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City Council Packet - 01/25/2011 a TIGARD City of Tigard TIGARD CITY COUNCIL BUSI\ H;SS MKETING January 25, 2011 COU \CIL ,VII F,TIN G WILL BE TI - +:LEVISED I: \Ofs \Donna \Ccpkt3 Cathy Wheatley 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov IN Ill City of Tigard Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND CITY CENTER DEVELOPMENT AGENCY Revised 1/21/2011 to add Agenda Item No. 9 MEETING DATE AND TIME: January 25, 2011 - 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 • TIGARD CITY COUNCIL AND CITY CENTER DEVELOPMENT AGENCY EXECUTIVE SESSIONS (CCDA): The Tigard City Council will go into Executive Session to discuss real property transaction negotiations and for consultation with legal counsel regarding pending litigation or litigation likely to be filed under ORS 192.660(2) (e) and (h). The Tigard CCDA will go into Executive Session to discuss real property transaction negotiations under ORS 192.660(2) (e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • STUDY SESSION A. Update on Urban Forestry Code Revisions Project Schedule B. Discuss City's 50th Birthday Celebration C. Administrative Items • Agenda Item No. 5, Consider Amending Tigard Municipal Code Chapter 12, Water and Sewers has been set over to the March 22, 2011 Tigard City Council Business Meeting. • Updated draft of the 2011 City Council goals are scheduled for tonight; Agenda Item No. 7 • Pacific Highway/Hall /Greenburg/Main Completion Celebration. Council input for invitations. • City Attorney interviews on Tuesday, February 1, 2011, 6:30 p.m. in Town Hall or Red Rock Creek Conference Room. Confirm attendance /quorum. • Dinner meeting proposed with Tualatin Valley Fire & Rescue, Tigard City Council, and key staff members of both agencies at new headquarters located in Tigard. Proposed date is March 29, the fifth Tuesday of the month. Meeting agenda to be developed for topics of mutual interest. Check with the Council for availability and suggestions for topics. • March 15, 2011 City Council workshop is canceled (NLC Conference week). • Staff will ask Council members about the Exemplary Citizen Award. • West Linn Councilor Mike Jones expressed a desire for a Tigard and/or Lake Oswego elected official to attend 2/7/11 Council meeting for elected official's perspective on the water partnership. • Council Meeting Calendar: • February 8, Business Meeting, 6:30 p.m. • February 15, Workshop Meeting, 6:30 p.m. • February 22, Business Meeting, 6:30 p.m. 7:30 PM 1. BUSINESS MEETING - JANUARY 25, 2011 A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non - Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) A. Follow -up to Previous Citizen Communication B. Tigard High School Student Envoy Tracie Tran C. Tigard Area Chamber of Commerce Executive Director Debi Mollihan D. Citizen Communication — Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council and the 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. Motion to: 7:45 PM (Time is estimated) A. Draft minutes will be distributed to the City Council and included in the electronic meeting packet no later than Monday, January 24, 2011 or rescheduled to a future date. 1. October 26, 2010 2. November 9, 2010 3. November 2 2 0 Set over to February 8, 2010 B. Appoint Kim Moreland and Donald Schmidt to the Transportation Advisory Committee RESOLUTION NO. 11 - 01 - A RESOLUTION APPOINTING KIM MORELAND AND DONALD SCHMIDT AS VOTING MEMBERS OF THE TRANSPORTATION ADVISORY COMMITTEE C. Change the Name of the Committee for Citizen Involvement to the Neighborhood Involvement Committee and Adopt New Bylaws RESOLUTION NO. 11 -02 - A RESOLUTION CHANGING THE NAME OF THE COMMITTEE FOR CITIZEN INVOLVEMENT (CCI) TO THE NEIGHBORHOOD INVOLVEMENT COMMITTEE (NIC) AND ADOPTING NEW BYLAWS D. Schedule a Public Hearing for Vacation of Right -of -Way on Burnham Street Adjacent to Matsumoto Property RESOLUTION NO. 11 -03 -- A RESOLUTION SETTING A DATE OF A PUBLIC HEARING REGRADING THE VACATION OF AN APPROXIMATELY 114 SQUARE FOOT PORTION OF THE BURNHAM STREET PUBLIC RIGHT OF WAY, WHICH IS ADJACENT TO 8770 SW BURNHAM STREET (WASHINGTON COUNTY TAX MAP 2S102DA, TAX LOT 300) AND LIES APPROXIMATELY 200 FEET WEST OF HALL BOULEVARD E. Approve Hall Blvd. Right -of -Way Dedication Located at the Knoll @ Tigard Project to the Oregon Department of Transportation RESOLUTION NO. 11 -04 -- A RESOLUTION APPROVING A QUITCLAIM DEED TO THE OREGON DEPARTMENT OF TRANSPORTATION FOR RIGHT OF WAY ON HALL BOULEVARD PREVIOUSLY DEDICATED TO THE CITY OF TIGARD FOR RIGHT -OF -WAY PURPOSES F. Local Contract Review Board: 1. Approve Purchase of a Vactor Truck from Owens Equipment 2. Award Contract for Meter Reading Services to Metereaders, LLC • 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 TO ESTABLISH SW 100TH AVENUE SANITARY SEWER REIMBURSEMENT DISTRICT NO.42 - RESOLUTION 7:50 PM (Time is estimated) • 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. • Staff Report: Community Development Department • Public Testimony • Staff Recommendation • Council Discussion • Close Public Hearing • City Council Consideration RESOLUTION NO. 11 -05 -- A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO.42 (SW 100TH AVENUE) 5. -._ - .._ .. .. O IN 8:10 PM (Time is estimated) Item set over to the March 22, 2011 Tigard City Council Meeting Agenda 6. REPORT ON NATIONAL LEAGUE OF CITIES CONGRESS OF CITIES - COUNCILOR HENDERSON 8:25 PM (Time is estimated) 7. CONSIDER APPROVAL OF THE 2011 CITY COUNCIL GOALS 8:35 PM (Time is estimated) 8. RECEIVE CITY COUNCIL 4TH QUARTER GOAL UPDATE 8:40 PM (Time is estimated) 9. CONSIDER RESOLUTION URGING THE CITY OF PORTLAND TO REJOIN THE PORTLAND JOINT TERRORISM TASK FORCE • Staff Report • Council Discussion • Council Consideration RESOLUTION NO. 11 -06 -- A RESOLUTION URGING THE CITY OF PORTLAND TO REVERSE ITS DECISION OF 2005 TO WITHDRAW FROM THE PORTLAND JOINT TERRORISM TASK FORCE (JTTF) AND COMMIT RESOURCES TO THE CURRENT MAKEUP OF THE JTTF 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS 12. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 13. ADJOURNMENT Sioc%, Sess. a/Q - A AIS -294 Business Meeting Date: 01/25/2011 Length (in minutes): 10 Minutes Agenda Title: Update on Urban Forestry Code Revisions Project Schedule Submitted By: Todd Prager Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE It is proposed to extend the Urban Forestry Code Revisions project timeline by 6 months to allow the Citizen Advisory Committee more time to deliberate and staff more time to develop a well prepared proposal. Staff would like Council to provide direction on the proposed revised timeline. STAFF RECOMMENDATION / ACTION REQUEST Accept staffs proposed revised timeline. KEY FACTS AND INFORMATION SUMMARY On February 16, 2010, Council directed staff to pursue a comprehensive update of the City's urban forestry related code provisions within an approximately 18 -24 month timeframe. Staff developed an aggressive proposal to complete the Urban Forestry Code Revisions (UFCR) project with Council adoption in October 2011. The reason for the aggressive timeline was due in part to community input indicating that the process should move forward as quickly as possible. The UFCR Citizen Advisory Committee (CAC) was appointed by Council on May I I, 2010 to advise staff during the UFCR project. The CAC has been meeting regularly since June 2010 and already addressed the issues of hazard trees, street trees, and the use of the Tree Replacement Fund. They have developed a general level of consensus on these issues and are beginning to address the final set of issues which include urban forestry standards for development, the tree grove preservation program, and tree permit requirements. The final set of issues is more complex and controversial, and the CAC has indicated that they would like more time to deliberate before attempting to develop consensus on the issues. Staff also thinks it would be beneficial to allow more time to develop a well thought out proposal that fully addresses and incorporates input from the CAC and community. Although one of the initial goals was to move the project forward quickly, the CAC and staff agree that it should be balanced with developing a proposal that is broadly supported. Both Council and Planning Commission have also expressed a desire for the issues to be adequately vetted during the CAC process to avoid unnecessary controversy during the adoption process. As a result, staff is proposing to extend the project timeline by six (6) months with Council adoption in April 2012 (see timeline attached). In addition, staff will be proposing to extend the length of the CAC meetings from two (2) to three (3) hours to allow more time for robust discussions for the remainder of their meetings. The revised timeline will meet the CAC's goals of allowing more time for deliberation, and staffs goal of allowing enough time to develop a well thought out proposal that addresses input from the community. The proposed revised timeline also addresses Council and Planning Commission's goal to adequately vet the proposal by allowing ample time for community input in October through December 2011 and an open house prior to the adoption process. Finally, the proposed revised timeline is cognizant of Council's initial direction to complete the project in approximately 18 to 24 months. If the starting point of the project is measured from the appointment of the CAC (May 2010), then staff is proposing to complete the project in 23 months (with Council adoption in April 2012). OTHER ALTERNATIVES Continue according to the existing project schedule or develop an alternative schedule. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Goal 1.b - Update Tree Code Council Long Range Objective - Tigard citizens are involved in the community and participate effectively. Urban Forestry Master Plan DATES OF PREVIOUS COUNCIL CONSIDERATION February 16, 2010 Fiscal Impact Fiscal Information: Approximately $10,000 dollars will need to be budgeted in FY 2011 -2012 to cover fees for the third party facilitator because of the additional number and length of CAC meetings. The third party facilitator will also be facilitating the community open house prior to the adoption process when the package of code revisions is complete. Attachments I.JFCR Proposed Revised Schedule j9 iLri4,1 ec( 6c-i A rit f Pro j City of Tigard 5 it4c1y Secs , r °/.-- Urban Forestry Code Revisions—Project Timeline 1 aj. - - °)_°'/ Jun e'1t1 I /tilt 10 I Aug.'10 Sept 10 Dct.'10 \or.'10 Dec .'to It 11 Irh.'li llnnh'II April 'It Map '11 June'11 Julp'II Au '11 Se pt. 'II Oct.'11 Not 'It lire.' II 1 t . 1' 1,1) 1' v1. u'eb'12 April '12 Project Kickoff _ Assessment and Collaboration I I I I I I I I Draft Code Revisions Peer Review Adoption Process Ha and Hazard Street Use of Dev. Code I Dev. Code I Dee. Code II Dev. Code II Compre Compre- Planning Planning City City Trees Trees Trees Current hensive hensive Commission Commission Council Council Tree Dev. Code II Tree Tree Review Review Workshop Hearing Workshop Hearing Use of Replace- tree urea Permit Permit of all of all Current ment Tree Fund ment Dev. Code I P enervation Require- Require- Code Code Program) meats ments Changes Changes Replace- Fund ((Tree Plan Requiremenisl Existing Grove, GIS Review Tree Grove Inventory I ESEE Analysis Report 1 I I I 1 I ;raft Program I I ® Citizens Advisory Committee Meeting Technical Advisory Committee Meeting • Planning Commission or Council Meeting Dates for Planning Commission and City Council meetings are subject to change. Please check the city's website for updates. AIS -286 s -lue y Sess - G • Business Meeting Date: 01/25/2011 Length (in minutes): 10 Minutes Agenda Title: Discuss City's 50th Birthday Celebration Prepared For: Liz Newton Submitted By: Liz Newton Administration Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. 4 ,®. gym. .A .«......—. ...— .....,,............m...., »,ms..«.,...«...«..µ...« ate., .....,.. ,. «.,...,.m.,..,«...,... e.. .». .,.�_ ISSUE Discussion with Council on City's 50th birthday celebration. STAFF RECOMMENDATION / ACTION REQUEST No action required. KEY FACTS AND INFORMATION SUMMARY During the 2010 - 2011 budget process last spring, the city's Events Coordinator position was eliminated. During the discussions with the Budget Committee, staff advised the members that funding for city events was also discontinued. The 2010 - 201 1 budget was adopted last June without funding for Family Fest or recognition of the city's 50th birthday. In the requested budget for 2011 - 2012, staff will request $5,000 for the city's birthday celebration. That would fund an event the afternoon of Sunday, September I Ith (the City's actual 50th birthday) in the Community Room at the Library. The event would feature music, cake, and remarks by Mayor Dirksen and Curis Tigard. In addition, attendees would have the opportunity to read "Tigard memories" previously submitted by current and former residents or write their own. THe scale of this event could be planned, promoted and coordinated by existing staff. The event would be promoted in Cityscape, on the Neighborhood Network web pages, and local media. OTHER ALTERNATIVES Council could direct staff to develop other options for consideration. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION Council discussed this issue during the Budget Commitee meetings in May 2010. mc- LEENTAL PAC` 1 /.. /cDo :7 • ei City of and �,, tY f Ti g (DATE OF MEETING) 11 G A R D Memorandum To: City Council & Craig Prosser, City Manager From: Toby LaFrance, Finance and Information Service Director FL— CC: Debbie Smith -Wagar Re: Sale of $17 million Parks Bond & $9 million Library Bond Refunding Date: January 25, 2011 This morning we had a successful sale of the $17 million parks bond and the $9 million library bond refunding. The parks bond received nine bids. The bids were awarded based on the lowest Total Interest Cost (TIC). Wells Fargo Bank, NA was the low bid with a TIC of 4.14 %. In the ballot, it was stated that the bond would cost $0.29 per $1,000 of assessed value in the first year of the 20 year bond repayment; equating to $60 in the first year for an average home owner with a median assessed value of $207,000. That was calculated with level annual payments at an estimated 5% interest rate, and the total payments of principal and interest would have been $27,282,480 over the life of the bond. With today's sale, the cost will be $0.275 per $1,000 of assessed value in the first year of the 20 year bond repayment; equating to $56.84 in the first year for the same average home. This is with level annual payments with total payments of principal and interest of $25,861,387. Today's sale represents a savings of $1,421,093 over the information provided in the ballot. The refunding of the library bond received ten bids. The bids were awarded on the same basis. Further, we set 3 percent net present value of savings over the current bond as the minimum level. If none of the bids provided at least the 3 percent savings, all of the bids would have been rejected. Citigroup Global Markets Inc was the low bid with a TIC of 2.91 %. Their bid results in a 7.44% net present value of savings over the current bond. With this award, Tigard property tax payers will save $863,289 over the remaining twelve years of the library bond. When you combine the savings versus the voters' expectations from the ballot and the additional savings we achieved on the existing library bond, Tigard is able save property tax payers $2,284,382 over the next twenty years based on today's bond sale results. L ' AGENDA ITEM NO. 2 - CITIZEN COMMUNICATION DATE: Jan. 25, 2011 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds, if it will oV O f 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: � r 11 • L RV d FOR (DATE OF MEET -, Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION TIGA D HIGH S CI-I®® 11, 9000 SW Durham Rd. • Tigard • Oregon • 97224 (503) 431 -5518 January 25, 2011 � P LE 1EI L PACKET ; � Student Envoy: Tracie Tran R .! o (DATE OF MEETING) I. ACTWITI ES a. We held our winter assembly last week. b. Winter formal was Saturday January 22 in our commons. i. Disney Theme "Until the clock strikes..." c. Jordan Reddicks marched for the US Army All- American High School Football game in Texas d. Our Technology Team is starting up their main season, heading to a State Qualifying tournament on January 30 e. Three Tigard girls have been notified as they are eligible to participate in the 2011 Rose Festival Court Selection: Lauren Chan, Jessica Tran and Kayla Padbury II. ATHLETICS a. Jam the jungle - two weeks ago against Glencoe b. Holly Slyter was featured in the Oregonian's Sports Spotlight I II. ACADEMICS a. Tigard Speech Team had 9 students take home individual awards , � � a �.:`,7 t fi i$r '' �$ 4 '`k k I�* �,, —a a}r , + + �..,, ,C— �- 4��'s x ��' °`� °� J � � w � a�.: a+w 7..} � E 4 i } . F Spy. - �i .�'e.,,, � +.�� y4 ,�„ v �.,� u . +�',, n a ''y)x a t ,Fr 0,,� '�'Y'�..'."�;�`m�'F ",. .,''' a aa:% r Ya.'� ra 44-40: ry . _�,•. ` - '' -= ._. ' ' -.;.F "' fT^ I .."" x • ` " i sm of r; ,-- ,�-- ,y;� —.._. ---= - ---_� `-�•z_- a r { ��c`;r""°�, �, , = � �� P • ,,,�'"� Good Morning Tigard (GMT)- Busine ss Networking - 7 :30- 9:00am - FREE • 02/03/ 11- B -Line Enterprises • Hosted at the Tigard Chamber • 12345 SW Main St, Tigard, OR 97223 SU PPLE EN 02/ 10/ 11- Elite Care at Fanno Creek FOR ' �� • Hosted at their location (DATE ®� • 12353 SW Grant Ave, Tigard, OR 97224 MEETING) • 02/ 17/ 11- AccounTax • Hosted at the Tigard Chamber • 12345 SW Main St, Tigard, OR 97223 • 02/24/ 11- Everest Institute • Hosted at their location • 9600 SW Oak St, Tigard, OR 97223 • 03/03/ 11 - OMG Onthank Marketing • Hosted at the Tigard Chamber • 12345 SW Main St, Tigard, OR 97223 Other Chamber Events Speed Networking, Embassy Suites Washington Square 7 -9 a.m. 1/27/11 TACC /Pride Disposal Scholarship — Application Deadline 1/31/11 • Download the application at www.tigardareachamber.org, in the Chamber Drop down menu on the main web page Lunch & Learns — Free, Noon to 1:00 p.m. • Hosted at Tigard Chamber, Pearson Room, Noon — 1:00 p.m., BYOL • 02/02/ 11- Releasing the Power of Customer Feedback • 02/ 16/ 11 — 2011 Tax Saving Tips - James L Shook • 03/02/ 11 - Intermediate Facebook After Hours — Free, 5:30 — 7:00 p.m. • February 9th — Pacific NW Wine Club • March TBD — Sherrie's Jewlery Box Bowl -O -Rama — Saturday March 5 Tigard Bowl Oregon Chamber Day at the State Capitol, 3/ 10/ 11 • Chamber Gov't & Public Policy Subcommittee will be hearing about key issues and meeting with legislators representing Tigard more info, go to - http / /tigardareachamber or-g/,dir story /even i , ' } � t � ,. n € , .r,m° f! „x,:..s...�,- p k� VY : (3 'p S Fili US Air! boo +�' + P' (f 4":1" • . , s 5' L } ��`'- A4 T rfP ', x a,s' t '. E ' k ":_ u y s 8 AIS -331 Item #: 3. B. Business Meeting Date: 01/25/2011 Length (in minutes): Consent Item Agenda Title: Appoint Kim Moreland and Donald Schmidt to the Transportation Advisory Committee Submitted By: Judith Gray Community Development Item Type: Resolution Meeting Type: Consent Agenda ISSUE Council is requested to consider and act on recommended appointments to the Transportation Advisory Committee. STAFF RECOMMENDATION / ACTION REQUEST It is recommended that Kim Moreland and Donald Schmidt be appointed to the Transportation Advisory Committee to complete terms expiring December 31, 2012. KEY FACTS AND INFORMATION SUMMARY The Transportation Advisory Committee was formed by City Council Resolution 09 -14. Cam Gilmour and Jeremy Vermilyea resigned from the Transportation Advisory Committee after partially serving terms which will expire December 31, 2012. Kim Moreland was appointed as an alternate member of the Transportation Advisory Committee in December 2010. Donald Schmidt, a current member of the Tigard Planning Commission, has applied for membership on the Transportation Advisory Committee. The Mayor's Appointment Advisory Committee recommends that Council appoint Kim Moreland and Donald Schmidt to Transportation Advisory Committee to complete the terms vacated by Cam Gilmour and Jeremy Vermilyea. OTHER ALTERNATIVES Council could choose to maintain vacant positions on the TTAC or to begin a new recruiting process. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Long Range Goal: Tigard citizens are involved in the community and participate effectively. Comprehensive Plan Goal: Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. DATES OF PREVIOUS COUNCIL CONSIDERATION n/a • Attachments Resolution Biographical Information Biographies of Tigard Transportation Advisory Committee Applicants — January 2011 Kimberly Moreland has been a resident of Tigard for more than five years. She is an urban planner in long -range planning with the City of Salem. In that capacity, she represents the City of Salem on several technical advisory committees related to transportation and planning. She was previously active as a parent volunteer with the Tigard - Tualatin School Facility Committee and is a Secretary for the Oregon African American Museum Board. Donald Schmidt has been a resident of Tigard for more than four years. Don is a license architect with 15 years experience. He is currently a member of the Tigard Planning Commission, the Downtown Design Review Committee, and the Urban Forestry Code Revisions Citizens Advisory Committee. AIS -327 Item #: 3. C. Business Meeting Date: 01/25/2011 Length (in minutes): Consent Item Agenda Title: Change the Name of the Committee for Citizen Involvement to the Neighborhood Involvement Committee and Adopt New Bylaws Prepared For: Joanne Bengtson Submitted By: Joanne Bengtson Administrative Services Item Type: Resolution Meeting Type: Consent Agenda ISSUE Should the Council adopt revised bylaws and a name change from the Committee for Citizen Involvement to the Neighborhood Involvement Committee? Statewide Planning Goal 1 calls for widespread citizen involvement and requires local jurisdictions to maintain a committee for citizen involvement related to land use issues. In November 2010, land use involvement duties were assigned to the Tigard Planning Commission. The city's other boards and committees are modifying their bylaws to include citizen involvement as a program component, allowing the Committee for Citizen Involvment to focus on oversight of the Neighborhood Network Program. At meetings on July 21, September 12 and November 17, 2010, members of the Committee for Citizen Involvement developed revised bylaws and chose a new committee name for Council approval. Members voted to amend the committee name to Neighborhood Involvement Committee to reflect their new mission. STAFF RECOMMENDATION / ACTION REQUEST Adopt the attached Resolution and revised bylaws. KEY FACTS AND INFORMATION SUMMARY Statewide Planning Goal 1 calls for widespread citizen involvement and requires local juridictions to maintain a committee for citizen involvement. In May 2010, staff in Community Development began looking at the type of issues the Committee for Citizen Involvement was handling public involvement for, discovering that few related to land use issues. Subsequent conversations took place with Anne Debbaut, the city's liaison with the Department of Land Use Conservation & Development and it was determined that Statewide Planning Goal 1 requirements could be met by reassigning citizen involvement duties related to land use to the Tigard Planning Commission. Tigard City Council adopted this change on November 23, 2010 under Resolution No. 10 -62. The Committee for Citizen Involvement met in July, September and November 2010 to discuss focusing citizen involvement efforts through the Neighborhood Network Program they developed. With this change, the group adopted a revised set of bylaws and selected a committee name that reflects their mission- the Neighborhood Involvement Committee (NIC). OTHER ALTERNATIVES 1. Adopt revised focus with new committee name and bylaws. 2. Make no changes to committee structure. 3. Disband the committee. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Tigard Comprehensive Plan, Statewide Planning Goal 1 DATES OF PREVIOUS COUNCIL CONSIDERATION Council discussed these changes on November 23, 2010 as part of a request to amend the city's citizen involvement structure and appoint the Planning Commission to serve as the committee for citizen involvement. Attachments Resolution adopting name change and revised bylaws Clean copy of bylaws for adoption Redline bylaws CITY OF TIGARD BOARD, COMMISSION, AND COMMI I"1'EE TI i; ;11? D MODEL BY -LAWS SECTION 1. CHARGE AND DUTIES A. The Neighborhood Involvement Committee hereafter referred to as the "Board" shall have no powers except as conferred by this resolution, City Charter, Tigard Municipal Code, or the Oregon Revised Statutes. B. It shall be the function of the Neighborhood Involvement Committee to act as an advisory body to the City Council. C. The Board and its members shall conduct itself in a manner that's in keeping with applicable city and state laws pertaining to conduct and ethics. Any confirmed violation of the provisions of such laws shall be grounds for removal from of€ee the committee. D. The Committee for Neighborhood Involvement is charged with advising the City Council on matters pertaining to: • The oversight of the Neighborhood Network Program and its effectiveness. Specific responsibilities include: • Establishing approval criteria and an application process for the Neighborhood Network grant program. • Review and approval of applications for the Neighborhood Network grant program based on approved criteria and the program budget. • Establishing approval criteria and an application process for the Neighborhood Network Annual Event program. • Review and approval of applications for Neighborhood Network annual events based on approved criteria and the program budget. • Confirmation of members to individual Neighborhood Network Steering Committees. • Establishing standards for Neighborhood Network web pages. • Working with the staff liaison to develop an annual committee work program. • An annual evaluation of the effectiveness of the Neighborhood Network program. E. The Board may form subcommittees to investigate areas relevant to its charge or duties pursuant to this section. SECTION 2. COMPOSITION A. The Board shall consist of 13 members appointed by the City Council with the following representation: • One representative of each of the city's 13 active Neighborhood Network Area Steering Committees. 