The URL can be used to link to this page

City Council Packet - 03/24/2009 l , w TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING March 24 2009 COUNCIL MEETING WILL BE TELEVISED 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov Revised March 20, 2009 — Removed Agenda Item No. 5 . f,, City of Tigard ® Tigard Business Meetin — enda g ...a.z ...., , , . , , a x. WIM �'� . .L.0 _a wL .. ,n,,4 rte _ < Awry <.. ,a. �.. , .... a ' . “ww a . �7 ,..4.. , e �es AV TIGARD CITY COUNCIL MEETING DATE: March 24, 2009 - 6:30 p.m. Study Session, 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign -in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503 - 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. TIGARD CITY COUNCIL /LCRB AGENDA- March 24, 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 7 City of Tigard M ® ,,,t43 ,,,,,, � w I Ti gard Business Meeting — Agenda ,,„,,,.,-, „,,,„„, _.,,,,„„ ..„,..„„,.,....„_ ,: vmmam-aw,, ' . ',' T , , >,i , ,,r.`,.M.MMI.- =44.%,,,,WV,,, , , -30.Z.„754.1 , — ' Meaa<,,,WW.,,,, jal-r.,d, , , , ,,I" , 6= 7'1 TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: March 24, 2009 - 6:30 pm Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION *- Presentation of Clean Water Services Fanno Creek Meander Project Community Development Department > Annual Review of Mayor's Regional Liaison Activities - Administration Department > Discussion of Urban/Rural Reserves Planning and Growth Management Aspirations - Community Development Department > Discuss City of Fairview Letter Regarding TriMIet 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non - Agenda Items 7:35 PM 2. PROCLAMATIONS - MAYOR DIRKSEN • American Legion Month - March 2009 • Arbor Month - April 2009 • National Community Development Week - April 12 -18, 2009 7:40 PM 3. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Chamber of Commerce Representative • Follow-up to Previous Citizen Communication • Citizen Sign Up Sheet TIGARD CITY COUNCIL /LCRB AGENDA- March 24, 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 7 7: 45 PM 4. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Receive and File: Annual Solid Waste Financial Report 4.2 Establish Transportation Advisory Commission - RES. 09 -14 CREATING A TRANSPORTATION ADVISORY COMMITIEE (TAQ TO AC1' AS AN ADVISORY BODY TO THE TIGARD CITY COUNCIL AND STAFF AND TO PROVIDE A VENUE FOR CITIZEN INVOLVEMENT OPPORTUNITIES IN TRANSPORTATION MAFIERS AND INCREASE COMMUNITY AWARENESS OF TRANSPORTATION ISSUES THAT AFFEC1' THE CITY OF TIGARD 4.3 Approve Continuing Control Agreement with TriMet for Operation of Commuter Rail within the City of Tigard - RES 09 -15 APPROVING A CONTINUING CONTROL AGREEMENT WITH TRIMET FOR THE WESTSIDE EXPRESS SERVICE COMMUTER RAIL PROJECT (WILSONVILLE TO BEAVERTON) WITHIN THE CITY OF TIGARD 4.4 Appoint City Center Advisory Commission (CCAC) Member - RES 09 -16 APPOINTING ALEXANDER CRAGHEAD TO THE CITY CENTER ADVISORY COMMISSION, TO FILL THE UNEXPIRED TERM OF FORMER COMMISSIONER LILY LILLY 4.5 Approve Intergovernmental Agreement with Tigard - Tualatin School District for Safe Schools Grant Program 4.6 Authorize the City Manager to Sign an Intergovernmental Agreement with the City of Gervais Providing a Lieutenant to be Interim Police Chief 4.7 Authorize the Submittal of a Transportation Growth Management (TGM) Grant Proposal for Greenway Trail Master Plan - RES 09 -17 AUTHORIZING THE SUBMITTAL OF A TRANSPORTATION GROWTH MANAGEMENT PROGRAM GRANT PROPOSAL TO FINANCE A GREENWAY TRAILS MASTER PLAN 4.8 Approve Resolution Supporting the Submittal of a Transportation Growth Management (TGM) Grant Application byMetro for a Highway 99W Corridor High - Capacity Transit Land Use Plan - RES 09 -18 SUPPORTING METRO'S APPLICATION FOR A STA1"E TRANSPORTATION GROWTH MANAGEMENT GRANT TO COMPLETE A HIGH-CAPACITY CORRIDOR LAND USE PLAN FOR THE HIGHWAY 99W CORRIDOR IN TIGARD 4.9 Local Contract Review Board - Award Insurance Agent of Record Contract TIGARD CITY COUNCIL /LCRB AGENDA- March 24, 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 7 • Consent Agenda - It Renyzed for Separate Ms cussior • A ny item requested to be renrned from the Consent Agerda for separate discussion vitae considered irrnwdiately after the Council/Local Contract Renew Board has toted on those items which do not need discussion 7:55 PM 5. . /1111I_l • . � �_ _ • e r _ir_. e. • Senator Burrlioe and Representatize Galizio will pmt de an update on the 2009 Legislatize Session at the April 14, 2009, City Council nxeling 8:10 PM 6. ANNUAL MEETING WITH TRIMET GENERAL MANAGER, FRED HANSEN • Staff Report: Community Development Department 8:35 PM 7. QUASI - JUDICIAL PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 2008 -00005 MONTAGE TOWNHOMES ANNEXATION REQUEST: A request to annex approximately 2.03 acres of property, plus right -of -way on SW Hall Blvd and SW 92' Avenue (.07- acres) to the City of Tigard. The subject 2.03 -acre property received land use approval from Washington County (WACO) under the County's TO: R-18-24 zone and subdivision standards on September 22, 2006 (WACO Case No.06- 266 -S /HRV /AMP). Site work for the subject property's 33 -lot subdivision is approximately 90% completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenburg Road; Washington County Tax Assessor's Map 1S126DB, Tax Lot 01100, plus Adjoining Right -of- Way. COUNTY ZONE: Transit Oriented Residential District, 18 -24 units per acre (TO:R18 -24). The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one -half mile of light rail transit stations, within one - quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed -uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR -2 (southern half of the property) is most similar to the County's TO:R 18 -24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222; and Metro Code Chapter 3.09. a. Open Public Hearing b. Hearing Procedure Statement - City Attorney c. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? - Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? TIGARD CITY COUNCIL /LCRB AGENDA— March 24, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 503- 639 -4171 I www.tigard-or.gov I Page 4 of 7 d. Staff Report: Community Development Department e. Public Testimony - Applicant - Proponents - Opponents - Rebuttal f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 09- 03 Council Member: I move for adoption of Ordinance No.09 -03 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the ordinance? City Recorder: ORDINANCE NO. 09-03 - AN ORDINANCE ANNEXING 2.10 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT OF WAY, APPROVING THE MONTAGE TOWNHOMES ANNEXATION (ZCA2008- 00005) AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRIC1' Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll -call vote of Council? City Recorder: Conducts a roll-call to record votes of City Council members. Mayor: Ordinance No. 09 -03 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note Tie -cotes = failure to pass. TIGARD CITY COUNCIL /LCRB AGENDA- March 24, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard-or.gov I Page 5 of 7 8:50 PM 8. QUASI - JUDICIAL PUBLIC HEARING - FIELDS COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT (CPA 2008 - 00008 /ZON 2008 - 00002) - CONTINUED FROM MARCH 10, 2009 REQUEST: The applicant is requesting amendments to the Comprehensive Plan and Zoning Maps to change the Comprehensive Plan Designation and Zoning Classification for one parcel (approximately 25 acres) from Light Industrial (I -L) to Medium High Density Residential (R-25). The parcel is located east of Hall Boulevard at the dead end of Wall Street. Surrounding properties are zoned I -L to the north and south, R-12 to the west, and I -P to the east across the railroad tracks. LOCATION: The site is vacant and has no address. It is located east of the Hall Boulevard and Wall Street intersection, east of Fanno Creek and west of the railroad tracks. Washington County Tax Assessor's Map 2S10100, Tax Lot 1200. ZONES: I -L: Light Industrial District. The I -L zoning district provides appropriate locations for general in dustrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. R -25: Medium High- Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single - family and multi - family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. COMPREHENSIVE PLAN DESIGNATION: Light Industrial to Medium -High Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390; Comprehensive Plan Goals 1, 2, 6, 7, 9, & 10 of the updated Comprehensive Plan, and Policies 3 and 8 of the previous Comprehensive Plan; Metro Functional Plan, Titles 3, 4, 7, and 13, and Statewide Planning Goals 1, 2, 5, 6, 7, 9, 10, 11, and 12. a. Open Public Hearing b. Hearing Procedure Statement - City Attorney c. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? - Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Department e. Public Testimony - Applicant - Proponents - Opponents - Rebuttal f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Deny or approve the Comprehensive Plan Amendment and Zoning Map Amendment. Give direction to staff regarding findings. TIGARD CITY COUNCIL /LCRB AGENDA- March 24, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard - or.gov I Page 6 of 7 9:20 PM 9. DISCUSS BUILDING DIVISION BUSINESS PLAN PROGRESS AND DIRECTION • Staff Report: Finance and Information Technology Department 9:45 PM 10. COUNCIL LIAISON REPORTS 9:50 PM 11. NON AGENDA ITEMS 12. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session maybe held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:55 PM 13. ADJOURNMENT I: \ADM\CAT'HY \CCA \2009 \090324.doc TIGARD CITY COUNCIL /LCRB AGENDA - March 24, 2009 City of Tigard .., I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 - ��- 4171 www.tigard or.gov I Page 7 of 7 City of Tigard tq k ®� Study Session — Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: March 24, 2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM STUDY SESSION ➢ Annual Review of Mayor's Regional Liaison Activities - Administration Department ➢ Discussion of Urban/Rural Reserves Planning and Growth Management Aspirations - Community Development Department ➢ Discuss City of Fairview Letter Regarding TriMet (letter is attached) Administrative Items: ➢ Fifth Tuesday Meeting at Tigard High School, March 31, 2009 cancelled. ➢ Joint meeting with Tigard - Tualatin School District and City of Tualatin at 6960 SW Sandburg, Tigard. Mayor Dirksen and City Manager Prosser will be absent. ➢ Joint Meeting with the City of Beaverton on April 7, City of Tigard hosting. Light dinner will be provided. ➢ Consult City Council for a 6 pm start of the City Council meeting to accommodate an Executive Session ➢ Determine who on the City Council can attend the 100 birthday party for Curtis Tigard, Saturday, April 25, 1 -4 pm in the Library Community Room ➢ Determine who could attend the 135 Anniversary of the Tigard Grange - Saturday, April 25, Noon -6 p.m. at the Tigard Grange (13770 SW Pacific Highway), BBQ lunch, presentations, Cub Scout demonstrations, square dancing club, Scottish country dancing, and more. Council Calendar. March 31 Tuesday Joint Meeting with TTSD School Board and Tualatin City Council - 6:30 p.m. - TTSD Board Room, 6960 SW Sandburg, Tigard, Oregon April 7 Tuesday Special Council Meeting - Joint Meeting with Beaverton City Council - 6:30 p.m., Town Hall 14" Tuesday Council Business Meeting - 6:30 pm, Town Hall 21* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 27 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 28* Tuesday Council Business Meeting - 6:30 pm, Town Hall TIGARD CITY COUNCIL STUDY SESSION AGENDA - MARCH 24, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is dosed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660 (2) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192 -660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment- related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) (j) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. I: \ ADM \Cath \CCA SS - Pink Sheet\ 2009 doe TIGARD CITY COUNCIL STUDY SESSION AGENDA — MARCH 24, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.rigard-or.gov Agenda Item # Study Session Meeting Date March 24, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title City of Tigard Growth and Development Aspirations — Urban•Rura1 Reserve Update Prepared By: Ron Bunch Dept Head Approval: City Mgr Approval: Cie ISSUE BEFORE THE COUNCIL Staff wishes to update Council about future City growth and development aspirations and expectations being expressed to Metro, Washington County, and other agencies. Staff wants to ensure the depiction of where and how much the City aspires /expects to grow is consistent with Council's direction and understanding. This matter addresses Council 2009, Goal 1, Implement the Comprehensive Plan: Develop a 50 -year aspirational goal in support of Urban /Rural Reserves Program. KEY FACTS AND INFORMATION SUMMARY Both Metro and Washington County have asked Washington County cities to express growth aspirations. Metro has asked cities to provide information regarding "What kind of cities do they want to become ?" Metro's question focuses on livability. Washington County, on the other hand, has requested cities to identify their "growth aspirations," the areas outside their current City boundaries where they aspire to grow. This "aspiration" effort is intended to help the County determine future urban reserves. As indicated, Metro's and the County's reasons to have this information are quite different. Staff, after consulting with Council, has responded to both agencies as follows. In reply to Metro's request, the City has stated its aspiration to increase urban densities in its Downtown, Washington Square, along Highway 99W, and in the Tigard Triangle. In addition, the City wishes to increase employment opportunities in its existing industrial and office park designations: The City also wants its low- density residential neighborhoods to retain their single - family land use designation. High capacity transit is essential to achieve these objectives. In response to Washington County's request, the City expressed its expectation that it will ultimately provide municipal services to 1) unincorporated areas within its Urban Services Area; 2) Urban Growth Areas 63 and 64, and that it will ultimately grow toward the Tualatin River and Vandermost Road, excluding areas King City has determined necessary for its future growth. The following numerical results have been estimated by staff of the City's aspiration to create new housing and employment opportunities inside the current City boundaries and the expectation that it will ultimately expand to include new lands. Tigard (30 -50 Year) Growth and Development Scenario New Housing Developed Inside Existing City 14,000 New Jobs Established Inside Existing 23,000 Boundaries (Aspiration) City Boundaries I: \CDADM \IERREE \Agenda Sum \3 -24-09 Growth Aspirations A1S.doc New Housing Developed on Lands Added to the 8,300 New Jobs Established on Lands Added 5,700 City Boundaries to the City Boundaries Total Estimated New Housing Units 22,300 Total Estimated New Jobs 28,700 OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 1: Implement the Comprehensive Plan: Develop a 50 -year aspirational goal in support of Urban /Rural Reserves Program ATTACHMENT LIST None FISCAL NOTES N/A I: \CDADM \)IRREE \Agenda Sum \3 -2409 Growth Aspirations AIS.doc R FAIRVIEW D isv a City of Fairview V (� Administration Office 7 9 0 8 2 0 0 8 PO Box 337 Q t 1300 NE Village Street Alt, g ` SS/or.. Fairview, Oregon 97024 3 • OR 7 • 0 1 (503) 665 -7929 411160 RECEIVED CENTENNIAL YEAR Mayor March 18 2009 MAR 2 0 2009 Mike Weatherby City of Tigard Administration City Council Craig Dirksen Barbara Jones Mayor Council President City of Tigard Position 2 13125 SW Hall Blvd Balwa nt Tigard, OR 97223 Ken Quinby Position 3 Steve Owen RE: Senate Bill 854 — TriMet Board of Directors Position 4 Lisa Barton Mullins Position 5 I am writing to inform you and your City Council about a proposed bill that is being Larry Cooper Position 6 sponsored by the City of Fairview during this current session. Senate Bill 854 proposes to change the process for selecting the Board of Directors for TriMet. As you are probably aware, the Oregon Governor is currently the individual that selects the members of the City Administrator board. Our sponsored bill would change to a system of directly - elected board members. Joseph Gall There are numerous reasons why our City believes this structural change is needed, but it can all be summarized by the word "Accountability". We've watched our transit agency Executive Assistant struggle with many challenges that they continue to face such as: Julia Bulfin • Safety issues along the growing MAX lines, especially in Gresham • Ongoing defective ticket machines at MAX stops • Reluctance to seriously consider going to a more closed system for MAX lines for passenger safety and increased fare revenue • Contractor selection problems with the new Westside Commuter System • Lack of communication with City of Portland and other jurisdictions during December winter storms TriMet is an $863 million organization covering 575 square miles of the urban area within the tri- county area. Decisions made by the Board of Directors for this critical public service affects thousands of our region's residents on a daily basis. In many areas, we believe that TriMet performs quite well and is a leader within public transit agencies around the United States. However, it is our belief that there is a lack of accountability to local government officials and residents in addressing the problems associated with operating a large public transit agency. While changing the method of selecting the Board will not solve all of these problems, we strongly believe that holding the board members accountable to their customers would provide a large step in the right direction. I have taken the liberty to include our proposed Senate Bill with this letter for your review and consideration. In addition, I have included our Council resolution for your City Council to consider supporting. I would be happy to discuss this proposed legislation with you, if necessary. I can be reached at 503.674.6212 during the daytime hours. Senate Bill 854 was introduced by our State Senator Laurie Monnes Anderson and was assigned to the Education and General Government Committee. This committee is chaired by Senator Mark Hass and correspondence in support or opposition to this bill can be sent to: Senator Mark Hass Chair, Education and General Government Committee 900 Court Street NE, S -419 Salem, Oregon 97301 Thank you for your time and attention to this matter. Sincerely, Mike Weatherby Mayor 75th OREGON LEGISLATIVE ASSEMBLY- -2009 Regular Session Senate Bill 854 Sponsored by Senator MONNES ANDERSON; Senator MORRISETTE SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Authorizes election of first board of directors of mass transit district. 1 A BILL FOR AN ACT 2 Relating to election of directors of mass transit district; creating new provisions; and amending ORS 3 267.090 and 267.095. 4 Be It Enacted by the People of the State of Oregon: 5 SECTION 1. ORS 267.090 is amended to read: 6 267.090. Except as provided in ORS 267.112: 7 [(1) Board members of a mass transit district may not be elected at the time of formation, but if a 8 district is formed, the Governor shall, within 60 days after receiving a certified copy of the formation 9 order, appoint from subdistricts the members of the first board of directors of the district, designate one 10 member as the temporary chairperson and fix the time and place of the organizational meeting.] 11 [(2)] (1) The board of directors of a mass transit district shall consist of seven members. One 12 director [shall be appointed] must be elected from each of seven subdistricts. [The Governor shall 13 appoint as one of the directors a person who regularly uses the services provided by a mass transit 14 system.] Directors shall reside in the subdistrict from which they are respectively [appointed] 15 elected. The subdistricts [shall] must be as nearly equal in population as possible based on the 16 latest federal census and [shall] must be designed to ensure representation of the most populous 17 city, other cities and unincorporated territory in the proposed district proportionate to their re- 18 spective populations provided that if less than the entire district is taxed by the district, the sub - 19 districts [shall] must be wholly within the taxed area. The district or, if the taxed area is less than 20 the entire district, the taxed area [shall] must be divided into subdistricts initially, and after each 21 succeeding federal census, by the Secretary of State. 22 [(3)] (2) Directors are elected as provided in ORS chapter 255. The term of office of a di- 23 rector is four years. [, but each director shall serve at the pleasure of the Governor. Before the expi- 24 ration of the term of a director, the director's successor shall be appointed. A director is eligible for 25 reappointment. In case of a vacancy for any cause, the Governor shall appoint a person to serve for the 26 unexpired term. A director whose term has expired shall continue to serve until the appointment of a 27 successor unless discharged by the Governor.] 