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City Council Packet - 05/10/2011 l ll li q TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING May 10, 2011 COUNCIL MEETING WILL BE TELEVISED I: \Design & Communications \ Donna \City Council \ccpktl 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov ! City of Tigard Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL & LCRB Revised May 9, 2011 to remove Consent Agenda Items No, IC and ID, and move discussion on City Manager Recruitment (formerly Agenda Item No. 6 ) into a Study Session held at the end of the Business Meeting. MEETING DATE AND TIME: May 10, 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 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign -in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http: / /www.tvctv.nrg /govern m e n t- progra m m ing /government - meetings /tiga rd CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. III City of Tigard Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL & LCRB MEETING DATE AND TIME: May 10, 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 • STUDY SESSION A. UPDATE ON THE CITY'S EFFORTS TO HIRE A PARK BOND PROGRAM MANAGEMENT CONSULTANT B. CONSIDER A REQUEST FROM THE TRUST FOR PUBLIC LANDS TO SUPPORT SENATE BILL 342 • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. 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 C. Tigard Area Chamber of Commerce D. Citizen Communication — Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. RECEIVE AND FILE Three -month Council Calendar Tentative Agenda B. ADOPT REVISIONS TO CITY WIDE PERSONNEL POLICIES C. AWARD CONTRACT FOR AUDITING SERVICES Item has been removed from the agenda and will be discussed at the May 17, 2011 Council Workshop Meeting, D. AUTHORIZE THE CITY MANACER TO EXECUTE AN INTERCOVERNMENTAL AGREEMENT WITI I WASIIINCTON COUNTY REGARDING TI IB SUNRISE PROPERTY Item has been removed from the agenda. • 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. PUBLIC HEARING FOR CITY OF TIGARD ECONOMIC OPPORTUNITIES ANALYSIS 5. PRESENTATION ON STATUS OF TRANSPORTATION PLANNING RULE AND RELATED ISSUES 6. COUNCIL LIAISON REPORTS 7. NON AGENDA ITEMS ADJOURN BUSINESS MEETING & CONVENE STUDY SESSION - Red Rock Creek Conference Room 8. STUDY SESSION • CITY MANAGER RECRUITMENT; SEARCH FIRM DECISION; CANDIDATE PROFILE AND INTERVIEW QUESTIONS 9. 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. 10. ADJOURNMENT IN q City ofTigard . Study Session - Agenda TIGARD TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: May 10, 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 • STUDY SESSION • Administrative Items: ✓ EOA Updates /Metro Info (Community Development) A. UPDATE ON THE CITY'S EFFORT TO HIRE A PARK BOND PROGRAM MANAGEMENT CONSULTANT B. CONSIDER A REQUEST FROM THE TRUST FOR PUBLIC LANDS TO SUPPORT SENATE BILL 342 Council Calendar: May 17 Tuesday Council Workshop and Study Session Meeting — 6:30 pm, Town Hall 24 Tuesday Council Study Session /Business Meeting — 6:30/7:30 pm, Red Rock Creek Conference Room /Town Hall 30 Monday Memorial Day Holiday Observed — City Offices Closed June 14 Tuesday Council Study Session /Business Meeting — 6:30/7:30 pm, Red Rock Creek Conference Room /Town Hall 21 Tuesday Council Workshop Meeting— 6:30 pm, Town Hall 28 Tuesday Council Study Session /Business Meeting — 6:30/7:30 pm, Red Rock Creek Conference Room /Town Hall July 04 Monday Fourth of July Holiday Observed — City Offices Closed 12 Tuesday Council Study Session /Business Meeting — 6:30/7:30 pm, Red Rock Creek Conference Room /Town Hall 19 Tuesday Council Workshop Meeting— 6:30 pm, Town Hall 26 Tuesday Council Study Session /Business Meeting — 6:30/7:30 pm, Red Rock Creek Conference Room /Town Hall TIGARD CITY COUNCIL STUDY SESSION AGENDA — May 10, 2011 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -639 -4171 I www.tigard- or.gov I Executive Session — The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660 (2) (f) - Exempt public records — to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192 -660 (2) (g) - Trade negotiations — involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel — for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment- related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) (j) - Public investments — to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. I:1ADMICATHYICCA SS - PINK SHEET120111110510.doc TIGARD CITY COUNCIL STUDY SESSION AGENDA — May 10 2011 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard - or.gov 9 u4 SP�sio AIS -492 Item #: A. Business Meeting Date: 05/10/2011 Length (in minutes): 10 Minutes Agenda Title: Update on the City's Efforts to Hire a Park Bond Program Management Consultant Prepared Fur: Steve Martin Submitted By: Steve Martin Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE The Council will hear an update on the City's efforts to hire a park bond program management consultant. STAFF RECOMMENDATION / ACTION