11/17/10 Redline approved by Committee 1 I I CITY OF TIGARD BOARD, COMMISSION, AND COMMITTEE TIGARD MODEL BY -LAWS SECTION 3. APPOINTMENTS A. Council shall fill vacancies with individuals who meet the compositional requirements listed in Section 2. B. Appointments shall be made by the Mayor and City Council. SECTION 4. TERM OF OFFICE A. Board members serve for a term of not more than 4 years. B. Any vacancy in the Board shall be filled by appointment by the Council and Mayor for the unexpired portion of the term. The unexpired portion of a term does not count towards the fulfillment of the maximum number of allowed terms. C. Members may be reappointed for up to two (2) consecutive terms. D. Members shall receive no compensation for their services. Members may be reimbursed for incidental meeting expenses on approval of the staff liaison. E. An individual board member may not act in an official capacity except through the action of the board. F. A member who seeks to resign from the Board shall submit a written resignation to the chair of the Board, the staff liaison, or the city recorder's office. If possible, the resignation should allow for a thirty (30) day notice so the City Council can appoint a replacement. SECTION 5. ORGANIZATION OF THE BOARD A. At its first meeting of the year, and thereafter annually, the Board shall elect a Chair and a Vice Chair from its members who shall hold office at the pleasure of the Board. i. Chair. The chair shall have general directional powers over the Board. The chair shall preside at all meetings and, in consultation with support staff, set the agendas and notify the board of all meeting times and place. The chair shall also be an ex- officio member of all subcommittees and shall be the sole spokesperson for the Board unless this responsibility is delegated to the staff liaison. ii. Vice Chair. The vice chair shall assume the responsibilities of the chair if the chair is unable to do so. B. If the Chair should resign, the Board shall, at its next meeting, conduct an election and provide a replacement to fill the unexpired term. 11/17/10 Redline approved by Committee 2 II I • CITY OF TIGARD BOARD, COMMISSION, AND COMMI FI E TIGARD MODEL BY -LAWS C. Staff liaisons are the primary contacts for City of Tigard boards and the primary interface between these bodies and the City Council, City Manager, and departments. Besides serving as a technical resource, staff liaisons are responsible for meeting logistics, member recruitment and recognition, recordkeeping, and monitoring board effectiveness. SECTION 6. MEETINGS A. The regular meeting of the Board shall be held on the date and time determined by the Board. B. The Board shall meet at least 4 times a year, roughly quarterly, at a time and place that is specified at least five (5) days in advance. C. The parliamentary authority for the Board is Robert's Rules of Order Revised, except where superseded by these bylaws or local, state, or federal law. D. The Chair may call a special meeting, and the Chair shall call a special meeting if requested by three or more members. The call shall state the purpose of the meeting. A notice of a special meeting must be in writing and communicated to all members at least three days before the meeting. E. Agendas and minutes shall be posted for public notice on the City of Tigard web page and in the lobby of City Hall in compliance with Oregon Public Meetings Law. All meetings shall be open to the public. F. A majority of votes of Board members present shall determine the official position of the Board on a given issue. G. The Chair shall vote on all matters before the Board unless having declared a conflict of interest. H. Board members shall not send or receive electronic communications concerning any matter pending before the Board during a Board meeting • Electronic Communications means e -mail, text messages, or other forms of communications transmitted or received by technological means. • Electronic Communications Devices means laptop computers, blackberries, cell phones, notebooks, or other similar devices capable of transmitting or receiving messages electronically. I. Board member shall not use electronic communication devices to review or access information regarding matters not in consideration before the Board during a Board meeting. 11/17/10 Redline approved by Committee 3 III . CITY OF TIGARD BOARD, COMMISSION, AND COMMTr1'EE TI i, ,A R D MODEL BY -LAWS SECTION 7. BOARD MEMBER RESPONSIBILITIES Members of the Board shall: A. Regularly attend meetings and contribute constructively to discussions, B. Consider and discuss issues from a Citywide perspective, as well as that of particular stakeholder or interests, C. Strive to reach consensus on matters under consideration, D. Act with respect and consideration for the viewpoint of others. SECTION 8. ATTENDANCE If a member is unable to attend a meeting, he or she is expected to notify the staff liaison. If a member is absent from 3 consecutive regularly scheduled meetings, the issue shall be placed on the upcoming agenda, and upon majority vote of the Board members present that position may be vacated. SECTION 9. QUORUM No official business shall be conducted without a quorum present. A quorum consists of seven (7) members, including any appointed alternates, present and voting. It does not include anyone who cannot participate due to a conflict of interest. SECTION 10. REMOVAL OF MEMBERS A. The City Council may remove members of the Board in accordance with Section 8 Attendance. B. The Council may also remove members, when, in its judgment the conduct of a member does not conform to the City of Tigard Code of Conduct for Boards, Commissions and Committees. SECTION 11. ANNUAL REPORT OF THE BOARD A. Not later than December 31" of each year, the Board shall prepare and file its Annual Report to the City Council. B. The Annual Report shall include a summary of key activities and proceeding and any specific suggestions or recommendations which the Board believes would be noteworthy to the Council. C. The Annual Report shall not be submitted unless approved by the Board. 11/17/10 Redline approved by Committee 4 I III CITY OF TIGARD BOARD, COMMISSION, AND COMMrI 1EE TIGARD MODEL BY -LAWS SECTION 12. AMENDMENTS These bylaws may be amended by a simple majority vote of all members of the Board at any meeting that has a quorum, provided written notice of the proposed amendment shall have been mailed to all members at least 14 days prior to the meeting at which such action is proposed to be taken. 11/17/10 Redline approved by Committee 5 AIS -302 Item #: 3. D. Business Meeting Date: 01/25/2011 Length (in minutes): Consent Item Agenda Title: Schedule a Public Hearing for Vacation of Right -of -Way on Burnham Street Adjacent to Matsumoto Property Submitted By: Cheryl Caines Community Development Item Type: Resolution Meeting Type: Consent Agenda ISSUE Should the City initiate vacation proceedings and schedule a public hearing to consider vacating 114 square feet of unimproved public right -of -way adjacent to the Matsumoto property located at 8770 SW Burnham Street? The area to be vacated is on the south side of Burnham Street, approximately 200 feet west of the Hall Boulevard intersection. • STAFF RECOMMENDATION / ACTION REQUEST Approve the attached Resolution initiating proceedings to consider vacating a section of right -of -way including a public hearing before Council on March 8, 2011. KEY FACTS AND INFORMATION SUMMARY As part of the Burnham Street project, the street was realigned. A driveway reconfiguration for the Matsumoto property resulted in a 114 square foot portion of unimproved and unused right -of -way. In conversations with the previous City Engineer, the adjacent property owners (William and Nina Matsumoto) have requested that the this portion of the public right -of -way be deeded to them. In the City vacation process there are two ways of initiating the vacation of streets, easements and other public dedicated areas. The City Council may initiate vacation proceedings by passing a Resolution to schedule a formal public hearing to consider such a vacation. The second option is for an applicant to file a petition with the Planning Commission requesting a vacation. This requires signatures of all abutting property owners and of the owners of two - thirds of the properties affected by the vacation. The Planning Commission then makes a recommendation to the City Council based on compliance with the Comprehensive Plan. In this case the City Council is being asked to initiate the vacation proceedings and schedule the required public hearing because the adjacent property owner was impacted by access management associated with the Burnham Street project. This request is coming before the City Council at this time because the agreements with a neighboring property owner for a second, shared access have now been finalized. OTHER ALTERNATIVES The City Council may decide not to initiate the right -of -way vacation proceedings. The property owners (Matsumoto) will then need to file a petition with the Planning Commission to begin the process. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS This request is not associated with any Council goals, policies, or approved master plans. DATES OF PREVIOUS COUNCIL CONSIDERATION This issue has not previously been considered by City Council. Attachments Burnham Vacation Resolution Burnham Vacation Vicinity Map AIS -145 Item #: 3. E. Business Meeting Date: 01/25/2011 Length (in minutes): Consent Item Agenda Title: Approve Transfer of Hall Blvd. Right -of -Way Located at the Knoll @ Tigard Project to the Oregon Department of Transportation Submitted By: Agustin Duenas Community Development Item Type: Resolution Meeting Type: Consent Agenda ISSUE Shall City Council approve a quitclaim deed to the Oregon Department of Transportation covering approximately 4,608 square feet of right -of -way along the Hall Boulevard frontage of the Knoll at Tigard development project? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that City Council pass the attached resolution approving the quitclaim deed to the Oregon Department of Transportation for the right -of -way described in the attached documents, and authorize the City Manager to sign the deed. KEY FACTS AND INFORMATION SUMMARY • The land use approval for the Knoll at Tigard, a 48 -unit affordable, senior housing complex located at the northeast corner of the SW Hall Boulevard /SW Hunziker Street intersection, required dedication of right -of -way along SW Hall Boulevard, SW Hunziker Street, and SW Knoll Drive and construction of half-street improvements along those streets. • Because ODOT has jurisdiction over Hall Boulevard, a district highway, transfer of the dedicated right -of -way needs to be made to ODOT. • To ensure timely issuance of permits so that construction could begin on the project, both ODOT and the City agreed to dedication of the necessary frontage along Hall Boulevard to the City, followed by subsequent transfer of that property to ODOT, would be sufficient for issuance of the permits required to begin the project. • The City's standard dedication documents transfer property for use as public right -of -way but does not specifically transfer fee title to the City. • The Knoll at Tigard, LLC, dedicated the Hall Boulevard right -of -way to the City via Dedication Deed recorded with Washington County as Document No. 2010- 028168 dated April 13, 2010. • Because ODOT requires fee title to any property transferred to that agency, the dedication deed is not sufficient to transfer ownership of the dedicated right -of -way to ODOT. • Approval of a quitclaim deed from the City to ODOT followed by execution of a Donation Deed from the property owner transferring fee title to ODOT is acceptable to that agency. • Council is requested to pass the attached resolution approving the quitclaim deed and authorizing the City Manager and City Recorder to sign the deed. • A Donation Deed transferring fee title to ODOT will be executed by the property owner following approval and recordation of the quitclaim deed. • The dedication of the right -of -way to the City was at no cost to the City, and the subsequent transfer to ODOT proposed in this Council action will likewise be at no cost to the City or ODOT. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS The current Regional Transportation Plan adopted by Metro requires SW Hall Boulevard between Pacific Highway and Durham Road to be a 5 -lane facility as the ultimate section. The dedication to ODOT would provide the right -of -way needed on the east side of Hall along the Knoll at Tigard frontage to accommodate that ultimate road section. DATES OF PREVIOUS COUNCIL CONSIDERATION There has been no previous Council consideration of this matter Fiscal Impact Fiscal Information: The right of way was originally granted to the City at no cost so this resolution transfers the right of way to ODOT at no cost. Therefore there is no fiscal impact. Attachments Resolution Approving Ouitclaim Deed Exhibit A to Resolution Dedication Deed for Hall ROW AIS -319 Item #: 3. F. 1. Business Meeting Date: 01/25/2011 Length (in minutes): Consent Item Agenda Title: Approve Purchase of a Vactor Truck from Owens Equipment Prepared For: Joseph Barrett Submitted By: Joseph Barrett Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB ISSUE Shall the Local Contract Review Board approve the purchase of a new catch basin cleaner truck from Owen Equipment utilizing a Washington State Department of Transportation contract? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Local Contract Review Board approve the purchase of the Vactor 2110 J6 catch basin cleaner truck from Owen Equipment through the State of Washington Department of Transportation contract for the equipment and authorize the City Manager to carry out any steps necessary to execute the purchase. KEY FACTS AND INFORMATION SUMMARY The City is in need of replacing an aging catch basin cleaner truck. This truck is heavily used by the Public Works Department and has a fleet -life expectancy of 10 years. The City's current truck was purchased in 2001 and is entering a stage where maintenance will be costly. In researching replacement options for the truck, staff was made aware of an existing contract that the Washington State Department of Transportation (WADOT) had for same type of truck. In examining the contract from a standpoint of helping with the creation of a City- issued Invitation to Bid, staff discovered that not only were the base specification and available option packages what the City was looking for but also that the City was able to piggyback off the contract through our membership in the Oregon Cooperative Purchasing Program (ORCPP.) Under Oregon Revised Statute (ORS) 279A.220, the City is eligible for an interstate cooperative purchase which is what a purchase under the WADOT contract would be. In purchasing the truck under this type of agreement, the City will save money on staff time, materials, and advertisement typical of running a full Invitation to Bid. The estimated cost of the catch basin cleaning truck, a Vactor 2110 J6, through Owen Equipment, one of the contractors under the WADOT contract, is just over $336,000. Staff recommends that the Local Contract Review approve the purchase of the catch basin cleaner truck from Owen Equipment utilizing the existing WADOT contract. OTHER ALTERNATIVES The Local Contract Review Board could decline this award and direct staff to conduct a City- issued Invitation to Bid for the truck. Such direction would add expenses to the purchase of the truck however via staff time, materials, and advertisements. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: $336,000 Budgeted (yes or no): Yes Where Budgeted (department /program): Public Works - Sanitary Sewer (500- 6600 - 56003) Additional Fiscal Notes: The anticipated cost of the new catch basin cleaner truck is $336,000. This is below the budgeted amount of $350,000 for the purchase in the City's Sanitary Sewer Fund. Attachments No file(s) attached. AIS -305 Item #: 3. F. 2. Business Meeting Date: 01/25/2011 Length (in minutes): Consent Item Agenda Title: Award Contract for Meter Reading Services to Metereaders, LLC Prepared For: Debbie Smith -Wagar Submitted By: Joseph Barrett Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB ISSUE Shall the Local Contract Review Board award a contract for meter reading services to Metereaders, LLC? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Local Contract Review Board award a contract to Metereaders, LLC for the City's water meter reading needs and authorize the City Manager to carry out all necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY The City currently reads and bills approximately 108,000 water meters annually. These meters were historically broken into 8 groups, each of which was read and billed every two months. These groups range in size from 1,850 -3,000 meters each. The City, as of January 2011, has moved to a monthly billing cycle for all water customers. The City strives to continue to provide the City's residential and commercial customers with accurate bills and cannot do this solely with existing staff. While the City will continue to read approximately one -half of the meters each month with existing staff, contracted assistance is necessary. In mid- November, staff issued a Request for Proposal for water meter reading services. The City received two proposals in response to the Request for Proposal; one from Metereaders. LLC and one from Contract Callers, Inc. Criteria used to evaluate the proposals included the following: • Firm Qualifications (50 %) • Approach to the Project (20 %) • Fee Structure (30 %) After a review of the proposals using the criteria laid out in the Request for Proposal, the RFP's selection team concluded that Metereaders, LLC best meets the City's current needs. OTHER ALTERNATIVES No other alternatives were determined to exist at this time. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: $55,000 Budgeted (yes or no): No Where Budgeted (department /program): 2200 - Utility Billing Additional Fiscal Notes: The budget adjustment will be part of a larger omnibus budget amendment that will be corning to Council later this year with Water Fund revenue as the funding source. The Utility Billing division currently has enough budget authority to begin this contract. This contract has no minimum or maximum; the contractor will read the number of meters that the City asks to be read each week. The contractor is charging 49 cents per meter for regular reads and 59 cents for any meters that we ask them to read with less than 2 weeks advance notice. Attachments No file(s) attached. AIS -188 Item #: 4. Business Meeting Date: 01/25/2011 Length (in minutes): 20 Minutes Agenda Title: Informational Public Hearing to Consider a Resolution Establishing SW 100th Avenue Sanitary Sewer Reimbursement District No. 42 Prepared For: Ted Kyle Submitted By: Ted Kyle Public Works Item Type: Resolution Meeting Type: Council Public Hearing - Informational Business Meeting - Main ISSUE Shall the City Council hold a public hearing and consider a resolution establishing SW 100th Avenue Sanitary Sewer Reimbursement District No. 42? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the City Council hold the public hearing and adopt the resolution forming the reimbursement district. KEY FACTS AND INFORMATION SUMMARY • Under the Citywide Sanitary Sewer Extension Program, the City installs public sewers to each lot within a reimbursement district. At the time of connecting to the public sewer, the property owner: • Pays a connection and inspection fee, currently $4,135. • Reimburses the City for the owner's share of the sewer installation. • Is responsible for any plumbing modifications to connect to the public sewer. • Is responsible for disconnecting the owner's existing septic system in accordance with Washington County regulations. • On February 10, 2010, staff held a neighborhood meeting with the property owners within the proposed district. The project procedure, construction schedule and estimated costs were discussed. Several owners were concerned about the status of a land use permit for the development of several lots within the proposed district. Recently the status of the development was resolved; no development activity is currently proposed. Another owner requested evaluation of alternative sewer routes. This evaluation was performed; the original route remains the most efficient option. • To update owners and solicit additional input on the reimbursement district, another neighborhood meeting was held on December 16, 2010. Eleven of the 23 owners were represented at the meeting. The written comments from three of the owners are attached. Owners were generally supportive of the project although concerns about future development remained. In a telephone call, one owner said that the sewers were not needed and would promote development that would change the character of the neighborhood. Following the meeting, post cards requesting additional comments were delivered to each house. Seven postcards were returned to the city and are attached. All responses supported the project. • The owners have been notified of the hearing by mail. The notice and mailing list are attached. • If the Council approves the resolution to form the reimbursement district, the City will solicit bids from contractors to construct the public sewer line. • Once sewer line construction is completed and actual costs are determined, the Council will be asked to consider a subsequent resolution to finalize the reimbursement district. OTHER ALTERNATIVES The Council could choose not to establish the reimbursement district, and construction of the public sewer line would likely be abandoned. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS The proposed Reimbursement District meets Goal No.1, "Implement Comprehensive Plan," by furthering Comprehensive Goal 1 1.3, "Develop and maintain a wastewater collection system that meets the existing and future needs of the community." DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the SW 100th Avenue Sanitary Sewer Reimbursement District has come before the Council. Attachments Resolution Exhibit A - City Engineer's Report Exhibit B - Property Map Hearing Notice & Mailing List Owners' Written Comments from Dec 16 Neighborhood Meeting. Owner Postcards Following Dec 16 Neighborhood Meeting Vicinity Map Resolution No. 01 -46 Establishing the Early Connection Incentive Resolution No. 03 -55 Modifying the Early Connection Incentive • January 7, 2011 Proposed Sanitary Sewer Reimbursement District No. 42 (SW 100`h Avenue) 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 December 16, 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 $6,000 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. h \HNC \I -Active Pm)ec,a\100Ih Ave San Sew neimbuvwma,i Dial 42 IFAS 9,10 2 Key 9304^_ -500 \Formation \Reim 1)i.1 12 lever Notice Ldoc January 7, 2011 NOTICE Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, January 25, 2011 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. 42 (SW 100 Avenue) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW 100th Avenue and View Terrace. Both public oral and written 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 \ENG \1 - Active Projects \100th Ave San Sew Reimbursement Dist 42 IFAS 93002 Key 93042 - 500 \Formation \Notice 1.doc 2S111BC01000 2S111BB01100 BAUMAN, C WAYNE & MARY KASTEL, CHARLES G & MARY J TRS 10270 SW VIEW TER 14259 SW 100TH TIGARD, OR 97224 TIGARD, OR 97224 2S111BB00800 2S111BC00100 BIRNEY, JEFFREY D & NORIKO LEE, SAMUEL & KYUNG 14265 SW 100TH AVE 14345 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BC00200 2S111BC01500 BOGERT, MARK H AND MUDROW, MICHAEL T & DIANE C MARY E 10185 SW VIEW TERR 14445 SW 100TH TIGARD, OR 97224 TIGARD, OR 97223 2S111BC01400 2S111BB00300 BUEHLER, GREGORY J & SARA L PETERSEN, DAVID 10145 SW VIEW TER 14085 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BB00600 2S111BC01100 COLLING, JOYCE C PHILLIPS, AMY & 959 SW 7TH ST LINN, JEREMY J DUNDEE, OR 97115 10220 SW VIEW TER TIGARD, OR 97224 2S111BA00802 2S111BB00700 DOERING, JOSHUA N & POLIVKA, JON J & DOERING, ANGIE L CAMPBELL - POLIVKA, HOLLY M 14170 SW 100TH AVE 14305 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BA00801 2S111BC01600 FAST CASH HOUSE BUYERS LLC PROUTY, JASON S & PO BOX 66836 PROUTY, AMY E PORTLAND, OR 97290 10225 SW VIEW TER TIGARD, OR 97224 2S111BC00300 2S111BA00805 HOWSE, DIANNA L & RANDALL, MARIA L ORNELAS, STEVE F 14130 SW 100TH AVE 14415 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BA02300 2S111BB00400 JONES, VERNON G RIVER PRESERVATION LLC COLLEEN D PO BOX 513 14320 SW 100TH AVE WILSONVILLE, OR 97070 TIGARD, OR 97224 2S111BA00900 2S111BB00500 KARR, EVELYN E REV LIV TRUST RUEDY, ROBERT E BY EVELYN E KARR TR 14185 SW 100TH AVE 14280 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BC01200 SEARS, ALLEN C do WILLIAMS, GRANT & LANA 10190 SW VIEW TER TIGARD, OR 97224 2S111BA00807 SMITH, SHELLEY A & ENGWEILER, GLENN A 14270 SW 100TH AVE PORTLAND, OR 97224 2S111BC01300 UM, EUNKYU C & KWANG Y 10150 SW VIEW TER TIGARD, OR 97224 � b z",,,,41,°7"''.:'% l4, n •F ; A""^ er as .x' "A. n" z r" t rv� # r� 's , �, x ra k u 1 f �� ` as h' � •. s � �; F x . 