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City Council Packet - 11/08/2005
CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING November 8, 2005 COUNCIL MEETING WILL BE TELEVISED h0fs0onna's\GcpW 13125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. 3. For Agenda of Q43.05 CITY OF TIGARD OREGON Tigard City Council Meeting Minutes Date: November 8, 2005 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Absent: Agenda Item Discussion U Comments Action Items (follow up) Study Session Discuss Legal Interim Finance Director Imdieke and Buyer Interviews will take place Services Joe Barrett reviewed the number of proposals at 5 p.m. on Tuesday, Request for received and evaluation matrix criteria with November 15, prior to Proposals the City Council. City Council consensus was the CCDA and Council Review Process to have City staff participate in the interviews. meetings. The CCDA All firms that submitted applications will be meeting will start at 7 interviewed. p.m. with the Council meeting following the CCDA meeting. Study Session Discuss City Forester Matt Stine facilitated the Council members agreed Increasing the discussion. Tree Board members present: to the proposal. This Number of Robert Cancelosi, Jim Bray, Janet Gillis, and item will be before the Citizen-At- Rob Callan. Council at its November Large Members 22 City Council meeting Serving on the Tree Board Chair Gillis reviewed the request on the Consent Agenda. Tree Board to increase the number of Tree Board members. Tigard City Council Meeting Minutes November 8, 2005 - Page 1 Agenda Item Discussion 8t Comments Action Items (follow up) Study Session Discuss City Forester Stine and Tree Board members After discussion Council Amendments presented information to the City Council. and Tree Board members to Chapters Council indicated support modifications to the agreed more work is 18.745 and Code; however, concerns were noted by the needed. Councilor 18.790, Council with regard to limiting plantings to Wilson and Interim Landscaping native trees. Community Development and Screening, Director Coffee agreed to and Tree The goal of Tree Board was to remedy be involved in working on Removal, of situations where developers are required to this matter with the Tree the Tigard plant trees, but after 10-plus years, these trees Board. Municipal Code are not doing well; there is no canopy. Parking lot landscaping regulations need attention. Also plantings of invasive plant species have turned into a problem; "exotics" have been getting into natural areas. There was a suggestion that rather than a list of approved tree plantings, that a list of prohibited plant species be identified or a guideline recommending a percentage of native plantings be included in landscaping plans. Study Session > ADMINISTRATIVE ITEMS N An insert will be placed in the next Report/no action. Cityscape regarding Urban Renewal. 19 November 29 is Fifth Tuesday. Next Since these two Fifth Tuesday will be January 31. occurrences of a Fifth Tuesday are so close together, the City Council decided to cancel the November 29 meeting. Staff will post a notice on the web site noting the change. Tigard City Council Meeting Minutes November 8, 2005 - Page 2 Agenda Item Discussion a Comments Action Items (follow up) Study Session Z Krista Foltz, Tigard High School Envoy See Item 2 below. Continued - was unable to attend the meeting. Administrative Jillian Walker presented the report to Items the City Council. • Council discussed setting a date for the Council agreed to meet January 2006 goal-setting meeting. January 6, noon-5 p.m. • Select date to schedule a discussion on Council agreed to have annexation policy. discussion on annexation policy during the January 15 workshop meeting. 0 Urban Renewal Presentations to Taxing Districts Meeting with TVR&R is scheduled for Staff will attend. No City November 15, 7 p.m., which is during Council member will attend a City Council meeting. since this is at the same time as a City Council meeting. Meeting with County Board of Councilor Sherwood will Commissioners at 2 p.m. on attend with staff. November 22. • Discuss Downtown Task Force Council members will Membership and City Center Advisory contact members of the Commission Downtown Task Force and the CCAC to discuss roles The Council discussed roles of the and process. CCAC and the Downtown Task Force. The CCAC is required and its role defined as part of the City Charter and urban renewal plan process. Now that the Downtown Plan is complete, Council members will contact Task Force members to determine whether Task Force members, who are not serving on the CCAC, would be willing to serve on subcommittees to be formed for the urban renewal effort. Tigard City Council Meeting Minutes November 8, 2005 - Page 3 Agenda Item Discussion a Comments Action Items (follow up) Executive The Tigard City Council went into Executive There was discussion of Session Session at 7:20 p.m. under ORS 192.660 litigation issue only (2) (e) and (h) regarding a real estate because of time transaction and to consult with Legal Counsel constraints. Executive about litigation likely to be filed. Session recessed and continued after the end of the Business Meeting. 1. 1.1 Mayor Dirksen called the City Council and Business the Local Contract Review Board to Order Meeting at 7:36 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harding, Sherwood, Wilson, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications 8t Liaison Reports Councilor Harding reported on a recent meeting of the Tualatin Basin Natural Resources Committee. She referred to a potential Metro bond measure. Additional discussion will be held at the next meeting on December 12, 2005. 1.5 Call to Council and Staff for Non-Agenda Items - None 2. Citizen o Tigard High School Student Envoy Krista Report/no action. Communication Foltz was unable to attend. Jillian Walker presented the report and a copy of the highlights of THS activity last month is on file in the City Recorder's office. o Follow Up to Previous Citizen No action. Communication - No follow up. Tigard City Council Meeting Minutes November 8, 2005 - Page 4 Agenda Item Discussion & Comments Action Items (follow up) 3. 3.1 Approve Council Minutes for Motion by Councilor Consent September 20 and 27, 2005 Sherwood, seconded by Agenda Councilor Wilson, to approve the Consent Agenda as presented. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 3.2 Receive and File: Received a. Council Calendar b. Council Meeting Tentative Agenda 3.3 Approve Budget Amendment #6 - Approved Increase Appropriations for Mayor and Council Budget - Funding of Branding and Facilitator Contracts RESOLUTION NO. 05-66 - A RESOLUTION APPROVING BUDGET AMENDMENT #6 TO THE FY 2005-06 BUDGET TO INCREASE APPROPRIATIONS IN THE MAYOR AND COUNCIL BUDGET FOR THE FUNDING OF THE BRANDING AND FACILITATOR CONTRACTS 3.4 Approve Amendment to IGA with Approved Washington County for Administration of the Urban Area Security Initiative Grant Program Tigard City Council Meeting Minutes November 8, 2005 - Page 5 Agenda Item Discussion at Comments Action Items (follow up) .3. 3.5 Local Contract Review Board Approved Consent Agenda a. Award Contract for the Tigard Down- continued town Comprehensive Streetscape Project Design Services to OTAK, Inc. 4. Update - YAC Vice President Lindsey Boyce and Report/No action Youth Advisory Treasurer Alexander Carsh presented their Council and report to the City Council. Highlights Tigard Turns included: the Tide o Several YAC members attended leadership training recently. o YAC is sponsoring a dinner followed by a time for crafts at the Good Neighbor Center on December 3. o Third annual blanket drive is underway, now until December 2. o With assistance from City of Tigard Web Administrator Soares, the YAC has posted a web site and keeps it updated. o Reviewed a recent Washington County Youth Summit where the topic was tobacco, drug and alcohol abuse. Participants are working on a project. o Tickets were sold to a Meier U Frank Shopping Day, which benefited charities. o Participated in a Tigard High School Club Rush. YAC received responses to surveys and also were able to recruit some new members. o YAC is sponsoring a Youth Summit on March 16, 2006. Theme is Get a Voice, Be Heard. o YAC has 15 active members o Meetings are held on 1 S` and 3" Wednesdays at the Water Building, 6 p.m. Tigard City Council Meeting Minutes November 8, 2005 - Page 6 Agenda Item Discussion U Comments Action Items (follow up) 5. Amend Building Official Lampella presented the staff Motion by Councilor TMC Chapter report. Woodruff, seconded by 7.401. Councilor Sherwood, to Nuisances - During discussion Councilor Harding suggested adopt Ordinance No. Relating to the exceptions be limited to six days a week 04-14. Construction rather than the recommended seven days per Noise Hours week. Discussion followed. Those City The motion was Council members who expressed support approved by a majority stated they were doing so because it would be vote of Council present. easier to enforce (consistency) and the fact that some reduction in the length of time for Mayor Dirksen Yes noise was proposed. Councilor Harding No Councilor Sherwood Yes ORDINANCE NO. 05-14 -AMENDING Councilor Wilson Yes Councilor Woodruff Yes SECTION 7.40.180 OF THE TIGARD MUNICIPAL CODE FOR EXCEPTION TO PERMITTED NOISE. 6. Amend Building Official Lampella presented the staff Motion by Councilor TMC Chapter report. He reviewed the history of this item Wilson, seconded by 3.24, Systems noting the controversy about when to assess Councilor Sherwood, to Development fees for system development charges (SDCs): adopt Ordinance No. Charges, at the time of permit application or at the 05-15. Relating to time of permit issuance. Staff reviewed the Assessments issue and found that almost all surrounding The motion was jurisdictions collect SDC fees based on the approved by a unanimous date of application. vote of Council present. At the August 16, 2005, Council workshop, Mayor Dirksen Yes staff reviewed this matter with the City Councilor Harding Yes Council. The Council reviewed the Councilor Sherwood Yes information staff prepared regarding planning Councilor Wilson Yes Councilor Woodruff Yes and building fee assessment practices by neighboring jurisdictions. At this meeting, City Council directed staff to submit an ordinance to the City Council amending the Tigard Municipal Code specifying that City system development charges, based on a land use permit or building permit, will be assessed the rate in effect at the time of application. Tigard City Council Meeting Minutes November 8, 2005 - Page 7 Agenda Item Discussion U Comments Action Items (follow up) 6. Amend The Homebuilders Association supports the TMC Chapter proposed amendment. 3.2 4, Systems Development ORDINANCE NO. 05-15 - AMENDING Charges, SECTION 3.24.090 OF THE TIGARD Relating to MUNICIPAL CODE CLARIFYING THAT Assessments CITY SYSTEM DEVELOPMENT CHARGES Continued ARE ASSESSED BASED ON THE FEE IN EFFECT AT THE TIME OF PERMIT APPLICATION. 7. Add City Forester Stine and Tree Board Chair Gillis Motion by Councilor Chapter 9.08 presented the staff report. Chair Gillis Sherwood, seconded by to TMC, described the Heritage Tree Program, which Councilor Woodruff, to Heritage Trees was created by the Tree Board to identify and adopt Ordinance No. bring public awareness to very large and old 05-16. trees within the City limits. Heritage Trees should be distinguished and will be subject to The motion was review and approval by the Tree Board and approved by a unanimous City Council. vote of Council present. Mayor Dirksen Yes There is a requirement that a permit must be Councilor Harding Yes obtained for removal of a Heritage Tree. It Councilor Sherwood Yes was suggested that if a Heritage Tree is Councilor Wilson Yes diseased or damaged, that the cost of the Councilor Woodruff Yes removal permit be nominal; i.e., $1. Provisions for tree removal were reviewed. The City Forester would issue the removal permit and no fee is involved. Funds for this program are will become part of the function of the urban forestry division and budget. City Forester Stine confirmed that a press release on this program would be submitted if the City Council adopted the proposed ordinance. ORDINANCE NO. 05-16 - AN ORDINANCE ADDING A NEW CHAPTER 9.08 TO THE TIGARD MUNICIPAL CODE TO ADOPT THE HERITAGE TREE PROGRAM. Tigard City Council Meeting Minutes November 8, 2005 - Page 8 Agenda Item Discussion a Comments Action Items (follow up) 8. Conveyance City Engineer Duenas presented the staff Motion by Mayor of an Access report to the City Council. The issue before Dirksen, seconded by Easement to the City Council was whether to approve a Councilor Sherwood, to the Fields' conveyance of an access easement through the approve conveyance of Property library property following along the Wall access easement. Street alignment to provide access to the Fields' property adjacent and to the east of The motion was the library site. approved by a majority vote of Council present. Council discussed this matter with City Engineer Duenas. Issues included: Mayor Dirksen Yes o Prior agreement with Mr. Fields to provide Councilor Harding No reasonable access to his property. Councilor Sherwood Yes o City's plans to build Wall Street adjacent Councilor Wilson Yes Councilor Woodruff Yes to library property and also to increase size of the library parking lot. o Preservation of a potential alignment for Wall Street. o Councilor Sherwood and Councilor Woodruff indicated support if this satisfies the legal obligation to Mr. Fields. o Councilor Harding expressing concerns that she did not have sufficient information to make a decision on this matter. Business meeting concluded at 8:36 p.m. followed by an *Executive Session and review of Study Session items. *See notation on Executive Session on Page 4. 12. Adjournment Meeting adjourned at 10 p.m. /LL Attest: Catherine Wheatley, City ecor e ayor, ity o Tigard Date: /a - /310, iAadmkathy\ c recap. oc Tigard City Council Meeting Minutes November 8, 2005 - Page 9 ©Revised 1 1 /7/05 - Added Executive Session Topic TIGARD CITY COUNCIL MEETING CITY OF TIGARD NOVEMBER 8, 2005 6:30 p.m. OREGON TIGARD CITY HALL 13125 SW HALL BLVD 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. Citizen Communication 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 p.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. 2410 (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, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - NOVEMBER 8, 2005 page 1 AGENDA TIGARD CITY COUNCIL MEETING NOVEMBER 8, 2005 6:30 PM • STUDY SESSION > DISCUSSION OF LEGAL SERVICES RFP REVIEW PROCESS ■ Finance Staff > DISCUSSION OF INCREASING THE NUMBER OF CITIZEN-AT-LARGE MEMBERS SERVING ON THE TREE BOARD ■ Public Works Staff > DISCUSSION OF AMENDMENTS TO CHAPTERS 18.745 AND 18.7901 LANDSCAPING AND SCREENING, AND TREE REMOVAL, OF THE TIGARD MUNICIPAL CODE ■ Public Works Staff • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (2) (h) to consult with Legal Counsel regarding litigation likely to be filed. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) ■ Tigard High School Student Envoy Krista Foltz cannot attend this evening. Jillian Walker will present the report. ■ Follow-up to Previous Citizen Communication (Liz N.) COUNCIL AGENDA - NOVEMBER 8, 2005 page 2 7:40 PM 3. 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: 3.1 Approve Council Minutes for September 20 and 27, 2005 3.2 Receive and File: a. Council Calendar _ b. Council Meeting Tentative Agenda 3.3 Approve Budget Amendment #6 to the FY 2005-06 Budget to Increase Appropriations in the Mayor and Council Budget for Funding of the Branding and Facilitator Contracts - Resolution No. 05 - 66 RESOLUTION NO. 05-66 - A RESOLUTION APPROVING BUDGET AMENDMENT #6 TO THE FY 2005-06 BUDGET TO INCREASE APPROPRIATIONS IN THE MAYOR AND COUNCIL BUDGET FOR THE FUNDING OF THE BRANDING AND FACILITATOR CONTRACTS 3.4 Approve an Amendment to an Intergovernmental Agreement with Washington County for Administration of the Urban Area Security Initiative Grant Program 3.5 Local Contract Review Board: a. Award a Contract for the Tigard Downtown Comprehensive Streetscape Project Design Services to OTAK, Inc. • 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. 7:45 PM 4. UPDATE ON YOUTH ADVISORY COUNCIL ACTIVITIES AND TIGARD TURNS THE TIDE a. Staff Report: Administration Staff b. Council Discussion 7:55 PM 5. CONSIDER AN ORDINANCE AMENDING CHAPTER 7.40, NUISANCES, OF THE TIGARD MUNICIPAL CODE RELATED TO CONSTRUCTION NOISE HOURS a. Staff Report: Community Development Staff b. Council Discussion COUNCIL AGENDA - NOVEMBER 8, 2005 page 3 C. Council Consideration: Ordinance No. 05 - 14 Councilor: 1 move for adoption of the proposed Ordinance. Councilor: 1 second the motion. Mayor: Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) ORDINANCE NO. 05-14 - AN ORDINANCE AMENDING SECTION 7.40.180 OF THE TIGARD MUNICIPAL CODE FOR EXCEPTION TO PERMITTED NOISE Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Mayor: Ordinance No. 05-14 (is approved or fails) by a (unanimous or however votes were split) vote. Tie votes = fail 8:00 PM 6. CONSIDER AN ORDINANCE AMENDING CHAPTER 3.24, SYSTEMS DEVELOPMENT CHARGES, OF THE TIGARD MUNICIPAL CODE RELATED TO SYSTEM DEVELOPMENT CHARGE ASSESSMENTS a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Ordinance No. 05 - 15 Councilor: I move for adoption of the proposed Ordinance. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) ORDINANCE NO. 05-15 - AN ORDINANCE AMENDING SECTION 3.24.090 OF THE TIGARD MUNICIPAL CODE CLARIFYING THAT CITY SYSTEM DEVELOPMENT CHARGES ARE ASSESSED BASED ON THE FEE IN EFFECT AT THE TIME OF PERMIT APPLICATION Mayor: Is there any discussion? COUNCIL AGENDA - NOVEMBER 8, 2005 page 4 Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Mayor: Ordinance No. 05-15 is approved or fails) by a (unanimous or however votes were split)'vote. Tie votes = fail 8:05 PM 7. CONSIDER AN ORDINANCE ADDING CHAPTER 9.08, HERITAGE TREES, TO THE TIGARD MUNICIPAL CODE a. Staff Report: Public Works Staff b. Council Discussion C. Council Consideration: Ordinance No. 05 - 16 Councilor: I move for adoption of the proposed Ordinance. Councilor: 1 second the motion. Mayor: Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) ORDINANCE NO. 05-16 - AN ORDINANCE ADDING A NEW CHAPTER 9.08 TO THE TIGARD MUNICIPAL CODE TO ADOPT THE HERITAGE TREE PROGRAM Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Mayor: Ordinance No. 05-16 (is approved or fails) by a (unanimous or however votes were split) vote. Tie votes = fail 8:20 PM 8. CONSIDER CONVEYANCE OF AN ACCESS EASEMENT TO THE FIELDS PROPERTY a. Staff Report: Engineering Staff COUNCIL AGENDA - NOVEMBER 8, 2005 page 5 b. Council Discussion C. Council Consideration: Motion - Should Council approve the conveyance of an access easement across the library property to provide access to the Fields property east of the library site. 8:25 PM 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 8:40 PM 12. ADJOURNMENT 1:1acmlcathylcca12005t051108.doc COUNCIL AGENDA - NOVEMBER 8, 2005 page 6 City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD OREGON In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) .05- ( V. /57 cU C , which were adopted at the City Council meeting of 6 5- , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the 3 day of tiy0,,4 6reA- 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Building, 8777 SW Burnham, Tigard, Oregon Signature of Person who Performed Posting Subscribed d sworn (or affirmed) before me this day of 20 OFFICIAL SEAL Sig ature of Not Public for Oregon d JILL AA BYItRS NOTAR'Y' OTARY PUBLIC-OREGON COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14,20M \\TIG333\USR\DEPTS\ADM\GREER\FORMS\AFFIDAVITS\AFFIDAVIT OF POSTING - ORDINANCE.DOC C;) u0s° an&,yc.~ c City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD In the Matter of the Proposed Ordinances 05-01 through 05-16 OREGON K-0 n 0, OS l L~ Q1.. l to STATE OF OREGON ) County of Washington ) ss. ) ~l1oS City of Tigard ) I, Ucc-f hem ne its a,4 e ,being first duly sworn (or affirmed), by oath (or affirmation), depose an say: That I on December 15, 2005, I posted in the following public place, a copy of Ordinance Numbers 05-01 through 05-16, which were adopted by the City Council. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon GL--min r\-k Signature of Person who Perfo d Posting tYh Subscribed and sworn (or affirmed) before me this day of MMGi'I'I GK , 2005. OFFICIAL SEAL JILL M BYARS NOTARY PUBLIC-OREGON Signature of Notary Public for Oregon COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14,2M i:ladm\greer%formslaffdavds1a01dav0 of posting - 05 ordinances - 05-01 to 05.16 - permit center.doc AGENDA TIGARD CITY COUNCIL BUSINESS MEETING November 8, 2005 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • STUDY SESSION > DISCUSSION OF LEGAL SERVICES RFP REVIEW PROCESS ■ Finance Staff > DISCUSSION OF INCREASING THE NUMBER OF CITIZEN-AT-LARGE MEMBERS SERVING ON THE TREE BOARD • Public Works Staff > DISCUSSION OF AMENDMENTS TO CHAPTERS 18.745 AND 18.790, LANDSCAPING AND SCREENING, AND TREE REMOVAL, OF THE TIGARD MUNICIPAL CODE • Public Works Staff • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (2) (b) (e) and (h) to discuss discipline of public officers, to consider real property transaction negotiations, and to consult with Legal Counsel regarding litigation likely to be filed. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. After Executive Session and in open session, if staff was given direction from City Council, announce "Staff shall proceed as directed by the City Council during the Executive Session." > ADMINISTRATIVE ITEMS 0 An insert will be placed in next Cityscape regarding Urban Renewal. 0 November 29 is Fifth Tuesday. Next Fifth Tuesday will be January 31. O Under Citizen Communications - Krista Foltz is unable to attend. Jillian Walker will give the Tigard High School Student Envoy report. • Discuss date for a January City Council Goal-Setting meeting. • Discuss when to set an agenda item for annexation policy. • Discuss Council Representation at Urban Renewal Presentations to Taxing Districts • Discuss Downtown Task Force Membership See reverse side for Council Calendar. > COUNCIL CALENDAR November 10-12 Thurs - Sat League of Oregon Cities Conference - Eugene 11 Friday Veteran's Day - City Offices Closed 15* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 22* Tuesday Council Business Meeting - 6:30 pm, Town Hall 24-25 Thurs & Fri Thanksgiving Holiday - City Offices Closed (Police and Library Open) 29 Tuesday 5m Tuesday Council Meeting - 7-9 p.m., Tigard Water Auditorium 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 (2) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660(2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660(2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660(2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660(2) (e) - Real property transaction negotiations. 192.660(2) (f) - 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(2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660(2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660(2) (i) - 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 (2) (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 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. i:%sdm%cathylcouncittpink sheet - study session agendas12005b51025.doc AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE : NOV. 8, 2005 (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. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED CITIZEN COMMUNICATION Page 1 TIGARD HIGH LEADERSHIP 9000 SW DURHAM ROAD • TIGARD • DREGON• 97224 (503) 43 1 -551 B 0 FAX (503) 43 1 -541 0 HTTP://THS.TTSD.K 1 2.13R.US/LEADERSHIP/HOME.HTML ttiirig City Council Student Report: November 8,2005 .0054 , ,01 ess Student Envoy: Jillian Walker s`No L vActwities Director 1. Academics Judy Edtl a.1 day left until the end of the 1St quarter b. 78 Academic Awards (4.0 GPA) were Qresident awarded for the 3't' and 4t' quarter of last kris ta Foltz year Twice President: , < 11. Athletics Jllian WatkerY`, a. Boys/Girls Soccer in Playoffs activities: i. Won their first games, now play Jasmina t tonight (Girls @ S. Eugene and Dizdarevic Boys @ Sunset) b. Girls Water polo lost to Westview-in Svecretary r regional finals Friday in Corvallis Karyn Silva c. Justin Karr (Jr.) and Eric Kirch (Sr.) T,rMeasurer: went to state last weekend in X-Country 'Chariie-Sandbo @ Lane Comm. College i. Football plays Bend in 1" round ,:Human'Relations t this Friday 'Stephanie Shields-," III. Arts 1 '711--11 Assemblies: a. Choir Jae sp„echt i. Choralation took 2"d at the Metro Chamber Choir Festival on spirit October 29" at Jesuit High School u Lane Ronne b. Band =7 i. Received 1St in the Single A rPublicity ` Heidi Dickinson classification at the Fessstival or Bandsss at U of O. Tech Coordinator ii. Took 2"d this weekend at the Austin''Rufener Marching Band Finals Competition at OSU c. Theatre is Improva-Java held in late = September raised over $1,000 ii. "Dining Room" set to open later this month-runs through ~"s December IV. ACTIVITIES a. Halloween Rooms i. over 150 kids came to trick-or- treat the classrooms b. Veteran's Day Assembly tomorrow (Wednesday, November 9') L Veterans are welcome to refreshments @ 8:30, and recognition will be given at the assembly @ 9:10 ii. Please RSVP at (503) 431-5400 c. Canned Food Drive is Nov. 14th-23r L our goal is 15,000 cans ii. The Community Canned Food Drive is Saturday, Novmeber 19' from 9-3pm=where leadership students go around Tigard collecting cans MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council Agenda Item No. 3.2 a-, For Agenda of November 8. 