REQUEST No action required. Information only. KEY FACTS AND INFORMATION SUMMARY In November 2010, Tigard voters passed a $17 million park bond measure. Council Resolution No. 10 -40 and Exhibit A, the "Notice of City Measure Election," are attached. The notice states: If approved, this measure would authorize the City of Tigard to sell up to $ 17 million in bonds for land acquisition, restoration, capital construction and improvements allocated as follows: • 80% or more to acquire land to preserve open space, parklands, and wildlife habitat, protect streams for improved local water quality to benefit fish and wildlife, • 20% or less to create and improve community parks, recreational areas, and trails, and • Up to 10% of the total for downtown park land. Bonding laws require that bond funds be dispersed within a three -year period from the date of sale. Since bonds were sold in February 2011, any acquisitions or improvements need to be completed within the next 33 months. The Park and Recreation Advisory Board (PRAB) met with the City Council on December 21, 2010. Packet materials for this meeting included a Park Property Acquisition and Improvement Program Charter. Based upon time constraints imposed by the bonds, the lack of staff resources and experience, and the limited duration of the work, the charter acknowledged the following skills and expertise would be needed from outside consultants: 1. Program management (management. scheduling, cost control, and coordination) 2. Public information and involvement strategist 3. Real property acquisition 4. Real estate appraisal 5. Environmental investigations and contamination surveys 6. Landscape architecture (for park development projects) 7. Real property legal services 8. Title insurance and title searches 9. Bond sale services 10. Bond legal counsel The City issued a Request for Proposals for Parks Acquisition and Improvement Program Management Services in late February. Under the scope of work outlined by the City, the successful firm will manage items I through 8 of the aforementioned services. Five firms submitted proposals. The PRAB chairperson participated in the evaluation of program management firms. The contract for program management services will come before the LCRB at an upcoming meeting. Staff anticipates the program management consultant will coordinate up to eight park acquisitions and up to six park development projects. OTHER ALTERNATIVES Council could direct staff to follow some other course of action in lieu of hiring a program management consultant. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2011 Tigard City Council Goal No. 3, "Complete Plans for Parkland Acquisition." The 2011 Council Goals Workplan lists the following services which will be needed to implement Goal No. 3: • Program management (management, scheduling, cost control, and coordination) • Public information and involvement strategy and implementation • Real property acquisition • Real estate appraisal • Environmental investigations and contamination surveys • Landscape architecture (for park development projects) • Real property legal services • PRAB support • Grant research and application The City adopted its Park System Master Plan in 2009. The plan outlines the need to acquire park property and construct park improvements to preserve open spaces, enhance water quality, and provide recreational opportunities DATES OF PREVIOUS COUNCIL CONSIDERATION At their December 21, 2010 meeting, the Council and the PRA B discussed the program management consultant as part of the Park Property Acquisition and Improvement Program Charter. Fiscal Impact Fiscal Information: Federal IRS regulations require that bond funds be dispersed within a three -year period from the date of sale. Since bonds were sold in February 2011, any acquisitions or improvements need to be completed within the next 33 months. The program management costs are estimated at $275,000 over the life of the bonds. Expenditures will likely be greater in 2011 and 2012 and should wind down as the bond dispersal deadline approaches. Actual program management costs will depend on the number and complexity of the acquisitions and improvements pursued. As with other capital improvements, the program management costs will be billed to various projects, such as the acquisition of park land. PRAB Resolution No. II-1 recommends the Tigard City Council adopt a fiscal year 2010-2011 parks bond fund budget which includes funding for program management. Continued use of a program management consultant is anticipated in fiscal year 201 1 -2012. Several park purchases have been completed or are nearing completion. It is anticipated that as of July 1, 2011 approximately $8 million of unallocated bond proceeds will remain. Attachments Resolution No. 10 -40 Park Bond Program Charter PRAB Resolution 11 -I Park Bond Administrative Issues Memo CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 10- 1, 10 A RESOLUTION