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City Council Packet - 08/25/2009
z City of f Tigard Tigard Business Meeting - Agenda TIGARD CITY COUNCIL, LOCAL CONTRACT REVIENv BOARD (LCRB) & CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE: August 25, 2009 MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 tfit 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. Tunes 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 an order after 7:30 .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 Gty 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 (IDD - Telecommunications Devices for the Deaf). 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: Tlnusday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - August 25, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of 4 City of Tigard Tigard Business Meeting - Agenda TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) & QTY CENTER DEVELOPMENT AGENCY (CODA) MEETING DATE /TIME: August 25, 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 EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (h) for consultation with counsel concerning legal rights and duties regarding current litigation. or litigation likely to be filed. All discussions are confidential and those present may disclose. nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Annual Police Department Temporary Holding Facility Tour and Inspection - Police Department Update on Highway 217 Interchange Management Study 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 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Chamber of Commerce Report • Citizen Communication - Sign Up Sheet • Follow-up to Previous Citizen Communication TIGARD CITY COUNCIL/LCRB/CCDAAGENDA.-- August 25, 20.09 Gtyof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov j Page 2 of 4 r 3. CONSENT AGENDA. (Tigard City Council and Local Conti-act Review Board) These items are considered to be routine and maybe enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes for July 14 and 21, 2009 3.2 Receive and File: a. 2008 Police Department Annual Report b. City Center Development Agency Financial Impact Report 3.3 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 Year Two of the Safe Schools Grant Program 3.4 Local Contract Review Board: a. Award Contract for Construction of Steve Street Water Quality Enhancement Project b. Award Contract for Construction of Hall Boulevard Sidewalk from Bonita Road to 600 feet North Call to Order the City Center Development Agency (CODA) 4. REVIEW TIGARD TRANSIT CENTER DEVELOPMENT OPPORTUNITY STUDY • Staff Report - Community Development Department Adjourn City Center Development Agency and Convene City Council 5. CONSIDER AFFORDABLE HOUSING FEE ASSISTANCE REQUEST • Staff Report - Community Development Department 6. REVIEW 2009 OREGON LEGISLATIVE SESSION AND ANALYSIS OF ADOPTED LEGISLATION SUPPORTING QTY COUNCIL'S PRIORITIES • Staff Report - Administration Department 7. URBAN/RURAL RESERVES DISCUSSION • Staff Report - Community Development Department 8. COUNCIL GOAL UPDATE • Staff Report - Administration 9. CITY GAS TAX AMENDMENT (Item No. 9 is pending direction from City Council at August 18, 2009 Workshop Meeting) • Staff Report Finance and Information Services Department TIGARD CITY COUNCIL/LCRB/CCDAAGENDA - August 25, 2009 City of Tigard 13125 SW HA Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 3 of 4 ~ r 10. COUNCILLIAISONREPORTS 11. NON AGENDA ITEMS 12. ADJOURNMENT I/ ADIA/ Cathy/ CCA/ 2 009 / 090714,doc TIGARD CITY COUNCIL/LCRB/CCDAAGENDA August 25, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 www.tigard-or.gov Page 4 of 4 City of Tigard Study Session - Agenda Fla TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: August 25, 2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW M Blvd., Tigard, OR 97223 6:30 PM EXECUTIVE SESSION: The Tigard City Council will go into Executive Session Linder ORS 192.660(2) (e) and (h) for real property transaction negotiations, and consultation with legal counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or malting any final decision. Executive Sessions are closed to the public. STUDY SESSION Annual Police Department Temporary Holding Facility Tour and Inspection - Police Department Attachment 1- Agenda Item Summary for Facility Tour and Inspection Update on Highway 217 Interchange Management Sturdy Attachment 2 - Agenda Item Summary for Management Study w Administrative Items - For tonight's meeting- * Attaclunent 3 - Agenda Item No. 7 - Washington County Urban and Rural Reserves Process August 20, 2009 memo from John Floyd o Attachment 4 - Agenda Item No. 11 (Non Agenda - subject to outcome of City Council Executive Session discussion) - Agenda Item Summary to authorize City Manager to sign Expenditure Request for Stevens Marine Right-of-Way and Easement Acquisitions. Council Meeting Calendar. September 2009 S Business Meeting - 6:30 p.m. Study Session/7:30 p.m. Business Meeting, Town Hall 15 Workshop Meeting - 6:30 p.m. Workshop Meeting, Town Hall 22 Business Meeting - 6:30 p.m. Study-Session/7:30 p.m. Business Meeting, Town Hall 29 Special Meeting Strategic Planning - 6:30 p.m., Location TBA TIGARD CITY COUNCIL STUDY SESSION AGENDA - AUGUST 25, 2009 crty of Tigard 13125 SW Hall Blvd., Tigard, OR 97723 1 503-639-4171 wwwaigard-ongov Executive Session - The Publcc Meetings Lazy 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 dcsa-l to certain persons for deliberation on certain matters." Pernussible 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 bylaw 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 EkEly 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) 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) (li) - Relates to health professional regulatory board. 192.660 (2) 0)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. IAADh1\Cadsy\CCA SS - Pink Shect\203 9 /09 03 10.doc TIGARD CITY COUNCIL STUDY SESSION AGENDA - AUGUST 25, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-ongov Agenda Item 7 Meeting Date Auk tst A 2009 a COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Annual Police Department Tempoi -v Holding Facility Tour and Inspection Prepared By. WSam Dickinson Dept Head Approval: ` ' M 0 City Mgr Approval: L`II~ ISSUE BEFORE TI-IE COUNCIL The City Council is asked to conduct a tote- and inspection of the Police Depa -tments' temporary holding facility as indicated by the Oregon State Department of Corrections Facilities Inspector. STAFF RECOMMENDATION Staff recommends that the City Council conduct the tofu- and inspection of the police temporary holding facility on August 25, 2009. KEY FACTS AND INFORMATION SUMMARY The Police Department has completed mandatory information reporting for the Oregon Commission on Children and Families, regarding all custodies involving juveniles, annual audits of our temporary holding facility, and nightly inspections bythe supervisory staff. Diu-Lng an audit conducted by the Oregon State Department of Corrections in 2005, the state inspector made sc.-eral findings. The Police Department has since complied with those findings and implemented processes to ensure compliance. The state inspector stated that the City Council should conduct an annual tour and inspection of the facility as the governing body for the City of Tigard. OTHER ALTERNATIVES CONSIDERED The Council may choose not to conduct an inspection. CITY COUNCIL GOALS N/A ATTACHMENT LIST N/A FISCAL NOTES N/A A HaC hm e4 2 Agenda Item # -164 arc, fl"~s I r) P1 Meeting Date August 2~, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Highway 217 Interchange Mana eme Stud Prepared By: Agi1srin~P. Dias Dept Head Approval: fl-~ City 11Igr rlppxoval: ISSUE BEFORE THE COUNCIL Infolmational briefing to Council on the Highway 217 Interchange Management Study c=endy underway. STAFF RECOMMENDATION That Council stay abreast of the progress of the study. KEY FACTS AND INFORMATION SUMMARY The Highway 217 interchange study funded through congressional earmarks is in the initial stages. This is a study to determine if there are any improvements that can be implemented at a reasonable cost along the Highway 217 corridor from Walker Road to Greenburg Road. The original concept identified for the earmark funding involved construction of braided ramps between Beaverton-Hillsdale Highway and Allen Boulevard. That project turned out to be much more expensive than originally envisioned, primarily because of environmental issues that need to be addressed. This study will look for a project that can reasonably be funded in the next few years but would achieve significant benefits while conforming to the long-term plan for Highway 217 expansion. It was initially identified as a Ramp Meter Study, but will look at a wide variety of solutions besides that. Both the cities of Beaverton and Tigard axe concerned that solutions that may work for Highway 217 may adversely impact local collectors and arterials. As a result, staff from froth cities, from Washington County, and ODOT (Oregon Department of Transportation) are actively involved in the study as it progresses and are represented in die Technical Advisory Committee. A project kickoff meeting (hosted by Region 1 Manager Jason Tell) involving the mayors of both cities and other elected officials was conducted on August 11, 2009 at ODOT Region 1 headquarters. A workshop with elected stakeholders is currently planned for mid-October 2009 to share information and discuss the project selected for implementation. Council will be given a short briefing on the scope of die study, on the schedule for completion of the work, and on the role and participation by staff and elected officials in the formulation of solutions that can improve portions of tie corridor and fit into the longer term plan for corridor improvement. OTHER ALTERNATIVES CONSIDERED N/A 1 CITY COUNCIL GoAm J A long-term goal of Council is to "pursue opportunities to reduce traffic congestion in Tigard." Improvements on Highway 217 would allow for better traffic movement on that highway and should draw traffic currently using City streets as alternate routes. As a result, the project should likewise improve traffic flow on City streets. ATTACHMENT LIST 1. Meinorandurn to Council dated July 15, 2009 without attaclunents (attachments are updated with this agenda item). This was provided to Council with the July 17, 2009 Council Newsletter. 2. Updated Please 1 Project Structure (Flowchart) 3. Updated Phase 1 Conceptual Task Schedule FISCAL NOTES The funding available through a mix of congressional earmarks and MTIP funds is approximately $1.1 million for Phase 1 (the study) and initiation of Phase 2 (NEPA-Compliant Environmental Study) if a project can be developed from Phase 1. is\n+~~us~couucil xEu+t?ssunumrix %2U0718.2i-091,qh-g217 irvtachv+,Ge +nv+ageznurc study-d- 2 i~ MEMORANDUM a 1 . TO: Mayor and City Councilors Craig Prosser, City Manager FROM: Gus Duenas A-~ City Engineer RE: Highway 217 Interchange Management Study DATE: July 15, 2009 Background The Highway 217 interchange study funded through congressional earmarks is in the initial stages. This is a technical study to determine if there are any improvements that can be implemented at a reasonable cost along the Highway 217 corridor from Walker Road to Greenburg Road. It was initially identified as a Ramp Meter Study, but will look at a Nvide variety of solutions besides that. A letter of support for initiation of the study was sent to ODOT in the fall of 2008 by each of the affected jurisdictions. The funding available through a inix of congressional earmarks and MTIP funds is approximately $1.1 million. The study is being performed by ODOT using their Work Order Contracts to retain one of their on-call consultants. Both the cities of Beaverton and Tigard are concerned that solutions that may wont for Highway 217 may adversely impact local collectors and arterials. As a result, staffs from both cities and Washington County have been actively involved tivith ODOT in the development of the study and are represented in the (TAC) Technical Advisory Committee to guide the work, review the deliverables, and participate in scheduled workshops as the study progresses. Metro is not involved in the initial phase of the study. This technical study will use the results of previous studies of the Highway 217 corridor as a starting point to analyze potential opportunities for modification of access to Highway 217 in an effort to reduce congestion and improve safety during morning and evening peak hours of travel. The study will take into account the long-team importance of the highway for regional autotmobile and freight mobility, and its relationship to and impact on the nearby local transportation system, businesses and residents. Scope of Work DIES Associates has been contracted to perform the study and provide recommendations on potential projects that can be reasonably funded during the next few years. Any solutions should fit into the long-term improvement plans for the highway. The study is divided into two phases. The funding available will be used to perform Phase 1 with the balance reserved to begin Phase 2, should Phase 1 clearly identify a preferred alternative to pursue for implementation. Phase 1. The consultant team will initially loop for a feasible project that would provide substantial benefit at reasonable cost. This project will be analyzed in sufficient detail to determine feasibility of implementation with funding that can be made available during the next few years. Because this is a technical study focused on selecting a specific project, public engagement for Phase 1 twill be limited. . In addition to the specific project selected, the team will develop a list of potential projects in priority order for further analysis and potential implementation later. All the projects selected roust fit into the long-term plans for Highway 217. As these projects are explored in greater detail in the future, there presurnably will be citizen involvement integrated into the process. There will be at least one workshop for elected officials and other stakeholders scheduled either in September or October (depending upon the progress of the study) to discuss the selected project and to determine if the project should )move into Phase 2. The TAC, working in conjunction with the stakeholder group, will select the project to advance to Phase 2. Phase 2 Phase 2 will be the NEPA-Compliant Environmental Study necessary to move the project into implementation. The scope of work for this phase will be developed as Phase 1 nears completion. Public involvement will be an integral part of Phase 2, if a project is selected to advance into this phase. Attached are a flow chart showing the Phase 1 Project Structure and the Phase 1 Task Schedule for the next 5 months. The study scope, schedule, and involvement of elected officials and other stakeholders will be discussed in the Council Study Meeting on August 25, 2009. Attachment: Phase 1 Project Structure (Flowchart) Phase 1 Task Schedule c: Ron Bunch, Comimuf-Iity Development Department Director Darren Wyss, Long Range Planning Mike McCarthy, Project Engineer i-\cug\6us\mcmurandtzms\2009\hightvac 217 interchange management Snrdc.dnc U] O O U V) CSI] Q N C ~%1 U y ~ C S~. C +0(i cc O (D n N CL U) -5 rm! (0 E a) M o N U) ° ~ E L U E _ E W In d ¢ it, `u N 3 a> o D tea w o D n ~UW n zLU > - U) 4 ~ m - Co CO Z 0 M ca E E •N Q.. 0- m a 0 N N N~ C ~d LLC'J ~b a. c o cn a ~ CD U a ? 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(fj O ro LL o c`n 76 Q C~ w U Y ° U U ro U o U O a r N CrJ r N cr r N r CW r LV cri d; U r N C1[ N C*7 C7 li li L6 Ln u7 LO r- r r r (V N~ Y Y 1 Y X X Y Y Y Y Y Y Y e E6 U) En (n fn U) (D (D ul In U) ul (n O ~a .~~Ch City of Tigard Agenda Item No. Meeting of Q :S- o q . , Memorandum To: Mayor Dirksen and Tigard City Council From: John Floyd, Associate Planner Re: Washington County Urban & Rural Reserves Process Date: August 20, 2009 Attached to this memorandum is a copy of Tigard's narrative that vas submitted to Washington County and Metro earlier this week as part of the Urban and Rural Reserves project being undertaken across the region. This narrative identifies and proposes approximately 888 acres of land to be placed into Urban Reserves, consistent tivith Tigard's expectation that some expansion of the city's limit can be expected within the next 40 to 50 years. This transmittal is intended to keep Council abreast of current actions being taken by staff. CITY OF TIGARD EXPECTED SERVICE AREA City overview / Background Incorporated in 1961, the City of Tigard has experienced rapid growth over the years. This growth can be attributed to many factors, primarily the close proximity to Portland and easy access to major transportation facilities such as I -,vy 99W, Hwy 217, and l-5. At incorporation, the city had a population of 1,084 residents. Almost fifty years later, Tigard has grown to become Oregon's 1101 largest city with 47,150 residents in 2008. Along with population growth, Tigard's land area has increased to 7,570 acres and the economy grown to 37,861 jobs. The present employment to population ratio is approximately 0.8 jobs per resident. Approximately 61% of land within Tigard is comprehensively planned to accommodate residential uses, ranging from low-density single-family homes to high-density multi-family dwellings. Commercially designated uses compromise approximately 10% of the City's land use area, and Industrial uses around 9%. Almost 9% of the City is planned for mixed-use, which allows for various combinations of commercial, industrial, and residential uses. The remainder of the City* is planned for open space and institutional uses, at 8% and 3% respectively. The 2008 Buildable Lands Inventory (BLI) included only 7% of the total land area of Tigard. The majority of land included was residential, primarily low and medium density. Approximately 87% of residential lots were less than one acre in size, and over half of a!1 residential lots were less than 10,000 square feet in size. No Community Commercial or Neighborhood Commercial was identified. While new development is not limited to properties included in the BLI, the low percentage of BLI properties and their small size point to the likelihood of increased pressure to redevelop properties, to increase density, and to look to mixed use areas to absorb more residential development. Such pressure would be reinforced by Tigard's unique position as the only Washington County city landlocked by urbanized land uses, including the unincorporated residential development in the vicinity of Bull Mountain, which prevents the annexation of undeveloped rural lands. As a result, the extension of municipal services to growth areas 63 and 64, though probable, is not a certainty. The City= of Tigard's current aspirations are to provide functional, multi-modal transportation connections between Tigard and the Metro Region, as wellas focal and sub-regional centers and corridors including the Washington Square Regional Center, the Downtown Tigard Town Center, the Tigard Triangle, and the Hwy 99W corridor. These connections are critical to integrate the urban functions found in these areas to create a synergy of urban density land uses that move Tigard towards a complete community. Concurrent with that, the City is committed to the protection and maintenance of the single family pattern of its existing neighborhoods. Such aspirations are reflected in the 2040 Metro Growth Concept and Tigard's ongoing long range planning and redevelopment activities. City of Tigard Expected Service Area Narrative Urban Deserves Findings 1 Tigard aspires to absorb another 17,504 additional dwelling units and 31,845 additional jobs within the existing city limits. Assuming 2.48 persons per household, approximately 43,410 additional residents will reside in such housing. The distribution of the new dwelling units is as follows: 3,476 dwelling units (Tigard Buildable Lands Analysis, January 2008) 2,500 dwelling units (Tigard Downtown 2058 Redevelopment Aspiration) 3,008 dwelling units (Tigard Triangle Aspiration: 470 acres x' 16%1 x 40 units/acre) 5,000 dwelling units (99W Corridor Aspiration: 200 acres x 50%2 x 50 units/acre) 3.520 dwelling units (Washington Square Aspiration. 550 acres x 16%2 x 40 units/acre) 17,504 total additional dwelling units Similarly, the City aspires to increase employment density in its employment areas and: maintain a balanced jobs housing ratio of 1.7 jobs per household, with a minimum of 1 job per household added. This outcome can best be achieved when new urban land is annexed as part of a community that already possesses a healthy jobs/household balance, such as Tigard. Furthermore, Tigard is making land use and policy decision to increase employment density on existing employment lands, though precise numbers are hard to predict due to economic uncertainties. As such, Tigard would respond to provide appropriate new employment lands for economic development if conditions warrant. Urban Reserve Candidate Area The candidate urban reserve area that Tigard is proposing is approximately 888 acres in size, and located in Southeast Washington County, westerly of Tigard and north of the Tualatin River National Wildlife Refuge. The current planning designations for these lands are Exclusive Farm Use on the southerly portions of the candidate area, and Agriculture and Forest Use along Scholls Ferry Road to the north. The candidate area is noncontiguous to the City of Tigard, with the unincorporated urbanized areas of Bull Mountain forming a barrier between Tigard City Limits and this growth area, preventing near term annexation by the City. Annexation of several unincorporated properties or County right of way will be necessary to enable the extension of city services to this area. In the longterm, Tigard expects the annexation of its full urban services area and the proposed candidate lands for the following reasons: D The probable annexation of the unincorporated but urbanized Bull Mountain area by the City of Tigard, lands which are contiguous to the candidate area and presently within the Urban Growth Boundary and the Tigard Urban Planning Area, due to the City's ability to provide the full range of urban services to this community over the long term. 5 year trend (2003-07) shows 16% of new development not captured by Tigard Buildable Lands Inventory 2 Assumes 50% redevelopment of property with High Capacity Transit development along 99W City of Tigard Expected Service Area Narrative Urban Reserves Findings 2 S The County and its cities have committed through the recently completed urbanization forum process to not undertake any further unincorporated development. Tigard is the closest City with the capacity to provide these services. The City recognizes that new population and job growth cannot be accommodated by infill and redevelopment alone, and new lands will be needed to be added to the Urban Growth Boundary. Tigard is the logical provider of services to the candidate area. ➢ The location of existing and significant north-south and east-west transportation Facilities alongside the candidate area, and its reasonable proximity to high capacity transit along the Hwy 99W corridor, reduces the burden of transportation costs necessary for Tigard and other supporting service districts to develop and service this area, and future residents to travel to and from Tigard and the broader region. The anticipated expansion of Beaverton and Icing City along the Northern and Southern edges of the candidate area will provide the opportunity for the three cities to cooperate in providing key services such as water service and transportation. Approximately 248 acres of Tigard's expected service area has been included in Washington County's West Bull Mountain Concept Planning Area, otherwise known as the Rural Element (WBM-R). Despite its current location outside of the Urban Growth Boundary, Washington County included this area as part of the ongoing concept planning process for Areas 63 and 64 based on the existing road layout and advantages of master planning both 63 and 64 as one contiguous and interconnected community. This portion of the candidate area is bordered by SW Roy Rogers Road to the west, SW Beef Bend Road to the south, Area 63 and 64 to the North, and Sly' 15011' to the east (Figure 1). Small farms and rural residential parcels are the predominant land use. The retmunder is approximately 640 acres in size and bounded by Scholls Ferry Road (Oregon Route 210) to the North, Vandermost Road to the West, the Tualatin River National Wildlife Refuge to the South, Area 64 to the northwest, and West Brill Mountain Planning Area to the Southeast (across Roy Rogers Road). Land uses are comprised primarily of small farms, a vineyard, nurseries, and forested lands. Topography of the site is varied with an elevation change of approximately 120 feet from highest to lowest point. Areas of relatively flat and moderately sloped agricultural and forest land are separated by steep slopes and unnamed stream corridors that drain into the Tualatin River to the South and East. Regional access to these lands occurs through three major roads contiguous or bisecting the area: SW Scholl's Ferry Road, SW Beef Bend Road, and Roy Rogers Road, all of which are classified as arterials in Washington County's 2020 Transportation Plan. Other points of access include SW Bull Mountain Road, a collector street; and SW Vandermost Road, a local street, as classified in the Washington County 2020 Transportation Plan. Public Transit does not service the area at this time. Pre-Qualified Concept Plan Figures 1 and 2 show those areas proposed for an Urban Reserve designation by the City of Tigard. As discussed above, Washington County has already initiated concept planning for approximately 248 acres of Tigard's expected service area which is marked as the West Bull ?Mountain Planning Area - Rural Element on Figure 1. City of Tigard Expected Service Area Narrative Urban Reserves Findings 3 At this time, Tigard has not concept planned the remaining 640 acres west of Roy Rogers Road as such an J a action would be premature and potentially misleading to landowners and other stakeholders. Furthermore, given the geographic and legal constraints that presently prevent Tigard from annexing these lands in the near future, and the City's inward looking aspirations for the near future, it is likely that significant time will elapse before this noncontiguous area is considered for inclusion in the UGB. Geographical constraints will not change, but other facts such as environmental regulations, community preferences, demographics, and market demand are subject to considerable adjustment over time. As a result any concept planning should wait until that time to ensure accuracy and prevent undue market influence on landowner expectations. Future concept planning for the area will be consistent with the following assumptions: Tigard will be the primary service provider for urban services including water, parks, and police services. Washington County Clean Water Services and Tualatin Valley Fire & Rescue will continue to service the area, in coordination and/or partnership with the City of Tigard. Future land use designations will support the comprehensive development of Area 63, 64, and the 888 acres of candidate lands into a complete community consistent with the 2040 Growth Concept or successor Metro policies. Such land uses would likely include housing and transportation choices, employment areas, commercial and civic services, access to nature and recreational facilities, and a sense of place and community. ➢ Residential land uses are anticipated to be the dominant land use, and built at an average density of 10 to 12 units an acre. Such densities will include a mixture of housing types, densities, and levels of affordability consistent with market demand, sub-regional need, and the Metropolitan Housing Rule. Given the existing topography, natural resource constraints, and need for commercial and civic services, the City anticipates that up to 5,000 residential units can be achieved across the 888 acres of candidate lands. Existing topography limits the development of this area into large scale industrial or employment centers. As a result commercial land uses will likely consist of neighborhood commercial centers and modest amounts of employment land along SW Scholls Ferry Road and/or Roy Rogers Road. ➢ Low Impact Design strategies and the location of parks and open space will be used to protect slopes, streams, wetlands, and other natural features on the property, and to avoid conflicts with adjacent non-urban land uses and natural features. Urban Reserve Factor Findings The urban reserve factors identified in OAR 660-27-0050 were considered by the City of Tigard in selecting the potential candidate urban reserve areas. This section addresses each factor and presents findings of fact for the non-concept planned areas westerly of SW Roy Rogers Road. Please refer to Pre-qualified Concept Plan 11 for findings related to the 248 acres presently being concept planned as part of the West Bull Mountain - Rural. Element. (1) Urban Reserve Factors. IY/herr ideal ing arrd relectiug laud far des gna ion as urban reserver under this division, Metro hall base its decision on consideration of whether /arrd proposed for designation as urban reserves, alone or in coYunnion with the land inside the UGB: City of Tigard Expected Service Area Narrative Urban Reserves Findings 4 _ffiiient use of existing artilfirtrrizprrGlic acrdp;ivute a. Can be developed at urban densities in a may teat mnk-es e it frasinowr developments; As discussed above, the candidate area is adjacent to the existing Urban Growth Boundary and within 1 /4 mile of existing unincorporated urban development that Tigard expects to annex and service when appropriate and necessary. Areas of relatively flat and moderately sloped agricultural and forest land suitable for development are directly adjacent to existing roads in the area, with steeper slopes and natural resource corridors bisecting the site in a manner that does not constrain site access or die location of parks and open space in those areas. Given the topography of the site, resource constraints, and need for commercial and civil land uses to compliment housing, the City anticipates approximately half the lands will be available for residential development at average densities of 10-12 units an acre. Adjacent lands are also expected to experience urban growth as Tigard, Beaverton, and King City grow to the west along Bull Mountain Road, Scholls Ferry Road, and Beef Bend Road. All three of these roads are identified as arterials in the Washington County 2020 Transportation Plan, with Scholls Ferry Road also identified as a Major Arterial in the 2035 Regional Transportation Plan. The expected service area is also within reasonable proximity to a high capacity transit corridor planned for Hwy 99W. As a result, future investments on any of these roads will have system wide benefits for both the local and broader region. At present the candidate area does not have an identified provider of potable water. The anticipated provider is the Tigard Water Service Area (TWSA) from the east, which presently serves approximately two-thirds of the City of Tigard, and all of Durham, King City, and unincorporated Bull'fountain. The City of Tigard is the water provider for the TWSA, and recently entered into a water partnership agreement with Lake Oswego to jointly upgrade and expand die existing system while securing long-term water rights from the Clackamas River. In addition, Tigard also has an agreement for access to future finished water from Wilsonville's Willamette River treatment plant should even more water be needed. Alternatively, die City of Beaverton may be willing and able to provide water from the north should concept planning reveal that to be a superior solution. Sanitary and storm sewer services will most likely be provided through Clean Water Services (CWS), which presently services approximately 500,000 customers throughout the Tualatin River Watershed. Additional infrastructure necessary to service the area, such as transmission lines or treatment plants, will be located and constructed by CWS in coordination with the Cities of Tigard, Beaverton, and King City. b. Inchider sa riient development capacity to support a bealtly econovy; The candidate area is expected to develop with predominantly residential and civic uses in a manner that will support Tigard's aspirations of to be a complete community with a jobs-to-housing balance of 1.7 jobs for every household. The location of housing in the candidate area will also support City of Tigard Expected Service Area Narrative Urban Deserves Findings 5 regional and sub-regional industrial and employment centers in Hillsboro and Beaverton to the i North, and Tualatin to the southeast. Commercial services and employment areas are anticipated along Scholls Ferry Road, Roy Rogers Road, and Beef Bend Road in order to make use of existing and future roads and high capacity transit corridors. C. Can be Sfficienty and cost- ffective# served ruith public school and other urban-level public facilities and services by ap. priate and financially capable service providers; The candidate area is currently served by three school districts: Beaverton, Tigard-Tualatin, and Hillsboro. The Tigard-Tualatin School District owns an 18.6 acre parcel in Area 63, but has yet to undertake a needs assessment to determine how to develop the site. Provision of public education to future residents will be provided by one or more of these districts, subject to a needs and capacity analysis at the time of concept planning. Parks are expected to be provided and managed by City of Tigard Parks Division. A division of the Public Works Department, the Parks Division presently manages over 300 acres of parks, greenways, and natural areas. Fire protection and emergency medical services would be provided by Tualatin Valley Fire & Rescue which presently serves nine cities and portions of three counties. As development reaches particular thresholds, the location of an additional fire station would be located and constructed in coordination with the Cities of Tigard, Beaverton, King City, and Washington County. This new station is planned for somewhere near the intersection of Roy Rogers and Beef Bend Road. Additional utilities such as electricity, gas, and communication services will be provided by the private sector. d. Can be designed to be walkable and served with a well-connected rysteni of streets, bikeways, recreation trails and public transit by apprvpriaie service pmyiders; The interior of the candidate urban reserve area has minimal road infrastructure and any future development will require the development of an entirely new local circulation network. Improvements to this area will be designed as part of a complete circulation: plan that connects the various land uses in the interior with the arterial roads along the edges. Transportation improvements are expected to include upgrades to existing roads, construction of new roads with bike lanes and sidewalks, and accommodation of public transit in coordination with Td-Met. Natural resource corridors that cross the property, and the adjacency of the Tualatin River National Wildlife Refuge, may provide preferred locations for recreational trails that tie into a regional network. City of Tigard Expected Service Area Narrative Urban Reserves Findings 6 e. Can be designed to pirserue and enbance natural ecological rysteins; Natural resources on the property are principally associated with unnamed streams that drain the property towards the south and west, and the proximity of the Tualatin River and the Tualatin River National Wildlife Refuge to the south. Future concept planning will inventory existing areas and functions deemed appropriate for preservation and enhancement as part of development. Such strategies could include the location of park and open space areas along natural resource corridors, low impact development techniques, buffer areas, and minimizing or avoiding road crossings in natural resource corridors. f. Includes s11 lcient land suitable for a range of Loosing types; As previously discussed under criterion "a", it is reasonable to expect that up to half of the candidate area will be available for residential land uses at 10-12 units an acre, with the remainder going towards open space and buffer areas, parks, employment areas, and sundry civic uses as determined at the time of concept planning. Precise configurations and densities are subject to future resource inventories and concept planning, but it is anticipated that higher density housing types, including mixed use typologies, will be located closer to SW Scholls Ferry and SW Roy Rogers Road. g. Can be developed in a Ivey tbat plrselves iinpol-tant natural landscape features included in urban 1xselves; and The location of resources corridors on the candidate area is such that development can be clustered between these natural landscape features, with major access points located along existing roads that will minimize the need for additional intrusions across resource corridors. Clean Water Service regulations, Goal 5 regulatory programs, parkland aspirations, and Low Impact Design strategies during concept planning will allow for protection and integration of important natural landscape features into the urbanized candidate area. b. Caul be designed to avoid of lltrilllll~e advel se ejects on fa1711 acid fo1°est practices aild oil illipoi-talit llairrlal landscape jCat111-ef 071 11Ca1'by Icf01J!"cC land, 11161tldtll r land deslgnaled as 1-111-al reserves. Development within the candidate area can be designed to avoid impacts to agriculture lands to the west, and the Tualatin River National Wildlife Refuge to the south, through the use of land use buffers. SW Vandermost Road to the west serves as both a logical boundary for the candidate area, but also a hard buffer between urbanized land uses and agricultural lands to the west. Limiting Impacts on the wildlife refuge to die south can occur through site planning strategies such as the placement of parks and open space along the southern boundary of the candidate area. Specific strategies will be developed during future concept planning as further resource inventories are taken during future concept planning. City of Tigard Expected Service Area Narrative Urban Reserves Findings 7 Summary a J In summary, the candidate urban reserve lands being proposed arc consistent with both local growth aspirations and the necessary criteria to place land in an urban reserves status. These lands are well served by existing or proximate infrastructure and urban services, and would enable the logical and efficient extension of services from Tigard into an area with sufficient capacity to accommodate approximately 5,000 housing units, new employment areas, and civic functions and services. City of Tigard Expected Service Area Narrative Urban Reserves Findings 8 Figu e 1 Beaverton 1M. F Ma Arv.l 01 ' i 0 FT- Tigard .1 - Su13 M untain Rd - ' U iiinC01 'o at d } ' -Bull. Mou lain - ~(j i Y j i r F _ LL e, i ~ -rte E Tuala till i J shingtox County-~ King City tit fWesi'B llMt: I'~nn n Aye Rural. Element' Schotls Sherwood Rd ,r S r National _ _ Lebeau Rd f Wildlife - w►~" - - TLIa[atin ~ Refuge ej G - O ~ ~ I I I" pE _ w i Urban Growth Boundary n E " Tigard Urban Services Area City of Tigard - " streets Q Expected Governance and UGB Expansion 2002-45 Urban Municipal Service Provider Area _ West Bull Mt. Rural Element It is ~ttutr l} ly tl t he fnn- the Gny, "1111 the c-alt 's leadership, ulll p-id serr,rea r_ _ ~ Water tut I P KI A.., (0 and 4v4. .w, it it r,p,,,td dut Thant "ill inckide the Sherwood d g nen111 t,.t,h ~f Bt,f B-d I7uad u,d-of Iml Hurcts Iavd NWR Ownership uunurdy, Iv th easy of laudemmsl Imad, roxu13y N <lrz'I' W.fin lu,t, arr alru copal,,) w he -I ";t;,inatrury- NWR Acquisition Iff snn~t: tH, ~cxn Washington County I . tBeave'rton i If` r j ~ ~ _ i 1[ ~ ~ Scno115 eTTY ~;3,tii. j y f ~~f k- 1 i f Bull M u aEn R 1 f 1 lit efL. j 'nc r oat d~~ Mai Of it ~ _1rc:t 6.1 Y " Boat Band Rd t'»~la I ~ ~.I ~ ~ y gal ' KIng'CI Ty, r 6' l'il~ r L d B_ Scholls Sherwood Rd Labeau Rd Nvildlife ggN~ Tualatin Rzfuge o ~ ter; Urban Growth Boundary w J = Tigard Urban Services Area City of Tigard I ~f Candidate Urban Reserve Expected Governance and Streets Urban Municipal Service Provider Area UGB Expansion 2002-06 ~ Iris=mlddy thatindse future lie Gryaidi lire Cciunry•'a leirdenldp, wdlpms-ide services f- -r Water murban grow--diA=ssb7=it GV.Also,itis opened dimliprd Hill include die ~i,nor, ly rf`t Q,,ryl uninmpaut=daresgcnerdiFnardtafbeefsendRosdmilcartofRcyRDhaRoad t ,,I Uftimatdy;lmdsesst of Vmdcmmat Road, 6ecsesally to die 7ustadn Rixe{ere also upcerrd to 6w- _ - _ NWR Ownership widors die ?ORI - NWRAequisition Augssr]& ~ Washington County AGENDA ITEM # FOR AGENDA OF August 25. 2009 a CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Authorize City Manager to sign Expenditure Request for the Stevens Marine Right of Way (ROW) and easement acquisitions. PREPARED BY: Kim McMillan rqYr,, DEPT HEAD OK CITY MGR OK 61P ISSUE BEFORE THE COUNCIL Shall City Council authorize the City Manager to sign the Expenditure Request for the Stevens Marine Right-of- Way and easement acquisitions. STAFF RECOMMENDATION That City Council authorize the City Manager to sign the request document for the Stevens Marine ROW and easement acquisition, thereby approving the expenditure. INFORMATION SUMMARY As part of the Burnham Street Improvement project additional right-of-way and easements arc required. OTHER ALTERNATIVES CONSIDERED Not applicable. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST FISCAL NOTES This acquisition exceeds City Manager's $75,000 authorization limit, thereby requiring City Council approval. AGENDA ITEM NO.2 - CITIZEN COMM1]NICATION DATE: August 25, 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 concenu 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 orparticipate in City of Tigardpublic meetings will be included in the meeting minretes, which is apublic record. NAME, ADDRESS & PHONE TOPIC STAFF Please Punt CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address city c~~► State Zip Phone No. Naive: 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. faadm5catliytccs sign up%cti-ev communication doc CITIZEN COMMUNICATION a Im lications of Findings Recommendations • Three to flour stories possible • Focus on smaller sites/projects (near term) • Surface parking Transit Center Site • Mixed uses Density • Parking solutions ii, 11 tt~xn~ tl-=~:z.~ ter- - Reduced parking ratios Public parking lot, street parking Shared parking i • Consider"phased development" Recommendations (Cont.) Policy Tools and Incentives • Move forward with public projects • Range from indirect to direct measures • Varying public and private costs • Design public incentive programs • Regulatory measures - Zoning changes (permissive/ restrictive) - Design standards - SDC, fee waivers • Property tax abatement Polio Tools and Incentives Cont. • Land assembly Development Opportunity Study Downtown Tigard • New market, and Low Income Housing tax credits • Direct public participation Johnson Reid, uC SFRAArchltacts 319SW Washington 319 SW Washington - Grants suite 1020 suite 1720 Loans Fotliand.OR 97204 Porlland.OR 97204 503295.7032 503205.71132 - Urban Renewal, improvement district 3 Agenda Item # Meeting Date August 25, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Annual Police Department Tem orgy Holding Facili Tour and Inspection Prepared By. Waain Diclanson Dept Head Approval: \D City Mgr Approval: L`l~ ISSUE BEFORE THE COUNCIL The City Council is asked to conduct a tote- and inspection of the Police Departments' temporary holding facility as indicated by the Oregon State Department of Corrections Facilities Inspector. STAFF RECOMMENDATION Staff recommends that the City Council conduct the tour and inspection of the police temporary holding facility on August 25, 2009. KEY FACTS AND INFORMATION SUMMARY The Police Department has completed mandatoryinfonnation reporting for the Oregon Commission on Children and Families, regarding all custodies involving juveniles, annual audits of our temporary holding facility, and nightly inspections by the supervisorystaff . During an audit conducted bythe Oregon State Department of Corrections in:2005, the state inspector made several findings. The Police Department has since complied with those findings and implemented processes to ensure compliance. The state inspector stated that the City Council should conduct an annual tour and inspection of the facility as the governing body for the City of Tigard. OTHER ALTERNATIVES CONSIDERED The Council may choose not to conduct an inspection. CITY COUNCIL GOALS N/A ATTACHMENT LIST N/A FISCAL NOTES N/A Agenda Item # Meeting Date Au st 25, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Highway 217 Interchange Mana eme Stud Prepared By: Agustin P. D llflas Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Informational briefing to Council on die I lighway 217 Interchange Management Study currently underway. STAFF RECOMMENDATION That Council stay abreast of the progress of the study. KEY FACTS AND INFORMATION SUMMARY The Highway 217 uiterchange study funded through congressional earmarks is in die initial stages. This is a study to determine if there are any improvements that can be implemented at a reasonable cost along tine Highway 217 corridor from Waller Road to Greenburg Road. The original concept identified for the earmark funding involved construction of braided ramps between Beaverton-Hillsdale Highway and Allen Boulevard. That project turned out to be much more expensive than originally envisioned, primarily because of environmental issues that need to be addressed. This study will look for a project that can reasonably be funded in the next few years but would achieve significant benefits while conforming to the long-term plan for Highway 217 expansion. It was initially identified as a Ramp Meter Study, but will look at a wide variety of solutions besides diat. Both the cities of Beaverton and Tigard are concerned that solutions that may work for Highway 217 may adversely impact local collectors and arterials. As a result, staff from both cities, from Washington County, and ODOT (Oregon Department of Transportation) are actively involved in the study as it progresses and are represented in the Technical Advisory Committee. A project kickoff meeting (hosted by Region 1 Manager Jason Tell) involving die mayors of both cities and other elected officials was conducted on August 11, 2009 -at ODOT Region 1 headquarters. A workshop with elected stakeholders is currently planned for Mid-October 2009 to share information and discuss the project selected for implementation. Council will be given a short briefing on the scope of die study, on the schedule for completion of the work, and on the role and participation by staff and elected officials in the formulation of solutions that can improve portions of the corridor and fit into the longer terns plan for corridor improvement. OTHER ALTERNATFVES CONSIDERED N/A 1 CITY COUNCIL GOALS A long-term goal of Council is to "pursue opportunities to reduce traffic congestion in Tigard." Improvements on Highway 217 would allow for better traffic movement on that highway and should draw traffic currently using City streets as alternate routes. As a result, the project should likewise improve traffic flow on City streets. ATTACHMENT LIST 1. Memorandum to Council dated July 15, 2009 without attachments (attachments are updated with this agenda item). This was provided to Council with the July 17, 2009 Council Newsletter. 