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City Council Packet - 01/12/2010 TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING January 12, 2010 COUNCIL MEETING WILL BE TELEVISED I \Ofs \Donna \Ccpktl 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov - n City ofTigard . ' Y Tigard Business Meeting — Agenda T:ICARD TIGARD CITY COUNCIL MEETING DATE: January 12, 2010 — 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 Olt PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign -in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503 - 639 -4171, ext 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and I • 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 ('DD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA TIGARD CITY COUNCIL— January 12, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -639 -4171 I www.tigard- or.gov I Page 1 of4 • City ofTigard E q;: Tigard Business Meeting — Agenda T l&AR TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE /TIME: January 12, 2010 — 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 • STUDY SESSION o Preview Planning Commission's Suggestions for Discussion Topics for the January 19, 2010, Joint Meeting with the City Council — Community Development Department Staff o Discuss Local Contract Review Board Policies and Procedures — Financial and Information Technology Department and City Attorney Ramis o Administrative Items • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations under ORS 192.660(2) (e). 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. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 12 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) • Tigard High School Student Envoy Taylor Friesen • Tigard Chamber of Commerce Chief Executive Officer Debi Monahan • Follow -up to Previous Citizen Communication • Citizen Communications Sign Up Sheet TIGARD CITY COUNCIL— January 12, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard - or.gov I Page 2 of 4 3. CONSENT AGENDA: (Tigard City Council and City Center Development Agency) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes for December 8, 2009 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Approve Amendment to Intergovernmental Agreement with the Tigard - Tualatin School District for the City of Tigard's Participation in the Safe Schools Grant Program and Authorize the City Manager to Sign 3.4 Local Contract Review Board: a. Award Contract to James Fowler Construction for the 10 Million Gallon Reservoir Transfer Pump Station Project • ConsentA - Items R emov ed for S Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council / City Center Development Agency has voted on those items which do not need discussion. 4. STATE OF THE CITY ADDRESS • Mayor Dirksen 5. APPROVE 2010 GOALS, FIVE -YEAR GOALS, AND LONG -TERM GOALS a. Introduction: Mayor Dirksen b. City Council Discussion c. City Council Motion: Approve 2010 Goals, Five -Year Goals, and Long -Term Goals 6. JOINT MEETING WITH THE PARKS AND RECREATION ADVISORY BOARD (PRAB) TO DISCUSS POTENTIAL PARKS, OPEN SPACE AND TRAILS GENERAL OBLIGATION BOND IN 2010 a. Staff Report: Public Works Department b. City Council and Park and Recreation Advisory Board Discussion 7. CONSIDER VERIZON- FRONTIER CABLE FRANCHISE AGREEMENT TRANSFER • Staff Report: Financial and Information Technology Department • Council Discussion • Council Consideration: Resolution No. 10- TIGARD CITY COUNCIL- January 12, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -639 -4171 I www.tigard- or.gov I Page 3 of4 8. PUBLIC HEARING — SUPPLEMENTAL BUDGET APPROPRIATION AMENDING FY 09 -10 BUDGET a. Open Public Heating b. Summation by Finance & Information Services Department c. Public Testimony d. Staff Recommendation e. CouncilDiscuSsioth f. Close Public Hearing g. Council Consideration: Resolution No. 10 -_ 9. FOURTH QUARTER 2009 COUNCIL GOAL UPDATE • Staff Report: Administration Department 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS 12. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 13. ADJOURNMENT HADM CATHY \CCA\2010\ 100112. doc TIGARD CITY COUNCIL— January 12, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 503- 639 -4171 I www.tigard- or.gov I Page 4 of 4 A City ofTigard I I li ll p Study Session ❑ Agenda TIGARD. TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW,BOARD (LCRB) ,MEETING, DATE /TIME: January 12, 2010/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City ofTigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM STUDY SESSION ➢ Preview Planning Commission's Ideas for Discussion Topics at the January 19, 2010 Joint Meeting on the Tree Code — Community Development Department ➢ Discuss Local Contract Review Board Policies and Procedures — City Attorney and Finance and Information Services Department > Administrative Items: • Council Attendance at National League of Cities Conference • If no quorum at March 16 Workshop Meeting - Availability for March 30, 1010 • Council Availability during Spring Break Week — March 22 -26 • Schedule Rapid Bus Tour in Eugene • EXECUTIVE SESSION: The Tigard. City Council will go into Executive Session to discuss real property transaction negotiations under ORS 192.660(2) (e). 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. Council Calendar: • January 12* Tuesday Council Business Meeting — 6:30 pm, Town Hall 18 Monday Martin Luther King Day Holiday — City Hall Closed 19* Tuesday Council Workshop Meeting— 6:30 pm, Town Hall 26* Tuesday Council Business Meeting — 6:30 pm, Town Hall February 6 Saturday Council Coffee — 9:00 am, Tigard Public Library Lobby 9* Tuesday Council Business Meeting — 6:30 pm,'Town Hall 15 Monday Presidents Day Holiday — City Hall Closed 16* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 23* Tuesday Council Business Meeting — 6:30 pm, Town Hall TIGARD CITY COUNCIL•STUDY SESSION AGENDA — FEBRUARY 10, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard- or.gov I March 9* Tuesday Council Business Meeting — 6:30 pm, Town Hall 16* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 23* Tuesday Council Business Meeting — 6:30 pm; Town Hall Executive Session — The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS" 192.660). An "executive session" is defined as `any meeting or part of a meeting of a governing body, which is closed to:certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192:660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660. (2) (f) - Exempt public records — to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192 -660 (2) (g) - Trade negotiations — involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel — for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment- related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity:for public comment. 192.660 (2) (j) - Public. investments — to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. I: \ADM \Cathy \CCA SS - Pink Sheet\ 2010 /10 0112.doc TIGARD CITY COUNCIL STUDY SESSION AGENDA- FEBRUARY 10, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 www.tigard- or.gov � Agenda Item # 5 Meeting Date ianuary 12, 2010 COUNCIL AGENDA ITEM'SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Preview Planning Commission's Ideas for Discussion Topics at January 19, 2010 Joint Meeting on Tree CodeU date 'CGIb _ Prepared By: iohn Floyd Dept Head Approval: City Mgr Approval: _ ISSUE BEFORE THE COUNCIL Preview topics and issues to be discussed,at the Januarys 19, 2010 Joint Meeting with Planning Commission regarding Tree Code Amendments to implement the Urban Forestry Master Plan. STAFF RECOMMENDATION Review suggested topics and provide any additional feedback in advance of joint meeting. KEY FACTS AND INFORMATION SUMMARY This study session will focus on the topics to - be discussed at the joint meeting with the Planning Commission scheduled for Jan 19, 2010. As stated at previous meetings, these topics suggested are in no way exhaustive of all the issues that will be faced by decision makers when implementing new urban forestry regulations. The intent of this list is to help establish guiding principles for the project and to focus the joint meeting on issues that are expected to be the most challenging to•decide and Will produce the greatest amount of public discourse and public comment. This list of suggested topics is included as Attachment 1, and incorporates feedback received by Council on November 17, 2009 and the Planning Commission on December 7, 2009. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS 2009 Council Goal 1k Update Tree Code to meet Comprehensive Plan ATTACHMENT LIST Attachment 1: Tree Code Update - Topics for Joint Council and Commission Discussion FISCAL NOTES N/A I:ALRPLNVCouncil Materials \2010V1 -12 -1O AIS Tree Code joint NieMing Preparation.doex • ATTACHMENT 1 Tree Code Update Topics for Joint Council and Commission Discussion 1. Council members and the Planning Commissioners identified the following issues to help identify the degree of consistency and divergence with regard to the development of new•urban foresti•regulations. a. The,appropriate balance of Mitigation versus Preservation; and b. How far the City should go in respecting "property rights" versus limiting an owner's ability to develop property in order to save or plant trees. 2. Council members expressed interest in communicating guiding principles, specific requests, or desired outcomes to the Planning Commission with regard to: a. Simplicity in the new code — avoid complexity; and b. A two -tier approach with both an objective and discretionary approval path. 3. The Planning-Commission expressed interest in specific advice or guidance from the Council regarding the following aspects of the tree code amendments: a. To what extent does the Council desire flexibility to accommodate desired project density? b. To what degree should the Tree Grove Protection Program emphasize incentives, regulatory protections, or a combination of the two? 4. The Planning.Commission suggested using the goals of the Urban Forestry Master Plan to help focus the joint discussion on the kinds of outcomes that are desired and achievable through the Tree Code Update project. Staff suggests focusing on the following specific goals and sub -goals as they are expected to produce the greatest amount of deliberation and public comment during•the course of the project. Goal 1: Revise Tigard's Tree Code Sub - Goal 1.1: Revise Tree Code to allow for more flexibility and ensure a qualitative approach to tree presentation. Sub- Goal'1.2: Revise tree code so that standards do not solely impact those property owners with trees. Goal ReviseTigard's Landscaping Code Goal 3: Develop a Tree Grove Preservation.Program Sub-Goal 3.1: Focus on preserving large groves of native trees. Sub -Goal 3.2: Develop a flexible and incentive based grove preservation program that meets the needs of affected property owners. Goal 4: Develop a Hazard Tree Identification and abatement program Sub -Goal 4.1: Establish a City storm and hazard tree response program. Sub -Goal 4.2: Establish a City program to facilitate tree hazard identification and abatement on private property. Goal 6: Develop an urban forestry stewardship program Sub -Goal 6.1: Prevent pre - development clearing of lots. 5. The.Council expressed interest in discussing alternative outreach approaches beyond the "typical" efforts for development of the tree code amendments. 2 1: \I,RPLN \Council Materials \2010 \I- 12- 10Tree Code loin[ Meeting Attach 1_shdocs Agenda Item No. 716444f CE O ;r`.J1... Meeting of (- a City o Tigard y g TIGARD Memorandum To: Craig Prosser, City Manager From: Joe Barrett, Sr. Management Analyst Re: Study Session 01 -12 -2010 — LCRB Role Discussion Points Date: January 4, 2010 1. What is the Local Contract Review Board? The Local Contract Review Board, or more commonly LCRB or Board, is the contracting authority for the City of Tigard. 2. Who is Tigard's Local Contract Review Board? Under the authority granted under Oregon Revised Statute (ORS) 279A.060 and under the authority of Tigard Municipal Code (TMC) 2.46, the City Council is Tigard's Local Contract Review Board. Under ORS 279A.060 the City Council may, by charter, ordinance, or other local legislation, authorize a separate body, board, or commission to serve as the LCRB. If such action is not taken however, the governing body, by default, serves as the LCRB. 3. What are the LCRB's procedural rules? Under TMC 2.46.050, the LCRB's rules of procedure shall be the same as the Council's groundrules. 4. How does the LCRB exercise its power? Under TMC 2.46.100, the LCRB shall exercise its rule making power in the same manner in which it exercises its legislative power. 5. What is the main duty of the LCRB? The LCRB's main duty to the City, as authorized under TMC 2.46.100, is to approve public contracts, personal service contracts, or any other non -public improvement contract let by the City that exceeds $50,000. For public improvement contracts the LCRB shall approve any contract over $75,000. The LCRB reviews staffs recommendation for award after staff has done all necessary work under the Public Contracting Rules for a given contract, including the solicitation of bids or proposals. 6. Under either Oregon State Law or Tigard Code, is the LCRB able to perform additional duties, such as review and authorize specifications or solicitations prior to release to their public? Neither ORS 279 (A, B, or C) or TMC 2.46 contain language that would prevent the Local Contract Review Board from having additional duties such as review of specifications or solicitations prior to their release to the public. In my own experience at Metro /MERC this process of reviewing solicitations, including specifications, led to delayed.project schedules, increased:thelength of Commission meetings by roughly 20 minutes per review,.and a resulted in a review that was focused more on the cost of the project rather than on the specifications. Metro /MERC's is not a typical process set up. The additional review by the Commission /LCRB. added roughly six to eight weeks to the project's. schedule. This created a significant hurdle in a project's schedule and often led to the engineer's estimate being considerably high or low market conditions changed with such a considerable delay. 7. What are the duties of the City Manager related to the.LCRB? Some contracting duties are delegated to the City Manager under TMC 2.46.110. Under TMC 2.46.110, the City Manager or designee shall have the authority to obligate the City without LCRB approval provided the following conditions are met: • The obligation has been appropriated in the adopted budget, • The Public Contracting Rules (PCRs) adopted by the LCRB have been followed and documented, • The public contract, personal service contract, or other contract type let by the City does not exceed $50,000 or, in the'.case of a public improvement contract, $75,000, and • The obligation is for a single complete item or contract and not part or component of a larger project. In addition to the aforementioned duties, TMC 2.46.150 allocates additional duties to the City Manager. Under this segment of the TMC, the City Manageris to: • Establish and maintain a. centralized system for the purchase, contract, and sale of property and services, • Prepare a manual which sets forth the procedures and forms to be used in the award of public contracts, personal service contracts construction contracts, and the sale of surplus property (the. Public Contracting Rules) for adoption by the LCRB by Resolution, and • Implement the procedures set forth in the manual and, as necessary, recommend amendments to the manual to the LCRB. 8. What are the: City's Public Contracting Rules (PCRs)? In accordance with ORS.279A.065, the LCRB may adopt its own rules of procedure for public contracts rather than follow the model rules put forth by the State Attorney General. These rules must be. reviewed each time the State Attorney General modifies the model rules to determine whether or not the LCRB should modify its own rules to ensure compliance with any statutory changes. If the LCRB elects to not adopt its. own rules then, under ORS 279A.065(4), the City would be.sirbject to the model rules adopted.by the State Attorney General. Tigard's LCRB has elected to .adopt its own rules of procedure for public contracts in order to better serve the needs of the City. Tigard's Public Contracting Rules, or PCRs, act as the City's rules related to all contracting, purchasing, and disposal of surplus property except the acquisition, sale or transfer of real property. Tigard's, „are drafted by staff, under direction from the City Manager as set forth in TMC 2.46.150, and presented to the LCRB for consideration and adoption as required by ORS 279A.065(5) and ORS 279A.070. 