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Lyys�T L + ' PINEY ROWF.S L ;, PITNEY BOV✓! .:4#1 i - 0 2 1M $ 00.21 ir�'�� K':k' , ` ' 02 l fvi $ 40.28° ' r Tigard City Council wants to hear from you. �� + + 000 4293344 DEC 23 21 Tigard City Council wants to hear from you. ►, * 000 4293344 DEC 23 20 ty y al.,. "".... `�i - MAILED FROM ZIPCODE 97: g ty y '#...'ir 4_ MAILED FROM ZIP CODE 9722' Please mark your choice and return this Please mark your choice and return this postage -paid postcard. postage -paid postcard. c r " , ----__ p --- �� City of Tigard y "y y City of Tigard Do you Su port i ENGINEERING X PUBLIC W1 Do you Support / ENGINEERING 1 PUBLIC WORKS ❑ Oppose 13125 SW Hall Blvd. ❑ Oppose 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 the extension of the sanitary sewer main line the extension of the sanitary sewer main line to serve your nei ghb to serve your neighborhood? / G Y ' `r t/ t �!) 4r —7 . I uI�Ev t -' I Your Name (optional) Your Name (optional) i i 1 1. , iiiii11111171ii I77lih iliiii11111iiiiii77i117iiiiiii7177ii 'Jil ll7 ils3,i'.i 7 1 1 llliiliiiF 1 17 1 11 77.1711 .' I ii i 7 13 I 1: _ ':1: 7 i 100th Avenue, View Terrace � p OST 100th Avenue, View Terrace .csspoSr Sanitary Sewer Reimbursement _ o Sanitary Sewer Reimbursement . - �`¢ � District No. 42 1 il .. 2 I� - District No. 42 i k?', -�-;� �'� o �� ` � ,97...••725,F,-.-- T 7 } 7 PITNEY BOWES . v) . zn, � > ; 5er:!;/-,C,- �1 r y' $ 0 � q 02 1M CptJ.2E .., Yi4- 02 1M 00.28° 0004293344 DEC 23 20 0004293344 DEC 23 2010 Tigard City Council wants to hear from you. - F MAILED FROM ZIP CODE 972 Tigard City Council wants to hear from you. '#; MAILED FROM ZIPCODE 97223 7 _ .ase mark your choice and return this Please mark your choice and return this postage -paid postcard. postage -paid. postcard. City of Tigard Do you X Support ENGINEERING PUBLIC WOl Do you Support Oppose City of Tigard ❑ o PP 13125 SW Hall Blvd. ❑ Oppose ENGINEERING 1 PUBLIC WORKS Tigard, OR 97223 sewer main line 13125 SW Hall Blvd. the extension of the sanitary the extension of the sanitary sewer main line Tigard, OR 97223 to serve your neighborhood? to serve your neighborhood? • - .tpk , .Lr\. \<.. ('✓tr, [ni l.�%`!') it( Your Name (optional) i , 3 1 Your Name (optional) I . "" l J Ji ! 11SI117i i 1111777 :i iii mi 7:11 1 I11111l 100th Avenue, View Terrace �spo 100 Avenue, View Terrace Sanitary Sewer Reimbursement .. , l 0 Q R � ® Sanitary Sewer Reimbursement �PS P�ST District No. 42 z ,ti S a : District No 42 $ t a 1 ' •¢4�A8dfiF. PITNEY BOWLS � { -� -0.` {E ... + . S P PITNEY BOWLS.. -. ..r3 + t., r $ 00. 28° / , : p � h ,R . +w 0 2 1 2 r ' $ X90.28° 0004293344 DEC 23 2010 : 0 2 1M Tigard City Council wants to hear from you r } -, k MAILED FROM ZIP CODE 97223 Tigard City Council wants to hear from you. k 0 106 t MAILED FROM ZIP CODE 97223 Please mark your choice and return this Please mark your choice and return this postage -paid postcard. ys ,j_V. postage -paid postcard. )‹ Do you Support • Do y ou ] Support 'U) City of Tigard City of Tigard ❑ Oppose ENGINEERING 1 PUBLIC WORK; ❑ Oppose rNGINEERTNG I PUBLIC WORKS 13125 SW Hall Blvd. 13125 SW Hall Blvd . the extension of the sanitary sewer main line Tigard, OR 97223 the extension of the sanitary sewer main line Tigard, OR 97223 to serve your neighborhood? to serve your neighborhood? - ; )UY1V1, P6 i 1 1L . \I C You Name�(ptional) Your Name (optional) jj N 3c 100th Avenue, View Terrace 7 r° Sanitary Sewer Reimbursement tT � District No. 42 z 6 . �� -a 5 " PIT NLV BOV..IS Tigard City Council wants to hear from you. 0004293344 DEC 23 2010 ' ;. *.t MAILED FROM ZIP CODE 9 7223 Please mark your choice and return this postage -paid postcard. City of Tigard Do you IS Support ENGINEERING I PUBLIC WORKS ❑ Oppose 13125 SW hall B1vd. Tigard, OR 97223 the extension of the sanitary sewer main line to serve your neighborhood? , E , Sreth5 G e_4.5 g DEC `> /WO Your Name (optional) r 3 / 4NN 9 / e;t4;- is °i v 0 .. i .. iGAi-k) 100TH AVE DIST NO. 42 FY 2009-10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1/4 SECTION 11 T2S R1W W.M. i- ce Y ce O N m m w M U. Z Ce N > / a\ p 100TH AVE J i Q Z O p c� 100TH AVE ...r . J W U Q W W W I- it.._ N W Z 103RD AVE / / - z o VICINITY MAP NTS CITY OF TIGARD, OREGON / GON RESOLUTION NO. 01- `� A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT 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 program 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 through Resolution No. 00 -60; and WHEREAS, City Council finds that residential areas that remain 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 be 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. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not 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 lot 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. O1 q� 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. EF'F'ECTIVE DATE: July 10, 2001 PASSED: This / D day of 2001. • Ant .- �, • . �. � / ayor Ci of ' !,ard ii ATTEST: ItA4 !L: , , —' 1. J i Recorder - City of . _ard . I:\Citywide\Res\Resolution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO. 01- (! Page 2 TABLE 1 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 ST No.11 8,000 July 11, 2003 106 & JOHNSON No.12 5,598 No reimbursement available 100 & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 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 yoors from service availability ROSE VISTA No.20 - determined once final costs are determined. ' Currently being constructed CITY OF TIGARD, OREGON RESOLUTION NO. 03- 55 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO. 01— 46). 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 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 IT RESOLVED by the Tigard City Council that: SECTION 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 deferred 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. 01 -46, 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 of Resolution 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- 55 Page 1 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 the lot. The recording will not create a lien. 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 peuuitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This P ' day of CG 2003. .M Cit o fTig Craig E. Dirksen, Council President ATTEST: 1 City Recorder - City of Tigard i:terglprepkreimboteemern distnetskevislons res 01.48 aup 2603 oct 14 03 counctS10 -14-03 a00itlon to res 1-46 res.doc RESOLUTION NO. 03- 55 Page 2 • Agenda Item No. 4 Date: January 25, 2011 SUPPLFMENTAL PP.rkr T FOR TESTIMONY (DATE OF MEETING) 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 ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 42 -100 AVENUE Due to Time Constraints City Council May Impose A Time Limit on Testimony Agenda Item No. 4 Date: January 25, 2011 PLEASE PRINT Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. `g EU e to-zr-Of --� , (6t)3) L Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 4k94e, 4Itty lei, 541 046 limo % 9 arA,C94 Q7211 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. yY� pert a tf cAn -trC I913uSwtw ' Ave, 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. Reimbursement District #42 Testimony 11 /25/2011 I support the concept of formation and improvements within the City of Tigard Reimbursement District's subject to the conditions reflected herein: 1. Delay of Reimbursement District for 1 more year (2012) to allow for other pending and potential developments to carry the burden of these RD #42 costs. 2. Construction should start July 1 due to unstable "soft soil" construction conditions which will drive up the costs of RD #42 (which are already excessive when compared to other similar RD #37 and #41. p. u.. 3. Consideration of all comments submitted previously and within city council Z 0 testimony. ,, r. 4. The current design and construction documents are not comprehensively accurate nor completed yet. Q. f D , 5. Prejudicial and /or Discriminatory Application within Reimbursement CO o� Districts: It is commendable when elected City Council Members and their Mayoral representatives are A not considered prejudicial or discriminatory. But the current city Reimbursement District application to properties appears to be that way, and needs to be revisited by our council for correction. My point is that the City can assess properties for sanitary sewer services on a "square foot basis of property ", and then apply City offset credits also on a "square foot basis of property." It can also assess property on a "per lot basis ", and apply City offset credits also on a "per lot basis." But to mix -n -match these assessments and credits is a form of discrimination and prejudice. And, unfortunately, that is exactly how our current reimbursement districts assessments are being presented (please reference attached "Exhibit A "). And by allowing properties to be assessed on a per square foot basis, but applying the City funded offset on a per lot basis, some properties are being subsidized at only a 15 -17 percent participation by the City, while others are being subsidized at a 60 -70 percent participation by the City. This is not only prejudicial, discriminatory, and unfair, but it also 'lust plain wrong! Additionally, when a larger parcel is split into multiple parcels prior to a reimbursement district being formed, the application of the "lump sum" City offset credit is unnecessarily benefiting those parcels at the expense of other neighboring parcels. The use of the per - square -foot application of the City offset credit would not benefit any one parcel over another and therefore would maintain equity among differing size parcels regardless of their contiguous ownership or otherwise. It is therefore requested that the City Council reconsider the method that is used to apply City Reimbursement District offset credits, and modify the application of them to be equitably shared among all properties so as to not be prejudicial and discriminatorily applied as is currently the case. 6. Unnecessary Depths of Sewers in the City Right - of - Way (ROW): Depths of Sewers are only required to "accommodate" property line access by dwellings. How those dwellings are positioned on the property, and raised or lowered by their builder /owner is not a requirement to be accommodated by the city or subsidized by other property owners within a particular Reimbursement District. If an Owner chooses to position Reimbursement District #42 Testimony [ 1/25/2011 a dwelling and create a daylight basement, that is their choice, however if that dwelling then requires a pump station to transfer their sewage to the city street, that too is the Owner's choice. Be it a new dwelling or an older dwelling, this is a consideration owners and potential buyers must consider prior to building or purchasing the property and its structure(s). It is not the neighborhoods' responsibility to accommodate a minority of properties poor choices of building options. 7. Untimely Timing of Reimbursement District assessments, hook -ups, and septic decommissioning: We are currently, and have been for some time, in a national and local recession. For those who may not be aware of that, it's in all the economic indicators, and is evidenced by recent significant Federal Reserve cuts in the prime lending rate. This is a time of uncertainty, and a good time for citizens to be cautions with their available savings, investments, and employment outlook. This is not a time for the City to be requesting or mandating significant sums of personal resources to be spent by its citizens on unnecessary expenses that could easily be deferred a year or two until the economic outlook has improved. This is the case with current Reimbursement Districts, such as RD #42. For the area being considered for this Reimbursement District, there are no current "struggling" septic systems. There is however, numerous developments that could easily defray the costs of this reimbursement district to its residents being affected by the RTD costs. With a number of residents being retired and on fixed incomes, and with the average cost to connect and pay the assessment running between $12K and $14K, the instigation of RD #42 just doesn't have any common sense. An additional, one or two years to let these developments occur can mean significant savings to those who can least afford it currently. 1 100TH AVENUE Reimbursement District No. 42 Estimated Cost to Property Owners January 4, 2011 ESTIMATED ESTIMATED AMOUNT AMOUNT THAT OWNER SITE ADDRESS TAX LOT ID AREA (S.F.) AREA (AC) REIMBURSEMENT TO BE PAID BY AMOUNT TO BE PAID CAN BE FEE OWNER BY CITY DEFERRED BY CIWNFR 1 PETERSEN, DAVID 14085 SW 100TH 25111BB00300 13,400 0,308 $12,731 $6,000 $6,731 $0 2 RIVER PRESERVATION LLC 14135 SW 100TH 2S111BB00400 32,551 0.747 $30,926 $21,926 $9,000 $15,926 3 RANDALL, MARIA L 14130 SW 100TH AVE 2S111BA00805 31,690 0.728 $30,108 $21,108 $9,000 $15,108 <--- 4 RUEDY, ROBERT E 14185 SW 100TH AVE 2S111BB00500 49,518 1.137 $47,046 - -- $38,046 $9,000 $32,046 5 DOERING, JOSHUA N & ANGIE L 14170 SW 100TH AVE 2S111BA00802 31,828 0.731 $30,239 $21,239 $9,000 $15,239 6 FAST CASH HOUSE BUYERS LLC 14220 SW 100TH AVE 2S111BA00801 24,664 0.566 $23,432 $14,432 $9,000 $8,432 7 SMITH, SHELLEY A & ENGWEILER, GLENN 14270 SW 100TH AVE 2S1118A00807 24,788 0.569 $23,550 $14,550 $9,000 $8,550 -- 8 COLLING, JOYCE C EMPTY LOT 251118800600 56,798 1.304 $53,963 "_ $44,963 $9,000 $38,963 •J9 KASTEL, CHARLES G & MARY J TRS 14259 SW 100TH AVE 2S111BB01100 41,347 0.949 $39,283 = $30,283 $9,000 $24,283 10 BIRNEY, JEFFREY D & NORIKO 14265 SW 100TH AVE 251110800800 15,283 0.351 $14,520 $6,000 $8,520 $0 ,, -'1 1 KARR, EVELYN E REV LIV TRUST 14280 SW 100TH AVE 2S111BA00900 35,158 0.807 $33,403 --- $24,403 $9,000 $18,403 12 POLIVKA, JON 8 CAMPELL - POLIVKA, HOLLY M 14305 SW 100TH 2S111BB00700 15,207 0.349 $14,448 $6,000 $8,448 50 13 JONES, VERNON G & COLLEEN D 14320 SW 100TH AVE 2S111BA02300 14,334 0.329 $13,618 $6,000 $7,618 $0 --.-3 LEE, SAMUEL & KYUNG 14345 SW 100TH 2S111BC00100 55,129 1.266 $52,377 - $43,377 $9,000 $37,377 15 UM, EUNKYU C & KWANG Y 10150 SW VIEW TER 2S111BC01300 15,127 0.347 $14,372 $6,000 $8,372 $0 16 BOGERT, MARK H & MARY E 14445 SW 100TH 2S111BC00200 20,457 0.470 $19,436 $10,436 $9,000 $4,436 17 HOWSE, DIANNA L & ONRELAS, STEVE F 14415 SW 100TH 2S111BC00300 16,046 0.368 $15,245 $6,245 $9,000 $0 18 PHILLIPS, AMY & LINN, JEREMY J 10220 SW VIEW TER 2S111BC01100 15,034 0.345 $14,284 $6,000 $8,284 $0 19 SEARS, ALLEN C 10190 SW VIEW TER 2S111BC01200 15,029 0.345 $14,278 $6,000 $8,278 $0 20 BAUMAN, WAYNE & MARY 10270 SW VIEW TER 2S111BC01000 15,246 0.350 $14,485 $6,000 $8,485 50 21 BUEHLER, GREGORY & SARA L. 10145 SW VIEW TER 2S1116C01400 15,246 0.350 $14,485 $6,000 $8,485 $0 22 MUDROW, MICHAEL & DIANE C. 10185 SW VIEW TER 2S111BC01500 14,810 0.340 $14,071 $6,000 $8,071 50 23 PROUTY, JAASON & AMY E 10225 SW VIEW TER 2S111BC01600 15,246 0.350 $14,485 56,000 $8,485 $0 Totals 583,936 13.41 $554,785 5357,008 5197,776 Except for the maximum amount of $9,000 to be paid by the City, all the fees are estimated at this time. The final fee to be paid by each property owner will be determined once the construction is complete and final costs are recalculated to reflect actual project costs. The final fee will be specified in the City Engineer's report, which will be submitted to City Council for approval upon completion of the construction. The amount that each owner will be required to pay is limited to $6,000.00 for connections completed within three years of City Council approval of the final cost. In addition to $6,000, owners will also be required to pay any fair share amounts that exceed $15,000.00. The reimbursement fee of $9,000.00 (the difference between $15,000.00 and $6,000.00) would be paid by the City if connections are made within the first three -year (the fee is shown in the "Amount to be paid by the City" column). Consequently, the total estimated amount responsible by each property owner is shown - under the "Estimated Amount to be paid by Owner" column. However, payment of the amount in excess of $15,000.00 may be deferred until the owner's lot is developed. Owners will also be required to pay a connection fee, currently 52,835.00, at the time of connection to the public sewer. In addition, owners are responsible for disconnecting their existing septic systems according to Washington County rules and for any other modifications necessary to connect to the public sewer. Owners are not required to pay any fees until they decide to connect. N Ref: Resolutions 01 -46 and 03 -55 1 PAGE 3 OF 4 1 I / k1.I 5 w ccA, /Lob C OM-rip ( crv, - - . °� i .� a AIS -261 Item #: 5. Business Meeting Date: 01/25/2011 l Length (in minutes): 15 Minutes Agenda Title: Consider Amending Tigard Municipal Code Chapter 12, Water and Sewers Prepared For: Greer Gaston Submitted By: John Goodrich Public Works Item Type: Ordinance Meeting Type: Council Business Meeting - Main ISSUE Shall the Council adopt an ordinance to update Tigard Municipal Code Chapter 12, Water and Sewers? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Council adopt the ordinance. KEY FACTS AND INFORMATION SUMMARY The City of Tigard Municipal Code Chapter 12, Water and Sewers, is outdated. Much of this chapter was inherited from the Tigard Water District in the early 1990s. Staff has reviewed the entire chapter and is proposing changes: 1. Chapter 12.01, Utility Services Rule and Regulations - This new chapter addresses definitions, authority, agreements, responsibilities and establishes a framework for the development of administrative rules. 2. Chapter 12.03, Billing and Collection of Utility Charges - The revised chapter addresses rates, charges, fees, penalties and collections. The majority of this chapter has been removed from the municipal code. The information contained in the chapter was updated and incorporated into administrative rules. 3. Chapter 12.10, Water System Rules and Regulations - The revised chapter addresses rules and regulations as they apply to water utility policies. Some sections of this chapter have been removed from the municipal code. The information from these sections was updated and incorporated into administrative rules. Outdated, inconsistent or non- applicable sections were deleted. Much of the overall focus of the proposed amendments is to remove day -to -day business practices from the municipal code. Business practices are instead incorporated into administrative rules. While these rules implement City regulations, Council policies and exiting practices, they are designed to be more accessible and "user- friendly" than the municipal code. In short, the creation of administrative rules will improve the City's ability to communicate basic utility practices to its customers and the general public. Additionally the code amendments establish a procedure to update the administrative rules. The procedure includes a public review and appeal process. Many of the proposed code amendments and administrative rules were initiated at the request of the Intergovernmental Water Board. The Board provided input regarding water - related business practices. This input was incorporated into the administrative rules. The Board is supportive of the code amendments and the shift to administrative rules. The code amendments and the administrative rules were reviewed by the City Attorney. OTHER ALTERNATIVES The Council could choose to not adopt the municipal code amendments. The existing municipal code would remain in effect. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS This action supports Council Goal #4 - Advance Methods of Communication a. External: Develop communication strategy and methods in support of City goals. b. Internal: Support staff efforts to change the organizational culture to create a proactive environment of exceptional people and service, promoting the values of "respect and care," "get it done," and "do the right thing" (Strategic Clarity). The amendments to Chapter 12 and the use of more accessible and "user- friendly" administrative rules will improve the City's ability to communicate basic utility practices to its customers and the general public. DATES OF PREVIOUS COUNCIL CONSIDERATION The Council reviewed and discussed these code amendments and administrative rules at its October 19, 2010 workshop meeting. Fiscal Impact Fiscal Information: There is no fiscal impact associated with the adoption of the proposed municipal code amendments. Attachments Ordinance Exhibit A - Chapter 12.01 Exhibit B - Chapter 12.03 Redline Version Exhibit C - Chapter 12.03 Final Version Exhibit D - Chapter 12.10 Redline Version Exhibit E - Chapter 12.10 Final Version CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 11- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 12, WATER AND SEWERS WHEREAS, the Tigard Municipal Code Chapter 12, Water and Sewers, is outdated; and WHEREAS, the City is implementing administrative rules for utility services; and WHEREAS, the proposed code amendments and the utility services administrative rules complement one another; and WHEREAS, many of the proposed code amendments and administrative rules were initiated at the request of the Intergovernmental Water Board; and WHEREAS, the Intergovernmental Water Board's input was incorporated into the administrative rules and the Board is supportive of the code amendments and the shift to administrative rules; and WHEREAS, the code amendments and administrative rules were reviewed by the City Attorney; and WHEREAS, the amendments to Chapter 12 and the use of more accessible and "user- friendly" administrative rules will improve the City's ability to communicate basic utility practices to its customers and the general public; and WHEREAS, the Council was briefed on the code amendments and administrative rules on October 19, 2010; and WHEREAS, the amendments to the Tigard Municipal Code are extensive, so both the "redline" version showing the edits, and the "final" version showing the document in final form are provided for Chapters 12.03 and 12.10. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 12.01, Utility Services Rules and Regulations, is added to the Tigard Municipal Code as shown in Exhibit A. SECTION 2: Chapter 12.03, Billing and Collection of Utility Charges, of the Tigard Municipal Code is amended as shown in Exhibit B, (redline version), and Exhibit C, (final version). SECTION 3: Chapter 12.10, Water System Rules and Regulations, of the Tigard Municipal Code is amended as shown in Exhibit D, (redline version), and Exhibit E, (final version.). SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 11- Page 1 PASSED: By vote of all Council members present after being read by number and title only, this day of , 2011. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2011. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 11- Page 2 Exhibit A New Chapter Chapter 12.01 UTILITY SERVICES storm and surface water drainage system RULES AND REGULATIONS. as the impervious surface on an average single family residential user. One (1) Sections: ESU equals 2,640 square feet of 12.01.010 Definitions. impervious surface area or any portion 12.01.020 City Authority. thereof. 12.01.030 Power to Grant Variances. 12.01.040 Amendments. Intergovernmental Water Board (IWB) is a 12.01.050 Agreements with other representative board of five (5) members Utility Services Providers. and was established through 12.01.060 Utility User Charge. intergovernmental agreement between the 12.01.070 Application for Utility City of Tigard with the City of Durham, Services. and City of King City, and the Tigard 12.01.080 Responsibility of Property Water District. Each jurisdiction is Owners and Tenants. represented by a member and one 12.01.090 Violation of Utility Services member is appointed at large. The Code. purpose of the IWB is to make 12.01.100 Administrative Rules. recommendations to the Tigard City Council on water related issues and to 12.10.010 Definitions. carry out other responsibilities set forth in the agreement. City shall mean the City of Tigard Managing Authority shall mean the entity City Manager shall mean the City Manager assigned authority to manage, set fees and of the City of Tigard or the City Manager's charges, and adopt and enforce practices designee (Title 2, Section 2.04) and procedures. Clean Water Services is the special district Person means any individual, group or with managing authority for the Sanitary legal entity. Sewer and Surface Water Management systems within the City of Tigard Responsible Party means the person boundary. responsible for curing or remedying a violation, and includes the owner of Customer means the person in whose property, or the owner's manager or agent name service is rendered, as evidenced by or other person in control of the property a request for service, receipt of service, on behalf of the owner; person(s) signature on an application for service or occupying the property, including lessee, by receipt and payment of bills for service. tenant or other person having possession; person(s) alleged to have committed the Equivalent Service Unit (ESU) is a unit of acts or omissions, created or allowed the measure of impervious surface. One ESU condition to exist, or placed or is equal to the estimated amount of transported eroded soil, tampered, or impervious surface that would contribute enacted the violation. the same amount of runoff to the city's 12 -01 -1 Code Update: 02/ 11 Equivalent Dwelling Unit (EDU) is a unit charges associated with water service to of measure that standardizes all land use the Tigard Water Service Area and fees types (housing, retail, office, etc.) to the and charges associated with City services level of demand created by one single- and sewer for portions of the city which family housing unit. are provided water service by Tualatin Valley Water District (`I'VWD). Surface Water Management System means all natural and man -made facilities utilized All City provisions, rules, regulations, by the Surface Water Utility to regulate the standards, fees, and charges regarding quantity and quality of surface water, water utility services provided by the City including drainage easements, culverts, as managing authority shall apply to the storm drains, catch basins, stream Tigard Water Service Area. The City corridors, rivers, ponds, wetlands and Manager or designee shall have the impoundments. authority to establish written practices and procedures to inform and enforce Tigard Water Service Area (TWSA) shall provisions, rules, regulations, standards, mean the territory within the boundaries fees, and charges as adopted by City of City of Durham, City of King City, Council. Tigard Water District and the portion of the City of Tigard not served by Tualatin 12.01.030 Power To Grant Variances. Valley Water District (TV WD). The City Council authorizes the power to Water Unit is a measure of one hundred grant variances related to utility services as (100) cubic feet of volume of water, often follows: referred to as 100 CCF and equals 748 gallons of water use. 1. The City Manager or designee shall have the power to waive water utility fees Utility means sewer, water and surface and charges up to an amount adopted by water management services provided by resolution by the City Council and the City of Tigard. Intergovernmental Water Board. 