The URL can be used to link to this page

City Council Packet - 01/20/2009 TIGARD CITY COUNCIL WORKSHOP MEETING January 20, 2009 COUNCIL MEETING WILL BE TELEVISED nois10000a•smwktz Revised 1/14/09 - Added Agenda Item No. 9 - Training on Executive Sessions & Ethics y R City of Tigard Tigard Workshop Meeting — Agenda p g � TIGARD CITY COUNCIL MEETING DATE /TIME: January20, 2009 - 6:30 p.m. - Workshop Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 wft PUBLIC NOTICE: Times noted are estimated. 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). CABLE VIEWERS: The City Council Workshop meeting is taped and will be broadcast at the following times on Channel 30: Thursday noon Sunday noon Friday 10:00 a.m. Monday 6:00 a.m. Tuesday 2:00 p.m SEE ATTACHED AGENDA TIGARD CITY COUNCIL AGENDA - JANUARY 20, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 1 of 3 ill City of f Tigard b Tigard Workshop Meeting Agenda ,...., ,,, . , , , , , w , a p g — r :r.: , � .r, .,.>34> av ;;; ,W.44 3 ,v. ,„..,. ... wx ama N _..., 1. ..., >, u , . w9d TIGARD CITY COUNCIL MEETING DATE /TIME: January 20, 2009 - 6:30 p.m. - Workshop Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 • 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. 6:30 p.m. 1. WORKSHOP MEETING 1.1 Call to Order - City Council 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 2. ANNUAL JOINT MEETING WITH THE COM I FIEE FOR CITIZEN INVOLVEMENT • Staff Report: Community Development Department 3. PROPOSED STREET MAINTENANCE FEE INCREASES - PUBLIC INVOLVEMENT REPORT • Staff Report: Community Development Department 4. HIGHWAY 99W - COMMUNITY ENGAGEMENT EFFORTS UPDA'IE • Staff Report: Community Development Department 5. HIGHWAY 99W -- LAND USE AND URBAN DESIGN VISION PROJECT' BRIEFING • Staff Report: Community Development Department TIGARD CITY COUNCIL AGENDA - JANUARY 20, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard or.gov I Page 2 of 3 6. SHOPPING CART ORDINANCE STUDY DISCUSSION • Staff Report: Community Development Department 7. NEIGHBORHOOD TRAIL STUDY PROGRESS REPORT • Staff Report: Community Development Department S. ESTABLISHMENT OF A QTY TRANSPORTATION ADVISORY COMMI'1"1'LE • Staff Report: Community Development Department 9. EXECUTIVE SESSIONS AND ETHICS TRAINING • City Attorney Ramis 10. ADJOURNMENT I: \ ADM \CATHY\CCA \2009 \090120 works hopPdoc TIGARD CITY COUNCIL AGENDA — JANUARY 20, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard-or.gov I Page 3 of 3 Agenda Item # Meeting Date January 20, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Annual Joint Meeting with the Committee for Citizen Involvement Prepared By: Marissa Daniels Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL • The purpose of the joint meeting will be to update Council on the status of the Committee for Citizen Involvement's goals set for 2008, and seek suggestions for the Committee's goals in 2009. The meeting will allow both sides an opportunity to ask questions and provide information to one another. STAFF RECOMMENDATION Provide direction to the Committee for Citizen Involvement and staff, as appropriate. KEY FACTS AND INFORMATION SUMMARY This year, the Committee for Citizen Involvement (CCI) updated their mission statement to reflect the desire for two - way communication between the City and its residents, as stated in the Comprehensive Plan. The Committee's mission statement now reads, "The Tigard CCI reviews the form and process of two -way communication between the City and its residents to improve those communications and to encourage City residents to be more involved with City affairs." The Committee has been hard at work over the past year on two major tasks- development and implementation of the Comprehensive Plan Citizen Involvement section and implementation of the Neighborhood Network program. The Comprehensive Plan chapter was developed under the direction of the Committee for Citizen Involvement over 2007 and adopted in early February, 2008. Goal 1.1, addresses the CCI and its role in Tigard: Policy 1: The City shall maintain a Committee for Citizen Involvement representative of a broad cross - section of the Community to: A. Make recommendations to the City regarding ways to engage the public in City issues, projects, and the land use process; B. Help implement and develop a public information and citizen involvement program applicable to a wide range of issues; and C. Support the enhancement of Tigard's overall level and quality of civic engagement by promoting meaningful citizen involvement in city government. I: \ LRPLN \Council Materials \2009 \I -20 -09 AIS CCI Annual joint Meeting.docx I The CCI oversees the Neighborhood Network program, launched at an open house in January, 2008. Major accomplishments of the Program and the Committee include eleven active neighborhood websites, the development of two new grant opportunities - the Annual Neighborhood Event and Beautification /Clean -up Event, and outreach to the neighborhoods. Many activities will continue into 2009 including formation of Neighborhood Steering Committees, administration of the two grant programs, Neighborhood Network boundary changes, and an open house to be held in February. The Committee set a long list of goals to accomplish in 2008, and their progress on each is detailed in Attachment 1. The CCI would like to receive input from City Council regarding their expectations for the Committee in 2009. The CCI will set goals for 2009 at their January and February meetings. Also of note, Resolution 07 -61, adopted in September 2007, expanded the membership of the Committee to include at- large members. The terms of the first at -large members will expire in February 2009. With expanded membership the Committee was able to make significant progress on their goals in 2008. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal No. 2: Complete the update and begin the implementation of the Comprehensive Plan. Goal No. 4: Promote and honor good citizenship in Tigard. ATTACHMENT LIST Attachment 1: Memorandum dated January 2, 2009, to City Council Attachment 2: CCI Goals and Timeline - 2008 FISCAL NOTES N/A I:ALRPLN \Council Materials \2009 \1 -20 -09 AIS CCI Annual Joint Meeting.docx 2 ATTACHMENT 1 q City of Tigard TIGARD Memorandum To: City Council From: Marissa Daniels Re: 2008 Committee for Citizen Involvement Goals Update Date: January 2, 2009 CCI Goals Update: Goal Title and Accomplishments Status 1 !like % ed Add fsor Comm ttee ' In oce 2008 Accomplishments: - Discussed at meetings in January, February, March, April, May, August, and September - Met with City Council on March 18, 2008 - Mayor attended meeting in August to discuss a compromise V ®;pag Adviso B od 3 . Rescheduled 4. , 2008 Accomplishments: - Originally scheduled for December meeting, will be rescheduled in January or February Pri ate Dev e l opment of® eej to m l Re b 2008 Accomplishments: -Met with Kim McMillan in May to discuss concerns -Kim followed up at September meeting to discuss changes made to the process -Kim is happy to be the contact person for the CCI regarding such issues 4 Outreach. to : der R ep r e tint Gr , 1'r - c es 2008 Accomplishments: - Mayor Dirksen, Councilor Sherwood, and City staff attended St. Anthony's annual picnic 5 N eighb or h oo d P ro gr a m ' a pm dew ,res a 2008 Accomplishments: - Discussed at meetings in January, February, April, May, July, August, September, October, and November - Approved materials for steering committee applicants, website content administrators, and other Neighborhood Network programs - Developed two new grant opportunities - Neighborhood Network Open House held in February U Good Ci zensh p Award Pro rain '' b , '. � . ',.. ., .. Ot SC hedu lecl ,ct8 = Civic Youth Trivolvement-Prograrn Ot Sc e� Ll ec� �' ,7•44, yarAPS--466610b),„ COunci A 1 Hoc Requests . a Complete .._ .... .- .sA_°S �"•,3 �•:�,. ..�. e: s�„� >aR .�.�� a.dset- t'� 2008 Accomplishments: - Forwarded a recommendation to City Council in June regarding the creation of a new process to appoint limited duration (project specific) ad hoc committees. -Joint Meeting with City Council in January 10 .E Evaluate Pub'11 } Involvern wnt "Plans g ,,nj le ` 2008 Accomplishments: - Review of Barrows Rd closure public involvement strategy, June 2008 - Review of Urban Forestry Master Plan Communication Plan, October and November 2008 X15 CPUs g§ r - n .r ss, , t , P a;c 2008 Accomplishments: - Attended meeting sponsored by Washington County CPO program in October ATTACHMENT 2 CCI Goals and Timeline - 2008 �'s;+�'- ," �^ ��,� ".. �� r",- xi:" -�• �� "�'� sj. c"^ ','er Sm �,�' X"r � .._ ,� ,far 'q ^. ", ,�: � J,une 7u1 Au i rs t Oct #Nom iv6aelts Goal 1: Bike /Ped Advisory Committee xxx Goal 2: Webpage Advisory body xxx Goal 3: Private Dev Public Notice req xxx Goal 4: Outreach to under- represented groups xxx xxx Goal 5: Neighborhood Program xxx xxx xxx xxx xxx xxx xxx Goal 6: Good Citizenship Award Program xxx xxx xxx [Council mandate] C oa l 7 : Fanno Crcck Con Goal 8: Civic Youth xxx xxx Involvement Program [Council mandate]] Goal 9: Council ad hoc Requests [none to date] Goal 10: Evaluate Public Involvement Plans C _ n m •tt cc [assign to bike /ped or youth adv corn] Goal 12: Sustainability [move to 2009] Goal 13: Parks & Open Space [move to 2009] Festival [no longer sponsored by City] Goal15: CPOs xxx [presentation by OSU Ext Service] Goal 16: Schools [combine with neighborhood program] Goal 17 Civic Leadership Academy [move to 2009] Agenda Item # Meeting Date January 20, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide: Proposed Street aintenance Fee Increases -Public Involvement Report Prepared By: A. P. Duenas Dept Head Okay 7 City Mgr Okay !d ISSUE BEFORE THE COUNCIL Report to Council on the public input received during the public process developed to receive citizen and business comment on the proposed Street Maintenance Fee increases. STAFF RECOMMENDATION No Council action required. Report on the public comments received regarding the proposed Street Maintenance Fee increases. KEY FACTS AND INFORMATION SUMMARY • Proposed increases to the Street Maintenance Fee were presented to City Council on October 21, 2008. Council directed that a public process be established to receive public comment before Council considers the increases. • • To receive citizen and business input, two open houses were scheduled, one on November 19, 2008 and the second on December 11, 2008. In addition, staff issued press releases for both open houses, prepared a front page article for the December issue of the Cityscape, and featured the item as a "Hot Topic" on the City's website. Notices were sent to all City boards and committees for the December open house. • Open House Input • The public input during the public process included comments during the open houses, a few email messages, and phone calls. • The Public Involvement Summary Sheet (attached) provides a summary of the two open houses conducted and lists the emails and the one phone call received. The first open house on November 19, 2008 was attended by two citizens. City staff answered questions and provided all relevant information regarding the proposed increases. The second open house on December 11, 2008 was attended by 4 citizens. These citizens were likewise provided with information regarding the fee increases. • The schedule for Council consideration of the proposed Street Maintenance Fee increases is: • January 27, 2009 — Proposed amendment to Ordinance No. 03 -10. The proposed changes to the ordinance include addition of right -of -way maintenance to the street maintenance scope, classification of local Commercial /Industrial streets under the non - residential category, and incorporation of an inflation factor to account for cost increases or decreases annually. • February 10, 2009 - Adoption of a City long -term OCI (Overall Condition Index) goal of 75, which is achievable over a 20 -year period. The current OCI is at 68. • February 10, 2009 - Implementation of the fee increases phased in from 2009 and 2011. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS "Pursue opportunities to reduce traffic congestion in Tigard." Timely street maintenance minimizes the need for costly reconstruction and allows available funds to be redirected to other projects. It also provides better rideability and should improve traffic flow on City streets. ATTACHMENT LIST 1. Public Involvement Summary — Proposed Street Maintenance Fee Increases ( includes copies of emails and record of phone calls) 2. Cityscape front page article on the proposed fee increases 3. Associated Press article on asphalt shortage published in the Oregonian 4. Phase -In Plan for proposed fee increases FISCAL NOTES The current monthly rates of $2.18 per residential unit and $0.78 per code required parking space for non- residential provide slightly over $800,000 in annual revenue. The funding needed to adequately maintain the street infrastructure and provide right -of -way maintenance is $2,500,000. The phase -in period will allow for incremental increases leading to implementation of the full monthly rates needed by mid -2011. So that the final rates in 2011 account for inflation during the phase -in period, the proposed charges include a 6.5 percent inflation factor. The proposed rates are as shown in the Phase -In Plan attached. is \eng \gus \council agenda summaries \2008 \1 -20 -09 street maintenance fee status report ais.doc Public Involvement Summary • Proposed Tigard Street Maintenance Fee Increases Open Houses Two open houses were held to allow the public to gain information, ask questions, and state their opinions about the proposed changes to the Street Maintenance Fee. These open houses were held on November 19th, 2008 at the Tigard Public Works Auditorium and on December 11th, 2008 at the Tigard City Hall. Both were held from 6:00 to 8:00pm. Visitors interacted with staff at three `stations.' At the first station, Gus Duenas explained the history of the Street Maintenance Fee, the proposed changes, the reasons for the proposed changes, the general strategies of the pavement management program, answered any questions the visitor had, and listened to their comments. At the second station, Mike McCarthy explained what projects have been completed in recent years using Street Maintenance Fee revenue, what projects would be constructed if the proposed changes are implemented, answered any questions the visitor had, and listened to their comments. At the third station, Vance Walker explained how the right -of -way maintenance fee would be used, and answered questions and listened to comments. Attendees at the November 19th Open House Were: John Frewing 7110 SW Lola Lane 503 -245 -5760 Mr. Frewing attended both open houses. Mr. Frewing asked several detailed questions (note that he also sent several e- mails) about the fee, how it was calculated, and how it would be used. He seemed to be particularly focused on the calculations used to determine what proportion of the fee should be charged to commercial /industrial uses, compared with the proportion that would be charged to residential uses. He seemed to generally understand and support the concept of increasing the fees, but he seemed to believe that the commercial /industrial users should be paying more of the fee. Steve DeAngelo 13215 SW 124th Ave 503 - 620 -9020 steve@cateringbydeangelos.com Owner of DeAngelo's catering 9037 SW Burnham St Mr. DeAngelo asked several questions about the fee and the pavement management program. While he seemed negative about the concept of raising fees, he did seem to understand the need. Attendees at the December 11th Open House Were: Trudy Rudnick 11320 SW Walnut St 971 -322 -7792 Carrutd9(ipeoplepc.com Ms. Rudnick Asked about the general Street Maintenance Fee concept. She seemed to understand the need and seemed generally positive about the potential fee increase. She seemed more interested in a potential project to widen Walnut Street to add curb, sidewalk, and bike lane from Tiedeman to 116th. Christine Benavidez 13109 SW Merlin Pl, Tigard, 97223 CABE @DEAINC.com Ms. Benavidez asked a few questions about the fee, its implementation, and the plan for pavement overlays. She seemed to generally understand the need and seemed generally positive about the fee increase. Note; It appears that she works for David Evans & Associates, a large local Civil Engineering firm. Mike Marr 12420 SW Main St 503- 624 -2975 • mikemarr@verizon.net Mr. Marr asked several questions about the proposed fee increase and pavement management program, generally from a negative point of view. The gist of his comments seemed to be that he doesn't understand how the City could consider raising fees in this difficult economic time, and thus opposes the fee increase. He seemed to think that his properties in downtown Tigard are charged an unfairly high fee. John Frewing 7110 SW Lola Lane, Tigard, OR 97223 503 - 245 -5760 Mr. Frewing attended both open houses. Mr. Frewing asked several detailed questions (note that he also sent several e- mails) about the fee, how it was calculated, and how it would be used. He seemed to be particularly focused on the calculations used to determine what proportion of the fee should be charged to commercial /industrial uses, compared with the proportion that would be charged to residential uses. He seemed to generally understand and support the concept of increasing the fees, but he seemed to believe that the commercial /industrial users should be paying more of the fee. Em ails (attached) • Email from Mr. Brad Fitt expressing opposition to the proposed increases with response from City Engineer • Emails from Mr. John Frewing with responses to certain questions raised. Some of Mr. Frewing's questions were answered at the two open house discussions. • Email from Norma Harris (10700 SW 72nd Avenue) expressing opposition because of economic conditions • Emails from the Northwest Grocery Association (formerly Oregon Grocery Association) to Mayor Dirksen and Councilors Sherwood and Wilson requesting a meeting to discuss the proposed fee increases Phone Calls • Phone call from Mr. Frank Kerr (503- 620 -7126) suggesting that the proposed fee increases be limited to half the amount proposed. Gus Duenas From: Gus Duenas Sent: Wednesday, December 10, 2008 3:58 PM To: 'fitt_brad @yahoo.com'; Craig Prosser; Cathy Wheatley Cc: Mike McCarthy; Kim McMillan; Craig Prosser; Cathy Wheatley; Councilmail Councilmail Subject: RE: No On Street Maintenance Fee Increase Mr. Fitt, Thank you for your comments regarding the proposed Street Maintenance Fee increases. I would like to respond to your comments and to the specific examples that you provided in your email. Since the establishment of the Street Maintenance Fee in 2003 and its implementation in April 2004, we have been able to overlay such major streets as Durham Road and Greenburg Road, as well as numerous local city streets. Without that funding source, the streets would have deteriorated to the point where reconstruction would be necessary. The proposed increase in the fee is primarily to catch up with the dramatic increase in asphalt prices during the last two to three years. Where the prices used to be $30 to $35 dollars a ton in 2003, the current prices are around the $75 to $85 per ton. Much of the steep rise in prices occurred during the last year or two. The $800,000 target in 2003 now requires $1,800,000 just to maintain the same buying power. You may want to look at our website at the following address to read more about why the increase is necessary (http://www.tigard- or.gov /city hall /departments /cd /capital construction /street maintenance /default.asp). You may want to look at the Powerpoint presentation to Council, which paints the grim picture we are facing today. The Street Maintenance Fee funds can only be used to maintain existing streets. If we don't maintain the streets in a timely manner, they will deteriorate to the point where it will cost us 9 or 10 times more in reconstruction costs. When people and goods can no longer move around because the streets are in such poor condition, the economy will suffer and businesses would not want to continue to operate here. ® Cement median on Gaarde Street: This median was a condition of approval for St. Anthony's expansion into the empty lot west of the cemetery and was provided as part of their development. Because Gaarde Street is an arterial street (carries traffic of 10,000 vehicles per day or more), we try and consolidate driveways whenever development occurs. Multiple driveways interfere with traffic flow on high volume streets. St. Anthony's already has a driveway on that empty lot. We wanted to close the existing driveway on the current cemetery lot, but compromised by eliminating the left turns in and out of that driveway. • The funding we have available for street improvements typically have certain limitations on use. Traffic impact Fee funds are used only to add capacity to roadways. The Street Maintenance Fee funds are used strictly for maintenance of existing streets, and the Gas Tax fund can be used for street - related improvements within the existing public rights -of -way. The median on McDonald Street was installed to eliminate left turns too close to the intersection with 99W. It was installed as part of the widening of the McDonald Street approach to provide dedicated left -turn, through and right -turn lanes. That project was funded by Traffic Impact Fee funds to improve the capacity of the intersection to accommodate the large volumes of traffic. Turning movements into and out of the driveways close to the intersection are dangerous with the widened intersection approach and interfere with the smooth flow of traffic on the approach. We installed the candlesticks because some vehicles are mounting the median and making the turns anyway, We have been able to retrieve most of the candlesticks that have been knocked off and reattached them periodically. We did not install a higher median because we wanted to allow emergency vehicles to mount the median if necessary. However, because it is becoming a maintenance problem, we are considering expanding the median vertically to eliminate those turning movements. 