2005 FROM: Cathy Wheatley, City Recorder DATE: October 25, 2005 SUBJECT: Three-Month Council Calendar Regularly scheduled Council meetings are marked with an asterisk November 8* Tuesday Council Business Meeting - 6:30 pm, Town Hall 10-12 Thursday - League of Oregon Cities Conference - Eugene Saturday 11 Friday Veteran's Day - City Offices Closed 15* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 22* Tuesday Council Business Meeting - 6:30 pm, Town Hall 24-25 Thurs & Fri Thanksgiving Holiday - City Offices Closed 29 Tuesday 5th Tuesday Council Meeting - 7-9 p.m., Tigard Water Auditorium December 13* Tuesday Council Business Meeting - 6:30 pm, Town Hall 20* Tuesday Council Business Meeting - 6:30 pm, Town Hall 26 Monday Christmas Holiday - City Offices Closed 27* Tuesday Council Business Meeting - 6:30 pm, Town Hall January 2 Monday New Year's Holiday - City Offices Closed 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 16 Monday Martin Luther King, Jr. Day Holiday - City Offices Closed 17* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 24* Tuesday Council Business Meeting - 6:30 pm, Town Hall 31 Tuesday 5th Tuesday Council Meeting - .7-9 p.m., Tigard Water Auditorium iAadmltity counciM-month calendar for 11-08-05 cc mt0.doc 3-Month Council Calendar - November 2005 to January 2006 Agenda Item No. J , Q Tigard City Council Tentative Agenda 2005 Meeting of NpY , Q005 i Meeting Date: November 15, 2005 Meeting Date: November 22, 2005 Meeting Date: November 29, 2005 Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Special/ 7-9 p.m. Location: City Hall Location: City Hall Location: Tigard Water Auditorium Greeter: Greeter: Greeter: Materials Due @ 5: November 1, 2005 Materials Due @ 5: November 8, 2005 Materials Due @ 5: Bid Opening Deadline: October 31, 2005 Bid Opening Deadline: November 7, 2005 Bid Opening Deadline: Scan Deadline @ noon: October 28, 2005 Scan Deadline @ noon: November 4, 2005 Scan Deadline @ noon: Req to Sched Due @5: October 14, 2005 Req to Sched Due @5: October 21, 2005 Req to Sched Due @5: Televised: No Televised: Yes Televised: No Attorney Attends: No Attorney Attends: No Attorney Attends: No Study Session CCDA/CC - Status Report on Urban Discuss Process for Goal Setting in January - Renewal Plan - 30 min. - Tom C. Craig P. - 10 min (CCDA/CC mtg. might be postponed or cancelled should there be no major updates FIFTH TUESDAY from the 10/31 Planning Com. Meeting or the Determine if Stacie Yost will facilitate... outreach meetings.) Time Available: 45 min - 10 scheduled/35 left Consent Agenda CC Workshop Meeting: Consider Increasing Tree Board Citizen-At Large Update on Potential Financial-Related Ballot Members from 4 to 5 - RES - Dennis - 15 min Measures from Other Jurisdictions - Tom I. 20 min. Insurance Coverage and Marketing Update Loreen - PPT - 20 min Police Accreditation - Bill - 15 min Business Meeting Branding/Logo Discussion - Liz (Need RS) Annual Police Report - Bill D. - 30 min. Council (not CCDA): Public Hearing Executive Session Topics:- - Urban Renewal Plan Hearing - RES - Land Acquisition for Park Purposes - Urban Renewal Ballot Title Adoption - PH - Dennis - 45 min RES - Duane 45 min.* - Pending litigation - Loreen - 15 min * If needed, continue to Dec. 13. Budget Amend 4 for GIS Coordinator -Tom I.- 10 min. PHQJ - Sunrise Annexation - ZCA 2005-0004 - Tom C. - 15 min. (cont. from 10/25/05) Time Avail.: 200 min. - Time Scheduled: 145 min Time Avail.: 135 min. - Time Scheduled: min Time Left: 50 min Time Left: min. 11/1/2005 Note: Chamber Reps on Citizen Com. 1 Tigard City Council Tentative Agenda 2005 Meeting Date: December 13, 2005 Meeting Date: December 20, 2005 Meeting Date: December 27, 2005 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Business/6:30 PM Meeting Typelrime: Business/6:30 p.m. Location:. City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: November 29, 2005 Materials Due @ 5: December 6, 2005 Materials Due @ 5: December 13, 2005 Bid Opening Deadline: November 28, 2005 Bid Opening Deadline: December 5, 2005 Bid Opening Deadline: December 12, 2005 Scan Deadline @ noon: November 25, 2005 Scan Deadline @ noon: December 2, 2005 Scan Deadline @ noon: December 9, 2005 Req to Sched Due @5: November 11, 2004 Req to Sched Due @5: November 18, 2005 Req to Sched Due @5: November 23, 2005 Televised: Yes Televised: No Televised: Yes Attorney Attends: Yes Attorney Attends: No Attorney Attends: No Study Session Study Session Meeting is now a Business Meeting Meeting Cancelled. Consent Agenda Consent Agenda Consent Agenda Appoint PC Members - RES - Tom C/Dick Present 4th Quarter Goal Update - Joanne Business Meeting Business Meeting Business Meeting Approve WCCLS IGA (May be on Consent) - Approve WCCLS IGA (May be on Consent) - Margaret - 10 min. (Alt. date -12/20/05) Margaret - 10 min. (Alt. date - 12/13/05) Amend Terms of Building Appeals Board - TMC 2.09 - Tom C. - 10 min. Need Request to Schedule - Standing Meeting: IWB - Dennis K. *Urban Renewal Items? * Opened on November 22, 2005 Time Avail: 135 min. - Time Scheduled: min. Time Avail.: 200 min. - Time Scheduled: min Time Avail.: 135 min. - Time Scheduled: min Time Left: min. Time Left: min. Time Left: min. Note: Chamber Reps on Citizen Com. 11/1/2005 2 Tigard City Council Tentative Agenda 2006 Meeting Date: January 10, 2006 Meeting Date: January 17, 2006 Meeting Date: January 24, 2006 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: December 27, 2005 Materials Due @ 5: January 3, 2006 Materials Due @ 5: January 10, 2006 Study Session Workshop Agenda Study Session Consent Agenda Consent Agenda Business Meeting Tigard Vision - 2005 Accomplishments Update - Liz & Loreen - 20 min Business Meeting ZOA - TDC Section 18.520.050 c.1 - Allow 1.0 FAR where .4 FAR is Now Allowed (ZOA 2005-00002) - Tom C. - 30 min Time Avail.: 135 min. - Time Scheduled: min Time Avail.: 200 min. - Time Scheduled: min Time Avail.: 135 min. - Time Scheduled: min Time Left: min. Time Left: min. Time Left: min. 11/11/2005 1 3,y City Council Document Transmittal. CITY OF TIGARD To:/,~;i OREGON From: ' Date: I'm sending you: Document Type: ~IGA ❑ Contract ❑ Other Document Name: Vr A rp- a V1/1c sh. Cam. ~ Approved at the Council Meeting of: Number Copies Included: c) yr', j i nctls Your document(s) have been signed by the Mayor our document(s) have been signed by the City Manager ❑ Y6 r document(s) requires an additionsl signature(s) ❑ Wh all signatures have been obtained, file an original document with City o Tigard Records ❑ Additional instructions: 0~ e_ 0('i~Tj ncd 1014S a4/L.- - 2D 6. C.Dr-0S I:\ADM\FORMS\CITY COUNCIL DOCUMENT TRANSMITTAL.DOC Date/Time Stamp New records City of Tigard, Oregon Transmittal Form Department:''] Account: Date: e? c) Prepared by: Exte sion: q1 0 Date: Retention Retention Record Series Description: From To Code: Period: Title: AM eel -?LO )/;Da 0:5- kpVaLV-D~15' ~r (X Dcj,2~ rte` - ,0441 6t Lk-~ a-v~ ll. vs TO BE COMPLETED BY RECORDS DIVISION STAFF Received by: Date Medium: Received: Clerk's Index: Clerk's Index Record Identification Yes ❑ No ❑ Date of Entry: Code: I: \RECO RDS\TEMPLATE\TRAN SMTL. DOT ,.Cathy Wheatley _ , Re IGA for UASI Page 1 J From: MIKE LUECK To: Cathy Wheatley Date: 11/28/2005 8:33:40 AM Subject: Re: IGA for UASI Thanks Cathy! "Taking Care of the Community" Mike Lueck Public Works Department Safety Coordinator City of Tigard Emergency Management Coordinator Off - 503-718-2593 Cell - 503-784-7789 Fax 503-684-8840 MIKEL@tigard-or.gov "To be prepared against surprise is to be trained. To be prepared for surprise is to be educated." Cathy Wheatley 11/28 8:29 AM Hi Mike, I got the last signature last Tuesday night. I have three originals. I'll send you two and send one to Records. Cathy Cathy Wheatley, Tigard City Recorder 639-4171 Ext. 2410 NEW E-MAIL ADDRESS: cathy cDtigard-or.gov MIKE LUECK 11/23 2:24 PM Cathy, Can you tell me the status of the IGA that was signed on November 8th by the council with respect to Urban Area Security Initiative (UASI) grant process. I need to get Scott Porter one original signed copy so that the other affected jurisdictions can also complete the same process. I'm probably way behind and its already been done, if so'thanks, if not can you help? Thanks again and have a fantastic holiday. "Taking Care of the Community" Mike Lueck Public Works Department Safety Coordinator City of Tigard Emergency Management Coordinator Off - 503-718-2593 Cell - 503-784-7789 Fax 503-684-8840 MIKEL(ci)tigard-or.gov "To be prepared against surprise is to be trained. To be prepared for surprise is to be educated." AMENDMENT This is an amendment to an existing intergovernmental agreement (IGA) between Washington County, Oregon (County) and the City of Tigard, Oregon (City) for the coordination of activities related to the purchase of equipment, supplies, professional services, and training being funded by the United States Department of Homeland Security's Urban Area Security Initiative (UASI) grant program. A copy of the original IGA, identified as BCC # 04-1266 is attached. Back round Washington County entered into an agreement with the City on March 9, 2005 for management of FY-03 and FY-04 UASI grant funds awarded to the City. The agreement committed the County to coordinate grant-related procurement, reimbursement and reporting activities with the City and obligated the City to comply with the terms of the FY-03 and FY-04 grant contracts and with the grant procurement and reimbursement processes. The County's agreement with the City is open-ended and remains in effect until the mutual covenants expressed in the agreement have been fully satisfied or until it is terminated due to the failure of one of the parties. Since adoption of the earlier agreement, the Portland Urban Area has been awarded a FY- 05 UASI grant totaling $10,391,037 and the adopted grant program budget includes funding for the City. The FY-05 UASI grant contract is substantially similar to those for the FY-03 and FY-04 grants and the procurement and reimbursement procedures remain unchanged. Both parties to the earlier agreement desire to continue the relationships and obligations contained in that agreement, while acknowledging and committing themselves to compliance with the FY-05 UASI grant contract and conditions. Agreement 1. The County agrees: To continue coordination of grant-related procurement, reimbursement, and reporting activities with the City consistent with the processes developed to manage those activities and with the City's prior UASI grant agreement with the County. 2. The City agrees: a) That it has read the award conditions and certifications for the FY-05 UASI grant, that it understands and accepts those conditions and certifications, and that it agrees to comply with all the obligations and be bound by any limitations applicable to the grantee under that grant document; and b) To continue compliance with the purchasing and reimbursement processes required by the grants, the City's prior UASI grant agreement with the County, and the grant administrator; and c) To continue compliance with all other obligations contained in the City's prior UASI grant agreement with the County. 3. The parties agree to incorporate by this reference the entire FY-05 UASI grant into this amended IGA, with the specific intent that the city will be obligated to adhere to the FY-05 UASI grant terms, obligations and conditions to the same extent and under the exact same conditions agreed to for the FY-03 and FY-04 UASI grants. 4. This amendment shall be effective upon final signature of the parties, and shall continue in effect until all mutual covenants expressed in the original agreement and this amendment have been fully satisfied or until the agreement, as amended, is terminated due to the failure of one of the parties hereto to perform. All other provisions of the original intergovernmental agreement shall remain in effect. Washington County OCT 1 8 2005 "yc Date APPROVED AS TO FORM fl)r, ►A ~t " Date 200 S- Attorney City of Tigard n Date APPROVED AS TO FORM ~ II / Date -2 1 APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS MINUTE ORDER # !2.6,34 ( DATE BY ` r~ll~r.... CLERK OF THE AAD OU V. L/7- 14-e-W w 1 INTERGOVERNMENTAL AGREEMENT Between WASHINGTON COUNTY, OREGON and THE CITY OF TIGARD, OREGON THIS IS an intergovernmental (IGA) between Washington County (County) and the city of Tigard (Agency) entered into pursuant to the authority granted in ORS Chapter 190 for the coordination of activities related to the purchase of equipment, supplies, professional services, and training being funded by the United States Department of Homeland Security's Urban Area Security Initiative (UASI) grant program. Recitals WHEREAS, the United States Department of Homeland Security, Office for Domestic Preparedness, provided UASI grant funding in the amount of $6,764,956 in Fiscal Year 2003 and $8,112,992 in Fiscal Year 2004 to the state of Oregon for distribution to the Portland, Oregon Urban Area to address the area's unique equipment, training, planning, and exercise needs and to assist the area in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the state of Oregon. awarded UASI Grant # 03-071 to the city of Portland, Office of Emergency Management (POEM), as Grantee, for Fiscal Year 2003 in the amount of $6,764,956, a copy of which is attached to this Agreement and incorporated herein as Exhibit A; and WHEREAS, the state of Oregon awarded UASI Grant #04-071 to the city of Portland, Office of Emergency Management (POEM), as Grantee, for Fiscal Year 2004 in the amount of $8,112,992, a copy of which is attached to this Agreement and incorporated herein as Exhibit B; and WHEREAS, UASI Grants #03-071 and #04-071 are intended to increase the ability of the Portland, Oregon Urban Area, which includes jurisdictions in Multnomah, Clackamas, Columbia and Washington counties in Oregon and Clark County in Washington, to prevent, respond to, and recover from chemical, biological, radiological, nuclear and explosive (CBRNE) events; and WHEREAS, after extensive, coordinated discussions between state and urban area officials, a list of equipment, supplies, professional services, and training to be purchased for or by jurisdictions in the urban area has been developed; and 1 0 . WHEREAS, the city of Portland, as Grant Administrator, is required to oversee and coordinate the expenditure of the UASI grant funds and has developed procedures to guide the procurement, delivery, and reimbursement processes; and WHEREAS, the city of Portland, as Grant Administrator, is required to make periodic reports to the state of Oregon regarding the expenditure of the UASI grant funds and has developed procedures to coordinate the collection and submission of information and documents needed to support the reporting process; and WHEREAS, the city of Portland and all other urban area jurisdictions that receive direct benefit from UASI grant purchases are required to comply with all terms of the UASI grants including, but not limited to, obligations regarding access to records and supplanting of funds; and WHEREAS, the city of Portland entered into agreements with the urban area counties.to secure their commitment to follow the city-developed procurement, delivery, reimbursement, and reporting procedures, to ensure their compliance with all terms of the UASI grants, and to obligate them to coordinate with and obtain similar assurances from directly benefiting jurisdictions within the respective counties; and WHEREAS, the County entered into an agreement with the city of Portland on September 1, 2004 and accepted responsibility for coordinating the UASI grant processes within the County. NOW, THEREFORE, the Parties agree as follows: 1. The County agrees: To coordinate grant-related procurement, reimbursement, and reporting activities with directly benefiting jurisdictions in the County consistent with the processes developed by the city of Portland to manage those activities. 2. The Agency agrees: a) That it has read the award conditions and certifications for grants #03-071 and #04-071, that it understands and accepts those conditions and certifications, and that it agrees to comply with all the obligations, and be bound by any limitations applicable to the city of Portland, as grantee, under those grant documents; b) To comply with the purchasing and reimbursement processes required by the grants, this Agreement, and the city of Portland; 2 c) To appropriately use and conserve all UASI.funded equipment, supplies and/or materials provided for CBRNE incident prevention, preparedness, response, and recovery; d) That all equipment, supplies, and services provided by the city of Portland to the Agency are as described in the approved grant budget documents, which the Agency has seen. e) To treat all single items of equipment valued over $5,000 as fixed assets and to provide the city of Portland with a list of such equipment showing dates of purchase, equipment description, serial numbers, and locations where the equipment is housed or stored. f) That any request or invoice it submits for reimbursement of costs for Agency staff training is consistent with the training identified in the approved grant budget documents, which the Agency has seen. g) That the Agency understands and accepts full financial responsibility and may not be reimbursed for costs incurred for training which has not been approved by the state and the U.S. Department of Homeland Security, Office for Domestic Preparedness, even though that training may appear on the approved grant budget documents. h) That the Agency will not deviate from the items listed in the approved grant budget documents without first securing written authority from the city of Portland. i) That any public statement by the Agency referring to the receipt of UASI funded equipment, supplies, services, or training shall indicate that the funds for the purchase came from the U.S. Department of Homeland Security, Office for Domestic Preparedness, Urban Area Security Initiative grant program and the percent or dollar amount of federal funds used in the purchase. j) To maintain and retain accounting and financial records in accordance with Generally Accepted Accounting Principles (GAAP) and the standards of the Office of Comptroller set forth in the May 2002 Office of Justice Program (OJP) Financial Guide, including without limitation in accordance with the Office of Management and Budget (OMB) Circulars 87, A-102, A-122, A-128, A-133. [All of these documents are to be retained for a minimum of six years after the contract has been awarded and available for review, upon request, to federal, state, and city of Portland employees or their agents or officers. Review may occur at any time, even after six years, if the records are still available.] 3 k) To obtain copies of all federal regulations with which the Agency must comply. 1) Not to supplant its local funds with federal and to, instead, use the federal funds to increase the amount of funds that, in the absence of federal aid, would be made available to the Agency to fund programs within the Urban Area Security Initiative grant program guidelines. m) To list the city of Portland as a party to be held harmless and, subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, indemnified by the Agency and any contractor or subcontractor thereof, for any injury to person or property arising out of the equipment, supplies, or services provided under this Agreement, and as a party to whom a listed duty is due. 3. Effective Date and Duration. This Agreement shall be effective from the date both parties have signed and shall continue in effect until all mutual covenants expressed herein have been fully satisfied or until the Agreement is terminated due to the failure of one of the parties hereto•to perform. 4. Amendment. This Agreement may be amended by written agreement of both parties but must remain consistent with the requirements of the Urban Area Security initiative program, the UASI grants from the state to the city of Portland, and the city of Portland's UASI grant agreement with the County. 5. Termination. Either party may terminate this Agreement in the event the other fails to comply with its obligations under the Agreement. If the Agreement is terminated due to the Agency's failure or inability to comply with the provisions of the grants or the Agreement, the Agency will be liable to the city of Portland for the full cost of any equipment, materials, or services provided by the city of Portland to the Agency, and of any penalties imposed by the state or federal government. Each party will notify the other, in writing, of its intention to terminate this Agreement and the reasons therefore. The other party shall have fourteen days, or such other time as the parties may agree, from the date of the notice in which to correct or otherwise address the compliance failure which is the subject of the notice. 6. Governing Law. This contract shall be governed by and construed in accordance with the laws of the state of Oregon, without regard to principles of conflicts of law. Any claim, action, suit or proceeding that arises from or relates to this contract shall be brought and conducted exclusively within the Circuit Court of Washington County for the state of Oregon. In the event a claim is brought in a federal forum, then it shall be brought and conducted solely and exclusively in the United States District Court for the District of Oregon. 4 7. Counterparts. This contract may be executed in several counterparts, each of which shall be an original, all of which shall constitute one and the same instrument. 8. Survival. The terms, conditions, representations and all warranties in this contract shall survive the termination or expiration of this contract. 9. Force Majeure. Neither party shall be held responsible for delay or default caused by fire, riot, acts of God, or war where such cause was beyond reasonable control. Each party shall 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 obligations under this contract. 10. Indemnification. Subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, the Agency shall hold harmless, indemnify and defend the County, its commissioners, employees and agents from any and all claims, damages, losses, and expenses, including but not limited to reasonable attorneys fees arising out of or resulting from agency's performance of or failure to perform the obligations of this contract. 11. Third Party Beneficiaries. The County and the Agency are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing in this contract gives, or is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such persons are individually identified by name herein. 12. Successors in Interest. The terms of this Agreement shall be binding upon the successors and assigns of each party hereto. 13. Entire Agreement. The parties agree an d acknowledge that this Agreement is a complete, integrated agreement that supersedes any prior understandings related to implementation of the FY-03 and FY-04 UASI program grants and that it is the entire agreement between them relative to those grants. Washington County ~t!vw1 Date 12 1'~ - 04 ;Chairman Boaid of Commissioners APP VED AS TO FORM ,-<CJ Date 3 -C,) q Attorney AYNHOVE:D WASHINGTON COUNTY BOARD OF COMMIIS/SIONL/E'RJS MINUTE ORDER H .-.a••~• I. I ~ u DATE . ......._......~..I.A»».. r11 cqK C1F THE R ARn City of Tigard Date APPROVED AS TO. ORM V Date tomey ' 6 OREGON OFFICE OF HOMELAND SECURITY CRIMINAL JUSTICE SERVICES DIVISION URBAN AREAS SECURITY INITIATIVE - CFDA # 97.008 GRANT AWARD CONDITIONS AND CERTIFICATIONS PROGRAM NAME: Portland Urban Area FY05 UASI GRANT NO: #05-071 Grant GRANTEE: City of Portland FY 2005 AWARD: $10,391,037 ADDRESS: Portland Office of Emergency AWARD PERIOD: 5/1/05 thtu 12/31/06 Management (POEM) 1001 SW Fifth Avenue, Suite 650 Portland, OR 97204 PROGRAM CONTACT: Mike McGuire TELEPHONE: (503) 823-2691 mmcguirena,ci.pordand or.us FAX: FISCAL CONTACT: Sarah Liggett TELEPHONE: (503) 823-2055 BUDGET REVENUE Federal Grant Funds $10,391,037 TOTAL REVENUE: $10,391,037 EXPENDITURES Equipment $6,513,462 Explosive Device Mitigation $115,276 Physical Security Enhancement $850,625 Incident Response Vehicles $400,000 Citizen Corps Program $194,017 Planning $1,305,757 Training $652,124 Exercises $100,000 Administration $259,776 TOTAL EXPENDITURES: $10,391,037 This document along with the terms and conditions and grant application attached hereto and any other document referenced constitutes an agreement between the Criminal Justice Services Division (CJSD) of the Oregon Office of.Homeland Security and the Grantee. No waiver, consent, modification or change of terms of this agreement shall be binding unless agreed to in writing and signed by both the Grantee and CJSD. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The Grantee, by signature of its authorized representative, hereby acknowledges that he/she has read this agreement, understands it, and agrees to be bound by its terms and conditions (including all references to other documents). Failure to comply with this agreement and with applicable state and federal rules and guidelines may result . in the withholding of reimbursement, the termination or suspension of the agreement,'denial of future -grants, and/or damages to CJSD. Page 1 -City of Portland 179394 TERMS AND CONDITIONS I. CONDITIONS OF AWARD A. The Grantee agrees to operate the program as described in the application and to expend funds in accordance with the approved budget unless the Grantee receives prior written approval by CJSD to modify the program or budget. CJSD may withhold funds for any expenditure not within the approved budget or in excess of amounts approved by CJSD. Failure of the Grantee to operate the program in accordance with the written agreed upon objectives contained in the grant application and budget will be grounds for immediate suspension and/or termination of the grant agreement. B. The Grantee agrees that all publications created with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from the Office of State and Local Government Coordination and Preparedness (SLGCP), United States Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of SLGCP or the U:S. Department of Homeland Security. C. The Grantee agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." D. Maintenance Retention and Access to Records: Audits. 1. Maintenance and Retention of Records. The Grantee agrees to maintain accounting and financial records in accordance with Generally Accepted Accounting Principles (GAAP) and the standards of the Office of the Comptroller set forth in the March 2005 Office of Justice Programs (OJP) Financial Guide, including without limitation in accordance with Office of Management and Budget (OMB)Circulars A-87, A-102, A-122, A-128, A-133. All financial records, supporting documents, statistical records and all other records pertinent to this grant or agreements under this grant shall be retained by the Grantee for a minimum of five years for purposes of State of Oregon or Federal examination and audit. It is the responsibility of the Grantee to obtain a copy of the OJP Financial Guide from the Office of the Comptroller and apprise itself of all niles and regulations set forth. 2. Retention of Equipment Records. Records for equipment shall be retained for a period of three years from the date of the disposition or replacement or transfer at the discretion of the awarding agency. Title to all equipment and supplies purchased with funds made available under the SHSGP shall vest in the Grantee agency that purchased the property, if it provides written certification to CJSD that it will use the property for purposes consistent with the Urban Areas Security Initiative Grant Program. 3. Access to Records. CJSD, Oregon Secretary of State, the Office of the Comptroller, the General Accounting Office (GAO) or any of their authorized representatives, shall have the right of access to any perdnent•books, documents, papers, or other records of Grantee and any contractors or subcontractors of Grantee, which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. The right of.access is not limited to the required retention period but shall last as long as the records are retained. 