9. What other guidance and tools are afforded to staff :during the contracting process before award.recommendations are brought before the LCRB? The public conttactingand purchasing process is- designed to be fair and open competition to all while ensuring the .best possible outcome for the City. In order to achieve fair and open competition there are a multitude of statutes, rules, policies, and procedures that must be followed throughout the process. In order to ensure that all applicable statutes, rules, policies, and procedures are followed the City has afforded staff numerous resources to act as guides through the process. The first resource available to staff is a knowledgeable Purchasing Team with expertise in navigating the various policies and. procedures. The Purchasing Team is also the group that reviews all changes to the State Attorney General's model rules as well as other statutory changes and, recommends, through the FIS Director, changes to the Public Contracting Rules. The Purchasing Team also serves the City Manager in establishing and maintaining the centralized purchasing, contracting, and surplus property system for the City. The Purchasing Team basically provides "one -stop shopping” for City staff during the entire contracting process. The City also produces a Purchasing and Contracting Manual that provides staff with details on all facets of public contracting along with templates of all forms used during the various purchasing processes. The manual provides direction an all phases of the public contracting process from development of a scope of work to -solicitation 'to contract award. This manual, posted on the City's Intranet and available to all staff, is updated regularly. Both the Purchasing Team, and the City's Purchasing and Contracting Manual serve to assist staff in makingthe most responsible award recommendation to the LCRB. cc: Toby LaFrance, Director of Financial & Information Services Tim Ramis, City Attorney • Citizen Communication horn December 12, 2009 Council Business Meeting: John Frewing, 7110 SW Lola Lane, Tigard, OR said he appeared before Council on August 11, 2009 and asked a similar question and is still awaiting a,response. He asked what the, effect is of the Clean Water Services Intergovernmental Agreement on_Tigard's review of development. He said his observation is thatT'igard does not review the Clean Water Services design and construction - standards and only requires a service provider letter. He said these are arcane details but they ,do make a difference. City Manager ;Prosser said Assistant Community Development Director Hartnett is working on it and apologized for the delay in responding to him. He said he will ask Assistant Community Development Director Hartnett to call Mr. Frewing next week. • AGENDA ITEM NO 2 - CITIZEN COMMUNICATION DATE: January 12, 2010 (Limited to 2 minutes ocaess; please) The Council wishes to:heat:froin you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. . This is a City of Tigard public meeting,. subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address 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. Name: Also, please spell your.name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION Tigard Area Chamberof Commerce Monthly Update 91 a' r a, a aio Holiday Luncheon - Held December 18`" was a tremendous success, would like to thank everyone who attended for comingand.supporting the Tigard Area Chamberof Commerce and the Ambassadors. • Membership Drive 1/21/10 - 2/28/10 - 21 January 2010, the Tigard Area Chamber of•Commerce wilfkick off its' winter membership drive with an Open Houseat the Tigard Area Chamber of Commerce from,5 -7 p.m. This is an opportunity for current and prospective members to enjoy some wine and appetizers, meet the new CEO, members of the BOD and other chamber members and see what chamber membership can do for theirbusiness. Details'for the Open House are available on the web at www :tigardchamber.org.uhderthe Open house announcementand in the weekly Tigard Newswire, the Tigard Wire. Interested parties may'also contact the TACC for more information. - The TACC.member benefits,package has been greatly enhanced.delivering 4 -6 times the dollar valueofthe.membership , investmentto members. New benefits have been added including brochureand business card lobby space for all membership;levels, Chamber member logo for web and'collateral use,.a subscription to the Portland Bu iness,Journal available as an ala carte option or as part of the top two membership levels,, just to name a few. The membership drive runs from 1 /21 /10through2 /28]10. - Great member incentives'areavailable for members who bringin new members including a choiceofspeed networking tickets or Tigard Wire adsand entry into a free base level membership drawing.($249 value). New members who join during the drive will havetheir application fee of $35 waived, a 14% savings. The membership package will be rolled out 1/21/10. Shi ningStars Community Awardstanquet6 -9 p.m. 3/5/10 - This is the biggest Chamber eventof the year, honori`ng'excellence in business, volunteerism and education! There'will be 6 volunteer/ business awards, and 2'$1500 dollar scholarships awarded to Tigard High School students or students that liveihTigard. See our video on www:TigardToday.com formoredetails. - Nominations for awards & scholarshipswill be taken until February 1st, 2010. To nominate someone- fill;out the form(s) available-from an announcement link'on the Tigard Chamber web atwwwitigardchamber.org and email or drop off the form at the chamber. • a 1. - Don't miss this event and the opportunity toshowcase, your business and enjoy an elegant • evening. Participation ranges from dinner tickets to various levels of sponsorships. Tickets are $45 %person if purchased before 2/1/10, and $55 /person iff purchased after 2/1/10. Table sponsorships start at $250,.then $750 and top out at $2500. - Fora flier with all the details and silent auction donation forms click you may also click the link on the Shining Stars announcement on the Tigard Chamber main page at www:tigardchamber.org orgo to community links in'the Chamber online directory. http: / /tigardareacha mber:org /directory /I inks.php Agenda Item No. - - a_ For Agenda of January 12. 2010 11:r MEMORANDUM TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Three -Month Council Meeting Calendar DATE: January 5, 2010 Regularly scheduled Council meetings are marked with an asterisk ( *). January 1 Friday New Years Day Holiday — City Hall Closed 5 Tuesday Council Special Business Meeting — 6:30 pm, Town Hall 11 Monday Joint Meeting with Lake Oswego City Council, - 6:00 pm, 4101 Kruse Way, Santiarn Room, Lake Oswego 12* Tuesday Council Business Meeting — 6:30 pm, Town Hall 18 Monday Martin Luther King Day Holiday — City Hall Closed 19* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 26* Tuesday Council Business Meeting — 6:30 pm, Town Hall February 6 Saturday Council Coffee — 9:00 am, Tigard Public Library Lobby 9* Tuesday Council Business Meeting — 6:30 pm, Town Hall 15 Monday Presidents Day Holiday — City Hall Closed 16* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 23* Tuesday Council Business Meeting — 6:30 pm, Town Hall March 9* Tuesday Council Business Meeting — 6:30 pm, Town Hall 16* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 23* Tuesday Council Business Meeting — 6:30 pm, Town Hall I: \ADM \City Council \Council Calendar \3 -month calendar for 100112 cc mtg.doc Agenda Itcni N. -- Tigard City Council Tentative Agenda 2010 Meeting of "i • Meeting Date: January 11, 2010 Meeting Date: January 12, 2010 Meeting Date: January 19, 2010 Meeting Type/Time: Joint with LO /6 PM Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Location: West End Bldg.@ Location: City Hall Location: City Hall 4101 Kruse Way Request to Sched. Due December 1, 2009 Request to Sched. Due December 8, 2009 Santiam Room Materials Due @ 5: December 29, 2009 Materials Due @ 5: January 5, 2010 Joint Meeting w /Lake Oswego Council Study Session - Time Sched. 45 min. - 0 Avail. Workshop Meeting Preview Planning Comm's Ideas for Disc. Topics Joint Meeting with CCI - Annual Report - Manssa -30 min. Dinner Hour Speaker 6 -7 PM at 1/19 Joint Mtng. On Tree Code -John & Susan -15 Joint Meeting with Planning Commission re -GB Arrington on Transit - oriented development scuss Local Lontract Review Boaro Policse Tree Code Amendments - Susan & John - 80 min. Joint Meeting 7 -8 PM Exec. Session - Real Property Neg. - Seen -10 min. Briefing on Downtown Code Amendments - - Water Project [iodate Consent Agenda Sean - 15 min. Approve TTSD IGA for Safe Schools Grant Jim d. Review Downtown Circulation Plan Report LCRB -Award 550' Zone Improvements - 10 MG Sean - 45 min. Trans. Pump Station Const. Contract - Dennis Island Annexations Initiative: Outreach & Incentive Plans, Schedule and Resolution - Business Meeting Gary P. - 30 min, THS Student Envoy Chamber of Commerce Rep. State of the City Address - Mayor Dirksen - 25 min. Adopt 2010 Council Goals, Five Year Goals and Long Term Goals - Cathy W. - 10 min. Joint Meeting with PRAB to discuss Potential Parks, Open Spaces & Trails 2010 General Obligation Bond - Dennis -30 min. :fprove Cable Franchise Transfer Agreement from Verizon to Frontier - Louis S. & Councilor 1.enderson - 15 mmh. w/ presentation by 3ruce Crest - Supplemental Budget Approp. Amendinc, PV 09-10 swine - 10 min - Tnbv & rarl -R'=` Council Fourth Quarter Goal Report - Liz N. - 10 min. Time Avail: 110 min. - Time Scheduled: 110 min. Time Avail: 180 min. - Time Scheduled: 180 min. Time Left: 0 min. Time Left: 0 min. Page 1 of 7 Color Key: Admin -Green CD - Red HR - i,i Finance /IT - :!range Library - Aqua Police - Blue Risk - Purple PW - Brown CG = Council Goal 1/6/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: January 26, 2010 Meeting Date: February 9, 2010 Meeting Date: February 16, 2010 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Work/CCDA/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due December 15, 2009 Request to Sched. Due December 29, 2009 Request to Sched. Due January 5, 2010 Materials Due @ 5: January 12, 2010 Materials Due @ 5: January 26, 2010 Materials Due @ 5: February 2, 2010 Study Session - Time Sched. 30 min. - 15 Avail. Study Session - Time Sched. 15 min. - 30 Avail. Workshop Exec. Session - Property Nego. - Dennis K. - 15 min. Discussion of New Street Lighting Technologies - Joint Meeting with CCDA/CCAC to review Regional Transportation Planning Update - Mike & Burnham Street Imp. Project - Kim - 15 min. CCAC Annual Report to CCDA - Sean Ron - 15 min. 60 min. Discuss Repeal of Title 18 Minimum Density Consent Agenda Requirements - John - 30 min. Consent Agenda LCRB -Award Street Sweeping Svcs. Contract - Review Options - Amend TMC - Advertising Update TVF &R IGA Reducing Cost - Dennis Dennis Signs in Public ROW Susan /Ron - 30 min. Authorize the Mayor to Sign Maint. Agreement with Approve Formation of Ad Hoc Committee for the Periodic Review Update - Darren - 15 min. ODOT re City Maintaining Landscaping along Greenway Trail Master Plan Project - Duane 99W from Gaarde Street to Canterbury Lane - Kim Approve IGA w /ODOT Accepting Funds for the [ORB 3 - 5 IGA's for Hwy 99W /HalllGreenburg /Main Project Greenway Trail Master Plan Project - Duane with ODOT and Washington County - Dennis Business Meeting Deactivate Trans. Financing Strategies Task Force -Gus THS Student Envoy Appoint PRAB Members - Dennis - RES Chamber of Commerce Rep. Consider Res.to Withdraw from Joint Water Commission CIP Briefings - Ted /Kim - 15 min. Dennis - RES Legis. PH - Consider PC Recommendation Business Meeting for Amending Devel. Code Allowing Seasonal Legis. PH - Consider Ordinance to Establish Down Outdoor Markets - Gary P. & Ron B. - 25 - ORD town Design Standards, Development Regulations Consider Resolution to Initiate Island Annexations and Map Designations - Sean -PPT - 50 min. -ORD Gary P. - 15 min. - RES Highway 99W Project Briefing - Ted /Mike -15 min. Revise Tigard Municipal Code 7.74 regarding Emergency Operations - Mike Lueck - 25 min. ORD Time Avail: 110 min. - Time Scheduled: 90 min. Time Avail: 110 min. - Time Scheduled: 55 min. Time Avail: 180 min. - Time Scheduled: 135 min. Time Left: 20 min. Time Left: 55 min. Time Left: 45 min. Page 2 of 7 1/6/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: February 23, 2010 Meeting Date: March 9, 2010 Meeting Date: March 16, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Business /6 :30 p.m. Meeting Type/Time: CCDA/ Workshop /6 :30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due January 12, 2010 Request to Sched. Due January 26, 2010 Request to Sched. Due February 2, 2010 Materials Due @ 5: February 9, 2010 Materials Due © 5: February 23, 2010 Materials Due @ 5: March 2, 2010 Mayor Dirksen Absent Mayor Dirksen & Councilor Webb Absent Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 10 min. - 35 Avail. Workshop iscuss Revisions to Citywide Personnel Budget Committee Joint Meeting - Update on Policies - Sandy - 10 min. City's YTD Financial Picture -Toby - 30 min. CCDA Budget Committee - Update on Agency's YTD Financial Picture - - Toby - 10 min. Tigard Transportation System Plan Update - Consent Agenda Consent Agenda Consultant Final Briefing - Darren - 70 min. Approve Membership Appointments to Greenway Trail Master Plan Project CAC - Duane - RES Business Meeting Business Meeting PH- Legislative - Consider a Development Code THS Student Envoy Amendment to allow an Electronic Message Center Chamber of Commerce Rep. at a School that fronts an Arterial Street - Hap W. - CIP Briefings - Ted /Kim - 15 min 20 min. - ORD Review 2010 Special Legislative Session and its Impact on Local Revenue Sources - Kent and Liz - 10 min. Time Avail: 110 min. - Time Scheduled: 20 min. Time Avail: 110 min. - Time Scheduled: 25 min. Time Avail: 180 min. - Time Scheduled: 110 Time Left: 90 min. Time Left: 85 min. _Time Left: 70 min. Page 3 of 7 1/6/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: March 23, 2010 Meeting Date: April or May Meeting Date: April 12, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Joint with TTSD Meeting Type/Time: Budget Corn./TBA Location: City Hall Location: TBA Location: TBA Request to Sched. Due February 9, 2010 Request to Sched. Due Request to Sched. Due Materials Due @ 5: March 9, 2010 Materials Due @ 5: Materials Due @ 5: Study Session - Time Sched. 25 min. - 20 Avail. Special =xec. Session - Labor Negotiations - San4-25 min. Consent Agenda Joint Meeting with Tigard - Tualatin School District & Budget Committee Meeting Annual Solid Waste Financial Report - Dennis - SI Tualatin - invite King City and Durham Adopt Revisions to Citywide Personnel Policies - Sandy Business Meeting Arbor Day Proclamation - Marissa Consider and Adopt TMC Amendments to Specify the Removal and Disposal of Signs and Other Items Illegally Placed in the ROW and Establish Fees for Removal of Such Items Susan H. and Christine D. - 30 min. Time Avail: 110 min. - Time Scheduled: 30 min. Time Left: 80 min. Page 4 of 7 1/6/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: April 13, 2010 Meeting Date: April 19, 2010 Meeting Date: April 20, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Budget Com.ITBA Meeting Type/Time: Workshop /6:30 p.m. Location: City Hall Location: TBA Location: City Hall Request to Sched. Due March 2, 2010 Request to Sched. Due Request to Sched. Due March 9, 2010 Materials Due @ 5: March 30, 2010 Materials Due @ 5: Materials Due @ 5: April 6, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Workshop Briefing on Regional Transportation Plan - Mike & Ron - Needs RTS- 15 min. Consent Agenda Budget Committee Meeting Business Meeting THS Student Envoy Chamber of Commerce Rep. CIP Briefings - Ted /K.. r; Adopt Development Code Amendment to Extend Approval Period for Specified Land Use Decisions in Recognition of the Economy's impact on Develop- ment Activities - Cheryl C. - 30 min. - ORD Arbor Day Update and Tree Stewardship Awards MarlssafTodd - 35 min. Informational PH - Finalize SS Reimbursement Dist. No. 45 ( Hoodview) - PPT - RES - Greg B. - 15 min. informational PH - Finalize SS Reimbursement Dist No. 46( Baylor, 72nd) - PPT - RES - Greg B - 15 min. Time Avail: 110 min. - Time Scheduled: 110 min. Time Avail: 180 min. - Time Scheduled: 15 min. Time Left: 0 min. Time Left: 165 min. Page 5 of 7 1/6/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: April 26, 2010 Meeting Date: April 27, 2010 Meeting Date: May 11, 2010 Meeting Type/Time: Budget Com./TBA Meeting Type/Time: Business/6:30.p.m. Meeting Type/Time: Business /6:30 p.m. Location: TBA Location: City Hall Location: City Hall Request to Sched. Due Request to Sched. Due March 16, 2010 Request to Sched. Due March 30, 2010 Materials Due @ 5 Materials Due @ 5: April 13, 2010 Materials Due @ 5: April 27, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Budget Committee Meeting Consent Agenda Consent Agenda Business Meeting Business Meeting Council Goal Update - Liz N. - SI - 15 min. THS Student Envoy Chamber of Commerce Rep. Citywide Sewer Extension Program Review - Ted - 20 min. CIPBriefings - Ted /Kim - 15 min. Time Avail: 110 min. - Time Scheduled: 15 min. Time Avail: 110 min. - Time. Scheduled: 35 min. Time Left: 95 min. Time Left: 75 min. Page 6 :of 7 1/6/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: May 18, 2010 Meeting Date: May 25, 2010 Meeting Date: June 8, 2010 Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Business /CCDA/6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due April 6, 2010 Request to Sched. Due April 13, 2010 Request to Sched. Due April 27, 2010 Materials Due @ 5: May 4, 2010 Materials Due @ 5: May 11, 2010 Materials Due @ 5: May 25, 2010 Workshop Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Meeting with Judge - Nadine - SI - 30 min. Joint Meeting with Library Board - Margaret - 30 min Consent Agenda Consent Agenda Approve Senior Center Lease Renewal 2010 -2015 - Loreen - MO Business Meeting Business Meeting Chamber of Commerce Rep. CIP Briefings - Ted /Kim - 15 min. Certify City provides Svcs. for Shared Revs.