1 The "Welcome to Tigard" signs were installed using Parks funding to help create a stronger identity and better image for the City. It was a high priority project for our City Council. That funding cannot be used for street improvements. The current fee of $2.18 per residential unit per month is the lowest among all the cities in Oregon that have established a street maintenance fee of some kind. That is because it has not been increased since it was initiated in 2004. We do invite you to come to the Open House on December 11 so that we can answer your questions in much greater detail. If you definitely can't make it, our website at the web address above is a source of information regarding the need for the proposed increases. From: Brad Fitt [mailto:fitt_brad ©yahoo.com] Sent: Wednesday, December 10, 2008 2:52 PM To: Gus Duenas; Craig Prosser; Cathy Wheatley Subject: No On Street Maintenance Fee Increase Cathy, Please forward this message on to each City Council member. I cannot see their e -mail addresses in the newsletter. Thank you. Gus, I cannot attend the Open House event tomorrow night but I would like to share my thoughts. In short, I am against any proposed tax increase. The Cityscape Newsletter states "A significant increase in annual revenue is needed ". Not to be rude but in my estimation, you probably already have too much. I say that because I look around and see work projects being done that don't even need doing. For instance, you installed a cement median on Gaarde to prevent left -hand turns into St. Anthony Cemetary. Why in the world did that project need completing? What a senseless thing to do. What did it accomplish? In all my days, I have never seen a car even trying to turn left there. All I can figure is that you had money to burn in 2008 and needed to do something with it or risk losing it in 2009. Who knows? What about the plastic median sticks your city workers constantly put up at the intersection of 99w & McDonald? Seems to be plenty in the budget to constantly replentish any gaps in the fence they create. How may pilons do you need there? There must be 25 on that short strip. And your telling me you need a significant increase? Lastly, why build "Welcome to Tigard" signs around the city if we are short on project money? Don't get me wrong... I like the signs, but not at the expense of another tax increase. We need to complete projects as tax dollars allows. Tigard has a duty to be a wise stewards of taxpayer money. Many taxpayers are like myself. We do not have an inexhaustable supply of money. In these troubled times, I would like my taxes to go down, not up. Please be sensitive to Tigard citizens needs. Cut something else if you truly need more road money. Or better yet, prioritize the projects and do with less. Thank You, Brad Fitt 503- 799 -7015 2 Gus Duenas From: Gus Duenas Sent: Tuesday, November 25, 2008 3:36 PM To: 'John Frewing' Cc: Mike McCarthy; Tom Coffee; Craig Prosser Subject: RE: 2007 Oregon Highway Cost Allocation Study (HCAS) John, As I understand it, you are trying to verify that the City's paving costs are fairly allocated between residential and non- residential users to ensure that each is paying their fair share. This goal is one that we fully agree with. The 2007 Oregon Highway Cost Allocation Study (OHCAS) that you refer to looks at a very different question. The OHCAS is primarily concerned with the cost of maintaining and upgrading the Oregon roadway system and allocating this cost between heavy vehicles (trucks) and light vehicles (such as cars) and, thus, how much of the roadway revenue should come from the gas tax (mostly cars) and the weight -mile tax (trucks). It concluded that passenger vehicles should pay about 66% and heavy vehicles 34% of the total costs, with the gas tax and weight -mile fees split accordingly. We believe the division of Tigard's pavement maintenance /overlay costs between residents and businesses is a very different question, and is best figured out by the methodology we have been using. For one, many of Tigard's major streets are truck restricted. The streets within the City that have large heavy truck volumes are 99W and Hall Blvd (State highways). After subdivisions are constructed, the heavy vehicles that traverse the local streets are primarily for hauling garbage. School buses use collectors and neighborhood routes. The TriMet buses usually stay on arterials and collectors, and on some local commercial streets. However, we do realize that the arterials that are not truck restricted (Greenburg and Durham Road, to a limited extent) are taking a beating because of heavy traffic volumes and possibly a larger percentage of heavy truck traffic than normal for a City street. That is why our future maintenance plan uses deterioration curves on arterials and collectors that are steeper than the ones for local residential streets. Through that manner, we account for the impact of the heavy trucks on arterials and collectors, which is reflected in the estimated amounts that we plan to spend on each of the functional classifications each year. The "commercial /industrial" streets that we have identified are based on who benefits from the projects. Those that clearly serve a commercial or industrial area will be charged to "non - residential" uses. This because the original ordinance did not distinguish between local residential and local commercial /industrial streets. It merely lumps them under the local street category. The proposal to re- categorize those commercial /industrial streets under the "non- residential" category is a refinement of the methodology to provide a fairer way to allocate the charges. If you have any further questions, please let me know. From: John Frewing [mailto:jfrewing ©teleport.com] Sent: Saturday, November 22, 2008 7:43 AM To: Gus Duenas Subject: 2007 Oregon Highway Cost Allocation Study (HCAS) Gus, 1 I just found the 2007 Oregon Highway Cost Allocation Study on the internet. I searched for Oregon DAS Cost Allocation Study; one of the choices was the 1999 HCAS, but when I opened it, it had results from each of the biennium studies done for Oregon Dept of Administrative Services (DAS). You might want to look at it. It looks at not only state highways, but also, separately, local streets and arterials. The results are not too different than the allocation which you seem to be using. However, it occurs to me that by having a Street Maintenance Fee in Tigard, we free up some gas tax monies which come from the state, and these 'freed up' monies may not be being spent in a fair way in Tigard. For what projects are the 'freed up' monies used -- do they benefit the commercial /industrial streets more than the residential streets? I looked at the 08 CIP to look for projects which use gas tax funds, and it looks to me like the bulk are on the commercial /industrial streets. Am I looking at this in a fair way? John Frewing 2 Gus Duenas From: Gus Duenas Sent: Thursday, October 30, 2008 9:16 AM To: 'John Frewing' Cc: Craig Prosser; Tom Coffee; Councilmail Councilmail; Mike McCarthy Subject: RE: Street Maintenance Fee Thank you for providing your thoughts on the Street Maintenance Fee. We are currently preparing information for display and presentation at two open houses regarding the proposed Street Maintenance Fee increases and revisions to the current ordinance. Instead of responding to the questions you posed, we invite you to attend one or both of the open houses. Most, if not all, of your questions should be answered in the reports we are preparing for those meetings. You may also submit your comments at either of those meetings for Council consideration in January and February 2009. The open houses are scheduled as follows: Wednesday, November 19, 2008, 6:30 p.m. to 8:00 p.m. at the Tigard Public Works Auditorium and Thursday, December 11, 2008 at City Hall, Town Hall meeting room, 6:30 p.m. to 8:00 p.m. Our website has been updated to provide a summary of the proposed increases, the information about the open houses, and the Council meeting dates in January and February 2009. Look under the "Hot Topics" area on the City's home page. From: John Frewing [mailto:jfrewing @teleport.com] Sent: Sunday, October 19, 2008 5:20 PM To: Craig Dirksen Cc: Craig Prosser; Gus Duenas Subject: Street Maintenance Fee Mayor Dirksen, I see that the City Council will be discussing the Street Maintenance Fee on Tuesday 10/21. As the agenda doesn't show any slot for public review, yet the Council is asked to provide pretty specific direction for an ordinance to appear before the Council at a later date, I will offer my input, at least as much as I can recall from 2003 times, now. Of course I assume that a later ordinance will have a public hearing, but at that stage, the City Council has already pretty much dictated the terms they find acceptable. I am happy to volunteer and spend my time on review of the current situation and then offer this input, as I know that the Council is trying to do the best job for all citizens of Tigard and public input means so much to you and city staff. You will recall that I offered some ideas in 2003 (Griffith was then mayor) when the initial street maintenance fee was adopted. I had concerns about the methodology finally adopted, which, as I recall, placed some estimated 70 percent of costs on residents and 30 percent of costs on commercial /industrial, whereas the citizen committee set up to devise a plan for a street maintenance fee recommended just the opposite percentage split. The change in methodology came from input from the Oregon Grocers Association, representing the interests of 'big box' commercial establishments. The street maintenance fee was new, so nobody knew for fact how it would work out, and I was promised a review of the METHODOLOGY in three years. It is now some 5 years down the road and the material in the Council packet doesn't address the METHODOLOGY at all. I am disappointed. I would hope that Council would ask for a review of the actual RESULTS of five years of street maintenance fee collections, in order to guide your thoughts on changes in both fee levels and methodology. What streets, lengths and maintenance work were done each year (marked on a map would help understand the program)? How did costs actually match up against the needs of arterial, connector and residential street categories? What kind of difficulties in administration have arisen? What kind of success in collections has occured? What appeals from City Engineer have developed? How have other cities implemented and modified their street maintenance fees in the last 5 years? How has the 'prevalent use of the street' for different streets changed over 5 years or since the TSP established street categories(seeing that the TSP is old -- being updated). Is the cap on commercial /industrial parking spaces still appropriate (max of 200) - who uses this cap for fee determination? How has the city determination of 'occupied residential unit' been made each year? How should Tigard deal with many new PRIVATE streets which cause use of public streets? Why should storm drainage repair /replacement be funded by a street maintainance fee instead of a storm 1 sewer fee? Where is the "5 -year plan for maintenance and restoration (corrective and preventive) of streets" which was originally used and how was it implemented? What was the result of the 3 year program review and associated update of 5 -year plan? How have vacancy determinations been administered? Has the Appeal Committee been useful or should its provision be modified? You will recall that in 2003, I urged the Council to include sidewalk repair and maintenance in the street maintenance fee scope of work. I think with the price of gasoline much higher now, it is more important that this pedestrian amenity in Tigard be kept up. The Council packet does mention this category of work, but says now that it should be considered at a later time. Now is the later time that was promised in 2003. Please ask staff to prepare an analysis of changes in pedestrian use in Tigard over the years and the relative need of sidewalk maintenance and repair, considering is much smaller cost than street work. The new Tigard street maintenance program should be modified to include incentives for owners of developed lots to add and maintain pedestrian amenities on their property. Access to transit should be favored in designing a fee schedule for new residential and commercial /industrial development. For example, a subdivision that went beyond providing sidewalks on its street frontage and provided sidewalk or pedestrian improvements extending to the closest bus stop should be assigned a special 'transit friendly' street maintenance fee, less than otherwise would be assessed. I will try to attend Tuesday night and would be glad to discuss these comments and concepts with you or staff then or at your convenience, hopefully before the concrete sets on your recommendation for extension of the Tigard street maintenance fee -- a necessary fee for improvement of the city. Let me know of your availability. Sincerely, John Frewing 2 Gus Duenas From: John Frewing [jfrewing @teleport.com] Sent: Wednesday, November 26, 2008 10:11 AM To: Gus Duenas Cc: Craig Dirksen Subject: Re: 2007 Oregon Highway Cost Allocation Study (HCAS) Gus, First, lets be clear about the 2007 HCAS. You noted a 66 -34 cost responsibility; those were the numbers overall for users of state highways. Exhibit 5 -6 gives the cost responsibility numbers for local expenditures -- it seems to say that for preservation and maintenance (these two categories look like the closest thing to the expenditures for the Tigard street maintenance fee), light vehicles are responsible for about 45 percent of costs and heavy vehicles ( >10,000 lbs gvwt) are responsible for about 55 percent of costs. It is these numbers which I think should be compared to the Tigard calculation of cost responsibility. My notes show that the Tigard calculation assigns 58 percent of the work to residential streets (light vehicle users) and 42 percent of the work to commercial /industrial streets (heavier vehicle primary beneficiaries); thus the Tigard calculation is significantly at odds with the Oregon HCAS study. How can this be fixed in our local fee structure? In the 2007 HCAS, local expenditures appear to be only 17 percent of total highway and street expenditures in Oregon (these would consist of highway types 9 -12: principal arterials, minor arterials, collectors and local streets). One question would be how closely do the Tigard maintenance fee expenditures match the categories of expenditures shown on Exhibit 3 -1 of the 2007 HCAS study? Our Tigard fees obviously don't do upgrades or modernization, only maintenance. But there are 120 categories; are all of them accomplished in Tigard with the Tigard fees? I don't think we are communicating regarding my question about the transferability of state gas tax monies in Tigard. My question was whether or not the state gas tax monies which are 'freed up' by using the street maintenance fee monies for Tigard street maintenance are being applied to commercial and industrial streets or are being applied to residential streets. I noted that from looking at the 08 CIP, it looks like they are being spent on commercial and industrial streets. My thought would be that these 'freed up' monies ought to be spent in the same proportions as the street maintenance fee monies, ie 55 -45. I did have a couple other questions from my email of 11/20: A Are there places where permeable pavement can be used for work under the street maintenance fee? Where? B What is basis for sidewalk work estimates and where would it be applied if incorporated in street maint fee? C What would a VMT type of model yield as a cost expenditure split in Tigard for our street maint fee? Today, a new one occurs to me: Couldn't Tigard conduct a statistically valid sampling of actual parking spaces versus minimum required parking spaces and apply the result of such work to fees for commercial and industrial lots? If you or Mike would identify 15 randomly chosen commercial and industrial lots, I would be glad to go out and count actual parking spaces. I look forward to your thoughts on these outstanding issues. I noticed last evening that City Council is tracking issues related to the street maintenance fee. Thanks, John Frewing 1 Gus Duenas From: Gus Duenas Sent: Thursday, November 20, 2008 10:11 AM To: 'John Frewing' Cc: Mike McCarthy Subject: RE: Street Maintenance Fee Open House Attachments: fig_8-3.pdf John, So that you can have it right away, attached is Figure 8 -3 from the Tigard TSP. It shows the street functional classification within the City. Much of the information was prepared in 1999 and 2000. The TSP was officially adopted in 2002 after an extensive public process. As a result, two of the streets shown as planned in this figure are already in place today (Gaarde Street to Walnut and the Murray Blvd Extension from Barrows to Scholls Ferry). We'll get back to you on the other questions. From: John Frewing [mailto:jfrewing @teleport.com] Sent: Thursday, November 20, 2008 8:31 AM To: Gus Duenas Subject: Street Maintenance Fee Open House Gus, Thanks so much for your discussion with me last evening. I learned a lot! I feel much better about the question of whether Tigard residents pay more or less than their fair share of street maintenance in this Street Maintenance Fee account. You indicated you could email me a sheet of the Tigard functional street plan (from TSP I presume). Could you do that or have someone do that? A couple other questions arose as I drove home; maybe there is an easy answer to email me, or maybe I can look over some other information at next open house: 1 Are there any appropriate spots (I presume on local streets with less use) to use permeable pavement in street maintenance? 2 What is the basis and where would sidewalk maintenance /repair funds be used if that category were included in a street maintenance fee? 3 How does the Tigard model for cost allocation compare to the ODOT cost allocation model, specifically for city streets. I believe they have done cost allocation not only for the big state highways, but also for city streets. 4 How would a VMT model assign cost and revenue accountability for Tigard? Thanks, John Frewing 1 Gus Duenas From: Gus Duenas Sent: Wednesday, December 03, 2008 5:28 PM To: 'John Frewing' Cc: Mike McCarthy; Tom Coffee; Craig Prosser; Ron Bunch Subject: Responses to Questions on the Street Maintenance Fee Attachments: Agustin P Duenas P E .vcf John, The following are responses to some of the questions you raised in previous emails. A. Permeable Pavement: In typical permeable pavement installations, rain water permeates through the pavement and into a thick gravel base (under the pavement), where it stays until it permeates into the soil and dissipates. This typically necessitates street reconstruction if one is to reap the benefits of the permeable pavement. For this reason, permeable pavement is more appropriate for new construction than maintenance overlays. In addition, where soils have low permeability (much of Tigard is that way), supplementary drainage systems need to be set up to avoid saturation of the pavement. Typical applications are on parking lots and low volume roads. Concerns include silt settling into the pavement and plugging it up. It has to be vacuumed several times a year. In addition, rejuvenation of that type of surface cannot be done through seals and other traditional treatments. Replacement would most likely be the only option. B. Sidewalk work: Maintenance of existing sidewalks would involve sealing cracks, removing toe stubbers, panel replacement, etc. At the time we were proposing the fee, our Public Works Department estimated that $90,000 annually would be a good amount to begin an annual program of addressing sidewalk settlement and upheaval issues based on a Citywide review of existing sidewalk maintenance issues. I'm sure the number could have been much higher, but we were trying to keep the fee amount at reasonable levels while establishing a new program to deal with those sidewalk maintenance issues. The amount will need to be updated and because of higher costs now would probably require at least double the amount originally proposed in 2002 -03. As you know, sidewalk maintenance was not included then and is not proposed in the program at this point. The need to deal with sidewalk issues remains. C. Applicability of the 2007 HCAS conclusions: Figure 5 -6, which you cited in one of your emails, is for all local jurisdictions and all the roads within them. The majority of these costs are actually for rural roads, which have very different usage characteristics — much higher truck percentages, much higher average truck sizes and weights, and significant use by forest and agricultural farm -to- market haulers. It would be inappropriate to assume Tigard streets would have the same characteristics. The work type (figure 3 -1) question seeks to compare Tigard's street maintenance work to a list of 120 work activities used in the HCAS study. Tigard's work is pavement maintenance and preservation, and with right -of -way maintenance included would cover vegetation and weed control plus enhancement of selected right -of -way areas. The scope is limited and does not include all of the other activities listed. D. Parking Usage: We believe the code requirements for parking based on the use category of the property is the fairest way to distribute the charges. Each type of business requires a minimum number of parking spaces. If the business is in operation, the most of the customers and employees are parking somewhere. To determine actual parking spaces would be extremely difficult. Just one example of the issues involved would occur in a parking lot serving multiple businesses? How would one determine which business each vehicle is there for? I am also convinced that the information gathered would not provide a better way to distribute costs than the system we are currently using. E. VMT model: We are not sure how a VMT (Vehicle Miles traveled) model can be used in the methodology. Calculating the total vehicle -miles traveled of each class of vehicle and then proportioning the fee based on the usage 1 attributed to residential and non - residential users requires extensive counting and data collection efforts and raises several more questions: How would one apportion the costs? How would one account for heavy vehicles (such as buses, garbage trucks, and maintenance vehicles) that primarily serve residences. If a person drives from a residence to a business, who should pay for the calculated cost of the trip? F. Use of gas tax funding for commercial and industrial streets: The gas tax fund is used for maintaining and upgrading City streets. With the street maintenance fee funding directed to maintenance of the existing pavement, gas tax funds can be applied to enhance the maintenance treatment or to reconstruct and widen major streets. A good example is the 79 Avenue project south of Ashford Street currently nearing completion. We used the street maintenance fee to reconstruct the existing structural section, but supplemented it with gas tax funds to provide a paved shoulder on each side. Collectors and arterials serve all the residents in the City. The distinction we make in categorizing certain local commercial and industrial streets as more appropriately charged under the non - residential category is to recognize that these streets are located in commercial or industrial complexes and primarily serve the businesses in those areas. Note that these are local streets, but are not residential in location or service. I hope this answers most, if not all, of your previous questions. If you have any further questions, we would be happy to meet with you to discuss them, or respond to them at the open house on December 11 M Agustin P. Duenas, P.E. City of Tigard City,Engineer 5O3) 718 247D 44,Of '� t ,,� "�.; (503,x- 9159- 41888 3�obile gustioai d- or.gov - 13125 SW Hall Boulevard Tigard, Oregon 97223 'WNW . tiqard-or :cloy 2 Gus Duenas From: John Frewing [jfrewing @teleport.com] Sent: Thursday, December 04, 2008 7:37 AM To: Gus Duenas Subject: Street Maintenance Fees Gus, Thanks for your thoughtful answers to my questions and observations. Very good. I do hope to attend the coming workshop and hope others will also. John Frewing 1 Gus Duenas From: harris4828@comcast.net Sent: Tuesday, December 02, 2008 4:46 PM To: Gus Duenas Subject: street maintenance fee increase There is no way I can support a raise in anything at this time in this economy. Norma Harris 10700 SW 72nd Ave I. Gus Duenas From: Craig Dirksen Sent: Tuesday, November 25, 2008 2:41 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Mtg. Request - SMF Proposal Importance: High From: Amanda DaltonfSMTP :AMANDA(a�DALTONPR.COM1 Sent: Tuesday, November 25, 2008 2:41:09 PM To: Craig Dirksen Subject: Mtg. Request - SMF Proposal Importance: High Auto forwarded by a Rule Hello Mayor Dirksen, I'm working on behalf of the Northwest Grocery Association (formerly Oregon Grocery Association) and would like to schedule a meeting with yourself and our Association President, Joe Gilliam. As you may remember, Joe and Dan Floyd (now with Safeway) were instrumental in the original SMF proposal in 2003/04. As such, you can imagine our members have significant interest in the most recent revised rate proposal. I apologize for the last minute request, however we are trying to arrange a sit -down with you prior to the Holiday season. Do you have any time the morning of Monday, Dec. 1st or Tuesday, Dec. 2nd (any time) to meet with us to discuss the latest Street Maintenance Fee rate proposal? We appreciate your time and consideration, Amanda Dalton cell: 503 - 884 -0415 Amanda Dalton DALTON PUBLIC RELATIONS & GOVERNMENT AFFAIRS p. 503.639.8043 f. 503.200.1945 1 Gus Duenas From: Sydney Sherwood Sent: Tuesday, November 25, 2008 2:42 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Mtg. Request - SMF Proposal Importance: High From: Amanda DaltonJSMTP:AMANDA cr DALTONPR.COMl Sent: Tuesday, November 25, 2008 2:42:16 PM To: Sydney Sherwood Subject: Mtg. Request - SMF Proposal Importance: High Auto forwarded by a Rule Hello Councilor Sherwood, I'm working on behalf of the Northwest Grocery Association (formerly Oregon Grocery Association) and would like to schedule a meeting with yourself and our Association President, Joe Gilliam. As you may remember, Joe and Dan Floyd (now with Safeway) were instrumental in the original SMF proposal in 2003/04. As such, you can imagine our members have significant interest in the most recent revised rate proposal. I apologize for the last minute request, however we are trying to arrange a sit -down with you prior to the Holiday season. Do you have any time the morning of Monday, Dec. 1st or Tuesday, Dec. 2nd (any time) to meet with us to discuss the latest Street Maintenance Fee rate proposal? We appreciate your time and consideration, Amanda Dalton cell: 503 - 884 -0415 Amanda Dalton DALTON PUBLIC RELATIONS & GOVERNMENT AFFAIRS p. 503.884.0415 f. 503.200.1945 1 Gus Duenas From: Nick Wilson Sent: Tuesday, November 25, 2008 2:43 PM To: Craig Prosser; Liz Newton; Councilmail Councilmail Subject: FW: Mtg. Request - SMF Proposal Importance: High From: Amanda Daltonf SMTP:AMANDA an,DALTONPR.COMI Sent: Tuesday, November 25, 2008 2:43:08 PM To: Nick Wilson Subject: Mtg. Request - SMF Proposal Importance: High Auto forwarded by a Rule Hello Councilor Wilson, I'm working on behalf of the Northwest Grocery Association (formerly Oregon Grocery Association) and would like to schedule a meeting with yourself and our Association President, Joe Gilliam. As you may remember, Joe and Dan Floyd (now with Safeway) were instrumental in the original SMF proposal in 2003/04. As such, you can imagine our members have significant interest in the most recent revised rate proposal. I apologize for the last minute request, however we are trying to arrange a sit -down with you prior to the Holiday season. Do you have any time the morning of Monday, Dec. 1st or Tuesday, Dec. 2nd (any time) to meet with us to discuss the latest Street Maintenance Fee rate proposal? We appreciate your time and consideration, Amanda Dalton cell: 503 - 884 -0415 Amanda Dalton DALTON PUBLIC RELATIONS 86 GOVERNMENT AFFAIRS p. 503.884.0415 f. 503.200.1945 1 i City of Tigard s Official Newsletter ITYSCAPE . 