12.01.020 City Authority. 2. The City Manager or designee is authorized to make leak adjustment credit The sewer and surface water management or waiver of fee determinations based on utility systems, and other services within City practices and procedures and all the City limits including all connections decisions are considered final. (Ord. 02- and contributions to the utility systems, 29, Ord. 96 -02, TMC 12.03) are under the exclusive control of the City. The City also is the managing authority to provide water service to the Tigard Water 3. The Intergovernmental Water Service Area by adoption of Board may grant variances from the water intergovernmental cooperative agreement system rules and regulations enacted by with other municipal corporations and the City of Tigard when it finds that: 1) special districts. The City collects fees and strict application of the rules and 12 -01 -2 Code Update: 02/ 11 regulations create undue economic hardship for the applicant with no 3. Provision of utility services within significant benefit to the water system; 2) the City limits by any other municipal the variance requested has no material corporation, special district or utility adverse effect upon the water system and company. it is consistent with established practices and procedures of the Tigard City Council. 12.01.060 Public Works Utilities Fees and Charges Schedule. 4. The Intergovernmental Water 1. Public Works Utility fees and Board may not grant variances relating to charges shall be applied to all persons who annexation of property, fire protection use property in a manner which requires requirements, cross - connection City utility facilities or services. The Public requirements, fees, rates and charges. Works utility fees and charges shall consist (Ord. 93 -34) of the following three component charges: The water utility user "customer charge ", 12.01.040 Amendments. the "sanitary sewer service" Base and Use charge, and the "storm and surface water" The City may at any time amend, change service charge and surcharge. If a or modify any rule, rate or charge, or make customer does not put property to a use any special rule, rate or contract, and all which requires one or more of the water service is subject to such power. component utility facilities or services, the (Ord. 93 -34) customer shall not be charged for such component utility service. 12.01.050 Agreements with Other Utility Service Providers. 2. Public Works Utilities fees and charges shall be established by resolution of the The City may provide utility service to or City Council in an amount reasonable and receive utility service from any other utility necessary to fund the administration, services providers pursuant to agreement planning, design, construction, water authorized by the City Council. Such quality programming, operation, agreements may include, but are not maintenance and repair of the City's utility limited to: systems. The component utility charges shall be based on use of the component 1. Sale or purchase of surplus water utility service, determined as follows: to or from any other municipal corporation, special district or utility a. Water Usage Charges shall be company. based on the amount of water used by the customer as indicated by a water meter 2. Sale or purchase of treatment and /or the cost of providing water service services to or from any other municipal to a structure. corporation, special district or utility company. b. Sanitary Sewer Service base and use charges shall be based a customer's 12 -01 -3 Code Update: 02/ 1 average water use during three applicable 12.01.070 Application for Utility winter billing cycles. The rationale for this Service. method of calculating sewer use is that water is used primarily for in house Application to use the City utility system purposes in the winter and is thus shall be made to the City Finance / discharged in an equivalent amount into Information Department. The application the City's sanitary sewer system. If no shall be made in such form as may be average water charge is available for a required by the City. The City may require particular account, the sewer utility user such application to be in writing, or may charge shall be based upon an estimated allow application by telephone or other equivalent until such time as average water method. All persons receiving utility use can be determined. If actual average service but for whom no account exists to water use is lower than the estimated pay for such services shall be deemed to equivalent, the customer shall be entitled be applicants for such service and shall be to a refund of the amount charged in billed for such service. excess of actual average water use. Water service within the Tigard Water c. Storm and Surface Water service Service Area will be furnished for ordinary and surcharge fees shall be based upon the domestic, business and community amount of impervious surface used by a purposes, and fire protection only. No customer. Owners or occupants of water service will be provided for the undeveloped property shall not be direct operation of steam boilers, charged. Each customer using a location machinery or golf courses, except on an for single family residential shall be interruptible basis, and the City will charged a uniform rate based upon assume no responsibility therein. containing one equivalent service unit (ESU). The charge for all other parcels 12.01.080 Responsibilities of Property shall be based upon the total amount of Owners and Tenants. measured impervious surface used divided by one ESU and rounded to the nearest Owners of property served by City utility whole number. The actual service charge facilities that are not the customer shall shall be computed by multiplying the not be responsible for any delinquent amount of ESUs measured for each use by utility charges which the customer fails to the rate established for each ESU. pay. If water service is terminated because of delinquent non - payment, and the customer vacates the premises leaving an 3. Street Maintenance Fees shall be outstanding bill, service shall be restored billed and collected during the same billing at the request of the property owner or frequency as other utility fees and charges. new tenant without requiring the property These fees are adopted by Council and are owner or new tenant to pay the based on residential and non - residential outstanding bill. rates as listed in the City of Tigard Fees and Charges Schedule. A customer who is a tenant shall continue to be responsible for delinquent utility 12 -01 -4 Code Update: 02/ 11 charges until paid regardless of relocation No unauthorized person shall tamper to a premise different from the premise at with, alter, or damage any part of the City which the delinquent charges were utility system, reservoir system, pumping accrued. The City may refuse to provide service to such tenant at any new address, station, surface water management system, may add the delinquent charge to the metering facilities, open or close any fire tenant's utility bill, and /or may terminate hydrant or service line. No person shall water service until the delinquent bill is alter the utility service in a manner which paid. The City may also pursue any action would allow service to more than one available under the laws of the City or household without applying for service State of Oregon to recover payment. and complying with this Code. The Council may establish a tampering fine by 12.01.090 Violation of Utility Services resolution for violation of this provision. Code. This fine may be included in the utility bill. Failure to pay that fine can result in 1. Waste discontinuance of service. No customer shall cause or permit 4. Violations. water to run or be discharged through the fixtures, pipes or faucets on the customer's A. Violation of this section is premises in excess of the quantity punishable by a fine of not more than necessary for domestic, irrigation or other $5,000. Violation of this section a second permitted purposes under this Code. or subsequent time within a 24 -month period is punishable by a fine of not less 2. Damage. than $1,500 and not more than $5,000. No person shall willfully or maliciously 5. Code Violation a Civil Violation. damage or in any manner interfere with or remove any of the pipes, valves, back flow In addition to the other penalties prevention devices, meters, lock seals, provided by this Code and State law, a surface water management systems or violation of any requirement of the Utility other property belonging to the City or Code shall be a civil violation pursuant to used in connection with the City utility Tigard Municipal Code 1.16 and may be system. Any person violating this section prosecuted in the Municipal Court of the shall be charged for all costs associated City of Tigard. (Ord. 94 -19) with repairing any such damage or interference, plus any penalty. This charge 12.01.100 Administrative Rules. may be added to the utility bill. Failure to pay such repair charges shall be a basis for 1. The purpose of administrative rules discontinuance of service. shall be to describe the business and regulatory practices or procedures 3. Tampering. necessary to implement city regulations and policies as adopted by Council. 12 -01 -5 Code Update: 02/ 1 A. Council authorizes the City administrative rules will be effective on Manager or designee to develop, amend, the 14th day after adoption by the City and use administrative rules to implement Manager or designee unless a written practices and procedures necessary to protest is received by the City Manager or administer, operate, and maintain utility designee. services to the public. e. If written protest of the B. Administrative rules shall be proposed administrative rule is received consistent with standard utility business by the City Manager or designee on or practices, and Council adopted policies, rules, procedures, and resolutions. before the fourteenth day after adoption, the City Manager or designee shall refer 2. Prior to the adoption of an the administrative rule to the City Council administrative rule the City Manager or for a public hearing. The Council may designee will: adopt, modify or reject the administrative A. Publish a notice in a rule. The Council's decision on the newspaper of general circulation in the City. contents of the proposed administrative The notice must be published not less rule shall be final and effective upon than 14 days before the deadline for Council action. receipt of comments. The notice shall provide a brief description of the subjects 4. All administrative rules must be covered by the proposed administrative filed in the office of the City Manager or rule; the final date for acceptance of written comments; the location to submit designee. (Ord. 09-05 §1) comments and the location where copies of the full set of the proposed rules may be obtained. B. The City Manager or designee will receive written comments regarding the proposed administrative rule. The City Manager or designee will take into consideration the written comments received and may either adopt, modify or reject the proposed administrative rule. C. I f a substantial modification is made to the proposed administrative rule, the City Manager or designee may adopt the modification, or provide additional public comments prior to adoption. D. Unless otherwise stated, all 12 -01 -6 Code Update: 02/ 11 Deletions are noted Exhibit B in blue strikeout Redline Version TIGARD MUNICIPAL CODE Chapter 12.03 BILLING AND COLLECTION 12.03.020 Rates, Charges, Fees, Penalties, OF UTILITY CHARGES. Collections. Sections: (a) Clean Water Services Resolution and Order number 95 -34 and Ordinance Number 12703704 aria Deftnitiens. 26,27,28, and 29 as amended are hereby adopted 12.03.020 Rates, Charges, Fees, Penalties, by reference and shall be in full force and effect as Collections. part of this municipal code. (b) Collections from utility customers will be applied first to interest, penalties or other fees and charges, then proportionately among the rest Ems. of charges for services billed or as provided by 12.03.050 Othcr Fee , . contract with Clean Water Services. ! ! .. . • (c) All Fees and Charges set forth in this . • . • ! •• • • .. • ' . chapter shall be set by resolution by the Tigard City Council. (Ord. 02 -29) 12.03.010 Deftnitiegs ( Utilit Ch rg P Any combination of water service chargos, (a) Billing Cycle Utility chargos will bo chargos or other fcos and chargos authorizcd by • - - . - -• - • ' .- ..--. • - tho Tigard City Council or the Clean Water _ _. _ .. _ • . _ _ : _ • _ _ • _.. . . _ - . • _ _ _ • 60 days after the prior billing for non water customers. Such utility bills shall state tho (b)—Delifiquent. :. • . . - - - • - - .. _ . •- . - _ . __ aro considered . delinistuent (b) Reminder Notice For those utility (c) User. _ . _ _ ... . _ .. .. . - • _ - ocoduros. Tho reminder . _ .. - . - - _ : , _ :t . • the-efigifial-bitl user. (Ord. 02 29) (c) Shut Off Notice For those utility 12 -03 -1 Code Update: 10/02 TIGARD MUNICIPAL CODE off. Tho City shall maintain a list of °" shut o ff .. .. _ . • _ . _ , . _ _:":-•:- . • - - • - - . - . • - • • • - - - • :7. •. . - When accounts for multifamily housing . • . - :t • . . :' - -- . complexes using master meters rather than (d) Shut Off Procedure All account.; .. ... _ .. • _ .. _ • Y listed and scheduled for shut off. The 48 hours forth in section 12.03.030. However, . .. . _ •. _ _ _ thirty days will be notified and turned off in the list. . _ -... • __ • • __ .! .! ! (Ord. 02 29) (o) Water Disconnection Charge for Non Payment A charge will be added to each -- • _ . - Customers: _ _ •• . _ . _ the shutoff procedure sot forth in 12.03.020 (c), - .. • ;7. - -- -- -• - - - (d), (o): . _ ... •• . : ! ! ' . .. (a) Dolinquont utility charge s—n be will not reconnected until the next regular The Finance Director or designee shall have the . •• - .. . • . : _ • . _ _ _. _ _ _. _ authority to select a collection agent and sign y • : _ !' . ....... • _ _ (b) Delinquent utility charges may be collected by filing a claim in the appropriate 12 -03 -2 Code Update: 10/02 TIGARD MUNICIPAL CODE (c) Delinquent utility charges may be - . - _ . ► : . - - • : - - . - - - • . • . - . - accounts or refunds shall be made as • . _ - • - - - - • - • - • t: - fellows: . • . . - - -= -. • cases, authority is granted as follows for . . - . • - -. • . - _ -. -- -. adjustments to utility charges and to the July 15. - - - - _ :. . collected by disconnecting utility services. • - -- ! .- . :t •_ __ • . •Disconnection may involve tho physical . - - . - - . • •• . 1 1 ! :t . _ _ _. _ _ • _ .. • • _ . e . ! failure of a user to receive a bill, correction of 29) . _. . - - • • - .' - • - -- • _ 1 • . ... (a) Returned Chock Charge A charge will ups: •. (b) The City Manager or designee all e • :: • • cause as defined in subsection (a). Tho City -..... .._ •. , •-- boxes, lid inserts, motors, pressure regulator materials. (Ord. 02 29) • • - - ! ! ! ! • . - - • : - • - • - Intorgovornmontal Water Board. The Finance • _ • h1 .' - -- - -- : -- . _ :. - - - -•- - tho next available agenda and so notify the 12 - - Code Update: 10/02 TIGARD MUNICIPAL CODE customer at least one week in advance. All • (d) The City may enter into a paymont agreement with a customor to facilitate tho paymont of delinquent utility charges. Such agreements shall not exceed the torm of three , -• - must be a legally binding agreement. Broach of . Tigard City Council. (Ord. 02 29) 1 1 •.- • 1 • • 96 02). • 12 -03 -4 Code Update: 10/02 Exhibit C Final Version TIGARD MUNICIPAL CODE Chapter 12.03 BILLING AND COLLECTION 12.03.020 Rates, Charges, OF UTILITY CHARGES. Fees, Penalties, Collections. Sections: (a) Clean Water Services Resolution and Order number 95 -34 and Ordinance Number 12.03.020 Rates, Charges, Fees, Penalties, 26,27,28, and 29 as amended are hereby adopted Collections. by reference and shall be in full force and effect as part of this municipal code. (b) Collections from utility customers will be applied first to interest, penalties or other fees and charges, then proportionately among the rest of charges for services billed or as provided by contract with Clean Water Services. (c) All Fees and Charges set forth in this chapter shall be set by resolution by the Tigard City Council. (Ord. 02 -29) 12 -03 -1 Code Update: 10/02 Deletions are noted in blue strikeout Exhibit D Additions are noted in blue underline Redline Version TIGARD MUNICIPAL CODE Chapter 12.10 WATER SYSTEM RULES 12.10.300 Findings And Declaration Of A AND REGULATIONS. Water Emergency. 4.10..310 Levels fProhibi Sections: 12.10.320 Enforcement. 12.10.330 Penalties. 12 .10.010 Appiieetien --For Sew+ee. 12.10.340 Water Shut -Off. 12.10.020 Use Of Water. 12.10.350 Definition: 12.10.030 Service Size. 12.10.040 Separate Connection. No service will be supplied or water 12.10.045 M M . 12.10.050 Furnishing Water. 12.10.060 Private Service Pipes. Ord. 93 34) 12.10.080 Jurisdiction. 12.10.020 Use Of Water. 12.10.090 Waste - Plumbing - Inspection. 12.10.100 Physical Connections With Water will be furnished for ordinary Other Water Supplies Or domestic, business and community purposes, and Systems. fire protection only. No water will be furnished 12.10.110 Cross Connection Control for the direct operation of steam boilers, Program. machinery or golf courses, except on an 12.10.120 Payment - Delinquency. interruptible basis, and the City will assume no (Repealed By Ord. 96 -02). responsibility therein. (Ord. 93 -34) 12.10.130 Water Rates. 4- 2 .'-.0:; -40 Disco tin Scrvi 12.10.030 Service Size. 12.10.150 Interrupted Service - Changes In Pressure. Upon the application for new water service, 12.10.160 Service Connection and payment of all charges, the City will install a Maintenance. service connection and meter of such size and 12.1 r70 —Main Extensions. location as approved by the Public Works 12.10.180 Limitation On The Use Of Department. Meter and water service piping shall Water. be sized as using the fixture count method as 4-2..10.190 Tempera r -Transient described in the State of Oregon Uniform Se+•'iee. Plumbing Code. The minimum size of any water meter, which connects to the city water system, 12.10.210 Meter Out -Of -Order - Test. shall be five- eights /three- fourths inch diameter. 12.10.220 Fire Hydrants. 12.10.230 Fire Hydrant - Temporary Use. In new subdivisions, the City may --allow 12.10.240 Illegal Use Of Fire Hydrant Or requires the installation of water mains, valves, Meter. hydrants and water services by the developer as a 12.10.250 Amendments - Special Rules - part of improvements, as described in this chapter. Contracts. All improvements and installations shall be in 12.10.260 Grievances. accordance with Public Improvement Design ! , _ ! ! ' • • Standards. (Ord. 02 -31; Ord. 93 -34) 12.10.280 Power To Grant Variances. 12 -10 -1 Code Update: 11/08 TIGARD MUNICIPAL CODE 12.10.040 Separate Connection. Consideration will be given to the City's ability to serve and to eligibility for annexation to the City A separate service connection will be of the property to be served. The City may required for each dwelling, apartment or motel, contract with other governmental entities for the place of business, and institution. All outlying provision of water. The terms of service will be buildings and premises used as a part of such defined by agreement and consistent with the dwelling place or business or institution may be terms of this Chapter. (Ord. 93 -34) served from such connection, as well as all buildings on such premises operated under the one 12.10.060 Service Pipe Standard and management. City shall prescribe the number of Maintenance. buildings to be served from one meter and such determination shall be final. (Ord. 02 -31; Ord. Service pipes of all sizes, within or without 93 -34) the premises, whether for domestic, commercial, or fire protection purposes, must be materials, quality, class, and size as specified by the state plumbing code or regulations of the City. = _ The service pipe within the premises and . _ throughout its entire length to the water meter or - • - . • . to the property line if the water meter is set behind . . _ the property line, must be kept in repair and • _ _ . . . t: .. • protected from freezing at the expense of the customer, lessee, or agent, who shall be responsible for all damages resulting from leaks \_ .. _ • _ . . e • . or breaks. (Ord. 02 -31; Ord. 93 -34) 02444 12 C c,._ W r ca k., 12.10.050 Furnishing Water. When a water leak occurs en-the-eustofnerls The City shall not be obligated to fumish and : install, at its expense, system facilities for all property within the City. The City shall, so far as reasonable and practicable and within its financial means, however, provide adequate source of supply, necessary primary feeder mains, storage facilities and other improvements necessary to _ make water service generally available to all areas - • - . - - within the City. Extensions to furnish water to - areas not now served by the City will be made at the expense of those persons requesting service. The application to the City for the credit Such extensions will be made by the City or by • . - - - - . • • - those expressly authorized by the City. A11 _ ! - . . _ the -leak. 12 -10 -2 Code Update: 11/08 TIGARD MUNICIPAL CODE Oregon Department of Human Board --e€ :.•:• . . . _ t: . Healt . (Included in this category are all pipe • . - - ... ! • ; lines, appurtenances and facilities of the City Ord. 96 02; Ord. 93 31) system and all pipes, appurtenances, pumps, tanks, storage reservoirs, facilities, equipment, 12.10.080 Jurisdiction Of Water System. appliances, etc., of other systems whether located within or on public or private property, or the The operation and repair of the City's water premises of a water customer.) system, including pipes, valves, pumps, reservoirs, fixtures, etc. is the complete - ' ' . • - ! - responsibility of the City's Public Works • •• ' -- •• - - • • - .. •• - . Department. No plumber, contractor, or other all reasonable times, to cntor upon private person will be allowed to connect to or operate L • - • any part of the City's water system up to and including the water meter. (Ord. 02 -31; Ord. 93- - • - • • , • . , , • • - • - . • . - , 34) !'. • .. . •, _ . 12.10.090 Waste - Plumbing - Inspection. Water will not be furnished to premises Any such connection shall be removed by the where it is allowed to run or waste to prevent customer within ten days after written notice to freezing or through defective plumbing or remove is given by the City. If not removed otherwise. Plumbing should be of 1 gh to t and within the time specified, the City may remove or first class and in conformance with the discontinue any connection which it may have for appropriate codes of the jurisdiction issuing the servicing the property. building permit, installed at the meter by the City to control •_ . • • .. • ... • . _ •- damage from varying pressures. Tke Public :: •• :: •• . : ,- _• : - . • : -•- : •:• 12.10.100 Physical Connections With No person shall interfere with or attempt to Other Water Supplies Or prevent the Public Works Director or other Systems. authorized representative from entering upon private premises and inspecting the property when Neither cross connections nor physical an emergency exists or the Public Works Director connections of any kind shall be made to any or authorized representative exhibits a warrant other water supply, whether private or public, authorizing entry. (Ord. 93 -34) without the written consent and approval of the City Council, and the written approval of the 12 -10 -3 Code Update: 11/08 TIGARD MUNICIPAL CODE 12.10.110 Cross Connection Control 3. Whore unique conditions oxist. Somo Program. :.••: - • -' •• • - The city maintains a cross connection control height. protect the public water supply of the City from contamination or D. A property owner must notify the City if pollution from potential cross connections; and to assure that approved backflow prevention assemblies or devices are tested and/or inspected annually_ as- follows= E. No approvod backflow prevention A. The installation- or maintenance of any . - . :•-:: �f-th _... . • : : __ ' :. F. All commercial, multi family, industrial, dirootod by tho City or its authorized representative(): B. Tho control or elimination of croc,& of tho water motor. At a minimum, this dovico ehall bo an approvod doublo check valvo • . e :::• - ... . - •.. • assemhhf - . ■ •_ .. - • • ... . _ G. Excopt as otherwise provided in this Rules, Ch. 333 61.070). 1. Thoso circumstances identified in seetio • - - • • - - . .. _ •- . • . 2. Where thorn is a firo protoction system, . ' eeRfleetie► 12 -10 -4 Code Update: 11/08 TIGARD MUNICIPAL CODE . • - . - _ • , accordance with the Accepted Procedures and Practice in Cross Connection Control Manual, .. _ _. . American Water Works Association, Pacific • 2: _ Northwest Section, current edition. 