- RES -Toby 5 min Declare Election to Receive State Revenues - Toby PH RES Approve 2010 -2015 CIP - PH - Toby - 10 min. Adopt Citywide Master Fees & Charges - Toby -RES -10 min. Adopt FY 2010 -11 Budget - PH - RES- Toby- 25 min CCDA Budget Adoption - PH - Toby- 5 min. Legislative PH - Repeal of Title 18 Minimum Density Requirements - John - 30 min. Time Avail: 180 min. - Time Scheduled: 60 Time Avail: 110 min. - Time Scheduled: 85 min. Time Avail: 110 min. - Time Scheduled: 15 min. Time Left: 120 min. Time Left: 25 min. Time Left: 95 min. Page 7 of 7 1/6/2010 Agenda Item # / Meeting Date January 12, 2010 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title: Award 550 -foot Zone Improvements —10 MG Transfer Pump Station Construction Contract Prepared By: Joe Barrett Dept Head Approval: r City Mgr Approval: Ul ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the LCRB Award the Contract for the 10- Million Gallon Reservoir Transfer Pump Station Project to James Fowler Construction? STAFF RECOMMENDATION Staff recommends that the LCRB approve the contract with James Fowler Construction and authorize staff to take all necessary steps to execute the agreement. KEY FACTS AND INFORMATION SUMMARY The City's existing transfer pump station, located on the 10- million gallon reservoir site at Bull Mountain Road & 125 Avenue, serves both the 550 -foot and 713 -foot service zones. The Water Distribution System Hydraulic Study identified a need to replace this pump station with one that would provide a higher pumping capacity to both service zones. The new pump station would increase pumping capacity from 2,000 gallons per minute to 3,300 gallons per minute for the 713 -foot service zone while providing 3,900 gallons per minute to the 550 -foot zone Reservoir No. 2. In late 2009, staff issued an Invitation to Bid for this project which includes: • repair and retrofit the existing 10- million gallon terminal reservoir for seismic upgrades • abandon the exiting pump station and construct a new pump station • install backup power generator to the new pump station and existing Aquifer Storage and Recovery Well • construction of site improvements The engineer's estimate was $4.75 million to $5.25 million. Five responsible bids were received in response to the Invitation to Bid. James Fowler Construction submitted the lowest responsible bid at just over $4.88 million, well within the engineer's estimate. Rank ` Bidder Amount 1 James Fowler Construction $4,887,317.00 2 Howard S. Wright Construction $5,163,999.36 3 Ward — Henshaw $5,727,011.88 4 Eme & Sons $5,879,315.38 5 ,I 1: Constructors $6,657,521.00 The City will receive a total of $2, 398,000 in grant funding from the American Recovery and Reinvestment Act (ARRA) to fund this project as long as critical reporting requirements and milestone dates are met. An additional $2,398,000 will come in the form of a low interest loan from the state's Safe Drinking Water Revolving Loan fund. Following, are critical milestones; dictated by the, contract for the loan and principal forgiveness, which must be met in order to receive funding. • September 30, 2009 — Recipient will complete all easement and property acquisitions necessary . for the. Project complete.. • • .November '30, 2009 Recipient will complete. the environmental review process — Task complete. • December. 3i,; 2009=— Recipient will have final design completed and certified by a licensed engineer —Task complete; • February 16, 2010 — Recipient will execute.a construction contract • February 16, 2012 — Recipient's last right to request disbursement of the Loan OTHER ALTERNATIVES CONSIDERED The LCRB could choose to not award the contract and direct staff on how to proceed. CITY COUNCIL GOALS N/A ATTACHMENT LIST N/A FISCAL NOTES The project is funded with Federal Funds from the American Recovery and Reinvestment Act ($2,398,000) and through the Safe Drinking Water Revolving Loan Fund ($2,398,000). These funds, along with the additional funding needed for the project, are budgeted in the Water CIP fund. The total amount of this project is estimated at $4,887,317. Agenda Item # 3 2 Meeting Date January 12, 2010 COUNCIL AGENDA ITEM 'SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Approve and authorize the City ger to sign an amended Intergovernmental Agreement GA with the Tigard = Tualatin School District 01 for the Tigard's participation in the Safe Schools Grant Program. Prepared By Chi Alan On Dept Head Approv. �/' � - S Cary Mgr Approval: l/1 ISSUE BEFORE THE COUNCIL Shall the City Council approve and authorize the City Manager to sign an amended Intergovernmental Agreement (IGA) with the Tigard - Tualatin School District. STAFF RECOMMENDATION Staff recommends that the City Council approve and give the City Manager approval to sign the IGA. KEY FACTS AND INFORMATION SUMMARY In the spring of 2008, the Tigard - Tualatin School District applied for a Federal Safe Schools Grant. The Tigard Police Department participated in the grant process as one of many mandatory partners. The grant is currently into its second year during the, 2009 / 2010 school year. The Tigard Police Department currently provides an after school program at Fowler Middle School, funded by the Safe Schools Grant Program. The Police Department lost funding and no longer provides a similar program at Twality Middle School. The Tigard - Tualatin School District will begin a modified after school program at TwalityMiddle School, starting in December of 2009 for the remainder of the 2009 / 2010 school year. The Tigard Police Department will receive up to $8,060 to reimburse our overtime expenses for providing an officer at the after school program at Twality Middle School. If, approved by the Council, the Police Department would enter into aone -year agreement with the Tigard- Tualatin School District to provide an officer for up to five hours per week for the remainder of the 2009 / 2010 school year, renewable each year. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Safe Schools / Healthy Students amended Intergovernmental Agreement (IGA) FISCAL NOTES The City wine reimbursed for the services provided under the tern's of the IGA 2009 State of the City (PP slide 1) I Happy New Year, everyone. Welcome to 2010. It is my sincere hope that this New Year finds each of you well and that 2010 will be a year of economic improvement and community success. Here at the City of Tigard we look forward to another year filled with challenge and opportunity. The overreaching goal of the city must always be to provide basic city services of the (PP slide 2) I highest quality in the most cost - effective way. Underlying that is the need to keep the city on a solid financial base. In 2009, we continued to do those things, even in the face of the most challenging economic downturn experienced by this generation. We have a balanced budget and a positive fund balance, which means that the city is not I (PP slide 3) "broke" and we continue to provide all the municipal services that residents expect like police, water, library, parks, and streets. We are even able to continue to address the areas which require additional attention, (PP slide 4) I like downtown improvements and traffic congestion. Projects to improve traffic flow on 99W are progressing. Construction of the Hall /99W intersection improvements will begin this year, directly followed by and coordinated with equivalent improvements to the Greenburg /99W intersection. I (PP slide 5) I We are also in the process of a signal control system upgrade for the entire length of 99W. The existing system is out of date and unable to handle the current traffic load. While this will result in little visible change, it is a state of the art, reactive and interactive system that will automatically respond to the amount and direction of traffic, adjusting signal sequencing and timing to optimize traffic flow. (PP slide 6) I Downtown, the New Burnham Street rebuild is underway, with completion set for next year. In the area of parks, our intent is still to expand our parks system until we make a reality of the vision defined in our Parks Master Plan. The land acquisition (PP slide 7) I bond measure on the ballot last November was narrowly rejected by voters. We hear you. We will make adjustments, better define the goals, and keep trying until we succeed in providing what the people want. Each December your Council gathers to discuss what the City's priorities will be for the coming year, and tabulate a list of goals. These, then, are the goals for 2010: I (PP slide 8) 1. Implement Comprehensive Plan • a. Complete the Transportation System Plan (TSP) and begin area plans (Tigard Triangle, 99W Corridor, etc.) b. Update Tree Code c. Continue to promote plan for 99W Light Rail 2. Implement Downtown Urban Renewal a. Initiate developer outreach /recruitment b. Adopt Downtown Circulation Plan 3. Strategize with Park and Recreation Advisory Board on a 2010 Parks Bond a. Decide whether to return to ballot and, if so, when b. Develop land acquisition strategies (potential options to purchase, etc.) 4. Advance Methods of Communication a. External: Develop communication strategy and methods in support of city goals. b. Internal: Support staff efforts to change the organizational culture to create a proactive environment of exceptional people and service, promoting the values of "respect and care," "get it done," and do the "right thing" (Strategic Clarity). 5. Support 2010 Washington County Cooperative Library System (WCCLS) and Public Safety Levies (PP slide 9) Five -Year Council Goals • Obtain Ash Street railroad crossing in downtown • Explore 99W Urban Renewal District • Continue' to support the Legislature in addressing the financial needs of state and local governments in Oregon • Develop long -term financial strategy • Start implementing plan for City facility needs • Develop Sustainability Plan Long -Term Council Goals • Continue pursuing opportunities to reduce traffic congestion (PP slide 10) • Continue implementing Downtown Urban Renewal Plan • Continue to monitor the Tigard /Lake Oswego Water Partnership A few years ago we all made some decisions that defined a direction for the future of our city. As we go down that road together, let's all continue to work toward the common goal of making Tigard a Place to Call Home. God bless you all, and God bless the City of Tigard . e - e . • . • . ... . . /I e•,. '" . "..• . . 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Strategize with Park and Recreation Advisory Board on 201() Parks Bond 4. Advance Methods of Communication 5. Support 2010 Washington County Cooperative Library System (WCGI,S) and Public Safety Levies • Five -Year Council Goals Obtain Ash Street railroad crossing in downtown C Jxplore 99W Urban Renewal District Continue to support the Legislature in addressing the financial needs of state and local governments in Oregon Develop long - term financial strategy 2 Start implementing plan for city facility needs Develop Sustainability Plan T 1on g -Term Counc Goals . . .. Continue pursuing opportunities to reduce traffic congest ,,'. Continue implementing Downtown Urban Renewal Plan ,.. Continue to monitor the Tigard /Lake Oswego Water Partnership 11 ' ∎tA'• ,,-.. 4 ` : y ,* :.,„.. - ..4 ; :._'' ,, . :.. '' .f : k4 'k.:, M1'4 a r°.'4 I.': , d s a ` r\ > ' } � � 1�•�' •'y � a <: 1" Y y i .." � : b.. .: V 1 �j �� tc,} � w•. y.j ',t;'),, $",F Pn . t i pct �Fr �. 1 . : - r' � , -, y. . Y `..) � '�{q',>l i' 'A` r1 .. - •l,F' `et L 3C ;i -+'�n .4'• i •• // .:, \r,,,5'_ ,e', f 1 ^ � vs�" 7 . - -. °i. ;i.! �l'k _ ?+ +( . ._ - ; - . _ J A Y A 4-q"-:-'' -, .. S�'. A i ...: -. �' .bb f}'" :• '�. IS�b 1' -.. ---4,,i G -_7`i t arN .w. .� ,_ St Jr `�i-'.�' i.. -.,. _ � � _ .. . f �^ & Agenda Item # 5 Meeting Date Tamar; 12.2010 COUNCILAGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agefida Title Adopt 2010 Council Goals, Five -Year Goals, and Long-Term Goals C ` Prepared By: C. Wheatley"' D pt Head Approval: C City Mgr Approval: ISSUE BEFORE THE COUNCIL Approve the final list of 2010 Council Goals, Five -Year Goals, and Long -Term Goals. STAFF RECOMMENDATION Approve the goals as listed. KEY FACTS AND INFORMATION SUMMARY The City Council met on December 22, 2010, to set goals. On January 5, 2010, the City Council reviewed the draft goal list and made wording modifications. The final list 2010 Council Goahs,.Five -Year Goals, and Long -Term Goals is attached for City Council approval. OTHER ALTERNATIVES CONSIDERED Revise the goal statements. CITY COUNCIL Goas When approved, these goals will be published!and staff will report progxess.on on a quarterly basis as well as making a note in this section for future agenda items when the item relates to a stated City Council goal. ATTACHMENT LIST 2010 Council Goals, Five -Year Goals, and Long-Term Goals FISCAL NOTES N/A T: \Citywide \Council Packets \Packet '10 \100112 \Council Goals 2010- AIS.doc On December 22, 2009, the City Council met to set its goals for the comingyear. These goals represent those items that'the.,Council feels deserve special attention in lhe,months ahead. The City will accomplish ttiuch;more than what i1- listed here, but we identij these to be of particular importance to our residents. - 2010 Council. Goals 1. Implement Comprehensive•Plan Complete the Transportation System Plan (TSP) and begin area plans (Tigard Triangle, 99W Corridor, etc.) b. Update Tree Code c. Continue to promote and plan for 99W Light Rail 2. Implement Downtown Urban - Renewal a. Initiate developer outreach /recruitment b. Adopt Downtown Circulation Plan 3. Strategize with Park and Recreation Advisory Board on a 2010 Parks Bond a. Decide whether to .return to ballot and, if so, when b. Develop land acquisition strategies (potential options to purchase, etc.) 4. Advance Methods of Communication a. External: Develop communication strategy and.methods in support of City goals. b. Internal: Support staff efforts to change the organizational culture to create a proactive environment of exceptional people and service, promoting the values of "respect and care," "get it done," and do the "right thing" (Strategic Clarity). 5. Support2010 Washington County Cooperative Library Services (WCCLS) and Washington County Public Safety Levies Five - Year Council Goals • Obtain Ash Street railroad crossing in downtown • Explore 99W Urban Renewal District • Continue to support the Legislature in addressing-the financial needs of state and local governments in Oregon • Develop long -term financial strategy • Start implementing plan for City facility needs • Develop Sustainabihty Plan Long - Term Council Goals • Continue pursuing opportunities to reduce traffic congestion • Continue implementing Downtown Urban Renewal Plan • Continue to monitor the Tigard /Lake Oswego Water Partnership I:A ADM \City Council V GOALS \2010VCouncil Goals 2010.doc Agenda Item No. 6 Meeting of _ .`'SOs u _1, ,'}.,pI :2 COUNCIL AGENDA ITEM.SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Parks, Open Space and Trails General Obligation Bond }cP Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: , J , / t L ' I ISSUE BEFORE THE COUNCIL Shall the City Council seek voter approval to issue general obligation bonds to fund acquisition, development and preservation of parks,- natural areas, clean water, open space and trails in either May or November 2010? STAFF RECOMMENDATION Staff recommends that Council should decide: (1) whether or not to hold the bond election in 2010, and if so, (2) should the bond election occur in May or November 2010 • KEY FACTS AND INFORMATION SUMMARY • r Council goal for 2009 includes preparation for a General Obligation Bond election. • In November2009 the bond measure for $20 million for the purchase of parks, open space and trails failed by a margin of 53% to 47 %. • Council 2010 ;tentative goals include (a) deciding whether to return to ballot and, if so, when; and (b) to develop land acquisition-strategies (potential options to purchase, etc.) • The recently adopted Parks; and Recreation Master Plan identifies deficiencies in the City's current facilities and • includes projects for acquisition and .construction to reduce those deficiencies. • The Parks.and Recreation Advisory Board (PRAB) goals include passage of a Bond issue to fund projects. • Recent public opinion polling suggests Tigard voters are supportive of.expansion of the parks, open space, natural areas and trail systems. This recent polling is consistent with past polling on this issue. • The City is currendy processing two options to acquire properties that are dependent on bond sale proceeds during 2010. OTHER ALTERNATIVES CONSIDERED The Council could choose to decide to forgo the election and advise staff of an alternative method to fund these improvements. CITY COUNCIL GOALS 1) 2009 Goal: Prepare for 2010 Bond Measure for Parks, Open Spaces and Trails 2) 2010 Tentative Goal: Strategize with PRAB on"a -2010 Parks Bond a. Decide whether to return to ballot and, if so, when. b. Develop land-acquisition strategies (potential options to purchase, etc). ATTACHMENT LIST 1) Elections Official Timeline for the May 18 and November 2, 2010 Bond Election FISCAL NOTES An election in May or November 2010 is estimated to cost the City around $500 for publication of legal notices and other minor- expenses. Bonds wwould.maturein -21 years or less from issuance and may be issued in one or more series. The estimated additional costxo.property owners, if $20 million in bonds were selected, would.be $0 :32 per $1000 of'assessed valuation: For the; owner of home with the median assessed value of $200893, the additional monthly cost would be about $5 :41 per month, :or $65 per year. "Passage of this bond (or securing some other source for $20 million) will allow the City to leverage an additional estimated $44 million in future System Development Charges (SDCs). Elections Official Timeline Bond Measure — May 18 or: NoVerriber 2,;2010 May - 18, 2010 Nov 2, 2010 ,Action Primary General Council Decision on Date' of;Election J anuary 26 June 22 Project Package Refinement (Define project list, assign costs, February 15 July 19 determine total revenue needs,. size bond amount)(Last PRAB - meeting•before Council packed deadline) Agenda Item Summary and Packet Materials due for the February 9 July 27 •February..23 meeting or August 10.meeting. Communication Plan and Fact Sheet Submitted with AIS (It would be better to plan for an earlier meeting to cure any issues that mi come up during the City Council consideration of the ballot measure.) In the next available edition of a newspaper notice of receipt of Submit legal notice to Submit legal notice to Newspaper on: Newspaper on: ballot title and ? February 18 August 5 Publication date: Publication date: February 25. August 12 Council considers a resolution for the ballot measure and file No later than : No later than : the measurewith the City elections official. February 23 August 10 Stakeholder List Developed February 23 August 10 Coordination of Pool Group February 24 N/A Speaker Bureau 2/23 -3/4 8/10 -8/19 Deadlineto file a petition to review •theballot tide (circuit court) March 4 August 19 is.no later than the 7t business day after the ballot tide is filed with the city elections official. * *File ballot measure (on forth SEL 802) and explanatory March 18 September 2 statement (ORS 251.285 and on form WCEDVP2). Last day to withdraw. Voter Pamphlet Deadline — Measure Argument Statement March 22 September 7 School Information Delivered March 26 September 13 Voter Pamphlet Public View — Measure Argument March 26 September 13 Voter-P,amplilet -Mailed State State Ballots— 1 to Issue April 5 September 20 Registration Deadline (Postmark by 21st Day Before April 27 October 12 Ballots -- Target Mailing Date April30 October 15 Last Day •Mail out Replacements May 13 October 28 • Agenda Item # 2 Meeting Date 1/12/2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Verizon- Frontier Cable Franchise Agreement Transfer c.