1j ads • , i t ' e 1 December 2008 Edition Mayor's Corner Council Considers Street Maintenance Fee Increase A big congratulation goes out to The Street Maintenance Fee was would be applied to keep up with cost the citizens of Tigard! Dozens of established in 2003 by a citizen task increases or decreases. involved residents devoted hundreds of force in response to a reduction in For more information, visit the volunteer hours to achieve the Council state and federal funding for road city's website at www.tigard -orgov or goal of a complete update of the Tigard infrastructure. This fee provides a contact City Engineer Gus Duenas at Comprehensive Plan. I want to formally stable source of revenue for Tigard 503- 718 -2470 or gur@tigard- orgov. • acknowledge the efforts of the Planning street maintenance. Commission, Policy Interest teams and A recent review of the city's city staff who were intimately involved street network revealed that the annual in the work. We knew it would be a big revenue generated by the existing Open House Event task since the Plan, adopted in 1983, had fee has not kept up with the rapidly one a complete update. It did An extended comment period for never undergone P P rising cost of asphalt and is no longer c i nput is set for: not reflect community conditions, current sufficient to adequately maintain city values and aspirations of the citizens. The streets. • Thursday, December 11, 2008 importance of reaching this goal cannot from 6:30 to 8 p.m. at Tigard be overstated. The updated Plan is a vital A significant increase in annual City Hall revenue is needed to adequately tool for the community and decision- maintain current roads and fund Public Hearing Scheduled makers. that have been postponed due projects p tp City Council will hear public The Tigard Comprehensive Plan acts to a lack of funding. $2,500,000 is testimony and consider changes as the city's "constitution." It provides a required to ensure timely maintenance to the ordinance at the Council policy basis for Tigard's land use planning of all the city's streets, medians and Meeting: rights-of-way. and outlines the community's g ghts -of- -way. vision for the future. It aims to organize • Tuesday, January 27, 2009 at city actions and programs to best address This figure has been proposed 7 p.m. at Tigard City Hall the community's livability, economic to Council for consideration. The vitality and other issues important to proposed fee increase for a residential igard's citizens. unit would move from $2.18 to $6.06 The proposed fee increase phase - per month and commercial and in period will be voted on by The next step is updating city codes industrial uses would change from Council at the February 10, 2009 to ensure they reflect the language and $0.78 to $2.44 per parking space, per Business Meeting. If approved, vision outlined in the new Comprehensive month. the new fees would not become Plan. Citizen involvement again will be effective until April 1, 2009 or a key component of this effort and I To lessen the immediate impact, am confident Tigard's citizens will again increases would be phased in from later. provide their support. 2009 to 2011 so that by 2011 the fees charged would be at the level needed 67 .....1.4 to adequately maintain city streets and rights -of -way. An inflation factor Craig E. Dirksen, Mayor TIGARD CITY COUNCIL: MAYOR CRAIG DIRKSEN, GRETCHEN BUEHNER, SYDNEY SHERWOOD, NICK WILSON, TOM WOODRUFF Edged aside by fuels, asphalt hits the bricks by The Associated Press Monday November 10, 2008, 6:00 AM SEATTLE -- Expect a bumpier drive. An asphalt shortage is delaying road maintenance projects in communities nationwide. Asphalt is becoming scarce as U.S. refiners overhaul their equipment to maximize output of highly profitable fuels such as gasoline and diesel, using inexpensive -- and hard to process -- crude oil. To make things worse, refiners are also cutting back on the production of a petrochemical that many states mix into asphalt to make roads more durable. Dozens of road repairs were delayed last summer, and municipalities around the country may face another shortfall next summer. Road - maintenance projects that have gone forward cost significantly more as the price of asphalt nearly tripled over the past year. At the beginning of the year, a ton of asphalt -- or 5.5 barrels -- was selling for about $300. At one point the price rose above $800 per ton. The dearth of asphalt exacerbates the challenges that states, counties and cities face in fixing bridges, highways, streets and other critical infrastructure at a time when budgets are squeezed by falling income, sales and real - estate tax revenues -- not to mention higher costs for fuel, steel and other raw materials. In Utah, as many as 50 road maintenance projects were delayed this summer by the shortage of asphalt -- including one for a highway that leads to one of the state's top tourist spots, Park City and its skiing resorts. Those delays add millions of dollars of extra costs, including labor. In the past, about 40 percent of an oil barrel would be turned into asphalt products and now it's around 10 percent, said Jim McMinimee, director of project development for the Utah Department of Transportation. In all, thousands of miles of highways, city streets and small country roads are being affected, according to state and industry officials. The U.S. is undersupplied by about 24,000 barrels of asphalt a day, or 5 percent of daily demand, and that number is expected to jump to 257,000 barrels a day by 2012, according to San Antonio -based NuStar Energy L.P., a producer of asphalt. On average, about 5,500 barrels of liquid asphalt are needed per mile of paving, said Adan Carrillo, spokesman for the Utah Department of Transportation. Ben Teplitz, an asphalt expert for the trade publication Platts, said he couldn't quantify the shortfall of asphalt, but that the entire industry is expecting the availability of asphalt to shrink. The shift in refinery technology that led to the decline in asphalt production was spurred by increased oil prices. Oil refineries around the country are installing billion - dollar machines called "cokers" that are able to refine the chunkiest, low -grade and least expensive crude oil into highly profitable fuels, such as gasoline and diesel. Contributing to the woes of those in need of asphalt is the lack of a chemical -- also derived from oil -- that is used to mix asphalt. Colorado's road- maintenance delays, for example, were directly related to the dearth of styrene- butadiene - styrene polymer. "The consequence of using less polymer asphalt is that roads won't last as long," Teplitz said. "That is, durability is being sacrificed for affordability and getting the job done." "The installation of cokers is pretty much a permanent change for refiners," said Ken Simonson, an economist for the Associated General Contractors of America. "More of them are likely to be out of the asphalt business and that will keep up the pressure on asphalt for some time. Phase-In Plan Economy is lagging Phase -in plan is desirable Proposed phasing Current April2009 April 2010 April2011 Rate Residential $2.18 $3.73 $5.22 $6.86 Rate Non $0.78 $1.43 $2.07 $2.74 Residential Rate Adoption will incorporate all three years in the Master Fee Resolution Amendment ••• Rates include 6.5% annual inflation factor 36 ummer CIVIC ASSOCIATION 10650 S.W. Summerfield Drive Tigard, Oregon 97224 620 -0131 -0)1.004706',, ;1: To: City of Tigard Mayor & Council Members 71i rul W � -��/ City of `T'igard From: Roy Love, President/ AdCV11111StCatl0�1 Summerfield Civic lasso iation, Tigard OR Date: January 12, 2009 Subject: Durham Road Right -of -Way Maintenance You may remember that our Past President, Eldon Tichenor, and retired Administrator, Pam Warner, spoke at your March 2008 meeting. They were requesting that adequate funds be devoted to the maintenance of the Durham. Road right -of -way. As you know, funds were not available for the 2008 -2009 fiscal year and Summerfield was asked to make another request in early 2009 for the 2009 -2010 fiscal year. We now understand that proposed changes to the Street Maintenance Fee may allow for right -of -way maintenance for Durham Road by the City of Tigard. On behalf of the Summerfield Civic Association Board of Directors, we greatly support the concept of the City of Tigard maintaining the Durham Road right -of -way. As a refresher, the southern boundary of Summerfield is adjacent to Durham Road (the north side of the road). Owners of the properties abutting Durham Road are currently responsible for maintaining the landscaping in the right adjacent to their lots. This task is made more difficult by the brick wall that separates their property from the right -of -way area. Additionally, there are safety hazards associated with having property owners maintain this landscaping, as they must park their vehicles / equipment on Durham Road itself or partially into the sidewalk. Again, Summerfield would greatly appreciate consideration of the City of Tigard taking over the maintenance of the right -of -way on Durham Road. Thank you for your consideration and we look forward to the outcome. "ULE'ME'NTAL PACK T FOS .2001 (DOE OF MEETING) A y. j)e-rri 7 e'/n(cl- tr - . SUPPLEMENTAL PACKET Phase-In Plan FOR , � t cV (DATE n of 11V1EETING No R Maintenance • Economy is lagging • Phase -in plan is desirable • Proposed phasing t � urr nt R ate A R I, 2009 ri 2 , A pr,d42011�� s ; b, v o ! x 4 4 : r. ,� # ` 4 # ,v , u ,. . .. , " � ,, e0.1. , 4:: ' , n it,.,,. A .P;,7 4) r .. V i 5� :a; ., .t ' v .et ,.s. V, H . � .Z., "9 4�� 'S k1 ;i . ^w? ,r i° 9x' .„ d <u 4 p� �`x��'�' *„� y 't i �a��' 3 �� , ;, �, t�} ,+ 1„ a t ^ :. �' : t . :f 7 e` M1 '' : t °'r s � }MY, 5 - "� z A y T� zi a 9 S I ° d 4 L F , �: " 'Sa',+s a * + .t , a k461:,',':544%,76',#* T- "xta.. s d' r s v R=esrdentia 148 } 4 j_ ; .! � � x $6�0 � ' `` "` -:: :d ra , a, d ' ,Sc� r.° .� $t k• e d ,- > :;',: a'. '"''' "' .0.4-, � c . # � e- 9.a?ax ` - ri ` n $ � 4. ? � a . i - i : :w ,. 3 +511 . 1 ,. r k l " :.,- "s # F ; ,4 Q F A m *, t ^' y t4 : ., .' ,±Y f , `� `, 'A{ :'J ry 4 9 -Y1 e , -,:2; `g.4 +: � , >f " � 4. } i °k ", ' a s,�,�' . � ; , ��'�':*4. n t mss, �s 4 ; a, Yw , ?� , ° M' 1 '" 5 , ' k ',40, _ .. y I 4 �. ' d4 F ,�'� t ;.,„•,;,-, V`� a t� r T ';,, �'f � 6 .. J r ' �9v 1 ' ,jc 1,41'44,447:t ' � ..5 "°»�$ r: " �`fb:hd, '�[ . M ewt.,:" a ' S ' '"�` _ a�x- .. r� 'a^ar `�' - ��'�sz� „^ � "m`k : ; n. S, _ 'em u"'*" # t �;' "�� ^r 2 � ,as ��' osct r t�...�'r� � .'" � ,� ;�*:�,�'.� -"t , ��„i.'�r { . `� ' a r l ,� ,. s "r., r.:,.. ,.. "'� ' P PP »s< = *e:�.,.d . s 4:1 v Srw R '>K' 1 '�,.: ., , �,u .'.�n-., �� `^�: � r ' i £77;h- , .. U 1 ,. - o lis-ttr' - ,.,.» -r,.. - RX :.:�,�,t z y -fix'. 7 �1'�'�.` ",'Y . <r� �� f s.° n�z" . , 3" � �'� 7 u.�C� a � � � „� ” �., -s„�`�3'`"� � �� ,a, 's-,`" '` -�. ,ssf. SM'. �",.,' a2�n,,, � r� � � Ciw° - •:.��' �'�, i� a ,,�r�,y l'� ,it�^3�•'k. s �y &� ,�,°',. � { ��;,'1,,`,"W, ! � �. k � $1 '�r�s', '��1' � ��.,' w , a . �k. _ � a � x r�"�T:�'��..a' - " v� .. k, rt ..0 °- b - :a �.. -fir ,a1 rr ; a , +4 , . a� w -? *` F Fs. s. 'r - ., s N No.n -� g a, ,, 7 ,�x .R. A. ,r,� � �� ` ��'� � ` �� 5 +7 .� �k��:.$2.44 - '�1 •u o . e :, w .w3 s ;° , "3� . : ,.:E' k �` u:.; = %., .:�t;t; r �: • °�'.. '""# =�r � „a '� .V1.kff'$ �� ; . =..�u+ r'�, �:ri�'- �e+.c[ s . n •'7 ar:&� "3� x . �' : '�""�c'"ws �+t-kr,' • ";�,: ? 't: v„2i �€ L "5s� � x.�:?• • �". i i t" , F ` , y �'�« r-� `� �, atop-` + 4� t � +, +� � " a t�' � '"� . t '{�, '"d " ;E ¢r7i,.: * ry �k ?•5 'I?F: i' te�["PA 1 ''iyr�`�"' �m 3 ,;', , '"x v"F4- a 3, , _' C , rJ.,. - _ m, •..., fir.' 1 ,x<u' 3'f..:". `! £ ..1 - ' 2 � . s"��TM - '+ tl,.� Res d.e � t �,,��. �•� � � , �� . � � �.a 3 ' :� �� .� �. � � ��.� k n t i t?,� n'a d. n ry?'. 1 r mx s $ , & �fi "3� - ` ^ 'a c ti ;jti :n. k c `g,� fit c c l s a s i. ;''»s: -w. 'G�;"" ' ; ? f ''. i:`t 4 c *r�'vu y r i.K •ACr"..? 3 ; r 9k�`` x',',i'v„' :8' . i' k`.•t -t ; ,`1 k.` �6.�i•�' . � ''k ' '.,`A, . A b,', ...... a ? r 1.4 't . : �' . 1 „if f. - r 3' ,,n, ..k _ ; a f �"'q` _. ' ,e a r" x .: x a $, ,.. h. ui `3 y�a g �; ., "�• '';;. ? 7, y G; an +vwttr'a ,.r .'�'i. r ,Y;.xt`y. u.^� " 't?:,;APE � 'k yr. ` "" `'V a. :.,i d. %`fie: �. � .•�'t �% (� , , . �� ''w^�, �- z � ... vr° ES 6, ,3�., �-5, v'��y� .�,at.:,r ..�s � �G .'t ' °y°M �' •:r °� s'JiiS� r ' ��,�.��"3 a.:. �C �� - 4�A`u 1 ,,,.:.°s^+�.,.� z.. _� . ^ �,a +„ �.r ,`"A'.,;;, 1 : ° ` } X . .. I .. fi' 34 ^ -th �. c , : r,+' ;a„: 4 a:M A P ` : ` 4 5', :' >` ' . 0 a`£. ,d ' -* . :', 3. �°... :. n, : ✓ :-°,y '�R.- N . ! {�F"i `„', It�„, ," '$ `x+'j' . th v : . ' . -,' Y " 5 F,. �' e -t�, N ..�`. \a�e�. ,�. t ;fin``.. . � t, .'r, , r�=. 15 k. u� , ^ m*.. - t� ¢�: .[�� 3ir�1 YN"'�'•d+P 7 ,7T�a " ° tb .'}'* 'fr' s� .,k.��,`a, k}�, �•' ..?.;. a.c th?: p. - i„ "F"v t, � s.,x a ' m� wi. vm D Me ,k 5'i""e 6�u� h 3 u 'i '�. . A' �.° . �Y= . .a, ,, �'' , dtr a $ -� a" '{ .. :. +tt ,, a 2 < r s.+ L.^ T« 3 ^'�S�r6.fiL$.5$5'iat.:Gcatii,4.i 4a ..+{4F, .� 5a2&:$, ".�..,e.�'�r `�.u-a..k "�..ti�. a..3.:`r.Kn,�,:;l ,.renfiwra. u:*'z.we".4a,:u�..rx , rsn`'... a€ u'! t;: k. h,'- 4l r• ro�=§' s1: '§.',a:.x.ha2.::-.a�r�..,lirrz. • Adoption will incorporate all three years in the Master Fee Resolution Amendment • Rates include 6.5% annual inflation factor Agenda Item # Meeting Date January 20, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Highway 99W Update -- Community Engagement Efforts Prepared By. Ron Bunch Dept Head Approval: I C City Mgr Approval: C � ISSUE BEFORE THE COUNCIL Receive an update about planned community engagement efforts pertaining to the prospect of future transportation improvements on Highway99W STAFF RECOMMENDATION Discuss the planned community engagement efforts for Highway 99W and, if needed, provide direction to staff. KEY FACTS AND INFORMATION SUMMARY At its November 18, 2008 meeting, Council received information regarding ongoing staff work pertaining to transportation improvements on Highway 99W. This work consists of several intersection improvements; signal timing; participation in regional High Capacity Transit (light rail) planning and evaluation of needed improvements that might result if major development occurs. Council was particularly interested in the need to engage and inform the public if new development results in necessary physical changes to the highway to mitigate traffic impacts. This is important because City staff and the Oregon Department of Transportation (ODOT) anticipate such changes would likely focus on maintaining through traffic function by improving intersection capacity and limiting left turn movements. This would change existing traffic patterns and affect access to several businesses. It is important to address this matter now, rather than later. Staff has prepared a scope of work for a community engagement and dialogue effort to address the eventuality that changes will be made to Highway 99W when lands, particularly in the Tigard Triangle, are developed. The intent is to identify and resolve, to the extent possible, property owner and public concerns /problems in advance of actually redesigning of the roadway. This effort may also require skilled mediation between stakeholders, ODOT, and the City. Attachment 1 addresses the Community Engagement and Dialogue project in detail and provides a scope of work It is expected the City will hire a consultant /university intern who specializes in community engagement and mediation to assist staff. The project is expected to begin in mid- January, 2009, and to be completed in April, 2009. OTHER ALTERNATIVES CONSIDERED Not to develop a Community Engagement and Dialogue effort for potential I- Iighway99W changes. CITY COUNCIL GOALS Goal No. 1: Pursue opportunities to reduce traffic congestion in Tigard Goal No. 2: Implement the Comprehensive Plan ATTACHMENT LIST Attachment 1: Highway 99W Community Engagement and Dialogue - Scope of Work FISCAL NOTES The project is anticipated to cost approximately $4,000. I:\ Cit \Carnxil Packets \Pack 09\090120\1-20-09 A IS Hwy 99W Update - Camaariry Engagement Effots.dax Attachment 1 Highway 99W Community Engagement and Dialogue Scope of Work Introduction In 2006 — 07 the Oregon Department of Transportation (ODOT) funded the Tigard 99W Improvement and Management Plan study. The study was conducted as a joint effort between the City, TriMet, and Washington County. In addition, the study was advised' by a seven - member Tigard Citizen Advisory Committee (CAC). Its overall conclusion was that it is not practical or desirable from a community /right -of -way (ROW) impact and fiscal perspective to add additional thru lanes on the highway to address current and future traffic capacity and safety issues. The primary issues were: • Latent demand': would rapidly negate the benefits of these improvements; • Additional thru lanes would require substantially more right -of -way (ROW), resulting in building removals /encroachment onto private property. The consequence would be substantial impacts on businesses and community design quality; • The cost of additional thru lanes would be substantial, and funding for these kinds of improvements on Highway 99W is not currently part of the region's transportation funding strategy. Instead, the Tigard 99W Improvement and Management Plan's preferred alternative is to implement a combination of traffic management, facility improvements, and transit projects. These include intersection capacity and safety improvements; signal timing /coordination; upgrading bike lanes and sidewalks; access management measures; and transit facility enhancements. For example, Tigard and Washington County are working with Metro, Tri-Met, and ODOT to assess Highway 99W's potential to accommodate high capacity transit (light rail). New development adjacent, or within the vicinity of Highway 99W, such as within the "Tigard Trianglei will cause additional traffic congestion, and resultant safety and traffic problems if mitigating improvements are not made. In view of the impracticality and undesirability of adding additional thru lanes, Highway 99W traffic impacts caused by new development will likely be 1 Latent Demand means the volume of traffic that does not use a roadway because of congestion. Often, when improvements are made to improve capacity of a roadway, it attracts this traffic. Consequently, new capacity is rapidly used because it attracts "latent demand." 