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City Council Packet - 07/13/2010 N 11 1 TIGARD City of Tigard TIGARD CI'I"Y COUNCIL BUSINESS ME N;TING July 13, 2010 COUNCIL MEETING WILL BE TELEVISED I:1Ofs \Donna \Ccpkt1 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov ee City of Tigard -- IN ' ��' Ti gard Business Meeting - Agenda itIMMI TIGARD CITY COUNCIL MEETING DATE AND TIME: July 13, 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 1. Consider Recommendations of Park Acquisitions for the Bond Election 2. Discuss Development of Code of Conduct for Elected Officials and Appointed Board /Committee /Commission Members 3. Administrative Items • Vacation Plans through September 2010 • Distribute Current Council Groundrules • July Calendar • July 20, 2010 - Workshop Meeting - 6:30 p.m. • • July 27, 2010 - Businesss Meeting - 6:30 p.m. 7:30 PM 1. BUSINESS MEETING 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Council Communications & Liaison Reports 5. Call to Council and Staff for Non - Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) 7:35 p.m. (estimated) 1. Tigard Area Chamber of Commerce 2. Citizen Communication — Sign Up Sheet 3. Follow -up to Previous Citizen Communication 3. CONSENT AGENDA: (Tigard City Council, City Center Development Agency, and Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. 7:40 p.m. (estimated- time might change) Motion to: 1. a. Receive and File - Council Calendar b. Receive and File - Tentative Agenda 2. Provide Worker's Compensation Insurance for Voluteers for 7/1/10 through 6/30/11 - Resolution No. 35 3. Revise City Council Member Stipends, Superseding Resolution No. 08 -63 - Resolution No3(0 • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council /City Center Development Agency has voted on those items which do not need discussion. 4. INFORMATIONAL PUBLIC HEARING - APPROVE FORMATION OF THE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 48 (LOWER CHERRY DRIVE) 7:45 p.m. (estimated - time might change; hearing will not be held before 7:30 p.m.) • Open Public Hearing • Hearing Procedures — This is an informational public hearing in which any person shall be given the opportunity to comment. The formation of the reimbursement district does not result in an assessment against the property or lien against the property. (TMC 13.090.050 (hearing on City Engineer's Report) and TMC 13.09.1053 (final hearing) • Staff Report: Community Development Department • Public Testimony • Staff Recommendation • Council Discussion • Close Public Hearing • City Council Consideration: Resolution No.31 5. CONSIDER AN ORDINANCE UPDATING TIGARD MUNICIPAL CODE (TMC) 15.20 STREET MAINTENANCE FEE 7:55 p.m. (estimated - time might change) • Staff Report • Council Discussion • Council Consideration: Ordinance C 6. UPDATE ON BURNHAM STREET AND CAPITAL IMPROVEMENT PROGRAM 8:10 p.m. (estimated - time might change) 7. COUNCIL LIAISON REPORTS 8. NON AGENDA ITEMS 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (h) and (i) to discuss potential litigation with legal counsel and to review and evaluate performance of the city manager. 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. 10. ADJOURNMENT 8:40 p.m. (estimated) • AIS -10 Business Meeting Date: 07/13/2010 Length (in minutes): 30 Minutes Agenda Title: Consider Recommendations of Park Acquisitions for the Bond Election Prepared By: Kathy Mollusky, Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. Information ISSUE This discussion is a follow up to the June 15 presentation by the Parks and Recreation Advisory Board (PRAB) and Trust for Public Lands (TPL) staff who are assisting the City regarding a potential parks bond. STAFF RECOMMENDATION / ACTION REQUEST Listen to input from the PRAB and TPL and advise staff regarding the amount of the requested bond and the appropriate distribution of the requested funds. This information is necessary for the preparation of documents which will be considered by the Council on July 27, 2010. KEY FACTS AND INFORMATION SUMMARY • In November 2009 the bond measure for $20 million for the purchase of parks, open space and trails failed by a margin of 5 to 47 %. • Council goals for 2010 . include strategizing with PRAB on a 2010 Parks Bond. • The PRAB goals include actively pursuing a 2010 bond measure to identify and pursue possible open space /land acquisitions. • The Parks and Recreation System Master Plan has identified that.245 more acres of land will be needed by 2028. Presently, 82 acres of park and open space are needed to meet current standards. • The Council must decide whether or not to pursue the bond measure for the November election. • At the June 15 Council meeting, TPL discussed their survey results and the potential bond amount. TPL believes November 2010 is the correct time for the election. • Citizens support the acquisition and preservation of land over building, improving, or maintaining parks. • At the same Council meeting, the PRAB discussed development and acquisition of properties. The PRAB feel citizens support parks in their neighborhood. • Council directed the PRAB to focus more on acquiring property and less on development of parks. • Council wants to ask for less money than the previously failed bond measure. PRAB can state how much money Tigard has received in grants to reduce the bond amount. • At the June 21 PRAB meeting, the PRAB unanimously passed a motion to recommend to Council a $17 million parks bond to go to voters. If approved, 80% will be used for land acquisition and 20% will be used to develop and improve existing or new parks. • The PRAB has made a formal resolution, asking the Council to submit a bond measure for parks and open space in the amount of $17 million. OTHER ALTERNATIVES The Council could choose to delay the election date until 2011 or later, or decide to forgo the election completely and direct staff to explore alternative methods to fund these purchases and improvements. Council could also alter the amount of the proposed bond or change the allocation of the proceeds between uses. Council also needs to determine whether to refer a second bond measure to the same ballot as suggested by Councilor Henderson. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 3. Strategize with PRAB on a 2010 Parks Bond a. Decide whether to return to ballot and, if so, when b. Develop land acquisition strategies (potential options to purchase, etc.) DATES OF PREVIOUS COUNCIL CONSIDERATION Fiscal Impact Cost: $500 Budgeted (yes or no): Yes Where Budgeted (department /program): Parks Additional Fiscal Notes: An election in November 2010 is estimated to cost the City around $500 for publication of legal notices and other minor expenses. Bonds would mature in 21 years or less from issuance and may be issued in one or more series. The estimated additional cost to property owners, if $15 million in bonds are sold, would be $0.26 per $1,000 of assessed valuation. For the owner of a home with the median assessed value $207,000, the additional monthly cost would be about $4.49 per month or $54 per year. Passage of this bond (or securing some other source for $15 million) will allow the City to leverage additional millions of dollars in future System Development Charges (SDCs). Attachments PRAB Resolution Councilor Henderson Information CITY OF TIGARD, OREGON PARK AND RECREATION ADVISORY BOARD RESOLUTION A RESOLUTION OF THE PARKS AND RECREATION ADIVISORY BOARD RECOMMENDING THE CITY OF TIGARD COUNCIL SUBMIT TO THE ELECTORS OF THE CITY THE QUESTION OF CONTRACTING GENERAL OBLIGATION BONDED INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $17,000,000 TO ACQUIRE LAND, DEVELOP AND IMPROVE NEW AND EXISTING PARKS, OPEN SPACE, AND TRAILS WHEREAS, The City of Tigard has completed a Park System Master Plan that identifies numerous park and open space needs; and WHEREAS, The City of Tigard has, set goals for park and open space acreage to have a park within 1 /2 mile of every Tigard . citizen to make Tigard a more desirable and family friendly environment; and • WHEREAS, To meet the current need for park and open space acreage, the City needs 82 acres, and in 20 years those park and open space needs are projected to exceed 245 acres; and WHEREAS, Funding must be found to acquire the acreage needed to meet these needs while land is still available; and WHEREAS, More than $3 million in funding for the Summer Creek property has been secured, therefore the amount of the previous $20 million bond could be reduced. NOW, THEREFORE, BE IT RESOLVED by the Tigard Park and Recreation Advisory Board that: SECTION 1: The Board recommends to the Tigard City Council that Tigard submit a bond measure for parks and open space in the amount of $17 million. Eighty percent or more of the bond funds would be dedicated for acquisition, 20 percent or less of the funds would be dedicated to development and improvements of new and existing parks, open space and trails. Additionally, up to 10 percent of the total funds would be for park and open space acquisition in the downtown area. SECTION 2: This resolution is effective immediately upon passage. PASSED This 13th day of July 2010. Chair — Park and Recreation Advisory Board A I I EST: Park and Facilities Manager - City of Tigard PARK AND RECREATION ADVISORY BOARD RESOLUTION Page 1 DRAFT 1 MHH 6/22/2010 Parkland Bond Measure for future incorperated Tigard areas Amount : $5m for property acquisition Term: 20 years at $14.00 per year for an average household Reasoning: . Monies intended for investment in park properties for future incorpated City of Tigard. Effected area Durham area Metsger area West Bull Mountain area Unincorporated Islands inside Tigard City limits Allocation As identified by Tigard's PRAB Board Funds to be used ASAP Conditions: Parkland Bond Measure will be considered active only: 1) with successful Tigard Bond Measure passage 2) with successful Parkland Bond Measure passage Parkland Bond Measure Funds do not comingle with Tigard Bond Funds AIS -57 Business Meeting Date: 07/13/2010 Length (in minutes): 15 Minutes Agenda Title: Discuss Development of Code of Conduct for Elected Officials and Appointed Board /Committee /Commission Members Prepared By: Kent Wyatt, Administration Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. Information ISSUE What does Council wish to include in a Code of Conduct for Elected & Appointed Officials. STAFF RECOMMENDATION / ACTION REQUEST Provide consultation on development of code of conduct for elected and appointed officials. KEY FACTS AND INFORMATION SUMMARY The City Council has expressed a desire in maintaining the highest level of professional conduct for all Tigard elected officals and board, committee, and commission members. To this end, the City Council has directed staff to develop a Code of Conduct. Staff has include four sample code of conduct policies. Council may wish to provide direction on particular issues that they want addressed in the code. In particular, the City Council may wish to provide input on a process for sanction or removal of an appointed official. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Fiscal Information: None • Attachments Santa Anna. CA Code Glendale. AZ Code Firebaugh. CA Code Crestwood. MO `Code TVF &R Code of Conduct THE CITY OF SANTA ANA CODE OF ETHICS AND CONDUCT ADOPTED JUNE 2, 2008 The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter of the City of Santa Ana which states: "The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected off icials and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials." Consistent with the vote of the people, the following Code of Ethics and Conduct is hereby adopted by the City of Santa Ana to ensure effective and fair operation of the local government of the City of Santa Ana. PREAMBLE It is the intent of this code to achieve fair, ethical, and accountable local government for the City of Santa Ana. The people of Santa Ana expect public officials, both elected and appointed, to comply with both the letter and the spirit of the laws of the State of California, the United States of America, and the Charter, Municipal Code, and established policies of the City of Santa Ana affecting the operations of local government. In addition, public officials are expected to comply with the provisions of this Code of Ethics and Conduct established pursuant to the expressed will of the people. All persons covered by this code will aspire to meet the highest ethical standards in the conduct of their responsibility as an elected or appointed official of the City of Santa Ana. This code addresses various aspects related to the governance of the City of Santa Ana and supplements, but does not supplant other laws and rules that prescribe the legal responsibilities of City officials. These include, but are not limited to, the Federal and State Constitutions, various provisions of the California Government Code (such as the Brown Act and the Political Reform Act), the Labor Code, laws prohibiting discrimination and harassment, and the City of Santa Ana Charter and Municipal Code. Elected and appointed officials are expected to be familiar with these laws to ensure that they exercise their public responsibilities in a proper fashion. This code is not designed to be used as a tool to remove appointed officials, as the City Council retains the right under the Charter and Municipal Code to remove appointed officials in accordance with those provisions. While it is not possible to anticipate and provide a rule of conduct and ethics for all situations that public officials may face, this Code of Ethics and Conduct is designed to provide a framework to guide public officials in their daily duties. II. SCOPE The provisions of this Code of Ethics and Conduct shall apply to the Mayor and members of the City Council, and to all members of the boards, commissions, and committees appointed by the City Council or the Mayor or the Mayor and .City Council, including any ad hoc committees. Further, the provisions of this Code of Ethics and Conduct shall only apply to these officials and members acting in their official capacities and in the discharge of their duties. III. CORE VALUES Attitudes, words, and actions should demonstrate, support, and reflect the following qualities and characteristics for the well being of our community. The five core values and expressions that reflect these core values are as follows: INTEGRITY/ HONESTY • I am honest with my fellow elected officials, the public and others. • I do not promise what I believe to be unrealistic. • I am prepared to make unpopular decisions when my sense of the public's best interests requires it. • I credit others' contributions to moving our community's interests forward. • I do not knowingly use false or inaccurate information to support my position or views. • I safeguard the ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise, or give the appearance of compromising, objectivity, independence, and honesty. RESPONSIBILITY /PROTECTING THE PUBLIC'S INTERESTS • I do not accept gifts, services or other special considerations because of my public position. • I excuse myself from participating in when my or my immediate family's financial interests may be affected by my agency's actions. • I do not give special treatment or consideration to any individual or group beyond that available to any other individual. • I refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial or other personal interests. FAIRNESS /ACCOUNTABILITY • I promote meaningful public involvement in the agency's decision - making processes. • I treat all persons, claims and transactions in a fair and equitable manner; I make decisions based on the merits of the issue. • If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision- making process, I publicly share it with my fellow governing board members and staff. • I work to contribute to a strong organization that exemplifies transparency and open communication. RESPECT FOR FELLOW ELECTED OR APPOINTED OFFICIALS, STAFF, AND THE PUBLIC • I treat my fellow officials, staff and the public with patience, courtesy and civility, even when, we disagree on what is best for the community. • I work towards consensus building and gain value from diverse opinions. • I respect the distinction between the role of office holder and staff; I involve staff in meetings with individuals, those with business before the agency, officials from other agencies and legislators to ensure proper staff support and to keep staff informed • I conduct myself in a courteous and respectful manner at all times during the performance of my official City duties. • I encourage full participation of all persons and groups; I am aware and observe important celebrations and events which reflect the values of our diverse population. PROPER AND EFFICIENT USE OF PUBLIC RESOURCES • I do not use public resources, such as agency staff time, equipment, supplies or facilities, for private gain or personal purposes. • I make decisions after prudent consideration of their financial impact, taking into account the long -term financial needs of the agency, especially its financial stability. • I demonstrate concern for the proper use of agency assets (such as personnel, time, property, equipment, funds) and follow established procedures. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the. City and its residents. Iv. IMPLEMENTATION AND ENFORCEMENT City of Santa Ana elected and appointed officials of the various boards, commissions and committees have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. This code of ethics will be most effective when the elected and appointed officials are thoroughly familiar with it and embrace its provisions. Upon adoption of this code, all current elected or appointed officials shall be given a copy of the code and asked to affirm in writing that they have received the code, understand its provisions, and pledge, to conduct themselves by the code. All new members, of the City Council, upon election or reelection, and members of boards, commissions, and committees appointed by the City Council, upon appointment or reappointment, shall be given a copy of the code and are required to affirm in writing they have received the code and understand its provisions, and pledge to conduct themselves by the code. (See Attachment) Additionally, all members of the City Council, boards, commissions, and committees, as part of their AB1234 training, shall be provided additional training clarifying the provisions and application of this code. The City Attorney, or his /her designee, shall serve as a resource person to those persons covered by the code to assist them in determination of appropriate actions consistent with the code. A periodic review of the code shall be conducted to ensure that the code is an effective and vital document. This Code of Conduct is intended to be a reflection of the community's values as articulated by the Mayor and City Council as they represent the will of the people of the City of Santa Ana. CITY OF SANTA ANA - CODE OF ETHICS AND CONDUCT CERTIFICATION As an elected or appointed official of the City of Santa Ana, California, I herein certify that I have received a copy of the Code of Ethics and Conduct of the City of Santa Ana, have been offered training and assistance in understanding this code, and am aware of the provisions of the code and its application to my responsibilities. Consistent with the code, I pledge the following in the conduct of my duties: INTEGRITY/ HONESTY • I am honest with my fellow elected officials, the public and others.. • I do not promise what I believe to be unrealistic. • I am prepared to make unpopular decisions when my sense of the public's best interests requires it. • I credit others' contributions to moving our community's interests forward. • I do not knowingly use false or inaccurate information to support my position or views. • I safeguard the ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise, or give the appearance of compromising, objectivity, independence, and honesty. RESPONSIBILITY /PROTECTING THE PUBLIC'S INTERESTS • I do not accept gifts, services or other special considerations because of my public position. • I excuse myself from participating in decisions when my or my family's financial interests may be affected by my agency's actions. • I do not give special treatment or consideration to any individual or group beyond that available to any other individual. • I refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial or other personal interests. FAIRNESS /ACCOUNTABILITY • I promote meaningful public involvement in the agency's decision - making processes. • I treat all persons, claims and transactions in a fair and equitable manner; I make decisions based on the merits of the issue. • If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision- making process,. I publicly share it with my fellow governing board members and staff. • I work to contribute to a strong organization that exemplifies transparency and open communication. RESPECT FOR FELLOW ELECTED OR APPOINTED OFFICIALS, STAFF, AND THE PUBLIC • I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community. • I work towards consensus building and gain value from diverse opinions. • I respect the distinction between the role of office holder and staff; I involve staff in meetings with individuals, those with business before the agency, officials from other agencies and legislators to ensure proper staff support and to keep staff informed • I conduct myself in a courteous and respectful manner at all times during the performance of my official City duties. • I encourage full participation of all persons and groups; I am aware and observe important celebrations and events which reflect the values of our diverse population. PROPER AND EFFICIENT USE OF PUBLIC RESOURCES • I do not use public resources, such as agency staff time, equipment, supplies or facilities, for private gain or personal purposes. • I make decisions after prudent consideration of their financial impact, taking into account the long -term financial needs of the agency, especially its financial stability. • I demonstrate concern for the proper use of agency assets (such as personnel, time, property, equipment, funds) and follow established procedures. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents. Signed this day of , 2008 Signature: RESOLUTION NO. 4210 NEW SERIES A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ADOPTING THE CODE OF CONDUCT FOR ELECTED OFFICIALS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE as follows: SECTION 1. That the Code of Conduct for Elected Officials, three copies of which are on file in the office of the City Clerk, are hereby adopted and said copies are ordered to remain on file with the City Clerk. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Glendale, Maricopa County, Arizona, this 25 day of November, 2008. *lama : .. M•YOR e t ATTEST: _46..x_ . 1 sssie. City Clerk EAL) APPROVED AS TO FORM: 0.istor. ' City Attorney REVIEWED BY: _____Peon.e_ K 41--- 1-01,_ City Manager CITY OF GLENDALE CODE OF CONDUCT For Elected Officials TABLE OF CONTENTS Page I. General Background 2 II. Overview of Roles & Responsibilities of Elected Officials 2 -3 CODE OF CONDUCT FOR ELECTED OFFICIALS 3 Section 1. Council Conduct with One Another 3 -4 Section 2. Council Conduct with City Staff 4 -5 Section 3. Council Conduct with The Public 5 -6 Section 4. Council Conduct with Other Public Agencies 6 -7 Section 5. Council Conduct with Boards and Commissions 8 -9 Section 6. Council Conduct with The Media 9 Section 7. Sanctions & Violations 9 -10 1 I. General Background The City Charter, adopted in 1947, establishes a Council- Manager form of government. Subject to the limitations imposed by the State Constitution and so long as consistent with State law, all powers of the City are vested in the elected City Council. The City Council, which is comprised of six council members and the Mayor, enacts local legislation, adopts budgets, determines policies, and appoints the City Manager, City Clerk, City Attorney, City T reasurer and City Judge. The council shall consist of a mayor and six (6) other members to be elected by the qualified electors of the City of Glendale as follows: (a) The mayor shall be elected from the city at large, pursuant to the election procedure • (primary and general elections) specified in ordinances which are adopted according to law or as provided for under the City of Glendale Charter. (b) The six (6) other council members shall be elected from six (6) geographic districts within the City of Glendale.. Each district shall contain a substantially equal number of electors. Electors in each districtshall vote only for the council candidates nominated from the district in which the electors reside. (c) Each candidate for one of the six (6) council seats shall at the time of nomination and during his tenure maintain his permanent residence within the district from which he is nominated. (d) No candidate for the six (6) council seats may run for more than one district in any regular election. The City Council is committed to ensuring active public participation in their decision - making processes: (a) Through the appointment of citizens to the City's advisory boards and commissions. (b) Through special assignment of citizens to issue - oriented task forces such as the Bond Committee. (c) By hosting or attending neighborhood meetings and events. (d) By sponsoring regional and community forums on such topics as youth, transportation, economic development and parks. (e) Through the actions of Citizen Participation Plans in accordance with city ordinances section 3.304 and 3.305. II. Roles and Responsibilities of Elected Officials NOTE: For the purpose of the Code of Ethics and Code of Conduct, the term council member refers to Mayor and Council; all members of the City Council. 2 THE MAYOR The Mayor shall be the chairman of the council and preside over its deliberations. He or she may make and second motions and shall have a voice and vote in all its proceedings. He or she shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no regular administrative duties. THE VICE - MAYOR The council shall designate one (I) of its members as Vice Mayor, who shall serve in such capacity at the pleasure of the council. The vice mayor shall perform the duties of the mayor during the mayor's absence or disability. THE COUNCIL MEMBERS All powers of the city, not in conflict with the constitution and subject to the limitations of this charter, shall be vested in the council, who shall enact appropriate legislation and do and perform any and all acts and things which may be necessary and proper to carry out these powers or any of the provisions of this charter. Code of Conduct For Elected Officials This Code of Conduct is designed to describe the manner in which council members should treat one another, city staff, constituents, and others they come into contact with in representing the City of Glendale. The constant and consistent theme through all of the conduct guidelines is "respect." Elected officials are called upon to exhibit behavior consistent with the Code of Conduct and Code of Ethics at all times. Section 1 - Council Conduct with One Another A. Use formal titles The council should refer to one another formally during public meetings as Mayor, Vice Mayor or council member followed by the individual's last name. B. Use civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. This does not allow, however, council members to make belligerent, personal, impertinent, slanderous, threatening, abusive, or personally disparaging comments in public meetings or during 3 individual encounters. No shouting or physical actions that could be construed as threatening or demeaning will be acceptable. If a council member is personally offended by the remarks of another council member, the offended council member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other council member to justify or apologize for the language used. C. Honor the role of the Chair in maintaining order It is the responsibility of the Mayor, as Chair of the council under the Charter, to keep the comments of council members on track during public meetings. Council members should honor efforts by the Mayor to focus discussion on current agenda items, If there is disagreement about the agenda or the Mayor's actions, those objections should be voiced politely and with reason, following commonly recognized parliamentary procedure. D. Demonstrate effective problem- solving approaches Council members have a public forum to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. This public forum should be used in the most effective and beneficial manner. Section. 2 Council Conduct with City Staff A. Treat all staff as professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. Council members should refer to staff by their title followed by the individual's' last name in public meetings when first introduced. B. Limit contact to specific City staff Questions of City staff and/or requests for additional background information shall be directed to the City Manager, City Attorney, Assistant City Manager, Deputy City Managers, or Department Heads. Requests for follow -up or directions to staff should be made only through the City Manager or the City Attorney when appropriate. When in doubt about what staff contact is appropriate, council members should ask the City Manger for direction. Materials supplied to a council member in response to a request will be made available to all members of the council so that all have equal access to information. C. Do not disrupt City staff from their jobs Council members should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. 4 D. Never publicly criticize an individual employee Council should never express concerns about the performance of a City employee in public, to the employee directly or to the employee's manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation. Comments about staff in the office of the appointed officials should be made directly to appointed official. E. Do not get involved in administrative functions Except as otherwise provided in this charter, neither the council nor any of its members shall interfere with the execution by the city manager of his powers and duties, or order, directly or indirectly the appointment by the city manager of any person to an office or employment his removal there from. Except for purposes of inquiry, the council and its mernhers shall deal with the administrative service under the city manager solely through the city manager, and neither the council nor any member thereof shall give orders to any subordinate of the city manager, either publicly or privately. Nothing in this section shall be construed, however, as prohibiting the council while in open session from fully and freely discussing with or suggesting to the city manager anything pertaining to city affairs or the interests of the city. F. Do not attend meetings with City staff unless requested by staff. Even if the council member does not say anything, the council member's presence implies support, shows partiality, intimidates staff, and hampers staff's ability to do their job objectively. G. Limit requests for staff support Council members are provided with staff to assist with various administrative activities. These staff members are . merit system employees and, while available to assist the council members to which they are assigned, they remain subject to all the rules and directives that are applicable to all City employees. Requests for additional staff support, beyond the currently assigned' staff, even in high - priority or emergency situations, should be made only to the City Manager who is responsible for allocating City resources in order to maintain professional, well -run City functions. H. Do not solicit political support from staff Council members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, collection of petition signatures, etc.) from City staff. City staff may, as private citizens within constitutional rights, support political candidates but all such activities must be done away from the workplace and the staff cannot identify themselves in any manner as City employees. 5 Section 3 - Council Conduct with The Public In Public Meetings Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual council members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. A. Be welcoming to speakers and treat them with care and gentleness For many citizens,.speaking in front of council is a new and difficult experience. Under such circumstances many are nervous. • Council members are expected to treat citizens with care and respect during public hearings. Council members should commit full attention to the speakers or any materials relevant to the topic at hand. Comments and non - verbal expressions should be appropriate, respectful and professional. Questions by council members to speakers should seek to clarify or expand information. B. Be fair and equitable in allocating public hearing time to individual speakers The Mayor will determine and announce time limits on speakers at the start of the public hearing process. Generally, each speaker will be allocated five- minutes with applicants and appellants or their designated representatives allowed more time. If many speakers are anticipated; the Mayor may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. The public hearings and citizen comments time will be conducted in accordance with Resolution 3136. Each speaker may only speak once during the public hearing unless the council requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the Mayor reopens the public hearing for a limited and specific purpose. C. Active listening Council members shall actively listen to and be attentive to speakers. D. Ask for clarification, but avoid debate and argument with the public Only the Mayor, not the individual council members, should interrupt a speaker during a presentation: However, a council member can ask the Mayor for a point of order if the speaker is off the topic or exhibiting behavior or language the council member finds disturbing. Questions by council members to members of the public testifying should seek to clarify or expand information. E. Follow parliamentary procedure in conducting public meetings The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final 6 • rulings on parliamentary procedure are made by the Mayor; subject to the appeal of the full council. In Unofficial Settings F. Make no promises on behalf of the Council in unofficial settings. Council members will frequently be asked to explain a council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. Overt or implicit promises of specific council action, or to promise City staff will take some specific action are to be avoided. Section 4 - Council Conduct with Other Public Agencies A. Be clear about representing the city or personal interests If a council member appears before another governmental agency or organization to give a statement on an issue, the council member must clearly state 1) whether his or her statement'reflects personal opinion or is the official stance of the City; 2) whether this is the majority or minority opinion of the council. B. Representation of the City on an Outside Board, Commission, or to an Outside Agency If the council member is representing the City, that council member must consistently support and advocate the City's official position on an issue and cannot foster or further a personal viewpoint that is inconsistent with the official City position. Council members must inform the council of their involvement in an outside organization if that organization is or may become involved in any issue within the City's jurisdiction. If an individual council member publicly represents or speaks on behalf of another organization whose position differs from the City's official position on any issue, the council member must clearly communicate the organization upon whose behalf they are speaking and must withdraw from voting as a council member upon any action that has bearing upon the conflicting issue. C. Correspondence also should be equally clear about representation City letterhead shall be used . only when the council member is solely representing and speaking on behalf of the City and with the council member's official capacity. A copy of official correspondence should be given to the council office and mayor's office staff to be maintained as a public record. 7 • D. Representation of the City on Intergovernmental Commissions and Other Outside Entities Council members serving on committees or boards as the City representative on outside entities or agencies shall properly communicate with other council members on issues pertinent to the city. Section 5 - Council Conduct With. Boards and Commissions* *Mayor and City Manager ex- officio members. The Mayor and City Manager shall be ex- officio members, without voting privileges, of all boards and commissions. • A. Limit contact with Board and Commission members to questions of clarification Council members shall not contact a Board or Commission member to lobby on behalf of an individual, business, or developer. Council members may contact Board or Commission members in order to clarify a position taken by the Board or Commission or a member of that Board or Commission. Council members may respond to inquiries from Board and Commission members. Communications should be for information only. B. If attending a Board or Commission meeting, be careful to only express personal opinions Council members may attend any Board or Commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation— especially if it is on behalf of an individual, business or developer —could be viewed as unfairly affecting the process. Except as allowed by the City charter, public comments by a council member at a Board or Commission meeting should be clearly made as individual opinion and not a representation of the feelings of the council. C. Remember that Boards and Commissions serve the community, not individual council members The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the council. However, Board and Commission: members do not report to: individual council members, no should council members feel they have the power or right to threaten Board and Commission members with removal if they disagree about an issue. Appointment and re- appointment to a Board or Commission will be based on such criteria as recommended by the Government Services Committee. D. Be respectful of diverse opinions A primary role of Boards and Commissions is to represent many points of view in the community and to provide the council with advice based on a full spectrum of concerns and perspectives. Council members may have a closer working relationship with some 8 individuals serving on Boards and Commissions, but must be fair and respectful of all citizens serving on Boards and Commissions. E. Keep political support away from public forums Board and Commission members may offer political support to a council member, but not in a public forum while conducting official duties. Conversely, council members may support Board and Commission members who are running for office, but not in an official forum in their capacity as a council member. Section 6 - Council Conduct with the Media A. Expression of Positions on Issue When communicating with the media, council members should clearly differentiate between personal opinions and the official position of the City. All council members represent one vote of seven and until a vote on any issue is taken, council members' positions are merely their own. B. Discussions Regarding Staff Members Council members should not discuss personnel issues or other. matters regarding individual staff members in the media. Any issues pertaining to staff should only be addressed directly to the City. Manager. SECTION 7 — Sanctions & Violations A. Process (1) The first and most important step in this section is the requirement that the offended Council member address . the concern with the offending Council member including a description of the specific action observed, the relationship of that event to the Code and, if applicable, the impact it had on the offended Council member. The purpose of this first step is to assure that an attempt has been made to discuss the issue and resolve the conflict without proceeding further. This step requires no formal action and no involvement of other Council members. (2) Either party may request, and both must agree, to seek a third party who will assist in facilitating the discussion toward a mutually satisfactory conclusion. If any expenses are incurred they will be paid for equally from the district funds of each member engaged in the mediation. (3) If the situation cannot be settled through the process in steps (I) and (2), either Council member may choose to refer the concern to the entire Council for their review. The Council will serve as a committee of the whole for purposes of Code violation and sanction consideration. 