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City Council Packet - 06/08/2010 11 • TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING June 8, 2010 COUNCIL MEETING WILL BE TELEVISED I:1Ofs\Donna\Ccpktl 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov 1 City of Tigard ipi Y! ' d - 4' Tigard Business Meeting - Agenda ' cTlGARD� TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) & CITY CENTER DEVELOPMENT AGENCY (CCDA) ) MEETING DATE: June 8, 2010 MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: . Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign -in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503- 639 -4171, ext. 2410 (voice) or 503 -684 -2772 (I'DD - 'Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503 -639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (I'DD - Telecommunications Devices for the Deaf). CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL /LCRB /CCDA AGENDA — June 8, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I v, w.tigard- or.gov I Page 1 of 9 : , - "" City of Tigard b -' ,., Tigard Business Meeting - Agenda tliGARIT TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) & CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE /TIME: June 8, 2010/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW I -tall Blvd., Tigard, OR 97223 6:30 I'M • STUDY SESSION • City Center Development Agency - Review City Center Advisory Commission Recommendation for Downtown Urban Renewal Relocation Policies — Community Development Department ➢ City Center Development Agency — Review of City Center Advisory Commission (CCAC) Recommendation on Using Urban Renewal Funds to Offset Cost of Temporary Use Permits for Downtown Businesses — Community Development Department Discuss Oregon Department of Transportation Variable Message Sign on Pacific Highway — Public Works Department ➢ Introduction to Agenda Management Software Application, AgendaQuick — City Recorder i Administrative Items: o Agenda Item 3.6 — See attached for changes to the "Memorandum of Understanding," which has be renamed "Subrecipient Agreement for Public Improvement Projects..." o Tigard Tualatin Relay for Life — July 17 -18 (10 a.m. to 10 a.m.) — Tualatin High School Football field. See attached communication from Julie Hajduk. • 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. 7:30 I'M 1. BUSINESS MEETING 1.1 Call to Order - City Council, Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non - Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Citizen Communication — Sign Up Sheet • Follow -up to Previous Citizen Communication TIGARD CITY COUNCIL /LCRB /CCDA AGENDA — June 8, 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 9 7:40 I'M 3. CONSENT AGENDA: (Tigard City Council and Local ContractReview Board) These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes: a. March 30, 2010 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Appointment of John Storhm to Fill Remaining Library Board Term of Resigning Member Karen Levear and Grace Amos to Temporarily Fill Vacant Scat of Library Board Member Scott Hancock, Deployed by the United States Military Until May 2011 — Resolution No. 10 -25 A RESOLUTION APPOINTING JOHN STORHM, LIBRARY BOARD MEMBER, TO FILL THE REMAINING TERM OF RESIGNING MEMBER KAREN LEVEAR AND APPOINTING GRACE AMOS, CURRENT LIBRARY BOARD ALTERNATE, TO FILL THE POSITION TEMPORARILY VACATED BY SCOTT HANCOCK DUE TO MILITARY DEPLOYMENT 3.4 Approve 2010 Application to the Department of Justice for an Edward Byrne Mel Justice Grant 3.5 Approve Grant Application to the Department of Justice for the Community Oriented Policing Services (COPS) I -Iiring Recovery Program Grant. 3.6 Approve Mctnora adum of Und<rstanding Sub - recipient Agreement for Public Improvement Projects with the Hall Boulevard Improvements LLC for the Pass through of Federal Community Development Block Grant Funds 3.7 Approve Borrowing Authority to Finance Road Projects - Res. No. 10 -26 A RESOLUTION OF THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, APPROVING A BORROWING TO FINANCE ROAD PROJECTS 3.8 Approve Budget Amendment #10 -03 to Receive Grant Funds for Fiscal Year 2010 - Res. No. 10 -27 A RESOLUTION TO APPROVE BUDGET AMENDMENT #10 -03 TO RECOGNIZE RECEIPT OF GRANT REVENUES AND MAKE CORRESPONDING APPROPRIATIONS IN THE GENERAL FUND AND WATER FUND FOR COMMUNITY DEVELOPMENT, COMMUNITY SERVICES, AND PUBLIC WORKS DEPARTMENTS FOR FISCAL YEAR 2010 3.9 Local Contract Review Board: Award Contract for Natural Resource /Planning Consultant to Assist in Developing an Incentive -based Tree Grove Preservation Program • Consent Agenda - Items Removed for Separate Discussion: AIy items requested to he remover/from the Consent Agenda for separate discussion will be considered immediately after the Council/ Local Contract Review Boardl City Center Development Agency has voted on those items which do not need discussion. TIGARD CITY COUNCIL /LCRB /CCDA AGENDA — June 8, 2010 City of Tigard I 13125 SW Hall Blyd., Tigard, OR 97223 503- 639 -4171 I ww.tigard- or.gov I Page 3 of 9 7:45 Pm 4. PUBLIC HEARING — CONSIDER A RESOLUTION CERTIFYING THE CITY PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES a. Open Public Hearing b. Summation by Finance & Information Services Department c. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 10 -28 Council Member: I move for adoption of Resolution No. 10 -28 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the resolution? City Recorder: RESOLUTION NO. 10 -28 —A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE - SHARED REVENUES Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 10 -28, please say "aye." Mayor /Councilors Mayor: All those opposed to adopting Resolution No. 10 -28, please say "nay." Mayor /Councilors Mayor: Resolution No. 10 -28 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes = failure to pass. TIGARD CITY COUNCIL /LCRB /CCDA AGENDA — June 8, 2010 City of Tigard I 13125 SW I -fall Blvd., Tigard, OR 97223 I 503 -639 -4171 I www.tigard- or.gov I Page 4 of 9 7:50 PM 5. PUBLIC HEARING - CONSIDER A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE SHARED REVENUES a. Open Public Hearing b. Summation by Finance & Information Services Department c. Public Testimony d. Staff Recommendation c. Council Discussion E. Close Public Hearing g. Council Consideration: Resolution No. 10 -29 Council Member: I move for adoption of Resolution No. 10 -29 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the resolution? City Recorder: RESOLUTION NO. 10 -29 — A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 10 -29, please say "aye." Mayor /Councilors Mayor: All those opposed to adopting Resolution No. 10 -29, please say "nay.' Mayor /Councilors Mayor: Resolution No. 10 -29 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes = failure to pass: TIGARD .CITY COUNCIL /LCRB /CCDA AGENDA — June 8, 2010 City of Tigard I 13125 S \V Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard- or.gov I Page 5 of 9 7:55 PM 6. PUBLIC HEARING - ADOPT CAPITAL IMPROVEMENT PROGRAM FOR 2010 -2015 a. Open Public Hearing b. Summation by Finance & Information Services Department c. Public Testimony d. Staff Recommendation e. Council Discussion E. Close Public Heating g. Council Consideration: A motion to adopt the 2010-2015 Capital Improvement Program with adjustments recommended by staff. 8:05 PM 7. CONSIDER A RESOLUTION ADOPTING CITYWIDE MASTER FEES AND CHARGES SCHEDULE, WHICH REPLACES RESOLUTION NO 09 -44 AND ALL SUBSEQUENT AMENDMENTS a. Staff Report: Finance & Information Services Department b. Council Discussion c. Council Consideration: Resolution No. 10 -30 Council Member: I move for adoption of Resolution No. 10 -30 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the resolution? City Recorder: RESOLUTION NO. 10 -30 — A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE WHICH REPLACES RESOLUTION NO. 09 -30 AND ALL SUBSEQUENT AMENDMENTS TO DATE Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 10 -30, please say • `aye. , ' Mayor /Councilors Mayor: All those opposed to adopting Resolution No. 10 -30, please say "nay." Mayor /Councilors - Mayor: Resolution No. 10 -30 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes = failure to pass. TIGARD CITY COUNCIL /LCRB /CCDA AGENDA — June 8, 2010 City of Tigard I 13125 SW Hall Bkd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard- or.gov I Page 6 of 9 8:15 PM 8. PUBLIC HEARING - CONSIDER A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060 (2) FOR FISCAL YEAR 2010 -2011 a. Open Public Heating b. Summation by Finance & Information Services Department c. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 10 -31 (with adjustments recommended by staff) Council Member: I move for adoption of Resolution No. 10 -31 Council Member: I second the motion Mayor: Will the City Recorder please read the number and tide of the resolution? City Recorder: RESOLUTION NO. 10 -31 — A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE AD ' VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2010 -11 Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 10 -31, please say "aye. " Mayor /Councilors Mayor: All those opposed to adopting Resolution No. 10 -31, please say "nay." Mayor /Councilors Mayor: Resolution No. 10 -31 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie noes= firiIure /0 pass. TIGARD CITY COUNCIL /LCRB /CCDA AGENDA — June 8, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -639 -4171 I www.tigard- or.gov I Page 7 of 9 Recess City Council Meeting (Motion by Council) Convene City Center Development Agency (CCDA) Meeting; approximately 8:40 PM • Call City Center Development Agency to Order: Chair Dirksen • Roll Call: Chair and Board Members of City Center Development Agency 8:40 PM 9. APPROVE A RESOLUTION ADOPTING THE FISCAL YEAR 2010 -11 BUDGET, MAKING APPROPRIATIONS, AND IMPOSING AND CATEGORIZING TAXES a. Open Public Hearing b. Summation by Finance & Information Services Department c. Public Testimony d. Staff Recommendation e. CCDA Discussion f. Close Public Hearing g. CCDA Consideration: Resolution No. 10 -01 CCDA Board Member: I move for adoption of Resolution No. 10 -01 CCDA Board Member: I second the motion Chair: Will the City Recorder please read the number and tide of the resolution? City Recorder: CCDA RESOLUTION NO. 10 -01 —A RESOLUTION ADOPTING THE FISCAL YEAR 2010 -11 BUDGET, MAKING APPROPRIATIONS, AND IMPOSING AND CATEGORIZING TAXES Chair: Is there any discussion? Chair: (after discussion) All those in favor of adopting Resolution No. 10 -01, please say Chair/ CCDA Board Members: Chair: All those opposed to adopting Resolution No. 10 -01, please say "nay.' Chair /Councilors Chair: Resolution No. 10 -01 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the CCDA members present. Note: Tie votes = jailiuv to pass. TIGARD CITY COUNCIL /LCRB /CCDA AGENDA — June 8, 2010 City of Tigard I 13125 Sys/ 1 -Tall Blvd., Tigard, OR 97223 I 503 -639 -4171 I www. tigard- or.gov I Page 8 of 9 8:45 PM 10. REVIEW AND APPROVE THE FY 2010 -11 DOWNTOWN REDEVELOPMENT WORK PLAN • Staff Report: Community Development Department Adjourn City Center Development Agency (CCDA) Meeting (Motion by CCDA) Reconvene City Council Meeting 9:00 PM 11. HEARING — CONSIDER REMOVAL OF PLANNING COMMISSIONER REX CAFFALL Staff Report: Community Development Department Potential resolution: Council Member: I move for adoption of Resolution No. 10 -32 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the resolution? City Recorder: RESOLUTION NO. 10 -32 — A RESOLUTION REMOVING REX CA FALL FROM THE TIGARD PLANNING COMMISSION FOR MISCONDUCT PER TIGARD MUNICIPAL CODE 2.08.030 Mayor: Is•thcre any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 10 -32, please say "aye." Mayor /Councilors Mayor: All those opposed to adopting Resolution No. 10 -32, please say "nay. Mayor /Councilors Mayor: Resolution No. 10 -32 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie voter = failure to pars. 9:10 PM 12. COUNCIL LIAISON REPORTS 13. NON - AGENDA ITEMS 14. 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. 9:15 I'M 15. ADJOURNMENT I:\ ADM \CATHY \CCA\2010 \100608 Business).doc TIGARD CITY COUNCIL /LCRB /CCDA AGENDA — June 8, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I wnw.tigard- or.gov I Page 9 of 9 C • r. City of Tigard T1G Study Session - Agenda TIGARD CITY COUNCIL CITY CENTER DEVELOPMENT AGENCY LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: June 8, 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 6:30 PM • STUDY SESSION • City Center Development Agency - Review City Center Advisory Commission Recommendation for Downtown Urban Renewal Relocation Policies — Community Development Department • City Center Development Agency — Review of City Center Advisory Commission (CCAC) Recommendation on Using Urban Renewal Funds,to Offset Cost of Temporary Use Permits for Downtown 13ussinesses — Community Development Department • Discuss Oregon Department of Transportation Variable Message Sign on Pacific Highway — Public Works Department • Introduction to Agenda Management Software Application, AgendaQuick — City Recorder • Administrative Items: ✓ Agenda Item 3.6 — Sec attached for changes to the "Memorandum of Understanding," which has been renamed "Subrecipient Agreement for Public Improvement Projects..." V Agenda Item 8 — Tigard City Council • Technical Adjustments 1 -8 (sent in the 6 /4/2010 Council Newsletter) • Technical Adjustment 9 — As of June 8, 2010 ✓ Agenda Item 9 — Tigard City Center Development Agency • Technical Adjustment 1 ✓ Tigard Tualatin Relay for Life — July 17 -18 (10 a.m. to 10 a.m.) — Tualatin High School Football field. See attached communication from Julie Hajduk. • 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 makingany final decision. Executive Sessions are closed to the public. Council Calendar: June 8 Tuesday Council Study Session /Business Meeting — 6:30/7:30 pin, Red Rock Creek Conference Room /Town Hall 15 'Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 22 Tuesday Council Study Session /Business Meeting — 6:30/7:30 pin, Red Rock Creek Conference Room /Town Hall TIGARD CITY COUNCIL STUDY SESSION AGENDA — May 11, 2010 City of Tigard 13125 SW 1 -Tall Blvd., Tigard, OR 97223 503 - 639 -4171 www.tigard-or.gov � Executive Session — The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is 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 mecha can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660 (2) (I) - 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 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) l)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. 1: \ ADM \CATHY \CCA SS - PINK SHEET\20I0 \10051 I.doc TIGARD CITY COUNCIL STUDY SESSION AGENDA - May 11, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -639 -4171 I www.figard-or.gov Agenda Item # SA C d ' rL Meeting Date June 8, 2010 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda "Title Review CCAC Recommendation for Downtown Urban Renewal Relocation Policies Prepared By: Sean Farrelly Dept Head Approval: / ��I City Mgr Approval: • ISSUE BEFORE THE•CITY CENTER DEVELOPMENT AGENCY Review CCAC recommendation for Downtown Urban Renewal relocation policies. STAFF RECOMMENDATION Staff recommends that the City Center Development Agency's relocation policies mirror the Uniform Relocation Act and ORS 35.500 - 35.530, (to be adopted at a,subsequent meeting). KEY FACTS AND INFORMATION SUMMARY The City Center Urban Renewal Plan authorizes the City Center Development Agency to purchase property from•willing sellers. The Urban Renewal Plan also specifies that before the Agency acquires any property, it must adopt relocation regulations. These policies have not yet been adopted. Oregon and Federal Law Oregon State Law ORS 35.500 to 35.530 governs relocation payments and assistance to persons or businesses displaced by public entities, including urban renewal agencies. This law states that the relocation of residences, businesses, and non - profits be accomplished in accordance with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act ( "the Uniform A ct "). The Act details a list of compensation that must be paid by public entities when tenant relocation is needed due to property acquisition. City of Tigard Relocation Policies The City of Tigard currently does not have an adopted relocation policy, but it has purchased properties for road or park projects that required relocation of tenants, it has conformed to ORS 35.500 - 35.530 and the Uniform Act. For. example, in the case of the Zubcr property (which was purchased by the City for the construction ofthe Burnham Street /Ash Avenue project), the tenants of the building received assistance in finding new locations and were paid actual relocation expenses, as well as money needed to reestablish their businesses, as is required under the Uniform Act. City Center Development Agency Relocation Policies As set forth in the Urban Renewal Plan, when a voluntary sale to the Agency is made, and the tenants (business or residents) need to he relocated, they are entitled to relocation benefits. Staff recommends that the City Center Development Agency's relocation. policies mirror the Uniform Relocation Act and ORS 35.500i5.530. Among the urban renewal agencies whose relocation policies minor the Uniform Relocation Act are the Portland Development Commission, "Tualatin, Wilsonville, Bend, and Springfield. The CCAC recommended that the CCDA •adopt policies consistent with ORS 35.500 — 35.530. The City Attorney has determined that the CCDA can adopt the - regulations pertaining to the Relocation of Displaced Persons, at ORS 35.500 — 35.530, in its entirety and any subsequent amendments thereto, as it relocation policy. The relocation policies would also specify that a displaced business owner or resident who disagreed with the amount of compensation could also appeal the decision to the CCDA, who would review the decision and could provide additional compensation if circumstances warranted. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Goal 2: Implement Downtown Urban Renewal ATTACHMENT LIST Attachment 1: Summary of residential and business relocation benefits required under ORS 35.500- 35.530. Attachment 2: Oregon Revised Statutes 35.500- 35.530 FISCAL NOTES Any relocation benefits required as the result of CCDA property purchase would be paid with urban renewal funds. The FY 2010 -11 CCDA budget has a line item "Opportunity Fund" from which this could be paid. irerpintcouneal mmenms12010'5 -e -10 ens relocation pobcies.docx Attachment 1 Summary of Residential Relocation Benefits .Required Under ORS 35.50 -530 and the Uniform,Ac't A. For all households, the cost of the move including packing by a professional mover or a cash payment based on a fixed residential moving cost schedule. B. For residential tenants. 1. A rent differential_payment based on the difference between the current rent and the rent for a comparable replacement unit -for 42 months. Generally this payment inay not exceed $5,250, but could be more based on individual circumstances such as affordability of the replacement housing for low income tenants. 2. As an alternative. to -a rent differential payment, a down payment assistance payment to be applied towards the purchase of a replacement dwelling. Generally this payment will not exceed $5,250 unless justified by individual circumstances. C. For residential owner occupants. 1. A purchase price differential of the amount between the acquisition price of the current dwelling and the cost of a comparable.replacement dwelling. 2. A mortgage interest differential payment for increased financing or interest costs incurred because of:purchasing a replacement dwelling. 3. Payment of incidental closing costs on the purchase.of aereplacement dwelling. 4`. This payment to owner occupants generally will not:exceed.$22,500 unless justified by individual circumstances. Summary of Business Relocation Benefits Required Under ORS 35.50 -530 and the Uniform Act I. Option 1 - A payment for actual reasonable moving expenses: A. Transportation of personal.property to a replacement site. B. Packing and unpacking of personal property. C. Disconnection, dismantling, reassembling and reinstalling relocated machinery, equipment and other personal property. D. Disconnection and reconnection of personal property to available utilities. E. Storage of personal property for up to 12 months. F. Insurance premiums covering loss or damage to personal property during move. G. Cost of licenses, permits, fees or certifications necessitated by the move. H. Re- lettering signs and printing replacement stationery and other printed matter made obsolete by the move. I. Compensation for direct loss of personal property not relocated, but not to exceed its present fair market value or the estimated cost of moving :it, whichever is less. J. Purchase and installation cost of substitute equipment, not to exceed the cost of the replacement item or the estimated cost of moving it, whichever is less. K. Expenses incurred in searching fora replacement location subject to a maximum of 52,500. L. Impact fees .or one time assessments for anticipated heavy utility usage. M. Professional services necessary for planning the move. N. Professional services for feasibility and marketing studies of a replacement site. O. Reestablishment expenses subject to a maximum of $10 for - certain expenses not coveted by the actual moving expense payment above in sections A through N. The reestablishment expense payment may include such costs as increased rent, increased taxes, redecoration costs, advertising, or repairs or improvements to the replacement site. As an alternative a business may choose this alternative II. Option 2 - A fixed payment as an alternative to the payments as outlined above in section I for moving and reestablishment expenses. This payment will equal the average annual net earnings of the business, but not less than $1,000 nor more than $20,000. A business may receive this fixed payment or a payment for actual reasonable moving expenses but not both. Attachment 2 Oregon Revised Statutes 35.500- 35.530 RELOCATION OF DISPLACED PERSONS 35.500 Definitions for ORS 35.500 to 35330. As used in ORS 35.500 to 35.530: (1) "Displaced person" means any person who moves, or is required to move the person's residence and personal property incident thereto, or the person's business or farm operation as a result of: (a) Acquisition of the real property, in whole or in part, by a public entity; or (b) Receipt of a written order by such person from a public entity to vacate the property for public use. (2) "Federal Act" means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646, 42 U.S.C. 4601 et seq.) as in effect on January 1, 2003. (3) "Public entity" includes the state, a county, a city, a consolidated city- county as defined in ORS 199.705 (1), a district, public authority, public agency and any other political subdivision or public corporation in the state when acquiring real property or any interest therein for public use. "Public entity" also includes a private corporation that has the power to exercise the right of eminent domain. (4) "Public use" means a use for which real property may be acquired by a public entity as provided, by law. (5) "Real property" or any interest therein includes tenements and hereditaments, and includes every interest, freehold.and chattel, legal and equitable, present and future, vested and contingent, in such tenements and hereditaments. [Formerly 281.045] 35.505 Relocation within neighborhood; notice prior to move; costs and allowances. (1) A public entity undertaking urban renewal or neighborhood development shall make all reasonable efforts to insure that all displaced persons shall have the option to relocate within their urban renewal or development neighborhood or area and shall not be displaced, except temporarily as required by emergency, until appropriate residential_ units shall become available to them within their neighborhood or area and within their financial means, (2) Except as required by emergency, no displaced person shall be required to move from any real property without first having written notice from the public entity at least 90 days prior to the date by which the move is required. In no case shall any displaced person be required to move until the public entity notifies the person in writing of all costs and allowances to which such person may become entitled under federal, state or local law. [Formerly 281.0553 35.510 Duties of public entities acquiring real property. Whenever any program or project is undertaken by a public entity which program or project will result in the acquisition of real property, notwithstanding any other statute, charter, ordinance, or rule or regulation, the public entity shall: (1) Provide fair and reasonable relocation payments and assistance to or for displaced persons as proyided under sections 202, 203, 204 and 206 of the Federal Act; (2) Provide relocation assistance programs offering" to displaced persons and others occupying.propertyiimmediately adjacent to the real property acquired the services described in section 205 of the Federal Act on the conditions prescribed therein; (3) In acquiring the real property, be guided.byathe land acquisition policies in sections 301 and 302 of the Federal Act; (4) Pay or reimburse property owners for necessary expenses as specified in sections 303 and 304 of the Federal Act; (5) Share costs of providing payments and assistance with the federal government in the manner and to the extent required by sections 211 (a) and (b) of the Federal Act; and (6) Appoint such officers enter into such contracts, utilize federal funds for planning and providing comparable replacement housing and take such other actions as may be necessary to comply with the conditions and requirements of the. Federal Act. [Formerly 281.060] 35.515 Required disclosures for business and farm operations. To be eligible for the payment authorized by ORS 35.510, a business or farm operation must make its state income tax returns and its financial statements and accounting records available for audit for confidential use to determine the payment authorized. [Formerly 281.070] 35.520 Decision on benefits; hearing; review. Any person who applies for relocation benefits or assistance under ORS 35.510 shall receive the public entity's written decision on the application, which shall include the statement of any amount awarded, the statutory basis for the award and the statement of any finding of fact that the public entity made in arriving at its decision.. A=person aggrieved by decision shall be entitled to a hearing substantially of the character required by ORS 183.4,13 to 183.470, unless federal, state or local law provides otherwise. Notice required by ORS 183.415 must be served within 180 days of the receipt of the written decision.by the aggrieved party. The decision of the public entity shall be reviewable pursuant to ORS 183.480. [Formerly 281.085; 2007 c.288 §5] 35.525 Construction. Nothing in ORS 35.510, 35.515 or 35.520 shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to May 7, 1971. [Formerly 281.090] 35.530 Federal law controls. If a public entity is receiving federal financial assistance and is thereby required to comply witbapplicable federal laws and regulations relating to relocation assistance, such federal laws and regulations shall control should there be any conflict with ORS 35.500 to 35.530. [Formerly 281.105] Agenda Item # 54,74 refs-,0 i,„ Meeting Date June 8, 2010 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon • Issue/Agenda Title Review of Ci Center Adviso r Commission CCAC Recommendation on Usin_ Urban Renewal Funds to Offset Cost - of Temporary Use Permits for Downtown Businesses Prepared By: Sean Fancily Dept Head Approval: ' fl City \Igr Approval: ISSUEBEFORE THE CITY CENTER DEVELOPMENT AGENCY Review CCAC recommendation and provide direction to staff on proposed alternatives. STAFF RECOMMENDATION Discuss with staff and provide direction. KEY FACTS AND INFORMATION SUMMARY On April 13, 2010, staff briefed the CCDA on the possibility of using.urban renewal funds to subsidize temporary use•fees for special events put by Downtown businesses. The reason was that events such as these, while benefiting private - businesses, also attract new visitors to the Downtown and can play a role in marketing Main Street. CCDA directed staff to take the proposal for feedback from the City Center Advisory Commission. At their May meeting, the CCAC recommended against this use of urban renewal funds. Rather than using urban renewal funds they suggested: 1) The City should re- examine its and fees (Citywide) for existing businesses who put on special events; 2) As the City already has made a policy decision to provide a special exemption for Tigard -based anon - profits from temporary use fees (for example, the Balloon Festival), the City should consider a fee exemption or reduction on the special events put on by existing businesses •in the Downtown (without using urban renewal funds). CCDA may wish to consider the following options: 1) Approve the use of urban renewal funds to subsidize temporary fees as originally proposed; '2) Revise the fee schedule so that the 1" temporary use permit for an existing Downtown business in a calendar year is full price, but applications for additional temporary uses that have the same site plan is a reduced fee (such as $50); 3) Exempt existing businesses in the Downtown from the Temporary Use Fee (a permit will still be required). Options 2 and 3 would require amending the Master Fee Schedule (a Council action). OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Goal 2: Iinplement Downtown Urban Renewal ATTACHMENT LIST None FISCAL NOTES The Temporary Use Permit Fee is currently $304 on the 09/10 Fee Schedule. The fiscal impact on the budget would depend on the number of qualifying temporary uses applying in the fiscal year. In 2009, only one existing Downtown business:applied for a temporary use permit (and the same business was the only existing business in the City to apply for more than one - temporary use permit), so the.impact on the General Fund would likely be well under $1000. 1.1rym\xunca metedeis\20ID\8 -e -10 xis temp use tees daex Agenda Item # SIad'i Sea ioq Meeting Date June 8, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide: Otiegi. Depainnent of Transportation Variable Me ssage Sign on Pacific I Iw} between Hall Blvd and Greenburg Rd Prepared By: Mike McCarthy Dept Head Approval: (?/ City Mgr Approval: L' ISSUE BEFORE THE COUNCIL The Oregon Department of Transportation (ODOT) is planning to place a Variable Message sign (VMS) for northbound traffic on Pacific Hwy approaching the Hwy 217 interchange. Some concerns about this sign have been raised to ODOT at the staff level and by Councilor Wilson; however ODOT is moving ahead with installation plans. Does Council wish to take a position regarding the installation of this sign? STAFF RECOMMENDATION Staff recommends that Council review this proposed sign and location and decide whether or not to take a position regarding its installation. KEY FACTS AND INFORMATION SUMMARY 1) This sign is part of a larger ODOT project to improve driver notification on area highways. The sign would be used to inform drivers of major issues, such as traffic accidents or road construction, typically on major highways such as Hwy 217 and I -5. This notification would benefit many Tigard citizens. 2) ODOT's desire is to locate the sign where it will be clearly visible to as many drivers on Pacific Hwy northbound approaching Hwy 217 as possible. 3) The proposed sign would be approximately 4' high by 9' wide with an electronically variable display, mounted on a mastarm pole extending over the northbound travel lane of Pacific Hwy. The sign would be approximately 300 feet east of the Greenburg Rd /Main St intersection. The attachments include a photo of a similar sign and a plan showing the sign location 4) Staff has some concerns about the sign location with other items (signals, signs, businesses, lane changes, etc.) competing for driver attention in that area, the amount of time drivers would have to read the sign after they get around the curve, and the effects of drivers slowing to read the sign and driving less efficiently in this capacity - critical area. 5) Staff also has concerns about the appearance of the sign and its potantial effects on the attractiveness and developability of the area. OTHER ALTERNATIVES CONSIDERED Council could choose to accept the sign installation, take no position regarding the sign, push for a different location, or oppose the sign installation completely. CITY COUNCIL GOALS Long-Term — Continue to pursue opportunities to reduce traffic congestion ATTACHMENT LIST 1) Photograph of a similar sign (on Powel113lvd near SE 78t Ave) and sketch sign elevation 2) Plan view showing installation location. FISCAL NOTES The cost of the planned project will be borne by ODOT. I f the City pushes for another sign location, ODOT may ask for contributions towards any additions to the project cost. • Attachment 1 F� , , ti, - . r 1 i• aliciniiiii- f w` Yr l ei'_ 4 a L • i '' � - w -te i`. 3 .t I Type t Structure " LA" Arm Length Post see Avg. #ITS -xxx i I ko j l aing - a 211======="1 If L9'aL___il c E e iY ; k iay. • / — Fog line -- _ _ fl. xx.xx • • 16' - 6 %p" 1 LI Shaft Founeetion, t l see Arg. •ITS -xxx L!J se 1 • Field verify. Tcp of concrete. N 4-I C G.) P U VMS INSTALLATION PLAN r co -I-; OR 99W PACIFIC HIGHWAY WfST, M.P. 8.88 c \I k V.::0 : 4/ 1— L ° I ao 0o a na FEET \'\ — — , I ' � I ce \_ _ 1 1 -f I I - -- 1 j 40R-99W Pacific Hwy. West • t °.m? l e ir I :i '::..: �.�. --c 4710 .___ ! / - ... 11 0 � \ L EGE ND Y - () Retain and (doled! existing case monied set. /ce cabinet TO Pt / h 'A • // /lX Al I 0 \ Install 22",12".(12" Imin.dimension) • / - \ precast concrete Junction box o .>_ Pt N j O InslalllN =numperldnIGtaWG wire siz91ly0e rNNN wires 0: - m �� N / install only pull (225 rtnnmin.strengIm ® In51aRSsizesinch electricalconduit 0 Retain and protect existing Model2mo controller and Akan 332 cannel r OREGON DEPARTMENT OF TRANSPORTATION dl4 IRAFnc • ROADWAY sECnoN SITE 5 W DAVID EVANS AND ASSOCIATES INC. 0 2010 ITS URBAN AND RURAL CORRIDOR SEC. VARIOUS HIGHWAYS VARIOUS COUNTIES o INSTALL ATION PLAN .,. ,.e.. 175 -5 I — P; A0A000 \Shoe 15910920112.011 1 j/12/2 010 9:11:21 AM mpg Agenda Item # Study Session Meeting Date June 8, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Introduction to A enda Mana:ement Software A licadon Agenda trick (� Prepared By: Cathy Wheatley lv d Dept Head Approval: f City Mgr Approval: e ISSUE BEFORE THE COUNCIL A presentation on the implementation of the Agenda Management Software, AgendaQuick. STAFF RECOMMENDATION No action'necessary. This is an opportunity for an introduction of th•softWare and for Council to ask questions of staff. KEY FACTS AND INFORMATION SUMMARY • Staff followed established procedures to identify a vendor and selected Destiny Software's product, AgendaQuick, to provide an automated solution to create, approve and track items for public meetings including the following: agendas, future agenda scheduling reports, staff reports, ordinances, resolutions, exhibits, maps, electronic documents from a variety of sources, minutes, and follow -up /tracking of post - meeting assignments. • Basic requirements requested for this software included the following: o The solution can be used for multiple City of Tigard public meetings (i.e., City Council, Planning Commission, Budget Committee and others). o The solution must include a workflow procedure to allow configuration of multiple workflows. Workflows must support .processes set at department levels as well as organizational workflows that drive items between departments. The system must allow for select users to override configured workflows as needed. • Staff responsible for assembling the City Council and Planning Commission meeting materials have gone through extensive training and worked on the configuration of the workflow elements of the software. • Software implementation is to commence with the July 13, 2010, City Council meeting packet materials. • Beginning July 13, this new software will provide faster City Council packet download from the City's website along with enhanced searching features allowing users to locate specific agenda topics or meeting dates. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS 4. Advance Methods of Communication a. External: Develop communication strategy and methods in support of city goals. ATTACHMENT LIST None FISCAL NOTES Software purchase price, including two days of onsite training and the first year's maintenance fee, was $17,450. Beginning in the second year, there will be a maintenance fee of $3,500 per year. Total amount budgeted was $38,000 for the first year with .$8,000 estimated for ongoing annual maintenance fees. I:ACitywideACouncil Packets\ Packet 'IUV 100608V Agenda Management MS for Study Session.doc • Agenda Item # Study Session Meeting Date tune 8, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Introduction to A_enda Mana• -ment Software � / V 4 �re A. lication Agenda•uick Prepared By: Cathy Wheatley Dept Head Approval: �J(� City Mgr Approval: lg ISSUE BEFORE THE COUNCIL A presentation on the implementation of the Agenda Management Software, AgendaQuick. STAFF RECOMMENDATION No action necessary. This is an opportunity for an introduction of the software and for Council to ask questions of staff. KEY FACTS AND INFORMATION SUMMARY • Staff followed established procedures to identify a vendor and selected Destiny Software's product, AgendaQuick, to provide an automated solution to create, approve and track items for public meetings including the following agendas, future agenda scheduling reports, staff reports, ordinances, resolutions, exhibits, maps, electronic documents from a variety of sources, minutes, and follow -up /tracking of post - meeting assignments. • Basic requirements requested for this software included the following: o The solution can be used for multiple City of Tigard public meetings @.e., City Council, Planning Commission, Budget Committee and others). o The solution must include a workflow procedure to allow configuration of multiple workflows. Workflows must support processes set at department levels as well as organizational workflows that drive items between departments. The system must allow for select users to override configured workflows as needed. • Staff responsible for assembling the City Council and Planning Commission meeting materials have gone through extensive training and worked on the configuration of the workflow elements of the software. • Software implementation is to commence with the July 13, 2010, City Council meeting packet materials. • Beginning July 13, this new software will provide faster City Council packet download from the City's website along with enhanced searching features allowing users to locate specific agenda topics or meeting dates. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS 4. Advance Methods of Communication a. External: Develop communication strategy and methods in support of city goals. ATTACHMENT LIST None FISCAL NOTES Software purchase price, including two days of onsite training and the first year's maintenance fee, was $17,450. Beginning in the second year, there will be a maintenance fee of $3,500 per year. Total amount budgeted was $38,000 for the first year with $8,000 estimated for ongoing annual maintenance fees. 1: \ Citywide \Council Packets \ Packet '10 \100608 \Agenda Management MS for Study Session.doc h anses - A Te.rwtcu, , laul The Knoll at Tigard Consent Agenda Item Please note the following changes to the Council Agenda Item Summary and accompanying attachment under the June 8 Agenda Item 3.6, "Approve Memorandum of Understanding with the Hall Boulevard Improvement LLC . . ." As requested the County, "Memorandum of Understanding" (MOU) has been deleted from the agreement title. This is because the MOU designation federally is used for non - financial agreements only. The document title now reads "Subrecipient Agreement for Public Improvement Projects ... " Community Partners for Affordable Housing has replaced Hall Boulevard LLC as a party to the agreement. This is because the LLC is not legally incorporated as a non- profit 503c corporation. Only non - profit organizations are subrecipient- eligible under HUD Community Development Block Grant rules. HUD requested the addition of language, under page 11, Section 9.E and page 16, Exhibit B.3, respectively related to the City inspection of work and the submittal of invoices. V CITY OF TIGARD„OREGON m SUBRECIPIENT AGREEMENT FOR PUBLIC IMPROVEMENT.PROJECTS T I.GA RD FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THIS AGREEMENT made and entered into this 8th day of June, 2010 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City ", and Community Partners for Affordable Housing, or CPAH, a domestic non - profit corporation, hereinafter called "Subrecipient ", collectively referred to as the "Parties ". The Parties to this Agreement agree as follows: 1. TERM OF AGREEMENT The effective date of this Agreement is June 08, 2010, and it terminates June 30, 2011 unless sooner terminated as provided in this agreement. 2. PAYMENT LIMIT City's total payments under this Agreement shall not exceed Four Hundred Twenty Five Thousand and No /100 Dollars ($425,000.00). 3. SUBRECIPIENT'S OBLIGATIONS Subrecipient shall provide those services and carry out that work described in the Scope of Work attached as Exhibits A and A -1. 4. CITY'S OBLIGATIONS City shall make t� the Subrecipient those payments described in the Payment Provisions and Budget attached as Exhibit B. 5. GENERAL CONDITIONS AND SPECIAL CONDITIONS This Agreement is subject to the Special Conditions attached as Exhibit C and the General Conditions attached as Exhibit D. 6. OTHER ATTACHMENTS This Agreement includes the Invoice for Services, attached as Exhibit E, and the CDBG Client /Household Information Form, attached as Exhibit F. 7. FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS FOR USE OF CDBG FUNDS A. PROCUREMENT STANDARDS 1) In awarding contracts pursuant to the Grant Agreement allowing the use of CDBG funds, the City shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained percentages. In addition, the City shall comply with the requirements of the 24 CFR Part 85.36 relating to bonding, insurance and procurement standards; and with Executive Order 11246 and the regulations issued pursuant thereto (41 CFR Chapter 60) regarding nondiscrimination bid conditions for projects over $25,000. 