2 The Tigard Triangle is an area of approximately 360 acres bordered by Interstate 5, Highways 99W and 217. It is zoned Mixed Use Employment (MUE). This land -use designation allows office commercial, large- format retail, and multi - family living opportunities. If lands and the Tigard Triangle are developed for these uses, then significant traffic impacts to Highway 99W and other streets in the vicinity will result. I: \LRPLN \Council Materials \ 2009 \ 1-20-09 ATTACH 1 - 1 -Iwy 99W Update - Community Engagement Efforts.docx addressed through road geometry changes of the type that will emphasize access management' and intersection improvements. Within the context of a mostly developed commercial strip along a major transportation arterial, such as Highway 99W, these types of improvements will likely be controversial. The reason is that they may disrupt the traditional traffic pattern, particularly if left turn access movements are restricted. The left turn problem is particularly acute on Highway 99W because the road has been in existence for almost 100 years and many of its driveway access points are nonconforming to current ODOT standards. ODOT's obligation is, in part, to ensure functioning of Highway 99W as befits its state - designated classification. In other words, Highway 99W is a transportation facility of state significance that connects several Oregon cities. Within the Metro Region, it is designated as a major arterial and also as a freight route. Its primary purpose is to serve thru traffic, and provide access to and from local streets, and then safe access to adjoining land uses. Scope of Work Because anticipated development is expected for the above reasons to result in physical changes to Highway 99W between the Highway 217 overpass and intersection of 72 ° Ave, a community engagement effort is needed for the business and property owners within this general area, and for members of the general public. This will require a two -track process to formulate and implement a public engagement plan. Due to the given timeframe and nature of the project, it is expected that these two tracks may overlap significantly. The first track will be development of a Public Engagement Plan (PEP). The PEP will be drafted by the intern /consultant in conjunction with City staff, and with oversight by the Tigard Committee for Citizen Involvement (CCI). Overall supervision will be provided by the City's Community Development Director. The PEP will consist of: • A public engagement schedule including anticipated project team meetings, public meetings, project milestones, and project delivery dates; • Identification of key stakeholder, and anticipated issues and positions of the same; • Development of a project message & strategy; and • Outline of a message delivery effort that will define a toolbox of actions for advancing the project. This will include delivering notice to stakeholders, alerting the media and the general public, and managing the flow and inclusion of public input in the project processes. s Access Management refers to a range of improvements intended to improve road safety and true capacity by limiting turning movements, particularly left turns. These improvements include measures such as medians, right in /right out driveways, driveway consolidations, allowed U- turns, joint access points, etc. 1: \LRPLN \Council Materials \2009 \1 -20 -09 ATTACH 1 - I -Iwy 99W Update - Community Engagement Efforts.docx 2 In addition to designing the PEP, the consultant / intern will also undertake a second track which will consist of assisting in its implementation. This will include: • Designing and participating in key public events such as open houses, other public meetings, and, if necessary, Planning Commission and City Council meetings including public hearings. • Managing press /media outreach by being the media contact for the project. • Acting in an ombudsman /contact role for stakeholders, and managing inquiries from the general public. • Assisting in building consensus between stakeholders, ODOT, and the City. • Assisting in project design and implementation as an intermediary between stakeholders, ODOT, and the City, on an as- needed basis. Timeframe, Routine, and Compensation: This effort is expected to last for a period of approximately four months, from mid January to April 30, 2009. It is budgeted for a maximum of 200 hours within this timeframe. However, due to the relational nature of the implementation phase, the City may request the consultant /intern to continue providing services beyond the initial timeframe, in a limited capacity. The nature of this work will require the consultant to work directly with City staff, attend various public and internal meetings, and make frequent visits to City offices. The City will provide a work space, a computer, and building access at City Hall for the January thru April 2009 time period specified above. The consultant /intern will be compensated at the rate of $18.00 per hour. • Further details of supervisory reporting and work routine may be contained within a separate letter of agreement, or contract, to be agreed upon by the intern /consultant and the City. • I: \1.12YLN \Council Materials \2009 \1 -20 -09 ATTACH 1 - Hwy 99W Update - Community Engagement Efforts.docx 3 • Agenda Item # Meeting Date January20, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Highway 99W Land Use and Urban Design Vision Project Briefing Prepared By: Sean Farrelly Dept Head Approval: � City Mgr Approval: e2 ISSUE BEFORE THE COUNCIL Briefing on the upcoming Highway 99W Land Use and Urban Design Vision Project, prior to entering into an Intergovernmental Agreement with the University of Oregon (to be scheduled for upcoming Council meeting). STAFF RECOMMENDATION Receive information and provide feedback to staff. KEY FACTS AND INFORMATION SUMMARY The City of Tigard's Community Development Department wishes to engage the services of the University of Oregon's Portland Urban Architecture Research Laboratory (PUARL), who recently completed the Tigard Downtown Future Vision document. The new project is to develop a land use /urban design vision for the 4 -mile portion of the Hwy 99W corridor within the City limits. The project would establish future design and development principles for Hwy99W to support its future development as a "transit supportive, prosperous, high amenity, mixed use, urban corridor." The project would have three main functions. It would illustrate the potential of the Hwy 99W corridor to develop the requisite land uses at urban intensities necessary to support regional investment in High Capacity Transit (HC; l). The project would also serve as a City communication tool for citizen engagement effort with evaluations of specific sites' development potential and future infrastructure and public facility needs. Finally, the project would illustrate how the corridor's aesthetic /livability disadvantages can be overcome to develop a place where people want to live, work, shop, and recreate, including recommendations on how to incorporate "green" design elements into future corridor urban development. The finished product will be an illustrated document consisting of four main sections: 1) A study of existing conditions; 2) A graphic "3 -D" portrayal of Tigard's portion of Hwy 99W developed as a mixed use, high amenity corridor, urbanized at densities that support High Capacity Transit; 3) An illustration of a proposed street system, to include backage roads and improved connections to existing neighborhoods; and 4) Identification of three nodes/ potential High Capacity Transit stations with sketches of building prototypes, landscaping, conceptual parking, and streetscape and documentation report. Two professors, one graduate fellow, and several students, together with City staff, will work on the project. The study is projected to be completed by November 2009. I: \Citywide \Council Packets \Packet 09 \090120 \1 - 20 - 09 AIS 99W Land Use and Urban Design . docx 1 OTHER ALTERNATIVES CONSIDERED Not Applicable CITY COUNCIL GOALS Goal 1: "Pursue opportunities to reduce traffic congestion in Tigard." ATTACHMENT LIST None. FISCAL NOTES The budget for the study will not exceed $46,000. These funds have been budgeted for this year. l:ALRPLN \Council Materials \2009 \1 -20 -09 A]S 99W Land Use and Urban Design.docx 2 Agenda Item # 6 Meeting Date 01 -20 -09 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title: Shop Cart Ordinance Study Prepared By: Christine Darnell ept Head Approval: City Mgr Approval: a ISSUE BEFORE THE COUNCIL Should the City Council Direct Staff to proceed with drafting and enactment of a shopping cart enforcement ordinance and program? STAFF RECOMMENDATION Council may decide to: 1. Direct staff to draft a shopping cart ordinance and initiate an enforcement program. 2. Request staff to monitor the stolen /abandoned cart situation and be prepared to draft an ordinance and ` begin enforcement if necessary. 3. Not draft an ordinance at this time. KEY FACTS AND INFORMATION SUMMARY Council has requested staff to provide information regarding the need for a shopping cart ordinance and the state statutes that allow local governments to enact them. An important part of this discussion is whether cart theft/abandonment circumstances in Tigard require laws and programs to control "loose" shopping carts. Staff's experience with this matter is that the Public Works Department picks up approximately 1 to 2 carts every month. In the last eight years, Code Enforcement has fielded approximately four calls regarding abandoned shopping carts. ORS 199.890 (SB 645) established guidelines that local governments must conform to when adopting a shopping cart ordinance which include: 1. Signage containing specific language on each cart and entry /exit to the business, to be provided and maintained by the shopping cart owner /supplier; 2. A toll -free phone number for reporting stolen /abandoned carts, to be provided and maintained by the shopping cart owner /supplier; and 3. Specific timelines and procedures for collection, reporting, and disposal of stolen /abandoned carts, and allowing local governments to collect a fine of up to $50 only under certain circumstances. An effective shopping cart enforcement program would also have staffing impacts involving: staff pickups; interaction with cart owners; management of confiscated carts; fine collections and processing; monitoring of business compliance with signage requirements per ORS 199.890; and police staffing to apprehend and cite persons whom steal shopping carts for personal use (Attachments 1 & 2). Staff has enclosed additional analysis and information (Attachments 3 through 5) that Council may wish to review in making a decision including materials from other jurisdictions. OTHER ALTERNATIVES CONSIDERED Continue as needed with courtesy pickup and return of abandoned shopping carts by Public Works on a complaint basis. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Memorandum on analysis of advantages and disadvantages of a shopping cart ordinance, role of the NW Grocery Association, and staffing requirements Attachment 2: ORS 199.890 Attachment 3: Newspaper Articles Attachment 4: City of Beaverton Shopping Cart Ordinance Attachment 5: City of Milwaukie Shopping Cart Ordinance FISCAL NOTES Additional staffing will be required to enact, enforce, and manage the shopping cart enforcement program. III ATTACHMENT 1 Ni MEMORANDUM TIGARD TO: Mayor Craig Dirksen and Members of City Council FROM: Christine Darnell, Code Enforcement Officer RE: Abandoned /Stolen Shopping Cart Ordinance & Enforc- - t Program - Pros and Cons DATE: January 5, 2009 The following is a summary of Pros and Cons to evaluate when considering adoption and enactment of a shopping cart ordinance from the retailer's and City's perspective: ✓ Retailers: -* Pro: • Reduced cart replacement costs • Assistance from Police Department on reducing cart theft • Calls reporting locations of abandoned carts • Available service by NW Grocery Association - Con: • Costs: o Required: Signage on every cart o Required: Signage at all public entrances and exits o Use of NW Grocery Association, fee for service o Fines from City for confiscated carts • Weekday appointments to pick up carts instead of random sweeps ✓ City: -* Pro: • Reduced abandoned cart sightings • Assistance from NW Grocery Association with cart retrieval -* Con: • Staff to monitor signage and enforce all carts, entries and exits are properly marked and maintained • Staff to pick up abandoned carts • Staff to contact cart owner, track storage time, set pick up appointment, collect fines and arrange disposal of unclaimed carts • Police Department staff to apprehend and issue citations for "theft" of carts, per ORS 164.015 • Difficulty proving "theft" over "intent to return" • Potential fine is only up to $50, and only under certain circumstances, if applied it must also be pursued and processed • Possible perception of "targeting" low income and homeless persons The NW Grocery Association (NWGA) has created a service to help retailers minimize losses in cart inventory due to theft and to help prevent fines for abandoned carts imposed by local government ordinances. This is an optional service which is available for a fee to all retailers utilizing shopping carts. What does the NW Grocery Association Cart Retrieval Service do? ✓ Provides cart retrieval for retailers paying for the service. NWGA members pay a reduced fee. ✓ Provides a toll -free phone number with live operator to report abandoned carts. ✓ Utilizes licensed and insured workers and trucks. ✓ Picks up member carts reported to them within 72 hours. ✓ Provides signage to members. Doesn't the NW Grocery Association Cart Retrieval Service eliminate the need for City staff to enforce shopping cart issues? ✓ Not all merchants will choose to pay for the service. Those merchant's carts are then not eligible for pickup by the service. ✓ Carts picked up by the City of Tigard will need to either be retrieved by the service, or be stored and processed by the City. Either way, the contact requirements and timelines still apply. ✓ Some calls reporting abandoned /stolen carts will still go to the City, requiring City processing. ✓ NW Grocery Association cannot issue citations for theft of shopping carts. ✓ NW Grocery Association does not monitor ORS sign requirements for non - member retailers. Staffing would be required to implement a shopping cart ordinance. From research and interviews with other organizations, the following staffing requirements might be necessary. What staffing is needed and why? ✓ 2 staff members per pickup are recommended to reduce risk of injury caused by lifting shopping carts into and out of trucks. ✓ 1 staff member must be available to: • Contact cart owners • Track all ORS mandated time requirements o 1 day to report cart confiscation to cart owner o 72 hours for cart owner to pick up carts without a fine o 30 days to store unclaimed carts before disposal • Receive requests and make appointments to retrieve confiscated carts • Collect and process fines • Arrange for disposal of unclaimed carts • Pursue fines from unclaimed and disposed of carts ✓ 1 staff member to take reports of abandoned carts and monitor all businesses for ORS required signage on every cart and at all store entrances and exits ✓ Police staffing to apprehend and cite persons for "theft" of shopping carts ATTACHMENT 2 ORS MISAPPROPRIATED OR ABANDONED SHOPPING CARTS 199.890 Unauthorized appropriation of shopping carts. (1) A local government may enact or adopt an ordinance, charter provision, resolution or other regulation to prohibit the unauthorized appropriation of a shopping cart from the business premises of the person that owns the shopping cart and to provide for the salvage or reclamation of an abandoned shopping cart. (2) An ordinance, charter provision, resolution or other regulation enacted or adopted as described in subsection (1) of this section shall substantially conform with the requirements set forth in ORS 199.891. This subsection does not preclude a local government from enacting or adopting an ordinance, charter provision, resolution or other regulation related to the collection or retrieval of abandoned shopping carts by a person that is subject to but not in compliance with ORS 199.891 (1)(d). (3) For purposes of this section, "local government" means a city, county, special district or other public commission, authority or entity organized under state statute or city or county charter. [2007 c.243 §1] Note: 199.890 and 199.891 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 199 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 199.891 Notice of crime of unauthorized appropriation of shopping carts; recovery of abandoned shopping carts. (1) A local government in an ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 199.890 shall provide that a person that supplies shopping carts for public use at the person's business shall: (a) Post signs in sufficient number to give notice to members of the public entering onto or leaving the business premises that unauthorized appropriation of a shopping cart is a crime under ORS 164.015 and to provide a toll -free telephone number that members of the public may use to report abandoned shopping carts. (b) Identify the person's business on each shopping cart and post a sign on the shopping cart that: (A) Notifies any member of the public using the shopping cart that unauthorized appropriation of a shopping cart is a crime under ORS 164.015; and (B) Provides a toll -free telephone number for use in reporting an abandoned shopping cart. (c) Establish, maintain and make available to the public, at the person's own expense, a toll -free telephone line for the purpose of reporting abandoned shopping carts. The person shall forward each report the person receives concerning an abandoned shopping cart to the owner of the shopping cart and to the appropriate local government within one business day after the person receives the report. The person may forward the report to the local government by means of electronic mail or in any other manner provided for in a local government regulation. (d) Retrieve or contract for the retrieval of abandoned shopping carts. (2) An ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 199.890 shall provide that a person may agree with other persons to share and to pay expenses related to the toll -free telephone line described in subsection (1)(c) of this section. The agreement shall provide that any person designated to operate the toll -free telephone line and receive reports concerning abandoned shopping carts must forward the reports in accordance with subsection (1)(c) of this section. (3) An ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 199.890 shall provide that a person shall retrieve a shopping cart that the person owns within 72 hours after receiving notification that the shopping cart has been abandoned. (4) An ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 199.890 shall provide that: (a) A local government that identifies, salvages or reclaims an abandoned shopping cart shall use the toll -free telephone line described in subsection (1)(c) of this section to report the existence and location of an abandoned shopping cart to the owner of the shopping cart, if the owner is identifiable; (b) A local government may take custody of an abandoned shopping cart and impose a fine of $50 on the owner of the shopping cart if the owner does not retrieve the shopping cart within 72 hours after the local government makes a report under paragraph (a) of this subsection or after the owner receives a report under subsection (1)(c) of this section; (c) A local government may release a shopping cart held in the local government's custody to the owner upon payment of the fine; and (d) A local government may take title to a shopping cart in the local government's custody and dispose of the shopping cart as the local government deems appropriate, if the owner does not claim the shopping cart within 30 days. (5) For purposes of this section, "local government" means a city, county, special . district or other public commission, authority or entity organized under state statute or city or county charter. [2007 c.243 §2] Note: See note under 199.890. ATTACHMENT 3 Shopping cart law would force retrievals By Joe Mosley The Register -Guard (Eugene) Published: December 28, 2007 12:OOAM A new state law will give Oregon cities new tools to deal with the urban blight problem of wayward shopping carts, but Eugene and Springfield are not likely to be among the cities that will apply the new rules. "Not unless storekeepers come to the city and say this is a huge problem," Brenda Wilson, Eugene's legislative liaison, said Thursday. "It would be a pretty big undertaking." Springfield city spokesman Niel Laudati said the City Council has not scheduled any discussions of the new law. The law, which takes effect Tuesday, allows cities to fine retailers $50 for each abandoned shopping cart that stores fail to retrieve within three days after the found carts are reported. The legislation was passed at the urging of the Northwest Grocery Association. Grocery carts cost anywhere from $100 to $300 each, but are often taken from grocery stores and wind up abandoned in parks, along sidewalks and even in waterways. Several West Coast cities have adopted ordinances in recent years that put pressure on retailers to retrieve their carts. The Northwest Grocery Association supported Oregon's statewide law as a way of diverting cities around the state from adopting more onerous local laws on their own. Beaverton's City Council already has voted to adopt provisions of the new state law, effective March 1, and other cities have discussed it. But Wilson said Eugene's city staff opposed the legislation — Senate Bill 645 — because it defines taking a shopping cart from a store's property as a Class C Misdemeanor, and it places too large an enforcement burden on cities. It would be difficult to legally prove that someone intended to "deprive the owner of the property" when a cart is taken out of a store's parking lot, Wilson said. And administration of a program that involves retrieving carts and getting them back to their owners could become a headache, she said. "It kind of ties the city's hands, in terms of what's cost effective for us," Wilson said. "The amount it would cost the city to handle, store, impound and return the carts would be enormous. So right now, the city is not looking into adopting such a local ordinance." The state law goes into effect only within cities that adopt enabling ordinances. Wilson said abandoned shopping carts are sometimes a significant problem in Eugene, where they are retrieved by employees of the Public Works Department and returned to their stores when possible. "If we can't find the owner, a lot of them end up with a scrap metal dealer," she said. "For some reason, we find them in waterways. Those are difficult for our staff to retrieve, but we certainly don't want to leave them." Copyright © 2007 — The Register- Guard, Eugene, Oregon, USA Beaverton gives first OK to shopping cart law Posted by The Oregonian December 11, 2007 17:57PM- David R. Anderson; davidanderson Anews.oregonian.com BEAVERTON -- The city of Beaverton will become the first in Oregon to require stores to retrieve abandoned shopping carts within 72 hours or face a $50 fine. Beginning March 1, grocers and other retailers must put a local or toll -free phone number on the carts. When someone calls to report a wayward cart, the store -- or a cart retrieval service -- must get it within three days. Otherwise, the city will impound the cart and return it for $50 or sell it. The city ordinance enacts a state law passed earlier this year with the support of grocery lobbyists, who feared cities might adopt more extreme and inconsistent ordinances across Oregon. Gresham and Salem have shown interest in the new rules. The Beaverton City Council tentatively approved the ordinance Monday night. But not before some squeaky wheels had their concerns addressed. Councilor Catherine Arnold wondered why government was intervening if retailers had an economic incentive to get the carts, with values of $100 to $300 each. Councilor Cathy Stanton asked about the impact on small, ethnic groceries. The city will contact an estimated 28 retailers and 13 groceries that use carts in Beaverton to let them know about the new rules. Don Sakai, manager of the Uwajimaya store on Southwest Beaverton- Hillsdale Highway, said he supports the rules. But he won't join the system created by the Northwest Grocery Association, which uses a 24 -hour live operator in Salem to take calls and a Wilsonville company to collect the carts. That costs $190 to join and a minimum monthly charge of $25, Sakai said. With only one or two carts a month gone missing, ifs cheaper to go out in a pickup and do it himself, he said. Ramona Crocker, a Beaverton resident, told the council that common -sense solutions would be prosecuting those who steal the carts or using a system, similar to those in airports, that charges a refundable deposit. But it's difficult to prove that customers intend to steal the carts instead of merely borrow them, said City Attorney Alan Rappleyea. City officials have also been reluctant to prosecute because it would target the poor and minorities. As for a deposit system, grocers couldn't agree on an amount that was enough to deter theft, but not so much that it was unaffordable for low- income customers, said Dan Floyd, a Safeway spokesman and former lobbyist for the grocery association. ATTACHMENT 4 ORDINANCE NO. 4468 AN ORDINANCE AMENDING CHAPTER SEVEN OF THE BEAVERTON CITY CODE BY ADDING A NEW SECTION RELATING TO. SHOPPING CARTS. WHEREAS, a local government may enact an ordinance to provide for the . salvage or reclamation of an abandoned shopping cart; and WHEREAS, shopping carts are constantly littering the streets, sidewalks, and parks and are found dumped in ditches and waterways; now, therefore, THE CITY OF BEAVERTON ORDAINS AS FOLLOWS: Section 1. BC 7.17 is hereby added to read as follows: Chapter 7.17 SHOPPING CARTS 7.17.005 Short Title. BC 7.17.005 through 7.17.020 shall be known and - may be cited as the "Shopping Cart Ordinance." 