12.10.120 Payment - Delinquency. (Repealed by Ord. 96 -02). J. If tho City has not received the result of (Repealed by Ord. 96 -02, Ord. 96 -02; Ord. 93 -34) •• 12.10.130 Water Rates. All rates, fees and charges shall be set by resolution of the Tigard City Council. (Ord. 93- K. If a property owner fails to repair a 34) .. . . _ _ 12.10:140 Tempos ary Diseentinuanee Of _ ... _ , Ser'viees L. Tho City may discontinue water service . • _ .. .. _ .t . ! ! , aro paid. (Ord. 02 34; Ord. 93 31) 12.10.150 Interrupted Service - Changes _• • ... • ... - _ In Pressure. the City. The water may be shut off at any time for repairs or other necessary work with or without notice. Conditions may cause a variation of the • •. _ __ .._ , _. •.. pressure. The City will not be responsible for any . • .. , . _ ... . : . t damage caused by interruption of service or varying pressure. When service is interrupted, hot water faucets should be kept closed to prevent ••' : : :: : ::. :: _ backflow of hot water or steam. (Ord. 93 -34) O. Those requirements must be strictly 12.10.160 Service Connection Maintenance. system. (Ord. 07 11; Ord. 93 31) The City will maintain all standard service The practices and procedures for determining connections in good repair without expense to the appropriate levels of protection shall be in customers. Each customer is required to use 12 - - Code Update: 11/08 TIGARD MUNICIPAL CODE reasonable care and diligence to protect the water ••• , meter and meter box from loss or damage by • - •• . . • • , • --- freezing, hot water, traffic hazards, and other • . - ._• . causes, in default of which, such customer shall pay to the City the full amount of the resulting ...• - . damage. of tho City. Each customer is required to maintain ' '- • :t . • .. _ . . . vegetation and other obstruction free zone of a _ : • - •. . minimum of two feet around the water meters . • . •• . be*, fire hydrants or other water appurtenances.. Clear access to the meter shall be from the street side in a direct path to the water meter. Failure to maintain the area will result in City personnel .. , . .. . _ •• clearing the area to meet the City's meter reading ... , • . . _ _ _ . _ . • . . and maintenance needs. T "° ~" "° poftien —oftie cost of extension. The right to sleafing-the-artaThe City shall have no liability for trimming of maintaining vegetation in order to • .. • ! = •• . - • - • • - • • read meters. (Ord. 02 -31; Ord. 93 -34) = _• 4140,170 Main Extensiens< D a I b., Oterr. Each construction contractor shall be Whon design or supervision of - , , _ . ■ : City, a f e e in accordance with the Foes and - .. - . •- ' • , • • ' Size of such extensions, type of pipe, If water main cxtcnsion is necessary to extension- 12 -10 -6 Code Update: 11/08 TIGARD MUNICIPAL CODE came which may be made from timo to timo. (Ord. 02 31; Ord. 93 31) 12 -10 -7 Code Update: 11/08 TIGARD MUNICIPAL CODE 12.10.180 Limitation On The Use Of 13.10.210 Mete er— Test. - ( Formatted: Font: Bold Water. A. Limitation on the use of water as to hours, purpose, or manner may be prescribed from prior years. Tests will be made periodically time to time by order of the Public Works Director, based on a finding that the limitation is _ reasonable given the available and projected water supply and demand. Any order under this section he set by resolution of tho City Counoil. (Ord. 93 shall be reviewed by City Council at its next 34) session following issuance of the order. The City Council may affirm, withdraw or amend the order. 12.10.220 Fire Hydrants. B. The Public Works Director, the City Repealed by Ord. 02 -31. (Ord. 93 -34) Manager or the City Council may call for voluntary reductions in water use, including, but not limited to, voluntary rotational watering plans. 12.10.230 Fire Hydrant - Temporary Use. (Ord. 01 -15 §1, Ord. 93 -34) Any person who desires to use a fire hydrant 49 10. -190 Temporary Or Transient for temporary water supply must obtain Sera•iee: permission of the City. The charge for temporary use shall be set by resolution of the City Council. Temporary or transiont sorvico for Customer is responsible for repair and/or , • - . _ _ . ... • .. . replacement of damaged meter. (Ord. 93 -34) 12.10.240 Illegal Use Of Fire Hydrant Or each month of all accrued charges. Upon Meter. . - . . .. • . ' : Connection to a fire hydrant or meter without : - : • :': - : • - - •- : : :.:: proper authority is a Class 1 civil infraction. (Ord. 02 -31; Ord. 93 -34) 12.10.250 Amendments - Special Rules - installcd. (Ord. 93 31) Contracts. 12.10.200 Construet:on.vute_ The City may at any time amend, change or modify any rule, rate or charge, or make any __ :,•: _ . _ . _. •. . special rule, rate or contract, and all water service is subject to such power. (Ord. 93 -34) Council. The charges shall bo billed at (Ord. 93 31) 12 - - Code Update: 11/08 TIGARD MUNICIPAL CODE 12.10.260 Grievances. failure or any other event, the City Council may declare a water emergency and require that water Any grievance as to service or complaints usage must be curtailed. The declaration shall shall be made to the Public Works Director, who include the effective date, the reason for the shall attempt to resolve the problem. Any declaration and the level of prohibition declared. unresolved grievances as to service or complaints The City Council may include an estimated time shall be reported and will be considered by the for review or revocation of the declaration. (Ord. Intergovernmental Water Board at the Board's 01 -15 §2) next meeting. (Ord. 93 -34) 1 . .. AtIthorized-Repr-esentatives A. Level I Limited. The following • .. . • . . :. • . ' declaration .. . 93 34) _ _ - - - - 12.10.280 Power To Grant Variances. (a) New lawn, grass or turf that A. Except when prohibited by subsection B day° ° o d eclaration of a of this section, upon application, the Intergovernmental Water Board may grant variances from the water system rules and regulations enacted by the City of Tigard when it (b) High use athletic fields that finds that: 1) strict application of the rules and °ed f organ p ; regulations create undue economic hardship for the applicant with no significant benefit to the (c) If the Level I declaration so water system; 2) the variance requested has no provides, a mandatory material adverse effect upon the water system and rotational w g p F it is consistent with established policies of the be imposed rather than an Tigard City Council. absolute prohibition on B. The Intergovernmental Water Board may not grant variances relating to annexation of 2. Watering, sprinkling or irrigating property, fire protection requirements, cross - connection requirements, fees, rates and charges. (Ord. 93 -34) 12.10.300 Findings And Declaration Of A 3. Washing, wetting down or Water Emergency. •_ - , - , Upon finding that the municipal water supply is incapable of providing an adequate water areas; exeeptiens: supply for normal usage due to a drought, system 12 - - Code Update: 11/08 TIGARD MUNICIPAL CODE (a) Whore thoro is a do not include continuous or ti. .a. f a . include 6-Wasting--water by loaving Oregon Department of 7. Watcr line testing and flushing in ti odeli , ' water fmviime . •• 4. Washing trucks, cars, trailer- >. e - • - - except by commercial including any restriction or t fl e t ^..hi.,^ . - - - - . - regulation or order. B. Lovol II Moderato he- feNewing welfare of tho public is clean garbage trucks and ve hi e l^., that t_ rt fed 2. Watering of any lawn, grass or turf, and other perishables, or regardless-of-age-or-usage otherwise i.cd by Ia Owners/eperators- o€ ese 3. Watering, sprinkling or irrigating vehicles are encouraged �LLt,,o� flowers— slants, shrubbery, utilize — establishments—that trees, °de nol ding but not �- -Power — washing 4€ buildings, regandless-ef-purpose is-prohibited, 12 - - Code Update: 11/08 TIGARD MUNICIPAL CODE 12.10.330 Penalties. - • • . ' - • . - - - A. First Violation — Warning letter. situation. B. Second Violation of the same type — C. Level III Severe, In addition to the Class 3 infraction $50. C. Third violation of the same type — Class 2 infraction $100. D. Fourth and subsequent violations of the . - . • - same type — Class 1 infraction $250. (Ord. 01 -15 §5) events that ornate a risk of fire. In 12.10.340 Water Shut -Off. After the third violation of a curtailment . _. . _ - restriction, the Public Works Director may order that the water service to the location where the the City. (Ord. 01 15 §3) violation has occurred shall be shut -off or reduced. A shut -off notice shall be posted on the 12.10.320 Enforcement. property at least 48 hours prior to the scheduled shut -off or reduction. The shut -off notice shall A. Warning. The City shall send a letter of specify the reasons for the shut -off or reduction. warning for each violation of a Any person wishing to avoid a shut -off must curtailment restriction if no previous provide the Public Works Director with evidence letter of warning has been sent to the that the shut -off will create a health or safety risk. person responsible for the violation. All shut -offs imposed under this section shall be The letter of waming shall specify the temporary, not to exceed thirty (30) days, violation, may require compliance provided the applicable charges are paid prior to measures and shall be served upon the reconnection. person responsible for the violation. ::: •• :: -: • . == . = • :. Service may be in person, by office or .. -• . .. - .! .! substitute service or by certified or . (Ord. 01 -15 §6) registered mail, return receipt requested. 12:141450—Etertuittelh B. Civil Infraction. After the person responsible for the violation has As usod in Suctions 12.10.180 through received a warning letter, any 12.10.350: subsequent violation shall be treated as a civil infraction under Chapter 1.16. (Ord. 01 -15 §4) _:.. mandatory. (Ord. 01 15 §7) • 12 -10 -11 Code Update: 11/08 Exhibit E Final Version TIGARD MUNICIPAL CODE Chapter 12.10 WATER SYSTEM RULES fire protection only. No water will be furnished AND REGULATIONS. for the direct operation of steam boilers, machinery or golf courses, except on an Sections: interruptible basis, and the City will assume no 12.10.020 Use Of Water. responsibility therein. (Ord. 93 -34) 12.10.030 Service Size. 12.10.040 Separate Connection. 12.10.030 Service Size. 12.10.050 Furnishing Water. 12.10.060 Private Service Pipes. Upon the application for new water service, 12.10.080 Jurisdiction. and payment of all charges, the City will install a 12.10.090 Waste - Plumbing - Inspection. service connection and meter of such size and 12.10.100 Physical Connections With location as approved by the Public Works Other Water Supplies Or Department. Meter and water service piping shall Systems. be sized as using the fixture count method as 12.10.110 Cross Connection Control described in the State of Oregon Uniform Program. Plumbing Code. The minimum size of any water 12.10.120 Payment - Delinquency. meter, which connects to the city water system, (Repealed By Ord. 96 -02). shall be five- eights /three - fourths inch diameter. 12.10.130 Water Rates. 12.10.150 Interrupted Service - Changes In new subdivisions, the City requires the In Pressure. installation of water mains, valves, hydrants and 12.10.160 Service Connection water services by the developer as a part of Maintenance. improvements, as described in this chapter. All 12.10.180 Limitation On The Use Of improvements and installations shall be in Water. accordance with Public Improvement Design 12.10.210 Meter Out -Of -Order - Test. Standards. (Ord. 02 -31; Ord. 93 -34) 12.10.220 Fire Hydrants. 12.10.230 Fire Hydrant - Temporary Use. 12.10.240 Illegal Use Of Fire Hydrant Or Meter. 12.10.250 Amendments - Special Rules - Contracts. 12.10.260 Grievances. 12.10.280 Power To Grant Variances. 12.10.300 Findings And Declaration Of A Water Emergency. 12.10.320 Enforcement. 12.10.330 Penalties. 12.10.340 Water Shut -Off. 12.10.020 Use Of Water. Water will be furnished for ordinary domestic, business and community purposes, and 12 -10 -1 Code Update: 11/08 TIGARD MUNICIPAL CODE 12.10.040 Separate Connection. plumbing code or regulations of the City. A separate service connection will be The service pipe within the premises and required for each dwelling, apartment or motel, throughout its entire length to the water meter or place of business, and institution. All outlying to the property line if the water meter is set behind buildings and premises used as a part of such the property line, must be kept in repair and dwelling place or business or institution may be protected from freezing at the expense of the served from such connection, as well as all customer, lessee, or agent, who shall be buildings on such premises operated under the one responsible for all damages resulting from leaks management. City shall prescribe the number of or breaks. (Ord. 02 -31; Ord. 93 -34) buildings to be served from one meter and such determination shall be final. (Ord. 02 -31; Ord. 93 -34) 12.10.080 Jurisdiction Of Water System. 12.10.050 Furnishing Water. The operation and repair of the City's water system, including pipes, valves, pumps, The City shall not be obligated to furnish and reservoirs, fixtures, etc. is the complete install, at its expense, system facilities for all responsibility of the City's Public Works property within the City. The City shall, so far as Department. No plumber, contractor, or other reasonable and practicable and within its financial person will be allowed to connect to or operate means, however, provide adequate source of any part of the City's water system up to and supply, necessary primary feeder mains, storage including the water meter. (Ord. 02 -31; Ord. 93- facilities and other improvements necessary to 34) make water service generally available to all areas within the City. Extensions to furnish water to 12.10.090 Waste - Plumbing - Inspection. areas not now served by the City will be made at the expense of those persons requesting service. Water will not be furnished to premises Such extensions will be made by the City or by where it is allowed to run or waste to prevent those expressly authorized by the City. freezing or through defective plumbing or Consideration will be given to the City's ability to otherwise. Plumbing should be in conformance serve and to eligibility for annexation to the City with the appropriate codes of the jurisdiction of the property to be served. The City may issuing the building permit. contract with other governmental entities for the provision of water. The terms of service will be 12.10.100 Physical Connections With defined by agreement and consistent with the Other Water Supplies Or terms of this Chapter. (Ord. 93 -34) Systems. 12.10.060 Service Pipe Standard and Neither cross connections nor physical Maintenance. connections of any kind shall be made to any other water supply, whether private or public, Service pipes of all sizes, within or without without the written consent and approval of the the premises, whether for domestic, commercial, City Council, and the written approval of the or fire protection purposes, must be materials, Oregon Department of Human Included in this quality, class, and size as specified by the state category are all pipe lines, appurtenances and 12 - - Code Update: 11/08 TIGARD MUNICIPAL CODE facilities of the City system and all pipes, (Repealed by Ord. 96 -02, Ord. 96 -02; Ord. 93 -34) appurtenances, pumps, tanks, storage reservoirs, facilities, equipment, appliances, etc., of other 12.10.130 Water Rates. systems whether located within or on public or private property, or the premises of a water All rates, fees and charges shall be set by customer. resolution of the Tigard City Council. (Ord. 93- 34) Any such connection shall be removed by the customer within ten days after written notice to remove is given by the City. If not removed 12.10.150 Interrupted Service - Changes within the time specified, the City may remove or In Pressure. discontinue any connection which it may have for servicing the property. The water may be shut off at any time for repairs or other necessary work with or without notice. Conditions may cause a variation of the No person shall interfere with or attempt to pressure. The City will not be responsible for any prevent the Public Works Director or other damage caused by interruption of service or authorized representative from entering upon varying pressure. When service is interrupted, hot private premises and inspecting the property when water faucets should be kept closed to prevent an emergency exists or the Public Works Director backflow of hot water or steam. (Ord. 93 -34) or authorized representative exhibits a warrant authorizing entry. (Ord. 93 -34) 12.10.160 Service Connection Maintenance. 12.10.110 Cross Connection Control The City will maintain all standard service Program. connections in good repair without expense to the customers. Each customer is required to use The city maintains a cross connection control reasonable care and diligence to protect the water protect the public water supply from meter and meter box from loss or damage by contamination or pollution from potential cross freezing, hot water, traffic hazards, and other connections; and to assure that approved backflow causes, in default of which, such customer shall prevention assemblies or devices are tested and /or pay to the City the full amount of the resulting inspected annually. damage. The practices and procedures for determining appropriate levels of protection shall be in Each customer is required to maintain accordance with the Accepted Procedures and vegetation and other obstruction free zone of a Practice in Cross Connection Control Manual, minimum of two feet around the water meters, fire American Water Works Association, Pacific hydrants or other water appurtenances.. Clear Northwest Section, current edition. access to the meter shall be from the street side in a direct path to the water meter. Failure to maintain the area will result in City personnel clearing the area to meet the City's meter reading 12.10.120 Payment - Delinquency. and maintenance needs. The City shall have no (Repealed by Ord. 96 -02). liability for trimming of maintaining vegetation in order to read meters. (Ord. 02 -31; Ord. 93 -34) 12 - - Code Update: 11/08 TIGARD MUNICIPAL CODE The City may at any time amend, change or 12.10.180 Limitation On The Use Of modify any rule, rate or charge, or make any Water. special rule, rate or contract, and all water service is subject to such power. (Ord. 93 -34) A. Limitation on the use of water as to hours, purpose, or manner may be prescribed from time to time by order of the Public Works Director, based on a finding that the limitation is reasonable given the available and projected water supply and demand. Any order under this section shall be reviewed by City Council at its next session following issuance of the order. The City Council may affirm, withdraw or amend the order. B. The Public Works Director, the City Manager or the City Council may call for voluntary reductions in water use, including, but not limited to, voluntary rotational watering plans. (Ord. 01 -15 §1, Ord. 93 -34) 12.10.220 Fire Hydrants. Repealed by Ord. 02 -31. (Ord. 93 -34) 12.10.230 Fire Hydrant - Temporary Use. Any person who desires to use a fire hydrant for temporary water supply must obtain permission of the City. The charge for temporary use shall be set by resolution of the City Council. Customer is responsible for repair and /or replacement of damaged meter. (Ord. 93 -34) 12.10.240 Illegal Use Of Fire Hydrant Or Meter. Connection to a fire hydrant or meter without proper authority is a Class 1 civil infraction. (Ord. 02 -31; Ord. 93 -34) 12.10.250 Amendments - Special Rules - Contracts. 12 -10 -4 Code Update: 11/08 TIGARD MUNICIPAL CODE 12.10.260 Grievances. 01 -15 §2) Any grievance as to service or complaints shall be made to the Public Works Director, who 12.10.320 Enforcement. shall attempt to resolve the problem. Any unresolved grievances as to service or complaints A. Warning. The City shall send a letter of shall be reported and will be considered by the warning for each violation of a Intergovernmental Water Board at the Board's curtailment restriction if no previous next meeting. (Ord. 93 -34) letter of warning has been sent to the person responsible for the violation. The letter of warning shall specify the 12.10.280 Power To Grant Variances. violation, may require compliance measures and shall be served upon the A. Except when prohibited by subsection B person responsible for the violation. of this section, upon application, the Service may be in person, by office or Intergovernmental Water Board may grant substitute service or by certified or variances from the water system rules and registered mail, return receipt requested. regulations enacted by the City of Tigard when it finds that: 1) strict application of the rules and B. Civil Infraction. After the person regulations create undue economic hardship for responsible for the violation has the applicant with no significant benefit to the received a warning letter, any water system; 2) the variance requested has no subsequent violation shall be treated as material adverse effect upon the water system and a civil infraction under Chapter 1.16. it is consistent with established policies of the (Ord. 01 -15 §4) Tigard City Council. B. The Intergovernmental Water Board may not grant variances relating to annexation of property, fire protection requirements, cross - connection requirements, fees, rates and charges. (Ord. 93 -34) 12.10.300 Findings And Declaration Of A Water Emergency. Upon finding that the municipal water supply is incapable of providing an adequate water supply for normal usage due to a drought, system failure or any other event, the City Council may declare a water emergency and require that water usage must be curtailed. The declaration shall include the effective date, the reason for the declaration and the level of prohibition declared. The City Council may include an estimated time for review or revocation of the declaration. (Ord. 12 -10 -5 Code Update: 11/08 TIGARD MUNICIPAL CODE 12.10.330 Penalties. A. First Violation — Warning letter. B. Second Violation of the same type — Class 3 infraction $50. C. Third violation of the same type — Class 2 infraction $100. D. Fourth and subsequent violations of the same type — Class 1 infraction $250. (Ord. 01 -15 §5) 12.10.340 Water Shut -Off. After the third violation of a curtailment restriction, the Public Works Director may order that the water service to the location where the violation has occurred shall be shut -off or reduced. A shut -off notice shall be posted on the property at least 48 hours prior to the scheduled shut -off or reduction. The shut -off notice shall specify the reasons for the shut -off or reduction. Any person wishing to avoid a shut -off must provide the Public Works Director with evidence that the shut -off will create a health or safety risk. All shut -offs imposed under this section shall be temporary, not to exceed thirty (30) days, provided the applicable charges are paid prior to reconnection. (Ord. 01 -15 §6) • 12 -10 -6 Code Update: 11/08 AIS -313 Item #: 6. Business Meeting Date: 01/25/2011 Length (in minutes): 10 Minutes Agenda Title: Report on National League of Cities Congress of Cities - Councilor Henderson Prepared For: Councilor Henderson Submitted By: Cathy Wheatley Administration Item Type: Meeting Type: Council Business Meeting - Main ISSUE Council Communications & Liaison Reports • Report on National Congress of Cities Conference - Councilor Henderson STAFF RECOMMENDATION / ACTION REQUEST KEY FACTS AND INFORMATION SUMMARY OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Attachments No file(s) attached. _ itaS1, o i / ' 6 --- DI'S 4 L 2 d & 001, oy - . 4 • • — . '‘.4. t t - 1 ' it 4 • ■ ' ," , " • . , ' . . /1,:■N • • t •-.'.. iiikkipp. t. 3:4 .f, . . ' ■ 4 ,..s ,1 - . : a ,, '1"Nor ''''' ' :IA "- ' ;,. - " - ' w ) x . " OA '' . '47 .. , , •., 0 9. ,, ,, ... • r. - 4 ....,4 6. , ,. ••••""-Of • t '. 4. - -l r . : ' i . „• - .• r :C. I i;," I ..- - .., • lidt '...-- .-. 