2) The City agrees to submit copies of all contracts, agreements, plans, specifications and change orders related to the project to the County's Office of Community Development in a timely manner. No plan specification or change order shall be used or implemented if it increases the total project cost without approval from the Office of Community Development. 3) The City shall make available to each contractor bidding on any activity under this Agreement a listing of minority business enterprises (MBEs). B. ENVIRONMENTAL REVIEW 1) The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (24 CFR Part 58). 'The County shall require the City to furnish data, information and assistance for the County's review and assessment in fulfillment of the County's responsibilities under 24 CFR, Part 58. 2) The City shall not proceed with the acquisition of real property or any construction activities under this Agreement until "satisfaction of all applicable requirements of the National Environmental Policy Act. 3) Other Environmental Compliance Requirements: (a) Historic Preservation. The City shall meet the historic preservation requirements of the National Historic Preservation Act of 1966 (Public Law 89 -665) and the Archeological and Historic Preservation Act of 1974 (Public l.,aw 93 -291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the regulations at 36 CFR Part 800. Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR Part 58. (b) National Flood Insurance. The City shall not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) and 202 (a) of the Flood Disaster Protection Act of 1973 (42 USC 400(a) and 4106) and the regulations thereunder (44 CFR Chapter 1, Subchapter B, and 24 CFR, Section 570.605. (c) Air and Water Pollution. The City shall comply with the provisions of the Clean Air Act, as amended (42 USC Section [1857] 7401 et seq.) and the regulations issued thereunder (40 CFR Part 15) and the Water Pollution Act, 33 U.S.C. 1251 et. seq. (d) Lead -Based Paint Poisoning. Pursuant to 24 CFR, 570.608, the City shall comply with the HUD Lead -Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead -Based Paint Poisoning Prevention Act, as amended, (42 USC Section 4851 et seq.) requiring prohibition of the use of Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 2 lead -based paint whenever funds under this Agreement are used directly or indirectly for acquisition, construction, rehabilitation, or modernization; elimination of immediate lead -based paint hazards in residential structures; and notification of the hazards in residential structures; and notification of the hazards of lead -based paint poisoning to purchasers and tenants of residential structures constructed prior to 1978. (e) Endangered Species Act. The City shall comply with the provisions of the Endangered Species Act of 1973, as amended (16 USC Section 1531 et seq.), particularly Section 7 of the regulations thereunder (50 CFR Part 402). C. NONDISCRIMINATION 1) General. The City shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, familial status race, creed, color, national origin, or disability. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974 "as amended"; Civil Rights Act of 1964, Tide VI (42 USC 2000d et seq.); Civil Rights Act of 1968, Tide VIII (42 USC 3601 et seq.); Executive Order 11063, as amended by Executive Order 12259; Executive Order 11246 and the regulations issued pursuant thereto (41 CFR Chapter 60); Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u); and Section 504 of the Rehabilitation Act of 1973, (29 USC 794); Americans With Disabilities Act (ADA) (42 USC 12101); and the Age Discrimination Act of 1975 (42 USC 6101 et seq.). Specifically, the City is prohibited from taking any discriminatory actions defined in the HUD regulations at24 CFR 570.602 and 24 CFR Part 6 and shall take such affirmative and corrective actions as required by the regulations at 24 CFR Part 6. These requirements are summarized in the following paragraphs: (a) Program Benefit. The City shall not discriminate against any resident of the project service area by denying benefit from or participation in any Block Grant funded activity on the basis of race, color, sex, national origin, disability, age, and familial status. (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VIII; Section 109, Housing and Community Development Act of 1974; Age Discrimination Act 1975; Americans With Disabilities Act (ADA) (42 USC 12101); Section 504, Rehabilitation Act of 1973.) (b) Fair Housing. The City shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans.insured or guaranteed by the Federal Government. The City shall comply with the Civil Rights Act of 1964 (42 USC 2000(d) et. seq. and implementing regulations in 24 CFR part 1, the Fair Housing Act 42 USC 3601 — 3620), Executive Order 11063, as amended by Executive Order 12259 and implementing regulations in 24 CFR part 107. (c) Employment. CO In all solicitations under this Agreement the City shall state that all qualified applicants will be considered for employment. The words, Subrecipient Agreement for. Public Improvement Project The Knoll Project — Hall /I- Iunziker Page 3 "Equal Opportunity Employer" in all advertisements shall constitute compliance with this Section. (ii) The City shall .not.discriminate against any employee or applicant for employment in connection with the Agreement because of age, sex, familial status, disability, race, creed, color or national origin, except when there is a bona fide occupational limitation. The City shall not refuse to hire, employ or promote, or bar, discharge, dismiss, reduce in compensation, suspend, demote, or discriminate in work activities, terms or 'conditions because an individual has a physical or mental disability in any employment in connection with this Agreement unless it can be shown that the particular disability prevents the performance of the work involved. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. (Executive Order 11246 as amended; and Section 504 of the Rehabilitation Act of 1973; Americans With Disabilities Act (ADA) (42 USC 12101); and the Age Discrimination Act of 1975.) (iii) This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the funding approval. (d) Persons With Disabilities. As required by 24 CFR, Part 8.51 the City shall conduct a self - evaluation and take corrective action to ensure reasonable accommodation in programs and services to persons with disabilities. The City shall provide County with a completed self- evaluation checklist, in the form set forth in County's CDBG Procedures Manual. (e) Contractors and Suppliers (i) No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, familial status, race, creed, color, or national origin. No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall refuse to hire, employ or promote, or bar, discharge, dismiss, reduce in compensation, suspend, demote or discriminate in work activities, terms or conditions because an individual has a physical or mental disability in any employment in connection with this Agreement unless it can be shown that the particular disability prevents the performance of the work involved. Such practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as amended; and Section 504 of the Rehabilitation Act of 1973; and the Age Discrimination Act of 1975). Subrecipient Agreement for Public Improvement Project The Knoll Project — l-Iall /Hunziker Page 4 (ii) To the greatest extent feasible, the City shall purchase supplies and services for activities under this Agreement from vendors and contractors whose businesses are located in the area served by the Block Grant funded activities or owned in substantial part by project area residents. (Section 3, Housing and Community Development Act of 1968, as amended.) 2) In the event of noncompliance by the City with any nondiscrimination provisions of this Agreement, the County shall have the right in whole or in part to terminate this Agreement in accordance with Part 1, Section 15. D. PROPERTY MANAGEMENT The City, as a subgrantee, agrees that any property, equipment, or supplies purchased wholly or in part with program funds shall be managed under the same guidelines applicable to the County, pursuant to 24 CFR Part 85. E. LABOR STANDARDS 1) The City shall require that project construction and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis -Bacon Act, as amended (40 USC sections 276(a)- 276(a)(5), and that they comply with the Copeland "Anti - Kickback" Act, as amended (40 U.S.C. 276(c) and the Contract Work Flours and Safety Standards Act (40 U.S.C. 327 et seq.) as further prescribed at 29 CFR Parts 1, 3, 5, 6 and 7; provided that this section shall not apply to rehabilitation of residential property designed for residential use by less than eight units. A copy of the current Davis -Bacon wages must be included in all construction bid specifications and /or contracts over $2,000. 2) If the Project constitutes a public work as defined in ORS 279C.800, unless the Project is otherwise exempt, City shall require and ensure that all of its agreements with and between contractors and subcontractors contain provisions: (a) requiring compliance with ORS 279C.840; (b) stating the existing state prevailing wage rate and, if applicable, the federal prevailing rate of wage required under the Davis Bacon Act (40 U.S.C. 276a) that may be paid to workers in each trade or occupation required for public works employed in the performance of the contract either by the contractor or subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by the contract (c) requiring that workers not be paid less than the specified minimum hourly rate of wage in accordance with ORS 279C.838; (d) stating that a fee is required to be paid to the Commissioner of the Bureau of Labor and Industries as provided under ORS 279C.825 pursuant to the administrative rule of the commissioner; and Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunzikcr Page 5 (e) requiring the contractor and every subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the project unless exempt under ORS 279C.836(7) or (8). F. ACQUISITION AND RELOCATION 1) Any acquisition of real property by a unit of government for any activity assisted under this Agreement shall comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 amended as Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (hereinafter referred to as the Uniform Relocation Act) (42 USC 4601 et seq.) and the Regulations at 24 CFR Part 42 as amended effective April 2, 1987. 2) Any displacement of persons, business, nonprofit organizations or farms as a result of acquisition of -real property assisted under this Agreement shall comply with Title II of the Uniform Act and the regulations at 24 CFR Part 42. The City shall comply with the regulations pertaining to costspf relocation at 24 CFR Section 570.606 and the Washington County CDBG Program Policies. G. ARCHITECTURAL BARRIERS Any facility constructed or altered pursuant to this Agreement shall comply with design requirements of the Uniform Federal Accessibility Standards (UFAS). H. NONPARTICIPATION IN POLITICAL. ACTIVITIES The City shall comply with the provisions of the Hatch Act (5 USC Chapter 15). NONSUBSTITUTION FOR LOCAL FUNDING The Block Grant funding made available under this Agreement shall not be utilized by the City to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. J. PUBLIC INFORMATION All written materials (reports, brochures, promotional or informational items), news releases, and other public notices produced by or for the City shall acknowledge the source of funding as being derived from the Department of Housing and Urban Development and provided through the Washington County Community Development Block Grant Program. K. APPLICABILITY OF LAWS UNDER THIS AGREEMENT To the extent applicable to the City's acceptance and use of funds under this Agreement, the City shall comply with the policies, guidelines and Uniform Administrative Requirements of OMB Circulars A -87, A -133, and 24 CFR, Part 85 (implemented at 24 CFR, Part 570.502). L. CERTIFICATION REGARDING LOBBYING The City certifies, by affixing its authorized signature(s) to this agreement that, to the best of the City's knowledge and belief: Subrecipient Agreement for Public Improvement Project The Knoll Project — l- Tall /Hunziker Page 6 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the City, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the entering into this cooperative agreement, and the extension, continuation, renewal, amendment, or modification of this cooperative agreement. 2) If any funds other than Federally appropriated funds have been paid or will be paid to any person, for influencing or attempting to influence an officer or employee of any agency, .a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (Available through the Office of Community Development.) 3) The City shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative' agreements) and that all subrecipients shall certify and disclose accordingly. M. CERTIFICATION REGARDING USE OF EXCESSIVE FORCE The City in accordance with Section 519 of Public Law 101 -144, 1990 HUD Appropriations Act, certifies by affixing its authorized signature(s) to this agreement that the City will not use excessive force -by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 8. EVALUATIONAND RECORD KEEPING A. EVALUATION. The City agrees to participate with the County in any evaluation project or performance report, as designed by the County or the appropriate federal agency, and to make available all information required by any such evaluation process. B. AUDITS AND INSPECTIONS 1) The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the County, federal or state officials so authorized by law during the performance of this Agreement and during the period of records retention specified in this Part III at paragraph 4. 2) The City shall be responsible for meeting the audit requirements established in the U.S. Office of Management and Budget Circular r1 -133. Upon request of the County's • Office of Community Development, the City shall be required to provide audit information relative to any project or activity funded under the terms of this Agreement. C. RECORDS In the event the City sponsors multiple projects, each project shall be maintained under a Sdbrecipient Agreement for Public Improvement Project The - Knoll Project — Hall /Hunziker Page 7 separate file system and kept in a manner •recommended by the County. As required by HUD regulations, the City shall compile and maintain. records as indicated: 1) Financial Management - Such records shall identify adequately the source and application of funds for activities within this Agreement in accordance with the provisions of 24 CFR Part 85.20. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. 2) Citizen Participation - Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken, and opportunities to- participate in funded Block Grant projects. 3). Relocation - City recordkeepthg must comply with the Uniform Act implementing regulations at 24 CFR Part 42. Indication of the overall status of the relocation workload•and separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload must be kept. 4) Real Property Acquisition (a) If the City acquires real property by exercising its power of eminent domain, City acquisition files must contain' the following.records: CO Identification of property and property owners. (ii) Official Determination to Acquire - A citation of the action that constitutes the official determination to acquire, the date of the • action, and the applicable CDBG project number. (iii) Notice of Intent to Acquire the Property - A copy of the notice (Including owner's rights), citation of the date of transmittal to owner, and evidence of receipt by the owner. If tenants are involved, then a general notice must also be issued to all affected tenants. (iv) 'Preliminary Acquisition Notice - A citation of the date of transmittal to the owner.and evidence of receipt by owner. (v) Invitation to Accompany Appraiser - Evidence that owner was invited to accompany each appraiser on his inspection of the property. (vi) Appraisal Reports - A copy of each appraisal report, including reviewer's report, on which determination of just compensation was based. (vii) Determination of Just Compensation - A copy of the resolution, certification, motion or other document constituting the determination of just compensation. (viii) Purchase Offer - A copy of written purchase offer of just compensation, including all basic terms and conditions of such offer, and a citation of the date of delivery to the owner. This date is the initiation of negotiations and triggers the relocation requirement of making a "Notice of Displacement ". Subrecipient Agreement for Public Improvement Project The Knoll Project— Hall /Hunziker Page 8 (ix) Statement of the Basis for the Determination of Just Compensation - A copy of the statement and an indication that it was delivered to the owner with written purchase offer. (x) Purchase Agreement, copy of recorded Deed, Declaration of Taking, Title Report, Tide exceptions - A copy of each such document and any similar or related document utilized in conveyance. (xi) Settlement Cost Reporting Statement - A signed copy of the statement. (xii) Purchase Price Receipt - Evidence of owner receipt of purchase price payment. (xiii) Copy of any appeal or complaint and City response. (b) If the City opts not to exercise its power of eminent domain and acquires real property through voluntary acquisition, City acquisition files must contain the following records: (i) Identification of property and property owners. ( i) Letter sent to Seller (prior to City making an offer on the property) which states: • Federal CDBG funds may be used on this project. • The Buyer has the power of eminent domain but will not use its power of eminent domain to purchase the property. • Seller is not eligible for benefits under the URA under this type of voluntary acquisition. • The current appraised value of the property, or other indication of fair market value approved in advance by the County. (iii) The seller must sign, date, and return the letter, thus documenting receipt. (iv) Appraisal Reports - A copy of each appraisal report, including reviewer's report, on which determination of just compensation was based. (v) Purchase Agreement, copy of recorded Deed, Declaration of Taking, Title Report, Title exceptions - A copy of each such document and any similar or related document utilized in conveyance. (vi) Purchase of Price Receipt - Evidence of owner receipt of purchase price payment. (vii) Either: • Documentation that no tenants were affected by the sale; or • Copy of General Information Notices sent to tenants and Subrecipient Agreement for Public Improvement Project The Knoll . Project— Hall /Hunzil er Page 9 evidence of delivery -of said notices. (viii) Evidence that' the property is not part of a designated project area where substantially all the properties in the area will be purchased within a specified timeframe. The documentation must also show that the City does not require a specific site for the program or activity; instead, the documentation must show that the City is willing to consider alternative sites. 5) Equal Opportunity - The City will maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefitted from, the activities carried out under this Agreement. The City shall also maintain data which records its affirmative action in equal opportunity employment, and its good faith efforts to identify, train, and /or hire lower- income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. 6) Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR Part 570.605. 7) Miscellaneous Records - The City shall maintain such other records as may be required by the County and /or HUD. D. RETENTION OF RECORDS As required in 24 CFR 85.42, required records shall be retained fo± a period of four (4) years following the date of the submission of the final grantee performance report in which the activity is covered, except as follows: I) Records that are the subject of audit findings shall be retained for four (4) years or until such audit findings have been resolved, whichever is later. 2) Records for Real Property and Equipment shall be retained for four (4) years after its final disposition. The retention period starts from the date of disposition, replacement, or- transfer at the direction of the County. Equipment is defined in 24 CFR Part 85.32 and real property is defined in 24 CFR Part 570.505. 3) Records for any displaced person shall be retained for four (4) years after such person has received final payment. 9. SPECIAL CONDITIONS A. The City shall execute this agreement no later than 30 days following the date of the County's_ letter of transmittal. B. At least five (5) days prior to soliciting bids the City shall make available to the County's Office of Community Development, a draft copy of the Bid Specifications (including drawings, if applicable). At a minimum, the draft specifications shall include : the date of Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 10 bid solicitation; date of bid opening or final date of phone solicitations, as applicable; proposed work activities; and anticipated award date. In addition, the City will provide a written construction cost estimate and a projected start of construction. C. Within ten (10) days after the Pre- construction Conference, the City shall make available to the Office of Community Development a copy of the following documents: Final Bid Specifications (including drawings, if applicable);.all signed contract documents between the City and the Contractor; the City's Notice to Proceed; all required bonds obtained by the contractor; and a graph illustrating the work activities and projected schedule for each of the activities. D. On, or about, the first working day of each month, the City shall submit to the Office of Community Development a written Monthly Progress Report on the construction /rehabilitation activities. The report shall indicate the Progress Report #; Date of Report; CDBG Project Name & #; Contact Person; Phone #; and Repotting Period. In addition the report shall contain a narrative description of activities accomplished during the past month; activities anticipated to be accomplished in the next month; percentage of construction /rehabilitation activities completed to date; and estimated date — end of construction. Finally, the City shall provide the Office of Community Development with a one (1) month "Rolling Schedule" of work activities. E. Prior to payment of the subcontracted work reimbursed using CDBG funds, the Subrecipient and the City must inspect all work performed by the contractor and its subcontractors during the month addressed on the Monthly Progress Report. This inspection must ensure that the work is performed to the specifications provided in the Statement of Work in EZI -IIBIT A -1 PROGRAM DESCRIPTION and to the satisfaction of the City prior to reimbursement of the Subrecipient for that month. Once the City has signed off on the work performed by the Subrecipient for that month, the Subrecipient can then submit an invoice from the contractor and its subcontractors for reimbursement by the City. The City, in turn, will submit its own invoice to the Washington County Office of Community Development using the CDBG Voucher Request Form for only the subcontracted work performed using CDBG funds for'that month. 10. INFORMATION AND'REPORTS The Subrecipient shall, atsuch time and in such form as the City may require, furnish such periodic reports concerning the status of this Agreement, such statements, certificates, approvals and copies of the proposed and executed plans and claims, and other information relative to this Agreement as may be requested by the City. The Subrecipient shall furnish the City, upon request, with copies of all documents and other materials prepared or developed in relation with or as part of this Agreement. 11. INTEGRATION This Agreetent, including the attached exhibits, contains the entire agreement between the parties regarding use of Community - Development Block Grant Funds on the project and supersedes all prior written or oral discussions or agreements. Subrecipient Agreement for Public Improvement Project The Knoll Project — I- Iall /I-htnziker Page 11 12. ATTORNEY FEES In the event a lawsuit of any kind is instituted on behalf of the City to obtain performance of any kind under this Agreement, Subrecipient agrees to. pay such additional sums as the court may adjudge for reasonable attorney fees ant to pay all costs and disbursements incurred. 13. SEVERABILITY The. Parities agree that if any term or provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected. Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunaiker Page 12 14. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be sent by the parties in the United States mail, postage paid, or personally delivered to the addresses below: CITY OF TIGARD ' . Attn: Duane Roberts, CD Dept. Attn: Sheila Greenlaw -Fink Address: 13125 SW Hall Blvd., Address: Community Partners for Affordable Tigard, Oregon 97223 Housing 6380 SW Capitol Highway Suite 151 Portland, Oregon 97239 Phone: (503) 718 -2477 Phone: 503 - 293 -4038 Fax: (503) 718 -2748 Fax: 503 - 293 -4039 Email Address: duan tiga or.gov Email Address: sgfinka,vahinc.org Authorized by Tigard's Local Contract Review Board: CITY OF TIGARD CPAH By: Craig Prosser, City Manager By: Authorized Agent of Contractor Date Date Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 13 • • EXHIBIT A SCOPE OF SERVICES 1. Subrecipient shall provide services described in the Project Description, Exhibit A -1. Project Description, Exhibit A -1' shall include the Subrecipiennt name, address, telephone number, name of contact, name of signatory officer with tide and position, :and a statement of work. The statement of work shall include a description of the work to be provided, the purpose and nature of the services to be provided, including where they will be offered, the specific tasks to be performed, the level of service that will be provided (must be quantifiable level of service, e.g., installation of an accessible bathroom within a public facility), and the time schedule for the performance of work with target levels of service indicated at specific points in time. 2. Subrecipient shall submit reports as required in Special Conditions, Exhibit C and General Conditions, Exhibit D. Subrecipient Agreement for Public Improvement Project The Knoll Pioject — Hall/Hunziker Page 14 EXHIBIT A -1 PROGRAM DESCRIPTION Subrecipient Name: Community Partners for Affordable Housing (CPAH) Address: 6380 SW Capitol Highway Suite 151, Portland, Oregon 97239 Telephone Number:503- 293 -4038 Contact Person :Sheil Greenlaw -Fink, Executive Director Signatory Officer: Statement of Work: General project location is the intersection of SW Hall Boulevard and SW Hunziker Road in Tigard, Oregon. The work involved includes curb, sidewalk, landscape, and drainage improvements within the rights -of -way of the three public streets bordering The Knoll at Tigard senior affordable housing project. The three are SW Flall Boulevard, currently under Oregon Department of Transportation jurisdiction; and SW Flunziker and SW Knoll Drive, both owned and maintained by the City of Tigard. Before any work commences on the public improvements to SW Knoll and Flunziker, Subrecipient shall apply for and obtain a Public Facilities Improvement (PFIP) permit from the City of Tigard. Before any work commences on the public improvements to Hall Boulevard, Subrecipient must obtain Oregon Department of Transportation approval and applicable department permits. Project components are limited to construction items located within the public right - of -way and include: 1. Improvements to Hall Boulevard, 305 lineal feet. Includes curbs, sidewalks, storm drainage, and landscaping; 2. Improvements to Knoll Drive, 158 lineal feet. Includes curbs, sidewalks, storm drainage, and landscaping; 3. Improvements to Hunziker Street, 89 lineal feet. Includes curbs, sidewalks, storm drainage, and landscaping; 4. Reinstall vehicular and pedestrian traffic signals, 5 poles; 5. Install traffic signal at Hall /Hunziker; Costs related to design, construction management, and project administration specifically are ineligible for reimbursement under this agreement. Project Schedule: July 2010 to February 2011 Project Cost: Four Hundred Twenty Five Thousand and No /100 Dollars ($425,000.00) Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall/Hunziker Page 15 EXHIBIT B EXPENDITURE, PAYMENT AND BUDGET PROVISIONS 1. PROGRAM EXPENDITURES Subrecipient may expend up to Four Hundred Twenty Five Thousand and No /100 Dollars (8425,000.00), the Agreement amount. 2. UNEXPENDED FUNDS Any unexpended or unobligated funds remaining as of February 28, 2011 shall be returned to City unless approval to extend Agreement is authorized by City prior December 31, 2010, and approved in writing by Washington County, in accordance with General Conditions, Exhibit D, Item 5. 3. PAYMENT PROVISIONS Payment will be made by the City up to the amount of the Agreement upon receipt of a properly executed Invoice for Services Provided form, Exhibit E. Invoices and reports shall be signed by Subrecipient's authorized representatives. Invoices shall be submitted to the City of Tigard, Attn: Duane Roberts, Department of Community Development, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Invoices and reports shall be submitted no less than quarterly. Final invoice will be submitted to the City within 30 days of the end of the Agreement, February 28, 2011. The City of Tigard will then be responsible to submit all invoices in that quarter to the Washington County Office of Community Development, 328 W. Main Street Suite 100, Hillsboro, OR 97123. 4. INVOICE DOCUMENTATION All invoices shall be supported with signed and dated documentation such as bills, receipts, invoices, payroll records and time sheets. Documentation shall adequately identify the source and application of funds for activities within this Agreement in accordance with the provisions of 24 CFR 85.20, and shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. All documentation shall be maintained in Subrecipient s files for not.less than five years. 5. PROGRAM INCOME For CDBG funded projects, the Subrecipient shall comply with provisions of 24 CFR 570.504(c) and 570.500 regarding program income. Program income is defined by HUD as the gross income received by a subrecipient directly generated from the use of CDBG funds. Program income includes, but is not limited to, the following: A. Proceeds from the disposition by sale or long -term lease of real property purchased or improved with CDBG funds; B. Proceeds from the disposition of equipment purchased with CDBG funds; C. Gross income from the use or rental of real or personal property acquired by a subrecipient with CDBG funds, less costs incidental to generation of the income; Subrecipient Agreement for Public Improvement Projeci The Knoll Project — Hall/Hunziker Page 16 D. Gross income from the use or rental of real property owned by a subrecipient that was constructed or improved with CDBG funds, less costs incidental to generation of income; H. Payments of principal and interest on loans made using CDBG funds; F. Proceeds from the sale of loans made with CDBG funds; G. Proceeds from sale of obligations secured by loans made with CDBG funds; H. Interest earned on program income pending its disposition; and 1. Funds collected through special assessment made against properties owned and occupied by households not of low and moderate income, where the assessments are used to recover all or part of the CDBG portion of a public improvement. The Subrecipient shall record the receipt and expenditure of program income. The Subrecipient shall submit program income reports with invoices and statistical reports quarterly. Program income shall be retained by the Subrecipient provided that it shall be used exclusively for eligible activities as defined in the CDBG Regulations (24 CFR Part 570). Subrecipient Agreement for Public Improvement Project The Knoll Project — I- fall /Hunziker Page 17 EXHIBIT C SPECIAL CONDITIONS 1. PROGRAM ADMINISTRATION The Subrecipient is solely responsible for the conduct of the contracted program. Its employees and agents shall not be deemed employees or agents of the City unless regular employees of the City of Tigard complete the actual work performed. The Subrecipient will perform all necessary and customary functions in the management and supervision of Subrecipient personnel for all work performed under the Agreement. Project activities will be completed in compliance with the terms of this Agreement and the regulations applicable to this program. Specific project activities, which trigger formal procedural regulation, include the following: Subcontracting, Conflict of Interest, Procurement, Nondiscrimination and Public Information. 2. DESIGNATED STAFF The Subrecipient shall designate an individual responsible for carrying out the contracted program, including coordination with City CDBG Administration Staff. Subrecipient shall further designate one or more individuals authorized to sign payment requests under this Agreement. The names and signatures of these individuals shall be provided to City and maintained in City's program files. City shall designate an individual as City Contact to be responsible for administration of this Agreement. The name of such designated individual shall be provided to the Subrecipient. 3. REPORTING Statistical Reports and an Invoice for Services will be submitted to the City no less than quarterly. A final report describing program.achievements, a comparison to objectives and discussion of problems and solutions, shall be submitted within 30 days of the end of the Agreement, February 28, 2011. Reports shall include statistical reports covering the program period, to date. The Subrecipient is responsible to provide to the City all contractor and subcontractor wage scale reporting to determine compliance with applicable labor standards per Exhibit D part 37 of this agreement. 4. CLIENT CONFIDENTIALITY Subject to the requirements of Oregon Public Records Law, ORS 192.410 to 192.505, all client information, including lists of persons receiving services obtained by the Subrecipient in the performance of Agreement, shall be considered confidential and not divulged for any purpose not directly connected with the administration of the Agreement or monitoring and evaluation by City. City shall be allowed to review a sampling of case work history information to determine the adequacy of record keeping and quality of services performed. Nothing, however, prohibits the disclosure of information summaries, statistical, or other forms, which do not identify particular individuals. 5. BILINGUAL ASSISTANCE Subrecipient will provide bilingual assistance, as needed, to serve its clients. Bilingual assistance will be provided by•bilingual staff to the extent possible. Bilingual means capable of using both English and Spanish languages with nearly equal facility. Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /1-lunziker Page 18 EXHIBIT D GENERAL CONDITIONS These General Conditions cover the use of Community Development Block Grant (CDBG) funds awarded under this Agreement to the Subrecipient by the City of Tigard. 1. TERMINATION FOR CAUSE In accordance with 24 CFR 85.43, if, through any cause, the Subrecipient shall fail to fulfill in a timely and proper manner his /her obligations under this Agreement, or if the Subrecipient shall violate any of the covenants, agreements, or stipulations of this Agreement, the City may avail itself of such remedies as cited in 24 CFR 85.43 including termination of this Agreement, by giving written notice to the Subrecipient of such action and specifying the effective date thereof. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Subrecipient under this Agreement shall, at the option of the City, become the property of the City and the Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, not to exceed the Agreement amount. Notwithstanding the above, the Subrecipient shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Subrecipient, and the City may withhold any payments to the Subrecipient for the purpose of set off until such time as the exact amount of damages due the City from the Subrecipient is determined. 2. TERMINATION FOR CONVENIENCE In accordance with. 24 CFR 85.44, the City and Subrecipient may terminate this Agreement at any time by mutual written agreement. If the Agreement is terminated by the City as provided herein, the Subrecipient will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Subrecipient covered by this Agreement less payments of compensation previously made. 3. ENFORCEMENT REMEDIES In the event of termination under Section A hereof by the City due to a breach by the Subrecipient, then the City may complete the work either itself or by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the amount actually paid to the Subrecipient hereunder plus the remaining unpaid balance of the compensation provided herein, then the Subrecipient shall pay to the City the amount of excess. Allowable costs shall be determined in accordance with 24 CFR 85.43(c). The remedies provided to the City under Sections 1 and 3 hereof for a breach by the Subrecipient shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are.available. In the event of breach of this Agreement by the City, then the Subrecipient's remedy shall be. limited to termination of the Agreement and receipt of payment as provided in Section 2 hereof. In the event of termination under Section 1, the City shall provide the Subrecipient an opportunity for an administrative appeal. 4. DISPUTES Disagreements between the City and Subrecipient concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the City Subrecipient Agreetrient for Public Improvement Project The Knoll Project — Hall /I- hmziker Page 19 Administrator or in accordance with the applicable procedures (if any) required by the State or Federal Government; 5. AGREEMENT CHANGES The City or'Subrecipient may, from time to time, request changes in writing in the scope of services or terms and conditions hereunder. Major changes, including the scope of work, performance measures or any increase or decrease in the amount of the Subrecipient's compensation, shall be incorporated in written amendments to this Agreement, approved by the City Council and signed by the City Administrator on behalf of the City. Minor changes to the scope of work, budget line items, timing, reporting, or performance measures may be approved by the City Administrator on behalf of the City. 6. AGREEMENT NON - RENEWAL Sub - recipient understands and agrees that there is no representation, implication, or understanding that the services provided by Subrecipient under this Agreement will be purchased by the City under a new Agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or heading respecting any failure to continue purchase of all or any such services from Subrecipient. 7. FURTHER SPECIFICATIONS FOR OPERATING PROCEDURES Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to: monitoring, auditing, billing, reporting, or regulatory changes, may be developed and set forth in written informal agreements between the City and Subrecipient. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subrecipient as provided herein. Informal Agreements may be approved and signed by the Director of the Community Development Department on behalf of City. 8. NON - DISCRIMINATION AND AFFIRMATIVE ACTION During the performance of this Agreement, the Subrecipient shall not discriminate based on race, religion, color, sex, age, national origin, marital status, political affiliation or handicap condition and the Subrecipient shall, to the maximum feasible extent, ensure all interested persons can reasonably obtain information about, and access to, HUD - funded activities. The Subrecipient agrees to comply with the following: A. The requirements of the Fair Housing Act (42 U.S.C. 3601 -20) and implementing regulations at 24 CFR part 100; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1958 - 1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307)(Equal Opportunity in Housing) and implementing regulations at24 CFR part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR part 1; B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 -07) and implementing regulations at 24 CFR part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8; Subrecipient Agreement for Public Improvement Project The Knoll Project — I-Iall /Honziker Page 20 C. The requirements of Executive Order 11246 (3 CFR 1964 -65, Comp., p. 339) (Equal Employment Opportunity) and the impleinenting.regulations issued at 41 CFR chapter 60; D. The requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701) providing: 1) To the greatest extent feasible, opportunities for training and employment be given to low- income persons residing within the unit of general local government or the metropolitan area; and 2) To the greatest extent feasible, contracts for work to be performed in connection with any such project be awarded to business concerns which are located in or owned in substantial part by persons residing in the same metropolitan area as the project; and E. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). 9. ACCESS TO RECORDS The City, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, general organizational and administrative information, documents,•apers, and records of the Subrecipient which are directly pertinent to this Agreement, for the purpose of making audit or monitoring, examination, excerpts, and transcriptions. All required records must be maintained by the Subrecipient for five years after the City makes final payments and all other pending matters are closed. 10. MAINTENANCE OF RECORDS The Subrecipient shall maintain fiscal records on a current basis to support its billings to the City. The Subrecipient shall retain fiscal as well as all records relating to program and client eligibility for inspection, audit, and copying for five years from the date of completion or termination of this Agreement. The City or its authorized representative shall have the authority to inspect, audit, and copy on reasonable notice arid from time to time any records of the Subrecipient regarding its billings or its work hereunder. 