7.17.010 Requirements for Shopping Cart Providers. A. A person that supplies shopping carts for public use at the person's business shall: 1. Post signs in sufficient number to give notice to members of the public entering onto or leaving the business premises that unauthorized appropriation of a shopping cart is a crime under ORS 164.015, and provide a toll -free or local telephone number that members of the public may use to report abandoned shopping carts; and 2. Identify the person's business on each shopping cart and post a sign on the shopping cart that: a. notifies any member of the public using the shopping cart that unauthorized appropriation of a shopping cart is a crime under ORS 164.015; and b. provides a toll free or local telephone number for use in reporting an abandoned shopping cart; and 3. Establish, maintain and make available to the public, at the person's own expense, a toll -free or local telephone line for the purpose of reporting abandoned shopping carts. if the person who provides the carts has a contractor who receives the calls concerning abandoned shopping carts, that contractor shall forward each report the contractor receives concerning an abandoned shopping cart to the owner of the shopping cart and to the City's Code Enforcement Office within one business day after the contractor receives the report. ORDINANCE NO. 4468 - Page 1 Agenda Bill: 07247 4. Retrieve or contract for the retrieval of abandoned shopping carts. 7.17.020 Retrieval and Disposal of Carts, Fees. A. A person may agree with other persons to share and to pay expenses related to the toll -free telephone line described in BC 7.17.010 (A)(3). The agreement shall provide that any person designated to operate the toll -free telephone line and receive reports concerning abandoned shopping carts must forward the reports in accordance with BC 7.17.010 (A)(3). B. A person shall retrieve a shopping cart that the person owns within 72 hours after receiving notification that the shopping cart has been abandoned. C. If the City identifies, salvages or reclaims an abandoned shopping cart it shall use the toil -free or local telephone line described in BC 7.17.010 (A)(3) to report the existence and location of an abandoned shopping cart to the owner of the shopping cart, if the owner is identifiable. D. The City may take custody of an abandoned shopping cart and impose a fine of $50 on the owner of the shopping cart if the owner does not retrieve the shopping cart within 72 hours after the City makes a report under subsection (C) or after the owner receives a report under BC 7.17.010 (A)(3). E. The City may release a shopping cart held in the City of Beaverton's custody to the owner upon payment of the $50 fine. F. The City may take title to a shopping cart in the City of Beaverton's custody and dispose of the shopping cart as the City of Beaverton deems appropriate, if the owner does not claim the shopping cart within 30 days. G. A City Code Enforcement Officer may issue citations for the commission of a violation of this shopping cart ordinance. A violation proceeding under this ordinance shall be processed in accordance with ORS Chapter 153. Section 2. The sections and subsections of this ordinance are severable. If any part of this ordinance is held unconstitutional or otherwise invalid, the remaining parts shall remain in force. First reading this 10th • day of December 2007. Passed by the Council this day of 2Q07 Approved by The Mayor this day of , 2007 ATTEST: APPROVED: SUE NELSON, City Recorder ROB DRAKE, Mayor ORDINANCE NO. 4468 - Page 2 • ATTACHMENT 5 ORDINANCE NO. 1980 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILWAUKIE, OREGON, REGULATING SHOPPING CARTS BY ADDING CHAPTER 8.24 "SHOPPING CARTS," TO THE MILWAUKIE MUNICIPAL CODE. WHEREAS, the City Council finds that the abandonment of shopping carts within the City is a source of visual blight, reduces the aesthetic appearance of the City and constitutes a nuisance; and WHEREAS, the City Council finds that the abandonment of shopping carts on both private and public property, including streets and other right of way, can lead to the impediment of traffic, including emergency services, and constitutes a threat to the public health, safety and welfare; and WHEREAS, the City Council finds that local businesses often fail to take reasonable and appropriate steps to either prevent the removal of the carts or retrieve the carts in a timely manner; and WHEREAS, the City Council finds that requiring local businesses to be more responsible in preventing shopping cart abandonment is necessary in order to reduce the sources of visual blight in the City and to protect the public health, safety and welfare; and WHEREAS, the legislature of the State of Oregon passed Senate Bill 645 authorizing local governments to regulate unauthorized removal of shopping carts from the premises or parking areas of persons supplying shopping carts for public use at the person's business, and pursuant to Oregon Revised Statute 164.015; NOW, THEREFORE, THE CITY OF MILWAUKIE DOES ORDAIN AS FOLLOWS: Section 1. Chapter 8.24, "Shopping Carts ", is hereby added to the Milwaukie Municipal Code to read as follows: "CHAPTER 8.24" SHOPPING CARTS • 8.24.010 Definitions. 8.24.020 Cart Identification Required. 8.24.030 Posted Notice. 8.24.040 Toll -free Telephone Line Required. 8.24.050 Retrieval and Disposal of Abandoned Carts, Fines. 8.24.060 Violation. 8.24.010 Definitions. A. "Abandoned cart" means any cart that has been removed from the owner's premises without written consent of the owner and is located on either public or private property. B. "Carr' means a basket that is mounted on wheels or a similar device that is provided by an owner to a customer for the purpose of transporting goods of any kind. Ordinance No. 1 9 8 0 - Page 1 C. "Code Compliance Coordinator" means the individual in charge of code compliance activities for the City or his /her designee. D. "Owner" means a person or entity who in connection with the conduct of a business, makes carts available to the public. E. "Premises" means the entire area owned, occupied or utilized by an owner, including any parking lot or other property provided by or on behalf of an owner for customer parking or use. 8.24.020 Cart Identification Required. Every cart provided by any owner must have a sign permanently affixed to the cart that contains all of the following information: A. The identity of the business that owns the cart; B. The address and a toll -free telephone number of the owner or retailer for cart return; C. A statement that the unauthorized removal of the cart from the premises is a crime under ORS 164.015 and a violation under Chapter 8.24 of this Code; and 8.24.030 Posted notice. There shall be posted by the owner, prominently and conspicuously, at all public entrances and exits to the business, a notice in substantially the following form: REMOVAL OF SHOPPING CARTS IS PROHIBITED BY LAW (ORS 164.015). REPORT ABANDONED SHOPPING CARTS TO TOLL FREE NUMBER. The sign shall include the toll free telephone number for shopping cart retrieval. 8.24.040 Toll -free Telephone Line Required. A. Toll -free Telephone Line shall be established, maintained and made available to the public, at the shopping cart owner's expense, for the purpose of reporting abandoned shopping carts. B. The operator of the toll -free telephone line shall forward each report conceming an abandoned shopping cart to the owner of the shopping cart and to the City of Milwaukie's Code Compliance Office within one business day. The report may be supplied through electronic mail or by fax. C. More than one business may use the same toll -free telephone number to share expenses. The agreement shall comply with the report requirements set forth in this chapter. Ordinance No. 1980 - Page 2 8.24.050 Retrieval and Disposal of Abandoned Carts, Fines. A. Notification for Retrieval of Abandoned Carts. 1. The City or public reports the location of the abandoned shopping cart by calling the toll -free telephone number provided by the owner of the cart. 2. The owner shall have 72 hours from the date the report is made to retrieve the carts from the specified locations. A contractor may be hired at the owner's expense for retrieval of shopping carts. 3. If the City identifies, salvages, or reclaims an abandoned shopping cart it shall use the toll -free telephone line provided to report the existence and location of an abandoned shopping cart to the owner of the shopping cart if the owner is identifiable. 4. If a cart does not have a sign with the information required by Section 8.24.020, the City shall make a reasonable effort to identify and contact the owner of the cart and report the existence of an abandoned shopping cart. If the City is able to identify the owner of the cart, the owner shall have 72 hours from the date the report is made to retrieve the cart. If the City is unable to identify the owner of the shopping cart after reasonable effort has been made and 72 hours has past, the City may take custody of the cart. B. Fine. The City may take custody of an abandoned shopping cart and impose a fine of fifty dollars ($50.00) on the owner of the shopping cart if the owner does not retrieve the shopping cart within 72 hours after the City makes a report under subsection A or after the owner receives a report under section 8.24.040. The City may release the cart into the custody of the owner after the fine is paid. C. Disposition of Carts After Thirty Days. For any cart not reclaimed from the City within thirty (30) days after notification to the owner, or if the City is unable to identify the owner of the cart after reasonable efforts and the cart has been in the City's custody for thirty (30) days, the City may take title to the shopping cart in its custody and the cart may be sold or otherwise disposed of by the City. 8.24.060 Violation. A. Any owner violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed five hundred dollars, unless otherwise stipulated. B. When the violation is a continuous one, each day the violation continues to exist shall be deemed a separate violation, excluding 8.24.050 provisions. Ordinance No. 1980 - Page 3 Section 2. Severability If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. Section 3. Effective Date and Publication This Ordinance shall take effect and be enforced thirty (30) days after its adoption. Read the first time on 3/18 , and moved to second reading by 5 -0 vote of the City Council. Read the second time and adopted by the City Council on vi 8 /Q8 Signed by the Mayor on 3/1 8/08 Bernard, Mayor ATTEST: APPROVED AS TO FORM: Jordan Schrader Ramis P.C. T Pat DuVal, City Recorder City Attorney Ordinance No. 1980 - Page 4 Agenda Item # Meeting Date January 20, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Neighborhood Trail Study Progress Report Prepared By Duane Roberts Dept Head Approval: ild.117 City Mgr Approval: lj ISSUE BEFORE THE COUNCIL This is a progress report on the on -going Tigard Neighborhood Trail Study. No Council action is required. STAFF RECOMMENDATION Receive information and give staff feedback on the study direction. KEY FACTS AND INFORMATION SUMMARY Some six months ago, the City undertook a study of opportunities to improve the so called neighborhood trail network. As defined in the study, neighborhood trails are short, unmaintained walking paths (or short -cuts) used by residents for everyday transportation, such as short trips to the store or bus stop. The rationale for focusing on these trails is that connections designed for pedestrians and cyclists that are direct, convenient, and safe may decrease trip length sufficiently to cause some residents to substitute walking or cycling for long, more circuitous, driving trips. They also may encourage transit use by improving access to bus stops. Work on the study is at the midway point. A report on progress achieved to date is attached. In addition to an update on where things stand with regard to the project, an appendix to the report responds to specific concerns expressed about the study. Staff will present a PowerPoint on potential neighborhood trail sites at the meeting. OTHER ALTERNATIVES CONSIDERED NA CITY COUNCIL GOALS Goal 1: Pursue opportunities to reduce traffic congestion in Tigard. ATTACHMENT LIST Attachment 1: Neighborhood Trail Study Progress Report. Attachment 2: Public Comments FISCAL NOTES N/A l: \LRPLN \Council Materials \ 2009 \ 1-20-09 AIS Neighborhood Trail Study Progress Report.doc 1 ATTACHMENT 1 Neighborhood Trail Study Progress Report Introduction Some six months ago, as part of a broader effort to make auto travel less necessary, the City began a study of opportunities to improve the so called neighborhood trail network. This is a progress report on that on -going study. Responses to specific concerns raised about the study are included in an appendix. As defined in the study, neighborhood trails are short, unmaintained walking paths (or short- cuts) used by residents for everyday transportation, such as short trips to the store or bus stop. The rationale for focusing on these trails is that connections designed for pedestrians and cyclists that are direct, convenient, and safe, may decrease trip length sufficiently to cause some residents to substitute walking or cycling for long, more circuitous driving trips. They also may encourage transit use by improving access to bus stops. Because of its rural history, the City does not have a well- connected road system. This causes many trips to be longer than necessary, thus discouraging bicycle and pedestrian travel. Part of the solution is code provisions requiring block links and pedestrian connectivity. These were put in place in the mid- 1980's and have been effective in creating hard surface bike /ped connections on public easements and rights -of -way in new subdivisions. The present study seeks to take advantage of opportunities to retrofit off - street pathways in the more established portions of Tigard. These opportunities augment, rather than replace, the on -street system of bike lanes and sidewalks and the off -street system of greenway trails. The particular focus of the Neighborhood Trails Study is short pathways that improve the convenience and ease of daily trips to work, school, and shopping areas. Project Origins The impetus for the study was a recommendation put forward by the Friends of Tigard -Bull Mountain Trails during work on the 2007 Comprehensive Plan Resource Report. At the time, the friends group brought to staff's attention the need for an inventory of opportunities for short trail connections within neighborhoods. The recommendation to undertake an inventory and study received formal expression in the Comprehensive Plan Policy volume under Goal 8.2 - Action Measure ii: "complete a a Citywide inventory and prioritization of opportunities for short pathway connections that increase bicycle and pedestrian connectivity and complement the greenway and on- street bicycle /pedestrian systems ". Project Funding The Neighborhood Trail Study is funded by a $70,000 Oregon Department of Transportation (ODOT) Transportation Growth Management (TGM) grant. The grant was awarded to Tigard to identify, evaluate, and set priorities on neighborhood -level trail connections. The ODOT funding covers the cost of hiring consultants to conduct the study. The consultant team includes Kittelson & Associates, a transportation engineering and planning firm, and Alta Planning + Design, which specializes in alternative (bike /ped) transportation planning. The team was selected through a competitive process. The City's contribution to the project is in the form of in -kind staff services. No City hard dollars are involved in the project. Project Rationale The Tigard Neighborhood Trail Study is the first -ever study of its type funded by ODOT through the TGM program. Why is ODOT funding the Tigard study? The main rationale is that ODOT recognizes trails as a valid transportation option. Nationwide, some 25% of trips made daily in cities are less than a mile. These are trips to work, school, and to the store. Most are by car, but could be made by bike or on foot, with improved facilities. Tigard's proposed network of Neighborhood Trails is one small effort in that direction. The short trails under consideration are intended to encourage walking and biking by reducing out of direction travel. Developing a community that reduces the need for auto travel is a better long term solution for reducing traffic congestion than building more roads alone. In addition to everyday mobility, the Tigard project supports transit by identifying better potential connections to transit stops. The use of walking, transit and the bicycle provide the most energy efficient access available in a crowded urban area. Although not part of the ODOT rationale for funding the Tigard study, another contribution trails can make is to healthy lifestyle. As is widely reported, lack of fitness is a major public health problem nationwide. This problem is due in large part to inactivity, CV including driving (or being driven) rather than walking. Although it is very difficult to a. change behavior and investments in alternative modes of travel won't fully solve our public health problems, bicycling and walking for everyday transportation clearly are part of the picture. One final related point: nationally, some 75% of people identify a correlation between trails and quality of life in their neighborhood. Likewise, according to local surveys, trails are the top park facility improvement desired by Tigard residents. This public support for the development of trails and trail systems is a reflection of their positive impact and the public return on the dollar. Project Phases As approved by ODOT, the study workscope includes six tasks or phases: 1. Project management, interagency coordination, and public involvement (inviting agency and citizen stakeholders to participate in the study and defining goals) 2. Existing conditions (identifying gaps in the existing pedestrian system and soliciting pathway nominations) 3. Neighborhood trail design standards and evaluation criteria (pathway standards relate to width, surface, lighting, and other design considerations; the criteria are intended to guide the evaluation, selection, and prioritization of future neighborhood trails.) 4. Neighborhood trail evaluation and ranking, and recommended projects. 5. Refinement and implementation (includes finalizing a prioritized list of recommended projects) 6. Recommended Tigard neighborhood trails plan At this time, the study is in Phase 4, evaluation and ranking. The consultants presently are conducting field evaluations and ranking candidate sites. These evaluations and rankings will be reviewed and debated by the study advisory committee (see next section) in February. The consultants will present a project summary and set of recommendations related to design standards, code amendments, and Neighborhood Trail priorities at a joint Planning Commission and Council work session in April 2009. Project completion is set for May 2009. This will set the stage for City adoption of the plan and amendments into the new Tigard Transportation System Plan (TSP). Projects included in the TSP are eligible to compete for future Capital Improvement Program (CIP) funds. M a) a,o cj a Public Involvement In mid -2008, Council appointed a group of six community volunteers to serve on a study citizen /agency representative stakeholder advisory committee, or SAC. The six are: Stevie Viaene, Valerie Pratt, Dave Leinberger, John Frewing, Doug Vorwaller, and Jeanne Winslow. The agency representatives on the joint committee are from the school district, Washington County Bicycle Transportation Affiance, the ODOT Bicycle- Pedestrian Program, and include a former THPRD Trail Advisory Committee Chair. The role of the SAC is to monitor the study and provide feedback. A separate Project Management Team (PMT) consists of representatives from Engineering, Public Works, and Current and Long Range Planning. The role of the PMT is to meet with the consultants at the beginning of each task and to "steer the project and provide strategic and technical input ". So far, the SAC and PMT have each met three times. Another aspect of public involvement, now completed, consisted of an extensive outreach effort to solicit project nominations. This effort included Cityscape, Tigard Times, and Oregonian feature stories; City homepage and Neighborhood webpage postings and hyperlinks; staff participation in Neighborhood Program open house and Tigard Balloon Festival events; and contacts with schools. In September, the consultants created an interactive webpage that provided additional opportunities for the public to identify potential sites and make comments. Altogether, along with potential sites identified by staff, these various efforts generated some 100 site nominations. As a third engagement strategy, two public open houses are planned in the course of the study. The first was held in November. It provided a one -on -one opportunity for citizens to view maps and discuss the study with local citizen committee members, consultants, and staff. Some 25 citizens attended the first open house. This number included some members of the citizen advisory committee involved in the study. Most, but not all, attendees were supportive of the study. The Tigard Times published a story on the event, which also appeared on -line on its own and on the Portland Tribune web pages (attached). A second open house is set for March 2009. Private Property Owner Survey A key component of public outreach has been a property owner survey. As part of the Neighborhood Trails Study, staff contacted the owners of property where an existing trail is evident or where an important connection might be developed in the future, as identified in �+ a.) the study inventory. In the letter, owners were asked whether they would be willing to asbc consider the possible donation, lease, or sale of a portion of their property pathway purposes. In keeping with community values, when any owner does not wish his or her property to be considered for potential neighborhood trail acquisition, the property is taken off the "possible trail connection inventory." The survey cover letter emphasized that the owner information was for discussion purposes only and that the City at present has no funds allocated to purchase trail right -of -way. The responses of the private owners contacted, including those with over -sized lots, was more than 80% negative. Most homeowners who commented indicated they regarded a trail as an unacceptable intrusion. This result is to be expected when the City is proposing to retrofit trails in existing neighborhoods. When trails are installed as an integrated part of a new development, rather than added afterward, homeowners have a choice about whether they wish to live next to a trail. According to the urban trail literature, homeowners living next to pre - existing trails generally are supportive of the trail. The same appears to be true locally. Tigard receives very few complaints from the many citizens whose homes are located adjacent to subdivision accessways and greenway trail segments, most of which were installed at the time of the subdivision. Despite the overall negative response, 9 single family lot owners did indicate a willingness to consider allowing access for a trail. Additionally, 4 other owners in the private property category (includes homeowners associations, apartment owners, and a shopping center) also are receptive to the idea of a trail. Most opportunities for pathways are in the public sector category. Some 23 public sector sites potentially are available for trail use. Because they do not involve acquisition of right - of -way, the projects most easily implemented are those extending through City -owned parks and open space and, especially, unused road rights -of -way. In the case of the public rights -of -way, for the most part, adjacent properties have developed, but for whatever reason, the street connections have not been made. Some 