contrary to City interests. Further, Engineer shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests. Should the Engineer represent clients on matters contrary to City interests or engage the services on an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Engineer shall consult with the appropriate City representative regarding the conflict. After such consultation, the Engineer shall have ten days to eliminate the conflict to the satisfaction of the City If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 8 (B - 3) of this agreement. 13. Force Majeure: Neither City nor Engineer shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 14. Non-Discrimination: Engineer agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Engineer also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. CONTRACT FOR ENGINEERING SERVICES Page 9 OEM 15. Errors: Engineer shall perform such additional work as may be necessary to correct errors caused by the Contractor in the scope of work required under this Agreement without undue delays and without additional cost. 16. Extra (Changes Work: Only the Facilities Coordinator or the Public Works Director may authorize extra (and/or changes) work. Failure of Engineer to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Engineer thereafter shall be entitled to no compensation whatsoever for the performance of such work. 17. Governing Law: The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 18. Compliance With Applicable Law: Engineer shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement, including those set forth in ORS 279.310 to 279.320. 19. Conflict Between Terms: It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 20. Audit: Engineer shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. Engineer agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 21. Severability: In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected or invalidated thereby. CONTRACT FOR ENGINEERING SERVICES Page 10 22. Complete Agreement: This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Engineer, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Engineer has executed this Agreement on the date hereinabove first written. CITY OF TIGARD ~o B : Arnald Manzano Date: f> a ENGINEER By: Idi Wj/ James rundiff, PE JA-m4-S- L, Clwyt'm Print Name Date: -®O \vig333\usrWeptskdywldetoont-es.dot E-1 =f CONTRACT FOR ENGINEERING SERVICES Page 11 .7i EXHIBIT Duty of Engineer A. Basic Services: The Engineer shall render professional engineering services as described in the attached proposal dated August 1. 2000, titled "HVAC Replacement". P H ca E+ a CONTRACT FOR ENGINEERING SERVICES Page 12 L.1~1 ■IIRIA®Illllle~~ FROM: ACCIPIO INC. PHONE NO. 503 652 9652 Aug. 02 2000 09:14AM Pl A cipio CIC. a i eo.,UMnp August 1, 2000 City of Tigard Public Works Property Facilities Services w o 8777 SW Burnham Street post-it• Fax Note 7671 Dates -2-oo Paoee► Tigard, Oregon 07223 TO AlZNlt; M~Ni=At`1° From J; hl CU Attention: Arnie Manzano CoJDeF4 d '`t6p~p ce. Au-1 ~o -Inc Facilities Services Coordinator Phone # Phone f t -i " 17('51 Gx+ t l Fax a &39 ' Fax N Project: Tigard Police Department Subject Mechanical Engineering Proposal Gentlemen: We are pleased to submit our fee proposal for Architectural, Structural, Electrical and Mechanical Engineering services on the above project. Our scope of work is based on our telephone conversation on July 24 and 3 Y, 2000. Accipio Inc, will provide Mechanical Engineering services and sub-contract the following work using the listed Professional Design Firsts: Work Professional Desten Flrm Architectural & Structural Engineering HDN Architects (See attached HDN Proposal) Electrical Engineering Cundiff Engineering, Inc. (See attached CBI Proposal We propose to work for a fixed fee of $ 13,200.00 for the Scope of Work listed below. Reimbursable expenses (not included in the above fee) will be billed separately at our cost, and are estimated to be S 1,125.00. Reimbursable expenses arc associated permit/plan examiner fees, mileage/parking, plotting/printing, photographs, telephonelfax, postage, and delivery services. Additional services will be billed on a time and material basis. Our current hourly rates follow: Principle S 80 per hour Technician $ 60 per hour Professional Engineer S 75 per hour Cad Drafting S 50 per hour Engineer S 70 per hour Clerical $ 45 per hour 4 SCOPE OF WORK DescriptionA Work i Mechanical: 1. Replace three (3) Rooftop HVAC Units. 2. Modify and/or replace air distribution system. 3. Replace controls. 3 ' Electrical (Cundiff Engineering, Inc.) 1. New branch circuit connection to new rooftop units. ArehitecturaUStruetural (HDN Architects) 1. New bracing and/or size increase at structural members for new rooftop units. 2. Ceiling and wall removal/patching for replacement of rooftop units and air distribution-system. 3. Permitting and bidding process. 4000 SE International Way Suite F204 Milwaukie, OR 97222 Phone (50) 552-9654 Fax (503)652-9652 FROM : ACCIPIO INC. PHONE NO. : 503 652 9652 Aug. 02 2000 09:14AM P2 Tigard Police Department - Mechanical Fee Proposal, Continued Page 2 07-31-00 Construction Documents: When authorized by the City of Tigard Public Works, prepare detailed drawings and technical specifications. Be available for two general consultations. Coordination with other design professionals. Design site observations as needed. Perform necessary analysis to prepare detailed drawings and technical specifications for permit and bidding as may be appropriate. Specifications will be in 8 1/2 by 11 CSI format. Assist City of Tigard Public Works as necessary in connection with the documents for approval by governmental authorities having jurisdiction over the project. Deliverables: Submit one reproducible drawing set for 95 percent review. Submit one professionally sealed/signed and bound drawing prints and specifications. Bldding P_ h;krje; Assemble bidding documents, advertise, review prior approvals, prepare addenda, and telephone support. Review and evaluate bids. Construction Phase-, Services begin with the award of the contract for construction and terminates 30 days after occupancy approval by governing agencies or 60 days after substantial completion. Aecipio Inc. will at all times have access to the Work for this Part of the Project; wherever it is in preparation or progress. Review contractors submittals (one submittal package) for the purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review and respond to request for information (M. Assist in preparing change orders for execution in accordance with the Contract Documents including those pursuant to construction Change Directives. May recommend changes in the work involving adjustments which are not inconsistent with the Contract Documents. WORK NOT INCLUDED• 1: Printing of documents. Printing is considered a reimbursable expense. 2. Fees associated with permit and plan examiner process. Fees associated with this process are considered a reimbursable expense. 3. Electrical service for the mechanical equipment replacement is a=l med adequate. If the electrical service is not adequate and modifications are required they will be considered additional services. 4. Providing service required because of significant changes for this Part of the Project including, but not limited to, change in size, quality and complexity, method of bidding or negotiating and contracting for construction work. 5. Providing services in connection with evaluating substitutions proposed by the contractor and making subsequent revisions to Drawings, Specifications and other documentation. 6. Additional design meetings. If additional meetings are required they will he considered additional services and billed on a time and material basis. 7. Site observations during construction. Site observations will be on an as needed basis and considered additional services. Site observation will be billed on a limo and material basis. FROM.: RCC I P I O INC. PHONE NO. : 503 652 9652 Aug. 02 2000 09:1-SAM P3 Tigard Police Department - Mechanical Fee Proposal, Continued Page 3 07-31-00 ErgMg 1 tMM$HED TO ACCIPIO 1 C i. Available record drawings - Blue or black line prints of architectural, structural, mechanical and electrical drawings including sections, details and elevations. 2. Provide list of special heat producing equipment such as Hub rooms. copiers, computers, etc. for cooling loads. List heat output in watts or bbAr,'and ambient operating temperature in Degrees F. 3. Make available on site personnel who are familiar with1he building features and mechanical and electrical systems. Invoices willbe on a monthly basis due upon receipt. A service charge of two (2) percent per month on balance over thirty (30) days past due. The estimated cost of each phase of work follows: _ Nechani-ya Description Fee Subsonsaltantg Total Design/Drawings/Specs S 5,110.00 $3,440.00 $ $,550.00 Permitting S 100.06 S 630.00 S 730.00 Bidding Phase $ 365.00 $1,330.00 S 1,695.00 Construction Phase S. 925.00 S1,300.00 $ 2425.00 Total $6,500.00 $ 6,700.00 $13,200.00 If this proposal rneets with your approval please sign and return one copy for our files and attach your P.O. number. If you have any questions please feel free to contact me. Thank you for your consideration. COrCly, v James L. Cundif£, PE Accipio Inc. Enclosures Accepted: City of Tigard Public Works Date: . FROM': fiCCIPI O INC. PHONE NO. 503 652 9652 Rug. 02 2000 e9:15AM P4 8-1-2000 Tun Cundiff 4120 S.E. International Way, Suites A213 i'. dkwauk e, Oregon 97222 Re: Tigard Police Mechanical Proposal Dear run, BDN is pleased to present the fees below in support of finishing-out the mechanical system for this project with Mechanical as the lead consultant. Please note that the fees below are on a not to-awed basis. Should the scope of the work change to anything other than what is described (per Phase the fees are subject to change. Our fens in support of your work are as follows- ARCHITE_['Ti BJA1,tSTRUC!= ATL SEY10$ 14 Hours Architectural x $90.00 =$1,260,00 8 Hours Structural x $85.00 =S 680.00 This work includes the coordination of any architectural work related to three rooftop units and associated air distribution and controls, This work would involve the demolition and replacement of ceilings, wall alterations, roof and curbing details and assurance the existing architectural items will receive the new mechanical units, ductwork sizes and routing. Also, prepare bidding documents including Condition of the Contract, General Requirements, SOLI Prevailing wage rates and Arclzitectural/Structural Specifications and Plans. This work also includes the necessary stmaurat calculations, stmetural analysis, bracing, and/or size increase to the existing members for the increased weight of the roof-top units, and the required professionally sealed and signed drawings and specifications. a BIDDING ' F rn 12 hours x$$90.00 =51080.00 E-+ H This work includes assembly of bidding documentation, , plan center distribution, answering bidder questions, formulating addenda, and processing substitution requests. The cost of printing and delivery of seta for bidding will be handled by the local a reproductions office of Ford Graphics and charged to the Owner as a reimbursable cost. H D N Architects pe • Arehiteetum. Urban/Environmental Design • HDN Architects pe with offices at: 223 Northwest Park Avenue, Portland. Oregon 97209.3316 • Telapbone: (303) 224-0110 -Pan: (503) 224-3949 VDHS~/N(IH asAaF7~ena vary fp.nr .tn• 100 'FROM-: ACCIPIO INC. M-a E NO. 503 652 9652 Aug. 02 2000 09:16AM P5 7 Hours X$90.00 = $630.00 ThiskLdude$nlbmittingplaMmIds cationsforp ,00or&ationwithbuilding code officials, andhelpingtoexpeditethel autt Vrocess• rnNSTRU~ON pH~Sfi 8 Hours Observation X S90.O6 ~ $720.00 (obervation questions and readine95) This work inclu&spbongsupportas required to oarzyoutthe construction, answering questions to the prime conmultaM genes coatmctor and sub-contractor questions as well as site visits and thenecessary elcdcalwork forthe observationreports, etc. TOTAL ARCHITECTURAL ~ STRUCTURAL = 54370.00 pleasefind attachedHDNshouriyrate schedule. Plea Iwithanyquestions, sel1K. Hanson,)FIDId Architects I i s. page 2 of2 reinM VHRS~/11QH a9 mews %VA MOT RU 0002/T0/80 FROM.: RCCIPIO INC. PHONE NO. : 503 652 9652 Aug. 02 2000 09:16RM P6 M. 1. 20110 I:5/NM CUNDIFF ENGINEERING No-6038 P. 1/2 ENGINEERING. INC./CONSULTING ENGINEeRS August 1, 2000 Acclpio, Inc. 4000 SE International Way, Suite F204 Mihraulde, Oregon 97222 Attention: James I_ Cundiff, P.E. Project: Tigard Police Department Mechanical Roof Top Unit Replacement Dear Jim: am pleased to submit our electrical engineering fee proposal to complete the work des*ibed within on the above project Please reference the enclosed Ela trice! Engineering Scope of Wo* Schedule, dated August 1. 2000, for your information. Engkwaring fee breakdown: D mion 1M Design Development $1,500.00 Bidding $250.00 Technical Support During Construction $580.4a Total t=ee g We have assumed electrical service capacity to serve new loads exists and is in compliance with all applicable codes. Additional services will be performed upon receipt of written autfiorization, and billed on a time and materials basis at our current hourly rates as follows: Principal $90.00 per hCur Senior Engineer $85.00 per hour Engineer $80.00 per hour Designer $85.00 per hour CAD Technician $50.00 per hour Clerical, $40.00 per hour Deliverables will include one (1) reproducible drawing set for 75% and 95% design reviews, and one (1) reproducible set of professionally sealed and signed drawings with technical specifications for electrical sub-contractor bidding purposes.. Our expenses are estimated at $100.00, which will be billed separately and charged as follows: 24" x 3W Plotter Bond $2.25/sheet 12" x 1W Plotter Bond $2.00/sheet SW x 111 Plotter Bond $1.75/sheet 24!x 98' Bluelines sll 2waheet SIA' x 11' Photocopying $0.15/sheet Meage $0.301mile Pion-stop Messenger Service $35.00/delive Long Distance Teleptwns $02Wminute Business-to-Business Messenger Service $20.001derrv® Other Direct Project Expenses Our Cost 4- 10% We will invoice once monthly with payment terms net thirty (30) days. Thank you for your consideration. If this proposal meets with your approval, please sign and rmm one copy for our files. f S1 rely, 0Z Cun , P Curxtiff Engineering, Inc. Accepted: CLC:lk Date, - Erdav" 8005 B.W. Cron R4e4. qLMq 204. oVrtuvsa. Ckmgcn 87 aD • 15CO207-l"38 • P^X °SflOM0743010 .FROM : ACCIPIO INC. PHONE NO. 503 652 9652 Aug. 02 2000 09:17AM P7 Aug. 1. 2000 1:57PM CUNDIFF ENGINEERING No-6038 P. 2/2 Curx94f EnCkxinp, Inc. T{gerd R.ollae Depnrbnent August t. 2000 Mec}►®nieal Roof Top Unit Rrtptacetnwd ID Mann Work Mmotda Reao~_r Initiate 1 Detailed Becbical Engineering scopm Smvtossr 30 bra 016 2 t7e>z6gn: 2Q tics 0% 3 Site visit to gather existing data 3 hro D% S 4 Prepare branch circuit power floor Mam 6 tva 0% CT,Dsgr s load erd brairh chcult crA!2 dali~r+s. 2 his 0% Osgr 6 Coo(dWidon maid tmiew doammts. 9 hrs 0% Enp,Dsgf,CT 7 Techrk l spocifications. 8 firs 0% CIr.Dsar e Adrninlatratlon. 2 hrs 0% Eng,gr 9 Blddlrrg: s sus 0% tG Tmchricol asalstwwo. 1 hr 0% Dagr 11 Prepare addenda. 2 his o96 Osgrgf 12 Adrttlndetradon. 2 hrs 0% Eng,Rlr 13 construction: 9 firs 0% 14 Shop drawing roVear. 3 sirs 0% Oegr.Otr 15 Tedvdcal assisunce. 4 bra 0% Dsgr Admlrkgfttlon. 2his o76 Eng,Ctr Tigar4 Police Feo pro*at2.mpp Page • 1 Police Department Hvac Replacement Addendum's Addendum #1 The original Scope of Service was identified as replacing two rooftop FIVAC units, modifying or replacing the air distribution system, and to replace controls. The value of the scope of service was $14,325.00. Since the original scope of service did not include time allocated for preparing construction cost estimates an amendment was provided by Accipio for providing this service at a cost of $1,410.00. Addendum #2 In December of 2000 we received a letter from Accipio identifying three areas for additional service that were not included in the original scope of services. The first additional service description informing us that the existing emergency generator at the Police Department would be overloaded when the existing HVAC equipment was replaced with new equipment. To provide the service for mechanical and electrical design for the unloading of the emergency generator was valued at $3,300.00. This work included calculation, coordination, consultation, and revisions to drawings and specifications. Addendum #3 Also identified in the December letter was a quote for providing mechanical, electrical, architectural and structural design for make up air units to serve the locker rooms. The value of this work was quoted at $4,450.00. This work was not included in the original scope of services as it was not determined at that time to be required. During the course of investigating the HVAC system the consultant deemed it necessary to separate the men's and women's locker rooms from the main HVAC system and give the locker rooms their own system. The reason being that with the existing HVAC configuration the HVAC unit wants to cool down the locker room when it is being used, yet the rest of the rooms on the same system are telling the unit to heat. By separating the rooms from the rest of the facilities and providing it with its own system, the overall building environment can be better controlled. Addendum #4 The third additional service description was for providing construction observation and reports. Initially the consultant did not believe that this would be necessary, but as he further identified the needs of the building and the City he strongly recommended that we include this in their scope of services for the amount of $12,985.00. Addendum #5 Later in December staff requested that Accipio prepare specifications for the HVAC equipment to be installed. The purpose of this was to try to expedite the equipment arriving prior to the project start date, as well as save the cost of the contractor's markup. The value of the additional service was $4,395.00. s AGENDA ITEM No. 12 Date: April 10, 2001 TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: uonsider Ordinance muft i r the i Economic Improvement District Due to Time Constraints City Council May Impose A Time Limit on Testimony I:1ADM\GREEMCSIGNURPH TESTMNY UPDATED 6-13.DOC e AGENDA ITEM No. 12 PLEASE PRINT Proponent - (Speaking In Favor O onent - S eakin 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, ddress & 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. AGENDA ITEM # FOR AGENDA OF Auril 10.2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Economic Im rovement District Enabling Ordinance PREPARED BY: Jim Hend[a DEPT HEAD OK /OWY MGR OK C WyV ISSUE BEFORE THE COUNCIL Adoption of an ordinance, amending Title 13 of the Tigard Municipal Code by the addition of a new chapter 13.12, which establishes procedures for the creation on an Economic Improvement District. STAFF RECOMMENDATION Staff recommends that Council approve an enabling ordinance, establishing procedures for the creation of an Economic Improvement District and direct staff to schedule necessary public hearings for Council's action on such a district. INFORMATION SUMMARY As Council is aware, the Tigard Central Business District Association (TCBDA) was formed in October of 1998. They were formed to promote the economic health and development of the Central Business District of Tigard. The City has provided financial support to TCBDA, funding membership and technical assistance from the Oregon Downtown Development Association (ODDA) and more recently paying for a part time Downtown Manager. One major goal that TCBDA has been working on this past year is developing stable funding to support their efforts. Successful downtown associations typically are supported from several sources, including property and business owners, and the local jurisdiction. State legislation was originally passed in 1985 and amended in 1989 and 1991 that enables downtown associations to fund the costs of their local revitalization efforts through the creation of Economic Improvement Districts (EID) and Business Improvement Districts (BID). The next step towards developing a stable funding source for the TCBDA is for Council to adopt an Economic Improvement District Enabling Ordinance. i a State legislation allows commercial or industrial districts to organize, establish programs, and fund those programs through self assessment or fees, after going through the process of review and approval by the local government. Nationally there are over 1000 downtown management districts in North America that are using EID-like funding mechanisms, with a majority of the associations managed by downtown associations like TCBDA. Similar districts s are found throughout Oregon. a a OTHER ALTERNATIVES CONSIDERED Take no action. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life/Downtown, Goal #1 - Provide opportunities to work proactively with Central Business District (CBD) businesses and property owners and citizens of Tigard to set the course for the future of the central downtown area; Strategy #1 - Tigard's CBD: Be Proactive; Action Plans - Explore options: Outside expertise (i.e., Economic Dev. Dir., Livable Oregon). ATTACHMENT LIST Ordinance Memo from Jim Hendryx The EIDBID Handbook Poweipoint presentation given to the CIT on March 1, 2001 FISCAL NOTES Community Development has $50,000 approved in the 2000/01 budget for consultant services to assist in preparation of downtown planning. Funding for the part-time Downtown Manager and contracting with ODDA are included in this amount. Out of the $50,000 budgeted, Council has authorized $35,860 for the part time Downtown Manager and incidental office expenses, contracting with ODDA, and banners for Main Street. To date, $24,883.26 has been spent for purchase of the banners, contracting with ODDA, and expenses for the Downtown Manager. Annual funding on approximately $30,000 will be necessary to support the Association. CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Mayor Griffith, City Council Members FROM: Jim Hendryx, Director of Community Development DATE: March 26, 2001 SUBJECT: Economic Improvement District Enabling Ordinance As Council is aware, the Tigard Central Business District Association (TCBDA) was formed in October of 1998. They were formed to promote the economic health and development of the Central Business District of Tigard. The City has provided financial support to TCBDA, funding membership and technical assistance from the Oregon Downtown Development Association (ODDA) and more recently paying for a part time Downtown Manager. One major goal that TCBDA has been working on this past year is developing stable funding to support their efforts. Successful downtown associations typically are supported from several sources, including property and business owners, and the local jurisdiction. State legislation was originally passed in 1985 and amended in 1989 and 1991 that enables downtown associations to fund the costs of their local revitalization efforts through the creation of Economic Improvement Districts (EID) and Business Improvement Districts (BID). The next step towards developing stable funding for the TCBDA is for Council to adopt an Economic Improvement District Enabling Ordinance. State legislation allows commercial or industrial districts to organize, establish programs, and fund that program through self assessment or fees, after going through the process of review and approval by the local government. Nationally there are over 1000 downtown management districts in North America that are using ElD-like funding mechanisms, with a majority managed by downtown associations like TCBDA. Similar districts are found throughout Oregon and include the following jurisdictions: Albany: EID Association of Portland Progress, Portland: BID Astoria: in process of reimplementing an expired EID/BID Baker City: EID/BID Canby: EID Corvallis: EID Cottage Grove: in process of creating an EID/BID Eugene: EID Forest Grove: in process of creating an EID Hawthorne District, Portland: in process of implementing an EID Joseph: EID Lloyd District, Portland: BID McMinnville: EID Roseburg: EID Tillamook: in process of creating an EID EID Defined An Economic Improvement District (EID) is a type of assessment district in which property owners choose to be assessed a fee, collected by the City, for use in promoting and improving the business area. The concept of the EID is similar to a LID (Local Improvement District). However, rather than funding streets, sidewalks and other capital improvements as an LID does, an EID is meant to fund the many non-physical projects of a revitalization program. These might include: business retention and recruitment, planning, promotion/marketing, maintenance and management. Guidelines and parameters of an EID • An EID may be an assessment on the value of the property or in may be a fee paid by property owners. The assessments cannot exceed 1 % of the total assessed value of properties within the district. • Only commercial properties may be assessed within the district. Prorating is required for mixed use properties containing residential uses. • EID assessments may not include property in residential