11. AUDIT REQUIREMENTS Subrecipierit shall arrange for annual, agency -wide audits conducted by an independent certified public accountant and carried out within six months from the end of each Agreement Year. If Subrecipient's fiscal year ends during the term of this Agreement, the audits may cover the Subrecipient's fiscal year•provided the audit period includes at least six months of this Agreement period. Said audits shall be performed according to federal and state law and rules, specifically, the audits shall comply with OMB Circular A -133 (nonprofit and institutions of higher education) or A -128 (local governments). A copy of the audit and accompanying management letter shall be submitted annually to the City within two weeks of the date of the audit report. The audit shall include, at a minimum, assurances that: 1) financial statements present fairly the_financial position of the Subrecipient;, 2) costs charged to City are appropriate; and 3) Subrecipient is complying with conditions of the Agreement. Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /I-Iunziker Page 21 The Subrecipient is responsible for either including subcontractors within its own annual audit or assuring that separate independent audits are conducted and submitted to City for each subcontractor. The City, either directly or through a designated representative, may audit the records of the Subrecipient at any time during the period established by Section 10 above. If an audit discloses that payments to the Subrecipient were in excess of the amount to which the Subrecipient was entitled, then the Subrecipient shall repay the amount of the excess to the City. 12. MONITORING The. City, through the Department of Community Development, shall monitor at least once each year, that portion of the Sibrecipient's project funded with CDBG funds. Such monitoring shall ensure that the operation of the project conforms to the provisions of this Agreement. 13. INDEMNITY AND HOLD /HARMLESS Subrecipient shall indemnify, defend and hold harmless the City, its officers, officials, boards, commissions, employees, volunteers, and agents from and against all claims, damages, suits, costs, judgments, losses, expenses, and attorney's fees arising directly or indirectly out of the performance of or the failure to perform the work described herein, caused in whole or in part by any negligent act or omission of the Subrecipient, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of the negligence of the City, except Subrecipient shall not be responsible when such liability arises from the sole negligence or willful misconduct of the City. Subrecipient shall promptly pay city for any costs that City incurs in enforcing this clause. 14. INSURANCE REQUIREMENTS For the duration of this Agreement, Subrecipient shall procure and maintain insurance against claims for personal injury, bodily injury or property damage which may arise from or in connection with the work hereunder by the Subrecipient, his agents, representatives and employees. Evidence of insurance acceptable to the City must be provided by the Subrecipient to the City before Subrecipient will be authorized to start work. A. The Subrecipient and all employers providing work, labor or materials under this Agreement that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coyerage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. Out -of -state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. B. Subrecipient shall obtain, at Subrecipient's expense, and keep in effect during the term of this Agreement, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Subrecipient Agreement for Public Improvement Project The Knoll Project— I- call /Hunziker Page 22 Coverage Limit General Aggregate 1,000,000 Products- Completed Operations Aggregate 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (any one fire) 50,000 Medical Expense (any one person) 5,000 C. If Subrecipient will be delivering any goods or services which require the use of a vehicle, Subrecipient shall provide City a certificate indicating that Subrecipient has business automobile liability coverage for all owned, hired, and non -owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall name City as an additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If Subrecipient hires a carrier to make delivery, Subrecipient shall ensure that said carrier complies with this paragraph. D. Each policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: • The City, its officers, officials, agents, volunteers, and employees are to be covered as insureds for liability arising out of activities performed by or on behalf of the Subrecipient; products and completed operations of the Subrecipient; premises owned, occupied or used by the Subrecipient; and automobiles owned, leased, hired or borrowed by the Subrecipient. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, agents, volunteers or employees. • For any claims related to this project the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, agents, volunteers and employees. Any insurance or self - insurance maintained by the City, its officers, officials, agents, volunteers, and employees shall be excess of Subrecipient's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the Subrecipient's insurance policies including breaches of warranties shall not affect the coverage provided to the City, its officers, officials, agents, volunteers, and employees. • The Subrecipient's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of insurer's liability. Subrecipient Agreement for Public Improvement Project The Knoll Project -- Hall/I-Iunziker Page 23 E. Acceptability of Insurers - All coverage provided by the Contractor must be underwritten by an. insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. F. Verification of Coverage - Subrecipient shall furnish the City with certificates and original endorsements affecting the coverage herein required. Certified copies of policies must be furnished upon the request of the City. Endorsements must be signed by a person authorized by that insurer to bind coverage on its behalf. The form of endorsement is subject to the City's approval. G. Deductibles and Self - Insured Retentions - Any deductibles or self - insured retentions must be declared to the City and are subject to the City's approval. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions with respect to the City; or the Subrecipient may be required by the City to procure a bond guaranteeing payment of losses, claims adjusting expenses, and defense costs below the deductible or self - insured retention. H. Subcontractors - Subrecipient's insurance shall provide coverage for all subcontractors, or Subrecipient shall furnish to the City separate certificates and endorsements showing coverage for each subcontractor. The insurance requirements described herein shall apply to all subcontractors. 15. SUBCONTRACTING AND ASSIGNMENT The Subrecipient shall not assign this in whole or in part or any right or obligation hereunder, without prior written approval of the City, which approval shall not unreasonably be withheld. The subcontractor shall be responsible for adhering to all regulations cited within this Agreement. 16. INDEPENDENT CONTRACTOR STATUS The Subrecipient is engaged as an independent contractor and will be responsible for any federal, state, or local taxes and fees applicable to payments hereunder. The Subrecipient and its subcontractors and employees are not employees of the City and are not eligible for any benefits through the City, including without limitation, federal social security, health benefits, workers' compensation, unemployment compensation, and retirement benefits. 17. COMPLIANCE WITH LAWS In connection with its activities under this Agreement, the Subrecipient shall comply with all applicable federal, state and local laws and regulations. For CDBG - funded projects, the Subrecipient shall carry out its activities in compliance with 24 CFR 570. In particular (but not to the exclusion of other sections) Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR 570.502. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement may be amended to assure conformance with such Federal orState requirements. 18. CONFLICTS'OF INTEREST No City officer or employee, during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, as required in 24 CFR 85.36.+ Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall/Hunziker Page 24 No board or director member or employee of the during his or her tenure or for one year thereafter, shall have any interest, direct or' indirect; in this Agreement or the proceeds, as required in 24 CFR 85.36. Use of Agreement funds to pay personnel costs itemized in Agreement is exempted from this requirement. For CDBG - funded projects, the Subrecipient shall further comply with the conflict of interest provisions cited in 24 CFR 570.611. 19. AGREEMENT ADMINISTRATION Non -profit contractors shall.comply with the applicable provisions of OMB Circular No's. A -122, and A -HO Attachments B, F, H paragraph 2, and 0, as described by 24 CFR 92.505. 20. PROPERTY MANAGEMENT The Subrecipient agrees that any real property, equipment or supplies purchased wholly or in part with program funds will be managed under the same guidelines applicable to the City in accordance with 24 CFR 570.505 (real property), 24 CFR Part 85.32 (equipment), and 24 CFR Part 85.33 (supplies). 21. EXPIRATION /REVERSION OF ASSETS For CDBG- funded projects, the Subrecipient shall comply with the Reversion of Assets provision of 24 CFR 570.503(b)(8). Upon expiration of this agreement, the Subrecipient shall transfer to the recipient any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 22. OREGON LAW AND FORUM This Agreement shall be construed according to the law of the State of Oregon. Any litigation between the City and the Subrecipient arising under this Agreement or out of work performed under this Agreement shall occur, if in the state courts, in the Washington County court having jurisdiction thereof, and if in the federal courts, in the United States District Court for the State of Oregon. 23. AVAILABILITY OF FUNDS It is understood by all parties to this Agreement that the funds used to pay for services provided herein are provided to the City through a grant from the U.S. Department of Housing and Urban Development. In the event that funding is reduced, recaptured, or otherwise made unavailable to the City as a result of federal action, the City reserves the right to terminate the Agreement as provided under Section 2 hereof, or change the scope of services as provided under Section 5 hereof. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement may be amended to assure conformance with such Federal or State requirements. 24. MINIMIZING DISPLACEMENT /RELOCATION The Subrecipient assures that it will take all reasonable steps to minimize the displacement of persons as a result of this Agreement and shall comply with the applicable provisions of 24 CFR 570.606. Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 25 • 25. PROGRAM ACCESS BY THE DISABLED The Subrecipient shall, to the maximum feasible extent, ensure interested persons can reasonably obtain information about, and access to, FIUD- funded activities. 26. LOBBYING No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form -ILL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Subrecipient shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans and cooperative agreement) and that all Subcontractors shall certify and disclose accordingly. 27. CHURCH /STATE The Subrecipient agrees to comply with the applicable provisions of 24 CFR 570.200(j) regarding the use of federal funds by •religious organizations. No religious content or materials will he disseminated in any part of the programs or services funded under this Agreement. 28. NON - SUBSTITUTION FOR LOCAL FUNDING For CDBG - funded projects, the Subrecipient will not utilize grant funds to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. 29. COPYRIGHTS AND RIGHTS IN DATA Subrecipient shall not publish or transfer any materials produced or resulting from activities supported by this Agreement without the express written consent of the City Administrator. If any material is subject to copyright, the City reserves the right to copyright such, and the Subrecipient agrees not to copyright such material. If the material is copyrighted, the City reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. 30. NONPARTICIPATION IN POLITICAL ACTIVITIES The Subrecipient shall comply with the provisions of the Hatch Act (5 USC, Chapter 15). Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hwviker Page 26 31. REAL PROPERTY ACQUISITION The Subrecipient shall comply with the applicable provisions of 49 CFR 24 regarding the use of federal funds for acquisition of real property, and with the applicable provisions of the Reversion of Assets provision :of 24 CFR 570.503(b)(8) as described in D.23 of this agreement. 32. ENVIRONMENTAL REVIEW The Subrecipient shall comply with the 24 CRR 92.352, 24 CFR PART 58 and the National Environmental Policy Act of 1969. The Subrecipient shall not enter into a contract for, or otherwise commit CDBG funds for a project prior to the City's completion of an environmental review in accordance with 24 CFR part 50. The Subrecipient shall supply the City with the information necessary for the City to perform any applicable environmental review when requested under CFR 583.225(a). The Subrecipient shall carry out mitigating measures required by the City or ensure that alternate sites are utilized according to 24 CFR 54.22. 33. DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS, SUBRECIPIENT, OR OFFICERS The Subrecipient agrees to comply with the applicable provisions of 24 CFR 570.609 regarding the Debarred,. Suspended or Ineligible Contractors or Subrecipients. The Subrecipient shall not use CDBG funds to directly or indirectly employ, award contracts. to, or other wise engage the services of, of fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR part 24. The Subrecipient shall not have officers or board members that are debarred, suspended or ineligible to work on projects using federal funds. 34. LABOR STANDARDS The Subrecipient agrees to comply with the applicable provisions of the Davis -Bacon Act, the Contract Work Hours and Safety Standards Act (CWHSSA), the Copeland Act and the Fair Labor Standards Act covered underthe regulations in 29 CFR Parts 1,3,5,6 and 7. The Subrecipient shall pay all laborers and mechanics employed by contractor or subcontractors on construction work financed in whole or in part with CDBG funds wage rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act. The Contract Work Flours and Safety Standards also apply. However, these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units. 35. LEAD -BASED PAINT 'the Subrecipient shall comply with the applicable provisions of 24 CFR 35, Requirements for Notification, Evaluation and Reduction of Lead -Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance. The purpose of the regulation is to protect young children from lead -based paint hazards in housing that is either receiving assistance from the Federal government or is being sold by the government. 36. NON - PROFIT AGREEMENTS The subrecipient shall comply with all applicable provisions of 24 CFR Part 84, Uniform Administrative requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non - Profits. Non - profits receiving CDBG funds shall establish written procurement procedures as per the requirements of 24 CFR 84.44. Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall/Hunziker Page 27 37. ARCHITECTURAL BARRIERS ACT AND THE AMERICANS WITH DISABILITIES ACT The Architectural Barriers Act of 1968 (42 U.S.C. 4151 -4157) requires certain. Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that insure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed, or altered with funds allocated or reallocated under this part after Dec. 11 1995, and that meets the definition of "residential structure" as defined in 42 CFG 101- 19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part'101 -19: sib[art 101219.6, for general type buildings). The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C, 155 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable - that is, easily accomplishable and able to be carried out without much difficulty or expense. 38. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension of termination may occur if the subrecipient materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. Subrecipient Agreement for Public Improvement Project The Knoll Project:- Hall /Hunziker Page 28 EXHIBIT E INVOICE FOR SERVICES Invoice Number: Invoice Date: Project Title: The Knoll at Tigard To: From: Agency: City of Tigard Agency: Community Development Department Address: 13125 SW Hall Boulevard Address: Tigard, Oregon 97223 u Item Budget Expenditure to Date Budget Amount Construction 358912 Costs Utility Costs 66088 MIL TOTAL 425,000 TOTAL REIMBURSEMENT REQUEST: Request is hereby made for reimbursement of current month /quarter expenditures. Reimbursement is requested based on actual expenses incurred in providing services in accordance with the Agreement with the City of Tigard. I certify that this statement of expenditures is made herein to the best of my knowledge. All reported expenditures are supported by documentation, attached and filed in Sub - recipient's files and are subject to audit by City of Tigard and the Department of Housing and Urban Development. SIGNATURE: DATE: TITLE: PHONE: Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunker Page 29 EXHIBIT F CDBG CLIENT /FAMILY INFORMATION FORM Client's Name: Address: Total Number of Persons in Family (see definitions below): List Names of Family Members Living In Household: Head of Household: Additional Members: Total Monthly Income Sources for All Family Members Living In Household Employment, Gross Income: Other Resources: Social Security /SSI: Other Pension: Unemployment: Child Support: Public Welfare: Alimony: Veteran's Benefits: Total_ Monthly Income: Ethnicity and Race Grantees . are to ask respondents to identify their clients ethnicity ptior to asking them to identify their race. Hispanic will now be considered an ethnicity category rather than a race category . Please check one ethnicity about the client: Hispanic or Latino Nor Hispanic or Latino Subrecipient Agreement for Public. Improvement Project The Knoll Project — I-Iall /Hunziker Page 30 Please select one or more of the following as self identified by the client: American Indian /Alaskan Native Asian Black /African American Native Flawaiian /Pacific Islander White Please complete the following.about the client. Disabled yes no Female Headed Household yes no • Low- to Moderate - Income Person - A low - to moderate - income person is defined by HUD as a member of a family having an income equal to or less than the low- to moderate - income limits established by HUD in the table on page 7. Family — A family is defined by HUD as all persons living in the same household who are related by blood, marriage, or adoption. An individual living in a housing unit that contains no other person(s) related to him /her is considered to be a one person family for this purpose. Adult children who continue to live at home with their parent(s) are considered to be part of the family for this purpose and their income must be counted in determining the total family income. A dependent child who is living outside of the home (e.g. students living in a dormitory or other student housing) is considered for these purposes to be part of the family upon which he /she is dependent, even though he /she is living in another housing unit. Income information provided above subject to verification by local or Federal government. Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 31 ° Y FS: ;p MEMORANDUM l:'1EV .. :t 1S .R TO: Toby LaFrance; Finance Director cc: Dennis Koellermeier, Public Works Director FROM: Mike McCarthy P.E., Senior Project Engineea RE: Street Maintenance Projects DATE: June 8, 2010 The maps to follow outline our planned Street Maintenance projects for fiscal years 2010 -11 through 2014 -15. These projects are funded by the Street Maintenance Fee. The first map shows slurry seal projects, which involve a thin layer of asphalt binder on top of the existing street to restore the pavement surface. This is used to keep good residential streets in good condition. As the map shows, the plan is to work around the city on an 8- year cycle, sealing all of the residential streets in good condition in one or two neighborhoods per year. This allows for efficient construction and reduced mobilization and notification costs. Slurry seal areas typically correspond with Neighborhood Networks boundaries. The second map shows the tentative plan for pavement overlays for the next five years. Overlays typically consist of.a couple of inches of pavement on top of the existing pavement. Overlays are used a) on streets with high volumes of traffic or many heavy vehicles, and b) on streets in poor condition. Pavement overlays and slurry seals are typically done in the summer, at the beginning of the fiscal year, with the funds collected the previous fiscal year. These are tentative plans, subject to change based on factors such as weather,, traffic flows, heavy vehicle volumes, pavement deterioration rates, opportunities to levcrage.other funds, unexpected road damage, etc. Paving projects may be added or deleted and - project priorities and timeframes may change based on current conditions and opportunities to best use public dollars. If you have comments, questions, or suggestions, please feel free to contact me at 503 -718- 2462 or by e -mail at inikem @tigard- or.gov. 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AAUI� YICMD3s ' i 3 AV-ONCL _ _ 3 Arw1►t ser S 3 Ar N11l � y • - f I I I F' i • 1S — %t —rL. — S • • • • • :1 - 4\ ..: . • . • • . �. i 1 J J f! I \ = 3AY / \ Y ro oln�!.Nle ', � /T + ` ��` ``1 -.:_ -- - � . a -i" l - II `` r. ,._ .. 0 . .. ., � s • Y 4 f : • roll . i 4 • 4 I 1 °� i 4 YMN�rl1 i It , N .r_-"r aAVltlCl \l k -(- -.. a'w�: •: 0 OA4N _. f I 1 Q I aAV XASCl N' _ IOtl - C 4 1 1 G e I , - ` — ..._I 3Ar XiSCI _ A ( I _ I L . r • r j ,_ o \ . • • 3AV14105 I i. \ • ... • kd' Craig Prosser .From: cjehajduk @juno.com Sent: Monday, June 07, 2010 8:44 PM To: Craig Prosser Subject: Tigard Tualatin Relay for Life Craig - I would like to send the message below to try to get SOMEONE from Tigard to form a team. It seems like staff is pretty burnt out after years of involvement so I was thinking about trying to approach Council. I welcome your thoughts! I am fine if you want to forward this message on or make suggestions and send it back to me for editing. Any help you can provide would be greatly appreciated! Julia Dear Mayor Dirkson, City Council members and City staff - Every year, Cancer strikes thousands of residents in the City of Tigard. The American Cancer Society (ACS) provides support to those who have been diagnosed with cancer as well as their loved ones. They also provide funding for help find better treatment so that more birthdays can be celebrated and a cure so that one day the words "you have.cancer" won't strike fear. While I pray that I never have to deal with cancer first hand, as a volunteer with theAmerican Cancer Society, I want to know that I habe done everything I can to increase my odds and my children's odds in the event that one of us is ever diagnosed. So why am I writing to you? One of the best ways the ACS raises funds is through local community events like the Tigard Tualatin Relay for Life and I want you to be part of it. This event currently has 33 teams and almost 300 people from the community. There are schools, businesses, and families joining together to help fundraise and join in the celebration to remember those who have fought and lost, support those who are fighting, and celebrate those who have won the battle. But it can't truly be a community event if the local governments are not involved, so I ask that you form a team and come join us! So here are the details: • July 17th from 10 :00 AM to July 18th at 10:00 AM • Tualatin High School football field • One member from each team is on the track at all times (yes for 24 hours) • You can walk, run, skip, even roll if you need to - • It's not a race, simply a show of solidarity. Cancer never sleeps so for one night, we won't either • You CAN sleep!. Tents, sleeping bags, lawn chairs, etc are encouraged • It will be FUN! • Sign up at www.relayforlife.com /tigardor Questions? Feel free to contact me at 503- 803 -7707. Thank you, Julie Hajduk r • AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: June 8, 2010 (Limited•to 2 minutes or less, please) The_ Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a;CityofTigard public meeting, subject to the State of Oregon's public meeting and records laws. All written andoral 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 publicrecord. NAME, ADDRESS & PHONE TOPIC STAFF // Please Print CONTACTED Name: eked epx,, ty Also, please spell your name as it sounds, if it will 6 �' you oIYD help the presiding officer pronounce: _ S— P€ Pews/06 Address 13 5W A City 71r> Ailip State oYL Zip 9/Z 2; Phone No. So)--- 68`x-.35 8'? • 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 UP COMING EVENTS connfr 1 Good Morning Tigard (GMT)- Weekly Business Networking - 7:30am to 9:00am - 6070/D 06/ 03/ 10- Cool Cats Coffee • Tigard Chamber of Commerce • 12345 SW Main Street , Tigard, OR 97223 tip/ 10/ 10— Home Masters Inc. • Hosted at Home Masters Location • 8863 SW Commercial ave, Tigard 06/ 17/ 10— Autumn Funerals & Cremation • Hosted at Autumn Funerals & Cremation • 12995 SW Pacific Hwy, Tigard OR 97223 Other Chamber Events- - 06/16/ 10- Tigard Chamber New Member Breakfast 7:30am-9:00am • Hosted at Clubsport • FREE TO ALL NEW MEMBERS Jof joke ew 06/16/10-After Hours ` • Hosted by Cousineau Moss at the Chamber • 5:30 p.m. start — FREE 06/18/10- Grand Opening — Cool Cats Coffee • At the Chamber • 8:30 -10:30 a.m. - FREE 06/22/10-Annual Board Luncheon 11:30 a.m. — 1:00 p.m. • At Embassy Suites, Washington Square • Open to all Chamber members, invite coming $28 /person 06/24,/ 10— Lunch & Learn — Prioritizing Marketing and Getting an ROl • Noon -1:00 p.m., Tigard Chamber, FREE Registration required • Subway platter complements of Presenter, Sonja Onthank, ValPak, 06/25/10- Multi- Chamber Networking • Hosted by Tigard Festival of Balloons at Cook Park • Starts early a.m., more details to follow - FREE 7 W !e-Q.re' 6 So-L�'SJ Agenda Item No. 3.2.a For Agenda of June 8. 2010 • MEMORANDUM TIGARD TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Three -Month Council Meeting Calendar DATE: June 8, 2010 Regularly scheduled Council meetings are marked with an asterisk ( *). June 8* Tuesday Council Business Meeting — 6:30 pm, Town Hall 15* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 22* Tuesday Council Business Meeting — 6:30 pm, Town Hall July 12 Monday Joint Meeting with Lake Oswego City Council— 6:00 pm, Dinner and 6:30 pm Meeting - Town Hall 13* Tuesday Council Business Meeting — 6:30 pm, Town Hall 20* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 27* Tuesday Council Business Meeting — 6:30 pm, Town Hall August 10* Tuesday Council Business Meeting — 6:30 pm, Town Hall 17* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 24* Tuesday Council Business Meeting — 6:30 pm, Town Hall I: \ADM \City Council \Council Calendar \3 -month calendar for c mtg 100608.doe Tigard City Council Tentative Agenda 2010 Agenda Item No. 3 Meeting of 4 U + g d Meeting Date: June 8, 2010 Meeting Date: June 15, 2010 Meeting Date: June 22, 2010 Meeting Type/Time: Business /CCDA/6:30 p.m. Meeting Type/Time: Workshop /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 27, 2010 Request to Sched. Due May 4, 2010 Request to Sched. Due May 11, 2010 Materials Due @ 5: May 25, 2010 Materials Due @ 5: June 1, 2010 Materials Due @ 5: June 8, 2010 Study Session - Time Sched. 45 min. - 0 Avail. CCDA - Review CCAC Rec. to use UR Funds for DT TUP's- Sean -10 Workshop Study Session - Time Sched. 45 min. - 0 Avail. CCDA -Rec. for DT Urban Ren. Relocation Policies - Sean -5 Executive Session - Labor Relations - 'Briefing on Progress to Establish Modified Code ODOT Message Sign on Pacific Hwy - Dennis /Mike M. - 15 min. Sandy Z. - 10 min. Compliance Services - Ron & Susan - 30 min. AgendaQuick Info & Update - Cathy - 15 mn. CCI Role Discussion - Ron & Susan - 15 min. CCDA - Exec. Sess. - Review Downtown Development Consent Agenda Discuss PRAB Proposal for Nov. Election - Dennis Opportunity Studies w /consultant - Sean - 15 min. Approve DOJ Grant Application for COPS - Community - 30 min. Consent Agenda Oriented Policing Services (COPS) Hiring Grant -Chief Orr Water Treatment Process Selection - Approve Senior Center Lease Renewal Approve DOJ Ap .for Edward Byrne Mem. Grant -Chief Orr Joint Meeting with the IWB- Dennis -45 min. 2010 -2015 - Loreen - MO LCRB -Award Contract for Natural Resource /Planning Water Rate Methodology Study Project Appoint Members to Tigard Transportation Advisory Consultant to Assist in Developing an Incentive -based Tree Overview - Dennis - 30 min. - PPT Committee - Judith - RES Grove Protection Program - Todd /Joe Discuss Sherwood Water Partnership- Dennis -30 LCRB -Award Contract for Permit Center Roof - Denni: Approve MOU w/ CPAH for CDBG Funds pass through -Duane Regulatory Improvement - Susan - 20 min. LCRB -Award Contract for Repair of the Fanno Creek Approve Borrowing Author. To Finance Road Projects - Toby House - Dennis Approve Budget Amendment #10 -03 to Receive Grant Funds for Fiscal Year 2010 - Amy - RES Appoint Library Board Alternates - Margaret - RES Business Meeting Business Meeting Consider Resolution for Ballot Measure Regarding Certify City provides Svcs. for Shared Revs.- Toby- 5 min. -RES the Park Bond - Dennis - 30 min. - RES Declare Election to Receive State Revenues - Toby - Consider an Ordinance Updating Tigard Municipal PH -5 min. - RES Code (TMC) 9.04 Park Facility Reservations, Approve 2010 -2015 CIP - PH - Toby - 10 min. General Provisions - Dennis - 15 min. Adopt Citywide Master Fees & Charges- Carissa -10 min. -RES Identify Preliminary Legislative Priorities for the Adopt FY 2010 -11 Budget - PH - RES- Toby- 25 min 2011 Oregon Legislative Session - Liz & Kent - CCDA Budget Adoption - PH - Toby- 5 min. 10 min. CCDA Review and Approve the FY 2010 - 11 Downtown Work Provide Input on Draft West Bull Mountain Concept Plan - Sean - 15 min. Plan - John Floyd - 30 min. Hearing - Consider Removal of Planning Commissioner Rex Caffall - Susan - 10 min. Time Avail: 180 min. - Time Scheduled: 180 Time Avail: 110 min. - Time Scheduled: 85 min. Time Available 110 -Time Sched. 85 - Time Left: 25 min. Time Left: 0 min. Time Left: 25 min. Page 1 of 7 CD - Red HR - Magenta Admin -Green Finance /IT - Orange Police - Blue Risk - Purple Library - Aqua PW - Brown 6/1/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: July 12, 2010 Meeting Date: July 13, 2010 Meeting Date: July 20, 2010 Meeting Type/Time: Special /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due May 31, 2010 Request to Sched. Due June 1, 2010 Request to Sched. Due June 8, 2010 Materials Due @ 5: June 28, 2010 Materials Due @ 5: June 29, 2010 Materials Due @ 5: July 6, 2010 Study Session - Time Sched. 30 min. - 15 Avail. Workshop Consider Recommendations of Park Joint Meeting with the Budget Committee Acquisitions for the Bond Election - Dennis - 30 SI - Toby - 30 min. Water Rate Consultant Presentation on Water Rate Study Findings - Dennis -50 min. PPT Joint Meeting with Lake Oswego City Council at Tigard Water Rate Consultant Presentation on Consent Agenda System Development Charge (SDC) Findings - Approve Workers' Compensation Insurance for Dennis - 20 min - PPT Volunteers - Loreen - RES First Workshop to Review and Discuss LCRB -Award Street Sweeping Svcs. Cont.- Dennis Planning Commission recommended Approve Wash. Co. & ODOT IGA Amendment to record Tigard 2035 Transportation System Plan Revising funding of Pacific/Hall Project - Dennis Judith - 60 mins Business Meeting Council Groundrules - Cathy - 20 min. Chamber of Commerce Info PH - Approve Formation of the Sanitary Sewer Reimbursement District No. 48 (Lower Cherry Dr. Ted - PPT - 10 min. - PPT QJPH- Consider Annexing Property owned by Japanese International Baptist Church (ZCA2010- 00001) - Cheryl C. - 20 min. ORD Consider an Ordinance Updating TMC 15.20 Street Maintenance Fee - Dennis - 15 min. Bumham &CIP Project Reports - Ted /Kim - PPT - 15 min. Time Avail: 110 min. - Time Scheduled: 60 min. Time Avail: 180 min. - Time Scheduled: 180 Time Left: 50 min. Time Left 0 min. Page 2 of 7 6/1/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: July 27, 2010 Meeting Date: August 10, 2010 Meeting Date: August 17, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due June 15, 2010 Request to Sched. Due June 29, 2010 Request to Sched. Due July 6, 2010 Materials Due @ 5: July 13, 2010 Materials Due @ 5: July 27, 2010 Materials Due @ 5: August 3, 2010 Study Session - Time Sched. 10 min. - 35 Avail. Study Session - Time Sched. 20 min. - 25 Avail. Workshop Discussion Regarding Park Bond Election City Manager Review - Admin - SI -20 min. Second Workshop to Review and Discuss Dennis - 10 min. Planning Commission recommended Tigard 2035 Transportation System Plan - Judith - 60 mins Presentation of the Sanitary Sewer Master Plan Dennis - 15 min. - PPT Consent Agenda Consent Agenda Presentation of the Water System Master Plan Dennis -15 min. - PPT Discuss Updating TMC Chapter -12 Water and Sewer and Corresponding Policies and Procedures - Dennis - 30 min. Consider Implementing a Traffic Photo Enforce - Business Meeting Business Meeting ment Program - Chief Orr - 30 min. Council Goal Update - Admin - SI - 15 min. Chamber of Commerce Consider Resolution for Ballot Measure Regarding Bumham &CIP Project Reports - Ted /Kim - the Park Bond - Dennis - 15 min. - RES PPT - 15 min. Time Avail: 110 min. - Time Scheduled: 30 min. Time Avail: 110 min. - Time Scheduled: 15 min. Time Avail: 180 min. - Time Scheduled: 150 Time Left: 80 min. Time Left: 95 min. Time Left: 30 min. Page 3of7 5/26/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: August 24, 2010 Meeting Date: September 14, 2010 Meeting Date: September 21, 2010 Meeting Type/Time: Business /CCDA/6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due July 13, 2010 Request to Sched. Due August 3, 2010 Request to Sched. Due August 10, 2010 Materials Due @ 5: August 10, 2010 Materials Due @ 5: August 31, 2010 Materials Due @ 5: September 7, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Workshop Water Rate Consultant Presentation on Final Recommendations on System Dev. Charge (WC) Update - Dennis 30 min: PPT Water Rate Consultant Presentation on _ Final Recommendations on Water Rate Consent Agenda Consent Agenda' Study - Dennis - 60 min. - PPT • Approve Water System Master Plan- Dennis - RES Approve Sanitary Sewer Master Plan- Dennis -RES Business Meeting Business Meeting Consider an Ordinance Updating TMC Chapter Chamber of Commerce 12 -Water and Sewers - Dennis - 15 min. ORD THS Student Envoy Burnham &CIP Project Reports - Ted/Klm PPT . min. Time Avail: 110 min. - Time Scheduled:15 min. Time Avail: 110 - Time Scheduled: 15 min. Time Avail: 180 min. - Time Scheduled: 90 Time Left: 95 min. Time Left: 95 min. Timeleft: 90 min. Page 4of7 5/26/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: September 28, 2010 Meeting Date: October 12, 2010 Meeting Date: October Meeting Type/Time: Business /CCDA/6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Special/TBA Location: City Hall Location: City Hail Location: TBA Request to Sched. Due August 17, 2010 Request to Sched. Due August 31, 2010 Materials Due @ 5: September 14, 2010 Materials Due @ 5: September 28, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Special Joint Meeting with Tigard - Tualatin School • District and Cities of Tualatin, Durham and King City Consent Agenda Consent Agenda Business Meeting Business Meeting THS Student Envoy Chamber of Commerce Burnham & CIP Project Reports - Ted/Kim- PPT - 15 min. Approve Posting of 60-day Public Hearing Notice for Final Consideration by Council to Adopt2010 - Water Rate SDC - Dennis - 30 min. Time Avail: 110 min. - Time Scheduled: 0 min. lime Avail: 110 min. -- Time Scheduled: 105 min. Time Left: 110 min. Time Left: 5 min. Page 5 of 7 5/26/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: October 19, 2010 Meeting Date: October 26, 2010 Meeting Date: November 9, 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 September 7, 2010 Request to Sched. Due September 14, 2010 Request to Sched. Due September 28, 2010 Materials Due @ 5: October 5, 2010 Materials Due @ 5: October 12, 2010 Materials Due @ 5: October 26, 2010 Workshop Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Joint Meeting with the Budget Committee SI - Toby - 30 min. Consent Agenda Consent Agenda Business Meeting Business Meeting Council Goal Update - Admin. SI -15 min. THS Student Envoy Chamber. of Commerce Youth Advisory Council - SI - 20 min. Burnham BCIP Project Reports - Ted/Kim - PPT - 15 min. Public Hearing - Adoption of Final Recommended Water Rate Study Report - Dennis - 60 min: RES Time Avail: 180 min. - Time Scheduled: 30 Time Avail: 110 min. - Time Scheduled: 15 min. Time Avail: 110 min. - Time Scheduled: 95 min. Time Left: 150 min. Time Left: 95 min. _Time. Left: 15 min: Page 6 of 7 5/26/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: November 16, 2010 Meeting Date: November 23, 2010 Meeting Date: December 14, 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 October 5, 2010 Request to Sched. Due October 12, 2010 Request to Sched. Due November 2, 2010 Materials Due @ 5: November 2, 2010 Materials Due @ 5: November 9, 2010 Materials Due @ 5: November 30, 2010 Workshop Study Session - Time Sched. 0. min. - 45 Avail. Study Session - Time Sched. 30 min. - 15 Avail. Annual Joint ,Meeting,w th Tree Board - SI City Attorney Review - Admin - SI - 30 min. - CD- 60 min. Park & Recreation Advisory Board Annual Joint Meeting - SI - PW - 30 min. Consent Agenda Consent Agenda Business Meeting Business Meeting THS Student Envoy Chamber of Commerce Bumham &CIP Project Reports - Ted/Kim - PPT - 15 min. Info PH - Adoption of Water Rate System Dev. Charge (SDC) Methodology Update - Dennis - 60 min -ORD Time Avail: 180 min. - Time Scheduled: 90 lime Avail: 110 min. - Time Scheduled: 0 min. Time Avail: 110 min. - Time Scheduled: 75 min. Time Left: 90 min. Time Left: 110 min. Time Left: 35 min. Page 7 of 7 5/26/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: June 8, 2010 Meeting Date: June 15, 2010 Meeting Date: June 22, 2010 Meeting Type/Time: Business /CCDA/6:30 p.m. Meeting Type/Time: Workshop /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 27, 2010 Request to Sched. Due May 4, 2010 Request to Sched. Due May 11, 2010 Materials Due @ 5: May 25, 2010 Materials Due @ 5: June 1, 2010 Materials Due @ 5: June 8, 2010 Study Session - Time Sched. 45 min. - 0 Avail. CCDA - Review CCAC Rec. to use UR Funds for DT TUP's Sean - 10 Workshop Study Session - Time Sched. 45 min. - 0 Avail. COOMU°. for DT Urban Ren. Relocation Policies - Sean - 5 Executive Session - Labor Relations - Briefing on Progress to Establish Modified Code OOOT Message Sign on Pacific Hwy - Dennis/Mike M. - 15 min. Sandy Z. - 10 min. Compliance Services - Ron & Susan - 30 min. AgendaQuick Info & Update - Cathy -15 mn. CCI Role Discussion - Ron & Susan - 15 min. CCDA - Exec. Sess. - Review Downtown Development Consent Agenda Discuss PRAB Proposal for Nov. Election - Dennis Opportunity Studies w /consultant - Sean - 15 min. 'Approve DOJ Grant Application for COPS - Community - 30 min. Consent Agenda Oriented Policing Services (COPS) Hiring Grant -Chief Orr Water Treatment Process Selection - Approve Senior Center Lease Renewal Approve DOJ Ap .for Edward Byrne Mem. Grant - Chief Orr Joint Meeting with the IWB- Dennis -45 min. 2010 -2015 - Loreen - MO LCRB -Award Contract for Natural Resource /Planning Water Rate Methodology Study Project Appoint Members to Tigard Transportation Advisory Consultant to Assist in Developing an Incentive -based Tree Overview - Dennis - 30 min. - PPT Committee - Judith - RES Grove Protection Program - Todd /Joe Discuss Sherwood Water Partnership - Dennis -30 LCRB -Award Contract for Permit Center Roof - DenniE Approve MOU w/ CPAH for CDBG Funds pass through -Duane Regulatory Improvement - Susan - 20 min. LCRB -Award Contract for Repair of the Fanno Creek Approve Borrowing Author. To Finance Road Projects - Toby House - Dennis Approve Budget Amendment #10 -03 to Receive Grant Funds for Fiscal Year 2010 - Amy - RES Appoint Library Board Alternates - Margaret - RES Business Meeting Business Meeting Consider a Resolution Authorizing a Parks, Open Certify City provides Svcs. for Shared Revs.- Toby- 5 min. -RES Space and Trails Bond Election - Dennis -30 min. Declare Election to Receive State Revenues - Toby - Consider an Ordinance Updating Tigard Municipal PH -5 min. - RES Code (TMC) 9.04 Park Facility Reservations, Approve 2010 -2015 CIP - PH - Toby - 10 min. General Provisions - Dennis - 15 min. Adopt Citywide Master Fees & Charges- Carissa -10 min. -RES Identify Preliminary Legislative Priorities for the Adopt FY 2010 -11 Budget - PH - RES- Toby- 25 min 2011 Oregon Legislative Session - Liz & Kent - CCDA Budget Adoption - PH - Toby- 5 min. 10 min. CCDA Review and Approve the FY 2010 - 11 Downtown Work Provide Input on Draft West Bull Mountain Concept Plan - Sean - 15 min. Plan - John Floyd - 30 min. Hearing - Consider Removal of Planning Commissioner Rex Caffall - Susan - 35 min. Time Avail: 180 min. - Time Scheduled: 180 Time Avail: 110 min. - Time Scheduled: 85 min. Time Available 110 -Time Sched. 110 - Time Left: 0 min. Time Left: 0 min. Time Left: 25 min. Page 1 of 7 CD - Red HR - Magenta Admin -Green Finance /IT - Orange Police - Blue Risk - Purple Library - Aqua PW - Brown 6/1/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: July 12, 2010 Meeting Date: July 13, 2010 Meeting Date: July 20, 2010 Meeting Type/Time: Special /6:30 p.m. Meeting Type/Time: Business /6 :30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due May 31, 2010 Request to Sched. Due June 1, 2010 Request to Sched. Due June 8, 2010 Materials Due @ 5: June 28, 2010 Materials Due @ 5: June 29, 2010 Materials Due @ 5: July 6, 2010 Study Session - Time Sched. 30 min. - 15 Avail. Workshop Consider Recommendations of Park Joint Meeting with the Budget Committee Acquisitions for the Bond Election - Dennis - 30 SI - Toby - 30 min. Water Rate Consultant Presentation on Water Rate Study Findings - Dennis -50 min. PPT Joint Meeting with Lake Oswego City Council at Tigard Water Rate Consultant Presentation on Consent Agenda System Development Charge (SDC) Findings - Approve Workers' Compensation Insurance for Dennis - 20 min - PPT Volunteers - Loreen - RES First Workshop to Review and Discuss • LCRB -Award Street Sweeping Svcs. Cont.