2. Updated Phase 1 Project Structure (Flowchart) 3. Updated Phase 1 Conceptual Task Schedule FISCAL NOTES The funding available through a mix of congressional earmarks and MTIP funds is approximately $1.1 million for Phase 1 (the study) and initiation of Phase 2 (NEPA--Compliant Enviror2tnental Study) if a project can be developed from Phase 1. is\arg\y \munal agarda 5,,nVnarics\'_WA&2:,(Y)kii hway 217 inrerd-ge muiaecmcnr study amdnc 2 ~ r MEMORANDUM 1 ~ ,Y® TO: Mayor and City Councilors Craig Prosser, City Manager FROM: Gus Duenas City Engineer RE: Highway 217 Interchange Management Study DATE: July 15, 2009 Background The Highway 217 interchange study funded through congressional earmarks is in the initial stages. This is a technical study to determine if there are any improvements d-iat can be implemented at a reasonable cost along the Highway 217 corridor from Walker Road to Greenburg Road. It was initially identified as a Ramp Meter Study, but will loots at a wide variety of solutions besides that. A letter of support for initiation of the study was sent to ODOT in the fall of 2008 by each of the affected jurisdictions. The funding available through a inix of congressional eariarks and MTIP funds is approximately $1.1 million. The study is being performed by ODOT using their Work Order Contracts to retain one of their on-call consultants. Both the cities of Beaverton and Tigard are concerned that solutions that may work for highway 217 may adversely impact local collectors and arterials. As a result, staffs from both cities and Washington County have been actively involved with ODOT in the development of the study and are represented in the (TAC) Technical Advisory Committee to grade the work, review the deliverables, and participate in scheduled workshops as the study progresses. Metro is not involved in the initial phase of the study. This technical study will use the results of previous studies of the Highway 217 corridor as a starting point to analyze potential opportunities for modification of access to Highway 217 in an effort to reduce congestion and improve safety during morning and evening peak hours of travel. The study will take into account the long-term importance of the highway for regional automobile and freight mobility, and its relationship to and impact on the nearby local transportation system, businesses and residents. Scope of Work DKS Associates has been contracted to perform the study and provide recornmend a dons on potential projects that can be reasonably funded during the next few years. Any solutions should fit into the long-term improvement plans for the highway. The study is divided into two phases. The funding available will be used to perform Phase 1 with the balance reserved to begin Phase 2, should Phase 1 clearly identify a preferred alternative to pursue for implementation. Phase 1 The consultant team will initially look for a feasible project that would provide substantial benefit at reasonable cost. This project will be analyzed in sufficient detail to determine feasibility of implementation with funding that can be made available during the next few years. Because this is a technical study focused on selecting a specific project, public engagement for Phase 1 will be limited. In addition to the specific project selected, the team will develop a list of potential projects in priority order for further analysis and potential implementation later. All the projects selected must fit into the long-term plans for Highway 217. As these projects are explored in greater detail in the future, there presumably will be citizen involvement integrated into the process. There will be at least one workshop for elected officials and other stakeholders scheduled either in September or October (depending- upon the progress of the study) to discuss the selected project and to determine if the project should ;Wove into Phase 2. The TAC, working in conjunction with the stakeholder group, will select the project to advance to Phase 2. Phase 2 Phase 2 will be the NEPA-Compliant Environmental Study necessary to trove the project into implementation. The scope of work for this phase "will be developed as Phase 1 nears completion. Public involvement will be an integral part of Phase 2, if a project is selected to advance into this phase. Attached ate a flow chart showing the Phase 1 Project Structure and the Phase 1 Task Schedule for the next 5 months. The study scope, schedule, and involvement of elected officials and other stakeholders will be discussed in the Council Study Meeting on August 25, 2009. Attachment: Phase 1 Project Structure (Flowchart) Phase 1 'Task Schedule C Ron Bunch, Commututy Development Department Director Darren Wyss, Long Range Planning Ulrike McCarthy, Project Engineer i:\cng\gus\mcoionndums\20119\higliwas 217 interchange management smdy.duc OR 217 Interchange Management Study: Phase 1 Project Structure Phase i consists of an exploratory technicsl effort only. A complete evaluation process to select an n alternative would occur through a later phase. Kick-off Background Data TAC Elected Develop Stakeholders Workshop Meeting Assembly Meeting Briefing Materials Team Organization Assemble background data Project Background/ Objectives Introductory Briefing Prepare VISUM model Study Area Definition and develop Building Block Improvement Concepts Matrix for Elected Prepare Background Data Evaluation Criteria options Questions/issues Stakeholders Preliminary Cost Estimates Workshop Planning Preliminary Env. Impacts Question sllssues Responses a Consensus on Review and approve Viable Alternative? documentation TAC Evaluate TAC Yes Document TAC Workshop Building 10 Meeting Improvement Meeting Blocks Concept & Process Building Block narrowing Summary of Workshop No Answers Questions Ramp Management Report Scoping Scoping Benefit/Cost Analysis Elected Stakeholder Working Sessio Analysis Refinements/ Phase 2 Alternatives Expansion Share information with Elected Stakeholders Expanded analysis effort NEPA-Comp[[ant Environmental Study OR 217 Interchange Management Study: Phase 1 Conceptuat Task Schedute Phase 1 consists of an exploratory technical effort only. A complete evaluation process to select an alternative would occur through a later phase. 2009 2010 July August September October November December January Task 1: Project Administration Task 1.1 Project Management I I I I i I I I Task 1.2 TAC Formation I r I I I , , I Task 1.3 Kick-aft Mtg 7/9 I # I I I I Task 2: I I Background 1. Assembly Task 2.1 Background Data I I I ~ , I Task 2.2 Model Preparation Introductory Briefing for I i i a l Task 2.3 TAC Mtg - Briefing Mtg 8/4 8/11 -Elected Stakeholders Task 3: Workshop Task 3.1 Develop Workshop Materials I 1 /18 Task 3.2 TAC Workshop 8 I I , I 1 1 I 0 I Task 4: Evaluate Initial Building Blocks (To be added later) Task 4.1 Evaluation I I I I I I r I I I I I Task 4.2 TAC Mtg I I I k I 1 I Task 5: Concept Development Documentation (To be added later) Task 5.1 Documentation Task 5.2 Scoping Phase 2 or Analysis efinembnt Final Report Draft Report ~f Task 5.3 TAC Mtg _V..I. Task 5.4 Elected Stakeholder Working Session Share Information with ; Phase 2 Elected Stakeholders t - I [ I I [ Lou Ogden has advised he is concerned with some of the language and Mayor Dirksen responded with a suggested change. Mayor Ogden appeared to like this change, which would allow the study to proceed concurrently with developing plans for other transportation improvements and identifying new urban-growth boundary expansion areas. Mayor Dirksen said he would recommend endorsing/ signing the letter if this language change is made because he would not want the Study to be used as a reason to disallow other things from being done. Council President Wilson did not support the letter. He said this corridor study is important, but there are many important needs out there. For Tigard this is not our No. 1 project; the connector was more important. Mayor Dirksen said the draft letter is asking the 1-5 South Study to be first. Council President Wilson pointed out there have been many corridor studies (217, Westside Bypass) - but nothing has been built. There was discussion on what has occurred in the past and what projects have come to fruition. In response to a question from Councilor Henderson, Mayor Dirksen reported that there was support to wrap the light rail study into this study. Our consultant's response was that the "best way to kill a transit project (would be) to wrap it up with a highway project." Our position was that light rail going down 99W should be considered as part of this study, but it does not displace the separate study for the light rail. The language in the letter addresses the light rail study the way the City of Tigard prefets. In response to a question from Councilor Henderson, City Manager Prosser advised that the City Council is not being asked to make a decision on the letter, but the Mayor is asking for input from the City Council members. Mayor Dirksen added that City Council was not being asked to endorse the letter; he, as the Mayor of Tigard is being asked to endorse the letter. Councilor Henderson said he would defer to the Mayor's judgment. ➢ Discuss City Manager Evaluation Criteria - Human Resources Department Human Resources Director Zodtow referenced the packet of review forms used by the City Council for last year's annual performance review of the City Manager. Consensus of the City Council was to use these forms for this year's review. The review is scheduled for August 11, 2009. ➢ Street Maintenance Fee - Councilor Henderson advised he would be gone next week when this item is discussed. He will provide the City Council with his written comments. ➢ Administrative items were reviewed by City Manager Prosser: o City Council received a copy of a corrected Page 8 of the TPOA Agreement (Consent Agenda Item No. 4.3). The correction was to Article 13.5, Phone Calls on Duty, changing the time from 15 minutes or longer to 7-1/2 minutes or longer. o City Council received a copy of written testimony from Ernie Platt, HBA of Metro Portland, regarding the legislative hearing on the tree code amendments, Agenda Item No. 7. o City Council received a copy of the Agenda Item Summary for Agenda Item No. 8 regarding the request to authorize the City Manager to sign the Purchase and Sale Agreement for the John H. Zuber property. This material was also provided to the City Council in the Friday newsletter packet. o Verizon Franchise Audit Results: ■ Tigard is owed $87,228; we paid $14,007 for the audit. i TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - July 14, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 Nvwxv.tigard-or.gov Page 2 of 24 e " Settlement agreement language was negotiated with Verizon by Attorney Nancy Werner; the Agreement is conditioned upon all cities accepting its terms. o The Intertwine - City Council agreed to scheduling a Metro representative to present information on The Intertwine, which is a new network resulting from the "Connecting Green" groups. o Canterbury Heights Condominiums - City Council received copies of information on this subject. Community Development Director Bunch advised the City received a complaint about sight-distance on the corner when cars are parked on the street. The condominium development also complained about lack of parking on Canterbury Lane. Staff investigated sight-distance. There is no room to park cars along portions of Canterbury Lane without causing a hazard. A copy of the information reviewed by the City Council is on file in the City Recorder's office. The condominiums have adequate parking; that is, it meets the requirements of the Code. In response to a suggestion by Councilor Buehner, Community Development Director Bunch advised additional parking might be made available on the condominium site if they request a modification. Community Development Director Bunch said the condominium property owners might find additional parking spaces if they evaluate the layout of their parking lot. o Urbanization Forum Resolution - City Manager Prosser advised that die Washington County Board of Directors adopted the resolution, but they also approved a letter of transmittal, which was incorporated into the resolution. The City Council received a copy of the resolution and letter of transmittal. City Manager Prosser pointed out that the letter of transmittal was not discussed with other participants of the forum. The letter makes it clear that nothing in the resolution precludes Washington County from opposing or refusing to consent to "cherry-stem" annexations. City Manager Prosser urged the City Council members to read the letter of transmittal to determine if changes would be needed to the consideration of a similar resolution by the City of Tigard. City Attorney Ramis pointed out that whether Washington County opposes a cherry stem annexation does not control whether it is permissible. Study Session concluded at 7:29 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council and Local Contract Review Board to order at 7:40:16 PM 1.2 Roll Call Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Buehner ✓ Councilor Henderson ✓ Councilor Webb ✓ 1.3 Pledge of Allegiance 7:40:44 PM 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 7:41:07 PM 2. CITIZEN COMMUNICATION + Citizen Communication - Sign Up Sheet None Follow-up to Previous Citizen Communication: None 3 TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - July 14, 2009 City of Tigard 1 13125 SW Haft Blvd., Tigard, OR 97223 503-639-4171 1 -,v%vw.6gard-or.gov I Page 3 of 24 7:41:38 PM 3. PROCLAMATIONS Mayor Dirksen issued the following proclamations: a. PROCLAIM TIGARD AS A 2010 CENSUS PARTNER b. SUPPORT GIVE 10 TELL 10 CAMPAIGN 7:45:22 PM Mayor Dirksen reviewed the following Consent Agenda: 4. CONSENT AGENDA: 4.1 Approve City Council Minutes for May 12 and 19, 2009 4.2 Receive and File: a. Council Calendar b. Tentative Agenda c. Notes from June 30, 2009 Fifth Tuesday Meeting 4.3 Adoption of Tigard Police Officers Association (iPOA) New Collective Bargaining Agreement for FY 2009-2011, and Authorization of City Manager to Sign - Resolution No. 09-48 A RESOLUTION ADOPTING A NEW COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD POLICE OFFICERS ASSOCIATION (TPOA) FOR 2009-2011, AND AUTHORIZING THE CITY MANAGER TO SIGN 4.4 Approve an Updated Employment Agreement for the City Manager, Extending the Term and Incorporating Amendments 4.5 Approve Budget Amendment #10-01 to Recognize the Edward Byrne Grant Revenue in the Amount of $86,099 for the Police Department- Resolution No. 09-49 A RESOLUTION TO APPROVE BUDGET AMENDMENT #10-01 TO RECOGNIZE RECEIPT OF THE EDWARD BYRNE GRANT REVENUE AND MAKE CORRESPONDING APPROPRIATIONS IN THE COMMUNITY SERVICE PROGRAM (POLICE DEPARTMENT) IN THE GENERAL FUND 4.6 Reappointment of Board Members David Burke and Cecilia Nguyen, Appointment of Scott Hancock as Board Member and Appointment of John Storhm and Grace Amos as Alternates to the Tigard Library Board Resolution No. 09-50 A RESOLUTION REAPPOINTING DAVID BURKE AND CECILIA NGUYEN, CURRENT LIBRARY BOARD MEMBERS, TO FOUR-YEAR TERMS EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2013; APPOINT SCOTT HANCOCK AS LIBRARY BOARD MEMBER FOR A FOUR-YEAR TERM EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2013 AND APPOINT GRACE AMOS AND JOHN STORHM AS ALTERNATES FOR TERMS EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2011 4.7 Approve Application to the Department of Justice for a Strategic Enhancement Mentorng Program i Grant 4.8 Approve Application to the Department of Justice for a Gang Prevention Youth Monitoring TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - July 14, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 tvww.tigard-or.gov Page 4 of 24 , Program Grant 4.9 Authorize Submission of an Energy Efficiency and Conservation Block Grant to Install a New Energy Star Roof on the Permit Center 4.10 Approve Intergovernmental Agreement with Washington County Accepting $142,000 in Community Development Block Grant Funds for Garrett Street Sidewalk In-fill 4.11 Approve Workers' Compensation Insurance for Volunteers - Resolution No. 09-51 A RESOLUTION EXTENDING CITY OF TIGARD'S WORKERS' COMPENSATION COVERAGE TO VOLUNTEERS OF THE CITY 4.12 Approve Standard Utility Franchise Agreement with Electric Lightwave LLC - Resolution No. 09-52 A RESOLUTION GRANTING A NON-EXCLUSIVE UTILITY FRANCHISE TO ELECTRIC LIGHTWAVE LLC PURSUANT TO TIGARD MUNICIPAL CODE SECTION 15.06.060 4.13 Approve Wetland Mitigation Site Deed Restriction on City Property 4.14 Local Contract Review Board: a. Authorize City Manager to Negotiate and Sign a Three-Year Municipal Lease with Panasonic Finance Solutions b. Award Contract for Audiomettic Services c. Award Contract for Application of Slurry Seal on Various City Streets under the FY 2009-10 Pavement Major Maintenance Program Motion by Council President Wilson, seconded by Councilor Buchner, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Absent Mayor Dirksen acknowledged the presence of the following Library Board appointees: Mr. Hancock, Mr. Storhm, and Ms. Amos. He asked them to stand to be recognized by the City Council and thanked them for volunteering to serve on the Board. 7:48:38 PM 5. ADOPT PARK SYSTEM MASTER PLAN Parks Facilities Manager Martin introduced MIG (Consultant) Project Manager Ryan Mottau, who worked on this project. City Council is being asked to consider adoption of the Park System Master Plan. City Council met last month with the Park and Recreation Advisory Board (DRAB) to finalize additional work to be included in the Plan. Mr. Mottau reviewed the changes made since the last review of the Master Plan and S TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - July 14, 2009 Cite of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.dgard-or.gov Page S of 24 those changes are outlined in his July 1, 2009, memorandum to the City Council, which is on file in the City Recorder's office. Councilor Buchner said she hoped there will be annual updates to the Master Plata to keep it as current as possible. Parks Facilities Manager Martin advised staff plans to do more work to describe each greenspace and park area. Mr. Mottau said he hoped this will be a living document for the City. Ongoing interactions between DRAB and the City Council will give the opportunities to identify updates needed for the Plan. Councilor Henderson commented on the document. He said he attended several of the PRAB meetings and the document is much larger than what he imagined. He referred to the outline of a recreation program and how it could be established and transitioned to become a stand-alone program. In response to a request from Councilor Henderson for more description of what is envisioned in a recreation program, Mr. Mottau advised that through the work done to gain information for the Plan, the increase in recreation opportunities in the City is a "huge" desire from citizens. Based on experiences of other agencies, the Plan provides that a recreation program does not have to be a big, huge program. One of the most effective methods to develop a Recreation Program is to begin collecting the various programs available in the community already and start to centralize these programs to make it easier to access the programs. Then we can start filling in some of the relatively small gaps not being met by the public/private/non-profit providers. The funding piece is about the coordination role. An important aspect of making recreation opportunities a big part of what our City is about is to position the City as a central clearinghouse for all of the opportunities available. There must be someone who has the job of lining up the important pieces: the users, the spaces, the instructors, and the supplies. Most recreation programs pay for the operation of classes; however, you cannot expect to jump immediately to a self-paid program. The coordinator needs to be allowed some time to develop a program. Mr. Mottau advised the Plan describes a reasonable approach to building a recreation program based on some of the opportunities already available from the City and other organizations. Councilor Henderson commented on the volumes of information contained in the Plan document and thanked the consultant for his work. Council President Wilson noted there has been quite a bit of enthusiasm on the Park Board to start a recreation program. The concern has been how to fund such a program; i.e., ask voters to support a levy or fund the program with money from the General Fund? The funding remains as a concern for Council President Wilson; although, he thinks the Plan calls for an incremental installation of a recreation program and he appreciates this as a valid approach. However, in this economy, we are not going forward with new programs and this would likely have to wait. Councilor Henderson said a recreation program appears to be the people's choice. Council President Wilson said he is not totally convinced of that - the survey shows a marginal increase in support for a recreation program and this was before the economic downturn. Council President Wilson sees support for other things ahead of a recreation program; i.e., preserving gteenspaces. There is a whole range of choices in the Plan and priorities will need to be determined. As a document, Council President Wilson said he thinks the Master Plan represents our aspirations. 8:03:57 PM Mr. Mottau said there was huge amount of support in the community for an ongoing program of acquiring open space and parkland. Recreation programming can help build support for other things that are important because it adds users to the park syste n. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - July 14, 2009 City of Tigard 13125 SW Hall Blvd., Tied, OR 97223 503-639-4171 wxvw.tigard-or.gov Page & of 24 8:05:53 PM Mayor Dhksen added to Council President Wilson's comments on actions recommended within the Plan that are aspirations. There are many things within the Plan that cannot be done right away or, possibly, things that can never be done; however, if we do not aspire to accomplish these things, then they will never get done. 8:07:27 PM Motion by Councilor Buehner, seconded by Councilor Henderson, to adopt Resolution No. 09-53. RESOLUTION NO. 09-53 - A RESOLUTION ADOPTING THE CITY OF TIGARD'S PARK SYSTEM MASTER PLAN The motion was approved by a unanimous vote of City Council present. IvLayor Dirksen Yes Council President Wilson Yes Councilor Bueliner Yes Councilor Henderson Yes Councilor Webb Absent 8:08:16 PM 6. CONTINUATION OF LEGISLATIVE PUBLIC HEARING FROM MAY 12, 2009 - PROPOSED DEVELOPMENT CODE AMENDMENT REGARDING SENSITIVE LANDS PERMIT REQUIREMENTS (DCA2008-00005) TO REMOVE CRITERION THAT PROHIBITS PATHWAYS LOCATED WITHIN OR ADJACENT TO THE FLOODPLAIN TO BE BELOW THE ELEVATION OF THE ANNUAL AVERAGE FLOOD (18.775.070.B.5) REQUEST: To remove Section 18.775.070.B.5 of the Sensitive Lands Permit requirements which reads: "5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood;". Removal of this section would allow pathways to be installed in areas which would benefit die public's access to and educational appreciation of ecological areas. On April 6, 2009, the Planning Commission recommended the City Council replace the subject section with "Pedestdm/bicycle pathways within the floodplain shall include a wildlife assessment to ensure that the proposed alignment rni-nirnizes impacts to significant wildlife habitat." LOCATION: Citywide. COMPREHENSIVE PLAN DESIGNATION: All City Comprehensive Plan Designations. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; [Goal 1, Public Involvement; Goal 2, Land Use Planning;; Goal 5 Natural Resources, Scenic and Historic Areas, and Open Spaces; Goal 7, Areas Subject to Natural Hazards; and Goal 8 Recreational Needs]; any federal [FEMA] or state statutes or regulations found applicable; any applicable METRO regulations; [Metro Code Sections 3.07.300, Urban Growth Management Functional Plan; and Title 3, Water Quality and Flood Management]; any applicable Comprehensive Plan Policies; [Goal 1, Public Involvement; Goal 2, Land Use Planning; Goal 7, Hazards; Goal 8, Parks, Recreation, Trails, and Open Space]; and any applicable provisions of the City's implementing ordinances [TDC 18.130, 18.380, 18.390 and 18.775]. a. Mayor Dirksen announced that this is a continuation of a legislative public hearing from May 12, 2009. b. City Attorney Ran-is advised the procedure read into the record in the previous hearing is the procedure being followed. If, since that time, there have been any ex parte communications or if anyone has discovered a conflict, this would die time to disclose. There were no declarations or challenges. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - July Z4, 2009 City ofTigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 wwrw.tigard-or.gov Page 7 of 24 C. Associate Planner Pagenstecher presented the staff report The Council packet materials included the supplemental staff report dated June 29, 2009, which repackaged the information from the previous proceedings, added new Goal 5 findings, and included staff's response to public testimony heard at the May 12, 2009, City Council hearing. The staff report includes the staff's and Planning Commission's recommendation for wildlife assessment in the Proposal Summary, Section 1. The Options Analysis presented to the Planning Commission is in the Alternatives to Proposal, Section 7. The Two-Year Flood Inundation Exhibit presented at the first Planning Commission hearing was attached for reference. The new Goal 5 findings are on Page 9 in the staff report and are also contained in the Supplemental Goal 5 findings, dated July 7, 2009, the City Council received in the City Council newsletter. Associate Planner Pagenstecher referred to the staff's response to the public comments contained in the staff report. d. Public Comment Mayor Dirksen requested public comment be restricted to new information. John Frewing, 7110 SW Lola Lane, Tigard, Oregon advised his concern with this amendment is that the proposed requirement for a wildlife assessment is not a clear and objective approval standard. Mr. Frewing advised he sees it as simply a submittal requirement. He referred to his previous testimony and said that "wildlife assessment" has not been defined as he requested. 8:12:25 PM Mr. Frewing referred to a response from Associate Planner Pagenstecher on a comment Mr. Frewing had made. Mr. Frewing said that Associate Plannet Pagenstecher advised that because Tigard previously adopted an ordinance, which implemented the Nature in die Neighborhoods Program that it could not have included a requirement for a wildlife assessment. Mr. Frewing said this sentence does not make sense. The Metro Code requires clear and objective standards. The staff report does not say that this is a clear and objective standard and Mr. Frewing said he did not think this was a clear and objective standard where there should be one. Even if, at some earlier date, Tigard adopted an ordinance to comply with Metro programs, what is occurring now is a "take away." One can say we are coming "out of compliance" with what we had on the day that we adopted the ordinance that brought us into compliance with Metro programs. Mr. Frewing said there would be no reason not to incorporate the clear and objective standards requirement of Metro, including a clearer definition of a wildlife assessment into this regulation. 8:14:19 PM Mr. Frewing said the discussion of the Parks Master Plan, just approved by the City Council, is also new information. He said he thinks the Parks Master Plan is an aspirational document and has very little to say about what open space -will actually be protected in future years. He said he would prefer that there would be more specifics in this regard rather than the specifics in other regards because of die importance of open space and greenspaces to the people of Tigard. He said he is happy that there is a Park Master Plan, but it does not take the place of defining those areas where we will not have trails, the natural areas. Tigard needs to be move forward on planning open spaces by saying where we are going to have trails and where we are not going to have trails. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES -July 14, 2009 Ciq, of Tigard 13125 SW R all Blvd., Tigard, OR 97223 503-639-4171 tvxv-,v.dgard-or.gov Page 8 of 24 8:15:37 PM Mr. Frewing advised he has not seen the Gml 5 findings submitted on July 7, 2009, and said he would like an opportunity to look at them and provide comments. He asked for additional time so he could review the findings. 8:1635 PM Associate Planner Pagenstecher apologized to Mr. Frewing regarding the additional Goal 5 findings for which Mr. Frewing had not had a chance to review. Associate Planner Pagenstecher referred to the sentence that Mr. Frewing said did not make sense. He advised that he meant to convey that Metro has already found that Tigard complies with the Nature in Neighborhoods. Whatever criteria we would come up with would be over and above compliance. Associate Planner Pagenstecher said he was not asserting that wildlife assessment criterion was clear and objective. Mr. Frewing responded that when Metro approved Tigard's compliance with Nature in Neighborhoods, it included the requirement that no trails will be built below the annual average flood. Now, we are taking that away. If this is approved, then we will have something less than we had when we complied with Nature in the Neighborhoods. Associate Planner Pagenstecher summarized that the background section of the staff report identifies why the existing criterion is an ineffectual elevation standard. The wildlife assessment is a way to identify sensitive habitats that we do not have today. In staffs opinion, we are not giving away anything - we are gaining a tool to site trails and design diem for the preservation of habitat. Mr. Frewing acknowledged this was clear statement. 8:18:57 PM C. Staff Recommendation Associate Planner Pagenstecher recommended the City Council approve the proposed Development Code Amendment and adopt the proposed ordinance. £ City Council Questions Councilor Henderson referred to the Sensitive Lands Permit (Item B) where it states that, "Within a 100-year floodplain The hearings officer shall approve, approve with conditions, or deny an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied." He said he does not know what "approved with conditions" means. Would the hearings officer be allowed to make more conditions? City Attorney Ramis responded that this language means that the hearings officer would have the discretion to impose conditions so long as those conditions were designed to assure that the application complied with the criteria. Some unrelated condition could not be invented. To the extent the hearings officer's judgment is that it is necessary to limit the project to be sure it complies with the criteria., then that kind of condition is allowable. Councilor Henderson asked about this section, as it would pertain to the wildlife assessment. City Attorney Ramis, and Associate Planner Pagenstecher concurred, that he would think a valid condition would be one that ties the design of the project to whatever the wildlife assessment says is necessary to protect habitat. Associate Planner Pagenstecher added that the wildlife assessment would result in a series of recommendations regarding how to preserve habitat and those would be then required of a design to satisfy the hearings officer that the proposal complied with that criteria. g. Mayor Dirksen closed the public hearing and called for consideration of the proposed ordinance, which includes the supplemental findings prepared by the City Attorney's office dated July 7, 2009. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - July 14, 2009 Cityof Tigard 1 13125 SW I Iall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 9 of 24 Motion by Councilor Buchner, sr-conded by Council President Wilson, to adopt Ordinance No. 09-11, including the supplemental findings prepared by the City Attorney's office dated July 7, 2009. ORDINANCE NO. 09-11 - AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE SECTION 18.775.070.B.5, REMOVING A CRITERION WHICH PROHIBITS PATHWAYS LOCATED WITHIN OR ADJACENT TO THE FLOODPLAIN TO BE BELOW THE ELEVATION OF THE AVERAGE ANNUAL FLOOD AND, INSTEAD; REQUIRE THAT PEDESTRIAN/BICYCLE PATHWAYS WITHIN THE FLOODPLAIN INCLUDE A WILDLIFE ASSESSMENT TO ENSURE THAT THE PROPOSED ALIGNMENT MINIMIZES IMPACTS TO SIGNIFICANT WILDLIFE HABITAT (DCA2008-00005). 8:23:15 PM City Council discussion followed: Councilor Buchner said she appreciated the memorandum from the City Attorney, which she found helpful in answering questions she had regarding Goal 5. With respect to the specifics of the ordinance and the discussion resulting from Mr. Frewing's comments regarding Metro's standards, she said that Metro is also responsible for pushing and assisting us in getting the various trails completed, such as the Fanno Creek Trail. Other jurisdictions are also looking at trails within the annual floodplain to meet Metro's requirements. Councilor Buchner advised she did not think this ordinance would affect our relationship with Metro with regard to greenspaces. 8:24:24 PM Council President Wilson said he agreed with Councilor Buchner. He said he thinks the language regarding the wildlife assessment could be clearer to assist the hearings officer in imposing conditions. He said he was also concerned, as he stated in the previous hearing, that we needed to balance the needs of wildlife with the recreational needs of people. This could be interpreted that to minimize die impacts to wildlife that extreme measures could be required, such as requiring eight-feet high boardwalks or pushing a trail to the absolute edge of the property making it less functional or less attractive for pedestrians to use. He did not think this was the intent of the ordinance. Council President Wilson said he would prefer to modify the sentence to reflect this. 8:25:48 PM Mayor Dirksen suggested that the ordinance could be adopted this evening and have staff go back to develop a clearer statement. He said that it appears that what the City Council is looking for with the wildlife assessment is to find the balance between wildlife habitat and the needs of citizens. He said it was sufficiently clear to him regarding its purpose. Council President Wilson suggested wording such as, "A wildlife assessment shall be conducted and used to ensure that the proposed alignment balances impacts to significant to wildlife habitat with the recreational goals of the community." 8:26:54 PM Councilor Buchner indicated she would be fine with the change suggested by Council President Wilson. She asked City Attorney Ramis if the City Council could approve the ordinance tonight with the direction that staff comes up with a different definition? City Attorney Ran-is suggested the City Council give staff direction and staff would come back to the City Council with adjusted language and, perhaps adjusted findings, to support that language and then have a final adoption. 8:27:33 PM Councilor Henderson agreed with the City Attorney's recommendation. He said there was a question at the last hearing whether the proposed ordinance would affect all of the greenways. He would like to TIGARD CITY COUNCIL/LCRB/CCDA MINUTES July 145 2009 City of Tigard 13125 SW FIall Blvd., Tigard, OR 97223 503-639-4171 xvwxv,dgard-or.gov Page XO of 24 have a cleax definition. Councilor Henderson said the citizens want to use greenways and, he would like to find a way for this to happen. 8:28:09 PM In response to a request for Mayor Dirksen for Council President Wilson to describe the changes he would like, Council President Wilson advised: "I'd like to do two things. I'd like to achieve a balance instead of just to minimize because that is sort of an extreme thing. But, I'd also like to indicate that the wildlife assessment be used to actually inform the design, that the design respond to it in some way - not just that you do one..." Mayor Dirksen suggested the following wording: "...it shall include a wildlife assessment that shows that the proposed alignment minimizes impacts on significant wildlife habitat." The above wording would make it clear that not only would an assessment have to be prepared, but also the conclusion of the assessment would be that there is no significant impact. 8:29:08 PM Councilor Buehner commented that the Mayor's suggested wording might fall within Council President Wilson's concern that the balance night be leaning so far in favor of protecting the wildlife, that you have effectively minimized the viability of a trail in a reasonable location. She said she believed Council President Wilson's proposal was for a balance of interests. Council President Wilson said there are clearly trade-offs. The best thing for wildlife might be to build no path. He said he wants the Code to acknowledge that we are possibly causing some habitat degradation; however, we are going to do it in such a way that we consider the needs of wildlife and, if it is something extreme (i.e., an endangered species is severely impacted) then we might choose not to do it. He said that if it is common wildlife and a minor imposition, then we ought to design it in such a way that is the most desirable route for recreational purposes. 8:30:47 PM Mayor Dirksen read proposed wording suggested by City Manager Prosser: "Pedestrian and bicycle pathways within die floodplain shall include a wildlife assessment that shows that the proposed alignment minimizes impacts to significant wildlife habitat while balancing the community recreational and environmental educational goals." 8:31:13 PM Council consensus was for support of the above language. The Council also discussed whether they could approve the proposed ordinance tonight. City Attorney Ramis apprised the City Council of his concern insofar as he would like the staff to have the opportunity to review the language against the findings they have made, particularly related to Goal 5, to make sure that we are still in the parameters of Goal 5 and Metro's requirements. 831:44 PM Mayor Dirksen agreed that it would be better for staff to review and have this come back before the City Council again. TIGARD CITY COUNCIL/LCRB/CODA MINUTES July 14, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov Page ll of 24 832:03 PM Community Development Director Bunch said the findings are now saying that trails are no different from the other conflicting uses currently allowed in these areas. Staff will need to research this to develop an affirmative statement that the language meets the intent of the City Council. He recommended for this to come back to the City Council at a later date. 8:33:03 PM City Manager Prosser advised this matter could be scheduled for the August 11, 2009, City Council meeting. Consideration of Ordinance No. 09-11 was carried forward to August 11, 2009. 8:33:44 PM City Attorney Ramis advised that the record, at this point, is closed. There will be no further testimony. 8:34:01 PM 7. CONTINUATION OF PUBLIC HEARING - PROPOSED DEVELOPMENT CODE AMENDMENT REGARDING TREE REMOVAL DCA2009-00001 LEGISLATIVE PUBLIC HEARING - PROPOSED DEVELOPMENT CODE AMENDMENT REGARDING TREE REMOVAL (DCA2009-00001) - COUNCIL GOAL #113 - UPDATE THE TREE CODE TO MEET COMPREHENSIVE PLAN REQUEST: To amend the current Tigard Development Code to clarify how an applicant for development is to demonstrate compliance with the City's stated preference for tree protection over removal wherever possible. The complete text of the proposed Code Amendment can be viewed on the City's website at http://www.tigard-or.gov/code- amendments. LOCATION: Citywide ZONE: All City Zoning Districts APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, and 18.790; Comprehensive Plan Policies 1.1.2, 1.1.3, 1.2.1, 1.2.6, 2.1.2, 2.1.14, 2.1.24, 2.2.1, 2.2.6, 2.3.1, 2.3.6, 6.1.6, 6.2.3, 6.2.4, and 6.2.5; Metro Functional Plan Titles 1, 2, and 3; and Statewide Planning Goals 1, 2, and 6. a. Mayor Dirksen opened the public hearing, which was continued from May 12, 2009. 8:34:29 PM b. City Attorney Ramis reviewed the hearing procedures. C. Declarations or Challenges: None. d. Staff Report: Community Development Department 8:37:57 PM Associate Planner Floyd presented the staff report for this matter. He referred to the Planning Commission recommended changes to Chapter 18.790 of the Development Code, which regulates Tree Protection. The changes were before the City Council. Staff also included additional suggestions in response to public comments, feedback from City Council, and advice from the City Attorney. These additional suggestions were also before the City Council. (Changes were contained in a document marked "Exhibit A" and also discussed in a memorandum marked as "Attachment 4" in the City Council meeting packet.) 8:38:43 PM TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - July 14, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 12 of 24 The purpose of the amendment is to clarify existing ambiguity in the Development Code. This ambiguity is a stated preference for tree preservation over removal wherever possible, but this same chapter contains no corresponding mechanism through which an applicant may demonstrate this preference, or for the city to verify conformance. 8:39:04 PM As a result, the proposed amendment modifies the requirements for information included in a site plan and for the design and construction techniques to be use to carry out a tree plan. No land in the buildable lands inventory will be rendered unusable as a result of this amendment. Because no impact on the supply of buildable lands is associated with the proposed amendment, the City's inventories of residential, commercial and industrial lands remain in compliance with Goals 9 and 10. 8:39:31 PM Specific changes included in this amendment are: * Updated definitions • Softening of the City's stated preference for "tree protection is preferred wherever possible" to "wherever practicable" to allow applicants more flexibility to deal with site conditions given the available means, resources, and project conditions. • Expanded informational requirement, including o Submission of a narrative answering eight questions related to the design process used, and o Allowing either an arborist of landscape architect to approve these plans • Creation of approval criteria for tree plans • Creation of a modification procedure 8:40:15 PM The practical intent of this amendment is to ensure that the arborist or landscape architect has been consulted by other members of the project design team to inform design decision as they occur, rather than being brought in to salvage what is left after a specific site plan has been developed. Associate Planner Floyd said, "Unfortunately, this latter scenario is often the case, as observed by staff in project submittals and as reported to staff by professional arborists who work or consult in the region." Associate Planner Floyd advised that the Homebuilders Association (HBA) has concerns about the proposed amendment. Representatives are present tonight and they would like to speak to their concerns. HBA representatives have also requested a continuance of this item to deal with some of their concerns. Associate Planner Floyd said staffs inclination is to recommend adoption of the proposed amendment, with a commitment to revisit this within six months or after the first application comes in. 8:41:54 PM Councilor Buchner asked Associate Planner Floyd if he has had an opportunity to review the suggested language from Ernie Platt of HBA. Associate Planner Floyd said he had reviewed the language submitted. This language would not change the effect of the ordinance. e. Public Testimony: Proponent - Opponents 8:42:44 PM Ernie Platt, 15555 SW Bangy Road, Lake Oswego OR 97035 testified in opposition: Represents Local Government Affairs, Homebuilders Association Metro Portland. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - July 145 2009 City of Tigard 1 13125 SW HaH Blvd., Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 23 of 24 • Referred to the staff report. There are potential areas not completed covered or where unintended consequences could develop because of the wording. HBA made suggestions for changes that were rejected by the staff. The HBA is opposed to the proposal; however, they would be willing keep working on this. • Referred to "Section B.5. of Exhibit A (Page 3) - "A narrative and site plan demonstrating how the following design and construction techniques will be utilized to the extent practicable. The format of the narrative must address each technique with a 'yes' or a `no' answer..." Eight techniques are listed. Mr. Platt said there are some techniques listed that will not be applicable or appropriate for a particular application. A "yes" or a "no" is not possible to these questions. There are four possible answers to the questions: "yes" "yes, to the extent practicable" "no" and "not applicable." Mayor Dirksen commented to Mr. Platt that most of the language changes suggested by the HBA are to clarify that the trees being talked about are existing trees that are proposed to be preserved. Mr. Platt confirmed that this was correct. Mayor Dirksen said he did not understand why staff would be opposed to this. Community Development Director Bunch advised that the intent is to clarify the City's position that we wish have a preference for the protection of trees rather than removal. If there is an instance where someone decades that the trees to be preserved after a site plan has been done - the roads designed, grading has occurred, lot lines laid out, utilities developed - that essentially, by its very approach, will go against this principle to give a preference to protection of trees over removal. One needs to start from another position to reach this goal; that is, identify the trees on the site and determine which trees can be preserved through an arborist or a landscape architect's collaboration with the developer early in the process. Staff does not substitute their judgment for the arborist or the landscape architect. The proposal is for a predetermination by the developer of the property which trees shall be preserved after the design. Mayor Dirksen said he perceives the difference and said what Community Development Director Bunch was saying is with the language change being proposed, the only trees that need to be addressed are those that the developer has proposed to be preserved as opposed to addressing all of the trees on the property and how to preserve as many of those as possible. Community Development Director Bunch said if there is a situation where 90 percent of the trees have to be removed and the arborist agrees, staff would not substitute their judgment for the arborist. S:51:05 PM Mayor Dirksen said he agreed that "not applicable" should be added as a choice. He suggested also that under "approval criteria" (d) - that even if something is "not applicable" there would need to be justification why. In addition,, the answer could be "no," but the "no" answer must be justified. 8:51:56 PM City Attorney Rainis agreed with Mayor Dirksen. This makes sense because in almost all contexts pertaining to the land use process, we often ask for justification for a particular conclusion. The unique part about this ordinance and this drafting enterprise is that we have to develop an ordinance that has clear and objective criteria. We do not have procedure for a discretionary judgment by the City about whether the design is practicable or not. This ordinance represents an interesting experiment by the staff; that is, to see whether or not we can design and ordinance so the staff s and the hearings officer's judgments are clear and objective (yes or no). The applicant would be asked, early in the process, to engage a professional who will make those discretionary judgments. The staff is looking for an ordinance where it is a requirement that there be an arborist early on to be engaged in these questions as to whether something is practicable or not When the application comes to the City, the City would simply be inquiring whether or not these questions were answered "yes" or "no." If they are all answered yes, the staff will approve. City Attorney Ramis said this is a unique concept. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES July 14, 2049 Cityof Tigard 13125 SW F-Iall Blvd., Tigard, OR 97223 503-639-4171 1 www.tigard-or.gov i Page 14 of 24 8:53:31 PM Council President Wilson commented that a condition of approval would be that "they all get to `yes'." City Attorney Rams agreed that this is the way it is written. This raises the question about what would happen if you answer "not applicable" or what happens if the answer is "not practicable," If "not applicable" and "not practicable" count as "yes," then you get approved. However, City Attorney Ramis said he is not sure that is the intention. 8:54:00 PM Council President Wilson said that that the way he would read the code is that "nothing would be allowed under the drip line of existing trees," because all existing trees are to be preserved. 8:54:28 PM Mayor Dirksen said he did not read it the same way as Council President. Community Development Director Bunch added that this was not the way it was intended. He said, for example, if one of the criteria does not apply and the arborist confirms it was considered and it does not apply to the project for a set of particular reasons, the response would be "yes" to that criterion. 8:55:35 PM Community Development Director Bunch responded affirmatively to a question from City Attorney Ramis in that if the answer is "not practicable," then the answer would be "yes." 8:55:42 PM Councilor Buehner referred to her background as a real estate attorney and she said she was having difficulty understanding his explanation above. 8:56:]0 PM Associate Planner Floyd said the goal here is to make sure people have considered these criteria during design process. The techniques are being incorporated to the extent practicable (see Section 5, Page 3). Councilor Buehner challenged "what does the extent practicable mean?" Associate Planner Floyd referred to the definition section and "extent practicable" means reasonably capable of being done or accomplished with available means or resources. This an area debated by the Tree Board and the Planning Commission. Because trees are living organisms, every site is unique. There is a built in "reasonable person's standard here." The arborist and landscape architect will make the call. There is no intent to htnit development, reduce number of units, or square footage, etc. Councilor Buehner said the definition does not say that the intent is for no requirement in the reduction in the number of units to be built. 8:57:48 PM Associate Planner Floyd referred to Page 1, Section C. The Code recognizes that is necessary to remove trees to accommodate structures, streets, and utilities. He said the Code could be made more explicit. Councilor Buehner said we should have a Code that allows a developer to build to the allowable units per acre. 8:58:48 PM Community Development Director Bunch said the current Development Code does not limit the allowable density on the site; this is specified elsewhere in the Code. We have adopted standards that allow developers to build to 80 percent minimum density. The City does not get in the way between a developer and their development program and this is explicit elsewhere in the Community Development Code. This Code language is intended to accommodate development as allowed by the Community Development Code, but we axe requiring that an arborist or landscape architect involved s TIGARD CITY COUNCIL/LCRB/CODA MINUTES - July 143 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 15 of 24 early on in the process. Experience has shown that when there is this involvement, we. get a higher level of tree protection. This is an experiment trying to take a process forward that is clear and objective to the extent practicable. 9:00:04 PM Councilor Buehne-r commented that it appears that HBA does not have any problem with a: Code that would require getting an arborist or architect involved early in the process. 9:00:25 PM Council President Wilson commented pointed out that staff has to explain what they mean rather than to read it and understand what is meant. He said the proposed language sounds "so absolute in A-H" and what staff really means is that the developer should try to implement each of these techniques you can, one by one, to the extent they can. Mayor Dirksen added he could see that some of these techniques where the answer would always be "no." 9:01:43 PM Community Development Director Bunch agreed staff could clarify the language "to the extent a developer can," as long as it also does not interfere with their use of the property as otherwise provided by the Community Development Code. 9:02:06 PM Councilor Buchner suggested that staff and the HBA representatives work together on this language. 9:02:29 PM Community Development Director Bunch said staff has spent several months on this draft ordinance with the Tree Board and the HBA representative resigned. We have a broader constituency and the Tree. Board is concerned about fulfilling the direction to continue to involve citizens in this process as well. Councilor Buehner responded that this current iteration is very unclear and as it is currently written, she cannot vote in favor of the proposed language. The language needs some modifications to make it more user friendly. Community Development Director Bunch agreed that, upon City Council direction, staff can bring back revised language. 