17 segments of varying length have been identified in this category. Current Direction At this juncture, the SAC has met three times. Three more meetings are planned. A portion of the first meeting was devoted to a field trip to view typical neighborhood trail LO a) sites. The committee has adopted a vision and goals, received and reviewed a technical a report on existing conditions, another on neighborhood trail design standards, and a third on an evaluation matrix developed for the study. The criteria developed in the matrix will guide the selection and prioritization of neighborhood trails in subsequent tasks. The evaluation criteria are broken into six primary groups: Utility, Constructability, Ownership, Potential Conflicts with Neighbors, Safety and Security, and Cost. Consideration of these prioritization measures will help inform the SAC decisions about which trails to recommend for development. All of these written materials are posted on the Tigard homepage. The SAC also has reviewed the results of the landowner survey. The survey reduced the number of sites carried forward in the field evaluation stage, now underway, to approximately 40. Conclusion The goal of the Neighborhood Trail Study is to help create a bicycle - friendly and walkable community. The animating idea behind the study is that pathway connections that are direct, convenient, and safe may encourage residents to walk or bike rather than drive. The Tigard project is part of a broader strategy to get people out of their cars and to promote a healthier and more sustainable community. Z a.) on a. Appendix Objections to Neighborhood Trails The Tigard Neighborhood Trail Study is intended to identify opportunities for trail connections and to foster discussion. Although many people are supportive, some have called into question the City's focus on neighborhood trails. As illustrated in the attached citizen comments, the main objections of project opponents relate to crime, environmental impact, trespass, community support, and funding priorities. Increased crime: Many people think that crime is likely to go up when trails are installed, but crime statistics show otherwise. Crimes can happen anywhere, but in our community and most others very few happen on trails. According the Tigard Police, trails do not affect crime. The City has not had one reported incident of stranger to stranger violence or kidnapping associated with a trail or accessway. Property crime associated with the trail system also is very low. Potential environmental impact: Each candidate trail site will be evaluated individually, with potential environmental disturbance given due consideration. It is important to underscore that no final decisions have been made regarding sites. Additionally, most feasible candidate trails do not pass through environmentally sensitive sites. The few that do, have not been eliminated from evaluation by virtue of this association. At the same time, it is re- emphasized that candidate sites are inventory input and not proposed projects. Trespass on private property: Private landowners have been assured that the City is placing great emphasis on a "willing seller" policy. If an owner does not wish his or her property to be considered for possible trail acquisition, the property will be taken off the table for future trail development. "Willing" owners will have every opportunity to opt out should they later change their minds about allowing trail access. Trespass is a law enforcement issue. The Neighborhood Trail study is in no way an encouragement to trespass. Residents don't demand trails: The study is an outgrowth of the comprehensive plan and, based on public input so far, appears to reflect the larger wishes of the community. The Friends of Tigard -Bull Mountain Trails advocated for the study. Additionally, a considerable number of the candidate trails identified in the inventory phase of the study were nominated by friends a members. To be clear, this is not to say that every friend's member will support the development of every candidate site identified in the inventory. It is only to say that it is unlikely the study would have been undertaken without the activator role played by the friends group. Closing sidewalk gaps is a higher priority than installing trails. Another argument made against the study is that funding of a Neighborhood Trails program could reduce funds available for much more needed sidewalk and pedestrian crossing improvements. Because the Neighborhood Trail project has not reached the point of addressing funding opportunities, it is not possible to fully respond to this concern at this time. Nevertheless, a few points can be made to help put this issue into context. The main funding source for sidewalk improvements is the street CIP. However, the overwhelming majority of Tigard's annual eight to eleven million dollar street improvement budget goes to maintaining and improving roads, streets, and bridges. Traditionally, comparatively few City transportation dollars have gone to stand alone sidewalk improvements and, so far, none to trails. Trails have not received street funds because up to now they have all been located outside the road ROW. Only projects located within the road ROW are eligible for street funds. The main local funding source for trails has been the parks system development fund. Sidewalks typically are installed as part of a street improvement project. In almost all cases, funds used for stand -alone sidewalks are grant dollars, with the City providing a local match in the form of in -kind design and construction management services, usually along with a local cash contribution. Up to now, this cash contribution has come from the Storm Drainage Fund, a restricted fund for which trails do not qualify. The reason for the ineligibility of trails is that storm drainage facilities are a design component of sidewalk, but not trail projects. At present, the City has one active and one pending grant- funded sidewalk project. There is no argument that sidewalk improvements are much - needed. In many Tigard neighborhoods, sidewalks are either missing altogether or are not continuous. However, in practice, sidewalks and trails do not compete for the same City dollars. This includes any future Neighborhood Trail projects located within the road ROW. A potential point of conflict is between neighborhood trails competing for the same grant dollars that fund sidewalk improvements. Some programs, such as Community CO Development Block Grant, Transportation Enhancement, Oregon Bicycle- Pedestrian, and the Metropolitan Transportation Improvement Program fund both sidewalks and trails. This conflict already occurs in the case of sidewalks vs. greenway trail projects. However, the main problem regarding grant opportunities is not too many sidewalk or trail projects, it is the lack of well developed, shovel ready projects of either kind when grant funding opportunities arise. To recapitulate briefly, the Neighborhood Trail work scope includes consideration of funding opportunities, but this comes toward the end of the study process. The main points and context for discussion are that most City transportation dollars are used for major street projects, such as Burnham Street reconstruction, and that all stand alone sidewalk projects are grant funded. In the competition for grant dollars, lack of well developed projects is a bigger problem than too many sidewalk or trail projects. i /Irpn /Council Materials /1 -20 -09 Neighborhood Trail Study Progress Report N bA c� 0. ATTACHMENT 2 From: DHughes609 @aol.com [mailto:DHughes609 @ aol.com] Sent: Wednesday, November 12, 2008 4:28 PM To: Duane Roberts; marilyn .f.hughes @co.multnomah.or.us; Marihughe @aol.com; DHughes609 @aol.com; windred @worldnet.att.net Subject: Trail Study Sorry I Can't make the Meeting Please let me know how many people show up. After learning that a Trail Study grant came from ODOT (Highway Money, ?) my first thought was to use the new Interactive Map to "map" a shortcut through every bureaucrat, volunteer or Kittelson employees' yard. Then I realized that this could be construed as an act of terrorism. My kids have already had safety concerns with local Tigard bike paths and I wondered if mapping a route would make them an easier target for criminals. 1 moved from North Portland to Tigard 15 years ago and still wonder if the Failing Street Bridge is still barricaded. The Failing Street Bridge (Neighborhood joining) in Portland was closed because the police could not respond to grab and dash crimes. Bike and pedestrian "Neighborhood Trails" allowed easy access across the 1 -5 freeway for everyone. Unfortunately the wealth migrated west to east and the Portland Police solution was a padlock. Are there plans to increase police protection along these new identified paths? My personal ability to response to my kids' cell phone plea would involve driving a car to their location on a road. Recent violent crime reported in the news has increasingly targeted people and business near main roadways. I hope this new plan will not move crimes to the neighborhood mapped shortcuts. Downtown business in Gresham has become a crime corridor and Vancouver Washington has considered that more public access may not be better. I live in Tigard and can't think of any business, shopping or school trip that would reduce traffic congestion by my walking. Does anyone involved with the Tigard city government want to spend Road, Gas, or Vehicle Tax money to reduce congestion? Sincerely, Dave Hughes PS: The last city public meeting l got excited about changed dates twice. 1 lost a commitment from neighbors that agreed to participate on the original date. We gave it up. Fat chance they would attend this meeting. They may help my with the SASEBY Plan. (Stomp Across Someone Else's Back Yard project) How much damage do we have to do before a path is considered /listed on your map? PSS: Why is ODOT grant money being spent for these studies? The last local election gave me the impression that the COT wanted to help car congestion? Get the Moviefone Toolbar. Showtimes, theaters, movie news & more! December 16, 2008 Duane Roberts. City of Tigard RE: Proposed Neighborhood Trails Plan/ODOT grant, etc. Duane, Committee Members and Alta Design: We have reviewed the proposed trail map and related documentation regarding the work put together in the past several months due to Tigard receiving the ODOT grant for this work. While we appreciate the time and effort put into this project by you, the citizen committee members and Alta, we have great concerns over many of the proposed trails, how the money is being spent, etc. Our comments are as follows: • Creating safe crosswalks and sidewalks should be a top priority of this project. I am a board member of Friends of Tigard/Bull Mountain Trails Group, and I others in the group brought to the city's attention well over a year ago the need to have safe, marked crosswalks that connect trails be made a priority. In addition, many streets that don't have sidewalks but that have high use by walkers should also be a priority. We would rather see the money from the ODOT grant be used to address these neighborhood needs first before any new trails are proposed. For example, I and many of my neighbors walk to the grocery store on Scholls Ferry Road (Lamb's Thriftway) and go to Summer Lake Park via 121 Street. There is no crosswalk at the intersection which is used heavily by many of my neighbors. This is one area we desperately need a crossed walk with flashing lights to allow pedestrians, both children and adults, to safely get across this street. This kind of effort would truly help citizens get around safely via walking or biking in our neighborhoods. • Oppose ANY trails proposed for public greenways, wetlands, creeks, etc. There are a number of trails, bridges, etc. currently proposed that would go through greenways, wetlands, across Summer Creek off 116th, through the Fowler School Open Space off Tigard street, the Ash Creek Open Space off 74 Street, etc. We oppose ANY and ALL of these trails, period. And here is why. The City of Tigard has gone through massive development in the past 10 years with little thought or concern about protecting important wildlife habitat or saving open space for parks, etc. Many of us begged the city for years to purchase lands so we could have open space and space for trails, out of the sensitive habitats. What little we have left of our streams, corridors, and uplands is now the last and best habitats left for a multitude of fish and wildlife species, some of which are Federally or State Listed and declining rapidly in our urban environment. These include Western Painted and Pond Turtles, Northern Red - Legged Frog, Steelhead, Cutthroat Trout, Willow Flycatcher, Wilson's Warbler, and others. Further encroachment into these remaining habitats by trails, whether they are soft surfaces, boardwalks, or whatever, will cause further fragmentation of these habitats and in some cases due to human use of these areas, will cause species to leave the area altogether. We have seen it time and time again, where trails are put into an area, wildlife use plummets, especially use by Sensitive Species such as the turtles and frogs. I have data that support this as I have conducted extensive wildlife surveys of most of our parks and green spaces in Tigard for the past 15 years as a wildlife biologist. All habitat along creeks in Tigard is considered Significant Habitat, and as such it should be left alone and preserved for fish and wildlife. We need to be protecting and restoring these areas, not creating additional impediments to species survival and conservation by building trails through these areas. Some areas where trails are proposed, including along Ash Creek off SW 74 street, are wet, skunk cabbage bogs with steep banks, and it would be environmentally unsound to consider putting a trail through this highly sensitive site. There would have been a better place for a trail, namely at the top of the slope, which is what we proposed about 4 years ago, but since the city refused to buy the Senn property and it was clearcut and houses are now going where the trail should have gone, there is no longer any acceptable place for a trail to go. This situation has been created by the city, period. This is an example of how several of us, including myself and John Frewing, asked the city to buy this site as open space to protect the habitat but also so we could put a trail through in the uplands, out of the very sensitive area. The city denied our request then and now wants to come back and try to put a trail through what remains, which is very steep and wet, this is unacceptable. • "Demand Trails" are not demanded by citizens. There are many illegal and unauthorized trails in Tigard, some of which go through significant habitat and which were created by kids as a shortcut to get to their friends house, etc. We absolutely do not want these "demand" trails to become formal trails, we don't want them in our neighborhood, period. They bring in unwanted activities including garbage dumping, harassment of wildlife, smoking pot, etc. In addition, a great deal of damage has been done to native plants in these areas. We have also noted soil erosion and compacting of soils in these areas, especially those in wetlands. The "demand' trails noted on the map across Summer Creek and through the Fowler site are not necessary and should be closed and revegetated as they are creating soil compaction in the wetlands and are disrupting wildlife activities. The Fowler site already has the Regional Fanno Creek trail going through it and has at least 3 trails through the forested areas. Two of the latter need to be closed and revegetated because they are causing loss of native vegetation (e.g., rare camas lilies which are also considered by the Tribe to be a cultural resource and therefore MUST be protected by law) due to illegal use and homeless people are now using them to get to sites to camp, dump garbage, etc. I and all of my neighbors along Summer Creek were specifically told at a neighborhood meeting in September of this year, by the Surface Water Quality Dept. managers, that the city had NO plans for a trail any where along or across Summer Creek and that they would NEVER even consider putting a trail through this sensitive area. We are going to hold them to their word. Just because someone or several persons have created a path through an area does NOT mean it should be a trail. Rather, we should be looking at the disturbances these illegal "demand" trails have created and how we can restore the damage they have caused, which as a first action would mean closing these trails. 1 and my husband specifically bought our house because it backs to a greenway and there was abundant wildlife here in 1990. This area of cul -de -sacs are quiet and we and all of our neighbors like it here because of the greenway and wildlife which contributes to a high quality of life. We absolutely DO NOT WANT a trail going through the Summer Creek wetlands as it would destroy this area and push out many of the species of wildlife using this area, including several State Sensitive species. • Wildlife habitat and species needs must come first. With the current status of many species and their continued decline, as well as new threats due to global climate change, we should be putting the protection and conservation of fish and wildlife species first. That means spending any available funding on habitat acquisition, protection and restoration. Building additional trails at this time in Tigard is not a sound way to use public funding when they will create fragmentation of existing habitats and will also create a great deal of human disturbance, which is detrimental to the long term conservation of our natural resources.. Tigard needs to show it is adhering to our Goal 5 State Law and other State Wildlife regulations by protecting and restoring our natural resources including the fish and wildlife species they support. Sincerely, Susan Beilke Board Member, Fans of Fanno Creek Director, The Turtle Conservancy Director, Friends of Fowler Open Space ADVERTISEMENT PAh1l'LIN Mtillik GI OW' ' YON COM fOtIli PAPER / , , ,p, 0 f U :Gworlaluuvas v RENTERS . Pod' ' dTribun • i j 1! Y • Search Front Page , Metro News ` Opinion~ Entertainment Sports N \ US & World \ ClasslfledS Contact Us \ Sports Printer- friendly version lUi Email story link [ :; • [a860 rn � ' KPAM ,' ' Tigard looks for input on neighborhood n � „ p .,r trails - C Click Ire •• rch. ' i il" F\,�' s : Us a $72,000 grant from ODOT, city officials are conducting �. SS �f,1 f t, .. , s a study on whether to improve neighborhood trails , ,: Jim , i , BY LEAH WEISSMAN ' ; t' , _ , f \' ' ti • COLLEGE The Times, Nov 27, 2008 VOLLEYBALL: Vikings will open TIGARD - Residents ADVERTISEMENTS NCAA tourney at are divided. Will Washington; Bucks l t in establishing a p y eaven y F� 41 i days Weather Forecasts neighborhood trails network in Tigard haul Auditorium Weather Maps create better access ' ' r . ` Weather Radar 1 ,, "' 1 • ; � y `' Reed Col le�;c Knicks for fi through the city and .y `- Video forecast straight win encourage alternative -' r .r .� ,7.. 7 . __ t CL IC modes K Tic Kris TS _.._-.--- - - --- _-______ .... `... r des of - ,�} '�. r ADVERTISEMENTS 'ti � or Gall • They say it takes transportation, or wi >t - : ,. . i' r , •�F, „. ,,,,w,,; 51)3 22 - 25236; all kinds, but I'll it create an invitation � ,.r1 P.n,i u ce �� i. � u take Boss' kind for people to trespasss . i ,I 1 i II ` _. 11 : `N I over Arenas' kind on private:: property, 8 and act as an excuse 1NWW XgtlIC.OM` • COLLEGE for Tigard to avoid 1 ri., Dec. 19 & Sat. Dec. 20 Opnr BASKETBALL: nding new Sun., Dec. 21 2 p rii Viking women 4 - as Murrell sidewalks and returns to Pacific crosswalks? Those were the questions asked at the Tigard Neighborhood Trail Study . open house Wednesday, Nov. 12. The city is in the first stages of a year -long Click' Here fo r: : ' study to determine the benefits and demand of developing a network of off - Metro Area street neighborhood trails. news "We just want to make it easy for people to get around by walking or • - • . . .. • • riding bikes,” said Duane Roberts, city project planner. Using a $72,000 Transportation Growth Management grant from the Click ' below to... ` Oregon Department of Transportation, the city has hired two consulting Li,Alg firms - Alta Planning + Design and Kittelson & Associates, Inc. - to conduct the study, and are currently looking to residents for feedback. irx.- What are neighborhood trails? Word Sleuth Residents know what neighborhood trails are, they just might not call them that. They're those short, foot worn dirt trails you walk your dog on to ;promo Erypto ;' get to the park, use as a shortcut rather than the sidewalk or run along while cutting through yards. http: / /www.portlandtribune.com/ news /story.php ?story_id =122774468830305100 12/2/2008 A5G41K 1V Vl \J 1V1 1111/1.11. Vll 11V1 ,. A1VV111VV‘1 1.1 G4AlJ 1 (AV, L V T bros scn►olds Neighborhood trails are difficult to identify, monitor and maintain because they are usually informal, off - street dirt paths crisscrossing through public and private property. A/so visit otir other Because the city doesn't have a recorded list of all these trails, Roberts and the two firms have attended public events, written articles in CityScape Community and set up an interactive map on the city's Web site for people to mark E - > existing trails or where they want to see new trails established. So far the total is almost soo trails on public and private property, 82 of which already exist. The plan Right now the city is studying the potential of creating a neighborhood trails network out of the informal paths. According to Roberts, the purpose of establishing such a network would reduce traffic congestion by encouraging people to walk or bike, and would provide better access to certain destinations. Objectives also include identifying' improved connections to schools, mapping locations for new trails, addressing gaps in the current trail network and developing a framework for how to implement the trails. The whole study should take about a year, according to Roberts. After that, he said he has no idea when the project will actually be implemented. "We are just in the first stage right now," Roberts said. That includes looking at funding. Currently the city does not have funds to purchase property or easements to establish such a network. Roberts said he and staff will be looking at grants to fund the project, as well as funding from the city, Metro and possibly residents. Some residents are all for the project, saying the timing couldn't be more perfect. Sign up for • "The opportunity for walking and biking in this town is tremendous," » rlf It ' Tigard resident Tim McGilvrey said And considering the oil situation, I ` c think this is really timely:" He mentioned he'd like to see the city complete a path along the east side. Ka V C 1 • _ of Cook Park to get bikers off the road and onto a well- maintained trail. Fxcellence Beverly Froude, a 45- year - resident of Tigard, said, if anything, the study News columns should have happened decades ago. - t s 11 0 Phil Stanford \cctdei f. "Trails are one of the major issues residents have been talking about and wanted for years," she said. , 4 rxtl The Portland Part of the study's scope includes determining trail surfaces — pavement, ` 5;. •. • Tribune r....._. � F` � News feed gravel or dirt. The type of surface depends on the trails usage, landscape \ i.. • ,. i , ;; Ern and impact on wildlife. y � '° k:r The two firms are also looking at six criteria during the evaluation:. utility (including access and demand), constructability, property owner d permission, potential conflict with neighbors, cost estimate and safety and PortlandTribune security. Find a paper Catches Enter a street name or a 5 digit zip code Robe said acquiring uirin private land to establish new trails or maintain existing ones is strictly on a volunteer basis from private property owners. He has already identified 7o private property owners and contacted more http: / /www.portlandtribune.com/ news / story. php ?story_id = 122774468830305100 12/2/2008 -D..._... _.. ...... -v. _._ ..r v.. .. .b..v v.a.v «. ....