9 (4) To present the concern to the Council, the offended member must advise the offending Council member that the issue will be taken to the Council and subsequently ask the City Manager to post the issue for the earliest upcoming executive session. All laws pertaining to executive session will apply. Included in those rules is the option for the offending Council member to exercise their right to request that the discussion be held in an open hearing. The City Attorney's Office will prepare notice to the Council member or Council members that are to be discussed in executive session as required by law. (5) The Council will discuss the issue in order to: (a) become fully informed; (b) determine if there appears to be a violation of the Code of Conduct; (c) seek resolution without further action or, if necessary schedule the issue for an upcoming public hearing for final determination regarding whether a violation occurred and if necessary; (d) determine what sanction is most appropriate; customarily, sanctions are limited to a letter of reprimand or censure. (6) A 2/3 vote of the Council at a regular council meeting will be required for a determination that a violation has occurred and likewise, a 2/3 vote for the sanction to be imposed. (7) If a sanction is imposed, the language will follow a specific format to be established by the Council and used consistently as such situations occur. B. Effects of Violations The Code of Conduct alone does not provide a basis for challenging the validity of any final enactment, resolution, decision, determination, or recommendation of the council, a board or a commission. 10 PERSONAL CODE OF CONDUCT/ETHICS FOR THE CITY OF FIREBAUGH PREAMBLE The residents and businesses of City of Firebaugh are entitled to have fair, ethic and accountable local government. Such a government requires that public officials: • Comply with both the letter and the spirit of the laws and policies affective operations of the government. • Be independent, impartial and fair in their judgment and actions. • Use their public office for the public good, not for personal gain. • Conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility. To this end, the City of Firebaugh City Council has adopted this Code of Ethics to encourage public confidence in the integrity of local government and its fair an effective operation. Elected and Appointed officials shall sign this personal code of conduct at time of their election to office. City Staff and Volunteers shall sign this personal code of conduct at time of employment. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their principal concern, everyone shall work for the common good of the personal code of the City of Firebaugh and not for any private or personal interest, and they will endeavor to treat all persons, claims and transactions in fair an equitable manner. 2. Comply with the Law Everyone shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the City of Firebaugh General City, laws pertaining to conduct of interest, election campaigns, financial disclosures, employer responsibilities and open processes of government; and City ordinance and policies. 3. Conduct of Members Everyone shall refrain from abusive conduct, verbal attacks upon the character or motives of other members of the City Council, boards, commissions, committees, staff or the public. 4. Respect for Process Duties shall be performed in accordance with the processes and rules of order established by the City Council. 5. Conduct of Public Meetings Everyone shall inform themselves of public issues, listen attentively to public discussions before the body and focus on the business at hand. 6. Decisions Based on Merit Shall be based upon the merits and substance of the matter at hand. 7. Communication It is the responsibility of .everyone to publicly share substantive information that is relevant to a matter under consideration that they received from sources outside of the public decision- making processes. 8. Disclosure of Corruption Everyone shall take an oath upon assuming office, pledging to uphold the constitution and laws of the City, the State and the Federal government. As part of this oath, officials commit to disclosing to the appropriate authorities and/or to the City Council any behavior or action that may qualify as corruption, abuse, fraud, bribery or other violators the law. 9. Conflict of Interest In order to assure their independence and impartiality on behalf of the public good, everyone shall not use their official positions to influence government decisions in which they have a financial interest where they have an organizational responsibility or a personal relationship that would present a conflict of interest under applicable State law. 10. Gifts, and Favors Everyone shall not take advantage of services or opportunities personal gain by virtue of their public offices that are not available to the public in general. They shall refrain from accepting gifts, favors or promises of future benefits that might compromise their independence judgment or action or give the appearance of being compromised. 11. Confidential Information Everyone shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the City. They sha 11 neither disclose confidential information without proper legal authorization nor use such information to advance their person's fmancial or private interests. 12. Representation of Private Interests In keeping with their role as stewards of the public trust, everyone shall not appear on behalf of the private interests of a third -party before the City Council or any board, commission or committee or proceeding the City. 13. Advocacy To the best of their ability, everyone shall represent the official policies and positions of the City Council. When presenting their personal opinions or positions, members shall explicitly state that they do not represent the Council or the City. 16. Improper Influence Everyone shall refrain from using their position to improperly influence the deliberations or decisions of City staff, boards, commission or committees. 17. Policy Role of Members Everyone shall respect and adhere to the Council- Manager structure of the City of Firebaugh City Government as provided in State law the General City. 18. Positive Work Environment Everyone shall support the maintenance of a positive and constructive environment for residents, businesses and City employees. 19. Implementation Ethics standards shall be included in the regular orientations for Staff and Volunteers. All members shall sign a statement affirming they read and understand the City of Firebaugh City Council Code of Ethics. 20. Compliance and Enforcement Everyone has the primary responsibility to assure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of City government This personal code of conduct shall be considered to be a summary of ethical conduct by Firebaugh Staff and Volunteers. I affirm that I have read and understand the City of Firebaugh City Council Personal Code of Conduct. I acknowledge that I may be removed from my appointed office or volunteer position by the City Council if my conduct falls below these ethical standards. Signature Date • C I T Y O F Ciali))1 ) CODE OF CONDUCT FOR ELECTED AND APPOINTED OFFICIALS The citizens and businesses of Crestwood are entitled to have a fair, ethical and accountable local government, which has earned the public's full confidence for integrity. In keeping with the City of Crestwood commitment to excellence, the effective functioning of democratic government therefore requires that: ? Public Officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government. ? Public Officials be independent, impartial and fair in their judgments and actions. ? Public Office be used for the public good, not for personal gain. ? Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. To this end, the Crestwood Board of Aldermen has adopted a Code of Conduct for the Mayor, members of the Board of Aldermen, and for the members of the City's Boards and Commissions to assure public confidence in the integrity of local government and its effective and fair operation. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, officials will work for the common good of the people of Crestwood and not for any private or personal interest and they will assure fair and equal treatment of all persons, claims and transactions coming before the Crestwood Board of Aldermen, Boards and Commissions. Comply with the Law Officials shall comply with the laws of the nation, the State of Missouri and the City of Crestwood in the performance of their public duties. These laws include, but are not limited to: the United States and Missouri Constitutions; Missouri State laws; Crestwood Charter and Code of Ordinances; laws pertaining to conflicts of interest, election campaigns, financial disclosures; open meetings and records laws and policies, and any other policies of the City. Conduct of Officials The professional and personal conduct of officials must be above reproach and avoid even the appearance of impropriety. Officials shall refrain from abusive conduct, personal chargps or verbal attacks upon the character or motives of the Mayor, any members of the Board Aldermen, members of Boards and Commissions, the staff or public. Code of Conduct Page 2 Respect for Process Officials shall perform their duties in accordance with the processes and rules of order established by the Board. of Aldermen and Boards and Commissions governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the Board of Aldermen by City Staff. Conduct of Public Meetings Officials shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings. Decisions based on Merit Officials shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. Communication Officials shall publicly share substantive information that is relevant to a matter under consideration by the Board of Aldermen or Boards or Commissions, which they may have received from sources outside of the public decision - making process. Conflict of Interest In order to assure their independence and impartiality on behalf of the common good, officials shall not use their official positions to influence government decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship, which may give the appearance of a conflict of interest. In accordance with the law, members shall disclose investments, interests in real property; sources of income and gifts. Members shall abstain from participating in deliberations and decision - making where conflicts may exist. Gifts and Favors Officials shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office, that are not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised. 7/20/2007 Code of Conduct Page 3 Confidential Information Officials shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. Use of Public Resources Officials shall not use public resources not available to the public in general, such as City Staff time, equipment, supplies or facilities for private gain or personal purposes. Representation of Private interests In keeping with their role as stewards of the public interest, the Mayor and Board of Aldermen shall not appear on behalf of the private interests of third parties before the Aldermen or any Board, Commission or proceeding of the City; nor shall Officials of Boards and Commissions appear before their own bodies or before the Mayor and Board of Aldermen on behalf of the private interests of third parties on matters related to the areas of service of their bodies. Advocacy Officials shall represent the official policies or positions of the Board of Aldermen and Boards or Commissions to, the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, officials shall explicitly state they do not represent their body or the City of Crestwood, nor will they allow the inference that they do. Policy Role of Officials Officials shall respect and adhere to the Charter for the City of Crestwood. The Board of Aldermen determines the policies of the City with the advice, information and analysis provided by the public, Boards, Commissions and City Staff. Officials shall not interfere with the administrative functions of the City or the professional duties of City Staff; nor shall they impair the ability of staff to implement policy decisions made by the Board of Aldermen. Independence of Boards and Commissions Because of the value of the independent advice of Boards and Commissions to the public decision-making process, the Mayor and Board of Aldermen shall refrain from using their position to unduly influence the deliberations or outcomes of Board and Commission proceeding(s). 7/20/2007 Code of Conduct Page 4 Positive Work Place Environment Officials shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Officials shall recognize, their special role in dealings with City employees to, in no way, create the perception of inappropriate direction to staff. Implementation As an expression of the standards of conduct for officials expected by the City, the Crestwood Code of Conduct is intended to be self - enforcing. It therefore becomes most effective when officials are thoroughly familiar with it and embrace its provisions. For this reason, ethical standards shall be included in any orientation for newly elected and appointed officials. Officials entering office (or in office or serving on a Board or Commission at the time this code of conduct is adopted) shall sign a statement affirming they read and understood the City of Crestwood Code of Conduct. In addition, the Code of Conduct shall be annually reviewed by the Mayor and Board of Aldermen and updated as necessary. Compliance and Enforcement The Crestwood Code of Conduct expresses standards of ethical conduct expected for the Mayor of Crestwood as well as members of the Crestwood Board of Aldermen and Boards and Commissions. Officials themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The Chairs of Boards and Commissions and the Mayor have the additional responsibility to intervene when actions of Officials that appear to be in violation of the Code of Conduct are brought to their attention. The Board of Aldermen may impose sanctions on Officials whose conduct does not comply with the City's ethical standards, such as reprimand, formal censure, loss of seniority or committee assignment. A violation of this Code of Conduct shall not be considered a basis for challenging the validity of any Board of Aldermen or Board or Commission decision. Nothing in this Code of Conduct should be construed as superseding or supplanting the City's Charter, Code of Ordinance or any Missouri State laws pertaining to conflicts of interest or ethical conduct. 7/20/2007 Code of Conduct Page 5 OFFICIAL 'S STATEMENT As the Mayor of Crestwood, member of the Crestwood Board of Aldermen, or of a Crestwood Board or Commission, I agree to uphold the Code of Conduct for elected and appointed officials adopted by the City and conduct myself by the following model of excellence. I will: Recognize the worth of all officials and appreciate their individual talents, perspectives and contributions. I will help create an atmosphere of respect and civility wherein officials, City Staff and the public are free to express their ideas and work to their full potential. I will conduct my personal and public affairs with honesty, integrity, fairness and respect for others. I will respect the dignity and privacy of individuals and organizations. I will keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit. I will avoid and discourage conduct, which is divisive or harmful to the best interests of Crestwood. I will treat all people, with whom I come in contact, in the way I wish to be treated. I affirm that I have read and understand the City of Crestwood Code of Conduct. Signature Date Name of Office 7/20/2007 TUALATIN VALLEY FIRE AND RESCUE STANDARD OPERATING GUIDELINE NUMBER 8.7.13 Approved: 09/30/05 SUBJECT: CODE OF ETHICS AND CONDUCT PURPOSE: To establish policy guidelines pertaining to employee and volunteer behavior and conduct relating to public official ethics. POLICY: In accordance with Chapter 244 of the Oregon Revised Statutes (ORS) regarding government standards and practices, the following serves as a guideline regarding the ethical conduct of District members. Further, recognizing that a) the behavior of public officials is monitored closely by citizens; b) firefighters and those affiliated with the firefighting profession are generally held in high public regard; and c) in the course of performing their daily job duties, firefighters and those affiliated with the firefighting profession are often provided open access to people's homes, property, and bodies at vulnerable times, the District expects that members shall conduct themselves, both on and off duty, in a manner which shall not bring discredit to the member or the District. AUTHORITY & RESPONSIBILITY: The interpretation and administration of this policy shall primarily be the responsibility of the Executive Officer and the Human Resources Department. All members are expected to comply with the guidelines set forth herein. All supervisors are responsible to ensure that the conduct, actions, and behavior of themselves and their reports fall within the guidelines set forth in this policy. Members, having questions regarding.the interpretation and/or application of this policy should direct such questions to the Executive Officer, followed by the Director of Human Resources POLICY Definitions A. Conflict of Interest: Any action, decision, or recommendation by a member acting as an agent of the District which results in personal benefit or avoidance of any personal detriment for the member, his/her relatives, or any business with which the member or a relative of the member is associated. B. Business with which the person .is associated: Any private business or closely held corporation of which the member or the member's relative is a director, officer, owner or employee, or agent in which the person or his/her relative owns or has owned stock worth $1,000 ($100,000 in a publicly held corporation) or more at any point in the preceding calendar year. C. Honoraria: Payment or something of economic value given in exchange for services upon which custom or propriety prevents the setting of a price. Examples SOG 8.7.13 Approved: 09/30/05 Page 2 of 6 may include speeches or other services rendered in connection with an event at which the member appears in an official capacity. Consideration agreed upon in advance is not honoraria. D. Gift: Something of economic value given to a District member or member's relative without consideration of equivalent value. Gifts include the full or partial forgiveness of indebtedness, which is not extended to others who are not District members on the same terms and conditions. Gifts in this definition do not include: 1. Campaign contributions. 