4. Audits. If Grantee expends $500,000 or more in Federal funds (from all sources) in its fiscal year, Grantee shall have a single organization-wide audit conducted in accordance with the provisions of OMB Circular A-133. Copies of all audits must be submitted to CJSD within 30 days of completion. If Grantee expends less than $500,000 in its fiscal year in Federal funds, Grantee is exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate officials as provided in Section I.D.1 herein.. 5. Audit Costs. Audit costs for audits not required in accordance with OMB Circular A-133 are unallowable. If Grantee did not expend $500,000 or more in Federal funds in its fiscal year, but contracted with a certified public accountant to perform an audit, costs for performance of that audit shall not be charged to the grant. Page 2 - City of Portland ' d, b FJ rO b E. Fundin . 1. Matching Funds. This Grant does not require matching funds. 2. Supplantin~._The Grantee certifies that federal funds will not be used to supplant state or local funds, but will be used to increase the amount of funds that, in the absence of federal aid, would be made available to the Grantee to fund programs consistent with Urban Areas Security Initiative Grant Program guidelines. F. Reports. Failure of the Grantee to submit the required program, financial, or audit reports, or to resolve program, financial, or audit issues may result in the suspension of grant payments and/or termination of the grant agreement. 1. Progress Reports. Initial Strategy Implementation Plan (ISIP), and Biannual Strati Implementation Report MSIR). The Grantee agrees to submit two types of semi-annual reports on its progress in meeting each of its agreed upon goals and objectives. One is a narrative progress report that addresses specific information regarding the activities carried out under the FY 2005 Urban Areas Security Initiative Grant Program and how they address identified project specific goals and objectives. Progress reports are due January 17, 2006; July 18, 2006; and January 15, 2007 or whenever Requests for Reimbursement are submitted, whichever comes first. Narrative reports may be submitted separately or included in the "Project Notes" section of the BSIR. The second is a set of web-based applications that details how funds are linked to one or more projects, which in turn must support specific goals and objectives in the State or Urban Area Homeland Securitv Strate. The first report, the Initial Strategy Implementation Plan (ISIP), is due by May 9, 2005. Biannual Strategy Implementation Reports (BSIR) must be received no later than July 15, 2005, January 17, 2006; July 18, 2006; and January 15, 2007. A final BSIR will be due 90 days after the grant award' period. Examples of information to be captured in the ISIP and BSIR include: ■ Total dollar amount received from each funding source • Projects(s) to be accomplished with funds provided during the grant award period. • State or Urban Area Homeland Security Strategy goal or objective supported by the project(s). ■ Amount of funding designated for each discipline from each. grant funding source. • Solution area which expenditures will be made and the amount that will be expended under each solution area from each grant funding source. ■ Metric and or narrative discussion indicating project progress / success. Any progress report, Initial Strategy Implementation Plan, or Biannual Strategy Implementation Report that is outstanding for more than one month past the due date may cause the suspension and/or termination of the grant. Grantee must receive prior written approval from CJSD to extend a progress report requirement past its due date. 2. Financial Reimbursement Reports. a. In order to receive reimbursement, the Grantee agrees to submit a signed Request for Reimbursement (RFR) which includes supporting documentation for all grant expenditures. RFRs may be submitted quarterly but no less frequently than semi-annually during the term of the grant agreement. At a minimum, RFRs must be received no later than January 31, 2006; July 31, 2006; and January 31, 2007. Reimbursements for expenses will be withheld if progress reports are not submitted by the specified dates or are incomplete. b. Reimbursement rates for travel expenses shall not exceed those allowed by the State of Oregon. Requests for reimbursement for travel must be supported with a detailed statement identifying the person who traveled, the purpose of the travel, the times, dates, and places of travel, and the actual expenses or authorized rates incurred. Page 3 - City of Portland c. Reimbursements will only be made for actual expenses incurred during the grant period. The Grantee agrees that no grant funds may be used for expenses incurred before May 1, 2005 or after December 31, 2006. d. Grantee shall be accountable for and shall repay any overpayment, audit disallowances or any other breach of grant that results in a debt owed to the Federal Government. C) SD shall apply interest, penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards and OMB Circular A-129. 3. Audit Reports. Grantee shall provide CJSD copies of all audit reports pertaining to this Grant Agreement obtained by Grantee, whether or not the audit is required by OMB Circular A-133. G. Indemnification. The Grantee shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, defend, save, hold harmless, and indemnify the State of Oregon and CJSD, their officers, employees, agents, and members from all claims, suits and actions of whatsoever nature resulting from or arising out of the activities of Grantee, its officers, employees, subcontractors, or agents under this grant. Grantee shall require any of its contractors or subcontractors to defend, save, hold harmless and indemnify the State of Oregon, Criminal Justice Services Division, and the Oregon Office of Homeland Security, their officers, employees, agents, and members, from all claims, suits or actions of whatsoever nature resulting from or arising out of the activities of subcontractor under or pursuant to this grant. Grantee shall, if liability insurance is required of any of its contractors or subcontractors, also require such contractors or subcontractors to provide that the State of Oregon, Criminal Justice Services Division, and the Oregon Office of Homeland Security and their officers, employees and members are Additional Insureds, but only with respect to the contractor's or subcontractor's services performed under this grant. H. Copyright and Patents. 1. Copvriht. If this agreement or any program funded by this agreement results in.a copyright, the CJSD and the Office for Domestic Preparedness reserve a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes, the work or the copyright to any work developed under this agreement and any rights of copyright to which Grantee, or its contractor or subcontractor, purchases ownership with grant support. 2. at nt. If this agreement or any program funded by this agreement results in the production. of patentable items, patent rights, processes, or inventions, the Grantee or any of its contractors or subcontractors shall immediately notify CJSD. The CJSD will provide the Grantee with further instruction on whether protection on the item will be sought and how the rights in the item will be allocated and administered in order to protect the public interest, in accordance with federal guidelines. I. No Implied Waiver Cumulative Remedies. The failure of Grantor to exercise, and any delay in exercising any right, power, or privilege under this Agreement.shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power; or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. J. Governing Law: Venue' Consent to jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit, or proceeding (collectively,,"Claim' between. Grantor (and/or any other agency or department of the State of Oregon) and Grantee that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court for the State of Oregon; provided, however, if the Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Grantee, By Execution Of This Agreement, Hereby Consents To The In Personam Jurisdiction Of Said Courts. K Notices. Except as otherwise expressly provided in this Section, any communications between the parties hereto or notice to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same by registered or certified mail, postage prepaid to Grantee or Grantor at the address or number set forth on page 1 of this Agreement, or to such other addresses. or numbers as either party may hereafter indicate pursuant to this section. Any communication or notice so addressed and sent by registered or certified mail Page 4 - City of Portland shall be deemed delivered upon receipt or refusal of receipt. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. The parties also may communicate by telephone, regular mail or other means, but such communications shall not be deemed Notices under this Section unless receipt by the other party is expressly acknowledged in writing by the receiving party. L. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective successors and assigns, except that Grantee may not assign or transfer its rights or obligations hereunder or any interest herein without the prior consent in writing of Grantor. M. Survival. All provisions of this Agreement set forth in the following sections shall survive termination of this Agreement: Section LC (Maintenance, Retention and Access to Records; Audits); Section LE (Reports); and Section I.F (indemnification). N. Severability. If any tetra or provision of this Agreement is declared by a court of. competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. 0. Relationship of Parties. The parties agree and acknowledge that their relationship is that of independent contracting parties and neither party hereto shall be deemed an agent, partner, joint venturer or related entity of the other by reason of this Agreement. II. Grantee Compliance and Certifications A. Debarment. Suspension. Ineligibility and Voluntary Exclusion. The Grantee certifies by accepting grant funds that neither it nor its principals are presently debarred, suspended,, proposed for debarment, declared ineligible, nor voluntarily excluded from participation in this transaction by any Federal department or agency. (This certification is required by regulations published May 26, 1988, implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 69 and 28 CFR Part 67.) B. Standard Assurances and Certifications Regarding Lobbying. The Anti-Lobbying Act, 18 U.S.C. § 1913, was amended to expand significantly the restriction on use of appropriated funding for lobbying. This expansion also makes the anti-lobbying restrictions enforceable via large civil penalties, with civil fates between $10,000 and $100,000 per each individual occurrence of lobbying activity. These restrictions are in addition to the anti- lobbying and lobbying disclosure restrictions imposed by 31 U.S.C. § 1352. The Office of Management and Budget (OMB) is currently in the process of amending the OMB cost circulars and the common rule (codified at 28 C.F.R. part 69 for DOJ grantees) to reflect these modifications. However, in the interest of full disclosure, all applicants must understand that no federally-appropriated funding made available under this grant program may be used, either directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express approval of the U.S. Department of Justice. Any violation of this prohibition is subject to a minimum $10,000 fuze for each occurrence. This prohibition applies to all activity, even if currently allowed within the parameters of the existing OMB circulars. C. Compliance with Applicable Law. The Grantee agrees to comply with all applicable laws, regulations, and guidelines of the State of Oregon, the Federal Government and CJSD in. the performance of this agreement, including but not limited to: 1. The provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Operating Policies; Part 30; Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Non-Discrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures, and Federal laws or regulations applicable to Federal assistance programs. 2. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646). 3. Section 102(a) of the Flood Disaster Protection Act of 1973, P.L. 93-234, 87 Stat.97, approved December 31, 1976. Page 5 -City of Portland x.793 94 4. Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 5. National Environmental Policy Act of 1969, 42 USC 4321 et seq. 6. Flood Disaster Protection Act of 1973, 42 USC 4001 et seq. 7. Clean Air Act, 42 USC 7401 et seq. 8. Clean Water Act, 33 USC 1368 et seq. 9. Federal Water Pollution Control Act of 1948, as amended, 33 USC 1251 et seq. 10. Safe Drinking Water Act of 1974, 42 USC 300f et seq. 11. Endangered Species Act of 1973, 16 USC 1531 et seq. 12. Wild and Scenic Rivers Act of 1968, as amended, 16 USC 1271 et seq. 13. Historical and Archaeological Data Preservation Act of 1960, as amended, 16 USC 469 et seq. 14. Coastal Zone Management Act of 1972, 16 USC 1451 et seq. 15. Coastal Barrier Resources Act of 1982, 16 USC 3501 et seq. 16, Indian Self-Determination Act, 25 USC 450f. 17. Hatch Political Activity Act of 1940, as amended, 5 USC 1501 et seq. 18. Animal Welfare Act of 1970, 7 USC 2131 et seq. 19. Demonstration Cities and Metropolitan Development Act of 1966, 42 USC 3301 et seq. .20. . Federal Fair Labor Standards Act of 1938 (as appropriate), as amended, 29 USC 201 et seq. D. Certification of Non-discrimination. 1. The Grantee, and all its contractors and. subcontractors, certifies that no person shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any activity funded under this agreement on the basis of race, color, age, religion, national origin, handicap, or gender. The Grantee,,and all its contractors and subcontractors, assures compliance with the following laws: a.. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; b. Title IV of the Civil Rights Act of 1964, as amended; c. Section 504 of the Rehabilitation Act of 1973, as amended; d. Title II of the Americans with Disabilities Act (ADA) of 1990, e. Title IX of the Education Amendments of 1972; f. The Age Discrimination Act of 1975; g. The Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; h. The Department of justice regulations on disability discrimination, 28. CFR Part 35 and Part 39. 2. In the event that a Federal or State court or administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, age, religion, national origin, handicap or gender against the Grantee or any of its contractors or subcontractors, the Grantee or any of its contractors or subcontractors will forward a copy of the finding to the Criminal Justice Services Division (CJSD). CJSD will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. Page 6 - City of Portland 04 . E. Civil Rights Compliance. All recipients of federal grant funds are required, and Grantee agrees, to comply with nondiscrimination requirements of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq. (prohibiting discrimination in programs or activities on the basis of race, color, and national origin); Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. §3789d(c)(1) (prohibiting discrimination in employment practices or in programs and activities on the basis of race, color, religion, national origin, and gender); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq. (prohibiting discrimination in employment practices or in programs and activities on the basis of disability); Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131 (prohibiting discrimination in services, programs, and activities on the basis of disability); The Age Discrimination Act of 1975, 42 U.S.C. § 6101-07 (prohibiting discrimination in programs and activities on the basis of age); and Title.IY of the Education Amendments of 1972, 20 U.S.C § 1681 et seq. (prohibiting discrimination in educational programs or activities on the basis of gender). F. Equal Employment Opportuni1y Program. If the Grantee, or any of its contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population with a minority representation of three percent or more, the Grantee, or any of its contractors or subcontractors, agrees to formulate, implement and maintain an equal employment opportunity program relating to employment practices affecting minority persons and women. If the Grantee, or any of its contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population with a minority representation of less than three percent, the Grantee or any of its contractors or subcontractors, agrees to formulate, implement and maintain an equal employment opportunity program relating to its practices affecting women. The Grantee, and any of its contractors and subcontractors, certifies that an equal employment opportunity program as required by this section will be in effect on or before the effective date of this agreement. Any Grantee, and any of its contractors or subcontractors, receiving more than $500,000, either through this agreement or in aggregate grant funds in any fiscal year, shall in addition submit a copy of its equal employment opportunity plan at the same time as the application submission, with the understanding that the application for funds may not be awarded prior to approval of the Grantee's, or any of its contractors or subcontractors, equal employment opportunity program by the Office for Civil Rights, Office of]ustice Programs. If required to formulate an Equal Employment. Opportunity Program (ESOP), the Grantee must maintain a current copy on file which meets the applicable requirements. G. Services to Limited English Proficient (LEP Persons. Recipients of ODP financial assistance are required to comply with several federal civil rights laws, including Title VI of the Civil Rights Act of 1964, as amended. These laws prohibit discrimination on the basis of race, color, religion, national origin, and sex in the delivery of services. National origin discrimination includes discrimination on the basis of limited English proficiency. To ensure compliance with Title VI, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language -assistance services, including oral, and written translation, where necessary. Grantees are encouraged to consider the need for language services for LEP persons served or encountered both in developing their proposals and budgets and in conducting their programs and activities. Reasonable costs associated with providing meaningful access for LEP individuals are considered allowable program costs. For additional information, please see btw: / /www.le,eov. H. National Environmental Policy Act (~_N1EPA): Special Condition for U.S Department of justice Grant Progams. 1. Prior to obligating grant funds, Grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. Grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the Grantee, a contractor, subcontractor or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. new construction; b. minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year floodplain; c. a renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change. in its basic prior use or (b) significantly change its size; and Page 7 - City of Portland d. implementation of a new.program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. 2. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the Grantee's or its contractors' or subcontractors' existing programs or activities that will be funded by these grant funds, the Grantee, upon specific request from the Office for Domestic Preparedness, agrees to cooperate with the Office for Domestic Preparedness in any preparation by the Office for Domestic Preparedness of a national or program environmental assessment of that funded program or activity. I. Certification Regarding Drug Free Workplace Requirements. Grantee certifies that it will provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing a drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The Grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Requiring that each employee engaged in the performance of the grant be given a copy of the employer's statement required by paragraph (a). 4. Notifying the employee that, as a condition of employment under the award, the employee will: a. Abide by the terms of the statement; and b. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later that five days after such conviction. 5. Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 6. Taking one of the following actions, within 30 days of receiving notice, with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee, up to and including termination; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by federal, state, or local health, law enforcement,' or other appropriate agency. l 7. Making a good faith effort to continue to maintain a drug-free workplace. III. Suspension or Termination of Funding The Criminal Justice Services Division may suspend funding in whole or in part, terminate funding, or impose another sanction on an Urban Areas Security Initiative Grant Program recipient for any of the following reasons: A. Failure to comply substantially with the requirements or statutory objectives of the Urban Areas Security Initiative Grant Program guidelines issued thereunder, or other provisions of federal law. B. Failure to make satisfactory progress toward the goals and objectives set forth in the application. C. Failure to adhere to the requirements of the grant award and standard or special conditions. Page 8 - City of Portland D. Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected. E. Failing to comply substantially with any other applicable federal or state statute, regulation, or guideline. Before imposing sanctions, the Criminal Justice Services Division will provide reasonable notice to the Grantee of its intent to impose sanctions and will attempt to resolve the problem informally. IV. Grantee Representations and Warranties Grantee represents and warrants to Grantor as follows: 1.. Existence and Power. Grantee is a political subdivision of the State of Oregon. Grantee has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute and deliver'this Agreement and incur and perform its obligations hereunder. 2. Authority. No Contravention. The making and performance by Grantee of this Agreement (a) have been duly authorized by all necessary action of Grantee, (b) do not and will not violate any provision of any applicable law; rule, or regulation or order of any court, regulatory commission, board or other administrative agency or any provision of Grantee's articles of incorporation or bylaws and (c) do not and will not result in the breach of,, or constitute adefault or require any consent under any other agreement or instrument to which Grantee is a party or by which Grantee or any of its properties are bound or affected. 3. Binding Obligation. This Agreement has been duly authorized, executed and delivered on behalf of Grantee and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with its terms. 4. Approvals. No authorization, consent, license, approval of, filing or registration with, or notification to, any governmental body or regulatory or supervisory authority. is required for the execution, delivery or performance by Grantee of this Agreement. Carmen Merlo, Director. Date Criminal Justice Services Division Oregon Office of Homeland Security 4760 Portland Road NE Salem, OR 97305 (503) 378-4145 ext, 545 - 41 as ~s Signature of A o ed Grantee Official D e t o rn f o 4W M A y o IZ-- Name/Tide APPROVED AS TO FORM Page 9 - City of Portland ~T'Y ATTORNEY AGENDA ITEM # ..3 . ,3 FOR AGENDA OF November 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Approving Budget Amendment #6 to the FY 2005-06 Budget to Increase Appropriations in the Mayor & Council Budget for Funding of he Brandin and Facilitator Contracts. PREPARED BY: Michelle Wareing DEPT HEAD OK CITY MGR OK M6V ISSUE BEFORE THE CO CIL Shall the City Council approve Budget Amendment # 6 to increase appropriations in the Mayor & Council budget to fund the contracts for branding/logo creation and facilitation? STAFF RECOMMENDATION Staff recommends approval of Budget Amendment #6. INFORMATION SUMMARY On May 17, 2005, the City Council interviewed two candidates for graphic design consulting services to redesign Tigard's graphic identity. Glen Marcusen was selected and the contract with Marcusen Design was set not to exceed $10,500. The cost of this contract was not budgeted for in the FY 2005-06 Mayor & Council budget. The City Council has contracted with Joe Hertzberg to provide facilitation services for Council's strategic planning and team building sessions. The contract was set not to exceed $2,000. The cost of this contract was not budgeted for in the FY 2005-06 Mayor & Council budget. The Mayor & Council budget does not have sufficient appropriations to cover the cost of these two contracts. This budget amendment will increase appropriations in the Mayor & Council budget by $12,500 and reduce the General Fund Contingency by the same amount. OTHER ALTERNATIVES CONSIDERED Do not approve Budget Amendment #6. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST Resolution including Attachment A FISCAL NOTES This resolution will transfer $12,500 from the General Fund Contingency to the Mayor & Council Division Budget. Of this total, $10,500 is for the branding/logo contract and $2,000 is for facilitator contract. AGENDA ITEM # FOR AGENDA OF 11-8-05 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approval of Amendment of Intergovernmental Agreement (IGA between Washington County and the City of Tigard for Administration of Urban Area Security Initiative (UASI) Grant Program. PREPARED BY: Dennis Koellermeier DEPT HEAD OK CITY MGR OK -t,'Q14fY C h ISSUE BEFORE THE COUNCIL Should the City Council approve and authorize the City Manager to sign the Amendment to the IGA between Washington County and the City of Tigard to continue coordination of activities related to the administration of the UASI grant? STAFF RECOMMENDATION Staff recommends approval of the Amendment to the IGA with Washington County. INFORMATION SUMMARY On March 9, 2005, the City of Tigard entered into an intergovernmental agreement with Washington County for the management of FY-03 and FY-04 grant funds awarded to the City. The IGA between Washington County and the City of Tigard provides for the coordination of activities related to the purchase of equipment, supplies, professional services, and training being funded by the United States Department of Homeland Security's Urban Area Security Initiative grant program. The original agreement stipulated that if and when funding was awarded to the City of Tigard, an amendment would be requested. Since adoption of the earlier agreement, the Portland Urban Area has been awarded a FY-05 UASI grant totaling $10,391,037 and the adopted grant program budget includes funding for the City. The FY-05 grant contract is substantially similar to those for the FY-03 and FY-04 grants and the procurement and reimbursement procedures remain unchanged. The City of Portland is the grant administrator and is required to oversee and coordinate the expenditure of the UASI grant funds. Both parties to the earlier agreement desire to continue the relationship and obligations contained in that agreement, while acknowledging and committing themselves to compliance with the FY-05 grant contract and conditions of the UASI. OTHER ALTERNATIVES CONSIDERED Do not approve the Amendment to the IGA. If the Amendment to the IGA is not approved, the City will not be eligible to receive funds which may be allocated to Tigard by the UASI grant. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Public Safety Goal #3, Strategy 2 states: Coordinate Tigard emergency response providers. Tigard Policy Mission, Vision & Goals Statement - partnering with citizens and other departments. ATTACHMENT LIST Amendment to IGA with Washington County and the City of Tigard Copy of Intergovernmental Agreement between Washington County and the City of Tigard Grantee Copy of Grant Award Conditions and Certifications FISCAL NOTES There is no cost involved in amending this agreement. This amendment will allow the City of Tigard to participate in future regional Homeland Security grant applications. AGENDA ITEM # 3. 5~L FOR AGENDA OF November 8, 2005 CITY OF TIGARD, OREGON LOCAL CONTRACT REVIEW BOARD (LCRB) AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for Design Services for the Tijzard Downtown Comprehensive Streetsca e Project OR V G PREPARED BY: Vannie Nguuy DEPT HEAD OK Agustin P. Duenas CITY MGR OK Craig Prosser ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Should the Local Contract Review Board approve the contract award for design services for the Tigard Downtown Comprehensive Streetscape Project (Phase 1) and authorize the City Manager to enter a separate contract at a later date with the same consultant (assuming satisfactory negotiations and agreement on price) to complete the design for the subsequent two phases, Commercial Streetscape (Phase 2) and Burnham Street Improvements (Phase 3)? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to OTAK, Inc. in the amount of $175,000.00 and authorize an additional amount of $17,500.00 to be reserved for contingencies and applied as needed as the design for Tigard Downtown Comprehensive Streetscape (Phase 1) progresses toward completion. The total amount committed to Phase 1 is therefore $192,500.00. Staff also requests Council to authorize the City Manager to execute an additional contract with the same consultant when the scope of services for Commercial Streetscape (Phase 2) and Burnham Street Improvements (Phase3) can be further defined. The initial fee estimate for both phases is $393,000. INFORMATION SUMMARY The Tigard Downtown Improvement Plan (TDIP) was recently completed as a result of the combined efforts of the Tigard community, Downtown Task Force and City staff. The TDIP identifies eight "catalyst projects" and smaller-scale "brand-Tigard" projects with the potential to enhance the development environment of downtown Tigard. The first priority of the eight catalyst projects is to create a Comprehensive Streetscape Plan for the downtown area. Burnham Street Improvements and Commercial Streetscape are currently included in the FY 2005-06 Capital Improvement Program for design and right-of-way acquisition and construction respectively. Since the design elements for both streets may be modified to incorporate the recommendations of the Comprehensive Streetscape Plan, staff decided to include Burnham Street Improvements and Commercial Streetscape iii the same plan to be designed and completed as one project to retain design consistency and minimize work effort. On August 2, 2005, Engineering and Community Development staff prepared a Request for Proposal for design services for Tigard Downtown Comprehensive Streetscape (Phase 1), Commercial Streetscape (Phase 2) and Burnham Street Improvements (Phase 3). On August 11, 2005, staff conducted a pre-proposal conference to clarify the design requirements outlined in the proposal packet. Although eight firms attended the conference, only four consultants turned in proposals on August 23, 2005. The proposals were evaluated by a consultant selection committee consisting of the Council President, the City Engineer, two Downtown Task Force members and three staff from the Engineering and Community Development departments. A maximum of 100 points was assigned for the technical and fee aspects of the written proposals. The top three firms, Group McKenzie, Walker Macy, and OTAK, were invited to the interviews, which were conducted on September 8, 2005. After the interviews, OTAK, Inc. appeared to be the leading candidate for selection, subject to clarification of certain aspects of their proposal and presentation. The committee requested a Supplemental Proposal from the firm to provide that clarification. Based on OTAK's project understanding and approach as presented in their proposal, presentation and supplemental proposal, the selection committee feels confident the consultant possesses the capabilities, qualifications and resources to perform the required services and is the firm best qualified for selection on this project. However, because certain design elements from Phase 1 will affect the design effort and fee estimates for Phases 2 & 3, staff recommends Council approval of the contract award for Phase 1 only. Once the specific design concepts are established for Phase 1, staff will discuss with the consultant a final work plan and fee for Phases 2 & 3 with the intention of executing an additional contract for these phases at that time. The current fee estimate for both phases is $393,000. The consultant indicates that the project will have a high public profile requiring frequent communications with the general public, key stakeholders, the City Center Advisory Commission (CCAC) and the Downtown Task Force (DTF) during the development of the project. A "Design Dialogue" process will be implemented to allow input from all participants to be heard before reaching consensus on a design theme and concepts. The process will involve numerous discussions, public meetings, work sessions, presentations to ensure partnership, enthusiasm and real sense of project involvement from these people. Phase 1 will also establish design concepts for Commercial Street (west of Main Street), Main Street and Burnham Street and their associated gateways. The overall theme plan, street functional improvements and green street design strategies will also be preliminarily developed in Phase 1 for other streets to be designed in the future. OTHER ALTERNATIVES CONSIDERED Award all three phases at the current fee estimates. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST Project map FISCAL NOTES The amount of $350,000 is available in the FY 2005-06 Gas Tax Fund for the Tigard Downtown Comprehensive Streetscape (Phase 1). The funding is sufficient to award a contract of $175,000 to OTAK, Inc. and to reserve a contingency amount of $17,500 for Phase 1. The amounts of $150,000 and $300,000 are available in the same fund for Commercial Streetscape (Phase 2) and Burnham Street Improvements (Phase 3) respectively. The total funding of $450,000 is adequate to enter into an additional contract with the same consultant for Phases 2 & 3. 11eng\2005-2000 ty dptdowntown streetscape, commercial and burnham design\dp\council -consultant selection 2005\11-08-05 downtown streetscape design service ais.doc X J; : x *k t' .low .e'. ` m, 40, ee A' lkiv y N Y X a Yv t. Y ~I•••rn... For newsletter: Agenda Item No. 3.5 a., Award of Contract for Design Services for the Tigard Downtown Comprehensive Streetscape Project, is attached, which includes a color map. The agenda item summary was submitted to the Council in the November 8 packet; however, the map was not attached. AGENDA ITEM # 4- FOR AGENDA OF November 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Update on Youth Advisory Council Activities and Tigard Turns the Tide PREPARED BY: Liz Newton ~ V DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Report on the activities of the Tigard Youth Advisory Council (TYAC) and Tigard Turns the Tide. STAFF RECOMMENDATION No action necessary, information only. INFORMATION SUMMARY At their meeting on November 2, 2005 the Youth Advisory Council members discussed their presentation before the City Council. Members of the Youth Advisory Council will report on last year's activities and plans for the coming year, including the webpage, 3rd Annual Blanket Drive and the upcoming Youth Summit. In addition, staff will update Council on the activities of Tigard Turns the Tide. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST N/A FISCAL NOTES There is no cost associated with this action. iAadmtcity cmmcilkounci1 agenda item summaries\2005\ais for yac - ttt update051108.doc10/19105 AGENDA ITEM # Jj' FOR AGENDA OF November 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amend Tigard Municipal Code - Change Permitted Construction Noise Hours PREPARED BY: Ggg Lampella DEPT HEAD OK C CITY MGR OK 61(' ISSUE BEFORE THE COUNCIL Should Council approve an Ordinance amending Title 7 of the Tigard Municipal Code (TMC), Sections 7.40.180 E, F, H, and I, revising the hours allowed for construction noise? STAFF RECOMMENDATION Staff recommends that City Council approve the proposed Ordinance revising the allowable hours of construction and other tool noise to 7:00 a.m. to 7:00 p.m., seven days a week. INFORMATION SUMMARY Staff attended a Council workshop on June 21, 2005 to discuss the exceptions to allowable noise levels in Title 7 of the Tigard Municipal Code, which was last revised in 1990. Construction noise includes those activities associated with development projects, home construction, and home improvement activities, such as deck construction, etc. Due to a citizen complaint about excessive construction noise, staff gathered allowable noise regulation information from 19 other jurisdictions. The intent was to compare the City of Tigard regulations against the 19 other jurisdictions to determine whether the City's ordinance is consistent with others. Staff presented City Council with a compilation of the 19 other surrounding jurisdictions showing their local rules on permitted noise hours, as well as Tigard's current language. Council preferred consistent hours for weekends and weekdays rather than having different hours for each. They pointed out that the City of Beaverton had hours of 7:00 a.m. to 7:00 p.m. which was much more clear and consistent. City Council directed staff to return in the fall with an ordinance changing the noise exception hours in the TMC to 7:00 a.m. to 7:00 p.m., seven days a week. This would coincide with the change from daylight to standard time and would not affect summer construction activity. OTHER ALTERNATIVES CONSIDERED Keep the existing language found in Title 7, Sections 7.40.180 E, F, H, and I, of the Tigard Municipal Code. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Attachment 1: Proposed Ordinance Exhibit A: TMC Title 7, Sections 7.40.180 E, F, H, and I, with proposed language changes FISCAL NOTES There is no budgetary impact. AGENDA ITEM # (D FOR AGENDA OF November 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amend Tigard Municipal Code to Clarify System Development Charge Assessments PREPARED Gary Lampella DEPT HEAD OK CITY MGR OK ~6Z C ISSUE BEFORE THE COUNCIL Should Council approve an Ordinance amending Chapter 3.24 of the Tigard Municipal Code (TMC), Section 3.24.090, identifying the system development charge rate as the rate in effect at the time of permit application? STAFF RECOMMENDATION Staff recommends Council approve the proposed Ordinance amending Section 3.24.090 of the Tigard Municipal Code. INFORMATION SUMMARY On January 11, 2005, staff attended the City Council Executive Session seeking direction on when a new System Development Charge (SDC) should be levied. The question arose when applicants for building permits were told that an increased Parks SDC fee would be assessed based on permit issuance date rather than permit application date. Past practice has varied over the years as to what date these fees were assessed. Some rates were assessed based on the permit issuance date and some on the permit application date. The controversy focused largely on residential projects that were in the plan review process and permits had not yet been issued. An increase in the Park SDC fee was scheduled to take effect on January 1, 2005. Letters from the Metropolitan Portland Homebuilders Association were received appealing our process of collecting the fees based on the charge in effect on the date of issuance. Their particular concerns were that many builders budgeted their projects on the previous fees, only to be told later that the fees had increased. They also questioned whether the City would purposely hold up permits in order to collect a higher fee. At that time, Council directed staff to base the fee amount on the fee that was in place on the date of application for the current projects under review. Applications received after December 31, 2004 would be assessed the new rate. Staff was then to return at a later date with a recommendation to amend the TMC so it was clear that the fees would be based on those in effect at the time of permit issuance. Since that time, staff reviewed the issue further and found that almost all surrounding jurisdictions, with the exception of the cities of West Linn and Tualatin, collect their SDC fees based on the date of application. On August 16, 2005, staff again requested direction from City Council at their monthly workshop session. Community Development staff provided information from neighboring jurisdictions on their fee assessment processes. Staff also presented a chart showing Planning and Building fee assessments and the collection methodology. All building permit fees and land use fees are based on the date of application. As of July 1, 2005, Clean Water Services changed their policy from assessing fees based on issuance date to application date to make it consistent with fees that other jurisdictions charge. The Countywide Traffic Impact Fees are also based on application date. Based on this information, staff was directed to bring an Ordinance back to City Council amending the Tigard Municipal Code specifying that City System Development Charges based on a land use permit or building permit will be assessed the rate in effect at the time of application. OTHER ALTERNATIVES CONSIDERED Keep the current language in the TMC. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Attachment 1: Proposed Ordinance Exhibit A: Tigard Municipal Code Chapter 3.24, with proposed language changes FISCAL NOTES Although there may be instances of applicants attempting to submit early applications to be granted a previous rate assessment, Community Development has application completeness standards that will help prevent this. Otherwise, there should be no fiscal impact on this change. 0 AGENDA ITEM # FOR AGENDA OF November 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider an Ordinance adding Chapter 9.08, Heritage Trees, to the Tigard Municipal Code. n PREPARED BY: Matt Stine DEPT HEAD OK hp4----'CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council consider adopting the ordinance adding Chapter 9.08, Heritage Trees to the Tigard Municipal Code? STAFF RECOMMENDATION Review the proposed Heritage Tree Program. Consider adopting the Heritage Tree Program. INFORMATION SUMMARY The Heritage Tree Program was created by the Tigard Tree Board as a method to identify and bring public awareness to very large and old trees growing within the City limits. This program will offer incentives to private landowners who have a heritage tree growing on their property. It also contains requirements to obtain a permit for Heritage Tree removal and sanctions for removing Heritage Trees without a permit. For that reason, the program is being adopted by Ordinance and will be incorporated into the Municipal Code. OTHER ALTERNATIVES CONSIDERED Do not review the Heritage Tree Program. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Tigard Beyond Tomorrow, Community Character and Quality of Life - Volunteerism; Goal #1: The City will maximize the effectiveness of the volunteer, spirit to accomplish the greatest good for our community. ATTACHMENT LIST Heritage Tree Program Ordinance Exhibit A - Heritage Tree Program guidelines and rules FISCAL NOTES There will be incentives offered to homeowners for their participation in the Heritage Tree Program such as the City paying for pruning, necessary soil amendments, maintenance of the Heritage Tree and a plaque for each tree. Funding requirement approximations are listed below: • $70.00 - $100.00 per plaque per tree (a rough estimate provided by a plaque manufacturer). • $60.00/hr. for pruning and soil amending X 15 man-hours = $900.00 per tree ($150 per year from then on). • $500.00 for pamphlet and map design, layout and printing. • $500.00 per year in extra staff time. Each Heritage Tree will require approximately $1,500 for initial tree care and official Heritage Tree designation. AGENDA ITEM # FOR AGENDA OF November 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY IS TITLE Approval of an Access Easeme% to the Fields Provertv low, PREPARED BY: A.P. Duenas DEPT HEAD OK A.P. Duenas CITY MGR OK;!~ C ISSUE BEFORE THE COUNCIL Shall the City Council approve conveyance of an access easement through the library property following along the Wall Street alignment to provide access to the Fields property adjacent to and east of the library site? STAFF RECOMMENDATION Staff recommends that Council approve, by motion, conveyance of an access easement to Fred Fields along the library property following the Wall Street alignment and authorize the City Manager to finalize and execute the documents necessary to grant the easement. INFORMATION SUMMARY The purchase of the Fields property for the new Tigard Library eliminated access to the property east of the library site. The purchase of the Library property included assurances to Mr. Fields that he would be provided reasonable access to his property east of the Library site. The License Agreement executed on November 14, 2002 as part of the purchase of the Library property required the City to provide a 50-foot wide easement along the south Library property line, if Wall Street is not built to cross Fanno Creek for access to the Fields property east of the creek. The City does plan to build a portion of Wall Street sufficient to provide access to both the library and Fanno Pointe Condominiums, but has no plans to extend Wall Street beyond that point. The segment of Wall Street to be constructed by the City does follow along an alignment that would allow for crossing of the railroad tracks and connection to Hunziker Street, if that becomes possible at some point in the future. Mr. Fields could theoretically extend the street along the south library property line beyond the City's project limits to cross Fanno Creek and access the property on the opposite side of the creek. However, this alignment does not work well with the enhancements planned for that area and could compromise the permits that have already been issued for the current design alignment. In addition, it would intersect the Wall Street alignment at a skewed angle, which could present conflicts with future traffic movements at the point of intersection. An access easement for Mr. Fields that preserves the proposed Wall Street alignment and avoids the area designated for enhancements would be in the best interest of the City. Access to the Fields property along this alignment has the following advantages: • The permits from the Corps, DSL and Clean Water Services were obtained for the current alignment of Wall Street. The conditions under which the permits were obtained remain basically unchanged. Mitigation measures south of the street would be constructed as envisioned without disturbance. • The alignment is preserved for a potential connection to Hunziker Street at some point in the future if the circumstances for crossing of the railroad tracks (however unlikely at this point) become more favorable. Mr. Fields prefers an easement along the proposed Wall Street alignment instead of the alignment described in the License Agreement. An access easement following the proposed Wall Street alignment would satisfy the City's obligation to grant access to Mr. Fields and would be in lieu of the easement described in the License Agreement. The attached "Grant of Easement" is a draft document containing the proposed language for the easement, which will be finalized and executed if approved by Council. The legal descriptions for the library and Fields property (Exhibits A and B respectively) are not included at this time but will be inserted prior to execution of the document. OTHER ALTERNATIVES CONSIDERED Provide an access easement along the south library property line in accordance with the License Agreement. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The joint access from Wall Street to the library and Fanno Pointe Condominiums eliminates one existing access to Hall Boulevard (the Fanno Pointe driveway), provides for a signalized connection to Hall Boulevard, and thereby supports the Tigard Beyond Tomorrow goals of Improve Traffic Safety and Improve Traffic Flow. The extension of Wall Street to connect to Hunziker Street, if it does happen at some point in the future, would likewise meet those goals. ATTACHMENT LIST Proposed "Grant of Easement" FISCAL NOTES The access easement lies along the proposed Wall Street alignment. Provisions are included in the "Grant of Easement" for the dedication of the property back to the City if Wall Street is extended in the future. As a result, there is no compensation proposed for granting of the easement. hengtgus\councll agenda summades\71-0"5 approval of access easement to the fields property als.doc AFTER RECORDING, RETURN TO: City of Tigard Attn: City Recorder 13125 SW Hall Boulevard Tigard, OR 97223 GRANT OF EASEMENT THIS GRANT OF EASEMENT ("Easement") is made and entered into the day of , 2005, between THE CITY OF TIGARD, an Oregon municipal corporation ("Grantor") and FRED W. FIELDS ("Grantee"); WITNESSETH WHEREAS, Grantor is the record of owner of that certain real property in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "A", attached hereto and incorporated herein by reference (the "Grantor Property"); and WHEREAS, Grantee is the record owner of that certain real property also located in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "B" attached hereto and incorporated herein by reference (the "Grantee Property"); and WHEREAS, Grantee is desirous of obtaining an easement on, over across and under the Grantor Property for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to a public roadway, and Grantor is desirous of providing such an easement to Grantee; NOW, THEREFORE, the parties hereto agree as follows: 1. Grant of Easement. Grantor conveys and grants to Grantee a permanent non- exclusive easement for the purposes of construction, maintenance, repair, reconstruction and replacement utilities and a roadway on, over, under and across that portion of the Grantor Parcel described in Exhibit "C" attached hereto and incorporated herein (the "Easement Area"). 2. Grantor's Right To Convey And Exceptions. Grantor warrants that Grantor has the right to convey this Easement and quiet possession for the uses to be made of the Easement Property by Grantee as set forth in this Easement, subject to all prior easements and encumbrances of record. 3. Grantee's Rights. Grantee, and Grantee's agents, employees, and Page 1 - Grant of Easement independent contractors, shall have the right to enter upon the Easement Area for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to Hall Boulevard. 4. Grantee's Notice Of Entry. Grantee recognizes that the Grantor Property is used by the general public for library and other purposes, and agrees to notify Grantor prior to commencement, and coordinate with Grantor, the timing and scheduling Grantee's construction, repair and replacement of improvements to be located in the Easement Area. 5. Maintenance. Grantee shall maintain and care for the Easement Area and all improvements thereon constructed or operated by Grantee at no cost to Grantor. Grantee shall also replace or restore to its original condition all portions of the Grantor Property which are damaged, disturbed or destroyed by reason of Grantee's, and Grantee's employees', contractors', agents' and invitees', negligence, actions or failures to act. 6. Agreement to Terminate Easement on Public Road Extension. Grantee acknowledges that the Easement Area is part of the alignment of an extension of that certain public roadway currently named Wall Street, and that Grantor may, at some future date, desire to extend Wall Street or its successor public roadway on, over, under and across the Easement Area. In the event the City shall intend to extend the said roadway, it shall give to Grantee written notice thereof. Within sixty (60) days of said notice, Grantee agrees to deliver to Grantor a quitclaim deed conveying to Grantor all Grantee's right, title and interest in the Grantor Property created by and set forth in this Easement. In consideration for delivery of said quitclaim deed, Grantor agrees that it shall at all times after the recording of said quitclaim deed, and during and after construction of said roadway extension, keep open a public access way to and from the Grantee property that is suitable for passage by motor vehicles, and shall relocate and reinstall at the Grantor's expense any utilities located in the Easement Area in a manner that will permit continuation of the use of such utilities without unreasonable interruption. Grantor's obligations pursuant to this Section 6 shall survive the termination of this Easement. 7. Easement in Lieu of Other Easement Rights. The easement granted herein is in lieu of and supercedes the easement described in that certain License Agreement between Grantor and Grantee dated , by which Grantor agreed to provide Grantee with an easement across the southerly fifty feet (50') of the Grantor Property upon circumstances described in the License Agreement. Grantee acknowledges and agrees that the easement granted herein is in lieu of the easement described in the License Agreement and the grant of easement contained herein fully satisfies Grantor's obligation to grant an easement to Grantee as described in the License Agreement. 8. Indemnification. Grantee agrees to indemnify, hold harmless and defend Grantor from any loss, claim or liability to Grantor arising in any manner out of the use of the Easement Property by Grantee, its agents, employees, independent contractors, and other such parties. Page 2 - Grant of Easement Grantee assumes all risk arising out of Grantee's use of the Easement Property and Grantor shall have no liability to Grantee or others using the Easement Property by or through Grantee. 