OF THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, CALLING A MEASURE ELECTION TO SUBMIT TO THE ELECTORS OF THE CITY THE QUESTION OF CONTRAC LING GENERAL OBLIGATION BONDED INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $17 MILLION TO ACQUIRE OPEN SPACES, PROTECT CLEAN WATER, IMPROVE PARKLANDS; DECLARING IN 1 ENT TO REIMBURSE EXPENDITURES; AND RELATED MATTERS. WHEREAS, the City Council of the City of Tigard, Washington County, Oregon (the "City "), has determined that a need exists for the City to finance the costs of land acquisition and capital improvement related to protection of water quality in local creeks and streams; preservation of natural areas, wildlife habitat; creation of community parks and recreational areas; construction and improvement of hiking, biking and walking trails through land acquisition and restoration. The bond proceeds would also be used to pay bond issuance costs; and WHEREAS, the costs of the Project to be funded with bond proceeds are estimated to be not more than $17,000,000; and 'WHEREAS, Oregon Revised Statutes Chapter 287A.050 authorizes the City to contract bonded indebtedness to provide funds to finance the costs of the Project and to pay bond issuance costs subject to voter approval; and WHEREAS, the City anticipates incurring expenditures (the `Expenditures ") to finance the costs of the Project and hereby declares its official intent to reimburse itself for any Expenditures it may make on the Project from the proceeds of voter- approved general obligation bonds (the "Bonds "), the interest on which shall be excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code "); and WHEREAS, The City understands that the use of proceeds of the Bonds to reimburse an Expenditure may occur no later than the later of (a) 18 months after the date of such Expenditure or (b) 18 months after completion of the projects to which such Expenditure relates, and in any event no later than three years after the date of such Expenditure; and may occur no earlier than sixty (60) days prior to the date of the adoption of this resolution; except for preliminary expenditures in an amount not exceeding 20% of the Bond proceeds or expenditures which do not exceed the lesser of $100,000 or 5 percent of the Bond proceeds. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: A measure election is hereby called for the purpose of submitting to the electors of the City the question of contracting general obligation bonded indebtedness in the name of the City in an amount not to exceed $17,000,000. Bond proceeds will be used to finance the Project and pay all Bond issuance costs. The Bonds shall mature over a period of not more than twenty -one (21) years. Pursuant to ORS 250.285, the City Council approves the ballot title that is attached as Exhibit A and directs that this ballot title be filed with the City Attorney and the City Elections Officer. RESOLUTION NO. 10 - LSD Page 1 SECTION 2: The measure election hereby called shall be held in the City on the 2nd day of November, 2010. The election shall be conducted by mail pursuant to ORS 254.465 and 254.470. SECTION 3: The City authorizes the Mayor, City Manager (each an "Authorized Representative ") or a designee of the Authorized Representative to act on behalf of the City and to take such further action as is necessary to carry out the intent and purposes herein in compliance with the applicable provisions of law. SECTION 4: Pursuant to ORS 250.275(5), the City Elections Officer shall publish in the next available edition of the Tigard Times or in some other newspaper of general distribution within the City, a notice of receipt of the ballot tide including notice that an elector may file a petition for review of the ballot title pursuant to ORS 250.296 not later than the seventh business day after the title is filed with the City Elections Officer in substantially the form attached hereto as Exhibit B (the "Notice "). SECTION 5: Pursuant to ORS 254.095(2) the City directs the City Elections Officer to file a Notice of City . Measure Election in substantially the form of Exhibit A with the Washington County Elections Office not earlier than the eight business day after the date on which Exhibit A is filed with the City Elections Officer and not later than September 2, 2010 (sixty -one (61) days prior to the election date). The Washington County Elections Office is required to produce and disseminate a facsimile of the ballot in accordance with ORS 254.205. SECTION 6: The City hereby declares its official intent to reimburse itself with the proceeds of the Bonds for any of the Expenditures incurred by it prior to the issuance of the Bonds. SECTION 7: The law firm of I{ & L Gates LLP, is hereby appointed to serve as bond counsel with respect to the issuance of the Bonds. The City will pay the fees and expenses of bond counsel from Bond proceeds. SECTION 8: This resolution shall take effect immediately upon its adoption by the