2. Gifts having a value of $25 or less oran aggregate value of $50 or less from any single source in any calendar year. No gifts, however, may be accepted when the purpose of the gift is to entice business from the member or the District. 3. Gifts from family members. 4. Per Diem given in consideration of anticipated expenses when participating in an event which bears relationship to the individual's position and when appearing in an official capacity, subject to the reporting requirements listed within this policy. 5. Honoraria given in consideration of services provided while off -duty. 6. Giving or receiving of food or beverage if it is consumed by the individual in the presence of the purchaser or provider thereof. An exception is made in cases where food or beverage is consumed at the work site. 7. Entertainment experienced in the presence of the purchaser or provider when the value of the entertainment does not exceed $100 per person in any single calendar year. E. Relatives: spouse or children, parent or sibling of the public official and/or spouse, or as defined in ORS 244.020(16). F. On -duty: Time for which the employee is receiving compensation from the District. For purposes of this SOG, this may also include uncompensated time during which the employee is in District uniform. G. Off -duty: Time for which the employee is not receiving compensation from the District. SOG 8.7.13 Approved: 09/30/05 Page 3 of 6 II. As public officials, all District members are expected to comply with the Code of Ethics as outlined within ORS 244.040. Specifically, employees shall adhere to the following: A. No member shall use or attempt to use his/her position to obtain financial gain or avoidance of financial detriment for the member or the member's relative that would not otherwise be available but for the member's position, other than salary, honoraria, reimbursement of expenses, etc., as otherwise allowed. Examples of such may include, but not be limited to, the following: 1. Use ofDistrict owned property: Except as provided in SOGs 1.8.3 Use of District Electronic and Communication Devices, 1.15 Internet Usage and Access ,.. 8.8.5 Use of District Owned Property, and 8.8.13 Staff Vehicle Acquisition, Assignment and Use, any personal use of District owned property is prohibited. 2. District personnel resources: Use of District personnel resources to conduct personal or non-job-related functions is prohibited. 3. Use of -work time: The time during which a member works and for which the member is paid should be dedicated to work - related activities. Except where duly and appropriately authorized, all time should be directed toward performing job- related responsibilities during working hours. B. Honoraria: Members shall be eligible to receive honoraria for duties performed off -duty, for other agencies and organizations within state guidelines. Examples may include honoraria for invitations to speak at functions when the invitation is based on the employee's position with the District. C. Gifts: Members shall not accept, either directly or indirectly, any gift or gifts except as provided in section I.D. above. D. Confidential Information: A member shall not attempt to further his or her personal gain (or that of a relative or other member of household) by using confidential information gathered by reason of the member's position with the District. III. Chief's "Bull's -Eye" All District: members are expected to act in a manner reflecting the values depicted within the Chief's "Bull's Eye." Specifically, members shall adhere to the following: A. Professionalism: Demonstration of competence, respect, and concern for the customers members come in contact with. On the District's Internet website, it is identified as "Comportment — looking like professionals and displaying conduct SOG 8.7.13 Approved: 09/30/05 Page 4 of 6 that brings credit to the organization and the fire service while on -duty and off - duty." B. Customer Service: Described on the District's Internet website as "Whether it's a true emergency incident or a situation where a citizen has simply exhausted his/her resources, members should exceed the expectations of every citizen with whom they come in contact." C. Safety and Performance: Described on the District's Internet website as "Safety is a top priority a Tualatin Valley Fire & Rescue - everyone who comes to work goes home from work! A safe work environment only occurs where the highest levels of competency and craftsmanship exist. Our customers deserve the highest standards of performance and reliability since we are their only choice when the call 911." IV. Board Policy Section -4.2 - Member Conduct And Responsibility A. Members are expected to abide by the Board of Directors' Policy which states, in part: 1. Use time during working hours, and time on authorized leave, for the purposes intended. 2. Maintain relationships with the community and not use such relationships for private advantage. 3. Make every effort to avoid off -duty behavior which will negatively affect public perception of the organization. 4. Distinguish between personal views and those of the District to avoid misrepresentation of the District. 5. Perform in accordance with the member's current job description and directives from supervisory authority and to achieve performance goals. 6. Refrain from disseminating or disclosing confidential, proprietary, or sensitive information received in the course of duty. 7. Refrain from any use of drugs or alcohol which may impair performance during the workday, operating under provisions detailed in the District's Substance Abuse policy. V. Specific Expectations On -Duty A. Fully comply with all SOGs and other work rules. SOG 8.7.13 Approved: 09/30/05 Page 5 of 6 B. Perform to the full extent of the Chief's Bull's -Eye. C. Present yourself with honesty and integrity in all your actions. D. Utilize the "straight face" test prior to engaging in questionable behavior — consider how your actions may reflect on the members involved and the District. VI. Specific Expectations Off -Duty A. Adhere to all regulations and laws B. While off -duty but in uniform (e.g., in transit to a public education or recruiting event, while'traveling to and from work, etc.) members conduct should be at the same standard as if s/he was on -duty. Additionally, no purchase or consumption of alcohol while in uniform is allowed. C. Consider whether the behavior could effect the public's perception of the District, or if the public trust would be impacted. VII. Reporting Requirements A. Conflict of Interest: In any case where the, member has an economic interest that may create a conflict of interest in their employment with the District, or where a relative or member of the household may possess such an interest, the member shall report such information to the Executive Officer or, in the case of the Fire Chief to the President of the Board of Directors. B. Gifts: In any 'situation where the member received a gift and the value or circumstances were beyond the limitations described in I.D. above. C. Honoraria: All honoraria received as a result of performing a function as a result of the member's position with the District should be reported to the Chief Financial Officer. VIII. Ethics Code Enforcement The District trusts its members to understand and abide by this policy in both letter and spirit. Members are expected to act responsibly and ethically in their relations, interactions, and the way they conduct business. Members are expected to abide by the elements of this policy and all related state regulations as they pertain to ethical conduct of public. officials. In, cases where members are found to violate this policy, appropriate action shall be taken to ensure compliance. Appropriate corrective action shall be taken as a result and remedies' shall be enacted to address all violations and conflicts of interest. In cases of SOG 8.7.13 Approved: 09/30/05 Page 6 of 6 gross misconduct or willful violation of this policy, members shall be subject to corrective action (as per SOG 8.7.10) up to and including termination of employment or affiliation. APPROVED JEFFREY D. JOHNSON FIRE CHIEF AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: July 13, 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 City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be .included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. , J •syY a� tl (DA E OF MEETING) CITIZEN COMMUNICATION 7:33:57 PM 2. CITIZEN COMMUNICATION — July 13, 2010 • Citizen Communication — Sign Up Sheet Ronald Blodgett, 13754 SW Benchview Place, asked the City Council to reconsider closing the City facility room rentals for the public. Mayor Dirksen acknowledged this was reviewed during the budget process. Staff had considered several options to determine how this could function without it being a cost to the City. Mr. Blodgett indicated he outlined some ideas he had regarding the room rentals and he has talked with staff. Council consensus was for staff to revisit the issue for renting the rooms to the public and to review the suggestions made by Mr. Blodgett. Councilor Webb asked staff to determine what the actual charges would have to be for the rooms to recover costs. City Manager Prosser advised staff had reviewed the costs, which included a portion of the utilities and janitorial services. Public Works Director Koellermeier will provide this information to Mr. Blodgett. Mayor Dirksen asked if staff could review Mr. Blodgett's idea that the reason the costs were so high was because there were a lot of staff involved and that there might be a more efficient way to do this. Mr. Blodgett said there are no additional costs for the rooms whether they are closed or open. Councilor Webb pointed out there is a need for extra janitorial service, staff checking room users in and out, etc. Mayor Dirksen agreed there are costs associated with renting the rooms; however, perhaps there is a way cut costs. 1: \ADM \CATHY \CCM \citizen communication follow up \citizen COM 100713.docx AIS -87 Item #: 3. 1. Business Meeting Date: 07 /13/2010 Length (in minutes): Consent Item Agenda Title: Receive and File - Council Calendar Prepared By: Carol Krager, Administration Item Type: Receive and File Meeting Type: Consent - Receive and File Information ISSUE Receive and file only. See attachments. STAFF RECOMMENDATION / ACTION REQUEST KEY FACTS AND INFORMATION SUMMARY OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER. PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Attachments Council Calendar Tentative Agenda Agenda Item No. !All le For Agenda of July 13.2010 II MEMORANDUM T I GARD TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Three -Month Council Meeting Calendar DATE: July 13, 2010 Regularly scheduled Council meetings are marked with an asterisk ( *). 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 - CANCELLED September 14* Tuesday Council Business Meeting — 6:30 pm, Town Hall 21 * Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 28* Tuesday Council Business Meeting — 6:30 pm, Town Hall I: \ADM \City Council \Council Calendar \3 -month calendar for c mtg 100713.doc City Council Tentative Agenda 7/6/2010 4:59 PM Form Submitted Meeting Title Inbox or # By Date Type Area SubArea Department Division Entered Finalized 68 Cathy 07/20/2010 AAA Meeting Date: July 20, 2010 I Absences to Administration 06/23/2010 Wheatley Note: None I Location: Tigard City Hall 12 Cathy 07/20/2010 CCWKSHOP 20 Minutes - Review Council Groundrules City Council Administrative City 06/15/2010 C Wheatley, City Wheatley Workshop Services Recorder /Records Recorder 21 Darren 07/20/2010 CCWKSHOP 60 Minutes - Joint Meeting with Planning City Council Community Long Range 06/17/2010 D Wyss, Senior Wyss Commission - Tree Grove Inventory Discussion Workshop Development Planning Planner 26 Kathy 07/20/2010 CCWKSHOP60 Minutes - Water Rate Consultant City Council Public Works Water 06/18/2010 C Prosser, City Mollusky Presentation on Water Rate Study and SDC Workshop Manager Findings 56 Liz Lutz 07/20/2010 CCWKSHOP 20 Minutes - Budget Committee Meeting City Council Financial and Finance 06/23/2010 T LaFrance, Workshop Information Administration Fin /Info Svcs Services Director I Total Time: 160 of 180 minutes have been scheduled I I i I 69 Cathy 07/27/2010 AAA Meeting Date: July 27, 2010 I Absences to !Administration 06/23/2010 Wheatley Note: None I Location: Tigard City Hall , I i 28 Kathy 07/27/2010 ACCSTUDY 10 Minutes - Discussion Regarding Park Bond Study Public Works Parks 06/18/2010 K Mollusky, Conf Mollusky Resolution Session Exec Asst 78 Kim 07/27/2010 ACCSTUDY 10 Minutes - Resolution of Necessity for Main Study Public Works 06/24/2010 K McMillan, McMillan Street Green Street Improvements Session Engineering Manager 79 Cheryl 07/27/2010 ACCSTUDY 25 Minutes - Internal RTS - Executive Session - Study Community Development 06/28/2010 C Wheatley, City Caines Potential Litigation (Fields Property-Wall St.) Session Development Services Recorder 45 of 4:. peen sct V I I I I 8 Sean 07/27/2010 ACONSENT Consent Item - Amend 2010 -11 Fee Schedule Community Community 06/14/2010 S Farrelly, Redev Farrelly to Include a Temporary Use Special Rate for Development Development Project Manager Businesses in the MU -CBD Zone Administration 19 Mike 07/27/2010 ACONSENT Consent Item - Award Contract for Pavement Public Works 06/17/2010 C Prosser, City McCarthy Management Program Slurry Seal Manager 1 City Council Tentative Agenda 7/6/2010 4:59 PM • 23 Kathy 07/27/2010 ACONSENT Consent Item - Authorize the Mayor to Sign the Public Works Engrg - Const Svcs 06/18/2010 K McMillan, Mollusky Dedication and Easement Documents Needed & Support Engineering for the Burnham Street Reconstruction Project Manager 24 Kathy 07/27/2010 ACONSENT Consent Item - Approve IGA Amendment with Public Works Engrg - Const Svcs 06/18/2010 C Krager, Deputy Mollusky Washington County and ODOT to Record & Support City Recorder Revised Funding of the Pacific Hwy /Hall Blvd Project 31 Kathy 07/27/2010 ACONSENT Consent Item - Approve Memorandum of Public Works Engrg - Const Svcs 06/18/2010 K McMillan, Mollusky Understanding between Metro and Tigard for & Support Engineering Washington Square Regional Center Trail Manager 32 Mike 07/27/2010 ACONSENT Consent Item - Intergovernmental Agreement Public Works 06/18/2010 C Krager, Deputy McCarthy with ODOT for Study of Potential Improvements City Recorder to the Pacifc Hwy 99W / Gaarde St / McDonald St Intersection 18 Susan 07/27/2010 CCBSNS 30 Minutes - Receive Update and Provide Discussion Community Community 06/17/2010 S Hartnett, Asst Hartnett Feedback on Revisions to Code Compliance or Action Development Development CD Director Program Item Administration 25 Kathy 07/27/2010 CCBSNS 15 Minutes - Consider an Ordinance Updating Discussion Public Works Parks 06/18/2010 D Koellermeier, Mollusky TMC 9.04 Park Facility Reservations, General or Action Public Works Dir Provisions and a Resolution Adopting the Parks Item Policies and Procedures 29 Kathy 07/27/2010 CCBSNS 15 Minutes - Consider Resolution for Ballot Discussion Public Works Parks 06/18/2010 K Mollusky, Conf Mollusky Measure Regarding the Park Bond or Action Exec Asst Item 52 John 07/27/2010 CCBSNS 30 Minutes - Consider Adoption of Revised Discussion Community Long Range 06/22/2010 R Bunch, CD Floyd Findings for the Urban Forestry Comprehensive or Action Development Planning Director Plan Amendment CPA2008 -00002 Item 55 Cheryl 07/27/2010 CCBSNS 15 Minutes - Public Hearing to consider Discussion Community Development 06/23/2010 C Caines, Assoc Caines annextion of property owned by Japanese or Action Development Services Planner International Baptist Church ZCA2010 -00001 Item 61 Joanne 07/27/2010 CCBSNS 5 Minutes - 2nd Quarter Council Goal Update Discussion Administration City Mgr /Asst City 06/23/2010 ) Bengtson, Exec Bengtson or Action Mgr /Admin Staff Asst to City Mgr Item City Council Tentative Agenda 7/6/2010 4:59 PM 81 andy 07/27/2010 CCBSNS 0 Minutes - Executive Session - City Manager Executive Administration 06/29/2010 C Wheatley, City odrow iew Session Recorder [he: 140 of II II II 70 Cathy 08/10/2010 AAA Meeting Date: August 10, 2010 I Absences to Administration . 06/23/2010 Wheatley Note: None I Location: Tigard City Hall I I 36 Kathy 08/10/2010 ACCSTUDY 15 Minutes - Presentation of the Sanitary Sewer Study Public Works 1Water 06/21/2010 K Mollusky, Conf Mollusky Master Plan Session I Exec Asst 37 Kathy 08/10/2010 ACCSTUDY 15 Minutes - Presentation of the Water System Study Public Works Water 06/21/2010 K Mollusky, Conf Mollusky Master Plan Session Exec Asst ri ctal Time: 30 of 45 m', ,_s have been _ - II II 1 I 48 Kathy 08/10/2010 ACONSENT Consent Item - Award Contract for Permit Local Public Works Facilities 06/22/2010 K Mollusky, Conf Mollusky Center Roof Contract Exec Asst Review Board 49 Kathy 08/10/2010 ACONSENT Consent Item - Award Contract for Structural Local Public Works Facilities 06/22/2010 K Mollusky, Conf Mollusky Repairs of the Fanno Creek House Contract Exec Asst Review Board 50 Mike 08/10/2010 ACONSENT Consent Item - Award Contract for Pavement Public Works Engrg - System 06/22/2010 D Koellermeier, McCarthy Management Program Pavement Overlays Design & Operations Public Works Dir 80 Alison 08/10/2010 ACONSENT Consent Item - Appointment of Library Board Library 06/28/2010 M Barnes, Grimes Member Library Director 40 Kathy 08/10/2010 CCBSNS 15 Minutes - Burnham Street and CIP Project Discussion Public Works Engrg - Const Svcs 06/21/2010 K Mollusky, Conf Mollusky Reports or Action & Support Exec Asst Item 41 Kathy 08/10/2010 CCBSNS 15 Minutes - Pass a Resolution Authorizing the Discussion Public Works Water 06/21/2010 K Mollusky, Conf Mollusky Mayor to Sign the IGA between Tigard and or Action Exec Asst Sherwood for Joint Funding of the Water Supply Item Improvements 3 City Council Tentative Agenda 7/6/2010 4:59 PM 47 Kathy 08/10/2010 CCBSNS 10 Minutes - Consider Amendment to Master Discussion Public Works Water 06/21/2010 K Mollusky, Conf Mollusky Fee Resolution to Amend Water Fees & or Action Exec Asst Charges Item Total Time: 40 of 110 minutes have been scheduled I I 71 Cathy 08/17/2010 AAA Meeting Date: August 17, 2010 I Absences to Administration 06/23/2010 Wheatley _ I Note: None I Location: Tigard City Hall 7 Julia /17/2010 CCWKSHOP 30 Minutes - Photo Enforcement and Red Light City Council Police 06/14/2010 T LaFrance, Wade Camera Options for Traffic Safety Workshop Fin /Info Svcs Director 16 Judith 08/17/2010 CCWKSHOP 30 Minutes - Regional Transportation Planning City Council Community Long Range 06/17/2010 3 Gray, Sr Gray Update -- Progress Report on Activities Related Workshop Development Planning Transportation to High Capacity Transit Planner 42 Kathy 08/17/2010 CCWKSHOP 30 Minutes - Discuss Updating TMC 12 Water City Council Public Works Water 06/21/2010 K Mollusky, Conf Mollusky and Sewer, and Corresponding Policies and Workshop Exec Asst Procedures 51 Darren 08/17/2010 CCWKSHOP 30 Minutes - Receive Comprehensive Plan City Council Community Long Range 06/22/2010 D Wyss, Senior Wyss Periodic Review Update Workshop Development Planning Planner 53 John 08/17/2010 CCWKSHOP 15 Minutes - Review and discusss proposed Use City Council Community Long Range 06/22/2010 R Bunch, CD Floyd Classification Development Code Amendment Workshop Development Planning Director (DCA2010- 00004) 58 Loreen 08/17/2010 CCWKSHOP 30 Minutes - Engineering Performance Review City Council Administration Assistant to City 06/23/2010 1 Mills, Asst to Mills Update Workshop Manager /Risk Mgmt. City Manager 59 Kent 08/17/2010 CCWKSHOP 15 Minutes - Review and Discuss Draft Code of City Council Administration Assistant to City 06/23/2010 1 Mills, Asst to Wyatt onduct for Elected Officials and Appointed Workshop Manager /Risk Mgmt. City Manager rd /Committee/Commission Members I IlTotal Time: 180 of 1 - i ' - ve been scheduler' II I 72 Cathy 08/24/2010 AAA Meeting Date: August 24, 2010 MEETING Administration 06/23/2010 Wheatley CANCELLED! 