- Dennis Planning Commission recommended Approve Wash. Co. & ODOT IGA Amendment to record Tigard 2035 Transportation System Plan Revising funding of Pacific /Hall Project - Dennis Judith - 60 mins Business Meeting Council Groundrules - Cathy - 20 min. Chamber of Commerce Info PH - Approve Formation of the Sanitary Sewer Reimbursement District No. 48 (Lower Cherry Dr.) Ted - PPT - 10 min. - PPT QJPH- Consider Annexing Property owned by Japanese International Baptist Church (ZCA2010 00001) - Cheryl C. - 20 min. ORD Consider an Ordinance Updating TMC 15.20 Street Maintenance Fee - Dennis - 15 min. Bumham &CIP Project Reports - Ted /Kim - PPT - 15 min. Time Avail: 110 min. - Time Scheduled: 60 min. Time Avail: 180 min. - Time Scheduled: 180 Time Left: 50 min. Time Left 0 min. Page 2 of 7 6/1/2010 Agenda Item # 3 2 Meeting Date Tuesday, June 8, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Appointment of John Storhm to Pill Remaining Library Board Term of Resigning Member Karen Levear and Grace Athos to Temporarily Fill Vacant Seat of Library Board Member Scott Hancock, Deployed by the United States Military Until May 2011 p Q Prepared By: Alison Grimes Dept Head Approval: City Mgr Approval: 1/\ ISSUE BEFORE THE COUNCIL Approve appointment of • John Storhm to fill remaining unexpired term of Karen Levear, who recently resigned and whose term runs through June 30, 2011; and • Grace Amos, from illtemate to Board Member, assuming the temporarily vacated scat of Scott Hancock, deployed for military service March 13, 2010 and returning March 2011. STAFF RECOMMENDATION Approve appointments of John Storhm and Grace Amos. KEY FACTS AND INFORMATION SUMMARY Currently there is a vacancy on the Library Board due to the resignation of Karen Levear. The term of this vacant seat on the Board runs through June 30, 2011. For consistency and continuity on the Board, it is recommended that John Storhm be appointed to serve out the remainder of this vacant scat. He is currently serving on the Board in a temporary capacity due to the military deployment of Scott Hancock. -Since the appointment of John Storhm to the seat vacated by Karen Levear will create a temporary vacancy on the Board due to Hancock's deployment, it is recommended to appoint Grace Amos, currently an Alternate on the Library Board, to fill Hancock's scat until March 2011, effective immediately. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS N/A ATTACHMENT LIST Resolution. FISCAL NOTES None. Agenda Item # Z. 0 Meeting Date June 8, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title: Approve 2010 Application to the Department of Justice for an Edward Byrne Memorial Justice Assistance Grant Prepared By: Chief Alan Orr Dept I -lead Approval f' City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council approve a grant application to the Department of Justice in the amount of $18,869? STAFF RECOMMENDATION Approve the grant application. KEY FACTS AND INFORMATION SUMMARY The Department of Justice has issued a grant solicitation notice for the 2010 Edward Byrne Memorial Justice Assistance Grant. This is a formula grant with a minimum -based allocation available to eligible units of local government. The City of Tigard can receive up to $18,869 under the formula. It is the intent of the Police Department to submit an application with the funds to be used to upgrade and replace the desktop computers in the report writing room. The existing computers range in age from four to five years and because of heavy use and the need to upgrade both memory and hard drive capacity there is a need to replace the units. This provides the funding to do so. Under the grant application guidelines, applicants must submit information documenting that the grant application was approved by the governing body as well as providing citizens an opportunity to comment on how the funds would be used. As a consent agenda item, this would meet the review condition of the grant. OTHER ALTERNATIVES CONSIDERED None CITY GOALS N/A ATTACHMENT LIST N/A FISCAL NOTES The City would receive $18,869 to fund the upgrade and replacement the desktop computers in the officer's report writing room. No matching funds from the City are required under this grant. Agenda Item # Meeting Date ,June 8, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Approve Grant Application to the Department of Justice for the Community Oriented Policing Services (COPS) Hiring Recovery P.-. • am Grant Prepared By: Chief Alan Orr Dept Head Appr. - City Mgr Approval: e ISSUE BEFORE THE COUNCIL Should the City Council approve a grant application to the Department of Justice for the Community Oriented Policing Services (COPS) Grant and receive up to $995,000 over a three year period to fund four police officer positions? STAFF RECOMMENDATION Approve the application KEY FACTS AND INFORMATION SUMMARY The COPS Hiring Recovery Program (CHRP) is a competitive grant program that provides funding directly to law enforcement agencies having primary law enforcement authority to create and preserve jobs and to increase their community policing capacity and crime - prevention efforts. The City had submitted an application in 2009 but did not receive funding. The department has received notice that the Office of Community Oriented Policing Services (COPS Office) has been authorized to open the 2010 COPS Hiring Program (CHP) and has been awarded $298 million that they will use to make up to 500 awards to state, local and tribal law enforcement agencies nationwide. They will not be accepting new applications but have carried forward those applications previously submitted for consideration under this 2010 grant program. The department intends to update the previously submitted application in early June for submission to the Department of Justice once they open the application process. The department intends to reapply for funding of four police officer positions. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS N/A ATTACHMENT LIST None FISCAL NOTES The City would receive up to $995,000 to fund the four positions over a three year period. There are no matching funds required during the initial three years and there is only the requirement that the jurisdiction must retain the positions for one additional year. Agenda Item # -� Meeting Date June 8, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Memorandum of Understanding with the I -fall Boulevard Improvements ITC for the Pass Through of Federal Community Development Block Grant Funds Prepared By: D. Roberts Dept I -lead Approval: / � Q tCity Mgr Approval: L� ISSUE BEFORE THE COUNCIL Shall the City enter into a Memorandum of Understanding (MOU) with the Hall Boulevard Improvements LLC for the pass through of Community Development Block Grant funds awarded to The Knoll n Tigard project? STAFF RECOMMENDATION Staff recommends Council approve the MOU. KEY FACTS AND INFORMATION SUMMARY The City applied for and has been awarded $425,000 from the Community Development Blo k Grant (CDBG) Program toward the cost of required sidewalk and associated improvements within the public rights -of -way of the three streets bordering The Knoll @ Tigard senior affordable housing project. A MOU or sub- recipient agreement with the nonprofit "I -Tall Boulevard Improvements LLC," a why- owned Community Partner for Affordable Housing (CPAFI) subsidiary, for the pass through of the grant funds has been prepared. Under the terms of the agreement, the City will act as a fiscal agent only. The CPAH subsidiary agrees to follow all applicable federal and local rules in managing the project and to hold the City harmless. The MOU was developed by the City Finance Department in conjunction with the City Attorney, County Office of Community Development, CPAH and its fiscal partner in the project, Housing Development Corporation. All the named parties have signed off on the agreement in its final form. OTHER ALTERNATIVES CONSIDERED None considered CITY. COUNCILGOALS Goal No. 2: Implement Downtown Urban Renewal. The senior housing project is located within the urban renewal area and may activate other development within the area. ATTACHMENT LIST Attachment 1: Subrecipient Memorandum of Understanding Agreement for Public Improvement Projects Funded with Community Development Block Grant (CDBG) Funds FISCAL NOTES The MOU defines the City's fiscal relationship to the Knoll @ Tigard project. Under its terms, the CPA - subsidiary, Hall Boulevard Improvements LTC, is responsible for carrying out the work and for following all applicable local and federal rules and regulations. It agrees to provide local matching funds and to hold the City harmless. The City assumes no legal or fiscal responsibility for completing the improvements. I: \ I.1(I'I.N \Council Nlatedals \21111 \(.8 -10 AIS NIOU with I all Boulevard Improvements IJ.C.doe _' n�a — X13- into u 3. Lao Co id DI o The Knoll at Tigard Consent Agenda Item Please note the following changes to the Council Agenda Item Summary and accompanying attachment under the June 8 Agenda Item 3.6, "Approve Memorandum of Understanding with the Hall Boulevard Improvement LLC . . . As requested the County, "Memorandum of Understanding" (MOU) has been deleted from the agreement title. This is because the MOU designation federally is used for non - financial agreements only. The document title now reads "Subrecipient Agreement for Public Improvement Projects ... " Community Partners for Affordable Housing has replaced Hall Boulevard LLC as a party to the agreement. This is because the LLC is not legally incorporated as a non - profit 503c corporation. Only non - profit organizations are subrecipient- eligible under HUD Community Development Block Grant rules. HUD requested the addition of language, under page 11, Section 9.E and page 16, Exhibit B.3, respectively related to the City inspection of work and the submittal of invoices. • k 5 4ii ,r13, r i • J ;, �, ¢ ® CITY OF TIGARD,OREGON ' C '-' SUBRECIPIENT AGREEMENT 5, b (% A S f l f a FOR PUBLIC IMPROVEMENT PROJECTS S M FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THIS AGREEMENT made and entered into this 8th day of June, 2010 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City ", and Community Partners for Affordable Housing, or CPAH, a domestic non -profit corporation, hereinafter called "Subrecipient", collectively referred to as the "Parties ". The Parties to this ' ' eement a • ee as follows: 1. TERM OF. AGREEMENT The effective date of this Agreement is June 08, 2010, and it terminates June 30, 2011 unless sooner terminated as provided in this agreement. 2. PAYMENT LIMIT City's total payments under this Agreement shall not exceed Four Hundred Twenty Five Thousand and No /100 Dollars ($425,000.00). 3. SUBRECIPIENT'S OBLIGATIONS Subrecipient shall provide those services and carry out that work described in the Scope of Work attached as Exhibits A and A -1. , 4. CITY'S OBLIGATIONS City shall make to the Subrecipient those payments described in the Payment Provisions and Budget attached as Exhibit B. 5. GENERAL CONDITIONS AND SPECIAL CONDITIONS This Agreement is subject to the Special Conditions attached as Exhibit C and the General Conditions attached as Exhibit D. 6. OTHER ATTACHMENTS This Agreement includes the Invoice for Services, attached as Exhibit E, and the CDBG Client /Household Information Form, attached as Exhibit F. 7. FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS FOR USE OF CDBG FUNDS A. PROCUREMENT STANDARDS 1) In awarding contracts pursuant to the Grant Agreement allowing the use of CDBG funds, the City shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained percentages. In addition, the City shall comply with the requirements of the 24 CFR Part 85.36 relating to bonding, insurance and procurement standards; and with Executive Order 11246 and the regulations issued pursuant thereto (41 CFR Chapter 60) regarding nondiscrimination bid conditions for projects over $25,000. 2) The City agrees to submit copies of all contracts, agreements, plans, specifications and change orders related to the project to the County's Office of Community Development in a timely manner. No plan specification or change order shall be used or implemented if it increases the total project cost without approval from the Office of Community Development. 3) The City shall make available to each contractor bidding on any activity under this Agreement a listing of minority business enterprises (MBEs). B. ENVIRONMENTAL. REVIEW 1) The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (24 CFR Part 58). The County shall require the City to furnish data, information and assistance for the County's review and assessment in fulfillment of the County's responsibilities under 24 CFR, Part 58. 2) The City shall not proceed with the acquisition of real property or any construction activities under this Agreement until satisfaction of all applicable requirements of the National Environmental Policy Act. 3) Other Environmental Compliance Requirements: (a) Historic Preservation. The City shall meet the historic preservation requirements of the National Historic Preservation Act of 1966 (Public Law 89 -665) and the Archeological and Historic Preservation Act of 1974 (Public Law 93 -291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the regulations at 36 CFR Part 800. Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR Part 58. (b) National Flood Insurance. The City shall not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) and 202 (a) of the Flood Disaster Protection Act of 1973 (42 USC 400(a) and 4106) and the regulations thereunder (44 CFR Chapter 1, Subchapter B, and 24 CFR, Section 570.605. (c) Air and Water Pollution. The City shall comply with the provisions of the Clean Air Act, as amended (42 USC Section [1857] 7401 et seq.) and the regulations issued thereunder (40 CFR Part 15) and the Water Pollution Act, 33 U.S.C. 1251 et. seq. (d) Lead -Based Paint Poisoning. Pursuant to 24 CFR, 570.608 the City shall comply with the HUD Lead -Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead -Based Paint Poisoning Prevention Act, as amended, (42 USC Section 4851 et seq.) requiring prohibition of the use of Subrecipient Agreement for Publiclmprovement Project The Knoll Project — Hall /Hunziker Page 2 lead -based paint whenever funds under this Agreement are used directly or indirectly for acquisition, construction, rehabilitation, or modernization; elimination of immediate lead -based paint hazards in residential structures; and notification of the hazards in residential structures; and notification of the hazards of lead -based paint poisoning to purchasers and tenants of residential structures constructed prior to 1978. (e) Endangered Species Act. The City shall comply with the provisions of the Endangered Species Act of 1973, as amended (16 USC Section 1531 et seq.), particularly Section 7 of the regulations thereunder (50 CFR Part 402). C. NONDISCRIMINATION 1) General. The City shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, familial status, race, creed, color, national origin, or disability. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974 "as amended"; Civil Rights Act of 1964, Title VI (42 USC 2000d et seq.); Civil Rights Act of 1968, Tide VIII (42 USC 3601 et seq.); Executive Order 11063, as amended by Executive Order 12259; Executive • Order 11246 and the regulations issued pursuant thereto (41 CFR Chapter 60); Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u); and Section 504 of the Rehabilitation Act of 1973, (29 USC 794); Americans With Disabilities Act (ADA) (42 USC 12101); and the Age Discrimination Act of 1975 (42 USC 6101 et seq.). Specifically, the City is prohibited from taking any discriminatory actions defined in the HUD regulations at.24 CFR 570.602 and 24 CFR Part 6 and shall take such affirmative and corrective actions as required by the.regulations at 24 CFR Part 6. These requirements are summarized in the following paragraphs: (a) Program Benefit. The City shall not discriminate against any resident of the project service area by denying benefit from or participation in any Block Grant funded activity on the basis of race, color, sex, national origin, disability, age, and familial status. (Civil Rights Act of 1964, Tide VI; Civil Rights Act of 1968, Tide VIII; Section 109, Housing and Community Development Act of 1974; Age Discrimination Act 1975; Americans With Disabilities Act (ADA) (42 USC 12101); Section 504, Rehabilitation Act of 1973.) (b) Fair Housing. The City shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the Federal Government. The City shall comply with the Civil Rights, Act of 1964 (42 USC 2000(d) et. seq. and implementing regulations in 24 CFR part 1, the Fair Housing Act 42 USC 3601 — 3620) Executive Order 11063, as amended by Executive Order 12259 and implementing regulations in 24 CFR part 107. (c) Employment. (i) In all solicitations under this Agreement the City shall state that all qualified applicants will be considered for employment. The words, Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 3 "Equal Opportunity Employer" in all advertisements shall constitute compliance with this Section: Cu) The City shall not discriminate against any employee or applicant for employment in connection, with the Agreement because of age, sex, familial status, disability, race, creed, color or national origin, except when there is a bona fide occupational limitation. The City shall not refuse to hire, employ or promote, or bar, discharge, dismiss, reduce in compensation, suspend, demote, or discriminate in work activities, terms or conditions because an individual has a physical or mental disability in any employment in connection with this Agreement unless it can be shown that the particular disability prevents the performance of the work involved. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. (Executive Order 11246 as amended; and Section 504 of the Rehabilitation Act of 1973; Americans With Disabilities Act (ADA) (42 USC 12101); and the Age Discrimination Act of 1975.) (iii) This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the funding approval. (d) Persons With Disabilities. As required by 24 CFR, Part 8.51 the City shall conduct a self - evaluation and take corrective action to ensure reasonable accommodation in programs and services to persons with disabilities. The City shall provide County with a completed self- evaluation checklist, in the form set forth in County's CDBG Procedures Manual. (e) Contractors and Suppliers (i) No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, familial status, race, creed, color, or national origin. No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall refuse to hire, employ or promote, or bar, discharge, dismiss, reduce in compensation, suspend, demote or discriminate in work activities, terms or conditions because an individual has a physical or mental disability in any employment in connection with this Agreement unless it can be shown that the particular disability prevents the performance of the work involved. Such practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as amended; and Section 504 of the Rehabilitation Act of 1973; and the Age Discrimination Act of 1975). Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall/Hunziker Page 4 • (ii) To the greatest extent feasible, the City shall purchase supplies and services for activities under this Agreement from vendors and contractors whose businesses are located in the area served by the Block Grant funded activities or owned in substantial part by project area residents. (Section 3, Housing and Community Development Act of 1968, as amended.) 2) In the event of noncompliance by the City with any nondiscrimination provisions of this Agreement, the County shall have the right in whole or in part to terminate this Agreement in accordance with Part I, Section 15. D. PROPERTY MANAGEMENT The City, as a subgrantee, agrees that any property, equipment, or supplies purchased wholly or in part with program funds shall be managed under the same guidelines applicable to the County, pursuant to 24 CFR Part 85. • E. LABOR STANDARDS 1) The City shall require that project construction and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis -Bacon Act, as amended (40 USC sections 276(a)- 276(a)(5), and that they comply with the Copeland "Anti- Kickback" Act, as amended (40 U.S.C. 276(c) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as further prescribed at 29 CFR Parts 1, 3, 5, 6 and 7; provided that this section shall not apply to rehabilitation of residential property designed for residential use by less than eight units. A copy of the current Davis -Bacon wages must be included in all construction bid specifications and /or contracts over $2,000. 2) If the Project constitutes a public work as defined in ORS 279C.800, unless the Project is otherwise exempt, City shall require and ensure that all of its agreements with and between contractors and subcontractors contain provisions: (a) requiring compliance with ORS 279C.840; (b) stating the existing state prevailing wage rate and, if applicable, the federal prevailing rate of wage required under the Davis Bacon Act (40 U.S.C. 276a) that may be paid to workers in each trade or occupation required for public works employed in the performance of the contract either by the contractor or subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by the contract; (c) requiring that workers not be paid less than the specified minimum hourly rate of wage accordance with ORS 279C.838; (d) stating that a fee is required to be paid to the Commissioner of the Bureau of Labor and Industries as provided under ORS 279C.825 pursuant to the administrative rule of the commissioner; and Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 5 (e) requiring the contractor and every subcontractor to have a public works . bond filed with the Construction Contractors Board before starting work on the project unless exempt under ORS 279C.836(7) or (8). F. ACQUISITION AND RELOCATION 1) Any acquisition of real property by a unit of government for any activity assisted under this Agreement shall comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 amended as Tide IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (hereinafter referred to as the Uniform Relocation Act) (42 USC 4601 et seq.) and the Regulations at 24 CFR Part 42 as amended effective April 2, 1987. 2) Any displacement of persons, business, nonprofit organizations or farms as a result of acquisition of real property assisted under this Agreement shall comply with Tide II of the Uniform Act and the regulations at 24 CFR Part 42. The City shall comply with the regulations pertaining to costs of relocation at 24 CFR Section 570.606 and the Washington County CDBG Program Policies. G. ARCHI I ECTURAL BARRIERS Any facility constructed or altered pursuant to this Agreement shall comply with design requirements of the Uniform Federal Accessibility Standards (UFAS). • H. NONPARTICIPATION IN POLITICAL ACTIVITIES The City shall comply with the provisions of the Hatch Act (5 USC Chapter 15). NONSUBSTITUTION FOR LOCAL FUNDING The Block Grant funding made available under this Agreement shall not be utilized by the City to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. J. PUBLIC INFORMATION All written materials (reports, brochures, promotional or informational items), news releases, and other public notices produced by or for the City shall acknowledge the source of funding as being derived from the Department of Housing and Urban Development and provided through the Washington County Community Development Block Grant Program. K. APPLICABILITY OF LAWS UNDER THIS AGREEMENT To the extent applicable to the City's acceptance and use of funds under this Agreement, the City shall comply with the policies, guidelines and Uniform Administrative Requirements of OMB Circulars A -87, A -133, and 24 CFR, Part 85 (implemented at 24 CFR, Part 570.502). L. CERTIFICATION REGARDING LOBBYING The City certifies, by affixing its authorized•signature(s) to this agreement that, to the best of the City's knowledge and belief: Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 6 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the City, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the entering into this cooperative agreement, and the extension, continuation, renewal, amendment, or modification of this cooperative agreement. 2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (Available through the Office of Community Development.) 3) The City shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. M. CERTIFICATION REGARDING USE OF EXCESSIVE FORCE The City in accordance with Section 519 of. Public Law 101 -144, 1990 HUD Appropriations Act, certifies by affixing its authorized signature(s) to this agreement that the City will not use excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 8. • EVALUATION AND RECORD KEEPING A. EVALUATION The City agrees to participate with the County in any evaluation project or performance report, as designed by the County or the appropriate federal agency, and to make available all information required by any such evaluation process. B. AUDITS AND INSPECTIONS 1) The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the County, federal or state officials so authorized by law during the performance of this Agreement and during the period of records retention specified in this Part III at paragraph 4. 2) The City shall be responsible for meeting the audit requirements established in the U.S. Office of Management and Budget Circular A -133. Upon request of the County's Office of Community Development, the City shall be required to provide audit information relative to any project or activity funded under the terms of this Agreement. C. RECORDS In the event the City sponsors multiple projects, each project shall be maintained under a Subrecipient Agreement for Public Improvement Project The Knoll Project — I- Tall /Hunziker Page 7 separate file system and kept in a manner recommended by the County. As required by HUD regulations, the City shall compile and maintain records as indicated: 1) Financial Management - Such records shall identify adequately the source and application of funds for activities within this Agreement in accordance with the provisions of 24 CFR Part 85.20. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. 2) Citizen Participation - Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken, and opportunities to participate in funded Block Grant projects. 3) Relocation - City recordkeeping must comply with the Uniform Act implementing regulations at 24 CFR Part 42. Indication of the overall status of the relocation workload and separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload must be kept. 4) Real Property Acquisition (a) If the City acquires real property by exercising its power of eminent domain, City acquisition files must contain the following records: (i) Identification of property and property owners. (ii) Official Determination to Acquire - A citation of the action that constitutes the official determination to acquire, the date of the action, and the applicable CDBG project number. (iii) Notice of Intent to Acquire the Property - A copy of the notice (including owner's rights), citation of the date of transmittal to owner, and evidence of receipt by the owner. If tenants are involved, then a general notice must also be issued to all affected tenants. (iv) Preliminary Acquisition Notice - A citation of the date of transmittal to the owner and evidence of receipt by owner. (v) Invitation to Accompany Appraiser - Evidence that owner was invited to accompany each appraiser on his inspection of the property. (vi) Appraisal Reports - A copy of each appraisal report, including reviewers report, on which determination of just compensation was based. (vii) Determination of Just Compensation - A copy of the resolution, certification, motion or other document constituting the determination of just compensation. (viii) Purchase Offer - A copy of written purchase offer of just compensation, including all basic terms and conditions of such offer, and a citation of the date of delivery to the owner. This date is the initiation of negotiations and triggers the relocation requirement of making a "Notice of Displacement ". Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 8 (ix) Statement of the Basis for the Determination of Just Compensation - A copy of the statement and an indication that it was delivered to the owner with written purchase offer. (x) Purchase Agreement, copy of recorded Deed, Declaration of Taking, Title Report, Tide exceptions - A copy of each such document and any similar or related document utili7ed in conveyance. (xi) Settlement Cost Reporting Statement - A signed copy of the statement. (xii) Purchase Price Receipt - Evidence of owner receipt of purchase price payment. (xiii) Copy of any appeal or complaint and City response. (b) If the City opts not to exercise its power of eminent domain and acquires real property through voluntary acquisition, City acquisition files must contain the following records: (i) Identification of property and property owners. (ii) Letter sent to Seller (prior to City making an offer on the property) which states: • Federal CDBG funds may be used on this project. • The Buyer has the power of eminent domain but will not use its power of eminent domain to purchase the property. • Seller is not eligible for benefits under the URA under this type of voluntary acquisition. • The current appraised value of the property, or other indication of fair market value approved in advance by the County. (iii) The seller must sign, date, and return the letter, thus documenting receipt. (iv) Appraisal Reports - A copy of each appraisal report, including reviewer's report, on which determination of just compensation was based. (v) Purchase Agreement, copy of recorded Deed, Declaration of Taking, Title Report, Tide exceptions - A copy of each such document and any similar or related document utili7ed in conveyance. (vi) Purchase of Price Receipt - Evidence of owner receipt of purchase price payment. (vii) Either: • Documentation that no tenants were affected by the sale; or • Copy of General Information Notices sent to tenants and Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 9 evidence of delivery of said notices. (viii) Evidence that the property is not part of a designated project area where substantially all the properties in the area will be purchased within a specified timeframe. The documentation must also show that the City does not require a specific site for the program or activity; instead, the documentation must show that the City is willing to consider alternative sites. 5) Equal Opportunity - The City will maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefitted from, the activities carried out under this Agreement. The City shall also maintain data which records its affirmative action in equal opportunity employment, and its good faith efforts to identify, train, and /or hire lower- income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. 6) Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR Part 570.605. 7) Miscellaneous Records - The City shall maintain such other records as may be required by the County and /or HUD. D. RETENTION OF RECORDS As required in 24 CFR 85.42, required records shall be retained for a period of four (4) years following the date of the submission of the final grantee performance report in which the activity is covered, except as follows: I) Records that are the subject of audit findings shall be retained for four (4) years or until such audit findings have been resolved, whichever is later. 2) Records for Real Property and Equipment shall be retained for four (4) years after its final disposition. The retention period starts from the date of disposition, replacement, or transfer at the direction of the County. Equipment is defined in 24 CFR Part 85.32 and real property is defined in 24 CFR Part 570.505. 3) Records for any displaced person shall be retained for four (4) years after such person has received final payment. 9. SPECIAL CONDITIONS A. The City shall execute this agreement no later than 30 days following the date of the County's letter of transmittal. B. At least five (5) days prior to soliciting bids the City shall make available to the County's Office of Community Development, a draft copy of the Bid Specifications (including drawings, if applicable). At a minimum, the draft specifications shall include : the date of Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 10 bid solicitation; date of bid opening or final date of phone solicitations, as applicable; proposed work activities; and anticipated award date. In addition, the City will provide a written construction cost estimate and a projected start of construction. C. Within ten (10) days after the Pre - construction Conference, the City shall make available to the Office of Community Development a copy of the following documents: Final Bid Specifications (including drawings, if applicable); all signed contract documents between the City and the Contractor; the City's Notice to Proceed; all required bonds obtained by the contractor; and a graph illustrating the work activities and projected schedule for each of the activities. D. On, or about, the first working day of each month, the City shall submit to the Office of Community Development a written Monthly Progress Report on the construction /rehabilitation activities. The report shall indicate the Progress Report #; Date of Report; CDBG Project Name & #; Contact Person; Phone #;.and Reporting Period. In addition the report shall contain a narrative description of activities accomplished during the past month; activities anticipated to be accomplished in the next month; percentage of construction /rehabilitation activities completed to date; and estimated date — end of construction. Finally, the City shall provide the Office of Community Development with a one (1) month "Rolling Schedule" of work activities. E. Prior to payment of the subcontracted work reimbursed using CDBG funds, the Subrecipient and the City must inspect all work performed by the contractor and its subcontractors during the month addressed on the Monthly Progress Report. This inspection must ensure that the work is performed to the specifications provided in the Statement of Work in EXHIBIT A -1 PROGRAM DESCRIPTION and to the satisfaction of the City prior to reimbursement of the Subrecipient for that month. Once the City has signed off on the work performed by the Subrecipient for that month, the Subrecipient can then submit an invoice from the contractor and its subcontractors for reimbursement by the City. The City, in turn, will submit its own invoice to the Washington County Office of Community Development using the CDBG Voucher Request Form for only the subcontracted work performed using CDBG funds for that month. 10. INFORMATION AND REPORTS The Subrecipient shall, at such time and in such form as the City may require, furnish such periodic reports concerning the status of this Agreement, such statements, certificates, approvals and of the proposed and executed plans and claims, and other information relative to this Agreement as . may be requested by the City. lie Subrecipient shall furnish the City, upon request, with copies of all documents and other materials prepared or developed in relation with or as part of this Agreement. 11. INTEGRATION This Agreement, including the attached exhibits, contains the entire agreement between the parties regarding use of Community Development Block Grant Funds on the project and supersedes all prior written or oral discussions or agreements. Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall/Hunziker Page 11 12. ATTORNEY FEES In the event a lawsuit of any kind is instituted on behalf of the City to obtain performance of any kind under this Agreement, Subrecipient agrees to pay such additional sums as the court may adjudge for reasonable attorney fees ant to pay all costs and disbursements incurred. 13. SEVERABILITY The Parities agree that if any term or provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected. Subrecipient Agreement for Public Improvement Project The Knoll Project Hall /Hunziker Page 12 14. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be sent by the parties in the United States mail, postage paid, or personally delivered to the addresses below: Attn: DuatieRoberts, CD Dept. Attn: Sheila Greenlaw -Fink Address: 13125 SW Hall Blvd., Address: Community Partners for Affordable Tigard, Oregon 97223 Housing 6380 SW Capitol Highway Suite 151 Portland, Oregon 97239 Phone: (503) 718 -2477 Phone: 503- 293 -4038 Fax: (503) 718 -2748 Fax: 503r293-4039 Email Address: duane ,tigard- or.gov Email Address: sgfmk( cpc ahinc.or Authorized by Tigard's Local Contract Review Board: CITY OF TIGARD CPAH By: Craig Prosser, City Manager By: Authorized Agent of Contractor Date Date Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 13 EXHIBIT A SCOPE OF SERVICES 1. Subrecipient shall provide services described in the Project Description, Exhibit A -1. Project Description, Exhibit A-1 "shall include the Subrecipient name, address, telephone number, name of contact, name of signatory officer with title -and position, and a statement of work. The statement of work shall include a description of the work to be provided, the purpose and nature of the services to be provided, including where they will be offered, the specific tasks to be performed, the level of service that will be provided (must be quantifiable level of service, e.g., installation of an accessible bathroom within a public facility), and the time schedule for the performance of work with target levels of service indicated at specific points in time. 2. Subrecipient shall submit reports as required in Special Conditions, Exhibit C and General Conditions, Exhibit D. Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 14 EXHIBIT A -1 PROGRAM DESCRIPTION Subrecipient Name: Communi Partners for Affordable Housim CPA Address: 6380 SW Capitol Highway Suite 151, Portland, Oregon 97239 Telephone Number:503- 293 -4038 Contact Person:Sheil Greenlaw -Fink, Executive Director Signatory Officer: Statement of Work: General project location is the intersection of SW Hall Boulevard and SW Hunziker Road in Tigard, Oregon. The work involved includes curb, sidewalk, landscape, and drainage improvements within the rights -of -way of the three public streets bordering The Knoll at Tigard senior affordable housing project. The three are SW Hall Boulevard, currently under Oregon Department of Transportation jurisdiction; and SW Hunziker and SW Knoll Drive, both owned and maintained by the City of Tigard. Before any work commences on the public improvements to SW Knoll and Hunziker, Subrecipient shall apply for and obtain a Public Facilities Improvement (PFIP) permit from the City of Tigard. Before any work commences on the public improvements to Hall Boulevard, Subrecipient must obtain Oregon Department of Transportation approval and applicable department permits. Project components are limited to construction items located within the public right - of -way and include: 1. Improvements to Hall Boulevard, 305 lineal feet. Includes curbs, sidewalks, storm drainage, and. landscaping; 2. Improvements to Knoll Drive, 158 lineal feet. Includes curbs, sidewalks, storm drainage, and landscaping; 3. Improvements to Hunziker Street, 89 lineal feat. Includes curbs, sidewalks, storm drainage, and landscaping; 4. Reinstall vehicular and pedestrian traffic signals, 5 poles; 5. Install traffic signal at Hall /Hunziker; Costs related to design, construction management, and project administration specifically are ineligible for reimbursement under this agreement. Project Schedule: July 2010 to February 2011 Project Cost: Four Hundred Twenty Five Thousand and No /100 Dollars ($425,000.00) Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 15 • EXHIBIT B EXPENDITURE, PAYMENT AND BUDGET PROVISIONS 1. PROGRAM EXPENDITURES Subrecipient may expend up to Four Hundred Twenty Five Thousand and No /100 Dollars ($425,000.00)., the Agreement amount. 2. UNEXPENDED FUNDS Any unexpended or unobligated funds remaining as of February 28, 2011 shall be returned to City unless approval to extend Agreement is authorized by City prior December 31, 2010, and approved in writing by Washington County, in accordance with General Conditions, Exhibit D, Item 5. 3. PAYMENT PROVISIONS Payment will be made by the City up to the amount of the Agreement upon receipt of a properly executed Invoice for Services Provided form, Exhibit E. Invoices and reports shall be signed by Subrecipient's authorized representatives. Invoices shall be submitted to the City of Tigard, Attn: Duane Roberts, Department of Community Development, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Invoices and reports shall be submitted no less than quarterly. Final invoice will be submitted to the City within 30 days of the end of the Agreement, February 28, 2011. The City of Tigard will then be responsible to submit all invoices in that quarter to the Washington County Office of Community Development, 328 W. Main Street Suite 100, Hillsboro, OR 97123. 4. INVOICE DOCUMENTATION All invoices shall be supported with signed and dated documentation such as bills, receipts, invoices, payroll records and time sheets. Documentation shall adequately identify the source and application of funds for activities within this Agreement in accordance with the provisions of 24 CFR 85.20, and shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. All documentation shall be maintained in Subrecipient's files for not less than five years. 