City Council. PASSED: This Q day of l A Xr_ 2010. t ayor ofT d Y City Tigard (s 4M City Recorder - City of Tigard I:\ Citywide \Council Packets \Packet'10 \100727 \Bond Measure Resolution REVISED 7- 21- 10.doc RESOLUTION NO. 10 - 4a Page 2 EXHIBIT A NOTICE OF CITY MEASURE ELECTION CITY OF TIGARD WASHINGTON COUNTY, OREGON NOTICE IS HEREBY GIVEN that on November 2, 2010, a measure election will be held in the City of Tigard, Washington County, Oregon. The following shall be the ballot title of the measure to be submitted to the City's voters on this date: CAPTION BOND TO ACQUIRE OPEN SPACES, PROTECT CLEAN WATER, IMPROVE PARKLANDS QUESTION SHALL CITY ISSUE $17 MILLION GENERAL OBLIGATION BONDS TO ACQUIRE, PRESERVE AND PROTECT OPEN SPACES, WATER QUALITY, HABITAT, AND PARKS? If the Bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of Sections 11 and 11b, Article XI of the Oregon Constitution. SUMMARY If approved, this measure would authorize the City of Tigard to sell up to $17 million in bonds forland acquisition, restoration, capital construction and improvements allocated as follows: • 80 % or more to acquire land to preserve open space, parklands, and wildlife habitat, protect streams for improved local water quality to benefit fish and wildlife, • 20 % or less to create and improve community parks, recreational areas and trails, and • Up to 10 % of the total for downtown park land. This investment is for the benefit of current and future generations. The Parks and Recreation Board would provide oversight; spending would be audited in the City's yearly audit. Bonds would mature in 21 years or less from issuance and may be issued in one or more series. The estimated additional annual cost to property owners would be $0.29 per $1,000 of assessed valuation. For a home with the median assessed value of $207,000, the City estimates that the additional monthly cost would be about $4.99 per month, or $60 per year. EXHIBIT B NOTICE OF RECEIPT OF BALLOT TITLE Notice is hereby given that a ballot title for a measure referred by the City of Tigard has been filed with the City Elections Officer on July 27, 2010. The ballot title caption is BOND TO ACQUIRE OPEN SPACES, PROTECT CLEAN WATER, IMPROVE PARKLANDS. An elector may file a petition for review of this ballot title in the Washington County Circuit Court no later than 5:00 p.m., August 5, 2010. 1 - 1244 4;.a MA-Oaf/et a. .1: � .D. a l/o Signature of City Elections Officer to si• ' ed Catherine Wheatley City Recorder Printed name of City Elections Officer Title This legal notice is to be published by the City Elections Officer in the Tigard Times, Tigard, Oregon, or in another newspaper of general distribution within the City. I: \ Citywide \Council Packets \ Packet '10 \100771 \Park Bond Resolution Exhibits A and B - REVISED.docx PR S GRAM CHARTER TLG TO: Steve Martin, Program Manager FROM: Dennis ICoellermeier, Public Works Director RE: Park Property Acquisition and Improvement Program Charter DATE: December 17, 2010 Background The City adopted its Park System Master Plan in 2009. The plan outlines the need to acquire park property and construct park improvements to preserve open spaces, enhance water quality, and provide recreational opportunities. Progress towards fulfilling these needs has been hampered by the lack of funding. On November 2, 2010, Tigard voters passed a $17 million general obligation bond to fund the purchase of real property for parks and to fund a limited amount of park improvements. What are the program drivers? Tigard voters approved the $17 million park bond measure to acquire and preserve open space, natural areas, and wildlife habitat; improve parks and open spaces, preserve clean water by acquiring lands near rivers, creeks and streams throughout Tigard. Attachment' 1, the "Notice of City Measure Election," dictates how bond revenues may be used. The bond measure audmrked the (ii}s of Tigard to sell up to $ 17 million in bonds for land atgttisition, restoration, capital construction and improvements allocated as follows: o 80% or more to acquire land to preserve open space, parklands, and wildlife habitat, protect streams for improved local water qualify to benefit fish and wildlife, o 20% or less to create and improve community parks, recreational areas, and trails, and • Up to 10% of the total for dovuto n park land All of projects in this program must meet the criteria outlined in the notice, This program will make substantial progress in fulfilling the needs delineated in the Park System Master Plan. What master plan recommendation or policy does this project implement and when was the plan or policy adopted by the city? This program implements a key Council goal and recommendations from the Park System Master Plan. The funding will not be sufficient to accomplish all the goals in the plan, but this program will accomplish some park improvements and make significant progress toward property acquisition. In general property