28 (3) If the members of the first board of directors of a mass transit district created under 29 ORS 267.080 are not elected at the time of formation, the Governor shall, within 60 days after 30 receiving a certified copy of the formation order, appoint from subdistricts the members of 31 the first board of directors of the district, designate one member as the temporary chair - 32 person and fix the time and place of the organizational meeting. NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed) is existing law to be omitted. New sections are in boldfaced type. LC 2638 SB 854 1 (4) [All appointments] The appointment of members of the board by the Governor [are] under 2 subsection (3) of this section is subject to confirmation by the Senate pursuant to section 4, Ar- 3 tide III of the Oregon Constitution. 4 SECTION 2. ORS 267.095 is amended to read: 5 267.095. Except as provided in ORS 267.112: 6 (1) Notwithstanding the term of office specified in ORS 267.090, the terms of three of the di- 7 rectors of the first board of a mass transit district expire on the first Tuesday in the second Jan - 8 nary after the date of their election or appointment. 9 (2) The terms of four of the directors so elected or appointed expire on the first Tuesday in the 10 fourth January after the date of their election or appointment. 11 (3) The respective terms of the directors of the first board shall be determined: 12 (a) If elected, during the proceedings to create the district; or 13 (b) If appointed, by the Governor. 14 SECTION 3. The amendments to ORS 267.090 and 267.095 by sections 1 and 2 of this 2009 15 Act apply to a mass transit district created under ORS 267.080 on or after the effective date 16 of this 2009 Act. 17 [2] RESOLUTION (7 -2009) A RESOLUTION IN SUPPORT OF STATE LEGISLATION TO CHANGE THE SELECTION PROCESS FOR THE TRIMET BOARD OF DIRECTORS FROM APPOINTMENT BY THE GOVERNOR TO DIRECT ELECTION BY VOTERS WHEREAS, the Fairview City Council has identified a FY2008 -09 City Council goal to provide leadership in East County. A component of providing leadership is to actively seek improvements in government operations through the state legislative process; and WHEREAS, the Fairview City Council has observed Trimet, the regional transit agency, struggle with numerous challenges over the past few years, including public safety on MAX, contractor selection for the WES commuter rail system, defective ticket machines and poor coordination with cities during recent winter storms; and WHEREAS, the Fairview City Council believes that there has been a general lack of accountability and response by Trimet to its customers in dealing with these and other challenges; and WHEREAS, the Fairview City Council believes that the public services provided by Trimet are increasingly important to our region and that the Trimet Board of Directors will provide greater accountability and responsiveness to Trimet customers if the Board members are directly elected by the region's citizens, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRVIEW, AS FOLLOWS: SECTION ONE: The City Council supports the introduction of legislation to change the method of selecting the Board of Directors for Trimet; SECTION TWO: After the proposed legislation is introduced, Mayor Weatherby will request support through correspondence from the jurisdictions within the Trimet service district; and SECTION THREE: That this resolution is and shall be effective after its passage by the City Council. Resolution adopted by the City Council of the City of Fairview, this 4th day of February, 2009. Mayor, City of Fairvie _ Mike Weatherby {00022805; 1 ) ATTEST _ / f Re :rd , City if Fairview J.. / eph Gall 1 I I � 1 (00022805; 1 ) eUi ( cx L� '77L U")' 3/24/09 Study Session Item: Annual Review of Mayor's Regional Liaison Activities It's been five months since I began being funded to devote half my time to City business. The goal of having me serve half time is to allow me to become more active in the local political scene at the regional and state level, primarily with regard to issues surrounding transportation and transportation funding. At the time, it was my assumption that it would take at least a couple of months for me to determine the appropriate actions to take and discover how best to integrate myself into a regional political process that is complex, well established, and very competitive. However, coincidental with our decision to try this experiment, Mayor Tom Hughes of Hillsboro and Mayor Rob Drake of Beaverton retired, and this created what Councilor Wilson called, "a leadership vacuum that we can step into." This helped lead to my being appointed to Metro's Joint Policy Advisory Council for Transportation QPACT), representing the cites of Washington County. Along with my previous involvement in MPAC (Metropolitan Policy Advisory Committee), this has helped me more quickly become involved in matters of regional significance. At regional meetings, I am known and welcomed and everyone is becoming aware of Tigard's issues. At the state level, increased time has allowed me to cultivate a closer relationship with our State Legislators, Senator Ginny Burdick and Representative Larry Galizio. It was also instrumental, I think, to my appointment to the Governor's Transportation Task Force which built the foundation for the transportation funding bill that is currently being considered by the legislature. And last week it was confirmed that I will be a member of a new task force being created by the League of Oregon Cities on City /State Relations. After our first meeting next month, I will be coming back to Council with some ideas for issues to raise in that venue. Time wise, some days and weeks are very busy, while others are less so. As time goes by, I am better able to judge which meetings and events are most valuable, and can more efficiently manage my time. I am convinced that I will be able to increase my involvement in other areas as well. For instance, if allowed to continue in my current mode, I think it would be beneficial for me to pursue a position on the board of the League of Oregon Cities and consider becoming more involved in the Oregon Mayors Association. A side benefit that I don't think we had considered is my ability to be more involved with the local community; whether it be the Chamber, business and property owners, schools, or other events. For instance, last month I taught three government classes at Tigard High School, and last week I was able to attend a DARE class graduation at Durham Elementary School. While we have already seen some small direct benefits and increased influence at the regional level and our voice is beginning to be heard (and more importantly, listened to), at the state level, I believe we are just beginning to see the potential value of this effort. I think it will take time, perhaps even years (or state budget cycles, if you look at it that way) before we will see the true impact of this decision. ---- D2nri . 6 <,,,a,„,,,,,-, 64u- - ss,zrn 3)a j i o g City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 March 17, 2009 V IY 4, LT M Joshua Alpert K I�C "r r � v The Trust for Public Land rKk " °'` 806 SW Broadway, Suite 300 Portland, OR 97205 Dear Joshua: By this letter, the Tigard City Council officially requests technical advice and assistance from your organization in connection with our efforts to develop a program to finance land conservation. As part of your advice and assistance, I understand you will conduct polling and research, as well as identify alternatives. We are interested not only in the factual information that you can provide to us, but also your organization's opinions and recommendations on public funding measures available to us. That would include understanding Tigard residents' priorities and attitudes regarding land conservation and methods to achieve it. Although your submissions will be directed to my attention, I understand that your responses to this request will be for the general use of the City Council and the public. If you foresee that there will be city costs associated with this research, please be aware that no work may be performed without approval under the city's purchasing rules. This request relates to any advice you offer or presentations you submit for the use of this Council related to such matters. In addition, we would like to take this opportunity to request z that you continue to be available to provide technical advice and assistance in this area and on related matters in the future. Thank you for your organization's contribution to the work of the City of Tigard. Sincere > Craig F' City Manager � tY er g City of Tigard Phone: 503.639.4171 • Fax: 503.684.7297 . • www.tigard- or.gov • TTY Relay: 503.684.2772 AGENDA ITEM NO.3 - CITIZEN COMMUNICATION DATE: March 24, 2009 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address l7 City �l State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION Agenda Item # Meeting Date March 24, 2009 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon . Issue /Agenda Title Receive and File Annual Solid Waste Final ial Report Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY Receive and file the annual solid waste financial report findings. STAFF RECOMMENDATION Receive and file the annual solid waste financial report findings. KEY FACTS AND INFORMATION SUMMARY • The City of Tigard has two franchised solid waste haulers, Pride Disposal Company and Waste Management Incorporated. • Every March these haulers provide the City with financial reports for the preceding year as required by Tigard Municipal Code Chapter 11.04.090. • Staff then reviews the reports in accordance with the Annual Haulers' Financial Report Review Procedure found in Resolution No. 01 -54 -A. This Resolution: - Sets an aggregate target profit rate of 10 percent annually for the solid waste haulers. - Automatically triggers a solid waste rate adjustment when the aggregate profit rate falls below 8 percent or exceeds 12 percent. • Staff has determined the aggregate profit rate for 2008 was 11.07 percent. • In accordance with Resolution No. 01 -54 -A, no solid waste adjustments are warranted at this time. OTHER ALTERNATIVES CONSIDERED The annual solid waste financial report findings are required by Tigard Municipal Code. The Council would need to provide staff with direction in the event it wishes to take some sort of action other than receiving and filing these findings. CITY COUNCIL GOALS None ATTACHMENT LIST 1. Aggregate Franchised Solid Waste Hauler Financial Report 2. Resolution No. 01 -54 -A Fiscal NOTES There are no costs associated with this agenda item. The City expects to receive $352,810 in solid waste franchise fees for FY '08 -'09. Attachment 1 City of Tigard Franchised Solid Waste Haulers Financial Reports For Year ended December 31, 2008 (Aggregate Report) Direct Calendar Labor Year 2008 Hours Indirect Cost Total Indirect Costs $1,278,832 Drop Boxes Operating Revenue $2,167,997 Operating Costs $2,294,938 9,260 $289,885 Net Income ($126,941) - 5.86% Can /Cart Services Operating Revenue Residential $3,216,795 Multi- Family $11,892 Commercial $142,157 Operating Costs $1,673,271 7,466 $227,113 Net Income $1,697,573 50.36% Container Services Operating Revenue Residential $31,975 Multi - Family $695,723 Commercial $2,673,651 Operating Costs $2,143,658 8,264 $261,744 Net Income $1,257,691 36.98% Reycling Services Operating Revenue Residential $1,538 Multi- Family $139 Commercial $1,556 Bin /Cart Recycling $77,979 Container Recycling $95,757 Operating Costs $1,652,292 12,987 $409,598 Net Income (1.475,323) - 849.18% Yard Debris Operating Revenue $14,073 Operating Costs $372,544 2,873 $90,492 Net Income ($358,471) -2547% Medical Waste Operating Revenue $3,320 Operating Costs $0 Net Income $3,320 100% Consolidated Net Income $997,849 Other Revenue 11,207 Other Costs 0 Adjustment to allowable Costs 3,708 Grand Total Net Income $1,012,764 Total Revenues $9,145,759 40,850 $1,278,832 Profit Percentage 11.07% Attachment 2 CITY OF TIGARD, OREGON RESOLUTION NO. 01-514 A- A RESOLUTION OF THE TIGARD CITY COUNCIL FORMALIZING COUNCIL POLICIES AFFECTING SOLID WASTE RATE ACTIONS AND RESCINDING RESOLUTION NO. 96-03 WHEREAS, the Tigard City Council desires to manage solid waste rates in a manner which is consistent with the Solid Waste Management Ordinance (TMC 11.04); and WHEREAS, the Solid Waste Industry and recycling programs and markets continue to rapidly change; and WHEREAS, the Solid Waste Industry is being forced to change by multiple court challenges region -wide which question continuing the past rate practice of commercial rates subsidizing the residential service rates; and WHEREAS, the Tigard City Council wishes to update its established policies for solid waste management to insure rates that are just, fair, reasonable and adequate to provide ongoing necessary service to the public; and WHEREAS, the Tigard City Council desires to rescind Resolution No. 96 -03 and adopt updated policies to meet the challenges faced in providing solid waste services for the citizens of Tigard. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby rescinds Resolution No. 96 -03 in its entirety. SECTION 2: The Tigard City Council will use the following policy when it reviews any changes to the solid waste rates in an effort to reduce the commercial subsidy of residential service rates and move to rates that are based on cost of service over a period of time: SERVICE -TYPE RATE SUBSIDY POLICY It is the desire of the Tigard City Council to eventually have solid waste rates be profitable by each service type (i.e., cart, container, drop box). Since there currently exists a commercial (container) subsidy of the residential (cart) rates and drop box rates, a phased -in reduction of the subsidy is anticipated within the next seven years. The subsidy will be reduced at increments acceptable to the City Council. SECTION 3: The Finance Director, or designee, will use the following policy when computing the solid waste haulers' rate of return: OPERATING MARGIN/RATE OF RETURN POLICY The Operating Margin, or rate of return, will be calculated on the before tax net profit as a percentage of gross revenue. The "profit rate" review will be based on the aggregate pre -tax net income as a percentage of the aggregate gross revenues of the franchised haulers. The City Council shall consider an adjustment during rate review proceedings to provide a ten percent (10 %) margin in the aggregate. RESOLUTION NO. 01 -5 4 -A-- Page 1 Loreen \I: \CITYWIDE\RISK ManSolid Waste \Council Action items \Council Solid Waste Policies Res.doc • SECTION 4: ANNUAL HAULERS' FINANCIAL REPORT REVIEW PROCEDURE The Finance Director, or designee, will review the solid waste haulers' annual fmancial • reports and gather any clarifications deemed necessary from the haulers or their designated representatives each year. After being satisfied that the reports are complete and properly filled out in accordance with the instructions provided, the Finance • Director, or designee, will determine the "profit rate" by the aggregate pre -tax net income of the haulers as a percentage of aggregate gross revenues. The Finance Director, or designee, will then report the results to the City Manager, the • Mayor and City Council. If the aggregate profit rate falls below eight percent (8 %) the City Council shall consider an adjustment to provide a ten percent (10 %) margin. If the aggregate profit rate exceeds twelve percent (12 %), the City Council shall consider an adjustment downward to provide a ten percent (10 %) margin. EFFECTIVE DATE: This resolution will be effective on and after October 1, 2001. PASSED: This ' day o 2001. ( L /4� / Iv" M yor - ( ity o Ti =f Al 1'ES'1': City Recorder - City of Tig. d 4 RESOLUTION NO. ' f Page 2 Loreen\l: \CITYWIDE\RISK MGI\Solid Waste \Council Action [terns \Council Solid Waste Policies Res.doc Agenda Item # Meeting Date March 24, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Council Establishment of a Transportation Advisory Committee (TAC) • Prepared By: Ron Bunch Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL • Shall Council establish a standing Transportation Advisory Committee and assign to it specific roles and responsibilities? COUNCIL GOALS: There are no applicable Council 2009 Goals. STAFF RECOMMENDATION Staff recommends that Council adopt a resolution to 1) Establish a Transportation Advisory Committee; and 2) adopt bylaws assigning specific responsibilities, defining its structure, operations, and membership. KEY FACTS AND INFORMATION SUMMARY Council has considered this matter twice previously and staff was directed on January 20, 2009, to bring to Council for consideration TAC draft bylaws and enacting resolutions. OTHER ALTERNATIVES CONSIDERED Council's options are to: • Not establish a Transportation Advisory Committee; • Delay establishing a Transportation Advisory Committee; or • Direct staff to amend proposed bylaws and /or resolutions for Council's consideration at a later date. COMPREHENSIVE PLAN GOALS Goal 1.1 Provide citizens, affected agencies, and jurisdictions the opportunity to participate in all phases of the planning process; and Goal 1.2 Ensure own citizens have access to: A) Opportunities to communicate directly to the City. l: \C1AIM \RON \City Council Material \3 -24-09 AIS re'1'AC.doc 1 ATTACHMENT LIST Material below was sent out in Council Friday Mail: Attachments: 1. Resolution Establishing a TAC and adopting bylaws 2. TAC bylaws 3. January 20, 2009 Council Agenda Item Summary (AIS) — Further Council Discussion Of Establishing a Transportation Advisory Committee (TAG) 4. Relevant Council Minutes of January 20, 2008 FISCAL NOTES N/A 1: \CDADM \RON \City Council Material \3 -24-09 AIS re TAC.doc 2 ATTACHMENT 3 • 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. C: \Documents and Settings \ron \Local Settings \Temporary Internet Files \Content.outlook\ P I E2 1 PV 9 \ 1 - 2 0 - 0 9 AIS Further Discussion re TAC.docx 1 ATTACHMENT 4 Mayor Dirksen asked Council for a recommendation on how they should move forward. Council President Wilson suggested continuing to monitor the problem and address it again if the situation degrades in the future. Mayor Dirksen asked Code Enforcement Officer Darnell to coordinate with the NW Grocers Association as necessary. She said she would also like to put some information on the City's website and create a brochure encouraging people to utilize the service. 8. ESTABLISHMENT OF A CITY TRANSPORTATION ADVISORY COMMI I - I EE 8:54:42 PM Community Development Director Bunch said Council directed staff on October 28, 2008 to bring information on roles and responsibilities for a transportation advisory committee. He said there was also a question about how such a committee would relate to the Planning Commission. Staff reviewed several charge statements from transportation committees throughout the region. Mr. Bunch referred Council to Page 1 of Attachment 1 — (Proposed By -Laws) saying that the committee is charged with advising Council and staff regarding planning and development of a comprehensive transportation network for the City of Tigard. Mr. Bunch said the word "multi- modal" is important to use in a list of charges so that various forms of transportation don't have to be separately listed each time. He noted that transportation financing and capital investment programs are mentioned which reflects that the City has utilized a transportation finance committee more than once in the past. He said public engagement in transportation matters is important. Law enforcement and traffic safety elements could also be a part of a Transportation Advisory Committee if Council wishes. He said working in a coordination role with other Boards and Committees such as the Park and Recreation Board, Planning Commission and the Budget Committee. Staffing impacts would be primarily to the Engineering Department, along with Long Range Planning. Councilor Buehner she said those being interviewed recently for the reconstituted Transportation Financing Strategies Task Force were asked if they would consider serving on a permanent transportation committee and they were amenable to that. She said that if Council decides to move ahead with this it would be a fairly smooth transition. Council President Wilson asked what the difference is between a committee and commission, noting both terms are used in the proposed by -laws. He said, "Our Planning Commission makes some decisions. To what degree would a transportation committee be allowed to ?" City Attorney Ramis said, "Either one has only the authority you give them." Community Development Director Bunch clarified that Planning Commissions are given authority by State statute and are considered a quasi - judicial body. He said regarding transportation matters there is no such state grant of authority. Mayor Dirksen asked if by avoiding land use issues, the group would be precluded from testifying regarding transportation impacts. City Attorney Ramis said, "As this document is drafted, they could testify as individuals, but as a group they could not." Mr. Ramis noted that if a committee is formed as an advisory committee to the Planning Commission, you in effect create another procedure that neighbors, supporters, and applicants have to go through in order to get the recommendation to the body that is making the decision. Mayor Dirksen asked Council for direction. He said that folding a lot of the transportation functions into one committee would create a more uniform transportation effort for Tigard. . Community Development Director Bunch asked Council when they want to form this committee. 