9. Grantor's Warranty. Grantor, its heirs, successors and assigns, covenants that Grantor has the right to convey this Easement to Grantee and to provide quiet possession thereof in Grantee for the purposes stated herein. 10. Time. TIME IS OF THE ESSENCE of this Easement. 11. Notice. All notices given pursuant to this Easement shall be in writing and shall be effective when personally delivered, or if mailed, notice shall be deemed effective 48 hours after mailing as registered or certified mail, postage prepaid, directed to the other party at the address below or such other address as the party may indicate by written notice to the other: City of Tigard Fred W. Fields Attn: Gus Duenas 13125 SW Hall Boulevard Tigard, OR 97223 12. Breach - Remedies - Equitable Relief. The parties acknowledge that the uses provided by this Easement are unique in that money damages along for breach of this Easement are inadequate. Any party aggrieved by a breach of the provisions hereof may bring an action at law or a suit in equity to obtain relief, including specific performance, injunctive relief and any other available equitable remedy. 13. Legal Effect and Assignment. The provisions of this Grant of Easement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors and assigns. The rights granted herein run with the land for the benefit of the Grantee Parcel and as a burden upon the Grantor Parcel. 14. Attorneys' Fees. In the event suit or action, including arbitration and any action pursuant to bankruptcy laws, is instituted to interpret or enforce the terms of this Easement, the prevailing party shall be entitled to recover from the other party such sums as the arbitrator or court may adjudge reasonable as attorneys' fees at arbitration or trial and on appeal and review. 15. Severability. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail; but the provision of this Easement which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. Page 3 - Grant of Easement 16. Modification or Amendments. No amendment, change or modification of this Easement shall be valid, unless in writing and signed by all the parties hereto. 17. Waiver. Failure of either party at any time to require performance of any provision of this Easement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. 18. Entire Agreement. This Easement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Easement as of the day and year first above written. GRANTOR: GRANTEE: The City of Tigard, an Oregon municipal corporation By: Its: Fred W. Fields STATE OF OREGON ) County of ) This instrument was acknowledged before me on this day of , 2005, by NOTARY PUBLIC for Oregon State of Oregon ) County of ) This instrument was acknowledged before me on this day of , 2005, by NOTARY PUBLIC for Oregon Page 4 - Grant of Easement EXHIBIT "A" Legal Description of Grantor Property Page 5 - Grant of Easement EXHIBIT "B" Legal Description of Grantee Property Page 6 - Grant of Easement EXIUBIT "C" EASEMENT AREA Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as Follows: Commencing at the 5/8" Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the easterly right-of-way 'of SW Hall Blvd 30.00 feet from center line, with the south line of Lot 1 Edgewood as shown on survey no. 29031 of the Washington County Survey Records; thence S 87° 39'27n E, along said south line, a distance of 291.15 feet; thence N-75* 44'01" E a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23" E, 113.89) and a length of 114.16 feet; thence N 62° 04" 44" E a distance of 472.50 feet to the east line of Lot 1 Edgewood; thence N 02° 52' 19" E, along said east line, a distance of 43.09 feet to a 5/8" Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC at the northeast comer of said Lot 1; thence N 87° 40,14" W, along the northerly line of said Lot 1, a distance of 45.63 feet; thence S 62° 04'44n W a distance of 455.14 to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54'23" E, 99.62) and a length of 99.86 feet; thence S 14° 15'59" E a distance of 60.00 feet to the true point of beginning. Containing 35234 square feet. T I q Z. Z K W ~ 0 GO' d W l m _ T A ° ~ Ld L~ y(. ~ ~ a ° Q oQGyE o- 1 'PROP OSECL PARKING LO7.► a b r .r } IV Y AGENDA TIGARD CITY COUNCIL BUSINESS MEETING November 8, 2005 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • STUDY SESSION > DISCUSSION OF LEGAL SERVICES RFP REVIEW PROCESS ■ Finance Staff > DISCUSSION OF INCREASING THE NUMBER OF CITIZEN-AT-LARGE MEMBERS SERVING ON THE TREE BOARD ■ Public Works Staff > DISCUSSION OF AMENDMENTS TO CHAPTERS 18.745 AND 18.790, LANDSCAPING AND SCREENING, AND TREE REMOVAL, OF THE TIGARD MUNICIPAL CODE ■ Public Works Staff • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (2) (b) (e) and (h) to discuss discipline of public officers, to consider real property transaction negotiations, and to consult with Legal Counsel regarding litigation likely to be filed. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session. may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. After Executive Session and in open session, if staff was given direction from City Council, announce "Staff shall proceed as directed by the City Council during the Executive Session." > ADMINISTRATIVE ITEMS • An insert will be placed in next Cityscape regarding Urban Renewal. • November 29 is Fifth Tuesday. Next Fifth Tuesday will be January 31. • Under Citizen Communications - Krista Foltz is unable to attend. Jillian Walker will give the Tigard High School Student Envoy report. • Discuss date for a January City Council Goal-Setting meeting. • Discuss when to set an agenda item for annexation policy. 0 Discuss Council Representation at Urban Renewal Presentations to Taxing Districts • Discuss Downtown Task Force Membership See reverse side for Council Calendar. > COUNCIL CALENDAR November 10-12 Thurs - Sat League of Oregon Cities Conference - Eugene 11 Friday Veteran's Day - City Offices Closed 15* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 22* Tuesday Council Business Meeting - 6:30 pm, Town Hall 24-25 Thurs & Fri Thanksgiving Holiday - City Offices Closed (Police and Library Open) 29 Tuesday 5th Tuesday Council Meeting - 7-9 p.m., Tigard Water Auditorium 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 (2) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660(2) (e) - Real property transaction negotiations. 192.660(2) (f) - 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(2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660(2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660(2) (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 (2) 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 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. i:%edmkathytcounclhpink sheet - study session agendast20051051025.doc Item No. eStud Se~iDn 4. For Council Meeting of MEMORANDUM TO: Mayor and City Council FROM: Joe Barrett, Buyer RE: Legal Services RFP Review Process DATE: October 26, 2005 On August 23rd, staff attended the Council's Study Session for Council's input on the Request for Proposals (RFP) that was being created for attorney services, both general and labor. The RFP was being created due to the fact that the City's current contracts for both services expire before the end of the year. After finalization, the RFP was released to the public on October 3`d with advertisements running in both the Oregonian and the Oregon State Bar's monthly publication. Proposals were due on October 26th and the City received a total of six responses from separate firms. For strictly general services, two responses were received; two responses are to provide just labor services; and two responses are to provide both services. A list of the proposing firms is attached for your information. Now that the solicitation has closed, staff is seeking Council's guidance on how you would like the process to proceed. Staff proposes two options for the review and selection of the firm to serve at the City's General Attorney. The first option that staff proposes for the general service review is the formation of a review team that is a mix of both Council and City staff. In this option, a staff team would review and score the RFP responses in addition to the Council. The staff review team would consist of the following members: • Loreen Mills, Sr. Management Analyst - Risk Management • Sandy Zodrow, Director - Human Resources Director • Dennis Koellermeier, Director - Public Works • Tom Coffee, Interim Director - Community Development • Gus Duenas, City Engineer The staff team's score would be incorporated with Council's prior to the Presentation/Interview phase. If the Council so chooses, the staff team could also participate and score the Presentation/Interview phase. Upon the selection of a firm, staff will prepare the appropriate Council award packet for Council review at a later business meeting. The second option is a review team made up solely of Council members. Council members would alone review and score the proposals and conduct the Presentations/Interviews. Council would then notify staff of their choice and staff would again prepare the necessary Council award packet for placement on a future business meeting agenda. For your review, the City outlined the following criteria and allocation for reviewing and scoring the received proposals in the RFP: • Firm Qualifications & Experience 60 points • Team Member Qualifications &.Experience 40 points • Understanding & Approach 35 points • Compensation 45 points • Presentation/Interview 20 points. Council may, if they feel the City did not receive an adequate number of proposal responses, direct staff to republish the RFP and extend the submittal deadline. Staff would notify the firms that have submitted proposals to date of this decision and ask if they are willing to extend their proposals through the extended process or if they would like to resubmit. Of course there are other options available to Council to choose from when determining the review and award process to be utilized. The Human Resources Department is forming a selection team to review and select the labor attorney firm and will bring their selection before the Local Contract Review Board at a future meeting. In the event that one or more firms propose for both services, which is allowed under the RFP, it is the intent of staff that each proposal will be treated and scored separately for each service. Staff is ready to assist Council with any process that is decided upon. If there are any questions, comment, or additional information , required, please do not hesitate in contacting either Tom Imdieke or Joe Barrett. cc: Craig Prosser, City Manager Tom Imdieke, Interim Finance Director Record of Submittal City of Tigard RFP TITLE: Attorney Services - General & Labor 13125 SW Hall Blvd. DUE DATE & TIME: Wednesday, October 26,2005,2:00 PM Tigard, Oregon 97223 Phone - (503) 639-4171 Fax - (503) 639-1471 'FIRM CONTACTTNDII INDIVIDUAL MAILING ADDRESS PHONE # FAX # EMAIL GENERAL SERVICES ONLY RAMIS CREW CORRIGAN & BACHRACH 1727 NW Hoyt Street Gary Firestone Portland, Oregon 97209 503 306-0258 503) 243-2944 gMf@rccb.com SCHULTE, ANDERSON, DOWNES, ARONSON & BITTNER 811 SW Naito Parkway, Suite 500 Robert P. Schulhof, Jr. Portland, Oregon 97204-3379 (503) 223-4131 (503) 223-1346 schulhof chulte-law.com LABOR SERVICES ONLY BULLARD SMITH JERNSTEDT WILSON 1000 SW Broadway, Suite 1900 Ken Bemis Portland, Oregon 97205 (503) 248-1134 (503) 224-8851 kbemis@bullardlaw.com HERSHNER HUNTER 180E 11` Avenue Andrew G. Lewis Eugene, Oregon 97401-3537 (541) 686-8511 (541) 344-2025 contact hershnerhunter.com GENERAL & LABOR SERVICES HARRANG/LONG/GARY/RUDNICK 1001 SW Fifth Avenue, Suite 1650 Jillian R. Bruce Portland, Oregon 97204-1116 503) 242-0000 503 241-1458 'illian.bruce harran .corn JORDAN SCHRADER PO Box 230669 Eileen G. Eakins Portland, Oregon 97281 (503) 598-7070 .(503) 598-7373 eillen.eakins iordanschrader.com Record of Submittal - 2005 RFP - Attorney Services - General & Labor Page 1 of 1 AGENDA ITEM # = ► DrV FOR AGENDA OF November 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Presentation by the Tree Board Chairperson to discuss amendments to the Tigard Municipal-Code related to Tree Removal (Chapter 18.790) and Landscaping & Screening_(Chapter 18.745). PREPARED BY: Matt Stine DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council review the proposed changes to Sections 18.790 and 18.745 of the TMC that the Tree Board has suggested? Suggested changes would add specific conditions regarding tree size, spacing, and tree requirements for landscaping, planter strips and parking lots. STAFF RECOMMENDATION Review the proposed Tree Board revisions to the TMC and refer the proposed changes to planning staff and the Planning Commission for further analysis and consideration. Ultimately, this matter will be returned to City Council for final approval. INFORMATION SUMMARY The Tigard City Council requested that the Tree Board review and propose changes to two sections of Chapter 18 of the Tigard Municipal Code, 18.790 and 18.745. The Board's analysis is just the first step of a comprehensive process managed by the Community Development Department to completely review and update Chapter 18. Major proposed changes to 18.745 are: • Requiring native trees to be planted as landscaping, re-vegetation and street trees. • Specifying spacing requirements for street trees and buffer trees. • Adding requirements for parking lot and landscape trees. Major proposed changes to 18.790 are: • Adding several definitions. • Requiring the use of native trees to satisfy tree mitigation requirements. • Requiring a negligent party to pay fines in addition to all expenses incurred by the City to collect those fines. • . Requiring certain guidelines for tree protection measures. • Increasing the time limit of subsequent tree removal from one year to two years. a OTHER ALTERNATIVES CONSIDERED The City Council could choose not to amend the current provisions or propose other changes than those suggested by the Tree Board. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management - Growth will be managed to protect the character and livability of established areas, protect the natural environment and provide open space throughout the community. ATTACHMENT LIST Proposed changes to Sections 18.790 and 18.745. FISCAL NOTES There will not be any special funding requirements for the approval and implementation of the proposed changes to Sections 18.790 and 18.745. r Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. - Chapter 18.745 LANDSCAPING AND SCREENING Sections: 18.745.010 Purpose 18.745.020 Applicability 18.745.030 General Provisions 18.745.040 Street Trees 18.745.050 Buffering and Screening 18.745.060 Re-vegetation 18.745.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for landscaping, buffering, and screening of land use within Tigard in order to enhance the aesthetic environmental quality of the City: 1. By protecting existing street trees and requiring the planting of street trees in new developments; 2. By using plant materials as a unifying element; 3. By using planting materials to define spaces and articulate the uses of specific areas; and 4. By using trees and other landscaping materials to mitigate the effects of the sun, wind, noise and lack of privacy by the provision of buffering and screening. 18.745.020 Applicability A. Applicability. The provisions of this chapter shall apply to all development including the construction of new structures, remodeling of existing structures where the landscaping is nonconforming (Section 18.760.040.C), and to a change of use which results in, the need for increased on-site parking or loading requirements or which changes the access requirements. B. When site development review does not apply. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director of Community Development shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I procedure, as governed by Section 18.390.030, using the applicable standards in this chapter. C. Site plan requirements. The applicant shall submit a site plan. The Director of Community Development shall provide the applicant with detailed information about this submission requirement. 18.745.030 General Provisions A. Obligation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and debris. B. Pruning required. All plant growth in landscaped areas. of developments shall, be controlled by pruning, trimming or otherwise so that: Landscaping and Screening 18.745-1 4 Notation: Proposed deletions are indicated by a strike-through, proposed additions/changes are in bold and underlined. 1. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. C. Installation requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures; 2. All plants used for landscaping or screening shall be native to the Willamette Valley and grown from a seed source within the Willamette Valley. 3. The plant materials shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z60, 1-1986, and any future revisions); and 4. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. E. 'Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). F. Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. G. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. H. Height restrictions abutting public rights-of-way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. 18.745.040 Street Trees A. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. B. Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director of Landscaping and Screening 18.745-2 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. Community Development. At least 90% of the trees selected must be native to the Willamette Valley, and Grown from a seed source within the Willamette Valley. C. Size and spacing of street trees. 1. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Section 18.745.040.C.2 below; 2. The specific spacing of street trees by size of tree shall be as follows: a. Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart, but no less than 15 feet; b. Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart, but no less than 25 feet; c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart, but no less than 30 feet; d. Except for signalized intersections as provided in Section 18.745.040.H, trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles to maintain visual clearance; e. No new utility pole location shall be established closer than five feet to any existing street tree; f. Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree well; g. On-premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; h. Street trees shall not be planted closer than 20 feet to light standards; i. New light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; j. Where there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, will not interfere with the lines; k. Trees shall not be planted within two feet from the face of the curb; and 1. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between'the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; and (2) Sidewalk cuts in concrete for tree planting shall be at least four by four feet to-allow for air and water into the root area. Landscaping and Screening 18.745-3' Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. D. Pruning requirements. Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. E. Cut and fill around existing trees. Existing trees may be used as street trees if no cutting or filling takes place within the drip-line of the tree unless an adjustment is approved by the Director of Community Development by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Section 18.370.020.C.4.a. F. Replacement of street trees. Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the Director of Community Development. The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the Director of Community Development. G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director of Community Development by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020.C.4.b. H. Location of trees near signalized intersections. The Director of Community Development may allow trees closer to specified intersections which are signalized, provided the provisions of Chapter 18.795, Visual Clearance, are satisfied. 18.745.050 Buffering and Screening A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles; 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director of Community Development's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. B. Buffering and screening requirements. 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses; Landscaping and Screening 18.745-4 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. 2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City; 3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of Sections 18.745.050.B.8 and 18.745.050.1); 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition, improvements shall meet the following specifications: a. At least one row of trees shall be planted. They shall have a minimum caliper of two inches at four feet in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (1) Small or narrow-stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart, but no less than 10 feet apart; (2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart, but no less than 25 feet apart; (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart, but no less than 25 feet apart. b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area; c. The remaining area shall be planted in lawn or other living ground cover. 5. Where screening is required the following standards shall apply in addition to those required for buffering: a. A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four- foot continuous screen of the height specified in Table 18.745.2 within two years of planting; or b. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table 18.745.2 within two years. The unplanted portion of the berm shall be planted in lawn or other living ground cover; or c. A fence or wall of the height specified in Table 18.745.2 shall be constructed to provide a continuous sight obscuring screen. 6. Buffering and screening provisions shall be superseded by the vision clearance requirements as set forth in Chapter 18.795; 7. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case, fences and walls may exceed the permitted six foot height at the discretion of the Director of Community Development as a condition of approval. When the Landscaping and Screening 18.745-5 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval; 8. Fences and walls a. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the Director of Community Development; b. Such fence or wall construction shall be in compliance with other City regulations; c. Walls shall be a minimum of six inches thick; and d. Chain link fences with slats shall qualify for screening. However, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. 9. Hedges a. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight-obscuring fence where required subject to the height requirement in Sections 18.745.050.C.2.a and 18.745.050.C.2.b; b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced. with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view; and c. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.795. C. Setbacks for fences or walls. 1. No fence or wall shall be constructed which exceeds the standards in Section 18.745.050.C.2 except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted to mitigate against potential adverse effects; 2. Fences or walls: a. May not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and, in all other cases, shall meet vision clearance area requirements in Chapter 18.795; b. Are permitted up to six feet in height in front yards adjacent to any designated arterial or collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. 3. All fences or walls shall meet vision clearance area requirements in Chapter 18.795; 4. All fences or walls greater than six feet in height shall be subject to building permit approval. D. Height restrictions. Landscaping and Screening 18.745-6 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. 1. The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements; 2. An earthen berm and fence or wall combination shall not exceed the six-foot height limitation for screening. E. Screening: special provisions. 1. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of 'off-street parking areas from the public right-of-way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. 2. Screening of service facilities. Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area,- any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; 3. Screening of swimming pools. All swimming pools shall be enclosed as required by City of Tigard Building Code; 4. Screening of refuse containers. Except for one- and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. F. Buffer Matrix. Landscaping and Screening 18.745-7 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. 1. The Buffer Matrices contained in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; 2. An application for a variance to the standards required in Tables 18.745.1 and 18.745.2, shall be processed as a Type H procedure, as regulated by Section 18.390.040, using approval criteria in Section 18.370.010. (Ord. 02-33) 18.745.60 Re-vegetation A. When re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed, using only trees and shrubs native to the Willamette Valley, and grown from a seed source within the Willamette Valley. B. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. C. Methods of re-vegetation. 1. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; b. Other re-vegetation methods offering equivalent protection may be approved by the approval authority; c. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and d. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. 18.745.070 Parking Lots A. Protection of existing vegetation All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant trees in accordance with the standards in Section 18.745.040.C. B. Species Selection. Certain trees can severely damage utilities, streets and sidewalks or can cause personal iniury. Approval of any planting list shall be subject to review by the Director of Community Development, using only trees and shrubs native to the Willamette Valley and Landscaping and Screening 18.745-8 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. grown from a seed source within the Willamette Valley. C. Size and spacing of trees. 1. The specific spacing of trees by size of tree shall be as follows: a. Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart, but no less than 15 feet; b. Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart, but no less than 25 feet; c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart, but no less than 30 feet; d. No new utility pole location shall be established closer than five feet to any existing tree- e. Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree well; E On-premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; g. Trees shall not be planted closer than 20 feet to light standards, h. New light standards shall not be positioned closer than 20 feet to existing trees except when public safety dictates, then they may be positioned no closer than 10 feet; L Where there are overhead power lines, the tree species selected shall be of a type which, at full maturity, will obtain 35% canopy coverage and will not interfere with the lines; j. Trees shall not be planted within two feet from the face of the curb; and k. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; and (2) Sidewalk cuts in concrete for tree planting shall be at least six feet by six feet to allow air and water to permeate the tree's the root area; and (3) Parking lot cuts shall be at least six feet by six feet to allow air and water to permeate the tree's the root area. Adequate conditions to allow trees to be able to grow to full maturity, and which will obtain 35% canopy after 10 years shall be provided; and Landscaping and Screening 18.745-9 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. (4) Variances on number of parking spaces to allow for more area for planters shall be considered. D. Pruning requirements. Trees shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above parking spaces, and 18 feet above roadways within the parking lot E. Cut and fill around existing trees. Existing trees may be used if no cutting or filling takes place within the drip-line of the tree unless an adjustment is approved by the Director of Community Development by means of a Type I procedure, as governed by Section 18 390 030, using approval criteria in Section 18.370.020.C.4.a. F. Replacement of trees. Existing trees removed by development projects or other construction shall be replaced by the developer with trees approved by the Director of Community Development. The replacement trees shall be of a size and species similar to the trees being removed unless lesser sized alternatives are approved by the Director of Community Development. G. Granting of adiustments. Adjustments to the tree requirements may be granted by the Director of Community Development by means of a Type I procedure as regulated in Section 18 390 030, using approval criteria in Section 18.370.020.C.4.b. H. Location of trees near stop signs and intersections. The Director of Community Development may allow trees closer to stop signs and intersections provided the provisions of Chapter 18.795, Visual Clearance, are satisfied. 18.745.080 Landscaping A. Residential and commercial locations. Landscaping with trees for residential and commercial properties shall be required for lots 7000 square feet and larger. 1. Minimum caliper size for landscape trees is 1.5 inches diameter at breast height (DBH). 2. Only trees and shrubs native to the Willamette Valley, and grown from a seed source within the Willamette. Valley, may be used for landscaping. Landscaping and Screening 18.745-10 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. TABLE 18.745.1 BUFFER MATRIX PROPOSED USE Single Attached Attached Mobil Commer Neighborh Mixed Light Heavy Parking Lots Units, Single Single e cial ood Use Industr Industr 4-50 Detached; Units and Units Home Zones Commercia Emplo ial . ial 50+ Manufactur Multifamily, and Parks (CC, 1 y-ment Zones Zones spaces EXISTING/ABUTTING USE ed 1-5 Units; Multifamil CG, CP, Zone (CN) (IP, IL) (IH) spaces Units Duplexes Y9 CBD) 5+ Units Detached Single Units; A C C D C C E F C D Manufactured Units A B C D C C E F C D Attached Single Units and Multifamily, A A C D C C E F C D 1-5 Units, Duplexes Attached Single Units and A A B D C C E F C D Multifamily, C C C C A A D D 5+ Units Mobile Home Parks C C C C A A D D C C C C A A D D Commercial Zones (CC, CG, CP, CBD) D D D D A A A D Neighborhood Commercial Zone D D D D D D D D (CN) C C C C Mixed Use Employment Zone A A A A A D (MUE) Light Industrial Zones (IP, IL) Heavy Industrial Zone (IH) Parking Lots Arterial Streets Note: See Table 18.745.2 for alternative combinations for meeting these screening requirements. Landscaping and Screening 18.745-11 SE Update: 07/01 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. TABLE 18.745.2 BUFFER COMBINATIONS FOR LANDSCAPING AND SCREENING [l) Option Width Trees Shrubs or Screening s (feet) (per linear feet of Groundcover buffer A 10 Lawn/ living groundcover B 10 20' min/30' max Lawn/ spacing living groundcover 1 10 Shrubs 4' hedges C 2 8 15' min/30' max Shrubs 5' fence spacing 3 6 Shrubs 6' wall 1 20 Shrubs 6'hedge D 2 15 10' min/20' max Shrubs 6' fence spacing 3 10 Shrubs 6' wall 1 30 10' min/20' max Shrubs 6' hedge or fence spacing E 2 25 Shrubs 5' earthen berm or wall F 40 10' min/20' max Shrubs 6' hedge, fence, spacing wall or berm [1] Buffers are not required between abutting uses that are of a different type when the uses are separated by a street as specified in Section 18.745.050 A2. [2] Adjustments from these requirements can be obtained; see Section 18.370.020 C4. Landscaping and Screening 18.745-12 SE Update. 0 7/01 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. TABLE 18.745.2 BUFFER COMBINATIONS FOR LANDSCAPING AND SCREENING 121 vn!l -0066 01 //v p ~1 / 1 ~ IF ~ • ' !mil /A LJr{i, ~ V '~Mlfb ~I'feli ('u+y '(rua ~ . (rura hhrNby 6tinF~i. ale hkra.L► ~ 'I~~~y s ' '(roes -rtisu . b f*4w Lj' fie' 4~.tak, klrw~h - ~cc 1$.745-13 SE Update: 07101 Landscaping and Screening Chapter 18.790 TREE REMOVAL Sections: 18.790.010 Purpose 18.790.020 Definitions 18.790.030 Tree Plan Requirement 18.790.040 Incentives for Tree Retention 18.790.050 Permit Applicability 18.790.060 Illegal Tree Removal 18.790.010 Purpose A. Value of trees. After years of both natural growth and planting by residents, the City now benefits from a large number of trees. These trees of varied types add to the aesthetic beauty of the community, help clean the air, help control erosion, maintain water quality and provide noise barriers. B. Purposes. The purposes of this chapter are to: 1. Encourage the preservation, planting and replacement of trees in the City; 2. Regulate the removal of trees on sensitive lands in the City to eliminate unnecessary removal of trees; 3. Provide for a tree plan for developing properties; 4. Protect sensitive lands from erosion; 5. Protect water quality; 6. Provide incentives for tree retention and protection; and 7. Regulate commercial forestry to control the removal of trees in an urban environment. C. Recognize need for exceptions. The City recognizes that, notwithstanding these purposes, at the time of development it may be necessary to remove certain trees in order to accommodate structures, streets utilities, and other needed or required improvements within the development. 18.790.020 Definitions A. Definitions. The following definitions apply to regulations governing the preservation and removal of trees contained in this chapter exclusively: 1. "Canopy cover" means the area above ground which is covered by the trunk and branches of the tree; 2. "Certified Arborist" means an arborist certified by the International Society of Arboriculture as a Certified Arborist; 3. "Commercial forestry" means any commercial activity relating to the establishment, management, harvest and re-establishment of forest tree species. This pertains to the Tree Removal 18.790-1 SE Update: 10104 removal of ten or more trees per acre for sale within a two year period. fvme al of ten ° tfees calendar- year- f sale Tree removal undertaken by means of an approved tree removal plan tinder Section 18.790.030 is not considered commercial forestry under this definition; 4. "Diameter at Breast Height (DBH)" means a tree's diameter in inches when measured at four and a half feet above the ground level, on the uphill side. 5. "Decurrent" refers to tree crowns that are made up of a system of codominant scaffold branches; lacldng a central leader; 6. "Excurrent" refers to tree crowns that have strong central leaders present to the top of a tree; 7. "Forest Tree Species" means any tree species capable of producing logs, fiber or other wood materials suitable for the production of lumber, sheeting, pulp, firewood or other commercial forest products except trees grown for Christmas tree production; 8. "Hazardous tree" means a tree which by reason of disease, infestation, age, or other condition presents a known and immediate hazard to persons or to public or private property; 9. "Pruning" means the cutting or trimming of a tree in a manner which is consistent with guidelines set forth by the International Society of Arboriculture rem' tree -Maintenane° pr-astiees; 10. "Removal" means the cutting or removing of 50 percent (50%) or more of a crown, trunk or root system of a tree, or any action which results in the loss of aesthetic or physiological viability or causes the tree to fall or be in immediate danger of falling. "Removal" shall not include pruning; 11. "Tree" means a standing woody plant, or group of such, having a trunk which is six inches or more at DBH eal' e size when ° °a four- feet from nd le °l; 12. "Sensitive lands" means those lands described at Chapter 18.775 of the title. B. General rule. Except where the context clearly indicates otherwise, words in the present tense shall include the future and words in the singular shall include the plural. 18.790.030 Tree Plan Requirement A. Tree plan required." A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches DBH in ealipe . Mitigation must follow the replacement guidelines of Section 18.790.060D, in Tree Removal 18.790-2 SE Update: 10104 accordance with the following standards and shall be exclusive of trees required 'by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches DBH in ealipef requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches DBH in ealip requires that two-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches DBH in ealipeF requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches DBH in caliper requires no mitigation. e. Credit will be provided toward the required mitigation inches for retaining existing trees between six (6) and 12 inches DBH. To be considered trees must be spaced at least 10 feet on center, receive proper root zone protection during construction and have the proper form to allow the tree to grow to full and viable maturity. Trees with excurrent crowns must have a defined central leader, with terminal buds intact Trees with decurrent crowns must have a defined system of codominant scaffold branches, with terminal buds intact. 3. Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. C. Subsequent tree removal. Trees removed within the period of two years one dear prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. 18.790.040 Incentives for Tree Retention A. Incentives. To assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18.790.030: 1. Density bonus. For each 2% of canopy cover provided by existing trees over 12 inches DBH in eahper- that are preserved and incorporated into a development plan, a I% bonus may be applied to density computations of Chapter 18.715. No more than a 20% bonus may be granted for any one development. The percentage density bonus shall be applied to the number of dwelling units allowed in the underlying zone. This bonus is not applicable to trees preserved in areas of floodplain, slopes greater than 25%, drainageways, or wetlands that would otherwise be precluded from development; 2. Lot size averaging. To retain existing trees over 12 inches DBH in-ealiper in the development plan for any land division under Chapter 18.400, lot size may be averaged to allow lots less than the minimum lot size allowed by the underlying zone as long as the average lot area for all lots and private open space is not less than that allowed by the underlying zone. No lot area shall be less than 80% of the minimum lot size allowed in the zone; Tree Removal 18.790-3 SE Update. 10104 3. Lot width and depth. To retain existing trees over 12 inches DBH in ealip in the development plan for any land division under Chapter 18.400, lot width and lot depth may be reduced up to 20% of that required by the underlying zone; 4. Commercial/industrial/civic use parking. For each 2% of canopy cover provided by existing trees over 12 inches DBH der that are preserved and incorporated into a development plan for commercial, industrial or civic uses listed in Section 18.765.080, Minimum and Maximum Off- Street Parking Requirements, a I% reduction in the amount of required parking may be granted. No more than a 20% reduction in the required amount of parking may be granted for any one development; 5. Commercial/industrial/civic use landscaping. For each 2% of canopy cover provided by existing trees over 12 inches DBH in ealipef that are preserved and incorporated into a development plan, a 1% reduction in the required amount of landscaping may be granted. No more than 20% of the required amount of landscaping may be reduced for any one development. B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree maybe removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed :restriction shall be subject to approval by the Director. C. Site development modifications granted as incentives. A modification to development requirements granted under this section shall not conflict with any other restriction on the use of the property, including but not limited to easements and conditions of development approval. The City's Planning and Building Departments may adjust design specifications on the building plan to accommodate tree retention where possible as long as it does not interfere with local, State or Federal building code laws as they apply to Tigard. D. Design modifications of public improvements. The City Engineer may adjust design specifications of public improvements to accommodate tree retention where possible and where it would not interfere with safety or increase maintenance costs. 18.790.050 Permit Applicability A. Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; Tree Removal 18.790-4 SE Update. 10104 b. Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Clean Water Services Unified-Sewer--age Ageney Environmental Protection and Erosion Control rules. 2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75% canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75%. B. Effective date of permit. A tree removal permit shall be effective for one and one half years from the date of approval. C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. D. Removal permit not required. A tree removal permit shall-not be required for the removal of a tree which: 1. Obstructs visual clearance as defined in Chapter 18.795 of the title; 2. Is a hazardous tree; 3. Is a nuisance affecting public safety as defined in Chapter 7.40 of the Municipal Code; 4. Is used for Christmas tree production, or land registered with the Washington County Assessor's office as tax-deferred tree farm or small woodlands, but does not stand on sensitive lands. E. Prohibition of commercial forestry. Commercial forestry as defined by Section 18.790.020 A.2., excluding D.4. above, is not permitted. 18.790.060 Illegal Tree Removal A. Violations. The following constitute a violation of this chapter: 1. Removal of a tree: a. Without a valid tree removal permit; or b. In noncompliance with any condition of approval of a tree removal permit; or c. In noncompliance with any condition of any City permit or development approval; or d. In noncompliance with any other section of this title. 2. Breach of a condition of any City permit or development approval, which results in damage to a tree or its root system. 3. Tree protection measures that are moved or modified without the approval of the proiect arborist and City Forester durine any portion of the development phase. Tree Removal 18.790-5 SE Update: 10104 B. Remedies. If the Director has reason to believe that a violation of this chapter has occurred, then he or she may do any or all of the following: 1. Require the owner of the land on which the tree was located to submit sufficient documentation, which may include a written statement from a qualified arborist or forester, showing that removal of the tree was permitted by this chapter; 2. Pursuant to Section 18.390.050., initiate a hearing on revocation of the tree removal permit and/or any other permit or approval for which this chapter was an approval standard; 3. Issue a stop order pursuant to Section 18.230 of this title; 4. Issue a citation pursuant to Chapter 1.16 of the Municipal Code; 5. If tree pr6tection measures are moved or modified without the consent of the proiect arborist and City Forester the infraction(s) will be reviewed by a third party certified arborist chosen by the City, but paid for by the developer or builder. The third party certified arborist will assess the impacts, and determine the course of action necessary to remedy any damage to the tree(s) including, but not limited to, the trunk, roots and branches. 6. Take any other action allowed by law. C. Fines. Notwithstanding any other provision of this title, any party found to be in violation of this chapter pursuant to Section 1.16 of the Municipal Code shall be subject to a civil penalty of up to $500 and shall be required to remedy any damage caused by the violation. Such remediation shall include, but not be limited to, the following: 1. Replacement of unlawfully removed or damaged trees in accordance with Section D below; and 2. Payment of an additional civil penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current edition of the International Society of Arboriculture's Guide for Plant Appraisal. 3. Require the negligent party to pay all fines, in addition to all costs incurred by the City related to the collection of those fines. D. Guidelines for replacement. Replacement of a tree. shall take place according to the following guidelines: 1. A replacement tree shall be a substantially similar- speei a species native to the Willamette Valley, and grown from a seed source within the Willamette Valley, taking into consideration site characteristics; 2. If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value;. 3. If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the Tree Removal 18.790-6 SE Update: 10104 estimated DBH der-size of the tree removed or damaged by the DBH ealiper- size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one or more replacement trees to be planted on other property within the City, either public property or, with the consent of the owner, private property; 4. The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. 5. Replacement trees shall be species native to the Willamette Valley, and gown from a seed source within the Willamette Valley. E. In lieu-of payment. In lieu of tree replacement under Section D above, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. The fee in-lieu costs are based on rates quoted by licensed landscaping and/or tree planting organizations to plant the. necessary number and variety of trees required to satisfy tree mitigation obligations. The quote provided must be in accordance with tree species selection and installation guidelines set forth by the Oregon Landscape Contractor's Association F. Exclusivity. The remedies set out in this section shall not be exclusive.■ Tree Removal 18.790-7 SE Update: 10104 TIGARD~S DOWNTOWN .TASK FORCE OCT. 2005 - Jim Andrews Susan Morelli PO Box 23784 15912 SW Dozier Way Tigard, OR 97281 Tigard, OR 97224 jandrews@nicoliengineering.com susanmorelli@comcast.net Janice Arave Judy Munro 12225 SW Lansdowne Lane 12739 SW Danbush Ct. Tigard,.OR 97223 Tigard, OR 97223 Janice@SynergyPowerGroup.com MunroJ@rimet.org Carolyn Barkley Dan Murphy 12290 SW Main Street, A-2 PO Box 231004 Tigard, OR 97223 Tigard, OR 97281 sixgiraffes@verizon.net dan@broadwayrose.com Martha E. Bishop Lisa Olson 10590 SW Cook Lane 14720 SW Cabernet Court Tigard, OR 97223 Tigard, OR 97224-1539 lisa@you-r-smart.com Craig Dirksen 9131 SW Hill St. Catherine Renken Tigard, OR 97223 15251 SW Burgundy cradir@colmac.com Tigard, OR 97224-1183 dirksen.home@verizon.net renkenc@comcast.net Heather Guevara Jan Richardson 13020 SW Creekshire Drive 14945 SW Sequoia Pkwy, Suite 150 Tigard, OR 97223 Portland, OR 97224 heatherljh21@hotmail.com jrichardson@pru-nw.com Marland Henderson Mike Stevenson 12950 SW Pacific Hwy., Suite 225 9040 SW Burnham Tigard, OR 97223 Tigard, OR 97223 MHCon@aol.com mikes@bbprintsource.com Chris Lewis Sue Wirick 12828 SW Walnut St Classic Sign Systems Tigard, OR 97223 7800 SW Durham Rd., Suite 200 cclpiano@aracnet.com Tigard OR 97224-7579 swirick@classigns.com Mike Marr 12420 SW Main Street Tigard, OR 97223 mikemarr@verizon.net CITY OF TIGARD, OREGON ` RESOLUTION NO.04- CO A RESOLUTION TO EXPAND THE DOWNTOWN TASK FORCE. WHEREAS, the existing Downtown Task Force completed its charges from Council, issuing the "Recommended Design Elements for the Downtown Tigard Commuter Rail Station" document and examining Downtown's existing land use and economic conditions to identify revitalization and economic development needs; and WHEREAS, for FY2004-2005, the City has received a $113,000 Transportation and Growth Management Grant (TGM) from the state to develop a Downtown Redevelopment Plan, and federal and state rules require citizen involvement in the Plan's development; and WHEREAS, the current Downtown Task Force members appointed in 2002-have extensive knowledge of the Downtown, and the TGM Grant will need to build upon all the work that has been completed thus far; and WHEREAS, in recognition of the complex nature of completing a redevelopment plan for the Downtown, City Council has expressed the need to involve more of the community-at-large in Downtown planning and enlarge the existing Task Force to include additional citywide representatives; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In recognition of the complex nature of completing a Downtown redevelopment plan, which requires the inclusion of additional citywide representatives, the Downtown Task Force shall be expanded fora total of up to 24 members. SECTION 2: In recognition of the current Task Force's extensive knowledge of the Downtown, the Council directs that all current Task Force members be invited to continue serving on the . expanded Downtown Task Force: Carolyn Barkley, Brian Bishop; Martha Bishop; Alexander Craghead; Mayor Craig Dirksen; Marland Henderson; Chris Lewis; a TVF&R representative; Mike Marr; Judy Munro; Mike Stevenson; Dr. David Torkko. SECTION 3: All remaining positions on the Task Force shall be filled through the standard committee and . board recruitment process and should reflect Tigard's broad constituency and Downtown stakeholders. SECTION 4: The goals and objectives of the Task Force shall be reviewed annually to assess progress and determine if circumstances warrant the Task Force's extension. SECTION 5: This resolution is effective immediately upon passage. RESOLUTION NO. 04 - he Page I PASSED: This R day o 2004. Mayo - City of Tigard ATTEST: rAl iben City Recorder -City of Tigar I.VtPLMcth\Drnvnwwn\Cmmml 200413 9 04 Expand Task Force_doc - RESOLUTION NO. 04 Page 2 CITY OF TIGARD, OREGON RESOLUTION NO. 04- 1:5- A RESOLUTION TO ACKNOWLEDGE THE EFFORTS OF THE DOWNTOWN TASK FORCE AND COMMEND ITS MEMBERS FOR COMPLETING THE WORK PROGRAM. WHEREAS, Washington County and TriMet along with Tigard, Beaverton, Tualatin, Wilsonville and other regional partners- are planning a Commuter Rail train system that would carry commuters from Wilsonville to Beaverton beginning in 2005; and. WHEREAS, as part of those plans, Tigard would have a Downtown station; and WHEREAS, in May 2002, the City invited all Downtown business and property owners to a Commuter Rail informational meeting, and a consistent group of Downtown property and business owners and other interested parties continued to meet; and WHEREAS, the Council formalized this group as the Downtown Task Force in November 2002, charging it with three objectives: 1) work closely with Washington County and TriMet to influence the station's development and appearance; 2) examine Downtown infrastructure improvements, including pedestrian and vehicular circulation; 3) develop a workplan to address other revitalization and economic development needs of the area; and WHEREAS, in 2003, the Task Force completed its first two objectives, issuing the "Recommended Design Elements for the Downtown Tigard Commuter Rail Station" document. The Task Force also examined Downtown's existing land use and economic conditions to identify revitalization and economic development needs; and WHEREAS, in recognition of the complex nature of completing a redevelopment plan for the Downtown and the need for widespread community involvement and support, Council needs to enlarge the existing Task Force to include additional citywide representatives; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1:. The Downtown Task Force is hereby commended for its outstanding efforts in completing the work program, and its members for their commitment, time and energy. Chair: Mike Marr, Members: Carolyn Barkley; Brian Bishop; Martha Bishop; Alexander Craghead; Mayor Craig Dirksen; Marland Henderson; Chris Lewis; a TVF&R representative (Mike Duyck and Kenneth Dawson); Judy Munro; Mike Stevenson; Dr. David Torkko. SECTION 2: In recognition of the complex nature of completing a redevelopment plan for the Downtown and the Task Force's extensive knowledge of the Downtown, the Council directs that all current Task Force members be invited to continue serving on an expanded Downtown Task Force. RESOLUTION NO. 04 - jS Page 1 "F SECTION 3: This resolution is effective immediately upon passage. PASSED: This (~:?t-_k' day of 2004. May- City of Tigard ATTEST: City Recorder - City of Tigard M,RPLNJxthlDowntmm\Cm=i120M 9 04 Resolution Commend Task Force doc RESOLUTION NO. 04 - Page 2 i CITY OF TIGARD, OREGON RESOLUTION NO. 02- 7-2- A RESOLUTION TO FORM THE DOWNTOWN TASK FORCE AND APPOINT MEMBERS TO THE TASK FORCE. WHEREAS, Washington County and TriMet-along with Tigard, Beaverton, Tualatin, Wilsonville and other regional partners- are planning a Commuter Rail train system that would carry commuters from Wilsonville to Beaverton beginning in 2005; and WHEREAS, as part of those plans, Tigard would have a Downtown station; and WHEREAS, the Downtown Commuter Rail station will be located adjacent to the existing Transit Center and will front Main Street, thus bringing riders into Downtown; and WHEREAS, in May 2002, the City invited all Downtown business and property owners to a Commuter Rail informational meeting with project leaders Washington County and TriMet to discuss how Commuter Rail can act as a catalyst for other Downtown improvements; and WHEREAS, a consistent group of Downtown property and business owners and other interested parties met again in June, August and October to review the station-area plans, working closely with Washington County and TriMet to influence the Downtown station's development; and WHEREAS, one of the City Council's Goals is to plan for the Commuter Rail station; and WHEREAS, the City Council plans to also develop long-range plans for revitalization and economic development in the area; and WI IEREAS, to rccognize and support this group's work effort, Council suggcstcd that the group be formalized as the Downtown Task Force. The Downtown Task Force shall consist of up to 12 citizen members. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Downtown Task Force is hereby established and its members shall consist of the following individuals: Chair: City Councilor Craig Dirksen; Members: Carolyn Barkley; Brian Bishop; Martha Bishop; Alexander Craghead; Francine Gritzbaugh; Marland Henderson; Chris Lewis; Mike Duyck (TVF&R); Mike Marr; Judy Munro; Mike Stevenson; Dr. David Torkko. RESOLUTION NO. 02 - 7L Page 1 SECTION 2: The Task Force will work closely with Washington County and TriMet to influence the station's development and appearance. The Task Force will also examine Downtown infrastructure improvements, including pedestrian and vehicular circulation, as outlined in Exhibit "A". SECTION 3: The Task Force will develop a workplan to address other revitalization and economic development needs of the area. SECTION 4: The timeline for this work in Section I is not anticipated to exceed 18 months. SECTION 5: The timeline for completion of the long range program will be developed along with the workplan identified in Section 3. SECTION 6: This resolution is effective immediately upon passage. PASSED: This Zen day of dyem &r 2002. I AoO A-,W6~ I.E., -G 04 1 F Ya)6r - City f d ATTEST: Deputy City Recorder - City of Tigard RESOLUTION NO. 02 - Page 2 S t Y lY 1^.l` '?Y t t OS/ ill ~ T/}~V~f//~~ Cb s ).1. .C7 ~ 1 1 ny~ T`V 1 'f Ur.S i t Tj; I 1M! "5) _ CITY'CENTER ADVISORYfCOMMISSION,S's/13%057 '`wn tie, l5 L"' Y If 1Si ~.L ♦5 r t ; lb! . r y.., r y ~ _.a":: t;.:'r,.., ,.f: 1 a..+v.+:::4. r..=J t fit; .r••.{.F1`s Commission Members -~J Jim Andrews PO Box 23784 Mike Marr Tigard, OR 97281 12420 SW Main Street (W) 503-620-2086 Tigard, OR 97223 iandrews(aD-nicoliengineering.com (W) 503-624-29,75 mikemarr anverizon.net Carolyn Barkley 12290 SW Main Street, A-2 Judy Munro Tigard, OR. 97223 12739 SW Danbush Ct. (W) 503-684-3042 Tigard, OR 97223 sixgiraffes(a)verizon.net (W) 503-962-2461 MunroJCa)_trimet.org Gretchen Buehner 13249 SW 136' Place Roger Potthoff Tigard, OR 97223 PO Box 23968, (W) 503-684-1031 Tigard OR 97281 (W) 503-989-3846 Alexander Craghead roger. potthoff(a-verizon.net (H) 12205 SW Hall Blvd. 503-620-1699 Mike Stevenson abcraghead(a-earthlink.net 9040 SW Burnham Tigard, OR 97223 Suzanne Gallagher (W) 503-639-9835 13547 SW Mountain Ridge Ct. mstevenson(a-bbprintsource:com Tigard, OR 97224 (W) 503-579-2787 Carl Switzer Suzanne(a-walldesigndiva.com 11120 SW 109'hAve. Tigard, OR 97223 Alice Ellis Gaut (H) 503-968-5840 10947 SW Chateau Lane carlswitzer(a)hotmail.com Tigard, OR 97224 (H) 503-639-8930 Staff aeg_@cs6ro.c0m Barbara Shields Marland Henderson Tigard City Hall 12950 SW Pacific Hwy, Suite 225 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 (W) 503-639-5537 503-718-2427 MHCon(cD-aol.com barbaras(a)ci.tigard.or.us Ralph Hughes Duane Roberts 12855 SW Mornignstar D. Tigard City Hall Tigard, OR 97223 13125 SW Hall Blvd. (W) 503-780-3332 Tigard, OR 97223 RalphO-Iifeswhatifs.com 503-718-2444 duane(aci.tigard.or.us Lily Lilly 12390 SW Knoll Drive Tigard, OR 97223 (W) 503-887-9069 lillywing(ccomcast. net CITY OF TIGARD, OREGON RESOLUTION NO.05-a0- P A RESOLUTION ON THE INITIAL SELECTION PROCESS FOR CITY CENTER ADVISORY COMMISSION. WHEREAS, the Tigard Municipal Code (Chapter 2.64) establishes the City Center Development Agency; and WHEREAS, the City Center Development Agency, subject to the limitations imposed by the Tigard Municipal Code (2.64.050), shall act as the urban renewal agency and exercise all powers available to the agency under ORS Chapter 457; and WHEREAS, the Tigard Municipal Code (Chapter 2.64.060) establishes the City Center Advisory Commission comprised of seven to twelve members; and WHEREAS, the purpose of the City Center Advisory Commission is to assist in implementation of an Urban Renewal Plan, to make recommendations to the City Center Development Agency and to help inform Tigard's citizens of the plan's content and activities; and WHEREAS, the City Council met on April 19, 2005 and discussed the role and coition of the City Center Advisory Commission; and WHEREAS, the Downtown Task Force, made up of 24 members, appointed by Council, have developed, with community input, a draft plan for the firture.of Tigard's downtown; and WMWAS, the Downtown Task Force, through community input and, personal interest, have gained considerable knowledge of the downtown's needs; and WHEREAS, the Planning Commission and the Parks and Recreation Board will be responsible for carrying out the vision of the Downtown Plan; and WHEREAS, in the future, the composition of the City Center Advisory Commission could change to meet the needs of the City Center Development Agency, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Center Advisory Commission shall initially include membership of 6 Downtown Task Force Members. SECTION 2: The City Center Advisory Commission shall include membership of I Planning Commission Member. SECTION 3: The City Center Advisory Commission shall include membership of 1 Park and Recreation Board Member. = a RESOLUTION NO. 05 Page I 0 SECTION 4: The City Center Advisory Commission shall include membership of up to 4 City residents or property owners at.large. SECTION 5: This resolution is effective immediately upon passage. PASSED: This I V - day of-l?q a,44 2005. . U Mayor - ity .of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 05 - Page 2 CITY OF TIGARD, OREGON RESOLUTION NO. 05-5a A RESOLUTION APPOINTING MEMBERS AND ALTERNATES TO THE CITY CENTER ADVISORY COMMISSION. WHEREAS, Resolution 05-28 "A Resolution on the Initial Selection Process for City Center Advisory Commission" states in Section 4 that the City Center Advisory Commission shall include membership of up to four City residents or property owners; and WHEREAS, seven people expressed interest in serving on the City Center Advisory Commission and were interviewed by the Mayor's Appointments Advisory Committee during July and August 2005; and WHEREAS, following these interviews, the Appointments Committee voted to forward to Council a recommendation to fill the four vacant at-large positions with the following candidates: Lily Lilly, Alice Ellis Gaut, Roger Potthoff, and Suzanne Gallagher, and WHEREAS, Ralf Hughes and Alexander Craghead also expressed interest in serving on the City Center Advisory Commission and were interviewed by the Mayor's Appointments Advisory Committee, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that SECTION 1: Lily Lilly, Alice Ellis Gaut, Roger Potthof~ and Suzanne Gallagher shall be appointed to the City Center Advisory Conunission as at-large members . SECTION 2: Ralf Hughes and Alexander Craghead shall be appointed to the City Center Advisory Commission as non-voting, alternate at-large members. SECTION 3: This resolution is effective immediately upon passage. r1 PASSED: This ';~3 - day of 2005. Mayor - ity of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 05 - 6?_ Page 1 Item No..5h& Ses5160 For Council Meeting of MEMORANDUM TO: Mayor and City Council FROM: Joe Barrett, Buyer RE: Legal Services RFP Review Process DATE: October 26, 2005 On August 23,d, staff attended the Council's Study Session for Council's input on the Request for Proposals (RFP) that was being created for attorney services, both general and labor. The RFP was being created due to the fact that the City's current contracts for both services expire before the end of the year. After finalization, the RFP was released to the public on October P with advertisements running in both the Oregonian and the Oregon State Bar's monthly publication. Proposals were due on October 26th and the City received a total of six responses from separate firms. For strictly general services, two responses were received; two responses are to provide just labor services; and two responses are to provide both services. A list of the proposing firms is attached for your information. Now that the solicitation has closed, staff is seeking Council's guidance on how you would like the process to proceed. Staff proposes two options for the review and selection of the firm to serve at the City's General Attorney. The first option that staff proposes for the general service review is the formation of a review team that is a mix of both Council and City staff. In this option, a staff team would review and score the RFP responses in addition to the Council. The staff review team would consist of the following members: • Loreen Mills, Sr. Management Analyst - Risk Management • Sandy Zodrow, Director - Human Resources Director • Dennis Koellermeier, Director - Public Works • Tom Coffee, Interim Director - Community Development • Gus Duenas, City Engineer The staff team's score would be incorporated with Council's prior to the Presentation/Interview phase. If the Council so chooses, the staff team could also participate and score the Presentation/Interview phase. Upon the selection of a firm, staff will prepare the appropriate Council award packet for Council review at a later business meeting. The second option is a review team made up solely of Council members. Council members would alone review and score the proposals and conduct the Presentations/Interviews. Council would then notify staff of their choice and staff would again prepare the necessary Council award packet for placement on a fixture business meeting agenda. A For your review, the City outlined the following criteria and allocation for reviewing and scoring the received proposals in the RFP: • Firm Qualifications & Experience 60 points • Team Member Qualifications & Experience 40 points • Understanding & Approach 35 points • Compensation 45 points • Presentation/Interview 20 points. Council may, if they feel the City did not receive an adequate number of proposal responses, direct staff to republish the RFP and extend the submittal deadline. Staff would notify the firms that have submitted proposals to date of this decision and ask if they are willing to extend their proposals through the extended process or if they would like to resubmit. Of course there are other options available to Council to choose from when determining the review and award process to be utilized. The Human Resources Department is forming a selection team to review and select the labor attorney firm and will bring their selection before the Local Contract Review Board at a future meeting. In the event that one or more firms propose for both services, which is allowed under the RFP, it is the intent of staff that each proposal will be treated and scored separately for each service. Staff is ready to assist Council with any process that is decided upon. If there are any questions, comment, or additional information , required, please do not hesitate in contacting either Tom Imdieke or Joe Barrett. cc: Craig Prosser, City Manager Tom Imdieke, Interim Finance Director Record of Submittal City of Tigard RFP TITLE: Attorney Services - General & Labor 13125 SW Hall Blvd. DUE DATE & TIME: Wednesday, October 26,2005,2:00 PM Tigard, Oregon 97223 Phone - (503) 639-4171 1 _ Fax - (503) 639-1471 RIRM MAILING ADDRESS PHONE # FAX # EMAIL CONTACT INDIVIDUAL GENERAL SERVICES ONLY RAMIS CREW CORRIGAN & BACHRACH 1727 NW Hoyt Street Gary Firestone Portland, Oregon 97209 503) 306-0258 (503) 243-2944 gq!yf@rccb.com SCHULTE, ANDERSON, DOWNES, ARONSON & BITTNER 811 SW Naito Parkway, Suite 500 Robert P. Schulhof, Jr. Portland, Oregon 97204-3379 (503) 2234131 (503) 223-1346 schulhof chulte-law.com LABOR SERVICES ONLY BULLARD SMITH JERNSTEDT WILSON 1000 SW Broadway, Suite 1900 Ken Bemis Portland, Oregon 97205 (503) 248-1134 (503) 224-8851 kbemis@bullardlaw.com HERSHNER HUNTER 180 E 11 Avenue Andrew G. Lewis Eugene, Oregon 97401-3537 (541) 686-8511 (541) 344-2025 contact hershnerhunter.com GENERAL & LABOR SERVICES HARRANG/LONG/GARy/RUDNICK 1001 SW Fifth Avenue, Suite 1650 Jillian R. Bruce Portland, Oregon 97204-1116 (503) 242-0000 (503) 241-1458 'illian.bruce harran .com JORDAN SCHRADER PO Box 230669 Eileen G. Eakins Portland, Oregon 97281 (503) 598-7070 (503) 598-7373 eillen.eakins iordanschrader.com Record of Submittal - 2005 RFP - Attorney Services - General & Labor Page I of 1 S+v~d AGENDA ITEM # 6P-GS I Q r) FOR AGENDA OF November 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion of Increasing the Number of Citizen-At-Large Members Serving on the Tree Board. xVIeu-N PREPARED BY: Matt Stine DEPT HEAD OKTie. CITY MGR OK '41 64 CAQ ISSUE BEFORE THE COUNCIL City Council review of proposed changes to Resolution No. 01-02 to increase the number of citizen-at-large members serving on the Tree Board. STAFF RECOMMENDATION Accept the proposal by the Tree Board to increase the number of citizen-at-large members serving on the Tree Board. INFORMATION SUMMARY To increase the citizen involvement in the Tigard Tree Board, members have requested an amendment to Resolution No. 01-02. The amendment would change the number of citizen-at-large members from four (4) to five (5) Tigard residents while maintaining the total number of Tree Board members of seven (7). The Tree Board members feel that this increase in citizen-at-large positions could assist them in more effectively carrying out the vision and goals of the board. The Tree Board is recommending that we go to a new configuration of five (5) citizens-at-large and two (2) Planning Commission members. Historically, the three (3) Planning Commission members have not been able to attend meetings on a regular basis. Changing the configuration of the Tree Board at this time is an opportunity to provide for more citizen-at-large participation on the Tree Board. If the City Council concurs with this recommendation, this issue will come back to Council on November 22, 2005, for action. OTHER ALTERNATIVES CONSIDERED The City Council could choose not to amend the current Resolution, No. 01-02, or suggest other changes than those proposed by the Tree Board. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Tigard Beyond Tomorrow: Growth and Growth Management, Goal #1, Strategy #2- Develop and implement design standards that preserve and protect open space, greenways and natural areas., ATTACHMENT LIST Resolution to amend Resolution No. 01-02 Resolution 01-02 FISCAL NOTES There will not be any special funding requirements for the approval and implementation of the proposed changes to Resolution No. 01-02. DRAFT- Not for Consideration, Review Only CITY OF TIGARD, OREGON RESOLUTION NO. 05- A RESOLUTION OF TIGARD CITY COUNCIL AMENDING RESOLUTION NO.01-02 WHEREAS, The purpose of this amendment is to increase the number of citizens at large on the Tigard Tree Board from four (4) to five (5), and WHEREAS, This amendment will allow more citizens at large to have the opportunity to serve on the Tree Board, and WHEREAS, All of the citizen members currently serving on the Tree Board agree with this amendment, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION l: The recommended change to Resolution No. 01-02 by the Tigard Tree Board of increasing the number of citizens at large who may serve on the Tigard Tree Board from four (4) to five (5) members is adopted. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2005. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 05 - Page 1 ,':K'itrr° i5; f:". L'•:Ir' " ..1'. ~:•t t:~{.'~'. p~. . r r.. r , . "ti. '~7i-.'•~ ~,T•f'"!A%„ '':i+Jp .ri 4 ,,yV~-v' •r -:r.:. .:1J ..e .r 1T .r.:, ~..t..r. .'rr 2` '•\d~ t'." c.?':,l a J.S.1:\ { e 5., n ....,.-.,et r 3•r.. ..r ~'h:: r .'itti r: • e.; ~ r ~i^'.r„ t.>.. f r.. rl• . 4. i., ff .A ~.,.'4,, sW. .1 .5e ,?Op'.irv- '•r,ti:`.:G!~' ..i•.,v a . ..rl. ~ l:~ r vt:~u~ ,.i*:.. r}v: .'~L~, I .Ir ~.r'"` ..1:1~'":id.;., :>•''ry'' ..N.:` ;'i'~~'` ~I. ^5 r.r}',. ,:.i.l., f.. ...r:,~. i.l...t ~ur•} rfl::r 'r P. al:l. •t.. .`j;1~Ir "%9.. ..f:'.. '.'1...:: ..tl" :~l :,~fr ~li:.''r'.,;''; .'it'. . t,r •'4r f Ti :fir. .r ! ::is. r ir' n :.{:1ali:!~ 'tr~,. '•:"n r ,d;:, ..1~: v\i.ptr... :li'^,~:.:.. N.'s C OWN RESOLUTION NO.01- ' XI A RESOLUTION TO ESTABLLSH. A TREE BOARD TO DEVELOP AND ADMINISTER A ~ COMPREHENSIVE COMMUNITY TREE MANAGEMENT PROGRAM FOR THE CARE OF TREES ON PUBLIC PROPERTY. .tµ,1 i 1 WHEREAS, the City is interested in making application as a Tree City USA; and 134 WHEREAS, in order for the city to qualify as a Tree City USA, . a Tree Board or Department must be ' established; and ' WHEREAS, a Tree Board would encourage citizen involvement in the implementation of an urban forestry plan that meets the community's needs; and WHEREAS, a Tree Board would facilitate achievement of the community's goals for tree program. management, maintenance, removal, replac went, and protection. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: K SECTION 1: A Tigard Tree Board is hereby established. 1 SECTION 2: The mission of the Tigard Tree Board is to develop and administer a comprehensive 4 community tree management program for• the maintenance, removal; replacement, and protection of trees on public property. i SECTION 3: The composition of the board shall be a minimum of five (5) members not to exceed seven (7) members. A minimum of one (1) not to exceed tluee (3) members shall also be current Y: members of the Planning Commission The Planning Commission si'ill appoint these members. A minimum of two (2) not to exceed four (4) shall be citizens at large appointed by the City council. "Citizen" shall mean citizens of Tigard or the Washington County b Urban Services area administered by the City. .t SECTION 4: The Planning Commission shall appoint one (1) to three (3) members to the Tree Board from the members of the Commission at the January meeting in each odd numbered year beginning in 2001. 'i SECTION 5: The City council shall appoint the citizen members to the Tree Board. If two (2) members are appointed initially, one (1) shall be appointed to a two year temp and one (1) to a fan year term. If three (3) members are appointed initially, one (1) shall be appointed to a two year teen and two (2) shall be appointed to four year tems• If '(4) member are appointed initially, two (2) shall be appointed to two year terms .and two (2) to four year ~ll NfY terms. Following the expiration of the initial terms, subsequent terms shall be for four years each. RESOLUTION NO.01 •j . , v.. Vii:: r t•:'i 1~ . ...r: r.Y. ,:1~1:.,. r ..L:. i. "r~1: `%~r~ .1' ~ NA;: '¢ii'. •1 Y.N~t :4~ .?or.:y„ '.y'::,~ti• :.i. i~ `.••1.-. f•'::". - . r.~ :Y~ '4hj~.'22.1+ 1.. h.~ `s .P: ,1;:?'.~•.n:` 'i;•Y .a^.cy,.: 7~r,r `a~i.'.~ w>os~.,. - ...V.':,,,/ -r~,.~.f'•. .r n:Q',~`r`~.Y:v?'.'..v `.1,. ,•.'t,. :2:: +Ci•• v'y~`: S`r`,'.' Y. y'i. 7~`. r.• r'('Y:al~.. c"!!.. fir.. :'-'~.-.HUB.. :{,Y ..*i^` .tl~v. ,r.{d.•'~_.~~ :.ti's ;{Y .r,'. "•F+ .t:: 'k.. '~;Y ,s'-+1'• d••. a.•. ";'Y.. r r 'N.f >l. f'• ' S•. S,t;P , •t • 1' ` -;''i•.. Yerli'. • . r:~,=J'>r xa~ r tr?'n,. :.1'., a' '.r,r ,':~9'.. .;v-. Sir.: 'i`•.vl'.~•".?:t~ t.. .:sh ,~y. ~.1 'i'; ,:~•r r:~.. r'fy`„, .•.Fh..'n; . ;•a,. , s,..~l d r!ri'S'IY 4 .:•v:' iid," n:. W~:. .u >n: ~rf ..!a'= an - - t. •'~A "fK...~; •'.ii:1::•• ~i_ ~•n%%~•~' t V•.. .;ny~a.:::• JnC^ '•r.. Aye _'V' i* - !:I' •'.i .'I?., ,..y, ".f` Fy: :v. p,., .?r.'1 J 1 i1 >J` :..3 r%.r.' 1(i`' n'f:. ~C:,.. ,u-e'Ntl' `•A`1.: :i':I~'': r. t. . SB~I'I... 6. or :too t0~t0 t~10 Tree _ two f11~<' .....'C01DfOCIjI~V~ t~ . Wi$ aptment tQ,~f1 , SECTION 7: The City's Urban Forster still serve ae Offliaiaon to the Troe Board, c>~` .af7 't SECTION 8: The Tree Board shall eornply with the Oregon Public Meeting Law, mod on a raegWar basis t' and make recommendations to City Council as needed to implement the urban ftealry 4 Plan PASSED: This lj_-dday of JimmizA 2001. f.,J. poem 94 City of hr ATTEST: ! .r ;.g Ip' Greer A. Gaston, Deputy City Recorder f,• . ! li l~ 1J, er FFx II CI~ FMOLUt'ION NO.01 r:' • is K r . "ie' ~':Cr. 'ls..• + 7..• y r :F~, y pp . t - ..t :t:. d:l~ ht1•~~~~'. " :.r' 'r''....1,. •~'1'.t 1t;, y,MF'•. aLAu AGENDA ITEM # `'SI DV-V FOR AGENDA OF November 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Presentation by the Tree Board Chairperson to discuss amendments to the Tigard Municipal Code related to Tree Removal (Chapter 18.790) and Landscaping & Screening (Chapter 18.745). PREPARED BY: Matt Stine DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council review the proposed changes to Sections 18.790 and 18.745 of the TMC that the Tree Board has suggested? Suggested changes would add specific conditions regarding tree size, spacing, and tree requirements for landscaping, planter strips and parking lots. STAFF RECOMMENDATION Review the proposed Tree Board revisions to the TMC and refer the proposed changes to planning staff and the Planning Commission for further analysis and consideration. Ultimately, this matter will be returned to City Council for final approval. INFORMATION SUMMARY The Tigard City Council requested that the Tree Board review and propose changes to two sections of Chapter 18 of the Tigard Municipal Code, 18.790 and 18.745. The Board's analysis is just the first step of a comprehensive process managed by the Community Development Department to completely review and update Chapter 18. Major proposed changes to 18.745 are: • Requiring native trees to be planted as landscaping, re-vegetation and street trees. • Specifying spacing requirements for street trees and buffer trees. • Adding requirements for parking lot and landscape trees. Major proposed changes to 18.790 are: • Adding several definitions. • Requiring the use of native trees to satisfy tree mitigation requirements. • Requiring a negligent party to pay fines in addition to all expenses incurred by the City to collect those fines. • Requiring certain guidelines for tree protection measures. • Increasing the time limit of subsequent tree removal from one year to two years. OTHER ALTERNATIVES CONSIDERED The City Council could choose not to amend the current provisions or propose other changes than those suggested by the Tree Board. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management - Growth will be managed to protect the character and livability of established areas, protect the natural environment and provide open space throughout the community. ATTACHMENT LIST Proposed changes to Sections 18.790 and 18.745. FISCAL NOTES There will not be any special funding requirements for the approval and implementation of the proposed changes to Sections 18.790 and 18.745. Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. Chapter 18.745 LANDSCAPING AND SCREENING Sections: 18.745.010 Purpose 18.745.020 Applicability 18.745.030 General Provisions 18.745.040 Street Trees 18.745.050 Buffering and Screening 18.745.060 Re-vegetation 18.745.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for landscaping, buffering, and screening of land use within Tigard in order to enhance the aesthetic environmental quality of the City: 1. By protecting existing street trees and requiring the planting of street trees in new developments; 2. By using plant materials as a unifying element; 3. By using planting materials to define spaces and articulate the uses of specific areas; and 4. By using trees and other landscaping materials to mitigate the effects of the sun, wind, noise and lack of privacy by the provision of buffering and screening. 18.745.020 Applicability A. Applicability. The provisions of this chapter shall apply to all development including the construction of new structures, remodeling of existing structures where the landscaping is nonconforming (Section 18.760.040.C), and to a change of use which results in the need for increased on-site parking or loading requirements or which changes the access requirements. B. When site development review does not apply. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director of Community Development shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I procedure, as governed by Section 18.390.030, using the applicable standards in this chapter. C. Site plan requirements. The applicant shall submit a site plan. The Director of Community Development shall provide the applicant with detailed information about this submission requirement. 18.745.030 General Provisions A. Obligation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and debris. B. Pruning required. All plant growth in landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: Landscaping and Screening 18.745-1 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. 1. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. C. Installation requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures; 2. All plants used for landscaping or screening shall be native to the Willamette Valley and grown from a seed source within the Willamette Valley. 3. The plant materials shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z60, 1-1986, and any future revisions); and 4. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). F. Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. G. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. H. Height restrictions abutting public rights-of-way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. 18.745.040 Street Trees A. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. B. Street tree lanting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director of Landscaping and Screening 18.745-2 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold • and underlined. Community Development. At least 90% of the trees selected must be native to the Willamette Valley, and grown from a seed source within the Willamette Valley. C. Size and spacing of street trees. 1. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Section 18.745.040.C.2 below; 2. The specific spacing of street trees by size of tree shall be as follows: a. Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart, but no less than 15 feet; b. Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart, but no less than 25 feet; c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart, but no less than 30 feet; d. Except for signalized intersections as provided in Section 18.745.040.H, trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles to maintain visual clearance; e. No new utility pole location shall be established closer than five feet to any existing street tree; f. Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree well; g. On-premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; h. Street trees shall not be planted closer than 20 feet to light standards; i. New light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; j. Where there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, will not interfere with the lines; k. Trees shall not be planted within two feet from the face of the curb; and 1. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; and (2) Sidewalk cuts in concrete for tree planting shall be at least four by four :feet to-allow for air and water into the root area. Landscaping and Screening 18.745-3 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. D. Pruning requirements. Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. E. Cut and fill around existing trees. Existing trees may be used as street trees if no cutting or filling takes place within the drip-line of the tree unless an adjustment is approved by the Director of Community Development by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Section 18.370.020.C.4.a. F. Replacement of street trees. Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the Director of Community Development. The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the Director of Community Development. G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director of Community Development by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020.C.4.b. H. Location of trees near signalized intersections. The Director of Community Development may allow trees closer to specified intersections which are signalized, provided the provisions of Chapter 18.795, Visual Clearance, are satisfied. 18.745.050 Buffering and Screening A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles; 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director of Community Development's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. B. Buffering and screening requirements. 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses; Landscaping and Screening 18.745-4 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. 2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City; 3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of Sections 18.745.050.B.8 and 18.745.050.D; 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition, improvements shall meet the following specifications: a. At least one row of trees shall be planted. They shall have a minimum caliper of two inches at four feet in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (1) Small or narrow-stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart, but no less than 10 feet apart; (2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart, but no less than 25 feet apart; (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart, but no less than 25 feet apart. b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area; c. The remaining area shall be planted in lawn or other living ground cover. 5. Where screening is required the following standards shall apply in addition to those required for buffering: a. A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four- foot continuous screen of the height specified in Table 18.745.2 within two years of planting; or b. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table 18.745.2 within two years. The unplanted portion of the berm shall be planted in lawn or other living ground cover; or c. A fence or wall of the height specified in Table 18.745.2 shall be constructed to provide a continuous sight obscuring screen. 6. Buffering and screening provisions shall be superseded by the vision clearance requirements as set forth in Chapter 18.795; 7. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case, fences and walls may exceed the permitted six foot height at the discretion of the Director of Community Development as a condition of approval. When the Landscaping and Screening 18.745-5 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval; 8. Fences and walls a. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the Director of Community Development; b. Such fence or wall construction shall be in compliance with other City regulations; c. Walls shall be a minimum of six inches thick; and d. Chain link fences with slats shall qualify for screening. However, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. 9. Hedges a. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight-obscuring fence where required subject to the height requirement in Sections 18.745.050.C.2.a and 18.745.050.C.2.b; b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view; and c. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.795. C. Setbacks for fences or walls. 1. No fence or wall shall be constructed which exceeds the standards in Section 18.745.050.C.2 except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted to mitigate against potential adverse effects; 2. Fences or walls: a. May not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and, in all other cases, shall meet vision clearance area requirements in Chapter 18.795; , b. Are permitted up to six feet in height in front yards adjacent to any designated arterial or collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. 3. All fences or walls shall meet vision clearance area requirements in Chapter 18.795; 4. All fences or walls greater than six feet in height shall be subject to building permit approval. D. Height restrictions. Landscaping and Screening 18.745-6 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. 1. The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements; 2. An earthen berm and fence or wall combination shall not exceed the six-foot height limitation for screening. E. Screening: special provisions. 1. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. 2. Screening of service facilities. Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; 3. Screening of swimming pools. All swimming pools shall be enclosed as required by City of Tigard Building Code; 4. Screening of refuse containers. Except for one- and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. F. Buffer Matrix. Landscaping and Screening 18.745-7 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. 1. The Buffer Matrices contained in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; 2. An application for a variance to the standards required in Tables 18.745.1 and 18.745.2, shall be processed as a Type 11 procedure, as regulated by Section 18.390.040, using approval criteria in Section 18.370.010. (Ord. 02-33) 18.745.60 Re-vegetation A. When re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed, using only trees and shrubs native to the Willamette Valley, and grown from a seed source within the Willamette Valley. B. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. C. Methods of re-vegetation. 1. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; b. Other re-vegetation methods offering equivalent protection may be approved by the approval authority; c. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and d. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. 18.745.070 Parking Lots A. Protection of existing vegetation. All development proiects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant trees in accordance with the standards in Section 18.745.040.C. B. Species Selection. Certain trees can severely damage utilities, streets and sidewalks or can cause personal iniury. Approval of anv planting list shall be subiect to review by the Director of Community Development, using only trees and shrubs native to the Willamette Valley, and Landscaping and Screening 18.745-8 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. grown from a seed source within the Willamette Valley. C. Size and spacing of trees. 1. The specific spacing of trees by size of tree shall be as follows: a. Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart, but no less than 15 feet; b. Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart, but no less than 25 feet; c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart, but no less than 30 feet; d. No new utility pole location shall be established closer than five feet to any existing tree; e. Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree well; f. On-premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; g. Trees shall not be planted closer than 20 feet to light standards; h. New light standards shall not be positioned closer than 20 feet to existing trees except when public safety dictates, then they may be positioned no closer than 10 feet; i. Where there are overhead power lines, the tree species selected shall be of a type which, at full maturity, will obtain 35% canopy coverage and will not interfere with the lines; j. Trees shall not be planted within two feet from the face of the curb; and k. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; and (2) Sidewalk cuts in concrete for tree planting shall be at least six feet by six feet to allow air and water to permeate the tree's the root area; and (3) Parking lot cuts shall be at least six feet by six feet to allow air and water to permeate the tree's the root area. Adequate conditions to allow trees to be able to grow to full maturity, and which will obtain 35% canopy after 10 years shall be provided; and Landscaping and Screening 18.745-9 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. (4) Variances on number of parking spaces to allow for more area for planters shall be considered. D. Pruning requirements. Trees shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above parking spaces, and 18 feet above roadways within the parking lot. E. Cut and fill around existing trees. Existing trees may be used if no cutting or filling takes place within the drip-line of the tree unless an adjustment is approved by the Director of Community Development by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Section 18.370.020.C.4.a. F. Replacement of trees. Existing trees removed by development proiects or other construction shall be replaced by the developer with trees approved by the Director of Community Development. The replacement trees shall be of a size and species similar to the trees being removed unless lesser sized alternatives are approved by the Director of Community Development. G. Granting of adjustments. Adjustments to the tree requirements may be granted by the Director of Community Development by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020.C.4.b. H. Location of trees near stop signs and intersections. The Director of Community Development may allow trees closer to stop signs and intersections, provided the provisions of Chapter 18.795, Visual Clearance, are satisfied. 18.745.080 Landscaping A. Residential and commercial locations. Landscaping with trees for residential and commercial properties shall be required for lots 7000 square feet and larger. 1. Minimum caliper size for landscape trees is 1.5 inches diameter at breast height (DBH). 2. Only trees and shrubs native to the Willamette Valley, and grown from a seed source within the Willamette. Valley, may be used for landscaping. Landscaping and Screening 18.745-10 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. TABLE 18.745.1 BUFFER MATRIX PROPOSED USE Single Attached Attached Mobil Commer Neighborh Mixed Light Heavy Parking Lots Units, Single Single a cial ood Use Industr Industr 4-50 Detached; Units and Units Home Zones Commercia Emplo ial ial 50+ Manufactur Multifamily, and Parks (CC, 1 y-ment Zones Zones spaces EXISTING/ABUTTING USE ed 1-5 Units; Multifamil CG, CP, Zone (CN) (IP, IL) (IH) spaces Units Duplexes Y, CBD) 5+ Units Detached Single Units; A C C D C C E F C D Manufactured Units A B C D C C E F C D Attached Single Units and Multifamily, A A C D C C E F C D 1-5 Units, Duplexes Attached Single Units and A A B D C C E F C D Multifamily, 5+ Units C C C C A A D D Mobile Home Parks C C C C A A D D Commercial Zones (CC, CG, CP, C C C C A A D D CBD) D D D D A A A D Neighborhood Commercial Zone D D D D D D D D (CN) C C C C Mixed Use Employment Zone A A A A A D (MUE) Light Industrial Zones (IP, IL) Heavy Industrial Zone (rIH) Parking Lots Arterial Streets Note: See Table 18.745.2 for alternative combinations for meeting these screening requirements. Landscaping and Screening 18.745-11 SE Update: 07/01 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. TABLE 18.745.2 BUFFER COMBINATIONS FOR LANDSCAPING AND SCREENING [11 Option Width Trees Shrubs or Screening s (feet) (per linear feet of Groundcover buffer A 10 Lawn/ living groundcover B 10 20' min/30' max Lawn/ spacing living groundcover 1 10 Shrubs 4' hedges C 2 8 15' min/30' max Shrubs 5' fence spacing 3 6 Shrubs 6' wall 1 20 Shrubs 6'hedge D 2 15 10' min/20' max Shrubs 6' fence spacing 3 10 Shrubs 6' wall 1 30 10' min/20' max Shrubs 6' hedge or fence spacing E 2 25 Shrubs 5' earthen berm or wall F 40 10' min/20' max Shrubs 6' hedge, fence, spacing wall or berm [1] Buffers are not required between abutting uses that are of a different type when the uses are separated by a street as specified in Section 18.745.050 A2. [2] Adjustments from these requirements can be obtained; see Section 18.370.020 C4. Landscaping and Screening 18.745-12 SE Update: 07/01 Notation: Proposed deletions are indicated by a strike-through; proposed additions/changes are in bold and underlined. TABLE 18.745.2 BUFFER COMBINATIONS FOR LANDSCAPING AND SCREENING [2] _'Y„6 vvqq d 'frame (ruh H'' ~Mi hYYUaf1' ~6h vw w f14 ~fui 'f'~ / '(rUb ~ V '6nts4 / v LL77 V D-s '~Y6lA 'rYCAh ~'rGGb , ~ I . hl+rybr b 4hn}b~i: ~1 hkrulrr F. r k~ru~ ~ 4Ar~ 6' 4~ntabb Landscaping and Screening 18.745-13 SE Update: 07/01 Chapter 18.790 TREE REMOVAL Sections: 18.790.010 Purpose 18.790.020 Definitions 18.790.030 Tree Plan Requirement 18.790.040 Incentives for Tree Retention 18.790.050 Permit Applicability 18.790.060 Illegal Tree Removal 18.790.010 Purpose A. Value of trees. After years of both natural growth and planting by residents, the City now benefits from a large number of trees. These trees of varied types add to the aesthetic beauty of the community, help clean the air, help control erosion, maintain water quality and provide noise barriers. B. Purposes. The purposes of this chapter are to: 1. Encourage the preservation, planting and replacement of trees in the City; 2. Regulate the removal of trees on sensitive lands in the City to eliminate unnecessary removal of trees; 3. Provide for a tree plan for developing properties; 4. Protect sensitive lands from erosion; 5. Protect water quality; 6. Provide incentives for tree retention and protection; and 7. Regulate commercial forestry to control the removal of trees in an urban environment. C. Recognize need for exceptions. The City recognizes that, notwithstanding these purposes, at the time of development it may be necessary to remove certain trees in order to accommodate structures, streets utilities, and other needed or required improvements within the development. 18.790.020 Definitions A. Definitions. The following definitions apply to regulations governing the preservation and removal of trees contained in this chapter exclusively: 1. "Canopy cover" means the area above ground which is covered by the trunk and branches of the tree; 2. "Certified Arborist" means an arborist certified by the International Society of Arboriculture as a Certified Arborist: 3. "Commercial forestry" means anv commercial activity relating to the establishment, management, harvest and re-establishment of forest tree species This pertains to the Tree Removal 18.790-1 SE Update: 10104 removal of ten or more trees per acre for sale within a two year period. the °-„ov°' ef*°n or- mer-e tfees eal end°r year- f r- sale. Tree removal undertaken by means of an approved tree removal plan under Section 18.790.030 is not considered commercial forestry under this definition; 4. "Diameter at Breast Height (DBH)" means a tree's diameter in inches when measured at four and a half feet above the ground level, on the uphill side. 5. "Decurrent" refers to tree crowns that are made up of a system of codominant scaffold branches; lacking a central leader; 6. "Excurrent" refers to tree crowns that have strong central leaders present to the top of a tree, 7. "Forest Tree Species" means any tree species capable of producing logs, fiber or other wood materials suitable for the production of lumber, sheeting, pulp, firewood or other commercial forest products except trees grown for Christmas tree production; 8. "Hazardous tree" means a tree which by reason of disease, infestation, age, or other condition presents a known and immediate hazard to persons or to public or private property; 9. "Pruning" means the cutting or trimming of a tree in a manner which is consistent with guidelines set forth by the International Society of Arboriculture ~ognizea tFee maintenan ° pfaetieesl 10. "Removal" means the cutting or removing of 50 percent (50%) or more of a crown, trunk or root system of a tree, or any action which results in the loss of aesthetic or physiological viability or causes the tree to fall or be in immediate danger of falling. "Removal" shall not include pruning; 11. "Tree" means a standing woody plant, or group of such, having a trunk which is six inches or more at DBH eali ,°r- ° when me r°a fiauf feet from ground level; 12. "Sensitive lands" means those lands described at Chapter 18.775 of the title. B. General rule. Except where the context clearly indicates otherwise, words in the present tense shall include the future and words in the singular shall include the plural. 18.790.030 Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches DBH iii ealiper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in Tree Removal 18.790-2 SE Update: 10104 accordance with the following standards and shall be exclusive of trees required 'by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches DBH in ealiper.- requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches DBH in ealipe requires that two-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches DBH in ealipe requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D;, d. Retention of 75% or greater of existing trees over 12 inches DBH in ealipe requires no mitigation. e. Credit will be provided toward the required mitigation inches for retaining existing trees between six (6) and 12 inches DBH. To be considered, trees must be spaced at least 10 feet on center, receive proper root zone protection during construction and have the proper form to allow the tree to grow to full and viable maturity. Trees with excurrent crowns must have a defined central leader, with terminal buds intact. Trees with decurrent crowns must have a defined system of codominant scaffold branches, with terminal buds intact. 3. Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. C. Subsequent tree removal. Trees removed within the period of two years one yeaf prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. 18.790.040 Incentives for Tree Retention A. Incentives. To assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18.790.030: 1. Density bonus. For each 2% of canopy cover provided by existing trees over 12 inches DBH in eakper that are preserved and incorporated into a development plan, a 1% bonus may be applied to density computations of Chapter 18.715. No more than a 20% bonus may be granted for any one development. The percentage density bonus shall be applied to the number of dwelling units allowed in the underlying zone. This bonus is not applicable to trees preserved in areas of floodplain, slopes greater than 25%, drainageways, or wetlands that would otherwise be precluded from development; 2. Lot size averaging. To retain existing trees over 12 inches DBH in ease in the development plan for any land division under Chapter 18.400, lot size may be averaged to allow lots less than the minimum lot size allowed by the underlying zone as long as the average lot area for all lots and private open space is not less than that allowed by the underlying zone. No lot area shall be less than 80% of the minimum lot size allowed in the zone; Tree Removal 18.790-3 SE Update: 10104 3. Lot width and depth. To retain existing trees over 12 inches DBH in ealipe in the development plan for any land division under Chapter 18.400, lot width and lot depth may be reduced up to 20% of that required by the underlying zone; 4. Commercial/industrial/civic use parking. For each 2% of canopy cover provided by existing trees over 12 inches DBH in ealiper- that are preserved and incorporated into a development plan for commercial, industrial or civic uses listed in Section 18.765.080, Minimum and Maximum Off- Street Parking Requirements, a 1% reduction in the amount of required parking may be granted. No more than a 20% reduction in the required amount of parking may be granted for any one development; 5. Commercial/industrial/civic use landscaping. For each 2% of canopy cover provided by existing trees over 12 inches DBH in ealipe that are preserved and incorporated into a development plan, a 1% reduction in the required amount of landscaping may be granted. No more than 20% of the required amount of landscaping may be reduced for any one development. B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. C. Site development modifications granted as incentives. A modification to development requirements granted under this section shall not conflict with any other restriction on the use of the property, including but not limited to easements and conditions of development approval. The City's Planning and Building Departments may adjust design specifications on the building plan to accommodate tree retention where possible as long as it does not interfere with local. State or Federal building code laws as they apply to Tigard. D. Design modifications of public improvements. The City Engineer may adjust design specifications of public improvements to accommodate tree retention where possible and where it would not interfere with safety or increase maintenance costs. 18.790.050 Permit Applicability A. Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; Tree Removal 18.790-4 SE Update: 10104 b. Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Clean Water Services Environmental Protection and Erosion Control rules. 2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75% canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75%. B. Effective date of permit. A tree removal permit shall be effective for one and erne-hal years from the date of approval. C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. D. Removal permit not required. A tree removal permit shall not be required for the removal of a tree which: 1. Obstructs visual clearance as defined in Chapter 18.795 of the title; 2. Is a hazardous tree; 3. Is a nuisance affecting public safety as defined in Chapter 7.40 of the Municipal Code; 4. Is used for Christmas tree production, or land registered with the Washington County Assessor's office as tax-deferred tree farm or small woodlands, but does not stand on sensitive lands. E. Prohibition of commercial forestry. Commercial forestry as defined by Section 18.790.020 A.2., excluding DA. above, is not permitted. 18.790.060 Illegal Tree Removal A. Violations. The following constitute a violation of this chapter: 1. Removal of a tree: a. Without a valid tree removal permit; or b. In noncompliance with any condition of approval of a tree removal permit; or c. In noncompliance with any condition of any City permit or development approval; or d. In noncompliance with any other section of this title. 2. Breach of a condition of any City permit or development approval, which results in damage to a tree or its root system. 3. Tree protection measures that are moved or modified without the approval of the project arborist and City Forester during any portion of the development phase Tree Removal 18.790-5 SE Update: 10104 B. Remedies. If the Director has reason to believe that a violation of this chapter has occurred, then he or she may do any or all of the following: 1. Require the owner of the land on which the tree was located to submit sufficient documentation, which may include a written statement from a qualified arborist or forester, showing that removal of the tree was permitted by this chapter; 2. Pursuant to Section 18.390.050., initiate a hearing on revocation of the tree removal permit and/or any other permit or approval for which this chapter was an approval standard; 3. Issue a stop order pursuant to Section 18.230 of this title; 4. Issue a citation pursuant to Chapter 1.16 of the Municipal Code; 5. If tree protection measures are moved or modified without the consent of the proiect arborist and City Forester the infraction(s) will be reviewed by a third party certified arborist chosen by the City, but paid for by the developer or builder. The third party certified arborist will assess the impacts, and determine the course of action necessary to remedy any damage to the tree(s) including, but not limited to, the trunk, roots and branches. 6. Take any other action allowed by law. C. Fines. Notwithstanding any other provision of this title; any party found to be in violation of this chapter pursuant to Section 1.16 of the Municipal Code shall be subject to a civil penalty of up to $500 and shall be required to remedy any damage caused by the violation. Such remediation shall include, but not be limited to, the following: 1. Replacement of unlawfully removed or damaged trees in accordance with Section D below; and 2. Payment of an additional civil penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current edition of the International Society of Arboriculture's Guide for Plant Appraisal. 3. Require the negligent party to pay all fines, in addition to all costs incurred by the City related to the collection of those fines. D. Guidelines for replacement. Replacement of a tree shall take place according to the following guidelines: 1. A replacement tree shall be a substantially similar- speea species native to the Willamette Valley, and grown from a seed source within the Willamette Valley, taking into consideration site characteristics; 2. If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value; 3. If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the Tree Removal 18.790-6 SE Update: 10104 0 estimated DBH eager-size of the tree removed or damaged by the DBH ealiper- size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one or more replacement trees to be planted on other property within the City, either public property or, with the consent of the owner, private property; 4. The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. 5. Replacement trees shall be species native to the Willamette Valley, and grown from a seed source within the Willamette Valley. E. In lieu-of payment. In lieu of tree replacement under Section D above, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. The fee in-lieu costs are based on rates quoted by licensed landscaping and/or tree planting organizations to plant the necessary number and variety of trees required to satisfy tree mitigation obligations. The quote provided must be in accordance with tree species selection and installation guidelines set forth by the Oregon Landscape Contractor's Association. F. Exclusivity. The remedies set out in this section shall not be exclusive.■ Tree Removal 18.790-7 SE Update: 10104