use. • Virtually any assessment criteria may be used in an EID. Most common are: • Amount of square footage of the parcel. o Linear footage of the storefront. • Assessed or market values. • Assessment must be fair and equitable. • Maximum length of an EID is five years. • EID may be renewed indefinitely. • EID may be voluntary or involuntary. • The EID must be established through City Council process. • Two formal hearings are held by the City Council. • Written objections called remonstrance from owners of 33% of the property upon which the total amount of assessment is levied stops the EID process. • Failure of a property owner to pay an EID assessment generally results in a lien upon the property. BID defined A Business Improvement District (BID) is a type of assessment district in which business owners choose to be assessed a fee, collected on their behalf by the City, for the use in promoting and improving the business area. A BID can be combined with an EID for a more comprehensive funding mechanism for downtown revitalization projects. Guidelines and parameters of an BID • A BID assessment is a fee paid by business owners or it by be a surcharge upon businesses licenses. • Virtually any assessment criteria may be used. The most common are: • Number of employees. • Gross revenues. • BID may be perpetual or have a term limit. • BID may be renewed indefinitely. • BID may be voluntary or involuntary. • BID generally pays for downtown revitalization programs. • BID are established through City Council process. • Two formal hearings are held by the City Council • Written objections from owners of 33% or more of the business owners conducting business within the BID stops the BID process. • Failure to pay the BID fee generally results in a court judgement. The statutory language for both EID's and BID's provides for a great deal of flexibility, efficiency and predictability. The language is tailored to meet local needs. Eligible EID/BID projects • Planning or management of development or improvement activities including funding for a downtown manager, or technical assistance. • Landscaping or other maintenance of public areas including street furniture, or general public areas maintenance such as sidewalk sweeping. • Promotion of commercial activity or public events such as advertising and promotional materials, event decorations, performers, and other items in support of downtown wide sales, events, and festivals. • Activities in support of business recruitment and development such as marketing analysis, recruitment brochures, etc. • Improvements in parking systems or parking enforcement such as signs, enforcement, security, maintenance, and other management. Process for Creating an EID/BID First step In order to create an EID/BID the City Council must first approve the concept of an EID/BID before public hearings are held. This requires the City to first adopt an enabling ordinance, permitting the creation of assessment districts. Council is scheduled to consider the enabling ordinance for an EID/BID at the April 10, 2001 meeting. Second Step Following adoption of the enabling ordinance two public hearings are required. The purpose of the first public hearing is to announce the intentions of the City Council to undertake the economic improvement project and to assess benefited property for a part or all of the cost for such improvements. Public notice must be sent to all property and business owners advising of the hearing and explaining the EID/BID. This is the first forum where the whole community is able to provide public input on the EID/BID. ODDA recommends avoiding efforts to change the proposal drastically at the first hearing since most owners already know what to expect and changing the proposal may shake their confidence in the proposal as well as assessment amounts. The first public hearing is tentatively scheduled for June12, 2001. Third Step If Council approves the EID/BID proposal, then notice of the second public hearing with the proposed invoices are mailed to the owners which clearly state exactly what assessments will be. The two hearings must be at least 30 days apart. Written remonstrance letters are filed with the City opposing the EID/BID. The final count on the percentages of opposition takes place at or before the second hearing. The fate of an EID/BID rests in the outcome of the second hearing where according to the enabling ordinance, the City Council determines the final remonstrance rate. EID/BID opponents have their last opportunity to stop the process at this hearing. Thirty three percent (33%) remonstrance or more by either property owners or business owners stops the EID/BID respectively. If less than the required number of owners do not remonstrate in writing the City Council may enact the EID/BID immediately. The second public hearing is tentatively scheduled for July 24, 2001. Assessments Who mails and collects assessments for the EID/BID? TCBDA intends to have involuntary EID/BID assessments with the City acting as the billing and collection agent. Typically, jurisdictions offer this as in-kind service in addition to or in combination with other financial support to the EID/BID. However it is important for the City to fully understand its total commitment to the TCBDA. There are approximately 83 individual property owners representing 106 parcels and approximately 200 business owners within the proposed boundary of the EID/BID. Annual billing costs would be approximately $900 per year. Summary and Recommendation TCBDA was formed in 1998 to promote the economic health and development of the Central Business District of Tigard. The City has provided financial support to TCBDA. A continuing goal for the TCBDA is to obtain stable funding to support their efforts. The first step to create a funding source for the Association is for Council to adopt an enabling ordnance for the creation of an Economic Improvement District. Staff recommends that Council approve an enabling ordinance establishing procedures for the creation of an Economic Improvement District and direct staff to schedule necessary public hearings for Council's action on such a district. Dr. Brad Smith i i r r=s _ Introduction x J t7 , entral Business Dist ict Assoi c Central Business District Batt on _ DA).incorpordted on Octob r 19,:L22 Mission Statement: To set the course for the future of the central downtown area that will promote the health and viability of the community and businesses while preserving the unique qualities of downtown Tigard and providing a safe environment for families a dlvidttatq~' work, live and gather. Accomplishments 1 Accomplishments 1. rmation of TCBDA s ; ' q Trtn~anon of TCBDA , cN ♦ Increased ess of the importance of ..Lje Downtcii4 {+p Accompli§hriients - - onFoP,TCBDA_•n ' Y~ Ar~2iV~i2 ~ ~~:v l fJVU: n 1 I a.. f4~i81 C•, ;.e'Itiaeased. ess of the importance of i :•i Downto c_:w e' Beautifica own ie. Banners 8t Flags i s~. ~E 'I ~ ,.irt o n ` 77. Tigard Central Business District Association - Funding Proposal 1 Dr. Brad Smith Accomplishments i nion.of TCBDA o increaseq ess of the importance of Ayr ~'i •f ~ r"' ~ t • Bealltincanon* own ie. Banners M ` • I I r3 1! LET r u Flags _ > r' ♦ Successful Proinodon a+xivities m On I Accomplishments 1 Mo P a~t.l br Came see w aYa new in 51a Town lob of TCBDA tt Tigard. SaturdaLl September 30th from I0:00am-6:oopm ♦ Int7eased; ess of the importance of Free side walk art chalk 5a) Downtown' chalk Pvsllsble W Soalhing Momanla 1* 1 2448 Me Mslr, ♦ BeautifiCad own ie. Banners Bt FaBai oonsn9 FIag3:'',`T Great restaurants a Music ♦ Successful Promotion auividei' * and much more... 5pcmv,1d 6y fM1. KP^d C-',•..I Br:.Y+ws 9Mrk! 4roU.Non w~ . SldewaOc;Sale yow b[.1 m. tim.n MWw.Nf ' fm mnr. Mlgm.lbn WI . Ion 6!1]•9999 . • P.nnY 479-4165 . 9 \ rte( Accomplishments r~" ~ {r1 ~ o'~ on of TCBDA • Increaiz ess of the importance of -4 a /f t{'i @ Cdg 'P11 Dotw6n , . xl~e ac~c6~r'3y e Beaudfica own ie. Banners 8t " Flagszl~- 3 3Q6'►'''-5?34W~" 1 i✓ ♦ Sliecescfttl PromotbtaaMtles' eu.. J w LT ~IL»v O: Sldewalk.Sal@ f i .I 4- t c..Li rJ w Lrulwlm ' ' .r4 ' Y r s oF.r.J.iY ny,rJc M Ig d .rrJWN.r Mr rw n:: i~~ i Haf loween r i r 1 ~f f I r ~J r~u JwI J .mt M raluMt }it j~d 3 a Tigard Central Business District Association - Funding Proposal 2 • v Dr. Brad Smith ?.A i 1 ~.1 Accomplishments ti n o{.TCBDA~ 4,,,x,~y yk • Increas. ess of the importance of Downtown, F ♦ 8eauilflcasl~ s ry ; y- *-r own ie. Banners 8L • SuccessRutFiomotion~acc[4i`tfes~~ rte.. T f~ • SlQervatfc Sate T • Halloween • Christmas Tree fighting :Y.t~s..c!~~io6iF~r~.dtst:."a.§• ~ s ~ s > s a 9hL UL .vs, 1r a~~ei,:' Ttl,N1 L•94~A1~'r.~'r{ •pLNOS;, l,i 4; 44STHEZ11611 rl*Yr at it 1L' t i ~ :~y,~ wi~i7t'iY,,y ^r r t t t 1. r r f yj Ir r r~ y ~ - z~ ✓};'si'2~ay.~h ~ ~ ~ U' ~"a•Y''~`' . Tigard Central Business District Association - Funding Proposal 3 Dr. Brad Smith - - - nowntown business group hires first manager 1"ccomplishments -.co 4nu - o' Hiring wn Manager Wadman: The association's goals are called ambitious'.but doable l~~r ~r x, ~jrse Fe`.+r a~ .5vv',; .~r. _ _ _ ~ - 77- < -9 lr~- j Y t i tk, ccomplishments co nee~~ ~in'rwt>.»..._... ~ ti~~,• ~.Cii,:' f 1i ' at a/' J-C ~t 't~. ~ • ~ ~ ♦ Ntriitq-ti wn Manager N j ii r~ i"• ~ S vpw' ti e Spedst`; (Resource Team)' -14111 uture,~aDowntown 7j'i~c ark . ' 21 > ?igard St . wy e' t.Tigard 5t.' j y - 7` 1 StatT ~1 x- %'f%{t;K'~.r c\t'"4'; ! .mot ~~.i. ~ A ~",~r ti"±aflt S~ \T „ r aiR SL Y- ~!C` 4.. / S"t iP ° • x 4./ i'~ fi" ti : Y FY a tot s y. ~jy~F 9 ~S .Strom C'° ryt ,'t ~yyvy9P`'+ `T+.W t •A. ~ ~ x~y+ 3 r 7 Y~ . sU ,rJ S r ~terdai ~~jEBo~.\ merdatf N' r lh: . \ i r ~M xf ~ E> _ - \ ~ t ' r Cj'4!r r1~ r'.~,,, ~ ~'e ~ 1 e=~ . \~{'r ill '"'Sr F :.Y" ,~.p •~~?[T~" r .1f ~~`a "'..4 \ n: d it 7 ~ c ? ..1' ~ f +'h'/ .x.•' 1. +r. t'ti'y i ~ Y t i, r` utu~ o y Qowntown Ti uturelrb1s fi~Dowttto~rn a~ , L Tigard Central Business District Association - Funding Proposal 4 MEN INS Dr. Brad Smith Mail Stadoq., fig t>Rail Station,; ° w¢'-r - ~ y , • ' ' ::f~ err Ms n Main St Main St ,y~y ~f , / f 7 l~ f New Parking r,. i .e New Parking f t:: >•.tiCo merdat New Library r `A ~~i Ifs ~ / ''l~A~.~1 l ~ .r ~ 4 . r ^ t Btirnhagt;St. c , i g bRall Stat oql Funding Sources w. Main St y t,r~c w, 9 New Parking `•Cottimerdal' y% l New Library 1; ry3...4 ~ : r v~ Y^e'~~ }F~~ Y~' Gt ti .y •~Y•.~i 3. dal Turn Around ,I X7!.7` ';rr Burnha ~St.:. a Funding Sources Funding Sources ~ ,h 4 t L '14 1 F?Igard_ Tigard Al, s 7g "v r~ X~a~rl)~ TCBD.'~l.}+ fry3µa4? i4 1' ~o iv Tigard Central Business District 5 Association - Funding Proposal ~ IM Dr. Brad Smith Funding Sources Funding Sources 1 of Tlgatd ` . ,t~ f Tigard '•A I ~ r ~i 19 =n p T C B D A. T.C B D ..Triangle of to ' Funding Methods Funding Methods -EID v+ $ ~rt Improvement District ID) lion programs typically dude lc ID i~4 men[ district in ws uh F -'Property? rs choose to be 'S rsi` , `~.-htt. I rr . I I S F i f 1 d • Fand t►op-®hYstc i'capt r r E" r • - improvement prolecfs of a ' 1,3~*' ~f a • I reviWhadon program , ;,a rb ; , r Z I ll _ la I ET Funding Methods EID Funding Methods A"I lion programs typically' dudes: ot~Qrogratns typiwlf~r y d' busidess"r ntion .`busln ntion \ r r^aE • 6psin enc ;7a~3Y7 r r'Py~+ F~ ~~5~ Ana 3f4"r~ r„~ r.ti+ 1"a ? Yr +s~~ i1 Y k1 19~ b i S n ~ _ - h f~R.hk~V a`y ~tl.a~ V y f f~rurM 45 i I ' J I k.Y1~~i''.-ir ,'~'+r}a 1 t' try nF eta f:+ ~fi ~iT,~ v.i 35 ) !y. (Y '?7t aC2.. .~y~ .is$y'~•..`k-'^.:£`.)ti~ r 76 Tigard Central Business District Association - Funding Proposal 6 Dr. Brad Smith Funding Methods - EID 1 Funding Methods - EID r ~ taOzation programs typically dudes iration programs typically clttde w • business r, ntion ♦ business ( ntion t • buslne3a en[ ♦ buslnets en[ • prolek4V anning and • prOJectanning and eiriem Unplemvtn IMP! -ti tip- • protirotio>; Ktiry ],,yam} ~y -r y4]r 4 C. 4'f•~It .fi~T\Ir%tY ~t'"NJt .Ny Y~' z.sl l] IB Funding Methods - EID 1 Funding Methods - EID 1 x v 6.4 tallsatlon programs typically idude Nation programs typically chide ♦ busln" r ndon In ntion ♦ busines en[ %busin ent p: • project! anning and proJoct'', arming and implemeu.. impleaie Icr. ♦ promotiQ + promot( ♦ maigtP ♦ maln'tenamt'a s I. i:t A • IndnaBememtA' MTV ~il"tYS'~ S I`v4 " °j Funding Methods EID Winding-Met~ds - EID talizetlonyprograms typicaliy1ndude:t[onrogramsrcyptealiy 'dttde:• • bus In ntion \ ♦ 6usin ntion • bustnessr en[ ♦ 6usin~z ent • -prof et fadJ) anning and • pro)ec^ anning and implemen iuepiem c +ans:~.~i e: promod • Drc y 1~ t ♦ ittat®ter1~1 O managententN) ~~ex, Yi., ±it.f . .9., .!t.,( - r ~ti 5 sL ` '3 ♦ newsletters 1 2 • nCWSIect@r5 t' ♦ design assistance t Tigard Central Business District Association - Funding Prop.-sal 7 Dr. Brad Smith Funding Methods - EID Funding Methods - EID I\ b,combined with a Bust esse combined with a Bus ess?} em D1sMct (61D) - = em Distrkt (B1D) Combhiatt` es comprehensive i. ;Cem6~itad es comprehensive w ak fundiagai tun~titg:.m ♦ Maxlmtini ! D is five years l iMaximi D is five years ♦ Volun'"tiny`. l i ♦ VOf ; ho ~ a"~ ~ } fo ,,rurally-~ mat ~33~ ~ E M E-? i" r.~ , i ♦ ImrOI pail gMOQgry 0 . district.pacses regardless o individual "remonitraticc Funding Methods BID f uing Methods 2;_"" tuJnnss Improvement District µ11 s- x x blished through City Cotmdl .fir" ~ ♦ 339b4o~; ons of the vahie,of,_t~i ID Q h protesi'~ ~ .'r' "'i3~d.r t ~Y ~Caw.i tr a oaf ~qY ~ `~y ~ ^k] fr~ e. rr ♦ Failure [o flay EID fee results i ey ~t 5 r~ :y fia ` as 46 - - - Funding Methods - BID ----_-Funding M_etho sd - B16- i - 77- y 6s' rT,~. / 1 'Et " ,tom aess Improvement District (B'D) rl improvement District (B ) $ • !D„assessment district D whFre; sassessmeoc distrla,ts v~rh y Businesses ners choose to be assessed >$nsitl' ners choose to be assessedi a fes" a fee e BID' ith an EID for :f\ c cotnjW ' chanism ~rr"p i BID _ess~~+Qwn is ty~'a~~~+2~ ~~~+"t"ij~ 9r• ~e~? _ ~ { SIRCfIalCeQis+Wlt~fiIIf~neSStaX ~ & ' x 3- Tigard Central Business District Association - Funding Proposal 8 Dr. Brad Smith `I Funding Methods - BID Funding Methods BID - ~1~ be perpetual or have a term, his~ybe perpetual or have a t e BID may_~ ntary or involuntary ♦ BiD.niay ntary or involuntary j ♦ BID pays S1 evitalization i Woor ?s' rat T' # w , 'tar • BID cait'tnY,fo,°4~ am f~'' Y= >,y , ~ =y improvemevttprojects~ ~ ~i` zit i BID estab0aIt throe CI 1Coundl Bh... tY process so Funding Methods : :,.Other Funding Methods ♦ Failure fee results in court ludsewen `M ♦ 33% off( 4 ons stops 1. k. BID prose 4 ~`~"r~4 ~ : ~.5. " 1'~X't'LJ`,.~, T,~~''`tdt ° a ~ Z t•:.~ ti. F Proposed Program >J, > 4Proposed Budget' ~parE thne positions Down y."". and ad alive support F a<;y \ ♦ Pro* essi"` ante from ODDA .l+ s Flower basil i Promotlo sale, Halloween, s„ i Chtistt>ttt t? Mrs r ♦ Clean aad)s~de acs as j 1 M'C wy C7 ~b 1 yL jj ~r j s $treetswROAmenitles.,~;3t ~ r r t,,,., S )M 41 tlY Tigard Central Business District Association - Funding Proposal 9 Dr. Brad Smith Monthly 1 Yearly ` f 41ooa 000.00 Assessments- income f J 4!d 67t ~ fa(ariet • ~esnnents - 526,667: w SO!l.o0 S ♦1' 877 t On Ma FJOSP0.00 M1alu,S eer-- Sweet s JJl.d7 r $118 savkrr.;,`$ 0.00 • 0. "y §152 D4rrI9n Et ' 3: f 250.00 4 Sewt,Y&,rclavl` t ~ o.26-. 0 $ zso.oo 5186 + I S41.dd r, Pronmdonf $ T f ♦ $2913 "~r 4 ~fi w; ~ Condnsrnn' 5 so0Da0d ~f..,y~' '.r - • 0.76.;",.1 0 Ades cr §320 y 90,30000 4T. 1 §410 Total . 1.1 - 2.0 Aces d 3451, sa ss Assessments - Income contind d Assessments - Income menu • §26,667 9 o 140 35 . ._...,5.8,000 r business, • Membcrshlq~ s $ 2,500 ~1> ♦ Gtyyof>t 26,667 r 6,667 *ub ♦"ElD'A 67 ♦ BID_ Total luwmeN , ,r 590,5 c r S7 Conclusions - x f VA. -l ~ZJ t1 . ~ unding k critical tp.' e , . 1, the downtown cal to hest w success o pableJ ndtng is criti A and A and the downtown success.:4f .C: A;u~n?bl g mechanisms are A eotnbina g mechanisms are Ax new necess~r Y ~ : 1 1 ~ ,4 , r • 9rut3r . ` 1® Tigard Central Business District Association - Funding Proposal Dr. Brad Smith Next Steps Next Steps e'Fotui'groupr tings with key business and • Fotats;'ar4q tings with key business and proD?tYo o?) proper tY», F; L! ♦ Refine tied' gram as necessary . I Next Steps Next Steps e Focut group tings with key business and ♦ Foc ui,grou • tings with key business and property,; o?) property".o o?) f. e Refitie'6dg gram as necessary e. Refine bud, ogram as necessary s support - all a Update;Ci support - all Update Cl fjr Board Board 1M tnt n F T e City Caul In$ * durance 4J tar a. t~`y ,~~a.tl:.,•,,, . , 6l 64 yam r Next Steps` Next Steps, e Focus group rings with key business and a Focal gro tings with key business a d prop Pro 0. e Refine,biad ogram as necessary s;ttefine;b gram as necessary s Update:Ci upport - all a Update upport - all Board M „Board e city;Coun sub • 2nabtinj; mance ♦ City.Co mance un 4 e city Coundf h`earlnes' t'z1"; s` a City Cod earitt~. y , ,7 < e Passage;of E1D/BlD and wa ~ Ra Lei, ' ~ downtown project prograatming , ~ ` Tigard Central Business District Association - Funding Proposal Dr. Brad Smith N-A TCBDA is world hard Ina rtnership Questions. the commun and city let own Tiga prosper. u ar Tigard Central Business District Association - Funding Proposal 12 a4•+r k~ tYj• OJ ~"4'V 'i l; r.4~•, 1ib' 7e :4'r+inG>,.~~-. ~7•/ir'.4;L.:I.j~:.:1'14G ..al iC~w rYP7, .f1.1' '}ri'r') •Ia INNe-p'yiy j{til '.~f r.1Pff 1FY4:•~•'yi ',B°,.f,<'r{~h±Y~'ribi~~~`~yh~k",k•pt;~,,~';'rv~•4. ~rrf.,~ r,~:°'b~';fFK~1rj:.4, .>tS+..X~'~%5... :~l ~7. .,r, ,u~c',r. ..I. .E... 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Yt... ..ti .•~'f 't t.. ra tify •t ...I .4. . ~ a 7': c: t':~'r ~a • t . r 'T Y T BACKGROUND INTENDED AUDIENCE Since 1982, the Oregon Downtown This handbook is designed to be a Development Association (ODDA) has practical guide to help establish an EID or been providing tools and technical assis- BID to fund a downtown revitalization tance to communities in their efforts to program. It is meant to be used by a steer- rebuild their downtowns and older com- ing committee made up of local citizens ® mercial districts. who act methodically and in collaboration 1b However, downtown revitalization with fellow stakeholders to create a lb efforts historically have lacked secure district funding mechanism. It provides a funding. Valuable volunteer energy has reasonable timetable and workplan for had to focus on fundraising to continue re- passing an EID/BID. This handbook ® vitalization progress. To help communities provides a checklist of activities that sup- focus their efforts on actual revitalization port successful passage and tips to avoid projects, ODDA successfully sponsored pitfalls that may lead to failure. legislation that enables downtowns to fund the costs of their local revitalization efforts TRENDS RELATING TO through the creation of Economic Im- MANAGEMENT DISTRICTS provement Districts and Business Im- According to survey results by the t® provement Districts. The legislation was International Downtown Association, originally passed in 1985 and was success- there are over 1000 downtown manage- fully amended, in 1989 and 1991, for ment districts in North America that are renewal and revision of the enabling using EID-like funding mechanisms. In ordinance. the United States there are between 500 - 4 This law allows commercial or 800 of these districts that are managed by industrial districts to organize, establish a downtown associations. There are numer- program, and fund that program through a ous others that are self assessment, or fee, after going through implemented through a`.. the process of review and approval by the the local governments. city. Downtown management districts are growing in popularity and number. OREGON DOWNTOWN DEVELOPMENT ASSOCIATION j 9ft L_ ME Ask 1 1 EID/BID TIMELINE STEPS OVERVIEW Month 1 1) EID/BID Committee. Form an EIDBID Committee or advisory group to prepare the initial plans for the proposed district. Month 2 2) EID Proposal. Prepare the initial EIDBID Proposal including plans, bounda- ries and estimated assessments. Months 2-10 3) Gather Support. Begin to inform and educate owners in the proposed district about the EIDBID. This outreach continues throughout the rest of the process. Months 3-5 4) Enabling Ordinance. Establish an "enabling ordinance" that permits EIDs/ BIDS to be created in your city. This will need a City Council Hearing in order to move forward. Months 4-7 5) First City Council Public Hearing. 0 Call for the first formal City Council Hearing to consider the specific EID/ BID Proposal. 0 Affected business and/or property owners are notified of the EIDBID Pro- posal and first City Council Hearing. 0 Affected business and/or property owners are required to have at least 30 days notice of the Hearing. 0 At the Public Hearing, the City Council evaluates all aspects of the EID/ BID. The Council may change any part of the EIDBID Proposal at this Hearing. Months 7-10 6) Second City Council Public Hearing 0 Affected business and/or property owners are notified of their proposed assessment and second City Council Hearing. 0 Affected business and/or property owners are required to have at least 30 days notification of the Hearing. 0 Owners may appeal or object to their assessments during this 30 day period. o The assessment appeals, or objections, must be in writing and be sent to the M City. 0 At the Hearing, the Council may adopt, correct, revise or modify the proposed assessments. If the objections are less than the remonstrance threshold (33%), the Council may approve the EIDBID. a 0 If the Council increases any assessments, the City must re-advertise and hold a Hearing pertaining to this increase. 0 If approved, the Council then finalizes the amount of the individual assess- ments and establishes the payment procedure. OREGON DOWNTOWN DEVELOPMENT ASSOCIATION u IIJ01li119CEYP0 ~gpgp [E11v__)-S/B1DS EXPLAINED EID DEFINED An Economic Improvement District is a type of assessment district in which property owners choose to be assessed a fee, collected on their behalf by the City, for use in pro- moting and improving the business area. The concept of the EID is similar to a LID (Local Improvement District). However, rather than funding streets, sidewalks and other capital improvements as an LID does, an EID is meant to fund the many non-physical projects of a revitalization program. These might include: business retention and recruit- ment, planning, promotion 1 marketing, maintenance and management. An EID may be combined with an Business Improvement District to create a more comprehensive fund- ing mechanism for downtown revitalization projects. Following are the guidelines and parameters of an Economic Improvement District: • An EID may be an assessment on the value of the property, or it may be a fee paid by property owners In EIDs funded by the property assessment method the assessments cannot exceed I% of the total assessed value of property within the proposed district. • Only commercial properties may be assessed within the district The assessment for commercial buildings containing residences must be prorated to exclude the portion used for residential purposes. • EID assessments may not include property in residential use Virtually any assessment criteria may be used in an EID The most common EID assessment criteria are: 1. Amount of square footage of the parcel 2. Linear footage of the storefront 3.' Assessed or market value, of the building not to exceed one percent of the total assessed value The assessment must be fair and equitable • The maximum length of an EID is five years • The EID may be renewed indefinitely • The EID may be voluntary or involuntary Voluntary means that a property owner that formally objects to the EID is not obligated to pay the assessment. Involuntary means that if the EID passes, all property owners are obligated to pay. A property owner may petition to be added to an EID. • EIDs generally pay for downtown revitalization programs The EID cannot pay for large capital improvement projects ® The EID must be established through City Council process OREGON DOWNTOWN DEVELOPMENT AssocIATION ] Two formal hearings are held by the City Council. Written objections, called remonstrances, from owners of 33% or more of the property upon which the total amount of assessment is levied stops the EID process. ® Failure of a property owner to pay an EM assessment generally results in a lien upon the property The beauty of the EID statutory language lies in its flexibility, efficiency and pre- dictability. The following decisions about the EIID are made locally and are tailored to each district's specific needs and issues: 9 ® District boundaries I a Assessment formula o The budget 6 The program BID DEFINED A Business Improvement District is a type of assessment district in which y business owners choose to be assessed a fee, collected on their behalf by the City, for use in promoting and improving the business area. A BID can be combined with an EID for a more comprehensive funding mechanism for downtown revitalization projects. Following are the guidelines and parameters of a BID: a A BID assessment is a fee paid by business owners or it may be a surcharge upon business licenses e Virtually any assessment criteria may be used The most common assessment criteria are: Number of employees Gross revenues The BID may be perpetual or have a term limit e The BID may be renewed indefinitely o The BID may be voluntary or involuntary Voluntary means that a business owner that formally objects to the BID is not obligated to pay the assessment Involuntary means that if the BID passes, all business owners are H obligated to pay. A business may petition to be added to the BID. e The BID generally pays for downtown revitalization programs F The BID cannot pay for large capital projects d o BIDs are established through City Council process Two formal hearings are held by the City Council. Written objections from owners of 33% or more of the business owners conducting business within the BID stops the process. a o Failure to pay the BID fee generally results in a court judgment 2 OREGON DOWNTOWN DEVELOPMENT ASSOCIATION Again, the beauty of the enabling statute lies in its flexibility, efficiency and pre- dictability. The following decisions about the BID are made locally and are tailored to each district's specific needs and issues: • District boundaries e Assessment formula • The budget • The program ELIGIBLE EID/BID PROJECTS Eligible projects that may be funded through an EID/BID district include: • The planning or management of development or improvement activities. Included in this category are basic planning and personnel expenses, such as funding for a downtown manager, or technical assistance such, as that provided by ODDA consultants. • Landscaping or other maintenance of public areas. This includes landscape planting and maintenance, street furniture mainte- nance, or general public area maintenance such as sidewalk sweeping. 