9:08:57 PM Mayor Dirksen's direction would be to move forward with creating this committee and there may be members of existing committees that want to be on this advisory committee or a subcommittee working underneath it. TIGARD CITY COUNCIL MINUTES - 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 10 of 11 Agenda Item # L` 3 Meeting Date March 24, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title: Approval of a Continuing Control Agreement with TriMet for Operation of Commuter Rail Within the City of Tigard Prepared By: A. P. Duen Dept Head Okay City Mgr Okay (P ISSUE BEFORE THE COUNCIL Council will consider approving an agreement with TriMet, which allows TriMet to operate and maintain the commuter rail service within the City of Tigard's public right -of -way. STAFF RECOMMENDATION That Council pass the attached resolution approving the agreement with TriMet and authorizing the City Manager to execute the agreement documents. KEY FACTS AND INFORMATION SUMMARY To operate and maintain the Westside Express Service (WES) within the City of Tigard, TriMet needs to have an agreement with the City for continuing control over the WES alignment and real property located in the City. This agreement is necessary to satisfy the requirement of the Federal Transit Administration (FTA) for continuing control as set forth in 49 U.S.0 § 5307 (d)(1)(B). The continuing control agreement allows TriMet to operate and maintain commuter rail service using structures and facilities provided for that purpose and installed on City- controlled property. It establishes the obligations of both parties in ensuring the continuing operation of that service. The attached resolution approves the agreement and authorizes the City Manager to sign the agreement documents. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS "Pursue opportunities to reduce traffic congestion in Tigard." ATTACHMENT LIST 1. Resolution approving the Continuing Control Agreement and authorizing the City Manager to sign the agreement documents • 2. Continuing Control Agreement with TriMet with Exhibit 1 showing the Commuter Rail alignment and the portion within the City of Tigard covered by the agreement FISCAL NOTES There are no costs associated with the approval of this agreement. \eng \gus \council agenda summaries \ 2009 \ 3-24-09 continuing control agreement with trimet for commuter rail operation ais.doc Agenda Item # t. t Meeting Date March 24, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Appointment to the City Center Advisory Commission Prepared By: Ron Bunch Dept Head Approval: City Mgr Approval: V` ISSUE BEFORE THE COUNCIL Should the Council appoint Alexander Craghead to the City Center Advisory Commission (CCAC) to fill the unexpired term of former Commissioner Lily Tilly? STAFF RECOMMENDATION Adopt the attached Resolution appointing Alexander Craghead to the CCAC to fill the unexpired term of former Commissioner Lily Lilly. KEY FACTS AND INFORMATION SUMMARY Commissioner Lily Lilly was appointed to the CCAC to serve a term which expires on December 31, 2009. The CCAC bylaws require Commissioners to be residents of Tigard or own businesses or property within the City Center Urban Renewal District. Commissioner Lilly has now moved from Tigard and is no longer eligible to serve on the Commission. Alexander Craghead is currently serving as an alternate on the CCAC and would be able to fill the vacant position as a voting member until the term expires on December 31, 2009. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Resolution appointing Alexander Craghead to the CCAC, filling the unexpired term of former Commissioner Lily Lilly. FISCAL NOTES N/A Agenda Item # 7 S Meeting Date March 24, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Approve and authorize the City Manager to sign an Intergovernmental Agreement (IGA) with the Tigard - Tualatin School District for the City of Tigard's participation in the Safe Schools Grant Program Prepared By: Chief Bill Dickinson Dept Head Approval: 4."4.4.19 I9 City Mgr Approval: a ISSUE BEFORE THE COUNCIL Shall City Council approve and authorize the City Manager to sign an Intergovernmental Agreement (IGA) with the Tigard - Tualatin School District. STAFF RECOMMENDATION Staff recommends that the City Council approve and give the City Manager approval to sign the IGA. KEY FACTS AND INFORMATION SUMMARY In the spring of 2008, the Tigard - Tualatin School District applied for a Federal Safe Schools Grant. The Tigard Police Department participated in the grant process as one of many mandatory partners. The Tigard Police will provide an after school youth program at Fowler Middle School. The after school youth program will be modeled after a similar program at Twality Middle School. The Tigard Police Department will receive $61,702 to offset expenses for providing an after school youth program at Fowler Middle School. If approved by the Council, the Police Department would enter into a five year commitment with the Tigard - Tualatin School District to provide the after school youth program, renewable each year. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS • N/A ATTACHMENT LIST Safe Schools /Healthy Students Intergovernmental Agreement FISCAL NOTES The City will be reimbursed for the services provided under the terms of the IGA. Agenda Item # 4/, Meeting Date March 24, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Authorize the City Manager to Sign an Intergovernmental Agreement (IGA) with the City of Gervais Providing a lieutenant to be Interim Police Chief Prepared By: Chief Bill Dickinson Dept Head Approval: 1/ 1 - 444/ P City Mgr Approval: V` ISSUE BEFORE THE COUNCIL Should the City Council authorize the City Manager to sign an IGA with the City of Gervais, Oregon providing a Lieutenant to serve as the Interim Police Chief for the City of Gervais? STAFF RECOMMENDATION Authorize the City Manager to sign the IGA. KEY FACTS AND INFORMATION SUMMARY The Tigard Police Department was approached by the City Manager of Gervais for assistance during the recruitment of a new Police Chief. The City of Gervais expects to complete their recruitment process within the next 90 or so days. It is a small department and needs experienced help during this time to guide the small unit. This also provides an opportunity for a Tigard Lieutenant to serve in this command position and gain some experience as a Police Chief. This will be a hands -on training for a Tigard Lieutenant. The City of Gervais will be reimbursing the City for the salary expenses that are incurred during this time. This is estimated to be approximately $23,400. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Intergovernmental Agreement, with Exhibit A FISCAL NOTES The City of Tigard would receive approximately $23,400 to offset the expenses incurred. Agenda Item # 4- 1 Meeting Date March 24, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Greenway Trail Master Plan TGM Grant Proposal ___45.....____ Prepared By: Duane Roberts Dept Head Approval: C ity Mgr Approval: ( ISSUE BEFORE THE COUNCIL Shall Council approve a resolution authorizing the submittal of a Transportation and Growth Management (TGM) grant application for a Greenway Trail Master Plan? The project will fulfill Council Goal No. 1 "Implement the Comprehensive Plan." STAFF RECOMMENDATION Staff recommends Council approve the resolution authorizing submittal of the grant proposal. KEY FACTS AND INFORMATION SUMMARY The TGM Program is a joint program of the Oregon Department of Transportation and the Department of Land Conservation and Development. Up to $2.5 million will be available for grants to local jurisdictions during the 2010 funding cycle for transportation and land use planning activities. Eligible transportation planning activities include, "planning for transportation facilities that result in a balanced, multi -modal system that addresses and accommodates a range of transportation needs, including bicycle /pedestrian pathways." The Greenway Trail Master Plan project is one of two projects identified by staff as meeting TGM eligibility requirements and also as carrying out Council Goals. The other is a HWY 99W High Capacity Transit Study. The HWY 99W project is the subject of a separate agenda item scheduled for the 3/24/09 Council meeting. The project is the City of Tigard's first -ever Greenway Trail Master Plan. The plan will be developed with extensive public participation and will result in a detailed action plan to improve bicycle and pedestrian mode share by further enhancing off -street opportunities for walking, bicycling, and accessing transit stops. In addition to a long list of trail- specific questions, the following general questions will be asked and answered in the course of the study: • What are the long range improvements desired for each trail? • What is the appropriate surface for the trail system? • Does the trail system need trail heads and where should they be located? What facilities should they include? One reason the project is timely is that it will address one of the Recommended Action Measures included in the newly- adopted Comprehensive Plan. This measure calls for the City to "complete a trail master plan to guide the development of the trail system and facilitate progress toward its completion." I: \LRPLN \Council Materials \2009 \3 -24-09 AIS Greenway Trail Master Plan TGM Grant Proposal.doc 1 The project will complement the new Neighborhood Trail and Park System Master Plans. Each of these is now nearing completion. The results of the Greenway Trail Plan will be adopted as an integral part of the updated Transportation System Plan (TSP), scheduled for early 2010 review and adoption, as will the facility improvements identified in the Neighborhood Trail and Park System Master Plans. The pathway plan will be prepared by a consultant hired by the City through a competitive process, and will include extensive public participation. The grant request of $50,000.00 will be used to pay for the consultant. A proposed local match of $9,000.00 will be in the form of staff time and materials, with no City cash required. Finance Department review of the grant application has been completed. OTHER ALTERNATIVES CONSIDERED None considered. CITY COUNCIL GOALS Council Goal No. 1: Implementation of the Comprehensive Plan. ATTACHMENT LIST Attachment 1: Resolution authorizing the submittal of a Transportation Growth Management Grant Proposal to finance a Greenway Trail Master Plan FISCAL NOTES The estimated cost of the project is $109,000.00. The proposed grant request is $92,000.00. The remaining $17,000.00 will be a local in -kind contribution of City staff time No hard matching dollars are proposed. If selected for funding, the grant dollars would be available in FY 2009 -11. The project funds would stay in ODOT's budget and the grant would be administered by ODOT, rather than the City. • I: \LRPLN \Council Materials \2009 \3 -24-09 AIS Greenway Trail Master Plan TGM Grant Proposal.doc 2 Agenda Item # Meeting Date March 24, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon ISSUE /AGENDA TI"ILE Resolution supporting the submittal of a TGM grant application by Metro to complete a High Capacity Transit corridor land use plan for Highway 99W Prepared By: Sean Farrelly Dept Head Approval: gaf City Mgr Approval: 6 ISSUE BEFORE THE COUNCIL Should the City Council approve a resolution endorsing Metro's application for a State Transportation Growth Management (TGM) grant to complete a High Capacity Transit corridor land use plan for the Highway 99W corridor in Tigard? STAFF RECOMMENDATION Approval of the attached resolution supporting the goals of the project and endorsing the application submittal. KEY FACTS AND INFORMATION SUMMARY 1. Metro is currently undertaking a High Capacity Transit corridor plan, and the Highway 99W corridor is one of the 15 corridors being assessed. 2. On March 13, 2009, Metro submitted an application for a TGM grant for $189,345 to complete a High Capacity Transit corridor land use plan for Highway 99W. This is the only corridor of the 15 that Metro has decided to partner with the local jurisdiction and submit a TGM grant application for. 3. High capacity transit in the Hwy 99W corridor is the subject of three Council goals. 4. If the application is successful, the resulting corridor land use plan would be a major step in the process of updating the zoning map and development code to allow high capacity transit supportive land uses in the corridor. 5. While Metro would be the manager of the project, Tigard staff will work closely with local stakeholders, Metro staff, and the consultants. The TGM Program is a joint program of the Oregon Department of Transportation (ODOT) and the Oregon Department of Land Conservation and Development (DLCD). It is funded with Federal and State funds. For the last 14 years the TGM program has provided resources to help Oregon communities prepare transportation and land use plans to respond to pressing transportation - related growth management issues. In May, 2009, successful applicants will receive notice of a grant offer. The successful applicant and a TGM grant manager will prepare a statement of work, select a consultant (as appropriate), and complete an intergovernmental agreement by a negotiated deadline. Grantees are responsible for providing a match of 11% or more of the total cost of the project. In this case, the match will be in the form of staff time and materials. The TGM grant application calls for applicants and their partners to submit resolutions and letters from local officials that show support for the goals of the project that the grant will fund. The deadline for this submittal is April 1, 2009. OTHER ALTERNATIVES CONSIDERED Do not support Metro's grant application. CITY COUNCIL GOALS 2009 Goals: 1(c) Continue to lobby for light rail in 99W Corridor 5 -Year Goal: Obtain 99W designation as the next Light Rail Corridor Long Term Goal: Seek to improve Highway 99W corridor (land use, alternative routes, traffic, etc.) ATTACHMENT LIST Attachment 1: Resolution supporting Metro's application for a State Transportation Growth Management grant to complete a High Capacity Transit corridor land use plan for the Highway 99W corridor in Tigard FISCAL NOTES Metro's proposed grant request is for $189,345. There is a required City match of 11 %, which will be provided through in -kind contribution of staff time and materials for the duration of the project. 0 Agenda Item No. ' I Meeting of 'Marc k 9, 02O ' ? COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Age a Title LCRB - Award Insurance Agent of Record Contract Prepared !: . M Dead Approval: City Mgr Approval: CrP ISSUE BEFORE THE COUNCIL Should City Council award a contract to Beecher Carlson for Insurance Agent of Record services? STAFF RECOMMENDATION Motion to authorize City staff to enter into a five -year contract with Beecher Carlson Insurance Agency LLC for Insurance Agent of Record services and authorize contract signature by the City Manager. KEY FACTS AND INFORMATION SUMMARY The City received one proposal for Agent of Record which was from Beecher Carlson Insurance Agency LLC, our current Agent (formerly known as JBL &K). They have served the City well since 1995, provided excellent access to the insurance market place, and have strong public sector expertise to assist the City in addressing its liability exposures and reducing the exposures through implementation of various risk techniques including the purchase of insurance. These services will be provided for $5,000 less under this bid than we are currently paying. This has happened through the willingness of Beecher Carlson to provide services for a flat fee rather than by accepting commissions from the City's insurance carriers. Even with a 2% annual escalation clause, the City will pay less for these services at the end of the 5 - year contract period than we are paying in this current fiscal year. Staff recommends awarding the contract to Beecher Carlson. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST The contract for personal services including the 2009 service calendar is attached. FISCAL NOTES The fee arrangement with Beecher Carlson is reduced by $5,000 this next year with the change to an annual fee for service rather than through the standard commissions paid by the insurance carriers. The agent commission rate is typically 10% of the insurance premium. During this fiscal year, the City has paid $38,000 in commissions. This contract with an annual fee of $33,000 will save the City $5,000 the first year of the contract. Each of the following four years of the contract, this rate will increase 2% per year. At the end of the 5 -year contract, the City will still be paying less for Agent services than we paid in FY 08/09. CITY OF TIGARD, OREGON PERSONAL SERVICES CONTRACT INSURANCE AGENT OF RECORD THIS AGREEMENT made and entered into this 16 day of March, 2009 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and (Agent's Name), hereinafter called Agent. RECITALS WHEREAS City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Agent, and WHEREAS City has determined that Agent is qualified and capable of performing the professional services as City does hereinafter require, under those terms and conditions set forth, THEREFORE the Parties agree as follows: 1. SERVICES TO BE PROVIDED Agent shall initiate services immediately upon receipt of City's notice to proceed, together with an executed copy of this Agreement. Agent agrees to complete work that is detailed in Exhibit A and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on March 16, 2014. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Agent not to exceed Thirty Three Thousand Dollars ($33,000) annually for performance of those services described herein for the first year of the contract. Each subsequent year of the contract beginning July 1, 2010, fee for service will be calculated by adding an annual escalator of two percent (2 %) for each of the following years during which the contract is in effect. Payment shall be based upon the following applicable terms: A. Payment by City to Agent for performance of services under this Agreement includes all expenses incurred by Agent, with the exception of expenses, if any identified in this Agreement as separately reimbursable. B. Payment will be made annually based on Agent's invoice of July 1st, subject to the approval of the City Manager, or designee. C. Payment by City shall release City from any further obligation for payment to Agent, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. D. Agent shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. E. Agent shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Agent shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. If Agent fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Agent or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the Agent. The payment of the claim in this manner shall not relieve Agent or their surety from obligation with respect to any unpaid claims. H. Agent shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. I. Agent shall promptly, as due, make payment to any person, co- partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of Agent or all sums which Agent agrees to pay for such services and all moneys and sums which Agent collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. J. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 4. OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be entitled to possession of any and all work products of Agent which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by Agent prior to termination of this Agreement by Agent or upon completion of the work pursuant to this Agreement. 