� T1 �' v` Prepared By: Louis Sears Dept Head Approval: L� City Mgr Approval: f ISSUE BEFORE THE COUNCIL Every jurisdiction in the. Metropolitan Area Communications Commission (MACC) with a Verizon cable franchise must approve or reject the cable franchise transfer request from Verizon to Frontier. In accordance with the City's IGA with MACC, unanimity by the jurisdictions is required for the transfer to take effect. Should Tigard City Council approve the cable franchise transfer agreement from Verizon to Frontier? STAFF RECOMMENDATION Adopt the resolution to transfer the cable franchise agreement from Verizon t� Frontier. KEY FACTS AND INFORMATION SUMMARY 1. All MACC agencies must approve the.cable transfer request for the transfer to take effect. Failure to approve the transfer by any single jurisdiction effectively vetoes the approval for all jurisdictions. 2. MACC staff recommends the approval of the cable franchise transfer. 3. MACC commissioners voted unanimously for approval of the cable franchise transfer. 4. MACC staff will be present at the council session to answer questions. 5. The franchise agreement from Verizon will be transferred to Frontier with no changes and Frontier will assume all franchise agreements. 6. Frontier has agreed to maintain an irrevocable letter of credit or performance bond in the amount of $250,000, to secure the payment of franchise fees and any penalties, for a period of five years. 7. There should be no customer impact as Frontier acquires both the Verizon infrastructure and the Verizon employees. The only expected impact for customers should be the name change and marketing. 8. Frontier plans no substantial cable programming content changes. Frontier has been in the process of negotiating contracts for cable programming content with the different cable content providers. OTHER ALTERNATIVES CONSIDERED Not to grant the transfer of the cable franchise agreement from Verizon to Frontier. CITY COUNCIL GOALS N/A ATTACHMENTILIST 1. The proposed,resolution for thetransfer of the franchise agreement from- Verizon. to Frontier. 2. Cus lotherservice.standrdsi for answering phone calls,.responding to service interruptions, installation -and other service standards. These customerservice standards are being transferred from Verizon to Frontier as part of the cable franchise agreement. 3. MACC -staff report and recommendation �n the transfer of the franchise. FISCAL NOTES If all MACC jurisdictions do not agree to the franchise transfer, this could result in the interruption of cable service and lost franchise fees to the City of Tigard. I:A Citywide ACouncil Packets \ Packet 'ID \1UU112VPerizon = Frontier Cable Pranchsic AIS.doc Attachment 2 ( EXHIBIT D CUSTOMER SERVICE STANDARDS These ,standards.shall apply to Franchisee to the extent it is providing Cable Services over the Cable System in the Franchise area. However, for the first three (3) months after the Service Date, Franchisee shall not be required to provide reports under this Agreement and, for the first six (6) months after the Service Date, Grantor will not impose fines if Franchisee fails to meet the customer_ service standards set forth in this Agreement. This Section sets forth the minimum customer service standards that the Franchisee must satisfy. SECTION I: DEFINITIONS A. Normal Operating Conditions: Those service conditions which are within the control of Franchisee, as defined under 47 C.F.R. § 76.309(c)(4)(ii). Those conditions which are not within the control of Franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Franchisee include, but are not limited to, special promotions, pay- per -view events, rate increases, regular peak or seasonal demand periods, and maintenance or rebuild of the Cable System. B. Respond: The start of Franchisee's investigation of a Service Interruption by receiving a Subscriber call, and opening a trouble ticket, and begin working, if required. C. Service. Call: The action taken by Franchisee to correct a Service Interruption the effect of which is limited to an individual Subscriber. D. Service Interruption: The loss of picture or sound on one or more cable channels. E. Significant Outage: A significant outage of the Cable Service shall mean any Service Interruption lasting at least four (4) continuous hours that affects at least ten percent (10 %) of the Subscribers in the Service Area. F. Standard Installation: Installations where the Subscriber is within one hundred twenty five (125) feet of trunk or feeder lines. SECTION 2: TELEPHONE AVAILABILITY A. Franchisee shall maintain a toll -free number to receive all calls and inquiries from .. Subscribers in the Franchise Area and/or . residents regarding Cable Service. Franchisee representatives trained and qualified to answer questions related to Cable Service in the Service Area must be available to receive reports of Service Interruptions twenty -four (24) hours a day, seven (7) days a week, - .andesuch representatives shall be available to receive all other inquiries at least forty -five (45) hours per week including at least one night per week and/or some weekend hours. Franchisee representatives shall identify themselves by name when answering this number. • MACCIVERIZON FINAL MAY. 2007 39 B. Franchisee's telephone numbers shall be listed, with appropriate description (e.g.. administration, customer service, billing, repair, etc.), in the directory published by the local telephone company or companies serving the Service Area, beginning with the next publication cycle after acceptance of this Franchise by Franchisee. C. Franchisee may use an Automated Response Unit ( "ARU ") or a Voice Response Unit ( "VRU ") to distribute calls. If a foreign language routing option is provided, and the Subscriber does not enter an option, the menu will default to the first tier menu of English options. After the first tier menu (not including a foreign language rollout) has run through three times, if customers do not select any option, the ART] or VRU will forward the call to a queue for a live representative: Franchisee may reasonably substitute this requirement with another method of handling calls from customers who do not have touch -tone telephones. D. Under Normal Operating Conditions, calls received by the Franchisee shall be answered within thirty (30) seconds. The Franchisee shall meet this standard for ninety percent (90 %) of the calls it receives at call centers receiving calls from Subscribers, as measured on a cumulative quarterly calendar basis. Measurement of this standard shall include all calls received by the Franchisee at all call centers receiving;calls from Subscribers, whether they are answered by a live representative, by an automated attendant, or abandoned after 30 seconds of call waiting. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. E. Under Normal Operating Conditions, callers to the Franchisee shall receive a busy signal no more than three (3 %) percent of the time during any calendar quarter. F. Forty -five (45) days following the end of each quarter, the Franchisee shall report to Grantor, using the form shown in Exhibit F, the following for all call centers receiving calls from Subscribers except for temporary telephone numbers set up for national promotions: . (1) Percentage of calls answered within thirty (30) seconds as set forth in Subsection 2.D; and (2) Percentage of time customers received a busy signal when calling the Franchisee's service center as set forth in Subsection 2.E. G. At the Franchisee's option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters one time during the term of this Agreement. Franchisee shall notify Grantor of such a change not . less than thirty (30) days in advance. i; ii SECTION 3: INSTALLATIONS AND SERVICE APPOINTMENTS li . A. All installations will be in accordance with FCC rules, including but not limited I I to, appropriate grounding, connection of equipment to ensure reception of Cable Service, and the MACC/VERIZON FINAL MAY 2007 40 I E? • I) Pi provision of required consumer information and literature to adequately inform the Subscriber in the utilization of Franchisee- supplied equipment and Cable Service. B. The Standard Installation shall be performed within seven (7) business days after the placement of the Optical Network Terminal ( "ONT ") on the customer's premises or within seven (7) business days after an order is placed if the ONT is already installed on the customer's premises. Franchisee shall meet this standard for ninety -five percent (95 %) of the Standard Installations it performs, as measured on a calendar quarter basis, excluding those requested by the customer outside of the seven (7) day period. ' C. Franchisee shall provide Grantor with a report forty -five (45) days following the end of the quarter, noting the percentage of Standard Installations completed within the seven (7) day period, excluding those requested outside of the seven (7) day period by the Subscriber. Subject to consumer privacy requirements, underlying activity will be made available to Grantor for review upon reasonable request. t D. At Franchisee's, option, the measurements and reporting above may be changed { from calendar quarters to billing or accounting quarters one time during the term of this l.. Agreement. Franchisee shall notify Grantor of such a change not less than thirty (30) days in { advance. 4 E. Franchisee will offer Subscribers "appointment window" alternatives for arrival to perform. installations, Service Calls and other activities of a maximum four (4) hours B scheduled time block during appropriate daylight available hours, usually beginning at 8:00 AM unless it is deemed appropriate to begin earlier by location exception. At Franchisee's i discretion, Franchisee may offer Subscribers appointment arrival times other than these four (4) hour time blocks, if agreeable to the Subscriber. (1) Franchisee may not cancel an appointment window with a customer after the close of business on the business day prior to the scheduled appointment. i (2) If Franchisee's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. F. Franchisee must provide for the pick up orr drop off of equipment free of charge in one of the following manners: (i) by having a Franchisee representative going to the Subscriber's residence, (ii) by using a mailer, or (iii) by establishing a local business office within the Franchise Area: If requested by a mobility- limited customer, the Franchisee shall arrange for pickup and /or replacement of converters or other Franchisee equipment at Subscriber's address or by a satisfactory equivalent. MACGVIIRIZON FINAL MAY 2007 41 V 4 6 SECTION 4: SERVICE INTERRUPTIONS AND 4d A. Franchisee shall promptly notify Grantor of any Significant Outage of the Cable Service. B. Franchisee shall, exercise commercially reasonable efforts to limit any Significant 0 Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation :necessitating a more expedited or alternative notification procedure, Franchisee may schedule a Significant Outage for a period of more than four (4) hours during 0 any twenty -four (24) hour period only after Grantor and each affected Subscriber in the Service Area have been given fifteen (15) days prior notice of the proposed Significant Outage. Notwithstanding the foregoing, Franchisee may perform modifications, repairs and upgrades to the System between 12:01 a.m. and 6 a.m. which may interrupt service, and this Section's notice obligations respecting such possible interruptions will be satisfied by notice provided to 0 Subscribers upon installation and in the annual Subscriber notice. C. Franchisee representatives who are capable of responding to Service Interruptions 0 must be available to Respond twenty -four (24) hours a day, seven (7) days a week. 0 D. Under Normal Operating Conditions, Franchisee must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: ei (1) Within twenty -four (24) hours, including weekends, of receiving Subscriber calls about Service Interruptions in the Service Area. (2) Franchisee must begin actions to correct all other Cable Service 0 0 problems the next business day after notification by the Subscriber or Grantor of a Cable Service problem. E. Under Normal Operating Conditions, Franchisee shall complete Service 0 Calls within seventy -two (72) hours of the time Franchisee commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy -two (72) hour period. F. Franchisee shall meet the standard in Subsection E. of this Section for ninety • percent (90 %) of the Service Calls it completes, as measured on a quarterly basis. 0 G. Franchisee shall provide Grantor with a report within forty -five (45) days 0 following the end of each calendar quarter, noting the percentage of Service Calls completed within the seventy -two (72) hour period not including Service Calls where the Subscriber was reasonably unavailable for a. Service Call within the seventy -two (72) hour period as set forth in this Section. Subject to consumer privacy requirements, underlying activity will be made (. available to Grantor for review upon reasonable request At the Franchisee's option, the above lid measurements and reporting may be changed from calendar quarters to billing or accounting quarters one time during the term of this Agreement. The Franchisee shall notify the Grantor of (0 AP such a change at least thirty (30) days in advance, L MACGVL+RIZON PENAL MAY 2007 42 r01 41 H. At Franchisee's option, the above measurements may be changed for calendar quarters to billing or accounting quarters one time during'the term of this Agreement. Franchisee shall notify of such a change at least thirty (30) day in advance. ) ( I. Under Normal Operating Conditions, Franchisee shall provide a credit upon Subscriber request when all Channels received by that Subscriber experience the loss of picture or sound for a period of four (4) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the Subscriber must promptly report the problem and allow Franchisee to 1 verify the problem if requested by Franchisee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. J. Under Normal Operating Conditions, if a Significant Outage affects all Video 1 Programming Cable Services for more than twenty -four (24) consecutive hours, Franchisee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly 1 recurring charges for the proportionate time the Cable Service was out, or a credit to the affected Subscribers in the amount equal to the charge for the basic plus enhanced basic level of service 1 for the proportionate time the Cable Service was out, whichever is technically feasible or, if both 1 are technically feasible, as determined by Franchisee provided such determination is non- discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. SECTION 5: CUSTOMER COMPLAINTS REFERRED BY GRANTOR Under Normal Operating Conditions, Franchisee shall begin investigating Subscriber complaints referred by Grantor within twenty-four (24) hours. Franchisee shall notify Grantor of those matters that require more than seventy -two (72) hours to resolve, but Franchisee must make all necessary efforts to resolve those complaints within ten (10) business days of the initial complaint. Grantor may require Franchisee to provide reasonable documentation to substantiate the request for additional time to resolve the problem. Franchisee shall inform Grantor in writing, which may be by an electronic mail message, of how and when referred complaints have been resolved within a reasonable time after resolution. For purposes of this Section, "resolve" means that Franchisee shall perform those actions, which, in the normal course of business, are necessary to investigate the Customer's complaint and advise the Customer of the results of that investigation. SECTION 6:. BILLING A. Subscriber bills must be itemized to describe Cable Services purchased by Subscribers and related equipment charges. Bills shall clearly delineate activity during the billing period,;inclriding optional charges, rebates, credits, and aggregate late charges. Franchisee shall, without limitation as to additional line items, be allowed to itemize as separate line items, Franchise fees, taxes and/or other governmental- imposed fees. Franchisee shall maintain records of the date and place of mailing of bills. MACC/VERIZON FINAL MAY 2007 43 • B. Every Subscriber with a current account balance sending payment directly to 4 Franchisee shall be given at least twenty (20) days from the date statements are mailed to the fj Subscriber until the payment due date. C. A specific due date shall be listed on the bill of every Subscriber whose accOUtlt is 6 . current. Delinquent accounts may receive a bill which lists the due date as upon receipt; however, the current portion of that bill shall not be considered past due except in accordance 6 with Subsection 6.B. above. 