acquisitions and improvements should be selected from the Capital Project List, Exhibit C, of the Park System Master Plan and have a "Priority 1" ranking on the list. The Capital Project List is included as Attachment 2. The following planning documents will also provide guidance: o Greenway Trails Master Plan a Neighborhood Trails Plan o Tigard Downtown Implementation Strategy' - What design criteria and /or standards apply to tivs program? All property acquisition shall be conducted in accordance with the city's real property purchasing policy and procedure. No property purchase shall :close without at least a Level I environmental and contamination assessment. - The Park System Master Plan is the gilt document of,this program. Beyond these goals, the improvements meet functional and safetj;'iequirements for facility. For example, playgrounds will de designed and constructed to indtisiiy standards. Streets,=toads, and parking lots will be designed and constructed to accommodata {traffic, so facilities are safe and will have a long, useful life. All impcoi emcgts must be'pernutted.under the city's‘land use codes and environmental permitting:iequiteMents. Stornitvate ;facilitiesshall.meet Clean Water Services design standards. The program is also subject tothond re.gdirements.',:' What are tli'e other criteria that must be metfor the program to be considered successful? Since this.program is funded by voter - approved bonds, it is essential that all of the projects fulfill the promises made to the voters' in _attachment I, the "Notice of City Measure Election." Since more the 80 percent of the Bind funds mist be spent for real property acquisition, the standards regarding+hbw property uzpurchased are important. The real property/acquisition policies and procedures apply tb this project. Federal standards for property acquisition and relocation do not generally apply to thii;pigj taiia. However, should federal funds be used for property acquisition, the purchase process must meet the federal requirements under the Uniform Relocation Assistance and Property Acquisition Act. Stakeholders, neighbors, and interested citizens will be engaged and involved in the process to design and construct the improvements. Communication with Tigard citizens is especially important because they voted to fund this program through increased property taxes. However, the City must balance the desire to share public information with its need to protect confidential property negotiations. A communication plan and strategy will be developed and state when, how and who can release information to the public. The plan shall emphasize timely communications of accomplishments and setbacks when appropriate. Another aspect of success is the ability of the program to use the $17 million in bond proceeds to leverage park system development charge funds, grants, and contributions by private parties and other public agencies. While unpredictable, historically projects with secure local matches are successful in obtaining competitive grant funding at the state level. Who will guide the project? Pnblic Lnnloemeni The entire community benefits from the new parks and improvements provided by this program. The community will also be paying taxes to retire these bonds. Therefore everyone is involved and has an interest in this program. A general public information planwyill be needed and shall be developed during the initial phase of the program. Additionally-public involvement plans will be developed for each park improvement project. Ourr igGl Roles The Park and Recreation Advisory Board (PRAB),ail dies the City Council on issues related to public parks and recreational facilities including.acgtiisition, rules, and the expenditure of allocated funds. The PRAB is chartered to prioritize the projects and provide oversight.of the program implementation. In addition it will act as the public futa m to engage the citizens in the program. • The City Council retains the role of public accountability. It. Will ensure program tasks arc accomplished and funds are being spenciFisdy: In addition, the Council retains its role in oversight of procurement, audit, facility naming, rules and regulations, andgeneral management. Tigard Common) Dumlof menfDepurmgnn! • Some property purchases and /or iinprovementWmingirn olve land use processes administered by the Community DevelopmehuDepartment. Program Rroietv;Gd inu'!lee + • The Ptogram'Review.Committee,wtll provide igfernal ` oversight for the program. They will be reviewing } work producfs;=piogress, budget, communication efforts, and results of the work managing 4he., program. • Dennis Koellermeier, Public \Works §;Director, Oversight Committee Chair • Brian Rager, Assistant Public Works Director • Ted Kyle, City Engineer • Liz Newton, Assistant Cih;-Rdanager • Toby LaBrance, Finan%e.and Information Services Director • Ron Bunch, Community Development Director Who is affected by the program? This section