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October 2010 • I • C L.E.I L Local Governments USA for Sustainability 1 Table of Contents Introduction 1 I. STAR Background and Development Process 2 About ICLEI -Local Governments for Sustainability USA About the STAR Community Index A National Framework to Drive Concerted Action Governance and Development Process Operating Assumptions Framework Terminology Criteria for Validation Measures Get Started with STAR and the Five Milestones for Sustainability Apply the STAR Sustainability Goals to Local Efforts Next Steps II. Guiding Principles and Sustainability Goals 10 Guiding Principles ICLEI List of STAR Sustainability Goals Natural Systems Goals Local G overnments Planning and Design Goals for Sustainability Energy and Climate Goals Economic Prosperity Goals � Employment and Workforce Training Goals �� c Education, Arts, and Community Goals Health and Safety Goals Affordability and Social Equity Goals Innovation and Process Goals Center for American Progress Acknowledgments Built by and for local governments, STAR is a program of ICLEI USA developed with key partners including the U.S. Green Building Council, the Center for American Progress NATIONAL and the National League of Cities. LEAGUE © 2010 ICLEI - Local Governments for Sustainability USA. All Rights Reserved. of CITIES �� Introduction Progress on the STAR Community Index has been made possible thanks to the generosity The release of the STAR Community IndexTM Sustainability Goals and Guiding of our contributors. Principles represents a milestone in the national movement to create more livable, sustainable communities for all. These 81 sustainability goals and 10 guiding PARTNER— $250,000 & above principles collectively define community-scale sustainability, and present a vision of Esri how communities can become more healthy, inclusive, and prosperous across eight The Kresge Foundation specific categories. The Goals provide a much needed vocabulary that local The Summit Foundation governments and their communities can use to more effectively strategize and define their sustainability planning efforts. Surdna Foundation PLATINUM — $100,000 The Goals and Guiding Principles also form the foundation of the forthcoming The Home Depot Foundation STAR Community Index, a national framework and performance - management system that will finally allow local governments to measure and rate their The Kendeda Fund sustainability performance. U.S. Green Building Council GOLD— $75,000 Why Communities Need Defined Goals —and STAR The Johnson Foundation Tumer Foundation For too long, community sustainability has been a nebulous concept with competing definitions and frameworks. There has never been a national standard SILVER — $50,000 by which to measure sustainability performance (e.g., economic prosperity, health The Bullitt Foundation and safety, climate protection, etc.) at the municipal or county scale. Establishing City of Seattle, WA these Goals and Guiding Principles is the first giant step toward addressing this National Building Museum critical need, and giving local governments the tools to accelerate their efforts and achieve greater success. This milestone is the product of thousands of volunteer BRONZE — $25,000 hours, and the engagement of more than 160 sustainability experts and stakeholders Argosy Foundation from broad disciplines using a collaborative and consensus -based process, drawn American Institute of Architects from government, the nonprofit and private sectors, and academia. City of Chicago, IL City of Dallas, TX How to Use the Goals City of Portland, OR The STAR Sustainability Goals and Guiding Principles are an invaluable resource National League of Cities for local governments and community stakeholders working to create or revise a Robert & Patricia Switzer FDN sustainability plan, and can help focus ongoing sustainability initiatives. Using the Siemens Sustainability Goals as a framework in combination with ICLEI's Five Milestones U.S. Department of Energy for Sustainability, they can more readily conduct a sustainability assessment and U.S. Environmental Protection establish sustainability goals to integrate into their plan. ICLEI is developing a Agency guidance document to assist these efforts. In the meantime, by aligning local priorities with STAR'S framework now, communities will be primed to utilize the Waste Management, Inc. full STAR performance management system when it is released in early 2012. Westchester County, NY CONTRIBUTOR — $5,000 City of Fayetteville. AR City of Santa Monica, CA The Overbrook Foundation The Scherman Foundation 1. STAR Background and Development Mission About ICLEI -Local Governments for Sustainability USA Inc. The mission of ICLEI USA is ICLEI USA is a membership association of local governments committed to to build, serve, and drive a advancing climate protection and sustainable development. For 20 years, ICLEI movement of local j has pioneered the agenda, practices, and technical tools for local climate action and governments to advance urban sustainability, both in the United States and worldwide. ICLEI's deep reductions in membership in the United States is more than 600 strong representing nearly 30 greenhouse gas emissions, percent of the U.S. population, up 25 percent from 2008. Local governments execute clean energy , continue to join ICLEI because they realize the value of membership and the solutions, and achieve imperative of their climate and sustainability efforts. Internationally, ICLEI Global tangible improvements in serves as the focal point for local governments and was the second largest NGO at local sustainability. the 2009 United Nations Climate Change Conference in Copenhagen, Denmark. ICLEI has consistently been at the forefront of enabling local governments to institute sustainable practices —from its work on climate in the 1990s to the current commitment to the STAR system. The time is now to fundamentally i change the way that local governments and the communities they represent manage energy, reduce greenhouse gas emissions and advance sustainability. At ICLEI USA, we have found that educational and policy programs are not enough. Networks and best practices are not enough. Software tools and consulting are not enough. Transformation requires a carefully coordinated, linked up system of political education, professional training and networking, technical support and civic education, and constant performance evaluation and feedback with each local government member over an extended time period. ICLEI has always focused on building that `system.' STAR is designed to leverage each element of the system, and through our network of regional offices we are scaling up capacity to deliver and, together with our members, institute change as a matter of public interest. Regional Offices Scaling up Capacity through ICLEI USA's Network California, Oakland & Los Angeles i- Midwest, Chicago T ? , _ Northeast & Mid - Atlantic, • Boston & New York -- --d Northwest & Islands, Seattle – —_: – • South Central, Houston Southeast, Atlanta j West. Denver (2010) • • ► About the STAR Community Index The STAR Community IndexTM (STAR) is a pioneering strategic planning and performance management system that will offer local governments a roadmap for creating healthy, inclusive and prosperous communities. STAR takes an integrated approach, addressing the three intertwining facets of sustainability— economy, environment and society. STAR will meet the immediate need to provide a standard framework of sustainability goals and validation measures —from recycling rates and reduce greenhouse gas emissions to education quality and public safety. With clear, consistent, and easily accessible performance measures, cities, towns and counties will be able to more easily track their performance over time. STAR's ambitious vision is primed for success thanks to the unprecedented collaboration involved in its creation. ICLEI USA is developing STAR with a "Built by and for number of key partners including the U.S. Green Building Council, the Center for � local governments, American Progress, and the National League of Cities. In addition, ICLEI USA has enlisted 160 volunteers representing 130 organizations, including 60 cities and 10 I STAR is already counties, state and federal agencies, non -profit organizations, national associations, I establishing a „niversities, utilities, and private corporations. These volunteers bring a diversity of 1 constituency of perspectives and expertise and provide a formidable brain trust for informing both the structure and content of the program. This level of local government early adopters." rn engagement has built a constituency of early adopters that will help provide fertile ground on which STAR can grow once established. Sustainability issues are organized into the broad categories of environment, economy and society and across eight specific disciplines. A holistic approach has resulted in an integrated set of sustainability goals that are both individually relevant and collectively representative of a community's overall sustainability performance. This document provides an overview of the process and program structure, and makes public the Guiding Principles and 81 Sustainability Goals developed by committees and approved by the Steering Committee. Together, these elements comprise the framework on which performance measures will be developed. We invite you to explore the list of Sustainability Goals to experience the breadth and integration represented by the STAR system. For more background and context on STAR, visit vww.icleiusa.org/star. A National Framework to Drive Concerted Action Across the U.S., there is a pressing need for a national standard to guide local sustainability initiatives. A 2009 Living Cities survey found that four in five of the 40 largest U.S. cities consider sustainability among their top five priorities. Approximately one -half are either currently creating sustainability plans or have finished one within the past year, and another one - quarter have plans completed. ICT.EI USA's research indicates that these sustainability planning efforts are highly variable. Sustainability plans often adopt different measures of success and divergent approaches to integrate social, environmental and economic factors. The lack of consistency makes it difficult to compare progress across jurisdictions, identify collaborative opportunities, and share lessons learned. These differences G4•., •! are further magnified by the fact that there are no standard definitions for commonly used sustainability terms. A national framework with a robust supporting structure such as an online commons, establish a common language and facilitate the dissemination of knowledge. STAR will allow Buffalo, for example, to learn and measure itself vis-a- vis Portland's experience. Common definitions, coupled with a standard process by which to measure and verify performance, will provide greater certainty. This new level of standardization and integrity in a rating system will give local governments more confidence in their investment decisions. And more taxpayer dollars can go directly to the assessment and implementation of programs— instead of designing a sustainability effort from the bottom up. In turn, as local governments learn from each other and implement innovative policies and practices they will benefit from improved performance in greenhouse gas emission reductions, environmental protection, new jobs, more robust local commerce, and healthier communities. Governance and Development Process For every successful standard, framework, or certification, there are scores of examples that have simply not achieved significant market penetration. Reasons for this are many, but the level of stakeholder involvement in a framework's development appears to have lasting impacts on the public perception of the framework's objectiveness and, ultimately, its uptake in the marketplace. In much the same way LEEDTM is transforming the building industry, STAR uses a consensus -based approach to establish a comprehensive system for cities, towns and counties. Governance is also an important factor contributing to credibility, with a clear decision - making process the most important factor. In fact, ISEAL, International Social and Environmental Accreditation and Labeling, conducted a survey to identify the key factors that contribute to the credibility of social and environmental standards. The most important factors related to the process of development include: • Fair representation from key interest groups in the development process. • Independent, third -party verification of performance. • Clear description of the development process and decision - making process. • Clear social and environmental objectives. • Demanding "minimum level of performance." The STAR governance structure features three primary decision - making entities: ICLEI USA Board of Directors, STAR Steering Committee, and STAR Technical Advisory Committees. However, prior to completing the STAR Community Index all major stakeholders will have an opportunity to provide comments. In keeping with the objectives and character of the STAR Community Index, the decision - making process used by committees is collaborative and democratic. This approach helps ensure that the outcomes of the effort are widely supported and represent a broad range of interests, ideas and knowledge. Page . The ICLEI USA Board of Directors is a body of local leaders from across the country, including mayors and county executives representing each region, as well as global representatives. The Board of Directors will approve the STAR Pilot Version prior to its official release and launch of the STAR Pilot Program. The Steering Committee serves as the governing body responsible for defining the system's scope and structure, guiding development. It is comprised of 40 executives from a diverse group of cities and counties, federal agencies, national associations, and non -profit organizations. Two - thirds of the members are local governments, representing a diversity in size, region, and progress toward sustainability. The Steering Committee elected an Executive Committee to facilitate decision - making and act on its behalf between meetings. The Steering Committee approves the content —the goals and measures that comprise the STAR framework. Eight Technical Advisory Committees are charged with developing the sustainability goals and validation measures that define community -scale sustainability and comprise the STAR framework. Nearly 120 volunteers serve on these committees and are drawn from a spectrum of expertise and organizations that represent local governments, state and federal agencies, universities, non - profit organizations, and private corporations. Through a collaborative and cross - disciplinary process, these committees recommend content for approvaL Volunteers were selected with the aim to create a balance among a variety of perspectives which is imperative to address the breadth of issues under the purview of each committee. Experts in areas as diverse as urban forestry to workforce development have collectively devoted many thousands of hours to identify the constituent elements of community scale sustainability and develop language describing the purpose (outcome) of each element. For a list of current and past Executive Committee, Steering Committee and Technical Advisory Committee members, see Acknowledgements on page 21. Governance Structure CLEI USA rd of Directo Steering Committee Executive Committee Technical Advisory Committees y Environment Economy Society moral Economic ape Education, Arts & Community Planning & Design Employment & Health & Workforce Training Safety Energy & Climate Equity & Social Equity high bar— i Operating Assumptions low floor" While STAR is a leadership system, a key objective is to be inclusive and provide value to a wide variety of users —from large cities to rural towns and from jurisdictions with advanced sustainability initiatives to those just beginning to AS a leadership develop their sustainability plan. Operating assumptions address key program program, set the bar objective and clarify to the overall design and structural considerations. high to challenge more advanced The operating assumptions also assist Technical Advisory Committees in developing validation measures for each Sustainability Goal. The operating communities and assumptions are listed below and address the scope, structure, applicant, and encourage healthy performance validation process. competition. To Scope encourage broader I ■ A validation measure may be applicable to either the local government itself or participation, set the to the community at large, i.e. covering issues that jurisdictions are directly barrier to entry low. responsible for such as municipal operations and services, or extending to a broader set of issues that jurisdictions have influence over such as economic development, watershed protection and community health. • The initial level of achievement in STAR may be possible through local government activities alone; however, achieving the highest levels in STAR will require collaboration with other stakeholders. • STAR will evolve and improve over time. Structure • STAR is a rating system. It is not intended to be a ranking system, but rather a tool for cities, towns and counties to evaluate their own progress against a series of standardized performance and best practice benchmarks. i • STAR is a menu -based system. The flexibility of a menu -based system will allow local governments to select the goals they feel are most important and relevant for their communities. (As a menu -based system, ratings will be awarded on a percentage of points achieved.) • Some menu options are required as prerequisites within STAR categories. • STAR will contain both relative and absolute validation measures. Applicant and Designation • The lead applicant for STAR designation is a local government, or a city, town or county. • Applicants will be required to re- certify over time to maintain their STAR designation. • STAR will have a specific number of achievement levels, with a clear mechanism for determining an applicant's achievement leveL STAR Pilot Version • The pilot version, planned for release in early 2012, will serve as an important opportunity to beta test the system, gather feedback and incorporate changes. • The pilot version of STAR will feature validation measures — performance Fage metrics or outcome -based practices that can be independently verified as proxies of government or community- performance. Validation measures will strive to include performance metrics if possible. Practices measures may be identified if no quantifiable metrics exist for a goal area. Framework Terminology The STAR framework and terminology is easily understood by policy makers. The structure features a set of components that reflect public sector mechanisms that are proven effective in advancing change. The terms are commonly used by local governments and communicate both the strategic objectives and desired outcomes. The structure also allows for incorporation of a variety of types of measures —from qualitative or quantitative to prescriptive or performance -based to relative or absolute metrics —to reflect the breadth of issues covered and leverage the leading research and professional practice for each goal area. Term Definition Goal Title of desired outcome that a jurisdiction intends to achieve. Purpose Statement to clarify relevance, provide context and communicate the desired outcome. Validation Performance Measure: Verifiable indicator or metric, qualitative Measure or quantitative, representing the actual state of a system and used to identify progress relative to Goal. OR, Practice Measure: Actions, practices or systematic approach proven to be efficient and effective toward achieving Goal. Criteria for Validation Measures On May 1, 2010 ICLEI USA began working with Technical Advisory Committees to create validation measures for each STAR Sustainability Goal. Criteria were built around a series of Operating Assumptions to normalize and streamline measures development. The committee developed criteria for selecting measures and developed guidance for utilizing the measures typologies (Performance and Practice) listed in the table above. The following criteria are adapted from "Indicators and Information Systems for Sustainable Development: A Report to the Balaton Group" by Donella Meadows, 1998. • Relevant: Provide direct feedback on the outcomes of actions. • Feasible: Leverage use of credible, commonly collected data for cost effective performance reporting that is flexible enough to be implemented in various local contexts. • Timely: Capture actions and outcomes that are currently relevant, while looking forward to the future. • Useful: Provide significant value to help cities and counties make decisions and address local priorities. page 7 • Systemic: Draw attention to the preferred future, while offering a metric that measures true progress toward that achievement goal; and, where possible, will satisfy performance reporting for multiple goals to highlight the integrated nature of sustainability. • Reliable: Provide a consistent reflection of achievement or performance across communities regardless of community characteristics, facilitating comparisons between communities. • Valid: Represent the concepts and underlying phenomena that are embodied in the Goal area accurately. Get Started with STAR and The Five Milestones for Sustainability To develop and implement a comprehensive sustainability plan, ICLEI USA guides its members through the Five Milestones for Sustain ability, a performance- based methodology for improving community health, vitality and prosperity through intelligent, region appropriate strategies. The methodology underlying the Five Milestones provides a simple, standardized means to enable a community to effectively advance sustainability goals and report measurable achievements. ICT.F.T USA has unparalleled experience engaging and guiding all forms of local governments, including counties, cities, towns, villages, and boroughs, on taking significant action to quantify and reduce their greenhouse gas emissions through its proven Five Milestone for Climate Protection. The Five Milestones represent a unique and powerful approach because each step builds on the last and local governments can learn and adjust as they go. At Milestone Two, 155 ICLEI USA members have set formal emissions reduction targets, committing to a projected reduction of more than 1,360,000,000 metric tons of CO2e by 2020. Five Milestones for Sustainability Milestone Two emissions reductions projected by 2020: 1.36 billion metric tons CO2e Milestone 1: (= 25 million passenger vehicles for 10 years) Conduct Sustainability Assessment Milestone 5: Milestone 2: Evaluate Progress Establish and Report Results Sustanability Pre- Milestone Planning: Goals Make Commitment and Organize Team Milestone 4: Milestone 3: Implement Policies Develop and Measures Sustainability Plan f Apply the STAR Sustainability Goals to Local Efforts • Local governments can begin today. Elected officials can demonstrate their e leadership by making a commitment to establish a sustainability plan and . ` #prx ~- communicating their support of actions that advance local sustainability goals. 4 �. Trailblazers like New York City, Portland, and Minneapolis have shown that the end product of sustainability planning is worth the effort a detailed blueprint to combat climate change, save energy and taxpayer dollars, strengthen economic s prosperity, renew infrastructure, and improve public health and education for all. -4" The Five Milestones for Sustainability can be initiated in concert with the STAR Community Index Sustainability Goals to assist local governments in getting startedi►'- " on developing sustainability plans or refining existing plans. By following the septs G t tI- ,t1 - below, cities, towns and counties can begin to apply these resources and showcase this ground- breaking system's ability to catalyze change. To get started: ICLEI USA Member, Portland, 1 Milestone One: Conduct a Sustainability Assessment. To start the OR, reduced local carbon planning process, a local government can research and assess environmental, emissions in 2008 to one economic, and social equity challenges and opportunities within their I percent below 1990 levels, jurisdiction —and the current programs in place to address these issues. During despite rapid population this process, the STAR Sustainability Goals can provide a standard framework ever the same period, emissions Over in the U.S. as a to work from and in which to align local priorities. Resources are available in whole increased 13 percent. the Sustainability Planning Toolkit for conducting a quick -action assessment or a more comprehensive assessment. 