5. PROGRAM INCOME For CDBG funded projects, the Subrecipient shall comply with provisions of 24 CFR 570.504(c) and 570.500 regarding program income. Program income is defined by HUD as the gross income received by a subrecipient directly generated from the use of CDBG funds. Program income includes, but is not limited to, the following: A. Proceeds from the disposition by sale or long -term lease of real property purchased or improved with CDBG funds; B. Proceeds from the disposition of equipment purchased with CDBG funds; C. Gross income from the use or rental of real or personal property acquired by a subrecipient with CDBG funds, less costs incidental to generation of the income; Subrecipient Agreement for Public Improvement Project The Knoll Project— Hall /Hunziker Page 16 D. Gross income from the use or rental of real property owned by a subrecipient that was constructed or improved with CDBG funds, less costs incidental to generation of income; D. Payments of principal and interest on loans made using CDBG funds; F. Proceeds from the sale of loans made with CDBG funds; G. Proceeds from sale of obligations secured by loans made with CDBG funds; H. Interest earned on program income pending its disposition; and I. Funds collected through special assessment made against properties owned and occupied by households not of low and moderate income, where the assessments are used to recover all or part of the CDBG portion of a public improvement. The Subrecipient shall record the receipt and expenditure of program income. The Subrecipient shall submit program income reports with invoices and statistical reports quarterly. Program income shall be retained by the Subrecipient provided that it shall be used exclusively for eligible activities as defined in the CDBG Regulations (24 CFR Part 570). Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 17 EXHIBIT C SPECIAL CONDITIONS 1. PROGRAM ADMINISTRATION The Subrecipient is solely responsible for the conduct of the contracted program. Its employees and agents shall not be deemed employees or agents of the City unless regular employees of the City of Tigard complete the actual work performed. The Subrecipient will perform all necessary and customary functions in the management and supervision of Subrecipient personnel for all work performed under the Agreement. Project activities will be completed in compliance with the terms of this Agreement and the regulations applicable to this program. Specific project activities, which trigger formal procedural regulation, include the following: Subcontracting, Conflict of Interest, Procurement, Nondiscrimination and Public Information. 2. DESIGNATED STAFF The Subrecipient shall designate an individual responsible for carrying out the contracted program, including coordination with City CDBG Administration. Staff. Subrecipient shall further designate one or more individuals authorized to sign payment requests under this Agreement. The names and signatures of these individuals shall be provided to City and maintained in City's program files. City shall designate an individual as City Contact to be responsible for administration of this Agreement. The name of such designated individual shall be provided to the Subrecipient. 3. REPORTING Statistical Reports and an Invoice for Services will be submitted to the City no less than quarterly. A final report describing program achievements, a comparison to objectives and discussion of problems and solutions, shall be submitted within 30 days of the end of the Agreement, February 28, 2011. Reports shall include statistical reports covering the program period, to date. The Subrecipient is responsible to provide to the City all contractor and subcontractor wage scale reporting to determine compliance with applicable labor standards per Exhibit D part 37 of this agreement. 4. CLIENT CONFIDENTIALITY Subject to the requirements of Oregon Public Records Law, ORS 192.410 to 192.505, all client information, including lists of persons receiving services obtained by the Subrecipient in the performance of Agreement, shall be considered confidential and not divulged for any purpose not directly connected with the. administration of the Agreement or monitoring and evaluation by City. City shall be allowed to review a sampling of case work history information to determine the adequacy of record keeping and quality of services performed. Nothing, however, prohibits the disclosure of information summaries, statistical, or other forms, which do not identify particular individuals. 5. BILINGUAL ASSISTANCE Subrecipient will provide bilingual assistance, as needed, to serve its clients. Bilingual assistance will be provided by bilingual staff to the extent possible. Bilingual means capable of using both English and Spanish languages with nearly equal facility. Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall/Hunziker Page 18 EXHIBIT D GENERAL CONDITIONS These General Conditions cover the use of Community Development Block Grant (CDBG) funds awarded under this Agreement to the Subrecipient by the City of Tigard. 1. TERMINATION FOR CAUSE In accordance with 24 CFR 85.43, if, through any cause, the Subrecipient shall fail to fulfill in a timely and proper manner his /her obligations under this Agreement, or if the Subrecipient shall violate any of the covenants, agreements, or stipulations of this Agreement, the City may avail itself of such remedies as cited in 24 CFR 85.43 including termination of this Agreement, by giving written notice to the Subrecipient of such action and specifying the effective date thereof. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Subrecipient under this Agreement shall, at the option of the City, become the property of the City and the Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, not to exceed the Agreement amount. Notwithstanding the above, the Subrecipient shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement, by the Subrecipient, and the City may withhold any payments to the Subrecipient for the purpose of set off until such time as the exact amount of damages due the City from the Subrecipient is determined. 2. TERMINATION FOR CONVENIENCE In accordance with 24 CFR 85.44, the City and Subrecipient may terminate this Agreement at any time by mutual written agreement. If the Agreement is terminated by the City as provided herein, the Subrecipient will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Subrecipient covered by this Agreement less payments of compensation previously made. 3. ENFORCEMENT REMEDIES In the event of termination under Section A hereof by the City due to a breach by the Subrecipient, then the City may complete the work either itself or by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the amount actually paid to the Subrecipient hereunder plus the remaining unpaid balance of the compensation provided herein, then the Subrecipient shall pay to the City the amount of excess. Allowable costs shall be determined in accordance with 24 CFR 85.43(c). The remedies provided to the City under Sections 1 and 3 hereof for a breach by the Subrecipient shall not be exclusive. The City also shall be entitled to any other equitable•and legal remedies that are available. In the event of breach of this Agreement by the City, then the Subrecipient's remedy shall be limited to termination of the Agreement and receipt of payment as provided in Section 2 hereof. In the event of termination under Section 1, the City shall provide the Subrecipient an opportunity for an administrative appeal. 4. DISPUTES Disagreements between the City and Subrecipient concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the City Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hubziker Page 19 Administrator or in accordance with the applicable procedures (if any) required by the State or Federal Government. 5. AGREEMENT CHANGES The City or Subrecipient may, from time to time, request changes in writing in the scope of services or terms and conditions hereunder. Major changes, including the scope of work, performance measures or any increase or decrease in the amount of the Subrecipient's compensation, shall be incorporated in written amendments to this Agreement, approved by the City Council and signed by the City Administrator on behalf of the City. Minor changes to the scope of work, budget line items, timing, reporting, or performance measures may be approved by the City Administrator on behalf of the City. 6. AGREEMENT NON- RENEWAL Sub - recipient understands and agrees that there is no representation, implication, or understanding that the services provided by Subrecipient under this Agreement will be purchased by the City under a new Agreement following expiration or termination of this Agreement, and waives all rights or claims' to notice or heading respecting any failure to continue purchase of all or any such services from Subrecipient. 7. FURTHER SPECIFICATIONS FOR OPERATING PROCEDURES Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to: monitoring, auditing, billing, reporting, or regulatory changes, may be developed and set forth in written informal agreements between the City and Subrecipient. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subrecipient as provided herein. Informal Agreements may be approved and signed by the Director of the Community Development Department on behalf of City. 8. NON- DISCRIMINATION AND AFFIRMATIVE ACTION During the performance of this Agreement, the Subrecipient shall not discriminate based on race, religion, color, sex, age, national origin, marital status, political affiliation or handicap condition and the Subrecipient shall, to the maximum feasible extent, ensure all interested persons can reasonably obtain information about, and access to, HUD - funded activities. The Subrecipient agrees to comply with the following: A. The requirements of the Fair Housing Act (42 U.S.C. 3601 -20) and implementing regulations at 24 CFR part 100; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1958 -1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307)(Equal Opportunity in Housing) and implementing regulations at 24 CFR part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR part 1; B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 -07) and implementing regulations at 24 CFR part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at CFR part 8; Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall/Hunziker Page 20 • C. The requirements of Executive Order 11246 (3 CFR 1964 -65, Comp., p. 339) (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR chapter 60; D. The requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701) providing: 1) To the greatest extent feasible, opportunities for training and employment be given to low- income persons residing within the unit of general local government or the metropolitan area; and 2) To the greatest extent feasible, contracts for work to be performed in connection with any such project be awarded to business concerns which are located in or • owned in substantial part by persons residing in the same metropolitan area as the project; and E. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). 9. ACCESS TO RECORDS The City, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, general organizational and administrative information, documents, papers, and records of the Subrecipient which are directly pertinent to this Agreement; for the purpose of making audit or monitoring, examination, excerpts, and transcriptions. All required records must be maintained by the Subrecipient for five years after the City makes final payments and all other pending matters are closed. 10. MAINTENANCE OF RECORDS The Subrecipient shall maintain fiscal records on a current basis to support its billings to the City. The Subrecipient shall retain fiscal as well as all records relating to program and client eligibility for inspection, audit, and copying for five years from the date of completion or termination of this Agreement. The City or its authorized representative shall have the authority to inspect, audit, and copy on reasonable notice and from time to time any records of the Subrecipient regarding its billings or its work hereunder. 11. AUDIT REQUIREMENTS Subrecipient shall arrange for annual, agency -wide audits conducted by an independent certified public accountant and carried out within six months from the end of each Agreement Year. If Subrecipient's fiscal year ends during the term of this Agreement, the audits may cover the Subrecipient's fiscal year provided the audit period includes at least six months of this Agreement period. Said audits shall be performed according to federal and state law and rules, specifically, the audits shall comply with OMB Circular A -133 (nonprofit and institutions of higher education) or A -128 (local governments). A copy of the audit and accompanying management letter shall be submitted annually to the City within two weeks of the date of the audit report. The audit shall include, at a minimum, assurances that: 1) financial statements present fairly the financial position of the Subrecipient;,.2) costs charged to City are appropriate; and 3) Subrecipient is complying with conditions of the Agreement. Subrecipient Agreement for Public Improvement Project The Knoll Project— Hall/Hunziker, Page 21 The Subrecipient is responsible for either including subcontractors within its own annual audit or assuring that separate independent audits are conducted and submitted to City for each subcontractor. The City, either directly or through a designated representative, may / the records of the Subrecipient at any time during the period established by Section 10 abve. If an audit discloses that payments to the Subrecipient were in excess of the amount to which the Subrecipient was entitled, then the Subrecipient shall repay the amount of the excess to the City. 12. MONITORING The City, through the Department of Community Development, shall monitor at least once each year, that portion of the Subrecipient's project funded with CDBG funds. Such monitoring shall ensure that the operation of the project conforms to the provisions of this Agreement. 13. INDEMNITY AND HOLD HARMLESS Subrecipient shall indemnify defend and hold harmless the City, its officers, officials, boards, . commissions, employees, volunteers, and agents from and against all claims, damages, suits, costs, judgments, losses, expenses, and attorney's fees arising directly or indirectly out of the performance of or the failure to perform the work described herein, caused in whole or in part by any negligent act or omission of the Subrecipient, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may beliable, regardless of the negligence of the City, except Subrecipient shall not be responsible when such liability arises from the sole negligence or willful misconduct of the City. Subrecipient shall promptly pay city for any costs that City incurs in enforcing this clause. 14. INSURANCE REQUIREMENTS For the duration of this Agreement, Subrecipient shall procure and maintain insurance against claims for personal injury, bodily injury or property damage which may arise from or in connection with the work hereunder by the Subrecipient, his agents, representatives and employees. Evidence of insurance acceptable to the City must be provided by the Subrecipient to the City before Subrecipient will be authorized to start work. A. The Subrecipient and all employers providing work, labor or materials under this Agreement that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon Iaw for all their subject workers or employers that are exempt under ORS 656.126. Out -of -state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. B. Subrecipient shall obtain, at Subrecipient's expense, and keep in effect during the term of this Agreement, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or. equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Subrecipient Agreement: for Public Improvement Project The Knoll Project — Hall /Hunaiker Page 22 Coverage Limit General Aggregate 1,000,000 Products - Completed Operations Aggregate 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (any one fire) 50,000 Medical Expense (any one person) 5,000 C. If Subrecipient will be delivering' any . goods or services which require the use of a vehicle, Subrecipient shall provide City a certificate indicating that Subrecipient has business automobile liability coverage for all owned, hired, and non -owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall name City as an additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If Subrecipient hires a carrier to make delivery, Subrecipient shall ensure that said carrier complies with this paragraph. D. Each policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party; reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: o The City, its officers, officials, agents, volunteers, and employees are to be covered as insureds for liability arising out of activities performed by or on behalf of the Subrecipient; products and completed operations of the Subrecipient; premises owned, occupied or used by the Subrecipient; and automobiles owned, leased, hired or borrowed by the Subrecipient. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, agents, volunteers or employees. o For any claims related to this project the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, agents, volunteers and employees. Any insurance of self - insurance maintained by the City, its officers, officials, agents, volunteers, and employees shall be excess of Subrecipient's insurance and shall not contribute with it. e Any failure to comply with reporting or other provisions of the Subrecipient's insurance policies including breaches of warranties shall not affect the coverage provided to the City, its officers, officials, agents, volunteers, and employees. • The Subrecipient's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of insurer's liability. Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall/Hunziker Page 23 E. Acceptability of Insurers - All coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. F. Verification of Coverage - Subrecipient shall furnish the City with certificates and original endorsements affecting the coverage herein required. Certified copies of policies must be furnished upon the request of the City.. Endorsements must be signed by a person authorized by that insurer to bind coverage on its behalf. The form of endorsement is subject to the City's approval. G. Deductibles and Self - Insured Retentions - Any deductibles or self - insured retentions must be declared to the City and are subject to the City's approval. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions with respect to the City; or the Subrecipient may be required by the City to procure a bond guaranteeing payment of losses, claims adjusting expenses, and defense costs below the deductible or self - insured retention. H. Subcontractors - Subrecipient's insurance shall provide coverage for all subcontractors, or Subrecipient shall furnish to the City separate certificates and endorsements showing coverage. for each subcontractor. The insurance requirements described herein shall apply to all subcontractors. 15. SUBCONTRACTING AND ASSIGNMENT The Subrecipient shall not assign this in whole or in part or any right or obligation hereunder, without prior written approval of the City, which approval shall not unreasonably be withheld. The subcontractor shall be responsible for adhering to all regulations cited within this Agreement. 16. INDEPENDENT CONTRACTOR STATUS The Subrecipient is engaged as an independent contractor•and will be responsible for any federal, state, or local taxes and fees applicable to payments hereunder. The Subrecipient and its subcontractors and employees are not employees of the City and are not eligible for any benefits through the City, including without limitation, federal social security, health benefits, workers' compensation, unemployment compensation, and retirement benefits. 17. COMPLIANCE WITH LAWS In connection with its activities under this Agreement, the Subrecipient shall comply with all applicable federal, state and local laws and regulations. For CDBG - funded projects, the Subrecipient shall carry out its,activities in compliance with 24 CFR 570. In particular (but not to the exclusion of other sections) Subrecipient shall comply with applicable uniform administrative requirements, as described in.24 CFR 570.502. Should Federal, or State regulations touching upon the subject of this Agreement be adopted or revised;duringthe term hereof, this Agreement may be amended to assure conformance with such Federal or State requirements. 18. CONFLICTS OF INTEREST No City officer or employee, during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, as required in 24 CFR 85.36.+ Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunziker Page 24 No board or director member or employee of the Subrecipient, during_his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds, as required in 24 CFR 85.36. Use of Agreement funds to pay personnel costs itemized in Agreement is exempted from this requirement. For CDBG - funded projects, the Subrecipient shall further comply with the conflict of interest provisions cited in 24 CFR 570.611. 19. AGREEMENT ADMINISTRATION Non -profit contractors shall comply with the applicable provisions of OMB Circular No's. A -122, and A -110 Attachments B, F, H paragraph 2, and 0, as described by 24 CFR 92.505. 20. PROPERTY MANAGEMENT The Subrecipient agrees that any real property, equipment or supplies purchased wholly or in part with program funds will be managed under the same guidelines applicable to the City in accordance with 24 CFR 570.505 (real property), 24 CFR Part 85.32 (equipment), and 24 CFR Part 85.33 (supplies). 21. EXPIRATION /REVERSION OF ASSETS For CDBG- funded projects, the Subrecipient shall comply with the Reversion of Assets provision of 24 CFR 570.503(6)(8). Upon expiration of this agreement, the Subrecipient shall transfer to the recipient any CDBG 'funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 22. OREGON LAW AND FORUM This Agreement shall be construed according to the law of the State of Oregon. Any litigation between the City and the Subrecipient arising under this Agreement or out of work performed under this Agreement shall occur, if in the state courts, in the Washington County court having jurisdiction thereof, and if in the federal courts, in'the United States District Court for the State of Oregon. 23. AVAILABILITY OF FUNDS It is understood by all parties to this Agreement that the funds used to pay for services provided herein are provided to the City through a grant from the U.S. Department of Housing and Urban Development. In the event that funding is reduced, recaptured, or otherwise made unavailable to City as a result of federal action, the City reserves the right to terminate the Agreement as provided under Section 2 hereof, or change the scope of services as provided under Section 5 hereof. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement may be amended to assure conformance with such Federal or State requirements. 24. MINIMIZING DISPLACEMENT /RELOCATION The Subrecipient assures that it will take all reasonable steps to minimize the displacement of persons as a result of this Agreement, and shall comply with the applicable provisions of 24 CFR 570.606. Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall/Hunziker Page 25 25. PROGRAM. ACCESS BY THE DISABLED The Subrecipient shall, to the maximum feasible extent, ensure interested persons can reasonably obtain information about, and access to, HUD- funded.activities. 26. LOBBYING No Federal appfopriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any. Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal_ Agreement, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form -Ill , "Disclosure Form to Report Lobbying," in accordance with its instructions. The Subrecipient shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans and cooperative agreement) and that all Subcontractors shall certify and disclose accordingly. 27. CHURCH /STATE The Subrecipient agrees to comply with the applicable provisions of 24 CFR 570.200(j) regarding the use of federal funds by religious organizations. No religious content or materials will be disseminated in any part of the programs or services funded under this Agreement. 28. NON - SUBSTITUTION FOR LOCAL FUNDING For CDBG - funded projects, the Subrecipient will not utilize grant funds to reduce substantially the amount of local financial support for community development activities below the level of such support prior tb the availability of funds under this Agreement. 29. COPYRIGHTS AND RIGHTS IN DATA Subrecipient shall not publish or transfer any materials produced or resulting from activities supported by' this.Agreement without the express written consent of the City Administrator. If any material is subject to copyright, the City reserves the right to copyright such, and the Subrecipient agrees not to copyright such material. If the material is copyrighted, the City reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. 30. NONPARTICIPATION IN POLITICAL ACTIVITIES The Subrecipient shall comply with the provisions of the Hatch Act (5 USC, Chapter 15). Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall/Hunziker Page 26 31. REAL PROPERTY ACQUISITION The Subrecipient shall comply with the applicable provisions of 49 CFR 24 regarding the use of federal funds for acquisition of real property, and with the applicable provisions of the Reversion of Assets provision of 24 CFR 570.503(6)(8) as described in D.23 of this agreement. 32. ENVIRONMENTAL REVIEW The Subrecipient shall comply with the 24 CRR 92.352, 24 CFR PART 58. and the National Environmental Policy Act of 1969. The Subrecipient shall not enter into a contract for, or otherwise commit CDBG funds for a project prior to the City's completion of an environmental review in accordance with 24 CFR part 50. The Subrecipient shall supply the City with the information necessary for the City to perform any applicable environmental review when requested under CFR 583.225(a). The Subrecipient shall carry out mitigating measures required by the City or ensure that alternate sites are utilized according to 24 CFR 54.22. _ 33. DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS, SUBRECIPIENT, OR OFFICERS The Subrecipient agrees to comply with the applicable provisions of 24 CFR 570.609 regarding the Debarred, Suspended or Ineligible Contractors or Subrecipients. The Subrecipient shall not use CDBG funds to directly or indirectly employ, award contracts to, or other wise engage the services of, of fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR part 24. The Subrecipient shall not have officers or board members that are debarred, suspended or ineligible to work on projects using federal funds. 34. LABOR.STANDARDS • The Subrecipient agrees to comply with the applicable provisions of the Davis -Bacon Act, the Contract Work Hours and Safety Standards. Act (CWHSSA), the Copeland Act andthe Fair Labor Standards Act covered under the regulations in 29 CFR Parts 1,3,5,6 and 7. The Subrecipient shall pay all laborers and mechanics employed by contractor or subcontractors on construction work financed in whole or in part with CDBG funds wage rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act. The Contract Work Hours and Safety Standards also apply. However, these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units. 35. LEAD -BASED PAINT The Subrecipient shall comply with the applicable provisions of 24 CFR 35, Requirements for Notification, Evaluation and Reduction of Lead -Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance. Thepurpose of the regulation is to protect young children from lead -based paint hazards in housing that is either receiving assistance from the Federal government or is being sold by the government. 36. NON - PROFIT AGREEMENTS The subrecipient shall comply with all applicable provisions of 24 CFR Part 84, Uniform Administrative requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non - Profits. Non- profits•receiving CDBG funds shall establish written procurement procedures as per the requirements of 24 CFR 84.44. Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall /Hunaiker Page 27 37. ARCHITECTURAL BARRIERS ACT AND THE AMERICANS WITH DISABILITIES ACT The Architectural Barriers Act of 1968 (42 U.S.C. 41514157) requires certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that insure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed, or altered with funds allocated or reallocated under this part after Dec. 11 1995, and that meets the definition of "residential structure" as defined in 42 CFG 101- 19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 10149. sib[art 101 -19.6, for general type buildings). The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable - that is, easily accomplishable and able to be carried out without much difficulty or expense. 38. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination may occur if the subrecipient materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. Subrecipient Agreement for Public Improvement Project The Knoll Project — Hall/Hunziker Page 28 Agenda Item # • Meeting Date May 25. 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /AgeiidaTitle Approve Budget Amendment #10 -03 to Recognize Receipt of Grant Funds for Fiscal Year 2010. Prepared By: Amy Lawson Dept [ -lead Approval: City \[gr Approval: V` ISSUE BEFORE THE COUNCIL Shall the City Council approve a budget amendment to establish appropriations for departments to receive grant funds awarded since the start of fiscal year 2010? STAFERECOMMENDATION ApproveAhe-budget • aiendment. KEY FACTS AND INFORMATION SUMMARY Grants have been awarded to the City dwing FY 2099 -10, resulting in the need for additional department appropriations. The following is a list of the grants awarded: • Tigard Turns the Tide carryover approved from Year 2 - $14,360 The City of Tigard was awarded a five -year grant through the "Drug Free Communities Support Program" administered by the Department of Health and Human Services. Locally, the grant is known as the "Tigard "Turns the Tide Community Coalition." This grant had carryover funds from Year :2 that were approved to .spend in fiscal year 2009 -10. • Library LSTA grant - $5,525 Funds were awarded to the City of Tigard for "Bridging the Gap: Gaming for All Ages through the Public Library" for purchases of games and equipment for educational purposes. • Edward Byrne Memorial Justice Assistance Grant - $20,903 Funds were awarded for this Local Solicitation Grant for the Police to acquire electronic ticketing software and hardware. • Metro Contract for City of Tigard Bike Map - $20,000 This grant was awarded to the City of Tigard to develop and print bike maps in order to promote reduction of automobile use and increase awareness of safe and available routes for bicycling. • Dept. of Land Conservation and Development grant - $35,000 This is a local planning assistance grant to help the City of Tigard update the Comprehensive Plan and determine how much and what kind of lands are available to accommodate job growth. • State Homeland Security Grant - $32,009 Funds'were awarded to the Police Department and Public Works for emergency communication equipment. • Oregon Water Resources Department grant for water reuse study' options - $2,552 Funds were awarded to the City of Tigard and CWS as joint partners to study water reuse options in :Downtown Tigard. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Resolution Attachment A FISCAL NOTES Appropriations need to be_made in the City's budget so that payments can be made for grant projects for the fiscal year. Total appropriations -in the amount of $13Q349 are needed in FY 2009 -2010 Adopted Budget. Agenda Item # v • l Meeting Date Tune 8, 2010 LOCAL CONTRACT REVIEW BOARD AGENDAITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Award Contract for Natural Resource /Planning Consultant to Assist the City in Developing an Incentive. Based Tree Grove Preservation Program Prepared By: Todd Prager Dept Head Approval: City Mgr Approval: r ie ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board award a contract to Winterbrook Planning to assist the City in developing an incentive based tree grove preservation program? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board award a contract to Winterbrook Planning to assist the City in developing an incentive based tree grove preservation program, and authorize the City Manager to take all necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY To implement,the Comprehensive Plan as recommended by the Urban Forestry Master Plan, Council has directed staff to develop and implement an incentive based tree grove preservation program aspart of the Urban Forestry Code Revisions project. The services of an outside natural resources /planning consultant are needed to ensure compliance with State and Metro regulatory requirements when developing the program. Staff:is proposing to hire Winterbrook Planning to assist the City in developing the program. Of the consultants that submitted proposals, Winterbrook Planning had the most experience assisting Oregon cities in the adoption of tree grove preservation programs. They received the highest aggregate score by the bid review committee. The following services will be provided to the City by Winterbrook Planning: • Project management and coordination to integrate the tree grove preservation program with the overall Urban Forestry Code Revisions project. • Inventory of the City's remaining groves of native trees using an objective, scientifically based, methodology. The inventory will help decision makers understand the size, location, and value of the groves. • Preparation of a report outlining the economic, social, environmental, and energy (ESEI ) consequences of a decision to allow, limit, or prohibit deteloprnenr and other conflicting uses in the tree groves. This analysis is required by state law, even for programs that will be incentive based and not intended to limit development. 1 • Recommendations to staff on revisions to the development code that will incentivize the preservation of tree groves. Again, these code revisions will be integrated into the overall Urban Forestry Code Revisions process and vetted through the Citizen Advisory Committee. • Public involvement including open houses and direct mailings to ensure property owners are engaged early in the process and can provide input as to what types of incentives could be used encourage preservation. This process will be consistent with Council's 18 month timeline for the Urban Forestry Code Revisions project. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Council Goal Lb — Update Tree Code ATTACHMENT LIST N/A FISCAL NOTES The expected cost of this project is approximately $65,000. Funds are budgeted in FY 2009 -2010 and FY 2010- 2011 budgets. 2 Agenda Item Meeting Date . Ju ne 10 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide A Resolution certi itr that the Ci of Ti:.rd •xovides services .uali in: for State Shared Revenues n p PreparedBy: Liz Lutz Dept Head Approval: City Mgr Approval: `j� ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the City Council approve a resolution certifying that the city of Tigard provides certain services making the City eligible to receive state shared revenues? STAFF RECOMMENDATION Staff recommends approval of the attached resolution. KEY FACTS AND INFORMATIONSUMMARY The City has estimated the receipt of the following,state shared revenues: IffifigrvAwaitsa pFYi200910;R:yrea ' FY t .GHnNGE _"`,,fix C aretterTax�"'t'E 5 , % ,k. II .$68,1,72! !`:„v" .` a,a.r. x . $63;5964 :" _' tti 1, . "(6 ?7 ° /)4 � - � x� �$G64r4 � 1 �t1i`� � 32:4 /o '� 'rI;t uox Tax - 3 50t 783 � � � � -� � 'r� _w.Si =w�,i, � _$ . a 4 r t . �+sr�_ n. >. 00 � i ?� ,-!s �.�xs ;91;1 Eiri_e "sgency Tax'= ° r,_' ° ;`i$253;320 ` 1 t , 47,3.n t ° 1!iI$238108' ,'. " ,W;° '{ f Sb 5` (0) "-"`'r "> Gas T ': ', =,$2,01''_4,047 , L $2,394,898 18:9 %o ,. s o 35M m S x," 9 I � s �.. p.. �iiotalsf .„ tts$2�837t�322 a tad $3,3G1,0 90°1u , The State of Oregon requires the City to certify its eligibility to receive these revenues by stating that it provides more than four of the services listed in ORS 221.760. The City does provide a. sufficient number of required services and is therefore eligible for receiving the state shared revenues. The services the City provides include police services; street construction, maintenance, and lighting; sanitary sewer and storm water management; planning, zoning, and subdivision control; and water utility. Approval of the attached resolution will meet the State of Oregon requirement of certification. OTHER ALTERNATIVES CONSIDERED 1. Do not accept - the revenues from the State of Oregon. CITY COUNCIL GOALS 1, Acceptance of these revenues will assist.in the funding of City goals and strategies. ATTACHMENT LIST 1. Resolution, FISCAL NOTES Approval of the- resolution would secure an estimated $3,361,002 in revenue for the City. D June 2010 AGENDA ITEM No. 4 Date: J 8, PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION CERTIFYING THE CITY PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES Due to Time Constraints City Council May Impose A Time Limit on Testimony • AGENDA ITEM No. 4 Date: June 8, 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. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # Meeting Date June 8, 2010 COUNCIL AGENDA ITEMSUMMARY City Of Tigard, Oregon Issue /Agenda Tide A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING REVENUES. Prepared By: Liz Lutz Dept Head Approval: i City Mgr Approval: e9 ISSUE BEFORE THE COUNCIL Shall the City Council approve a resolution declaring the City's election to receive state revenue sharing funds? STAFF RECOMMENDATION Staff recommends the approval of the attached resolution. KEY FACTS AND INFORMATION SUMMARY The City has estimated the receipt of $400,000 of state revenue sharing funds in the FY 2010 -11 budget. Such funds are available from the state for those cities that meet certain requirements. The major requirement is that a City must have levied property taxes in the previous year. The requirements also include having a public hearing before the Budget Committee and .a public hearing before the City Council. The hearing before the Budget Committee was held on May 10, 2010. Approval of the attached resolution will meet the state requirements for the City's election to receive these funds. OTHER ALTERNATIVES CONSIDERED Not accept the revenues from the State of Oregon. CITY COUNCIL GOALS Acceptance of this revenue will assist in the funding of City goals and strategies. ATTACHMENT LIST Resolution declaring City election to receive state revenue sharing funds. FISCAL NOTES Approval of this resolution would secure $400,000 of revenue for the General Fund. 11110/2OVnelpub'i g2g\wwwmolVOrmsVotn doeslcountil agenda tern summary steel 07 .aoc AGENDA ITEM No. 5 Date: June 8, 2010 PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE SHARED REVENUES Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 5 Date: June 8, 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. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # Meeting Date June 8, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Adoption of 2010 -2015 Capital Improvement Plan tt Prepared By: Toby LaFrance Dept Head Approval: S City Mgr Approval: c se ISSUE BEFORE THE COUNCIL Adoption fo the 2010 -2015 Capital Improvement Plan (CIP) STAFF RECOMMENDATION Staff recommends the adoption of the 2010 -2015 Capital Improvement Plan KEY. FACTS AND INFORMATION SUMMARY The- 2010 -2015 Capital Improvement Plan (CIP) is a five -year planning document for the City's capital construction projects., The CIP is the result of an extensive process involving staff, citizens, comittees, and Council to determine the capital needs of the City and what the .City can currently afford to fund in the budget and forecasted resources. This process resulted in the Proposed CIP that was considered by the Tigard Budget Committee. The Budget Committee approved the CIP for adoption by the Council. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS Implement Downtown Urban Renewal with the funding of projects in the Downtown CIP System, continue to pursue opportunities' to reduce congestion and continue to monitor the Tigard /Lake Oswego Water Partnership. ATTACHMENT LIST Approved 2010 -2015 Capital Improvement Plan. FISCAL NOTES The 2010 -2015 expenses related to the Approved 2010 -2015 CIP are funded in the Budget Committee Approved 2010 -2011 Budget. Ofvfltoudoel 114esolubon to edOpt bo0oeIt pla0epfion of 2010.2015 cip -ais docx City of Tigard Fiscal Years 2010 -2015 Capital Improvement Program Sweet System FullyTundediiid5aUg+u" Zat 't$?`22 242120 d4""35'HS,iP5SeiGdt7�1y?r. rt£"2:i«+Dal?'U'7:#.!t' ;:atatrtA s'5c'd8' € r v�y., P 1 n , 4EPmeacd '+jiaAAaitn. ze lU n 1 w"i (, iG Peolevct 7t, , ?rj § i r .1'Wd ` r , ,t� i > E�. w 2 I '4 2 w ' 1, ' ,a uk +2- 13 ##$ # ' " ' � ,.Project ho.r Piojea Namc �! intro rt.. art =.'y '4'.'• -r t _U0910.a2070.11 011 -12 2012 -t3 rrr 201314 - " 2011 -15 t'OI'a11, l 0 Pacific Highway / Ball Intersection - 42,133 21,067 - - - 63,200 93901 Street Right -of -Way Maintenance - 12,500 75,000 100,000 100,000 100,000 387,500 95001 Pavement Management Program 776,000 827,900 1,115,400 1,390,400 1,690,400 1,690,400 7,490,500 95005 Grecnburg Rd /Pacific Hwy/Main St Intersection Improvements 2,999,355 2,463,900 - - - - 5,463,255 93007 Barrows Rd. Sidewalk Installation 50,075 20,000 - - - - 70,075 95008 Garrett St Sidewalk (CDBG $141,790) 105,390 40,000 - - - - 145,390 93027 Citywide Sidewalk & Pedestrian Improvements - 141,000 141,000 141,000 141,000 141,000 705,000 Total Funded 3,930,820 3,547,433 1,352,467 1,631,400 1,931,400 1,931,400 14,324,920 City of Tigard Fiscal Years 2010 -2015 Capital Improvement Program Street System 'Fully Funded Streets Right =of -Way Maintenenec This program, funded by the Street Maintenance Fee, is For maintenance of street sigh[- of-ways on City Arterials and Collectors. Work will include mowing, vegetation trimming maintenance of stonnwater infdtration planters, and minor landscaping to maintain and enhance the aesthetics of the community. Actual Revised Through Budget Projected 2008 -09 2009 -10 2009 -10 2010-11 2011 -12 2012 -13 2013-14 2014 -15 Total External Expenses Construction 0 0 0 12,500 75,000 100,000 100,000 100000 387500 Total 0 0 0 12500 75,000 100,000 100,000 100,000 387,500 Internal Expenses Project Management 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 _ 0 0 0 0 0 Total Project Expense 0 0 0 12,500 75.000 100.000 100.000 100.000 387.500 ■ Revenue Funding Source Street Maintenance Fund 0 0 0 12,500 75.000 100000 100,000 100,000 387,500 Total Project Revenues 0 0 0 12.500 75,000 100000 100,000 100,000 387,500 Other Revenue Source 0 0 0 0 0 0 _ 0 0 0 Total 0 0 0 0 0 0 0 0 0 95001- Pavement Management Program 'this program, funded by the Street Maintenance Fee; consists of pavement overlays and slurry seals on various streets throughout the city in order to pre -e the City's investment in the existing street surface Pavement overlays are planned in Summer 2010 on Sequoia Pkwy, Pfaf0e St, and portions of Commercial St, 121st Ave, 98th Ave, and Noah Dakota St, depending on paving prices. Slurry seals are planned in 2010 in the Picks Landing area south of Durham Rd, and in the neighborhoods around the intersection of 135th Ave with Walnut St. Actual Revised Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013-14 2014 -15 Total External Expenses Design and Engineering 0 0 0 40,000 40,000 40,000 40,000 40000 200,000 Construction 850,089 850,089 776,000 737,500 1,025,000 1,300,000 1,600,000 1,600,000 7,038,500 Total 850,089 850,089 776,000 777,500 . 