5. ASSIGNMENT /DELEGATION Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Agent shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. STATUS OF AGENT AS INDEPENDENT CONTRACTOR Agent certifies that: A. Agent acknowledges that for all purposes related to this Agreement, Agent is and shall be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Agent is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Agent under the terms of this Agreement, to the full extent of any benefits or other remuneration Agent receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Agent or to a third party) as a result of said finding. B. The undersigned Agent hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Agent, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds, Agent certifies that he /she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. Agent and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. C. Agent certifies that it currently has a City business license or will obtain one prior to delivering services under this Agreement. D. Agent is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. INDEMNIFICATION City has relied upon the professional ability and training of Agent as a material inducement to enter into this Agreement. Agent warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a Agent's work by City shall not operate as a waiver or release. Agent agrees to indemnify and defend the City, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 8. INSURANCE Agent and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Agent's activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Agent and its subcontractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Agent shall obtain, at Agent's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 2,000,000 Products - Completed Operations Aggregate 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 B. Professional Liability Agent shall obtain, at Agent's expense, and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts. Combined single limit per occurrence shall not be less than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than $2,000,000. C. Commercial Automobile Insurance Agent shall also obtain, at Agent's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non - owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. D. Workers' Compensation Insurance The Agent, its subcontractors, if any, and all employers providing work, labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. Out -of -state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Agents who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $1,000,000 each accident. E. Additional Insured Provision The Commercial General Liability Insurance and Commercial Automobile Insurance policies and other policies the City deems necessary shall include the City, its officers, directors, and employees as additional insureds with respect to this contract. F. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. G. Insurance Carrier Rating Coverages provided by the Agent must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. H. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Agent shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Agent is not an officer, employee or agent of the City as those terms are used in ORS 30.265. J. Primary Coverage Clarification The parties agree that Agent's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. K. Cross - Liability Clause A cross - liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution and errors and omissions policies required by this contract. Agent's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: Loreen Mills, Asst. to the City Manager City of Tigard Business Phone: 503 - 718 -2417 13125 SW Hall Blvd. Business Fax: 503 - 684 -7297 Tigard, Oregon 97223 Email Address: loreen@tigard -or.us Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit Agent's liability hereunder. Notwithstanding said insurance, Agent shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 9. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS All notices, bills and payments shall be made in writing and may be given by personal delivery, mail or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices, bills, payments, and other information: City Agent City of Tigard Beecher Carlson Insurance Agency LLC Attn: Loreen Mills, Assistant to the Attn: Ron Cutter, City Manager 13125 SW Hall Blvd., Tigard, Oregon 220 NW Second Avenue, Suite 800, 97223 Portland, Oregon 97209 Phone: 503 - 718 -2417 Phone: 503- 222 -1831 Fax: 503 - 684 -7297 Fax: 503 - 274 -0323 Email Address: loreen@tigard- or.gov Email Address: ron.cutter @beechercarlson.com and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 10. MERGER This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 11. PROFESSIONAL SERVICES The City requires that services provided pursuant to this agreement shall be provided to the City by an Agent that does not represent clients on matters contrary to City interests. Further, Agent shall not engage services of an attorney and /or other professional who individually, or through members of his /her same firm, represents clients on matters contrary to City interests. Should the Agent represent clients on matters contrary to City interests or engage the services on an attorney and /or other professional who individually, or through members of his /her same firm, represents clients on matters contrary to City interests, Agent shall consult with the appropriate CITY representative regarding the conflict. After such consultation, the Agent shall have 45 days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 13 (B) (3) of this agreement. 12. TERMINATION WITHOUT CAUSE At any time and without cause, either party shall have the right to terminate this Agreement by giving 90 days written notice to the other party. If City terminates the contract pursuant to this paragraph, it shall pay Agent for services rendered to the date of termination. 13. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Agent, or at such later date as may be established by City, under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds 2) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Agent, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked, or not renewed. 4) If Agent becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Agent, if a receiver or trustee is appointed for Agent, or if there is an assignment for the benefit of creditors of Agent. Any such termination of this agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Agent, may terminate the whole or any part of this Agreement: 1) If Agent fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) If Agent fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. 3) If Agent fails to eliminate a conflict as described in Section 11 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Agent shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (b), Agent shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Agent bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by City due to breach of contract by Agent. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 14. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Agent as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 15. FORCE MAJEURE Neither City nor Agent shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area -wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. NON - WAIVER The failure of City to insist upon or enforce strict performance by Agent of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 17. NON - DISCRIMINATION Agent agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Agent also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS Agent shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 19. EXTRA (CHANGES) WORK Only the City's Assistant to the City Manager, Loreen Mills, may authorize extra (and /or change) work. Failure of Agent to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Agent thereafter shall be entitled to no compensation whatsoever for the performance of such work. 20. WARRANTIES All work shall be guaranteed by Agent for a period of one year after the date of final acceptance of the work by the owner. Agent warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve Agent from liability under warranties contained in or implied by this Agreement. 21. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including attorney's fees and court costs on appeal. 22. GOVERNING LAW The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 23. COMPLIANCE WITH APPLICABLE LAW Agent shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement, including those set forth in ORS 279.310 to 279.322. 24. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 25. AUDIT Agent shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. Agent agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 26. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 27. MEDICAL CARE AND WORKERS' COMPENSATION Agent shall promptly, as due, make payment to any person, con - partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury, to the employees of such Agent, of all sums which the Agent agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of the employees pursu to any law, contractor agreement for the purpose of providing or paying for such service. 28. COMPLETE AGREEMENT This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Agent, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Agent has executed this Agreement on the date hereinabove first written. City of Tigard By: Craig Prosser, City Manager Date Beecher Carlson Insurance Agency, LLC By: Agent's Signature Date EXHIBIT A SERVICES To BE PROVIDED Insurance Agent of Record will provide the following services for property, liability and workers' compensation programs: 1. Assist in the design of a comprehensive insurance program, addressing retention levels, broadest available coverage terms and insurer financial security. 2. Make recommendations for self- insurance and other risk - financing methods as appropriate. 3. Organize renewal underwriting information and prepare insurance specifications. 4. Prepare marketing strategies for review by City prior to approaching markets. 5. Approach insurance marketplace on behalf of City. Analyze insurer proposals with respect to cost, coverage and stability of insurers. Review proposals received from insurance companies for conformance with specifications and present quotations to City in a spreadsheet format detailing and comparing coverages, forms and pricing. Make recommendation to City for approval. Negotiate final renewal terms. 6. Obtain policies from insurance carriers and forward to City in a timely fashion. Keep City apprised of delays. 7. Review all binders, policies and endorsement to assure coverage is as intended. Verify accuracy of all policies, endorsements and invoices prior to delivery. 8. Maintain a summary listing of all policies and endorsements that identify the type of coverage, insurance company name & policy number, policy period, coverage synopsis and a brief synopsis of significant coverage features, policy limits, deductibles, and premiums. Update summary pages as revisions occur. Identify potential or actual uninsured or underinsured exposures. 9. Issue Certificates of Insurance and other evidence of insurance as requested or required. 10. Place, cancel and otherwise handle, at the direction of the City and for the benefit of the City all placements, binders, policies and endorsements as requested by the City in a timetable which would avoid lapses in coverages. 11. Assist City in submittal of claims to insurance carriers. Interface with carriers when coverage issues arise. 12. Maintain insurable values on buildings at replacement values to include new construction and make statement available to the City. 13. Consult with the Assistant to the City Manager when called upon throughout the year on any matters pertaining to the operation of the City's insurance and safety programs. 14. Be available to attend meetings when needed. Respond to questions in a timely manner. 15. Prior to renewal of insurance policies, Agent shall analyze losses and loss history trends, with frequency and severity information on losses. Agent shall provide loss forecasts and loss retention analysis when appropriate. 16. Supply City's Assistant to the City Manager a budget letter for estimated premiums that will be required for the next fiscal year. This requires a projection of new total property values, including any completed construction or contemplated acquisitions. Based on this review and a survey of current market trends, a total premium is projected. This is due no later than January 20` each year. 17. Prepare an annual report for delivery to the Assistant to the City Manager. This report is to include any pertinent information relative to new or changed coverages, companies, amounts or premiums, term of policies, deductibles, and claims history & trends. New rulings by the Insurance Service Office or the Insurance Commissioners may also be included. This report will also include information about the services provided by Agent and issues the City should address during the next contract year. This report shall be filed no later than January 20` each year. 18. Assist City, as needed, in evaluation and recommendation in the areas of safety loss control, review of Certificates of Insurance provided by contractors and other vendors. 19. Provide other such services consistent with devising, adopting, administering or revising plans of insurance coverage for the City. 2009 SERVICE DETAIL PLANS ,.,, •,,. t ,,,....., 'i.:.. ,. -�,.,. ,,, .ti ..p�,. .. .... .. .,.., ,. w,- ,. ,, ,.:.,,4 .... . ...... . .... .... ., ._.,..,. a, If3�'. i &� 3 :.;. go�ik i -.�v -F 9: ,t ,,:. ',, Y _.., a, , :..+ 3 kF � �k, ^ ,..:'.' • ,... A . � ,,a ° %u �" M 5 s ..i*".+'� ':k .,,., u„ ..,., a $. 3 i.::_ .1..:1. - .> €3 x �. .�. ., ,� �.�, , , � . - .: , �� r , �� . �, March � �s� � � 4 anus „ Feb :, . P ❑Submit Budget pro jections by ❑ Begin marketing other lines of coverage. ❑ Update insurance schedules: property, ❑ Quarterly Service Plan meeting. 1/20/09. ❑ Provide annual Safety Committee autos, etc. 0 Finalize market specifications. ❑ Submit Annual Report by 1/20/09. training if requested. ❑ Renewal packet to Agent from City for ❑ Agree on marketing plan. ❑ Quarterly Service Plan meeting. ❑ Correct /update CIS property schedule property, casualty, WC & pollution. ❑ Renew Pollution coverage ❑ Update annual service plan. ❑ Semi - annual property casualty claim effective 5/1/09. ❑ New services in 2009 to be review by 3/15/09. scheduled at a later date includes: Audit of risk program, Self insurance for auto physical damage - implement 7/1/10 Insurance Fund use - implement 7/1/10 r,.. _,�, ,: r,� t - ."3..x ,a s _ _.. �:, ,. .:!:., x .. _...: 1 a:. �... <. ,.., «. ..., x. . ,,,,. .. - . - . ,a - s-...l . ; � .p , . i s f .. r . :;, � � �. � . ":� -.._ _... , ,: « . , ;:, �. x:: . 3 , :.. .0 : : q s ,,.,, : ,,, ,,,,,..w. ,. << ! ., . :rZ.�x ., 1.3�&raa.�.- „ ,� Ma �` ..;:. �.::.. . � � June „ �.,,., � . . . ...:: .. ....... �.,...., y., .._ , � �z: N,__ , w � . �g ,, ❑ Specifications to market - status ❑ Present liability and property coverage ❑ Quarterly Service Plan meeting. ❑ Complete premium breakdown. report. options for July renewal - target date ❑ Deliver insurance coverage summary ❑ Deliver insurance policies to ❑ Semi -annual work comp claim 6/15/09. sheet Tigard. review (if needed). ❑ Bind coverage. ❑ Update annual service plan. ❑ Deliver binders & insurance ID cards. ❑ Issue certificates of insurance. r . .. _... ». De ,_,_... l i . Octobers „r: ...,� .� k � : -:.Se tember �_ >,, , � �. �- . � � �;,- 3a. ,� � na .,��;r �::,�� , ,,� .�„� -- . .. x, ,., �_. ,�4 ,� : ,� �ta .�,"�.._:.� _. �'.,, ., re �:a�in_.�,.� a�� e�., : �...ae, ., :, *.,aw . s r# t ah+�u�F,. .,. .b w�r�. -. ... „ • U Semi -annual property casualty ❑ Quarterly Service Plan meeting. ❑ Continue conversations with other claim review by 9/15/09 viable markets. ❑ Semi - annual work comp claim review (if needed) by 11/15/09. ❑ Renew NFIP /Flood coverage effective 1/4/10. ONGOING throughout the year: ❑ Loss control needs will be coordinated by Agent Risk Management Coordinators. ❑ Contract assistance. ❑ Claim reviews. ❑ Assist with exposure identification. Beecher Carlson Insurance Agent of Record Contract, 2009 -2014 Page 11 , oc UO► CITY OF TIGARD, OREGON • PERSONAL SERVICES CONTRACT r- 'c' INSURANCE AGENT OF RECORD `* 0\4_ C THIS AGREEMENT made and entered into this 25th day of March, 2009 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and (Agent's Name), hereinafter called Agent. RECITALS WHEREAS City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Agent, and WHEREAS City has determined that Agent is qualified and capable of performing the professional services as City does hereinafter require, under those terms and conditions set forth, THEREFORE the Parties agree as follows: 1. SERVICES TO BE PROVIDED Agent shall initiate services immediately upon receipt of City's notice to proceed, together with an executed copy of this Agreement. Agent agrees to complete work that is detailed in Exhibit A and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on March 25, 2014. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Agent not to exceed Thirty Three Thousand Dollars ($33,000) annually for performance of those services described herein for the first year of the contract. Each subsequent year of the contract beginning July 1, 2010, fee for service will be calculated by adding an annual escalator of two percent (2 %) for each of the following years during which the contract is in effect. Payment shall be based upon the following applicable terms: A. Payment by City to Agent for performance of services under this Agreement includes all expenses incurred by Agent, with the exception of expenses, if any identified in this Agreement as separately reimbursable. B. Payment will be made annually based on Agent's inkroice of July 1st, subject to the approval of the City Manager, or designee. C. Payment by City shall release City from any further obligation for payment to Agent, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. D. Agent shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. E. Agent shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Agent shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. If Agent fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Agent or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the Agent. The payment of the claim in this manner shall not relieve Agent or their surety from obligation with respect to any unpaid claims. H. Agent shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. L Agent shall promptly, as due, make payment to any person, co- partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of Agent or all sums which Agent agrees to pay for such services and all moneys and sums which Agent collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. J. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 4. OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be entitled to possession of any and all work products of Agent which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by Agent prior to termination of this Agreement by Agent or upon completion of the work pursuant to this Agreement. 5. ASSIGNMENT /DELEGATION Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Agent shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by. City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. STATUS OF AGENT AS INDEPENDENT CONTRACTOR Agent certifies that: A. Agent acknowledges that for all purposes related to this Agreement, Agent is and shall be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Agent is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Agent under the terms of this Agreement, to the full extent of any benefits or other remuneration Agent receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Agent or to a third party) as a result of said finding. B. The undersigned Agent hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Agent, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds, Agent certifies that he /she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. Agent and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. C. Agent certifies that it currently has a City business license or will obtain one prior to delivering services under this Agreement. D. Agent is not an officer, employee, or agent of the, City as those terms are used in ORS 30.265. 7. INDEMNIFICATION City has relied upon the professional ability and training of Agent as a material inducement to enter into this Agreement. Agent warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it • being understood that acceptance of a Agent's work by City shall not operate as a waiver or release. Agent agrees to indemnify and defend the City, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 8. INSURANCE Agent and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Agent's activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Agent and its subcontractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Agent shall obtain, at Agent's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 2,000,000 Products - Completed Operations Aggregate 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 B. Professional Liability Agent shall obtain, at Agent's expense, and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts. Combined single limit per occurrence shall not be less than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than $2,000,000. C. Commercial Automobile Insurance Agent shall also obtain, at Agent's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non -owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. D. Workers' Compensation Insurance The Agent, its subcontractors, if any, and all employers providing work, labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. Out -of - employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Agents who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $1,000,000 each accident. E. Additional Insured Provision 1 The Commercial General Liability Insurance, and Commercial Automobile Insurance policies and other policies the City deems necessary, shall include the City, its officers, directors, and employees as additional insureds with respect to this contract. F. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. G. Insurance Carrier Rating Coverages provided by the Agent must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. H. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Agent shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. I. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Agent is not an officer, employee or agent of the City as those terms are used in ORS 30.265. J. Primary Coverage Clarification The parties agree that Agent's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. K. Cross - Liability Clause A cross - liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution and errors and omissions policies required by this contract. Agent's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: Loreen Mills, Asst. to the City Manager City of Tigard Business Phone: 503- 718 -2417 13125 SW Hall Blvd. Business Fax: 503- 684 -7297 Tigard, Oregon 97223 Email Address: loreen @tigard -or.us Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit Agent's liability hereunder. Notwithstanding said insurance, Agent shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 9. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS All notices, bills and payments shall be made in writing and may be given by personal delivery, mail or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices, bills, payments, and other information: City Agent City of Tigard Beecher Carlson Insurance Agency LLC Attn: Loreen Mills, Assistant to the City Attn: Ron Cutter, Manager 13125 SW Hall Blvd., Tigard, Oregon 220 NW Second Avenue, Suite 800, 97223 Portland, Oregon 97209 Phone: 503 - 718 -2417 Phone: 503 -222 -1831 Fax: 503 -684 -7297 Fax: 503 - 274 -0323 Ernail Address: loreen @tigard- or.gov Email Address: ron.cutter @beechercarlson.com and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 10. MERGER • This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 11. PROFESSIONAL SERVICES The City requires that services provided pursuant to this agreement shall be provided to the City by a Agent that does not represent clients on matters contrary to City interests. Further, Agent shall not engage services of an attorney and /or other professional who individually, or through members of his /her same firm, represents clients on matters contrary to City interests. Should the Agent represent clients on matters contrary to City interests or engage the services on an attorney and /or other professional who individually, or through members of his /her same firm, represents clients on matters contrary to City interests, Agent shall consult with the appropriate CITY representative regarding the conflict. After such consultation, the Agent shall have 45 days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 13 (B) (3) of this agreement. 12. TERMINATION WITHOUT CAUSE At any time and without cause, either party shall have the right to terminate this Agreement by giving 90 days written notice to the other party. If City terminates the contract pursuant to this paragraph, it shall pay Agent for services rendered to the date of termination. 13. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Agent, or at such later date as may be established by City, under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds 2) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Agent, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked, or not renewed. 4) If Agent becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Agent, if a receiver or trustee is appointed for Agent, or if there is an assignment for the benefit of creditors of Agent. Any such termination of this agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Agent, may terminate the whole or • any part of this Agreement: 1) If Agent fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) If Agent fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. 3) If Agent fails to eliminate a conflict as described in Section 11 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Agent shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (b), Agent shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Agent bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by City due to breach of contract by Agent. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 14. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Agent as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 15. FORCE MA JEURE Neither City nor Agent shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidermic, quarantine restriction, area -wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. • 16. NON - WAIVER • The failure of City to insist upon or enforce strict performance by Agent of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 17. NON - DISCRIMINATION Agent agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Agent also shall comply with the Americans With Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS Agent shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 19. EXTRA (CHANGES) WORK Only the City's Assistant to the City Manager, Loreen Mills, may authorize extra (and /or change) work. Failure of Agent to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Agent thereafter shall be entitled to no compensation whatsoever for the performance of such work. 20. WARRANTIES All work shall be guaranteed by Agent for a period of one year after the date of final acceptance of the work by the owner. Agent warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve Agent from liability under warranties contained in or implied by this Agreement. 21. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including attorney's fees and court costs on appeal. 22. GOVERNING LAW The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought nh the • appropriate court of the State of Oregon. 23. COMPLIANCE WITH APPLICABLE LAW Agent shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement, including those set forth in ORS 279.310 to 279.322. 24. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 25. AUDIT Agent shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. Agent agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 26. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 27. MEDICAL CARE AND WORKERS' COMPENSATION Agent shall prompdy, as due, make payment to any person, con - partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury, to the employees of such Agent, of all sums which the Agent agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of the employees pursuant to any law, contractor agreement for the purpose of providing or paying for such service. • 28. COMPLETE AGREEMENT This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Agent, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Agent has executed this Agreement on the date hereinabove first written. City of Tigard • 1� Cfrd . • i/1709 By: Craig P osser, City Manager Date Beecher Carlson Insurance Agency, LLC 14M.) 3 -mss -a� By: Agent's Signature Date EXHIBIT A SERVICES TO BE PROVIDED Insurance Agent of Record will provide the following services for property, liability and workers' compensation programs: 1. Assist in the design of a comprehensive insurance program, addressing retention levels, broadest available coverage terms and insurer financial security. 2. Make recommendations for self - insurance and other risk - financing methods as appropriate. 3. Organize renewal underwriting information and prepare insurance specifications. 4. Prepare marketing strategies for review by City prior to approaching markets. 5. Approach insurance marketplace on behalf of City. Analyze insurer proposals with respect to cost, coverage and stability of insurers. Review proposals received from insurance companies for conformance with specifications and present quotations to City in a spreadsheet format detailing and comparing coverages, forms and pricing. Make recommendation to City for approval. Negotiate final renewal terns. 6. Obtain policies from insurance carriers and forward to City in a timely fashion. Keep City apprised of delays. 7. Review all binders, policies and endorsement to assure coverage is as intended. Verify accuracy of all policies, endorsements and invoices prior to delivery. 8. Maintain a summary listing of all policies and endorsements that identify the type of coverage, insurance company name & policy number, policy period, coverage synopsis and a brief synopsis of significant coverage features, policy lirnits, deductibles, and premiums. Update summary pages as revisions occur. Identify potential or actual uninsured or underinsured exposures. 9. Issue Certificates of Insurance and other evidence of insurance as requested or required. 10. Place, cancel and otherwise handle, at the direction of the City and for the benefit of the City all placements, binders, policies and endorsements as requested by the City in a timetable which would avoid lapses in coverages. 11. Assist City in submittal of claims to insurance carriers. Interface with carriers when coverage issues arise. 12. Maintain insurable values on buildings at replacement values to include new construction and make statement available to the City. 13. Consult with the Assistant to the City Manager when called upon throughout the year on any matters pertaining to the operation of the City's insurance and safety programs. 14. Be available to attend meetings when needed. Respond to questions in a timely manner. 15. Prior to renewal of insurance policies, Agent shall analyze losses and loss history trends, with frequency and severity information on losses. Agent shall provide loss forecasts and loss retention analysis when appropriate. 16. Supply City's Assistant to the City Manager a budget letter for estimated premiums that will be required for the next fiscal year. This requires a projection of new total property values, including any completed construction or contemplated acquisitions. Based on this review and a survey of current market trends, a total premium is projected. This is due no later than January 20th each year. 17. Prepare an annual report for delivery to the Assistant to the City Manager. This report is to include any pertinent information relative to new or changed coverages, companies, amounts or premiums, term of policies, deductibles, and claims history & trends. New rulings by the Insurance Service Office or the Insurance Commissioners may also be included. This report will also include information about the services provided by Agent and issues the City should address during the next contract year. This report shall be filed no later than January 20th each year. 18. Assist City, as needed, in evaluation and recornrnendation in the areas of safety loss control, review of Certificates of Insurance provided by contractors and other vendors. 19. Provide other such services consistent with devising, adopting, administering or revising plans of insurance coverage for the City. 2009 SERVICE DETAIL PLANS January February Mardi'- April" ❑ Submit Budget projections by ❑ Begin marketing other lines of coverage. ❑ Update insurance schedules: property, ❑ Quarterly Service Plan meeting. 1/20/09. ❑ Provide annual Safety Committee training if autos, etc. ❑ Finalize market specifications. ❑ Submit Annual Report by 1/20/09. requested. ❑ Renewal packet to Agent from City for ❑ Agree on marketing plan. ❑ Quarterly Service Plan meeting. ❑ Correct /update CIS property schedule property, casualty, WC & pollution. ❑ Renew Pollution coverage effective ❑ Update annual service plan. ❑ Semi - annual property casualty claim review 5/1/09. • ❑ New services in 2009 to be scheduled . by 3/15/09. • at a later date includes: • Audit of risk program, Self insurance for auto physical • damage — implement 7/1/10 Insurance Fund use — implement . 7/1/10 May June Ju ly Au ❑ Specifications to market — status ❑ Present liability and property coverage ❑ Quarterly Service Plan meeting. ❑ Complete premium breakdown. report. options for July renewal — target date 6/15/09. ❑ Deliver insurance coverage summary sheet ❑ Deliver insurance policies to ❑ Semi - annual work comp claim review ❑ Bind coverage. ❑ Update annual service plan. Tigard. (if needed). ❑ Deliver binders & insurance ID cards. ❑ Issue certificates of insurance. September .October • N ovember- . December. 13 Semi- annual property casualty claim ❑ Quarterly Service Plan meeting. ❑ Continue conversations with other viable review by 9/15/09 markets. ❑ Semi - annual work comp claim review if needed) by 11/15/09. ❑ Renew NFIP /Flood coverage effective 1/4/10. ONGOING throughout the year: • ❑ Loss control needs will be coordinated by Agent Risk Management Coordinators. ❑ Contract assistance. ❑ Claim reviews. ❑ Assist with exposure identification. Beecher Carlson Insurance Agent of Record Contract, 2009 -2014 • Page 10 Agenda Item # 6 Meeting Date 3/24/09 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon • Issue /Agenda Title Tigard - TriMet Annual Progress Report, 2009 Prepared By: Duane Roberts Dept Head Approval: / / /Lt, ity Mgr Approval: ISSUE BEFORE THE COUNCIL TriMet General Manager, Fred Hansen, will discuss with Council progress achieved during 2008 under the Tigard - TriMet Memorandum of Understanding (MOU) for improving local transit access and service. STAFF RECOMMENDATION Staff recommends Council discuss with Mr. Hansen any transit - related issues of concern. KEY FACTS AND INFORMATION SUMMARY In 2004, the City entered into a multi -year Memorandum of Understanding with TriMet that calls for the City and agency to work together to increase transit ridership in Tigard. The agreement stipulates that this goal is to be achieved through local service and transit - related capital improvements, as well as public information activities. As part of the City - Agency relationship, TriMet General Manager Fred Hansen annually meets with Council to discuss progress under the MOU in addition to what is happening around transit issues in the region and how Tigard is affected. The MOU expires with the launching of Commuter Rail service. As such, this will be the final Council- Director meeting to occur under the MOU. During its life, the main direct benefit attributable to the MOU has been TriMet's implementation of a program of new bus shelters and bus stop improvements throughout the City. The major local transit stories in 2008 and early 2009 were the launching of Commuter Rail service and TriMet's recently proposed system -wide program and service reductions in response to budget shortfalls. In January 2009, the City entered into an intergovernmental agreement with TriMet and Metro for a Transit Center Redevelopment study. TriMet also is participating with the region's cities, counties, ODOT, and Metro in the development of the region's future High Capacity Transit Plan. Tigard desires to see HWY 99W /Barber Boulevard as the focal point of the region's next light rail investment. Tri -Met support will be essential to achieve this objective. A report summarizing the results of City and TriMet coordinated efforts to enhance local transit access and service during 2008 and the some five years the agreement has been in effect is attached (Attachment No. 2). OTHER ALTERNATIVES CONSIDERED Not applicable. I: \LRPLN \Council Materials \2009 \3 -2409 AIS Tigard -TriMet Annual Progress Report, 2009.doc 1 • CITY COUNCIL GOALS Long Term Goals: Pursue opportunities to reduce traffic congestion in Tigard. ATTACHMENT LIST Attachment 1: Tigard - TriMet Memorandum of Understanding Attachment 2: Tigard - TriMet MOU Annual Progress Report, 2008 FISCAL NOTES No fiscal impact. I: \LRPLN \Council Materials \2009 \3 -24-09 AIS Tigard - TriMet Annual Progress Report, 2009.doc 2 ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING DEVELOPMENT OF TIGARD ACCESS PLAN PLANNING • Dated: October 7, 2004 Among: The Tri- County Metropolitan Transportation District of Oregon, a mass transit district organized under the laws of the State of Oregon ( "TriMet ") And: The City of Tigard, a municipal corporation organized under the laws of the State of Oregon ( "Tigard ") RECITALS A. TriMet owns and operates a public mass transit system serving the Portland metropolitan area including a rail system operating from the City of Gresham to the City of Hillsboro. Together with Washington County, TriMet is currently planning to construct the Wilsonville to Beaverton Commuter Rail Project ( "Commuter Rail "), a 14.7 -mile commuter rail line between Beaverton Transit Center and Wilsonville. B. Development of Commuter Rail in the Highway 217 corridor provides TriMet and Tigard with a unique opportunity to cooperatively achieve their common goals in the Tigard area (the "Area "). C. TriMet and Tigard are committed to developing a Tigard access plan (the "Access Plan") to provide for a comprehensive process that will capitalize on the regional efforts surrounding Commuter Rail, in order to improve access, leverage public and private investments, and enhance and promote mobility options in the Area. D. This Memorandum of Understanding is intended to document the understandings of TriMet and Tigard with respect to development of the Access Plan. UNDERSTANDINGS • 1. Development of Access Plan/Planning Coordination of Projects. It is understood that TriMet and Tigard will meet regularly to develop the Access Plan which efforts shall entail coordination by the parties in planning for projects related to improving access to public transit in the Corridor. The particular projects selected for planning to be included in the Access Plan shall be subject to the mutual agreement of the parties. Types of projects to be included in the Access Plan may include, but not necessarily be limited to: ■ Bus stop improvements ■ Transit preferential improvements for buses • Pedestrian access improvements • Bike access improvements • Public Information (maps, etc.) In addition to development of the Access Plan, a final report prepared by the parties will identify longer term projects. 2. Changes' to Bus Routes: It is understood that TriMet will examine and may implement changes to bus routes in order to improve access to public transit in the Area. 3. Community Outreach: It is understood that, in order to involve community members in all aspects related to the Access Plan, TriMet and the City will develop and implement a community outreach strategy targeted toward the diverse community and business members that comprise the Corridor. 4. General Provisions: a. Term: This Memorandum of Understanding shall be in effect from December 1,2004 through the opening of Commuter Rail, and may be extended by mutual agreement of the parties hereto. b. Withdrawal: Either party may withdraw from this Memorandum of Understanding, without penalty or liability of any nature, by providing the other party to this Memorandum of Understanding with ninety (90)=days prior written notice of its intent to do so. c. Independent Contractors; No Agency: In connection with this Memorandum of Understanding, each party is an independent contractor for all purposes and will have no authority to bind or commit the other. d. No Third Party Beneficiaries: TriMet and Tigard are the only parties to this Memorandum of Understanding, and as such are the only parties entitled to enforce its terms. Nothing in this Memorandum of Understanding gives or shall be construed to give or provide any benefit, direct, indirect or otherwise, to any third party unless such third party is expressly described by name in a modification or amendment to the Memorandum of Understanding, and such third party is intended by the parties hereto to be a beneficiary of such modification or amendment to this Memorandum of Understanding. e. Notices: All notices and communications under this Memorandum of Understanding shall be directed to the representatives designated below: For Tri -Met: Tom Mills Tri-Met 4012 SE 17 Avenue Portland, Oregon 97202 (503) 962-4883 For Tigard: Duane Roberts City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 503- 639 -4171 ext 2444 Any notices or communications hereunder shall be in writing and deemed effective if deposited in U.S. Mail (Certified return receipt), hand delivered, or transmitted by facsimile with successful confirmation. f. Integration: This MOU contains the entire agreement between the parties as to the subject matter of this MOU and the parties have no obligations except as expressly stated herein. Any waiver, consent, modification, amendment or change to the terms of this MOU must be in writing and signed by the authorized representatives of each party to be effective and binding. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding effective for the dates noted herein. TRI- COUNTY METROPOLITAN CITY OF TIGARD TRANSPORTATION DISTRICT OF OREGON (TRJ ET) By: - 4CULA--(. By: Fred Hansen Craig D sen General Manager Mayor i /Irpn/dr/TriMet.M0U.11 -04 ATTACHMENT 2 Tigard - TriMet Annual MOU Progress Report, 2008 Introduction and Summary The City of Tigard's 2004 Memo of Understanding (MOU) with TriMet to improve transit ridership in the City calls for annual joint meetings between Council and the TriMet Executive Director. The present memo describes progress achieved during the 16 -month period since the last such joint meeting was held. The Tigard - TriMet MOU is set to expire with the launching of Commuter Rail. As such, this will be the final Council- Director meeting to occur under the MOU. Commuter Rail By far the major Tigard - related transit story during the past year and in the life of the Tigard- TriMet MOU has been the completion of Washington County Commuter Rail construction, including construction of the Tigard station platform and 102 - vehicle parking area, and the start -up of regular operation in early February. The $117 million dollar commuter line connects Wilsonville, Tualatin, Tigard and Beaverton. The diesel- powered rail cars run every half hour during morning and afternoon rush hours. The service is the first commuter rail line in Oregon and among a handful of suburban -to- suburban commuter lines in the county. Grand Opening Week in Tigard featured local entertainment vendors, event banners, and service information materials. Commuter Rail provides an important new transportation option in our region and is anticipated to spur downtown Tigard development. As is well known, Commuter Rail was the impetus for development of the Downtown Improvement Plan. The scheduling of Mr. Hanson's annual meeting with Council was delayed to coincide with the launching and early operation of Commuter Rail service. This new service is expected to provide a major topic of discussion with Mr. Hanson. Service Cuts The other big transit story during the period is TriMet's budget shortfall. Although overall transit system ridership increased by 2% during 2008, only 21% of TriMet's operating budget comes from fares. Some 55% is received from payroll taxes. Due to the economic recession, TriMet is expecting 13.5% less in payroll tax revenue in FY 2009 and 2010. I: \LRI'LN \Council Materials \2009 \3 -24 -09 Attach 2'figard- CriiMet Annual progress Rpt 08.doc 1 To deal with the projected shortfall, last month Trimet announced a 5% across -the- board cut in programs and services. Following a public comment period, service changes take effect in September 2009. The only proposed service cut affecting Tigard is the elimination of Saturday service on Line 43 — Taylor's Ferry Road. This line runs between Portland City Center and Washington Square Mall. The route travels in- and outside the City's northeastern City limits, along Hall- Locust -80th- and Taylor's Ferry. The discontinuation of Saturday service on this line is attributed to low ridership and availability of alternative service nearby. In late spring, TriMet is expected to receive $45 million in federal stimulus funds. Federal guidelines require that this money be spent only on capital projects and infrastructure. Stimulus funds cannot be used for operations. According to the transit agency, some of the stimulus will be used to off -set some of its capital costs, but won't cover its FY 2010 budget shortfall. Transit Center Redevelopment In January, the City entered into an intergovernmental agreement between the City, TriMet, and Metro. The IGA commits the three parties to explore the feasibility of redeveloping the Tigard Transit Center into a mixed use, transit- oriented development. The main goals of such a redevelopment would be to serve as a catalyst for Downtown development and to increase housing and employment near transit. The first phase of the project will be a Redevelopment Study. A real estate consultant and architectural team have been selected to carry out the study, which will consist of three main parts: 1. A development opportunity study to determine the market feasibility of a transit- oriented development. 2. A concept site plan for the site to include potential building footprint and massing, location of parking, and other design details. 3. A specific plan to relocate transit center functions to on -street stops consistent with TriMet's requirements and input from local stakeholders. The study will be jointly funded by the City and Metro. If the study finds the site has good redevelopment potential, the City, TriMet, and Metro will work together on a second phase, which would include issuing a request for proposals to build the mixed use project. TriMet, the owner of the property, supports the potential redevelopment of the Transit Center for transit- oriented development, so long as their operational needs are met and the Federal Transit Administration concurs. L \1_.RPLN \Council Materials \211119 \3 -24 -09 Attach 2 Tigard- TriMet Annual Progress Rpt 118.doc 2 Service Improvements Priority service improvements identified by Tigard include the three described below. The major problem affecting the implementation of these improvements continues to be lack of funding to initiate new service. During the period of the MOU, TriMet's resource base has not allowed it to expand bus service in Tigard or elsewhere. 1. Frequent Service on Line 76 between Beaverton - Tigard - Tualatin, including potential routing on Hall Boulevard north of Pacific Highway. This was planned to be the next Frequent Service Line. The proposed service would provide a direct connection between Tigard and the Kruse Way employment areas. Line 78 would continue to serve Greenburg Road should Line 76 be rerouted to Hall. From the City's perspective, new service on Hall is important because of the present service gap between Locust and Hwy 99W, an almost one -mile stretch of low and moderate income apartments. 2. Local connections by rerouting Line 38 along Meadows and SW Bonita Road to the Tigard Transit Center and extending another line to cover SW 72 Avenue and Sequoia Parkway. Bonita Road service is a City priority because this road includes a concentration of low and moderate income apartments. 3. Service on the Barrows Road area. This would require an extension of an existing Line (potentially Line 92) and a corresponding increase in operating costs. The extension of Line 92 would provide express service for commuters living in the fast growing Barrows Road -Bull Mountain area. As noted, due to a lack of funds to initiate new service and the relative decline in available transportation funding during the past five -year period, including the recent economic recession, none of these or any other local bus service improvements have been implemented. Conclusion To sum up, during the five year life of the City- TriMet MOU, the major transit success story has been the introduction of Commuter Rail service. Commuter Rail was the original impetus for Downtown improvement efforts and continues to be key to its future revitalization as the heart of the community. Also to be noted is the presently underway cooperative study of transit- oriented development opportunities on the site of the Tigard Transit Center. 1:ALRPLN \Council Materials \2009 \3 -24 -09 Attach 2 Tigard - IliMet Annual Progress Rpt 08.doc 3 The main direct benefit attributable to the City - TriMet MOU has been TriMet's implementation of a program of new bus shelters and bus stop improvements throughout the City. No progress has been achieved in relation to Tigard's priority list of bus service improvements during the period and many areas of the City continue to be under served by transit. This is because TriMet's resource base has not allowed expansion of bus service. Recently, the economic recession will result in bus service reductions system wide. Under TriMet's proposed bus service cuts, Tigard will see only marginal • change, however. This reduction is far offset by the increase in transit services provided by the new Commuter Rail line. Further, TriMet is participating with the region's cities, counties, ODOT, and Metro in the development of the region's future High Capacity Transit Plan. Tigard desires to see HWY 99W/Barbur Boulevard as the focal point of the region's next light rail investment. Tri -Met support will be essential to achieve this objective. I:ALRP1,N \Council Materials \2009 \3 -24 -119 Attach 2 Tigard-TriMet Annual Progress Rpt 08.doc 4 Agenda Item # 7 Meeting Date 3/24/2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title ZCA2008- 00005 /Montage Townhomes Annexation Prepared By: Gary Pagenstecher Dept Head Approval: City Mgr Approval: CR ISSUE BEFORE THE COUNCIL Shall City Council approve annexation of one parcel containing 2.03 acres of land (Zone Change Annexation - ZCA2008-00005) and adjoining right -of -way on SW Hall Blvd. and SW 92n Avenue for a total of 2.10 acres of land to the City of Tigard? STAFF RECOMMENDATION Staff recommends adopting the proposed ordinance annexing the subject territory to the City of Tigard. KEY FACTS AND INFORMATION SUMMARY On September 22, 2006, Washington County approved a 33 -lot subdivision on the subject property (WACO Case No.06- 266 -S /HRV /AMP) under the TO: R -18 -24 zone and subdivision standards. As of the date of this application, site work, including streets and utilities, is approximately 90% complete. When the applicant submitted the final plat for review by the County, the County discovered that the project area included a portion within the City of Tigard that had been annexed by the City in 1987 (portion of a vacated right - of -way) and would not final the plat. To solve this problem, the City and County agreed to both sign the plat upon annexation of the remainder of the subject site. The proposed annexation includes one (1) parcel and adjoining right -of -way on SW Hall Boulevard and SW 92n Avenue. The total area proposed for annexation is 2.10 acres. The subject parcel is 2.03 acres and the proposed right -of -way is approximately 0.07 acre. The City invited all (four) adjacent property owners to join the annexation and received no response. No registered voters live within the proposed annexation area. The applicant /property owner owns 100% of the subject acreage signed for on the petition to annex. Therefore, 100% of property owners have petitioned for annexation. With regard to the proposed right -of -way, the City is authorized by ORS 222.111(2) to act on its own motion to annex contiguous territory. Applicable review criteria, procedures and policies for the proposed annexation are in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1 -4. Key Findings: 1. The proposed territory is contiguous to Tigard's City limits; 2. Urban services are available and of sufficient capacity to serve the subject parcel; 3. The applicant /owner of the subject parcel has consented to the annexation; 4. The proposed territory is within Metro's Urban Growth Boundary; and 5. The proposed territory is within Tigard's Urban Service Area and Area of Interest. OTHER ALTERNATIVES CONSIDERED 1. Adopt findings to deny the annexation. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Proposed Ordinance Annexing 2.10 Acres Exhibit A: Legal Description and Tax Assessor's Map for Montage Townhomes Parcel and Right -of -Way Exhibit B: Vicinity Map of the Subject Parcel Exhibit C: Applicant's Petition to Annex Exhibit D: Staff Report to the City Council dated 3/5/09 FISCAL NOTES If approved, the proposed annexation territory would be transferred to the City's tax roll on July 1, 2010. Annexations must be final (ORS 222.010) by March 31 of the same calendar year for the tax year beginning July 1. Agenda Item No. 7 Montage Townhomes Annexation March 24, 2009 Statement by City Attorney — Quasi- Judicial Land Use Hearing Procedures A copy of the rules of procedure for today's hearing is available at the entrance. The staff report on this hearing has been available for viewing and downloading on the City's website and a paper copy of the staff report has been available in the Tigard Public Library for the last seven days. The Council's role in this hearing is to make a land use decision under existing laws. The Council cannot change the law for the land use application now under consideration. Any person may offer testimony. Please wait until you are asked to speak by the Mayor and try to limit your remarks to the application standards for the application. Members of the City Council will be asked whether they have any conflicts of interest. If a Council member has an actual conflict, the Council member will not participate. Council members must declare any contacts about this case with a member of the public. Council members must also declare if they have independent knowledge of relevant facts, such as from a visit to the site in question. A Council member who describes ex parte contacts or independent information may still participate in the decision. After the discussion of conflicts and ex parte contacts, any person may challenge the participation of a Council member or rebut any statements made. The Council member in question may respond to such a challenge. Tonight, City staff will summarize the written staff report. Then the parties requesting the application and those in favor of the proposal testify. Next witnesses who oppose the application or who have questions or concerns testify. If there is opposition or if there are questions, the proponents can respond to them. The Council members also may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, including any rebuttal, the proponents can make a closing statement. After the record is closed, the City Council will deliberate about what to do with the application. During deliberations, the City Council may re -open the public portion of the hearing if necessary to receive additional evidence before making a decision. You must testify orally or in writing before the close of the public record to preserve your right to appeal the Council's decision to the Land Use Board of Appeals. You should raise an issue clearly enough so that Council understands and can address the issue. Failure to do so precludes an appeal on that issue. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement of an earlier witness, please just state that fact and add any additional points of your own. Please refrain from disruptive demonstrations. Comments from the audience will not be part of the record. The point is, come to the microphone to get your comments on the tape, otherwise, they won't be preserved for appeal. (over) When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, spelling your last name, and give your full mailing address including zip code. If you represent someone else, please say so. If you have any exhibits you want us to consider, such as a copy of your testimony, photographs, petitions, or other documents or physical evidence, at the close of your comments you must hand all new exhibits to the City Recorder who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal opportunities expire, and then you can ask for their return. I: \ADM\CATHY\CCA \quasi judicial rules of procedure \Rules of Procedure - City Attorney QJ Statement - 2009.doc ° City of Tigard TIGARD Memorandum To: File: Montage Townhomes (ZCA2008- 00005) From: Gary Pagenstecher, Associate Planner Re: Acknowledgement of County Land Use Upon Building Permit Application Date: March 20, 2009 At the request of the Applicant, Jerry Palmer (Casa Terra), for the purpose of facilitating a smooth transition between jurisdictions on annexation of the subject property by the City of Tigard, and particularly for efficient processing of the applicant's land use permit (WACO Case File06 -266- S /HRV /AMP) and building permits at the City, it is understood that: The lots for Montage Townhomes, as recorded, will be reviewed for building permits applying the County zone standards as approved and conditioned in the County land use decision, Case File06- 266 -S /HRV /AMP. AGENDA ITEM No. 7 Date: March 24, 2009 PUBLIC HEARING (QUASI - JUDICIAL) TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: ZONE CHANGE ANNEXATION (ZCA) 2008 -00005 - MONTAGE TOWNHOMES ANNEXATION — REQUEST: A request to annex approximately 2.03 acres of property, plus right -of -way on SW Hall Blvd and SW 92n Avenue (.07 -acres) to the City of Tigard. The subject 2.03 -acre property received land use approval from Washington County (WACO) under the County's TO: R-18-24 zone and subdivision standards on September 22, 2006 (WACO Case No.06- 266 -S /HRV /AMP). Site work for the subject property's 33 -lot subdivision is approximately 90% completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenburg Road; Washington County Tax Assessor's Map 1S126DB, Tax Lot 01100, plus Adjoining Right -of -Way. COUNTY ZONE: Transit Oriented Residential District, 18 - 24 units per acre (TO:R18 -24). The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one -half mile of light rail transit stations, within one - quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed -uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2 (southern half of the property) is most similar to the County's TO:R 18 -24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222; and Metro Code Chapter 3.09. I:\ ADM\ CATHY\ COUNCIL \ CCSignup \ New Format \PH Testimony MONTAGE .doc AGENDA ITEM No. 7 March 24, 2009 ' PLEASE PRINT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. • , COMMUNITY NEWSPAPEIS 8005 SE Lae Road, Portland, OR 87222 • PO Box 22109 Portland OR 07289 -2109 Phu 503. 884-0380 Fax: 503 -820 -3433 1 . PUBLIC HEARING ITE E -mail: Iepals@commaewspapers.com TIGARD AFFIDAVIT OF PUBLICATION State of Oregon, County of Washington, SS The following will be considered by the Tigard City Council on I, Charlotte Allsop, being the first duly sworn, Tuesday March 24, 2009 at 7:30 PM at the Tigard Civic Center depose and say that I am the Accounting - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon Manager of The Times (serving Tigard, 97223. Tualatin & Sherwood), a newspaper of [Public oral or written testimony is invited. The public hearing general circulation, published at Beaverton, n this matter will be held under Title 18 and rules of procedure in the aforesaid county and state, as defined dopted by the Council and available at City Hall or the rules of by ORS 193.010 and 193.020, that rocedure set forth in Section 18.390.060E. urther information may be obtained from the Planning Division City of Tigard Staff contact: Gary Pagenstecher) at 13125 SW Hall Blvd., Notice of Public Hearing igard, Oregon 97223, or by calling at 503.639.4171. TT11264 A ZONE CHANGE ANNEXATION (ZCA) 2008 -00005 copy of which is hereto annexed, was - MONTAGE TOWNHOMES ANNEXATION - published in the entire issue of said newspaper for REQUEST: A request to annex approximately 2.03 acres of 2 property, plus right -of -way on SW Hall Blvd and SW 92 Av- successive and consecutive weeks in the enue (.07- acres) to the City of Tigard. The subject 2.03 -acre following issues property received land use approval from Washington County March 5, 2009 (WACO) under the County's TO: R -18 -24 zone and subdivision March 12, 2009 standards on September 22, 2006 (WACO Case No.06- 266 -S/ HRV /AMP). Site work for the subject property's 33 -lot subdivi- s elk—ea LO4tt ion is approximately 90% completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenburg Road; Washington County Tax Assessor's Map 1 S 126DB, Tax Lot 01100, plus Adjoining Charlotte Allsop (Accounting Ma ger) Right -of -Way. COUNTY ZONE: Transit Oriented Residential District, 18 -24 units per acre (TO:R18 -24). The intent of the tran- Subscribed and sworn to before me this sit oriented districts is to direct and encourage development that is March 12, 2009. transit supportive and pedestrian oriented in areas within approxi- mately one -half mile of light rail transit stations, within one -quar- ter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented ac‘.)