6 D. Any Subscriber who, in good faith, disputes all or part of any bill shall have the option of withholding the disputed amount without disconnect or late fee being assessed until the dispute is resolved, provided that (1) The Subscriber pays all undisputed charges; (2) The Subscriber provides notification of the dispute to Franchisee within five (5) days prior to the due date; and (3) The Subscriber cooperates in determining the accuracy and/or 4 appropriateness of the charges in dispute. (4) It shall be within Franchisee's sole discretion to determine when the dispute has been resolved. E. Under Normal Operating Conditions, Franchisee shall initiate investigation and resolution of all billing complaints received from Subscribers within five (5) business days of receipt of the complaint. Final resolution shall not be unreasonably delayed. F. Franchisee shall provide a telephone number and address clearly and prominently on the bill for Subscribers to contact Franchisee. tea G, Franchisee shall forward a copy of any rate- related or customer service - related �? billing inserts or other mailings related to Cable Service, but not promotional materials, sent to tai Subscribers, to Grantor. ite H. Franchisee shall provide all Subscribers with the option of paying for Cable Service by check or an automatic payment option where the amount of the bill is automatically �d deducted from a checking account designated by the Subscriber. Franchisee may in the future, at its discretion, permit payment by using a major credit card on a preauthorized basis. Based on credit history, at the option of Franchisee, the payment alternative may be limited. Franchisee shall provide Grantor with a sample Cable Services bill, and shall provide an updated " sample bill at least 30 days before any material change is sent to Subscribers. MACC /VERIZON FINAL. MAY 2007 44 SECTION 7: -DEPOSITS, REFUNDS AND CREDITS A. Franchisee may require refundable deposits from Subscribers 1) with a poor credit or poor payment history, 2) who refuse t� provide credit history information to Franchisee, or 3) who rent' Subscriber equipment from Franchisee, so long as such deposits are applied on a non- discriminatory basis. The deposit Franchisee may charge Subscribers with poor credit or poor payment history or who refuse to provide credit information may not exceed an amount equal to an average Subscribers monthly charge multiplied by six (6). The maximum deposit Franchisee may charge for Subscriber equipment is the cost of the equipment which Franchisee would need to purchase to replace the equipment rented to the Subscriber. B. Franchisee shall refund or credit the Subscriber for the amount of the deposit collected for equipment, which is unrelated to poor credit or poor payment history, after one year and provided the Subscriber has demonstrated good payment history during this period. Franchisee shall pay interest on other deposits if required by law. C. Under Normal Operating Conditions, refund checks will be issued within the next available billing cycle following the resolutipn of the event giving rise to the refund, (e.g. equipment return and final bill payment). D. Credits for Cable Service will be issued no later than the Subscriber's next available billing cycle, following the determination that a credit is warranted, and the credit is i . approved and processed. Such approval and processing shall not unreasonably delayed. i E. Bills shall be considered paid when appropriate payment is received by Franchisee or its authorized agent. Appropriate time considerations shall be included in Franchisee's collection procedures to assure that payments due have been received before late notices or termination notices are sent. SECTION 8: RATES, FEES AND CHARGES A. Franchisee shall not, except to the extent expressly permitted by law, impose any fee or charge for Service Calls to a Subscriber's premises to perform any repair or maintenance work related to Franchisee equipment necessary to receive Cable Service, except where such problem is caused by a negligent or wrongful act of the Subscriber (including, but not limited to a situation in which the Subscriber reconnects Franchisee equipment incorrectly) or by the failure of the Subscriber to take reasonable precautions to protect Franchisee's equipment (for example, a dog chew). B. Franchisee shall provide reasonable notice to Subscribers of the possible . assessment of a late fee on bills or by separate notice. Such late fees are subject to ORS 646.649. C. All of Franchisee's rates and charges shall comply with applicable law. Franchisee shall maintain a complete current schedule of rates and charges for Cable Services on file with the Grantor throughout the term of this Franchise. MACGVERIZON FINAL MAY 2007 45 I 6 S 0 ,SECTION 9:. DISCONNECTION /DENIAL OP SERVICE A. Franchisee shall not terminate Cable Service for nonpayment of a delinquent 0 account unless Franchisee mails a notice of the delinquency and?impending termination prior to 41 the proposed final termination. The notice shall be mailed to the Subscriber to whom the Cable Service is billed. The notice of delinquency and impending termination may be part of a billing ii statement. • B. Cable Service terminated in error must be restored without charge within twenty - four (24) hours of notice. If a Subscriber was billed for the period during which Cable Service was terminated in error, a credit shall be issued to the Subscriber if the Service Interruption was reported by the Subscriber. C. Nothing in these standards shall limit the right of Franchisee to deny Cable Service for non - payment of previously provided Cable Services, refusal to pay any required deposit, theft of Cable Service, damage to Franchisees equipment, abusive and/or threatening 4, behavior toward Franchisee's employees or representatives, or refusal to provide credit history 0' information or refusal to allow Franchisee to validate the identity, credit history and credit fil • worthiness via an external credit agency. SP D. Charges for cable service will be discontinued at the time of the requested ®° termination of service by the Subscriber, except equipment charges may by applied until equipment has been returned. No period of notice prior to requested termination of service can be required of Subscribers by Franchisee. No charge shall be imposed upon the Subscriber for or related to total disconnection of Cable Service or for any Cable Service delivered after the p effective date of the disconnect request, unless there is a delay in returning Franchisee equipment I or early termination charges apply ° g pp y pursuant to the Subscriber's service contract. If the , Subscriber fails to specify an effective date for disconnection, the Subscriber shall not be responsible for Cable Services received after the day following the date the disconnect request is q received by Franchisee. For purposes of this subsection, the term "disconnect" shall include y Subscribers who elect to cease receiving Cable Service from Franchisee and to receive Cable ( il Service or other multi - channel video service from another Person or entity. rd SECTION 10: COMMUNICATIONS WITH SUBSCRIBERS cd A. All Franchisee personnel, contractors and subcontractors contacting Subscribers ( II or potential Subscribers outside the office of Franchisee shall wear a clearly visible identification card bearing their name and photograph. Franchisee shall make reasonable effort to account for t- all identification cards at all times. In addition, all Franchisee representatives shall wear ( appropriate clothing while working at a Subscriber's premises. Every service vehicle of Franchisee and its . contractors or subcontractors shall be clearly identified as such to the public. t Specifically, Franchisee vehicles shall have Franchisee's logo plainly visible. The vehicles of those contractors and subcontractors working for Franchisee shall have the contractor's / C MACC/YgIttION ANAL MAY 2007 46 i Kell O d subcontractor's•name plus markings (such as a magnetic door sign) indicating they are under contract toFranchisee. B. All contact with a Subscriber or potential Subscriber by a Person representing Franchisee shall be conducted in a courteous manner. C. Franchisee shall send annual notices to all Subscribers informing them that any complaints or inquiries not satisfactorily handled by Franchisee may be referred to Grantor. A copy of the annual notice required under this Subsection 9.0 will be given to Grantor at least D • fifteen (15) days prior to distribution to Subscribers. D. Franchisee shall provide the name, mailing address, and phone number of Grantor on all Cable Service bills in accordance with 47 C.F.R. §76.952(a), E. All notices identified in this Section shall be by either: l (1) A separate document included with a billing statement or included on the portion of the monthly bill that is to be retained by the Subscriber; or (2) A separate electronic notification. F. Franchisee shall provide reasonable notice to Subscribers and Grantor of any pricing changes or additional changes (excluding sales discounts, new products or offers) and, subject to the forgoing, any changes in Cable Services, including channel line -ups. Such notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if within the control of Franchisee. If the change is not within Franchisee's control, Franchisee shall provide an explanation to Grantor of the reason and expected length of delay. Franchisee shall provide a copy of the notice to Grantor including how and where the notice was given to Subscribers. G. Franchisee shall provide information to all Subscribers about each of the following items at the time of installation of Cable Services, annually to all Subscribers, at any time upon request, and, subject to Subsection I O.E., at least thirty. (30) days prior to making significant changes in the information required by this Section if within the control of Franchisee: (1) Products and Cable Service offered; (2) Prices and options for Cable Services and condition of subscription to Cable Services. Prices shall include those for Cable Service options, equipment rentals, program guides, installation, downgrades, late fees and other fees charged by Franchisee related to Cable Service; (3) Installation and maintenance policies including, when applicable, information regarding the Subscriber's in -home wiring rights during the period Cable Service is being provided; MACGVERIZON FINAL MAY 2007 47 9 9 P 0 9 (4) Channel positions of Cable Services offered on the Cable System; 9 (5) Complaint procedures, including the name, address, and telephone number 0 of Grantor, but with a notice advising the Subscriber to initially contact Franchisee about all complaints and questions; (6) Procedures for requesting Cable Service credit; (7) The availability of a parental control device; (8) Franchisee practices and procedures for protecting against invasion of 9 privacy; and (9) The address and telephone number of Franchisee's office to which 0 complaints may be reported. F A copy of notices required in this Subsection 10.F. will be given to Grantor at least fifteen (15) days prior to distribution to Subscribers if the reason for notice is due to a change that is within the control of Franchisee and as soon as possible if not with the control of - Franchisee. 0 11. Notices of changes in rates shall indicate the Cable Service new rates and old 9 rates, if applicable. 9 I. Notices of changes of Cable Services and/or Channel locations shall include a description of the new Cable Service, the specific channel location, and the hours of operation of the Cable Service if the Cable Service is only offered on a part-time basis. In addition, should 9 the Channel location, hours of operation, or existence of other Cable Services be affected by the introduction of a new Cable Service, such information must be included in the notice. J. Every notice of termination of Cable Service shall include the following 9 information: 9 (1) The name and address of the Subscriber whose account is delinquent; EP (2) The amount of the delinquency for all services billed; 9 (3) The date by which payment is required in order to avoid termination of Cable Service; and (4) The telephone number for Franchisee where the Subscriber can receive 9 additional information about their account and discuss the pending termination. • K. Franchisee will comply with privacy rights of Subscribers in accordance with federal, state, and local law, including 47 U.S.C. §551. 0 0 MACCNEPIZON FINAL MAY 2007 48 ea Attachment 3 MACC METROpOlITAN AREA COMMUNICATIONS COMMISSION REPRESENTING. BANKS REA4ERTDN, COMM , DURHAM. FOREST GROVE. GASTON. HIUSETORO. KING CITY, TAKE OSWELO MAWAUKti NORTH PERINS RIVFRGROVE TIGARD. TUALATIN ANO WASHINGTON COUNTY CAME TV FRANCIIISE REgUTATION • TLIECOMMUNiCATIONS Advice ANd SupporrT • Public COMMUNICATIONS NET WORk (PCN) • TUAIATIN VAllEy CoMMUNITy TV MACC STAFF REPORT VERIZON NW INC. TRANSFER OF CONTROL TO FRONTIER COMMUNICATIONS CORPORATION BY THE CITY OF TIGARD Prepared by the staff of the Metropolitan Area Communications Commission December 2009 MACC RECOMMENDS APPROVAL OF THE VERIZON /FRONTIER TRANSFER OF CONTROL At their November 20 meeting, the Board of Commissioners (Commission) of the Metropolitan Area Communications Commission (MACC) unanimously recommended that your jurisdiction, and the other ten affected MACC members (affected jurisdictions), approve the Transfer of Control (Transfer) of the Verizon NW, Inc. (Verizon) cable television franchise to Frontier Communication Corporation (Frontier). MACC Intergovernmental Agreement and the Role of Your Jurisdiction — The City is a member of the MACC Intergovernmental Agreement (IGA). The IGA places the responsibility with MACC to review any proposed change of ownership or control. The MACC Commission makes a final recommendation to the affected jurisdictions to either approve or deny the proposed transaction. All of the affected jurisdictions must accept the Commission recommended action in order for it to become effective — if any one of the affected jurisdictions votes no, it vetoes it for the others. MACC staff takes the Commission's recommendation before each of the affected jurisdictional governing bodies where they will decide whether to accept or reject the Commission's recommendation. This is usually clone in the form of a resolution or ordinance which will look very similar to the MACC recommending resolution (see Exhibit A - MACC Recommending Resolution). In addition to MACC staff, representatives of Verizon and Frontier will be present at the Council meeting to answer any questions you have. Background - On May 25, 2007, the following jurisdictions of the Metropolitan Area Communications Commission (MACC), Washington County and the cities of Beaverton, Cornelius, Durham, Forest Grove, Hillsboro, King City, Lake Oswego, Rivergrove, Tigard, and Tualatin (the affected jurisdictions) granted Verizon Northwest Inc. a fifteen - 1815 NW 169th Place Suite 6020 • Beaverton. Oregon 970064886 • Phone (503)645 7365 • FAX 15031 645-0909 • Web Site. www.maccor.org 29 YEARS of SERVICE, 1980-2009 year cablefranchise agreement (Franchise) which expires in 2022. Verizon Northwest, Inc. began offering its cable service, called FiOS, to area subscribers in December 2007. The Proposed Transaction. On May 13, 2009, Verizon Communications Inc., (Verizon Communications) the parent company of Verizon Northwest Inc. (Verizon) announced that it was selling most of its landline business to Frontier Communications Corporation (Frontier). The sale includes all of Oregon and Washington and 12 additional states (Verizon is not selling ita business and wireless services). This $8.6 Billion transaction ($5.3 billion in stock and $3.3 billion in new debt) is set to close in the second quarter of 2010. Largely arranged in this way for tax purposes, the sale the change of control of the parent corporation (from Verizon to Frontier) of the current subsidiary (Verizon Northwest, Inc.). On June 1, 2009, MACC and the affected jurisdictions received an FCC Form 394 Application (Application) from Verizon Communications. This submittal formally requests the Transfer of its cable franchise to Frontier. Upon receipt of the Form 394, MACC staff and legal counsel began a review of the proposed transaction. MACC Review Process.. Federal Law sets out a limited review process for local governments. The Federal Law allows local franchising_authorities to inquire into the legal; financial. and technical qualifications of the prospective transferee. MACC may condition the transfer upon terms and conditions as they deem reasonably appropriate — but these must relate to an incoming company's legal, financial, and technical qualifications. As a