1,065,000 1,340,000 1,640.000. 1,640,000 7,238,500 Internal Expenses Project Management 0 0 0 10,400 10,400 10,400 10,400 10,400 52,000 Construction Management 0 0 0 40,000 40,000 40,000 40000 40,000 200,000 Total 0 0 0 50,400 50400 50,400 50,400 50,400 252,000 Total Project Expense 850.089 850,089 776,000 827,900 1,115,400 1.390400 1.690.400 1,690,400 7.490,500 Revenue Funding Source Gas Tax 87,903 0 0 0 0 0 0 0 0 Street Maintenance Fund 762.186 776.000 776,000 827,900 1,115.400 1,390,400 1,690400 1690,400 7,490,500 Total Project Revenues 850,089 776,000 776,000 827,900 1,115,400 1.390,400 1,690,400 1,690,400 7,490,500 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 t Citywide Sidewalk and Pedestrian Improvements This program will allow the addition of sidewalks, shon trail connections, and related fatuities in order.to link key gaps in the drys pedestrian system. Projects will be chosen each year based on pedestrian need, safety, benefit, mobility options, and ability to leverage other resources. Candidate locations have been identified in the Transportation System Plan (ISP) and indude 121st Avenue, Tiedeman Avenue, Tigard Street, North Dakota Street, and crossings of busy streed such as McDonald Street and Greenburg Road. Areas around city schools include 97th Avenue and Murdock Street, pedestrian facilities in Town and Regional Centers, connections to transit stops, and short trail sections identified in the Neighborhood Trails Plan. Actual KCVlxee Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013-14 2014 -15 Total External Expenses land /Right of Way Acquistion 0 0 0 10,000 10,000 10.000 10,000 10,000 50.000 Design and Engineering 0 0 0 10.000 10,000 10,000 10000 10.000 50,000 Construction 0 0 0 101,000 101,000 101.000 101.000 101,000 505,000 Total 0 0 0 121.000 121,000 121,000 121,000 121,000 605,000 Internal Expenses Project Management 0 0 0 10.000 10,000 10,000 10,000 10,000 50.000 Construction Management 0 0 0 10,000 10,000 10,000 10,000 10,000 50000 Total 0 0 0 20,000 20,000 20,000 20.000 20,000 100,000 Total Project Expense 0 0 0 141,000 141,000 141,000 141,000 141,000 705.000 Revenue Funding Source Gas Tax 0 0 0 141,000 141.000 141.000 141,000 141,000 705,000 Total Project Revenues 0 0 0 141,000 141,000 141,000 141,000 141,000 705,000 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 95007- Barrows Rd. Sidewalk Installation In FY 2008.09, the City entered into an agreement with Washington County to construct remaining half - street improvements along the east side of Barrows Road. A developer was required to build the curb, sidewalk, and landscaping oh Barrows Road but could not complete them as the half'street needed to wait for a County project to repair the existing bndge over Summer Creek. Since the City of'I'igard will take over half jwisdiction of Barrows Road, it was agreed that the City will complete the sidewalk installation, The City has received 571,814 from the developer for ehc installation and the money has been deposited in the Gas Tax Fund. Sidewalk construction will be complete in FY 2009 -10. The $20,000 in 1r4 2010 -11 is for landscaping. Acual ttevrsea Through Budget Projected 2008 -09 2009 -10 2009 -10 2010-11 2011 -12 2012 -13 2013-14 2014 -15 Total External Expenses Construction 0 71,814 50,075 20,000 0 0 0 0 70,075 Total 0 71,814 50,075 20.000 0 0 0 0 70,075 Internal Expenses Project Management 0 0 0 0 0 0 0 0 0 Construction Management 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 Total Project Expense 0 71.814 50,075 20,000 0 0 0 0 70,075 Revenue Funding Source Gas Tax 0 71.814 0 0 0 0 0 0 0 Total Project Revenues 0 71,814 0 0 0 0 0 0 0 Other Revenue Source Washington County 0 0 50,075 20,000 0 0 0 0 70,075 Total 0 0 50.075 20000 0 0 0 0 70,075 95005- Pacific Hwy 99W /Greenburg Rd /Main Si Intersection Improvements The intersections of Pacific Highway / Hall Boulevard and Greenburg Road / Main Street combine to cause some of the worst traffic congestion in 'Tigard. This is the City's portion of a combined City, County, and State project to improve both of these intersections. Improvements will include a) A third through lane on Pacific I lay 99W through both intersections; b) Additional turn lanes on Hall, Greenburg, and Alain for more efficient intersection operation; c) Improved roadway geometry (turning radius, etc.); d) Wider sidewalks, crossing improvements, and new bike lanes; e) stormwater pollution - reduction treatment and f) Landscaping to improve the aesthetics of this central area of our community. Constmenon is scheduled to start in early May, with completion anticipated in Spring 2011. AetuaI Revised Through Budget Projected 2008 -09 2009 -10 2009 -10 2010-11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Land /Right of Way Aeyuistion 0 620,000 1,640,007 0 0 0 0 0 1,640,007 Design and Engineering 285,772 0 488.348 0 0 0 0 0 488.348 Construction 0 351.450 871,000 2,034,900 0 0 0 0 2,905,900 Total 285,772 971,450 2,999,355 2,034,900 0 0 0 0 5,034,255 Internal Expenses Project Management 0 0 0 79,000 0 0 0 0 79,000 Construction Management 0 0 0 350,000 0 0 0 0 350,000 Total 0 0 0 429,000 0 0 0 0 429,000 Total Project Expense 285,772 971,450 2,999,355 2,463,900 0 0 0 0 5.483,255 Revenue Funding Source City Gas Tax 285,772 0 2,855,355 2,253,900 0 0 0 0 5,109,255 Water Fund 0 0 144,000 210,000 0 0 0 0 354,000 Total Project Revenues 285,772 0 2,999,355 2,463,900 0 0 0 0 5.463,255 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 95008 - Garrett Street Sidewalk Funding provided by the Community Development Block Grant program in the amount of $141,790 will be used to sidewalk gaps on the south side of Garrett Street between Ash Avenue and Pacific I lighway and to improve the existing storm drainage system. lingiteeting and construction management services wall be provided by the City as local match. Installation of the sidewalk gaps will be completed before June 30, 2010. The second phase of the project is to apply pavement overlay on the street upon completion of the sidewalks. the overlay is scheduled for the summer of 2010. Actual Revised Through Budget Projected 2008 -09' 2009 -10 2009-10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Design and Engineering 0 0 3,600 0 0 0 0 0 3,600 Construction 0 141.790 101.790 40,000 0 0 0 0 141,790 Total ' 0 141.790 105.390 40,000 0 0 0 0 145,390 Internal Expenses Project Management 0 0 0 0 0 0 0 0 0 Construction Management 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 Total Project Expense 0 141,790 105,390 40,000 0 0 0 0 145,390 Revenue Funding Source Gas Tax 0 141,790 0 0 0 0 0 0 0 Total Project Revenues 0 141,790 0 0 0 0 0 0 0 Other Revenue Source Community Development Block Grant 0 0 105,390 40,000 0 0 0 0 145,390 Total 0 _ 0 105,390 40,000 0 0 0 0 145,390 Pacific Highway /Hall Boulevard Intersection The City has partnered with the State to provide project management services for the improvement of the intersection of Pacific Highway and Hall Boulevard, The improvements to this intersection are working in association with the Greenburg Road /Pacific I lighway /Main Street road improvements. Actual Revised Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013-14 2014-15 Total External Expenses Land /Right of Way Acyuistion 0 0 0 0 0 0 0 0 0 Design and Engineering 0 0 0 0 0 0 0 0 0 Construction 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 Internal Expenses Project Management 0 0 0 42,133 21,067 0 0 0 63,200 Total 0 0 0 42,133 21,067 0 0 0 63,200 Total Project Expense 0 0 0 42,133 21.067 0 0 0 63.200 Revenue Funding Source Gas Tax 0 0 0 42,133 21,067 _ 0 0 0 63,200 Total Project Revenues 0 0 0 42.133 21,067 0 0 0 63,200 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 City of Tigard Fiscal Years 2010 -2015 Capital Improvement Program D owntown Projects Pulr + 12,1 #rV .r. 'f � O _ — .. :" a `.yk'7r tw . w m f "a v o i ui A x "� f "' 4 � =, >t 9�lL�; }Y?`4It� , d'�`i�'� ?.�. atuH�vY�it�i:�..�u. �t,��p.fQ, + i,� t lo a t - ,'rj c ,: ,- ' P "-xne % l ' " #°{ 9.+ . ,� a- _ etl v.'3 s.9 Gass g- ° i � rojcc o°55 a �' +a73 . + s 2 u " ' o + o i > e l 4! . v Yro l cccNo , , �b f ro7cct Na+no��t��..„ „A, � !�Fj� +a"t) i'°g+ 01(1- .ltt�� Ot l;(24g,Cf ©1213 - 2033,14 2014 - �!�- .'I'otnlA,"1?a 95030 Ash Ave Extension (Burnham to RR Tracks 181,029 235,320 - - - - 416,349 97002 Burnham St Reconstruction 3,253244 2,849,462 - - - - 6,102,706 97003 Main St /Grecn St Retrofit 101,000 650,000 389,000 - - - 1,140,000 Total Funded 3,535,273 3234,782 389,000 - - - 7,659,055 City of Tigard Fiscal Years 2010 -2015 Capital Improvement Program Downtown Projects 'Fully Funded 970024Bu61ham St. Reconstruction The construction of Bumham Street improvements incorporates design concepts recommended by the Tigard Downtown Comprehensive 5rreetscape Plan. These concepts include widening Burnham Street between Main Street and Hall Boulevard. Sidewalks, landscaped medians, pedestrian crossings and on -street parking will be provided as part of the widening. In addition, a traditional four -way intersection will be installed at the intersection of Bumham Street and Mb Avenue. Green street stonnwater management features will be constructed for water quality enhancement. Construction began in the Fall of 2009 and will be complete in June 2011. Actual Kevraed Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 201415 Total External Expenses land /Right of Way Acquistio 599,376 0 746,041 0 0 0 0 0 746,041 Design and Engineering 0 0 105,144 49053 0 0 0 0 154,198 Construction 0 5.106,463 2.402,059 2.391,339 0 0 0 0 4,793,398 Total 599,376 5106,463 3,253,244 2,440392 0 0 0 0 5,693536 Internal Expenses Project Management 0 0 0 61,837 0 0 0 0 81,837 Construction Management 0 0 0 284,699 0 0 0 0 284,699 Public Involvement 0 0 0 42,534 0 0 0 0 42,534 Total 0 0 0 409,070 0 0 0 0 409,070 Total Project Expense 599.376 5,106,463 3,253,244 2,849,462 6,102,706 Revenue Funding Source Gas 'fax 0 3,200,000 2,462,513 2,022,152 0 0 0 0 4.484,665 Transportation Development 0 100,000 41,476 36,403 0 0 0 0 77,879 'Traffic Impact Fee 599,376 950,000 394.025 313,408 0 0 0 0 707,433 Underground Utility 0 300,000 124,429 97,202 0 0 0 0 221,631 Water GIB 0 556,463 230,801 180,297 0 0 0 0 411,098 Urban Renewal Fund 0 0 0 200,000 0 0 0 0 200,000 Total Project Revenues 599,376' 5,106,463 3,253,244 2,849,462 0 0 0 0 6,102,706 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 95030 -Ash Ave. Extension (Burnham to RR) This project includes construction of a 24 -foot wide paved section to provide two travel lanes and a 5 -foot wide sidewalk on the west side. Streetlights, stone drain, and sanitary sewer pipes are also included in the project. The new street connects the future Bumham /Ash Avenue intersection to the new Park and Ride parking lot constructed by the Commuter Rail project. Actual Kevtsed Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Land /Right of Way Acquistio 361,583 0 0 0 0 0 0 0 0 Design and Engineering 2,082 0 0 0 0 0 0 0 0 Construction 0 390,749 181,029 216.185 0 0 0 0 397,214 Total 383,665 390,749 181,029 216,185 0 0 0 0 397,214 Intemal Expenses Project Management 0 0 0 19,135 0 0 0 0 19,135 Total 0 0 0 19,135 0 a 0 0 0 19.135 Total Project Expense 383,665 390,749 181,029 235.320 418,349 Revenue Funding Source Gas Tax 381,583 250,000 35,711 235,320 0 0 0 0 271.031 Water SDC 0 100,749 104,500 0 0 0 0 0 104,500 Water CIP 0 40,000 40,818 0 0 0 0 0 40,818 Total Project Revenues 381,583 390,749 181,029 235,320 0 0 0 0 416,349 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 97003 -Main St. / Green St. Retrofit The Main Street project is a multi -year project including comprehensive redesign and construction of the full length of plain Street. 'fhe project is divided into 2 phases: Phase 1 starts at the railroad tracks and proceeds south to Pacific Highway. Phase 2 will start at the railroad tracks and terminate at Scoffins Street, where the Pacific Highway project will complete improvements in FY 2010 -11. Phase 1 (hffIP Grant proposal) is to reconstruct the street in accordance with Green Street Standards for 1400 lineal feet of Main Street, It encompasses the entire public right -of -way (ROW) and includes streets, curbs, sidewalks, landscape and drainage improvements. Design will be based on concept plans as approved in the Downtown Streetseape Plan. Actual Keviset1 Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 201415 Total External Expenses Design and Engineering 0 60,000 101,000 53,333 0 0 0 0 154,333 constmction 0 0 0 476,667 290,000 0 0 0 766,667 Total 0 60,000 101,000 530.000 290,000 0 0 0 921,000 Internal Expenses Project Management 0 0 0 42,000 21,000 0 0 0 63,000 Construction Management 0 0 0 78,000 78,000 0 0 0 156,000 Total 0 0 0 120,000 99,000 0 0 0 219,000 Total Project Expense 0 60,000 101,000 650,000 389,000 0 0 0 1,140,000 Revenue Funding Source Gas Tax 0 60,000 101,000 450,000 389,000 0 0 0 940,000 Water 0 0 0 200.000 0 0 0 0 200.000 Total Project Revenues 0 60,000 101,000 650,000 389,000. 0 0 0 1,140,000 Other Revenue Source Metropolitan Transportation Improvement Program 0 0 511.460 44,865 1.983,875 0 2,540,000 Total 0 0 511,460 44,865 1,983,675 0 0 0 2,540,000 City of Tigard Fiscal Years.2010 -2015 Capital Improvement Program Parks System �201 ti-chOWOADe.N.:u'Sr: "i. .' s G°{�# x'+txiG' Ntagquf ::i� r'I'�*h� $ i� III2 ),: rIa'aS"HMnq,-".'+74s : .°' '.37i'M�'d .�t�N.SaiV. S ; k{ g ' s 4 4 F re � I Pco l eete Yl I: ;, i re, ii7 kp �?� y ` * C y +a $ ` ',. s cct ' ,W �+Pro No� Pro ,__ ��'� �.,, ,��, .l0� '� . , L,12 t�,fhn 2012, 13�it� @?013 ° 14Ik , &2014,15 E �rTora l lb�C: 92017 Tree Canopy Replacement Program 150,000 150,000 75,000 75,000 75,000 75,000 600,000 92003 East Butte Heritage Park Dcvclopmcn 2,037 - 146,250 213,250 - - 361,537 92004 Cook Park Restroom /Shelter - 160,000 - - - - 160,000 92006 Fanno Creek House (Schaln.) 43,095 144,600 - 252,000 - - 439,695 92012 Parks SDC Update 14,940 16,000 - - - - 30,940 92016 Summer Creek Park - 5,333,000 - - - - 5,333,000 92018 Entryway Monuments - - 67,115 62,115 58,269 57,000 244,499 92024 Fanno Creek Trail Main to Grant 115,000 100,000 - - - - 215,000 Total Funded 325,072 5,903,600 288,365 602,365 133,269 132,000 7,384,671 City of Tigard Fiscal Years 2010 -2015 Capital Improvement Program Parks System Fully Funded 92017 -Tree Canopy Replacement Program The City of Tigard collects funds from developers who remove trees and are unable to meet replacement requirements. This program utilizes the tree replacement fund for planting trees, thereby replacing lost tree canopy. Annually, the City will deliver and plant free street trees in the Fall/Winter for eligible Tigard residents requesting trees. After the free street tree program is completed in the spring, the Ciry will then pursue a large scale planting opportunity in stream corridors, on school grounds, along highways, or where canopy iplacement is needed. Funds will also be used to maintain prior planting during an establishment period. Actual Revised Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Construction 50,843 150,000 150,000 150,000 75,000 75,000 75,000 75,000 600,000 Total 50,843 150,000 150,000 150,000 75,000 75,000 75,000 75,000 600,000 Internal Expenses Project Management 0 0 0 0 0 0 0 0 0 Public Involvement 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 Total Project Expense 50,843 150,000 150,000 150,000 75,000 75,000 75,000 75,000 600,000 Revenue Funding Source Tree Replacement Fund 50,843 150,000 150,000 150,000 75,000 75,000 75,000 75,000 600,000 Total Project Revenues 50,843 150,000 150,000 150,000 75,000 75,000 75,000 75,000 600,000 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 92018- Entryway Monuments The City will build monument signs for Tigard entryway portals. Actual Revised Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Construction 72,042 60,000 0 0 67,115 62,115 58,269 _ 57,000 244.499 Total 72,042 60,000 0 0 67,115 62,115 58,269 57.000 244,499 Internal Expenses I'mject Management 0 0 0 0 0 0 0 0 0 Public Involvement 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 Total Project Expense 72,042 60,000 0 0 67,115 62,115 58,269 57,000 244,499 Revenue Funding Source General fund 0 60,000 0 0 67,115 62,115 58,269 57,000 244,499 Parks Capital Fund 72,042 0 0 0 0 0 0 0 0 Total Project Revenues 72,042 60,000 0 0 67,115 62,115 58,269 57,000 244,499 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 92024 -Fanno Creek Trail: Main St, to Grant St. This project includes the installation of a trail from Main Street to Grant Street. This trail is a key part of the larger Fanno Creek Regional Trail System from Portland to Tualatin. The funding provided is for land acquisition, conceptual design and permitting as needed. Construction is expected to begin in IY 2010 -11. Actual Kevrsed Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Land /Right of Way Acquisition 0 70,000 115,000 0 0 0 0 0 115,000 Design and Engineering 0 0 0 10,000 0 0 0 0 10,000 Construction 0 0 0 70,000 0 0 0 0 70.000 Total 0 70,000 115,000 80,000 0 0 0 0 195,000 Internal Expenses Project Management 0 0 0 10,000 0 0 0 0 10,000 Construction Management 0 0 0 10,000 0 0 0 0 10,000 Total 0 0 0 20.000 0 0 0 0 20,000 Total Project Expense 0 70,000 115,000 100,000 0 0 0 0 215,000 Revenue Funding Source General Fund 0 53,000 86,250 75,000 0 0 0 0 161,250 I'ark System Development Char 0 17,000 28,750 25,000 0 _ 0 0 0 53,750 Total Project Revenues 0 70,000 115,000 100.000 0 0 0 0 215.000 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 92006 -Fanno Creek House (Schaltz) The City's Fanno Creek House will be remodeled and landscaping, parking, and riparian improvements will be made. Actual Kevisen Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Design and Engineering 26,899 10,000 43,095 0 0 0 0 0 43,095 Construction 0 148,000 0 135,000 0 228,000 0 0 363,000 Total 26,899 158,000 43,095 135,000 0 228,000 0 0 406,095 Internal Expenses Project Management 0 0 0 9,600 0 24,000 0 0 33,600 Construction Management 0 0 0 0 0 0 0 0 0 Total 0 0 0 9,600 0 24,000 0 0 33,600 Total Project Expense 26.899 158,000 43.095 144,600 0 252.000 0 0 439,695 Revenue Funding Source General Fund 26,899 158,000 43,095 144,600 0 252,000 0 0 439.695 Total Project Revenues 26,899 158,000 43,095 144,600 0 252,000 0 0 439.695 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 92003-East Butte Heritage Park Development The City has purchased property to develop a neighborhood park. Park development will include a playground structure, picnic shelter, basketball court, portable restroom, picnic tables, benches, garbage cans, and soft and hard surface trails. Actual Revised Through Budget Projected 2008 -09 200910 2009 -10 2010 -11 2011 -12 2012 -13. 2013 -14 2014 -15 Total External Expenses Design and Engineering 26,676 130000 2,037 0 120,250 0 0 0 122,287 Construction 0 0 0 0 0 180,250 0 0 180,250 Total 26,676 130,000 2,037 0 120,250 180,250 0 0 302,537 Internal Expenses ProjcctManagement 0 0 0 0 26,000 13,000 0 0 39,000 Public Involvement 0 0 0 0 0 20,000 0 0 20,000 Total 0 0 0 0 26,000 33,000 0 0 59,000 Total Project Expense 26,676 130,000 2,037 0 146,250 213,250 0 0 361,537 Revenue Funding Source General Fund 0 77,000 1,222 0 87,750 127,950 0 0 216,922 Park System Development Char 26,676 53,000 815 0 58,500 85,300 0 0 144,615 Total Project Revenues 26,676 130,000 2,037 0 146,250 213,250 0 0 361,537 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 92016 - Summer Creek Park Acquire land for a community park in Tigard. Within the park, natural areas will be presented and enhanced, and a ball Geld and interpretive center will be constructed. Over fifty percent of project funding has been provided by outside agencies. Actual Revised Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Land /Right of Way Acquisition 0 1,000,000 0 5,333,000 0 0 0 0 5,333,000 Design and Engineering 0 0 0 0 0 0 0 0 0 Construction 0 0 0 0 0 0 0 0 0 Total 0 1,000,000 0 5,333,000 0 0 0 0 5,333,000 Internal Expenses Project Management 0 0 0 0 0 0 0 0 0 Public Involvement 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 Total Project Expense 0 1,000,000 0 5,333,000 0 0 0 0 5,333,000 Revenue Funding Source Parks Capital Fund 0 873,317 0 0 0 0 0 0 0 Park System Development Char 0 126,883 0 1,983,000 0 0 0 0 1,983,000 Total Project Revenues 0 1,000,000 0 1,983,000 0 0 0 0 1,983,000 Other Revenue Source Oregon Water Resources Board 0 0 0 1,000,000 0 0 0 0 1,000,000 Washington County/Clean Water Services 0 0 0 500,000 0 0 0 0 500,000 Metro Greenspace Revenues 0 0 0 850,000 0 0 0 0 850,000 Nature in Neighborhoods 0 0 0 1,000,000 0 0 0 0 1,000,000 Total 0 0 0 3,350,000 0 0 0 0 3,350,000 92012 -Parks System Development Charges Update The Parks System Development Charges (S DC) methodology will be updated in Spring 2010. The update will be conducted by a consultant, and will determine the methodology for applying SDC's as well as establishing new rates. Actual Revised Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014-15 Total External Expenses Design and Engineering 5,155 16,000 14,940 16,000 0 _ 0 0 0 30,940 Total 5.155 _ 16,000 14,940 16,000 0 0 0 0 30,940 Internal Expenses Project Management 0 0 0 0 0 0 0 0 0 Public Involvement 0 0 0 0 0 0 0 0 0 Total 0 0_ 0 0 0 0 0 0 0 Total Project Expense 5,155 16,000 14,940 16,000 0 0 0 0 30,940 Revenue Funding Source l'ark System Development Char 5,155 16,000 14,940 16,000 0 0 0 0 30,940 Total Project Revenues 5,155 16,000 14,940 16,000 0 0 0 0 30,940 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 92004 -Cook Park Restroom A resuoom, which was destroyed by fire, will be replaced. A portion of the funding will be provided by insurance. Actual Revised Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014-15 Total External Expenses Design and Engineering 0 0 0 10,000 0 0 0 0 10,000 Construction 0 90,000 0 140,000 0 0 0 0 140,000 Total 0 90,000 0 150,000 0 0 0 0 150.000 Internal Expenses Project Management 0 0 0 10,000 0 0 0 0 10,000 Total 0 0 0 10,000 0 0 0 0 10,000 Total Project Expense 0 90,000 0 160,000 0 0 0 0 160,000 Revenue Funding Source General Fund 0 80,000 0 128,000 0 0 0 0 128,000 Parks Capital Fund 0 10,000 0 0 0 0 0 0 0 Total Project Revenues 0 90,000 0 128,000 0 0 0 0 128,000 Other Revenue Source Payment from Insurance 0 0 0 32,000 0 0 0 0 32,000 Total 0 0 0 32,000 0 0 0 0 32,000 City of Tigard Fiscal Years 2010 -2015 Capital Improvement Program Water System a .>t r a m �1 F r a xt Pau .� ;#fit 73. < °>t'; >�?'�tx�!'�iRl�i� m .t �;! 1��; �4s�x..: i? 6�' mr�r�r�r�r�!( �mmxe- 7�'' G� "ii.�,�r�- , llkEigr�'tH?m`, 7 AIWA .. 's . e P� 1 d e 1w 7 r"3"',flai t'( + lecred..� Rh . x � ;#4r.1 ` 'vy ti6 Wi�' ,- `+S'1'`- P o No_l Pro .7 * ip,,o -Cfr.� e t k :R'''i4vS11 i t �`1{ 009'10% 2 010 71 ` dG.20 }7 12 '•012 }yg2A13 14„ 014J5F' Tonl; 96008 Water Main Line Ovenizing 40,000 100,000 100,00(1 150,000 150,000 150,000 690,000 96010 ASR 3 - - 265,000 2,421,000 50,000 - 2,736000 96011 ASR Expansion - - - - 178,429 2,020,571 2,199,000 96013 550' Zone Improvements: 10 MC, Transfer Pump Station Upgrae 1,123,994 3,543,043 226,000 - - - 4,893,037 96018 Lake Oswego Partnership 3,260,000 4,893,960 5,093,960 8,093,960 25,093,960 25,093,960 71,529,800 96022 SIX Methodology Update 25,000 25,000 - - - - 50000 96023 Sherwood Partnership - 1, 000,000 - - - - 1000,000 Total Funded 4,4-48,994 9,562,003 5,684,960 10,664,960 25,472,389 27,264,531 83,097,837 City of Tigard Fiscal Years 2010- 2015,Capital Improvement Program Water System 'Fully Funded 96008 -Water Main Line Oversizing During the course of the year, the City may find the need to upsize a planned pipeline through a new development, thus accomplishing an identified capital improvement as listed in the Water Distribution System Hydraulic Study dated May 2000. Actual Revised Through Budget Projected 2008 -09 2009-10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Construction 80,000 40,000 100,000 100,000 150,000 150,000 150,000 690,000 Total 0 80,000 _ 40,000 100,000 100000 150,000 150.000 150,000 690,000 Internal Expenses Project Management 0 0 0 0 0 0 0 0 0 Public Involvement 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 Total Project Expense 0 80,000 40,000 100,000 100,000 150000 150,000 150,000 690,000 Revenue Funding Source Water SIX 0 80,000 40,000 0 0 0 0 0 40,000 Water Fund 0 0 0 100,000 100,000 150,000 150,000 150,000 650,000 Total Project Revenues 0 80,000 40,000 100,000 100000 150,000 150,000 150,000 690,000 Other Revenue Source 0 0 0 0 0 0 0 _ 0 0 Total 0 0 0 0 0 0 0 0 0 96022 -SDC Methodology Update Periodic review of system development rate methodology regarding developer fees and charges for water uNiry senire infrastructure. Actual ttemse0 Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Design and Engineering 0 50,000 25,000 25,000 0 0 0 0 50,000 Total 0 _ 50,000 25,000 25,000 0 0 0 0 50,000 Internal Expenses Project Management 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 Total Project Expense 0 50,000 25,000 25,000 0 0 0 0 50,000 Revenue Funding Source Water 500 0 50,000 25.000 25,000 0 0 0 0 50,000 Total Project Revenues 0 50,000 25,000 25,000 0 0 0 0 50,000 Other Revenue Source 0 0 0 0 0 0 0 o 0 Total 0 0 0 0 0 0 0 0 0 96013-550' Zone Improvements: 10 MG Transfer Pump Station The existing transfer pump station located on the 10- million gallon reservoir site at Bull Mountain Road /125th 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 zones. service Construction of this improvement increases pumping capacity from 2000 to 3300 gallons per minute (gpm) for the 713 -foot service zone. The pump station will also provide 3900 gpm to the 550 -Foot Zone Reservoir No. 2. Along with the pump station improvements, a seismic evaluation of the existing 10.million gallon reservoir will be completed to determine what upgrades shall be incorporated during construction as a pan of the overall project. Acruat nevrsea Through Budget Projected 2008 -09 2009 -10 2009 -10 2010-11 2011 -12 2012 -13 2013-14 2014 -15 Total External Expenses Design and Engineering 187,476 0 115,851 0 0 0 0 0 115,851 Connmction 0 4,686,000 1,008,143 3,299,186 0 0 0 0 4,307,329 Total 187,476 4,686,000 1,123,994 3,299,186 0 0 0 0 4,423,180 Internal Expenses Project Management 0 0 0 126,000 126,000 0 0 0 252,000 Construction Matiageme 0 0 0 117,857 100,000 0 0 0 217,857 Total 0 0 0 243,857 226,000 0 0 0 469,857 Total Project Expense 187,476 4,686,000 1,123,994 3,543,043 226,000 0 0 0 4,893,037 Revenue Funding Source Water CIP 0 4,686,000 1,011,595 3,543,043 226,000 0 0 0 4,780,638 Rater SDC 0 0 112,399 0 0 0 0 0 112,399 Water Fund 187,476 0 0 0 0 0 0 0 0 Total Project Revenues 187,476 4,686,000 1,123,994 3,543,043 226,000 0 0 0 4.893.037 Other Revenue Source American Recovery & Rein 0 4,686,000 1,123.994 3.543.043 226,000 0 0 0 4,893,037 Total 0 4,686,000 1,123,994 3,543,043 226,000 0 0 0 4,893,037 96011 -A5R Expansion The City's hydrogeologist of record will assist Staff in locating potential sites for additional aquifer storage and recovery (ASR wells). In addition, test wells must be drilled by a qualified well driller in order for the hydrogeologist to determine suitability of the well for ASR purposes. Therefore, these studies will include both consultant and drilling services Aelnal nev(sea Through Budge( Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Design and Engineering 0 0 0 0 0 0 151,000 0 151,000 Conswcdon 0 0 0 0 0 0 0 1,800,000 1800,000 Total 0 0 0 0 0 0 151,000 1,800,000 1,951,000 Internal Expenses Project Management 0 0 0 0 0 0 27,429 20,571 48,000 Construction Manageme 0 0 0 _ 0 0 0 0 200,000 200,000 Total 0 0 0 0 0 0 27,429 220,571 248,000 Total Project Expense 0 0 0 0 0 0 178,429 2,020,571 2,199,000 Revenue Funding Source Water SIX 0 0 0 0 0 0 178,429 2,020,571 2,199,000 Total Project Revenues 0 0 0 0 0 0 178,429 2,020,571 2.199,000 Other Revenue Source 0 0 0 0 0 0 0 0 0 Tonal 0 0 0 0 0 0 0 0 0 96010 - Aquifer Storage & Recovery Well #3 'The Water Disidbuiion System I lydraulic Study identified a need for the expansion of the City's Aquifer Storage and Recovery program. In fiscal year 2007 -2008, a 1000-0 deep well was succrs.6iIly drilled Well head improvements which include the installation of a pump, motor, and accompanying pipe and chlorination system are scheduled in 2012. The pump station will provide 2.5 million gallons of water per day during dry summer months. Actual Revised Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Design and Engineering 0 0 0 0 251,000 0 0 0 251,000 Construction 0 0 0 0 0 2,200,000 0 0 2,200,000 Total 0 0 0 0 251,000 2,200,000 0 0 2,451,000 Internal Expenses Project Management 0 0 0 0 14,000 21,000 0 0 35,000 ConstructionManageme 0 0 0 0 0 200,000 50,000 0 250,000 Total 0 0 0 0 14,000 221,000 50,000 0 285,000 Total Project Expense 0 0 0 0 265,000 2,421,000 50,000 0 2,736,000 Revenue Funding Source Water SIX 0 0 0 0 132,500 1,210,500 25,000 0 1,368,000 Water Pund 0 0 0 0 132,500 1,210,500 25,000 0 1,368,000 Total Project Revenues 0 0 0 0 265,000 2,421,000 50,000 0 2,736,000 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 96018 -Lake Oswego Partnership In 2008 Tigard entered into an agreement to develop a long -term water supply with the City of Take Oswego. The new Water. upply is expected to be online in 2016. Capital construction projects include: expansion ref the raw water intake structure on the Clackamas River, and increases in treatment plant capacity, transmission pipe sizing, storage capacity, and pumping capacity. 'ISgard's share of the total project cost is estimated at $1111 million. Revenue bonds will likely be used to finance Partnership projects. Actual necrsed Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Construction 2868,626 1200,000 3,260,000 4,800,000 5,000,000 8000,000 _ 25,000,000 25,000,000 71,060,000 Total 2,868,626 1,200,000 3,260.000 4,800,000 5,000,000 8,000,000 25,000,000 25.000,000 71,060,000 Internal Expenses Project Management 0 0 0 93,960 93,960 93,960 93,960 93,960 469,800 Tonal 0 0 0 93,960 93,960 93,960 93,960 93,960 469,800 Total Project Expense 2,868,626 1,200,000 3,260,000 4,893,960 5,093,960 8,093,960 25,093,960 25,093,960 71,529,800 Revenue Funding Source Water CIP 2,868,626 0 3,260,000 2600,000 5,093,960 8,093,960 25,093,960 25,093,960 69,235,840 Water Pund 0 1,200,000 0 2,293,960 0 0 0 0 2293,960 Total Project Revenues 2,868,626 1200,000 3,260000 4.893,960 5,093,960 8,093,960 25,093,960 25,093,960 71,529,800 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 96023- Shernmod Pannership The City has agreed to invest in upsizing a water pipleline through Tualatin into Sherwood for future water needs. Actual Bensca Through Budget Projected 2008 -09 200940 2009 -10 2010-11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Constmcuon 0 0 0 1,000,000 0 0 0 0 1,000000 Total 0 0 0 1,000,000 0 0 0 0 1,000000 Internal Expenses Project Management 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 Total Project Expense 0 0 0 1000,000 0 0 0 0 1000,000 Revenue Funding Source Water CIP 0 0 0 1,000,000 0 0 0 0 1,000.000 Total Projeci Revenues 0 0 0 1,000,000 0 0 0 0 1,000000 Other Revenue Source 0 0 0 _ 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 City of Tigard Fiscal Years 2010 -2015 Capital Improvement Program Sanitary Sewer System F leisnded( t r r"• G i'i! aelniiii iffiti r C' :'- ral t.9u'>?'< rriC31l.JH2MY4 _ .' s ' i am. ` '1v'a !Iva , ' 7e ' 8 <? rs on, 51 ' I g?1,M 3011.4111' 1 I lk, a �h� "fj I 3.! rc ( ; .Pfd' pro , ProlecPNtim _ ; ; -: :. ,.ma y „ c (I -t u 2010 -11 /20 1 12 201a 13_.2073 ,14;2014Q5 lotalu "s` 93002 Citywide Sanitary Sewer Extension Program 822,774 668,167 150,833 - - - 1,641,774 93003 Sanitary Sewer Major Maintenance Program 50,000 50,000 50,000 50,000 50,000 50,000 300,000 93007 I lunziker St. Sanitary Sewer Replacement 10,500 50,000 - - - - 60,500 93009 Fanno Creek Slope Stabilization (Arthur Court - 61,500 207,000 - - - 268,500 Total Funded 883,274 829,667 407,833 50,000 50,000 50,000 2,270,774 City of Tigard Fiscal Years 2010- 2015'Capitallmprovement Program Sanitary 'Sewer System 'Fully Funded. 93002 - Citywide Sanitary Sewer Extension'Program The Sanitary Sewer Extension Program began in EY 2001 -02 in order to extend sewers to all devebped but un- ,served residential areas eh rywide. The city utilizes the formation of reimbursement districts to construct the sewers. The Commercial Area Sewer Extension Program is also funded from the Sanitary Sewer Fund and offers commercial entities the opportunity to participate in reimbursement districts for extension of sewer service to commercial areas. Sewer extensions are expected to be conducted at Walnut Street and 112th Avenue, Floodview, and Baylor and 72nd Avenue. This program is expected to be completed by 1.1' 2012- 13. Actual Revised Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014-15 Total External Expenses Design and Engineerin 0 0 61,484 20,000 0 0 0 0 81,484 Construction 235,118 1,300,000 761,290 632,000 150,000 0 0 0 1,543,290 Total 235,118 1,300,000 822774 652,000 150.000 0 0 0 1,624,774 Internal Expenses Project Management 0 0 0 16,167 833 0 0 0 17,000 Total 0 0 0 16,167 833 0 0 0 17,000 Total Project Expense 235,118 1,300,000 .822774 668,167 150,833 0 0 0 1,641,774 - Revenue Funding Source Sanitary,Sewer 235,118 1,300,000 822,774 668,167 150,833 0 0 0 1,641,774 Total Project Revenues 235,118 1,300,000 822,774 668,167 150,833 0 0 0 1,641 774 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 93003 - Sanitary Sewer Major Maintenance Program This program was estabh,shed to construct sanitary sewer projects that am beyond the scope of the City's Public Works Department. It is intended to provide preventive maintenance of the City's sewer system. Project sites are located throughout the City. Actual Revised Through Budget 'Projected 2008 -09 2009 -10 '2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Construction 66,990 50,000 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Total 66,990 50,000 _ 50,000 50,000 50,000 '50,000 50,000 50,000 300,000 Internal Expenses Project Management 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 Total Project Expense 66,990 50,000 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Revenue Funding Source Sanitary Se 66,990 50,000 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Total Project Revenues 66,990 '50,000 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 93007- Hunziker Street Sanitary Sewer Replacement A section of the sanitary sewer pipe on I_lunzikei Street immediately cast of Hall Boulevard was broken by the escavadon for a duct bank. A temporary repair was made by Public Works in the summer of 2008. The repair material has deteriorated which causes blockage to the sewer flow. This project will replace 320 fret of the pipe; install one new manhole at the intersection with Ball Boulevard; and reconnect three service laterals. The existing pipe will be abandoned in place An Oregon Department of Transportation (ODO1) permit will be required as the construction will also take place on Hall Boulevard which is under state jurisdiction, Actual Hcvrscn Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011:12 2012 -13 2013 -14 2014 -15 Total External Expenses Design and Enginecrin 0 10,000 10,500 0 0 0 0 0 10,500 Construction 0 50,000 0 50,000 0 0 0 0 50,000 Total 0 60,000 10,500 50,000 0 0 0 0 60,500 Internal Expenses Project Management 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 Total Project Expense 0 60,000 10,500 50,000 0 0 0 0 60,500 Revenue Funding Source Sanitary Sewer 0 60,000 10,500 50,000 0 0 0 0 60,500 Total Project Revenues 0 60,000 10,500 50,000 0 0 0 0 60,500 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 93009- Farino Creek Slope Stabilization The Fanno Creek bank near Arthur Court has been eroded since the winter of 2009 due re high water levels of the creek. The erosion has damaged the outfall of a storm line and ixthreatening a sever main near the creek bank. A portion of the Fanno Creek trail that runs along the top of the bank may also be undermined if the erosion is not addressed properly. This project provides funding to perform emergency repair work including design and stabilization of approximately 250 feet of bank to protect the existing sanitary sewer Main. Actual IteVtsen Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Design and Engineenn 0 50,000 0 51,000 0 0 0 0 51,000 Construction 0 0 0 0 200,000 • 0 0 0 200,000 Total 0 50,000 0 51,000 200,000 0 0 0 251,000 Internal Expenses • Project Management 0 0 0 10,500 7,000 0 0 0 17,500 Total. 0 0 0 10,500 7,000 0 0 0 17,500 Total Project Expense 0 50,000 0 61,500 207,000 '0 0 0 268,500 Revenue Funding Source . Sanitary Sewer 0 50,000. 0 61,500 207,000 0 0 0 268.500 Total Project Revenues 0 50,000 0 61,500 207,000 0 0 0 268,500 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 • • • • • City of Tigard Fiscal Years 2010-2015 Capital Improvement. Program Storm System r ll FuJAfnd "e3 .. _ frac .t Yaf,,S , ,±. r Ti 'i'-eki . u . t€s;:ta u {, t 4 :Aa r> a" . ' Pattrati N. ',�'r . 'AMY' , . - ;! FxolecaNn P Noma,;.„ a :, , ,,,a Y $;..- ., , . ) , e _ { .. "; . X8111 201D 1:121, 2011 12 2012,13 t 2073x74' 2 15 g T ell 94001 Storm Drainage Major Maintenance 119,368 50,000 , 50,000 50,000 50,000 50,000 369,368 94011 Culvert Improvements - Walnut St (Derry Dell /Fanno Greek - 89,444 203,556 - - - 293,000 94012 Culvert Replacement -72nd Ave & Dartmouth - - 91,000 272,000 - - 363,000 94013 Community 'Free Planting - - - - 35,000 35,000 70,000 94019 'free Planting Summer Creek -116th Ave to 113th Ave - - 44,000 - - - 44,000 94021 Tree Planting Summer Creek -Mary Woodward to Summerla - 55,000 - - - - 55,000 94022 Copper Creek I3ank Stabilization - 35,556 124;444 - - - 160,000 94023 Greenfield Storm Drain Replacement 100,000 74,000 - - - - 174,000 Total Funded 219,368 304,000 513,000 322,000 85,000 85,000 1,528,368 City of Tigard Fiscal Years 2010 -2015 Capital Improvement Program Storm System Fully. Funded 94001 -Storm Diainage.Major Maintenance This:yearly program addresses minor storm drainage problems requiring more than the normal maintenance ,efforts provided by the city's Public Works Department. The program includes projects located at various locations throughout the city. Actual Revised Through Budget Projected 2008 -09 .2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Construction 0 25,000 119,368 50,000 50,000 _ 50,000 50,000 50,000 369,368 Total 0 _ 25,000 119,368 50,000 50,000 50,000 50,000 50,000 369,368 Internal Expenses Project Management 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 Total Project Expense 0 25,000 119,368 50000 50,000 50,000 50,000 50,000 369,368 Revenue Funding Source Storm Water 0 25,000 0 50,000 50,000 50,000 50,000 50,000 250,000 Water Quahry /Quantity 0 0 119,368 0 0 0 0 0 119,368 Total Project Revenues 0 25,000 119,368 50,000 50,000 50,000 50,000 50,000 369,368 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 94012 - Culvert Replacement -72nd Avenue & Dartmouth Street The project upgrades an existing culvert located at the 72nd Avenue and Dartmouth Street intersection to provide additional culvert capacity to relieve flooding and•stop creek incision. Implementation of the project addresses culvert replacement goals identified in the Healthy Streams flan. The design of the upgrade will be combined with the 72nd Avenue /Dartmouth Street intersection design. The city intends to 'work with private developers to complete improvements to the intersection and uperadc the culvert. Actual Revised Through Budget Projected 2008 =09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Design and Engineering 0 0 0 0 75,000 0 0 0 75,000 Construction 0 0 0 0 0 200,000 _ 0 0 200,000 Total 0 _ 0 0 0 75,000 200,000 0 0 275,000 Internal Expenses Project Management 0 0 0 0 16,000 32,000 0 0 48.000 Constmetion Nlanagemen 0 0 0 0 0 40,000 0 0 40,000 Total 0 0 0 0 16,000 72,000 0 0 88,000 Total Project Expense 0 0 0 0 91,000 272,000 0 0 363,000 Revenue Funding Source . Storm Water 0 0 0 0 91,000 272,000 0 0 363,000 Total Project Revenues 0 0 0 0 91,000 272,000 0 0 363,000 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 94013 - Community Tree Planting The city will plant native trees and shrubs along creeks and streams in order to meet the Community Tree Planting goals indendfied in the Healthy Streams Plan. Actual Revised Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 :12 2012 -13 2013 -14 2014 -15 Total External Expenses Construction 0 0 0 0 • 0 0 35,000 35,000 70000 Total 0 0 0 0 0 0. 35000 35000 70,000 Internal Expenses Project Management 0 0 0 0 0 0 0 0 0 Total '0 0 0 0 0 - 0 0 0 0 Total Project Expense 0 0 0 0 0 0 35,000 35,000 70,000 Revenue Funding Source Tree Replacement Fund 0 0. ' 0 0 0 0 35,000 35,000 70,000 Total•Project Revenues 0 0 0 0 0 0 35,000 35,000 70,000 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 94011 - Culvert Improvements - Walnut Street (Deny Dell/Fanno Creek) This project replaces the existing culvert on Walnut' Streei at Derry Dell Creek.. The new, larger culvert Will increase capacity, provide fish passage, and enhance water quality. Funding will be used for hydraulic analysis, hydraulic study and preliminary design. Actual keinSed Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Design and Engineering 0 75,000 ' 0 85,000 0 • 0 0 0 85,000 Construction 0 0 0 0 200,000 0 0 0 200,000 Total 0 75,000 0 85,000 200,000 0 0 0 285,000 Internal Expenses Project Management 0 0 0 4444 3,556 0 0 0 8,000 Total 0 0 0 4,444 3,556 0 0 0 8,000 Total Project Expense 0 75,000 0 89,444 203,556 0 0 0 293,000 Revenue Funding Source Storm Water 0 0 0 89,444 203,556 0 0 0 293000 Water Quality/Quantity 0 75,000 0 0 0 0 0 0 0 Total Project Revenues 0 75,000 0 89,444 203,556 0 0 0 293,000 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 • 94019 -Tree Planting Summer Creek -116th Avenue to 113th Place This project will restore 5.34 acres of riparian corridors through the removal of bon- native vegetation and the insallation of 8,000 native trees and shrubs. The project meets a Community Tree Planting goal indentificd in the Healthy Streams Plan and provides stream buffennutigation on the parcel near Ttppitt Drive. Planting sites aee subject to change pending new restoration opportunities. Actual Revised Through 'Budget Projected 2008 -09 .2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Construction 0 40,000 0 0 40,000 0 0 0 _ 40,000 Total 0 40,000 0 0 _ 40,000 0 0 0 40,000 Internal Expenses Project Management 0 0 0 0 4,000 0 _ 0 0 4,000 Total 0 0 0 0 4,000 0 0 0 4,000 Total Project Expense 0 40,000' 0 0 44000 0 0 0 44,000 Revenue Funding Source Storm Water 0 0 0 0 44,000 0 0 0 44,000 Water Quality/Quantity 0 40,000 0 0 0 0 0 0 0 Total Project Revenues 0 40,000' 0 0 44,000 0 0 0 44,000 Other Revenue Source 0 0 0 0 0 0 0 0 _ 0 Total 0 0 0 0 0 0 0 0 0 94021 -Tree Planting Summer Creek -Mary Woodward Elementary to Summerlake Park This project will restore 7.29 acres of riparian corridors through the removal of non -native vegetation and the insallation of 10,000 native trees and shrubs. The project meets a Community Tree Planting goal indentificd'in the hlealthy Streams Plan and provides stream buffer mitigation along Summer Creek between Mary Woodward Elementary and Summerlake Park. Planting sites are subject to change pending new restoration opportunities. Actual Kevtaed Through Budget Projected 2008 -09 2009 -10. 