4 • Promotion of commercial activity or public events. EID/BID funding can be used to pay for advertising and promotion materials, event decorations, performers, and other items in support of downtown-wide I sales, community events, and festivals. The marketing program should be de- signed to promote business throughout the district area. • Activities in support of business recruitment and development. EID/BID funds can be used for personnel and the miscellaneous expenses of conducting a market analysis, creating a recruitment brochure, printing ex- penses, and implementing a business prospect contact program, etc. a H H • Improvements in parking systems or parking enforcement. cry EIDs/BIDs can be used for minor, non-capital parking improvements such as N signs, enforcement, security, maintenance, and other management (including planning). Local improvement or parking management districts (LIDs) must be used for major capital projects such as new lots or structures. r~ W a 0 REGON DOWNTOWN DEVELOPMENT ASSOCIATION 3 EXAMPLES OF EID/BID DISTRICT SERVICES ® Events and Activity Programming Following are examples of the types Managing public spaces of services that EIDs/BIDs commonly un- Sponsoring events and festivals dertake to improve the district: Sponsoring retail promotion events • Advocacy Planning and managing arts Research and planning districts ® Vending Programs/Public Markets Establishing policy on redevelop- ment, zoning, parking Developing ordinances • Organization Managing street vending Strengthening and organizing the Planning and organizing farmers' markets private sector as participants • Informing and Promoting Developing consensus on issues Marketing and advertising • Supplementing City Services Communications, public relations providing additional security • Addressing Social Needs officers Homeless/employment, shelters Coordinating public and private Daycare/youth programs ' security Supporting mounted/bicycle Alcohol and drug programs patrols ® Improving Access and Mobility 1 Sweeping and cleaning Developing transportation policy Snow removal Developing and managing parking Maintaining amenities -parks, facilities 1 flowers, restrooms Employee%mployer transportation 1 • Physical Improvement & Development management 1 Streetscape Establishing and managing public Signage transit 1 Banners 1 Lighting 1 Loan/grant programs 1 Design assistance Buying, renovating property i • Business Retention, Recruitment and 1 Leasing 5l~oQ Business assistance 1 Market analysis 1 Developing retention and recruitment 1 programs 1 Developing leasing plans 1 f Q 4 OREGON DOWNTOWN DEVELOPMENT ASSOCIATION 6 P ADVANTAGES OF AN However, the method EID/BID must be fair and r70-1 + Stable, Secure ]Funding. The most equitable. r-M To obvious benefit of an EIDBID is stable, The community secure funding. With an EIDBID, a new may also choose than ne organization is able to begin its work with- plement more than one out immediate financing worries. An es- fund>.ng mechanism. tablished program can spend more time For example, the district working on projects. Fundraising has a could have a property limited life span and drains energy that assessment and a busi- should go into the actual work of revitali•- ness license surcharge. nation. Also, EIDBID assessments are Equity in Cost Distribution. A generally collected by the city, providing successful downtown revitalization pro- timely collection procedures, predictable revenue and enforcement ability. gram, with strong design, economic devel- Secure funding lets the community opment and promotion elements benefits will function everyone in the business district whether know that an organization they for at least the time specified by the EID/ are paying for it or not. In downtown BID, which can be up to five years. This programs funded primarily by donations and memberships, security, confidence, and self- often a few pay for a re- reliance and can assist in program devel- opment, partnerships with other organiza- Communities can choose an EID fiinding tions, and the ability to attract new volun- method where everyone in the district who teers for board and project participation. benefits, also pays. An EID can be the Downtown organizations that have most equitable funding and also the least EIDBID funding share a sense of stability expensive per participant, since the fund- and self-reliance. ing can be spread among a large number of beneficiaries. Flexibility. The beauty of the EID/ BID statute lies in its flexibility, permit- Controlled by Participants. The downtown organizations to create EID ciation statute specifies that an existing asso- ting EIDsBIDs tailored to their specific needs. of property owners and tenants The district boundaries, budget, may enter into an agreement with the City program to provide the proposed economic im- and assessment formula are all determined locally. EIDsBIDs fund both new and provement. Communities that have en- older downtown organizations. acted EIDs have specified in then- ordi- Assessment methods and levels nances that the downtown organization vary and depending on the funding was to receive the funds, thus providing oversight and decision-making power to method chosen, could be based on square the footage, property value, or other criteria. owners who pay the assessment. OREGON DOWNTOWN DEVELOPMENT ASSOCIATION S Increased Onanizational Effec- Owners or property representatives, such tiveness. The EID enhances a downtown as a bank manager, may join the down- organization's standing in the community. town team because they are now investors. i By passing an EID, which requires dem- It is much easier to attract quality staff to i onstrated support from at least 66% of the an organization with secure funding than 4 constituents, the downtown group shows for an organization that is continually that its mission has broad support. People scraping by. 1 take EID-supported organizations seri- 1 ously. Increased Competitive Ability. Other community groups recognize To stay competitive, downtown business 1 the organization's capacity to accomplish and property owners need to reinvest in 4 tasks. The ability to pass an EID demon- their district. Shopping mall tenants pay / strates the group's capacity and effective- fees over and above their rent. Their fees 4 ness, especially in communities that ordi- pay to keep the center clean, safe, pro- 4 narily don't pass assessments. "We are moted, and fully leased. These fees are 4 seen as the `can do' group in the commu- considered part of the cost of doing busi- i nity," stated one downtown volunteer. ness in the mall. Undependable and inade- quate downtown association membership Lone Term Program Develop- fees cannot provide the dependable fund- ment. A number of downtown revitaliza- ing needed to support an aggressive, pro- tion projects, including property redevel- fessional, business-like program. 9 opment, capital improvements planning 0 and implementation, and special events FUNDING MECHANISMS benefit from the multi-year funding stabil- BEYOND THE STATE ENABLING ity of an EID. The organization may be ORDINANCE able to risk getting directly involved in Three cities in Oregon have Man- property assembly and/or development, or agement Services Districts that are not I be perceived as a worthy partner because connected to the state's enabling legisla- F it has the time to complete and fully par- tion. Each of these cities found it easier to ticipate in the project. A promotional cal- create their district through their local City endar may be mapped with more certainty Charters rather than through the existing knowing "that the show will go on." Or- state statute. ganizations with short term funding may Eugene has a local ordinance in 41 be more likely to favor short term projects place creating a Special Downtown Serv- 01 and not work on the fundamental changes ices District. In 1998, $203,000 was 41 that take years of commitment and consis- raised using a formula based on occupied 0 tent work to accomplish. square footage in the inner and outer 0 downtown districts, with a different rate Attracts Better Program Mem- for basements. Property owners in the in- 0 bers. With an EID in place, the organiza- ner district must pay $0.12/sgft; those in 0 tion may find increased volunteer interest. 0 4t 6 OREGON DOWNTOWN DEVELOPMENT ASSOCIATION the outer district must pay $0.08/sgft, next one hundred properties. The program while property owners with basements pay ailows for special circumstances, such as a $0.04/sgft. The ordinance is subject to significant increase or decrease in the use approval every three years. While a recor- of property. In 1998, $2.8 million was ® dation of remonstrance is not required by raised for Downtown Clean & Safe activi- ® the ordinance, Downtown Eugene, Inc. ties through these fees. The rate of collec- demonstrated overwhelming support for tion was 98%. Every three years the dis- ® the Special Downtown Services District trict needs approval from the City Council. ® during the first approval process in 1994. In the last approval process, the remon- The City of Portland's License Fee strance rate was only 6%. ® Authority does not have any constraints The Salem Downtown Association ® and there is not a standard number of has an annual income of $329,000 from ® remonstrances needed to stop the process. their district funding mechanism. The dis- However, the Association for Portland trict fees are based on membership dues, Progress (APP) goes into City Council in and a contract with the City Parking each approval process with 2/3 of their Board. The Parking Board revenue is district funders signed on as a strong show based upon approval of a proposal submit- of support for the district. ADP's Clean & ted by the Salem Downtown Association Safe District has been in place since 1988. on a yearly basis. ® Through this program, APP provides ® guides, patrol officers, maintenance crews IMPACTS OF BALLOT as well as business development services MEASURES 47/50 ® for the downtown district. Fees in the In 1996 voters passed Ballot Meas- Clean & Safe District are paid by manag- ~ ure 47 to "cut and cap" ad valorem prop- ers of business or residential properties erty taxes. Due to problems with the meas- who are defined as the people who pay for ure, it was replaced in 1997 by Ballot water service. The fee structure is ~ designed so that properties with the great- Measure 50, which contains the same "cut est need for services pay the most. The and cap" provisions. complex fee formula is as follows: Ballot Measure 50 requires a reduc- $0.87/$1000 of 1993-94 assessed tion in ad valorem property taxes to be paid by a property for the 1997-98 tax year value of improvements $5.52/290 total gross square feet, and (the "cut"). It also limits increases in ad $0.46/Ib. of passenger elevator valorem property taxes to be paid by that property in future years to 3% per year capacity (the "cap"). The 1997-2000 fees are calculated using the fees paid in the 1994-1997 district plus In general, Ballot Measure 50 does a 15% adjustment to cover inflation and not apply to any voluntary fee nor on any the cost of additional services. In the inter- involuntary fee, except possibly on an involuntary fee based on assessed value. , a 2.5% surcharge is added est of fairness to the top fifty ro rties and this sur- For detailed guidelines that were ren- charge is p properties passed on in a reduction to the dered as a legal opinion see the Appendix. QREGON DOWNTOWN DtVELOPMENTAssOCIATION 7 .a STRATEGIES FOR IMPLEMENTATION town organization, a city council member, and a city employee involved in downtown development. The City Attor- ney should be involved in the process OVERVIEW OF THE EID/BID from the beginning. City Attorneys in PROCESS different cities have interpreted the ER) ® Typically, EIDsBIDs are initiated by statute differently; their cooperation and ® local property and business owners who support is crucial. The EIDBID commit- put together a plan and then request, or tee members must understand the down- petition, the City to establish a funding town's power structure, politics and per- ® district on their behalf. Once the City sonalities. A committee with that depth of Council has approved an enabling understanding about their downtown can ® ordinance, a copy of the EIDBID proposal design and pass an EIDBID proposal. ® is sent to all affected business and prop- The EIDBID committee should erty owners. After the City Council con- assess local willingness and capacity of ducts two public hearings, it may approve the downtown organization to successfully the EIDBID, provided remonstrances are endure the months of intense work that are not received from business and property needed to put together a district for the owners who represent 33%, or more, of first time. Passing an EIDBID is a time the total assessments to be collected. Pass- and labor intensive process and the EID/ ing an EIDBID for the first time usually BID committee cannot do it alone. The takes a minimum of ten to twelve months. downtown association board should be Renewing an EIDBID may take from six strong enough to support and help carry to eight months. out the tasks necessary to pass an EID/ BID. FORMATION OF THE The EIDBID committee should also EID/BID COMMITTEE take a hard look at the risks associated with 9 The composition of the organization putting a funding dis- c ~ seeking an EIDBID should reflect those tract in place. These are risks beyond board and committee s who will benefit and those who will pay. burnout. The committee a An EIDBID committee should include ~ large and small property and business should evaluate the potential pitfalls and potholes that owners, influential members of the down- might be lurking ahead. This OREGON DOWNTOWN DEVELOPMENT ASSOCIATION ~9. is one reason it is so important for com- FUNDING MECHANISM FOR mittee members to understand the power YOUR DISTRICT structure, politics and personalities of the It is critically important for the EID/ proposed district. BID committee to examine the types of Duties of the EIDBID Committee funding mechanisms that are potential include: models for the proposed district. Should ® Create a roster of committee members the district be based on the state enabling These should include influential property and statute; and if so, will you establish an business owners, community leaders, city EID, a BID, or use both mechanisms? staff, and a City Councilor Would you rather create a different type of • Agree on rules within which the EID/ mechanism using your city's charter? BID committee will act These are tough questions, but ones that The committee should act in an advisory need to be answered early in the process. capacity to the board of the organization In answering these questions, it is impor- seeking the EIDIBID. Minutes and records tant to determine the major issues, create a should be kept of meetings and decisions. • Keep the board informed of every step vision for downtown, and work with city and process; making sure they vote on staff to help determine the best model to and support each step follow. • Create a roster of affected owners DEFINING ROLES AND • Create a roster of the City Council RESPONSIBILITIES • Decide on the type of funding mecha- nism needed Now is also the time to work with • Create an action plan for the passage city staff to define roles and responsibili- of the EIDBID ties in the collection process once the EID/ This should include timelines, tasks, and BID has passed. Working out these details person(s) responsible. and schedules now will make for a • Create 2-3 scenarios that include smoother overall process. In most cases, boundaries, formula, and criteria for the city bills out and collects the EIDBID the district, then "float" these past assessment at no charge to the downtown focus groups comprised of affected association. This is considered in-kind 1 stakeholders, to see which scenario support for the downtown economic revi- seems most likely to pass talization activities the organization will • Draft the EIDBID proposal undertake. A few cities charge a percent- • Keep in close communication with age of collections for administration costs. affected owners and the city The city and downtown association should ' Be proactive during the hearings and talk about this issue and come to agree- remonstrance process ment as early as possible in the process. It will also be important to work out SELECTING THE RIGHT the details of billing with the city; specifi- cally how and when billing will take place. l 16• C~ OREGON DOWNTOWN DEVELOPMENT ASSOCIATION boo' s~ ale THE EID/BID age so 06 PROPOSAL Again, this issue should be addressed with compass the true commercial district. the city very early in the EIDBID Extending the boundaries too far may process. create a district too large to manage and/or invite opposition. Be realistic about potential opponents and develop bounda- THE PROPOSAL ries accordingly. This does not mean that The EID proposal is one of the two the district should look like Swiss cheese Oft most important points in establishing an with boundaries drawn around every po- EIDBID. The other is the EIDBID cam- tential opponent, but the district should paign. The EIDBID proposal must estab- not include properties near the edge of the lish an assessment method, designate downtown where the opposition is boundaries, outline organization programs obvious and the benefit is debatable. and funding needs. A good EIDBID Drawing boundary lines too small oft proposal will account for political and may cut off necessary revenue, and/or be financial realities in downtown. Take perceived as favoritism by excluding advantage of the statute's flexibility and properties that should benefit from EID/ design a customized EIDBID for your BID programs. The boundaries must situation. The components of the EIDBID contain sufficient property to raise enough proposal are discussed below. money to pay for the program with an assessment level which is perceived as CREATING THE affordable. BOUNDARIES LEVEL OF ASSESSMENT AND The EIDBID committee must draw THE BUDGET its district boundaries with care. All the cities that have successfully passed an The level of assessment is tied to an EIDBID debated their boundaries thor- organization's budget. The EIDBID com- oughly. The EIDBID committee should mittee should ask: How much money does create boundaries that: the organization need to execute its e Reflect the benefited district programs? What are other sources of Account for potential opponents revenue? What percentage of total reve- a • Raise enough money to meet program nue should the EIDBID pay? Only after needs answering these questions can an EID/ Boundary lines should appear to en- OREGON DOWNTOWN DEVELOPMENT ASSOCIATION L I r_- IIIII0_ BID committee come up with ship for those in the district, but keep the an appropriate assessment membership program for participants out- Or "13 Creating two or three side the district. assessment scenarios and After developing a budget and "road testing" them with fo- evaluating other revenue sources, the EID/ cus groups will really help BID committee should set an assessment with community buy-in in the level, or levels. Set a level of assessment process of establishing the that adequately and fairly pays for the pro- district. gram. Don't back down unless the opposi- The EIDBID commit- tion is overwhelming. In Albany, lowering tee must develop programs that address the assessment level directly turned concerns of those assessed. Business re- around only one declared opponent. An- cruitment, design assistance and street- other program dropped the level of assess- scape improvements are often popu- ment on vacant buildings, but failed to lar with property owners, while business convert any opponents. A rule of thumb is owners may look for promotions and that if the proposed rate is fair to the ten parking management. ' largest and ten smallest participants, then Ask the largest owners what priori- it will be fair to the rest. ties they have for downtown. A successful All of the cities with operating EIDs/ EIDBID proposal will reflect many of the BIDs have difj'Lerent levels and methods of priorities. assessment and the statute does not iden- Produce a budget that allocates tify a specific method. This allows com- enough money to accomplish the programs munities to structure a rate most appropri- ' the organization has set out to do. Don't ate for their situation. The options ' skimp! Paring revenue without limiting currently in use in Oregon are discussed long term objectives may strangle the or- below. 