4 City Council Tentative Agenda 7/6/2010 4:59 PM 73 Cathy 09/14/2010 AAA Meeting Date: September 14, 2010 I Absences to Note: (Administration 06/23/2010 Wheatley None I Location: Tigard City Hall 38 Kathy 09/14/2010 ACONSENT Consent Item - Approve Water System Master Plan - Public Works Water 06/21/2010 K Mollusky, Conf Mollusky Resolution Exec Asst 39 Kathy 09/14/2010 ACONSENT Consent Item - Approve Sanitary Sewer Master Plan - Public Works Water 06/21/2010 K Mollusky, Conf Mollusky Resolution I Exec Asst I I 43 Kathy 09/14/2010 CCBSNS 15 Minutes - Consider an Ordinance Updating TMC 12, Discussion or 'Public Works Water 06/21/2010 K Mollusky, Conf Mollusky Water and Sewers Action Item Exec Asst 44 Kathy 09/14/2010 CCBSNS 15 Minutes - Burnham Street and CIP Project Reports Discussion or Public Works Engrg - Const 06/21/2010 K Mollusky, Conf Mollusky Action Item Svcs & Support Exec Asst 54 John Floyd 09/14/2010 CCBSNS 45 Minutes - Public Hearing to consider adoption of Use Discussion or Community Long Range 06/22/2010 R Bunch, CD Classification Development Code Amendment Action Item Development Planning Director (DCA2010- 00004) 60 Kent Wyatt 09/14/2010 CCBSNS 20 Minutes - Proposed Code of Conduct for Elected and Discussion or Administration 06/23/2010 L Mills, Asst to _ Appointed Officials Action Item City Manager 1 63 Joanne 09/14/2010 CCBSNS 5 Minutes - Proclaim September 2010 National Alcohol & Proclamations Administration 06/23/2010 06/24/2010 Bengtson Drug Addiction Recovery Month Total Time: 100 of 110 minutes have been scheduled if II I 1 7 Cath 09/21/2010 AAA Meeting Date: September 21, 2010 I Absences to Note: Administration 06/24/2010 Wheatley None I Location: Tigard City Hall I I �45�Kathy 09/21/2010 CCWKSHOP 30 Minutes - Water Rate Consultant Final City Council (Public Works (Water 06/21/2010 K Mollusky, Conf Moliusky Recommendations on SDC Update Workshop I Exec Asst 46 Kathy 09/21/2010 CCWKSHOP 60 Minutes - Water Rate Consultant's Final City Council Public Works ater 06/21/2010 K Mollusky, Conf Mollusky Recommendations on Water Rate Study Workshop I Exec Asst 83 Darren 09/21/2010 CCWKSHOP 60 Minutes - Tigard 2035 TSP Workshop (CPA2010- City Council 'Community Long Range 06/29/2010 R Bunch, CD Wyss 00001) Workshop Development Planning Director I Total Time: 150 of 180 minutes have been scheduled I I S City Council Tentative Agenda 7/6/2010 4:59 PM 75 Cathy 09/28/2010 AAA Meeting Date: September 28, 2010 ( Absences to Note: None I 'Administration 06/24/2010 Wheatley Location: Tigard City Hall 15 Cheryl 09/28/2010 CCBSNS 60 Minutes - Consider a proposed Comprehensive Plan Amendment and Consent Community Development 06/16/2010 C Caines, Caines Sensitive Lands Review to extend Wall Street across Fanno Creek to the Agenda Development Services Assoc Fred Fields property. Planner r=,, it U U it iU U U ■ Total Time: 60 of 110 minutes have been scheduled () AIS -20 Item #: 3. 2. Business Meeting Date: 07/13/2010 Length. (in minutes): Consent Item Agenda Title: Approve Workers' Compensation Insurance for Volunteers - Resolution Prepared By: Loreen Mills, Administration Item Type: Motion Requested Meeting Type: Consent Agenda Information ISSUE Should the City continue to provide Workers' Compensation Insurance for volunteers to protect them if they are injured during their volunteer work time? STAFF RECOMMENDATION / ACTION REQUEST Approve resolution to provide workers' compensation benefits to City volunteers 7/1/10 through 6/30/11. KEY FACTS AND INFORMATION SUMMARY • Protect City volunteers by providing Workers' Compensation Insurance for them when they volunteer • Workers' Compensation Insurance is less costly and provides more benefits than health insurance • City Council places high value on volunteers and the volunteer program and has provided this coverage for several years to protect volunteers if they are injured during volunteer work • Oregon law requires cities to decide whether Workers' Compensation Insurance will be provided to volunteers (ORS 656.031) • City County Insurance Services requires Council to adopt a resolution to declare the City's intent to provide volunteer workers' comp coverage OTHER ALTERNATIVES • Provide health -care coverage, accidental death & dismemberment insurance or no coverage at all rather than Workers' Compensation Insurance for volunteers. Health & accidental death/dismemberment insurance coverage is more expensive and would provide less coverage for volunteers than Workers' Comp. Not providing any coverage for injuries is not in keeping with Council's past practice. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: $8,600 Budgeted (yes or no): Yes Where Budgeted (department /program): All Dept Additional Fiscal Notes: Workers' Compensation Insurance premiums for volunteers are in the 10 /11 fiscal year budget. This is about $8,600 annually. Attachments Volunteer Coverage Resolution Volunteer Coverage Resolution Exhibit A AIS -86 Item #: 3. 3. Business Meeting Date: 07/13/2010 Length (in, minutes): Consent Item Agenda Title: Revise City Council Member Stipends, Superseding Resolution No. 08 -63 Prepared By: Cathy Wheatley, Administration Item Type: Resolution Meeting Type: Consent Agenda Information ISSUE Consider an amendment to revised the conditions of the stipend for the Mayor to reflect that the annual stipend shall be no more than $42,000 per year. STAFF RECOMMENDATION / ACTION REQUEST Consider the proposed resolution. KEY FACTS AND INFORMATION SUMMARY • On October 14, 2008, the City Council approved Resolution No. 08 -63 establishing City Council member stipends, including a section setting the annual stipend for the Mayor at $42,000 per year, to work on assignments over and above the usual and customary assignments for an average of 20 hours per week during business hours. • The proposed resolution amends Resolution No. 08 -63 to state that the annual stipend shall be no more than $42,000 per year and the assignments will require an average of twenty hours or less. • The proposed resolution also adds a section stating that the stipend may be adjusted downward if approved by the Mayor and Council. OTHER ALTERNATIVES Edit the proposed amendments or add additional amending language to the proposed resolution. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION October 14, 2008 Fiscal Impact Cost: See Notes Budgeted (yes or no): Yes Where Budgeted (department /program): Council Additional Fiscal. Notes: The proposed resolution would make it possible for the Council to reduce the amount of the stipend paid to the Mayor to correspond with reduced hours. Attachments Resolution . AIS -11 Item #: 4. Business Meeting Date: 07/13/2010 Length (in minutes): 10 Minutes Agenda Title: Info PH- Approve Formation of the Sanitary Sewer Reimbursement District No. 48 (Lower Cherry Dr) Prepared By: Kathy Mollusky, Public Works Item Type: Public Hearing - Informational Meeting Type: Select One Information ISSUE Shall City Council approve the formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program? STAFF / ACTION REQUEST Approve, by motion, the attached resolution forming the Reimbursement District. KEY FACTS AND INFORMATION SUMMARY • At its July 24, 2007 meeting, City Council was requested to form a :reimbursement district serving 23 lots along SW Cherry Drive. Following public testimony, City Council approved the Resolution forming the District, removing four of the lots: 7510, 7530, 7550 and 7570 from the district. These four lots, along the lower portion of SW Cherry Drive, were to be served from a line behind the houses constructed through a separate reimbursement district. Council approved the formation. of Reimbursement District No. 44 without these four lots by readopting; Resolution No. 07 -50 on August 28, 2007 following an informational hearing. This proposed reimbursement district would provide sewer service to the four remaining lots along SW Cherry Drive as directed by City Council. • Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. • On May 3, 2010, staff held a neighborhood meeting for owners to review the project procedure, construction schedule, and estimated costs. All four owners were represented,at the meeting. Those attending were generally supportive of the project and recognize the need for sewers. Written comments collected at the meeting from each of the owners are attached. • Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. • If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. • Another resolution to finalize the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS The proposed Reimbursement District meets Goal No.1, "Implement Comprehensive Plan," by furthering Comprehensive Goal 11.3, "Develop and maintain a wastewater collection system that meets the existing and future needs of the community." DATES OF PREVIOUS COUNCIL CONSIDERATION Fiscal Impact Cost: $155,657 Budgeted (yes or no): Yes Where Budgeted (department /program): San. Sewer Additional Fiscal Notes: The estimated cost of the project is $155,657. This amount includes the estimated cost of construction plus an amount for administration and engineering as defined in TMC 13.09.040(1). Funding is by unrestricted sanitary sewer funds. (Budgeted in the Sanitary Sewer Extension Program) Attachments Resolution - District 48 Exhibit A to Resolution Exhibit B to Resolution ' Attachments to Staff Report , a Agenda Item No. 4 Date: July 13, 2010 TESTIMONY SIGN -UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) CONSIDER A RESOLUTION FORMING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 48 - LOWER CHERRY DRIVE ° a y Due to Time Constraints City Council has Imposed a Five- minute Time Limit on Testimony Agenda Item No. 4 Date: July 13, 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. • • Attachment 3 • June 28, 2010 • • I Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, July 13, 2010 AT 7:30 PM • IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 WILL CONSIDER. THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 48 • • (SW Lower Cherry Drive) • The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW Cherry Drive. • I3oth public oral and Witten testimony is invited. • • The public hearing on this matter will be conducted as required by • Section 13:09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 503- 718 -2468 or at www.tigard- or.gov. • i:1eng12009 -2010 ly CipVowar chorry : saneary sewer ex1- ifas key 03048 fib 06771councilVorrneBCnyuly 13, 201017.13 -10 lower cherry dist 48 notice ldoc • • • • • • June 28, 2010 Proposed Sanitary Sewer Reimbursement District No. 48 (SW Lower Cherry Drive) • At this meeting, City Council will: be requested to form a sewer reimbursement district to provide your neighborhood with sewer service as described during the May 3, 2010, neighborhood meeting. There is no requirement to connect to the sewer or pay any fee until connection is made. Each property owner's estimated fair share is summarized in the attached tables. • As discussed at the neighborhood meeting, the amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution No. 01 -46. Please note that this resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,00() plus the amount the fair share exceeds $15,000. Under Resolution No. 03 -55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. In addition, the owner would be required to pay a connection fee, currently $4,135, at the time of connection to the sewer. Also, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other • modifications necessary to connect to the public sewer. • • • I:1en012009 2010 ty cipeower cherry sanitary sewer e#- Iras key 93048 Ole 0677 \councinfonnallon1july 13, 201017.13.10 relm dist 48 leller notice 1.doc • • • Attachment 4 • • 2S101DC01800 CHEMARIN, LISA M.& • SANTORO, JENNIFER L 7510. SW CHERRY DR TIGARD, OR 97223 • 2S101DC01900 HERMANSON, PATRICIA M • 7530`SW•CHERRY DR • TIGARD, OR 97223 • • 2S101DCO2100 • STEWART, MARTIN D & CARLA E 7570 SW CHERRY DR TIGARD, OR 97223 • 2S101DCO2000 WIDMAN, THOMAS G 7550 SW CHERRY DR • TIGARD, OR 97223 • • • • • • • • • • • • A tta chm ent 5 • CITY OF I'ICARD, 'OREGON • RESOLUTION NO. 01- ``t (-e • A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND E+ ST L II ltS NO A REVISED AND ENHANCED NEIGH+ "WOOD SEWER REIMEURSEMLENT DISTRICT INCENTIVE PROGRAM • WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and • WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No 98 -51 to encourage owners to connect to public sewer. The program was offered for a tWo -year period after which the pro would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The. Neighborhood Sewer Reimbursement District Incentive Program an additional two years Resolution No. 00 - 60; and WHEREAS, City Council finds that residential areas that cenain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to ,sewers once service is available and that owners who have paid for service • • provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: • SECTION 1: Resolution No 98 - 51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program, This incentive program shall apply to sewer connections provided • through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must he completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13,09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. • SEC_ TION.3: To the extent that the reimbursement fee determined in accordance with Section [3.091040 does nor exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the • let owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee; which is still payable upon application for • RESOLUTION NO. 01 -`Y [ Page 1 • • • sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the.full reimbursement amount as determined by the • • final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is • entitled to reimbursement from the City. The amounts to be reimbursed and the persons • to be paid shall be determined by the Finance Director and approved by the City • Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all • persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 PASSED: This day of 2001. • • • • • • / / 0 .ayor { City of • • ATTEST: r►�l .'I ' d '.r . it. Recorder - City of ' and . • • I:\CitywidelReA lution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO. 01 - '7(! Page 2 4 • • • • • • • • • • • • TABLE 'I Reimbursement Districts with Refunds Available • DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN STNVYNo.9 4,506 No reimbursement available HILLVIEW' NO.11 8,000 July 11, 2003 106"' & JOHNSON No.12 5,598 No reimbursement available 100 T " & INEZ No.13 8.000 July 11,2003 WALNUT & 8,000 July 11,2003 BEVELAND &HERMOSA No.15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARA No.17 8,000 July 11,2003 WALNUT & 121 No.18 - Amount to be reimbursed will be Throe years from service availability ROSE VISTA No.20 - determined once final costs are determined. • • Currently being constructed • • • • • • Attachment 6 • CITY OF :t'IGA&D, OREGON RESOLUTION NO. 03- 55 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT 1 ISTRICI` INCENTIVE P�" OGRAM (RESOLUTION NO. 01 — 46). 'I-IEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public servers through:Reimbursement Districts in accordance with TMC Chapter 13.09; and 'WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution. No. 01 -46 to encourage owners to connect to public sewer within three -years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large.lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE I RESOLVEID by the Tigard City Council that: SEC 1TON 1: In addition to the incentives provided by Resolution No. 01 -46, any person whose, reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds=$ 15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use'permit. The land use permit shall not be issued until payment of the deftued amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. • SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three -year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed • within one year after the effective date of this resolution. • SECTION 3: Vacant lots improved with a single family home or duplex during the term of the • reimbursement district shall qualify for the provisions of Resolution No. 0146, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions ofResolution No: 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the • RESOLUTION NO. 03- : S • Page I • owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall Cause the agreement to be filed in the office of the County Recorder to provide notice to;potential purchasers of lot. The recording will not create a hen. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons • to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood • Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. • • PASSED: This �`` day of Cx 2003. • • • • • • • t • • ATTEST: Craig E. Dirksen, Council President City Recorder - City of Tigard tlerq'{Irep4ein0ursemern 0. res 0146 ow 26 OTta 14 03 m 6nlo-u -62 .141166n 1u ms 1-16 res.bn • • • • • RESOLUTION NO. 03- 55 Page 2 { • Attachment 7 • CC)]. MEN . S Cfry Cs. Sanitary Se Extension Program CIP2Q09 N aro p or District: No.: Lower cherry Sanitary Sewer Extension Reimbursement District No. 48 • • , . 77 J / ,;(1 Name: Address: Contact Number • COMMENTS Citywide Sanitary Sewer Extension Program C1P2009-00002 Name or District No.: Lower Cherry Sanitary Sewer Extension Reimbursement District No. 48 ( aveS / 9 Ari • • • • H e • Name: Address: Contact Number . 7/ 4 .„ 5 W 1;0 g f3 • C., 0 iiViTMEI.NTS Citywide Sanitary Sewer Ettension Pro Gram C1P2009-00002 N:que, or District No.: Lower Cherry Sanitary Sewer Extension. Reimbursement District No. 48 40 ,1 ,511 . • - • Address: Contact Number • YitA ( ri;16 Z-9 • COMMENTS Citywide Sanitary Sewer Ii.rixterisioti Program • c1P2009-00002 • Name or District No.: Lower Cherry Sanitary Sewer Extension Reimbursement District No. 48 • o Ce,/ • • Name: Address: Contact Number • 57) 18-2.a.41f.7 - 757 0 ,• AIS -13 Item #: 5. Business Meeting. Date: 07/13/2010 Length (in minutes): 15 Minutes Agenda Title: Consider an Ordinance Updating Tigard Municipal Code (TMC) 15.20 Street Maintenance Fee Prepared By: Kathy Mollusky, Public Works Item Type: Ordinance Meeting Type: Council Business Meeting - Main Information ISSUE Shall Council adopt an ordinance updating TMC 15.20 Street Maintenance Fee clarifying vacancy waivers? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council approve the ordinance. KEY FACTS AND INFORMATION SUMMARY • The current Street Maintenance Fee was adopted at the January 5, 2010 Council meeting. • As approved,. Council granted a.vacancy waiver to fully vacant buildings. • Clarification was needed regarding buildings that are only partially vacant. • This amendment to TMC 15.20.070 clarifies Street Maintenance Fee vacancy waiver for partially vacant buildings. OTHER ALTERNATIVES The Council could choose to not adopt the ordinance and staff would continue to operate under the current Tigard Municipal Code. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Fiscal Impact Fiscal Information: The current code allows a property owner to suspend street maintenance fees while their property is vacant. The new code does not change this, but does require that the owner reapply every six months when their property is vacant. The fee can be doubled as a penalty if a property that was reported as vacant becomes occupied without notice to the city. For single occupancy properties, turning off water service would be considered a vacancy request to suspend the street maintenance fee and turning on water service would cause the fee to resume automatically. Both of these refinements to vacancy administration will result in more accurate fee billing. This could result in either an increase or decrease if fees collected, but it will be fair to all fee payers. Tracking vacancies and following up every six months will increase administrative costs. The adopted budget for fiscal year 2011 contains $20,000 for a part time person to maintain the street maintenance fee database and follow -up on vacancies. Attachments SMF Ordinance SMF TMC 15.20 SMF TMC Redlined • TIGARD MUNICIPAL CODE Chapter 15.20 STREET MAINTENANCE (2) Developed property or developed use. A FEE. parcel or legal portion of real property, on which an improvement exists or has been constructed. Sections: Improvement on developed property includes, but is not limited to buildings, parking lots, 15.20.010 Creation and Purpose. landscaping and outside storage. 15.20.020 Definitions. 15.20.030 Administrative Officers (3) Finance Director. The Finance & Designated. Information Services Director or designee. 15.20.040 Street Maintenance Fees Allocated to the Street (4) Residential Property. Property that is Maintenance Fee Fund. used primarily for personal domestic 15.20.050 Determination of Street accommodation, including single family, multi - Maintenance Fee. family residential property and group homes, but 15.20.060 Determination of Amount, not including hotels and motels. Billing and Collection of Fee. 15.20.070 Waiver of Fees in Case of (5) Nonresidential Property. Property that is Vacancy. not primarily used for personal domestic 15.20.080 Administrative Provisions and accommodation. Nonresidential property includes Appeals. industrial, commercial, institutional, hotel and 15.20.090 Administrative Policies. motel, and other nonresidential uses. 15.20.100 Penalty. 15.20.110 Severability. (6) Street Functional Classification. Street classifications as described in the Tigard 15.20.010 Creation and Purpose. Transportation System Plan. A street maintenance fee is created and a. Arterials are defined as streets imposed for the purpose of maintenance of City having regional level connectivity. These streets streets. The street maintenance fee shall be paid link major commercial, residential, industrial and by the responsible party for each occupied unit of institutional areas. real property. The purposes of the street maintenance fee are to charge for the service the b. Collectors are defined by citywide City provides in maintaining public streets and to or district wide connectivity. These streets provide ensure that maintenance occurs in a timely both access and circulation within and between fashion, thereby reducing increased costs that residential and commercial/industrial areas. result when maintenance is deferred. c. Neighborhood routes are defined as 15.20.020 Definitions. streets that provide connections within the neighborhood and between neighborhoods. These As used in this chapter, the following shall streets provide connectivity to collectors or mean: arterials. (I) Public Works Director. The Public d. Local commercial/industrial streets Works Director or the Public Works Director's are those streets within the City that are not designee. designated as arterials or collectors and whose 15 -20 -1 Code Update: 3/10 TIGARD MUNICIPAL CODE primary function is serving traffic to and from (10) Responsible Party. The person or commercial and/or industrial (i.e., nonresidential) persons who by occupancy or contractual uses. arrangement are responsible to pay for utility and other services provided to an occupied unit. e. Local streets are any streets within Unless another party has agreed in writing to pay the City that are not designated as arterials, and a copy of the writing is filed with the City, the collectors; neighborhood routes or identified as person(s) paying the City's water and/or sewer commercial /industrial streets. These streets have bill for an occupied unit shall be deemed the the sole function of providing access to responsible party as to that occupied unit. For any immediately adjacent land. occupied unit not otherwise required to pay a City utility bill, `responsible party" shall mean the (7) Parking Space Requirement. The person or persons legally entitled to occupancy of minimum off -street vehicle parking requirement the occupied unit, unless another responsible party as stated in the Minimum and Maximum Off- has agreed in writing to pay and a copy of the Street Vehicle and Bicycle Parking Requirements writing is filed with the City. Any person who has in the Tigard Community Development Code. agreed in writing to pay is considered the responsible person if a copy of the writing is filed (8) Pavement Management Program (PMP). with the City. An annual program of corrective and preventative maintenance on City of Tigard streets funded by (11) Street Maintenance. Any action to the street maintenance fee (SMF). The program maintain City streets, including repair, renewal, helps to extend the life of the pavement structure resurfacing, replacement and reconstruction. by various means such as, pavement overlaying, Street maintenance does not include the slurry sealing, or complete removal and construction of new streets or street lighting. replacement of asphalt. Street maintenance shall include resurfacing of existing streets, repair or replacement of curb and (9) Occupied Unit. Any structure or any gutter where they exist, repair or replacement of portion of any structure occupied for residential, the entire existing street structural section, repair commercial, industrial, or other purposes. For or replacement of existing street shoulders, example, in a multifamily residential develop- pavement markers, striping and other street ment, each dwelling unit shall be considered a markings, repair or replacement of existing separate occupied unit when occupied, and each channelization devices, adjustment of existing retail outlet in a shopping mall shall be considered utilities to match finish grades, and any other a separate occupied unit. An occupied unit may related work within the existing streets. It.includes include more than one structure if all structures repair or restoration of existing storm drainage are part of the same dwelling unit or commercial systems within existing streets, but does not or industrial operation. For example an industrial include installation of new drainage systems. It site with several structures that form an integrated includes right -of -way maintenance on the City's manufacturing process operated by a single arterial and collector streets, which covers manufacturer constitutes one occupied unit. maintenance and enhancement of planting strips, Property that is undeveloped or, if developed, is medians and areas between sidewalks and not in current use is not considered an occupied property lines on these street to prevent the unit. uncontrolled growth of weeds and other undesirable vegetation in these areas. It does not include repair or replacement of existing 15 -20 -2 Code Update: 3/10 TIGARD MUNICIPAL CODE sidewalks. (Ord. 10 -01 § 2). to the street maintenance fee fund. 15.20.030 Administrative Officers (2) The street maintenance fee fund shall Designated. not be used for other governmental or proprietary purposes of the City, except to pay for an (1) Except as provided in subsections (2) equitable share of the City's overhead costs and (3) of this section, the Public Works Director including accounting, management and other costs shall be responsible for the administration of this related to management and operation of the street chapter. The Public Works Director shall be maintenance program. Engineering design, responsible for developing administrative pavement evaluation, construction management, procedures for the chapter, administration of fees, and other related costs, including project and for the purposes of establishing the fee for a advertisements for bid, in the implementation of specific occupied unit,, the consideration and the street maintenance projects shall also be assignment of categories of use, and parking space considered as being used for street maintenance. requirements subject to appeal in accordance with (Ord. 10 -01 § 2). this chapter. 15.20.050 Determination of Street (2) The Public Works Director shall be Maintenance Fee. responsible for developing and maintaining street maintenance' programs for the maintenance of (1) The street maintenance fee shall be City streets and, subject to City Budget established based on the following: Committee review and City Council approval, allocation and expenditure of budget resources for (a) The City's five -year maintenance street system maintenance in accordance with this and reconstruction plan for corrective and chapter. preventative maintenance of the City's street infrastructure. (3) The Finance Director shall be responsible for the collection and calculation of (b) The average annual cost based on fees, and the appeals process under this chapter. the five -year maintenance and reconstruction plan (Ord. 10 -01 § 2). with costs allocated as follows: 15.20.040 Street Maintenance Fees (i) Arterial maintenance costs Allocated to the Street allocated 62% to nonresidential uses and 38% to Maintenance Fee Fund. residential uses. (1) All street maintenance fees received (ii) Local commercial/industrial shall be deposited to the street maintenance fee street maintenance costs allocated 100% to fund or other fund d edicated to the operation and nonresidential uses. maintenance of the City street system. The street maintenance fee fund shall be used for street (iii) Collector maintenance costs maintenance. Other revenue sources may also be allocated 50% to residential uses and 50% to used for street maintenance. Amounts in the street nonresidential uses. maintenance fee fund may be invested by the Finance Director in accordance with State law. (iv) Neighborhood routes and local Earnings from such investments shall be dedicated street maintenance costs allocated 100% to 15 -20 -3 Code Update: 3/10 TIGARD MUNICIPAL CODE residential uses. (4) The street maintenance fee will be adjusted according to an annual index that is (c) For residential property, the fee calculated based on a two -year rolling average of shall be charged on a per unit basis. the combination of the following indices: (d) For nonresidential property other (a) The Oregon Composite than gasoline stations, the fee shall be based on Construction Cost index reflecting the cost of the minimum number of vehicle parking spaces as materials (weighted 65 %). stated in the Minimum and Maximum Off - Street, Vehicle and Bicycle•Parking Requirements in the (b) The U.S. Bureau of tabor Statistics Tigard Community Development Code for each Employment cost Index for Private Industry occupied unit,, provided, however, that the Workers, by Occupational Group and Industry, maximum number of parking" spaces for purposes Construction Group reflecting the cost of Labor of calculating the street, maintenance fee shall be (weighted 35 %). 250. (c) A floor of two percent and a ceiling i. In that nonresidential property of seven percent has been established based on a with fewer tlian six required spaces shall composite of both indices listed above. constitute a tier with a 50% reduction of the total fee amount. (5) The indices will be applied in the second and third period of the three -part phasing and ii. In recognition that religious every year thereafter. institutions have minimum parking space requirements that are relatively large in (6) The program shall be reviewed annually comparison to the actual use of those spaces, the as part of the City's budget process. total fee for each religious institution shall be reduced by 50 %. (7) Following each review of the program, the Finance Director shall review the revenue (e) The street maintenance fee for received from the new rates after a full year of gasoline stations shall be based on the number of , collection to determine if the annual revenues fueling positions. meet the annual funding level set from the updated five -year street maintenance plan. The (2) The street maintenance fee rates shall Finance Director shall report the findings of that • be established by Council resolution. review to City Council and may make recommendations on any potential fee increases or (3) Beginning July 1, 2010, the fee for the decreases based on that review. Any unspent Pavement Management Program will be funds will be placed in a reserve fund. (Ord. 10 -01 implemented in three phases. The second phase § 2). will be effective on April 1, 2011 and the third will be effective on January 1, 2012. The street 15.20.060 Determination of Amount, surface portion of the PMP will be phased in Billing and Collection of Fee. evenly over all, phases. The :right -of -way portion of the PMP will be phased in evenly to (1) For the purpose of establishing the fee, residential customers over the last two phases. the minimum required number of parking spaces or the number of fueling positions for each 15 - 20 - Code Update: 3/10 TIGARD MUNICIPAL CODE occupied unit of nonresidential property shall be (5) An account is delinquent if the street determined by the Public Works Director. For maintenance fee is not paid by the due date shown uses not explicitly listed in the Tigard on the utility bill. The City may follow the Development Code as to required parking, the procedures for collection of delinquent accounts Public Works Director shall assign the use to the set forth in Sections 12.03.030 and/or 12.03.040, similar category with the most similar impact on including termination of water and/or sanitary the transportation system, considering relevant sewer service. (Ord. 10 -01 § 2). information such as: 15.20.070 Waiver of Fees in Case . (a) The size of the site and the of Vacancy. building; (1) When any developed property within the (b) The number of employees; City becomes vacant as described in subsections C of this section, upon written application and Deleted: 3 (c) Other developed sites with similar approval by the Finance Director, the street use. maintenance fee shall thereafter not be billed and shall not be a charge against the property until (2) The Public Works Director shall such time as the property is no longer vacant. establish the amount of street maintenance fee payable for each unit of nonresidential property (2) The Finance Director is authorized to and shall inform the Finance Director of the cause an investigation of any property for which amount. The amount payable shall be re- an application for determination of vacancy is determined if there is a change in use or submitted to verify any of the information development. All redeterminations based on a contained in the application. The Finance Director change in use or development shall be prospective is further authorized to develop and use a standard only. The Finance Director shall charge the per- form of application, provided it shall contain a unit street maintenance fee to the responsible space for verification of the information and the party for each occupied unit of residential person signing such form affirms under penalty property. for false swearing the accuracy of the information 1 provided therein. (3) The street maintenance fee shall be billed to and collected from the responsible party (3) When any developed nropertv within the City for each occupied unit. Billings shall be included has the utilities shut -off due to vacancy, the street as part of the water and sewer bill for occupied maintenance fee shall be waived for the duration units utilizing City water and/or sewer, and billed of the vacancy as described in subsection of Deleted: 7 and collected separately for those occupied units this section. not utilizing City water and/or sewer. All such bills shall be rendered regularly by the Finance (4) When any multi- occupied developed property Director and shall become due and payable upon within the City has one or more vacancies as receipt. described in subsection (b) of this section. the Deleted: 7 responsible party may request, in writing, a (4) Collections from utility customers will waiver of a portion of the street maintenance fee be applied first to interest and penalties, then atrolicable to the vacant units. proportionately among the various charges for utility services and street maintenance. (5) When a change of use occurs, a vacancy has 15 -20 -5 Code Update: 3/10 TIGARD MUNICIPAL CODE been filled, or a property is developed, it is the responsible party's responsibility to inform the (Deleted: job City of any change so the proper street l r Deleled :ofuseorpropatydevelopment 51 maintenance fees may be assessed. If the responsible party does not inform the City of any change, the City shall cancel the vacancy waiver ( Deleted: of use or prope ty development and charge the responsible party as per subsection (6) of this section. ( Deleted: 7 (4) For purposes of this section, a unit of ( Deleted: 3 property is vacant when it has been continuously unoccupied and unused for at least 30 days. Fees shall be waived in accordance with this section only while the property remains vacant. The waiver duration is for six months. After six months, the responsible party must re -apply for the waiver if the property continues to be unoccupied and unused. The responsible party has 30 days to re -apply for the vacancy waiver after the expiration of the six month waiver. Any occupancy or use of the property terminates the waiver. As a penalty for not reporting a change in property vacancy, the City may charge any Deleted: T property jwo times the appropriate street Deleted: with the maintenance fee, jhat would have been due Deleted: including doubling the charges without the vacancy waiver for prior billing periods, upon determining by whatever means that the property did not qualify for waiver of charges during the relevant time. The decision of the Finance Director under subsections (1,a) and (6) ( Deleted: 2 of this section shall be fmal. (Ord. 10-01 § 2). ( Deleted: 1 15 -20 -6 Code Update: 3/10 TIGARD MUNICIPAL CODE 15.20.080 Administrative Provisions and may be made in the applicable fee to be charged Appeals. in the future. No back charges or , refunds are required. The decision of the Public Works (1) The Public Works Director shall have Director, under this subsection (3) only, may be the initial authority and responsibility to interpret appealed. all terms, provisions and requirements of this chapter and to determine the appropriate charges (4) Council may form a subcommittee thereunder. 