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Consnnctinn 0 0 0 50,000 0 0 0 0 _ 50,000 Total 0 0 0 50,000 0 0 0 0 50,000 Internal Expenses Project Management 0 0 0 5,000 0 0 0 0 5,000 Total 0 0 0 5,000 0 0 0 0 5,000 Total Project Expense 0 0 0 55,000 0 0 0 0 55,000 Revenue Funding Source Storm Water 0 0 0 55,000 0 0 0 0 55,000 Total Project Revenues 0 0 0 55,000 0 0 0 0 55,000 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 94022- Copper Creek Bank Stabilization The banks of Copper Creek at the southwest corner of Durham Road and Copper Creek Drive are eroded, The erosion resulted from heavy rain and high stream flow from a 36 -inch culvert under the streets. This project funds preliminary design and Wetland permitting in fiscal year 2010 -2011 and final design and construction in fiscal year 2011 -2012. The work will include bank stabilization, culvert repair, energy dissipation, and planting required by wetland permits. Actual Kevise0 Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Design and Engineering 0 30,000 0 30,000 0 0 0 0 30000 Construction 0 0 0 0 120,000 0 0 0 120,000 Total' 0 30,000 0 30,000 120,000 0 0 0 150,000 Internal Expenses Project Management 0 0 0 5.556 4,444 0 0 0 10,000 Total 0 0 0 5,556 4,444 0 0 0 10,000 Total Project Expense 0 30,000 0 35,556 124,444 0 0 0 160,000 Revenue Funding Source Storm Water 0 30,000 0 35,556 124,444 0 0 0 160,000 Total Project Revenues 0 30.000 0 35,556 124,444 0 0 0 160,000 Other Revenue Source 0 0 0 0 0 0 0 0 0 _ Total 0 0 0 0 0 0 0 0 0 94023 - Greenfield Storm Drain Replacement A storm drainage pipe crossing Greenfield Drive, 600 feet south of Morningstar Drive, is cracked. The existing pipe will be abandoned and an new pipe will be installed using the directional boring method. This method it recommended by permitting agencies to minimize environmental impacts to the area during construction. Actual Revised Through Budget' Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Design andEngineering 0 0 0 0 0 0 0 0 0 Construction 0 150,000 100,000 50.000 0 0 0 _ 0 150,000 Total 0 150,000 100,000 50,000 0 0 0 0 150,000 Internal Expenses Project Management 0 0 0 10,667 0 0 0 0 10,667 Construction Managcmen 0 0 0 13,333 0 0 0 0 13,333 Total 0 0 0 24,000 0 0 0 0 24,000 Total Project Expense 0 150,000 100,000 74,000 0 0 0 0 174,000 Revenue Funding Source Storm Water 0 150,000 100.000 74,000 0 0 0 0 174,000 Total Project Revenues 0 150,000 100,000 74,000 0 0 0 0 174,000 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 City of Tigard Fiscal Years 2010 -2015; Capital Improvement Program Facilities System :aa§Ir. i��t�v�naasr .- SMskaAa4.�k'�'y�+,� _'1.;. L. aMeern _r ? E �' r PtA y 1V" �at x a �7° to I iy s2 e atmtt 1"' ill fEProlec0 PcoOect Naive sE e 2 L t , 10, 2Q1Qt1y1 m ,gl-g2Q11 x 12 2012 t3 ` 44, i `� 20 , c ; ;total 91002 Library Grounds Monitoring 20,018 13,320 13,320 - - - 46,658 91013 PC /Chi /Police Exterior _ - - 700,000 256,027 - 956,027 "Dotal Funded 20,018 13,320 13,320 7(10,000 256,027 - 1,002,685 • City of Tigard Fiscal Years 2010 -2015 Capital Improvement Program Facilities.System Fully Funded 91002- Library Grounds Monitoring The City will continue to resolve the issue of arsenic contamination on the library grounds. Work includes completing the remediation process and obtaining final approval from DEQ. Actual KeVISCU Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014-15 Total External Expenses Environmental 0 20,000 20,018 5,000 5,000 0 0 0 30,018 Total 0 20,000 20,018 5,000 5,000 0 0 0 30,018 Internal Expenses Project Management 0 0 0 8,320 8,320 0 0 0 16,640 Total 0 0 0 8,320 8,320 0 0 0 16,640 Total Project Expense 0 20,000 20,018 13,320 13,320 0 0 0 46,658 Revenue Funding Source General Fund 0 20,000 20,018 13,320 13,320 0 0 0 46,658 Total Project Revenues 0 20,000 20,018 13,320 13,320 0 0 0 46,658 - Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 - 0 0 0 0 0 0 0 0 91013 - Permit Center, Police Department and City Hall Exterior Wails This project requires the removal, repair and repaint of the Exterior Insulation Finishing System (EIFS) stucco at City Hall, the Police Department, and the Permit Center. After reviewing all data from testing, it is apparent that these buildings have numerous water infiltration points resulting in framing and drywall damage. Actual Revised Through Budget Projected 2008 -09 2009 -10 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Total External Expenses Design and Engineering 0 0 0 0 0 291,180 0 0 291.180 Construction 0 0 0 0 0 376,922 250,456 0 627,378 Total 0 0 0 0 0 668,102 250,456 0 918,558 Internal Expenses Project Management 0 0 0 0 0 27,341 3,039 0 30,380 Construction Management 0 0 0 0 0 4,557 2,532 0 7,089 Total 0 0 0 0 0 31,898 5,571 0 37,469 Total Project Expense 0 0 0 0 0 700,000 256,027 0 956,027 Revenue Funding Source General Fund 0 0 0 0 0 700,000 256,027 0 956,027 Total Project Revenues 0 0 0 0 0 700,000 256,027 0 956,027 Other Revenue Source 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 /0 )0 MEMORANDUM TIGARD TO: Toby LaFrance, Finance Director SUPPLEMENTAL PACK cc: Dennis Koellermeier, Public Works Director FOR b.r , f (DATE OF MEETING) FROM: Mike McCarthy P.E., Senior Project Enginee At" G RE: Street Maintenance Projects DATE: June 8, 2010 The maps to follow outline our planned Street Maintenance projects for fiscal years 2010 -11 through 2014 -15. These projects are funded by the Street Maintenance Fee. The first map shows slurry seal projects, which involve a thin layer of asphalt binder on top of the existing street to restore the pavement surface. This is used to keep good residential streets in good condition. As the map shows, the plan is to work around the city on an 8- year cycle, sealing all of the residential streets in good condition in one or two neighborhoods per year. This allows for efficient construction and reduced mobilization and notification costs. Slurry seal areas typically correspond with Neighborhood Networks boundaries. The second map shows the tentative plan for pavement overlays for the next five years. Overlays typically consist of a couple of inches of pavement on top of the existing pavement. Overlays are used a) on streets with high volumes of traffic or many heavy vehicles, and b) on streets in poor condition. Pavement overlays and slurry seals are typically done in the summer, at the beginning of the fiscal year, with the funds collected the previous fiscal year. These are tentative plans, subject to change based on factors such as weather, traffic flows, heavy vehicle volumes, pavement deterioration rates, opportunities to leverage other funds, unexpected road - damage, etc. Paving projects may be added or deleted, and project priorities and timeframes may change based on current conditions and opportunities to best use public dollars. If you have comments, questions, or suggestions, please feel free to contact me at 503 -718- 2462 or by e -mail at mikem @fgard - or.gov. , . .. .2 , . ,. , , . ,.. „ - ; -2. r ot 21; p • . .; '.i ..)..;," ''ST.; 4 .1:......1-4, ..,:: k 1 7, 4-114 - 1- '" • 4 l'1,, i' jfi!' 1 c „ - ,0' . .i.e .., „( 1: ,- 1-' •1 ,- ,,,,, , ' -1, -;,.. ; - +" • . Stet • : 741 1 7 — .- - ' A , .. 7 .or,o, ...7.1.-77L ,!!-.41.4.1*- ' 1 1;- • 41 )- - i- ,-,/` f. 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I ---7 Noim j HAV NLILI - r t 0 1 +. w \ ',... 0 l i i � I 1 OAlr Arrr/1N 1 Ns 1 I I r \ --7 1 L \ Li cks, i _ AGENDA ITEM No. 6 Date: June 8, 2010 SUPPLEMENTAL PACKET FOR G/ iDego (DATE OF MEETING) PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: ADOPT CAPITAL IMPROVEMENT PROGRAM FOR 2010 -2015 Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 6 Date: June 8, 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. A Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # Meeting Date Tune 7010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda.Tide Consider a Resolution Adopting the Citywide Master Fees and Charges Schedule, Which Replaces Resolution No. 09 -44 -and All Subsequent Amendments to Date. Date. Prepared Ay: TT? Lutz Dept Head Approval: 11./ City Mgr Approval: a ISSUE "BEFORE THE COUNCIL Should the City Council approve a resolution to adopt the Citywide Master Fees and Charges Schedule? STAFF RECOMMENDATION Staff, recommends that City Council adopt the resolution. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal code (TMC) 3.32.050 requires an annual review by City Council of the citywide fees and charges. The Master Fees and Charges Schedule contains all citywide fees and charges and is updated annually in June. The purpose of the Schedule is-to streamline the review process, have one document containing all fees and charges, and minimize the number oFfesolutions and ordinances relating to fees and charges. Staff has reviewed the Schedule and is proposing a few new fees and changes to specific, existing fees. There are various reasons for the proposed changes. Several of the fees are either adjusted annually by previously approved formulas dr are set by' other agencies. Other fees are no longer adequately recovering the City's cost of providing the service. Finally, some fees are related to services that the City is providing or plans to provide because of new technology,, but fee has not been set to recover the costs related to these services. Below is a summary of the proposed fee changes, additions, or deletions. City Administration • Meeting Room Reservations Fees: As part of the budget reductions, the City will no longer provide room reservations for outside users after October 2010. The costs to provide this service far exceeded the revenue generated from it. Community Development • Majority of Planning Fees adjusted according to the Construction Cost Index (CCI) as required by the Tigard Municipal Code. • Information Processing.& Archiving (IPA) Fee: Fee that will recapture the costs for implementation of the citywide document management system including scanning and archiving. • Retrieval of Materials Confiscated in ROW: New charge for signs and other materials confiscated within the right -of -way per the T igard Municipal Code. Public Works • Park Reservations: Fees assessed in order to recoup costs associated with maintenance of city parks. Residents will be charged:half'of the rate charged to non - residents for shelter rentals; a fee will' be charged for special events based on the number of people; and the'City will begin assessing a fee for an alcohol use permit. Police, • Second Haiid •Dealers. and Transient Merchant License: This fee was implemented in FY 2010 and was well below the'fees other cities charge. This fee was increased in FY -2011 in order to make the fee more comparable to other;junsdictions and recover the costs for providing the service. System Development`Charges • Park SDC —.updated charge per annual adjustment schedule. • The-Countywide Transportation Development Tax (1 DT) isa Washington County Tax approved by the voters in November, 2008, that is administered and collected by the City of Tigard. It went into effect on July 1, 2009, replacing the Traffic Impact Fee=(TIF) program. TDT's are assessed on new development on a per -unit basis. For- residential uses the units are dwelling units, bedrooms, etc. For commercial and industrial uses the units are the square footage of the use or units unique to the use such as lanes, fueling positions, etc. The illT rate for each land use category is adjusted each year, effective July lst and the rates for each year from July 1, 2009 through June 30, 2013 were established in Appendix B to Washington County Engrossed Ordinance 691, August 29, 2008. The TDT rates effective 7/1/2010 include a 10% Temporary Discount implemented October 2009 by Washington County. If the Temporary Discount program is terminated, the effective rates will.revert to the original calculated rates. The proposed new fees are bolded and the current fees are struck through in Exhibit A of the resolution. It should be noted „that there .are several fees within the Fees and Charges Schedule that are set by Clean Water Services (CWS). Although it is likely that CWS will, adjust its fees, its Board will not be approving those adjustments until later in the year. Therefore, CWS rate adjustments are not included in the Fees and Charges Schedule. However, when the new CWS rates are known, the Schedule will be updated to reflect those new rates. OTHER ALTERNATIVES CONSIDERED Alter only those fees that are set by other agencies or are adjusted annually using an already approved formula. CITY COUNCIL GOALS .Not Applicable. ATTACHMENT LIST 1. Resolution 2. Master F,ee and Charges Schedule with•proposed changes. FISCAL NOTES There are no additional costs attached to these changes. The annually adjusted fee increases,. such as Land Use fees, Traffic Impact, and Park'System Development Charges, haVe.largely been reflected in the FY 2010 -11 Approved Budget, all other increases and new fees are not reflected in the Budget. Agenda Item # Meeting Date June 8, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2010 -2011. Prepared By: Liz Lutz Dept Head Approval: 11—/ City Mgr Approval: ISSUE BEFORE THE COUNCIL Oregon local Budget Law requres that a budget for the following fiscal year (FY) be adopted by the City Council prior to July 1, after approval by the Budget Committee and after a public hearing has been held before the City Council. STAFF RECOMMENDATION Staff recommends adoption of the FY 2010 -2011 Budget. KEY FACTS AND INFORMATION SUMMARY The Tigard Budget Committee (comprised of the City Council and five citizens) held two meetings on the City Manager's Proposed FY 2010 -2011 Budget in May, 2010. On May 10, 2010, the Budget Committee approved the Proposed Budget, with amendments, and forwarded the Budget to the City Council for adoption. Oregon Budget Law gives the governing body of the jurisdiction authority to make certain changes in the Approved • Budget prior to adoption. The City Council may adjust resources or expenditures up or down as long as the increase in a fund does not exceed 10% of the total fund. The total FY 2010 -2011 City of Tigard Approved Budget is $109,159,053, including appropriations of $85,018,995. OTHER ALTERNATIVES CONSIDERED No other alternatives are being considered. By Oregon law, the FY 2010 -2011 Budget must be adopted by the City Council prior to July 1, 2010. CITY COUNCIL GOALS The overall Approved Budget includes funding where necessary for the 2010 Tigard City Council Goals, including funding for the Burnham Street Project, part of the Downtown Urban Renewal plan and implementation of Tigard's Comprehensive Plan. ATTACHMENT LIST 1. Resolution adopting the budget 2. Schedule of Appropriations FISCAL NOTES The total FY 2010 -2011 City of Tigard Approved Budget is $109,159,053, including appropriations of $85,018,995. AGENDA ITEM No. 8 Date: June 8, 2010 PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060 (2) FOR FISCAL YEAR 2010 -2011 Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 8 Date: June 8, 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. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. ?ouyxgrrt ylam !E 8 City of Tigard FY 2011 Approved Budget & Long Term Financial Forecast For Budget Hearing June 8, 2010 Process to Date • Jan & Feb — Department Budgeting • March — Finalize Forecast & Development of Proposed Budget • April — Finalize Proposed Budget & Implement Budget Cuts • May — Budget Committee Public Meetings • June — Budget Hearing 6/8/2010 2011 Approved Budget & Long Term 2 Forecast for Budget Hearing Budget Committee Public Meetings • Budget Committee required by state law. • Equal # of elected and citizen members. • Provided 10 days for independent study of the Proposed Budget. • Conducted two weekly advertized public meetings. • Resulted in the Approved FY 2011 Budget before Council today for Adoption. 6/8/2010 2011 Approved Budget & Long Term 3 Forecast for Budget Hearing Budgetary Setting • For FY 2010, recession had started, but was not expected to last past fall of 2010. Budget was adopted to bridge that period. • For FY 2011, — We now know that the recession is deep and recovery will be slow. — Revenues will have little to no growth — 2010 expenditure levels are not sustainable — Changes are necessary to be sustainable for at least 2 years. 6/8/2010 2011 Approved Budget & Long Term 4 Forecast for Budget Hearing Forecast Process • Tigard performs a 5 -year forecast for each of the City's 26 funds. • Forecast considers known expenses and revenue assumptions base on economic conditions. • Allows policy makers to determine if decisions are sustainable. • Look at General Fund as a key example. 6/8/2010 2011 Approved Budget & Long Tenn 5 Forecast for Budget Hearing GeneralFund 1 TRiARD This Year Forecast Prior to Cuts 'FY 2011 ending 2008 2009 2010 2011 2012 2013 2014 2015 Requirements 25,500,000 28,100,000 29,900,000 31,100,000 32,000,000 33,700,000 33,200,000 34,500,000 cash is still Resources trIg Fu nd Balance w/o BFB ding En Fu 26,300,000 25,100,000 28,800,000 28,500,000 29,000,000 29,900,000 30.900,000 31,900,000 10,800,000 7,800,000 6,700,000 4,100,000 1,100,000 (2,700,000) (5,000000) (7,600,000) insufficient to - bridge to General Fund Forecast - Based on Requested FY11 Budget 40,000,000 - - - Property Tax 35,000,000 collection in 30,00Q000 - 25,0°0,000 November of FY 20,000,000 2012. 15,000,000 10,000,°00 •Cuts are 5,00O3000 1 . _ 0 , needed to make (5,000,000► 2008 2009 2010 2011 2012 2013 1 next two years (10,000,000) =Ending Fund Balance —•— Requirements -f-Resources w/o BFB sustainable. 6/8/2010 2011 Approved Budget & Long Term 6 Forecast for Budget Hearing Summary of Budget Cuts - „�.Ak. Revised 2010 vs. Approved 2011 Reduction Personnel M& p Capit Department in FTE Savings Outlay Savings Total Savings LIBRARY (3.10) (102,929) (24,042) (126,971) F'I.BLICVIUtS (3.90) (227,223) 83,132 (144,091) PCUCE (4.00) (527,039) (13.9,153) (666,192) OCMVINTYDEVELCRVENf (3.00) (306,089) (27,614) (333,70(3) FINANCE & INFO SVCS. (1.20) (22,730) (185,917) (208,647) CIIYADNIVSTRATICN (2.00) (170,091) (431,850) (601,941) Totals (17.20) $ (1,356,101) $ (725,444) $ (2081,545) 6/8/2010 2011 Approved Budget & Long Term Forecast for Budget Hearing General Fund = T I t1 A RD ,___... !PI -i. Forecast on Approved B •FY 2012 ending 2008 2009 2010 2011 2012 2013 2014 2015 cash is now Requirements 25,500,000 28,100,000 29,700,000 28,600,000 29,500,000 31,500,000 31,500,000 32,500,000 Resources w/o Beg. Fund Balance 26,300,000 25,100,000 28,800,000 28,100,000 28,600,000 29,700,000 30,500,000 31,500,000 Ending Fund Balance 10,800,000 7,800,000 6,800,000 6,400,000 5,500,000 3,800,000 2,800,000 1,800,000 sufficient to bridge to General Fund Forecast Property Tax 35,000,000 collection i n 30,000,000 November of FY 25, 00000 20,000,000 2013. 15,000,000 •Economic i0,000,0o0 improvements 5,000,000 will help forecast 0 . 1 MI , 11.- p 2008 2009 2010 2011 2012 2013 2014 2015 in out years. MI Ending Fund Balance t Requirements Resources w/o Beg. Fund Balance 6/8/2010 201.1 Approved Budget & Long Term Forecast for Budget Hearing Forecast Results • Due to key actions, Tigard is in a better position now than we were at this time last year. • These actions include: — Service reductions implemented in April 2010 — State Transportation Package that increased transportation funding — Council action on Street Maintenance Fee and City Gas Tax solidified funding for street projects — Increase in Building fees enabled Build'ing Fund to stabilize and will not require General Fund subsidy. • Forecast of all funds presented to Budget Committee on May 3, 2010 and is available on City's website. 6/8/2010 2011 Approved Budget & Long Term 9 Forecast for Budget Hearing FY 2011 Approved Budget Summary • Approved in Budget Committee Meeting on May 10, 2010. • Budget based on revenues with little to no growth due to economic downturn. • Cuts made in April with goal of two -year sustainability to bridge to economic recovery. • Operating Budget reduced by 4.2 %, including: — 17.2 FTE reduction (6.0 %) — $1.3 million reduction in personnel — $0.7 million reduction in M &S • Borrowing required for key capital improvement projects. 6/8/2010 2011 Approved Budget & Long Term 10 Forecast for Budget Hearing Approved Budget Overview r 1 ARE) FY 2009 FY 2010 FY 2011 1 10 vs. `11 Operating 51,552,484 49,014,387 46,963,561 -4.2% CIP 28,980,093 20,025,657 21,570,945 7.7% Debt Service 1,168,291 1,600,225 2,605,609 62.8% Other 9,015,814 14,446,693 13,878,880 -3.9% Ending Fund Balance 31,385,938 21,872,499 24,140,058 10.4% Total 122,102,620 106,959,461 109,159,053 2.1% FTE 295.80 284.75 267.60 -6.0% • Third year of decline in operating budget and FTE. • Reduces services due to 17.2 FTE reduction implemented April 2010. • Includes new debt service payments on Water Line of Credit, ARRA loan for 10 mil pump station, and Transportation Bonds. 2011 Approved Budget & Long Term Forecast 6/8/2010 for Budget Hearing Technical Adjustments to Approved Budget • Technical Adjustments are caused by timing in the process. • We have 9 Technical Adjustments. • All adjustments come with funding with the exception of $3,900 in item #5. • Most are carryover projects from current FY 2010, but also include grant funding and borrowing. 2011 Approved Budget & Long Term 6/8/2010 12 Forecast for Budget Hearing Consideration and Adoption of Budget CIP • State required actions on: — State Shared Revenues (e.g. Gas Tax, Liquor Tax, etc) totaling over $3.3 mil. — Elect to receive revenue sharing from the state totaling $400,000. • 5 year CIP with Technical Adjustments. • Citywide fees and charges. • Budgets and tax levies for City of Tigard and City Center Development Agency with Technical Adjustments. 6/8/2010 2011 Approved Budget & Long Term 13 Forecast for Budget Hearing (4),eID Technical Adjustments to the 2010 -11 Approved Budget Summary Below arc a series of Technical Adjustments. The adjustments are caused by the tuning of the budget process. New information comes available.after passing the Approved Budget and creates the opportunity to adopt a more precise budget. Each item below has a brief description and then details the change to the Schedule of Appropriations. Please note that each adjustment is presented with its impact, they are not cumulative. #1: Public Works: Property Management This division requires a carry -over amount of $10,000 from FY 2010 to FY 2011 for work that will occur after julyl, 2010. The money will be utilized for the seal coat and restripe of the Tigard Christian Church parking lot per the shared parking agreement. The budgetary change will increase the General Fund.beginning fund balance by S10,000 with a corresponding increase in transfers out to the Fleet /Property Management Fund. This action will result in an increase in transfers in from the General Fund to the Fleet /Property Management Fund, funding the increased appropriations for Public Works by $10,000. General Fund Program Original Approved Recommended Change Revised Approved Policy & Admin. 808,510 0 808,510 Comm. Develop. 2,946,241 0 2,946,241 Comm. Services 19,304,054 0 19,304,054 Public Works 4,549,686 0 4,549,686 Debt Service 0 0 0 Loan to CCDA 249,000 0 249,000 Transfers 862,956 10,000 872,956 Capital Improvements 0 0 0 Contingency 918,466 0 918,466 jT 'tal.Fundi $29;Yi38 91G Y ` X10;000 ,t . S_2 ;648'916 Flee /Property Management Fund Program Original Approved Recommended Change Revised Approved Policy & Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 1,592,691 10,000 1,602,691 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 0 0 0 Capital Improvements 0 0 0 .Contingency 222,000 0 222,000 �To[t1 ° dE, ° ' ". ^; ,' t $48.14 " „ $1824;691, 1 pagc #2: Public Works: Engineering A change in the Public Works Department is the need to fund a temporary .50 FTE for street and transportation data collection, maintenance, and mapping in support of the City's Pavement Management Program. The additional dollars will be funded by an increase in revenues in the Street Maintenance Fund due to an increase in parking spaces as determined during the recently completed review of commercial accounts. The fee will yield an additional $67,046 in revenue in the Street Maintenance Fund. 'This revenue will fund an additional $20,000 in transfers from the Street Maintenance Fund to the General Fund. The remaining $47,046 will go to the ending fund balance of the Street Maintenance Fund. In addition, resources within the General Fund will increase by $20,000 supporting the increase in budget appropriations for Public Works to pay for the temporary position. General Fund Program Original Approved Recommended Change Revised Approved Policy & Admin. 808,510 0 808,510 Comm. Develop. 2,946,241 0 2,946,241 Comm. Services 19,304,054 0 19,304,054 Public Works 4,549,686 20,000 4,569,686 Debt Service 0 0 0 Loan to CCDA 249,000 0 249,000 Transfers 862,956 0 862,956 Capital Improvements 0 0 0 Contingency 918,466 0 918,466 jioeall -md'' $29,638;916' - "$20;006.1 :S29;658;916� Street Maintenance Fund Program Original Approved Recommended Change Revised Approved Policy & Admin. 0 0 0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 234,454 20,000 254,454 Capital Improvements 840,400 0 840,400 Contingency 0 0 0 I'1'otal`iurid $1;074;854 $2 0;000 "$1' 2 I P a g e #3: Streets CIP — Greenburg / Pacific Hwy / Main St Intersection Improvements The intersection on Greenburg Rd. / Pacific Hwy / Main Street is being improved. The project is being managed by .Washington County. Since passing the Approved Budget, updated information on the project has come available. The project is being accelerated to match the concurrent project at Pacific Hwy /Hall Blvd intersection improvement. The acceleration of the project means that additional funding is required in FY 2010 and FY 2011. To accommodate the additional funding, the planned bond financing for the project in FY 2010 will be increased by $250,000. $137,207 of the additional borrowing will be,needcd in FY 2010 to fund the project. This means that the remaining $112,793 from the borrowing will be available as additional beginning fund balance in the City Gas Tax fund at the beginning of FY 2011. This additional beginning fund balance in FY 2011 will fund an increase in Capital Improvements expenses by $4,900, increase Debt Service by $34,000, and increase Ending Fund Balance by the remaining $73,893. City Gas Tax Fund Program Original Proposed Recommended Change Revised Proposed Policy & Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 365,000 34,000 399,000 Loan to CCDA 0 0 0 Transfers 279,257 0 279,257 Capital' Improvements 2,249,000 4,900 2,253,900 Contingency 0 0 0 t1 o�al l uiid ,; • nr •. t'`; a ' c_a $2;8931257 ii' 3 900. _ 1 4 K rb s$2f932 #4: Parks CIP — Summer Creek Park Acquisition Since passing the Approved Budget, Tigard has been awarded the Oregon Watershed Enhancement Board (OWEB) Grant for $1,000,000 to help fund the $5,333,000 land acquisition for the Summer Creek Park. In the Approved Budget, the park acquisition is funded with $2,350,000 in grants, $2,100,000 in Parks SDC Fund transfer, and an $883,000 i nter firnd loan from the Sanitary Sewer Fund. With the new grant, the loan is no longer necessary and the transfer from Parks SDC can be reduced by $117,000, increasing the ending fund balance in that fund by the same amount. The funding for the $5,333,000 project will now come from $3,350,000 in grants and a $1,983,000 transfer from Parks SDC Fund. Parks SDC Fund Program Original Approved Recommended Change Revised Approved Policy & Admin. 0 0 0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 281,848 0 281,848 Loan to CCDA 0 0 0 Transfers 2,409,263 (117,000) 2,292,263 Capital Improvements 0 0 0 Contingency 0 0 0 Total rand! .;,> ;Wart r 111400 ' .: 1( t 2 5741;11 • — - -- — 31 Pagc. #5: Community Development -Long Range Planning Since pulling together information for the Approved Budget, we have been able to update some of the budgetdetails`for this department. The £ollowinginfofmauonwas not available at the time of collecting data 'for the Approved.. This division requites an increase in appropriations in the amount of:$103,900 for the following projects for which the Cityis contractually obligated: • Hiring a consultant to update the City's tree code ($35,000 - Beginning Fund Balance). • Providing consultant services to facilitate the revision of the urban forestry code process ($30,000 — Beginning Fund Balance). • Providing consultant services through grant reimbursement to assist the City with the update of the Comprehensive Plan ($35,000 - Grant). • Hiring a consultant to facilitate neighborhood meetings for the Oxford House ($2,500 — No Funding Source; results in decreased ending fund balance in FY 2011). • Hiring a consultant to facilitate dispute resolution meetings for the Oxford House ($1,400 - No Funding Source; results in decreased ending fund balance in FY 2011). Total funding from increased General Fund beginning fund balance from carryover projects equals $65,000; grant funding is $35,000; and the remaining $3,900 in contracts does not have a funding souree and will lead to a decrease in the FY 2011 General Fund ending fund balance. General Fund Pro•ram Ori•inalA• roved RecommendedChan_e Revised A roved Policy & Adman. 808,510 0 808,510 Comm.. Develop. 2,946,241 103,900 3,050,141 Comm. Services 19,304,054 0 19,304,054 Public Works 4,549,686 0 4,549,686 Debt Service 0 0 0 Loan to CCDA 249,000 0 249,000 Transfers 862,956 0 862,956 Capital Improvements 0 0 0 Contingency 918,466 0 914,566 Moral =Fund ;„ $29+ "6389,16 4 ° a _ $103 1 .120 ; 7,42;81'64, - - - -- -- 4 Page #6: Parks CIP: Park SDC — Fanno Creek Park Additional information for this project has been obtained since development of the Approved Budget. A carry -over of $116,000 is required for the completion of the land -use stage of this project with Walker.Nlacy. When the Fanno Creek Park projectis fully complete, the park will provide a new trail system, habitat restoration boardwalks, new bridges, and viewing areas for the public. By not completing the land -use work in FY 2010, the FY 2011 Parks SDC beginning fund balance is increased by $116,000. This will fund an increase in transfers from the Parks SDC Fund to the Parks Capital Fund in FY 2011. The Parks Capital Fund will have an $116,000 increase in transfer in revenue which will fund increased capital improvement expenditures within the Parks Capital Fund by the same amount. Because this project was scheduled for completion in FY 2010, it was not included in the Approved Capital Improvement Program (CIP). This action will add the project to the 2010 -15 CIP. Parks Capital Fund Program Original Approved Recommended Change Revised Approved Policy & Admin. 0 0 0 Cornm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 71,898 0 71,898 Capital Improvements 5,903,600 116,000 6,019,600 Contingency 0 0 0 r"1'ota1 Fund . • ,` • , $5,97.5 ;498 ° , _ a$1`16000 • ' • • - - $,6,091,498 Parks SDC Fund Program Original Approved Recommended Change Revised Approved Policy & Admin. 0 0 0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 281,848 0 281,848 Loan to CCDA 0 0 0 Transfers 2,409,263 116,000 2,525,263 Capital Improvements 0 0 0 Contingency 0 0 0 Total Fund ' i$2;691 1i7, .$116;000._: ' •:52;807 ",1111 5 I Page #7: Parks CIP: Tree Replacement Fund — Tree Canopy Replacement Program The Tree Canopy Replacement Program uses funds from developers who remove trees and uses those funds to plant replacement trees, thereby replacinglost tree canopy. A carry -over in the amount of $54,500 is required for this program in order to complete the final plantings for the project on Pacific Highway. This action will increase Tree Replacement Fund's beginning fund balance by S54,500 in FY 2011 with an equal increase in transfers t� the Parks Capital Fund for this project. As a result, the Parks Capital Fund will see an increase in transfers in from the Tree Replacement amain the :amount of $54,500 which will fund increased capital improvements in the same amount. Tree Replacement Fund Program Original Approved Recommended Change Revised Approved Policy & Admin. 0 0 0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 150,000 54,500 204,500 Capital Improvements 0 0 0 Contingency 0 0 0 jTotal Euridt • $1'50;OO Y t "t$5 1500'; " 204 500; Parks Capital Fund Program Original Approved Recommended Change Revised Approved Policy & Admin. 0 0 0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 71,898 0 71,898 Capital Improvements 5,903,600 54,500 5,958,100 Contingency 0 0 0 jTotall,und'' - $51975;'498 :54,00 X6,029;998; -- — -- 6 1 Page #8: Facilities CIP: Facilities Capital Projects Fund — Permit Center Roof This project requires a carry -over the $55,000 from FY 2010 to FY 2011. The result will be an increase in the beginning fund balance for FY 2011 in the Facilities Fund with an increase in capital improvement expenditures in the same amount. This is an ARRA funded project. Facilities Capital Projects Fund Pro! ram On• nal A _ roved Recommended Chan_c Revised A .roved Policy & Admin. 0 0 0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 4,450 0 4,450 Capital Improvements 113,320 • 55,000 168,320 Contingency 0 0 0 `Total Fund' _ $1:17`770 ,$55 0,00., ' • • '0 172;970 7 Page �y_PiT ]Cm 8 - (a-s -. iO Technical Adjustments to the 2010 -11 Adopted Budget Summary The technical adjustment listed below is caused by the timing of the budget process. New information comes available after passing the Approved Budget and creates the opportunity to adopt a more precise budget. The item below has a brief description and then details the change to the Schedule of Appropriations. #9: Bancroft Debt Service Fund transfer to General Fund The revenue in this fund is derived from assessments on properties that participate in local improvement districts. Over the years, the fund has accumulated $800,000 in administrative fees. The collected administrative fees can be used for general purposes. During the development of the FY 2011 budget and the budget reductions in April of 2010, one of the ways that Tigard identified additional resources for the .General Fund was to transfer the $800,000 in collected fees to the General Fund during FY 2010. The result of the transfer would be a higher beginning fund balance for the General Fund in FY 2011. However, in the current FY 2010 budget, the $800,000 in administrative fees was appropriated to undesignated ending fund balance. Oregon Budget Law does not permit the use of undesignated ending fund balance, meaning that we cannot transfer the funds in FY 2010. Hence, the transfer needs to be part of the FY 2011 budget appropriations. Approval of this Technical Adjustment will increase the FY 2011 beginning fund balance in the Bancroft Debt Service Fund by $800,000. The additional resource will be used to support a transfer of $800,000 to the General Fund. Since the transfer did not occur in FY 2010, the FY 2011 General Fund beginning fund balance will be $800,000 less, but the General Fund will have an additional $800,000 in revenue in the form of a transfer in from the Bancroft Debt Service Fund. Bancroft Debt Service Fund Promo >ram Original Approved Recommended Change Revised Approved Policy & Admin. 0 0 0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 193,378 0 193,378 Loan to CCDA 0 0 0 Transfers 0 800,000 800,000 Capital Improvements 0 0 0 Contingency 0 0 0 Total H „und � ;i f , a � 1 �. 1Y93,3785 4 xE � �a4 �i � f41$800 000' '( i � 1 s 9931378, ..i .: k41Ytl 3� _ < _� .. >_f .,..N'.!'ll��.a.1Y 1 1 Page Agenda Item # Meeting Date June 8, 2010 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title A Resolution ado .tin_ the Fiscal Year 2010 -11 Bud :et makin: a..ro.nations and im.osin: and categorizing taxes. Prepared By: Ti? . Lutz Dept Head Approval: Z City Mgr Approval: ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY BOARD Oregon Local Budget Law requires that a budget for the following fiscal year be adopted by the City Center Development Agency Board of Directors prior to July 1" after approval by the Budget Committee and after a public hearing has been held before the City Center Development Agency Board of Directors. STAFF RECOMMENDATION Staff recommends adoption of the FY 2010 -11 Budget. KEY FACTS AND INFORMATION SUMMARY The City Center Development Agency Budget Committee (comprised of the City Center Development Agency Board of Directors and five citizens) reviewed the Executive Director's Proposed 2010 -11 Budget on May 10, 2010. The Budget Committee subsequently approved the Proposed Budget and forwarded the Budget to the City Center Development Agency Board of Directors for adoption. Oregon Local Budget Law gives the governing body of the jurisdiction authority to make certain 'changes in the Approved Budget prior to adoption. The City Center Development Agency Board of Directors may adjust resources or expenditures up or down as long as the increase in a fund does not exceed 10% of the fund total. No adjustments to the Approved Budget have been proposed. The total FY 2010 -11 City Center Development Agency Approved Budget is $1,082,818, including appropriations of $698,000. OTHER ALTERNATIVES CONSIDERED Due to no amendments being proposed, no other alternatives are being considered. By Oregon law, the FY 11 Budget must be adopted by the City Center Development Agency Board of Directors prior to July 1, 2010. ATTACHMENT LIST 1. Resolution. 2. Exhibit A — Schedule - of Appropriations. FISCAL NOTES The Approved Budget of $1,082,818 includes total appropriations of $698,000. 9 Technical Adjustments to the 2010 -11 Approved Budget City Center Development Agency #1: Urban Renewal The City Center Development Agency requites a carry -over of funds in the amount of $42,500 for professional consulting services that the Agency is contractually obligated to complete. These consulting services include development of studies to determine opportunities for redevelopment in the downtown area. The funds were loaned to the CCDA from the City of Tigard in FY 2010, but the projects were not completed. The result will be an increase in the beginning fund balance in the Urban Renewal Capital Improvements Fund by $42,500 for FY 2011 which will fund the contracts for capital improvements. Urban Renewal Capital Improvements Fund Program Original Approved Recommended Change Revised Approved Policy & Admin. 0 0 0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 0 0 0 Capital Improvements 449,000 42,500 491,500 Contingency 0 0 0 Dotal Kind` $4491000 ri "w I :., ;-$42;500`< °' =t,t ::.7,1r472.00 • AGENDA ITEM No. 9 Date: June 8, 2010 PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before the City Center Development Agency on: CONSIDER A RESOLUTION ADOPTING THE FISCAL YEAR 2010 -2011 BUDGET, MAKING APPROPRIATIONS, AND IMPOSING AND CATEGORIZING TAXES Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 9 Date: June 8, 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. Name, Address & Phone No. Name, Address & Phone No. Name, .Address & Phone No. Agenda # / 6 Meeting Date June 8, 2010 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide CCDA Review and Approve the FY10- 11 1D� D jj o '' wntown Redevelopment Work Plan Prepared By: Scan Farrelly Dept I-Iead Approval: --- !' Ciry Mgr Approval: lJ`� ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY Shall the CCDA approve the FY 2010 -11 Downtown Redevelopment Work Plan? STAFF RECOMMENDATION Staff recommends that the CCDA consider approving the FY 2010 -11 Downtown Redevelopment Work Ilan. KEY. FACTS AND INFORMATION SUMMARY The FY 2010 -11 Downtown Redevelopment Work Ilan provides the opportunity for the CCDA to review progress, determine priorities and provide direction to staff for urban renewal activities. The work plan was guided by Council goals,. City Center Advisory Commission goals and feedback, the Tigard Downtown Improvement Plan, the Urban Renewal Plan, the Downtown Development (Leland) Strategy, and staff input. The work tasks fall into 4 broad categories: 1. Facilitation of Downtown Redevelopment Projects; 2. Improvement of Fanno Creek Park /Open Space System; 3. Development of Comprehensive Street /Circulation System; and 4. Organizational: City, Agency, Commission, Downtown Organizations, and Regional. Each category has several associated projects or tasks. The matrix of the ivotk plan was reviewed and approved by the City Center Advisory Commission at their May 12, _2010 meeting. OTHER ALTERNATIVES•CONSIDERED N/A CITY COUNCIL GOALS Goal 2: '[mpletrient Downtown Urban Renewal ATTACHMENT LIST Attachment .l - -: Memo to CCDA- dated.May 18, 2010 Attachment 2: RedeveIoptrtent Work Plan Matrix City of Tigard T; Memorandum To: Chair Craig Dirksen and City Center Development Agency Board From: Scan Fancily, Redevelopment Projcct Manager Re: Fiscal Year 2010 -11 Downtown Redevelopment Work Plan Date: May 18, 2010 The following is a work plan for Downtown Urban Renewal, for City Center Development Agency review. The work plan was guided by Council goals, CCAC goals, the Tigard Downtown Improvement Plan, the Urban Renewal Plan, the Downtown Development (Leland) Strategy, and staff input. The work tasks fall into 4 broad categories: 1. Facilitation of Downtown Redevelopment Projects; 2. Improvement of Fanno Creek Park /Open Space System; 3. Development of Comprehensive Street /Circulation System; and 4. Organizational: City, Agency, Commission, Downtown Organizations, and Regional. Below each category is a brief description of the projects /tasks. The attached matrix of the work plan was reviewed and approved by the City Center Advisory Commission at their May 2010 meeting. Downtown Redevelopment Work Plan FY 2010 -11 1. Facilitation of Downtown Redevelopment Projects Stimulating redevelopment in the Downtown is critical to the success of Urban Renewal. Taxes generated from the appreciation of property in the Downtown will be used to finance approved projects. The City will foster redevelopment by evaluating opportunity sites, developing a program for incentivizing new development where possible, and executing projects within the Urban Renewal Plan. A. Development. Opportunity Studies (DOS) These studies are partnerships with property owners to determine redevelopment feasibility. Consultants in real estate economics and architecture study specific sites and produce basic site plans (including massing and parking) and basic pro formas on alternative development schemes. Staff will follow -up on previous studies, evaluate additional sites for DOS, and perform 2 -3 new opportunity studies. B. Main Street Facade Improvement Program To help revitalize the Main Street as a place to shop, do business, and invest in, the program will be expanded to provide design assistance for up to 7 properties on Main Street. In consultation with the Facade Improvement Subcommittee, matching grants to complete projectsWill be awarded. Building on the pilot program, some procedures may be adjusted. C. Developer Outreach A forum will be organized in the fall to obtain feedback from the development community on the redevelopment potential of Downtown Tigard. Staff will serve as an "ombudsman" for Downtown development proposals. In addition, opportunities for public private partnerships will be monitored and followed up on. D. Development Incentives In order to get desired development projects, some form of incentives may be necessary. A toolbox of potential development incentives, to be financed with urban renewal funds, will be developed for CCAC review and CCDA approval. E. Pacific Hwy Corridor Land Use High Capacity Transit alongthe Pacific Highway corridor would be an important catalyst to Downtown development. Staff will participate on the management team for thc Tigard FACT Land Use Plan, which will make recommendations for transit supportive land uses in the corridor. F. Brownfields Opportunities for Brownfield redevelopment and grant funding at the Federal, state, and regional levels will be investigated and positioned for implementation. G. Downtown Plaza /Public Space Uncertainties in funding the projects proposed in the Fanno Creek Park and Plaza Master Plan has put them on hold. Opportunities for additional public space in the District will be evaluated. In addition, the feasibility of the Urban Creek will be evaluated. 