� J. UV, .J Vl T than 20 for a "yea" or "nay" on the possible donation, lease or sale of a Search portion of their property for neighborhood trail purposes. So far ii have said they are unwilling to make concessions, stating that vandalism, littering and trespassing would increase if they allowed public access onto their land. "I'm not against more paths ... just not on my property," one private landowner wrote. Subscribe • At the same time, seven property willingness ,� „ ,��,, r�,� p p ty owners have indicated their willin I; :',- h to participate in the project and allow some type of acquisition. The project is still in the study and planning stage, prioritizing properties - for acquisition would be done sometime far in the future. As for public property, city-owned land isn't such, a problem and Roberts said he will contact Clean Water Services, TriMet and the Tigard- Tualatin Powered By School District to ask for their permission. IVlojoPages Some residents aren't fans of the project, stating that ODOT funds should be used for sidewalks and crosswalks rather than dirt paths. "If you want people to walk, you need sidewalks and you need to be able SPECIAL SECTIONS to safely cross streets," Tigard resident Sue Beilke said. She also stressed AND PROMOTIONS her concern for wildlife habitat being intruded upon if the city implements trails through greenways. "We already have a lot of big trails in Tigard," Beilke said. "Some make ReTHI N KING sense, and I'm not against trails ... but they have a place." Other residents mentioned safety as a big concern, and Roberts agreed it needed to be a focus of the study. Apparently two major trails in city limits cross train tracks, and residents : ' have identified them as being consistently used Roberts said the only r -' . viable option would be a pedestrian overcross. . t - t ,,�: Want to get involved? if 1� For more information about the Neighborhood Trails study visit QT:tiL �.; www.tigard-or.goy/mws/o8-o8-os trail studv.asn. 2098 Dili GUIDE ,11�'( Digg f C Dei.icio.us El Newsvine Stumbleupon ..i._:, ne Reddit � � r r ' 1 • • Copyright 2008 Pamplln Media Group, 6605 S.E. Lake Road, Portland, OR 97222 • 503 - 226 -6397 J Pamplin Media Group Privacy Policy Portland, Oregon OR - Right Brain Resource Is a professional executive employment agency staffing temporary (temp) and direct hire careers. We staff Marketing jobs, Administrative jobs, Creative Design jobs, Engineering jobs and Information Technology IT jobs. Check out our FREE Sob Board, Post your Resume or read our blog. KosmosCentral Portland Web Design, eCommerce and Marketing providing quality web development services and custom web solutions for small businesses and large across North America and World Wide. Our Portland search engine optimization & Portland web design teams conduct Internet marketing services to providers of Portland pest control, real estate IRA and Portland florists. Search engine marketing, webslte templates, portland web design and webslte promotion by Webfu // 503.381.5553 New down and fleece north face jackets. The largest selection of North Face Jackets available online. Free shipping on orders over $40.00 http: / /www.portlandtribune.com/ news / story.php ?story_id= 122774468830305100 12/2/2008 MKS A • V A 1� R D . :- ,?5,,pp r., SIN 1 BORHOOD •. I L STUDY � �ti M - air � _'.11 4 - _f ilter - active Map _...� 'C ss ys in ,..,..r. _ Newer • . veloprnents e . 11; 7 If 1;11: '147ik ' . ' /.. r ir...i. , :,a — ,i-- — ' %Yoe - Irl • A I f Q t ':k malml t=a- >.... '. .r ;n�9F ,. _ e, � _....... ate[ 1 N ��N , ,' . ;y # ` 1- q [g� q 11 '7* P. ri + ' " +f r 4•;, S •. > n err 4 4. .�+ .. - • • or 7 ,�}, 3 ■ /� 6'', A f # f 5 1 k t � ar . _ 'SSY' y V f ■ ' ' � i -+ a .,.‘ • R J R ° ' �1d • � ,„ f/! Ns o r ; t „ k 11. .1� W E % o 4 ._ �' 1 R.y j • , r i%A1 % a ti t � ' '^ t { V �, x 1 fl t . . ,4 - e . . . .• . . ' , • kb.. y ' 4 1/4 b9i i0 m it , , i s, Ii ,A.*:24 1 . . mss. . �' , I a . I • �. "' i A IL ;t le?. r, .4p,,I .. x: 4,7 ' i G� E I a:_ 9 et • r 9 p• 4I • 1.0 .i Li • 9 r - r ..� �^ a N - sil L ', �' V/ S i ir j 'r...i 75 \ O raS i �� s 4 �� i �'�, t � E t. 1 RBI � � L 0 + ` /.. -- _. 7.— - _ _ � t .ar � '"'n ■u.`� i x 4 4 "ti , - I K i � .. ' i 4 t, i r a "7" 4 , i-,.;;;; ,;,: ! - ;; Re. kittz ,,•-• . . , • .. ,.'.' . •. ( '' 0 • - - :" .. • y. Yi ' 1 P ,` .. j •s' i ' - . • „,' • • .. AIL Y t a y` .,, Pi,r ,,,,r^ `�+ f jam. t ✓y rr^ ' Metzger Area , 1 1 6 7 w' .... , ► ,1 , - 4 t -, r . r S `i. 4 RC ? C a• a aaa + . 1' Y � y y yy - t y r� !till . ::,':rye , ' l ■ ' I l ay _ Y 5 9 .7. - Y �{ ` .� t + j l am . . - 3 ,. 1 ` T1r / t / / / / <J /f 1 L t : �. . S'f 4 y`r / /lr / / �4 , t * r` _4 . ,I.,.-. . A 1 ..4 itilli . ill'i: ' ' 11 ; ' ' .. "1' f r. f , _ ? N � ,A.'''''-- . i } y ""- .p,„:„ q . 1 ;k, P l , ,, , it "r, ' ,- j " '', V rr A $• / t, + e �r t Z'+R b �. ✓ .;., -,, t ; yr:r �y../ • , IIW 4 en ral Tigard r , m1 Wit.. .,.0 L. • 1W. . t 1 -Sir Aga . ice ,, I 4...,,i,'",,',. • . r ~ - T " �y, 'fit 1 .r ' • r e .,c r '. °I � a � • �" L, , • • p n - - — .-.. ,._ r _. ,. . Y 5 f +Sy 4 1' 7 S fi fel o .:ai . NM } Q �J as f l :' I 1 ^ {'• v ,,r .. .. 4 .. . . _..,-. _ ., .. FIP ,,,, • . . ' ., 4 gt, ., . ,.,..... i y in ; .....MI .� N.Y. . • - ,rte 1 +r �L ,,,„. 5 ,,. .: ,,...• .,,,,I ., e'', 00 i ka s 1 : q � t.. 1 s s .. ' ti MY • • i 1 0 1 -. ' T V (1 ,� _-1� � 1 1 -O t4. t bJ4 ,� fi inn . �!`:.: r` s F urls >t< r 314 � . 1,1:-' ' , '- y 9 s. (1:) It � r PL) 4. i sus �A . �. a v • s IL r f 1.•.'A . . a. ° 74-0,4i. , , a - ��,� .0 9i ; ‘ 4 ' 4 1 ,$., . 1190' • , A , sel . it , .,. , , -. ., AI .., ,.. . ? , . . ft.f., It...... „ ..„. Aill go . . .... , . ... __ . l Ai '. 1 1 11 ' t 11" . 4 ,_ ‘. 4 ' ./ i LO 0 y aj t 1 w ,, r ._�' t cd"ti Ty d�t1 } r., S t a f x^w lt ri YL" -1 _ , t +� I ` .• � , . t� �� . , , r r � ` s. • r A., • 4.,:i •• „......,.• .,..,.• ,•.„4,4,,i,. •,,,,..,,,•,. ,. .,.....,„-., ,.,,,-,„...„:,,,,- .. • . • % ......, 7. ,-, • - •••4'r,t1s.,,t„. -:. r t I. i ,_ ", 1111 •+ � v t ,1 V 04 / R6 1":. • k -.A R / - . y ' • y r x } R�,� H " ^ r` ■ x •� , } ✓; f 1 , y ➢i�l x O III WM 1 kJ i „... ..-. 34 1 1 F ";: . n 1 e L --. e i ' �� -y, • v J Y .a te f , ^r( i' 1~ 1 a fl °l^ V S r� j ` t i/ I 4 } - ' 07 , T • ' F � t . h • ' ' :. '.: l 'il ,.. , : IC; — ..!.` ' : .g.1 ;x ,� d 4.',1. Y (. a � '.1 .f► i s ' r 17,.. ' .a r G-ti� *.t i K 1 .tl '". 1 V�� '�' . s« o "r s k *,- .. / X' v. ...1. 'r r t • � x .' i , n .0 ,; " �� ` 3 4.r. J v . -; ''� ..+ :e . gym r s. • iF ) ¢ F:a a „'r ih ' c z A ''' +r-. +-) � = L 7 th ' °{ . _> u ,N4fir .`. 'w _.,,. " 3{ y .`1 J .. 1F s t ` . A • fi r.' lie.. ^l.: at f inder/ '.. - X 3 . 1 r r . r t _� enesis • ' m_.. 12 " i !' < q sA 1, r t • • .tip J a; r. "°'.i \ rrs t. ��, �e .�, _. f i F • 4w s � } c • �k w , • • . ��' . E{ a ' �r ' P r , r r ti-,. a' - -� ' •j. Cim ~ , a V. $, 13 Agenda Item # Meeting Date January 20, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Further Council Discussion of establishing a Transportation Advisory Committee (TAC) Prepared By: Ron Bunch Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the Council further consider establishing a Transportation Advisory Committee and assigning specific roles and responsibilities? STAFF RECOMMENDATION Council's alternatives are to: 1) Direct staff to finalize specific roles and responsibilities by means of bylaws for a Transportation Advisory Committee and to prepare a resolution to formally establish the body. The Council may wish to choose a future date to formally institute the committee; or 2) Postpone further any consideration of creating a TAC. Council also has the option to direct staff to modify the TAC's bylaws /charge statement as it sees fit. KEY FACTS AND INFORMATION SUMMARY Council discussed this matter on October 28, 2008, and requested that staff bring back to it specific roles and responsibilities that a Transportation Advisory Committee might be assigned. Staff has prepared draft bylaws (Attachment 1) that list the roles and responsibilities of a Tigard Transportation Advisory Committee. They are on page 1, Section 1: Charge and Duties. In addition, Council requested that membership composition be proposed. This is stated on pages 1 and 2, Section 2: Composition. Please note that page 3, Subsection 7(b) specifically restricts the Committee from discussing land development applications that are likely to be heard and /or decided upon by the Planning Commission, City Hearings Officer, or City staff. However, the Committee may propose recommendations or otherwise participate regarding legislative matters including but not limited to, citywide transportation policy; transportation system planning, revision to development standards, etc. The reason is that land use decisions are legislatively restricted to specific approval authorities that include Planning Commissions, Hearings Officers, Staff, Design Review Boards, etc. Furthermore, the process for deciding land use matters must occur according to mandated procedures. The discussion of quasi - judicial land use matters outside the legally prescribed context raises undesirable procedural risks. At the October 29, 2008 meeting Council also requested information that a Transportation Advisory Committee would have enough work to do. Recent history indicates that, once formed, it would have a considerable amount of work. For example, at this time the City is involved in between 15 and 20 specific transportation issues of varying complexity. However, some of these matters /projects are being advised by ad -hoc citizen committees including the development of the Transportation System Plan and transportation finance options. Council may wish to consider waiting until these major projects are completed to form the TAC. Attachment 2 is a chart that lists current transportation projects and issues, respective citizen advisory committees, and how they are being managed. 1: \LRPLN \Council Materials \ 2009 \ 1-20-09 AIS Further Discussion re'I'AC.docx 1 OTHER ALTERNATIVES CONSIDERED N/A COMPREHENSIVE PLAN GOALS Citizen Involvement: Goal 1.1: Provide citizens, affected agencies and jurisdictions the opportunity to participate in all phases of the planning process. Goal 1.2: Ensure all citizens have access to: A) opportunities to communicate directly to the City. ATTACHMENT LIST Attachment 1: Draft Bylaws of the Transportation Advisory Committee Attachment 2: Current Transportation Projects and Issues FISCAL NOTES N/A • I: ALRPL.N \council Materials \2009 \1 -20 -09 AIS Further Discussion re TAC.docx 2 ATTACHMENT 1 BY LAWS OF THE CITY OF TIGARD TRANSPORTATION ADVISORY COMMITTEE SECTION 1. CHARGE AND DUTIES (a) The Tigard Transportation Advisory Committee (TAC) (the "Committee ") has the powers conferred by City Charter, the Tigard Municipal Code, and the resolution approving these bylaws and such other powers as granted by the Tigard City Council, but shall have no other powers. These by -laws are adopted by resolution of the Tigard City Council, are binding on the Committee, and may be amended only by the City Council. (b) It shall be a function of the Committee to act as an advisory body. to the Tigard City Council and City staff pursuant to these bylaws. 4. (c) The Committee is charged with advising the City Council and staff regarding planning and development of a comprehensive transpor network;for the City of�Tigard. This involves tasks such as preparation of multi -modal transp orrtation sy item plans and corresponding F 4 transportation financing /capital investment programs; public involvement and education in transportation matters and ways'-to, improve traffic afety and accessibility in all transportation modes. • The Committee shall assist and adviseCity Council and staffAregaxding development of traffic safety programs and public edu about "traffic safetyThe Committee shall also provide a venue for:citizen- opportunitie m transportation matters. Furthermore, it shall also workto increase::eommunity awareness of transportation issues that affect the City of Tigard. The Committee shall coordinate itsgtasks, actions , ::aid recommendations with other City advisory commissions and committees4 This includes, but is not limited to, the Planning Commission regarding the relationship between land use and transportation; the Parks C ommission concerning. trails and; pathways, and the Budget Committee concerning matters of transportation related funding. .4 ` (d) The Committee shall perform other duties as assigned by the City Council. (e) The Committee may form subcommittees to investigate areas relevant to its charge or duties pursuant to this ' section. SECTION 2. COMPOSITION (a) The Committee shall consist of (7) members appointed by the City Council who are residents of Tigard or own businesses or property within the City as follows (1) There shall be two (2) representatives who own or have primary management responsibility for businesses with the City of Tigard; l: \1.RPI.N \Council Materials \ 2009 \ 1-20-09 /MACH 1ACI -I 1 Further Discussion re TAC.doc (2) Five (5) persons who are residents of Tigard and who represent a cross - section of interests in the community at large. Effort shall be made to recruit a youth member and a person with an interest in alternative transportation modes. SECTION 3. APPOINTMENTS (a) Council shall appoint individuals to meet the compositional requirements of above. (b) Council shall determine a means of staggering appointments of members appointed initially to ensure membership continuity. (c) Appointments shall be made by the City Council with recommendations from the Mayor. SECTION 4. TERM OF OFFICE (a) After the initial staggering of terms, the term of office,ofall future, appointed members shall be three (3) years or until their successors are qualified and appointed (b) All terms shall begin (Date) and end ��.. :(Date). (c) Any vacancy on the Committee 'shall be filled by appointment by the Council upon recommendation by the Mayor fortlleunexpired portion; of the term. The unexpired portion of a term does not count towards the t f c ternis.limit in Section 4(d). (d) Members may be reappointed for one 'additional three y ear term ' initial one or two year term under Sections4(a)' and (b) does not count towards the . two consecutive terms limit. (e) Members of the Committee shall receive no' compensation for their services. SECTION 5 *ORGANIZATIONOF THE COMMITTEE (a) < A.t its first meeting dt the year, and thereafter annually, the Committee shall elect a Chair and Vice, ; Chair from its mefnbers who' shallhold office at the pleasure of the Commission. (b) If the Chair or Vice Chai resign, the Committee shall, at it next meeting, conduct an election arid provide a replacement. (c) The Committee shall ; meet at least quarterly during a calendar year at a time and place that is specified at least 5 "days in advance. (d) All meetings shall be conducted in conformance with Public Meeting Law. (e) A record of the Committee's proceedings shall be filed with the city recorder. SECTION 6. VOTING (a) General procedures of the Committee, including voting, shall follow Robert's Rules of Order. (b) A majority of votes shall determine the official position of the Committee on a given issue. I: \1.,RPI..N \Council Materials \ 2009 \ 1-20-09 ATl'ACI -I 1 Further Discussion re'IAC.doc 2 (c) Chair and Vice Chair shall vote on all matters before the Commission. SECTION 7. COMMITTEE MEMBER RESPONSIBILITIES (a) Members of the Committee shall: (1) Regularly attend Committee meetings and contribute constructively to discussions; (2) Consider and discuss issues from a Citywide perspective as well as that of particular stakeholders or interests; (3) Understand and be able to articulate the Committee's; charge, responsibilities, and adopted annual work program; • (4) Strive to reach consensus on matters un consideration; (5) Act with respect and consideration>for : the viewpoint of others; (6) Review and provide comment on reports; presentations; and recommended policies or strategies related to transportation issues thatzMay come before it; and (7) Vote on motions in front of the :Committee, except reasonable abstention is necessary. ., .. M1•�ti k. (b) Committee members shall discharge their: duties as specified,add or directed by Council. However, the Corn nittee` shall not discuss specific land development applications that are likely to be heard ard%ordecided upon by the Planning Commission, City Hearings Officer, or City staff. However, the`Crommittee,may propose recommendations or otherwise participate regarding legislative matters.; including, but not limited to, citywide transportation policy; transportation s yst m planning, development standards, etc. This provision does not restrict in an way the rights,of any Committee member from exercising their participatory or due y y � `�; Y .:.. g P P rY process P rights as a private citizen. In addition, members shatnot make` representations on behalf of the City of Tigard or the Committee unless specifically authorized. SECTION 8. ATTENDANCE If any regular member of tle'Committee is unable to attend a meeting, he or she is expected to notify the Chair or Vice Chair. If any'member is absent from any six (6), regularly scheduled meetings within one year or three (3) consecutive meetings without reasonable cause, the issue shall be placed on the upcoming agenda, and upon majority vote of the Committee, that position shall be declared vacant. The Committee shall forward its action to the Mayor and Council, who shall fill the vacant position. SECTION 9. QUORUM At any meeting of the Commission, a quorum shall be a majority of the current members of the Commission. No action shall be taken in the absence of a quorum except that the meeting may continue 1: \LRPLN \Council Materials \2009 \1 -2U -09 A YI'ACI-I 1 Further Discussion re TAC.doc 3 with discussion on agenda items. For the purposes of forming a quorum, members who have disqualified or excused themselves from participation in any matter shall be counted as present. In the event a quorum will not be present at any meeting, the Chair or Vice Chair shall notify the Committee members in advance so that a decision may be made whether to meet and take no action on agenda items, or to reschedule to a different time. SECTION 10. REMOVAL OF MEMBERS (a) The City Council may remove members of the Committee in accordance with Section 8 Attendance. (b) The Council may also remove members at its sole discreti ii: ; , (c) The Committee may make a recommendation to Council for the ` removal of a member for failure to comply with Section 7 Committee Member Responsibilities. Tlie-Committee shall forward a recommendation for replacement to the Mayor'and Council in a timely manner. SECTION 11. ANNUAL REPORT OF THE COMMI l`l'EE (a) Not later than December 1 of each. year, the Committee shall prepare and file its Annual Report to the City Council. (b) The Annual Report shall include a summary of key activities proceedings and any specific suggestions or recommendations which the Committee believeswould assist its mission or improvement of the C ity's transportation infrastructur (c) The Annual Reportshall notbe submitted unless approved by the Committee. I:A1.1iPLN \Council Materials \ 2009 \ 1-20-09 ATI'ACI -1 1 Further Discussion re TAC.doc 4 Attachment 2 Transportation Advisory Committee Potential Transportation Projects and Issues Transportation Issue/ Project City Advisory Issue /Project Management Committee Responsibility 1. Transportation System Plan Ad -hoc Citizen Advisory Long -range planning and update Committee (CAC) engineering 2. Neighborhood Pathways Ad hoc CAC Long Range Planning and Connections (NPC) Plan Engineering 3. Implementation of state and None Long range planning and federal Grants for pedestrian engineering; Public works and bicycle safety projects (Parks) 4. Neighborhood traffic None Engineering management 5. Downtown Circulation Plan CCAC and CAC for the Long Range Planning and TSP Engineering 6. Tigard Triangle Transportation CAC for the TSP Long Range Planning and Assessment Engineering 7. Assessment of area UGB areas None Long Range Planning and 63 and 64Transportation Engineering impacts 8. Metro high capacity transit None Long Range Planning and planning Engineering 9. Transportation capital None Long Range Planning and improvements planning Engineering 10. Transportation financing Transportation financing Engineering strategies strategies task force 11. Needed TriMet service None Engineering enhancements 12. Implementation of Tigard 99W None Engineering Improvement and Management Plan 13. Involvement in Development of None Long Range Planning and Metro Regional Transportation Engineering Plan (RTP) 14. Transportation Safety Education None Police and Engineering 15. Transportation Citizen CCI Engineering Involvement Issues such as Hwy 99W; Street Maintenance Financing, access Management, etc 16. State and Regional Funding None Long Range Planning and Priorities Engineering 17. Safe Routes to Schools Ad -hoc parent groups Engineering 4w)14 2ant(&49, tie nit TRAINING MATERIALS FROM TIM RAMIS FOR REVIEWATTHE JANUARY 20, 2009 CITY COUNCIL MEETING Executive Sessions Councils may meet in executive (closed) sessions only under certain, statutorily - authorized situations, and there are civil penalties for violation of executive session laws. The following are among the permissible purposes for executive session: 1. Employment of public officers, employees and agents. 2. Discipline of public officers and employees. 3. Performance evaluations of public officers and employees. 4. Labor negotiator consultations. 5. Labor negotiations. 6. Consideration of exempt public records. 7. Consultation with legal counsel regarding litigation. 8. Real property transactions. 