'The - responsible party for an occupied consisting of two Council members, or appoint a unit may request reconsideration of the Public committee of disinterested citizens; hereinafter Works Director's determination, of the amount of known as the Appeal Committee, to, address any thecfee by submission of a written application to appeals to the Public Works Director's decisions. the Public Works Director.. The application shall A responsible party who disputes the be submitted in sufficient detail to enable the determination of the Public Works Director as to Public Works Director.to render a decision. use category or number of required parking spaces may file a written appeal with the Appeal (2) Within 30 days of the submission of a Committee. All appeals must be submitted within completeapplica__tion requesting reconsideration of 10 days from the date of the :Public Works the amount' of the street maintenance fee to be Director's decision, together with a filing fee in an charged to an occupied unit, the Public Works amount set by Council by resolution. The Director shall render;a decision on the application. application for appeal shall specify, the reasons for The decision shalt be written and shall include the appeal and shall provide sufficient information findings of fact, and conclusions for the particular for the Appeal Committee to render a decision. aspects of the decision, based upon applicable No other appeals shall be permitted. criteria, which niay include a land Use decision that modifies the minimum required vehicle (5) The Appeal Committee shall schedule a parking for an occupied unit. A copy of the review of each appeal and shall notify the decision shall be mailed to the person submitting appellant not less than 10 days prior thereto of the the request. The Public Works Director shall date of such review. The Appeal Committee shall maintain a collection of such decisions. Decisions conduct a hearing to determine whether there is of the Public Works Director, which affect the substantial evidence in the record to support the mount of fee to be charged to a property; shall be interpretation given by the.Public Works' Director forwarded to the Finance Director. Except as and May continue the hearing for purposes of providedunder subsection (4) of this section, the gathering additional information bearing on the decision of the Public Works Director is final. issue. The Appeal Committee shall .render an initial oral decision and,shall_ adopt a final written (3) For the purpose of reviewing the fee, the decision together with appropriate findings in Public Works Director may determine that the support thereof. The decision of the Appeal land use category is proper and that the fee Committee shall be for the purpose of establishing charged is appropriate. However, if the decision the fee and limited to whether the appellant has of the Public Works Director results m a change been assigned to the appropriate use category, or in the category of land use, the Public Works whether the appropriate minimum vehicle parking Director shall, for the purpose of establishing the space requirement or number of fueling positions fee, assign a new use category, determine the has been correctly identified. If the Appeal appropriate fee for the category, and notify the Committee should determine that for the purpose Finance Director so that the appropriate change of establishing the fee, a different use category 15 - 20 - Code Update: 3/10 TIGARD MUNICIPAL CODE should be assigned, or that the minimum parking street maintenance fee. space requirement should be revised, it shall so order, provided no refund of prior street (e) Railroad property containing Maintenance fees shall be given. Only where the structures, such as maintenance areas, non - rolling Committee decision results in a change in use storage areas and areas used for the transfer of rail category and/or change in the minimum parking transported goods to non -rail transport shall be space requirement will the filing fee on the appeal subject to street maintenance fees. be refunded. The Appeal Committee decision shall be fmal. (Ord. 10 -01 § 2). (0 For newly developed properties, the fees imposed under this chapter shall become 15.20.090 Administrative Policies. due and payable from and after the date when the developed property is occupied and connected to (1) The following policies shall apply to the the public water or sanitary sewer system. operation and scope of this chapter: (2) The Public Works Director is authorized (a) Street maintenance fees imposed and directed to review the operation of this under this chapter shall apply to all occupied chapter and, where appropriate, recommend units, occupied units owned and/or occupied by changes thereto in the form of administrative local, state and federal governments, as well as policies for adoption of the City Council by property which maybe entitled to exemption from resolution. Administrative policies are intended to or deferral of ad valorem property taxation. provide guidance to property owners, subject to this chapter, as to its meaning or operation, (b) Publicly owned park land, open consistent with policies expressed herein. Policies spaces and greenways shall not be subject to the adopted by the Council shall be given full force street maintenance fee unless public off -street and effect, and unless clearly inconsistent with parking designed to accommodate the use of such this chapter shall apply uniformly throughout the areas is provided. City. (c) Areas used for commercial farming (3) If an occupied unit of nonresidential or forestry operations,: shall be billed according to property is used for more than one use with the use of any structures on the. site. Where a site different minimum parking requirements, the is used exclusively for- farming or forestry and not street maintenance fee shall be based on the for residential or commercial uses, the site shall required parking for the total of the various uses. not be subject to the street maintenance fee. Where there are different seasonal uses of (4) The determination or assignment of a structures on farm or forest land, the use category use category and minimum number of parking shall be determined by examining the use-for the spaces under the provisions of this chapter are longest portion of the year. Where more than one strictly for the purpose of establishing a fee and use is made of a farming or forestry site, then each are not statutory land use decisions. (Ord. 10 -01 § use shall be.examined separately and combination 2). of use categories shall be used to determine the street maintenance fee. (d) Areas encompassing railroad and public right -of -way shall. not be subject to the 15 - - Code Update: 3 /10 TIGARD MUNICIPAL CODE 15.20:100 Penalty. In addition to any violation of any provision of this chapter shall be a Class A Civil Infraction. Each day of delinquency in paying the street maintenance fee constitutes a separate violation. 15.20.110 Severability. (1) In the event any section, subsection, paragraph, sentence or phrase of this chapter or any administrative policy adopted herein is determined by a court of competent jurisdiction to be invalid or unenforceable, the validity of the remainder of the chapter shall continue to be effective. If a court of competent jurisdiction determines that this chapter imposes a tax or charge, which is therefore unlawful as to certain but not all affected properties, then as to those certain properties, an exception or exceptions from the imposition:of street maintenance fee shall thereby be created,andthe remainder of the. chapter and the fees imposed thereunder shall . continue to apply to the remaining properties without interruption. (2) Nothing contained herein shall be construed as limiting the City's authority to levy special assessments in connection with public improvements pursuant to applicable law. (Ord. 03 -10). III 15 - 20 - Code Update: 3/10 AIS -30 Item #: 6. Business Meeting Date: 07/13/2010 Length (in minutes): 15 Minutes Agenda Title: Update on Burnham Street and Capital Improvement Program Prepared By: Kathy Mollusky, Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Information ISSUE No action is required. The Council is being asked to receive an update on the Burnham Street Improvement project and CIP projects that will be constructed this summer and fall. STAFF RECOMMENDATION / ACTION REQUEST Council accept the briefing and ask questions or comment on the status of the projects. KEY FACTS AND INFORMATION SUMMARY The New Burnham Street project update: • Main Street waterline tie -in • Curbs are being installed • Water quality swale being constructed OTHER ALTERNATIVES None. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2. Implement Downtown Urban Renewal DATES OF PREVIOUS COUNCIL CONSIDERATION Regular update. Last update May 11, 2010. 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Uei I 4..._r_ O C el , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) / 0 — 0 b , which were adopted at the City Council meeting of < .0 r /3, �/ C, with a copy(s) of said Ordinance(s) being hereto • attached an y reference ;Wade a part hereof, on the `Y day of .1:4 /. , 20 /0 . 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon _ ........ --/ (..... .., ,. Stature of Person who Performed Posting Sub :bed . s d sworn (or affirmed) before me this Vt day of S. -a_ 20 /C . OFFICIAL SEAL �_ CAROL A KRAOER Signature of Notary Public for Oregon ' 4 NOTARY P!JBUC- ORESON 1,4 COMMISSION NO. 445625 MY COMMISSION EXPIRES FEBRUARY 23, 2014 1:ladmtcetnyYomistpost ordinance 2006.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 10- AN ORDINANCE UPDATING TIGARD MUNICIPAL CODE CHAPTER 15.20 STREET MAINTENANCE FEE WHEREAS, the City of Tigard Municipal Code Chapter 15.20, Street Maintenance Fee was last updated January 2010; and WHEREAS, Council granted a vacancy waiver to fully vacant buildings; and WHEREAS, Clarification was needed regarding buildings that are only partially vacant; and WHEREAS, this Tigard Municipal Code chapter clarifies Street Maintenance Fee vacancy waiver for partially vacant buildings. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific Tigard Municipal Code 15.20 Street Maintenance Fee attached as Exhibit A to this ordinance is hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U fl a fl i ' Ou.S vote of all Council members present after being read by number and title only, this 13th day of July , 2010. Ca erine Wheatley, City Recorder APPROVED: By Tigard City Council this in day of - t� � , 2011 2 Craig D ksen, ayor App •ved as to form: / w t - City Attorney cp)() Date ORDINANCE No. 10- e Page 1 _. b ft TIGARD MUNICIPAL CODE Chapter 15.20 STREET MAINTENANCE (2) Developed property or developed use. A FEE. parcel or legal portion of real property, on which an improvement exists or has been constructed. Sections: Improvement on developed property includes, but is not limited to buildings, parking lots, 15.20.010 Creation and Purpose. landscaping and outside storage. 15.20.020 Definitions. 15.20.030 Administrative Officers (3) Finance Director. The Finance & Designated. Information Services Director or designee. 15.20.040 Street Maintenance Fees Allocated to the Street (4) Residential Property. Property that is Maintenance Fee Fund. used primarily for personal domestic 15.20.050 Determination of Street • accommodation including single family, multi - Maintenance Fee. family residential property and group homes, but 15.20.060 Determination of Amount, not including hotels and motels. Billing and Collection of Fee. 15.20.070 Waiver of Fees in Case of (5) Nonresidential Property. Property that is Vacancy. not primarily used for personal domestic 15.20.080 Administrative Provisions and accommodation. Nonresidential property includes Appeals. industrial, commercial, institutional, hotel and 15.20.090 Administrative Policies. motel, and other nonresidential uses. 15.20.100 Penalty. 15.20.110 Severability. (6) Street Functional Classification. Street classifications as described in the Tigard 15.20.010 Creation and Purpose. Transportation System Plan. A street maintenance fee is created and a. Arterials are defined as streets imposed for the purpose of maintenance of City having regional level connectivity. These streets streets. The street maintenance fee shall be paid link major commercial, residential, industrial and by the responsible party for each occupied unit of institutional areas. real property. The purposes of the street maintenance fee are to charge for the service the b. Collectors are defined by citywide City provides in maintaining public streets and to or district wide connectivity. These streets provide ensure that maintenance occurs in a timely both access and circulation within and between fashion, thereby reducing increased costs that residential and commercial /industrial areas. result when maintenance is deferred. c. Neighborhood routes are defined as 15.20.020 Definitions. streets that provide connections within the neighborhood and between neighborhoods. These As used in this chapter, the following shall streets provide connectivity to collectors or mean: arterials. (1) Public Works Director. The Public d. Local commercial/industrial streets Works Director or the Public Works Director's are those streets within the City that are not designee. designated as arterials or collectors and whose 15 - - Code Update: 3/10 TIGARD MUNICIPAL CODE primary function is serving traffic to and from (10) Responsible Party. The person or commercial and/or industrial (i.e., nonresidential) persons who by occupancy or contractual uses. arrangement are responsible to pay for utility and other services provided to an occupied unit. e. Local streets are any streets within Unless another party has agreed in writing to pay the City that are not designated as arterials, and a copy of the writing is filed with the City, the collectors, neighborhood routes or identified as person(s) paying the City's water and/or sewer commercial/industrial streets. These streets have bill for an occupied unit shall be deemed the the sole function of providing access to responsible party as to that occupied unit. For any immediately adjacent land. occupied unit not otherwise required to pay a City utility bill, "responsible party" shall mean the (7) Parking Space Requirement. The person or persons legally entitled to occupancy of • minimum off - street vehicle parking requirement the occupied unit, unless another responsible party • as stated in the Minimum and Maximum Off- has agreed in writing to pay and a copy of the Street Vehicle and Bicycle Parking Requirements writing is filed with the City. Any person who has in the Tigard Community Development Code. agreed in writing to pay is considered the responsible person if a copy of the writing is filed (8) Pavement Management Program (PMP). with the City. An annual program of corrective and preventative maintenance on City of Tigard streets funded by (11) Street Maintenance. Any action to -the street maintenance fee (SMF). The program maintain City streets, including repair, renewal, helps to extend the life of the pavement structure resurfacing, replacement and reconstruction. by various means such as, pavement overlaying, Street maintenance does not include the slurry sealing, or complete removal and construction of new streets or street lighting. replacement of asphalt. Street maintenance shall include resurfacing of existing streets, repair or replacement of curb and (9) Occupied Unit. Any structure or any gutter where they exist, repair or replacement of portion of any structure occupied for residential, the entire existing street structural section, repair commercial, industrial, or other purposes. For or replacement of existing street shoulders, example, in a multifamily residential develop- pavement markers, striping and other street ment, each dwelling unit shall be considered a markings, repair or replacement of existing separate occupied unit when occupied, and each channelization devices, adjustment of existing retail outlet in a shopping mall shall be considered utilities to match finish grades, and any other a separate occupied unit. An occupied unit may related work within the existing streets. It includes include more than one structure if all structures repair or restoration of existing storm drainage are part of the same dwelling unit or commercial systems within existing streets, but does not or industrial operation. For example an industrial include installation of new drainage systems. It site with several structures that form an integrated includes right -of -way maintenance on the City's manufacturing process operated by a single arterial and collector streets, which covers manufacturer constitutes one occupied unit. maintenance and enhancement of planting strips, Property that is undeveloped or, if developed, is medians and areas between sidewalks and not in current use is not considered an occupied property lines on these street to prevent the unit. uncontrolled growth of weeds and other undesirable vegetation in these areas. It does not include repair or replacement of existing 15 -20 -2 Code Update: 3/10 TIGARD MUNICIPAL CODE sidewalks. (Ord. 10 -01 § 2). to the street maintenance fee fund. 15.20.030 Administrative Officers (2) The street maintenance fee fund shall Designated. not be used for other governmental or proprietary purposes of the City, except to pay for an (1) Except as provided in subsections (2) equitable share of the City's overhead costs and (3) of this section, the Public Works Director including accounting, management and other costs shall be responsible for the administration of this related to management and operation of the street chapter. The Public Works Director shall be maintenance program. Engineering design, responsible for developing administrative pavement evaluation, construction management, procedures for the chapter, administration of fees, and other related costs, including project and for the purposes of establishing the fee for a advertisements for bid, in the implementation of specific occupied unit, the consideration and the street maintenance projects shall also be assignment of categories of use, and parking space considered as being used for street maintenance. requirements subject to appeal in accordance with (Ord. 10 -01 § 2). this chapter. 15.20.050 Determination of Street (2) The Public Works Director shall be Maintenance Fee. responsible for developing and maintaining street maintenance programs for the maintenance of (1) The street maintenance fee shall be .City streets and, subject to City Budget established based on the following: Committee review and City Council approval, allocation and expenditure of budget resources for (a) The City's five -year maintenance street system maintenance in accordance with this and reconstruction plan for corrective and chapter. preventative maintenance of the City's street infrastructure. (3) The Finance Director shall be responsible for the collection and calculation of (b) The average annual cost based on fees and the appeals process under this chapter. the five -year maintenance and reconstruction plan (Ord. 10 -01 § 2). with costs allocated as follows: 15.20.040 Street Maintenance Fees (i) Arterial maintenance costs Allocated to the Street allocated 62% to nonresidential uses and 38% to Maintenance Fee Fund. residential uses. (1) All street maintenance fees received (ii) Local commercial/industrial shall be deposited to the street maintenance fee street maintenance costs allocated 100% to fund or other fund dedicated to the operation and nonresidential uses. maintenance of the City street system. The street maintenance fee fund shall be used for street (iii) Collector maintenance costs maintenance. Other revenue sources may also be allocated 50% to residential uses and 50% to used for street maintenance. Amounts in the street nonresidential uses. maintenance fee fund may be invested by the Finance Director in accordance with State law. (iv) Neighborhood routes and local Earnings from such investments shall be dedicated street maintenance costs allocated 100% to • 15 -20 -3 Code Update: 3/10 TIGARD MUNICIPAL CODE residential uses. (4) The street maintenance fee will be adjusted according to an annual index that is (c) For residential property, the fee calculated based on a two -year rolling average of shall be charged on a per unit basis. the combination of the following indices: (d) For nonresidential property other (a) The Oregon Composite than gasoline stations, the fee shall be based on Construction Cost index reflecting the cost of the minimum number of vehicle parking spaces as materials (weighted 65 %). stated in the Minimum and Maximum Off - Street Vehicle and Bicycle Parking Requirements in the (b) The U.S. Bureau of Labor Statistics Tigard Community Development Code for each Employment cost Index for Private Industry occupied unit, provided, however, that the Workers, by Occupational Group and Industry, • maximum number of parking spaces for purposes • Construction Group reflecting the cost of Labor • of calculating the street maintenance fee shall be (weighted 35 %). 