2. Improvement of Fanno Creek Park /Open Space System Fanno Creek Park, as the southern edge of Downtown, provides the area with unique beauty and character. It provides an opportunity to restore the native habitat and ecology, provides important civic gathering spaces, a regional bike and pedestrian pathway, and brings the "green theme" into the heart of Downtown. A. Lower Fanno Creek Park These projects, including thc Clean Water Services re- meander and restoration and City funded trail and bridge replacement, have been deferred until FY 11 - 12 for budgetary reasons. B. Rail to Trail (Main to Tiedeman) If the freight rail easement is abandoned, the creation of a pedestrian and bicycle path will be coordinated with ODOT Rail. 3. Development of Comprehensive Street /Circulation System Streets and pedestrian connections play a critical role in the redevelopment of Downtown Tigard. Streets are 'much more than a means to accommodate automobiles, pedestrians, and transit. They also have important urban design, social and economic roles. Decisions regarding the design of Street projects and the extension and connection of Downtown streets and resultant Nock sizes must be carefully made to ensure that the City's objectives for a vibrant Downtown are realized. A. Downtown Circulation Plan The Circulation Plan will propose a comprehensive new street network to be implemented primarily through redevelopment. The CCAC is currently reviewing a draft version of the plan. In conjunction with their review, staff will conduct public outreach to potentially impacted property owners and develop implementation policies. After CCAC review, the plan will be taken through the public hearing process with the Planning Commission and Council. B..At - grade Crossing at Ash Ave Once the Downtown Circulation Plan has been adopted, discussions with ODOT Rail will byre- initiated. Obtaining a new at -grade crossing will also likely necessitate the closure of at least one other at grade crossing within the City. C. Street Improvements The Main Street Green Street project will begin design and engineering. Staff will participate on the management team, coordinate public /business outreach (particularly with Main Street stakeholders), and lead the citizen advisory committee (CAC) meetings. A MTJP grant application to complete the project on north Main Street may also be submitted for the next round of funding. The Hall /Pacific Hwy intersection project will be monitored and an interim plan for the gateway area on the corner will be completed. The Burnham Street /Ash Avenue and Greenburg /Main/ Pacific Hwy intersection projects will also be monitored for urban design issues. D. Parking Strategy The parking study for the Main Street project will be evaluated to determine if further action is-necessary. These actions could include parking management, creation of new parking areas, or public /private projects. 4. Organizational: City, Agency, Commission, Downtown Organizations, "and Regional Effective implementation of the Tigard Downtown Improvement Plan vision will require cooperation and coordination among public and private organizations and individuals currently engaged in Downtown redevelopment planning efforts, including City Council /CCDA, CCAC, and Downtown business and property owners. Bringing these stakeholder groups of varied interests and perspectives together will be an integral part of urban renewal. • A. Strengthen coordination between CCDA, CCAC, and other Downtown organizations A collaborative relationship between the City, citizens, business. and property owners is crucial. Increased coordination between the CCDA, CCAC, and Downtown interests to discuss issues of mutual interest, including planning and infrastructure projects will be emphasized. Improved methods of communication will be explored, such as expanding the web presence of the CCAC and CCDA on the City website. B. Events /Marketing Private and public .special events can have a positive effect,on the marketing of Downtown. Staff will work with the CCAC to.determinc City role in marketing and branding Downtown. C. Policy The Urban Renewal Plan lists over 30 potential projects, which is likely in excess of the $22 million maximum indebtedness of the district. For this reason, the projects should be prioritized. May 2011 will be the fifth anniversary of voter approval.of the Urban Renewal District. Around the time of this anniversary, an unbiased assessment of the progress of the Urban Renewal will be arranged. Other policy issues with implications for Downtown will be explored, such as. the possibility of a Railroad Quiet Lone in Downtown. D. Regional Coordination Coordination with'1'igard's regional partners is crucial for the success of the Downtown. Staff will continue to collaborate with the Metro Transit Oriented Development ('OD) program on development opportunity studies and the developers' forum. Staff will also participate in the activities' of the Association of Oregon Redevelopment Agencies, Regional Partners for Economic Development, and Urban Land Institute. 1:AI.12Y7.NVCouncil MarcnalsA2010 \6 -8-!O Ali 1 DT Work planclocx • Agenda Item # 1 1 Meeting Date June 8. 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Hearing to Consider Removal of Planning Commissioner Rex Caffall Prepaied By: Craig_Piosset Dept Head Approval: ct City Mgr Approval: CE ISSUE BEFORE THE COUNCIL Hearing to consider removal of Planning Commissioner Rex Caffall based on "misconduct" displayed in recent email to Planning Commissioner Richard Shavey. STAFF RECOMMENDATION Approve Resolution removing Rex Caffall from the Tigard Planning Commission. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal Code section 2.08.030 Commission Removal provides tor the removal of a Planning Commissioner "after hearing, for misconduct or nonperformance of duty." Based on the facts described below, the Council is considering the removal of Rex Caffall for misconduct, namely the use of inappropriate and threatening language in email messages. On May 21, 2010, Rex Caffall sent an email to the Tigard Planning Commissioner members and several staff in the Community Development Department (see Attachment 1). In this email Mr. Caffall used language of a threatening nature which was specifically directed at Planning Commissioner Richard Shavey. Following a phone conversation with Mr. Caffall in which he requested Mr. Caffall apologize to Mr. Shavey, Planning Commission President David Walsh sent an email to Mr. Caffall and asked him to resign from the Planning Commission (see Attachment 2). In this email, Mr. Walsh described Mr. Caffall's email as "an unprofessional and an unacceptable attack on Commissioner Shavey." Following a Council discussion of the above emails at the May 25, 2010 Study Session, Mayor Dirksen sent a letter to Mr. Caffall also requesting his resignation (see Attachment 3). In that letter, the Mayor states the Council members concurrence that the tone and language of Mr. Caffall's message were "sufficient to warrant" removal from the Planning Commission. This,letter also provided formal notice to Mr. Caffall that June 8, 2010 would be the date for his removal hearing if necessary and of his option to have the meeting held in a closed Executive Session or open Business Meeting. On May 27, 2010, Mr. Caffall sent a letter to Mayor Dirksen, in which he requested that the removal hearing be held during the open Business Meeting (see Attachment 4). On May 29, 2010, Mr. Caffall sent an email to several Planning Commissioners in which he discusses the upcoming removal hearing OTHER ALTERNATIVES CONSIDERED Do not remove Planning Commissioner Caffall CITY COUNCIL GOALS 4a. Support strategic, clarity/City values initiative (do the right thing; respect and care; get it done) ATTACHMENT LIST Attachment 1: May 21, 2010 Email from Rex Caffall Attachment 2: May 25, 2010 Email from David Walsh Attachment 3: May 26, 2010 Letter from Mayor Dirksen Attachment 4: May 27, 2010 Letter from Rex Caffall Attachment 5: May 29, 2010 Email from Rex Caffall Attachment 6: Resolution FISCAL NOTES NA ATTACHMENT 1 From: Rex Caffall [mailto:rcaffall @ caffall-Ilc.com] Sent: Friday, May 21, 2010 7:38 AM To: Richard Shavey; Doreen Laughlin; Anderson, Tom; Doherty, Margaret; Donald Schmidt; Fishel, Karen; Hasman, Stuart; Jeremy Vermilyea; Matt Muldoon's 2nd e-mail; Muldoon, Matthew; Tim Gaschke; Walsh, David Cc: Judith Gray; Darren Wyss Subject: RE: Priorities for Workshop #3 Sorry to have missed the last couple of meetings and even more sorry after reading this e-mail. My guess is this guy was not around when the majority of the citizenry who live in the Ash neighborhood came to a city hall meeting with pitchforks and torches the last time the idea was broached over completing a bridge over Fanno Creek or that he is even aware of the environmental organizations who were vehemently opposed to such a crossing. I will gladly provide the tar and rope to assist Mr. Shavey in his suicide on this one. My guess is it will be a rather warm meeting when next these issues are brought to the front burner. As a resident of the Ash neighborhood myself, I will have to recues myself when and if this comes during my term in office. Most likely while that meeting is going on I will be out flattening the tires on Richards car my self. In the mean time I am going to go out and acquire the largest meanest dog I can find and walk it by Richards home every day and with out a scoop or bag. I have made copies of this e-mail and am sending it along to every one in the neighborhood who are under the impression form that town hall meeting a number of years ago that the issues of both the Walnut extension and the crossing of Fanno Creek were dead. My guess is they to will not be happy campers and may have a message or two they would like to pass along to counsel and any one else who is so foolhardy as to believe any of this will fly. How could we better screw up what use to be a nice quiet little place to live. My guess is if it has not done anything for the last 20years it aint going to do a lot more in the next 20 so up the revolution and look out for large dogs in your yard Yes Richard I know I should take my meds regularly and quite possibility consider moving further out in the country and hope I will die before civilization expands that far out. In the mean time buy a large shovel and never park your car in dark places. See you all at the June meeting "that aught to be interesting!" ATTACHMENT 2 From: Walsh, David Sent: Tuesday, May 25, 2010 6:13 AM To: Caffall, Rex Cc: Jeremy Vermilyea; Ron Bunch Subject: Planning Commission Rex, I am writing to followup on our phone conversation from last week regarding the email that you sent to the Planning Commission on May 21, 2010 sharing your opinions about the May 17, 2010 email sent to the Commissioners by Commissioner Shavey. As I stated on the phone, I was disappointed with the tone and language in the email and still feel that it was an unprofessional and unacceptable attack on Commissioner Shavey. Further, the email contains threats to Commissioner Shavey that are disguised in what appears to by cynical humor but are nevertheless, threats. As President of the Planning Commission, I cannot tolerate any form of threats made by a Planning Commissioner to anyone. I believe the City Council would likely concur with this "zero tolerance" perspective around the use of threatening language or behavior. I have asked you to apologize to Commissioner Shavey and to the Planning Commission and you stated that you would not apologize. This further disappoints me. Lastly 1 have reviewed your attendance at recent meetings and find that you have missed 5 of the seven meetings held in 2010 which brings me to question your current commitment to the Planning Commission. Given what I view as the unprofessional way you have addressed the Planning Commission and your poor attendance in 2010, I ask that your resign from the Tigard Planning Commission effective immediately. You may state any reason you wish for your resignation. Please submit your resignation to Mayor Craig Dirksen at Craigd(a.tigard- or.gov by Tuesday, June 1, 2010. Thank you David F. Walsh President Tigard Planning Commission David F. Walsh Energy. Power & Utilities Manager SP Newsprint Co. 1301 Wynooski St. Newberg, OR 97132 503.537.6368 Fax: 503.537.6263 1 ATTACHMENT 3 Ili �^ I , ,h City of Tigard • May 26, 2010 Planning Commissioner Rex Caffall 13205 SW Village Glenn Drive Tigard, OR 97223 Re: Resignation from Tigard Planning Commission Dear Mr. Caffall, The Tigard City Council reviewed your email of May 21, 2010, which was directed toward Planning Commissioner Richard Shavey and written in response to his email outlining topics for an upcoming Planning Commission workshop. The Council members feel strongly that the tone and language of your message were personally threatening toward Mr. Shavey, are highly inappropriate, and sufficient to warrant your removal from the Tigard Planning Commission. The Council members are also . aware that Planning Commission President Dave Walsh has requested your resignation and all of the members of the City Council concur with that request. While no formal action has been taken, the Council requests that you submit your resignation to me not later than June 1, 2010. If you do not resign by that date, the Council is prepared to implement the formal proceedings necessary to remove you from the Tigard Planning Commission. Those proceedings consist of a hearing before the Council followed by a vote of the Council. If your resignation is not received, this letter will serve as your formal notice of that hearing. If you choose this course, the hearing, during which you may present evidence, will take place on June 8, 2010 . beginning at 6:30 PM and will take place in closed Executive Session. You may request that the hearing take place during the open Business Meeting, which begins at 7:30 PM. If you want the hearing to be held during the Business Meeting, please notify me in writing not later than June 1, 2010. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov May 26,.2010 Page 2 If you have questions concerning this matter, please contact Craig Prosser, the Tigard City Manager, at 503- 718 -2486 or craig@tigard- or.gov. Sincerely, O Craig E. Dirksen, Mayor City of Tigard, Oregon cc: Councilor Gretchen Buehner Councilor Mariand Henderson Councilor Sydney Webb Councilor Nick Wilson Craig Prosser Ron Bunch Dave Walsh RECEIVED ATTACHMENT 4 May 27, 2010 MAY 2 2010 City of Tigard May Craig Dirksen City of Tigard. AdMinitriglitqn #7007 0220 0001 5527 4701 Tigard City Hall 13125 SW. Hall Blvd. Tigard Oregon 97223 -6039 Mr. Mayor I am in receipt of your letter of May 26 and this is my formal request for a hearing relating to this mater during the open business meeting so that my presentation will become part of the public record as I do not wish for this issue to continue to rage on out of control. Nor do I wish for you or anyone else to take purely out of context what was the intent of the issues at hand. I believe every accused has the right to a trial by a jury of his or her pears and if we are going to have a hanging it should at least be out in the open where every one can have a look. I would ask that you invite Richard to be in attendance for if there is to be a hanging it is he who should escort me to the gallows and pull the lever sending me back to the serfdom of those living in the fiefdom of Tigard. Under the circumstance I will not attend the Planning commission meeting being held on June 7 I will appear before the Council on the 8 and present my materials at the hearing. Rex Caffall ATTACHMENT 5 From: Rex Caffall [mailto:rcaffall @caffall- Ilc.com] Sent: Saturday, May 29, 2010 1:45 PM To: Craig Prosser Subject: FW: Open letter to commissioners and invitation to attend my public hanging June 8 at chity council with a couple of samples fyi Importance:. High Sensitivity: Confidential Craig, FYI I thought you should have a copy of this as well because sure as anything there will be some one who will take exception to even this. From: Rex Caffall [mailto:rcaffall @caffall- Ilc.com] Sent: Saturday, May 29, 2010 1:37 PM To: 'Anderson, Tom'; 'Margaret Doherty (mdohertyor @aol.com)'; 'Fishel, Karen'; 'Hasman, Stuat; 'Jeremy Vermilyea'; 'Muldoon,. Matthew' Subject: Open letter to commissioners and invitation to attend my public hanging June 8 at chity council with a couple of samples fyi For those of you who know my warped sense of humor this will be my last. For those who truly have no sense of humor and truly believe the rest should think as you do or they don't count you can delete this with out reading it and smile with glee over the fact that I will be hung out to dry by your pears. For the last 6+ years I have tried to give of my personal time and efforts to this city that I chose to make my home 20 ±years ago. I chose to leave my Homein Bellevue Washington leaving behind my adult Children and to relocate to Oregon to be closer to one of my business ventures with headquarters in Wilsonville. I: fell in love with this wide spot in the road because of its rural setting and small town core with - houses on large lots and a small village lice city center. My morning drive would send me past'large fields and orchards some with horses grazing in the early morning mist. There was an old farm with a large barn and there they sold fresh eggs, this was a great place to live and an even nicer place to raise a family and I felt at home here. During the ensuing years since thatmove the city and some of its leaders have come up with some grandiose ideas of building "Gotham" on 99, they see a future with high -rise condominiums a performing arts center along Fanno Creek, and light rail running down the middle of 99. I have witnessed the growth of flag lots and seen some of the homes with over sized lots split up to allow 3 homes where once there was one. The wide spot in the road where I chose to settle -is in some.ways out of control and in other ways trying to manage its eventual growth, but in my humble opinion, some with grandiose ideas and overly high opinions of them selves are seeking to destroy rather than improve the livability of this wide spot in the road. In these 20+ years things have changed for me as well the business attitude in Oregon and the entire North west has dramatically changed for the worst, and several years back we closed our business in Oregon and Washington so I no longer have the responsibility of eighteen hundred families that once were our employees, and therefore no, real reason to remain here. I chose to stay because of the livability of Tigard and the fact that it is still only a short hop from PDX for me to get to So Cal and my current business ventures. I joined the planning commission I thought to give a little back to the community and to have a small part in planning for the future of this nice little burg. When I first joined the commission it was lead by a guy named Mark and he was noted for his wild Hawaiian print shirts and his fetish or hang up over Oregonian.news paper boxes. Mark showed up in shorts, sandals and wild shirts and the meetings were more like the wild, wild west rather than what they have become over the years since. During that time two of our members and the most serious and dedicated of us all Gretchen and Nick went on to become Council members. Others over the years came to the commission with personal agendas and when either they met that agenda or figured out it was a lost cause they abandoned their seats on the commission. This was not the case with me I came to contribute and have done so for over 6 years and served on several other committees and sporadically has continued to meet with the CIC even though that requirement was waved of commission members. There have been times when I have shown up for meetings when I was on of only two members of the planning commission to show, when it was expected all to attend. I have suffered through many a long night of rather boring meetings that could have been wrapped up in half the time if not for all of the time spent on individual needs to feel they just had to be heard if for no other reason than to feel important. "HO HUM ", but there I was giving my personal time as a selfless volunteer. Well since I am a volunteering my time I think there should at least be a little poking of fun and especially at those folks who think themselves so all important that we all just wait to here what pearls of wisdom will come from their lips. As well as attempting to create a few smiles over some all too serious issues. With Mark I use to liberate the occasional Oregonian box and put it either on his door stoop or some place obvious in his neighborhood. With others I would send my often times over the top out of control e-mail replies some you have seen and others you have not and it is just one of those e: replies that now has me facing the gallows and most likely an engraved invitation to "get outof town." We own residential property further out in Washington County where we could move and over the years there has been this rather persistent contractor who would like to buy my property tear down my house and build several row houses, at least this was his idea during the building frenzy of the past. Most likely he like the other builders has pulled in his horns and I sill like my neighbors and neighbor hood so unless those at the city who are intent upon the destruction of livable neighborhoods get their way my home will remain as is. But the question for me is how do I stay when the Mayor and his minion David have their personal vendetta over my poor attempt at humor, and believe me they aint seen nothing yet because I asked for a public hanging, no secret slaying in the back chambers of city hall by the almighty council for me, I want it all out in the open and on the public record for everyone to see and judge for themselves. I did receive at least one note from a member of our commission who took my last e-mail as it was intended and I do hope others saw it for what it was intended. I am attaching one I sent earlier to another city committee in which if you took it out of context which could have easily been done you could have turned it into me calling for murder to occur. I received many comments back on this one all positive and with some even funnier replies. After David's rather terse phone call last Friday and telling me he wanted my resignation or he would have me removed from his commission, I thought I would let the dust settle and bring it up at the planning commission meeting where you all could have a fair shot at me and give poor Richard a chance to confront me directly. Had David not been so uptight and frothing over it, I would have suggested a conference call with Richard to discuss the matter, however David was intent and in my opinion seeking to exercise his power of position and at that moment I could not continue on with the conversation and told him I did not see the need to do so. I think David should consider wearing boxer briefs they don't ride up causing such consternation. I almost thought he was having a "bad hair day" but we all know that was not the case. He truly is just up tight and obviously does not share my warped sense of humor. Strange actions coming form a guy who sent me the other attached e -mail her copy attached. Well later next week you will receive from me a fromal invitation to the public hanging and I suspect that you regardless of what you personally thought of my e -humor you should applaud the loudest when the lever is pulled and I am sent in to obscurity by the council, should you wish to remain in you're positions. And never in the future allow any of the powers to be know that you have any thoughts contrary to theirs or you too will be hung out to dry and for God's sake never ever crack a smile or attempt to be funny or for certain you will be castigated or worse yet removed to obscurity. It has been fun working with all of you and Thank you Matthew for have take those barbs I sent your way as what they were intended to be "Just poking fun" at a friend. I will understand if you do not acknowledge me in public for fear of guilt by association. Best of luck to all and please try to keep Tigard livable and not some giant conglomerate of row houses condos and all connected by some federal boondoggle as light rail. All you have to do is go out in to East county Gresham and in- between to see what light rail will bring to this nice little place to live. THOUGHT FOR THE DAY Never hold your tarts in. They travel up your spine, into your brain, and that is where shitty ideas come from!!!! r _ i r t , A ''. , ,,_:,, ,, ,,,„ ... . , ,.. ., , ,, . k ' ' 1 s} 0. 111 j r Sony if this offended anyone's sensitivity, however I could notresist one last shot at being politically incorrect especially considering what this entire thing is about. Guess I must be listening to way to much right -wing talk radio. What ever happened to DJ's spinning the latest music? Oh well I could always buy an I -Pod. DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e -mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained by the -City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 1 - �CQ Presentation to the City council Tigard Oregon June 8 2010 I come before you this evening to enter in to the public record my response to the council and to planning commission chair David Walsh in defense of my reputation and concerns over your taking out of context my e-mail to Richard Shavey relating to the issue of the Walnut extension across 99 and the destruction of the Ash neighborhood. I have given you all a packet containing exhibits I intend to use to show my truly politically incorrect and some times over the top humor. I further point out to you that the Supreme Court has ruled favorably in defense of far more offensive speech as being protected under the first amendment. Next let me say that truly if there are some of you who truly think that a 67year old man of my position in the business community and with ties to two large world wide charities is going to be out vandalizing property, walking large dogs and in anyway making threats to anyone. You are in more need of therapy than I. With that said let me point to exhibit #. 1 &2 an e -mail and reply from a commissioner whose name has been removed to protect them form either the wrath of David or reprisals by others. I point out in the first reply that they right off saw the humor in this and knew that if was just me being me. In number 2 the later reply after 5pm expressing surprise at the as they put it the "extreme reaction" of Mr. Walsh. It was my intention after listening to David's ranting on the phone to bring the issue before the planning commission and let everyone weigh in on the subject and settle the matter among ourselves. Mr. Walsh on the other hand chose to run sniveling to the Mayor and here we are. Exhibit # 3 Points out Mr. Walsh when the post of commission chair became vacant in which he states he would differ to me as the senior member of the commission should I wish to become the chair of the commission. This and exhibit #4 show that I realize that I am a smart mouth and prefer to remain so and like to put a little humor in to sometimes otherwise boring or all to serious meetings. It would not be proper for the chair to do so. Secondly since I have served over 6 years and my term of office is coming to an end I thought it best to elect some one with a longer time in office to hold this position and I backed someone other than Mr. Walsh a person who met that criteria and with far more experience and personality than Mr. Walsh. However this person chose not to run for the position. I now would like to point out to you all that this is not the first time I have been politically incorrect and sometimes over the top with my commentaries and e- mails. In Exhibit #.5 Relating to a joint meeting between the council and commission I used the cover from WKRP and poked a little fun at my friend Council woman Buehner and associating the rest of the council with the dysfunctional crew of WKRP. In-Exhibit #. 6 is another,ofmy over the top politically incorrect.ones and if you follow to page , 2 of this exhibit,you could have taken it outof context and'accused me of advocating violence on counter culture people. No one on the -CIC •did, in fact I received several nice replies and a couple of even funnier ones back. Over my 6 years as a volunteer planning commissioner I have 'witnessed people be appointed who had specific agendas and when either they were "able to achieve their needs or if not they Left. I have shown up at meetings where the entire planning commission was expected and I was but one of two to show. I have given the city a good deal of my personal time because I wanted to give a little back to my community. I do so as I do most everything;in life trying to be just a little off the wall and to try and have fun and poke fun at myself and others just to make them smile. These are just a couple of examples over the years I have senfmany and have kept copies of them all should anyone be interested in reviewing them. I appreciate the opportunity to have been able to put on the record my side of this issue. I am sorry that you all chose to see it in a different light for whatever your reasons. You should lighten up and take time to laugh and not take yourselves all that seriously. Rex Caffall • Page 1 013 Rex Gaffe!: From: Sent: Friday. May 21, 2010 ..525 PM To: Rex -Caffall Subject: Re: Priorities for Workshop #3 1 am surprised at David's extreme reaction. 1 will definitely be there on the 7th. On Nlay 21. 2010. at 4:56 Mt Rex Cal Tall wrote: if you thought as I did that this was jus another funny from carefree me. Old stick in the mud David thinks I am personally attacking poor Richard as you will see by his e-rriai;. What ever you do don't miss the meeting an the 7 11.1 . Because it will be a cold day in hell before aoologrze for trying to lighter up those who take themselves and fife so seriously and David says lfi to not he wili be askin :my resignation and you truly do riot want to miss out On what may well be one of my better rap of all tmes. from Sent: Friday, May 21, 2010 9:5/ AM To: Rex Caffall Subject: Re: Priorities for Workshop #3 , Rex. I've missed. you... thanks fur this :-) (in May 21. 2010, at 7:37 AM. Rex Caltall wrote: Sorry to have missed the last couple of meetings and even more sorry after reading this email My guess is this guy was not around when the majority of the citizenry who live in the Ash neighborhood carne to a city hall meeting with pitchforks and torches the last time the idea was broached over completing a bridge over Fanno Cre or that he is :even aware of the environmental organizations who were vehemently opposed to such a crossing. !will gladly provide the tar and rope to assist Mr Shavey in his suicide on this one. My guess is it will be a rather warm meeting when next these issues are brought to the kcal homer' As a resident of the Ash neighborhood myself, I will have to recues myself when and if this comes during my term in office: Most likely while that meeting is going ontv.till be out flattening the tares on Richards •6.2010 Page l of l 'Re*'CaffaI I From: Walsh, David [David.Walsh @spnewsprint.com] Sent: Tuesday, December 29, 2009 10:39 AM To: Caffall, Rex Subject: Planning Commission Good Morning Rex, Hope you had a good Christmas. Do you have interest in serving as President of the.,PC? You are senior man and would serve us well. Happy New Year Dave David F. Walsh Energy, Power & Utilities Manager SP Newsprint Co. 1301 Wynooski St. Newberg, OR 97132 503.537.6368 Fax: 503.537.6263 • • • • 6/8/2010 • Page l of l Rex Caffall From: Walsh, David [David. @spnewsprint.com] Sent: Tuesday, December 29, 2009 2:46PM To: 'rcaffall @caffalLllc.com' Subject: Re: Planning Commission No pressureRex. I simply wanted to find out your interest and give you first opportunity which I would support. If you are uncertain, I am interested and would appreciate your support. Jeremy is interested in VP unless I am not seeking President then he is interested. Matthew is also interested in the VP slot. Thanks Dave From: Rex Caffall To: Walsh, David e l j t Sent: Tue Dec 29 16:37:14 2009 Subject: RE: Planning Commission Actually David I was thinking of Suggesting either you or Jeremy for that honor. You know how seniors are we then to snooze or dose off a lot and have a tendency to loose our short term memory. Lets see what the January meeting turns out, myguess is every. one will be pointing fingers at each other and who ever gets the shortest straw wiltend up sittirig on the hot seat. Guess if worse base I could do it seeing as I am now on the short timers list. So whatever is best for the commission is ok with me. Hope you had a great Christmas. From: Walsh, David [ mailto :David.Walsh @spnewsprint.com] Sent: Tuesday, December 29, 200910:39'AM To: Caffall, Rex Subject: Planning Commission Good Morning Rex, Hope you had a good Christmas. Do you have interest in serving as President of the PC? You are senior man and would serve us well. Happy New Year Dave • • David F. Walsh • . Energy. Power & Utilities SP Newsprint Co. 1301 Wynooski;St. Newberg, OR_97132 • 503.537.6368 Fax: 503.537.6263 6/8/2010 Page 1 of 1 Rex Caffall From: Rex Caffall [rcaffall @caffall- Ilc.com] Sent: Saturday, January 09, 2010 4:49 PM To: 'Doreen Laughlin' Subject: RE:joint meeting 19th I can't tell you how much I am looking forward to our first meeting of the year with the council. Can you pick out Gretchen in this pictures 6 / /". „ • 4(1 It; • • 6/8/2010 Page l of 3 Rex Caffall From: Rex Caffall [rcaffall @caffall- Ilc.com] Sent: Sunday, April 11, 2010 9:24 AM To: 'Marissa Daniels'; 'OLSON, CATHY B'; 'veronica predovic'; 'CHRISTOPHER Basil R'; 'basil_christopher @MSN.com'; 'Connie Ramaekers (cramaekers @ttsd.kl2.or.us)'; 'The Carvers'; 'andapatti @yahoo.com' Cc: 'Dianna Weston'; 'Joanne Bengtson'; 'Susan Hartnett'; 'Liz Newton' Subject: RE: Living With Coyotes Marissa what's all the fuss about wild life in the city? We should understand that they were here first and it is we who are screwing up the neighborhood. My back yare is a real zoo all spring and summer long with raccoons the occasional coyote and the like and we quite enjoy the show and if the occasional poodle or cat ends up as a meal that's just nature doing it's thing. I suppose under the new administration we could be looking at some sort of tax for these creatures. As for me, what attracted me to Tigard and the home I bought was the large wooded area along the creek that was full of raccoons, nutria, innumerable song birds, ducks and herons, and the creek had a colony of turtles as well. It was a place where the neighbor hood children went to play and none were eaten by the wild beast, it was just a nice place where nature could survive while the rest of life passed it by. Now that lovely place is a jumble of Condos and the kayos clutter and noisy parties on the weekends as so called civilization further encroaches on suburbia. So let it be known !for one am protesting any activities that are aimed at killing off the local wild life in favor of more urbanization. When you have a back yard with these guys life is just a whole lot more fun. They love cat food and my cat doesn't mind sharing. The coyotes will settle for dog food and if well fed will leave the others alone. So what's all the fuss over any way ? ?? 4 • w 4044 w 2 ° .. 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T I GARD City Council City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the June 8, 2010 CCDA Meeting STATE OF OREGON) County of Washington) ss. City Tigard ) I, d H H eitj f 11 , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in > Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon > Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon > Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notification of the CCDA Meeting on June 8, 2010. A copy of said Notice being hereto attached and by reference made a part hereof, on the .3 day of J ust , 2010. 1 Signature of Person who Performed .: fication ,- d Subscribed and sworn (or affirmed) before me this 3 — day of , 2010. r7 . Signature of Notary Public for Oregon : CA Dr k;, wor My comriegIO NO. 419237 A110.Q4, 8011 4 TIGARD CITY CENTER DEVELOPMENT AGENCY MEETING JUNE 8, 2010 ti 6:30 pm ' TIGARD CITY HALL 13125 SW HALL BLVD. T I`GARD TIGARD OR 97223 NOTICE The City Center Development Agency (CCDA) will have before it on the June 8, 2010 City Council and City Center Development Agency Meeting Agenda the following item for consideration: • STUDY SESSION Review City Center Advisory Commission Recommendation for Downtown Urban Renewal Relocation Policies Review of City Center Advisory Commission (CCAC) Recommendation on Using Urban Renewal Funds to Offset Cost of Temporary Use Permits for Downtown Businesses • BUSINESS MEETING 9. PUBLIC HEARING: APPROVE A RESOLUTION ADOPTING THE FISCAL YEAR 2010 -11 BUDGET, MAKING APPROPRIATIONS, AND IMPOSING AND CA I hGORIZING TAXES 10. REVIEW AND APPROVE THE FY 2010 -11 DOWNTOWN REDEVELOPMENT WORK PLAN Please forward to: Brad Schmidt, The Oregonian (bradschmidt(a�news Oregonian com) Listings, The Oregonian tins .news.oregonian.com) Editor, The Regal Courier •r • • . c•urier.com) Geoff Pursinger, Tigard Times a.ursin: - • • i. - w • ,. - r . • ) Newsroom, The Times (Fax No. 503 -546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact City Recorder Cathy Wheatley by calling 503-6394171, ext. 2410. Post: 0 44' to 'a 02Um Tigard City Hall Deputy City Reco : er /Date Tigard Permit Center Tigard Public Library N .4,.._ 14 . 11 . . TIGARD City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of the June 8 2010 CCDA Meeting STATE OF OREGON) County of Washington) ss. City of Tigard ) n I, Ct 4 .142_01 eE/Z being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following organization by fax : Ds Newsroom, Tigard Times and the following people /organizations by e -mail: i / Brad Schmidt, The Oregonian ( bradschmidt @news.oregonian.com) 111/ Listings, The Oregonian (Listings @news.oregonian.com) [� Editor, The Regal Courier (Editor (a�theregalcourier.com) C� Geoff Pursinger, Tigard Times (gpursinger @commnewspapers.com) z/Up A copy of said Notice being hereto attached and by reference made a part hereof, on the ,., day of 1/4^/ ,2010. Signature of Person who Performed Notification Subscribed and sworn (or affirmed) before me this day of , 2010. tee. _ ; Signature of Notary Public for Or-:on i:•'` OFFICIAL SEAL ..\',.% CATHERINE Co WHEATLEY NOTARY PUBIJC.OREGON COMMISSION N0.419257 MY COMMISSION EXPIRES AUG. 04, 2011 TIGARD CITY CENTER DEVELOPMENT AGENCY MEETING JUNE 8, 2010 6:30 pm TIGARD CITY HALL 13125 SW HALL BLVD. TIGARD � /� n TIGARD OR 97223 1 1 t1 I� NOTICE The City Center Development Agency (CCDA) will have before it on the June 8, 2010 City Council and City Center Development Agency Meeting Agenda the following item for consideration: • STUDY SESSION Review City Center Advisory Commission Recommendation for Downtown Urban Renewal Relocation Policies Review of City Center Advisory Commission (CCAC) Recommendation on Using Urban Renewal Funds to Offset Cost of Temporary Use Permits for Downtown Businesses • BUSINESS MEETING 9. PUBLIC HEARING: APPROVE A RESOLUTION ADOPTING THE FISCAL YEAR 2010 -11 BUDGET, MAKING APPROPRIATIONS, AND IMPOSING AND CATEGORIZING TAXES 10. REVIEW AND APPROVE THE FY 2010 -11 DOWNTOWN REDEVELOPMENT WORK PLAN Please forward to: Brad Schmidt, The Oregonian ( bradschmidt@news.oregonian.com) Listings, The Oregonian (Listings@ news.oregonian.com) Editor, The Regal Courier (Editor@therebalcourier.com) Geoff Pursinger, Tigard Times(gpursingeer(a commnewspapers.com) Newsroom, The Times (Fax No. 503- 546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact City Recorder Cathy Wheatley by calling 503- 639 -4171, ext. 2410. Post: d/4 /Cl A /G - o?D /D Tigard City Hall Deputy City Recorder /Date Tigard Permit Center Tigard Public Library