2 Milestone Two: Establish Sustainability Goals. In parallel to researching the challenges in Milestone One, a local government can begin to develop their own set of sustainability goals based on local priorities and conditions. Taken together, these goals can define a captivating vision for the future of the locality. Beginning in 2011, STAR will offer performance measures for each STAR goal area. By aligning local sustainability goals with the STAR framework, a local government will be position to become an early adopter of these performance targets. And early adopters can begin to share best practices and their lessons learned through ICLEI's network to drive concerted action. Next Steps Measures for each STAR Goal area are being developed through 2011, using a process that balances focus on a particular Goal area with the need to recognize the interconnectedness and interdependencies between Goals. ICLEI USA will release measures in phases as they are completed to allow local governments to begin to integrate these measures in their sustainability plans and set realistic short and long- term performance targets for their communities. Weaving humankind In early 2012, the pilot version of the STAR Rating System will be released with an Into hardscrabble places online tool that will allow STAR to be more fully utilized as a sustainability Towards renaissance planning and performance management system. The tool will facilitate data gathering and performance evaluation, and help local governments institutionali -e I Haiku by Kalima Rose, their efforts and report progress toward individual goals over time. In this way, i PolicyLink and Technical ICLEI USA will be able to also recognize the achievements of participants, both Advisory Committee Member those that achieve a rating and localities that demonstrate improvements over time. 11. Guiding Principles and Sustainability Goals The content of this document — representing the STAR structure, Guiding Principles, and comprehensive set of Sustainability Goals is the culmination of unprecedented efforts and collaboration of dedicated volunteers, staff members and others. ICLEI USA invites the reader to join us in celebrating the efforts of so many through the release of these foundation elements of a larger system still under creation. Guiding Principles The adjacent page shares the STAR Guiding Principles approved by the Steering Committee to ensure the performance measures embodied by STAR are holistic and representative of the three pillars of sustainability— environment, economy and equity. Guiding principles also make manifest the concepts and values that underpin STAR and local government -scale sustainability. These principles will provide guidance to the Technical Advisory Committees in the development of validation measures that will accompany each Goal area. Sustainability Goals In the following pages, ICLEI USA also presents the 81 Sustainability Goals as of October 2010. Each goal is combined with a Purpose statement that express the desired outcome or aspiration of what localities will strive toward The Sustainability Goals collectively represent a definition of community-scale sustainability. Individually, any one goal becomes an organizing mode for the performance and practice measures that make STAR into a rating system. Changes to language, structural modifications, and the addition, change or deletion of specific elements are all likely as development continues. In fact, the Steering Committee approved the Sustainability Goals with comments, which were submitted to the Technical Advisory Committees for future consideration. The comments ranged from moving a goal to a different category to changing the language to better reflect what is and is not under the direct control of a local government. The current focus of STAR development efforts is on creating measures associated with the goals listed within this document. These measures set performance levels and allow for evaluation and verification. It is assumed that measures development will further inform refining and evolution of the Sustainability Goals and Purpose Statements within this system. We welcome comments, suggestions and questions about these sustainability goals and the STAR development process. Please email starcommunity@iclei.org. Guiding Principles Sustainable communities take a systems perspective and recognize that people, Think —and act— nature and the economy are all affected by their actions. Local governments in systemically. these communities consider the broader implications before embarking on specific projects, and they look for ways to accomplish multiple goals rather than default to short -term, piecemeal efforts. Sustainable communities possess a strong capacity to respond to and bounce back Instill resiliency. from adversity. Local governments in these communities prepare for and help residents and institutions prepare for disruptions and respond to them swiftly, creatively and effectively. Sustainable communities capture opportunities and respond to challenges. Local Foster innovation. governments in these communities cultivate a spirit of proactive problem solving to provide access to futures otherwise unobtainable and to enable the risk - taking inherent in innovation. Sustainable communities measure progress by improvements in the health and Redefine progress. wellbeing of their people, environment and economy. Instead of focusing on GDP (throughput of dollars), local governments in these communities use a broad set of indicators. Sustainable communities steward natural resources so that future generations have Live within means. as many opportunities available to them as we do today. They also recognize that resources exist for the benefit of life forms other than humans. Local governments in these communities assess resources, track impacts, and take corrective action when needed so that they meet the needs of today without depleting what they leave for future generations. • Sustainable communities engage all facets of society in working together for the Cultivate benefit of the whole. Local governments in these communities bring government collaboration. representatives, community members and organizations together and create a culture of collaboration that encourages innovation, sharing of resources, and jointly shared accountability for results. Sustainable communities allocate resources and opportunities fairly so that all Ensure equity. people who do the full range of jobs that a community needs can thrive in it. Local governments in these communities actively eliminate barriers to full participation in community life and work to correct past injustices. Sustainable communities feature a tapestry of peoples, cultures and economies Embrace diversity. underpinned by a richly functioning natural environment. Local governments in these communities celebrate and foster ethnic, cultural, economic and biological diversity and encourage multiple approaches to accomplish a goal. Sustainable communities provide leadership through action and results. Local Inspire leadership. governments in these communities recognize their opportunity to effect change by backing visionary policies with practices that serve as an example for citizens and businesses to emulate. Sustainable communities engage in continuous discovery, rediscovery and Continuously invention as they learn more about the impacts of their actions. Local governments Improve. in these communities track both performance and outcomes, are alert for unintended consequences, and modify strategies based on observed results. Pale 11 List of STAR Sustainability Goals ENVIRONMENT Natural Systems Planning & Design Energy & Climate Natural Resource Planning & Inventory Comprehensive Planning Greenhouse Gas Mitigation Green Infrastructure Excellence in Design Climate Adaptation Land Use in Watersheds Interconnected Land Use Energy Supply Water Quality & Supply Compact & Complete Communities Energy Use Agriculture & Aquaculture Design for People Resource Efficient Buildings Resource Lands Housing Alternative Fuels & Infrastructure Biodiversity & Invasive Species Public Spaces Industrial Sector Energy Use Ambient Noise & Light Transportation & Mobility Agricultural Climate Impacts Waste Minimization Land Conservation Historic Preservation & Cultural Heritage Code Barriers Public Engagement & Participation ECONOMY Economic Prosperity Employment & Workforce Training Enterprise Support Employment Opportunity J T: ' , r -• -- ; Industry Sector Development & Revitalization Employment Benefits , _4 - r. ir • ` Market Development Labor Rights ` . ; �.t; ril r Community-Based Economic Development Living Wages Economic Localization Supportive Workplaces ' Land Redevelopment & Revitalization Workplace Leaming & Career Paths .S' .3 _s „ .ti' Food System Workforce Development Comprehensive Plan ., , '4,,-.1-, -• � � , ' Workforce Training r }•� st ■ ‘' . -• • ' ` r ''r # ry. Resources for Success �j `.�� SOCIETY City Hall Farmers Market. Seattle, WA Education, Arts & Community Health & Safety Affordability & Social Equity Education Opportunities Health System Government Transparency Education Environments Health & Safety Literacy Revenue Generation School- Community Engagement Workplace Health & Safety Public Expenditures & Financial Investment Ecological Literacy Food Access & Nutrition Infrastructure Investment Arts & Culture Drinking Water Quality Social Cohesion Arts & Cultural Civic Support Outdoor Air Quality Human Services Social & Cultural Diversity Indoor Air Quality Poverty Prevention & Alleviation Neighborhood Vitality Toxics Reduction Civil & Human Rights Civic Literacy + Engagement Natural & Human Hazards Cultural Practices Financial Literacy Emergency Prevention & Response Environmental Justice Safe Communities Equity Literacy Active Living & Recreation Adjudication & Restorative Justice Community Empowerment Equity Assessment & Planning Sustainability Goals with Purpose Statements NATURAL SYSTEMS Sustainability Goal Purpose Statement Natural Resources Protect, enhance and restore habitat and natural ecosystems to levels of function Planning that confer resilience and adaptability and support biological imperatives for clean and Inventory water and air, food, shelter and public safety. Green Infrastructure Design and maintain a "strategically planned and managed green infrastructure network composed of natural lands, working landscapes and other open spaces that conserve ecosystem values and functions, and provide associated benefits to human populations'." Land Use in Watersheds Protect and restore the natural systems that underpin watershed health and hydrological integrity. Water Quality and Design and maintain an integrated water, storm water, and waste water system Supply that reduces pollution and protects and restores ecological systems, minimizes energy use and maximizes efficiency, and provides equitable distribution and pricing. Agriculture and Conserve and maintain land and other natural resources necessary for agriculture Aquaculture and aquaculture in ways that ensure accessibility, affordability, vitality and continued availability for use by current and future generations. Resource Lands Conserve and maintain lands that provide raw materials, renewable natural resources in such a way that allows for sustained harvest and maintains land vitality. Biodiversity & Invasive Preserve and restore regional biodiversity, with a focus on promoting native Species species and avoiding and eliminating invasive species. Ambient Noise and Light Minimize and manage ambient noise and light levels to protect the integrity of ecological systems and public health without compromising public safety and cultural expression. Waste Minimization Minimize waste and optimally recycle material resources to protect natural systems by reducing resource extraction, greenhouse gas emissions, and air and water pollution. 1. Definition of Green Infrastructure from Given Infrastructure: The Conservation Fund, http : / /www.greeninfrastructure.net /content /definition- green- infrastructure PLANNING & DESIGN Comprehensive Planning Provide a long -range vision for the future growth and development of the community that addresses economic, environmental and social problems and opportunities within the community; ensure public and encourage private investments are supportive of that vision. Excellence in Design Encourage the siting and design of public and private projects to minimize environmental impact, maximize financial efficiency, optimize social equity and benefits, and improve public health. Interconnected Land Use Encourage diverse, accessible, and proximate land uses to promote active living and access to vital services including employment, education, and healthy food. Compact and Complete Create compact communities with a range of services that allow for amenities and Communities transportation options; afford equitable access to the ingredients of what makes for an economically and socially viable neighborhood; reduce the community's carbon footprint. Design for People Create human -scale built environments that provide comfort, safety, accessibility and are pleasing to all human inhabitants. Housing Foster the preservation, construction and maintenance of an adequate supply of healthful, affordable, resource - efficient, and inclusive housing. Residential development should be available to all ages, abilities, incomes, and household sizes and be located in environmentally safe areas near public transportation, jobs, and critical goods and services. Public Space Invest in, program and optimally maintain diverse and interconnected public spaces that feature equitable, convenient, and comfortable access, encourage safe and healthy behaviors, minimize hazards, are culturally appropriate and attract and serve all populations. Transportation Reduce vehicle miles traveled and associated greenhouse gas and criteria air pollutant emissions by enhancing the availability of, and access to, diverse transportation choices, including non - motorized modes and transit; create safe, affordable mobility and physical activity opportunities for all; and provide and optimally maintain infrastructure that efficiently and affordably moves people and goods locally and regionally. Land Conservation Shape the settlement pattern and protect critical community resources by acquiring, conserving, and managing important landscapes in perpetuity. Historic Preservation Promote the preservation and reuse of historic resources, including buildings, and Cultural Heritage structures, sites, neighborhood districts and cultural landscapes to assist in the retention of local, regional and national history and heritage, reinforcement of community character, and conservation of material resources. Codes, Ordinances and Ensure that planning guidelines, zoning codes, building codes, and health codes Requirements consider community and site context, improve ecological integrity, are based on life cycle costing, foster social equity, and reward innovation. Public Engagement in Provide regular, meaningful, and equitable opportunities for citizens to shape the Planning and Design future of their communities. ENERGY & CLIMATE Greenhouse Gas Achieve greenhouse gas emissions and criteria air pollutant reductions in both Mitigation municipal operations and the community at large, with attention given to reduction and prevention of inequalities. Climate Adaptation Improve the response and resiliency of all communities to climate change impacts on the built, natural and social environments with an emphasis on public health and historically underserved populations. Energy Supply Provide an affordable and secure energy supply that increases the development and use of renewable, least toxic and less carbon - intensive sources. Energy Use Provide affordable and secure energy for all while minimizing demand and consumption. Resource Efficient Enhance the energy performance and resource efficiency of a community's Buildings building stock throughout its lifecycle. Alternative Fuels and Support low - carbon and high resource - efficiency transportation options through Infrastructure the development of supporting infrastructure, fuel purchasing and local fuel production. Industrial Sector Energy Reduce energy use and greenhouse gas emissions in industrial sector operations Use and throughout the lifecycle of the products manufactured. Agricultural Climate Encourage the efficient use of resources and reduce greenhouse gas emissions Impacts from agricultural and farming processes. ECONOMIC PROSPERITY Enterprise Support Enhance traditional business retention, expansion and attraction activities to work with individual businesses of a range of sizes and types to increase overall economic vitality, environmental and human health, and social responsibility of business enterprises. Industry Sector Support the growth of new industry sectors, and the transition of existing Development and industry sectors, toward practices, products and services that increase Revitalization environmental performance, human health and social responsibility. Market Development Increase overall market demand in local and export markets for value added products and services that increase environmental performance, human health and social responsibility. Neighborhood and Spur community - and neighborhood -level economic development and Community redevelopment in ways that develop and manage the community's resources for Economic Development its residents' benefit on a sustainable and inclusive basis. Economic Localization Strengthen and diversify local economies by developing localized networks for economic exchange and increase the total number and market share of locally owned, socio - culturally diverse and neighborhood- and community -based businesses. Land Redevelopment Reclaim and repurpose vacant, obsolete or contaminated land and buildings to and Revitalization improve community health and safety, increase environmental quality and provide economic benefits. Food System Strengthen local and regional food systems and support and encourage an economically viable, environmentally sound and socially equitable food system throughout the food production, use and disposal life cycle. EMPLOYMENT & WORKFORCE TRAINING Employment Opportunity Promote diversity and social equity in the workplace, maintain and vigorously enforce anti - discrimination and employment statutes, and provide recourse for those discriminated against in their pursuit or retention of employment. Employment Benefits Promote the adoption of affordable health, retirement and other benefits for all workers in all sectors, and provide such benefits to municipal employees. Labor Rights Protect all workers' right to organize and bargain collectively to implement progressive and fair labor policies. Living Wages Ensure that every worker earns a living wage —one that allows workers and their families to afford a decent standard of living, including housing, transportation, and other basic needs without depending on public subsidies. Supportive Workplaces Cultivate family - friendly workplaces including flexible scheduling, job sharing, easily accessible childcare, and maternity /paternity leave. Workplace Learning and Enable career advancement and wage improvement of a community's employee Career Paths base via professional development, mentonng and academic learning, provide on- the -job training to improve worker safety, productivity and job satisfaction. Workforce Development Use industry and workforce data, coordinated with local economic development Comprehensive Planning strategies, to drive workforce investments, decision- making, goal - and priority - setting and progress measurement. Workforce Training Prepare participants for success in the marketplace and workplace by providing quality, affordable and accessible training that imparts the technical, personal, and team skills leading to demonstrable outcomes with respect to successful employment access and retention. Resources for Success Offer support services and tools to help ensure all residents, particularly those with barriers to employment, can successfully enter and complete training programs. EDUCATION, ARTS & COMMUNITY Educational Engage all people, from birth through adulthood, with access to high quality Opportunities public education. Educational Design, manage and operate high- quality facilities and learning settings, accessible Environments to all students and community members that appropriately serve their target community, create safe and lasting connections to the community at large, and expand assets for historically underserved communities. School Community Drive successful education inside and outside the dassroom by building a strong Engagement school - community learning partnership and mutual ownership of educational success. Ecological Literacy Provide residents with the informational and material resources they need to think critically about and address environmental problems and solutions, and include the environment as an important consideration in their work and daily living. Arts and Culture Engage all audiences with a diverse offering of arts and cultural opportunities and allow for regular participation and creative self - expression; use these resources as platforms to address social, environmental, educational and economic development issues in the community. Arts and Cultural Civic Establish civic leadership and support in cultivating a broad range of arts, cultural Support and heritage resources and activities. Social and Cultural Celebrate and respect diversity and sensitively utilize the diverse perspectives and Diversity traditions embodied in the social, cultural and economic diversity of a community's residents. Neighborhood Vitality Support the function and identity of neighborhoods by encouraging communication, strengthening community bonds, local participation and interaction, and enhancing sense of place. Civic Literacy and Encourage communication and promote meaningful participation in civic life Engagement within and among neighborhoods and the larger community; create civic participation that is accessible to all, with barriers to full participation eliminated. Financial Literacy Empower citizens to make informed choices about the risks and benefits of financial decisions by enhancing understanding of financial concepts and products. HEALTH & SAFETY Health System Establish and maintain a local health system that monitors and improves community health and provides equal access to affordable, quality health services. Health and Safety Provide programs and curricula that encourage health and safety, and provide Literacy opportunities to gain knowledge, skills, and values essential to leading physically and mentally healthy and safe lives. Workplace Health and Implement workplace policies, procedures, and process and physical Safety modifications that minimize workers' exposures to hazardous conditions, create a healthy working environment, and promote nutrition, physical activity, and stress management. Food Access and Ensure community food security and equitable physical and economic access to Nutrition safe, nutritious, and culturally appropriate food at all times for every resident across a community; provide opportunities for residents to grow their own food; educate residents about nutrition and food —from farm to plate. Drinking Water Quality Ensure access to safe, high quality, affordable drinking water for all communities. Outdoor Air Quality Ensure that outdoor air quality is healthy for all segments of the human population and for the natural environment. Indoor Air Quality Ensure that indoor air quality is healthy for all segments of the human population. Toxics Reduction Reduce toxic exposure and manage materials streams to minimize the use and production of toxic substances throughout product and material life cycles. Natural and Human Plan, deploy and maintain physical and social infrastructures such that Hazards vulnerability to natural and human hazards and disasters is reduced for all members of a community and ensure that communities are adequately prepared to respond to crises, response is effective and coordinated, and recovery is accelerated. Emergency Prevention Utilize long term preventive and collaborative approaches to reduce and avoid and Response emergency incidents; respond to emergency incidents with strategies that minimize response time and harm to humans, property and the environment. Safe Communities Create safe, peaceful and thriving communities where all government sectors actively collaborate with citizens as empowered partners to foster pro - social behaviors, prevent and reduce crime, and promote nonviolent conflict resolution. Active Living Create opportunities for and promote the integration of recreation and physical activity into people's daily routines and the built environment. AFFORDABILITY & SOCIAL EQUITY Government Require that local decision - making processes are transparent and evident to the Transparency public through the provision of information, participatory tools, education, and an open process. Revenue Generation Ensure that public revenue sources are economically sustainable, promote equity and redress existing inequities, and foster healthy ecosystems now and into the future. Public Expenditures and Ensure that local government procurement, expenditures, and financial Financial Investment investments support best practices in social responsibility related to employment, environment, and community development. Infrastructure Equitably distribute infrastructure, amenities and services, and redress prior Investments disinvestment, to foster community health and create communities of opportunity. Social Cohesion Strengthen communities by encouraging communication, partnerships and trust within and among residents, government, and the larger community. Human Services Ensure safety net programs are available so that all residents lead lives of dignity and guarantee basic needs are met. Poverty Prevention and Prevent people from falling into poverty as well as proactively enable those who Alleviation are living in poverty to obtain greater, lasting economic stability and security Civil and Human Rights Promote the full enjoyment by individuals and groups of their political, social and economic civil rights. Cultural Practices As relevant to the location, the community integrates traditionally practiced livelihoods and cultural activities in its use of public facilities and areas, governance of private property, planning and development policies and strategies, as well as in other areas of civic life, as appropriate. Environmental Justice Develop and enforce government policies and practices that not only contribute to reducing polluted and toxic environments for all residents but also lead to an equitable distribution of the positive and negative environmental effects on the health and wellbeing of communities. Equity Literacy Advance the wellbeing of all individuals, particularly the least advantaged, by ensuring citizen and government understanding and skill to support equity in the community. Adjudication and Administer fair and equitable adjudication; involve the community and those Restorative Justice convicted of crimes in repairing individual and community scale harm caused by those crimes. Community Ensure that community members have the skills, resources and assurances needed Empowerment to participate and lead in defining and implementing decisions affecting individual and community wellbeing. Equity Assessment and Identify and analyze patterns of access to foundational community assets, as well Planning as exposure to harms and hazards, and use that information to remedy disparities in access and exposure within and between neighborhoods and populations. INNOVATION & PROCESS Innovation Stimulate new ways of addressing challenges and provide opportunity for local governments to demonstrate performance in sustainability areas not identified within the STAR framework. Exemplary Performance Recognize a local government's superlative performance in areas captured within the STAR framework. Community Engagement Ensure that the adaptation and implementation of STAR itself embodies in STAR equitable and participatory processes. Regional Priority Issues Create incentive for local governments to identify and act on the issues of greatest importance within their jurisdictions. 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Q. unit y 's C ) a) a - J3 ci 5 m r� L cu turf -� --�-' � - — �o crS � .rr L y L ; o ' o > � � S� Q. appropriate CD positive neighborhoods Q Q c- ecosyste CD ,guarantee .— ., ,` � _ celebrate �, ride healthy .L Q. individuals environm�entN -� c , a �- _ — safet - o .X o among groups - - E cz a CU ° a ti i ti as V) Acknowledgements The content of this document is due to the unprecedented efforts and collaboration of dedicated volunteers, staff members and others that lead to the creation of STAR's structure, guiding principles, and comprehensive set of sustainability goals. ICLEI extends its gratitude to the individuals and organizations that have contributed thousands of hours and provided a formidable brain trust for informing the content of the program. Executive Committee Sadhu Johnston (Chair), Vancouver, BC Shannon Parry (Vice - Chair), Santa Monica, CA Ken Rosenfeld (Treasurer), National League of Cities John Coleman (Governance), Fayetteville, AR Lynne Barker, ICLEI USA Bracken Hendricks, Center for American Progress Jason Hartke, U.S. Green Building Council (alternate Aaron Londe) Steering Committee John Soladay, Albuquerque, NM Steering Committee Members Brooks Rainwater, American Institute of Architects from Top: Shannon Parry, Vice - Paul Farmer, American Planning Association Chair, Santa Monica, CA; Maggie Ullman, Asheville, NC Richard Gelb, King County, Amy Everhart, Austin, TX WA; and, Eric Griffin (left), James Hunt, Boston, MA Dallas, TX with Devesh Nirmul, Jonathan Koehn, Boulder, CO Miami -Dade County, FL Gene Hyde, Chattanooga, TN ... Andrew Watterson, Cleveland, OH Scott Morrissey, Denver, CO Dana Bourland, Enterprise Community Partners .