( . te districts is to limit development to that which (1) has a sufficient NOTARY PUBLIC FOR EGON density of employees, residents or users to be supportive of the My commission expires type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a comple- Acct #10093001 i mentary mix of land uses; (4) is designed to encourage people to Attn: Patty Lunsford walk; ride a bicycle or use transit for a significant percentage of City of Tigard their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use ity of SW Hall Blvd Residential Districts. The MUR zoning district is designed to ap- ply to predominantly residential areas where mixed -uses are per - Tigard, OR 97223 mitted when compatible with the residential use. A high density (MUR -1) and moderate density (MUR -2) designation is avail - Size: 2 x 13,75 able within the MUR zoning district. MUR -1 (northern half of Amount Due $458,25* the property) to implement the City's comprehensive plan map *Please remit to address above. designation under the City's Washington Square Regional Center Plan zone. MUR -2 (southern half of the property) is most similar to the County's TO:R -18 -24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are de- scribed in Community Development Code Chapters 18.320 and 1 R 1011 Co n...,,rAh.,.,;.,.. Dl.... !"1..111 1 1 /1no1 1 1 1 /13111;..., Al .11.1 Agenda Item # Meeting Date March 24, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Continuation of Public Hearing: Fields Comprehensive Plan Amendment and Zoning Map Amendment (CPA2008- 00008 & Z ON2008- 00002) . Prepared By: Cheryl Caines Dept Head Approval: "� City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council adopt a resolution denying a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designation and Zoning Map Classification for one, 24.51 acre parcel zoned Light Industrial (I - L) to Medium - High Density Residential (R-25)? STAFF RECOMMENDATION Staff recommends the City Council uphold the Planning Commission's recommendation to deny both the proposed Comprehensive Plan Map Amendment and Zoning Map Amendment and to reference findings developed to date in support thereof. KEY FACTS AND INFORMATION SUMMARY A public hearing was held at the February 24, 2009 City Council meeting. Staff presented the Planning Commission's recommendation and emphasized from the Staff Report that the proposed amendment is not consistent with Statewide Planning Goal 9 - Economic Development, Tigard Comp. Plan Goal 9 - Economic Development, and Comp. Plan Goal 2 - Land Use Planning. In rebuttal the applicant presented testimony saying that the industrial designation violates Statewide Planning Goal 9, the site is not suitable for industrial development, the surrounding neighborhood has changed, and a residential designation is more suitable and ensures the most efficient use of the property. The Council continued the hearing to March 10, 2009 in order to ask questions of Staff and deliberate on the proposal. Staff responded to the applicant's testimony in a memo (Attachment 1 of the March 10 Council Packet). Staff's opinion did not change after the applicant's February 24 testimony. Staff and the Planning Commission have both recommended denial'of the request. During the Planning Commission hearing it was noted that the potential re- designation of the property could be addressed through the Legislative Process. Through a policy approach, the City Council could look at the designation in a broader context of an Economic Opportunities Analysis (EOA). Such an analysis needs to take into account the entire community, not just a specific site. The EOA will be part of the City's periodic review. At the March 10 hearing Staff gave a brief recap of the proceedings. Public testimony was heard from Mr. John Frewing, who supports the Staff and Planning Commission recommendations to deny the Comprehensive Plan Map and Zoning Map Amendments. He noted the close proximity of the site to the railroad and that noise from the railroad makes the site unsuitable for residential development. He also said the representation at the February 24` hearing pointed to the natural areas as an amenity for residential development, but stated that Mr. Fields has received approval for removal of at least 900 trees on site. He said there is an inconsistency between the request for removal of trees and the request for residential zoning. The City Attorney entered two letters written to the Mayor and Council into the record. The first was a comment letter from Sue Beilke with Fans of Fanno Creek. She encouraged the City to work with Metro to purchase the property and create a natural/open space due to the site's biological diversity and limited development potential. She said the Friends oppose the request to re- designate the site to residential because of the limited supply of Light Industrial land in the City of Tigard, the shortage of industrial lands throughout the Metro area, the lack of need for more residential density in Tigard, and Tigard's traffic problems (particularly along Hall Blvd). The second letter was received from the applicant's attorney, Phil Grillo, with Miller Nash requesting a continuance to respond to any new public testimony and the staff rebuttal and to request a date when the Mayor can be present. Council unanimously voted to continue the public hearing to March 24, 2009. OTHER ALTERNATIVES CONSIDERED Council's options are to: • Uphold the Commission's recommendation for denial; • Not accept the Commission's recommendation and move to re- designate the property to residential as proposed, which requires development of findings in support of the amendment; or • Remand the matter back to the Commission for additional review and recommendations; or • Deny the request and direct staff to evaluate, through the legislative process, whether the site should be another residential designation, such as medium density residential, or designated for other uses such as commercial or mixed use. QTY COUNCIL GOALS City Council has a 5 year goal to implement the Comprehensive Plan. Approval of this application would not be consistent with the Comprehensive Plan regarding Economic Development and Land Use Planning. ATTACHMENT LIST None FISCAL NOTES There is no fiscal impact anticipated with this action. = . City of Tigard Agenda Item No. Memorandum Meeting of _ - �� . TIGARD .`.._- • To: Honorable Mayor and City Council From: Cathy Wheatley, City Recorder Re: Applicant's Rebuttal - Fields - Comprehensive Plan Amendment 2008 -00008 Date: March 17, 2009 Attached is the written rebuttal for the above - referenced Comprehensive Plan Amendment proposal. This information pertains to Agenda Item No. 8 on the March 24, 2009, City Council agenda for the hearing continued from March 10, 2009. Attachment I:� Cit y wide \Council Packets \Packet 09 \090324 \memo fields cpa applicant rebuttal.doc PORTLAND, OREGON 3400 U.S. Bancorp Tower 111. S.W. Fifth Avenue SEATTLE, WASHINGTON Portland, Oregon 97204.3699 MILLER NASH--P VANCOUVER, WASHINGTON OFFICE 503.224.5858 CENTRAL OREGON CI FAX 503.224.0155 ATTORNEYS AT LAW WWW.MILLERNASH.COM C Phillip E. Grillo phil.grillo @millernash.com (5 205 -2311 direct line �..� t7? March 17, 2009 Mayor Craig E. Dirksen and City Council Members City of Tigard 13125 S.W. Hall Boulevard Tigard, Oregon 97223 Subject: Applicant's Written Rebuttal - CPA 2008 -00008 (Fields) Dear Mayor Dirksen and City Council: On behalf of Mr. Fields and his entire team, we sincerely appreciate the time and attention the City has devoted to this matter. As you begin your deliberations, we ask that you keep in mind that Mr. Fields has owned this property for over 30 years. During the past decade, he has diligently marketed this site for industrial development and has consistently found that the site is no longer suitable for industrial use. Expert testimony by Mike Wells, with Wells Otis Development, Clayton Hering with Norris Beggs Simpson, and Jerry Johnson with Johnson Reid, have confirmed this fact and have further explained why this site is not suitable for industrial use. There is no evidence in the record directly rebutting this testimony. In short, because the site is unsuitable for industrial use, industrial zoning of this site is outmoded and should be changed now. Our final written rebuttal responds to comments made by city staff, the City Council, DLCD staff, and the public during the course of this hearing. The key issues, and our responses to them, are set out below. Following our response to these key issues, we provide you with a summary of our concluding remarks. With that overview in mind, our responses to the key issues in this case are: Response to Key Issues 1. Has the surrounding area changed since the site was originally zoned for industrial use? Answer: Yes. During the 30 -plus years since Mr. Fields has owned this industrially -zoned property, the surrounding area has significantly changed. For • PDXDOCS:1836338.1 196080 -0005 PORTLAND, OREGON SEATTLE, WASHINGTON MILLER NASHLLP VANCOUVER, WASHINGTON CENTRAL OREGON ATTORNEYS AT LAW WWW.MILLERNASH.COM Mayor Craig E. Dirksen and City Council Members Page 2 example, the western portion of Wall Street, directly east of Hall Boulevard, has been built and is now developed with housing on one side and the library on the other. The library is a wonderful addition to the neighborhood and an important asset to the City as a whole. The adjacent Fanno Creek wetlands have been protected, and sensitively developed with popular pedestrian trails that serve the surrounding community. Over the last 3o years, local, state, and federal environmental protections have grown, and now protect much more of the land in this area. As part of its open space program, Metro recently acquired the parcel directly south of the site for park and open space purposes. Over the last several years, a substantial amount of residential development has been built to the east, west, and south of the site, at a mix of zoning densities including R -25, R -12, and R -7. The new Westside Commuter Rail ( "WES ") is the newest addition to the neighborhood. WES recently began service to this area, creating an important light rail corridor along the northern edge of this site. Overall, these changes have made the site increasingly unsuitable for industrial use. As you know, one of the Goal 9 factors related to industrial land is proximity to rail. The recent construction of the WES commuter rail along the site's northern border has eliminated freight access to the site. Recently, the railroad decided that it would not allow an at -grade crossing in this location, thereby preventing Wall Street from being extended north of the site. This inability to connect Wall Street to the industrial area to the north, combined with Metro's purchase of the industrial property to the south, and the other wetland areas to the west, effectively isolates this parcel from the surrounding industrial area. In addition, environmental legislation enacted over the past 30 years further constrains the property and makes it even more unsuitable for industrial use. Because of these constraints, Mr. Fields' property has become functionally isolated from other industrially -zoned property and is now surrounded by residential and civic uses, open space, and wetlands. On the other hand, this property's proximity to City Hall, the library, Fanno Creek, WES, and nearby medium- and lower - density residential neighborhoods, and the City's emerging Downtown, creates important opportunities to use this site for medium - density workforce housing. A substantial, well - planned, medium - density housing site in this location would significantly contribute to the synergy of the area and would sensitively protect the important habitat areas on the site in a way that industrial use could not. PDXDOCS:1836338.1 196080 -0005 PORTLAND, OREGON SEATTLE, WASHINGTON MILLER NASHLLP VANCOUVER, WASHINGTON CENTRAL OREGON ATTORNEYS AT LAW WWW.MILLERNASH.COM Mayor Craig E. Dirksen and City Council Members Page 3 2. Is the site still suitable for industrial use? Answer: No. In our testimony, we have explained in detail why the site does not meet the relevant site suitability factors for industrial use, listed in OAR 66o- 009 - 005(2) and (12) (Goal 9), and is no longer suitable for industrial use. For example: • Rail access to this site has been eliminated by WES. Industrial freight shipment to and from this site would therefore be limited to trucks. • Conflicts from increased truck traffic on Wall Street would create safety, noise, and maintenance problems and would not enhance the new library, residential, and open space uses located along that street. • The parcel is isolated from other industrial development to the north and east by the railroad, to the west by residential development and wetlands, and to the south by the Metro park parcel and its substantial stand of trees. • Environmental constraints significantly limit industrial development of the site. There is substantial evidence in the record that industrial development typically requires larger parking and maneuvering areas and larger building footprints than residential development would. Residential development can be more flexible and is better able to cluster development that can better respond to the environmental constraints presented, and is often able to use these environmental constraints as an amenity, rather than as a constraint. • Industrial development is not able to economically offset the high cost of extending Wall Street and other public infrastructure to the site. Residential rates of return would allow the high infrastructure costs associated with the development of this property to be financed by the development itself. Conversely, zoning the site for industrial use does not produce sufficient economic value to fund needed public infrastructure to serve the site, and development therefore acts as a significant development constraint, prohibiting industrial use of the site. PDXDOCS:1836338.1 196080 -0005 PORTLAND, OREGON SEATTLE, WASHINGTON MILLER NASH- VANCOUVER, WASHINGTON CENTRAL OREGON ATTORNEYS AT LAW WWW.MILLERNASH.COM Mayor Craig E. Dirksen and City Council Members Page 4 • The site lacks visibility from Hall Boulevard or Wall Street. Without adequate street visibility, this property is not suitable for office use, commercial use, or apartments. Single- family attached units of two to three stories, which are typically the building form used for medium - density workforce housing, do not require visibility from major streets and benefit from being near open space and other residential development. • The triangular shape of the parcel is not conducive to industrial development and significantly limits site design options. Because of these and other constraints discussed during the hearing and in our materials, the site has become unsuitable for industrial use, even though as staff points out, a large portion of the site is "buildable." It is important to understand, however, that "buildability" is not the relevant legal or practical standard for analyzing whether a particular site is appropriate for industrial use. Both under Goal 9 and from a market standpoint, a site can be "buildable" and still not be suitable for industrial use. The simple fact that a site may be "buildable" is not the controlling factor as to whether the site is appropriately zoned for industrial use. As the evidence in the record shows, site suitability requires the consideration of a number of factors, such as multimodal freight access, environmental constraints, isolation from other industrial development, and conflicts with other nearby uses. In this case, even though a large portion of this site is "buildable," other factors listed in OAR 660 - 009 -0010 described more fully above and in our testimony, make the site unsuitable for industrial use. 3. Does the city have a demonstrated need for workforce housing and is R -25 zoning compatible with the surrounding area? Answer: Yes. Changes in demographics, high gas prices and longer commutes on congested roads are generating more interest in smaller homes in both urban and suburban settings. With this relatively large site being located so close to the City's Downtown, directly adjacent to WES and other transit options, surrounded by employment opportunities, civic uses , open space, recreational opportunities, and residential development, it presents the City with an extremely important opportunity to add a substantial amount of medium - density workforce housing to the City's residential housing mix, in a synergistic way. The City has a demonstrated need for moderate - density workforce housing that is affordable to family -wage workers and their families, many of whom cannot afford to live in the City of Tigard, near their jobs. As we pointed out at the hearing, the PDXDOCS:1836338.1 196080 -0005 PORTLAND, OREGON SEATTLE, WASHINGTON MILLER NASH- VANCOUVER, WASHINGTON CENTRAL OREGON ATTORNEYS AT LAW WWW.MILLERNASH.COM Mayor Craig E. Dirksen and City Council Members Page 5 City's comprehensive plan indicates that there are 38,628 full- and part-time jobs in the City of Tigard, but the City has only 25,537 residents over the age of 16 in the workforce. Specifically, the City's new comprehensive plan makes our point in an explicit and definitive way: "Tigard is sometimes perceived as a bedroom community for nearby cities. This is not accurate. Tigard businesses provide 38,628 full and part time jobs in 2005 (State of Oregon Employment Department). This number is greater than the number of Tigard residents over the age of 16 in the workforce: 25,537 (O•E.D, 2006). Seventy percent of Tigard residents work outside the City, so thousands of workers from throughout the region are regularly commuting to Tigard jobs (2000 Census). The City shall seek to expand the opportunities for residents to work closer to where they live. This will require promoting a mix of high quality housing opportunities for households with varying incomes." (See Tigard Comprehensive Plan at 9 -1— 9 -2.) The City's new comprehensive plan clearly recognizes that there is a demonstrated need for workforce housing in the City of Tigard, especially when it can be located close to Downtown, close to light rail and employment centers as is the case with this site. This fact is true regardless of whether or not the City meets its target residential density. While the City can address part of its need for workforce housing through higher - density apartment -type dwellings, and through economic assistance for affordable housing, a substantial portion of the market wishes to own its own home. Evidence in the record indicates that many workers and their families want to own their own homes. Most residents do not want to become renters. Workforce housing helps provide this needed housing option, particularly on a site like this, located so close to Downtown. We recognize that during the zone change process, the applicant cannot "guarantee" a particular development and therefore cannot guarantee that workforce housing or any other specific type of housing product will be developed. Such a guarantee is not required. Nonetheless, the testimony we offered shows that the development on this site that would result from the proposed R -25, medium - density zoning would likely be workforce housing. This style of housing would be compatible with the surrounding area and would be able to meet minimum density requirements in that zone, while still protecting Fanno Creek, the wetlands, the wetland buffer, and most of the forested area on the site, by clustering development in the upland areas away from most of the trees. The evidence indicates that the style of housing on this site would likely be single- family attached units of two to three stories, on individual lots. PDXDOCS:1836338.1 196080 -0005 PORTLAND, OREGON SEATTLE, WASHINGTON MILLER NASH LLP VANCOUVER, WASHINGTON CENTRAL OREGON ATTORNEYS AT LAW WWW.MILLERNASH.COM Mayor Craig E. Dirksen and City Council Members Page 6 This style of housing would be compatible with the surrounding single - family neighborhood, and would provide support to the City's Downtown Plan and would also be supportive of the nearby open space and trail networks, by contributing to and extending public infrastructure into the site, including the public pathway and open space system along Fanno Creek. The testimony you heard from a potential purchaser /developer of this property furthers this conclusion. Not only is this developer seriously considering purchasing this property to provide a workforce housing development, but they are also the only developer with an active building permit in the City of Tigard for this type of development. As a result, the benefits of developing this property as one of the largest comprehensively planned residential developments in the City can be immediately realized to meet the City's workforce housing needs. 