9:03:44 PM Mayor Dirksen summarized that Council President Wilson's point is well taken: "...under 5, it needs to be clear in each case, that it means `to the extent practicable.' Otherwise, at a later time, a Development Director or staff is going to read this and say, `Unless, you say absolutely yes to all of these, then your application is rejected."' 9:04:00 PM Council President Wilson shared photographs of Blue Heron Subdivision (photos are on file in the City Recorder's office). This was a Planned Unit Development that was considered when he served on the Planning Commission - about the year 2000. He pointed out there are trees standing that an arborist might have said could not have survived (i.e., paving all around the tree). He said he was concerned that more trees might be required to come down. He said that in the Blue Heron development, many houses were built close together and a great number of trees were saved. He would not want to approve language that would be counter-productive and encourage developers to get rid of trees because they would not want to take a chance of them dying. The proposed language needs more work and, possibly adding the words "to the extent practicable and allowing for a not applicable" answer might address the problems. A TIGARD CITY COUNCIL/LCRB/CODA MINUTES - July 145 2009 City of Tigud 13125 SW Hall Blvd., Tigaid, OR 97223 1 503-639-4171 www.tigard-or.gov Page y6 of 24 9:06:34 PM Associate Planner Floyd responded that Council President Wilson's remarks are consistent with what was discussed at the Planning Commission and the Tree Board The intent was never to be absolute. So, adding the language "to the extent practicable" at the end of every question, was actually discussed. The decision was made to leave it with the first sentence because it seemed to be repetitious and hard to read. Council President Wilson and Councilor Buehner commented that it needs to be made clear. Associate Planner Floyd said staff would address this. 9:07:13 PM Community Development Director Bunch reiterated that the language is not intended to substitute staff's judgment for that of a landscape architect or an arborist. The arborist and the developer can propose a tree protection/tree preservation program as long as they consider the basic, relevant factors. Staff can make the language more clear and have the City Attorney review to make sure it is clear and objective. 9:08:04 PM City Attorney R -nis said that the answers that are possible under Section 5 - "yes," "practicable," "no," or "not applicable" are also restated in the standard in Section E. We will need to make sure that where Section 6 allows the plan to be signed by an arborist or a landscape architect that this should also be reflected in the approval criteria that either can sign off. 9:08:35 PM Councilor Buehner said her concern is to make sure that the language is readable to someone who is not an experienced attorney or land use planner. In the effort to make the language clearer, it might end up being "a little longer." 9.09.00 PM Mayor Dirksen said it clear to him that the intent of "both sides" is the same. The language needs to be clarified. Craig Brown, 160774 SW 103'd Avenue, Tigard, Oregon testified in opposition: • The primary concerns are those that were just discussed. There is no clarity with regard to the intent of the language. • He was uncertain that staff and those who have testified in opposition were intending the same thing. It is evident that additional work needs to be done. • He referred to the aerial photographs in the Town Hall. Since the earliest photo to present day, there are many more trees - these carne from development There will be more trees when the trees planted by development in this current decade have matured. • He would like to see the City Council acknowledge that development has increased the tree canopy. As the City grows, housing is needed. Trees need to be removed and there are impacts from housing development, but it also encourages and supports the tree canopy. • He is involved at this time with Metro on the Reserve Committee (North Bethany - Bull Mountain Reserves). Planners need to take into consideration issues such as grades/slopes. Very few sites are ideal. It is easy to write the Code, but many times it is difficult to apply it - there needs to be some latitude. • Little concern has been given to the fact that most homebuyers want a yard. If the development is on a site where there are many trees, area needs to be cleared for a reasonable yard. • In Section 7.90.030 - Tree Plan Requirement - the measurement to the nearest 1 /10`}' of an inch is not reasonable. He suggested a revision "to the neatest inch." s TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - July 14, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.rigard-or.gov I Page 17 of 24 • He asked for consideration be given to a development on smaller lots. It is more difficult to save trees that will remain healthy after the impacts that have occurred during construction. It would be better to plant new trees after the homes are built. • He referred to Paragraph G.E. - and if all questions have been answered, it is not clear if the application has been approved or if this would mean that it has been accepted and then the application could be disapproved. He said that he does not know what Paragraph 6.E.1 means. • He referred to Paragraph 6.F - he said the requirement is excessive. 9:17:13 PM There needs to be more latitude. Community Development Director Bunch responded the intent is to provide clear and objective standards in the process to ensure the design and development considers the City's preference to protect trees over removal, to engage arborists and landscape architects in the design of these projects. The intent is to allow development to occur at the density intensity allowed by the Development Code. Yards can be provided now, but many have to pay mitigation fees. Ultimately, in the process, staff wanted to address the tree mitigation concerns. Community Development Director Bunch referred to the concerns for smaller yards and the language was intended to avoid requiring an applicant to go through a new application procedure. Associate Planner Floyd commented that the intention of the Code is to provide flexibility. We ate asking the applicants to demonstrate that they give consideration to issues regardless of site conditions. He referred to measurements and this was an attempt for standardization. Mr. Brown noted the measurement as now proposed serves little purpose and described the difficulty encountered when measuring trees. Mr. Brown asked if a site is zoned for 10 units, but it could be developed at 8 units, is it a legitimate request for the City to "say we only want you develop 8 lots, because you can save more trees?" Community Development Director Bunch referred to Metro Functional Plan, Title 1, which requires cities to develop projects at 80 percent minimum density. Tigard has placed this in the Code. Staff allows development to 100 percent density. "We developed our housing target on meeting the 80 percent minimum density. What Council has also asked us to do is go back and remove that 80 percent minimum density in our ordinance to provide for a larger range of flexibility. We have been discussing that with Metro and they believe, once we re-designate our downtown, we can do that, because we would be able our 6,792 housing units that they want us to accommodate by 2017. Yes, 80 percent minimum density is as low as Metro wants us to go." 9:23:43 PM Mr. Brown responded to Community Development Director Bunch that this was not the question. "The question was, in your view, is that a legitimate thing for the City to require, that we develop at 80 as opposed to 100 percent so that we can save additional trees." Community Development Director Bunch apologized as he misunderstood the question. Mayor Dirksen said, the short answer is "No." Community Development Director Bunch agreed with the Mayor. The City cannot require this. 9:24:29 PM Councilor Buehner said she is concerned about the "orphaned tree" situation. Her experience was that three large trees were left at the property line on her homesite and after a storm, these trees ended up "in our house." We need to be careful as we draft the Code that we are not creating the "orphaned tree" situation - this happened a lot on Bull Mountain. 9:25:19 PM Associate Planner Floyd referred to Page 3, Section 5A: "The question is, does the project protect and retain existing non-hazardous trees that are not likely to become a hazard during or soon after development, given TIGARD CITY COUNCIL/LCRB/CCDA MINUTES -July 14, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 xvwmtigard-or.gov I Page 18 of 24 their existing condition, ability to withstand unavoidable development-related impacts, proximity„ to proposed land uses and structures, and susceptibility to wind-dhow." Councilor Buehner noted this is a concern as she continues to see this as developers try to save trees to meet Code. 9:26:16 PM Community Development Director Bunch said "tine want to take our staff out of that kind of decision, because the developer will engage a professional arborist or landscape architect to make those decision. However, they have to consider it. Will they get it right all of the time - we don't know." Council President Wilson said he agreed the 1/10"' of an inch measurement comments by Mr. Brown - to the nearest inch is acceptable. 9:27:31 PM Phil Grillo (attorney), on behalf of the Homebuilders Association, Miller Nash, 3400 US Bancorp Tower, 111 SW Fifth Avenue, Portland, Oregon 97204-3699, said what has been testified tonight represents some of the unintended consequences that may occur based upon on the current Code as the proposed draft has come to the City Council. His comments included: s Described to the City Council how the Code works now with regard to tree plan requirements. 9:28:32 PM 0 Staff proposed to convert the tree plan process into a permit because of the approval criteria. This is a concern because, if you are making discretionary decisions in the context of application requirements and converting them to approval criteria, you may be delegating discretionary decisions into a situation where no one can test those decisions. He proposed, that instead of creating approval criteria for a tree plan, to create a protocol. A protocol would be gone through as part of the pre-application conference and if everything has been submitted, the application will be complete and the applicant can move forward. 9:31:05 PM This way you would not be creating approval criteria that is potentially a delegation problem, a He referred to a habitat-friendly ordinance (about 2-1/2 years ago) that amended the Sensitive Lands provisions. It is not a good idea to create new approval standards for tree removal because most of the tree removal that will be happening is going to be because of habitat areas. Habitat areas are one of the five types of Sensitive Lands. In this ordinance he referenced, it was very clear (in Council's deliberations) that no new development regulations were going to apply to the habitat areas. He said "that's exactly where these provisions of these tree codes are going to take place-they are going to create new development regulations. There is no Goal 5 analysis supporting that, there is no Goal 9 analysis, no Goal 10 analysis - the kind of homework that you really need to do, has not been done with regard to those upland areas." 9:32:51 PM He said they are trying to work cooperatively to have reasonable protocols to occur, but not make them into approval criteria. Community Development Director Bunch advised that staff followed the City Attorney's recommendation to bring these forward as approval criteria that would be clear and objective. The 180-day completeness criteria were discussed. The hearings officer or decision body would have to determine the sufficiency of the application based upon the completeness criteria, which is a reason why staff did not pursue this. Regarding whether this is Goal 5, staff discussed this in great detail with the City Attorney's office - because this is clear and objective and we are not substituting staff's discretionary criteria, the Goal 5 application is not necessarily applicable. In fact, staff recognized that for those upland areas that we would have to go through a Goal 5 analysis and the ESEE analysis to protect the trees. Staff proposes to take the feedback presented tonight, make this much clearer. The intent is to provide clear and objective standards to meet the City's goals to allow development to occur at the density and intensity allowed by the development code. 9:35:48 PM John Frewing, 7110 SW Lola Lane, Tigard, OR 97223 testified in opposition. There are premises underlying this "honorable effort" including a presupposition that die project arborist, who is hired by the developer, has i TIGARD CITY COUNCIL/LCRB/CCDA MINU'T'ES - July 14, 2009 Cite of Tigard 13125 Std FIall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov J Page x9 of N some power that "I don't think he haste' The developer will hire the arbotist who will give tl~e answer the developer wants. The concept of practicable is a problem for Mr. Frewing. Mr. Frewing referred to his question, earlier in the process, who determines "feasible." On Attachment 3, Page 7, it says that "The intended meaning is that something that the applicant determines fully and totality." There is no role for the City to determine feasibility or practicality - that's an applicant choice. "If we are going to be stuck using this kind of a fuzzy word, I think it would be clearer to the world if we said somedvng like, `The word means anything developer means it to mean.' - I mean just give it away ...I don't like the use of these fuzzy words." 9:38:16 PM Mr. Frewing said he does not like the words "feasible, practicable, or possible" without some clarification. Mayor Dirksen advised Mr. Frewing the City Council has heard this testimony before. Mr. Frewing said he ,vanted to suggest an alternative: "If a particular practice has been found to be utilized in at least five other instances in die Portland Metropolitan area, within the past five years, it is deemed feasible." He said this is objective. 9:39:06 PM Mr. Frewing noted the Tree Board's desire to add items to a previous Director's Interpretation on this matter. The Homebuilders Association is interested in addressing mitigation. During the discussion, the staff's position was to keep the scope within the Director's Interpretation. However, staff has added things such as the definition of a tree and tree measurement requirements. There is no clear basis for adding these things outside the bounds of the Director's Interpretation. Mr. Frewing said he has suggested the definition of "hazardous tree" be clarified, as being a tree that is hazardous that cannot be fixed by normal arboricultural practices. He asked the City Council to ask staff to include this kind of a clarification. 9:40:59 PM Mr. Frewing said that having the applicant respond with "yes" or "not applicable" is only a submittal requirement as far as he is concerned, unless there is something in the Code that requires the applicant to speak the truth. He asked the City Council to make sure the Code has a requirement for the applicant to speak the truth and there would be consequences if the truth was not being spoken. 9:42:08 PM Mr. Frewing said there is requirement that the plans be signed be signed by the arborist. The plans also ought to be signed by the developer. This is a joint effort to develop a tree plan. 9:42:39 PM Mr. Frewing referred to the Blue Heron Subdivision mentioned by Council President Wilson. He said the same developer did the Ash Creek Estates and the developer removed trees because of where utility ditches were dug. In addition, trees have been lost on this site that were designated as "saved trees." 9:43:42 PM Ken Gertz, Gertz Fine Homes, 19200 SW 46"' Avenue, Tualatin, Oregon testified in opposition. He said he is a landowner, stakeholder, and a member of the Homebuilders. Although, he advised he was not talking on behalf of the Homebuilders. His comments included: • He addressed the "attacks on Alan Deharpport" who went to Tree Board meetings. Mr. Gertz said Mr. Deharpport was "made to feel that his input was not really necessary or wanted." Mr. Gertz said he understood why Mr. Deharpport resigned. • Mr. Gertz said he was directed by his attorneys to "stay clear" of the Tree Board meetings. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - July 14, 2009 City ofTigard 1 13125 SW HA Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov 1 Page 20 of 24 i • Clear decisions are needed on the Code. You need a yes or no decision. He referred to an appeal by Mr. Frewing on a development that he did and referred to the issues Mr. Frewing raised Most of the issues could have been avoided if there were dear statements provided in the Code. • Mr. Gertz noted his issue with the "what is practicable" where there is no yes or no standard. He suggested: "Practicable means reasonably capable of being done to accomplish with the available means or resources, which is open-ended as far as cost goes - you really need to add something to do with why is it not practical. The practicality is that is it costs too much to do it." He offered the following wording, "With the cost to accomplish being less than or to equal to the cost to mitigate the tree as per 18.790.030(8) (2)(c)." • As a developer, he likes to save trees. The proposed Code "...is hindering us from doing our job and that's to save trees." This is why he wants language that refers to cost. • Mr. Gertz referred Section 18.790.020A.7. He suggested the text should read "above the 54-inch and not below the 54-inch." He submitted photographs depicting why the text should read "above." The photographs ate on file in the City Recorder's office. He commented on the photographs with regard to mitigation costs. He noted that the developer would have incentive to keep inferior trees. His photographs illustrated the incongruity of mitigation fees for an overgrown bush versus a stately tree. He said he would like City Council to direct staff to give his money back for a lace leaf maple tree he had to pay mitigation costs for and he considers this to be an example of the "tree code gone awry." • People are using the standards to stop development. Any tree can be saved with enough money. More clarity is needed. • Mr. Gertz questioned Section 18.790.030B.1 and whether adding the tree canopy provisions will be readable on the plans. • Mr. Gertz said that according to LUBA under the current Code, any tree can be removed as long as its mitigation is paid or a replacement occurs. • A new title needs to be added: "18.790.020C. to read - "With the exception of Tigard Heritage Trees, any tree may be removed to facilitate development provided 18.790.030 is followed."' This would take the question out of whether you can cut down a tree. • Mr. Gertz said the measurement of a tree to the 1/10" of an inch is absurd. • Mr. Gertz referred to 18.790.030B.5.d. and said it should only be applicable to commercial buildings or development that has the final building plans submitted with the development, otherwise more trees will be cut down than necessary. Developers are developing single-family lots and they have no idea what the builder will build on the lot. "You can't really put a footprint of a house on the lot if you are not the builder." • Mr. Gertz said, "I also believe that 5.e. and 5.f. are mostly geared towards commercial and PUD-type developments where the building is submitted with the land use plan. It doesn't really make sense to apply that to a single-family home. So, it should be noted what type of uses those sections are for. This has possibly already been addressed." • Mr. Gertz said, "Just as a clean-up note, I noted on B6, you have fee-in-lieu-of planning. And, to be consistent, wouldn't you just call that mitigation?" • He said in his experience he has always tried to save as many trees as possible. He described how he went about saving trees. If a tree must come down later on, he said "you got to be able to cut it down without being penalized for it." 9:57:30 PM Questionable trees should have a mitigation level of about 25 percent less stringent than requirements for other trees. • Mr. Gertz said that staff has their own set of rules of how mitigation is returned to the builder. Planning has some rather "fi=y ideas" on how to save trees. These ideas are not in the Code. As an example, "for trees under 12-inches, they want me protect them, which costs me money. They want me to put a deed restriction on a tree - that's from a six-inch to a twelve-inch tree - these are not mitigatable trees so a deed restriction to a customer is like a red flag. No homeowner wants to a house from me that has a deed restriction on it. Basically, by saving that tree, I'm losing customers. The tree takes up space ...I can't plant in that space anymore... so why would I ever want to save that tree. I don't any credit for it.`.. so it's easier TIGARD CITY COUNCIL/LCRB/CODA MINUTES July 142 2009 CityofTigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 21 of 24 to cut the...tree...down than it is to save it - and that's stupid. A builder, like myself, should be able to save those trees, not be penalized for it and actually get credit for it." • Mr. Gertz said, "My opinion of your current 9:59:44 PM street code is that it absolutely absurd, needs to thrown out, and you need to start totally fresh. And, forget trying to ;Harry the new Code into this existing one, it's just a boondoggle." • Mr. Gertz said, "replanting rules are pretty stupid too." Associate Planner Floyd responded to Mr. Gertz's comments. He said he thought everyone agreed that mitigation is not achieving the objectives we want. Unfortunately, this amendment is not meant to address this. He reminded the public that there is an Urban Forest Master Plan process going on now to look at a comprehensive overhaul of the system. Mr. Gertz's comments would be useful. Associate Planner Floyd said the definition of tree, which Mr. Gertz was concerned about is an ISA definition introduced by the staff arborist. Mr. Gertz said this is a problematic area and referred to the LUBA appeal and said this needs to be addressed. Mr. Gertz said he would like to meet with the City Attorney, review the LUBA appeal, and then do the corrections that need to be done in the Code. 10:0135 PM He referred to the costs for LUBA appeals. Associate Planner Floyd commented that Mr. Gertz's continents are getting off topic. Mr. Gertz acknowledged that he was off-topic. Associate Planner Floyd suggested that Mr. Gertz come to the Planning Commission and talk to staff about the process. Associate Planner Floyd said Mr. Gertz talked about the problems of having to commit to building footprints and dealing with changes "down the line." The staff has inserted a major and minor modification process, which addresses some of Mr. Gertz's concerns. Mr. Gertz said that was a great improvement. 10:03:12 PM Community Development Director Bunch said that staff has made a lot of efforts to respond to the Director's Interpretation as directed by the City Council to come back a codify it with something clear and objective. Mr. Bunch said he wanted to take some time to think about a strategy to go forward and avoid a repeat of this evening. He said staff would to work these issues out "offline" and get them addressed as much as possible. Mitigation was not the topic of tonight's meeting. Tonight's meeting was a way to try to get to clear and objective standards - to bring a landscape architect or arborist into the process early to consider how trees could be preserved. Staff will go back with what they have heard tonight. They will work with the Homebuilders and Mr. Grillo to get some language to clarify this. Mr. Bunch said he's glad there is a commitment to work on this. After the language has been clarified, staff will take it to the Tree Board to try to achieve the objectives Mr. Bunch outlined earlier. With regard to mitigation and those "other tough issues," we really try to work these things out to make them as clear as possible "before we get back to a public hearing." Mitigation will be incorporated as part of the Urban Forest Master Plan. Mr. Bunch said "we really need people engaged and involved consistently. 10:05:19 PM Mayor Dirksen recommended to the City Council that we go forward with Mr. Bunch's proposal. City Attorney Ramis concurred with Mayor Dirksen that the hearing should be left open and continued to a date not certain. This hearing will bete-noticed. 10:05:52 PM Mayor Dirksen said it is worthwhile to "take this around the block" one more time. However, we do have the Urban Forest Master Plan, which is intended to pull this entire section out and reinsert new language. If we I TIGARD CITY COUNCIL/LCRB/CCDA MINUTES July 14, 2009 City of Tigard 13125 5W HA Blvd., Tigard, OR 97223 1 503-639-4171 wxvw.tigard-ongov Page 22 of 24 cannot come to an agreement the next 4 fine around, he suggested waiting for the next few months until the draft Plan comes out. He asked people to consider if it would not be worth it to give this a few months of trial to determine how this works. 10:06:42 PM Community Development Director Bunch reminded that once the Code language is adopted, it "won't be there forever." Periodic evaluations can be done to evaluate how it is working. 10:07:17 PM Councilor Buchner commented about her service on numerous citizen committees. Trees tend to be a passionate subject. It is important for those who represent the development industry to recognize the fact that there are many people who are passionate trees, but it does not mean that they have a bigger voice. She added that it is really important "to have folks from the development industry stick it out and participate in the committees." 10:08:34 PM 9:35 PM 8. AUTHORIZE THE CITY MANAGER TO SIGN THE PURCHASE AND SALE AGREEMENT FOR THE JOHN H. ZUBER PROPERTY Motion by Councilor Buchner, seconded by Council President Wilson, that the City Council authorize the City Manager to sign the purchase and sale agreement for the John H. Zuber property. Mayor Dirksen explained this is a piece of property that is necessary to go forward with the Burnham Street and Ash Avenue improvements in the downtown. The purchase price is $540,000. The majority of the property can be redeveloped after the right of way needed has been removed. The motion was approved by a unanimous vote of City Council present Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Absent 9. COUNCIL LIAISON REPORTS: None 10. NON-AGENDA ITEMS: None 10:09:34 PM 11. ADJOURNMENT Motion by Councilor Buchner, seconded Council President Wilson, to adjourn the meeting. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES -July 14, 2009 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 tvww.tlgard-or.gov I Page 23 of 24 -t I The motion was approved by a unanimous vote of City Council present Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Absent Catherine Wheatley, City Recorder Attest: Mayor, City of Tigard Date: I:IADMICATHYICCM120091090714 final.doc TIGARD CITY COUNCIL/LCRB/CCDA MINUTES --July 14, 2009 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 wwcv.tigard-or.gov Puge 24 of 24 City of Tigard Tigard Business /Workshop Meeting Minutes TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: July 21,2009/6:30 Business/Workshop Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 BUSINESS MEETING a. At 6:35:44 PM Mayor Dirksen called to order the Tigard City Council and Local Contract Review Board. b. Deputy City Recorder Krager called the roll. Present Absent Councilor Webb x Council President Wilson X Councilor Buchner X Mayor Dirksen X Councilor Henderson x c. Pledge of Allegiance d. Council Communications & Liaison Reports - None e. Call to Council and Staff for Non-Agenda Items - None 1. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) 1.1 Approve City Council Minutes for May 26, 2009 1.2 Extend Intergovernmental Agreement through June 30, 2010, with Metro Providing Police Department Support for the Enforcement of Metro's Illegal Disposal Ordinance 1.3 Local Contract Review Board: a. Award Pavement Overlay Pavement Major Maintenance Program (PMMP) Contract b. Approve Pef!ehase of Five New Patrol Vebieles though the St~tte of Gregan Gefftrae Note. Item 1.3.b removed from Agenda on July 17, 2009. Councilor Buchner moved to approve the Consent Agenda. Council President Wilson seconded the motion and all voted in approval. TIGARD CITY COUNCIL/LCRB MINUTES - July 212 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-ongov Page 1 of11 Yes No Councilor Webb Absent Council President Wilson x Councilor Buehner X Mayor Dirksen X Councilor Henderson Absent • WORKSHOP MEETING 2. DISCUSSION WITH CITIZENS ON THE FORMATION OF AN AQUATIC DISTRICT TO FUND THE OPERATION OF THE TIGARD TUALATIN SCHOOL DISTRICT'S SWINIlVIING POOLS 6:38:20 PM Public Works Director E oellermeier introduced this item. He said the swimming pools at the high schools in Tigard and Tualatin are suffering financially and the Tigard-Tualatin School District (TTSD) is talking about closing them. He said a group of concerned citizens has proposed a solution to keep the pools open. He introduced spokesperson Pam Griffith, representing a group of citizens wanting to preserve the pools at each high school for the community's benefit. Ms. Griffith said the swimming pools have been operating at a loss for the Tigard-Tualatin School District (TTSD) and the District indicates that they cannot continue to accept these annual losses, which are calculated to be $500,000 to $600,000 per year. Options include mothballing or closing the pools, on which construction costs are still being paid by people in the TTSD and will be until the year 2016. She said the group proposes the formation of a special Aquatics Park and Recreation District under ORS Chapter 266. The essential features of the proposal are: 1) District boundary would be the same as the current TTSD boundary. 2) The District would be managed by a five-person board of directors, elected at-large from members of the new District. 3) The District would be funded by a permanent tax levy (9 cents per $1,000 of assessed property in the district) 4) TTSD would continue to own the pools and the new District would operate them. They are considering a lease arrangement. This is a limited special district request, and is only for the purpose of continuing the status quo operation of the pools. No expansion is being contemplated. The communities are major users of these pools, at a level of 100% in the summer and 80% the rest of the year. Benefits to the cities (Tigard, Tualatin, Ding City and Durham) include swimming lessons, recreational opportunities for 0 ages, family swims, lap swims, water polo, swim teams, rehabilitation and exercise, and training for law enforcement, firefighters and the FBI. Swimming pools also provide added value to neighborhood homes. Regarding process, Ms. Griffith said the group has spoken with representatives from the cities of Tigard and Tualatin, Washington County, both city's park boards and the TTSD. She said they are asking the cities for certified resolutions of support; consenting to the formation of this special district. She said they need to present a petition to Washington County by September, 2009 and this needs to be on the ballot by May of 2010. People would be voting on: • Approving the formation of the district ■ Approving the tax levy ■ Electing a board of directors TIGARD CITY COUNCIL/LCRB MINUTES -July 21, 2009 _ City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 wwtiv.tigard-or.gov Page 2 of11 6:46:34 PM Council President Wilson expressed concern that part of Tigard isn't in TTSD or the Tualatin Hills Park and Recreation District and wouldn't be part of this proposed special district either He said Council recently approved a Parks Master Plan that for the first time had a recreation program component and he would like to see an analysis of how an aquatic district (that doesn't quite cover all of Tigard) and a citywide recreation program (that alight include aquatics) could coordinate. 6:48:13 PM Ms. Griffith responded that the primary reason for using the TTSD boundary is that citizens within that district are still paying for the construction of the pools so it makes sense to have those same people pay for the operation. Residents who are not in the TTSD boundaries would not be discouraged from using the pools but there might be a slightly increased fee for them. Another reason for choosing that boundary is a TTSD recommendation that the boundaries match. She said an additional complication is obtaining a new boundary map. She said they understand that it is easier to annex additional territory after a district is formed than to include the entire cities of Tigard and Tualatin. She said their effort won't interfere with any plans that Tigard may have for parks and recreation, and in fact it could be complimentary. She reiterated that this is a limited effort, solely to fund the pools at this crisis stage. She said, "If we wait until other plans are in place, the pools may be lost." 6:50:52 PM Council President Wilson said that Tigard is contemplating a Parks Bond and while the timing is uncertain at this point, Council is concerned about both being on the ballot at the same time. 6:52:26 PM Mayor Dirksen asked how they arrived at the figure of nine cents. Ms. Griffith said their volunteer accountant obtained and analyzed historical financial information and projected the anticipated operating costs for the next ten years. The assessed property values were given to them by TTSD. Councilor Buehner asked, "Things happen and major infrastructure needs come up. Is money being set aside for a major revamp if necessary?" Ms. Griffith said they did plan for contingencies. 6:54:20 PM Mayor Diduen said an economic feasibility study is required in order to put this on the ballot. He said before Council considers a resolution, this would need to be reviewed. He referred to comments made by Council President Wilson regarding the proposed boundary and said he would favor including all areas of Tigard in the aquatic district. He said a separate boundary study would not be required because one exists already. City Manager Prosser asked Finance and Information Services Director LaFrance to discuss the financial analysis with Ms. Griffith. He mentioned that the City Attorney reviewed the draft resolution and indicated it goes farther than required. He asked Council for their comments or suggestions on the proposed resolution. Mayor Dirksen said Council would want to follow the wording recommendations from the City's legal counsel. Mayor Dirksen commented that everyone is struggling in this economy and commended the group for corning together to work towards a solution. Note: The following item was heard out of order: Agenda Item 4 mas heard befor-e Agenda Item 3. TIGARD CITY COUNCIL/LCRB MINUTES - July 21, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 w~v~vxigard-or.gov Page 3 ofll 3. PRESENTATION OF THE RESULTS OF THE PARKS BOND SURVEY AND DISCUSSION REGARDING PARKS BOND MEASURE ELECTION DATE 7:12:08 PM Public Works Director Koellertneier introduced representatives from the Trust for Public Lands gPL), Geoff Roach and]oshua Alpert. He said TPL has been assisting the City recently with acquiring the howler property from the Tigard-Tualatin School District. In addition, TPL assists government agencies and municipalities in analyzing and organizing other conservation and park land issues. He said one of Council's goals this year is to continue planning for park acquisition and a parks bond is anticipated for 2010. He said TPL helped the City with a voter attitude survey and are present to interpret the results. 7:14:04 PM TPL's NW Conservation Services Director Joshua Alpert said the Trust for Public Lands helps communities determine whether the timing is right to go forward with conservation finance measures and if so, assists with campaigns. He described the May 2009 telephone survey process. He said there is a very high voting populace in Tigard which is helpful when putting something on the ballot. He said 68% felt the City is going in the right direction - an unusually high number - and 85% of those polled said they felt good about the City. 7.21:09 PM Council President Wilson asked who wrote the survey questions. Mr. Alpert said they are based on a template but City representatives such as City Manager Prosser were pulled in to work with the pollsters. 7:22:24 PM Mr. Alpert said TPL recommends that the City put a $20 million bond measure on the ballot this November for natural area preservation, water quality protection and wildlife habitat conservation. He said, "The tuning issue may be the surprising part here but when we see surveys like this, our immediate inclination is to go as quickly as possible." He said with the current economy, timing is critical. He said there is still time to go ahead with this in November and run a robust campaign with a lot of public involvement. The filing deadline is September 3 which gives the City time to work with the City Attorney and bond counsel to put the correct language in place. He said at that time TPL's work with the City would end and they would become de facto campaign consultants. 7:24:43 PM City Manager Prosser cautioned that under state law, no public body can engage in campaigns; they can only provide impartial information. He suggested Mr. Alpert discuss the role of a citizen's group as a campaign organization. Mr. Alpert said they work with citizens to help run a campaign. He pointed out that Council, as elected officials, can campaign. 7:26:04 PM Councilor Buehner asked what they think the impact of the economy had on a survey taken in May and how that relates to how people might vote in November. Mr. Alpert said surveys are generally considered valid for one year, but in this economy surveys have a shelf life of seven or eight months. He noted that even in this economy, the Trust for Public Lands had an 86% passing rate last year for measures they were involved with across the country. He said these survey numbers would be right on track for November. May election results would depend on what is happening in the economic climate at that time. 7:27:54 PM Council President Wilson asked where they got the $20 million figure and the cost per thousand. Mr. Alpert said, "We have a rule of thumb that $50 per household is standard. $65.00 per household is not out of reach." 7:29:09 PM Public Works Director Koellermeier said we are trying to fill the non-SDC (System Development Charge) gap. Council President Wilson asked him if he was comfortable with the cost estimates in the Parks Master Plan. Mr. Koellermeier said there were as good as they could be at this point. Mayor Dirksen said the figures are promising, and Council has made the purchase and preservation of open space a priority. He said, "If we wait any longer, the land will be gone." TIGARD CITY COUNCIL/LCRB MINUTES - July 21, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 www-tigard-or.gov Page 4 of11 7:31:16 PM Councilor President Wilson said he also favored moving forward quickly because he didn't think property was ever going to be cheaper. Councilor Buelxner said that she is convinced as well that the City should move ahead in November. 7:31:59 PM City Manager Prosser said the September 3 deadline could be an issue for Council as the next meeting is not until August 11. He asked Council to give him direction if they are interested in a ballot measure in November because the City Attorney will need to be contacted and discussions held about the types of projects to include. 7:33:41 PM Council President Wilson asked the TPL representatives to comment on why some projects didn't score as highly in the survey, such as the downtown plaza project. He asked if including such projects would jeopardize the bond. Mr. Alpert said, "No, I don't think it would jeopardize it as long as the package that Council puts together reflects the top tier items that were selected as, `extremely important' or `very important' priorities by those surveyed." He said he didn't know why the downtown plaza or trails didn't test as highly but this would not preclude adding them to the list of projects for a bond. Mayor Dirksen said he hoped this reflects that citizens feel the same sense of urgency as he does towards purchasing property and preserving it as open space. Note: Agenda Item No. 4 was heard out of order. It was heard prior to Agenda Item No. 3 4. REPORT ON WASHINGTON COUNTY URBAN AND RURAL RESERVES PROCESS 7:02:41 PM Community Development Director Bunch reported that Washington County is asking local jurisdictions to advise them on the size and locations of urban and rural reserve candidate areas. After that the County Commission will forward its recommendation to the Metro Reserves Steering Committee. He said the County has designated 46,000 acres as urban reserves study areas. He said this 46,000 acres also includes the land Tigard acknowledged that it expects to provide services to in the next 30-50 years. There is some opposition from the farming community to the designation of the 46,000 acres. The County will host an open house on August 20"' for public comment on the proposed urban and rural study areas. Tigard City staff will be in attendance and will also have a written narrati ve available. Washington County asked for a report by Monday, July 27, and Mr. Bunch indicated to them that Tigard's City Council would need to review it first. He said he would have a report to Council in the Council Newsletter on Friday or in a Study Session. Community Development Director Bunch said it was his understanding that Tigard's position is that they are satisfied with the amount of land the City is expected to serve in the fixture. The expected use for this land is low and medium density housing. And because the City is not contiguous with any of the land out there it is not the City's priority. He asked Council if this was still their position regarding this matter. 7:07:53 PM Council concurred that nothing has changed with their earlier direction. Mayor Dirksen commented that while it is anticipated this land will become low to medium density housing, since it is not going to come into the Urban Growth Boundary for 20 years or so, we cannot really speculate about what the needs for this land will be. 7:0935 PM Councilor Buehner said the City's policy may change if petitions are received from citizens living outside the Urban Growth Boundary and within Area 64. She said she met with Metro Councilor Harrington who suggested Tigard include in their narrative that land near Roy Rogers Road could eventually be employment land (as well as residential development) given its excellent transportation, infrastructure and proximity to a light rail station ihi Sherwood. She said Metro Councilor Harrington also suggested that Tigard TIGARD CITY COUNCIL/LCRB MINUTES -July 21, 2009 City of Tigard 1 13125 SW Fall Blvd., Tigard, OR 97223 1 503-639-4171 1 `vww.tlgard-or.gov Page .5 of1l consider a joint presentation with Tualatin, Sherwood and King City as to how this area should develop over the next 50 years. 7:10:59 PM Council President Wilson said the current situation of Areas 63 and 64 is of concern to Council in that Tigard has no active role in their planning but their further development would impact Tigard. 5. FINAL REPORT REGARDING THE STREET MAINTENANCE FEE PUBLIC OUTREACH EFFORT Engineer Duenas introduced staff team members Finance and Information Services Director LaFrance, Community Development Director Bunch, Public Works Director Koellermeier, Rights-of-Way Administtator McCarthy, Assistant Planner Daniels, and Associate Planner Floyd. 7:37:35 PM Engineer Duenas introduced members of the reconstituted Transportation Financing Strategies Task Force who were in attendance: Bev Froude, Chris Warren, Tony Rivano, and Rick Parker. He noted that Councilor Buehner was the Council representative on the Committee. He discussed the process used for public outreach and asked the team members for their impressions. He said they started in February by creating a Street Maintenance booklet and met with stakeholders, as Council requested. A wide variety of meetings were held with businesses, non-profits and churches. They attended the Tigard Farmers Market twice to talk with people. Other venues for public comment were also provided. He said the report shows that the charges do not seem to be of great concern to Tigard residents. A small minority of residents don't want to pay more, especially at this time. Small businesses are very concerned as well as non-profit organizations and churches, who have been hit with lower budgets. Larger businesses said while they don't want to pay more, they understood the problem and would not oppose an increase. He said $1.1 million in stimulus funds would help with arterial road restoration and provide some flexibility, which will be addressed later in the financial recommendation. 7:41:32 PM Task Force Member Warren said he is a plumber and his perspective is to take care of things that are working and keep them working so they don't get more expensive to fix. He said, "It is important to keep the infrastructure maintained to make sure we don't let things deteriorate until it costs three to five times more to replace there." He attended several meetings and was sympathetic to small businesses but felt that everyone should shoulder the responsibility. Mayor Dirksen asked if anything he heard or saw changed his opinion. Mr. Warren said he commiserated with some small businesses but felt that now is not the time to start a downward cycle. He suggested there be adjustments for non-profit organizations and churches. 7:45:43 PM Task Force Member Parker said he didn't attend the public forums because he was opposed to any increase from the beginning. He said the City missed the mark years ago when evaluating infrastructure which put them in this position now. He said not enough money was requested when the street maintenance fees were originally enacted. He said he met with four downtown business owners who were all against a fee increase. He said three owners expressed concern that they wouldn't even be in business next year and he wished they would have been present tonight. He said two businesses understood the connection between better roads and customer access. He said the downtown businesses community is in tune with the local economy and he said that public comment is clear. He said Council has two options: tabling increases for a few years and pulling in the business community more, or directing City staff to find money elsewhere. TIGARD CITY COUNCIL/LCRB MINUTES - July 21, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 xvwxv.dgard-ongov I Page 6ofll 7:50:25 PM Task Force Member Rivano said he didn't attend any public meetings but discussed feedback from the community in the Transportation Financing Strategies Task Force meetings. He suggested looking at the scope of each job since construction businesses are in bad shape right now and it might cost the City less than what the consultants said it would cost. He asked why the City couldn't bid the jobs for the next 3-4 years and then come back with a number. He mentioned the economy, the bond measure just discussed tonight, and business owner concerns as his reasons for remaining on the fence regarding this issue. Task Force Member Froude mentioned that she was on the previous Transportation Financing Strategies Committee and attended some meetings but thought the City needs to look at this more closely. She declined to say whether she was for or against the fee increase. 7:52:56 PM Mayor Dirksen asked the Task Force members to comment on the public outreach process and whether they found it a valid program that gave citizens adequate opportunity to give input. Task Force Member Parker said he was amazed at the level of planning and time commitment City staff put in to receive comment and he was pleased to see the response volume. Task Force Member Warren said he was surprised at the lack of people who showed up. He said 75% of individuals, after hearing an explanation of the physical and fiscal situation, agreed that this made sense. He commented that democracy is about showing up and he questioned why the four business owners referred to by Mr. Parker earlier didn't attend. Rights-of-Way Administrator McCarthy said his outreach participation included attendance at the Farmers Markets and Chamber of Commerce and one-on-one discussions with about 60 people, the majority of which were residents, not business owners. His perspective as a staff person is that he is providing data and not advocating one way or another. The majority of people he talked to were positive about it. He did hear from 15 of the 60 who were somewhat negative about fee increases for any purpose. He noted that larger businesses were favorable and smaller businesses worried about their bottom line. He noted that recent bids received for the upcoming slurry seal project were within 10% of the City's estimate. Assistant Planner Daniels summarized new ways used by staff to reach citizens: • Attending Tigard's Farmers Market, advertising that the City would be there at a certain time to discuss a particular topic. There were people who attended the market specifically to talk about this issue. • More comments were received online. • A street maintenance fee outreach video was created and shown on TVCTV and online Associate Planner Floyd said he attended six of the meetings and wanted to add two comments to the items mentioned previously. He stressed that it is important to businesses that both residents and businesses share this fee. There was a rumor out in the business community that residents don't pay for this. His second item is that for smaller businesses, timing is the big issue, not necessarily the need for the fee. 8:03:45 PM Councilor Buehner said she attended three of the meetings. She said she was shocked at how few business owners showed up to voice their opinions. She mentioned attending one meeting with a large business which was very positive about the fee. 8:04:45 PM Council President Wilson asked about the differences in street ratings obtained in 1999 and 2007. Engineer Duenas replied that an overall condition index was not completed in 1999 and this new system relies on the Pavement Condition Index (PCD. He said the average now is 68, although 75 would be a comfortable range to be in since a variety of treatments can be applied. He said a rating lower than 60 TIGARD CITY COUNCIL/LCRB MINUTES -July 21, 2009 City of Tigard 13125 SW Hail[ Blvd., Tigard, OR 97223 1 503-639-4171 svtvw.tigaud-ongov Page 7 of11 would mean we are going downhill. He- emphasized that in 2003, there were four different items proposed to Council but they only approved the pavement maintenance part. Finance & Information Services Director LaFrance said from a financial perspective the goal is to bring Tigard up to a service level where the pavement condition index (PCI) is 75%. He said they learned that regular maintenance is cheaper than rebuilding deteriorating roads. He said about $2.5 million each year is required to maintain Tigard's transportation system. He said the recommendation from the Transportation Financing Strategies Task Force was to do this through a street maintenance fee to maintain the $2.5 million target, maintain the service level goal of a 75 PCI rating, and to maintain the current fee split methodology (businesses 55%/residential 45%). Based upon outreach there are some changes proposed by staff. o Residential fee will now be phased in over two years. o Commercial and non-profit fees will not be raised in 2010; the total increase will be over a four year period up to full implementation by 2013. This is in line with Councilor Henderson's suggestion that commercial fees not be increased this year. o The ARRA stimulus money will help with arterials, for which the commercial side is largely responsible. Finance & Information Services Director LaFrance said staff would like to bring a proposal to Council at the August 25, 2009 business meeting. 