4 ganization and keep it from accomplishing what it sets out to do. Assessments and Fees Based on E Avoid creating an EIDBID that is Property Value, Some EIDs base their your organization's only revenue source. assessment on property value. The main Every city with an EIDBID had to dem- advantages of value based assessment is 4 onstrate that the full burden was not fal- that this is a familiar assessment method, 4 ling on the owners. City governments, and county tax assessors have already memberships, and fund raising events are compiled the property value data. How- still part of the funding mix of most exist- ever, the EID committee must retrieve the ing programs. Membership revenues in data from the county, and determine the some towns have remained steady after level of assessment necessary based on the passage of the EIDBID, but in others collective property value. where the most active members are also Most of these formulas are based on owners, memberships have declined. A dollars per $1000 of assessed value, such business license fee will replace member- as $1.00/1000. For example, a property is OREGON DOWNTOWN DEVELOPMENT ASSOCIATION II At SIR III valued at $75,000, with an EID assess- town organization can offer property own- ment rate of $1.00/1000, would pay an as- ers the service of appealing their down- sessment of $75.00 per year. Some EID town property tax assessments. committees focus on determining a fair a~ rate for both large and small property own- The organization can assist property ers. Others, divide the total assessed value owners who seek lower property taxes of the district by the total budget amount without costing the organization revenue. needed to determine the rate per thousand. The main disadvantage of using this EIDs that are based on property val- method is an unclear reflection of the ues are involuntary, meaning that all prop- property's true value. The brand new erty owners must participate if the EID million dollar bank may have the same passes, even if they remonstrated during assessment as the aging half vacant hotel. the hearing process. Property owners less likely to be able to The disadvantages of using property afford the assessment must pay the same values are both structural and perceptual. rate. This may raise a question of fairness. If property values fall, organization reve- ® nues fall. Falling property values may also "Graduated" Fee Levels. Most be perceived as failure on the part of the downtowns have a core area. This core downtown organization when the change area often benefits more from downtown may actually be due to an economic rever- management than the properties outside of sal such as the loss of a major employer. the core, but still in downtown. Albany On the other hand, many organiza- recognized this about its downtown and tions feel that tying the funding mecha- instituted a graduated fee level. A gradu- / nism to property values is appropriate. If ated system has the capacity to include 9 the local organization does its job, prop- fringe properties that may not enjoy the ti erty values, and their EID assessment, in- same benefits as the core area. This as- crease. sessment system also diminishes the effec- I tiveness of an opponent on downtown's Assessments and Fees Based on fringe. Property Square Footage. More and more downtown organizations are creating Minimums and Maximums. When assessment formulas based on the square Baker City analyzed its property tax base, footage of parcels' footprints. The primary it found a wide range of values; a number advantage of using this formula is that as- of both very high and very low rates with sessment revenues do not fluctuate with the bulk of property owners grouped in the property values. middle. As a fairness and selling tool, the EIDs that are based on fees are vol- EID committee set a rate of $1.5011000 untary, meaning that property owners fil- with a maximum of $500 and a minimum a ing written objections are not assessed of $100 per property owner. This helped when the EID passes. make the EID more equitable by ensuring A spin-off advantage is that a down- that both very large and very small owners OREGON DOWNTOWN DEVELOPMENT ASSOCIATION -]a IZ were paying an amount more in proportion taken if the remonstrance level begins to to the benefits they could receive. get dangerously high, or if someone in the district begins their own campaign against the EIDBID. Assessments and Fees Based on Starting at the Top. Before going Business Ownership. There are a number public with an EIDBID proposal, the of ways that business owner fees are committee must contact all significant currently calculated. In Milwaukie, the owners in the district and influential com- rate is $24.57 per employee and in Baker munity leaders. This contact should be ex- City it is $150 per business in downtown. ploratory and inquiring. Seek their wis- Another option is similar to a traditional dom. Ask for their advice. Often, they can membership fee, with categories by size; contribute history or insider knowledge different rates for businesses with less that aids in developing and selling an EID/ than five employees, businesses with 5-10 BID. employees, and business with more than These people will want to either be 10 employees. Communities could also set part of the process or feel as though they up different rates for service and retail have been consulted. If an EIDBID fails businesses or charge per square foot of to contact people of this importance, it leased space. loses valuable insight and opponents A BID that is based on the business might be created because they felt left out license fee assessment method is involun- of the process. tary, meaning that all business owners The city manager, mayor, city attor- must participate if the BID is passed. ney and elected officials should be in- formed and involved from the beginning. GATHERING SUPPORT City officials are generally supportive of The EIDBID Campaign. Before the EIDBID process because the remon- moving forward with the EIDBID pro- strance feature guarantees there is signifi- posal, it is essential that the committee put cant public support for the program before together a comprehensive EIDBID cam- it can be passed. paign that will get the word out about the Anticipating Supporters and district in a positive, pro-active way. Opponents. The EIDBID committee Stakeholders who will participate in the must recognize the political forces in its district need to receive easy to understand community, and design a district that information about the district; what it will maximizes supporters and minimizes do, how much it will cost, and why it will opponents. If the EIDBID committee benefit them. The campaign should be identifies potential opposition when for- well thought out with tasks and timelines mulating the district, it may avoid a pitfall on informational mailings, meetings and that could certainly lead to failure of the one-on-one visits. The plan should also in- district to pass. clude a course of action that should be Large, owner-occupied businesses must -14 OREGON DOWNTOWN DEVELOPMENT AssOCIAT(ON ~3 I~ see what they are getting for their money assessment enthusiastically, which gives more than any other group. They often ar- more credence to the cause. gue that they pay a disproportionate The EIDBID committee must appear as a amount of support, and they cannot self-help organization for downtown. ® pass on the expense to tenants. Because Downtown owners must lead the charge, these larger properties often lie on the under the theme of "downtown is just try- fringe of the downtown core, they claim ing to pull itself up by its own boot they don't receive the same benefit as the straps." An opponent that simply states core properties. These arguments can be "no new taxes" can appear to be prevent- muted or avoided by several means, such ing downtown from helping itself as creative boundaries and graduated ® assessment levels. Enlisting the SuDport of the Local While large, owner-occupied busi- Chamber of Commerce. Your local 1 nesses are the largest group of potential Chamber of Commerce should not be opponents, one other group has consis- ignored when the EIDBID committee tently object to EIDsBIDs:. Fraternal and seeks support. The Chamber represents non-profit organizations. The statute business interests in the community and 1 permits an EIDBID to exclude these types can legitimize this project. More impor- of organizations. This does not mean an tantly, Chamber support proves that the EIDBID cannot assess these properties, downtown organization and the Chamber so if they seem willing to contribute, let are not embroiled in a "turf battle." them. Contact potential opponents early. Refining the ED/BID Proposal. Simply lobbying these businesses early in The committee should test the proposed the process may turn many around. boundaries, programs and assessment rates with downtown leaders, then refine Dealing With "No New Taxes" the proposal based on their input. Canby Sentiment. It is difficult to plan for peo- successfully completed this process with ple opposing an EIDBID on the principle three focus groups. The outcome was of "no new taxes," but you can take pre- owners saying it was very important to cautions. Make sure make sure the EID would raise enough owners belong to the money to fund program that would show i$ 1 EIDBID committee strong and successful results. c and establish your in- By the time the proposal becomes H dependence from city public, all the key players should have Or®R government. If own- been informed, consulted for input, and ers are well repre- should be supportive of the district. W sented on the com- mittee, they reinforce Announcing the Proposal. When the fact that there are preparations and planning are complete, people who pay this the EIDBID committee should pick the OREGON DOWNTOWN DEVELOPMENT ASSOCIATION t t~ time and place to announce plans for the sure the information is also available at the EIDBID. This should be a meeting for all meeting. owners. It should have an atmosphere of excitement, like a press conference or a ground breaking. This is the time for a big, Signing Up Supporters: The proactive pitch on why the owners should Petition Process. The petition process is support the formation of the district. important for all types of EIDs/BIDs Prepare a presentation with different because it produces a tangible record of speakers describing separate facets of the support. However, it is critical to use the entire downtown program. Make sure the petition process for downtowns who are presentation is not limited to the EID/BID implementing the fee on property method proposal. The persons making the presen- of assessment. In the fee on property tations must be downtown property and/or option, unlike the assessment on property business owners. or the fee or business licensc fee assess- This is not a time to improvise. The ment methods, property owners who write organization must appear professional and the council to say they do not wish to be demonstrate confidence. Often, downtown assessed do not participate in the EIDBID organizations hold rehearsals before the and are not assessed. presentation to make sure things will go smoothly and to determine if any changes THE ENABLING need to be made. Minimize the speaking time of the downtown manager or paid ORDINANCE staff. Staff may appear too self-interested If the community has never imple- for a presentation of this type. Use staff mented an EIDBID before, the committee only to present technical points or answer must ask the City Council to approve the questions. concept of an EIDBID before the hearing Give those attending a chance to ask process can begin. The city may need ei- questions. Never appear as though the ther a charter amendment or more likely EIDBID is "steamrolling" through down- an enabling ordinance, that permits this town. In advance of the meeting, you may assessment process (refer to want to arrange for someone to pose ques- ORS 223.114). tions of concern that have surfaced via the The timing of the enabling ordinance n rumor mill. can be tricky and critical. The EIDBID Send the owners information on the committee must have a plan that appears EIDBID when you invite them to the an- viable, but cannot be so far advanced that nouncement event. Prepare support litera- the City Council, City Manager, and City ture that showcases accomplishments, an- Attorney feel as though they have been ex- a swers anticipated questions, and de- eluded from the process. Including city of- scribes future plans. The owners will want f cials in the development of the EIDBID reference material to bring themselves and can overcome these difficulties. others up to speed on the proposal. Make Because the enabling ordinance sets - OREGON DOWNTOWN DEVELOPMENT ASSOCIATION , IJ " up a legal process, the City Attorney is es- input on the EIDBID. Scrutiny of the pecially valuable at this stage. The City proposed improvements and budget is 0 Attorney is ultimately responsible for the certain and every item must be justifiable. 0 legality of the process, as well as 0 defending the EIDBID in case of a legal Questions will arise, such as: 0 challenge. In one community the City At- • Who will benefit from elements of the torney interpreted the enabling ordinance program? 0 section of the EID legislation differently e What kind of new businesses will be than the DID committee. This miscommu- recruited? nication pushed the EID process back six . What are the organization's priorities? 0 months. e What can't the city or the Chamber of Commerce do the job? THE FIRST PUBLIC e Why hire a downtown manager? HEARING • Why aren't all of the owners here The purpose of the first public hear- ing is to announce the intention of the ® council to construct or undertake the eco- The EIDBID proposal should be nomic improvement project and to assess well enough researched that all genuine benefited property for a part or all of the objections are anticipated. The same 0 cost." (ORS 223.117 section 1 (e)) preparation that went into the owners' 0 The city must send out notices meeting should go into this hearing. 1) regarding these public hearings. The EID/ Bring a large contingent of owners D BID committee should help the city draft to the hearing to demonstrate their sup- ® the notices so that they are clear to the port. A petition, or lack of supporters may 1 owners. Perhaps the city will allow the not convince a City Council to pass an committee to send a brochure explaining EIDBID. At one meeting, a City Council the EIDBID along with the notices. If the voted against the EID asking, "Where are city doesn't permit the brochure to go out all the owners that support this?" with the notices, the committee should Try to resist any effort to change the send it separately, but at the same mailing proposal drastically at the first hearing. time. The owners must make the connec- Most of the owners should already know tion between the city's notice of public what to expect. Changing the proposal sig- ca hearing and the downtown program. nificantly may shake their confidence in E Every element of the EIDBID could your organization. Even change at this hearing. The City Council is more important, a change required to consider any objections, and in many of the EID's ele- may modify or scrap the EIDBID if it so ments could damage the a chooses. product the assessment This is the first forum where the pays for. 5~0? whole community is able to provide public If the City Council OREGON DOWNTOWN DEVELOPMENT ASSOCIATION lip i approves the EIDBID proposal, then the tunity to stop the process at this hearing. A notice of second hearing with the pro- remonstrance of 33% or more of the value posed invoices are mailed to the owners of the assessment will stop the EIDBID. who clearly see exactly what the EIDBID The majority does not rule. will cost them. The EID/BID committee If less than the required number of should have already let owners know owners do not remonstrate in writing at, or what the cost will be before this mailing. before, the second public hearing, the City The second notice should not be a sur- Council may enact the EIDBID immedi- prise. ately. At this point, official invoices are sent to owners and assessments are BETWEEN THE HEARINGS collected and distributed according to the The EIDBID committee has thirty, EIDBID proposal, which is now a city or more, additional days to sell the EID/ ordinance. 1 BID in between the public hearings. 1 KEEP SELLING! This is the time when many EIDBID objectors finally get around to filing their remonstrance letter with the city. The final count on the percentage of opposition takes place at the second hear- ing. Most surprises can be avoided by talk- a ing to every owner and keeping track of letters of remonstrance filed with the city. a The EIDBID committee should contact every "no" respondent. With additional information, some owners withdraw their remonstrance. p Property owners have waited to file their letters of remonstrance at the abso- lute last minute in several communities. The EIDBID committee must know their a numbers! THE SECOND PUBLIC HEARING The fate of an EIDBID rests in the outcome of the second hearing where, ac- cording to the ordinance, the City Council ¢ determines the final remonstrance rate. EIDBID opponents have their last oppor- OREGON DOWNTOWN DEVELOPMENT ASSOCIATION MANAGEMENT OF AN EID/BID THE EID/BID HAS PASSED: customers, higher rents, WHAT NOW? cleaner sidewalks, more An EIDBID bolsters a downtown advertising and promotion, organization by providing predictable and free paint and awnings, and o substantial funding. With this funding quality businesses. Some of 1.3 may come new perceptions, new partici- these expectations sound ridiculous as immediate out- pants and new expectations. For some comes, but all of them are ~ downtown associations, this means changes in the organization. derived from what the organi- in& zation has sold itself to be. All eyes will be on the organization to "do something," ~ Expectation Issues. With the excite- ment which leads to demands for programs that and publicity generated by the unrealistic or overwhelming. successful EIDBID process comes higher may be To deal with these expectations, the expectations. The downtown organization downtown organization must develop and now "has the ball" and must run with it to communicate to its constituents a clear vi- demonstrate that they're getting some- Sion and detailed workplan. The organiza- EID, where. Even with a property tax funded tion should consider surveying members some downtown organizations still Town Hall Meeting to get must overcome the perception that their or holding a their input on projects and priorities. Also, program is only for retailers. the board might want to begin an annual The EIDBID puts pressure on downtown organization to board retreat to evaluate the projects of the produce, and year and develop a written workplan i produce quickly! Downtown organizations past for the upcoming year. develop programs under the EIDBID that help "save downtown," but revitalization Participation Issues. Though ti happens incrementally, and there are situa- expectations go up, sometimes volunteer tions that organizations cannot control participation can go down with the suc- which can cause community frustration cessful passage of an EIDBID. After the and ineffectiveness. a After the EIDBID passes, the down- extensive time commitment that passing a town organization may be expected to fill an EIDBID requires, volunteers may all of the empty buildings. Other want, and need, a break. If the EIDBID revenue funds a downtown manager, expectations may include an increase in OREGON DOWNTOWN DEVELOPMENT ASSOCIATION volunteers may feel that their work is done ADMINISTRATION and staff can now take over. To perma- All the details of administering the nently reduce volunteer participation, EIDBID should have been worked out in however, is a huge mistake. Without the the earliest stages of the process. At this input and energy of its volunteers, the or- point, the EIDBID administration should ganization will not be able to meet the ex- be underway and running (relatively) pectations of its constituency. smoothly with the city and downtown or- Financial participation from mem- ganization each knowing their roles and bership and donations may also decline responsibilities concerning billing and col- following the passage of an EIDBID. lection for the district. After the EIDBID Organizations supported by an EIDBID has passed, the association should keep in may be perceived to be ",wealthy" and not regular contact with the city as it prepares needing additional support. Furthermore, to go through the first billing cycle to board members may not feel the same im- make sure things are running smoothly mediacy to hit the streets for memLer- and on schedule. This should help avoid ships. After all, the appeal of an EIDBID any glitches or delays with the billing is that the constant grappling for funds process. stops. Several communities had business and/or property owners that had paid membership dues before the EID/BID tell passed and are now assessed the EIDBID rate. Some organizations send letters out ~a R JE to members stating that members are not expected to pay twice. Other organizations send membership renewals exactly as before, expecting that members would let them know if they did not want to pay twice. Each board must identify its priori- ties to determine if they should solicit memberships inside the EIDBID bounda- ries. Businesses are still willing to buy i memberships in downtowns supported by property owner-paid EIDs, especially retailers that don't pay their landlord's assessment. This funding base may be increased by targeting specific services to these potential members, such as dedicating membership revenues to promotion and marketing. '29- OREGON DOWNTOWN DEVELOPMENT ASSOCIATION J9 lip LONG'I'ERM: EIS/BID MANAGEMENT RFNEWAL V HINTS FOR LONG TI it, M reflect the top priorities of owners should MANAGEMENT be hammered out. An EIDBID supported Changing Perceptions. 1b,.,, ,,Mons organization needs vision and goals, but canchange by strengthening st,,,, I,,,:11 beware of goals that are too lofty, unrealis- elements in an organization. 1),.,•,,I,,I~ ()ut_ tic, or fail to account for the funding standing programs, draft the r1~1,1 I,,,,,rd source. Also, keep in mind what results 1) members, and show the comm,,,,,1ti• what the organization will be able show when it your program can do! Downtow., comes time to renew the EIDBID. r✓:Ini- 1) zations don't have to be stuck „ i I I, , I1 fitting perceptions. Keeping Owners Informed. As the organization progresses in its revitaliza- Involving Owners. Do\%•„I,,,Vn tion effort, brag about it! Business and is using owners' money. Put owns,,, rc property owners aren't likely to call the p_ downtown organization office and ask, resentatives of owners, such as man- agers, on your board and commIiI,.,_, "What's happening?" It is up to the down- Many will want to be included imp \,,,w he_ town association to publish facts and cause of their investment. figures tha, support the good work the Don't discount nay-sayers or 1.11 i/I I I D organization accomplishes. Send out press critics. Some of these people that I,ect releases and a regular newsletter. Hold a your downtown organization to 4,.,.,,111- well publicized annual meeting (to an- 1 plish dramatic improvements arr. 1,,, nounce accomplishments) with all EID/ aN I ng BID participants invited. Keep in regular to be included in the process. PIII 111,,111 on 1 a project that 111,.N want contact with the largest owners, and try to 1 a, to see happen personally contact each owner at least , 1 " once a year. a 1 ArAr Setting Goal, tlti>It + a _ _ A Benefit Owur., well-defined i1 I goals and actI~ ,1,,.` that OREGON DOWNTOWN DEVELOPMEN ~ -3CIATION -44- ~v f i EID/BID RENEWAL The management techniques that i keep a downtown program effective are: 4 including owners, setting achievable goals, developing programs and services attractive to owners, and making sure that 1 owners know what the program is doing f for them. Sticking to these techniques also 1 should help set 'up the organi2AEon to suc- 4 cessfully renew the EIDBID. 1 The steps toward renewing an EID/ BID mimic the initial campaign, except there is now a well-defined track record with owners. In supporting the first EID/ BID, owners gives the downtown organi- zation a chance to "turn things around." For the most part, owners need to see positive change, after the initial EIDBID term, in order to continue their support. Remember to promote and "sell" every success of the organization! This is so im- portant, yet it often gets overlooked be- cause most associations are so busy "doing" things that they don't get the word out about what's being accom- plished. Consistent PR to owners and other downtown stakeholders about the association and its projects are important for long term success. Owners will get very suspicious of an organization that only communicates with them when it's time to renew the EIDBID. „22, OREGON DOWNTOWN DEVELOPMENT ASSOCIATION a~ ' AGENDA ITEM # FOR AGENDA OF April 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Tualatin River Integrated Water Resources Management Strategy Plan Review PREPARED BY: Ed Weiner DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL This review will inform the City Council of the collaboration among water resource managers in the Tualatin basin and the need to develop water supplies for the Tualatin basin to ensure sufficient water supply for all users through 2050. STAFF RECOMMENDATION Continue working with the Tualatin River Water Resource Managers on the Integrated Water Resources Management (IWRM) Plan that will become the planning for future water needs in the basin, including the Joint Water Commission. INFORMATION SUMMARY The primary purpose of the IWRM Project is to develop a comprehensive and integrated strategy for meeting current and future water resource needs in the Tualatin basin. The need for collaborative and cooperative decision making among the water resource managers has magnified in recent years. Federal, State and local regulations and policies require integration of plans and policies from various agencies. The outcome of the project is a framework of agreement on major water resource issues developed by the primary water management agencies and water resource stakeholders in the basin. This framework of agreement, called the IWRM Strategy, contains the following elements: > Identification of the key areas of water resource management which require action. > Clear articulation of a policy objective for each issue, agreed to by the participating water management agencies and supported by the Tualatin River Watershed Council. > Description of the work that needs to be done to better understand and manage these key issues. > Discussion of measures and approaches to achieve the policy objectives. OTHER ALTERNATIVES CONSIDERED This strategy is part of the process, among other things, to increase raw water supply at Hagg Lake for participation in the Joint Water Commission. Other alternatives for the drinking water source are the Willamette and Clackamas Rivers and the Portland Water Wholesale Contract. 1 1 VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Urban and Public Services - Water goal: "Actively participate in regional development of drinking water sources" and the Action Committee Strategy to "investigate developing partnerships with other jurisdictions to develop a long term source of water". ATTACHMENT LIST (1) Executive Summary/Integrated Water Resources Management Strategy (2) Public Review and Recommendation, January 2001. FISCAL NOTES Each water supply option will have its own financial impact on ratepayers. Currently we are not far enough along with this option to have firm preliminary development costs. I A I .M f is " r f ey.- ■ r '••Jet '~%`r r Integrated ater Rkesourees Management Strategy Final Draft Report Water Managers Group Joint Water Com mission Lake Oswego Corporation Tualatin Valley Irrigation District Unified Sewerage Agency Washington County March 1999 ® MONTGOMERY WATSON r a __--ee~~,, ~ w6~ ~ mil„ ;ti /.a,}; •y.