result, MACC's review is more limited than the review process undertaken by state public utility commissions in regards to telephone system transfers. Federal Law also provides MACC a 120 -day period of time to complete its review, once MACC deetns the application is complete. Since MACC found Verizon and Frontier's (the companies) initial application and responses incomplete, the parties eventually agreed to extend the review time period until January 31, 2010. If all the affected MACC jurisdictions do not act by that date, the Transfer may be deemed approved by Federal Law. During the six month review period prior to the Commission's consideration on November 20 MACC, its legal counsel, its retained technical /financial consultants, and some neighboring non -MACC jurisdictions, all worked together to review Frontier's qualifications to own and operate the cable system. That review resulted in the following findings: Legal Qualifications Verizon Northwest will continue to be the Franchisee after the completion of the transfer to Frontier. Frontier must gain the approval of local telephone authorities, state public utility commissions, Federal Communications Commission (FCC), and Department of Justice to complete their transaction. The Oregon PUC is scheduled to hold a hearing on this matter in early December with final decision expected in January 2010. If the Oregon PUC fails to approve Frontier's application, there will ,be-no transfer of cable service. MACC Conclusion: Assuming Frontier obtains the required local, state, and Federal authorizations to operate Verizon, we see no legal reasons why the transfer should not take place. Financial Qualifications In considering a company's financial qualifications to own and operate a cable system, MACC is first concerned about the incoming company's ability to finance the transaction and to manage its new debt load. We are also concerned that a heavily leveraged debt could result in adverse affects on our jurisdictions (i.e., late or non - payment of franchise fees) or subscribers (i.e., higher service rates, poor customer service, delays in installing plant in new areas, or poor program/transmission quality). To assist with our financial review, we relied upon the financial analysis of this transaction conducted by Mike Katz of KFA Services. Mr. Katz has a long association with cable financial analysis for many local governments, including past work for MACC. • The KFA report, concludes that Frontier is "in reasonable financial health" before and after the Verizon acquisition. .KFA is more concerned about the long -term stability of the company,.although many of those concerns are affected by circumstances (e.g., the current economy), subject to competitive factors, and uncontrollable by any regulatory or enforcement mechanism. To ensure franchise performance, KFA recommended that Frontier provide a corporate guarantee. To address KFA's concerns, MACC required Frontier, as a condition for its approval, to provide MACC a new Letter of Credit in the amount of $250,000 to secure Frontier's obligations under the franchise and to further protect the affected jurisdictions and MACC. Frontier will provide this additional security for a period of five (5) years from the close of the transaction (to 2015 — beyond the midpoint of the fifteen -year original franchise). The Letter of Credit is a new requirement, over and above current obligations in the franchise, and directly related to their performance under the Franchise and any potential financial harm the affected jurisdictions could face if Frontier fails to perform. MACC Conclusion: Based on the KFA Services report we conclude that Frontier has the financial, qualifications to own and operate the cable system. However, as additional protection for cable subscribers, the jurisdictions, and MACC, we have negotiated additional financial protection from Frontier. Technical Qualifications The Verizon Communications FiOS system is one of the most technically sophisticated telecommunications systems in the country — it is also a product on this scale unique to Verizon Communications. Our first and largest concern, when we learned of this proposed Transfer, was whether Frontier had the technical qualifications to own and operate the:FiOS system. To assist us in our review, we retained the services of CBG Communications, a technical consulting firm we have worked with for years. Working with CBG, we explored the following areas: Frontier's experience in operating cable systems; their staff experience in cable; the type of system Frontier planned to operate here; their long -term commitment to video; and above all, the likelihood that Frontier will continue to provide a viable competitive cable service to its customers. Frontier's Cable Operations Experience — Frontier currently does not operate any cable systems — the last time they operated a cable system was in 2005. Prior to that date, Frontier acquired a number of small cable systems when they purchased telephone systems. All of these systems were either abandoned, sold, or were no longer operated by Frontier. In some cases, former subscribers to these systems were offered the satellite - based DISH Network as an alternative. The only video service Frontier currently provides to their telephone subscribers is DISI-I and DISH is not a cable service. However, a key element of Frontier's purchase of Verizon is the company's retention of local staff responsible for the current Verizon cable system. Engineers and technicians have been assured that there will be no layoffs for any reason for at least 18 months after the close of the transaction, Other Verizon employees (unrelated directly to the cable system) are expected to be retained, but have no guarantees. Frontier has also provided us with the following information and commitments to assure us that they will continue to provide a viable cable service in the MACC area: Facilities — Frontier will operate the existing MACC -area cable system in a manner consistent with Verizon's current operations. MACC has been assured through formal submittals and the review of confidential internal documents that these components have either been, or are in the late stages of being secured. Demonstrated commitments include: Content — Before it can operate as a cable system, Frontier must acquire the approval, through licensing agreements, of hundreds of cable programming networks. These agreements are necessary in order for Frontier to legally `ore- broadcast" those services that all of us have come to expect from a cable provider: e.g., CNN, FOX, ESPN, TNT, DISNEY, HBO. Additional agreements are required to cany local network affiliates: e.g., KATU, KOIN, KGW, PBS, KPTV. Local governments have little oversight under Federal. Law of' the content,delivered'over the cable system — it is largely a function of economics and competition. There is no guarantee, 'and frankly no expectation, that Frontier will duplicate every channel on the current Verizon cable service. Our sole charge is to ensure that Frontier is technically capable of providing a viable cable channel lineup to its customers. To accommodate the gap between MACC's review period and the actual proof that Frontier has agreements with programmers, Frontier has agreed to condition the transfer on two points: • A report to MACC no later than January 15, 2010 that details the status of all programming agreements. • A certification, no later than March 31, 2010, by a Frontier corporate office that it has retained at least 75% of the channels currently programmed by Verizon. Frontier has told us that they will make every effort to accommodate any customers unhappy with their ultimate channel line -up, including the potential, if necessary, of severing long term service contracts customers may have signed with Verizon. Frontier will also provide subscribers and MACC with a complete, projected cable channel line- up no later than 30 days prior to the time Frontier assumes operation of the MACC area cable system (projected to be in June or July, 2010). Conclusion — After reviewing Frontier's telecommunications /cable experience, staff expertise (and the Verizon local staff they will acquire), the type of system they plan to operate, their ongoing contractual relationship with Verizon Communications, and the Assurances provided regarding program acquisition, we believe Frontier has the technical qualifications to operate the Verizon FiOS cable system Commission Action — The Commission met twice (in June and September) with representatives of the companies to discuss the transfer and Frontier's qualifications. At those meetings, the companies were called upon to provide sufficient information to ensure Frontier met the qualifications to provide cable service. The Commission advertised its third meeting (November 20) on this topic extensively and received public testimony regarding the proposed transaction. At the meeting, the Commission unanimously recommended that the affected MACC jurisdictions approve the proposed transfer, with the conditions listed in the Resolution. What Action Does MACC Recommend ? -- MACC recommends that your jurisdiction approve the proposed Transfer of Control of Verizon Northwest to Frontier Communications. MACC also recommends that each jurisdiction, as part of the Transfer approval process„ adopt the thirteen conditions to the approval to ensure continued performance. Thank you for. considering MACC's recommendation in this matter. We look forward to attending your meeting to discuss the Commission's Transfer recommendation and to answer any questions you have. We have also attached a Verizon/FrontierQuestions and Answers: memorandum that addresses typical questions (see Exhibit B — Questions and Answers). If you have questions about the proposed transfer or MACC's recommendation, please contact your MACC representative, Councilor Marland Henderson. You may also contact Bruce Crest, MACC Administrator, at 503- 645 -7365 x 200 or via email: bcrest @maccor.org. Enclosed Exhibits: A — MACC's Recommending Resolution B — MACC Questions & Answers regarding the Proposed Transfer • Exhibit A METROPOLITAN AREA COMMUNICATIONS COMMISSION RESOLUTION 2009 -05 A RESOLUTION RECOMMENDING APPROVAL BY THE AFFECTED MACC MEMBER JURISDICTIONS OF THE TRANSFER OF CONTROL OF THE FRANCHISEE AND OF THE CABLE FRANCHISES GRANTED TO VERIZON NORTHWEST, INC, TO FRONTIER COMMUNICATIONS CORPORATION, WITH CONDITIONS WHEREAS, the Metropolitan Area Communications Commission, hereinafter "MACC," is an intergovernmental commission formed under ORS Chapter 190, with the membership of Washington County and the cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plaitts, Rivergrove, Tigard and Tualatin; and WHEREAS, certain MACC jurisdictions granted cable television franchises to Verizon Northwest, Inc., ( "Franchisee ") a subsidiary of Verizon Communications, Inc. in 2007 for a period of 15 years; and WHEREAS, the jurisdictions .that granted a franchise to Verizon are Washington County and the cities of Beaverton, Cornelius, Durham, Forest Grove, Hillsboro, King City, Lake Oswego, Rivergrove, Tigard and Tualatin (the "Affected Jurisdictions "); and WHEREAS, on June 1, 2009 MACC received a Federal Communications Commission Form 394Application ( "Application ") by which Verizon Communications, Inc., the corporate parent of Franchisee, and Frontier Communications Corporation ( "Frontier" or "Transferee ") requested approval from MACC and the Affected Jurisdictions of a proposed transfer of control of the Franchisee and its franchises to Frontier; and WHEREAS, following the completion of the transactions constituting the transfer of control, Frontier would assume control ofthe local cable operations of the Franchisee, but must also secure certain other facilities and agreenientsto provide a comparable cable service to that currently provided by Franchisee; and WHEREAS, Federal law and Section 11 of theFranchises authorize MACC and its member jurisdictions to review any proposed transfer of control, including the proposed transaction as described in the Application and as clarified in answers to questions presented' by MACC to the Franchisee and Frontier to determine the impact on the Franchisee's ability to perform the Franchise obligations based on:the legal, financial, and technical qualifications of the transferee; and WHEREAS, Section 11 of the Franchises also authorizes MACC and its member jurisdictions to condition approval of a transfer upon such terms and conditions as they Mier: ResoIWion 2009 -05 Vcrizon!Frontier Transfer of Control deetn_reasonably appropriate within the legal„ financial, and technicalframework provided by the Franchise and federal law; and WHEREAS, MACC has reviewed the materials provided by the Franchisee and Frontier in the Application and in response to an RFI originally provided to the companies on June 25, 2009 and subsequently revisited and thriller investigated on numerous occasions through October 30; and WHEREAS, the review now being completed except for certain issues necessarily addressed in a prospective manner through conditions, MACC has determined that it should recommend approval of the Application, provided those conditions and assurances are obtained from the companies; and WHEREAS, pursuant to Section 4(E) of the MACC Intergovermnental Agreement, final approval would be granted only if all eleven Affected Jurisdictions also approve the Application as recommended by MACC; and WHEREAS, the Commission conducted a duly noticed public hearing concerning the proposed transfer on November 20, 2009; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION: Section 1. Commission Action on Form 394 Application, The Commission hereby approves the Application for Transfer of Control, as submitted on June 1, 2009, subject to the conditions contained in Section 3 below. Section 2, Recommendation to Member Jurisdictions, The Commission hereby,recommends that each of the Affected Jurisdictions approve the Application for Transfer of Control by duly authorized enactment of each jurisdiction's governing body, subject to the conditions set forth in Section 3, below. Section 3, Conditions to the Transfer of Control. The approval recommended herein shall not take effect until such time as each of the following conditions is met: I. MI eleven affected MACC member jurisdictions approve the transfer of control. 2. The- Verizon/Frontier merger transaction must close with all material terms substantially consistent with the Merger Agreement, as well as the information provided to MACC or the Mount Hood Cable Regulatory Commission (MHCRC) in public MACC nesotwion 2009 -05 Verizon/Pronlier Transfer of Control documents and responses to Requests for Information submitted by.MACC and the IvMACRC, 3. The Verizon/Frontier merger transaction is approved by all required federal agencies and the Oregon Publio Utility Commission. 4. Franchisee, under the control of Transferee, agrees to remedy any franchise non- compliance issues, including any underpayment of franchise and PBC3 fees by Verizon, regardless of whether such non - compliance issues are discovered prior to or following the close of the Transfer of Control. Franchisee, under the control of Transferee, shall remain responsible for any and all Franchise requirements (including but not limited to payment ofFrancltise fees and other amounts duo under the. Franchise, and indemnification of the Grantor as provided in the Franchise) and non - compliance issues under the Franchise or any obligation that may now exist or may later be discovered to have existed during the term of the Franchise, even if prior to the closing of this Transfer. 5. Franchisee shall comply with all valid local laws, agreements, and Franchise requirements consistent with applicable federal and state law including all terms of the MACC /Verizon Franchise Agreement. In all respects and without exception, Franchisee, under the control of Transferee agrees to continue to abide by all terms of the existing Franchise and acknowledges that the transfer of control will not affect, diminish, impair or supersede the binding nature of the Franchise and any other valid ordinances, resolutions, and agreements applicable to the operation of the cable system in the MACC member jurisdictions. 6. In addition to the current obligations of the franchise Section 13.6, "Letter of Credit ", Franchisee, under the control of Transferee, provides and maintains an irrevocable letter of credit or performance bond in a form acceptable to MACC in the amount of $250,000, to secure the payrnent.of franchise fees and any penalties, for a period of five years after closing of the Verizon/Frontier merger transaction. 7. Verizon has paid MACC all reimbursement costs due as a result of review of the transfer of control application, consistent with the separate agreements concerning those costa. 8. Transferee provides current contact information for notice recipients under Section 163 of the Franchise. 9. Transferee provides a new Exhibit E, "Franchisee Parent Structure." 