8:12:00 PM Mayor Dirksen noted that there were only three of five Council members present. He said the proposal is interesting and moving in the right direction, but he wanted time to review it. He mentioned hearing from those opposing a fee increase that this outreach was useless because the city "had already made up their minds." He said this is not true as Council has been waiting for the input summarized tonight and no decisions have been made. 8:14:15 PM Councilor Buchner spoke on behalf of Councilor Webb about recommendations regarding non- profits and churches. Engineer Duenas said religious institutions pay 50% and are classed the same as commercial properties, which will not see any increase the first year. 8:14:55 PM In response to a question from Council President Wilson, Engineer Duenas confirmed that the current proposal includes right-of-way maintenance. He said this gives people a good impression of the City if the right of way is maintain and also prevents fire hazards. Community Development Director Bunch asked if Council needed any additional information in order to make a decision. Mayor Dirksen said he wants to see the proposal both with and without right of way maintenance, for comparison. Councilor Buchner agreed and said the addition of anything new should be deferred because of the economy. She said she understands that Summerfield residents are concerned about this and suggested they come to the City and propose a contract with the city to take care of their right of way. Council President Wilson said that Council will have to make decisions without having certain information. He commented that the street maintenance fee has to be raised at some point - the only question is when. City Manager Prosser said he will meet with staff and the Mayor and schedule time for discussion at a future Council meeting. Councilor Buchner thanked staff and committee members for their work on this. TIGARD CITY COUNCIL/LCRBMINUTES - July 21, 2009 City of Tigard 1 13125 SW Ilall Blvd., Tigard, OR 97223 1 503-639-4171 1 wwtv.tigard-or.gov I Page 8 of11 6. DISCUSS BUILDING DIVISION FEE ADJUSTMENTS 8:23:17 PM Finance and Information Technology Director LaFrance discussed the process used to establish service levels in the building division. He said through the budget process the Budget Committee decided that $300,000 of the deficit in the Building Division Operating would come from the General Fund. Staff was instructed to come back with options and recommendations to raise an additional $250,000. He noted that fee tables need to be sent to the State for 45 days so hearings can be held. Because of this timeline, the City has already lost one quarter of the year in which to raise this money. He asked Council to confirm that the Building Department has 12 months to come up with the $250,000, not nine months. Council agreed to the 12-month timetable. Finance and Information Technology Director LaFrance discussed three options. Option #1 shows model fees from jurisdictions in the West Portland Metro area. He recommends taking part of Option #1 and some of Option #3. He said that basically, Tigard's fees would be around the top of the market, plus 6%. Interim Building Official Van Domelm gave additional information on the State's required 45-day period. He said the 45-day period is an appeal period. Any appeals would require further justification from the City. It is up to the State to determine whether a city's fees are within reason. 8:34:36 PM Councilor Buchner asked if Tigard's building permit fees were far below the market. Interim Building Official Van Domelan said Tigard's fees are below the City of Beaverton's and there was also a fee decrease three years ago based on valuations. City Manager Prosser said building fees ate set by the City and then applied to a valuation table set by the State. The State started updating their valuation tables every six months. Council Buchner asked if, given the current economy, many other jurisdictions were going through the same process. Interim Building Official Van Domelan said they were. He said other assumptions include the number of permits the City thinks they can sell this year. Finance and Information Technology Director LaFrance mentioned a community safety component and said there are tunes where the actual costs of inspecting a water heater are not charged because they would almost equal the cost of a new water heater. He said, "We don't want to discourage proper inspections of gas water heaters, for example, due to the cost being too high." Community Development Director Bunch said that with the current economy and the fiscal crisis, the City needs to become sophisticated in terms of permit modeling and costing. He said that with the model presented tonight staff feels that the $250,000 can be raised to help lower the subsidization from the General Fund. He expressed appreciation for the work Finance and Information Technology Director LaFrance and Interim Building Official VanDomelen have done on this. Council agreed that Interim Building Official VanDomelen's models that are based on Option #1 and the 6% increase could be submitted to the State to begin the 45-day period. 7. DISCUSS BUILDING DIVISION SERVICE SCHEDULE Mayor Dirksen asked Council if they had read through the proposed Building Division service schedule in their packets and if there was a need for discussion. Council indicated they were familiar with the proposal. Mayor Dirksen said the justification for staggering hours and limiting days so that people are working full shifts made sense. Interim Building Official VanDomelen commented that this fits in with Finance and Information Technology Director LaFrance's,model and Council's prior direction on inspection service levels. TIGARD CITY COUNCIL/LCRB MINUTES -Lily 21, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 -,vww.tigard-or.gov Page 9 of11 8. DISCUSS INITIATION OF A CODE AMENDMENT EXPANDING OPPORTUNITIES FOR OUTDOOR FUNDRAISING EVENTS 8:53:27 PM Associate Planner Pagenstecher said the purpose of this item was to open a discussion on whether a Community Development Code amendment should be issued to expand opportunities for public benefit and community service organization outdoor sales events. He said this was precipitated by the Tigard Grange wanting to hold outdoor sales in their parking lot and finding that it is not allowed under the current Development Code. They questioned how the Tigard Farmers Market is allowed to operate in the parking lot of Young's Funeral Home. Mayor Dirksen said the current Code doesn't really prohibit this; it just doesn't address it very well. Councilor Buchner asked if seasonal temporary sales, such as Christmas trees or berries, were a problem with the current Code. Associate Planner Pagenstecher said these uses are listed in the Code but "Saturday Markets" or farmers markets are not and they would not meet the current criteria of a limited duration to 30 days, for example. 8:55:46 PM Community Development Director Bunch pointed out another difference with the Grange's request is it is undertaken solely by a non-profit entity for the benefit of that entity. He said with Saturday markets, it is a chartered organization but the people who actually sell the goods are making a profit for themselves. He said the Grange wants to sponsor a farmer's market where operators would pay a small rental fee to the Grange, but make an individual profit. This does not follow the Code. 8:56:40 PM Councilor Buehner asked if the City can specify what is governed by this Code, i.e. flea markets, or farmer's markets, etc. Associate Planner Pagenstecher said that can be handled simply by issuing a permit that specifies time, place, manner and type of product. Farmers' market products are fruits, produce and flowers. Sometimes arts and crafts can be added if they are secondary to the produce sales, and food may be allowed. Councilor Buehner and Council President Wilson mentioned these concerns: o Parking issues o Visual Clearance o Impacts on nearby neighborhoods o Perpetual flea markets or on-going garage sales should not be allowed Associate Planner Pagenstecher said currently visual clearance and parking can be regulated with very specific, time-tested regulations. He said these uses can be limited to Commercial, Light Industrial or Heavy Industrial Zones. Associate Planner Pagenstecher said Lake Oswego, for example, ]units these events to east and west end Commercial Zones and the Lake Grove Industrial zone. Tigard currently limits seasonal sales to the Commercial, Heavy and Light Industrial Zones but there are also cities that pre-approve certain properties for this use, such as the City of Portland does by leasing public parks for the purpose of Saturday Markets. 9:01:27 PM Council President Wilson commented that these uses are most viable on arterials since they depend on drive-by traffic for customers. 9:02:31 PM Community Development Director Bunch said staff will develop a proposal taking into account Council's concerns, and bring it forward to the Planning Commission. Mayor Dirksen said, "As always, our goal should be to make our Code such that citizens are allowed to do things as long as they don't impose a burden on others." TIGARD CITY COUNCIL/LCRB MINUTES - July 21, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 www.tigard-ongov I Page 10 ofll -1 1 9. ADJOURNMENT At 9:03:16 PM Council President Wilson moved for adjournment. Councilor Buchner seconded the motion and all voted in favor. Yes No Councilor Webb Absent Council President Wilson x Councilor Buchner x Mayor Dirksen x Councilor Henderson Absent Deputy City Recorder Attest: Mayor, City of Tigard Date: 1AADM1CAT1-IY\CCM\2009\090721 workshop.doc TIGARD CITY COUNCIL/LCRB MINUTES - July 215 2009 Cite of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 wtvtv.tigard-or.gov Page 11 of11 Agenda Item # Meeting Date August 25, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Receive and File 2008 Police Department Annual Report k /I I - CS Prepared By: C elefBill Dickinson Dept Head Approval: L 4V-I -x-41-City Mg Approval: ISSUE BEFORE THE COUNCIL Should the City Council receive and file the annual report for 2008 as required by the Tigard Municipal Code. STAFF RECOMMENDATION Receive and file the annual report. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal Code (TMC) 2.30.050 requires that "The Chief of Police shall provide for an annual public review and evaluation of all Department goals and objectives, and progress toward their achievement." This will be the second year that the annual report is being presented in a report format that will be published as Nvell as being available on the Department's webpage for both the public and City Council members to review: In addition to outlining the goals and objectives of the Department, the report presents crime trends and shares what the Department is doing to address those evolving trends when they are fast identified. The report also shares the strategic objectives and strategies that were developed to guide us in identifying what resources will be needed to meet and accomplish our long-term goals. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST 2008 Police Department Annual Report FISCAL NOTES N/A % x~ 7 1i e •t ~ - ~x'15 i 1\< , - 1-,-7, e K., 2008 ANNUAL R PORT pOV" ' OF"*ER , TIGARIj POLIGE OREGON A MESSAGE FROM THE CHIEF ~ s NEEL- Mayor Craig Dirksen City Council Members Craig Prosser, City Manager Citizens of Tigard I am pleased to present this annual report of the activities of the Tigard Police Department for 2008. The City Council describes Tigard as "A Place to Call Home." To support this, one of the Police Department's major goals is to "enhance the safety and security of Tigard's residents, visitors, and businesses." Our stated mission to "create the highest level of livability possible by working with our citizens to preserve and protect life, liberty and property." This annual report is intended to share what the individual and collective efforts have been in 2008 by Department staff to keep Tigard "A Place to Call Home." In 2007, the City of Tigard conducted a "Community Attitudes Survey" in conjunction with Campbell DeLong Resources, Inc. The results of the survey told us that 87% of the total respondents indicated that feeling safe is most important to them. This was the highest ranking of all favored characteristics that could be used to describe a city. When asked how the City was doing, 74% of those surveyed indicated that residents did feel safe, showing that our performance was in line with their high ranking of important characteristics. Our efforts during 2008 were targeted to sustain and exceed this performance expectation of our citizens. Under the City of Tigard's municipal code, the Chief of Police "shall provide for an annual public review and evaluation of all department goals and objectives." This is the second year that a published annual report has been prepared to serve this purpose. I'm happy to report that there have been some major milestones reached this past year and I continue to be very proud of the efforts and level of service that each of our officers and staff have provided to the citizens of Tigard. To have reached those milestones meant that the Department had the support and resources to continue to commit ourselves to the philosophy of community policing and working with the community to solve problems. This is perhaps best reflected in one of our Department's major accomplishments. The Commercial Crimes Unit, funded through an increase in the business license fee and supported by the local business community, completed its first full year of operation. This annual report also presents data collected over this past year on calls for service, crime statistics, and it highlights the many activities and other additional programs that the Department focused on during the year. In addition, this provides an opportunity to share with the City Council and Tigard citizens what the department's goals and strategic objectives are for the coming years. I am happy to report that 2008 was the fourth year in a row where we have seen a decline in Part I crimes, a 10.5% decrease from 2007 and a 39.4% since 2004. I'm also happy to report there was a 35% decline from 2007 in person, property, and Measure 11 crimes. I'm very proud of the high level of effort it has taken on the part of officers and other staff to make this happen! On behalf of the entire staff, I also want to thank the Mayor and City Council for the important role they play in the setting of priorities and providing the support necessary that has allowed the success of our agency. For more information on the Tigard Police Department, please visit our website at www.tigard-or.gov/police. Sincerely, William Dickinson Chief of Police 2 1 2008 Tigard Police Department 1 2008 Annual Report MISSION STATEMENT 0V PtCft TIGARD POLICE POtilGB IWARD MISSION POL101 OREGON The Tigard Police Department strives to create the highest level of y livability possible by working with our citizens to preserve and protect life, liberty and property. VISION The Tigard Police Department is committed to achieving our mission by: Partnering with citizens and other departments Developing well-trained, ethical and accountable employees Earning public trust and confidence through our actions and values GOALS The goals of the Tigard Police Department are: To reduce crime and the fear of crime To assist the City of Tigard in the accomplishment of municipal goals and objectives To enhance the safety and security of Tigard's residents, visitors and businesses To preserve constitutional and civil rights, and foster good citizenship in our youth CORE VALUES Attitude Leadership Integrity Service Teamwork 2008 Annual Report 1 2008 Tigard Police Department 1 3 A LITTLE BIT OF HISTORY We are honored and proud of the leadership that has formed the foundation of our Police Department. A plaque has been initiated in their honor that will be displayed in the Police Department. CHIEF OF POLICE WILLIAM DICKINSON Appointed Chief of Police in February of 2003 bringing a wealth of law enforcement experience. He is committed to maintaining Tigard as a quality City placing significant importance on Tigard youth. Chief Dickinson has brought increased technology and improved training in an effort to improve communications between citizens and police. RONALD GOODPASTER DAVID LEHR Appointed Chief of Police in August Appointed Chief of Police in April of 1986. of 1989. After adopting a Community Through his efforts, the Police Department policing philosophy, he searched for. increased staffing and got much needed opportunities to work with residents and new equipment and electronics. address neighborhood issues. ROBERT ADAMS HUGH WILKINSON *=w, Appointed Chief of Police in March of Appointed Chief of Police in January of 1972. For fourteen years, Adams led the 1966. Wilkinson began organizing the Police Department through tremendous ' Police Department by separating divisions growth from the "small town on the way to and establishing positions for supervisors. the coast" location to what it is today. DONAL BATCHELAR C. E. JANOE Hired as the first Chief of Police in City Marshal of Tigard from January to September of 1963 when the Tigard Police June of 1963. His primary duty was to Department was established. Prior to the coordinate police activities between the formation of its own Police Department, County and State Police. In his capacity, local merchants employed the services of Janoe had limited police authority. He Multnomah Security Patrol. had a badge, did not carry a gun or wear a uniform. 4 1 2008 Tigard Police Department 1 2008 Annual Report A LITTLE BIT OF HISTORY With appreciation and gratitude to those police personnel who served the citizens of Tigard with over 20 years of service. OFFICER KELLY JENNINGS May 1973 - December 1996 LT. LONNIE BRANSTETTER January 1969 - October 1993 CAPT. ROBERT WHEELER September 1971-December 2001 SGT. JOHN NEWMAN July 1972 -July 1997 SGT. CHARLES MARTIN February 1973 -April 2000 LT. DON MEYERS September 1973 - September 1997 SGT. PAUL JOHNSON May 1977 - December 1997 OFFICER JOHN FEATHERSTON December 1972 -December 1997 LT. JOHN GOLDSPINK September 1977 -June 2001 LT. JOSEPH GRISHAM March 1977 -June 2003 LT. DARWIN DEVENY July 1979 -July 2006 OFFICER RICHARD DEBRAUWERE November 1972 - October 1997 SGT. HAL MERRILL May 1976 -June 1998 LT. THOMAS KILLION October 1970-April 1997 OFFICER RICK PETERSON June 1981-August 2005 OFFICER ROBERT NEWMAN January 1976 -June 2002 2008 Annual Report 1 2008 Tigard Police Department 1 5 HOW A' ORGANIZED The Department is organized into ten functional units and has 94 Full-Time Equivalent Positions (FTE); 75 sworn and 19 non-sworn support personnel. There are also currently ten citizen peace officers who support our Full-Time officers. RECORDS DETECTIVES Records Specialists are non-sworn personnel who are The Detective Division is responsible for initial and follow-up responsible for data entry, control, maintenance, and retrieval investigations. Also reporting to the Detective Lieutenant is the of police reports. The records unit assists with citizen Detective Sergeant, ten detectives, three commercial crimes inquiries both in person and on the telephone. Six specialists investigators, five school resource officers, a youth services and a supervisor staff the unit. Police records are available manager and one detective administrative assistant. from 8 AM until 11 PM every day. SCHOOL RESOURCE OFFICERS PATROL AND YOUTH SERVICES The Patrol Division is the backbone of every police Tigard Police currently have four school resource officers that department. Patrol is responsible for the initial handling of assist within the Tigard-Tualatin School District. Three of these all calls for service; 24-hour service requires three shifts officers instruct D.A.R.E. throughout the six Tigard elementary each consisting of a supervisor and patrol officers. Personnel schools and two private schools. A Youth Services Manager assigned to this section are uniformed and perform most instructs the G.R.E.A.T. program and manages the Tigard Peer initial investigations, enforce traffic laws, and provide citizen Court, Police Explorers and after-school programs. In addition, assistance. Additionally, one canine officer is assigned to this this position also organizes and operates several D.A.R.E. and division. G.R.E.A.T. youth camps for Tigard area kids each year. TRAFFIC SAFETY UNIT PROPERTY/EVIDENCE This unit provides overall enforcement of traffic safety laws The Property and Evidence Technicians are non-sworn in Tigard. In addition, the four motorcycle officers, including personnel with responsibility for the handling, storage, and a sergeant, provide motor vehicle accident investigation. The control of all evidence and property. Traffic unit also assists citizens with concerns regarding traffic oriented issues in Tigard via the traffic complaint form. COMMUNITY SERVICE OFFICERS Two non-sworn officers support the patrol division. The W _ Community Service Officers assist with motor vehicle accidents, parking complaints, traffic control, assist citizens with criminal reporting and a myriad of other patrol responsibilities. COMMERCIAL CRIMES UNIT This unit is a three-member team working with the r business community to reduce crime before it happens by assessing risk, instituting prevention measures, and investigating cases specific to the business community. 6 1 2008 Tigard Police Department 1 2008 Annual Report 2009-10 DEPARTMENT BUDGET PUBLIC INFORMATION/ BUSINESS/TECHNICAL SERVICES CRIME PREVENTION This unit performs fiscal management services, management This non-sworn position provides information to the public of business practices, computer hardware and software and various media outlets regarding criminal and other support, and crime analysis and support. The unit consists police related activity within the City of Tigard. The same of the Business Manager, Police Systems Specialist, and officer is also responsible for managing most of the crime Crime Analyst. prevention programming within Tigard such as Neighborhood Watch, Enhanced Safety Properties, Citizens on Patrol and Neighborhood Speed Watch. The Public Information Officer also coordinates the popular Citizen's Police Academy which is provided once a year to community residents. City of Tigard Police Department FY 2009-10 Chief of Police Public Information Officer Confidential Executive Assistant Part-time Confidential Assistant FAssistant Chief of Police OPERATIONS SUPPORT SERVICES PATROL INVESTIGATIONS RECORDS Captain Lieutenant Records Supervisor Lieutenant (3) Sergeant Records Specialist (6) Sergeant (7) Police Officer (10) Community Services Officer (2) Detective Secretary (1.5) PROPERTY/EVIDENCE Police Officer (36) P/T Background Investigators Property Evidence Spec. (2) TRAFFIC SAFETY YOUTH SERVICES BUSINESS/TECHNICAL Sergeant Sergeant SERVICES Police Officer (4) Youth Program Manager Business Manager School Resource Officer (4) Business Specialist Crime Analyst 2008 Annual Report 1 2008 Tigard Police Department 1 7 2009-10 DEPARTMENT BUDGET 2009-10 DEPARTMENT BUDGET Capital Outlay 2.44% The operating budget of the Department can also be broken down by the three major operating divisions of Administration (4.7%), Operations (53.8%), and Support Services (41.5%). Materials and Services 17.14% The Department generates over $1.6 million in revenue to offset the budgeted expenses, and this does not include the $700,000 in traffic fines that are used to offset the expenses Personnel Services of both the Police Department and the City's Municipal Court. 81.42% The remaining amount of the Department's budget is financed from the City's General Fund. With a population of 47,300, the budget per resident is FY 2009-10 Police Department Budget $262 per year. $12,371,839 (Excluding Interdepartmental Charges) 2009-10 DEPARTMENT PERSONNEL Of the 94.0 full-time equivalent positions, 75 are sworn officers that actively work in our City's neighborhoods and Non-Sworn commercial/industrial areas either patrolling traffic or 20% protecting the public. The most recent data available from the Bureau of Justice Sworn Statistics shows that on a national level for a city of comparable 80% size, the average percentage of non-sworn personnel is 34% compared to 20% at the Tigard Police Department. The national average for all police departments is 20%. FY 2009-10 Police Department Personnel Non-sworn personnel include those that provide records 94.0 Full-time Equivalent Positions management, property/evidence, crime analysis, and other types of administrative support. Non-Sworn 34% Sworn 66% State and Local Law Enforcement Personnel (Cities between 50,000 and 99,000 Population) 8 1 2008 Tigard Police Department 1 2008 Annual Report CRIME TRENDS 11: CRIME TIDU uL~ N D S (All data is reported by calendar year versus fiscal year) First, this report includes statistics showing the total demand witnesses, victims, suspects, searching for or processing for service. This is reflected in the total calls for service. Then evidence, and consulting with other law enforcement officials this demand is broken down by those calls that are dispatched as well as representatives from the courts and District from the Washington County Consolidated Communications Attorney's office. Agency (WCCCA) using either 911 or the non-emergency dispatch phone number versus self-initiated activity. Self- The FBI breaks all crime statistics into two sections which are initiated activity would include an officer making a traffic stop called Part I and Part II offenses. and the less visible crime reduction efforts associated with "Problem Oriented Policing." This approach would occur PART I OFFENSES if there was a particular problem in a neighborhood of the City. In this case, a problem solving project would be initiated Part I offenses include the subcategories of crimes against placing greater emphasis in the area. That could include foot persons and crimes against property. We break out the most patrols, bicycle patrols, or any other type of concerted and violent offense of homicide, robbery, serious assaults, and directed patrol activity. This activity is much less visible to the arson in order to measure our violent crime index. public, but occurs frequently in our efforts to reduce crime and the fear of crime. PART 11 OFFENSES There is another demand for service in the follow-up Part II offenses capture all other investigations that are often needed. An Officer frequently is R~ categories including status offenses. required to conduct follow-up work to the Examples of status offenses include initial call for service. It may f~ + juvenile runaways, curfew involve interviewing violations, and truancy. The graphs and charts in this section display these statistics and Al r trends for 2008. y.\ Wij 1 • 2008 Annual Report 1 2008 Tigard Police Department 1 9 CRIME TRENDS 11: CRIME STATS WORKLOAD ANALYSIS Workload is measured by the combination of calls that an for service (CFS) and a corresponding drop in self-initiated officer receives from the dispatch center and the calls they self- calls. The data for 2008 reflects this correlation. There was initiate on their own. Self-initiated calls are directly affected by a small increase in the number of dispatched calls, and a the total number of calls for service. For example, if an officer decrease in self-initiated. is busy responding to calls that have come into the dispatch center, that officer would have less time to generate self -initiated calls. The result would be a rise in dispatched calls TIGARD POLICE DEPARTMENT PATROL WORKLOAD ANALYSIS 60,000 53,449 53,738 52,185 50,430 51,162 50,116 50,115 49,344 50,000 40,000 28,802 27,874 27,234 28,839 27,892 27,466 26,957 30,000 25,565 20,000 24,647 22,556 22,110 24,899 23,270 22,650 25,228 24,550 10,000 0 2001 2002 2003 2004 2005 2006 2007 2008 Total Workload Calls For Service Self-Initiated 10 1 2008 Tigard Police Department 1 2008 Annual Report CRIME TRENDS 11: PART I CRIMES Other than the small rise in the number of non residential This trend was not taken lightly. The department identified burglaries, the downward trend in Part I crimes continued for vulnerable locations and targeted them by increasing patrols. the fourth year in a row. Emphasis was placed on target hardening approaches, and being more alert to suspicious circumstances throughout the Burglary as a category is broken down into subcategories city. These types of burglaries have since declined in the first of residential, business, and all other. A typical "all other" part of 2009. burglary would be a storage unit or a detached garage. In 2008, there was a rise in metal prices, and therefore, provided Residential burglaries actually dropped 10%. We did however a ready access to fast cash through the recycling of metal. As see the first glimpse of a rise in bank robbery. a result we saw a spike in business and "all other" burglaries where the targeted items were metal of any type. The good news is, Part I crimes declined 10.5% from 2007. PART I CRIMES i 99a 1999 iii ii ii ii ii- ii ii, ii 2008 FROM 20087 HOMICIDE 1 1 0 0 0 1 1 0 0 1 1 0.0% RAPE 15 7 14 12 15 22 15 16 13 10 9 -10.0% ROBBERY 14 12 17 11 15 9 16 16 20 18 8 -55.6% Highway 54 56 49 63 60 43 63 59 45 59 26 -55.9% Business 51 43 33 35 43 31 43 32 47 48 46 -4.2% Service Station 17 1 6 8 13 5 8 8 3 10 10 0.0% Convenience Store 21 25 11 12 18 20 21 16 27 25 25 0.0% Residence 3 0 0 1 2 0 0 2 0 0 0 0.0% Bank 4 4 0 1 0 0 0 0 0 4 1 -75.0% Other 1 2 3 3 2 2 8 3 8 3 2 -33.3% AGGRAVATED ASSAULT 1 5 0 1 1 3 4 2 8 1 3 200.0% BURGLARY 4 6 13 9 7 1 2 1 1 2 5 150.0% Residence 229 171 131 187 198 194 193 165 108 108 86 -20.4% Business 319 342 332 356 297 300 340 311 259 201 221 10.0% All Others 151 150 191 162 159 174 181 159 145 129 115 -10.9% LARCENY 135 164 113 131 118 109 128 109 82 59 87 47.5% Shoplift 33 28 28 63 20 17 31 43 32 9 19 111.1% From Moter Vehicle 2,260 1,959 1,882 2,129 1,890 1,821 2,205 1,845 1,608 1,504 1,347 -10.4% Mtr. Vehicle Parts/Acc. 695 592 587 511 486 560 654 532 567 587 538 -8.3% From Public Building 526 357 281 428 364 419 482 442 296 304 267 -12.2% Miscellaneous 349 302 272 350 294 219 226 215 124 79 63 -20.3% MV THEFT 239 163 134 153 151 159 287 268 156 187 158 -15.5% ARSON 451 545 608 687 595 515 480 397 494 343 311 -9.3% PART I TOTALS 2,943 2,591 2,458 2,793 2,518 2,421 2,876 2,444 2,100 1,949 1,744 -10.5% 2008 Annual Report 1 2008 Tigard Police Department 1 11 CRIME TRENDS 11: PART I CRIMES - CONTINUED The chart below shows another view of the trend in Part I 2008, the decline is now at 39.4%. This reflects the continued crimes over time. Last year we reported that there was a emphasis to respond to crime trends early and identify tactical 32% decline in this category since 2004. Given the results of approaches to solving and preventing crime. 3,500 = 3,000 2,943 2,876 2,793 2,591 2,518 2,500 2,458 2,421 2,444 U' 2,100 0 1,949 2,000 1,744 ° 1,500 a~ = 1,000 z 500 0 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 VIOLENT CRIMES In conjunction with the Part I crime index are the crimes a previous decline. After addressing problem areas with categorized as violent crimes. Violent crimes include community policing projects, 2008 finds us in a 51% decrease homicide, rape, aggravated assault, and robbery. These crimes in reported violent crimes. This is another example of working are the most serious crimes and involve crimes to persons. with our community to provide the highest level of livability In the year 2007 we had an increase in violent crimes after possible by reducing crime in their neighborhoods. CITY OF TIGARD VIOLENT CRIMES 140 120 121 118 122 118 107 110 107 105 C 100 96 97 U) 82 y 80 R ° 60 a~ = 40 z 20 0 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 12 1 2008 Tigard Police Department 1 2008 Annual Report CRIME TRENDS 11: MEASURE 11 CRIMES PROPERTY CRIMES Much like violent crimes, Measure 11 crimes are a category Property crimes are the lowest in ten plus years. Even though of the highest level crimes. Measure 11 is made up of burglary is up 10% due to the business and other burglary arson, aggravated assault, homicide and attempted murder, category discussed in the Part I crime section of this report, kidnapping, compelling prostitution, forcible rape, robbery, the strong decline of the other property crimes brings the and sex abuse. total decline in property crimes to a 9% drop. Stolen vehicles (UUMV) are down 20% and occurrences of arson down 56%. Just like violent crime, we saw a consistent decrease in the Larceny was down 20%. That is in large part due to the hard number of occurrences. 2008 was down 35% from 2007. work of the Commercial Crimes Unit and their partnerships The year 2007 had seen an upswing in juvenile gang activity with the business community in 2008. in the form of aggravated assaults and robbery. We addressed that trend by acknowledging, partnering, patrolling, and educating our employees, schools, and community. The result was a drop in the violent activities in our neighborhoods. This issue is ongoing as the economic and social make-up of our times can fuel this type of behavior. It is a factor that we will continue to recognize and educate ourselves on to keep up with current trends, threats, and concerns in our community. ii; PERSON, PROPERTY CRIMES 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 FROM 20087 PERSON CRIMES 121 107 96 110 118 97 122 107 105 118 82 -31% Homicide 1 1 0 0 0 1 1 0 0 1 1 0 Rape 15 7 14 12 15 22 15 16 13 10 9 -10% Robbery 51 43 33 35 43 31 43 32 47 48 46 -4% Assault 54 56 49 63 60 43 63 59 45 59 26 -56% PROPERTY CRIMES 2,822 2,484 2,362 2,683 2,400 2,324 2,754 2,337 1,995 1,831 1,662 -9% Burglary 319 342 332 356 297 300 340 311 259 201 221 10% Larceny (theft) 2,260 1,959 1,882 2,129 1,890 1,821 2,205 1,845 1,608 1,504 1,347 -10% UUMV 229 171 131 187 198 194 193 165 108 108 86 -20% Arson 14 12 17 11 15 9 16 16 20 18 8 -56% MEASURE II CRIMES 189 182 196 200 207 170 191 201 195 210 137 -35% Arson 14 12 17 11 15 9 16 16 20 18 8 -56% Aggrevated Assault 54 56 49 63 60 43 63 59 45 59 26 -56% Homicide/Murder (Attempted) 1 1 0 0 0 1 1 0 0 1 1 0% Kidnapping 9 19 23 7 14 5 4 6 8 14 1 -93% Compelling Prostitution 0 1 0 1 0 0 0 1 0 0 1 #DIV/0! Forcible Rape 15 7 14 12 15 22 15 16 13 10 9 -10% Robbery 51 43 33 35 43 31 43 32 47 48 46 -4$ Sex Abuse 1 45 43 60 71 60 59 49 71 62 60 45 -25% 2008 Annual Report 1 2008 Tigard Police Department 1 13 CRIME TRENDS 11: PART II CRIMES A majority of our reported crimes fall into this category. It also In a bigger picture, reported incidents of runaway is down includes some status offenses like curfew and runaway. 70% from 10 years ago. Kids are growing up with more In 2008 we saw an even bigger decrease in the reporting of programs and resources to deal with drug awareness and gang Part II crimes then was reported in 2007. In 2008 we had a resistance in the schools keeping them connected to their 6.7% decrease, compared to 2.9% in 2007. schools and communities. There were, however, some categories that were higher. Those Programs such as our partnership with the Tigard Tualatin were drug law offenses, DUII arrests, and prostitution offenses. School District having School Resource Officers directly The drive behind those rising numbers is again the result of available in the schools have been of significant benefit. Our officers being proactive in the community, recognizing these other youth programs such as GREAT and DARE have a direct offenses, and making arrests. There was an unexpected rise in impact on affecting juvenile crime rates and status offenses. the reports of runaways. The number is up I I%, although it keeps pretty close to the last five years of runaway statistics. PART 11 CRIMES i 99a 1999 iii ii ii ii ii- ii ii, ii 2008 FRCHANGE OM 2007 SIMPLE ASSAULT 260 239 188 198 188 184 185 162 176 134 116 -18.9% FORGERY/COUNTERFIET 273 234 239 268 203 134 246 230 152 77 72 -6.5% FRAUD 153 168 186 182 141 198 255 224 154 168 158 -6.0% EMBEZZLEMENT 48 58 57 65 49 46 35 41 41 54 52 -3.7% STOLEN PROPERTY 21 35 16 12 2 6 10 7 6 6 2 -66.7% VANDALISM 502 475 540 594 618 571 578 656 699 778 780 0.3% WEAPONS LAWS 25 40 30 34 38 31 29 16 33 37 32 -13.5% PROSTITUTION 2 0 0 1 1 1 2 2 2 7 54 671.4% SEX OFFENSES 45 43 60 71 60 59 49 71 62 60 45 -25.0% DRUG LAWS 122 276 167 97 115 113 150 116 121 161 172 6.8% GAMBLING 0 0 0 0 0 0 0 0 0 0 0 #DIV/0! OFFENSES AGAINST FAMILY 21 23 24 28 35 33 50 33 44 30 20 -33.3% DUII 174 155 86 98 178 173 173 211 190 137 150 9.5% LIQUOR LAWS 43 42 25 27 31 38 29 63 107 126 66 -47.6% DISORDERLY CONDUCT 185 176 189 226 176 209 331 297 317 271 249 -8.1% KIDNAPPING 9 19 23 7 14 5 4 6 8 14 1 -92.9% ALL OTHER 211 186 187 177 141 119 203 187 257 221 168 -24.0% CURFEW 32 34 11 26 23 17 13 62 56 35 17 -51.4% RUNAWAY 153 169 153 96 95 78 105 82 54 81 90 11.1% PARTIITOTALS 2,279 i 2,181 i is 2,015 2,447 2,466 2,479 i. 2,244 -6.7% 14 1 2008 Tigard Police Department 1 2008 Annual Report CRIME TRENDS 11: PART II CRIMES - CONTINUED When you look at the graph of the Part II crime data over a ten nature of Part II crimes lends themselves to not having major year time line, you can see that the line is fairly flat. There are fluctuations from year to year. When citizen initiated calls are minor fluctuations but we don't see any big swings. down, officer self-initiated reporting increases bridging that gap from year to year. Unlike Part I crimes which are primarily reported through citizen initiated calls that can fluctuate from year to year, the CITY OF TIGARD TOTAL PART 11 CRIMES 3,500 = 3,000 as 2,500 2,447 2,466 21479 2,406 ,500 2,279 2,370 2,244 2,181 2,207 2,108 s 2,000 2,015 as ° 1,500 as = 1,000 z 500 0 1998 1 1999 1 2000 1 2001 1 2002 1 2003 1 2004 1 2005 1 2006 1 2007 1 2008 1 PROFESSIONAL STANDARDS The Tigard Police Department values citizen feedback , 41 j` E and we endeavor to create an environment where officers and staff are approachable and responsive to the needs of „ Tigard citizens. One way to measure responsiveness is by feedback received from citizen complaints. ai a Citizen complaints are a high priority, and are r: processed in an expeditious, thorough, and fair ` manner. From this feedback, the Department can ~.r address citizen concerns on a personal level and can take steps to assure that appropriate policies and procedures are in place that address issues which have become a community priority or concern. Complaints can be made at any level within the Police Department or - City Administration. 2008 Annual Report 1 2008 Tigard Police Department 1 15 CRIME TRENDS 11: PROFESSIONAL STANDARDS - CONTINUED There were a total of eight complaints characterized as citizen This is in indicator of the increased emphasis that has been complaints. Of the eight complaints, two were sustained and placed on review and scrutiny of our own performance. It steps taken to either discipline or counsel the individuals is our goal to address issues well before they can manifest involved and the remaining six were not sustained because it themselves as a citizen complaint. was determined that there was not a violation of policy or law. In addition to citizen complaints, the Department responds TRAFFIC DATA to internal complaints as well. There are complaints filed by officers and staff. In 2008, there were fourteen internal Total Dispatch Traffic Calls 3,542 complaints and these can range from insubordination, Self-Initiated Vehicle Stops 10,452 reporting for duty, unsatisfactory performance, to violation of City policy. These complaints are dealt with in much the same During 2008, traffic officers were dispatched to 3,542 traffic manner as citizen complaints entailing a full investigation and related calls in our city. an appropriate follow-up action depending on the outcome of the investigation. Of the 10,452 vehicle stops that were self-initiated, 4,646 resulted in citations for infractions or traffic related crimes. FOUR YEAR COMPARISON CHART The majority of those citations were dealt with in the City's COMPLAINT TYPE 2008 2007 2006 2005 Municipal Court. Citizen Complaints 8 10 22 21 Internal Complaints 14 12 7 11 TOTAL 22 22 29 32 This chart clearly shows that citizen complaints have declined over time while internal complaints have shown an increase. Ai I 40- d 16 1 2008 Tigard Police Department 1 2008 Annual Report CRIME TRENDS 11: POLICE TRAINING TRAINING Continued training of our officers is required under the laws -~W: r_ and is a high priority for the City. This keeps officers updated on safety tools, laws, and public safety practices that enhance their ability to protect citizens. In 2008, well over 6,000 hours of training were provided to the Police Department staff. TOOLS FOR TOLERANCE TRAINING CRISIS INTERVENTION TRAINING Tools for Tolerance© for Law Enforcement is a professional Another training priority for the Department is to continue program which aims to assist law enforcement professionals, the training on crisis intervention/de-escalation techniques. as front line service providers, explore the evolving role of law This training is proven to help officers de-escalate situations enforcement in a rapidly changing, increasingly diverse and involving individuals in more serious situations or events. complex society. The training has been specifically designed More than one-half of the field staff have attended this training to confront contemporary issues within the law enforcement and the Department is committed to have the remaining staff community and to assist law enforcement professionals in members complete the training. their continuing effort to enhance skills in delivering a more effective level of service to the communities. Course offerings include: cultural diversity, hate crimes, racial profiling, and community partnerships at the supervisory and command level. This training is provided through the Museum of Tolerance. This museum is the educational arm of the Simon Wiesenthal Center, an internationally known human rights organization dedicated to promoting respect and mutual understanding through education, community partnerships, and civic engagement. Seven members of the Department Management Team have now attended initial training from the museum and will be a training priority for other team members to attend in the following years. Tuition and most travel expenses are provided through a federal grant. 2008 Annual Report 1 2008 Tigard Police Department 1 17 POLICE DEPARTMENT 2008 HIGHLIGHTS COMMERCIAL CRIMES UNIT The Commercial Crimes Unit (CCU), which was implemented for reducing their potential to be victims; and suggesting as a means to connect with the business community in Tigard, target hardening applications which would contribute to a completed its first successful year of service in 2008. It is a safer business community. They investigated organized retail three member team made up of one sergeant and two officers. crimes, metal theft, identity thefts, burglaries, counterfeiting, The mission of our CCU is to commit to a Team Oriented graffiti, and much more. They were assigned 146 cases Policing partnership for the purpose of reducing commercial to investigate and cleared almost 100 by arrest. That is a and business crimes by educating and assisting members of clearance rate of 68 our business community in solving chronic business related problems. The Macerich Company, who are the owners of Washington Square Mall, reported that within six months of the creation in this first year they accomplished far more than was of the unit there was a 16% drop in overall shoplifting. expected. They forged partnerships with business owners The decline started in March, 2008 after CCU established targeting problem locations, making positive recommendations a partnership with loss prevention managers and security officers at the mall. A team was established that now meets quarterly to share information and educate one another. Guest Tigard Police Department's 90% speakers have come in to share their information. In addition Commercial Crimes Unit outside agencies have been contacted and attended meetings The Commercial Crimes unit is three -member police unit dedicated to increase awareness of similar occurrences activities and to partnering with merchants to o develop criminal data for use in the > > investigation of criminal issues unique to the business community. This Suspects associated to retail crime. The knowledge and wealth _ J program puts help directly where it's needed... the business community. Y a We are committed to: of information gained and shared has been a big step forward 1 Developing partnerships to reduce crime Assisting in solving chronic business-related crimes in making our retail community a safe and desired location for Target hardening (crime prevention) our citizens and visitors to our community. To better understand your unique situation, we will be contacting you - by phone to speak to you directly. Learn more at., www.tigard-or.gov/police/oommemial_crimes I ~ r 00 WWI, 1 "MEL . 18 1 2008 Tigard Police Department 1 2008 Annual Report POLICE DEPARTMENT "Trafficking and exploitation plague all nations, and no country, even ours, is immune." - Secretary Condoleezza Rice, June 4, 2008 TRAFFICKING Human Trafficking is a form of modern day slavery, which in the Portland area there are two designated response teams. involves victims who are forced, defrauded or coerced into Tigard's detective is the leader of one of those teams. They can labor or sexual exploitation for the financial benefit of others. respond to investigations statewide but typically deal with cases in the Metro area. While a majority of the cases they handle Teams of specially trained detectives from multiple levels are not directly connected to Tigard, there are approximately of agencies join forces to track, investigate, and arrest a half dozen cases involving the jurisdiction of Tigard each those involved in trafficking of persons. The Tigard Police year. The members of this important elite team receive regular Department has one detective assigned to take part in this elite training in the crimes of human trafficking and attend training team. once a year at the national level. GEOGRAPHIC INFORMATION SYSTEM AND CRIME SPOTTER November 2008 saw the launch of the City of Tigard's web- the public with a tool to more easily research the data based interactive mapping system. The project took two years available. By entering a single address or intersection the and was developed by the City's Geographic Information System public can view the search results in a click. (GIS) team with the involvement of all City departments. The public can use the interactive map to find total crime For the Police Department, the Crime Analyst participated counts in a one year rolling window time frame from the day of in making the enhancements to the mapping system used by their search. If they want further information they can "drill" the Crime Spotter program. Different levels of crimes were deeper into a particular category of crime such as larceny, then defined, outlined, and linked to the interactive map providing even deeper to just one individual larceny report. CRIME y + 1.3 7 u ® 7 T1W, OR 2008 Annual Report 1 2008 Tigard Police Department 1 19 POLICE DEPARTMENT NEIGHBORHOOD NETWORK The Tigard City Council wants to involve citizens as partners neighborhood events, and neighborhood improvement at its to address neighborhood issues and facilitate communication meetings. The Steering Committee also serves as a conduit on community issues. Out of this desire, a neighborhood for residents to raise issues or concerns. Tigard Police web program was developed where many neighborhoods participates in this program throughout the year. have an active web page. As part of this, a Neighborhood Steering Committee is formed to gather input on ideas and proposals for neighborhood beautification/clean-up activities, NATIONAL NIGHT OUT "National Night Out" is an annual program held on the first We hope to increase our participating neighborhoods in the Tuesday of August on a nationwide basis. The program years to come and continue to make "National Night Out" is sponsored by Target and offers a great opportunity a positive message to our community showing that we are for enhancement of police-community relations. It is a committed to a higher level of livability by partnering with celebration of neighborhood unity that brings the community them. By uniting with them we increase unity, awareness, out for an evening to encourage working together to reduce safety and also the strength and importance of police- crime and make their neighborhoods safer. community partnerships. 