• Jw~ Wail ' U,u61A~ ~tCu i r0, March iAAA Final ~ 7 wp-rsot4 Executive Summary What is the Integrated Water Resources Management Strategy? The Integrated Water Resources Management (IWRM) Strategy is a framework of agreement on major water resources issues, developed by the primary water management agencies and water resources stakeholders in the Tualatin River Basin. The IWRM Strategy considers water resources needs in the Tualatin River Basin from a watershed- wide perspective, and encompasses a broad range of water quality and water quantity concerns. The 1WRM Strategy has been developed by the Water Managers Group (WMG) of Washington County, representing municipal water supply, agricultural water users, wastewater and stormwater management and county facilities managers. Review and input to the project was provided by the Tualatin River Watershed Council (TRWC). The TRWC is comprised of citizens and representatives from the agricultural, business, education, environmental, urban and forestry communities, and local government. These agencies and groups were able to create a coherent, responsible strategy because of their common understanding of the need for collaborative and cooperative water resources management in the Tualatin Basin. Prior to initiation of the IWRM project in 1998, the WMG in collaboration with the TRWC adopted a vision statement that expressed their overall mission with respect to future water resources management efforts in the Basin. Their vision is: "To collaboratively manage water resources to provide the greatest collective benefit' This vision provides a common focus for the diverse participants in the IWRM project. The vision emphasizes cooperation and coordination as opposed to fragmented and narrowly focused responsibilities. Why Do We Need Water Resources Planning? There are three principal components of recognized beneficial water use in Washington County: municipal and industrial demand (M&I), agricultural demand and instream flow demand. Water resources information for these demand sectors was evaluated based on existing information. Water demands were summarized for current conditions, and major demands were projected to the year 2050. This information provides a snapshot of how water is currently distributed in the Basin, and anticipates what this picture might look like 50 years from now. Significant municipal demand increases are projected for the year 2050 due to population growth. The Regional Water Supply Plan (RWSP) has predicted a growth in peak day Integrated Water Resources Management Strategy page ES- l f_:recnuive Sunnnnan, final draft demands of over 130 percent, and peak season demands increases of 94 percent for Washington County by the year 2050. Water supply deficits of 130 million gallons per day (mgd) for the peak day are possible, based on the projections of the Regional Water Supply Plan. Peak season (summertime) deficits of 80 mgd are possible, equating to a seasonal deficit of about 30,000 acre-feet (AF). The potential exists for an expansion of agriculture in the Basin, based on the Oregon State Water Resources Department's assessment of total irrigable acreage (EES, 1989). A possible increased demand of 21,000 AF per year is possible in a dry year, assuming a full expansion of agriculture to its potential. The role of agricultural conservation and changing farm practices, as well as trends in crop types and land use must be better understood in order to predict long-term agricultural water supply needs. Instream flow demands are not currently being met in the River's maittstem in a dry year, based on the Unified Sewerage Agency's (USA) existing mainstem flow targets. An additional volume of 12,500 AF would need to be released from storage during the 180- day low flow period in order to achieve this target. A more aggressive flow target to meet all existing and anticipated water quality standards could require as much as 65,000 AF in the River during low flow months. Instream demands comprise the largest component of future water needs in the Basin among the three demand sectors that were evaluated. The effect of the Endangered Species Act and other regulations must be considered as their implications become known. In total, more than 100,000 AF of additional water would be required to fully meet all projected demands to the year 2050. Water demand and supply information is discussed in more detail in Section 2 of this report. What Does the IWRM Strategy Say? The Strategy is a series of policy objectives related to water quality and water quantity management in the Basin. The WMG has established policies and recommendations in seven key areas. More detail and discussion on each of these strategy areas is given in Section 4 of this report. The major elements of the IWRM Strategy are summarized briefly below: Protection of Tualatin River Tributaries, Health of the tributaries is critical to maintaining Tualatin River water quality and flow goals, and is a fundamental part of watershed health. Establish minimum flow targets for the tributaries. Actively manage consumptive uses of tributary flows. Improve the ecological condition of tributaries through wetland and riparian area restoration, and land management practices. Develop small, multi-pLupose storage projects to augment low flows in tributaries. Evaluate opportunities for replacement of tributary supplies for irrigation with other sources of water. lruegrated water Resources Alanagetnent Strategy page ES-2 I:recutive Suntman, final draft Efficient Use of Water. Conservation is an additional source of water to meet future needs. Implement municipal conservation programs as part of the Regional Water Supply Plan process. Encourage and promote agricultural conservation in coordination with the TRWC Watershed Action Plan. Stormwater Management. Support the USA's current efforts to renew and improve the Surface Water Management (SWM) program. Work with TRWC to fulfill Watershed Action Plan objectives for stormwater management throughout the Basin. Flood Management. Increase the natural flood storage capacity of the Tualatin River. Promote responsible land use practices and legal restrictions on floodplain development. Develop small, multi-purpose storage projects to provide flood control benefits. Evaluate the potential of expanding flood storage capacity at Scoggins Reservoir. Water Supply. Pursue all viable alternatives to ensure a reliable, safe and cost-effective water supply to meet future needs. Principal supply options at this time include expansion of imports from the City of Portland, development of the Willamette River and expansion of Hagg Lake. Wastewater Reuse. Highly treated wastewater effluent is an important water resource in the Basin. Continue the direct release of this water to the Tualatin River, as a demonstrated beneficial use for maintenance of instream flows and water quality. Pursue the use of recycled effluent for other consumptive uses, i.e. irrigation when these uses are economically feasible, publicly acceptable and demonstrate clear environmental benefit. The true cost of recycled wastewater should reflect treatment, transport and distribution costs, as well as the cost of replacement water to meet instream flow needs. Environmental Health. Make water resources choices that improve the overall environmental health of the Tualatin Basin, and promote the health of streams, reservoirs, rivers, wetlands and the terrestrial environment. Where Do We Go From Here? Implementation of the IWRM Strategy The Integrated Water Management Strategy should be viewed as a dynamic work that will require periodic reexamination, updating and refinement as it is implemented. This continuous process of reevaluation will ensure that the Strategy developed today will remain a useful tool for water resources management well into the future. In fact, the development of this cooperative Strategy is just the first step. More work needs to be done to put these concepts and principles into practice. Some of the most Integrated Writer Resources Management Strategy pine ES-3 Executive Sumnuan final draft challenging steps lie ahead, in the development of specific programs and practices to achieve the important objectives that have been discussed. The next major step in the IWRM process will be to refine roles and responsibilities for implementation of the Strategy. In hart, this means a renewed commitment from individual water management agencies to implement existing programs. For example, the municipal water providers have reinforced their commitment to water conservation in the IWRM process. This commitment does not require new plans, programs or authorities. However, some aspects of this IWRM Strategy "break new ground" and will require discussion of how these activities can be accomplished most effectively and efficiently. In some cases, this may mean an expansion of existing plans and programs that are already in place. In addition, public interest in and support for the IWRM Strategy is critical to its success. In order for the Strategy to be fully implemented, it must be supported by all of the water users in the Basin that will be affected by it. In fact, the IWRM Strategy will affect anyone who lives, works and recreates in the Tualatin Basin. The job of public education and communication is made easier by the fact that most people understand and actively support the importance of planning for future water needs, as well as the importance of managing water quality in the Tualatin River and its tributaries. Priority Action Needs Two action areas should be priorities for implementation, based on their ability to satisfy multiple policy objectives of the IWRM Strategy. These include: • Promote wetland and riparian restoration projects. This action achieves multiple objectives, by the restoration of tributary health, retention of stormwater, floodwater retention and improved environmental health of the Basin. • Evaluate opportunities for small in-line or off-line storage. This could be an important measure for restoring flow to the tributaries, as well as providing stormwater and floodwater retention. Small storage could also provide wetland and habitat benefits to improve the overall environmental health of the Basin. Other priority elements for action include: I • Implement tributary management activities. This should include an evaluation of 2 replacing tributary irrigation water with other supplies. i i • Evaluate new sources of supply to meet future water needs in the Basin. Feasible water source options at this time include the City of Portland supply, the y Willamette River and Hagg Lake. a a Integrated Water Resources Management Strategy page ES-4 Executive Summary final draft 7~ Priority Information Needs Water resources information is subject to multiple uncertainties and assumptions. These need to be continually reexamined, as new information becomes available. Some key information areas include: Water supply. Costs and quantities of water for the Willamette River supply and the expansion of the City of Portland system are currently being developed. These need to be considered specific to Washington County's needs. The City of Portland is currently updating regional demand forecasts based on recent population figures and employment trends. The feasibility of an expansion of Hagg Lake should be investigated. The implications of the ESA for all potential supplies must be integrated into the water availability picture. Until species listing occurs, water needs will be highly uncertain. Instream flow. Instream flow demands must continue to be better defined, in conjunction with ongoing modeling being conducted by the USGS. Future flow targets will be affected by regulatory changes and by water quality standards currently being negotiated. The implications of the Endangered Species Act (ESA) must be integrated as they become known. Agricultural demands. The potential for agricultural expansion must be evaluated. Trends in water use due to conservation, crop changes and technologies should be quantified in order to refine future water demands. A watershed-wide picture of agricultural water withdrawals from the mainstem and tributaries should be developed. Tributaries. The water use patterns of non-Tualatin Valley Irrigation District (TVID) irrigators operating off of natural flow rights in the tributaries and the mainstem must be understood. This is an important piece of information that is needed in order to begin to manage low flows in the tributaries. The ESA could affect agricultural users on the tributaries significantly. A better understanding of who these users are, and where the major diversion points are would prepare water managers in the Basin to take action in response to future species listings which are almost certain to occur. Minimum flow targets should be developed for each tributary. Integrated Water Resources Management Strategy page ES-5 Executive Summary final draft Integrated Water Resources Management (IWRM) Strategy Plan Public Review and Recommendations January, 2001 To ensure adequate water supplies in the Tualatin River watershed for the next 50 years, water resources managers developed the Integrated Water Resources Management Strategy Plan. The mission is: "To collaboratively manage water resources to provide the greatest collective benefit." By 2050, water demands will more than double in the Tualatin River watershed, according to the best projections. Instream flows are too low now. Municipal and industrial water demands will change as the community grows, as will agricultural irrigation demands. The community's water needs will be met through collaboration among all stakeholders, valid information, knowledge of the communities involved, and sophisticated planning. The IWRM provides the framework for users and regulators with widely diverse issues to work together to meet their shared objectives. The Tualatin River Watershed Council, a voluntary forum for addressing watershed issues, helped draft the IWRM strategy. The seven areas of concern identified by the IWRM are listed below, followed by prioritized action items and information needs. Protection of Tualatin River tributaries Healthy tributaries are fundamental to watershed health, water quality and flow goals. • establish minimum flow targets • manage use of tributary flows C improve ecological condition; wetlands/riparian restoration, land management • develop small, multi-use storage to augment low flows • evaluate options to replace irrigation with other water sources Efficient water use Conservation is a source of water to meet future needs. • include municipal conservation programs in Regional Water Supply Plan process • encourage/promote agricultural conservation with watershed council Action Plan Stormwater management • support USA efforts to renew and improve Surface Water Management Program • work with watershed council to meet Action Plan stormwater goals basinwide Flood management • increase natural flood storage capacity of the Tualatin River • promote responsible land use; legal restrictions on development in floodplains Water supply Pursue all viable alternatives for reliable, safe, cost-effective supplies. 3 • expand imports from City of Portland • develop Willamette River • Hagg Lake expansion Wastewater reuse Highly treated wastewater effluent is an important water resource. • continue direct release of effluent to Tualatin River, a beneficial use for instream flow augmentation and water quality a r r • pursue use of recycled effluent for irrigation and other uses when economically feasible, publicly acceptable, and demonstrated beneficial to the environment • reflect true cost of recycled wastewater (treatment, transport, distribution) and cost of replacement water to meet instream flow needs Environmental health Choices must improve the environmental health of the Tualatin basin, promote healthy streams, reservoirs, wetlands, and the terrestrial environment. Priority Action Items Priority action items that meet multiple objectives should be implemented first. Two approaches that would improve stormwater and floodwater retention, improve tributary health and the overall health of the watershed are: a) Wetland and riparian restoration b) Find options for small in-line or off-line storage c) Implement tributary management activities; evaluate replacing tributary irrigation water with other supplies d) Evaluate new sources (Portland, Willamette River; Hagg Lake) Priority Information Needs Water supply and demand is constantly changing, and the data needs continual updating and reevaluation. IWRM depends on reliable information in the following areas: Water supply Regional demand forecasts based on recent population and employment trends Willamette River studies City of Portland system expansions Hagg Lake expansion feasibility Implications of the Endangered Species Act Instream flow Ongoing USGS modeling and instream flow demands need further definition Flow targets impacted by new water quality parameters and Endangered Species Act Agricultural demands Potential agricultural expansion Evaluation of demand trends due to conservation, crop changes and new technologies Basinwide database of withdrawals from the river and tributaries Tributaries Water use by irrigators not regulated by TVID must be understood to identify users and major diversion points, and help develop minimum flow targets for each creek. The IWRM Strategy is a dynamic work that will be updated and revisited continually in order to remain a useful tool in water resources management through the years. Integrated Water Resour'ees Management (IWRM) Strategy Plan `To collaboratively manage water resources to provide the greatest collective benefit." In thd-next fifty years, water demand v ~i more. than douOC in the. Tualatin basin Insfream flows are fqo fow noyv Y~ .,...r s a tt ,r.! !...~c Municipal and industna! wafer demands and agnculturaf rmgation needs will change asp the commun~fygro ws n 4 The communif}F's watex needs will be met through collagorafidi among all stakehblders : valui 1nforriaaN zlc~r~iowi edgeof the communities involved, and sophistlcatec' rining' Si t u' J r For the past several years, water resources managers in the Tualatin River watershed have been collaborating on the Integrated Water Resources Management (iWRM) strategy. The IWRM provides a framework for users and regulators with widely diverse issues to work together to meet their shared objectives. It will be updated and revis- ited continually in order to remain a useful too( in water resources management through the years. The Tualatin River Watershed Council, a voluntary forum for addressing watershed issues, helped draft the strategy. Public review of the IWRM strategy has begun. Stakeholders will be asked to review and comment on the policy objectives, action items and information needs identified in the draft. The IWRM study identified seven key areas for policy objectives and activities related to them. They are outlined below, followed by priority action items and information needs. Protection of Tualatin River tributaries Healthy tributaries are fundamental to watershed health, water quality and flow goals. • establish minimum flow targets • manage use of tributary flows • improve ecological condition; wetlands/riparian restoration, land management • develop small, multi-use storage to augment low flows • evaluate options to replace irrigation with other water sources Efficient water use Conservation is a source of water to meet future needs. • include municipal conservation programs in Regional Water Supply Plan process • encourage agricultural conservation (watershed council Action Plan, SIB 1010) Stormwater management • support USA efforts to renew and improve Surface Water Management Program • work with watershed council to meet Action Plan stormwater goals basinwide Flood management • increase natural flood storage capacity of the Tualatin River • promote responsible land use; legal restrictions on development in floodplains Water supply Pursue all viable alternatives for reliable, safe, cost-effective supplies. • expand imports from City of Portland • develop Willamette River • Hagg Lake expansion Wastewater reuse Highly treated wastewater effluent is an important water resource. • continue direct release of effluent to Tualatin River for instream flow augmentation and water quality • pursue use of recycled effluent for irrigation and other uses when economically feasible, publicly acceptable, and demonstrated beneficial to the environment Environmental health Choices must improve the environmental health of the Tualatin basin, promote healthy streams, reservoirs, wetlands, and the terrestrial environment. (over) Priority Action Items The IWRM strategy gives priority to activities that meet multiple objectives. Approaches that would improve stormwater and floodwater retention, improve tributary health and the overall health of the watershed are: wetland and riparian restoration; small in-line or off-line storage options; tributary management activities; and evaluating new sources of water, including Portland's Bull Run, Willamette River, and Hagg Lake. Priority Information Needs IWRM is based in the knowledge that water supply and demand constantly changes and the data needs con- tinual updating and reevaluation. IWRM Water Managers Group • City of Beaverton • Tualatin Valley Water District • City of Forest Grove • Unified Sewerage Agency • City of Hillsboro • Washington County • Lake Oswego Corporation • City of North Plains • Oregon Water Resources Dept. • City of Banks • Tualatin Valley Irrigation District • City of Cornelius • City of Tualatin • City of Tigard • City of Sherwood For more information, please call Tom VanderPlaat at (503) 846-8758. , , i 3 ~ Will "vi t'[' a °?"'rs' s, 5- r r*t ^~T`tY'~-''~- } C o e~ * s7i #r'F f' i7'~Jkt r',1,~ y~ 1 ^~`,7•J tff ,Y,US j, ;'t~} ~V~1;,~ r~-y ~'t,y~s,, t }r5'j s1,; • i• ~,r ~,'+1 t k'~ {r,y yl 5 • v l , = n < i:! c 1„1 M tl,ri^Y'•I.'~~i4'fit~ ? :4 b J vh 1+6r~fA6~<Y1r`FY f.1Ct'`C r~~k ~ \j SC ~ k• f~. ~ 'S 7i'., v. f'l%f1~Y/'-~ a.}~, ~.n ...~F•ti [:~"~~y~,-.rt s ' cF t [_X ~ I t 4.~ {LEf~r~ r •1'~ ,.+~,;F5 a 9 ;'°d' t ~ly~ iS st ,s,`~~ f ~ Il 1~,1~ 7 ~ r'KL^li 4d'~ G~',~~,Y If7 .S~p~1~i~an~~u'V'.h. ~x ~ s y• h L + [~a7s } G.f) 4~T+'~~i'~i~' ~7E~~1~'~j~;~L+t~~n3i~~`T ~i.:,^bF1~7'~•`3..+ ate. 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Yf nY~r sfe N' ~~,aYs M1Nr,+r~~~'7~,•~F~t, 7"T;k ~~1rN~' icy ~ s t a t r { ;~+a_ ~ ti 'v <4ti'~,.p' t YeLIsY335::~ . ~ .'.rs:~..:~t ~ic3.tt~'lc:.a.ST.d'..3+.1:.r~.2.t"~+.~:.•z -•,u.-~'aa:.s I LI AGENDA ITEM # FOR AGENDA OF April 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Washington Square Regional Center Im lementation Plan U date PREPARED BY: Nadine Smith DEPT HEAD OK l Y MGR OK ISSUE BEFORE THE COUNCIL This agenda item is to serve as an update for Council as to what is occuring with the Washington Square Regional Center implementation planning effort. STAFF RECOMMENDATION N/A INFORMATION SUMMARY Council approved the Washington Square Regional Center Framework Plan last year but delayed implementation until further work could be done on the implementation issues of natural resources, storm water, open space and transportation. Council approved the public involvement plan for completing this work last fall. With the assistance of a team of consultants, the original Task Force members, and four technical advisory subcommittees, (TAS's) we began work on implementation issues. The TAS's are made up of Task Force members, agency representatives and citizens who have expressed interest in a particular area. There is a TAS for each of the areas of implementation (natural resources, storm water, open space and transportation) that is led by an expert consultant. It is the charge of each TAS to provide recommendations regarding their issue to the Task Force and ultimately the Task Force will provide recommendations to the Planning Commission and City Council. The Task Force has met twice and each of the TAS's have begun their work. Attached is the membership of the Task Force and of each of the TAS's. Also attached is a memo summarizing what has been accomplished to date by the TAS's. A public event is scheduled for Wednesday, April 4th from 5 p.m. - 8 p.m. at Metzger Park Recreation Building. At that event, ongoing presentations will be given by the consultants in their implementation areas, displays will be provided and a questionnaire will provided. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal Strategy 3, Address planning and growth issues associated with the Regional Center. Action Plan: Explore accommodation of higher densities in the Regional centers. Provide an educational element that informs and educates the public. As part of the Regional Center Master Planning effort, incoroparate larger study area. ATTACHMENT LIST 1. Washington Square Regional Center Task Force Members 2. Washington Square Regional Center TAS's Members 3. Memo reviewing status of TAS work. 4. Washington Square Regional Center Implementation Plan Public and Agency Involvement Process FISCAL NOTES none CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: City Council FROM: Nadine Smith Planning Manager DATE: 4/10/01 SUBJECT: Status of Washington Square Technical Advisory Subcommittee work The following summarizes the work of each of the Technical Advisory Subcommittees that are working on implementation issues for the Washington Square Regional Center Implementation plan. Natural Resources This group has met once. At that meeting, a report was given by Mark Hynson of the environmental firm of Mason, Bruce & Girard that reviewed the extent, quality and opportunities for improvement of the wetlands and natural resource areas in the study area. This TAS will continue to work on identifying opportunities and constraints in natural resource issues and analyzing the impacts of proposed transportation improvements on natural resources. Storm Water This group has met once. Henry Young, an engineer with BRW, has conducted a field review of storm water issues in the area and presented information to the group describing existing conditions. Future work of this group will include identification of a plan to address and improve existing conditions. Open Space This group has met twice. Lloyd Lindley has presented an overview of the parks and open space network in the area, and has led a tour of the area to look at existing opportunities. This group will identify open space and park potential and make recommendations to the Task Force. Transportation This group has met twice. Beth Wemple of Kittelson & Associates is leading this group and has provided an overview of the five projects that were identified as priorities in the initial Framework Memo to Council April 10, 2001 Page 2 Of 2 Plan. This TAS is charged with identifying fatal flaws in the transportation plan and using criteria to evaluate the feasibility of transportation projects that are proposed. In addition to the work of the TAS's, John Spencer is working with BRW to evaluate financing opportunities for the area. Further information is available in the form of minutes, reports and agendas for each of the TAS's if Council has interest. Updated 1/01 WASHINGTON SQUARE REGIONAL CENTER IMPLEMENTATION PLAN TASK FORCE MEMBERS NAME INTEREST/AFFILIATION ADDRESS TEL/FAX Tom Archer Spieker Properties 10260 SW Greenburg Rd Tel. 503-892-2500 Suite 100 Fax 503-892-2510 Portland, OR 97223 email: tarcher@spieker.com Robert Mixon Bicycle Transportation Alliance 16790 NW Yorktown Dr. Tel. 503-645-7836 (Home) Beaverton, OR 97006 Tel. 503-494-3041(Work) Dr. Gene Davis Retired veterinarian Foreign Mission Tel. 503-246-5862 (Development interest) 10875 SW 89th Fax 503-977-9343 Tigard, OR 97223 email: FMF@IPS.net David Drescher Fans of Fanno Creek Fans of Fanno Creek Email: info@fansoffannocreek.org (or Kitty Firth) P.O. Box 25835 Portland, OR 97225-0835 Kimberly Fuller Spieker Properties 10260 SW Greenberg RD, Suite Tel. 503-892-2500 110 Fax. 503-892-2510 Portland, OR 97223 Email: kfuller@spieker.com Nic Herriges Nimbus Business Commuters 13221 SW 68 Parkway, Suite 200 Tel. 503-626-9700 Portland, OR 97223 Carl Hosticka Metro Council (District #3) 600 NE Grand Ave. Tel. 503-797-1942 (John Donovan) Portland, OR 97232 Fax. Email: chosticka@earthlink.net 1 updated 1/01 TEI /FAX ADDRESS INTERESTiAFFILI=~TION Tel. 503-431-`1018 NAME 10255 SW 90"' Ave. District Fax 503-431-4020 Manager Email: rhudson@ttsa kiz.or.us Ron Hudson Tigard T Facilities ualatin School Tigard, OR 97223 NW Flanders Portland, OR Tel. 503-731-8228 Leo Huff Oregon Dept. of Transportation 12397207 Fax. 503-731-8259 155 N. 1st Ave. Suite 350-16 Tel. 503-846-3406 Assistant Director, Washington Fax 503-846-3588 Kathy Lehtola Hillsboro, 97124 Email: kath lehtola@co.~n'ashin ton.or.u Tel. 503-945-6407 (DaY/Salem) County 20585 SW Cheshire Ct. Tel. 503-642-4077 President, Association of Oregon . 503-642-4077 rail) Aloha,97007 em Fax. Dan McFarling Rail and Transit Advocate ore onrail@aol.com (AORTA) (Comm Tel. 543-768-5103 Principal, Lyn Musolf & 5480 SW Dover Loop email: lynmuSOh@~n•com Lyndon Musolf Associates (Affordable housing) Portland, 97225 Tel. 503-246-2137 (Home) 9221 SW Lehman St- Tel. 503-682-3633 (Work) Michael Neunzert Metzger Resident Tigard, OR 97223 Neunzent@att•net 503-244-1934 Tel. ton county 7700 SW Alden St. Adele Newton President, Washing Civic Portland, 97223 League of Women Voters interest) 2 !mom slow Updated 1/01 ADDRESS TEL/FAX NAME INTEREST/AFFILIATION Tel. 503-635-3618 17355 Boones Ferry Rd. Nawzad Othman President, OTAK (represents Fax. 503-635-5395 (Alternate: Jerry Orland Development) Lake Oswego, 97035 email: nawzad.othman@otak.com Offer) 9885 SW 92nd Tel. 503-245-0089 Steve Perry Metzger resident Tigard, OR 97223 Email. aa767cap2earth1ink.net - 4012 SE 17th Ave. Tel 503- 962-4977 ~ Lynn Peterson Tri-Met Portland, OR 97202 Jack Reardon Manager, Washington Square 9585 SW Washington Square Rd. Tel. 503-639-8860 ext. 24 Fax.503-b20-5612 Mall (Local businesses) Tigard, 97223 email: (Zumi, Secretary) Jackreardon@macerich.com 0690 SW Bancroft St. Tel. 503-224-9560 Rick Saito President, Group McKenzie Fax. 503-228-1285 (Architectural Consultant for Portland, OR 97201 Email. Esa~pmack.com Lincoln Center) 13125 SW Hall Blvd. Tel. 503-639-5697 Ken Scheckla City Councilor, City Tigard Tigard, OR 97223 Fax. 503-639-5697 PO Box 4755 Tel. 503-644-4972 Forrest Soth Beaverton City Council Beaverton OR 97076 Fax 503-526-2479 , 3 Updated 1/01 NAME INTEREST/AFFILIATION ADDRESS TEL TAX Ted Spence Tigard Citizen 10430 SW 66th Ave. Tel. 503-245-1549 Tigard, OR 97223 Fax 503-452-9650 Dave Stewart Executive Director, Citizens for 4012 SE 51st. Tel. 503-526-3065 Sensible Transportation Portland, OR 97206 Email: daves@ims.com Pat Whiting Citizen Participation 8122 SW Spruce St.. Tel. 503-246-7172 Organization (CPO) 4-M Tigard 97223 Nick Wilson Planning Commission Member Atlas Landscape Architecture Tel. 224-5238 320 SW 6th Avenue Suite 300, Fax. 224-5239 Portland, OR 97204 Email: nick@atlas-la.com OTHER INTERESTED PARTIES/OBSERVERS: I NAME INTEREST/AFFILIATION ADDRESS TEI,/FAX Lidwein Rahman ODOT 123 NW Flanders Tel 503-731-8229 Portland, OR 97207 Fax 503-731-3266 Email: lidweinrahman@odot.state.or.us Brenda Bernards Metro 600 NE Grand Ave. Tel. 797-1736 Portland, OR 97232-2736 Fax 797-1911 I:Irpln/juha/ Washington Square/Task Force Contacts.doc 4 Kill 11 Bill III REGIONAL CENTER STUDY CI I Y 01 11CAIt0 Natural Resources TAS Committee members 03-20-01 Warren W. Aney Dean Brice David Drescher or Kitty Firth (Task Force Member) Mellissa Gall (Washington County Planning) Rich Gebhart (US Army Corps of Engineers) Jim Grimes (Oregon Department of Fish and Wildlife) Carol Krigger (Metro) Karen M "Frieda" Flint Barbara Fryer (City of Beaverton) Nawzad Othman (Task Force Member) Bill Parks (Division of State Lands) Rick Saito (Task Force Member) Kendra Smith (USA) (13 members) John Spencer Project leader: John Spencer Julia Hajduk Facilitator: Mark Mahon It1'.GK)%NAL CI VI IIt ST 1, 01' CI 1 Y Q1 '11CAIt U Storm Water TAS Committee Members 1-26-01 Tom Archer (Task Force Member) Brenda Bernards (METRO) Greg Berry (City of Tigard Engineering) Pieter Braam Dr. Gene Davis (Task Force Member) Michael Freudenthal Dennis Rakowski Kendra Smith (USA) Forest Soth (Task Force Member) Jill Tellez Karen Thorin (11 members) John Spencer Project leader: Henry Young Nadine Smith Facilitator: Joel Stevens I I ® e REGIONAL UNTLIt SR,01' U I I Y 01 1 10AIt U Parks and Open Spaces TAS Committee Members 2-06-01 Ann Busse Larry Eisenberg (Washington County) Sheila Fink Jane Hart (METRO) Ron Hudson (Task Force member/School District) Mike Miller Lyndon Musolf (Task Force Member) Kristina Nickerson Duane Roberts (City of Tigard - Long Range Planning) Carolyn Sharp (THPRD) Ed Wegner (Tigard Public Works) Robin Yim (12 members) John Spencer Lloyd Lindley Nadine Smith Facilitator: Bev Froude a IIFCIUVAI CENTER STUDY G f' UI 7 tC:Ait1) Transportation TAS Committee Members 2-09-01 Bill Barber (METRO) Judy Edwards (Westside Transportation Alliance) Steve Kelly (Washington County) Trudy Knowles Dan McFarling (Task Force Member) Margaret Middleton (City of Beaverton) Robert Mixon Brenda Peterson Lynn Peterson (Tri-met) Brian Rager (City of Tigard - Engineering) Lidwein Rahman (ODOT) Jack Reardon (Task Force Member) Rick Saito (Task Force Member) Nick Wilson (Task Force Member) (13 members) John Spencer Beth Wemple Julia Hajduk Facilitator: Wayne Pruner 9 WASHINGTON SQUARE REGIONAL CENTER IMPLEMENTATION PLAN PUBLIC AND AGENCY INVOLVEMENT PROCESS (City of Tigard) January 12, 2001 The purpose of this Public and Agency Involvement Process is to insure that all stakeholders are involved early and throughout this project and that relevant issues are discussed and resolved to the extent possible. It consists of the following tasks: Task 1: Reconvene the Washington Square Regional Center Plan Task Force to review work of the Technical Advisory Subcommittees (TASes); help develop, review and provide comments on project work program elements and develop final recommendations. Invite all members of the original Task Force to participate again in this project as the Task Force was broadly based and representative of all appropriate stakeholder interests. Work with the City to recruit additional representatives for any individual interest who cannot continue. The Task Force will be reconvened to provide project oversight, address the major issues of the study, resolve potential conflicts, and give guidance on funding and all other implementation recommendations developed by the Technical Advisory Subcommittees. The City will invite the participation of the original Task Force members and announce initiation of this process through its citizen involvement and outreach channels (Cityscape, etc.). The Task Force will meet at strategic points in the project to receive information generated by the TASes (described in Task 3) and provide comments and insight that will be taken into account as the project proceeds. The agenda for each meeting will relate to the technical and TAS timetable so that the Task Force has meaningful input as the study proceeds. Every effort made to reach consensus on issues of concern. Objective: Develop an informed and communicative constituency for the project that is a sounding board for development of project objectives and implementing measures and recommendations. Methodology: The Public Involvement member of the consulting team will develop a schedule of Task Force meetings that follows the TAS schedule and technical workplan so that citizens have meaningful ways to affect the project. We also will solicit the names of interested individuals and groups who will be on the project mailing list for notification of meetings, events and updates on work progress. Products: New Task Force mailing list and list of interested citizens. Meeting schedule for Task Force. Schedule: Month 2 Task 2. Conduct meetings of the Washington Square Task Force. Design and facilitate meetings on project elements throughout the process. Objectives: Carry out a meaningful public participation program that insures useful community input throughout the project. As noted above, in addition to citizen interests, the following agencies shall be asked to be represented on the Task Force: ODOT, Metro, City of Beaverton, Tri-Met, DLCD and Washington County. Task Force members shall be expected to coordinate COGAN l OWENS CO GAN with their respective agencies and/or constituents, and to participate in Task Force meetings as reasonably expected. Methodology: Conduct up to six meetings as appropriate for project elements. Maintain summaries of meetings and provide necessary follow-up to enhance public participation. Products: Meeting agendas, meeting summaries and backup materials. Schedule: Ongoing throughout the project. Task 3. Develop and Facilitate Technical Advisory Subcommittees (TASes) as appropriate, to provide technical input on work program elements. An added element in this project not present in Phase I consists of four Technical Advisory Subcommittees (TASes), on the subjects of natural resources; parks and open spaces; stormwater; and transportation. At the Tigard City Council meeting where the Regional Plan was approved, these issues were noted as expressly in need of additional study. TASes will be comprised of about 12-15 members: those from the Task Force and the public who have indicated an interest in the subject and representatives from appropriate jurisdictions and agencies. The City will invite community members to participate through its citizen involvement and outreach channels. Each TAS will meet at least four times between March and June in meetings facilitated by trained volunteers. The consultants will provide agendas, continuity and technical information as needed. Their findings will be presented to the Task Force at strategic points in the study, with the understanding that the Task Force will make the final recommendations. The subcommittees will include no more than three (3) Task Force members, no more than three (3) citizens at-large, three to six (3-6) agency/ special interest representatives; and no more than three (3) representatives from the business community. The subcommittees will meet between full Task Force meetings. Each TAS will be staffed with a trained facilitator, recorder and technical consultant. The meetings will be approximately two hours each. TAS staff and consultants will confer between TAS meetings to identify areas that are overlapping or in need of collaborative efforts. Objective: Include participation of relevant citizens working with agencies in technical review of work program elements. Methodology: Identify citizens and appropriate agency staff to participate in the TAS process. Establish meeting schedules based on work program elements. Conduct up to five meetings; update work program accordingly. Products: Meeting agendas, summary minutes, backup materials, and other written documents and correspondences. Informed scrutiny by interested parties of key elements in the study for eventual deliberation and decisions by the full Task Force. Schedule: Ongoing throughout the project. "Task 4. Design and Facilitate Public Events. Outreach to the general public will occur at least twice during the process: midway or later when draft concepts/solutions are proposed; and near the COGAN 2 OMENS COGAN end when the final plan is recommended. Among the range of constituencies that should be reached are residents in Metzger and others closeby; employees, shoppers and users of the Washington Square Mall, Nimbus, Lincoln Center and other office buildings; and business owners and managers. Objective: Provide opportunity for the general public to gain information about the project and provide input at key steps along the planning process. Methodology: Develop communication materials; design, conduct and report on two public events. Products: Meeting agendas, notification materials and meeting summaries. Schedule: Midway or later in the project, when draft concepts/solutions are proposed; and near the end when the final plan is recommended. Task 5. Conduct Additional Outreach as Needed Flyers/written materials." We will utilize the logo designed for the previous study, using it on all written materials to maintain a clear identity throughout the project. At strategic intervals ...at least before each public event ...flyers explaining the work to date and inviting public participation will be produced and widely disseminated. We also will solicit citizen interest through the City newsletter. Speakers Bureau. If further outreach is needed, a speakers bureau, comprised primarily of Task Force members assisted by staff and consultants, may be trained and made available to speak to any groups interested in hearing about the project. Objectives: Provide opportunities for the public to receive information about the project as it progresses. Methodology: The City currently manages a variety of public education and involvement opportunities; for example, the CIT meetings, broadcast on community access cable, are a forum for promoting the process and opportunities to participate. Other venues are the Cityscape newsletter; and the City's website. The consultant will work with City staff to provide information about the project to be disseminated through these channels. Products: Continued opportunities to update members of the public on the work as it progresses. FACurrent Projects\0029 - WS2\pi process city.doc COGAN O Wr NS COGAN WASHINGTON SQUARE REGIONAL CENTER IMPLEMENTATION PLAN PUBLIC AND AGENCY INVOLVEMENT PROCESS (TGM) January 12, 2001 Task 1: Stakeholder Involvement Prepare for and conduct meetings of the Washington Square Task Force at strategic points in the process, leading to final recommendations to be presented to the Tigard City Council. The Washington Square Regional Center Task Force will be comprised of individuals appointed by the Tigard City Council to represent the broad range of agency and public interests concerned with this process. Members will be expected to be a conduit to their constituents as well as to the general public. The agenda for each meeting will relate to the technical and TAS timetable so that the Task Force has meaningful input as the study proceeds. Objectives: Obtain representative and stakeholder community input throughout the project. Methodology: Design and facilitate as many as six meetings of the Washington Square Task Force, working with City staff and the technical consultants on workflow and specific agendas. In addition to citizen interests, the following agencies shall be invited to participate in the Task Force: ODOT, Metro, City of Beaverton, Tri-Met and Washington County. Task Force members will be expected to coordinate with their respective agencies and/or constituents, and to participate in Task Force meetings as reasonably expected. Contractor Deliverables: Up to six meeting agendas, meeting summaries and backup materials, and revisions as needed. City Staff Deliverables: Review and approval of meeting materials as well as background research for meetings. Schedule: Ongoing throughout the project. Task 2: Agency Coordination One Technical Advisory Committee (TAC) was formed and met during the development of the Washington Square Regional Center Plan. It is anticipated that the same participants, as well as other interests, will continue to be involved with the Technical Advisory Subcommittees (TASes) involved in this project. Task 2 consists of developing and carrying out the work of four TASes as appropriate, to examine the following topic areas: natural resources, parks and open spaces, stormwater, and transportation. At the Tigard City Council meeting to approve the Regional Plan, these issues were expressly noted as in, need of further study. The transportation TAS will be the technical advisory committee for this TGM study. It will be comprised of about 12-15 members: those from the Task Force and the public who have indicated an interest in the subject, and representatives from appropriate jurisdictions and agencies. The City will invite community members to participate through its citizen involvement and outreach channels. The TAS will meet at least four times between March and .tune, in meetings facilitated by COGAN 1 OWENS COGAN trained volunteers and staffed by the technical consultants and City staff. The consultants will provide agendas, continuity and technical information as needed. The findings of the TAS will be presented to the Task Force at strategic points in the study, with the understanding that the Task Force will make the final recommendations. The subcommittee will include no more than three (3) Task Force members, no more than three (3) citizens at-large, three to six (3-6) agency/ special interest representatives; and no more than three (3) representatives from the business community. The meetings will be approximately two hours each. TAS staff and consultants will confer between TAS meetings to identify areas that are overlapping or in need of collaborative efforts. Objective: Bring together interested citizens and representatives of relevant agencies in technical review of work program elements. Methodology: Identify citizens and appropriate agency staff to participate in the TAS process. Establish meeting schedules based on work program elements. Conduct up to five meetings, updating work program accordingly. Products: Meeting agendas, summary minutes, backup materials, and other written documents and correspondences. Draft and final recommendations for Task Force review. Schedule: Ongoing throughout the project. E*Xurrent Projects\0029 - WS2\pi process'1'GM.doc 2 COGAN OWE NS COGAN ' sEl ova/ ~ ~ "17-0/ AGENDA ITEM # 15 FOR AGENDA OF April 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discuss Potential Grant Application Assistance by Contracting with Randall Funding and Development, LLC PREPARED BY: C Wheatley C--Crw, DEPT HEAD OK/W WWWK''CITY MGR OKL ww ISSUE BEFORE THE COUNCIL Discuss proposal to enter into an agreement with Randall Funding and Development, LLC, for grant application assistance. STAFF RECOMMENDATION Provide direction to staff whether the City should pursue entering into an agreement with Randall Funding and Development, LLC, for grant application assistance. INFORMATION SUMMARY City Council members were sent a *March 26, 2001, memorandum from City Manager Monahan describing the need to stretch City funding resources and the need to evaluate other ways to secure alternative funding sources. One source of additional funding could be through successful bids for grants that are available. The City has received a proposal from Randall Funding and Development, LLC, to discuss working with the City of Tigard to explore funding opportunities. The City Manager has requested that the Council discuss this proposal and provide direction to the City staff. *Contact City Recorder Cathy Wheatley (503) 639-4171, Ext. 309, if you would like a copy of this memorandum. OTHER ALTERNATIVES CONSIDERED 1. Do not pursue the proposal from Randall Funding and Development LLC. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Potential funding for programs identified in the Tigard Beyond Tomorrow goals might be available through grant funding. ATTACHMENT LIST None. FISCAL NOTES The proposed contract calls for a two-year commitment at the cost of $3,000 per month. Randall commits to obtain grant funding for the City, which over a 12-month period would exceed the City's prior year funding level by at least $500,000, if the City pursues a minimum of $1,750,000 in funding opportunities. If we are successful in securing more funding than $500,000, Randall would receive payment equaling eight percent of all monies secured over the initial $500,000. If Council's questions are answered and the City Manager is authorized to move forward to engage Randall, the City could begin a contract as early as April 15, 2001, with appropriate budget adjustments. Information would also be provided through the budget process for the upcoming fiscal year. I:WDM\CITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIES\RANDALL FUNDING AND DEVELOPMENT.DOC • L~'Iu ~C~C ~CC.4_ r MEMORANDUM TO: The Honorable Mayor & City Council FROM: Bill Monahan, City Manager RE: Grant Application Assistance DATE: March 26, 2001 Over the past few months, the members of the City Executive Staff and I discussed the need for stretching our funding resources. We have historically focused on the general fund and our dedicated funds (gas tax, water fund, sewer fund, building fund, etc.) for all City program activities. Occasionally we have been able to supplement these funding sources with grant funds from the State of Oregon or the Federal government. The Executive Staff and I feel that it is necessary that we evaluate ways to secure alternative funding sources. Over the past several years, our efforts to secure bonding for new facilities have failed to gain voter approval. Presently, we are evaluating how to proceed to address the need for a new library, road improvements, intra-city bus service, youth programs, park land, and recreational activities, to name a few. I believe that the time is right to place a greater emphasis on applying for State and Federal grant programs to supplement some of the programs that we have underway, to fund new facilities, and to enhance our delivery of services. Unfortunately, we are not in a position to merely apply for more funding without taking some steps to better position the City to be successful in the grant application process. Since we have not received a large number of grants in the past, we do not have extensive grant writing expertise in-house, plus we lack some of the administrative and tracking expertise required. For instance, our level of grants received has been limited by the resources that we can spare from existing budgets. Our grant writers have been fairly successful, except each time we apply for a grant, we are forced to assign a staff member to the task, taking them from their normal duties. In addition, we have not a coordinated our grant writing. One department may apply for a grant, which when combined with other grants applied for, results in the need for the City to conform to a a Federal or State reporting requirement previously not applicable to Tigard. i 3 a For instance, once a City receives a certain level of grant awards, Federal law requires a that an Affirmative Action Plan be developed for new hires. In other cases, auditing requirements or other rules and regulations are triggered. In fact, the recent report to management prepared by our auditing firm as part of the audit of financial statements Grant Application Assistance - Page 1 for the year ending June 30, 2000, suggest that we consider modifications to grant procedures. Attached is a copy of the report. Please note on Page 2 that the auditors suggest that if the City expends over $300,000 in Federal funds in a year, it is subject to more stringent examination by them as required by the Federal government. The note goes on to cite some minor issues require attention. In recent years, we have successfully applied for Federal funds to supplement police n staffing and technology. We have applied for funds to assist in the preparation of a plan for Washington Square. Funds for a demonstration bus program were approved last year. While we have had some level of success, we have only applied for specific programs once the program qualifications and fund availability became kn3wn to us. An opportunity is before us now to work with a firm to build our grant application capacity. Randall Funding and Development, LLC, is a California-based company, which approached the City to discuss working together to enhance the City's funding of City service delivery. Randall has a proven track record working with cities and counties larger than Tigard. Recently, Randall decided to approach a select group of Oregon communities to offer its services within Oregon and to smaller communities. Tigard is one of the communities approached. I met with Don Duncan, a principal in the firm, to discuss Randall's program. Randall would work with us to explore funding opportunities and, once we chose which grants to apply for, would package our applications for us. While talking with Mr. Duncan, I suggested we could have an interest for applying for grants for the following purposes: • New library construction - although we have focused on the idea of seeking voter approval of bonds supplemented by bequests and possibly general fund dollars, grants may be available for some portion of the construction, furnishings, technology upgrades, collection, etc., associated with the Library. • Transportation improvements - funds for improving, expanding, extending our roads, building trails, or seeking alternative modes of transportation demonstration projects could be possible. • Youth or recreation programs - programs, facilities, operating funds, staffing are possible. • Park acquisition/environmental improvements - additional funds for acquiring or developing our parks, playgrounds, and natural areas. • Downtown redevelopment/economic development - funds could be available from sources to supplement the activities of the Tigard Central Business District Association. Utilizing an outside consultant at this time has certain advantages over utilizing existing City staff to apply for new grants or hiring new staff. First, Randall has a proven track record. They have trained personnel who know what is available, how to prepare applications, and how to impress funding agencies that a project is eligible and meets Grant Application Assistance - Page 2 the funding agencies' objectives. Second, they could start assisting us now. The Federal government has undergone a dramatic change. President Bush is changing programs; thus new funding opportunities are opening up. Those communities ready to submit fundable, qualified, and needed projects likely will be most successful. Cities, such as Tigard, may not be able to package grant applications which are fundable, innovative and complete if there is a short turn-around period following grant availability announcement. Third, Randall can teach us their successful formula for grant attainment. By working with a company such as Randall, staff assigned by us to assist in data gathering, need identification, and program monitoring, likely will learn valuable skills. If we choose later to "go it alone" after a contract with Randall expires, we would be better prepared to do so. I believe we can learn a lot from Randall while benefiting from their proven track record and commitment to advocate on our behalf. We can upgrade our grant application methods from merely applying for those we happen to become aware of as possibilities to an actual grant system where all grant opportunities are assessed and we select which programs to apply for. We will also learn to package innovative grants that would combine more than one funding source to make a proposal more appealing to funding reviewers. I have attached a copy of a proposal submitted by Randall. It calls for a two-year commitment at the cost of $3,000 per month. Randall commits to obtain grant funding for us, which over a 12-month period would exceed our prior year funding level by at least $500,000 if we pursue a minimum of $1,750,000 in funding opportunities. If we are successful in securing more funding than $500,000, Randall would receive payment equaling eight percent of all monies secured over the initial $500,000. This information is provided to you in advance of the discussion that I would like to have with Council on April 10. If Council's questions are answered and I am authorized to move forward to engage Randall, we could begin a contract as early as April 15, 2001, with appropriate budget adjustments. We would provide information through the budget process for the upcoming fiscal year. Should Council agree with the proposal, there is the need for devotion of City staff resources. As the attached memo, prepared by Ron Goodpaster, shows, when we contacted three clients of Randall, we were told that to be successful, we need to devote sufficient staff to assist. Initially, I would propose to assign lead responsibility to Liz Newton to be our contact person with Randall and to coordinate a team of individuals selected from City departments to pull together information needed to support applications. Department Heads would be involved in reviewing funding opportunities and recommending which grants are needed by City departments. Finally, additional program tracking, report preparation and submittal, program fund monitoring and disbursement, and accountability will all require staff attention. The program has been discussed with the Executive Staff. We believe it is a very opportune time to work with Randall. We can explore alternative funding sources or we Grant Application Assistance - Page 3 MIN can funds to supplement our other resources, we can prove that we have explored all opportunities to make decisions to ask the voters for bond funds to build a library, roads, or parks. We can also decide at the end of the contract term with Randall whether continuing the relationship or building our own program, modeled after their successful operation makes the best sense for the community. I look forward to discussing this proposal with you on April 10. If there is any additional information that you would like us to obtain, or if you would like to have Mr. Duncan present at the April 10 meeting, please let me know. Thank you for your consideration of this request. Attachments \\TIG333\USR\DEPTS\ADM\BILL\MEMOS\RANDALL - MEMO TO COUNCIL.DOC a 1 3 Grant Application Assistance - Page 4 1 Randall Funding & Development, ITC 2 3 4 THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement" 5 herein), effective April 16, 2001, is made and entered into by and between the City of 6 Tigard, OR ("City" herein), located at 13125 S.W. Hall Blvd., Tigard, OR 97223, and 7 Randall Funding & Development, LLC (RF&D) ("Contractor" herein), located at 824 E 8 Street, San Rafael, CA 94901, for a period of twenty-four (24) months or until terminated 9 in accordance with this Agreement. 10 11 RECITALS 12 13 WHEREAS, City desires to engage Contractor to perform, and Contractor agrees 14 to undertake, carry out and complete certain professional services as hereinafter set forth: 15 16 NOW, THEREFORE, the parties agree as follows: 17 18 I. Parties to the Agreement 19 20 The parties to the Agreement are: 21 22 A. City: City of Tigard 23 13125 S.W. Hall Blvd. 24 Tigard, OR 97223 25 26 B. Contractor: Randall Funding & Development, LLC 27 824 E Street 28 San Rafael, CA 94901 29 30 II. Representatives of the Parties and Service of Notices 31 32 The representatives of the parties who are primarily responsible for the 33 administration of this Agreement, and to whom formal notices, demands and 34 communications shall be given, are as follows: 35 36 A. The principal representative of City shall be: 37 38 , or his/her designee 39 City of Tigard 40 13125 S.W. Hall Blvd. 41 Tigard, OR 97223 42 43 • 1 him 1 B. The principal representative of Contractor shall be: 2 3 Daniel J. Randall, Managing Partner 4 Randall Funding & Development, LLC 5 824 E Street 6 San Rafael, CA 94901 7 8 C. Formal notices, demands and communications to be given hereunder by 9 either party shall be made in writing by personal delivery or mail, 10 registered or certified, postage prepaid. 11 12 D. If either party changes its representative or the address at which to receive 13 notice, demand or communication hereunder, it shall give notice of such 14 change within five (5) working days of said change. (Working days shall 15 be defined as Monday through Friday for purposes of this Agreement.) 16 17 III. Objective 18 19 A. The objective of this Agreement is for Contractor to raise new grant funds 20 for the City. 21 22 B. Both parties agree that the professional services to be provided in this 23 Agreement shall be directed to one or more of the following priority areas 24 (hereinafter, collectively, the "priority areas"): 25 26 1. Criminal Justice Technology and Programs; 27 2. Other Technology; 28 3. Housing and Housing Programs; 29 4. Transportation; 30 5. Infrastructure; 31 6. Social Services; 32 7. Health Services; 33 8. Other areas/departments, as mutually agreed upon by both parties. 34 35 IV. Description of Work 36 c 37 A. City hereby engages Contractor, and Contractor accepts such engagement, 38 to perform the services set forth in the "Scope of Services" in Section V 39 below. Contractor shall perform and complete, in a manner satisfactory to 40 City, all work and services described herein. City Representative, or the 3 41 Representative's designee, shall have the right to review and inspect the 42 work during the course of its performance at such times as may be 43 specified by the Representative. 44 45 2 I V. Scope of Services 2 3 A. General Description 4 5 Contractor agrees to provide general grant writing services to make and 6 submit complete grant applications on City's behalf. Contractor agrees to 7 provide any and all services required to effectively achieve the objective of 8 this Agreement. Any work conducted outside the scope of this Agreement 9 is subject to additional fees and no such additional work shall be 10 undertaken except pursuant to an amendment to this Agreement signed by 11 both parties. 12 13 B. Research & Grants Alert 14 15 Contractor will research potential funding sources for City to identify 16 potential grant funds for City. Contractor shall advise the City of potential 17 funding sources via a weekly "Federal Grants Alert." 18 19 C. Research, Assessment and Funding Plan 20 21 1. Within thirty (30) days before or after execution of this Agreement, 22 Contractor agrees to facilitate and conduct an assessment meeting 23 for the priority areas. 24 25 2. Within forty-five (45) days of the assessment meeting or within 26 forty-five (45) days of the execution of this agreement, whichever 27 comes later, Contractor agrees to generate and provide City an 28 "initial" report of potential funding sources for specified projects 29 within the priority areas. 30 31 3. City agrees to discuss this "initial" report to determine the most 32 effective funding sources for each specified project and priority 33 area. 34 35 4. Contractor agrees to cull out those sources that are deemed not 36 effective. Contractor shall then generate and deliver a Final 37 Funding Report listing funding sources mutually agreed upon. 38 Such Final Funding Report shall be considered for grant 39 application authorization for the duration of this Agreement, 40 subject to the availability of, and appropriations to, each source 41 identified in the Final Funding Report. Contractor agrees to 42 deliver the Final Funding Report within ten (10) working days of 43 the discussion provided for in Section V.C.3. 44 45 5. City agrees to provide Contractor access to its staff for the 46 Assessment meeting and Initial Funding Report review described 3 t above. City's failure to provide this access may cause delays, 2 resulting in delay in completing the resulting Final Funding Report. 3 4 D. Grants Alert 5 6 1. Both parties understand and agree that other funding sources not 7 set forth in the Final Funding Report may be identified or become 8 available. 9 10 2. Contractor agrees to conduct continued research during the term of 11 this Agreement and to compile a report of grant funding sources as 12 they become available or are announced. 13 14 3. Contractor agrees to provide this information weekly to City in the 15 "Federal Grants Alert." 16 17 4. City agrees to review and contact Contractor if any sources listed 18 in the "Federal Grants Alert" address any of the priority areas. 19 20 5. City shall elect to receive the "Federal Grants Alert" via facsimile 21 transmission or electronic mail. One copy of said alert shall be 22 furnished to City's Representative each week. 23 24 E. Information Provision 25 26 1. As soon as possible, and in all cases prior to City's authorization to 27 prepare an application for funding, Contractor shall notify City 28 whether, and the amount of, any matching funds which may or 29 shall be required from City in order to qualify for award of 30 funding, or which may or shall be required to complete tasks 31 identified in the objectives of a specific application. 32 33 2. The parties shall discuss the potential funding sources and identify 34 sources of particular interest to City. 35 36 3. Contractor shall have first opportunity to write the grant 37 applications for all sources identified to City by Contractor based 38 on the Funding Reports and "Federal Grants Alert." 39 40 4. Upon written request by City, Contractor shall provide it a copy of 41 the Request for Proposal ("RFP") for each funding source specified 42 by City, such copy to be provided within five (5) working days of 43 said request and subject to the availability of the RFP. 44 4 MMJ 1 F. Conditions of RFPs 2 3 1. City understands that the RFPs contain all conditions, regulations, 4 and requirements associated with i'he grant for use of any funds 5 awarded by the funding source. City accepts responsibility for 6 understanding the terms and conditions and for complying with 7 said terms and conditions. 8 9 2. City shall review the requested RFPs within five (5) working days, 10 or by a time mutually agreed upon by both parties, from the date of 11 the City's receipt of RFPs. 12 13 G. Authorization of Proposals Identified 14 15 1. Following City's review, and before Contractor prepares any 16 application, City shall authorize Contractor in writing to prepare 17 and submit such application. City reserves the right to review and 18 approve any application that Contractor prepares. City shall not 19 unreasonably withhold approval for submission. 20 21 2. City's authorization to apply for $1,750,000 in potential grant 22 sources under this clause shall be constitute City's fulfillment of its 23 obligation to provide Contractor a "Reasonable Opportunity" as 24 defined in Section VI. 25 26 H. Program Design for Authorized Proposals 27 28 1. For any application authorized to be prepared by Contractor, 29 Contractor shall meet with the City to develop a program design 30 for the parameters of such grant application. 31 32 a. Contractor shall provide at this meeting a written list of all 33 information reasonably necessary to submit the application. 34 35 b. City agrees to use its best efforts to provide Contractor 36 requested materials within seven (7) working days of the 37 program design meeting, or by a time mutually agreed upon 38 by both. 39 40 (i) Any time other than seven (7) working days 41 mutually agreed upon shall be determined during 42 this meeting, initialed by a department 43 representative at the program design meeting, and 44 returned to Contractor. 45 5 I (ii) "Provision of information" or "provision of 2 requested materials" shall include, but are not 3 limited to, the reasonable provision of complete and 4 accurate disclosure of financial, programmatic or 5 other information Contractor requests to complete 6 authorized applications. 7 8 c. Where both parties agree, Contractor may pursue 9 applications with short deadlines by using teleconferencing 10 to develop program design. 11 12 (i) Upon faxed and initialed approval by City, 13 Contractor shall request that all requisite supporting 14 information be provided it either orally or in 15 writing. 16 17 (ii) City agrees to provide Contractor all such requisite 18 supporting information within seven (7) working 19 days from the date of the request or within such 20 other time mutually agreed upon by both parties. 21 22 I. Grant Writing 23 24 1. Contractor shall be responsible to write grant applications 25 identified by, and in cooperation with City, and within the twenty- 26 four (24) month duration of this Agreement, to obtain at least 27 $500,000 in grant approvals allocated to the priority areas. 28 29 2. Contractor agrees to review all potential funding opportunities with 30 City and to receive written approval to submit applications from 31 City, prior to any solicitation efforts by Contractor. City's approval 32 to proceed shall not unreasonably be withheld. As Contractor 33 requests requisite supporting information from City, City agrees to 34 use its best efforts to provide requested materials within seven (7) 35 working days, or within such other time mutually agreed upon by 36 both parties, 37 38 VI. Reasonable Opportunity 39 40 A. City shall provide Contractor a reasonable opportunity to solicit grant 41 funding identified by Contractor in order to permit Contractor to achieve 42 the objective of this Agreement. 43 44 B. "Reasonable Opportunity" means City's authorization to apply for a 45 minimum of $1,750,000 in grant funding sources identified to City by 6 1 Contractor through the Funding Reports and "Federal Grants Alert" and 2 addressing the priority areas, within ten (10) months from the date of 3 execution of this Agreement. 4 5 C. The Guarantee defined in this Agreement is subject to City providing 6 Contractor a reasonable opportunity as defined herein. 7 8 VII. Guarantee and Definitions 9 10 A. Contractor agrees to guarantee that as a result of its services hereunder 11 City shall "receive" a minimum of $500,000 in "funding" for the priority 12 areas within the term of this Agreement ("the Guarantee"). 13 14 B. Contractor agrees to work in good faith and to continue to solicit funding 15 until City "receives" this threshold amount of "funding". 16 17 C. For purposes of this Agreement, "received" and "funding" shall include 18 notification-of-award letters, or other equivalent notifications that City 19 receives from funding sources solicited by Contractor pursuant to this 20 Agreement, and shall include multi-year funding awards. 21 22 D. In determining if the Guarantee has been attained, multi-year awards shall 23 be included in calculating funds "received," to include any and all grant 24 funding sources authorized by City and solicited by Contractor under this 25 Agreement. For example, a grant award of $200,000/year for a two-year 26 period shall be considered an award of $400,000, and this $400,000 shall 27 be applied toward the Guarantee and incentive amounts under this 28 Agreement. 29 30 E. If Contractor is not successful in attaining a minimum of $500,000 in City 31 approved grant funding for City, and City has provided a Reasonable 32 Opportunity to Contractor within ten (10) month period, Contractor shall 33 continue to provide grant research and writing services until the $500,000 34 Guarantee amount is attained. 35 36 F. Both parties agree that, should City not provide the Reasonable 37 Opportunity to Contractor, Contractor, at its discretion, may elect to 38 calculate a pro-rated guarantee based on 10% of the dollar amount of grant 39 applications authorized by City during the applicable ten (10) month 40 period. 41 42 G. If the sources for which the City authorizes application be made have 43 previously been funded through City's efforts within twelve (12) months 44 prior to the date of execution of this Agreement, only funding in excess of 45 City's previous award within that twelve (12) month period, shall be 7 I attributed to the Guarantee. The value of previous awards shall not 2 include matching funds, but only those funds from the granting 3 agency(ies). 4 5 H. "Previous award" shall mean any funding that the City received from the 6 funding source during the twelve (12) months immediately prior to the 7 date of execution of this Agreement. 8 9 I. Where (i) there is a mutually-identified source, (ii) City successfully 10 received a previous award, and (iii) Contractor feels its efforts are not 11 likely to result in exceeding this previous award amount, Contractor 12 retains the right to decline to solicit the source and agrees to permit City to 13 solicit the source outside the terms of this Agreement. 14 15 VIII. Compensation, Costs, and Method of Payment 16 17 A. Payment Schedule 18 19 1. City shall pay Contractor a fee of $3,000 per month with the initial 20 payment due upon execution of this Agreement. The payments 21 shall be due the 1" of each month for a period of twenty-four (24) 22 months. 23 24 2. City, at is option, may cancel this Agreement after month twelve 25 (12). City and Contractor agree that if the City elects to cancel this 26 Agreement after month twelve (12), the monthly payments would 27 cease effective the following month of cancellation. 28 29 3. City and Contractor agree that the Guarantee is contingent upon 30 City meeting the Reasonable Opportunity and the full twenty-four 31 (24) month term of this Agreement. 32 33 B. Incentive Structure 34 35 1. If Contractor's services under this Agreement result in City 36 receiving grant awards in excess of $500,000, Contractor shall 37 receive an incentive payment in an amount equal to 10% (8% due 38 and payable by City and 2% provided by Contractor to City pro- 39 bonolno charge) of all such funding that City is awarded above 40 $500,000. Upon notification of funding approval by the granting 41 agency incentive payment shall be due within thirty (30) days of 42 receipt of invoice. 43 44 2. Incentive payments shall not exceed $350,000 for the duration of 45 this Agreement. 9 t 2 3. Both City and Contractor understand and acknowledge that any 3 grant funds City receives cannot and will not be used to pay 4 Contractor any fees or other amounts under this Agreement. 5 6 4. City shall make such incentive payment(s) to Contractor, subject to 7 the termination provisions of Section XI, for all funding for which 8 Contractor has made application and which are still pending upon 9 termination hereof and which thereafter result in such funding 10 approvals in excess of $500,000. Total incentive payments shall 11 not exceed $350,000. 12 13 IX. Obligations of Contractor 14 15 A. 'T'ools and Instruments 16 17 Contractor will supply all necessary tools and equipment associated with 18 performing its services under this Agreement. These include, but are not 19 limited to, word processing and spreadsheet software; computer, printer, 20 paper, supplies; telephone, fax machine, typewriter, modem, floppy disks, 21 research materials, and any other instruments required. City shall provide 22 all information pertinent to the Contractor's performance both hard copy 23 and computerized format using appropriate P/C software formats 24 (including Word for Windows, Microsoft Access, Excel, or other mutually 25 agreed upon formats). 26 27 B. Workers' Compensation 28 29 Contractor shall provide Workers' Compensation Insurance in amounts 30 prescribed by Section XH.M.1A for its own employees and agrees to 31 defend, hold harmless, and indemnify City for any claims including but 32 not limited to claims arising out of injury, disability, or death of any of 33 Contractor's employees, subcontractors or agents in connection with any 1 34 tasks or duties in performing this Agreement. i 35 36 C. State and Federal 'T'axes 3 37 38 1. Contractor shall be responsible for paying all required state and 39 federal taxes and insurance. 40 3 41 2. City will not: 42 43 a. Withhold FICA; 44 b. Make state or federal unemployment insurance 45 contributions on behalf of Contractor; 9 UNESCO I c. Withhold state or federal income tax from Contractor's 2 payments; 3 d. Make disability insurance contributions on behalf of 4 Contractor; 5 e. Obtain Workers' Compensation Insurance on behalf of 6 Contractor. 