10. MACC and its member jurisdictions' consent to the transfer of control shall not be construed to constitute a waiveror release of any they may have under the Franchise and any separate written agreements with the Franchisee and Franchisee's lawild successors. Wee Resolution 2009 -05 Verizon/Frontier Transfer of Control 11. During the week ending January 15, 2010, Transferee will providoMACC with a progress.reportof its acquisition of content, inoludimg.distiiig of national and local content providers tindtheir associated channels, andvideo on demand providers, with which: (t) Transferee has signed agreements; (2) Transferee has pending agreements being negotiated; and (3) Transferee is pursuing agreements. By March 3I, 2010, Transferee shall have delivered certification by a Corporate officer that it has acquiredrights to distribute linear video, broadcast, and video on demand programming content ftom vendors, which rights: (a) include at least 75% of the channels provided by Franchisee on November 1, 2009; (b) include all nine Portland area local broadcasters; mud (c) include commitments to carrying the majority of this content for a period of not less than two years... Transferee will provide MACC with a complete projected channel lineup no later than 30 days prior to the close of the transaction. 12. Transferee acknowledges these conditions of approval of the transfer of control in writing no later than November 20, 2009. 13. Approvals granted,by MACC and its member jurisdictions shall be valid until the Verizon/Prontier merger's Hart - Scott- Rodino Approval ( "HSR ") expires. Currently, the HSR expires on Septeinber 1, 2010. If the merger is not completed prior to the expiration of the HSR, Verizon and Frontier shall meet with MACC representatives and advise them on the status of the merger. MACC and its member jurisdictions shall consider the information provided and Frontier and consider whether to extend the previously granted approvals. Such extensions shall not be unreasonably withheld. ,Section 4. Effective Date, • This Resolution shall be effective upon its adoption by the Commission and signature by the MACC Chair. ADOPTED BY THE BOARD OF COMMISSIONERS OF TILE METROPOLITAN AREA COMMUNICATIONS COMMISSION THIS 20 DAY OF NOVEMBER, 2009. Chris Bar yte, MACC Chair MAW Raololion 2009-05 Verizon/ProntierTransrer of Control • C I METROPOLITAN AREA Exhibit B COMMUNICATIONS. COMMISSION REPPESrIHHG RAUISj EIt DJ4WU FOPFSI CROVF GAStOlI HI11560NO ?IN&(ITY lARF014(GO EJIIhG�kl( IIUR11�P/A1NS A14ERGROl F_il APO 1Vl1kiIt )KOI/A5IIuI0t0tI LOU IY CAbte TV FividthE ReaulniQ7. • Tdiait dc4TW. \s Advice And Summer • Publk Commurd arroks Nemoak' PCN) Tun WTLN Wiry CON4wnMRy TV Transfer of the Verizon Cable Franchise to Frontier Communications Questions and Answers Prepared by MACC December 2009 Qi: What did Verizon sell, to Frontier? Verizon sold 14 states' "Wireline" business to Frontier. Verizon will continue to operate in Oregon and other slates to provide mobile communications and in providing telecommunications services to local businesses — but will no longer provide cable television or residential telephone service. Q2: Why did Verizon death) to leave Oregon? Verizon says that they sold the MACC area system and the others to Frontier in order to consolidate their territory and concentrate on areas where FiOS is built out or will serve more densely populated areas. Selling Oregon and the other states leaves. Verizon with a concentration of properties in the Eastern US, California, and Texas. While the FiOS build -out incomplete in our immediate area, Verizon has limited holdings in Oregon and Washington. Areas beyond the Portland and Seattle metropolitan areas were not likely to he upgraded by Verizon to FiOS anytime soon due to long cost - recovery timelines, Since Verizon says it can sell its wirclincs only on a statewide basis, they believe they have to either keep all of Oregon or sell it all. Therefore, the Northwest FiOS cable systems and residential telephone business are less valuable to Verizon. Q3: What is Frontier Communications? Frontier is ranked at Number 834 on the Fortune 1000 list (Verizon is 17), and is the 19 largest telecommunications provider in. the United States (Verizon is the second largest). Formerly Citizens Communications, the eompany currently provides service in Oregon in rural Josephine County. Frontier generally owns rural and suburban systems in the Northeast, and Western US, with Rochester, NY (pop, 220;000) as their largest system. The Verizon transaction will triple the size of the company. Frontier currently holds no cable television franchises as part of their operations. Q4: Why do local jurisdictions review the transfer? Local jurisdictions in Oregon and Washington are parties to individual contractual agreements, called franchises, to use their Rights of Way to provide cable service. The Franchise and Federal Law give jurisdictions the authority to ensure continued performance by the franchise holder— in this "cusp, assurance that Frontier Communications can deliver on the obligations of the Franchise currently held by Verizon. ' Cable television is regulated locally and at the Federal level. While there are other local and state regulations over Rights of Way access, hi Most states, only local governments have the authority to grant a cable Ranch Ise. The Franchise is subject to the authority of local decision - makers when a change of ownership occurs. QS: Can Jurisdictions decide to approve or deny the transfer on any grounds? No. The Franchise and Federal Law require that the decision be baseitOiftlie,Legal. Technical, and Financial ability of the new company to fulfill the obligations of the outgoing company. Q6: Are the MACC jurisdictions a major decision maker in this transaction? Yes. The agreement between the companies requires,lhat all governmental approvals have to be in place prior to the time the deal closes next year. In terms of cable television territory, MACC jurisdictions have more than one -third of the approximately 100,000 cable subscribers that would be transferred to Frontier — and is probably the single largest local gover decision maker to consider this issue. Q7: How would ibis - transaction affect cable television rates? A number of factors affeetcable rates, which are unregulated in the Verizon franchise. A transfer to Frontier has no specific or predictable impact on local. rates. As we discussed when granting the Verizon franchise, the :competitive pressure to restrain cable rates is usually outweighed by the industry's bizarre pricing methods (i.e., requiring the purchase or multiple channels from a provider) and the extremely high costs attributable to "indispensable" cha such as BSPN. Q8: Will customers receive the same or better treatment by Frontier? The Franchise contains substantial customer service requirements, all of which would apply to Frontier. We hope that Frontier will improve responsiveness to-customers. Our experience with Verizon has generally been positive — however, Verizon operates a centralized customer service operation which has been problematic. Frontier promises local managers with greater decentralized authority to ensure customer satisfaction. We also feel a smaller company may be more effective in handling subscriber Issues. However, Frontier has no plans to bring a new customer service center to. Oregon, nor any commitment to improve upon Verizon's limited physical presence to serve walk-in cable customers (although they will assume ownership of one Verizon's Plus Store in the Tanasbourne area). Since customer service Is an important issue to subscribers, the company providing the best service is likely to prevail in a competitive environment. 09: Will programming change? Probably. Frontier's goal is to duplicate the current Verizon channel offerings to the extent possible. It is likely, we believe, that the most popular-channels will continue to be offered. Frontier has guaranteed an condition of approving the transfer that at least 75% of the nearly 500 channels currently offered will continuo after the close of the merger. In addition, the competitive pressure applied by Cornetist's growing channel lineup will infl uence Frontier. There are dozens of content providers, and Frontier must negotiate a contract with each of them, or through a programming consortium. These negotiations are complicated and time - consuming. MACC staff Will continue to be apprised of Frontier's progress through the close of the sale. There is no ability by MACC, state or federal government to require cable companies to carry individual:commneitial channels. Competition and business models drive this decision. However, carriage 'ofour local Public, Education, and Govermment Access channels are guaranteed. Q10: What happens to Verizon's employees? Frontier has told us that it will rely on current Verizon FiOS staff to run system after the merger closes. Frontier is retaining Verizon's area customer service office (in Everett, Washington). However, Frontier will continue, as Verizon has, to rely on telephone and web -based customer service contact, as well as technician visits and parcel delivery to provide customers witli equipment Regardless of other staffing decisions, ; .Frontier must be able to.respund to:custoniers within the tiinefmtnes . in the Franchise and therefore must maintain staWmg adequate to do so. Frontierwill also be in a competitive environment, with the possible penalty of losing customers who experience poor service — whether that Is caused by staffing ratios or untrained employees. Q11: Will Frontier build -out the cable system to everyone within rho franchise area? Verizon completed the required build -out of the franchise area. There remain some unserved, mostly rural areas that are unserved by Verizon's cable system (and FiOS), There is no commitment by Frontier to servethese areas, either. However Frontier has a reputation for serving rural areas and has indicated that it might improve high -speed Internet speeds to these areas. Therefore, there is some resson to believe that at least Internet service will improve in these areas — and possibly the introduction of cable service as well. Q12: Will franchise fees be affected? Verizon currently pays almost $1;000,000 annually to MACC jurisdictions in franchise fees for use of the Public Right of Way. Frontier would pay the same rate as Verizon. However, if Frontier's business model is not as robust as Verizon's, it may lose customers. Lower subscriber rates, if selected, could reduce revenues. If Frontier elects not to offer all the advanced services that Verizon provides (e.g., pay per view), this could also reduce revenues. Again, retaining Verizon's subscribers and adding more will be essential if Frontier is to be successful in competing with Comcast and the satellite providers. Q13: Will Frontier be here'for the length of the franchise? MACC's:ability to absolutely guarantee continued competitive cable service in the MACC area is limited, given our authority under Federal Law. Nonetheless, Frontier has shown progress on every commitment MACC requested and has provided confidcntialdocumentation of financial and Infrastructure commitments. Frontier may fail, or the company may make a business decision to leave the cable business in the :future. We have taken every possible step to ensure, however, that Frontier is going to make a sincere effort to succeed. It has every reason to do so, Q14: What does this transaction mean for video competition In the MACC area? Frontier does not have the deep pockets and multiple sources of revenue that Verizonhas. The risk for MACC area subscribers is that Frontier will not be able to continue to provide all of the video services that Verizon currently offers — or that it may not be able to keep up with cutting -edge technology: Of course, there's no guarantee that Verizon can do so either. Part of the reason for Verizon to sell 14 states' business was to ensure the company's continued viability. if Frontier faits, it is likely that the MACC area will return to a single video provider (Corneast) area, as it is in 90% of the nation. Telecommunications companies, other than Verizon, have shown little interest in going head-to -head with established cable companies. While MACC believes that the Verizon experiment has been very successful here, with Verizon meeting the goals they set when we negotiated the Franchise, it may not he enough to sustain Frontier. Nevertheless, as it did prior to Verizon's entry into the market, MACC will continue to pursue local competition. Contact MACC at: 603.646.7386, or via email: fchrlst @maeeor.org, or on the web: www.maccor.org ICITY/COUNTY OF , OREGON] RESOLUTION No. A RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF THE FRANCHISEE AND OF THE CABLE FRANCHISE GRANTED TO VERIZON NORTHWEST, INC. TO FRONTIER COMMUNICATIONS CORPORATION, WITH CONDITIONS WHEREAS, the Metropolitan Area Communications Commission, hereinafter "MACC," is an intergovernmental commission formed tinder ORS Chapter 190, with the membership of Washington County and the cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, Rivergrove, Tigard and Tualatin; and WHEREAS, Verizon Northwest, Inc., a subsidiary of Verizon Communications, Inc. is the Franchisee under a Cable Franchise Agreement approved by MACC and granted by the [City /County] in 2007 for a period of 15 years; and WHEREAS, on June I, 2009 MACC and the [City /County] received a Federal Communications Commission Form 394 Application by which Verizon Communications, Inc., the corporate parent of Franchisee,. and Frontier Communications Corporation ( "Frontier" or "Transferee ") requested approval from MACC and the affected member jurisdictions of a proposed transfer of control of the Franchisee and its franchise to Frontier; and WHEREAS, following the completion of the transactions constituting the transfer of control, Frontier would assume control of the local cable operations of the Franchisee, but must also secure certain other facilities and agreements to provide a comparable cable service to that currently provided by Franchisee; and WHEREAS, Federal law and Section 11 of the Franchises authorize MACC and its member jurisdictions to review any proposed transfer of control, including the proposed transaction as described in the Application and as clarified in answers to questions presented by MACC to the Franchisee and Frontier to determine the impact on the Franchisee's ability to perform the Franchise obligations based on the legal, financial, and technical qualifications of the transferee; and WHEREAS, Section 11 of the Franchises also authorizes MACC and its member jurisdictions to condition approval of a transfer upon such terms and conditions as they deem reasonably appropriate within the legal, financial, and technical framework provided by the Franchise and federal law; and WHEREAS, MACC has reviewed the materials provided by the Franchisee and Frontier in the Application and in response to an RFI originally provided to the companies on June 25, 2009 and subsequently revisited and further investigated on numerous occasions t RESOLUTION. NO. VERIZON/FRONTIER TRANSFER OF CONTROL through October 30, and undertook additional joint review of the proposed transferee's financial qualifications in cooperation with the Mt. Hood Cable Regulatory Commission (MHCRC); and WHEREAS, MACC conducted a duly noticed public hearing concerning the proposed transfer on November 20, 2009 wherein it received public testimony and written communications; and WHEREAS, the review now being completed except for certain issues necessarily addressed in a prospective: manner through conditions, the MACC Commission adopted Resolution No. 2009 -05 recommending that the affected member jurisdictions approve the Application, provided those conditions and assurances are obtained from the companies, which Resolution is attached hereto as Exhibit A; and WHEREAS, pursuant to Section 4(E) of the MACC Intergovernmental Agreement, final approval would be granted only if all eleven affected jurisdictions also approve the Application as recommended by MACC; and WHEREAS, the [City Council/Board of County Commissioners] deems it to be in furtherance of the public interest and the welfare of its citizens to consent to the transfer request, subject to appropriate conditions. Now, therefore, BE IT RESOLVED BY THE [CITY COUNCIL /BOARD OF COMMISSIONERS]: Section 1. Legal, Technical and Financial Oualitications of the Transferee. The findings of MACC in the attached Exhibit A demonstrate that the Franchisee and Transferee have the necessary legal, technical and financial qualifications to perform the required duties under the Franchise Agreement, provided certain conditions are imposed on the proposed transfer of control. Section 2. Consent to the Transfer of Control. The [governing body] hereby consents to the transfer of control of the franchisee and of the franchise as set forth in the Federal Communications Commission Form 394, subject to the conditions set forth in Section 3, below, Section.3. Conditions to the Transfer of Control. The approval of the proposed transfer of control shall not take effect until such time as each of the following conditions is met: 1. All eleven affected MACC member jurisdictions consent to the transfer of control, as determined by MACC staff in a formal written certification. 2 RESOLUTIONNO. VERIZON/FRON'19ER TRANSFER OF CONTROL 2. The Verizon/Frontier merger transaction must close with all material terms substantially consistent with the Merger Agreement, as well as the information provided to MACC or the Mount Hood Cable Regulatory Commission (MHCRC) in public documents and responses to Requests for Information submitted by MACC and the MHCRC. 3. The Verizon/Frontier merger transaction is approved by all required federal agencies and the Oregon Public Utility Commission. 4. Franchisee, under the control of Transferee, agrees to remedy any franchise non- compliance issues, including any underpayment of franchise and PEG fees by Verizon, regardless of whether such non- compliance issues are discovered prior to or following the close of the Transfer of Control. Franchisee, under the control of Transferee, shall remain responsible for any and all Franchise requirements (including but not limited to payment of Franchise: fees and other amounts due under the Franchise, and indemnification of the Grantor as provided in the Franchise) and non - compliance issues under the Franchise or any obligation that may now exist or may later be discovered to have existed during the term of the Franchise, even if prior to the closing of this Transfer. 