2008 marked Tigard's sixth year to participate in such a positive community event. The event was kicked off at Targets with a "Community Safety and Awareness Fair". The event is fun for the neighborhoods and the officers alike, coming out '36n to meet each other and join together in efforts to take a stand against crime. *W 20 1 2008 Tigard Police Department 1 2008 Annual Report POLICE DEPARTMENT SATELLITE OFFICE AT WALNUT STREET TVF&R FIRE STATION C== In partnership with Tualatin Valley Fire & Rescue the Tigard . Police Department now has an office in their new building site at 12585 SW Walnut St. The office space provides a place where officers can conduct routine police business such as ' writing reports and conducting follow-up on cases they are working on without having to return all the way to City Hall. FBI ACADEMY Lieutenant Jim deSully attended a -.T - ' three month course at the FBI ' national training facility in Quantico, Virginia. Much of the FBI's training takes place there and courses are conducted for eR n law enforcement personnel from around the world. The academy serves as n' a premier learning and research center, an advocate for best ` A practices throughout the global criminal justice community, and a place where lasting partnerships are forged among law enforcement professional worldwide. Courses cover a broad range of areas including constitutional law, law enforcement _ best practices, and etc. "TIP A COP" Tigard Police Officers participated with Red Robin restaurant directed immediately to Oregon in an effort to raise awareness and money to help support Special Olympics. the Oregon Special Olympics. This annual event is an The high energy and fun essential fundraiser that helps Oregon Special Olympics to environment lends itself to provide training and competition for children and adults with an even better experience intellectual disabilities. while dining out. The * O Tigard Police Department Officers assist the wait staff and speak with patrons about raised $4,841 to support how they can help and donate if interested. All donations are this special program. ,p/C l 8, 2008 Annual Report 1 2008 Tigard Police Department 1 21 POLICE DEPARTMENT SPONSORSHIP OF ESSAY CONTEST - "WHY SHOULD THE TIGARD POLICE DEPARTMENT GIVE ME A BICYCLE?" In partnership with Tigard business ACS Testing Inc., who donated new bicycles and helmets, 100 Tigard elementary and ' IV; middle school children were awarded a new bike and helmet q~ based on the essays they submitted. The idea of the contest - was to possibly identify children who may not have access to or an opportunity to own a bicycle. The winners of the contest were chosen from nearly 600 submitted." av The essays were read and selected from an impartial panels comprised of police department members and City of Tigard , employees. Other local businesses and organizations that helped support the event included Riceworks, Tualatin Haggen, Costco and Franz Bakery. Representatives from Legacy Health TRANSPORTATION SAFETY AWARD Systems and the Tigard Police Reserves helped in outfitting the The 2008, Oregon Transportation Safety Conference contest winners with their new helmets. recognized Tigard Police Detective Leigh Erickson. The award was for the "Best in-Car Video" that Detective Erickson made while on a routine patrol. He spotted a suspect believed to LAPTOP ESSAY CONTEST have been involved in a bank robbery that had just occurred in Lake Oswego. A local business, ACS Testing, in their further support of youth in Tigard, donated two laptops that were awarded to winners of an Even though information originally broadcast depicted a essay contest. The contest was engineered by Tigard Police in an different vehicle, he was able to identify the suspect after effort to build upon good citizenship amongst Tigard youth. a process of elimination. After a three minute pursuit beginning in Tigard and ending in Wilsonville, the suspect was Limited to eighth grade, students were asked to share ideas on apprehended. The incident did not result in any related traffic how they perceived Tigard Police in their community. There was incidents or injuries an impressive number of entries submitted making the selection of the two winning entries difficult. POLICE OFFICER RECRUITMENT - i A local start-up company, "Dynamic Media Team" donated 40 ` hours of free advertising that we used in our recruiting efforts. _ They used their newly purchased state-of-the-art "billboard vehicle" outfitted with attention grabbing graphics r, L ' depicting various elements of the Tigard Police Department. i The month long program successfully drew on-lookers attention to a then recruitment - - blitz for the department. 22 1 2008 Tigard Police Department 1 2008 Annual Report POLICE DEPARTMENT INTER-AGENCY PARTNERSHIPS TRIMET WESTSIDE INTERAGENCY A Tigard sergeant and three police officers are working with NARCOTICS TEAM (Wire) TriMet police and security unit to provide security presence Is an interagency task force comprised of members from throughout the transit system. Transit police perform random multiple Washington County departments, the Oregon National sweeps on board buses and trains and at TriMet facilities. This Guard Counter-Drug Program and the FBI. Tigard currently program is fully funded by TriMet at 110% • has one officer placed with this team. This team works closely T R I @ M E T with other area narcotics task forces and various federal agencies. Its mission is to target all drug traffickers in and around the Washington County Area. METRO REGIONAL GOVERNMENT TACTICAL NEGOTIATIONS TEAM (TNT) Two Tigard detectives are assigned to Metro's Regional Illegal Dumping (RID) Patrol. RID tackles the problem of illegal The Washington County Tactical Negotiations Team (TNT) is dumping of waste and materials. A major objective of the a highly skilled and well-equipped tactical unit that responds group is to assure that illegal dumps are cleaned up and to extremely hazardous situations where conventional police investigated. This program is fully funded by Metro at 110%. tactics and equipment may be inadequate. Officers assigned to TNT do so as a secondary assignment. Tigard currently has C) M E T R O two officers assigned to this team. REGIONAL ORGANIZED CRIME INTERAGENCY GANG NARCOTICS TASK FORCE (ROCN) ENFORCEMENT TEAM (IGET) The Interagency Gang Enforcement Team (IGET) was established The primary mission of the task force is to reduce drug in the early ~0's. The IGET has been involved in many availability by creating an intelligence-driven, multi-agency, investigations involving assaults, attempted murder, murder, drug task force aimed at eliminating or reducing drug armed robbery, kidnapping, weapons violations and felony trafficking and its harmful consequence by enhancing and property crimes. Tigard has one officer assigned to this team. helping to coordinate drug trafficking control efforts among federal, state and, local law enforcement agencies. Tigard has one officer placed with this team. MAJOR CRIMES TEAM Major Crimes Team, sponsored by the Washington County District Attorneys Office. This is a large team of experienced detectives available to respond as mutual aid to any area agency having immediate investigative needs on a major event (i.e., officer involved shooting or a homicide). Tigard has three detectives assigned to this team. 2008 Annual Report 1 2008 Tigard Police Department 1 23 POLICE DEPARTMENT FRAUD AND IDENTITY HELPING TO FIGHT IDENTITY THEFT THEFT ENFORCEMENT (FATE) The Tigard Police Department, in partnership with a local The Fraud and Identity Theft Enforcement (FITE) was created "Shred-it Co." sponsored a "community shred." By donating in October 2003. This team of Washington County detectives a non-perishable food item for the Oregon Food Bank, Tigard works aggressively to track down suspects in large scale fraud citizens were able drop off paper and computer disks for and identity theft cases. Members of our police department shredding, reducing the elements of identity theft. meet with the FITE team monthly to share information about current cases. Along with a trained customer service representative from the company, "Shred-it" trucks are used that contain cutting-edge proprietary technology that allows for securely disposing of CRASH ANALYSIS documents with potentially sensitive information. RECONSTRUCTION TEAM (C.A.R.T.) Law enforcement has been stressing the importance of Crash Analysis Reconstruction Team (C.A.R.T.) is a multi- safeguarding personal information and to take precautions agency team of specially trained law enforcement officers when disposing of these materials. This event initiated by Jim from the Sheriff's Office, and the Beaverton Cornelius, Forest Wolf, the Public Information Officer, has become a favorite Grove, Hillsboro, Tigard, and Tualatin Police Departments. event in the community. Team members are trained as Traffic Crash Deconstructionists with training in the areas of: collision analysis, speed analysis, vehicle dynamics, occupant kinematics, scene photography, surveying equipment, crash scene mapping and computer aided drawing programs. Tigard has one officer assigned to re Imt this team. MOBILE PAPER SHREDDING & RECYCLING fx I t 4 ` ~r ~ 41 a SSW.....-':: MIRROR ARE CCC AB Kam' 24 1 2008 Tigard Police Department 1 2008 Annual Report POLICE DEPARTMENT YOUTH SERVICES PROGRAMS YOUTH PEER COURT G.R.E.A.T. PROGRAM Peer Court provides a second chance for young people who The Gang Resistance Education and Training (GREAT) Program is have made an error in judgment and are ready to accept a curriculum that aimed at elementary and middle school students. responsibility and make restitution. When a juvenile is The course consists of a nine-week, anti-gang program that is arrested, a Youth Services Officer may offer the youth an option taught by uniformed police officers. It exposes students to a broad to enter the Peer Court system, instead of the juvenile justice range of topics, including conflict resolution, building social skills, system. This Court engages the whole community, adults, law and setting life time goals. Most importantly the G.R.E.A.T. program enforcement, school and youth peers for fair responses to gives students the opportunity to find out for themselves about the infractions of the law. The Peer Court's ultimate objective is perils of gang activity. In 2008, 950 middle school students and to deter youth from the commission of second offenses and by 200 grade school children graduated from the course. its example as a model for understanding justice and law, to prevent more first time offenses as well. Gang Resistance In 2008, the Peer Court heard 75 cases. Education end Trefoing DARE TO BE GREAT SUMMER CAMP D.A.R.E. PROGRAM AND AFTER-SCHOOL PROGRAMS D.A.R.E. stands for Drug Abuse Resistance Education. The (TIGARD ORGANIZED GREAT ACTIVITIES (T.O.G.A.) D.A.R.E. program is a seventeen-week program taught by The week long camps are offered to 4th, 5th, and 6th grade Tigard School Resource Officers. This program is targeted students free of charge. The camps offer positive summer at fifth grade students, and is taught in five Tigard elementary activities while reinforcing the importance of staying drug schools and two private schools. and violence free. Goals of the camps include fostering self- esteem, cooperation and patience, and teaching goal-setting The D.A.R.E. lessons focus on four major areas: and team-building skills. Community donations and grants • Providing accurate information about drugs, alcohol, and tobacco. help fund the summer camp program. In 2008, over 500 kids • Teaching students good decision-making skills. had the opportunity to participate in this program. • Showing students how to recognize and resist peer pressure. • Giving students ideas for positive alternative to drug use. The after-school program provides children with an organized environment where they can participate in a variety of In 2008, approximately 850 students completed the program. activities. This program is offered free of charge to the - children who participate. The program through the various activities reinforces the goals of the G.R.E.A.T. curriculum * and provides a safe place for children to spend quality time cry ,1 with their peers under adult supervision. In 2008, up to 50 children per day participated in the program at Tuality Middle " a School and, for the first year, at Fowler Middle School, 143 A1!~, i' kids signed up for the program. The program at Fowler is being funded through a SAFE Schools grant. 2008 Annual Report 1 2008 Tigard Police Department 1 25 POLICE DEPARTMENT TIGARD YOUTH ADVISORY COUNCIL TEACHING YOUTH HOW TO AVOID The Tigard Youth Advisory Council was formed to provide WEB DANGERS youth opportunities to get involved in their community. School Resource Officers conducted third and fourth graders Students that range in age from 6th to 12th grade can apply on Internet risks and rules that can they can use to keep them to become members. The adult leaders in both communities from harm. Students were taught about unwanted junk mail, recognize the contribution and valuable role that young people viruses, pop-up messages with inappropriate material, along have in making a difference within the community. Providing with the importance of not giving out personal information. opportunities for service and involvement in the community They also covered mean-spirited emails and web postings. As are valuable educational tools. part of the discussion, students listed the upside of the Internet for information, entertainment, and communication. They also Activities in 2008 included holding their sixth annual blanket talked about its downsides with "bad" people and information, drive. Members collect new and clean, "gently-used" blankets including scams. This is a program sponsored by "iKeepSafe" and comforters into decorated boxes and are distributed an internet safety program. to neighborhood area families by the Caring Closet, where families in need can "shop" for free clothing and household items. Other activities have been "movie nights', hosting a bicycle fair, helping with bicycle safety helmet checks, joint meeting with the Tualatin Youth Advisory Council, adopted a family for both Thanksgiving and Christmas, assisted with the annual Tigard tree lighting ceremony, "Christmas for Kids,"~ and received a grant from the Washington County Youth a Council Summit. They also assisted cooking meals at the Good Neighbor Center. i 0C EXPLORER POST PROGRAM = Started in May, 2008, the department now has an Explorer program that takes Tigard youths interested in law Community Spirit at the Good Neighbor Center enforcement and shows them the sights, sounds, and duties of being a police officer. By shadowing different mentors, kids ages 14 through 20 learn and actively participate within the department. The hope is that participants in the program ' continue a career in law enforcement and perhaps become an - - • officer at the Tigard Police Department. Explorers are allowed, = J rT to stay in the program until they turn 21, at - which time they can then choose to enter • • * ' f . the reserve program. So far, the program has attracted eight young adults. Each applicant for the program is interviewed a background check completed, and graduate from a rigorous two-week police cadet academy. "Christmas for Kids" Annual Event 26 1 2008 Tigard Police Department 1 2008 Annual Report POLICE DEPARTMENT PUBLIC EDUCATION CITIZENS' POLICE ACADEMY The Tigard Police Department operates a nine week Citizen's Police Academy once a year. The purpose of the academy is =yie to create better understanding and communication between citizens and police through education. When the community ; knows and understands the both the abilities and limitations of law enforcement, the better police can serve the community. Motivated participants may also take an "advanced" academy. This additional opportunity allows citizens who are provided " training offer assistance to the City in the event of emergencies - or a catastrophic occurrence. The program is more commonly known as "CERT." In 2008, 30 citizens graduated from the academy. 41 The 2008 academy was also privileged to be entertained by a group of youth sharing their talents with drums. PARENT EDUCATION - CHILD SAFETY TRAINING FOR LANDLORDS AND Opportunities for parents of younger children to hear RENTAL PROPERTY MANAGEMENT informative and practical methods to help better safeguard The department, partnering with the Westside Crime their children. Information provided focuses on instructing Prevention Coalition, provides a perspective to owners and children the importance of making wise choices when it managers of rental properties in efforts to help them avoid comes to public places and dangers to avoid. Common sense pitfalls and ways to enhance the safety of the property. The reminders are reintroduced to parents reflecting current training benefits not only the property owner and tenant but trends and the reshaping of our families structures and also the surrounding areas in the community. Curriculum is activities. based on a nationally recognized program developed by a Portland area attorney when he saw the need to educate rental property owners in his neighborhood when it became overrun with crime and blight. 2008 Annual Report 1 2008 Tigard Police Department 1 27 POLICE DEPARTMENT BICYCLE SAFETY RESERVE PROGRAM As the area become more heavily infused with development Our reserve program has been a tremendous asset to the and related increased traffic, the need to offer helpful insight department. The time they volunteer is priceless. They make to bicycle riders becomes apparent. Police instruct and offer up a group of citizens who are interested in serving the City of suggestions regarding safe bicycling tips based on Oregon Tigard to make it a safer and better community. We maintain bicycle laws and accepted sensible bicycle etiquette. Further approximately six reserve officers. Our reserves primarily ideas on safety equipment and proper bicycle maintenance supplement the Patrol Division field forces but also help to necessary for safe operation are introduced to both assist Investigations and the Records units. children and adults. This program is in partnership with the Washington County Bicycle Transportation Coalition to Our reserve program manages a vacation check program promote bicycle safety. where residents have the opportunity to notify the Police Department when they plan to be away for vacation and have their home placed on a "special watch." On duty reserves will CHILDREN'S SAFETY randomly provide personal checks of the residence during the The department offers on-going opportunities throughout course of normal patrols for anything out of the norm. the year to help encourage children safety. Programs such In 2008 the reserves clocked close to 3,000 hours. as child fingerprinting and identification, clinics to ensure child safety seats are correctly installed in vehicles, proper fitting of children's bicycle helmets as well as other elements COMMUNITY POLICING that typically are impacted by children on a routine basis. The youth in the community are the cornerstone and law Community policing, also known as neighborhood policing, is enforcement understand the importance of encouraging safe based on the philosophy that including the community in the methods and practices when it comes to kids. department efforts, will reduce crime, reduce fear of crime, lower crime rates, and benefit by enhancing the livability of the community will be enhanced. This continues to be an CAR SEAT SAFETY EVENTS important practice in the department. In July of 2008 the department held a child safety seat clinic. Five certified Tigard police staff along with Tigard reserve officers and cadet officers assisted the public in making sure their child seat was safely installed. During the clinic they checked 18 car seats, two booster seats, and did the full installation on four new car seats. Throughout the year citizens can come by the police department and have their seats checked whereas in previous years, we had to send the public to other places for this service. The certified officers had to go to a week long training to become certified in the proper installation of the various different styles of car seats. 28 1 2008 Tigard Police Department 1 2008 Annual Report POLICE DEPARTMENT SECOND YEAR OF OPERATION FOR ENGRAVE `EM TO SAVE `EM Citizens were offered three separate events so they could have A third event was held in partnership with Tyler's Automotive. the catalytic converter on their Toyota brand truck or SUV The Department enlisted their help and Tyler's offered the engraved to help safeguard it from being stolen. Members engraving for those vehicles that are serviced routinely at the of the department engraved identifying numbers as well as shop. permanently mark the catalytic converter at two events held at City Hall. This was offered as a free service to the community. With the increased value of scrap metal and the trace amounts Other manufacturers and passenger vehicles in the area were of precious metals found in the catalytic converters, there not affected by the thefts so the event was limited to the Toyota was an escalation of thefts of these units. Since offering the truck and SUV. program, thefts of catalytic converters have declined. I _J s /44 1 PEDESTRIAN SAFETY/TRAFFIC SAFETY Members of the Tigard Police Traffic and Patrol Units took The department also once again participated in the "Three extra steps to ensure pedestrian safety and bring attention Flags Safety Belt Campaign." This is a multi-jurisdictional to the importance of pedestrian related traffic laws. Oregon approach to help ensure motorists respect, obey, and law requires motorists to yield and stop for pedestrians who understand the importance of using seat belts. are legally crossing streets. Violation of the law is a Class B traffic infraction with a penalty of $250. Several operations Statistics had indicated that Tigard motorists demonstrated were conducted around the City. The locations selected were nearly 96% compliance regarding vehicle safety belt usage for based on officer observations and complaints expressed by front seated occupants. The national average is just over 80%. pedestrians noting difficulty in attempts to safety cross the road. This enhanced effort was funded through an Oregon In the past 16 years of record keeping pertaining to seat belt Department of Transportation grant. usage in the State of Oregon, seat belt usage has grown from 43% in 1989, to the current statewide estimates of 93%. The department was also the recipient of funds from the More importantly, than increased number of seat belt usage Oregon Association of Chief of Police to help reduce the occurring during that same time span, also equate to reducing number of motorists operating a vehicle under the influence. the motor vehicle collision mortality rate in Oregon by The enhanced efforts by police include specially assigned one-half. traffic officers observing and detecting motorists driving under the influence between 10:00 pm and 4:00 am. Alcohol-related Seat belt saves lives! motor vehicle crashes kill someone every 31 minutes and nonfatally injure someone every two minutes. 2008 Annual Report 1 2008 Tigard Police Department 1 29 STRATEGIC OBJECTIVE/STRATEGIES • The following objectives and strategies we developed in 2007, will guide us in future years in identifying the resources well need to meet and accomplish our goals. bit (Note: This listing is not in priority or chronological order) ■ Develop an enhanced crime reduction plan: Continue to enhance crime analysis program. Pursue funding and implementation of a Commercial Crime Unit. Develop and pursue measures to reduce response time to calls for service (CFS) to less than four (4) minutes. Enhance Department ability to adapt to emerging crime trends. ■ Plan for adequate staffing: Identify and deploy new recruitment and retention strategies. Develop and initiate new supervisor/manager mentorship program. Develop and implement an effective feedback system for both new and existing personnel. ■ Develop and implement business and management strategies to promote increased effectiveness and efficiencies: Deploy performance auditing. Focus budget on the delivery of the key initiatives and strategies, with clear and measurable performance standards. Review current business practices. Maximize grant revenues to support and enhance existing programs as well as fund new initiatives. ■ Develop and implement a staff development program: Acquire or maintain specialized certification of employees. Create program of succession planning and personnel development. Enhance Department's employee recognition program. Provide supervisory training consistent with the Department's Mission, Vision, Goals, and Core Values. Develop systems which ensure consistent supervisory practices. Enhance programs to maintain well trained, ethical, and accountable employees. 30 1 2008 Tigard Police Department 1 2008 Annual Report STRATEGIC OBJECTIVE/STRATEGIES ■ Develop a police facilities plan: Fund and conduct a comprehensive facility needs assessment. This would include providing secure parking and storage facilities. Coordinate this effort with the City's broader facilities planning. ■ Foster good citizenship in our youth: Continue to teach DARE, GREAT, and internet safety in all schools. Create a safety patrol/crossing guard program. Begin a CADET/Explorer program. Participate in driver's education curriculum. ■ Expand services compatible with a full service law enforcement organization: Begin forensic processing on site. Establish contact offices. Expand partnerships with other agencies. Involve the Department in contract policing. Develop alternatives to maintain 24/7 records coverage. Develop and implement canine unit. Research and pursue alternative funding sources which would allow implementation of new program initiatives. Expand traffic enforcement consistent with population growth and increased traffic flow in the City. ■ Develop and implement an Information Technology/Telecommunications Plan for the Department: Pursue and support a paperless police report writing system. Identify and implement solutions for a records management system. Implement new software for the Property/Evidence Unit. Identify and implement solutions for greater interoperability between databases and communication systems. Draft and finalize a department-wide technology plan. ■ Develop an equipment plan: Identify future equipment needs for Department. Develop replacement schedules for major pieces of equipment. ■ Foster open communication with all stakeholders: Conduct and review customer satisfaction surveys. Conduct and support Police Citizen's Academy program. Continue to enhance and develop crime prevention programs. Participate in the City's comprehensive plan update via the Comprehensive Planning Committee. Partner with other city departments to assist in accomplishing the municipal goals. 2008 Annual Report 1 2008 Tigard Police Department 1 31 Agenda Item # Meeting Date August 25,'2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title City Center Development Agency Financial Impact Report, CG#2 Prepared By: Sean Farrelly Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Review and accept the financial impact report for the Tigard Downtown Urban Renewal District as required by ORS 457.460. STAFF RECOMMENDATION That Council accepts the report as provided. KEY FACTS AND INFORMATION SUMMARY Urban renewal agencies must prepare an annual financial report for the governing body and public in accordance with Oregon Revised Statutes 457.460. 17le attached Financial Impact report for the Fiscal Year that ended June 30, 2009, meets the requirement under the statute. The report includes a financial summary of the preceding year and the budget for the new fiscal year. It also includes an analysis of the financial impact of carrying out the urban renewal plan on the tax collections for all affected taxing districts. A summary of the report (see Attachment 2) will be advertised in Tile ?'i crrd Tfvies for two consecutive weeks before September 1, as required. The report is understandable by dae public, professional in appearance, and provides the required information. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Council Goal 2: Implement Downtown Urban Renewal ATTACHMENT LIST Attachment 1: CCDA Financial Impact Report for FY 200$-09. Attachment 2: CCDA Notice of Financial Report Availability (published in Tigard Tunes) FISCAL NOTES None. 1:\LRPlN\Council Nlatcrials\2009\8-35-09 CODA Financial Impact Rcport A1S.docx Attachment 1 Tigard City Centel Development Agency . Financial Impact Report of the City's Urban Renewal Plan for the fiscal impact year ended June 30, 2009 C DA Tigard City Center Development Agency Financial Impact Report of the City's Urban Renewal Plan For the fiscal impact year ended June 30, 2009 Introduction URBAN RENEWAL AGENCIES must prepare an annual financial report for the governing body and public in accordance With Oregon Revised Stanites 457.460. The report includes a financial summary of the preceding year and the budget for the new fiscal year. It also includes an analysis of the financial impact of carrying out the urban plan on the tax collections for all taxing districts. Urban Renewal - An Overview The purpose of urban renewal is to improve specific areas of a community that are poorly developed, under-utilized, or that have declined over time. These areas can have old, deteriorated buildings; streets and utilities in serious need of upgrades (or the areas can simply lack streets and utilities altogether), weak business activity, and few or aging parks and public facilities. Urban renewal is a process authorized by Oregon law (ORS 457) to finance improvements in these areas using "tax increment financing." A portion (the increment) of property tax revenues from properties within the urban renewal district are designated to support financing for improvements to the urban renewal area. Wlvle urban renewal provides for unique funding of improvements to a district, it is not intended that tax increment financing be the only source of funding. Other sources including ones typically used for capital improvements such as the gas tax, Traffic Impact Fee (TIF), System Development Charges (SDC), inter-agency funding, or state grants are programmed to support downtown projects. For a city government to utilize urban renewal as a funding mechanism, it must establish an urban renewal agency, and it must adopt an urban renewal plan. The Tigard City Council approved the City Center Urban Renewal Plan for Downtown in December of 2005. In May 2006, a special ballot measure was passed by the voters, authorizing the use of tax increment financing (urban renewal) in downtown. Urban Renewal Finance - A Summary Urban renewal is a process authorized by Oregon law to finance improvements in those neighborhoods and districts that need special attention and revitalization. Once a district is established, the tax valuation for the district is "frozen." As properties appreciate in value, the increase in taxes (the "increment") generated above the frozen base are used to pay for debt on specific projects within the urban renewal plan. These tax increments are used to repay municipal bonds. Bond proceeds are used to finance improvements that will revitalize the district. New, taxes are not imposed to fund urban renewal. Bonds and tax increment financing will be used to fund projects in the urban renewal plan. Under this system, the increment portion of property taxes generated within the urban renewal area is temporarily shifted to repay the bonds used to finance projects in the City Center. 3 I Tigard City Center Urban Renewal District t J I \t3 P U~ ai dG r'J 4v f ~Aw 14 11 - , I City Center Urban Renewal Y % District V Tigard, OR ~ ` I Tigard City Center Development Agency Financial Impact Report of (lie City's Urban Renewal Plan For the fiscal impact year ended.lime 30, 2009 1 CCDA Under tax increment financing, when the value of a property within the urban renewal district increases, the proceeds from property taxes on the increased value (the "tax increment") go to the urban renewal district. These proceeds fund further urban renewal projects, either directly or by providing for the repayment of municipal bonds that fund improvements. The tax increment is unique as a source of fiuiding, because it is usable only for projects identified in the urban renewal plan. How Does Urban Renewal Affect Taxes? With urban renewal and the use of tax increment financing, there is no net change on Tigard property tax bills. New property taxes are not created as a result of urban renewal. Under today's Oregon law, property tax rates are fixed. Tigard's City Center Urban Renewal Plan also does not authorize any "local option" tax levies or special assessments. Tax revenues are generated from the increase in property values multiplied by current tax rates. These revenues pay for urban renewal under Oregon law History of Tax Increment Financing In less than two decades, three Ballot Measures - Measure 5 (1990), and Measure 50 (1997) - have made significant changes to Oregon's system of property taxation. Those changes have influenced urban renewal programs and tax increment revenue calcuulatians. The provisions of these changes to the property tax system, Ballot Measures 5 and 50, now are incorporated into Oregon's Constitution, and into Oregon Urban Renewal Statutes. Those provisions provide the basic framework for revenue calculations in tl-ns report. Tax Increment Calculations To determine the amount of the taxes levied, the total assessed value within each urban renewal area is segregated by the County Assessor into two parts: (a) the total taxable assessed value in the district at the time the Urban Renewal Plan was adopted (the base or "frozen" value); and (b) the difference between the frozen base value and the current total assessed value (the incremental value or "excess"). Revenues derived from the application of the tax rate for each affected taxing district to the amount of the incremental value may be collected by the urban renewal agency and deposited in its debt service fiend. This revenue is used to repay indebtedness incurred in carrying out the projects. Tigard City Center Urbwi Renewal Plan - Purpose The stated purpose of the City Center Urban Renewal Plan is to provide improvements in the downtown area so that it will be economically healthy while maintaining its "uniquely Tigard" character. The establishment of the Urban Renewal district provides a funding mechanism for projects in downtown Tigard. For more information, you may review the City Center Urban 5 _t I Tigard City Center Development Agency CCDA I Financial Impact Report of the City's Urban Renetva] Elan For the fiscal impact year ended June 30, 2009 Renewal Plan and the Report Accompanying the City Center Urban Renewal Plan on line at: ivw,,vtiga.rd-or.gov/downtown/urban-renewal/about/does/tirban_renewal_plan.pdf or request a copy from the City of Tigard. How was the Urban Renewal Plan developed? In late 2005, the same citizen-business-City partnership that worked on the Tigard Downtown Improvement Plan collaborated to find financing for the "catalyst" projects identified in the Downtown Improvement Plan. Urban renewal and tax increment financing was identified as a potential source of financing and an urban renewal plan was prepared. The voter-approved Tigard City Center Urban Renewal Plan provides the special financing for the public improvement projects identified in the Tigard Downtown Improvement Plan. What are Tigard's Specific Plans for Urban Renewal? Under Oregon lacy, urban renewal can provide special funding for a wide variety of projects and programs. Tigard's approved City Center Urban Renewal Plan authorizes funding for up to 35 different projects in the City Center over twenty years. Most of the proposed projects in Tigard's plan are for public improvements and facilities, although some assistance for private businesses and property owners is provided. The intent of the projects such as new streets, parrs, plazas, is to stimulate new investment in Downtown and create a vibrant, new Town Center with public spaces that the community can use. As property, values rise in the downtown' "urban renewal district, the increase in tax revenues generated supports the payment of bonds used to improve the area. Over time, it is expected that the value of property and taxes generated will be higher through the use of urban renewal than if left alone. The Tigard City Council, working closely with dozens of citizens (and after numerous hearings and meetings) included the following categories of projects in the urban renewal plan: Street Improvements, Streetscape Improvements, Bicycle and Pedestrian Facilities, Parks, Public Spaces, Public Facilities, Planning and Development Assistance (for privately owned properties). Effect of Urban Renewal on Taxing Districts Carrying out an urban renewal plan has an effect on the County Assessor's calculation for each taxing district that shares values with Tigard's urban renewal agency. Some property taxes that may have been received by the taxing bodies that levy property taxes within Tigard's urban renewal area are being paid to Tigard's urban renewal agency. Passage of Ballot Measure 50 (Article XI, Section 11 of the Oregon Constitution) resulted in converting most property. taxes from a levy-based system to a rate-based system. Page S of this report shows the financial impact by taxing district for Tigard's urban renewal agency. 6 I Tigard City Center Development Agency Financial Impact Report of the City's Urban Renewal Plan For the fiscal impact year ended June 30, 2009 1 CCDA Financial Reports The financial reports on page 7 and S below account for the activities of T igard's urban renewal agency. In accordance with ORS 457.460 (1), these reports were prepared by the Finance Department of the City of Tigard using the same basis of accounting it uses to prepare its financial statements - modified accrual basis of accounting. These reports are due annually by August 1, so the information and figures contained in theta have not been audited and are subject to correction and adjustment once the audit is completed. At the end of each fiscal year, June 30, this financial impact report is prepared which shows the urban renewal tax impact by taxing district. Copies are available by August 1 at the Tigard Permit Center, 13125 SW Hall Blvd., Tigard, 97223. Statement of Resources and Requirements As summarized below, City Center Development Agency's 2008-09 total requirements were $102,710 for expenditures charged to the District as of June 30, 2009. For fiscal year 2009-10, total budgeted resources were balanced with requirements of $515,551. The District uses the funds it receives from the division-of-taxes method of calculating property taxes to finance various urban renewal projects and activities. These property taxes totaled $113,613 (unaudited) in FY 2008-09 and are expected to increase to $177,004'in FY 2009-10. Debt Service Fund Capital Projects Fund Total Actual Budget Actual Budget Actual Budget 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 Resources: Beginning Fund Balance 39,662 159,862 - 27,967 39,662 187,829 Tax Increment Property Taxes 113,613 177,004 - 113,613 177,004 Interest Income 2,947 718 - - 2,947 718 Other Financing Sources - - 323,616 150,000 323,616 150,000 Total Resources 156,223 337,584 323,616 177,967 479,839 515,551 Requirements: - - Debt Service - - - - - - Capital Outlay - - 295,649 177,967 295,649 177,967 Ending Fund Balance 156,223 337,584 - - 156,223 337,584 Total Requirements 156,223 337,584 295,649 177,967 451,872 515,551 Note: Figures are unaudited as of August 1st and are subject to adjustment once the audit is completed. 7 I Tigard City Center Development Agency Financkd Impact Report of the City's Urban Renewal Plan CCDA. For the f scat impact year ended Jane 30, 2009 Detail of Purpose Capital Outlay: Burnham Street Reconstruction 240,000 - Main St./Green St. Retrofit - Downtown Pre-Design 55,649 177,967 295,649 177,967 Note: Figures are unaudited as of August 1st and ore subject to adjustment once the audit is completed. Financial Impact of Urban Renewal Plan on Tax Collections Base year FY 2008.09 FY 2005-06 Change in Taxes levied Percent of Total Permanent Incremental Incremental Incremental Impact on total Taxes Divided Assessed Tax Assessed Assessed Assessed on Assessed for Taxing District Value Rate Value Value Value Taxes Value Urban Renewal Education PCC 4,741,943,700 0.2828 78,590,005 69,207,378 9,322,627 2,636.44 1.341,022 1.66% NW Regional ESD 4,741,943,700 0.1538 78,530,005 69,707,378 9,322,627 1,433.B2 729,311 1.66% Tigard/Tualatin School District 3,997,793,337 4.9892 78,530,005 69,207,378 9,322,627 46,522.45 19,945,791 196% Local Government Washmetcn County 4,741,943,700 2.2484 78,530,005 69,207,378 9,322,627 20,960.99 10,66I,78fi 1.6fi',6 Metro 4,741,943,700 0.0966 78,530,005 69,207,378 9,322,627 Si 458,072 1.56% Port of Portland 4,741,943,700 0.070E 78,530,005 69,207,378 9,322,627 653.52 332,410 1.66% TV fire & Rescue 4,741,780,700 1.5252 78,530,005 69,207,378 9,322,627 14,218,87 7,232,164 1.66% City of Tigard 4,741,943,700 2.5131 78,530,005 69,207,378 9,322,627 23,42869 11,911 1.56',3 Excluded from M-5 rate limitation Washington County bonds 4,741,943,700 0.1947 7a,530,005 69,207,378 9,322,627 1,357.37 923,256 1.66 Metro bonds 4,572,357,820 0.1717 78,530,005 59,207,378 9,322,627 1,455.26 785,074 1.72% PCC bonds 4,572,357,820 0.2223 78,530,005 69,207,378 9,322,627 2,053.77 1,016,435 1.721A Tri-Met hands 4,741,943,700 0.0856 76,530,005 69,207,378 9,322,627 748.61 405,910 1.6fre Note: The division-of-tames process results in some property taxes that may have been received by the "taxing districts" that levy property taxes within the urban renewal area (for example, Washington County, NW Regional ESD( being paid over to Tigard's urban renewal agency. The taxing districts forgo a share of the property tax income during the life of an urban renewal plan so that the urban renewal agencies can carry out activities that increase property values in the long term. The above table shows the urban renewal tax impact by taming district using permanent rates established pursuant to Measure 50. Attachment: Notice of Report Availabilit~r - published twice in the Tigard Times. 8 Attachment 2 Notice of Availability of Financial Impact Report of the -T, Tigard City Center Develoment*ency (CCDA) 7rr i- ce ~r e for the fiscal impact year etided June 30, 2009 - Ili - - - - This notice is a stunmary of the information available in the Financial Impact Report of the Tigard City Center Development Agency (CCDA), prepared pursuant to ORS 457.460. Copies of the full report are available at the Tigard Permit Center, 13125 SW Hall Blvd., Tigard, OR 97223. The report is also on the City's website: ww tigard-ongoz: Part I Part II As summarized below, City Center Development The financial impact of the City's Urban Renewal Plan on property tax collections by Taxing 1 AgencN,'s 2009-09 total requirements were $102,710 for District is summarized below. The division-of-taxes. process results in some property taxes expenditures charged to the District as of June 30, 2009. that may have been received by the "taxing districts" that levy property taxes within the urban For fiscal year 2009-10, total budgeted resources were renewal area (for example, Washington County or Tigard-Tualatin School District) being paid balanced with requirements of $515,551. over to Tigard's urban renewal agency. The table below shows the urban renewal tax impact by taking district as measured from FY 2005-06, when permanent tat rates were established The District uses the funds it receives from the division- pursuant to Measure 50. of-taxes method of calculating property taxes to finance various urban renewal projects and activities. These Impact Financial of Urban Renewal Plan 1 Tax Collections property taxes totaled $113,613 (unaudited) in FY 2009-09 0aac Yrar and are expected to increase to $177,004 in FY 2009-10. FY 2008-09 FY 2005-06 Change in Taxes levied Percent of Total Permanent Incremental Incremental Incremental Impact on total Taxes Divided t Assessed Ta. Assessed Assessed Ancascd Assessed for TannC District Value note Value value value Taxes Value Urban Bun war Statement of Resources and Requirements 1 EdumVen PCC 4,741,943,700 0.2B2R 78,530,0ffi 69,207,378 9,322,62; 7,636.,41 1,341,022 1.66:6 Debt Service Fund Capital Projects Fund Total NW Regional ESO 4.741.943,700 0.1536 76,530,005 69,207,378 9,322,627 1,433,82 729,311 I.M. Actual Budget Actual Budget Actual Budget Tigard/Tualatin School District t 3,997,793,337 4,9892 78,530,005 59,207,378 9,322,627 46,517 45 19,945,791 19696 7003.09 2009.10 2008,09 2009-10 2008.04 2009-10 Local Gosemment Resources: Washington County 4,741,943,700 2.2484 78,530,005 69,207,376 9,322,627 20,960.99 10,661,786 1.669: Beginning Fund Balance 39,662 159,862 27,967 39,662 187,629 Metro 4,741,943,700 o.B966 70,530.005 69,207,378 9,322,G27 900.57 458,072 1.66!: Tax increment Property Taxes 113,613 177,W4 - 113,513 577,004 part of Portland 5,741,943,700 0.0701 70,530,005 69,207,378 9,322,627 653,52 332,410 1.66;5 Interest income 2,947 718 - - 2,947 71B W Fire & Rescue 4,741,780,700 1.5252 78,530,085 69,207,376 9,322,627 14,218.B7 7,232,164 1.665 Other FlnancinC Sources - 323,616 150.000 323,616 150,000 city of Tigard 4,741,943,700 2 ,131 7h,930,909 e9,207,378 9.322,627 23,428.69 11,916,979 1.661. Total Bemwces 156123 337,58,0 323,616 171,967 479,839 515,551 acfuded from M-5 rate limitation Requirements: - - Washington County bonds 4,741.943,709 0.1947 76,530,005 69,207,378 9,322,627 1,357.37 923,256 Debt Service:' - - - - FACUn bands 4,572,357,820 0.1717 79,530,005 69,207,378 9,322,627 1,455,26 785,074 1.7,29: Capital Outlay - - 295,fi49 177,957 295,649 177,967 FCC bonds 4,572,357,820 0.2223 78,530,005 69,707,378 9,322,627 2,853,77 1,016,435 1.729: Ending Fund Balance 156,223 337,564 - 156,223 337,584 Tri-Met bonds 4,741 , 943,700 0.0356 78,530,005 69,207,378 9,322,627 74a.61 405,910 1.66% Total Requirements 156.223 337,564 295,649 177,967 451,977 515.551 t Indicated tux revenuo foss to the Tis7ardlTuhlatin School District is compensated by the State of Oregon Mrough a Stole funding formula which results in no net loss to school districts Narr. Figures vrr vnvudirednsafAuli at 2srvnd arrsu6(rcr to odfmf-tanm(Re nadir lscempfered. wRh ulban renewhl programs. z Agenda Item # Meeting Date August 25, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approve and authorize the Citv Manager to sign„ an Intergovernmental Agreement aGA) with the Tigard-TualatinSchool _ District for the City of Ti~ard's participation in year two of the Safe Schools Grant Program. Prepared By: Chief BA] Dickinson Dept I-lead Approval: 4-m v City I1Nlgr Approval: y\ ISSUE BEFORE THE COUNCIL Shall the City Council approve and autho~ze the City Manager to sign an Intergoverm-nental 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 grant will enter into its second year during the 09/10 school year. The Tigard Police will provide an after school youth program at bowler Middle School. The after school youth program will be modeled after a similar program at Twality Middle School. The Tigard Police Department will receive $64,520 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 year two of a four 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 terns of the IGA. SAFE SCHOOLS/I1EALTHY STUDENTS INTERGOVERNMENTAL AGREEMENT The parties to this agreement ("Parties") are Tigard-Tualatin School District No. 237, a school district of the State of Oregon ("District"), and The City of Tigard, apolitical subdivision of the State of Oregon, acting by and through its Police Department ("Tigard P.D."). The parties enter into this agreement pursuant to authority granted in ORS Chapter 190 (Intergovenrmental Cooperation). RECITALS A. The District has received a four-year grant, in which the second year has an allocation of $1,474,947.00, from the United States Department of Education, the Substance Abuse and Mental Health Services Administration, and the United States Health & Human Services Department for the purpose of instituting a Safe Schools/Healthy Students Program ("SS/HS Grant"), called the Tigard Tualatin Alliance for Successful Kids ("TTASK" Force). The TTASK Force is made up of the District and all our agency partners including Washington County, the Department of Human Services, and the cities of Tigard and Tualatin and their respective police departments. The Tigard P.D. has the experience and expertise to help the District implement the program. B. The parties believe that partnership and collaboration are essential to the success of the Program and desire to enter into this Intergovernmental Agreement ("Agreement") to accomplish this purpose. AGREEMENT 1. PROGRAM DESCRIPTION The District and its partners propose an integrated, comprehensive, community-wide, and community-specific plan to address the problems of school violence and alcohol and other drug abuse. This plan is focused on five elements: • Element 1: Safe school environments and violence prevention activities. • Element 2: Alcohol and other drug prevention activities. • Element 3: Student behavioral, social, and emotional supports. • Element 4: Mental health services. • Element 5: Early childhood social and emotional learning programs. The overarching goals of the project are to: 1. Create an inclusive, supportive, respectful school culture and secure environment, so that Tigard-Tualatin students and staff feel physically and emotionally safe. 2. Provide every child with the support and skills to resist alcohol, tobacco, and other drug use. 3. Ensure each student will have the support and skills to be healthy, productive members of the school community. PDXDOCS:1755932.1 7:10 PM -7 1 4. Provide all children with identified mental health needs access to comprehensive services. 