9. Public investments. No executive session may be held for the purpose of taking any final action or making any final decision. But preliminary decisions (eg., whether to offer to purchase property, what to propose in collective bargaining) can be made in executive session). Executive sessions may be called during a regular, special or emergency meeting for which proper notice has been given. Also, a meeting may be called which is only an executive session. The presiding officer must first announce the statutory authority for the executive session before going into session. The media cannot be excluded from an executive session, except for sessions regarding labor negotiations. Media representatives in attendance at an executive session should be instructed not to report or disclose matters discussed at the session; if such instruction is not given, the media may disclose the discussions. The presiding officer may prohibit the media from recording an executive session. Who is the Media? The media includes news - gathering representatives (i.e., reporters) of news media that ordinarily report activities of the public body, or ordinarily report matters of the nature under consideration by the public body. Compliance of nondisclosure requirements by the media is based primarily on cooperation, not on the imposition of any penalties. An executive session is a meeting that is closed to certain persons. Other persons (such as staff or consultants) who are allowed to attend by the Council may be included in such a session. What happens if a council member discloses information that was discussed as a proper subject of an executive session? Answer: A reporter is under no obligation to keep confidential any information that they independently gather as the result of leads obtained in an executive session. For instance, if a member of the media asks a council member about the information discussed in executive session, and the council member discloses the information, that information is no longer privileged and the reporter may publish the comments. F4 c �}'rne ag t M (/ 11 1 / - )-0huar, ( 20 / e ',14061 Oregon Government Ethics Laws — 2009 for Elected Officials Presented By: • •. • Tim Ramis • • • • ``. Jordan Schrader Ramis PC • • • 503.598.5573 tim.ramis @jordanschrader.com ••• • Oregon's Ethics Laws • Oregon's Ethics Laws were established by the voters in 1974 to create more accountability in government. The laws were called the "Ethics Laws" and the Commission overseeing the laws the "Oregon Government Ethics Commission." • The law is found in ORS Chapter 244. It is administered by the Oregon Ethics Commission and its staff is located in Salem. • The 2007 Legislature rewrote the laws making significant changes to gifts. JORDAN $CHRADER 1 ••• •••• ORS 244.020(13) •••• •Q, 49 The law applies to all Public Officials as defined by the law, ORS 244.020 (13). "Public Official" means any person who, when an alleged violation of this .chapter occurs, is serving the • FYI State of Oregon or any of its political subdivisions or any other public body of the state as an • • ,w • elected or appointed official, employee, agent, or otherwise, and irrespective of whether the person is compensated for such services. JORDAN SCHRADER ZOOS An Rights iLserverd ••• •••• •••• ••• The Standard ••0® Public officials are held . to a higher standard than citizens' in general. The Code of Ethics spelled out in ORS 244.040 states actions *which public officials are prohibited from doing. _ • JORDAN SCHRADER ` 2 ••• •••• ••••0 Public officials are prohibited from using or ••• ••0a attempting to use their positions to gain a •00 financial benefit or to avoid a financial cost for themselves, a relative, or their businesses, if the opportunity is available only because of the position held by the official. This does NOT include A • a. An official compensation package as determined by the public body that the public official serves. b. An honorarium or other item allowed - k under ORS 244.042. c. Reimbursement of expenses. d. An unsolicited award for professional achievement. JORDAN SCHRADER R ••• •••• ••••o •••m ••0 •00 rd e. Gifts that do not exceed the limits specified in ORS 244.025 received from a source that could reasonably be known to have a legislative or administrative interest in a governmental agency in which the official holds any official position or over which the official exercises any authority. f. Gifts received from a source that could not reasonably be known to have a legislative or administrative interest, etc. g. Receipt of any item, regardless of value, that is expressly excluded from the definition of "gift" in ORS 244.020. • JORDAN SCHRADER ......2009-121bOts Reserved 3 ••• •••• ••••4, .•8,ea 1198 The limitations on what a public official - Relatives: can receive because of his or her public Spouse office applies to relatives or members Domestic Partner of the 'household and businesses with Children Siblings which the public official or- a relative or spouses of Siblings member.,, of the household of the public Parents official is a ssociated if the financial gain or Parents of Spouse avoidance Of financial detriment would not Children of Spouse otherwise be. :available but for the public official's holding; •of the official position or People the public official has legal support office. obligation fora' receiving benefits from 'may" be defined as a relative. JORDAN '$CHRADER • D'200� M PigMS Revved ••• •••• ORS 244.025 -Gifts •••• •,e During a calendar year a public official a candidate for public office, ;or a relative-or member of the . • household of the public official or candidate, may not solicit or receive directly,or indiirectly,. any gift•or_gifts with an aggregate, value in excess of $50`from any single source that,could reasonablyy be known to have a legislative or administrative interest'in any' governmental agency in which the public official holds, or the candidate, if elected, would hold;•any official position or over 'Which the official exercises,,or the candidate if elected would exercise, any authority. JO R DA N:;$CH RADE R ......... X 02004 -M Nips NaCVed 4 ••• ORS 244.020(5)(a) •••• ••••. •••a "Gift" means something of economic value given to a public official or a relative or member of the household of the public official without valuable consideration of , . equivalent value, including the full or partial forgiveness of indebtedness which is not • ' extended to others who are not public 1 1 ksi P officials or the relatives or member of the ;1414;7 household of public officials on the same terms and conditions; or for valuable consideration less than that required from others who are not public officials. JORDAN SCHRADER ......... D 7009- 411 Rlgti6 0.rSeneO ••• •••• However, "gift" does not mean ••••0 ••oe •oo • Campaign contributions as defined in ORS 260.005 8,3 • • Contributions to a legal expense trust fund established under ORS 244.209. • Gifts from relatives or members of the public official's household. • Unsolicited gifts with a resale value of less than $25 and in the form of items similar to a token, plaque, trophy, and desk or wall mementos. • Publications, subscriptions, or other informational material related to the public official's duties. • Waivers or discounts for registration or materials related to continuing education to satisfy a professional licensing requirement. JORDAN SCHRADER r........• ... ® 2003- RigtAs RtNeved 5 ••• •••• However, "gift" does not mean ;;:• ••00 •®® • Entertainment for public official, a relative of the public official or a member of the public official's household that is incidental to the main purpose of the event. • Entertainment for a public official, a relative of the public official, or a member of the public official's household when the public official is acting in an official capacity and representing a governing agency for a ceremonial purpose. • Food, beverage, and admission for a public official, a member of the public official's household, or staff, when the public official is scheduled to speak or answer questions at an organization's reception, meal, or meeting. • Food and beverage consumed at a reception where the food and beverage is an incidental part of the reception and there was no admission charged. JORDAN SCHRADER ••• •••• However, "gift" does not mean woe •• ® •oe • When public officials travel together inside the state to an event bearing a relationship to the office held and the public official appears in an official capacity, a public official may accept the travel - related expenses paid by the accompanying public official. • Food, lodging, or travel expenses if a public official is scheduled to speak, make a presentation, participate on a panel, or represent a government agency at a convention, fact - finding trip, or other meeting. The paid expenses for this exception can only be accepted from another government agency, Native American Tribe, an organization to which a public body pays membership dues, or certain tax - exempt riot-for-profit organizations. JORDAN $ 399- R R III .. ® -,� sereed 6 ••• •••• However, "gift" does not mean ••••. ••„ •90 • Food, lodging, or travel expenses for a.public official, a relative of the public official or a member of the public official's household, or staff, may be accepted when the public official is representing the government agency or special district at one of the following: • Officially sanctioned trade promotion or fact - finding mission • Officially designated negotiation or economic development activity when receipt has been approved in advance JORDAN SCHRADER A.,- d:) 2009- ea Rldtes Reserved ••• •••• However, "gift" does not mean •••• ••„ •ee • • Food and beverage when acting in an official capacity in the following circumstandes: • In association with a financial transaction or business agreement between a government agency and another public body or a private entity, including such actions as a review, approval, or execution of documents or closing a borrowing or investment , transaction • When the office of the Treasurer is engaged in business related to proposed investment or borrowing; • When the office of the Treasurer is meeting with a governance, advisory, or policy making body of an entity in which the Treasurer's office has invested money. JORDAN ,$CHRADER 7 ••• •••• ••••0, •••• Conflicts of Interest •0. • Oregon Government Ethics law defines actual conflict of interest [ORS 244.020(1)] and potential conflict of interest. [ORS 244.020(11)] A public official is met with a conflict of interest when participating in official action which could result in a .financial benefit. or detriment to the public official, a relative of the public official or a business with which either are associated. • Note: A "member of the household" who is not a relative is not part of the definition. JORDAN $CHRADER ...... :.. ®' 7009 - M Algli6 Reseved ••• •••• •••. ••• Conflicts of Interest •0 • The difference between an actual conflict of interest and a potential conflict of interest ,is determined by the,words "would" and "could." An actual conflict of interest occurs when the action taken by a public official would affect the financial interest of the official, the official's relative or a business with which the official or a relative of the official is associated. • JORDA N; SCH RADE R • • . ' ® 7009 - Plgl¢s R6 evM 8 ••• •••• ••••t, •••e , •A@ Conflicts of Interest 00 • A potential conflict of interest exists when the action taken by the public official could have a financial impact on that official, a relative of that official or a business with which the official or the relative of that official is associated. JORDAN 9 - TRADER ............. S ©2 C M A Rae eO ••• •••• ••••® Conflicts of Interest GO • Action needed when a conflict of interest arises. A public official must announce or disclose the nature of a conflict of interest. The way the disclosure is made depends on the position held. The following public officials must use the methods described. • Public Employees • Elected • Appointed members of Boards and Committees JORDAN $CHR.g09 Reserved 9 ••• •••• ••••• ••• 0 (UGC Conflicts of Interest •... • Action needed by a Public Ernployee: • Public - officials who are appoi employed or volunteer must provide a written notice to the person who appointed or employed them. The notice must describe the nature of the conflict of interest with which they are met. [ORS 244.120(1)(c)] JO RDA NiSC H RADE R IM 2C09 M itgivs Reserved • • • 0000 •000 • •••0 ••o� Conflicts of Interett. lee 0 oe • Action needed by Elected Officials.Or Appointed M •of Boarclg-and Commission: • These pill:ill& officials must publicly'annOunce the ' nature of the conflict of interest beforeijartiCibating ih any official action on the isiue':giliinci rise to the • conflict of interest. [ORS 244.120(2)(a) and ORS 244.120(2)(b)] JORDAN SC H RADE R ........ 2?39- 10 ••• •••• ••••s •••. Conflicts of Interest GO • Following the public announcement, the Public Official: • Potential Conflict of interest: May participate in official action on the issue that gave rise to the conflict of interest. • Actual Conflict of Interest: Must refrain from further participation in official action on the issue that gave rise to the conflict of interest. [ORS 244.120(2)(b)(A)] .ORDAN $CHRADER ......... m 2004- All Rips Reserved ••• •••• •••• •••0 Conflicts of Interest •0 • Exception to actual conflict of interest: • If a public official is met with an actual conflict of interest and the public official's vote is necessary to meet the minimum number of votes required for official action, the public official may vote. The public official must make the required announcement and refrain from any discussion, but may participate in the vote required for official action by the governing body. [ORS 244.120(2)(b)(B)] JORDAN SCHRADER ... ® 2009 - III Ri41i¢ Raa�eE 11 ••• •••• ••••. •••® Conflicts of Interest �e. • When a Public Official is exempt from the requirement: • The conflict of interest arises from a membership or interest held in a particular business, industry, occupation or other class that was a prerequisite for holding the public official position. • The financial impact-of the official action would impact the public official, relative or business of the public official to the same degree as other members of an identifiable group or "class ". • The conflict of interest arises from a position or membership in a nonprofit corporation that is tax - exempt under 501(c) of the Internal Revenue Code. JORDAN : SCHRADER .... m 100¢ ai ayn<s asa.ea . ••• • •••• ••••6 ••• • Conflicts of Interest: oe • The announcement of the nature of a conflict of interest must be recorded in the public record of the public. body served b y the public official. • JORDAN $CHRADER r .. .. ® m0� nn Rights Reserved 12 ••• •••• •••• o ••• Conflicts of Interest •.. • The announcement of the nature of a conflict of interest needs to be made on each occasion the conflict of interest is met: • City Council members have to make the public announcement one time during a meeting. If the matter giving rise to the conflict of interest is raised at another meeting, the disclosure must be made again at that meeting. • Appointed Employee have to give a separate written notice on each occasion they participate in official action on a matter that gives rise to a conflict of interest. JORDAN SCHRADER ........ 2009- Requesting an Opinion from •••• The Commission •..� Any public official who needs help understanding the Ethics Rules can - contact the Ethics Commission and request an opinion. This is valuable if 11 . "' i � w someone is uncertain whether or not they are likely to violate a rule if they � either engage in some conduct or _ • s accept a gift. It is always advisable to request an opinion before doing,a'� questionable act or accepting a gift that one is unsure of. JORDAN SCHRADER ...... O 200 n0 0.14116 acuvea 13 ••• •••• ••••e ••• 0 ••0® •ee 00 Anyone can request an advisory opinion from the • Executive Director or the Commission staff and secure a written or oral informal opinion. The Commission may consider whether an action by a public official that may be subject to penalty was taken in reliance on staff advice or a staff advisory opinion. An advisory opinion does not always provide legal protection if later a complaint is filed and the Commission finds a violation existed (even if the Commission staff gave advice that one followed completely). JORDAN SCHRADER ♦,.... . ® 2004- AR Rip. ReSaveE ••• •••• ••••0 •••• • • ® B •0e Se A better opinion is a Commission Advisory Opinion adopted by vote of the Commission, The Commission must respond to a request for an advisory opinion within 60 days, unless if extends the deadline an additional BP days. The benefit of a formal is if a complaint is filed and the person followed "the formal opinion, unless the Commission ; advisory opinion is'revised or revoked, one is shielded ;from Iiability ORS Chapter244 (ORS 244.280 (3)). = JORDAN SCHRA R DER ......... R Rights Reserved 14 ••• •••• ••••4 •••0 Complaint Procedures • *e What happens if a complaint is filed against y The Commission will only investigate signed, written complaints. However, in the past, about 10% of the cases reviewed by the. Commission were initiated by the Commission's own motion. The rules now require that before approving a motion, the public official against whom the action may be taken is notified and given opportunity to appear before the Commission. JORDAN $CHRADER ... S C 2009- M wgna Reserved ••• •••• ••••o •••• ••00 •• 00 ' If a complaint is filed against a public official, a formal processbegins. The Commission notifies the person who.is the subject of the complaint within two'business days after receiving a complaint: The`following are the phases of a Commission review of a complaint, once a written opinion isfiled: JORDAN. $CHRADER ® 1009 - f+igMS Ra eveO 15 ••• •••• ••••o •••o •• ® 1. Preliminary Review a ® The Commission undertakes action in the Preliminary Review phase to determine . whether there is cause to undertake an investigation. This phase may not exceed _ 135 days with limited exceptions. mr, JORDAN SCHRADER F..' . 2009- M WgIE R6 >veE ••• •••• ••••o •••o • • S o Preliminary Review - a file is opened, staff CO solicits information, (examples: records, documents, depositions) to determine if there is cause to undertake an investigation At the end of their review the Commission either. ; �� r _ .. �Ly • a. Determinesahere is not ;cause; � a v, t dismisses the complaint, or 4:44 rescinds its motion, and formally , . • : . enters the dismissal or rescission in ! its records; or b. Makes a findings of cause to undertake an investigation and undertakes action in the Investigation Phase. JORDAN ;$CHRADER ® mos- M w Raavcd . 16 ••• •••• ••••e •••0 ••©0 Note: The Preliminary Review Phase is confidential. • G 8 Once the Preliminary Review Phase is ended, the Commission must make all information available to the public after making findings of cause to undertake an investigation, dismissing a complaint or rescinding a motion. _va tyc JORDAN SCH R ADER ........... o ••• •••• •••• 0 •••o •• 2. Investigative Phase • If cause is found to pursue the case, the investigation phase begins. The Commission notifies the person who is the subject of the investigation, , i ,� identifies the issues to be examined, (`/ and confines the investigation to those i. issues. The Commission can r� /• '- subpoena documents and testimony. The Commission has 180 days to s complete this phase unless a delay is -� stipulated to between the person who is the subject of action and the Commission. JORDAN $C 9-02 17 ••• •••• ••••m •••a ••ao 3. Action by Order 4 At the end of the Investigative Phase, the Commission shall take action by order to either: a. Dismiss the case b. Continue the investigation for up to 30 days for more fact - finding c. Move to a contested case proceeding d. Enter into a negotiated settlement, or e. Take other appropriate action; if justified by the findings JORDAN SCHRADER •.. O IW� M agMS 116eeE ••• •••• ••••o ••• 8 ••o 4. 'Contested Action Proceeding • 9 If a contested case is begun, the Commission has determined that the information ,presented is sufficient to make a preliminary finding of violation. An administrative law: judge presides over the hearing. contested case follows the procedures stated in ORS Chapter 183. JORDAN SCHRADER 18 ••• •••• ••••. •••e Penalties ••°. •o0 Penalties can be fines up to $5,000 each for violations of ORS 244. In addition, if the Commission finds that an w official obtained personal financial gain by violating Section ORS 244, the x -..- Commission may require that the official forfeit twice the amount gained. JORDAN SCHRADER .. ... mloos - .0 0.10. Reserved ••• Official Salary and •••• •••® Benefits Package The Commission has ruled that public officials can use agency resources in some circumstances when the public body establishes such use as a part of an official salary and benefits package. For instance, within official salary, an employee can receive: - personal cellular and telephone service at the same rate charged to the public entity - use of a city vehicle for personal use in limited circumstances - the right to use airline mileage credits for personal use, although the miles were earned from travel on public business JORDAN SCHRADER ® mos- a 19 ••• •••• ••••0 ••• •• o 0 •00 GO Thus, because "official salary" is specifically excluded as a prohibited use of public office for financial gain, if g ( something'is labeled as official ' Compensation by a public policy an • V' .- employee can take advantage of the benefit without violating the Ethics Law. _ -• JORDAN SCHRADER ......... 2009- Ali NOM Reserved • • • •••• ••••0 ••• ••0 Available Resources 1100 00 • Statute — ORS ICh 244 • Administrative Rules — OAR 199 • Web — vvww.oregon.gov/ogec • Publication L .Guide • Advisoryi0pinions-by dpiniOn category • Telephone: 503,37875105 . — JORDAN SCHRADER ......... ©209- All Rights lisereed 20 ••• •• •• ••••o •••0 ••00 The message in this training is that public • a officials are held to a higher standard than other members of the public. In addition, Oregon's standards are higher than those of other states within the nation. It is better for public officials to be aware of the rules and regulations and to take steps to avoid fl inadvertent violation of the rules. of the rules and regulations is a key first step to avoid problems. The City may have personnel rules that differ from the regulations of the Government Standards and Practices Acts. Public officials who are employees of the city should familiarize themselves with the rules to avoid conflict. JORDAN SCHRADER ..... mmo¢ Mwgra ase.ea ••• •••• ••••© •••0 ••®• ••o 00 Questions concerning Government Ethics Laws and their application to public officials should be referred to either the Commission or City Human Resources personnel. JORDAN $CHRADER . r ... Np? M Rights Reserved • 21 Executive Sessions Councils may meet in executive (closed) sessions only under certain, statutorily - authorized situations, and there are civil penalties for violation of executive session laws. The following are among the permissible purposes for executive session: 1. Employment of public officers, employees and agents. 2. Discipline of public officers and employees. 3. Performance evaluations of public officers and employees. 4. Labor negotiator consultations. 5. Labor negotiations. 6. Consideration of exempt public records. 7. Consultation with legal counsel regarding litigation. 8. Real property transactions. 9. Public investments. No executive session may be held for the purpose of taking any final action or making any final decision. But preliminary decisions (eg., whether to offer to purchase property, what to propose in collective bargaining) can be made in executive session). Executive sessions may be called during a regular, special or emergency meeting for which proper notice has been given. Also, a meeting may be called which is only an executive session. The presiding officer must first announce the statutory authority for the executive session before going into session. The media cannot be excluded from an executive session, except for sessions regarding labor negotiations. Media representatives in attendance at an executive session should be instructed not to report or disclose matters discussed at the session; if such instruction is not given, the media may disclose the discussions. The presiding officer may prohibit the media from recording an executive session. Who is the Media? The media includes news - gathering representatives (i.e., reporters) of news media that ordinarily report activities of the public body, or ordinarily report matters of the nature under consideration by the public body. Compliance of nondisclosure requirements by the media is based primarily on cooperation, not on the imposition of any penalties. An executive session is a meeting that is closed to certain persons. Other persons (such as staff or consultants) who are allowed to attend by the Council may be included in such a session. What happens if a council member discloses information that was discussed as a proper subject of an executive session? Answer: A reporter is under no obligation to keep confidential any information that they independently gather as the result of leads obtained in an executive session. For instance, if a member of the media asks a council member about the information discussed in executive session, and the council member discloses the information, that information is no longer privileged and the reporter may publish the comments.