4. Will adequate public facilities be in place to serve the site prior to residential development? Answer: Yes. Staff has correctly cited to Comprehensive Plan Policies 15(A) and 8, which provide that: "A. Transportation and other public facilities and services shall be available, or committed to be made available, and of sufficient capacity to serve the land uses allowed by the proposed map designation." "Policy 8. The city shall require appropriate public facilities are made available, or committed, prior to development approval and are constructed prior to , or concurrently with, development occupancy." The extension of Wall Street from the west into the site will be constructed prior to or concurrently with development, in the same way that other streets are extended and improved into a development site, namely through the land division process, site design review, or through a combination of other land use reviews. In this case, the applicant is presently preparing an application to obtain the required sensitive lands review and other development permits to construct the extension of Wall Street from the west to serve the site. Water, sewer, and other public facilities that exist nearby and have adequate capacity will be extended into the site as conditions of development approval, as is usually the case. In short, adequate public facilities are available to serve the site, and will be constructed to serve the site prior to or concurrent with development occupancy, as required by the City's development code. PDXDOCS:1836338.1 196080 -0005 PORTLAND, OREGON SEATTLE, WASHINGTON MILLER NASHL-P VANCOUVER, WASHINGTON CENTRAL OREGON ATTORNEYS AT LAW W W W.M ILLERNASH. COM Mayor Craig E. Dirksen and City Council Members Page 7 5. Does Statewide Planning Goal 9 require the City to wait until periodic review before rezoning the site for residential use? Answer: No. Statewide Planning Goal 9 (Economic Development) does not require the City to wait until periodic review before it rezones property from industrial to residential use. On the contrary, Goal 9 expressly allows the City to amend its comprehensive plan and zoning map to rezone industrial property larger that two acres in size, through what is know is a "post- acknowledgement review process" ( "PAPA "), which is precisely the process we are using here. The City would have very little ability to perform beneficial zone changes if it could only do so through periodic review. DLCD staff has opined in their March 3 e -mail to the City, that "the proper time" to consider the City's opportunities and site requirements is during periodic review. They further suggest that "the change must be consistent with the current plan or it will trigger a full economic opportunities analysis." We respectfully disagree with DLCD staff on both counts. Goal 9 does not expressly say, nor does it imply, that the City must wait until periodic review to consider rezoning industrial land. It also does not require the City to submit a "full economic opportunities analysis" in order to justify amending its comprehensive plan or its zoning designation for this site. DLCD's e -mail wrongly paraphrases what the relevant Goal 9 rules actually say. Under the Goal 9 rules, pursuant to OAR 660 -009 -0010, if an applicant submits a request to the City for a PAPA that proposes to change the plan designation of land in excess of two acres within an existing urban growth boundary from an industrial use designation to a non - industrial use designation, the City must make a decision on that request. In such a case, the applicant must either request that the City: "(a) Demonstrate that the proposed amendment is consistent with its most recent economic opportunities analysis and the parts of its acknowledged comprehensive plan which address the requirements of this division; or "(b) Amend its comprehensive plan to incorporate the proposed amendment, consistent with the requirements of this division; or "(c) Adopt a combination of the above, consistent with the requirements of this division." (OAR 66o- 009 - 0010(4).) (Emphasis added.) PDXDOCS:1836338.1 196080 -0005 PORTLAND, OREGON SEATTLE WASHINGTON MILLER NASHLLP VANCOUVER, WASHINGTON CENTRAL OREGON ATTORNEYS AT LAW WWW.MILLERNASH.COM Mayor Craig E. Dirksen and City Council Members Page 8 In this case, as we explained during the hearing and in our written and oral testimony, we are proceeding under option (b) as described above, and have requested that the City "amend its comprehensive plan to incorporate the proposed amendment, consistent with the requirements of this division "(i.e., the applicable Goal 9 rules). We have provided extensive testimony and analysis regarding our compliance with the requirements of Goal 9, and have demonstrated why the site is no longer suitable for industrial use, pursuant to the applicable Goal 9 suitability analysis. Under option (b), the City does not perform a full economic opportunities analysis as suggested by DLCD. Only options (a) and (c) require an EOA analysis. Under option (b), the City directly applies the Goal 9 division instead of an EOA. The Goal 9 division states that only "suitable" lands shall be designated industrial. Substantial testimony is in the record demonstrating that the site is not "suitable" as that term is defined. The City is justified in removing this and from its industrial inventory because it is no longer suitable for industrial use. Keeping this site in the City's industrial lands inventory would be misleading to the City, the region, the state, and to the public generally. Oregon's Statewide Planning Goals do not require the City to keep misleading information in its comprehensive plan; on the contrary, Statewide Planning Goa and the City's comprehensive plan require the City to base its decision on an adequate and accurate factual base. The City should amend its comprehensive plan and zoning designation for this property to reflect the fact that the site is no longer suitable for industrial use. In doing so, we agree that the proposed trip cap proposed by ODOT and DLCD should be included as a condition of approval. Based upon the evidence in the record, we are confident that the site can be developed to comply with this reasonable trip cap. Concluding Remarks A. False inventory is deceiving and creates a barrier to economic development and jobs. Keeping this site zoned for industrial use, even though it is unsuitable for such use, is deceiving. Such zoning is not only deceiving, it conflicts with the City's overall goal of maintaining an up -to -date comprehensive plan. It also conflicts with Statewide Planning Goals 2, 9, and 14, and with provisions in the City's comprehensive plan that implement these goals, because it perpetuates an inaccurate factual base for the City's planning efforts. It is also unfair to Mr. Fields. Once it becomes clear that the zoning designation on a particular site has become outmoded, it should be changed. Including unsuitable industrial property in PDXDOCS:1836338.1 196080 -0005 PORTLAND, OREGON SEATTLE, WASHINGTON MILLER NASH LLP VANCOUVER, WASHINGTON CENTRAL OREGON ATTORNEYS AT LAW WWW.MILLERNASH.COM Mayor Craig E. Dirksen and City Council Members Page 9 the City's industrial land inventory creates false inventory in the city's industrial land base. In doing so it understates the shortage of industrial land in the City and the region, and effectively prevents policy- makers from having an accurate picture of the local and regional industrial land supply. Unless policy- makers have an accurate picture of both the supply and demand for industrial land, they cannot properly analyze economic opportunities within the City and the region, and plan accordingly. In short, the outmoded zoning on this site does not create economic opportunity or jobs, as suggested by staff —it creates a land use barrier to achieving these goals, and is precisely what our request is attempting to remedy. Your comprehensive plan, along with Statewide Planning Goals 2, 9, 10 and 14, all support our effort to rezone this property in order to remove this regulatory barrier, and in doing so, convert the site into an economic opportunity that will benefit the entire City and help stimulate and improve the economy, the neighborhood, and the development of Downtown. B. Staff initially supported our proposed rezoning. We also ask that you keep in mind how frustrating this land use process has been for Mr. Fields. As you know, our zone change request was initiated last year, after several unsuccessful efforts to market the property for industrial use failed. Last year, he approached city staff to explore other zoning alternatives that might make the site more marketable. At that meeting it was suggested that the site could be rezoned to residential use, and the City enthusiastically supported that idea. It was not until the staff report was released, roughly one week before the initially scheduled Nanning Commission hearing in December, that we learned that city staff had changed its position and was recommending denial. C. Staffs change in position is based primarily on its concern about reducing the acreage shown in its industrial land inventory, and its belief that no additional density is needed to meet the City's residential density target. At the Nanning Commission hearing, and again before Council, city staff reiterated their position regarding the acreage shown in the City's industrial and inventory and the housing density target. It is important for Council to recognize that staffs observations about industrial and and residential density are based on incomplete information. While we understand that the City currently lists this property in its light industrial land inventory, that inventory is based on a document prepared twenty years ago that did not consider the site suitability factors as required by Goal 9. It simply assumed that because the site was "buildable" that it was suitable for industrial use. Over time, that assumption has proven to be incorrect. PDXDOCS:1836338.1 196080 -0005 PORTLAND, OREGON SEATTLE, WASHINGTON MILLER NASH«R VANCOUVER, WASHINGTON CENTRAL OREGON ATTORNEYS AT LAW WWW.MILLERNASH. COM Mayor Craig E. Dirksen and City Council Members Page 10 The evidence in the record clearly shows that this property is not suitable for industrial use. Several expert witness have testified that this site is false inventory in this City's industrial land base because the site is not suitable for industrial use In short, staffs conclusion that rezoning this site would result in the loss of jobs and economic development is based on a flawed premise and is therefore both misleading and wrong. There is substantial evidence in the record that this property is not suitable for industrial use. Removing this false inventory from the City's industrial inventory will have no net effect on the supply of suitable industrial land, and will provide a more accurate picture of the City's supply of suitable industrial land. Under staff's strained analysis, a site in the City could be the most unsuitable site in the state for industrial use, and under their analysis, would still not qualify for a zone change, because Tigard is low on industrial land. Under this flawed approach, urged by staff, the facts relevant to a specific site must be ignored if the City has a shortage of land in that specific zoning category. As we explained in our testimony, both the City and region need accurate information on which to make future planning decisions. This is particularly important as the City continues with periodic review and as Metro moves forward with the urban reserve process. If the City continues to list this 25 -acre property as being suitable for industrial use, it will continue to overstate its light industrial inventory and understate its industrial land needs. The sooner the City and the region have accurate information with regard to its industrial land supply, the sooner the City and the region will be able to develop realistic economic development strategies. Staffs belief that no additional residential density is needed to meet the City's residential density target is, once again, based on incomplete and deceiving data. This 25 -acre site is located along the new WES line and is extremely close to Downtown, City Hall, and the new City Library. It is well served by Tri -Met bus service, and is located near thousands of jobs. The City currently suffers from an imbalance between the number of jobs in the city and the number workers who live in the City. The result being that many people who work in Tigard cannot afford to live here. This imbalance results in longer commutes, more congested roadways, and an increasing separation between where people in Tigard work and where they live. The City's residential density target relied upon by staff does not sufficiently address the City's need for workforce housing. Continued reliance on the target density metric alone, as the litmus test of whether or not additional land is needed for particular types of housing in particular locations, misses the point with regard to the significant need the City has for workforce housing and the opportunities PDXDOCS:1836338.1 196080 -0005 PORTLAND, OREGON SEATTLE, WASHINGTON MILLER NASHE-R VANCOUVER, WASHINGTON CENTRAL OREGON ATTORNEYS AT LAW WWW.MILLERNASH. COM Mayor Craig E. Dirksen and City Council Members Page 11 this site presents to serve as a catalyst for Downtown and housing affordability by creating a large, well - planned site for workforce housing, so close to Downtown, the transit corridor, civic uses, an open space and recreational corridor, other homes, and hundreds of nearby jobs. In short, we are confident that appropriate findings can be drafted to support approval of our proposed zone change, particularly based on the need for workforce housing. D. DLCD's comments are primarily procedural, not substantive. DLCD staffs concerns are primarily focused on the procedural question of whether the City can approve this rezoning now, or whether it should wait until periodic review to do so. We understand DLCD's long- standing preference for comprehensive plan amendments to be accomplished during periodic review. However, Goal rules do NOT require the City to wait until periodic review before rezoning this site. On the contrary, OAR 660 - 009 - 0010(4) expressly allows local governments to rezone industrial properties larger than two acres, through the process we are presently using — which is technically known as a PAPA process. While we recognize that DLCD prefers that local governments amend their land use plans through the periodic review process, DLCD rules both recognize and allow the common practice of local governments, which is to amend their zoning and comprehensive plan maps for individual sites, through the PAPA process that we are using in this case. There is nothing unusual or illegal about using the process we are following in this case. It is also important for Council to understand that waiting for periodic review accomplishes nothing. Waiting will not change the underlying issue in this case, which is that the site is unsuitable for industrial use. Waiting will not make the site more suitable for industrial use. Waiting will not change the City's need for workforce housing. Waiting will not change the fact that this is an extremely convenient, transit- supportive site, that can be master planned for moderate - density housing. Locating workforce housing in this location will both support and energize the emergence of Downtown Tigard. Waiting will not change the fact that this site is extremely close to Downtown, close to transit, civic and open space uses, and to several nearby employment centers. In short, waiting accomplishes nothing. E. Periodic review should not be used as a way to delay the removal of an outmoded industrial designation that burdens this property and prevents it from developing. Under Oregon's and use planning process, industrially -zoned land within the urban growth boundary is expected to develop for industrial use. Under Goal 9, we PDXDOCS:1836338.1 196080 -0005 PORTLAND, OREGON SEATTLE, WASHINGTON MILLER NASHLLP VANCOUVER, WASHINGTON CENTRAL OREGON ATTORNEYS AT LAW WWW.MILLERNASH.COM Mayor Craig E. Dirksen and City Council Members Page 12 plan for a 20 -year land supply. This large parcel has remained undeveloped for over 30 years. Its inability to develop is not due to an oversupply of industrial land, nor because of weak demand. This large site had not developed because it has become unsuitable for industrial use. The site will not become any more suitable for industrial use by waiting for periodic review, nor will periodic review make the site any more developable for industrial use. For these reasons, waiting for periodic review accomplishes nothing in terms of making the site more suitable for industrial use —it simply delays the removal of the outmoded industrial designation that currently burdens this property and prevents it from developing. In short, the basic zoning problem needs to be resolved now. The industrial designation for the site is outmoded and needs to be replaced with a medium - density R -25 designation that will stimulate development of the site in an environmentally sensitive way that furthers the City's housing and economic development goals and its plan for a revitalized Downtown. For all of the above reasons, we ask that you approve our proposed comprehensive plan amendment and zone change request for this important site. Thank you again for your continued attention to this matter. Very truly y urs, Phillip . Grillo cc: Mr. Fred Fields Ms. Cheryl Caines Mr. Rhys Konrad PDXDOCS:1836338.1 196080 -0005 Agenda Item # �l Meeting Date March 24, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Building Division Business Plan Progress and Direction Prepared By: Toby LaFrance Dept Head Approval: 11—/ City Mgr Approval: ISSUE BEFORE THE COUNCIL This is an informational meeting with the Council to discuss Building services. Staff will present the concepts of a Business Plan for the Building Division. As part of the Business Plan, policy direction is needed in three areas of Building: Will we continue to provide the service? Level of quality of service? How are services funded? STAFF RECOMMENDATION NA KEY FACTS AND INFORMATION SUMMARY Direction needed to complete Business Plan for the Building Division. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS ATTACHMENT LIST Power Point presentation on the Building division Business Plan and Direction. FISCAL NOTES \\ tig20 \inetpub\tig20 \wwwrootVOims\form docs\council agenda item summary sheet 07.doc Building Division Concepts for a Building Division Business Plan March 24, 2009 Policy Directions • Will Tigard provide Building services? • What level of Building inspection quality should Tigard provide? • How will Building services be funded? TIGARD 2 Business Plan Model Funding Service Level Demand for Assumptions Building Services Cost of Service Fee Per Service Division Division Expense Revenues TWARD 3 Service Options Service Level • Services can be provided by: - Washington County — In partnership w/ another city — Tigard. • If given to Washington County, it will take 3 -4 years to get it back (ORS 455.148) • If services are provided by Tigard, alone or in partnership, the City maintains control of service levels and responsibility for funding. II rIcnkn 4 The Inspector's Day Service Level • In an 8 hour day, there is fixed time: - 1 hour to orient the day - 0.5 hour in paid breaks - 0.5 hour to wrap -up the day. • That leaves 6 hours for field time: — Drive time = 10 minutes for each 2 inspections. — Inspection time divided into remaining time. II I 1 TIGARD 5 Historical Service Level q Service Level • Historically, Tigard Building Inspectors have performed an average of 12 inspections per day. • At 12 inspections per day, Inspectors have 25 minutes to complete each inspection. TIGARD 6 Service Level Assumption Srve Level • More inspections per day means that each inspection costs less. • At 20 inspections per day, effective and safe inspections are compromised. • Comparable Cities: City Inspections / Inspector / Day Tualatin 7 Corvallis 10 Salem 1 1.5 Oregon City 13 1 1 1 11 1 Beaverton 19 1 TIGARD 7 Service Level Service Level Options Inspections / 12 15 20 Day Drive Time I hour 1 hour I hour 15 minutes 40 minutes Inspection Time 5 hours 4 hours 4 hours 45 minutes 20 minutes Time per 25 minutes 19 minutes 13 minutes Inspection Inspections /yr 2,256 2,820 3,760 More Inspections leads to lower I . 'I service. •Council Policy Discussion. TIGARD 8 Cost of Service Cost of Service • Building Services includes a number of components: — Front Counter — Plan Review — Inspections — Overhead. • Fees pay for Plan Reviews and Inspections. • Front Counter and Overhead costs are I II rolled into cost of inspections and plan ■ reviews. Tic;nxD 9 Division Division Expense Expense • With the forecast of demand for Building Services, the number of plan reviews and inspections is known. • At the set service level, Tigard can match staffing to meet demand. • With staffing known and overheads calculated, the total cost of the division is determined. TIGARD 10 Funding Questions Assumptions • Does Building pay for itself through fees? • If not, what are other funding alternatives? • Do Building fees include reserves? — Work in Progress — Economic Stability — Other (e.g. Equipment and Technology) • Should some fees be set below the cost of service for life safety reasons and offset by "Pi fees set above cost? TIGARD • Council Policy Discussion. Building Fees Fee Per Service • Building Fees are set by using a Valuation Table set by the State every 6 months And • The Fee Table that uses the structure of the Universal Building Code of fee per valuation. • The amounts in the Fee Table are 1 1 1 determined by Tigard City Council. TIGARD 12 Division Revenue Revenues • With the forecast of demand for Building Services, the number of plan reviews and inspections is known. • Based on the fee table, the range of revenue generated by the demand can be calculated. TIGARD 13 Alignment of Expense and Revenues • Goal of the Business Plan is to provide financial stability to the Building Fund. • Policy direction from the Council, combined with a conservative forecast of demand for Building services is key. • Policy Direction: — Service Level — Funding Assumptions TIGARD 14 Next Steps • Staff will continue to refine the model based on Council policy direction. • Staff wants to meet with constituency to discuss assumptions and the forecast. • The end results of the Business Plan will be to recommend targeted changes to: — staffing to meet service level and demand — the fee table where costs and fees don't align. • Changes will be addressed to the Budget TIGARD Committee 15