5. Ensure children enter school with the social and behavioral skills needed to be successful learners. The TTASK Force partners are dedicated to improving outcomes for children and their families through building a dynamic community-owned coalition made up of the Tigard-Tualatin School District, the Washington. County Juvenile and Conciliation Services, Washington County Commission on Children and Families, Washington County Health and Human Services, the Tigard Police Department, the Tualatin Police Department, and the Department of Human Services. The project will transform the current system by challenging the status quo and taking new and creative approaches to infrastructure development and service delivery. U. RESPONSIBILITIES OF THE TIGARD P.D. A. Services to be performed by the Tigard P.D.: 1) Act as a partner in the development and implementation of the project; 2) provide support to the schools in the development of safe, crime free environments; 3) continue to provide youth with positive relationships with law enforcements officers; 4) continue to lead and increase meaningful afterschool program at Fowler Middle School with the use of Boys and Girls Club of America; 5) coordinate, implement, and supervise afterschool activities at Fowler Middle School for a minimum of forty students, for up to thirty weeks (including snacks, field trips, bussing, supplies, and other related programming activities); 6) make certain TPD staff and/or subcontracted staff are adequately trained, supervised, and evaluated to ensure students are safe and productive; 7) meet the minimum number of staff as prescribed in the SS/HS grant application (four total staff); and, S) assist Tigard Schools in the assessment of the adequacy of school safety and crisis plans and development of staff competency in implementation of such plans. The Tigard P.D. agrees to assign Director-level membership to participate on the TTASK Force Coordinating Council to ensure the project results in sustainable, effective, efficient, and flexible systems of support for children and families of our community. The Coordinating Council will meet monthly to address policy, direction, design, and coordination, and provides the Project Director with on-going support in the development, implementation, review, and on-going modification of the program. The implementation of the project will primarily be accomplished through the TTASK Force Workgroups, which will meet maximally twice-monthly to accomplish the immediate work of the project. The Tigard P.D. agrees to provide meaningful membership to this group. The coordination and communication of these groups will be a model for the collaboration and community wide outcomes of the TTASK Force. The Tigard P.D. recognizes that participation by those who will benefit from the programs is essential and endorses the inclusion of the work of the Family Advisory Council. In addition, quarterly Community Forums will be held to provide an opportunity for the sectors of the community {faith community, private schools, entities representing the diversity of the 2 community, the business community, etc.) that participated in the project to continue to assist in the development and implementation of its components. The Tigard P.D. agrees to participate in the monthly Family Advisorjt Council and quarterly Connnunity Forions. The Tigard P.D. will provide reports, within 30 days of written requests, of progress towards project goals. These goals are stated in the TTASK logic model and evaluation plan. B. Compliance with SSIHS Grant. The Tigard P.D. will perform work relative to achieving goals and objectives stated in the TTASK logic model and evaluation plan. C. Background Checks. The Tigard P.D. will meet the federal requirements of criminal background checks and compliance, and with the District's criminal history verification and fingerprinting requirements at the Tigard P.D.'s expense for all employees who will have unsupervised contact with students as a result of the provision of services under this Agreement. The Tigard P.D. and its contractors will ensure compliance with this requirement by each employee before that employee may begin providing services under this Agreement. D. Confidentiality. The Tigard P.D. will ensure that its employees and contractors maintain the confidentiality of student information under FERPA and Oregon Student Records Regulations. The Tigard P.D. will work collaboratively with the District to provide information and training on confidentiality to staff and contractors. E. Invoicing and Payment • Submit invoices quarterly: o September 30 - by the 20`t' day of the next month o December 31 - by the 20`x' day of the next month o March 31 - by the 20t1' day of the next month o June 30 - by the 20"' day of the next month • Stiunmarize all hours, gross salaries and benefits by individual. • Summarize all expenditures by individual. • Payment is made only for services delivered and itemized • Send invoices attention to: Ray Grosenbach • Invoices can be transmitted via e-mail, fax, or postal mail o Fax No. {503) 431 - 4037 o E-Mail: rgrosenbach cr,ttsdAl2.or.us 3 o Postal mail: Larry Hibbard Administration Center Attention: Ray Grosenbach Tigard-Tualatin School District 6960 SW Sandburg St. Tigard, OR 97223 • The maximum allowed charges against this contract for the period from July 1, 2009 through June 30, 2010 shall be: a. The Tigard P.D. _ $64,520.00 i. Includes: 1. Personnel: Reimbursement will be based on: a. quarterly invoices (which reflect monthly activity as documented on the "Safe Schools/Healthy Students: Contracted Services Monthly Report"), b. service and participation according to section III of this agreement, and, c. according to the scope and purpose of the Tigard Police Department's vital partnership with the Safe Schools/Healthy Students project. 2. Materials/curriculum/transportation/snacks for students/field trips/supplies: documented on invoices and/or the "Safe Schools/Healthy Students: Contracted Services Monthly Report" (includes ALL materials and curriculum necessary to execute programs referenced in Section IIA). ii. ALL other expenditures not referenced in Sections IIIA and II113 (including use of any subcontractor's email/technology system and limited office space utilization) are the responsibility of the Tigard Police Department, unless written approval is obtained by the Tigard-Tualatin School District. F. Audit. The Tigard P.D. agrees to comply with audit requirements of the SS/HS Grant and to provide copies of their annual report and any other reports from agency audits performed during this Agreement. G. Records. The Tigard P.D. agrees to maintain program and fiscal documentation for services rendered. Such documentation shall be maintained in accordance with applicable federal and state laws and implementing regulations. All program and fiscal documentation is subject to audit. The Tigard P.D. assumes fiscal responsibility for preparation of program and fiscal documentation, supplies and materials. 4 -7 1 III. RESPONSIBILITIES OF DISTRICT A. Services to be performed by The Tigard-Tualatin School District. 1) Provide leadership in the development and implementation of the project; 2) work with partners to improve aspects of the project as it progresses; 3) act as fiscal agent for the project; 4) hire a Project Director and Administrative Assistant; 5) manage and convene meetings of the project Coordinating Council, Community Forums, Family Advisory Council and Operations Work Groups; 6) coordinate the development of necessary Intergoverninental Agreements and Memorandums of Understanding; 7) oversee the evaluation of the project and provide program evaluation data to all partner agencies; 9) hire, support and supervise 3.5 Strategic Tutors; 9) hire, support and supervise 1.0 Effective Behavior and Instructional Support Coach; 10) hire, support and supervise 1.0 Intercambio Activities Coordinator; 11) expand the district's training in cultural competency; 12) assign leadership for the Youth Services Team; 13) purchase, and provide training for, adopted violence and drug/alcohol prevention curricula; 14) coordinate community-wide early childhood screening and identification activities; and, 15) ensure Tigard- Tualatin District staff are knowledgeable regarding grant-funded programs. B. Provision of Space and Necessary Materials. All equipment and materials purchased with TTASK Force grant funds are the property of the district upon termination of contract. C. Payment. • Allow ten days after TTSD receives invoice for payment • Payment will be mailed to: Tigard Police Department Attn: Tom lmdieke 13125 SW Hall Blvd. Tigard, OR 97223 IV. GENERAL PROVISIONS. A. Term. The term shall be July 1, 2009 through June 30, 2010. This agreement must be renewed each year, for a maximum of five years from the original grant award (July 1, 2008) by written agreement of the TTASK Force partners. B. Termination. 1. Termination for Convenience. This Agreement may be terminated at any time by any party upon thirty (30) days written notice. 2. Termination for Cause; Cure. This Agreement may be terminated for cause by any party by providing thirty (30) days notice of breach of contract to the breaching party. This Agreement will not be terminated if the breaching party cures the breach prior to conclusion of the notice period. 5 ~ r 3. Termination for Lack of Funding. This Agreement is contingent upon the availability of adequate funding. 4. Compensation at Termination. In the event of termination, District shall compensate The Tigard P.D. for services performed up to the date of termination. C. Indemnification. Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, the Tigard P.D. shall indemnify, defend and hold harmless the District from and against all liability, loss, and costs arising out of or resulting fi-om the acts of the Tigard P.D., its officers, employees and agents, including intentional or willful misconduct, in the performance of this agreement, and the District shall indemnify, defend and hold harnless the Tigard P.D. from and against all liability, loss, and costs arising out of or resulting from the acts of the District, its officers, employees and agents, including intentional or willful misconduct, in the performance of this agreement. 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. The term "costs" as used in this indemnification section shall include attorney fees at arbitration, mediation, trial or on appeal. D. Insurance. The Tigard P.D. and District agree to each maintain insurance or self insurance consistent with provisions of the Oregon Tort Claims Act, ORS 30.270 and customary for public agencies of the same size and type. E. Adherence to Law. Each party shall comply with all federal, state and local laws and ordinances applicable to this agreement. F. Non-discrimination. Each party shall comply with all requirements of federal and state civil rights and rehabilitation statutes and local non-discrimination ordinances. G. Access to Records. Each party shall have access to the books, documents and various records of the other party which are related to this agreement for the purpose of examination, copying, and audit, unless otherwise limited by law. H. Subcontracts and Assignment. No party will further subcontract or assign any part of this agreement without the written consent of the other party. All TTASK Force partners that plan on subcontracting services must adhere to regulations specified in Section 80.36 in EDGAR. 1. This is the entire agreement. This Agreement constitutes the entire and integrated agreement between the Parties and may be modified or amended only by the written agreement of the Parties. 6 DATE: TIGARD-TUALATIN SCHOOL DISTRICT NO, 233 By: Rob Saxton Superintendent DATE: THE CITY OF TIGARD'S POLICE DEPARTMENT By: Craig Prosser City Manager 7 Agenda Item # Meeting Date August 25, 2009 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Award of Contract for Construction of the Steve Street Water Quality Enhancement Project Prepared BY: Vannie N en Dept Head Approval: City 2vl r Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board, by motion, approve a contract award for construction of the Steve Street Water Quality Enhancement project? STAFF RECOMMENDATION Staff recotrvnends that die Local Contract Review Board, by motion, approve a contract award to NorthStar Associates in the amount of $95,925.00 for construction of the project and authorize an additional amount of $9,000.00 to be reserved for contingencies and applied as needed as the project goes through construction. The total amotmt committed to the project is therefore $104,925.00. KEY FACTS AND INFORMATION SUMMARY • This project enhances an existing water quality facility in the vicinity of Steve Street and 5151 Ave. The unnamed tributary to Ash Creek at this location is severely incised and threatening abutting properties. • In order to relieve flooding and stop creek incision, the project proposes to pipe the existing channel for approximately 300 feet, backfill and re-grade the channel, and install water quality facilities to improve storm water treatment. All permits have been obtained for the construction. • The project is located within tax lot No. 1S136CB08300 commonly owned by the Herb & Peggie's Place Subdivision but maintained by the City of Tigard. The maintenance responsibilities of the tax lot that contain drainage facilities are required by Resolution No. 89-21. • The project was advertised for bids on July 7, 2009 in the Daily Journal of Commerce and on July 9, 2009 in the Tunes. Three project addenda were issued to clarify design information and to change the time of the Bid opening. Bids were publicly opened on July 28, 2009 at 2:00 PM and the bid results are: NorthStar Associates Milwaukie, OR $95,925.00 (lowest bid) All . Ways Excavating Hubbard, OR $102,421.00 K&G Excavating Hillsboro, OR $102,554.00 NW Kodiak Construction Sherwood, OR $109,559.90 Elting Northwest Gladstone, OR $112,37925 GVS Contracting Newberg, OR $121,427.24 Henderson Land SeLti-ices Lake Oswego, OR x$.154,544.00 David Roberts Contracting Bay City, OR $154,938.00 Engineer's Estimate Range $117,000 to $130,000 • Although NorthStar's bid is less than the low number in the Engineer's estimate range, it is relatively close to the next two lowest bids. Staff has reviewed all the bids submitted and has deterrnined NordaStat's bid is responsive and reasonable. Staff recommends approval of the contract award to dais lowest bidder. • Upon Council approval of the contract and after the Notice to Proceed has been issued, the contractor will have 45 calendar days to complete the construction. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS This project meets Goal No. 11, Public Facilities and Services, of the Comprehensive Plan, by maintaining a storinwater systein that protects water quality and provides flood control as specified by the Plan. ATTACHMENT LIST Project Location Map FISCAL NOTES $130,000 has been approved in the FY 2009-10 CIP Water Quality/Quantity Fund for this and other projects. This amount is sufficient to award a contract of $95,925.00 to NorthStar Associates and to provide a contingency amount of $9,000.00 for a total project conanhitinent of $104,925.00. STEVE STREET & 81 ST AVENUE Water Quality Facility Enhancement SPRUCE ST P JEGT f~E l- a THORN ST N CID N S7EVE ST o m LL, o ~ z N I NO SCALE z Agenda Item # Meeting Date August 25, 2009 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Award of Contract for Construction of Hall Blvd Sidewalk from Bonita Road to 600 feet North Prepared By: Vannie Nguyen Dept I -lead Approval: City Mgr Approval: IssUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall die Local Contract Review Board, by motion, approve a contract award for construction of Hall Blvd Sidewalk from Bonita Road to 600 feet north? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve a contract award to Parker Northwest Paving in the amount of $199,561.70 for construction of the project and audlotze an additional amount of $19,000.00 to be reserved for contingencies and applied as needed as the project goes through constriction. The total amount committed to the project is therefore $218,561.70. KEY FACTS AND INFORMATION SUMMARY • There are sidewalk gaps on the east side of Hall Blvd north of Bonita Road. One of the gaps includes a narrow shoulder and a steep slope, which create safety concerns for pedestrians and bicyclists. Traffic turning right onto Hall Blvd from Bonita Road also put pedestrians waiting for stop lights at risk due to lack of sidewalk at the intersection. • This project is a sidewalk infill project along the east side of Hall Blvd from the Hall/Bonita Road intersection to 600 feet north to provide a safe walking route for pedestrians. The project also includes storm drainage and pavement improvements. Most of the work will take place widhin the existing right-of-way. • This project supports City and TriMet efforts to identify and implement transit access within the Tigard area. TriMet will install a bus stop and shelter within the project area for the bus line serving Bonita Rd and Hall Blvd. • Upon completion, the sidewalli will allow school-aged children safe access to bodi Trilvlet and school bus stops, as well as to the Tigard Library to die north. • The project was advertised for bids on July 21, 2009 in the Daily Journal of Comtherce and on July 23, 2009 111 the Tithes. Bids were opened on August 4, 2009 at 9:00 AM and die bid results are: Parker Northwest Paving Canby, OR fs199,561.70 (lowest bid) Kodiak Pacific Construction Sherwood, OR $232,232.00 GVS Contracting Newberg, OR $243,723.40 R&R General Contractors Wilsonville, OR $320,000.00 Engineer's Estimate Range $274,000 to $302,000 • Although Parker Northwest Paving submitted a bid that is approximately 14% lower than the second lowest bid and 27% lower than the low engineer's estimate, the contractor expressed his interest in performing the work and assured staff that the project will be fully completed within tie 'ldicated timeframe and the bid amount. Staff also renewed each item proposed ui the contractor's bid to ensure completeness and correctness and recomtnends approval of the contract award to this lowest bidder. Upon Council approval of the contract and after the Notice to Proceed has been issued, the contractor will have 65 calendar days to complete the work. The construction is anticipated to be completed by mid-October 2009. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL. GOALS This project meets Goal No. 12, "Transportation" of the Comprehensive Plan, by providing safe, secure, and desirable routes for pedestrians as specified by the Plan. ATTACHMENT LIST Project Location Map FISCAL NOTES This project is funded by the State Pedestrian/Bicycle Improvement Grant and the Gas Tax Fund in the amount of $326,566 in FY 2009-10. The total project cost of $218,561.70 will be divided between the State grant and the City as follows: - State: $192,018.50 - City: $96,384.20 ($26,543.20 in hard dollars and $69,841.00 in in-kind contribution) The budgeted amount of $326,566 in the 17Y 2009-10 CIP is sufficient to award the contract to Parker Northwest Paving. OR141: GREENSWARD LANE - BOUTA ROAD SEC. Beaverton - Tualatin Hwy (Hail Blvd) Sidewalk Improvements from Bonita Road to 600 Feet North sw i a GREEN54YAf7O LN 1. CREAK f rn i CT y/s/~ ^r 1. IV ~ Q F f INEZ ST t SONITA RD p~ EBROOK , 83RD CT CTI ti ~ / PINEBROOK ST NO SCALE Agenda Item # Meeting Date August 25, 2009 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Tigard Transit Center Development Opportunity Studv - CG #2 Prepared By: Sean FarreRy Dept Head :approval: Cite ~lgx _~ppxoval: ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY Real estate economics consultant Johnson Reid will present their findings on the feasibility of redeveloping the Tigard Transit Center (and one neighboring property) and provide recommended next steps for advancing downtown development. Metro, TriMet, and the City jointly participated in dus study. STAFF RECOMMENDATION Review the report and develop next steps. KEY FACTS AND INFORMATION SUMMARY In December 2005, Metro, TAMet, and the City entered into an Intergovernmental Agreement to study the potential of redeveloping the Tigard Transit Center site. The main goals of such a redevelopment would be to serve as a catalyst for Downtown development and to increase housing and employment near",ftansit. TtiMet would work with the City toxelocate transit center functions to on-street stops. The City and its partners engaged the services of a consultant team, Joluison Reid, for real estate rnarket and financial analysis; SERA Architects, for conceptual site design: and H&A Construction, for construction estimates. The team studied three scenarios: Scenario 1: On the Tigard Transit Center site, a five-story multi-faanily residential building using wood frame construction over a concrete podium. Parking would be provided in the concrete podium. Scenario 2: On the Tigard Transit Center site, a five-story mixed-use (office and commercial) building using wood frame construction. Parking would be a mixture of "tuck under" and surface parking. Scenario 3: On the adjoining Nicoli (Frame Central) site, q, three story mixed use (retail and office) building using wood frame construction and surface parking. The conclusion of the report is that only the Nicoli site would be financially feasible in the short term. The scenarios for large scale transit oriented development on the Transit Center had very sizeable gaps between the costs of development and the achievable rent levels. This was true even with the cost of land greatly subsidized, is\1.RPLN\Counci1 Matcrials\2009\8-25-09 AIS C-CDA Development Opty Srudy.docx 1 Following are some of the cost factors that contributed to the finding that redevelopment of the Transit Center site is not feasible in the short term- • The cost of providing structured or tuck under parking is more expensive than surface parking (even using the proposed reduced minitntun panting ratios for residential development in the Downtown). • Five story structures incur additional costs in design and construction. • Site configuration (the long and narrow site added to construction costs). Revenue Factors: • Achievable rent levels are not currently high enough to support large scale development. Although an immediate project on the Transit Site was found not to be currently feasible, the results of the analysis will help clarify the types of development d-iat are likely to be triable in Downtown Tigard in the five-to-ten year period. The report found that 3 to 4 story residential or mixed use buildings, with a density of 30 to 35 units ari acre using wood construction and surface parking, to be feasible. This form of development could be an interim step between current development and die type of higher-density projects desired for the future. Johnson Reid also recommended some strategies to move development forward in the Downtown: 1) Focus on smaller sites /catalyst projects in the beginning. 2) Reduce parking ratios where possNe_(this is addtessed in the proposed downtown code amendments). 3) Consider a "phased development" approach. This policy tool would encourage lower density that is feasible now, while ensuring sites would be available for higher density later. 4) Put preferred public incentives prograrn in place. Johnson Reid provided a matrix of possible incentives, some of which the City is currently pursuing. The CCDA may wish to evaluate the additional public incentives. 5) Move forward on those public projects with identified fun& . The owner of the Frame Central property has been provided with the development opportunity study of their site. Follow-up contact will be made with the owner to discuss the report. The City Center Advisory Committee was briefed on the study at their August 12 meeting. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Goal#2: Implement Downtown Urban Renewal ATTACHMENT LIST Attachment 1: Report on Development Opportunity Study for Downtown Tigard FISCAL NOTES None I:\1,RP1,N\CnuncA Materiab\2009\8-2-09 AIS CCDA Development Opn• StudY.docx 2 Attachment 1 JOHNSON REI D LAND USE ECONOMICS REPORT ON DEVELOPMENT OPPORTUNITY STUDY DOWNTOWN TIGARD Ell" - t ~ e 1 ~r PREPARED FOR: THE CITY OF TIGARD TRIMET METRO BY: JOHNSON REID LLC SERA ARCHITrCTS H &A CONSTRUCTION 319 SW WASHINGTON SUITE 1020 PORTLAND, OR 97204 503/295-7832 503/295-1107 (FAX) JOHNSON REI D LANE) USE ECONOMICS CONTENTS 1. Introduction 2 11. Summary of Study Findings 3 A. Study Sites .........................................................................................3 B. Location ............................................................................................4 C. Current Development Forms ............................................................:1 D. General Findings ...............................................................................5 E. Cost Considerations 7 F Revenue Considerations ...................................................................5 G. Conclusions .......................................................................................9 111. Urban Development and Redevelopment (Overview) ...........11 A. Overview of the Development Process .........:.................................11 B. Financial Feasibility .......................................................................1 i C. Parking., 12 D. Construction Types .........................................................................13 E. Return on Risk .................................................................................13 F. Scale ................................................................................................14 G. Timing .............................................................................................1=1 H. Redevelopment Considerations ......................................................14 IV. Conclusions and Recommendations 17 A. What Development Types are Feasible in Downtown Tigard? 17 B. Recommended Strategies ...............................................................19 C. Policy Tools for Achieving "Town Center" Development Types.... 21 319 SW WASHINGTON SUITE 1020 PORTLAND, OR 97204 503/295-7832 503/295-1107 (rAx) I. INTRODUCTION JOHNSON REID was retained to prepare analysis of three Development Opportunity scenarios in Downtown Tigard, with accompanying design work from SERA Architects, and construction costing provided by H&A Construction. A Development Opportunity Study (DOS) is an analysis of one or more specific sites which are judged potential candidates for development. The DOS is designed to determine if development is feasible on the site, and if so what type of development. To this end, some of the steps of a typical pre-development due-diligence are carried out, including analysis of the real estate market, preliminary design and site planning, and modeling of the financial performance of the hypothetical development. The primary objectives of the assignment were as follows: Design and test development scenarios which would provide examples of the type of building form and design envisioned for Downtown Tigard, as the revitalized heart of the community. Planning efforts in the Downtown call for increased density, mixed-uses and transit-oriented design. Projects like those modeled here would serve as catalysts for greater private developm en t in the future. Based on the development models, provide analysis of existing market conditions, opportunities and constraints that will impact these development types in the study area. r Provide recommendations for regulatory and financial incentives which will improve the feasibility of dense, transit-oriented development on the site. This memorandum presents a summary and explanation of the study's findings, followed by a discussion of the implications of the study for development in Downtown Tigard over the coming years, and strategies and recommendations for moving forward with the Downtown vision. In collaboration with representatives from the City of Tigard, TriMet and Metro, Johnson Reid LLC and SERA Architects designed and modeled three separate development Scenarios - two for the Tigard Transit Center Site, and one for the adjacent Nicoli Site. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 2 _t r 11. SUMMARY OF STUDY FINDINGS This section summarizes the major findings of this Development Opportunities Study. See Appendix A for detailed presentation of each individual case study, as well as the assumptions and methodology used. A. Study Sites The subjects of this Development Opportunity Study are two adjacent parcels located in Downtown Tigard. The Downtown area has been the subject of intensive visioning and planning efforts in recent years, aimed at revitalizing the area and re-establishing it as the heart of the community. In 2006, voters adopted a Central City Urban Renewal Area to help make the vision a reality. The location of these sites in the center of the Downtown planning area, combined with potential owner interest in redevelopment, make them compelling redevelopment studies. From the public perspective, the goal of redevelopment would be to encourage more density and mixed-uses in keeping with the long-term vision for the district, both to set an example of building form and catalyze future development. The sites examined here are the Tigard Transit Center site, located on SW Commercial Street and the adjacent "Nicoli" site located to the northwest, on the corner of SW Commercial and Main Streets. The sites are located adjacent to the new Westside Express Service commuter rail stop, which runs from Wilsonville to the south, to Beaverton to the north. FIGURE 2.1: STUDY SITES, AERIAL VIEW ♦ e~ ♦ tine 1 ♦ R Nicoh Site ♦ VVES Transit Center Rail CIO , station ♦ c'a~ 1 ` /SfA "I"t Fan1 9 17.5 75 150 225 '-00 ` Source: Metro RLIS, Johnson Reid LLC DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 3 B. Location As noted above, the Downtown Tigard area is the focus of concerted planning efforts and community interest in creating a denser, more vital, mixed-use heart for the community. Downtown Tigard is located to the south of Highway 99 West, near the confluence of Highway 217 and 1-5. In addition, it has the benefit of a WBS commuter rail stop and multiple bus lines. Accordingly, the sites are well situated to enjoy ready access from the rest of Tigard and beyond. FIGURE 2.2: STUDY SITES, LOCATION CONTEXT zv Beaverton 99 ~ y Tigard study sites A King City Durha Source: Metro RLIS, Johnson Reid LLC The study sites are located 500 feet south of Highway 99W and enjoy some visibility from the highway overpass (where it passes over the commuter and freight rail line). The sites are accessible from Main Street which connects to the highway at signalized intersections to the east and west. SW Hall Blvd. brings traffic from Tualatin and Durham to the south. C. Current Development Forms Currently, the downtown area is characterized by older, low-rise development Of a wide mixture of uses. Retail and commercial services dominate Main Street, including auto-oriented shopping centers on the north end, and more traditional storefront buildings on the street itself. Legacy industrial uses are prevalent to the southeast and near the rail line. The City owns significant land in the south end of the Downtown where the City Hall and public works departments are located. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 4 Some multi-family residential uses exist in the form of smaller apartment complexes and a mobile home park near the center of the district, but the addition of residential density remains a key goal of the long term vision for the district. There has been little recent redevelopment in Downtown Tigard, and no clear examples of the type of dense, transit-oriented and/or mixed-use form envisioned for the district's future. The development prototypes presented in this Development Opportunity Study would represent a new model and hopeful catalyst for denser transit-oriented development. D. General Findings The scenarios evaluated varied in their viability, with the provision of structured parking generally being the biggest stumbling block. In general, Scenarios 1 & 2 on the Transit Center Site were found to face significant barriers to feasibility as modeled, due to their overall size and need for structured parking. Scenario 3 addressing the Nicoli Site was much closer to feasibility. The basic proposed development programs for the three Scenarios: ■ Scenario 1 on the Tigard Transit Center site is a large multi-family residential building. The development modeled is five stories in total, consisting of four stories of rental apartments, over a ground floor of parking with additional housing units fronting Commercial Avenue. The ground floor parking is beneath a concrete podium, which supports the wood-framed construction above. ■ Scenario 2 is also on the Tigard Transit Center site. This scenario models the development of a multi-use office and residential project on the site. The building is roughly 22% smaller than the Scenario 1 development. This allows for the structured ground-floor parking of Scenario 1 to be replaced with a less expensive combination of uncovered surface parking, and "tuck-under" parking. • Scenario 3 models the development of a three story mixed-use structure on the Nicoli Site, featuring retail use on the ground floor, and office use above. The renderings on the following page depict the three scenarios. While there are material differences between Scenarios 1 and 2, they both feature large, five-story buildings with parking underneath. Scenario three is a smaller three-story mixed-use structure with surface parking. These characteristics give an indication of what type of development is currently feasible in the area, and what might be feasible in the future. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 5 FIGURE 2.3: SCENARIO 1, TIGARD TRANSIT CENTER SITE „c arts U.rL ® :s®I ~ P'1f. If i1 if Ill 1 ~}s~r°~~ra~~~~ i~~~~i1 ~ w•'>'I~R~j 1 '{~~~~Ei~ p~l r~l~ f 1f it ~~+1't. ~.!l~+7 + v r q'L d*. Y z'~"•~S y~ Ll I~ H if 11 Sera Architects FIGURE 2.4: SCENARIO 2, TIGARD TRANSIT CENTER SITE rte.`'' Sera Architects FIGURE 2.5: SCENARIO 3, NICOLI SITE OWN* ~~.-7 , Sera Architects DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 6 -t Z~ I FIGURE 2.6: DEVELOPMENT OPPORTUNITY SCENARIOS PROPOSED DEVELOPMENT PROGRAMS Scenario 1 Scenario 2 Scenario 3 Building Size: 95,200 74,500 25,500 # of Floors: 5 5 3 Parking Spaces: 62 62 12 Bike Parking Spaces: 80 60 8 Residential Units: 67 35 0 Residential Square Footage: 60,650 33,120 0 Office Square Footage: 0 16,500 18,000 Retail Square Footage: 0 0 5,500 E. Cost Considerations The findings indicate that the challenge to feasibility represents a basic imbalance between high cost factors of the larger building type, and currently achievable rents in the market area. The analysis identified the most significant cost challenges: ■ Structured Parking: The parking design used in Scenario 1, placing most parking under the building, on the ground floor, is a more expensive form of parking than simple surface parking. This type of structured parking requires a concrete podium above, and various measures to separate the parking space from the occupied space, for safety reasons. Using Scenario 2 as a comparison, which uses a simpler "tuck under" parking design, Scenario 1's parking design adds an estimated 10% to 15% to the building hard costs. The increase over surface parking is even more significant. While "tuck-under" parking as used in Scenario 2 does offer some cost savings over a concrete podium design, there are still additional costs associated with it relative to basic uncovered surface parking. ■ Five Stories: Scenarios 1 & 2 propose wood-framed structures that are five stories in height. The construction contractor reports that three floors over a podium is much more common than four stories. The additional floor adds some additional costs both in design, to support the extra weight and adjust for settling, and logistically, in the type of crane and other equipment needed to complete the final floor. ■ Site Configuration: The Tigard Transit Center site is long and narrow, which leads to a long and narrow building design. This basic form of building increases the exterior surface area relative to the amount of leasable space it contains, and therefore exterior costs are more expensive relative to revenue generating area. In this regard, the Scenario 2 design is less "efficient" than the Scenario 1 design. Current Use: While the current use on the Nicoli Site is aging, it does have current tenants and has residual economic value. The "land cost" factored into this pro forma analysis must reflect the opportunity cost of eliminating this current use and its residual value. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 7 I Demolition and Site Preparation: While the overall cost of demolition and site preparation is lower for the Nicoli Site than the Tigard Transit Center site, it is more expensive relative to the amount of leasable space produced as a result. Therefore, these expenses make up a relatively larger portion of the overall construction cost. Elevator: Similarly, Scenario 3 calls for one elevator, which is relatively expensive considering the smaller size of the building. ■ Green Features: Without a greater level of design specificity than was possible in this type of study, it is difficult to estimate the cost of specific green features in a building's design. The cost estimates used here include the landscaped common deck areas in Scenario's 1 & 2. However, to further estimate the cast of green features in these developments, H&A Construction points to a general industry standard of 5% additional hard cost in seeking LEED Silver rating. This 5% premium was not included in the base cost estimates used here. [Note on Cost Estimates: Cost estimates for this project were supplied by a third-party construction contractor with experience in building these types of projects. The accuracy of such estimates varies depending on the specificity of the design plans the contractor has to work from. The scope of this project allowed for the development of two-dimensional site plans and basic "three dimensional" building elevations. Plans at this level of specificity require significant assumptions on the part of the construction contractor to estimate cost. In JOHNSON REID's experience, this sometimes leads to estimates which depict the costs as somewhat higher than could actually be achieved. It is prudent for the cost estimator to assume costs might be higher than anticipated rather than lower, faced with a lack of specificity. Therefore there is some reason to believe that the cost estimates presented here may be high. Unfortunately, even if this were true in this case, the costs would have to be significantly lower (on the order of 4091o to 50% lower) to make change the basic conditions of infeasibility found here for Scenarios 1 and 2. Therefore even if we assume that cost estimates are somewhat elevated, reducing them even 20% would not change the material findings. However, lower cost assumptions would have a positive effect on other potential Downtown developmentforms, as discussed in a following section.] F. Revenue Considerations Currently the Downtown Tigard market area features moderate achievable rent levels compared to other parts of the Metro area. While achievable revenues are lower than in some markets, they are not among the lowest. The following table presents a summary of rent assumptions used in this analysis. Income and sales assumptions were based upon the professional opinion of JOHNSON REID, reflecting surveys of properties in the market area. These assumptions necessarily assume a fairly generic product. As with most assumptions used in this analysis, the estimated achievable rents assume a return to more stable real estate market conditions in the Metro area, as opposed to the current highly- stressed market conditions. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 8 FIGURE 2.7: RENT AssuMPTIONS Product T e Income Assumption Rental Apartments Live/Work $0.99/s.f./mo. One Bedroom $1.07/s.f./mo. Two Bedroom $1.03/s.E/mo. Three Bedroom $0.95/s.E/mo. Average: $1.041sf.1mo Office Lease Rates (NNN,Annual): $15/s.f. Retail Lease Rates (NNN,Annual): $16/s.f NNN: Refers to a "triple net" lease in which the tenant is responsible for building expenses in addition to rent, such as utilities and property tax. In general, rent levels are not sufficient to support the type of large developments modeled in Scenarios 1 & 2, particularly with the need for more expensive parking solutions. However, rent assumptions were sufficient to support the-.smaller mixed-use/storefront development in Scenario 3. ■ Based on the cost estimates used in this study, achievable rents would have to be substantially higher to support the type of development modeled in the first two scenarios. The currently achievable rent levels in Tigard suggest that some type of public investment would most likely be necessary to achieve these development types. As with many Metro locations, density will become more feasible in the long term, as achievable rents rise. G. Conclusions The analysis prepared for this Development Opportunity Study suggests that one of the three case studies examined produced a feasible result. Both scenarios proposed for the Tigard Transit Center site were too expensive to provide positive value at the achievable rent levels. While this study presupposed that some feasibility gap would exist, which might require public partnership to fill, the size of the gap identified is very sizeable and points to the difficulties that dense transit- oriented development of this scale will face at the site for the foreseeable future. However, the results of this analysis do help establish the parameters of what types of development are likely to be viable in Downtown Tigard in a five-to-ten year period. While they may not be quite on the scale of the developments modeled in the first two scenarios of this analysis, smaller mixed- use development, such as the project modeled in Scenario 3 on the Nicoli Site, will be more feasible and can help Tigard move towards its goals of density and form. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 9 The following sections discuss some of the implications of the study for development in Downtown Tigard over the coming years, and strategies and recommendations for moving forward with the Downtown vision, DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 10 -t zfl_lb~ I lll. URBAN DEVELOPMENTAND REDEVELOPMENT (OVERVIEW) This section provides an overview of the considerations and challenges which face development projects in an established town center environment vs. a low-density or "green field" development. Some of these factors impact the feasibility of the specific development models studied, but they also provide important background on the issues which will affect development in Downtown Tigard in general. An understanding of these issues helps the community make strategic planning and development decisions. A. Overview of the Development Process B. Financial Feasibility C. Parking D. Construction Types E. Return on Risk F. Scale G. Timing H. Redevelopment Considerations A. Overview of the Development Process The private sector development process is a largely rational and, therefore, largely predictable response to market and regulatory conditions. Developers serve as the primary drivers of the development process, typically initiating land development. The developer makes a living through managing risk, evaluating the probable financial return on a project in light of assumed risk. Developers cannot be expected to initiate a development in which the risk-to-return ratio is not compelling. Bath lenders and equity contributors will also evaluate any development opportunity proposed by a developer using similar criteria. The "market" is the customer or end-user in the development process, and will largely dictate to the developer what is marketable and what will be paid for the end product (either through purchase price or lease rate). Governmental agencies typically define the legal and bureaucratic process under which entitlements are granted (or purchased), and can influence the marketplace by incentives or restrictions. B. Financial Feasibility Private sector development activity reflects the management of perceived risks and returns. Anticipated return rates are typically generated using pro forma financial analyses, which forecast costs and revenues associated with specific developments. Developers use a broad range of approaches in preparing their financial analyses, with a number of financial return measures commonly used to evaluate the viability of projects. Financial feasibility represents the most reliable predictor of developer activity, but by no means a perfect one. As a result, financial viability was a principal focus of our analysis, which includes the use of prototypical pro forma analysis applied to specific examples to evaluate financial feasibility of certain densities and land uses. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 11 C. Parking The cost of structured parking is the most significant limitation cited with respect to achieving higher densities. The cost of this type of parking usually substantially exceeds what can be justified on a financial basis by any associated revenue gain in most locations. Development in the Downtown Tigard area has relied on surface parking. The cost of structured parking ranges from approximately $25,000 per space for above-ground structures to over $35,000 for subterranean spaces. These costs can be recovered in areas in which substantial parking fees can be collected, such as downtown Portland, but cannot be justified (without subsidy) in most situations elsewhere in the Metro area. Where land values are low, surface parking is substantially less expensive to provide. As land values climb, use of the land for surface parking becomes more expensive, and structured solutions become more competitive. Land values in suburban locations are typically well below what would be necessary for structured parking to represent the highest and best use of a site. As a result, surface parking generally represents the most cost effective way to provide parking, assuming the site allows for a surface parking solution. Based on previous analysis completed by Johnson Reid, structured parking does not become competitive with surface parking until land values approach $65 per square foot. There are some specialized situations in which structured parking becomes more viable in suburban locations. o The first of these is when there is no other plausible option for providing parking, and the parking is required for a high-value land use. For example, structured parking is often viable near regional shopping malls or hospitals, which generate a substantial area- specific premium. o There are also situations in which site slope conditions and other factors allow for a limited level of structured parking spaces. One example would be ifgrading orfoundation requirements leave unused space suitable far tuck-under parking. As another example, one level of underground parking can be achieved at a lower cost ($10,000 per space) if a multi-story building has to dig a hole anyway to provide an adequate foundation. ■ Structured parking lots can offer covered and secured spaces, as well as direct entry to buildings. These characteristics often can yield a premium in achievable lease rates, allowing for partial cost recovery. In residential townhouse developments, secure, direct access parking can yield a substantial premium. ■ Parking is viewed as a necessary asset to lease space, and developers will pay what is necessary to provide adequate parking, in order to support an existing or proposed development. The allocation of costs to parking is difficult, as the garage often contains structural improvements necessary for the remainder of the project. The allocation of land costs between parking and other improvements can also vary. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 12 Aa-bL I From a revenue perspective, the degree to which a developer can recapture the cost of parking through direct parking charges is limited in suburban locations. Suburban office space does not typically charge directly for parking, although the number of required parking spaces is often included in lease negotiations. From a market perspective, structured parking is unlikely to represent a viable development form in Downtown Tigard at this time without public participation. D. Construction Types Higher-density development typically requires changes in construction types, which can yield higher costs per unit. In the case of both office and residential development, wood-frame construction represents the lowest cost per square foot for new space. Construction costs per square foot tend to increase as densities increase, with higher costs associated with shifts to concrete and steel construction. In general, the increase in either sales price or achievable lease rates associated with alternative construction type is insufficient to offset the higher costs. The key benefit from a financial perspective of changing densities through construction type is a higher yield, in terms of leasable square footage or units, associated with a particular land parcel. As a result, higher underlying land values (indicating higher achievable rents) can change the financial equation to favor higher density development forms. The development of mid-rise apartments under current land prices can be difficult to attain in suburban markets. This analysis finds that currently rent levels in Downtown Tigard are insufficient to support mid-rise construction, even if it maintains wood framing. While a regulatory action setting minimum densities that precluded low-rise apartments makes mid-rise construction the (only viable) highest and best use of the property, no development activity would be expected to occur without substantive subsidy. Rising achievable lease rates will cause mid-rise development to make financial sense over the long run, but precluding development until rent levels rise will not support the current development and vitality necessary to increase the neighborhood amenity level to where the higher rents are viable. A possible solution to this fundamental problem is potentially a requirement for "shadow platting in which a development proposal must show a viable phasing solution to a higher density form over time. This allows for an interim development consistent with current market conditions while not precluding a more intensive development if supported at a later time period. E. Return on Risk Urban and redevelopment projects are often perceived to have a greater level of risk, necessitating a higher level of return for some developers. Particular problems can include difficulty in construction (staging, conflict with existing uses) and the relatively high soft costs associated with complex projects with limited scale. In addition, developers cite interaction with jurisdictional planning efforts as sometimes representing an additional layer of entitlement risk and bureaucracy. There are developers willing to accept lower initial rates of return for urban projects, on the anticipation that barriers to entry in these areas will allow for better long-term returns. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 13 -t Aa-116 The primary impact of a relatively high perceived level of risk is that developers demand a higher rate of return, The demand for a higher return puts downward pressure on the acceptable cost of the project. As costs rise, the return diminishes and the project may become unattractive. F. Scale The scale of most infill and redevelopment opportunities is limited, while the complexity can be substantially higher. This increases soft costs relative to the overall level of investment, decreasing yield. Soft costs include the following basic categories: • Architectural and Engineering ■ Developer Fee ■ Construction Interest ■ Legal • Market Analysis ■ Bank Fees/Appraisal ■ Permits & Fees Pre-Development Costs Community Outreach G. Timing While our analysis supports a contention that the ability of the area to support higher densities is limited, it should be noted that these limitations reflect projected market conditions over the next few years. Over a longer planning horizon, shifts in usage patterns and land values may substantively alter the development environment. If achievable rent levels increase substantively within the metropolitan area and Tigard over time, many of the higher density development forms would become more viable. In other words, the higher-density product may in fact be in demand by consumers today, but today's rent levels do not support the higher-density products. There have been some efforts to allow for current development that does not preclude development at higher densities at a later time. This is an important consideration, as development under current market conditions is not expected to yield targeted densities but can limit redevelopment opportunities. As mentioned, shadow platting is an approach being used by some jurisdictions. This process requires developers to design their developments to achieve targeted densities over time, while still allowing for a viable project under current market conditions. H. Redevelopment Considerations A large proportion of the land in Tigard's Downtown has been developed [including the subject properties], and a key source for additional capacity in the area is therefore the redevelopment of existing properties. But while current uses may not represent what would be considered the highest and best use of a site from a public policy perspective, redevelopment may not be viable from a market perspective. Redevelopment requires several definable conditions to be viable, which are outlined in this section. DOWNTOWN TIGARD, DEVELOPMENT OPPOR'T'UNITY STUDY 14 -t I A ratio of improvement to land value is typically used to identify parcels with development or redevelopment potential. This ratio attempts to identify parcels in which the value of the improvement is relatively low relative to the value of the land. The following are some limitations of this type of analysis: ■ Not all of the vacant parcels are being actively marketed, and a property owner's decision to sell is not always predictable and can be based on personal as well as economic factors. ■ The data used to quantify the value of improvements is derived from County Assessor records and is not always reliable. Many properties identified as re-developable have a significant economic value in their current configuration, which is likely to be greater than the value of the land for redevelopment. Under these conditions, it would not be reasonable to assume redevelopment of the property from market farces. One of the key variables to track in determining the viability of redevelopment is residual land value, or the value of land under alternative development programs. The following are conditions under which redevelopment is likely. The land value for the proposed development isgreater than the sum of the land value and improvements under the current use; ■ The return associated with improving a propertyyields rent premiums capable of amortizing the associated costs; or ■ Depreciation of the improvements on a property has reached a -point to which the improvement has no effective value. The factors impacting the viability and/or probability of redevelopment any individual site are numerous: ■ Owner disposition. This factor includes a broad range of variables, including the property owner's level of capitalization, investment objectives, risk sensitivity, availability and terms of credit, perception of return, etc. ■ Current lease structure. The property's current lease structure and term may either preclude major improvements or reduce the potential for realizing a return on enhancements or improvements. An example of this is often found in retail leases, which have relatively long terms with extension options. Leaseholder disposition. The leaseholder's disposition is also a contributing factor to improvements, as the leaseholder's willingness to bear the burden of increased rents associated with improvements is critical. In addition to the current leaseholder, the general market for space and the disposition of potential lessees is also an important factor impacting the viability of improving a property. ■ Regulatory environment - The ability to successfully complete an improvement also relies upon the local regulatory environment, including building and zoning code applications. Urban development forms represent an organic and iterative development process, in which development activity increases densities and demand, triggering redevelopment and higher densities over time. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY I One of the most prevalent errors made in encouraging more intensive development in an area is to require densities and development farms that are not viable. This precludes any unsubsidized development in the area. To the extent that development does not occur, densities and land values will not increase to the threshold necessary to eventually trigger the desired development forms. The opposite risk is in rapid development of low intense development forms which can lock in lower density, even if market conditions justify higher density development later in the planning horizon. An approach which encourages development at the edges of parcels, rather than the center allows for future development around low-density uses. In the town center environment, this can mean street-orientation and the discouragement of new drive-in uses. (See discussion of phased development below.) DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 16 IV. CONCLUSIONS AND RECOMMENDATIONS This section discusses some of the lessons we can draw regarding the feasibility of these types of projects now and into the future. It also provides recommendations on the types of steps a jurisdiction can take to make these projects more feasible. A. What Development Types are Feasible in Downtown Tigard? As the findings of this Development Opportunity Study, and the market considerations discussed above indicate, private-sector development of high-density Transit-Oriented Development may be a challenge in the short- to mid-term - on the scale modeled in Scenarios 1 and 2. Even with significant public subsidy, these larger buildings are likely to remain infeasible for some time, due to the cost of providing structured parking and the level of current achievable rents to support development on that scale. Parking presents a challenge, because reliance on surface parking limits the amount of the site available to accommodate buildings, and thus naturally limits the achievable density. The switch to structured parking allows greater density on site, but requires higher rents/sales prices to support the additional development costs. The first two scenarios modeled demonstrated that due to the cost of structured parking these large five-story, high-density, development types are currently infeasible. However, Scenario 3 of the study does indicate that mixed-use commercial development of three to four stories is likely feasible. This type of project is capable of providing smaller-scale catalyst development in Downtown Tigard, demonstrating new investment and still providing greater densities than are currently being achieved. This development might take the following form: Three story, wood frame construction ■ Mixed uses: Residential or office uses over active ground floor space. ■ Surface parking, perhaps with reduced requirements to maximize leasable area The following page presents some basic examples of new three-story mixed-use development to provide a visualization of what is possible with this form. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 17 _t I RENDERING OF SCENARIO 3 Mom. 177W P'. M PT-TT ■J- s Sera Arcl~itecks _ EXAMPLE: RESIDENTIAL OVER GROUND FLOOR COMMERCIAL 1 1 A Lake Norman, NC EXAMPLE: MIXED USE MAIN STREET th ~ r- '``rte . yy__ I p 1- 1' "Z` P P_ Clk ~7P CE Mchard Ellis DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 18 Advantages: Development of three to four stories can still add significant density to Downtown Tigard over the long term. If this type of development occurs, denser forms are likely to become more feasible. • These structures can meet design goals and serve as catalysts just as any larger "showcase" project can. ■ This type of development is more easily accommodated on smaller and unusually- configured sites. This type of development is much closer to feasibility and may represent an interim step between current development types and the types of high-density projects that the community seeks in the future. B. Recommended Strategies Based on the findings of this study, and the implications for development in Downtown Tigard, Johnson Reid recommends the following basic strategies moving forward. 1] Focus on smaller sites/ catalyst projects in the beginning This study suggests that it might be most effective to focus on smaller development sites initially, before attempting to move forward on a large catalyst project such as the Tigard Transit Center. This approach could make initial projects smaller, easier, and faster, giving the city and local property owners a chance to learn lessons on implementing public/private development projects. Furthermore, new development, even on a smaller scale, should make larger more ambitious developments more feasible over time, as neighborhood investment and vitality become evident. As mentioned above, smaller sites with three story development can still add substantial density in an environment where smaller single-story structures are prevalent. These structures can meet the community's goals for design and land uses. 2) Reduce parking ratios where possible In real estate development, parking needs can be a powerful influence on what built forms can fit on a site, and the developments modeled in this study were no different. With structured parking difficult to achieve in the short- to mid-term, the City should consider their parking requirements and solutions which will allow creative building designs and more density on the margin. The City is currently undergoing a review of the Downtown development code which does propose to reduce parking requirements for some land use types, and in some locations. This is an important step. The City might also consider other parking solutions such as a public lot in the vicinity of Main Street, shared parking between mixed uses, and creating ample street parking, so that less off-street parking becomes more manageable. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 19 3] Consider a "phased development" approach The City might consider a "phased development" approach, which is a policy tool that encourages the lower-density that is feasible now, while ensuring that sites allow for additional density in the future. The most common example would be a low-rise structure with surface parking, platted to allow a larger structure to be built on the surface parking lot once the development climate evolves to make it feasible.. Generally, this is achieved through requiring a "planned development" type design process on larger parcels. Smaller parcels are generally exempt. This is a long term approach that sees development of a district as an iterative process. The future vision is protected while not precluding current development. (Policy tools are discussed more below.) 4] Put preferred public incentives programs in place Now that the City is considering these types of development projects through inter- agency or public/private partnerships, Tigard should consider what polices and incentive programs should be in place to participate in these projects in the future. In business and in real estate development in particular, dine spent is money spent, and therefore thinking now about haw the City and/or Urban Renewal agency might participate in these projects will poise the City for action when opportunities arise. The following section includes an overview of some policy tools and incentive for encouraging development. The City is already considering some of these programs through its Downtown Tigard Implementation Plan. We recommend that the City move forward to adopt policies and formulate programs, even if the immediate application is not apparent. 5) Move forward on those public projects with identified funding This strategy simply supports moving forward on the extensive list of public improvements that Tigard currently has planned or underway. All public investment to transportation and other infrastructure adds to property values in the area, and increases the functionality and sense of investment in the district. This will increase the feasibility of larger development and catalyst projects in the future. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 20 C. Policy Tools for Achieving "Town Center" Development Types Over the long term Downtown Tigard is expected to realize development densities significantly higher than currently viable in the area. Financial viability under current market conditions is the primary obstacle to achieving more urban development forms in the next five- to ten-year time frame. While these densities may prove viable over the longer planning period, in the short- to mid-term there will likely be market intervention required to direct development activity. The following section provides an overview of policy tools and strategies to improve feasibility in Downtown Tigard. The table is organized from the least direct to the most direct incentives and regulatory measures. They range from tools which simply allow the targeted development to occur, to those which require certain development types, or provide financial incentives or direct assistance to developers. Some of these policy tools have already been adopted by Tigard, while others could be considered to facilitate the development environment. FIGURE 4.2: POLICY TOOLS AND INCENTIVES Policy Mechanism; Comments Effect on Density Cost Increased permitted density Allows densities at higher These types of approaches Small: requires change to Density bonus level than previously only work if density limits zoning code allowed are below what the market Development rights transfer determines in the highest and hest use, Mixed-Use zoning Allows flexibility to mix Weak: Mayor may not Small: requires change to uses. This policy can be increase density. zoning code either an incentive ("allow"] or a regulation ("require") Regulatory relief: permit Streamline permitting. Moderate: direct effect on Small: requires process Matte all permits available the cost of development, but reorganization of internal in one location, provide notforspecifc processes clear accessible information development types. on requirements, and allow flexibility to consider innovative development Regulatory relief: fee Wide range: reduces SDCs, Strong: direct effect on the Moderate to high: loss in reduction building fees, exactions, etc. cost of development revenue to local government Regulatory relief: design Wide ra~ge: allows Strong: increases density Small: requires change to standards narrower streets, less directly and can decrease zoning code parking, smaller setbacks, developer costs by less landscaping increasing revenue- generating space DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 21 FIGURE 4.2: POLICY TOOLS AND INCENTIVES (CONTINUED) Policy Mechanism; Comments Effect on Density Cost Land assembly Acquisition, by voluntary Strong: increases Mnderate negotiation or eminent marketability of downtown domain, of cnntiguous for development parcels to create large community developable tracts Property Tax Abatements Tax abatement for qualified increased net operating Modest; Short term loss in residential and mixed-use income or achievable sales property taxes can be offset development which meets prices, enhancing return by long term gain in value. certain community goals and allowing for higher density. Low Income Housing Tax 'l'ax credit program Can improve the viability of Low: federally funded Credits administered by 0HCS; rental housing projects Requires provision of special needs housing Phased Development Allows placement of Strong: prevents preclusion Small: additional planning, buildings to allow future of higher future densities some higher development infill but allows development to costs occur. Minimum-density zoning Requires that development Strong: Requires fundamental meet some minimum ensures minimum change to zoning code and requirement for density expectations are met comprehensive plan Uniform application But can preclude any Reduces the value of land throughout jurisdiction or development if market is when it precludes region ensures not ready for higher-density development of the development doesn't shift development property under its highest to a less restrictive zone Already done in downtown and best use Beaverton Direct subsidy for Direct grants or loans for Strong: direct intervention High: Direct participation development; public or low-interest loans for land to fill feasibility gaps, or in financing development public/private investment infrastructure, parking, etc. ensure that projects include Loans have potential for publically-desired features repayment, but are typically often requires Urban law-interest and may not reflect the real risk of an Renewal requires a Local n unusual urban Business Improvement redevelopment project District The following is an overview of the implications of the potential actions listed above on the general financial viability of projects. Allowing Dense Development The impact on viability of allowing density is relatively limited in an area in which higher densities are not currently viable. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 22 Reduce Planning and Information Costs The reduction of planning and information costs improves viability in a number of ways. Increased certainty regarding what will be approved and abbreviated approval timelines lowers the level of uncertainty associated with entitlement, which lowers holding costs and may lower the required return parameters. This can have a substantial financial impact on the development, as well as lowering the required yield to induce new development. Readily available and current information lowers predevelopment costs. More importantly, it can broaden interest in the area by lowering the "learning costs" associated with understanding the local market. Land Assembly By assisting in land assembly, the City can reduce the developer's carrying costs (i.e. cost of financing land during predevelopment phase) as well as uncertainty. Tax Abatement Measures to reduce ongoing property taxes have a significant impact on viability, Tax abatement programs are the most commonly used of these types of measures, typically with a term of ten years on qualifying projects. PDC has examples of this program type. One approach is to maintain the tax on the underlying land, but exempt some or all of the built structure for the specified time period. The savings on tax costs changes the operating pro forma and makes more costly development feasible. The trade-off is that for the abatement period, the site is not generating new tax increment other than appreciation on the land. Low Income Housing Tax Credits HUD, through the State of Oregon, provides tax credits for affordable housing projects. These credits significantly improve the Qualified Cost $90,000 viability of many rental projects, despite limits Credit Percentage 4.40% on rents that can be charged. As shown in the Credit Period/Years 10 table to the right, the present value of a 4% Total Value $36,000 tax credit can be equal to a quarter of Assumed Discount Rate 12% qualified cost. While qualifying projects Present Value (Discounted) $22,782 typically must demonstrate a significant rent Present Value/ ualified Cost 25.3% advantage relative to what is achievable in the market, the program still provides for a net boost in viability. This program has lost some effectiveness in the current economic climate as the tax credits are less attractive to investors who do not currently have gains to offset. Economic improvement may be necessary for this tool to again achieve its full effectiveness. Phased-Development Phased development, or shadow platting, is an aggressive tool to ensure that current development does not preclude future development at greater densities. It is generally applied to larger sites that have the land area to accommodate multiple phases. A common approach is to allow for future development on surface parking lots of earlier development phases. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 23 -t I Depending on how this is handled the cost to the developer can be low to high. If the phasing does not significantly disrupt what was planned for the current development, then costs will be low. If the phasing plan does change the current plan in significant ways, requiring redesign, the costs to the developer could be large. Phased development should be carefully designed and well-promoted to ensure property owners and developers understand it is in place and the types of requirements it brings with it. Direct Gra I Parking Subsidy These types of actions have a direct impact on the bottom line, delivering a large impact but at a large cost. The present value of grants is fairly straightforward to calculate, as is removing the cost of structured parking from a project. Low interest loans provide a number of benefits. First of all, they typically reduce the equity requirement for the project, with equity carrying a relatively high cost for the development. This can be through a better debt coverage ratio associated with lower- cost funds, and/or a lower equity requirement per the terms of the debt. Subordinated debt: A commonly used tool for providing subsidy is subordinated or second position debt, which is a loan to the developer which is subordinate to senior lenders. This type of debt is not typically available in the market, as it is not adequately secured by real property. Nevertheless, senior lenders often accept it as a form of equity, and therefore it doesn't reduce senior loan amounts. Subordinated debt is often provided with favorable terms and lower-than-market interest rates. It is used to reduce equity requirements for the developer, and directly impact the feasibility gap in the project. If the project is successful, the loan provides a return of principal with modest interest gains. Due to the investment and favorable terms, subordinated debt should be used on projects meeting key public goals, such as provision of affordable housing, public amenities, or a catalyst project. The administration of a direct grant or loan program often requires access to a program such as Urban Renewal or an Improvement District to provide a large-enough dedicated source of funding. DOWNTOWN TIGARD, DEVELOPMENT OPPORTUNITY STUDY 24 a C~ J Development Opportunity Study Development Opportunity Study Downtown Tigard • is development feasible? • What land uses, and building forms? A project of: • Agency partners' goals 1 FRI T Metro • Preliminary pre-development analysis • Site planning and design • Pro forma financial analysis Johnson Reid, Ll_c • Assumption of stable market SERA Architects Study Sites Development Scenario 1 Tigard Transit Center Site ` ~g+r?.srr r~ `cl rF~! tr! "Oq!i;. V~v r F;Fs~S, Trv 5i r~rHr ril NL[FI lrG-U+I'I !I tiyr,'A,1~1-~ ,kiCL t•~ ~+.N ~T C:~-,1~.i 11 !1 nil ~ Rnt] c \ .•I rr~ it i o i ii 141 SERAArchllecL^ Development Scenario 1 Development Scenario 2 Tigard Transit Center Site • Residential use • 67 Units • 60,700 s.f.=-~- r cc:r lFF', a _i-f~er l~Fr rf i T:_. 1i 11 ,I si ii,. • Podium parking u ~,r '~'fi4li.ri r;r r~, ri r 3 !i ii tD, ,Jp_^l 4 13 - SERA ArchitecW SERA Architects 1 J Development Scenario 2 • Residential/ Office Findings: Scenario 1 & 2 Uses • 35 Units • Low feasibility in near- to mid-terra t➢, 49,700 s.f. 1 r = Tuck under parking Challenges • Structured Parking • Five-story wood design • Current rent levels SERAArchltects Development Scenario 3 Development Scenario 3 Nicoli Site I Mixed uses 18,000 s.f. office [ P r f ; - ~I • 5,500 s.f. retail Surface parking u~ FC . SERA ArchiEects Sl RAAMbIlect Findings: Scenario 3 Implications of Findings • Likely development forms: next 10 years • Feasible, with below optimal return • "Low-rise" development Advantages ,p ' ` iAuliiAlf, I G_ x • Surface Parking :vw • Three-story wood design • Commercial rent levels 2 a Im lications of Findings Recommendations • Three to flour stories possible • Focus on smaller sites/projects (near term) • Surface parking Transit Center Site • Mixed uses Density • Parking solutions ii, 11 tt~xn~ tl-=~:z.~ ter- - Reduced parking ratios Public parking lot, street parking Shared parking i • Consider"phased development" Recommendations (Cont.) Policy Tools and Incentives • Move forward with public projects • Range from indirect to direct measures • Varying public and private costs • Design public incentive programs • Regulatory measures - Zoning changes (permissive/ restrictive) - Design standards - SDC, fee waivers • Property tax abatement Polio Tools and Incentives Cont. • Land assembly Development Opportunity Study Downtown Tigard • New market, and Low Income Housing tax credits • Direct public participation Johnson Reid, uC SFRAArchltacts 319SW Washington 319 SW Washington - Grants suite 1020 suite 1720 Loans Fotliand.OR 97204 Porlland.OR 97204 503295.7032 503205.71132 - Urban Renewal, improvement district 3 Agenda Item # Meeting Date 8-25-09 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Affordable Housing Fee Assistance Request, CG #3 Prepared By: Duane Roberts Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should Council award budgeted housing fee assistance funds to an applicant seeking assistance? The applicant, Community Partners for Affordable Housing, is seeking $10, 000 in City assistance. STAFF RECOMMENDATION After reviewing the completed application and listenuig to the applicant's presentation, Council should act on the request. Staff has reviewed the application and determined that the request complies with all program guidelines. KEY FACTS AND INFORMATION SUMMARY In September 2002, Council adopted the Affordable Housing Program, intended to emphasize and encourage affordable housing in the Tigard comrnurdty. The program includes a range of land use and non-land use affordable housing promotion tools and strategies. One of the non-land use tools is an annual $10,000 budget set-aside designed to reduce fees and charges unposed on affordable housing acquisition, development, and rehabilitation. A copy of the adopted guidelines that define the requirements and conditions for the award of the subsidy funds to housing providers is attached (Attachment 1). According to the guidelines, applications are accepted twice per year. One application was received during the first round of the FY 2009-10 fielding period. This one application is the attached Community Partners for Affordable Housing (CPAH) assistance request. Within its application, the non-profit housing provider asks for $10,000 to offset an additional $316,000 in fees and charges unposed on the development of the Knoll senior housing project located at the intersection of Hall and Hunziker. Last fiscal year, Council awarded CPAH $10,000 to offset an estimated $10,486 in land use planning fees associated with the approval of the 48-unit senior housing project. According to City guideline #11, the maximum amount of City funds available for an eligible housing project is $500 per qualified unit. This amount equates to 20 units. All 48 units included in the Knoll are income-restricted. As such, 28 of the 48 total units are eligible for City fee assistance. The number of units exceeds the $10,000 in fiscal year City funds available. The proposed project is located within the boundaries of the City Center Urban Renewal Area and, if completed, would be the third private development project to occur within the district since its official designation in May 2006. First and 1:\LRPLNWouncil Materials\2009\R-25-09 Affordable Housing; Fcc Subsidy Request.doc 1 second, respectively, were the construction of the Haris-McMonagle Associates headquarters building on Scoffins Street and the constnction of the storage units behind Young's Funeral Horne on Htivy 99W. The project meets City guidelines with respect to eligible activities, zoning, tenant income, time limits, Enhanced Safety Program participation, and other guidelines. All of the units will be affordable to seniors earning less than 50% of area median income. CPAH guarantees to maintain housing long-terin affordability and to enroll the project in the Tigard Police Department's Enhanced Safety Program for rental housing projects. As indicated in guideline number 8 of Attaclnnent 1, an in-person presentation to City Council is requited as part of the application process. The date set for the presentation is the August 25, 2009, Council business meeting. A CPAH representative will be available at the meeting to overview the organization's request and to answer any questions Council may have. OTHER ALTERNATIVES CONSIDERED Alward CPAH fewer or no fund dollars. CITY COUNCIL GOALS Goal #3: Implement the Downtown Urban Renewal Plan. (The proposed affordable housing project is located within the boundaries of the City Center Cuban Renewal area.) ATTACHMENT LIST Attaclunent 1: Affordable Housing Fee Assistance Guidelines. Attachment 2: Tigard Affordable Housing Fees and Charges Assistance Request. FISCAL NOTES A total of $10,000 in fee assistance is requested. The approved 2009/10 Community Events and Social Services budget includes an affordable housing fee subsidy set-aside of $10,000. The project-related charges for which CPAH is seeping relief include the Countywide Transportation Development Tax at 5125,211, and the Parrs SDC at $191,059. I:\LRPLN\Council Materials\2009\5-25-09 Affordable I Jousing Epee Subsidy Request.doc 2 ATTACHMENT 7 Affordable Housing Fee Assistance Guidelines 1. Both for- and not-for-profit entities are eligible to apply for affordable housing fee assistance funds. 2. Eligible activities include affordable housing acquisition, development, and rehabilitation. Affordable housing acquisition and development will receive greater consideration than rehabilitation. 3. High consideration will be given to projects that facilitate the dispersal of affordable housing within the City. 4. The proposed project must be consistent with City housing policies and applicable planning and zoning standards. 5. Only units targeted to households earning at or below 50% of median income are eligible for City fronds. Units targeted to households earning 60% of median income are eligible when the project includes an equal number of units serving households at or below 50% of median. 6. The organization guarantees that the housing produced or rehabilitated will maintain long- term affordability, with long-term defizied as die longer of 25 years, or, if applicable, the life of any State or Federal loan used to finance the project. 7. The organization guarantees that the project will be enrolled ui the City Enhanced Safety Program (ESP) and maintain ESP certification for the respective (a.) period of long-term affordability defined in guideline #5, or (b.) the life of the ESP program. 8. Council review and approval of each separate award will be required. This review will include an in-person presentation to Council by a representative of the organization making the request. 9. The tifne aunt on the use of the funds is two years. 10. Applications for assistance will be accepted twice per year. Applications shall be submitted on forms provided by the City of Tigard. 11. The mai'num amount available is $500 per qualified unit, up to the current Social Services and Events fund affordable housing set-aside line item balance. I:ILRPLNkCouncil Materials12009\9-25.09 Affordable ]-lousing Fee Subsidy Request.Guidelines.doe 12, Any funds not allocated during a funding year will be donated to the Community Housing Fund of Washington County under the condition that any such (City-contributed) dollars will be reserved for projects located inside Tigard. I:ILRPLN\Council Materials1200M-25-09 Affordable Housing Fee Subsidy Request,Guidelines.doc ATTACHME=NT 2 Tigrxrd Af ardab.& Housing Fee Assistan ee Program ~I City of Tigard, Oregon 13125 SW Hall Blvd Tigard, Oregon 97223 503-639-4171 . ~ r FY 2009-2010 AFFORDABLE HOUSING FEES AND CHARGES ASSISTANCE REQUEST Organization Na,,,.- Community Partners for Affordable Housing Address: 6830 SW Capitol Hwy # 151 City, State, Zip: Portland, OR 97239 Contact Name: Sheila Greenlaw Fink Telephone Number. 503-293-4038 Email address: sgfink@cpahinc.org Address/location of the project site: 8485 SW Hunziker, Tigard, OR 97223 1. Briefly describe your organization and the type(s) of affordable housing opportunities you provide or are seeking to provide. CPAH is the only community-based nonprofit housing developer which targets Southeastern Washington County as its primary service area. Formed in 1994) CPAH's mission is to promote a healthy community through the development of permanent affordable housing, sustainable economic growth, and community based partnerships. CPAH, a 501(c)(3) nonprofit, currently has 225 permanently affordable units around Southwest Portland, Tigard, Metzger and Garden Home. The Knoll at Tigard is CPAH's newest project, and will provide 47 senior housing units (all 1-bedroom in size), and one exempt manager's unit (2- bedroom in size). All units will be affordable for individuals and households earning less than 50% of area median income. The project will feature ample parking (49 spaces) and community space at the ground level, and it will accommodate a mix of rises by residents and the community. The location of this project is at a primary gateway into Tigard's town center. The design will help define the character of future downtown redevelopment as well as bring much needed pedestrian facilities to Hall Boulevard. Carleton-Hart Architecture, who has worked with CPAH on three of its five properties, has envisioned two building wings extending from a central urban plaza. 2. Describe the activity for which you are requesting fee relief. CPAH is seeking relief from general land use fees associated with development of the Knoll 3. Describe the fees and charges (including amounts per unit) that you are seeking City funds to offset.. Site Development Review $11,181 (estimated) Parking Variance $615 Lot Line modification $478 Pre-application Conference $370 Subtotal $12,644 4. Describe the status of all necessary land use, zoning, and building plan approvals. CPAH executed a Purchase and Sale Agreement with the property owner on 1018/08. This .99 acre site consists of three separate tax lots currently occupied by three single family homes. In February, CPAH received City Council approval for a zoning change from R 4.5 to MUR1 to allow the intended development. Closing on the site will occur by August 1, 2009. We expect to submit an application for building permits in February 2010. Construction is expected to begin in April of 2010. 5. Indicate whether the project will require the relocation of any household or business. The project will require the relocation of two households. All three single family homes on the site are under the same ownership, one is owner occupied, and the othertwo are rentals. Both rental households will be subject to the Uniform Relocation Assistance Act (URA) and will have access to financial and technical resources to assist with their moves. The sale is voluntary which means the current owner will not be eligible for relocation benefits. Residents of the rental homes have been given notice that they will be eligible for assistance, and CPAH will work closely with each household to ensure the process is executed with minimal impact to the tenants. 6. Request (express in whole dollar amounts only): [Note: the City budget amount available for all projects combined during FY 08-09 is $10,0001 Dollar amount per unit $208.33 Number of units 48 Total request $10,000 7. Briefly describe how your project addresses each of the guidelines adopted by the Tigard City Council for considering fee assistance requests. Omit guidelines 8 & 9. [Use and insert additional pages if needed] (see pages at the end of the application) 8. Describe when you anticipate being able to use the requested funds. We expect to use the requested funds by the end of the first quarter of 2010. 9. Certification I hereby certify, by signature below, that the information contained in this application is true and correct to the best of my knowledge. Date: 12-09 Signature: Typed Name and Title Sh c i S a 6 v-P-eu.(a.w - FL4~. k CJ AIA e c.cx fiv 'V-C Note: Submit one original of the completed application. The application deadline is 4:00 pm, Friday, June 19, 2009, at Tigard City Hall. Applications are accepted twice per year. Assuming funds are available, the second round due date for applications for FY 09-10 is December 18, 2009. Applications transmitted by fax or email will not be accepted. Mail or deliver to: City of Tigard Attn: Duane Roberts 13125 SW Hall Blvd. Tigard, OR 97223 Should you have any questions about how to complete the application form, contact Duane Roberts; 503-718-2444; duane@tigard-or.gov. Affordable Housing Fee Assistance Guidelines 1. Both for- and not-for-profit entities are eligible to apply for affordable housing fee assistance funds. CPAH is a 501(c)3 non profit organization whose mission is to promote a healthy community through the development of permanent affordable housing, sustainable economic growth, and community based partnerships. 2. Eligible activities include affordable housing acquisition, development, and rehabilitation. Affordable housing acquisition and development will receive greater consideration than rehabilitation. This project will include the development of 48 new units affordable to seniors earning less than 50% of area median income. 3. Nigh consideration will be given to projects that facilitate the dispersal of affordable housing within the city. The Tigard-Tualatin area has just one seniors-only affordable housing project (Woodspring Apartments-which has 2-bedrooms that rent for $800-850). Tigard-Tualatin has among the highest median rents in the County, which are seldom below $700. Despite only one affordable senior project, Tigard's 2003 Almanac indicates over 7,000 seniors currently live within city limits (about 16% of the total population). There is a tremendous need for new, affordable units for seniors in this part of Tigard. The site is extremely well located for senior housing, with incredibly close proximity to a senior center, library, shopping, transit and services. It is within one mile of virtually all essential services, including groceries, pharmacies, a senior center, and six bus lines. In more affluent communities like Tigard and Tualatin, many existing rentals have been converted to condominiums. Several mobile home parks catering to seniors have been sold and lost to the local inventory, displacing long-term residents, and several others are at-risk or planned for conversion (including a small park in downtown Tigard). The majority of existing rental projects are poorly designed to'meet the needs of seniors, lacking appropriate accessibility features and community space or services which will allow the seniors to age-in- place and live independently. Many are also in very poor condition and few are affordable to the seniors the Knoll will serve. 4. The proposed project must be consistent with City housing policies and applicable planning and zoning standards. The Knoll at Tigard will meet several of the housing policies in the City of Tigard Comprehensive Plan, including the following: A. he Ci shall mvide for high and medium density housing in the areas such as town centers (Downtown). Regional Centers (Washington Square.) and along transit corridors where em la ent opportunities, commercial services transr and other public services nee ssa to su ort higher o ulat ions densities are either resent or fanned for in the future. The Knoll at Tigard will meet this policy objective by creating a project that provides 48 units of housing on a site that is currently occupied by only three residences. The project will serve as a catalyst and a gateway for future, urban-type development in downtown area. B. The Cry shall support housing affordabift s- eeial needs housing, ownersl l? 0 ortunities and housi rehabilitation through roo rn administered b the state Washington CounM nonprofit agencies and Metro. In addition to a $1.5 million commitment from Washington County, the Knoll was recently awarded over $8 million of federal low income housing tax credits (LIHTC) that will be used to generate $6.1 million of direct equity for the project:. The Knoll at Tigard will also be consistent with the Downtown Ti a Con rehe s've Plan Amendment (April 24,200 . xThis plan seeks to create a "heart" for the community, which serves those who live/work/play in downtown Tigard, as well as a variety of community gathering spaces. The Plan notes that two major transportation corridors (99W and Hall) have inadequate sidewalks and linkages; and includes a desire to develop and improve open space, integrate natural features, park blocks, plazas and mini-parks, and ,green connections" linking parks and greenways with adjacent land uses, public spaces and transit, develop and implement strategies to deal with homeless downtown, and emphasize sustainable practices in street design and buildings. The Knoll @ Tigard addresses all of these goals/objectives. Finally, the project will meet policy objectives of the Tigard Downtown Improvement Plan (September 27= 2005: This plan seeks to provide a blueprint for evolution of downtown into a vital, vibrant, mixed use pedestrian friendly environment over next 20.30 years, and to identify catalyst projects needed to jump start other development. The plan also seeks to provide for an active, mixed-use "urban village," to promote green and open space, streetscape enhancement and green streets, defining Hall Boulevard as gateway, and a mix of density and income- targeting for housing. The Knoll (a Tigard directly addresses these goals/ objectives, and although specific design standards have not been established for the Downtown Improvement Plan, CPAH will work closely with the City to meet its goals and objectives in this area. 5. Only units targeted to households earning at or below 50% of median income are eligible for City funds. Units targeted to households earning 60% of median income are eligible when the project includes an equal number of units serving households at or below 50% of median. The entire project will target seniors earning less than 50% of area median income with at least 2 units serving individuals or households that earn 30% or less. 6. The organization guarantees that the housing produced or rehabilitated will maintain long-term affordability, with long-terra defined as the longer of 25 years, or, if applicable, the life of any State or Federal loan used to finance the project. CPAH seeks to develop units that are permanently affordable. Since the project will be funded using low income housing tax credits, the extended use restrictions recorded against the property will run for 60 years. 7. The organization guarantees that the project will be enrolled in the City Enhanced Safety Program (ESP) and maintain ESP certification for the respective (a.) period of long-term affordability defined in guideline # 5, or (b) the life of the ESP program. CPAH will continue to participate in the ESP. Greenburg Oaks is enrolled and we intend to enroll the Village @ Washington Square, as well as the proposed project, the Knoll Q Tigard. 8. Council review and approval of each separate award will be required This review will include an in- person presentation to Council by a. representative of the organization making the request. CPAH will be available for this presentation 9. The time limit on the use of the funds is two years. All funds will be used within the two year period. 10. Applications for assistance will be accepted twice per year. Applications shall be submitted on forms provided bythe City of Tigard 11. The maximum amount available is $500 per qualified unit, up to the current Social Services and Events Fund affordable housing set aside line item balance. 12. Any funds not allocated during a funding year will be donated to the Community Housing Fund of Washington County under the condition that any such (Cit,,contributed) dollars will be reserved for projects located inside Tigard. Agenda Item No. Meeting of COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Review of 2009 Oregon Legislative Session and analysis of adopted legislation supporting City Council's 12601ities. Prepared By: Kent Wyatt Dept I lead Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL To what extent does adopted legislation address the City Council's four legislative priorities? STAFF RECOMMENDATION Review pertinent legislation and discuss potential itnpact on city services. KEY FACTS AND INFORMATION SUMMARY The City Council developed four legislative priorities for the 2009 Oregon Legislative Session. Several bills plot-nulgated during the session address Council priorities and other city functions. In particular, H B 2001 Transportation Act and Senate Bill 30 Edhics Reform require the irrunediate attention of City staff and elected officials. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS City Council's legislative priorities are discussed. ATTACHMENT LIST Attachment A: 2009 Legislative Session: City Council Priorities and Other Legislative Interests FISCAL NOTES A , City of Tigard 2009 Legislative Session: City Council Priorities and Other Legislative Interests ■ ■ August 11, 2009 Attachment A ~E Tigard Was Active in Legislative Affairs The Tigard City Council identified four priorities for the 2009 Oregon State Legislature Session: • Affordable Housing /Document Recording Fee: Continue to actively support the fee & its passage. • Transportation Funding: Advocate for increased funding for transportation including the state gas tax that is indexed to increases in population growth, cost of construction and inflation. Actively sup- port funding for light rail in the 99W corridor. Support a review of the allocation of state and federal transportation funds that is equitable and benefits the users of the system. • Land Use /Urbanization: Advocate for legislative action on annexation issues that "does no harm." Actively support studying and then drafting legislation regarding funding for infrastructure and govern- ance of urban unincorporated areas. Support continued funding for the "Big Look" project at the cur- rent level. • Preemption of Local Revenue Sources: Protect all current city revenue sources against reduction or preemption. Actively support the League of Oregon Cities proposal for an alternative revenue system for telecommunications providers. City staff was active in tracking bills addressing City Council priorities and other bills with die potential to impact city services. Staff tracked legislation daily using the League of Oregon City (LOC) bill tracking feature which pro- vides bill summaries and legislative committee reports. (Bills mentioned throughout this legislative summary are hyperlinked to the LOC bill summaries.) Relevant legislation was discussed internally in Executive Staff meetings and externally with other cities such as Hillsboro and Tualatin and interest groups (Metropolitan Area Conununi- cations Commission and Special Districts Association). Ultimately, staff relied on input from elected officials and City staff in deciding whether Tigard would take a position on a bill. On several oc- Legis{ative Workload casions, Sen. Burdick and Rep. Galizio sought Tigard's position on a bill before a floor vote. 2,781 measures introduced Mayor Dirksen, Craig Prosser, and Liz Newton made monthly trips to Salem to meet 1,118 passed by House i with Rep. Galizio and Sen. Burdick and on occasion legislators such as Rep. Nolan 1,030 passed by Senate 1(Portland). At each meeting, Tigard officials presented legislators with the City's po- sition on bills impacting local governments. The meetings also served as a chance to 630 signed by Governor discuss funding for a Highway 99 alternatives analysis and maintaining Tigard's local option gas tax. In return, Rep. Galizio and Sen. Burdick attended multiple City Council meetings during the legislative session. and hosted a community forum in City Hall. Finally, Mayor Dirksen was active in articulating the City's position on bills with the potential to negatively impact Tigard. His communication include writing several letters of opposition focusing on a broad range of topics from franchise fees to collective bargaining. In addition, Mayor Dirksen and Councilor Buehner testified before the Sen- ate Committee on Finance and Revenue on reforming Oregon's property tax limitation laws. 2 Review of 2009 Legislative Session Attachment A Transportation Act Increases Erg Local Government Funding HB 2001 is the first significant increase in State Highnvay Fund revenues since 1993. The plan calls for' a the six cent increase to go into effect when the economy shows improvement for two straight quarters or January 1, 2011, whichever is earlier. Increases in vehicle registration and title fees, along with an increase in the weight-smile tax paid by truckers, are also included. "This is not a package that benefits any one part of the state. All of us will share in the benefits this transportation bill brings - from jobs that will put i .a Oregonians back to work to road and rail improvements that will help our U" economy recover," said Sen. Bruce Starr. r F.. Ali ~u .c 4. - I When fully implemented, it will increase funding for city road and street budg- ets by nearly 50 percent annually. The bill also bonds more than $960 million - in Oregon Transportation Cotntmission-approved projects from the Oregon Transportation Department's (ODOT) share of new revenues in all five re- gions of the state. Counties will receive 30 percent of the estimated Distribution of $300 Million in Transportation Package Revenue $300 million raised annu- $3 ❑Travel Information Council ally; cities will receive 20 - - ; - - percent and the state uses a $54 J $24 [3 portion of its 50 percent ' EqeKiUle E ands for nlulti- 1- I Mod.d share to bond almost $1 f billion worth of improve- $82 ❑StatrHighway Program ments. In addition, the bill 1 calls for a portion of the funds to be used to better oCounties maintain existing roads and improve safety features. ® cities Cities will realize a funding increase over time. ODOT reports the following cash flow of gas taxes: 20% (2010), 69% (2011), 9$% (2012), and 100% (2013). Early projec- tions show Tigard can expect to receive an additional $975,000 per year from the transportation package. HB 2001 also contains $100 million for Connect Oregon III, a multi-modal transportation plan that will fund rail, air, marine, transit and other forms of non-automobile transportation. City of Tigard, Oregon 3 Attachment A n Other Transportation Bills Impacting Tigard SB 5535 Lottery Bonds Issues b Oregon Economic and Communi Development Department. In- creases amount of lottery bonds authorized to be issued by Economic and Community Development Department. Impacted Departments: Community Development & Public Works Effective Date: July 1, 2001 Key Points of Legislation: • Authorizes the issuance of lottery revenue bonds for a number of identified projects. • Provide the following proceeds: $22.4 million for capital construction and deferred maintenance pro- jects in the. Department of Higher Education; $13.7 million for community college capital construction and deferred maintenance projects; $17.5 million for new capital for the Economic and Community Development Department's Infrastructure Loan funds; $15 million for purchasing forestland parcels in the Gilchrist area; $5 million for the Department of Energy's Loan Offset Grant Fund; $3.5 million for the Water Resources Department for water development projects and development of an integrated water resources strategy; and $46.7 million for pass-through payments supporting various projects at the local level. Staff Action: Public Works will pursue the $10 million available for local governments. HB 2408: Washin on Coun Commuter Rail: Creates Task Force on Extending Washington County Com- muter Rail to Salem. Impacted Departments: City Administration & Community Development Effective Date: Upon passage Key Points of Legislation: • Begins the planning process for possible extension of WES commuter rail to Salem. • Directs the Oregon Department of Transportation (ODOT) to report, by October 1, 2010, on the capac- ity, availability, and efficiency of rail transportation in Oregon, including the possible extension of com- muter rail service to Salem. Staff Action: Monitor task force and provide comments on Tigard's experience with WES and its potential for extending. r, _ 3k. 11- 1 4 Review of 2009 Legislative Session Attachment A Ethics Bill Answers Concerns w r About Previous Legislation SB 30 Removes Family from Statement of Economic Interest addresses many of the concerns raised by city offi- cials after the passage of ethics legislation during the 2007 session. That legislation resulted in mass resignations by city officials statewide last April. The new ethics bill retroactively eliminates the requirement that city leaders list the names of relatives on publicly accessible ethics forms. Names that were previously listed on forms now will never be released as a result of this legislation. In addition, city leaders will be able to attend events while repre- senting their city government without fear of violating ethics law, and will have protection from serious sanctions for good faith reliance on advice from the Oregon Government Ethics Commission. All of SB 30 takes effect on January 1, 2010, except a small piece which prohibits the Ethics Commission from disclosing the names of relatives or members of households of public officials that were contained on Statements of Economic Interest (SEIs) on or after January 1, 2008. Senate Bill 1 m • Changes the definition of "public official" to Allows public officials to rely on advice contained strike confusing language from the statute in the OGEC public ethics manual without fear of sanction • Applies the term "legislative or administrative in- • Lit-nits the sanctions that may be imposed on a pub- terest" only to decision makers acting in their offi- lic official who relics on faulty advice from the cial capacity OGEC staff in a letter of education or explanation • Removes the requirement to list the names of • Makes entertainment subject to the $50 annual gift relatives and household members on statements limit, replacing the outright ban on gifts of enter- of economic interest tainment • Requites the Oregon Government Ethics Com- • Allows public officials to accept an invitation to an mission (OGEC) to redact the names of relatives event where they are representing the public body from any public records request for forms previ- they serve (existing statutes allow public officials to ously submitted attend an event when they are scheduled to speak on a formal program) • Replaces the requirement to file quarterly expense • Allows the acceptance of a gift that was given as reports with one annual report result of business or volunteer activities not related to the office held by a public official Streamlines the income reporting requirements on • Establishes a code of ethics that will serve as a pre- statements of economic interest amble to the government ethics statutes • Delays the implementation of an electronic re- porting system until 2013 City of Tigard, Oregon Attachment A ~ r "Big Look" Bill Makes Land Use Revisions HB 2229 "Big Look" Committee Recarncnendations incorporates many a recommendations of a task force, which lawmakers created four years ago take a "big look" at the system created in 1973. The 1973 late protects N'-7_ most rural lands for farming and forestry, based on state standards linked to soil productivity. But it has generated a continuity debate between plan- Wing and property-rights advocates. Essentially, the bill makes one fairly significant change to Oregon law, y along with a number of minor changes. The significant change relates to farm and forest zoning in Oregon. Under the bill, a county can (but is not required to) re-map their existing farm and forest zones based on the current goals related to farm and forest zoning. This is significant, given that map- ping and soils technology has greatly improved since the time when counties were required by LCDC to first map their lands for farm and forest purposes. Counties under the bill may propose their own standards, subject to state approval, for deciding which rural lands are suitable for fanning and forestry - and they are encouraged to do regional planning. Their decisions still are subject to review by the state Land Conservation and Development Commission, and the Oregon Court of Ap- peals, which hears appeals of decisions by state agencies. But the legal basis for appeals is narrowed. The bill con- tains principles to guide the system: Provide a healthy environment, sustain a prosperous economy, ensure a desir- able quality of life, and equitably allocate the benefits and burdens of land-use planning. But HB 2229 is even more significant in that it allows counties to consider existing growth patterns in detennining what is faun and forest land and what is not. In other words, a county can factor the changes in development in an area that have occurred over the last 30 years in determining whether an area is still farm or forest land or should be zoned for some other type of rural use. The bill contains some limitations on development that would be allowed in rezoned parcels, but does not remove any of the existing options which a property owner or county have to rezone property. In addition, HB 2229 en- courages LCDC to consider the regional differences in areas across Oregon when adopting goals and administra- tive rules. The bill also makes changes to the regional problem solving statutes that a few jurisdictions have used ,vith very limited success. 6 Review of 2009 Legislative Session Attachment A Fri Other Land Use Legislation Impacting Tigard HB 3056 Urban Renewal Negotiated Bill. Requires 50 percent of increment to he added to total assessed value of property within urban renewal area whenever increment equals total assessed value. Impacted Departments: Community Development & Finance Effective Date: Upon approval Key Points of Legislation: • Changes how urban renewal operates in Oregon, but only in new or significantly amended districts. • Establishes revenue sharing between urban renewal districts and overlapping districts if and when certain criteria are met. • Provides for limits on plan amendments, but these limits, along with the maximum indebtedness caps, may be overridden with concurrence of 75 percent of the overlapping district (the 75 percent concurrence level is based on the taxing percentage rate within the district and is not a "one district equals one vote" sce- nario). • Requires concurrence of overlapping taxing districts for substantial plan amendments that increase the maximum indebtedness by more than 20 percent of the plan's initial maximum indebtedness. Establishes a mechanism for an urban renewal agency to limit collection of taxes either for a single fiscal year or in the future. • Allows an urban renewal agency to notify the assessor to collect maximum division of taxes for newly ap- proved urban renewal plans and substantially amended plans. Excludes any gap bond levy for Portland school district from the consolidated billing rate in calculating division of tax. Staff Action: Finance and Community Development will snake note of changes. SB 269 Util 1y Relocation. Prescribes manner in which public body may require utility to relocate facilities lo- cated in public right-of-way. Impacted Departments: Community Development, Finance, Public Works Effective Date: Upon approval Key Points of Legislation- • Does not threaten city authority or require cities to pay the costs of utility relocation.. • Requires a public body must coordinate with utilities when planning highway projects for the purpose of miniinizing costs, limiting disruption of utility services related to highway projects, and reducing the poten- tial need for relocating utility facilities. • Allows certain types of utilities to request dhe authorization to recover relocation costs from customers, and outlines items for the Public Utilities Commission to consider in determining the level of authorized cost recovery. • Items include verification of relocation costs; determination of the allocation of costs between interstate and intrastate services and geographic areas, customers, and services; the overall impact on the utility; and other relevant factors identified by the com nission. Staff Action: Staff will be prepared to spend more time working through relocations with utilities. City of Tigard, Oregon 7 Attachment A n Other Land Use Bills Impacting Tigard HB 2230• State Coordination Agreements /Local Government Comp Plans: Excludes from definition of "land use decision" local government decision that state agency permit is consistent with statewide land use plan- ning goals and compatible with acknowledged comprehensive plan when local government decision is based on prior local approval of permit for substantially same action. Impacted Departments: Community Development Effective Date: Upon passage Key Points of Legislation: • The "state coordination" bill, amendments to more clearly define when a proposed state agency action is compatible with an acknowledged comprehensive plan. • Directs DLCD to update and improve coordination of land use decision-making between state and local governments. • Amends the statutory definition of "land use decision" by excluding state agency permits and compatibility statements issued by local governments for the same use as the initial decision. Staff Action: Community Development will work closely with the State to develop consistent land use policy. SB 192 Historic Pro er Partial Tax Exemption: Creates historic property partial tax exemption. Impacted Departments: Community Development & Finance Effective Date: 91 st day following Sine Die. W Key Points of Legislation: • Maintains local and state benefits of the historic property program wlvle streamlining it and increasing the accountability of participants. • Set for 10 years rather than 15, with a second 10-year term available should the State Historic Preservation Office determine it is warranted. • Requires participants must spend no less than 10 percent of the property's real market value within the first five years on preservation, and file a report at the end of the first five years demonstrating they have met all the requirements of the program. • Treats residential and commercial properties similarly within the program requirements. • Requires property owners applying for historic property partial tax exemptions to submit and implement a preservation plan for participating property. Establishes die initial 10-year period of partial tax exemption, an application fee, certification procedures, and reporting requirements. • Perinits applications for a participation in the historic property partial tax exemption until July 1, 2020, ex- tending the current sunset on June 30, 2010. Staff Action: Tigard has limited inventory of historic properties-, staff will monitor impact on other cities. 8 Review of 2009 Le},°islative Session Attachment A ~ r Other Land Use Bills Impacting Tigard SS 794 Condemnation Attorney Fee Provision. Provides that defendant in condemnation action may not re- cover attorney fees from condemner unless amount of just compensation assessed by verdict exceeds highest writ- ten settlement offer submitted by condemner before filing of action. Impacted Departments: City Administration & Community Development Effective Date: January 1, 2010 Key Points of Legislation: • Reinstates the pre-Measure 39 language for attorney fees by changing the trigger from the "initial" written offer to the "highest" written offer prior to the filing of a lawsuit. • Contains a provision dint permits a city to snake an offer of compromise up to 10 days before trial in an attempt to settle the case. If accepted, the offer of compromise additionally allows a property owner to re- cover fees and costs up to the time of the offer. • Addresses eminent domain, but changing the attorney fee trigger resulted in erasing incentives for property owners to negotiate with a city during condemnation proceedings. • Changes the attorney fee trigger in condemnation cases from the government's "initial" written offer to the "highest" written offer, and permits a city to snake an offer of compromise up to 10 days before trial, in an attempt to settle the case. • Reinstates a better balance for local governments, while protecting the interests of property owners through a collective effort by the League, the city of Portland, and Oregonians in Action. • ' Reinstates the provision that attorney fees can be awarded to a defendant if the amount of just compensa- tion assessed by a condemnation verdict exceeds the highest written offer in the settlement submitted by the condemner before the filing of the action. • Authorizes a new provision for an offer of compromise between condemners and defendants, after a con- demnation action is filed. Attorney fee provisions were changed in a manner unfavorable to cities when Measure 39 was approved by Oregon voters in 2006. • Reinstates a better balance for triggering attorney fee provisions, while still protecting the interests of prop- erty owners through the negotiation process. Staff Action: City Attorney will brief Executive Staff on changes. City of Tigard, Oregan 9 Attachment A Building Code Enforcement Focus of Two Bills HB 3462 Building Code Inspection Certification. Allows state Building Code Division to establish temporary programs to train and certify specialized building inspectors to enforce portions of (rather than entire) specialty codes. Impacted Departments: Community Development/Building Effective Date: Upon passage Key Points of Legislation: • Provides the opportunity for the State Building Codes Division to offer additional training to building in- spectors. 41 Enable inspectors to undertake limited electrical and plumbing inspections. • Expedite building inspections in rural areas where residential inspectors are currently precluded from per- forming limited electrical and plumbing inspections. • Creates a pilot program to add flexibility to the training and certification process for building inspectors, will next be considered by the full Senate. • Authorizes die Oregon Building Codes Division to train and certify building officials and inspectors to en- force commonly encountered portions of codes. Staff Action: Building Official will monitor for opportunities available to Tigard staff. SB 915 Restricts Municipal Enforcement of Building Code. Prohibits municipality that enforces state building code provision or building requirement by means of municipal ordinance from assessing criminal penalty for ordi- nance violation if violation of corresponding state building code provision or building requirement is subject to civil penalty. Prohibits municipality from imposing civil penalty for ordinance violation that exceeds maximum civil penalty for violation of corresponding of state building code provision or building requirement. Impacted Departments: Community Development/Building Effective Date: Upon passage Key Points of Legislation: • Sets notice and administrative process standards for administration of die state building code by local gov- ernments. 41 Requires that the assessment of a monetary penalty by a municipality for a building code violation be a civil penalty and not exceed the maximum statutory amounts for penalties assessed by the State Building Code Division. • Requires that a citation for a proposed penalty include notice of die alleged violation, the proposed penalty amount, and the process and deadline for challenging the fine. • Requires that a municipality offer an administrative process for a civil penalty assessment to be challenged. • States that die cost of providing such notice and administrative process may be covered by fees that sup- port building inspection program administration and enforcement. Staff Action: Building Official will review current policy to male sure it complies with legislation. 10 Review of 2009 Legislative Session Attachment A HB 2436 Addresses Council Priority for Affordable Housing HB 2436: Document Recording Fee: Establishes document recording fee for affordable housing related pro- grams administered through General Housing Account - a new revolving loan fund. Modifies definitions of low income and very low income, adds minority definitions to housing statutes Impacted Departments: City Administration Effective Date: 91st day following Sine Die Key Points of Legislation: • Adds a new $15 fee to the existing fees pertaining to deeds and mortgage records filed with county clerks, with some exclusion for mining claims, warrants issued by the employment department, liens and judg- ment records, and warrants issued by the Department of Revenue. • Creates a new statutory account within the Housing and Corrnnunity Services Department. The $15 fee imposed by this measure would be collected by counties and deposited into specified accounts within the Housing and Community Services Department for affordable housing-related programs. • Funds would be deposited into accounts at Housing and Community Services in the following amounts: 76% to the General Housing Account, 10% to the Emergency Housing Account, and 14% to the Home- ownership Assistance Account. • Provides local agencies the ability to connect vulnerable Oregonians with the services they need, including: • Emergency shelter and associated services; Programs designed to lead people from homelessness to housing and economic stability; • Supportive services that enable people to continue to live in their own homes; and Individual case management that addresses the need for financial counseling, mortgage or land- lord negotiation, or introduction of other critical health and behavioral services. Staff Action: The legislation will have little impact on City staff. The fee will be collected by county clerks and dis- tributed to affordable housing-related programs. City of Tigard, Oregon 11 Attachment A Finance Department Impacted by w r . , New Legislation HB 2014 Construction Excise Tax. Provides for collection of construction taxes by state agencies and state offi- cials. Impacted Departments: Finance Effective Date: 91 st day following adjournment sine die. Key Points of Legislation: • Allows local governments to retain at least four percent from the collection of school construction excise taxes (CET), an increase over the previous one percent. • Strengthens current language requiring local jurisdictions to collect the tax on behalf of schools, and allow- ing the use of intergovernmental agreements to provide greater flexibility in recovering implementation and collection costs to mitigate the fiscal impact on cities for CET collection on behalf of the schools. • Authorizes school districts to impose CETs on new construction and provided that one percent of the proceeds be retained by the collecting entity to cover administrative costs. • Changes weak language in the original bill that did not require building permitting entities to collect the CET on behalf of school districts. • Maintains IGAs to provide flexibility in dealing with variable local jurisdictional and system implementa- tion costs so that cities bear little or no financial burden for CET collection on behalf of the schools. Staff Action: Finance will ensure the standard is met in future dealings. SB 916 Local Budget _Law. Allows local governments to publish annual budget summaries by program instead of by fund or organizational unit. Impacted Departments: Finance Effective Date: Upon passage. Key Points of Legislation: • Allows local fee changes to occur every six months, rather than only once a year, in order to provide greater flexibility to be responsive to changing economic conditions. • Saves taxpayer dollars by increasing the time period for repayment of interfund loans from five to ten years. For example, Linn County estimates that it will save over $300,000. • Allow changes to fees to occur every six months rather than only once a year in order to respond to chang- ing conditions. • Increase flexibility to transfer appropriation authority among hinds. • Remove the prohibition to transfer appropriations from any special revenue fund to the general fund or other special revenue fend. • Apply the "reasonable person standard" to estimating revenues and expenditures • during the budget preparation. DiSfinguished Budget Staff Action: Finance will examine legislation for ways to use during budget process. ;iii r•_f• l Award 12 Review of 2009 1.c&ladve Session Attachment A Finance Department Impacted by up New Legislation I 1, HB 2867 Public Contracting Standards. Requires contracting agency to establish measurable standards to assess quality of contractor's performance under public contract and specify consequences for failing to meet standards. Impacted Departments: Finance/ Purchasing Effective Date: Upon passage Key Points of Legislation: • Requires a contracting agency to determine the cost of providing a service with existing employees com- pared with the cost of contracting out that service by estimating what costs would be incurred by a con- tractor. • Prohibit an agency from contracting out a service if the only reason the service would be cheaper was due to lower wages and benefits paid by the contractor. • Proscribe performance standards and penalties for non-performance of a contracted service. • Require public agencies to demonstrate that the cost of contracting a service or project would be less ex- pensive than undertaking the project using in-house employees. • Require that contracting agencies establish performance standards and allow them to perform audits of contract performance. • Represents implementation of "best practices" in public contracting. Staff Action: Purchasing will need to review to procedures for managing contracts over $250,000. City of Tigard, Oregon 13 Attachment A MP Finance Department Impacted by New Legislation HB 3199 Liquor Surcharge: Takes new revenue from a 50 cent surcharge on distilled spirits and places-it directly in the General Fund Impacted Departments: Finance Effective Date: Upon passage Key Points of Legislation: • Surcharge was instituted early this year by the Oregon Liquor Control Commission in an effort to combat budget shortfalls at the agency for the 2007-2009 biennial budget rebalance. • Bypasses the state shared revenue formula • Denies cities an estimated $4 million in funding • Change sunsets at the end of the 2009-2011 biennium. Staff Action: Finance will consider any loss revenue during the budget process. Notable Finance Bills Defeated by Legislature HB 2042 Rights of Way on County Roads. Providesshat person's right and privilege to con- struct, maintain and operate water, gas, electric or communications lines, fixtures or facilities free of charge along public roads does not extend to public roads under Jurisdiction of county. HB 2405 Voice Over Protocol Recognition. Prohibits department, agency, commission or political subdivision of state from regulating Voice over Internet Protocol service and Internet Protocol-enabled service. HB 2616 Removes Tobacco Preemption. Removes prohibition against local government imposition of taxes on cigarettes and tobacco products HB 2865 SDC Collection Limitations. Allows collection of system development charges by local government only at time of issuance of building permit or certificate of occupancy. HB 3407 Removes Preemption on Alcohol Taxes. Removes prohibition against local government enactment of taxes on alcoholic beverages. SB 396 Removes Preemption on Real Estate Tax Transfer. Removes prohibition against local government enactment of taxes on real estate transfers. 14 Review of 2009 Legislative Session Attachment A Legislature Covered Broad Range of Fri Human Resource Issues Im HB 2995. Limits access to certain public records of State Accident Insurance Fund Corporation. Impacted Departments: City Administration/Human Resources Effective Date: April 1, 2009 Key Points of Legislation: • Provides the public with the ability to access certain records of SAIF via reconnecting to the state's Public Records Law while establishing protections for some types of sensitive information. • Clarifies that sensitive business records or financial or commercial information not customarily provided to business competitors are conditionally exempt from disclosure. • Exemption does not apply to formulas for determining dividends paid to employers insured by SAIF; con- tracts for advertising, public relations, or lobbying services or documents related to fortnulating such con- tracts; or group insurance contracts or documents relating to the formulation of such contractions (except for employer account records). • Stipulates that SAIF's employer account records are also exempt from disclosure (records maintained in any form specifically related to the account of any employer insured, previously insured, or under consid- eration to be insured by SAIF), as well as any information obtained or developed by the corporation in connection with such activities with a specific employer (i.e. payroll records, premium payment history, and employee names and identification information). • Maintains the existing confidentiality of injured worker claim files. . Staff Action: Human Resources will provide necessary access based on new standard. HB 3162 Whistleblower Protection. Make discrimination against employee who reports violation of state or fed- eral laws, rules or regulations unlawful employment practice. Impacted Departments: City Administration/Human Resources Effective Date: Upon approval Key Points of Legislation: • Establishes new provisions that prohibit employers from discriminating or retaliating against any employee, in the public or private sector, if the employee has in good faith reported anything the employee believes is evidence of a violation of a state or federal law, rule, or regulation. • Remedies for unlawful discrimination include filing a complaint with BOLI or filing a civil action with ei- ther a circuit court or federal district court; however, filing a civil action terminates the right to file a com- plaint with BOLI. • States a civil action must be commenced within one year after die occurrence of the unlawful employment practice, unless a complaint was timely filed widi BOLI. In that circumstance, the civil action roust be filed within 90 days after BOLI mails a 90-day notice to the complainant. Staff Action: Human Resources will make staff aware of changes and monitor for violations. City of Tigard, Oregon 15 Attachment A Legislature Covered Wide Range of " r Human Resource Issues SB 519 Prohibits employer from taking adverse employment action against employee who declines to attend meet- ing or participate in communication concerning employer's opinion about religious or political matters. Impacted Departments: City Administration/Human Resources Effective Date: Upon passage Key Points of Legislation: • Requires the issue to be submitted to the people at the next regular general election. • Establishes the state's public policy regarding free speech of employers and prohibits the state from inter- fering in communications between employers and employees, particularly in political, religious, and labor organization matters. Staff Action: Human Resource xvill monitor actions that might violate the approved legislation. Notable Human Resources Bills Defeated by Legislature HB 2545 Tem ora Employees in Appropriate Bargaining Unit. Includes temporary em- ployees in definition of "appropriate bargaining unit" for purposes of collective bargaining be- tween public employers and public employees. HB 2546 Prohibits Permanent Strike Replacements Prohibits public employer from hiring permanent replacements for public employees engaged in lawful strike. HB 2831 Includes Temporary Employees in Bargaining Units Includes temporary employees in definition of "appropriate bargaining unit" for purposes of collective bargaining between public employers and public employ- ees. HB 3500 Summer Jobs Program. Diverts percentage of payroll taxes payable under current law to Oregon Emergency Jobs Program. SB 426 Employer Restrictions for Medical Marijuana. Expands ability of employer to prohibit use of medical marijuana in workplace. 16 Review of 2009 Legislative Session Attachment A n Other City Functions Impacted by Legislation = SB 311 Oregon Tort Claims Act Changes: Increases amounts recoverable in tort actions against public,bodies. Impacted Departments: City Administration/Risk Management Effective Date: July 1, 2009 Key Points of Legislation: • Develops a two-tiered system that sets higher limits for state agencies and OHSU and lower caps for cities, counties, school boards and special districts. • Sets new damages limit for the state ranges from $1.5 million to $3 million and increases to $2 million to $4 million after five years. The limits would apply to injuries arising after the Supreme Court ruling. Staff Action: Consult with Beecher Carlson, CIS and other municipalities on early impact of legislation. Tort ,,ilnate MR 311 Increase Old Limits New Limits • $100K per claim • $500K per claim • $500K per occurrence up to additional $100K for special • $1 million per occurrence damages exceeding $100K . Increase per claim by $33K per year; increase per occurrence,by $66K per year beginning FY 2010 for • No provision for increasing tort cap limits five years until limits reach $666K and $1.3 million respectively • Limits in effect since 1987 • Implement new limits on 7/1/09, applicable to inju- ries occurring on or after 7/1/09 • Legislative review of the caps will take place in 2015. HB 2080 Gray Water Reuse. Defines gray water; directs Department of Environmental Quality to regulate reuse and disposal of gray water. Allows gray water reuse or disposal system even if community or area-wide sewage sys- tem is available. Impacted Departments: Public Works Effective Date: Upon passage Key Points of Legislation: • Allows die reuse of residential gray water from sources such as bathtubs, sinks, and laundry machines for outdoor irrigation purposes. • Requires that a permit be obtained from the Oregon Department of Environrnental Quality (DEQ) to construct, install, or operate a gray water reuse system. • Requires DEQ to prescribe permit requirements that ensure the protection of public health, safety and welfare, public water supplies, and the waters of the state. Staff Action: Public Works is reviewing legislation and if any changes are necessary. City of Tigird, Oregon 17 Attachment A ~ r Other City Functions Impacted by Legislation SB 570 Record Keeping for Sera Metal Dealers. Requires scrap metal business to create and maintain certain records of purchase or receipt of metal property or other transactions related to metal property. Impacted Departments: Police Effective Date: Upon passage Key Points of Legislation: • Mapes it harder for metal thieves to profit from their crimes • Prohibits scrap metal dealers from purchasing or receiving metal products used for or in public safety, utilities, street signs, street lights, guard rails, grave markers or other public memorials, works of art, or rail road spikes and rails; ~F • Prohibits cash payments for the sale of scrap metal and requir- ing payments to be made by check and mailed to a street ad- dress; • Require district attorneys to develop metal theft prosecution and deterrent actions plans; • Establishes new crimes related to selling, recording and transporting stolen metal • Allows for more severe penalties for metal theft. • Metal theft is considered by late enforcement officials to be one of the main methods that methampheta- mine and other habitual drug abusers use to fund their addiction. Staff Action: Police will have additional resources when investigating cases. Notable Local Government Bills Defeated By Legislature HB 2184 Oregon Bottle Bill. Establishes goal for beverage container return rate. HS 2400 Police Uniform Policy. Directs county sheriffs departments and municipal police de- • partments to adopt policy addressing whether members may appear in uniform while off-duty. HB 2936 Attorney General Responsible for Officer Involved Homicide Investigations. Re- quires Attorney General to conduct investigation and prosecution of homicide comcmitted by police officer in line of duty. HJR 42 Time, Place, Manner Restrictions on Adult Businesses. Proposes amendment to Oregon Constitution to provide that right of free expression may not be construed to limit or restrict locsd government from imposing reason- able time, place and manner reg«ladon on operations of nude dancing businesses and establishments. SR 708 Mandating Employers Provide Police Bac round Information on Police Applicants. Provides that if person applies for employment with law enforcement agency all Former and current employers of person, and all em- ployers to which employee has trade application for employment, upon request must provide to law enforcement agency all information available to employers relating to person. 1s Review of 2009 Legislative Session Attachment A Similar Issues Expected for r 2011 Legislative Session Several bills that were defeated or tabled during the 2009 Legislation will likely reappear in the 2011 Legislative Session. Franchise fees were a hot topic during the 2009 Legislative Session and will continue to be in the coining year. Franchise fees provide Tigard with more than $4 million per year including $750,000 in cable and phone fees from Comcast and Verizon. Franchise fees are the second-largest revenue source and represents 15 percent of our general fund revenue. The fees provide compensation for right-of-way use by utilities, including telecommunica- tions providers. i" Verizon brought forward a bill in 2009 that would have had devastating consequences for cit- r,~ ies including a loss of revenue and preemption of local authority. (Verizon is attempting to pass similar legislation in every state.) Local governments, the Metropolitan Area Communication Cotmnission and others were able to defeat the bill through lobbying efforts. The passage of HB 2405 Voice Over Internet Protocol Regulation would have had far-reaching implications for Oregon cities. It would have precluded state and local regulation of telephone calls made over the internet. Revisions to the Bottle Bill were brought forward in the recent session. After months of discussion and negotia- tions, the bill died as a compromise could not be agreed upon between tie major players. A similar bill is certain to be brought forward in the next session. As part of SB 916 Local Budget Law, the LOC agreed to continue working with coon- Issues for 2011 Session ties, schools, special districts, debt advisors, and the Oregon Department of Revenue • Franchise fees during the interim to develop more comprehensive changes to local budget late for - Bottle bill the 2011 legislative session. . Water quality City staff is being proactive in its approach to the 2011 Legislative Session. Staff will participate on several committees, task forces and work groups that are developing 'Local budget haw legislation. In particular, Mayor Dirksen has agreed to represent Tigard on a LOC . Property tax committee discussing the future of property tax, Craig Prosser was selected to partici- pate in a franchise fee discussion. • Light rail .Collective bargaining Finally, a short session will be held in February 2010. In addition to working on budget issues, it is expected the legislature will attempt to send two proposed constitu- tional amendments to voters. One would revamp the income tax "kicker" rebates so that most of the money would at first flow into a rainy day fund. Legislative leaders put that issue off during this session - despite the fact that it had wide support - because they didn't want it nixed up with the controversial tax hikes they passed this session. Secondly, an amendment formally establishing an annual legislative session in Oregon will be debated. City of Tigard, Oregon 19 Agenda Item # Meeting Date August 25, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Council Update and Discussion of Washington County Urban & Rural Reserves Process (,C-G#1) ?vigr Approval: Prepared By: John Flovd Dept Head Approval: City ISSUE BEFORE THE COUNCIL On September 8, 2009 the Washington County Reserves Coordinating Conu-nittee will be making a recommendation to the Regional Reserves Steering Committee on preliminary urban reserve and rural reserve areas. STAFF RECOMMENDATION Receive an update from Councilor Buchner, then reaffirm or modify Tigard's position regarding urban and rural reserves designations in Washington County. KEY FACTS AND INFORMATION SUMMARY The Metro region is undertal dng a process through which urban reserves and rural reserves are being designated to guide Urban Growth Boundary expansion for the next 40 to 50 years. Councilor Buehner is Tigard's representative on the Washington County Reserves Coordinating Committee (RCC). On August 20, 2009 Washington County is holding a public hearing to receive public testimony regarding preliminary Urban Reserve and Rural Reserve designations. ➢ On September 8, 2009 the Washington County Reserves Coordinating Committee will be malatig a recomnnendation to the Regional Reserves Steering Committee regarding the location of urban reserves and rural reserves. Councilor Buehner has requested time to update Council on progress to date, and to reaffirm or modify the position of Tigard City Council prior to the September 8 meeting of the Washington County Reserves Coordinating Cornrmittee. OTHER ALTERNATIVES CONSIDERED N/A 1 CI'T'Y COUNCIL GOALS Goal l: Implement Comprehensive Plan d. Develop a 50-year aspirational goal in support of Urban/Rural Reserves Program ATTACHMENT LIST N/A FISCAL NoTEs N/A I.\I_RIILN\Cnrrzlcillblaleralr\2009\8-25-09AIS 1(%ashingion Cu:nuy Reim-ci Prvivs Updcae.dacx 2 Agenda Item No. Meeting of COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Second Quarter Council Goal Update Prepared By: panne Ben son Dept F lead Approval: G f City Mgr Approval: r ISSUE BEFORE THE COUNCIL Second quarter informational update on 2009 City Council Goals. STAFF RECOMMENDATION Information only. KEY FACTS AND INFORMATION SUMMARY Attached is a second quarter progress report on 2009 City Council goals. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GoALs N/A ATTACHMENT LIST 1. Second Quarter Goal Report FISCAL NOTES N/A I:\ADM\City Council\Council Agenda Item Summaries\2009\2nd quarter goal AIS 090811.doc 2009 2-1 Quarter Goal Update q On fannay 6, 2049, the City Conneil met to set itsgoalr for the comirrgyear. Thesegoals represent those items that the Council feels deserve special attention in the rrrontbs ahead. The Clty ;Pill accollrphsh lunch ..lore thall what is listed here, but me ident these to he of particular hzporfance to our r-eudentr. 2009 Council Goals i.. Implement Comprehensive Plan a. Update Tigard zoning maps based on Comprehensive Plan Update The City's locally approved Periodic Review Work Program was submitted to DLCD in February. Included in the Work Program are tasks to update the Tigard Transportation System Plan (TSP), perform an Economic Opportunities Analysis, and update the Tigard Public Facility Plan. All three tasks are important to serve as findings/rationale for City initiated Comprehensive Plan/Zoning map amendments. The TSP update is in progress and the City will be applying for Periodic Review Assistance Grant funds to perform the Economic Opportunities Analysis during FY09-10. b. Update Tree Code to meet Comprehensive Plan The Council hearing to amend the Tree Code is scheduled for July 14, 2009. The amendments are intended as an interim change while a more comprehensive revision of the Tree Code occurs. The draft Urban Forestry Master Plan is in the public comment period. The Urban Forestry Master Plan will provide a framework for a comprehensive revision of the Tree Code and is scheduled for acceptance by Council in November. A work plan for comprehensive code updates has been developed by staff. The work plan includes forming a sub-committee of 2-3 members in August to begin working on code language. Also in the work plan, is the scheduled hiring of a consultant in autumn of 2009 to begin the analyses required to make upland tree groves eligible for protection in order to implement. c. Continue to lobby for light rail in 99W Corridor Planning Processes: Metro (in conjunction with TriMet) is currently finalizing their High Capacity Transit System Evaluation, through which Metro is determining their priorities for the next light rail lines to be designed and constructed. Tigard staff are members of the work group advising Metro on this plan. We were pleased to learn that this corridor - Portland to Sherwood via Barbur/Hwy99W - was identified in the top tier of corridors as a Near Term Regional Priority for High Capacity Transit. In fact, it was easily the highest-scoring corridor studied. Staff is cooperating in this effort to provide detailed planning and transportation information, and to help the Metro staff and consultants appropriately recognize the community benefit of light rail along the 99W corridor. Cooperation with potential partners: Tigard staff and elected officials are continuing to work informally with representatives from neighboring cities, Washington County, and other Council Coal Update 7 potential partners supporting this ~roject. Tigard personnel are also working to help key regional decision-makers understand die significant community benefit of this project,'and keep them apprised of its status. Fundin& This project is officially designated as a regional priority for federal funding for its next phase, an Alternatives Analysis. The city, coiuhty, and region are pursuing federal funding (perhaps through an earmark) for this project as part of federal authorization and appropriations legislation this year. Next Steps: Staff and elected officials will continue to lobby for and provide information in support of this worthy project. The next step for 99W light rail would be a detailed Alternatives Analysis that would narrow down the location of this light rail line and station locations, and provide the foundation for design work. The cost of this Alternatives Analysis would be in the neighborhood of $10 million. We may be asked: "How much is Tigard willing to contribute towards dhis analysis process?" d. Develop a 50-year aspiration goal in support of Urban/Rural Reserves Program The City has developed its 50-year aspirational urban growth goal and conveyed die same to Metro and Washington County. The City aspires to redevelop its Downtown, the Tigard Triangle, Washington Square and the Highway 99W Corridor to higher employment and residential densities. In addition, the City desires to provide for greater job densities on its existing employment (Office Park and Industrial) lands. The City also wants its low density residential neighborhoods to retain dzeir single-family land use designation. High capacity transit is essential to achieve these objectives. It is the City's expectation that it will ultimately provide municipal services to 1) Unincorporated areas within its Urban Services Area, and 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. 2. Implement Downtown Urban Renewal a. Move forward with Burnham Street project. Right-of -Way Associates continues to work with staff to acquire right-of-way and easements from property owners along Burnham Street and Ash Avenue. There are seventeen acquisitions that are complete or nearly complete, leaving 5 property owners that are in negotiations with the City. The construction drawings were completed by OTAK Engineering in January 2009. OTAK will be providing the City with a proposal for the const-luction management and construction survey services. W&H Pacific has been hired to review the OTAK plans and specifications for consistency and completeness. The budget for 2009-2010 includes $5.1 million the construction of a portion of this project. b. Complete land use regulations and design standards for the Downtown. The City Center Advisory Commission is currently reviewing the draft code and is expected to endorse the document at their July meeting. After the CCAC endorsement, Planning Comicil Coal Update 2 Commission public hearings will be scheduled and notice of proposed code amendments will be given to the Department of Land Conservation and Development. An open house on the draft code (and several other Downtown issues) has been scheduled for the evening of July 29tH at the Tigard Public Library. This will be an opportunity for further public comment prior to the start of public hearings. In May, staff met with Oregon Department of Transportation staff to discuss the issue of increasing the maximum density in the new Downtown code, and discussed ways to address ODOT concerns about the Transportation Planning Rule and traffic impact. 3. Prepare for 2010 Bond Measure for Parks, Open Spaces, and Trails a. Complete Parks Master Plan Information will be provided to the Council through two documents, the Park System Master Plan (PSMP) Update and a new Parr System Development Charge (SDC) Study. A draft of the PSMP, was presented to the Council on June 16 and is currently being reviewed. The Park and Recreation Advisory Board met in a joint meeting to discuss the draft. The Part: System Master Plan is due to go to Council on July 14 for adoption. The community input on the PSMP was been obtained through: • Four Park and Recreation Advisory Board meetings • Creation of a recreation service providers matrix • Two Technical Advisory Committee meetings • A recreation provider focus group • Seven (7) stakeholder interviews • Community questionnaire (online and on paper) • A community intercept event at the Tigard Balloon Festival • A telephone survey retesting 2004 questions about parks, recreation, open space, and funding measures • A public visioning workshop The input is posted on the City's web site at www.6gard-or.gov/i)smp. FCS Group, the City's consultant for the Park SDC Study, has started compiling information on the projects in the draft master plan and will meet with the PRAB in July to start compiling priorities. Work on the SDC document is planned for adoption in fall 2009. b. Pursue Fanno Park and Downtown Plaza property acquisition These projects are on hold pending funding determination. 4. Continue supporting the Legislature in addressing the financial needs of Oregon state and local governments. Over the second quarter, Mayor Dirksen met with county Mayors and Metro leaders to discuss city aspirations and common goals around transportation and urbanization issues. Presentations to the Metro Policy Advisory Commission and Joint Policy Advisory Commission on Transportation followed. Commit Coal Updale 3 Much effort was given to discussion and meetings with the City of Portland, Metro, State Legislators Burdick and Galizio, UPS. Senators Merldey and Wyden and Representative` Wu regarding support for a Barbur/99W High Capacity Transit line and gaining funding for an Alternatives Analysis of dze project. The Mayor, City Manager and Assistant City Manager continued to meet with the city's legislative delegation monthly until the Legislature adjourned in June. Staff continued to track activity on legislation based on the Council's 2009 Legislative Priorities and other issues of interest. Conmil Coal Update