250. (c) A floor of two percent and a ceiling i. In that nonresidential property of seven percent has been established based on a with fewer than six required spaces shall composite of both indices listed above. constitute a tier with a 50% reduction of the total fee amount. (5) The indices will be applied in the second and third period of the three -part phasing and ii. In recognition that religious every year thereafter. institutions have minimum parking space requirements that are relatively large in (6) The program shall be reviewed annually comparison to the actual use of those spaces, the as part of the City's budget process. total fee for each religious institution shall be reduced by 50 %. (7) Following each review of the program, the Finance Director shall review the revenue (e) The street maintenance fee for received from the new rates after a full year of gasoline stations shall be based on the number of collection to determine if the annual revenues fueling positions. meet the annual funding level set from the updated five -year street maintenance plan. The (2) The street maintenance fee rates shall Finance Director shall report the findings of that be established. by Council resolution. review to City Council and may make recommendations on any potential fee increases or (3) Beginning July 1, 2010, the fee for the decreases based on that review. Any unspent Pavement Management Program will be funds will be placed in a reserve fund. (Ord. 10 -01 implemented in three phases. The second phase § 2). will be effective on April 1, 2011 and the third will be effective on January 1, 2012. The street 15.20.060 Determination of Amount, surface portion of the PMP will be phased in Billing and Collection of Fee. evenly over all three phases. The right -of -way portion of the PMP will be phased in evenly to (1) For the purpose of establishing the fee, residential customers over the last two phases. the minimum required number of parking spaces or the number of fueling positions for each 15 -20 -4 Code Update: 3/10 TIGARD MUNICIPAL CODE occupied unit of nonresidential property shall be (5) An account is delinquent if the street determined by the Public Works Director. For maintenance fee is not paid by the due date shown uses not explicitly listed in the Tigard on the utility bill. The City may follow the Development Code as to required parking, the procedures for collection of delinquent accounts Public Works Directorr shall assign the use to the set forth in Sections 12.03.030 and/or 12.03.040, similar category with the most similar impact on including termination of water and /or sanitary the transportation system, considering relevant sewer service. (Ord. 10 -01 § 2). information such as: 15.20.070 Waiver of Fees in Case (a) The size of the site and the of Vacancy. building; (1) When any developed property within the (b) The number of employees; City becomes vacant as described in subsections (6) of this section, upon written application and (c) Other developed sites with similar approval by the Finance Director, the street use. maintenance fee shall thereafter not be billed and shall not be a charge against the property until (2) The Public Works Director shall such time as the property is no longer vacant. establish the amount of street maintenance fee payable for each unit of nonresidential property (2) The Finance Director is authorized to and shall inform the Finance Director of the cause an investigation of any property for which amount. The amount payable shall be re- an application for determination of vacancy is determined if there is a change in use or submitted to verify any of the information development. All redeterminations based on a contained in the application. The Finance Director change in use or development shall be prospective is further authorized to develop and use a standard only. The Finance Director shall charge the per- form of application, provided it shall contain a unit street maintenance fee to the responsible space for verification of the information and the party for each occupied unit of residential person signing such form affirms under penalty property. for false swearing the accuracy of the information provided therein. (3) The street maintenance fee shall be billed to and collected from the responsible party (3) When any developed property within the City for each occupied unit. Billings shall be included has the utilities shut -off due to vacancy, the street as part of the water and sewer bill for occupied maintenance fee shall be waived for the duration units utilizing City water and/or sewer, and billed of the vacancy as described in subsection (6) of and collected separately for those occupied units this section. not utilizing City water and /or sewer. All such bills shall be rendered regularly by the Finance (4) When any multi- occupied developed property Director and shall become due and payable upon within the City has one or more vacancies as receipt. described in subsection (6) of this section, the responsible party may request, in writing, a (4) Collections from utility customers will waiver of a portion of the street maintenance fee be applied first to interest and penalties, then applicable to the vacant units. proportionately among the various charges for utility services and street maintenance. (5) When a change of use occurs, a vacancy has 15 -20 -5 Code Update: 3/10 TIGARD MUNICIPAL CODE been filled, or a property is developed, it is the Public Works Director to render a decision. responsible party's responsibility to inform the City of any change: so the proper street (2) Within 30 days of the submission of a maintenance fees may be assessed. If the complete application requesting reconsideration of responsible party does not inform the City of any the amount of the street maintenance fee to be change, the City shall cancel the vacancy waiver charged to an occupied unit, the Public Works and charge the responsible party as per subsection Director shall render a decision on the application. (6) of this section. The decision shall be written and shall include findings of fact and conclusions for the particular (6) For purposes of this section, a unit of aspects of the decision, based upon applicable property is vacant when it has been continuously criteria, which may include a land use decision unoccupied and unused for at least 30 days. Fees that modifies the minimum required vehicle • • shall be waived in accordance with this section • parking for an occupied unit. A copy of the only while the property remains vacant. The decision shall be mailed to the person submitting waiver duration is for six months. After six the request. The Public Works Director shall months, the responsible party must re -apply for maintain a collection of such decisions. Decisions the waiver if the property continues to be of the Public Works Director, which affect the unoccupied and unused. The responsible party amount of fee to be charged to a property, shall be has 30 days to re -apply for the vacancy waiver forwarded to the Finance Director. Except as after the expiration of the six month waiver. Any provided under subsection (4) of this section, the occupancy or use of the property terminates the decision of the Public Works Director is final. waiver. As a penalty for not reporting a change in property vacancy, the City may charge any (3) For the purpose of reviewing the fee, the property two times the appropriate street Public Works Director may determine that the maintenance fee, that would have been due land use category is proper and that the fee without the vacancy waiver for prior billing charged is appropriate. However, if the decision periods, upon determining by whatever means that of the Public Works Director results in a change the property did not qualify for waiver of charges in the category of land use, the Public Works during the relevant time. The decision of the Director shall, for the purpose of establishing the Finance Director under subsections (1, 2) and (6) fee, assign a new use category, determine the of this section shall be final. (Ord. 10 -01 § 2). appropriate fee for the category, and notify the Finance Director so that the appropriate change 15.20.080 Administrative Provisions and may be made in the applicable fee to be charged Appeals. in the future. No back charges or refunds are required. The decision of the Public Works (1) The Public Works Director shall have Director, under this subsection (3) only, may be the initial authority and responsibility to interpret appealed. all terms, provisions and requirements of this chapter and to determine the appropriate charges (4) Council may form a subcommittee thereunder. The responsible party for an occupied consisting of two Council members, or appoint a unit may request reconsideration of the Public committee of disinterested citizens, hereinafter Works Director's determination of the amount of known as the Appeal Committee, to address any the fee by submission of a written application to appeals to the Public Works Director's decisions. the Public. Works Director. The, application shall A responsible party who disputes the be submitted in sufficient detail to enable the determination of the Public Works Director as to 15 - - Code Update: 3/10 TIGARD MUNICIPAL CODE use category or number of required parking spaces operation and scope of this chapter: may file a written appeal with the Appeal Committee. All appeals must be submitted within (a) Street maintenance fees imposed 10 days from the date of the Public Works under this chapter shall apply to all occupied Director's decision, together with a filing fee in an units, occupied units owned and /or occupied by amount set by Council by resolution. The local, state and federal governments, as well as application for appeal shall specify the reasons for property which may be entitled to exemption from the appeal and shall provide sufficient information or deferral of ad valorem property taxation. for the Appeal Committee to render a decision. No other appeals shall be permitted. (b) Publicly owned park land, open spaces and greenways shall not be subject to the (5) The Appeal Committee shall schedule a street maintenance fee unless public off - street review of each appeal and shall notify the parking designed to accommodate the use of such appellant not less than 10 days prior thereto of the areas is provided. date of such review. The Appeal Committee shall conduct a hearing to determine whether there is (c) Areas used for commercial farming substantial evidence in the record to support the or forestry operations shall be billed according to interpretation given by the Public Works Director the use of any structures on the site. Where a site and may continue the hearing for purposes of is used exclusively for farming or forestry and not gathering additional information bearing on the for residential or commercial uses, the site shall ..issue. The Appeal Committee shall render an not be subject to the street maintenance fee. initial oral decision and shall adopt a final written Where there are different seasonal uses of decision together with appropriate findings in structures on farm or forest land, the use category support thereof. The decision of the Appeal shall be determined by examining the use for the Committee shall be for the purpose of establishing longest portion of the year. Where more than one the fee and limited to whether the appellant has use is made of a farming or forestry site, then each been assigned to the appropriate use category, or use shall be examined separately and combination whether the appropriate minimum vehicle parking of use categories shall be used to determine the space requirement or number of fueling positions street maintenance fee. has been correctly identified. If the Appeal Committee should determine that for the purpose (d) Areas encompassing railroad and of establishing the fee, a different use category public right -of -way shall not be subj ect to the should be assigned, or that the minimum parking street maintenance fee. space requirement should be revised, it shall so order, provided no refund of prior street (e) Railroad property containing maintenance fees shall be given. Only where the structures, such as maintenance areas, non - rolling Committee decision results in a change in use storage areas and areas used for the transfer of rail category and/or change in the minimum parking transported goods to non -rail transport shall be space requirement will the filing fee on the appeal subject to street maintenance fees. be refunded. The Appeal Committee decision shall be fmal. (Ord. 10 -01 § 2). (f) For newly developed properties, the fees imposed under this chapter shall become 15.20.090 Administrative Policies. due and payable from and after the date when the developed property is occupied and connected to (1) The following policies shall apply to the the public water or sanitary sewer system. 15 -20 -7 Code Update: 3/10 TIGARD MUNICIPAL CODE determines that this chapter imposes a tax or (2) The Public Works Director is authorized charge, which is therefore unlawful as to certain and directed to review the operation of this but not all affected properties, then as to those chapter and, where appropriate, recommend certain properties, an exception or exceptions changes thereto in the form of administrative from the imposition of the street maintenance fee policies for adoption of the City Council by shall thereby be created and the remainder of the resolution. Administrative policies are intended to chapter and the fees imposed thereunder shall provide guidance to property owners, subject to continue to apply to the remaining properties this chapter, as to its meaning or operation, without interruption. consistent with policies expressed herein. Policies adopted by the Council shall be given full force (2) Nothing contained herein shall be and effect, and unless clearly inconsistent with . construed as limiting the City's authority to levy • this chapter shall apply uniformly throughout the special assessments in connection with public • City. improvements pursuant to applicable law. (Ord. 03 -10). • (3) If an occupied unit of nonresidential property is used for more than one use with different minimum parking requirements, the street maintenance fee shall be based on the required parking for the total of the various uses. (4) The determination or assignment of a use category and minimum number of parking spaces under the provisions of this chapter are strictly for the purpose of establishing a fee and are not statutory land use decisions. (Ord. 10 -01 § 2). 15.20.100 Penalty. In addition to any other remedy, violation of any provision of this chapter shall be a Class A Civil Infraction. Each day of delinquency in paying the street maintenance fee constitutes a separate violation. 15.20.110 Severability. (1) In the event any section, subsection, paragraph, sentence or phrase of this chapter or any administrative policy adopted herein is determined by a court of competent jurisdiction to be invalid or unenforceable, the validity of the remainder of the chapter shall continue to be effective. If a court of competent jurisdiction 15 - - Code Update: 3/10 • , COMMUNITY - .., NEWSPAPERS PUBLIC HEARING ITEM: 6605 SE Lake Road, Portland, OR 97222 The following will be considered by the Tigard PO Box 22109 Portland OR 97269 2109 q Planning Commission at a Public Hearing on Monday June 7, 2010 at 7:00 PM and, by Phone: 503-684-0360 Fax: 503-620-3433 • the Tigard City Council at a Public Hearin E -mail: legals@commnewspapers.com on Tuesday July 13. 2010 at 7:30 PM at the TI GARD Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. 1 AFFIDAVIT OF PUBLICATION Public oral or written testimony is invited. The State of Oregon, County of Washington, SS public hearings on this matter will be held under Title 18 and I, Charlotte Allsop, being the first duly sworn, rules of procedure adopted by the Council and available at City depose and say that I am the Accounting Hall or the rules of procedure set forth in Section 18.390.060. de P Y g E. The Planning Commission's review is for . the purpose df Manager of The Times (serving Tigard, making a recommendation to the City Council on the request. Tualatin & Sherwood), a newspaper of The Council will then hold a public hearing on the request prior general circulation, published at Beaverton, i to making a decision. in the aforesaid county and state, as defined Further information may be obtained from the City of Tigard by ORS 193.010 and 193.020, that Planning Division (Staff contact: Hap Watkins) at 13125 SW . ' Hall Blvd., Tigard, Oregon 97223, by calling 503 -718 -2440, or City of Tigard by e -mail to hap @tigard- or.aov. 1 Public Hearing /DCA 2010 -00002 i TT11452 DEVELOPMENT CODE AMENDMENT (DCA) 2010 -00002 A copy of which is hereto annexed, was - WALL SIGN REQUIREMENTS - ; published in the entire issue of said newspaper for ; REQUEST: The City of Tigard proposes to amend Community 1 Development Code Chapter 18.780 Signs, Sections 18.780.130 week in the following issue: C.2.a, D.2.a, E.2.a and F.2.a to restrict the size of wall signs May 20, 2010 to a maximum of 200 square feet and to clarify that the definition of a freeway - oriented sign (18.780.015 A.25) is j a ' free standing and. not a wall sign; require that non - painted wall L/1 �( (,� �( (' CLIfA signs (18.780.015 A.55) must be enclosed by a rigid frame and may not be made of fabric, vinyl or other non -rigid material Charlotte Allsop (Accounting Manager) except for awning or canopy signs. The amendment also makes Section 18.780.130 D consistent with other zones by stating Subscribed and sworn to before me this building face rather than wall face. LOCATION: Citywide. May 20, 2010. ZONE: Generally applicable to the following zones: C -G (General Commercial), MU -CBD (Mixed Use - Central Business f ' District), C -P (Commercial Professional), C -N (Neighborhoo ? " Commercial), C -C (Community Commercial); I -P, I -L and I - - ... : C/(76(.) otee . / (Industrial Park, Light Industrial, and Heavy Industrial); MIT NOTARY PUBLIC FOR OR (Mixed Use Commercial), MUE (Mixed Use Employment), and My commission expires MUR (Mixed Use Residential). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.386, Acct #10093001 18.390 and 18.780; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic A ttn: Patty Lunsford Development; and Statewide Planning Goals 1, 2 and 9. The City of Tigard proposed amendments are available for review on the City's 13125 SW Hall Blvd Web site at http: / /www.tigard- or.gov /city hall/departments /cd/ Tigard, OR 97223 code amendment.asp. J o Size: 2 x 7.5 Publish 05/20/2010. TT11452 Amount Due: $125.25* *Please remit to address above.