�, Terry Janssen, Florida Green Building Coalition Vernon Gerth, Franklin, TN Dennis Murphey, Kansas City, MO Richard Gelb, King County, WA t.' Devesh Nirmul, Miami -Dade County, FL Jared Lang, National Association of Counties _ Jennifer Henry, Natural Resources Defense Council Jared Katseff, New York, NY Garrett Fitzgerald, Oakland, CA Radcliffe Dacanay, Portland, OR Catherine Werner, Saint Louis, MO 1.47. Michael Connors, Saint Petersburg, FL Amy Meese, Sarasota County, FL Amanda Eichel, Seattle, WA Jennifer Perrone, Sierra Club Valerie Brown, Sonoma County, CA + ICLEI USA Board Member 4 Chris Kochtitzky, U.S. Centers for Disease Control & Prevention Hannah Muller, U.S. Department of Energy, EERE Andrea Denny, U.S. Environmental Protection Agency Uwe Brandes, Urban Land Institute Brendan Shane, Washington, DC Environment — Technical Advisory Committees Natural Systems Nicholas Kuhn, Albuquerque, NM Chris Bird, Alachua County, FL Carl Spector, Boston, MA Robert Goff, Chandler, AZ Teresa Durkin (Vice Chair), HOK Scott Cahail, Kansas City, MO Doug Helton, National Oceanic & Atmospheric Administration Jeffrey Raven, Private Consultant Heather Venhaus, Private Consultant I, Richard Jones, Racine, WI Monica Fries, Sustainable St. Louis, MO Nicholas Kuhn, Society of Municipal Arborists Nina Chambers (Chair), Sonoran Institute Dee Merriam, U.S. Centers for Disease Control & Prevention Planning & Design Bill Klein, American Planning Association Brian Fellows, Arizona Department of Transportation Robert Garcia, City Project Chris Duerksen, Clarion Associates Doug Farr, Farr Associates • Hilari Varnadore, Frederick County, MD Paul Morris, Greenleaf Strategies Kathy Blaha (Vice Chair), Kathy Blaha Consulting, LLC Patrice Frey, National Trust for Historic Preservation Jessica Millman, Nat'l Assoc of Local Govt. Environmental Professionals Ken Snyder, PlaceMatters Barbara Gray, Seattle Department of Transportation Brice Maryman (Chair), SvR Design Katie Sobush, U.S. Centers for Disease Control & Prevention John Thomas, U.S. Environmental Protection Agency Sophie Lambert, U.S. Green Building Council Energy & Climate Jake Stewart and Sasha Petersen, Austin Energy Walker Wells (Chair), Global Green USA Susan Millhauser, Lake Oswego, OR Glen Hadwen, Miami, FL Jim Edelson, New Buildings Institute Kristin Parineh (Vice Chair), Palo Alto, CA Dennis Maloskey, Pennsylvania Governor's Green Government Council John Bucholz, Private Consultant Cal Broomhead, San Francisco, CA Jayson Antonoff, Seattle, WA Dennis Creech, Southface Energy Institute • Leslie Ethen, Tucson, AZ Hannah Muller, U.S. Department of Energy, EERE Andrea Denny, U.S. Environmental Protection Agency Melissa Gallagher - Rogers, U.S. Green Building Council Page 23 Economy— Technical Advisory Committees Economic Prosperity Christine Slattery, Delta Institute Viki Sonntag, EcoPraxis David Perella, Gatlinburg, TN Russ Gaskin (Co- Chair), Green America John Cleveland, Innovation Network for Communities Harold Tate, Lexington, KY Steve Lautze, Oakland, CA Steve Cohen, Portland, OR Lynne McCormack, Providence, RI Marc Joseph, State Building & Construction Trades Council Sara Pesek, Syracuse University Matthew Rader (Co- Chair), Wharton School of Business, University of PA Employment & Workforce Training Dan Marschall, PhD, AFL -CIO Elena Foshay (Vice Chair), Apollo Alliance Galen Nelson, Boston, MA Annual Meeting Plenary Marta Nelson, Center for Employment Opportunity Discussions Joel Rogers, Center on Wisconsin Strategy Top standing: Amy Meese, Evelyn Diaz (Chair), Chicago Workforce Investment Council Sarasota County, FL and Stacy Ho, Green For All Vernon Gerth, Franklin, TN. Mark Rentschler, PhD, Green Seal Middle standing: Evelyn Diaz, Raquel Pinderhughes, PhD, San Francisco State University Chicago Workforce Investment Karl Nurse, St. Petersburg, FL Council. i n i A �.I a . 4, , . - . -' " - Society— Technical Advisory Committees Education, Arts & Community Randy Cohen, Americans for the Arts Kenneth Wong, Brown University Deborah McKoy, Center for Cities & Schools, University of CA, Berkeley Bill Bulick, Creative Planning, Inc. Cindy Steinhauser, Dubuque, IA Anna Rowan, Education Trust Ed Greene, EM Greene Associates, International Amelia Greiner (Vice Chair), Johns Hopkins University Scott Kratz (Chair), National Building Museum Marjorie Cohen, National League of Cities Tim Barth, North Richland Hills, TX Carly Grimm, Partners for Livable Communities Michael Watkins, Santa Cruz County, CA Robbyn Wahby (past Chair), St. Louis, MO Health & Safety Kimberley Hodgson, American Planning Association Nancy Norman, Boston, MA Sherry Carter and Stan Carter, Carter & Carter Associates Trinity Donovan, Chandler, AZ Christopher Mallette, Chicago, IL Elke Davidson, Davidson Consulting Ken Moore, Franklin, TN Rochelle Bell, Monroe County, NY Kenneth Smith, Nat'l Assoc of County & City Health Officials Dave Tobias, New York, NY Rachel Davis, Prevention Institute Beth Ross, Redwood City, CA Chuck Henry, Sarasota County, FL Chris Kochtitzky, U.S. Centers for Disease Control & Prevention Neil Rainford, U.S. Centers for Disease Control & Prevention Larry Crist, Vermont Department of Health Affordability & Equity Tre Jerdon, American Planning Association Linda Young, Center for Neighborhood Technology Jacob Faber and Denis Roden, Center for Social Inclusion Sima Thakkar, City of Nashville Davidson County Janet Hammer, College of Urban & Public Affairs, Portland State University Maureen Hart, Community Indicators Consortium Esther Toporovsky, Enterprise Community Partners Michael Gedeon and Jeremy Valenta, King County, WA Timothy Bray, Institute for Urban Policy Research, University of TX, Dallas One hundred fifty Kalima Rose, PolicyLink Pamela Sparr, Private Consultant Amazingly bright people Susan Harden, RBF Consulting It takes a village. Jan Lanier, Southern Poverty Law Center Haiku by Thor Peterson, STAR Carrie Makarewicz, University of California, Berkeley Technical Director Jess Zimbabwe, Urban Land Institute i 25 CONTACT Martin J. Chavez Executive Director ICLEI USA 1331 F St. NW, Suite 975 Washington, DC 20004 (202) 629 -3591 Lynne Barker STAR Program Director lynne.barker @iclei.org (206) 245 -2908 Thor Peterson Technical Content Director thor.peterson@iclei.org www.icleiusa.org/star ICLEI Local L Gavaarmm6s . for Suotainability /�� , i "A CL -Y.-�� be l L ,n LEED for Neighborhood Development (LEED -ND) I Congress for the New rb anism a 1 0 2 FE, , RE... CNU 19: GROWING LOCAL _ co�<;wrs 19, MADISON WI JUNE 1 -4, 2011: EXPLORE FOR 1 I "Ox ME NI sv • TODAY'S WALKABLE, FARMABLE, BIKEABLE, (DATE OF MEETI ''R"" """` ECONOMICALLY RESILIENT CITY » »» tit E N I CHARTER CHAPTERS STORE CONTACT CNU DONATE JOIN CNU LOGIN I - ABOUT CNU NEWS CONNECT INITIATIVES RESOURCES EVENTS J AWARDS LEED for Neighborhood Development (LEED -ND) - t - 0, •_: ; z -' . 1 • - I LEED for ill I" � ;f " 1 � � . - e�t NEIGHBORHOOD _. 4.,: �f 1.P 4 ••••-• , ._ DEVELOPMENT The Nation's First Rating System for Registration Now Open Green Neighborhoods Project teams are now able to register CNU has partnered with the U.S. Green Building their projects in LEED Online. and Council (USGBC) and the Natural Resource download forms for the Smart Location & Defense Council (NRDC) to lay out a coordinated Linkage (SLL) Prerequisite Review. This and powerful environmental strategy: sustainability new feature will enable projects to at the scale of neighborhoods and communities. assess their locaiton against the SLL The joint venture, known as LEED for prerequisites before paying for a full Neighborhood Development (or LEED -ND), is a certification. Full certification will be system for rating and certifying green added in late 2010 and project teams will neighborhoods. LEED -ND builds on USGBC's be notified as soon as more information Leadership in Energy and Environmental Design is available. For full registration (LEED) systems, the world's best -known third- information, please visit the USGBC party verification that a development meets high Website. To leam more about the SLL standards for environmental responsibility. LEED- Prerequisite Review, check out the ND integrates the principles of new urbanism, following documents. green building, and smart growth into the first national standard for neighborhood design, • LEED -ND Project Certification expanding LEED's scope beyond individual FAQ buildings to a more holistic concern about the • LEED -ND Program FAQ context of those buildings. LEED -ND Resources LEED -ND 2009 Final Version • A Local Government Guide to • LEED 2009 for Neighborhood LEED for Neighborhood Development Rating System Development explores how (ZIP - 12 MB) LEED -ND can be best used by • Project Checklist local govemments to achieve sustainability goals. Check USGBC's website for the latest addenda- • The LEED Reference Guide for Green Neighborhood Development is now available in General Information hardcopy and e-book. CNU Members receive a discount, visit • LEED -ND Public Presentation Member Benefits for code. • LEED -ND Background • Frequently Asked Questions Contact http: / /www.cnu.org /Ieednd 1/25/2011 LEED for Neighborhood Development (LEED -ND) 1 Congress for the New Urbanism Page 2 of 2 • Nora Beck, CNU Project Manager, 312/551 -7300, nbeck {at} cnu org BUILD / CONGRESS Q e FOR THE t� G New U NRDC LEED t/SGBG irc Emm s easy Otwoc - " Photo: Excelsior & Grand in St. Louis Park, Minn. has been Registered for the LEED -ND Pilot. (Photo credit: Alec Johnson, AC Johnson Photography) © 1997 -2010 Congress for the New Urbanism. Opinions posted in CNU Salons and in comments are those of their respective authors, not of CNU. http: / /www.cnu.org /leednd 1/25/2011 AIS -333 Item #: 7. Business Meeting Date: 01/25/2011 Length (in minutes): 5 Minutes Agenda Title: Consider Approval of the 2011 City Council Goals Submitted By: Cathy Wheatley Administration Item Type: Motion Requested Meeting Type: Council Business Meeting - Main ISSUE Review and consider the proposed list of 2011 Council Goals. STAFF RECOMMENDATION / ACTION REQUEST Approve the goals as listed. KEY FACTS AND INFORMATION SUMMARY • The City Council met on December 30, 2010, to set goals for 2011. • Joe Hertzberg facilitated this meeting and prepared a list of proposed final goals that Council members selected as their top priorities after an afternoon of discussing, brainstorming, and determining areas of consensus among the members. • Council received a draft copy of the proposed goal list for review with the request to provide the City Recorder with proposed edits. • The City Council will discuss the proposed goal list and might make additional changes to the wording during the January 18 Workshop. After the workshop meeting with direction from the Council, staff will prepare the final goal list for formal approval by the City Council at the January 25, 2010, business meeting. • This agenda item summary will be updated and the final goal list attached after the Council discussion on January 18. OTHER ALTERNATIVES Revise the goals statements. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS These goals will be used to set staff priorities for the next year. Staff will prepare quarterly status reports on progress towards achievement of these goals. DATES OF PREVIOUS COUNCIL CONSIDERATION December 30, 2010 January 18, 2011 Attachments No file(s) attached. X32 m 1 C\ DRAFT 2011 TIGARD CITY COUNCIL GOALS On December 30, 2010, the Cite Council met to set its goals for the comingyear. These goals represent those items that the Council feels deserve special attention in the months ahead. The will accomplish much more than what is listed here, but we ident61 these to be of particular importance to our residents. 1. Implement Comprehensive Plan a. Show substantial progress on new Tigard Triangle Master Plan. b. Update Tree Code. c. Participate in the Southwest Corridor Study. d. Work with state and regional partners to modify the Transportation Planning Rule. e. Work with partners on urbanization policy issues. 2. Implement Downtown and Town Center Redevelopment Opportunities a. Develop strategy and materials to attract developers and tenants. b. Advance Ash Avenue Railroad Crossing. 3. Complete Plans for Parkland Acquisition 4. Advance Methods of Communication a. Communication is a part of everyone's job. b. Support efforts to change organizational culture. 5. Continue Coordination with Lake Oswego on Water Partnership. 6. Financial Stability a. Hold the line on the General Fund Budget. b. Work with partners on long -range solutions to statewide structural problems. c. Evaluate the City's internal sustainability efforts. Five -Year Council Goals • Obtain Ash Avenue railroad crossing in downtown • Explore 99W Urban Renewal District • Continue to support the Legislature in addressing the financial needs of state and local governments in Oregon • Develop long -term financial strategy • Start implementing plan for City facility needs • Develop Sustainability Plan Long -Term Council Goals • Continue pursuing opportunities to reduce traffic congestion • Continue implementing Downtown Urban Renewal Plan • Continue to monitor the Tigard /Lake Oswego Water Partnership 1: \ADM \City Council \GOALS \2011 \Proposed Final Goal List with Five -Year and Long- Term.docs AIS -245 Item #: 8. Business Meeting Date: 01/25/2011 Length (in minutes): 5 Minutes Agenda Title: City Council 4th Quarter Goal Update Submitted By: Joanne Bengtson Administrative Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Update Council on the progress made on City Council Goals during 2010. STAFF RECOMMENDATION / ACTION REQUEST N/A - Informational Update Only KEY FACTS AND INFORMATION SUMMARY The 4th Quaretr goal update is attached. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS This is an update of progress made on all of the Council's 2010 Goals. DATES OF PREVIOUS COUNCIL CONSIDERATION Council receives quarterly updates, with the 3rd Quarter Update being presented on November 9, 2010. Fiscal Impact Fiscal Information: No fiscal impact to report. This is a Council Goal Update - Information Only. Attachments 4th Ouarter Goal Update AgendaQuick©2005 - 2011 Destiny Software Inc., All Rights Reserved 2010 4th Quarter Goal Update On December 22, 2009, the City Council met to set its goals for the comingyear. These goals represent those items that the Council feels deserve special attention in the months ahead. The City will accomplish T I G A R D much more than what is listed here, but we identt these to be of particular importance to our residents. 2010 Council Goals 1. Implement Comprehensive Plan a. Complete the Transportation System Plan (TSP) and begin area plans (Tigard Triangle, 99W Corridor, etc.) Council adopted the Tigard 2035 Transportation System Plan on November 23, 2010. It became effective on December 23, 2010 and has been submitted to the Oregon Department of Land Conservation and Development as a completed task as required by the city's periodic review work program. b. Update Tree Code The Urban Forestry Code Revisions (UFCR) Citizen Advisory Committee and Technical Advisory Committee have come to general consensus on the issues of hazard trees, street trees, and how the current Tree Replacement Fund should be utilized. They have also provided input on development - related tree requirements. The UFCR Public Involvement Plan continues to be implemented with regular updates to the project website, interested parties and briefings to Planning Commission and Council. The required tree grove inventory is complete. This sets the stage for developing language for the incentive -based tree grove preservation program. c. Continue to promote plan for 99W Light Rail The city received Notice to Proceed with the Transportation Growth Management (TGM) grant to develop a land use plan for potential high capacity transit (HCT) station areas. Council appointed the Transportation Advisory Committee to serve as the Citizens Advisory Committee (CAC) for this project. The first HCT CAC meeting will be held in January. 2. Implement Downtown Urban Renewal a. Initiate developer outreach /recruitment Staff met with Portland developer Dick Singer to get his feedback and advice on Urban Renewal projects. He made several suggestions, some of which will be the basis of future agenda items with the City Center Advisory Commission and City Center Development Agency. The City Center Development Agency reviewed the results of a development opportunity study on a Downtown property and a conceptual residential site design on the Public Works Annex. Staff is evaluating downtown properties for additional development opportunity studies. b. Adopt Downtown Circulation Plan Several revisions to the draft plan have been made in response to the City Center Advisory Commission endorsement and implementation of the plan. Additional consultant work will be Council Goal Update 1 completed to develop draft implementing code language, followed by additional outreach to property owners who could be impacted by the plan. 3. Strategize with Park and Recreation Advisory Board on a 2010 Parks Bond a. Decide whether to return to ballot and, if so, when? Ballot Measure No. 34 -181 is on the ballot for November 2, 2010. (Measure Approved) Caption: $17 million general obligation bond to acquire open spaces, protect clean water, improve parklands b. Develop land acquisition strategies (potential options to purchase, etc.) City Council held a joint meeting with the Park & Recreation Advisory Board on December 21, 2010. The PRAB presented a Park Property Acquisition and Improvement Program Charter. The PRAB has further defined the criteria laid out in the bond for property purchases. The top four priorities were also discussed. Council and PRAB concurred that judgment should be a factor in the final purchase decision along with the criteria. 4. Advance Methods of Communication a. External: Develop communication strategy and methods in support of city goals. The 99W HCT Corridor Land Use Study is underway, with staff conducting stakeholder interviews and employing new methods of communication for outreach. Council appointed the Transportation Advisory Committee in December to serve as the Citizens Advisory Committee (CAC) for this project. The first HCT CAC meeting will be held in January. The Urban Forestry Code Revisions project is in full swing with public input, online materials and a system for receiving comments through email, mail, or the web site as well as Cityscape and a new code revisions newsletter. A successful open house to kick -off the Tree Grove Preservation Program was held. The website is being updated, including an interactive map which allows easy access to tree grove inventory information. b. Internal: Support staff efforts to change the organizational culture to create a proactive environment of exceptional people and service, promoting the values of " respect and care," "get it done," and do the "right thing" (Strategic Clarity) The City Values Team, comprised of staff representatives from all city departments, began meeting regularly to support and keep the newly adopted city values integrated into all aspects of city service and department operations. The team also created an internal web page that fosters and communicates the city values to all staff, including the department recognition programs, which highlight staff that are displaying the values daily in their service delivery. Information about the values is being shared at the department, division, and individual level meetings. 5. Support 2010 Washington County Cooperative Library Services (WCCLS) and Washington County Public Safety Levies Voters approved levies for Renewal of a Local Option Levy for Countywide Public Safety and Renewal of Local Option Levy to Support Countywide Library Services. Council Goal Update 2 AIS -345 Item #: 9. Business Meeting Date: 01/25/2011 Length (in minutes): 10 Minutes Agenda Title: Consider Resolution Urging the City of Portland to Rejoin the Portland Joint Terrorism Task Force Prepared For: Al Orr, Police Chief Submitted By: Cathy Wheatley Administration Item Type: Resolution Meeting Type: Council Business Meeting - Main ISSUE The Tigard City Council will consider a resolution urging the City of Portland to rejoin the Joint Terrorism Task Force. STAFF RECOMMENDATION / ACTION REQUEST Adopt the proposed resolution. KEY FACTS AND INFORMATION SUMMARY • In light of the recent alleged attempted bombing of the Tree Bombing Ceremony at Pioneer Square, the City of Portland is reconsidering its 2005 decision to withdraw from the Joint Terrorism Task Force. • The City of Tigard is part of the Portland metropolitan area and recognizes that crime does not respect political boundaries and the fight against crime requires cooperation among all of our police forces. • Terrorism, in particular, because of its political nature, requires close cooperation between local police forces and national and international intelligence agencies. • Large public gatherings are likely targets and a successful terrorist attack has the potential to cause harm to persons who reside outside the political boundaries of Portland; the cities that surround Portland are impacted by decisions made by the Portland City Council. • The City of Tigard acknowledges the legitimate concerns of the City of Portland to protect the civil rights of citizens; however, the risk of potential violence perpetrated by terrorists in our area are sufficient to merit the City of Portland's renewed participation in the Joint Terrorism Task Force. • The City of Tigard has limited resources, which prevent participation in this task force and the city relies on participation by other local law enforcement agencies to provide timely and critical investigations of acts of terrorism within the Portland metropolitan area. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Proposed Resolution • 11 • . • TIGARD City Council City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the CCDA Meeting on January 25, 2011 STATE OF OREGON) County of Washington) ss. City Tigard ) I, C n 1 4 .1 1 tit / , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notification of the Joint Meeting of Tigard and Lake Oswego City Councils A copy of said Notice being hereto attached and by reference made a part hereof, on the If day of a GiG{Cc (l7 ,2011. Signature of P who Performed Notification Subscribed and sworn (or affirmed) before me this O day of , 2011. �.t� may►. e 1, Signature of Notary Public for Oregon OFFICIAL SEAL == " CATHERINE D WHEATLEY ��, :�� NOT ARY pUgLIC-0REOON CO MMISSION NO. 410237 MY COMMISSION EXPIRES AUG. 04, 2011 + 4 rj'9 a 'r a • . TIGARD City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of the CCDA Meeting January 25, 2011 STATE OF OREGON) County of Washington) ss. City of Ti a ) I, i&4 ( M (,t Q,-( being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following organization by fax : ❑ Newsroom, Tigard Times and the following people /organizations by e -mail: ❑ Eric Florip, The Oregonian (ericflorip @news.oregonian.com) ❑ Listings, The Oregonian (Listings( news.oregonian.com) ❑ Editor, The Regal Courier (Editor(u,theregalcourier.com) ❑ Geoff Pursinger, Tigard Times(gpursinger @commnewspapers.com) e A co y of said Notice being hereto attached and by reference made a part hereof, on the J' day of . 2011. SignaTr7of Person who Performed N /ication Subscribed and sworn (or affirmed) before me this � 7 day of 2010. & Signature of Notary Public for Orego i '% OFFICIAL SEAL ': ,7 CATHERINE D WHEATLEY NOTARY PUBUC-OREGON COMMISSION NO. 419237 MY COMMISSION EXPIRES AUG. 04, 2011 ** Transmit Confirmation Report ** P.1 Jan 19 2011 12:05pm D.S.S Name /Fax No. Mode Start Time Page Result Note 5035460724 Normal 19,12:05pm 0'47" 1 * 0 K 9 r �. f s � ¢ {,r T I G A R D .4444 ct ` 5 NOTICE The City Center Development Agency (CCDA) will have before it the following item for consideration at the City Council and City Center Development Agency January 25, 2011 Meeting: Executive Session called under ORS 192.660 (2) (e) to discuss real property transaction negotiations. Please forward to: O Eric Fiorip, The Oregonian (ericflonp @oregonian.com) ❑ Listings, The Oregonian (h,omgor>;_ a ❑ Editor, The Regal. Coiaiet Utg teteualcnun O Geoff Pursinger, Tigard Times to ur i _ • aic • mmnews • a • e .com E Newsroom, The Times (Fax No. 503 -546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further infounation, please contact Deputy City Recorder Carol Krager by calling 503 -718 -2419. (((�� Deputy City Recor e er r ? Date: 9- 1.4 !`dntij / O / v /7 Post: Tigard City Hall Tigard Permit Center Tigard Public Library • TIGARD`CITY CENTER DEVELOPMENT AGENCY • MEETING • January 25, 201 :1, - T I GARD TIGARDGTY TT 13125 SW HALL BLVD. • tit ARD OR 97223 NOTICE The City Center Development Agency (CCDA) will have before it the following item for consideration at the City Council and City Center Development Agency January 25, 2011 Meeting: Executive Session called under ORS 192.660 (2) (e) to discuss real property transaction negotiations. Please forward to: ❑ Eric Florip, The Oregonian (ericfloripaoregonian.com) ❑ Listings, The Oregonian (listings @oregonian.com) ❑ Editor, The Regal Courier (Editor @theregalcourier.com) ❑ Geoff Pursinger, Tigard Times( gpursinger acommnewspapers.com) ❑ Newsroom, The Times (Fax No. 503 - 546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503- 718 -2419. Deputy City Recor ea r Date: 94.7p, UQ / / 0 Post: Tigard City Hall Tigard Permit Center Tigard Public Library