7 8 D. Employee Benefits 9 10 Contractor is an independent Contractor with respect to the City and none 11 of Contractor's employees, subcontractors or agents shall be entitled to any 12 benefits typically associated with employee status, such as health 13 insurance, sick leave or vacation benefits. 14 15 E. Reporting of Activities 16 17 Contractor agrees to provide City monthly written reports, at City's 18 request, documenting all efforts undertaken that month, including but not 19 limited to grants targeted, actual grants and other funding sources 20 solicited, and grants received. 21 22 X. Obligations of City 23 24 A. Cooperation of City Staff, Agents, Employees and Sub-Contractors 25 26 1. City agrees to comply with all reasonable requests of Contractor 27 and to provide access to pertinent documents necessary for 28 Contractor to provide services under this Agreement. 29 30 2. Such pertinent documents include but are not limited to budget 31 information, previously written proposals, background, research 32 and other source documents, demographic data, and review of 33 proposal drafts. 34 35 3. City understands the services offered and described in this 36 Agreement are time-sensitive, and City will comply with all 37 Contractor's informational requests by ensuring Contractor receives 38 all reasonable requests for information within the time period, as 39 specified in this Agreement. 40 41 B. Place of Work 42 43 City does not guarantee Contractor's personnel a place of work for work 44 on authorized applications. However, City may provide temporary 10 1 workspace for Contractor's personnel for work gathering pertinent data for 2 authorized applications. 3 4 XI. Termination of Agreement 5 6 A. Termination by City 7 8 1. City, at its option, may terminate this Agreement upon ten (10) 9 days prior written notice to Contractor if Contractor defaults in 10 providing services under this Agreement or materially breaches any i 1 of its provisions. 12 13 2. Contractor shall have the right and opportunity to cure any such 14 material breach within the ten (10) day period. 15 16 3. Notwithstanding termination of this Agreement for Contractor's 17 default, Incentive Fees shall be paid to Contractor for City 18 authorized applications that Contractor has already submitted by 19 Contractor to a granting agency, provided Contractor proves that 20 no default is related in any way to said pending application. 21 22 B. Termination by Contractor 23 24 1. Contractor, at its option, may terminate this Agreement by giving 25 ten (10) days written notice to City if City, its staff, employees, 26 agents and/or representatives default in performing this Agreement 27 or materially breach any of its provisions. 28 29 2. City shall have the right and opportunity to cure any such material 30 breach within the ten (10) day period. 31 32 C. Miscellaneous 33 34 Both parties agree that in the event the funding source requires 35 modifications to a pending application, Contractor will make the required 36 modifications. 37 38 XII. General Provisions 39 40 A. Entire Agreement of the Parties 41 42 1. This Agreement supersedes any and all prior proposals, 43 Agreements, understandings, or other Agreements, either oral or 44 written, between the parties regarding the rendering of services in 45 any manner whatsoever. • 11 ' 1 2 2. This Agreement contains all the covenants and agreements 3 between the parties and any modification of the Agreement shall 4 not be effective unless in writing and signed by both parties. 5 6 B. Severability 7 8 If a court of competent jurisdiction holds any provision of this Agreement 9 to be invalid, void or unenforceable, the remaining provisions shall 10 nevertheless continue in full force without being impaired or invalidated in 11 any way. 12 13 C. Government Documents 14 15 1. Contractor agrees to file wii necessa governmental documents, 16 including appropriate tax returns, reflecting its status as an 17 independent Contractor of City hereunder. 18 19 2. Should any governmental agency audit the files of either party and 20 request information on Contractor or City, Contractor and City 21 agree immediately to furnish such party with any records, including 22 tax returns, relating to such party's services rendered hereunder. 23 24 D. Non-Discrimination 25 26 Contractor shall comply with all applicable federal, state and local laws 27 and regulations with regard to its services rendered hereunder and shall 28 not discriminate on the basis of age, ancestry, color, gender, marital status, 29 medical condition, national origin, physical or mental disability, race, or 30 religion. 31 32 E. Recommendations 33 34 Both parties understand that Contractor may recommend vendors, 35 methodologies and other related matters during the course of this 36 Agreement. Both parties agree that such recommendations are based 37 solely on its knowledge or evaluations derived from its Contractor 38 experience. City accepts full responsibility for accepting or rejecting such 39 recommendations throughout the grant application and award process, and 40 shall only take such action having independently verified the 41 appropriateness of such vendors, methodologies or other matters for its 42 own needs. 43 12 1 2 F. Independent Contractor 3 4 1. All acts of Contractor, its agents, officers, subcontractors or 5 employees and all others acting on behalf of Contractor relating to 6 the performance of this Agreement, shall be that of independent 7 Contractors and not of agents, officers, subcontractors or 8 employees of City. This Agreement confers on Contractor no 9 authority to bind or obligate City. Contractor has no authority or 10 responsibility to exercise any rights or power vested in City. Both 11 City and Contractor understand that this Agreement shall not under 12 any circumstances be construed or be deemed to create an 13 employer-employee relationship or joint venture. 14 15 2. Contractor, its agents, officers, subcontractors and employees shall 16 represent and conduct themselves as independent Contractors and 17 not as employees of City at all times during the term of this 18 Agreement. 19 20 3. Contractor shall determine the method, details and means of 21 performing its work and services under this Agreement. 22 Contractor shall be responsible to City only for the requirements 23 and results specified in this Agreement, and, except as expressly 24 provided in this Agreement, shall not be subject to City's control 25 with respect to the means or methods Contractor shall employ to 26 fulfill its obligations hereunder. Contractor shall have full control 27 over the manner and means of performing its services hereunder. 28 29 4. As an independent Contractor, Contractor hereby indemnifies and 30 holds City harmless from any and all claims that may be made 31 against City based on any other party's contention that an 32 employer-employee relationship exists by reason of this 33 Agreement. 34 35 G. Exclusivity a 36 i 37 1. Contractor retains the right to provide services for others during the a 38 term of this Agreement and is not required to devote services a 39 exclusively to City. 40 1 41 2. City agrees not to use any other outside contractor or consultant to 42 research, target and write grants or related funding applications 43 during the term of this Agreement. 44 13 1 3. City retains the right to use City staff to write grant proposals and 2 pursue funding sources that City staff shall have researched, 3 targeted or solicited independent of this Agreement. 4 5 4. Where City and Contractor have identified potential grants directly 6 related to funding priority areas, City and Contractor agree that 7 Contractor shall have the first opportunity to solicit these sources. 8 9 H. Materials 10 11 1. All reports, drawings, designs, graphics and other incidental work 12 or materials Contractor furnishes hereunder shall become and 13 remain the property of City, and may be used by City without any 14 additional cost to City. 15 16 2. If, as part of this Agreement, Contractor is required to produce data 17 such as, but not limited to, drawings, plans, diagrams 18 specifications, calculations, models, flow diagrams, visual aids, 19 and other related materials, Contractor shall deliver the originals of 20 all such materials shall to City. 21 22 3. Contractor will return all copies of materials borrowed or 23 reproduced hereunder. Contractor agrees that all materials, data or 24 information obtained from City in performing this Agreement shall 25 at all times remain City's property. 26 27 4. City agrees that all materials, data and information produced or 28 used in the execution of services associated with this Agreement 29 may be reproduced or used outside this Agreement, for any reason, 30 without prior written consent of City. 31 32 I. Conflict of Interest 33 34 1. Contractor warrants that it presently has no interest and shall not 35 acquire any interest which would conflict with its performance or 36 services hereunder. Contractor further warrants that, in performing 37 this Agreement, it shall not employ any person having such an 38 interest. This clause shall in no way prohibit Contractor from 39 performing similar services for other Cities. 40 41 2. No member, official or employee of City shall be personally liable 42 to Contractor, or any successor in interest, in the event of any 43 default or breach by City, or for any amount which may become 44 due to Contractor or successor or on any obligations hereunder. 45 14 1 3. Contractor warrants that it has not paid or given, and will not pay 2 or give, any third person any money or other consideration for 3 obtaining this Agreement. 4 5 4. No member, official, or employee of City shall have any personal 6 interest, direct or indirect, in this Agreement, nor shall any such 7 member, official, or employee participate in any decision 8 hereunder which affects their personal interests, or the interests of 9 any corporation, partnership or association in which they are 10 directly or indirectly interested. 11 12 J. Assignment 13 14 Neither this Agreement nor any portion thereof may be assigned without 15 the express prior written consent of City. City understands and agrees that 16 Contractor uses and has maintained relationships with subcontractors who 17 perform research and writing services. 18 19 K. Waiver 20 21 If any party waives any breach of any provision of this Agreement, such 22 waiver shall be in writing and shall not operate or be construed as a waiver 23 of any other provision or subsequent breach of this Agreement unless so 24 specified in such waiver. 25 26 L. Headings Not Controlling 27 28 Headings used in this Agreement are for reference purposes only and shall 29 not be considered in construing this Agreement. 30 31 M. Insurance 32 33 1. Contractor shall provide, at its own expense, and maintain at all 34 times the following insurance, with an insurance company rated 35 A-VIII or better, and shall furnish original certificates and 36 amendatory endorsements affecting coverage. 37 38 a. Workers' Compensation 39 40 (i) Workers' Compensation coverage shall be 41 maintained as required by law, including employer's 42 liability limits of at least $1,000,000 per occurrence. 43 44 (ii) The Workers' Compensation insurer shall agree to 45 waive all rights of subrogation against City, its 15 I agents, officers, employees, and volunteers for 2 losses arising from work performed by Contractor 3 for City. 4 5 b. Professional Liability Insurance 6 7 (i) Contractor shall maintain professional liability 8 insurance (errors and omissions) in an amount not 9 less than $1,000,000 for any damages which may 10 arise, directly or indirectly, out of any errors and 11 omissions committed by Contractor in performing 12 this Agreement. 13 14 c. Comprehensive General Liability 15 16 (i) Insurance with a minimum limit per occurrence of 17 $1,000,000 for bodily injury and $100,000 for 18 property damage, or $2,000,000 combined single 19 limit. 20 21 (ii) This insurance shall indicate on the certificate of 22 insurance the following coverages and indicate 23 policy aggregate limit applying to: premise and 24 operations, broad form Agreement, independent 25 contractors and subcontractors, products and 26 completed operations, and/or professional liability. 27 28 d. Automobile Liability Insurance 29 30 (i) Contractor shall maintain motor vehicle liability 31 insurance (including non-owned and hired motor 32 vehicles) and excess liability insurance against all 33 claims for injuries against person or damages to 34 property which may arise from or in connection 35 with the operation of motor vehicles by Contractor, 36 Contractor's agents, representatives, employees or 37 subcontractors in the course and scope of providing 38 services to City. Liability insurance shall provide at 39 least for coverage in amounts of up to $75,000 40 property damage, $100,000 personal injury per 41 person, and $300,000 personal injury per incident. 42 43 16 i N. Non-Liability of Officials and Employees of City 2 3 No member, official, or employee of City or City shall be personally liable 4 to Contractor or any successor in interest, in the event of any default or 5 breach by City or for any amount which may become due to Contractor, its 6 successors, or on any obligations under the terms of this Agreement. 7 8 O. Governing Law 9 10 This Agreement shall be governed by the laws of the State of Oregon. 11 12 P. Bold Harmless and Indemnification 13 14 The parties agree to the following hold harmless agreement: 15 16 Contractor shall defend, indemnify and hold harmless the City, its officers, 17 officials; employees and agents from and against all losses, claims, 18 demands, payments, suits, actions, recoveries and judgments of every 19 nature and description brought, threatened or recoverable against it or 20 them by reason of any negligent or willful act of Contractor, its agents or 21 employees during the term of this Agreement, whether or not there is 22 concurrent negligence on the part of City, but excluding liability due to the 23 active negligence or willful misconduct of City. 24 25 Q. Effective Date 26 27 Unless otherwise specified herein; this Agreement shall become effective 28 as of the date on which the last of the parties, whether City or Contractor, 29 executes it. 30 31 R. Legal Proceedings/Dispute Resolution 32 33 The parties shall, to the extent reasonably feasible, use good faith efforts to 34 resolve disputes regarding the interpretation or application of any 35 provision of this Agreement. 36 37 I~ I 17 I XIII. Signatures: 2 3 City of Tigard, OR Randall Funding & Development, LLC 4 By: By: 5 6 Don Duncan, General Partner 7 8 9 tl • 10 Signature Signature 11 12 13 14 Date of Execution Date of E cecution 15 16 17 Attest to Legal Form 18 19 20 21 22 City Attorney 23 24 25 Attest to Form: 26 27 28 29 Clerk to the Council 30 31 Seal of City: 32 18 3-1-01 Reference: Telephone contact with Don Duncan Randall Funding and Development I talked on the telephone with Don on 3-1-01. He gave me a general overview of how the process works and some general info on them their success rate for grants they apply for is 65% to 70%. We talked about the current COPS grant opportunities I called three of their references: #1 James Edwards, Budget Director, Fort Bend County, TX 1-281-344-3937 He advised the Co was extremely hard working and quite successful, very aggressive and had gotten them several grants. Their grants were for 16 police officers, an electronic service delivery system to get info out to all the County residents, for transportation and environmental areas. He estimated they have received about $3 to 4 M. He said they come in a do a thorough needs assessment and then they keep in constant contact, advising of grant opportunities and new information. Not a down side but something he said you need to keep in mind that if you go this route be prepared they call constantly, they need a contact person that can get them the info they need (which sometimes can be voluminous and short turnaround, and then make sure you have adequate personnel to monitor the grants (the reporting that is required and also have match money available). Be prepared to get what you want and be very aware of the strings that are attached to all grants. #2 Mr. Andy Atkinson, Deputy Manager, New Hanover County, No Carolina. 1-910-341-7184 He said they were very please with the company and had been very successful. They have received 4 out of the 5 grants they applied for - about $3.5 M. The grants were in the COPS for more officers, a homeless Veterans grant, mental health, social services and transportation. He says each week they receive alerts about grants and information and then you decide what you want to pursue - the Co. assigns a contact person and then you are off - they are very aggressive. He also stated their contract stated there was a 10% cost for grants received over a certain amount and in mid-term he call the CO, and negotiated a gradual rate. He felt the 10% was too high. Even with them being on the East Coast the Co. has no problem in contacting them. #3 Lt. Doug Kingery, Bell Garden, Calif. PD 10562-806-7693 He said they are in a 2 year contract and his advise was hire them, excellent service and very aggressive. They applied for 5 grants, received 2 for $250,000 and one ar is pending. Their grant areas were for Beverage control and some kind of a first aid grant. Their PW is in the process of applying for 2 grants (total $1M) and they feel very good about their chances of getting it. He said they don't leave you alone, they are constantly calling. They are in the first year of a 2-year contract. Summary: They all made reference to making sure you have personnel for them to readily contact that can get them all the info (tons of info they will want) and that you have someone that will oversee the grants and that you have hard or soft match available. CITY OF TIGARD, OREGON REPORT TO MANAGEMENT FOR THE YEAR ENDED JUNE 30, 2000 i i i i PAULY, ROGERS AND CO., P.C. ® CERTIFIED PUBLIC ACCOUNTANTS October 17, 2000 • 12700 SW 72ND AVENUE • TIGARD, OREGON 97223 • (503) 620-2632 • FAX (503) 684-7523 To the City Council and Management City of Tigard, Oregon Tigard, Oregon As part of our audit of the financial statements of City of Tigard, Oregon (the City), for the year ended June 30, 2000, we considered its internal control structure. We also reviewed the accounting policies and procedures and evaluated the effectiveness of the existing system of internal accounting controls. The primary purpose of our review is to enable us, as your independent accountants, to render an opinion on your financial statements. This review gives us the opportunity to offer constructive suggestions to improve operational efficiencies, more effectively safeguard your assets, help you comply with laws and regulations, and inform you of important financial issues. The observations and recommendations attached do not include all possible recommendations that a more extended special review might develop. It only includes those areas of potential improvement that came to our attention during your audit. We believe our recommendations will generally be cost effective to the City. This report is intended solely for the use of management, the City Council, and the Secretary of State, Audits Division, and should not be used for any other purpose. We again thank Craig Prosser and his staff for their courtesies and cooperation extended during the audit. We would be pleased to discuss these recommendations further with you. We would also be pleased to help you in any implementation effort that you feel is warranted. r) H . CITY OF TIGARD, OREGON REPORT TO MANAGEMENT FOR THE YEAR ENDED JUNE 30, 2000 00-1. CONSIDER CERTAIN MODIFICATIONS TO GRANT PROCEDURES We noted several relatively minor issues that should be considered by the City as it receives and expends larger federal grants. Although we are in general satisfied with the manner in which the City expends its federal funds, if the City expends over $300,000 in such finds in a year, it will be subject to the more stringent examination required by OMB Circular A-133 (the Single Audit for grants). We understand that the 2000-2001 year may be a year when such a Single Audit is required. Strict requirements for purchasing procedures are included in the sometimes obscure language of most federal grants, even those passed through from state or county sources. We noted that it appears the City's purchasing manual follows these federal guidelines, but that the manual was not followed completely for all purchases. While immaterial violations of the procedures should not cause disallowance of federal reimbursements, it may put the City at risk of bid protests and other costly actions by prospective bidders. We recommend that the current manual be compared to OMB Circular A-87 - the federal grant rules - and then systems be implemented to assure that the rules are followed, especially for purchases for federally funded projects. We noted immaterial instances where federal grant revenues were not recorded in the same period as the related grant expenditures. This procedure was not significantly distorting when grants were small and collection was assured. As grants become larger, it is important that the revenue be accrued as expenditures are made, and that billings be made on a timely basis. If grant funding is received in advance, any amounts not earned should be set up as deferred revenue. It may be prudent to appoint a grant supervisor in the Finance area who's job is to assure all deadlines are met, that billings are timely, and that accounting matters are resolved to everyone's satisfaction. This individual should not have any authority over the functioning of the grant, but should have reporting authority to assure the City's interests are protected. We noted the City's affirmative action plan appears to be somewhat outdated. Since most grants require a plan to be in place and updated, a review of the status of the plan should be conducted as soon as possible. Additionally, as the plan is adopted, all City employees should be advised of its contents and encouraged to comply. If the City needs assistance in evaluating its plan and/or interpreting federal contract rules, we work with a firm that specializes in these matters. -2- CITY OF TIGARD, OREGON REPORT TO MANAGEMENT FOR THE YEAR ENDED JUNE 30, 2000 00-2. ASSURE GRANTS APPLICATION PROCEDURES ARE IN PLACE We have found that certain issues often occur in governments that are increasing their grant activity. Since the City is applying and using more grants in 2001 and beyond, we hope that our experience can be helpful. We believe that the best practice to use in applying for grants is to assign a team composed of operating personnel, policy setters and financial individuals to assure that grants applied-for meet the requirements of all of these groups. Often such a group can identify and correct problems that could cause difficulties after the grant was made. For instance, some grants require direct dollar or support match that would reduce resources available to other operations of the government. Providing match should only be agreed-to if the project fits the policy directives of the government. Similarly, we have seen situations where individuals who apply for grants have not been aware of federal rules, accounting system limitations, or the allocated costs that must be attached to grants. Without a full understanding of each of these issues, a city should not commit to a grant. For these reasons, we believe the City should formulate a policy that requires sign off on any application by designated staff of the City Manager, the Finance Director, and the department who will use the grant. 00-3. ASSURE PROPER NOTICE IS GIVEN OF BUDGET HEARINGS: In our review of budgetary matters, we noticed that the required separation of five days between the publishing of the two notices of the Budget Committee's initial meeting was not observed. We recommend that a publication schedule be established that assures compliance with all of the requirements of Oregon Local Budget Law. 00-4. PROVIDE LEGAL COLLATERAL AT ALL TIMES: During a short period in the year ended June 30, 2000, the City did not have sufficient collateral pledged by its depository bank to meet Oregon's collateral requirements. The collateral requirements are inflexible, and it is often difficult to anticipate the need to increase coverage. Additionally, the collateral provided under Oregon rules provides only minimal protection for the City's deposits if a bank or other financial institution was to become insolvent. Despite the inadequacies of the Oregon requirements, it is important that the City keep sufficient collateral in place at all times. We recommend that when significant deposits are anticipated at banks, that collateral be ordered several days ahead. As an alternative, it may be possible that larger payments be directly wired out of the State Investment Pool, avoiding the temporary infusion of high dollar amounts in the usually adequately collateralized checking accounts. Investments in the State Investment Pool do not require collateral. -3-