5. Franchisee shall comply with all valid local laws, agreements, and Franchise requirements consistent with applicable federal and state law including all terms of the MACC /Verizon Franchise Agreement. In all respects and without exception, Franchisee, under the control of Transferee agrees to continue to.abide by all terms of the existing Franchise and acknowledges that the transfer of control will not affect, diminish, impair or supersede the binding nature of the Franchise and any other valid ordinances, resolutions, and agreements applicable to the operation of the cable system in the MACC member jurisdictions. 6. In addition to the current obligations of the franchise Section 13.6, "Letter of Credit ", Franchisee, under the control of Transferee, provides and, maintains an irrevocable letter of credit or performance bond in a form acceptable to MACC in the amount of $250,000, to secure the payment of franchise fees and any penalties, for a period of five years after closing of the Verizon/Frontier merger transaction. 7. Verizon has paid MACC all reimbursement costs due as a result of review of the transfer of control application, consistent with the separate agreements concerning those costs. 8. Transferee provides current contact information for notice recipients under Section 16.5 of the Franchise. 9. Transferee provides a new Exhibit E, "Franchisee Parent Structure." 10. MACC,and its member jurisdictions' consent to the transfer of control shall not be construed'to constitute a waiver or release of any rights they may have under the 3 RESOLUTION NO. VERIZON/FRONTIER TRANSFER OF CONTROL Franchise and any separate written agreements with the Franchisee and Franchisee's lawful successors. 11. During the week ending January 15, 2010, Transferee will provide MACC with a progress report of its acquisition of content, including a listing of national and local content providers and their associated channels, and video on demand providers, with which: (1) Transferee has signed agreements; (2) Transferee has pending agreements being negotiated; and (3) Transferee is pursuing agreements. By March 31, 2010, Transferee -shall have delivered certification by a Corporate officer that it has acquired rights to distribute linear video, broadcast, and video on demand programming content from vendors, which rights: (a) include at least 75% of the channels provided by Franchisee on November 1, 2009; (b) include all nine Portland area local broadcasters; and (c) include commitments to carrying the majority of this content for a period of not less than two years. Transferee will provide MACC with &complete projected channel lineup no later than 30 days prior to the close of the transaction. 12. Transferee acknowledges these conditions of approval of the transfer of control in writing in a form and by a date acceptable to MACC. 13. Approvals granted by ;MACC and its member jurisdictions shall be valid until the Verizon/Frontier merger's°Hart- Scott - Rodino Approval ( "HSR ") expires. Currently, the HSR expires on September 1, 2010. If the merger is not completed prior to the expiration of the HSR, Verizon.and'Frohtier shall meet with MACC representatives and advise them on the status of the merger. MACC and its member jurisdictions shall consider the information provided by Verizon and Frontier and consider whether to extend the previously granted approvals. Such extensions shall not be unreasonably withheld. Section 4. Authorization..to Execute and File Resolution. The [Mayor /City Manager or Chair] and his /her designee(s) are authorized to execute and file a copy of this Resolution with MACC. ,Section 5. Effective Date. This. Resolution shall be effective upon its adoption by the [Council/Board] and approval by the [Mayor /Board Chair]. Introduced and adopted this — day of , 20_ ATTEST: [Mayor /Board Chair] [City /County] Recorder 4 RESOLUTION NO. VERIZONIFRONTIER TRANSFER OF CONTROL I\ Agenda Item # D Meeting Date January 12, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Supplemental Budget Appropriation Amending FY 2009 -10 Budget Prepared By: Carissa Collins Dept Head Approval: L City Mgr Approval: CR ISSUE BEFORE THE COUNCIL Shall City Council adopt a resolution amending the FY 2009 -10 Adopted Budget? STAFF RECOMMENDATION Adopt the recommended supplemental budget amendment. KEY FACTS AND INFORMATION SUMMARY Since the adoption of the FY 2009 -10 budget, there have been significant changes in City operations that have facilitated the need to bring forth a supplemental budget amendment to City Council. Because of the magnitude of the changes, the City is required by State law to use.t e supplemental budget process rather than a budget amendment. The major difference between the two is the level of public notice required by the supplemental budget process • In August 2009, the FCS Group completed a review of the City's engineering services. As a result of the review, a reorganization of staff and department budgets is presented along with additional costs associated with the reorganization. Approximately $1.6 million has been transferred from Community Development to Public Works to accommodate costs associated with staffing expenditures for 14.5 FTE. A total of $110,000 has been transferred from General Fund to the Central Services Fund resulting from the transfer of 1.5 FTE from Community Development to Finance and Information Services. • The $92,782 of additional expensesl.incurred as a result of the engineering services review consisted primarily of consulting services provided by FCS Group along with Transition Consulting Decisions to provide employee assistance with the transition. • Inclusive in this amendment is die recognition of the $5 million dollars of American Recovery & Reinvestment Act (ARRA) funding. The City received $4.8 million for the 10 MG Transfer Pump Station, and $230,500 from the Department of Energy for repair of the Permit Center roof. Of the $5 million dollars in funding, Tigard anticipates spending $1.73 million this fiscal year with the remainder in FY 2010 -11. • The supplemental budget includes items that needed to be carried over from the 2008 -2009 fiscal year into die current budget year. These items include $23,000 for the Microsoft Enterprise Agreement; $17,000 for payment of ammunition for the Police Department $135,629 of Park SDC funds to be utilized for the completion of design plans for the Fanno Creek Park project; and $250,000 of Traffic Impact Fees to be used for the remaining land acquisitions related to the Burnham St. project. • There are expenses totaling $198,251 that were unanticipated during the budget preparation. These items include $28,000 for the Ash Creek Forest Management program; $60,000 for the Community Tree Planting program; cost associated with the November 3, 2009 elections for the parks bond in the amount of $15,251; and $95,000 of anticipated costs for the Strategic Clarity Initiative. I , OTHER ALTERNATIVES CONSIDERED Do not approve Supplemental Budget #10 -02. CITY COUNCIL GOALS Goal 2: Implement Downtown Urban Renewal ATTACHMENT LIST Resolution Exhibit A — Schedule of Changes Attachment #1 — Amendment #10 -02 FISCAL NOTES The $1.7 million dollars related to staffing costs for 14.5 FTE in the engineering reorganization were previously budgeted and are being reappropriated from Community Development to the Public Works Department within the General Fund program. In addition, $110,000 or 1.5 FTE are being reappropriated from Community Development to the Finance & Information Services Department in relation to the engineering review. Additional costs realized as a result of the engineering review amounted to $98,782 that will be taken from the contingencies within the Central Services and General Funds. There will be a total of $1.5 million of ARRA funding recognized within the Water CIP Fund, and $230,500 in the Facilities Fund. Items carried over from the 2008 -09 fiscal year will be realized in the following funds: • General Fund - $40,000 in Beginning Fund Balance • Park SDC - $135,629 in Beginning Fund Balance • Traffic Impact Fees — $250,000 in Beginning Fund Balance All unanticipated requirements will be recognized with $95,000 from the General Fund's Beginning Fund Balance; $88,000 from the Beginning Fund Balance in the Storm Water Fund; and $63,334 of Transfers from Other Funds within the Central Services Fund. AGENDA ITEM No. 8 Date: January 12, 2010 PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before the City Council on: SUPPLEMENTAL BUDGET APPROPRIATION AMENDING FISCAL YEAR 2009 -2010 BUDGET Due to Time Constraints there is a 5- minute Time Limit on Testimony AGENDA ITEM No. 8 Date: January 12, 2010 PLEASE PRINT Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. . Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. N Name, Address & Phone No. Name, Address & Phone No. - Name, Address & Phone No. Agenda Item # £� • Meeting Date January 12, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Fourth Ouarter.2009 Council Goal Update Prepared By: ann - Ben s n Dept I -lead Approval: f C/� t � ' City Mw Approval: a ISSUE BEFORE THE COUNCIL • Fourth quarter informational update on 2009 City Council Goals. STAFF RECOMMENDATION Information only. • KEY FACTS AND INFORMATION SUMMARY Attached is a fourth quarter progress report on 2009 City Council goals. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST 1. Fourth Quarter Goal Report FISCAL NOTES N/A I: \ADM \City Council \Council Agenda Item Summaries \ 2009 \ 4th quarter goal MS 100112.doc 2009 4'h Quarter Goal Update On January 6, 2009, the City Council met to set its goals for the coming year. These goals represent those items that the Council feels deserve special attention in the months ahead. The City will accomplish much more than TI G A R D what is listed here, but we identify these to be of particular importance to our residents. 2009 Council Goals 1. Implement Comprehensive Plan a. Update Tigard zoning maps based on Comprehensive Plan Update The TSP update is nearing completion and scheduled to begin the legislative adoption process in spring 2010. The city has also been awarded a $35,000 State Periodic Review grant to fund the Economic Opportunities Analysis. The city's locally approved Periodic Review Work Program is currently being reviewed by DLCD staff for approval. The city has also partnered with Metro and received a Transportation and Growth Management Program grant to study land use along Highway 99W in anticipation of its potential as a High Capacity Transit corridor. The grant amount approved was for $192,000 and the work will be performed during the State's 2009 -11 biennium. The results of the study will provide findings and recommendations to transform Highway 99W into a higher- density, transit- oriented corridor. b. Update Tree Code to meet Comprehensive Plan During a public meeting on November 10, 2009, Council deliberated and unanimously accepted the Urban Forestry Master Plan (UFMP) through Resolution 09 -69 after making some minor modifications. This document is consistent with and supportive of the goals and policies in the Comprehensive Plan. About half of the recommendations in the UFMP are specific to tree code revisions. Prior to translating the code specific recommendations in the UFMP into development and municipal code provisions, staff will be receiving further direction from the Planning Commission and Council at a joint meeting on January 19, 2010. In preparation for this joint meeting, staff appeared before Council on November 17th and the Planning Commission on December 7th to review draft talking points to facilitate the deliberations. The separate but parallel tree grove protection program is continuing. This effort involves an inventory and analysis of the city's remaining tree groves, and the development of code provisions that require and incentivize their preservation. Property owners with identified groves must be contacted, and substantial public outreach will be necessary. As a result, this process will take longer than the tree code update and is scheduled for completion in 2012. c. Continue to lobby for light rail in 99W Corridor The High Capacity Transit (HCT) designation of the 99W /Barbur has been advanced to the System Expansion Planning (SEP) phase by the Metro HCT Technical Committee. The committee forwarded a resolution to the Joint Policy Advisory Committee (JPACT) for it to Council Goal Update 1 make this an official recommendation to the Metro Council. Once approved by Metro Council, it would initiate the SEP planning process for the 99W /Barbur Corridor. The SEP process is required by the Federal Transit Administration and is necessary to begin the.obligatory•Alternatives Analysis planning. An Alternatives Analysis Plan for 99W /Barbur HCT is a necesSary step for future federal funding. This is a significant step forward. It essentially completes the work of the Metro HCT Committee that began last year. Following expected approval of the resolution by JPACT and adoption by Metro Council, Tigard will continue to be involved in the I-ICT working groups and technical committees on several fronts. d. Develop a 50 -year aspiration goal in support of Urban /Rural Reserves Program Tigard continues to be involved with Metro and the region's other cities and counties in the final public comment period to determine what lands are needed to accommodate the region's long term growth projections (urban reserves) and those lands that should remain rural (rural reserves). The final comment period for the reserves process ends January 25, 2010. In February, it is expected that a final recommendation will go to Metro Council followed by adoption of intergovernmental agreements to officially designate urban and rural lands. 2. Implement Downtown Urban Renewal a. Move forward with Burnham Street project The Burnham Street groundbreaking ceremony was held on October 20, 2009 and construction started October 26. The contractor, Kodiak Pacific Construction, and their sub- contractor, Clopton Excavating, began sanitary sewer repairs. Next, the new Ash Avenue extension to the commuter rail parking lot was excavated and graveled. The contractor installed new storm line along thewest property line of the Stevens Marine site. The work continues in Burnham Street and Ash Avenue with storm sewer installation. The private property utility connections will be the next work on the schedule, along with the undergrounding overhead utilities. b. Complete land use regulations and design standards for the Downtown At a public hearing on October 19, 2009, the Planning Commission unanimously voted to forward a recommendation of approval of the proposed code amendment by Council. Discussions with the Oregon Department of Transportation regarding addressing the Transportation Planning Rule resulted in revisions to the proposed code. Notice was provided to affected property owners and a second Planning Commission public hearing was held on December 7, 2009. The Planning Commission once again unanimously recommended approval of the proposed code amendments by Council. City Council workshops were held on October 20 and December 15, to review the proposed code language. A third workshop will be held on January 19, 2010. The public hearing for Council to consider adoption of the proposed code scheduled for January 26, 2010. Council Goal Update 2 3. Prepare for 2010 Bond Measure for Parks, Open Spaces, and Trails A $20 Million dollar bond measure was sent to voters in November 2009 for. Parks, and Open Space acquisition & maintenance. Voter turnout for this election was low and the measure 'did • not pass. The Park and Recreation Advisory Board still supports a bond measure and will meet with City Council on January 12, 2010 to discuss options. a. Complete Parks Master Plan The Park System Master Plan (PSMP) was adopted by the Council on July 14, 2009. The input • used to develop the PSMP is posted on the City's web site at www.tigard - or.gov /psmp. The Park and Recreation Advisory Board met twice with FCS Group, the city's consultant for the Park SDC Study, to prioritize projects for the Parks SDC Study. Projects were then identified in three phases in the PSMP. The project requires information from the upcoming Trail System Master Plan Study (TSMP), expected to take place in winter of 2009 -10. The TSMP would enable SDC money to be collected and used for trails. b. Pursue Fanno Park and Downtown Plaza property acquisition These projects are on hold pending funding determination. In addition to the site identified in the Fanno Creek Park and Master Plan, staff will evaluate additional opportunities for public space sites in the Downtown. 4. Continue supporting the Legislature in addressing the financial needs of Oregon state and local governments. Over the fourth quarter, Mayor Dirksen met with Mayors and Metro leaders to discuss common goals and plans for transportation issues and the Urban & Rural Reserve Process and its effect on Tigard. The Mayor, City Manager and Assistant City Manager maintained contact with the city's legislative delegation on key issues surrounding funding for a 99W light rail alternatives analysis and funding. Staff met with City Council on December 9, 2009 to discuss legislative priorities for the upcoming February 2010 interim Legislative session. Council Goal Update 3