identifies people and groups with an interest in the program that could have influence over the program's outcome. This list represents an initial attempt to identify stakeholders; the list will grow with time as more people become involved throughout the course of the program. External Slakewalderr External stakeholders arc people and organizations outside the city that have an interest in the program and its projects. They include individuals, organized groups, governments, and individuals who can have a significant impact on the program. a Dog park supporters o Park users o Youth sports leagues a Bicyclists and hikers a Metro a Environmental organizations Internal Stakeholders Internal stakeholders are people who work for the city and_have' an interest in the program. o City Councilors (see Oversight Roles) • Parks and Recreation Advisory Board tnert3bers(see Oversight Roles) • City Administration staff - o Public Works - Parlt /Grounds, Enginceritig:hd Stormw ater staff a Community Development - Current and Long'RangePlanning staff Program Level Staffing • - This program will have a large number of-simultaneous activitie ,,which will require close management. Most of the program's expenditures will result &omthe acquisition of real property. Acquisition requires specialized knowledge and skills- The City does have enough in -house staff to properly manage this,program.. The followtngskills$vill be needed: a Program management (management, scheduling, cost control, and coordination) o Public information and involvement strategist a Real pfgpei ry acquisition . • • Real estate appraisal • Environmental ihvesdgationsand contamination surveys a Caidscape architecture (for pirk projects) a Real'pcgperty legal ser@ices o Title insurance and title searches * Bond sale ser* ices • t o Bond legal counsel At current staffing levels, City staff has capability in: a Civil Engineering and site infrastructure design a Land Surveying a Purchasing a Contract document preparation for construction a Inspection and construction management It is anticipated that contracted services will be retained as needed and managed via assignments from the Program Manager. What is the estimated project cost and schedule? The following table outlines the budget and overall schedule for the program. A detailed program schedule is being developed. Stage Starr Date Finish Date Estimated Cost Bond Sale Costs Jan 2011 Apr2011 $200,000 Program Management Jan 2011 July,2014 500,000 Property acquisition Apr 2011 Jun 2013 13,200,000 Acquisition services Apr 2011 Jun 2013 300,000 Environmental and Apr 2011 - 100,000 contamination surreys Preliminary Design jul 2011 run 201-2 50,000 Design Jan 2012 'fan 2013 240,000 Bidding - 10,000 Construction Jul 2012 • Jun 2014 2,400,000 Total / Overall $17,000,000 How is the project funded? The funding for this program is fron4,17 million generatobligation bonds. The bond proceeds cannot be spent on operational services. They cm only be spent on land acquisition and parks development. - • Does the project affect.GitIcCassets, including infrastructure? • Creates a new asset ❑ Retires an old asset, ❑ Renews.an,existing user ❑ UpSra "an1edisting as - • The specific assets will be developed as the work progresses. • Attachment 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 10- Aj 0 A RESOLUTION OF THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, CALLING A MEASURE ELECTION TO SUBMIT TO THE ELECTORS OF THE CITY THE QUESTION OF CONTRACTING GENERAL OBLIGATION BONDED INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $17 MILLION TO ACQUIRE OPEN SPACES, PROTECT CLEAN WATER, IMPROVE PARKLANDS; DECLARING INI! ENT TO REIMBURSE EXPENDITURES; AND RELATED MATTERS. WHEREAS, the City Council of the City of Tigard, Washington County, Oregon (the "City"), has determined that a need exists for the City to finance the costs of land acquisition and capital improvement related to protection of water quality in local creeks and streams; preservation of natural areas, wildlife habitat; creation of community parks and recreational areas; construction and improvement of hiking, biking and walking trails through land acquisition and restoration. The bond proceeds would also be used to pay bond issuance costs; and WHEREAS, the costs of the Project to be funded with bond proceeds are estimated to be not more than $17,000,000; and WHEREAS, Oregon Revised Statutes Chapter 287A.050 authorizes the City to contract bonded indebtedness to provide funds to finance the costs of the Project and to pay bond issuance costs subject to voter approval; and WHEREAS, the City anticipates incurring expenditures (the "Expenditures ") to finance the costs of the Project and hereby declares its official intent to reimburse itself for any Expenditures it may make on the Project from the proceeds of voter - approved general obligation bonds (the `Bonds "), the interest on which shall be excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code "); and WHEREAS, The City understands that the use of proceeds of the Bonds to reimburse an Expenditure may occur no later than the later of (a) 18 months after the date of such Expenditure or (b) 18 months after completion of the projects to which such Expenditure relates, and in any event no later than three years after the date of such Expenditure; and may occur no earlier than sixty (60) days prior to the date of the adoption of this resolution; except for preliminary expenditures in an amount not exceeding 20% of the Bond proceeds or expenditures which do not exceed the lesser of $100,000 or 5 percent of the Bond proceeds. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that SECTION 1: A measure election is hereby called for the purpose of submitting to the electors of the City the question of contracting general obligation bonded indebtedness in the name of the City in an amount not to exceed $17,000,000. Bond proceeds will be used to finance the Project and pay all Bond issuance costs. The Bonds shall mature over a period of not more than twenty-one (21) years. Pursuant to ORS 250.285, the City Council approves the ballot title that is attached as Exhibit A and directs that this ballot title be filed with the City Attorney and the City Elections Officer. RESOLUTION NO. 10 - /—,o Page 1 SECTION 2: The measure election hereby called shall be held in the City on the 2nd day of November, 2010. The election shall be conducted by mail pursuant to ORS 254.465 and 254.470. SECTION 3: The City authorizes the Mayor, City Manager (each an "Authorized Representative ") or a designee of the Authorized Representative to act on behalf of the City and to take such further action as is necessary to carry out the intent and purposes herein in compliance with the applicable provisions of law. SECTION 4: Pursuant to ORS 250.275(5), the City Elections Officer shall publish in the next available edition of the Tigard Times or in some other newspaper of general distribution within the City, a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title pursuant to ORS 250.296 not later than the seventh business day after the title is filed with the City Elections Officer in substantially the form attached hereto as Exhibit B (the "Notice "). SECTION 5: Pursuant to ORS 254.095(2) the City directs the City Elections Officer to file a Notice of City Measure Election in substantially the form of Exhibit A with the Washington County Elections Office not earlier than the eight business day after the date on which Exhibit A is filed with the City Elections Officer and not later than September 2, 2010 (sixty -one (61) days prior to the election date). The Washington County Elections Office is required to produce and disseminate a facsimile of the ballot in accordance with ORS 254.205. SECTION 6: The City hereby declares its official intent to reimburse itself with the proceeds of the Bonds for any of the Expenditures incurred by it prior to the issuance of the Bonds. SECTION 7: The law firm of K & L Gates LLP, is hereby appointed to serve as bond counsel with respect to the issuance of the Bonds. The City will pay the fees and expenses of bond counsel from Bond proceeds. SECTION 8: This resolution shall take effect immediately upon its adoption by the City Council. PASSED: This � -da of + X 2010. /�J /j a� of Tigard City 'gard ATTEST: �fiU JLj fte taceMAT City Recorder - City of Tigard I: \Citywide \Council Packets \Packet '10 \100727 \Bond Measure Resolution REVISED 7- 21.10.doc RESOLUTION NO. 10 - qb Page 2 EXHIBIT A NOTICE OF CITY MEASURE ELECTION CITY OF TIGARD WASHINGTON COUNTY, OREGON NOTICE IS HEREBY GIVEN that on November 2, 2010, a measure election will be held in the City of Tigard, Washington County, Oregon. The following shall be the ballot title of the measure to be submitted to the City's voters on this date: CAPTION BOND TO ACQUIRE OPEN SPACES, PROTECT CLEAN WATER, IMPROVE PARKLANDS QUESTION SHALL CITY ISSUE $17 MILLION GENERAL OBLIGATION BONDS TO ACQUIRE, PRESERVE AND PROTECT OPEN SPACES, WATER QUALITY, HABITAT, AND PARKS? If the Bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of Sections 11 and 11 b, Article XI of the Oregon Constitution. SUMMARY If approved, this measure would authorize the City of Tigard to sell up to $17 million in bonds for land acquisition, restoration, capital construction and improvements allocated as follows: • 80 % or more to acquire land to preserve open space, parldands, and wildlife habitat, protect streams for improved local water quality to benefit fish and wildlife, • 20 % or less to create and improve community parks, recreational areas and trails, and • Up to 10 % of the total for downtown park land. This investment is for the benefit of current and future generations. The Parks and Recreation Board would provide oversight; spending would be audited in the City's yearly audit. Bonds would mature in 21 years or less from issuance and may be issued in one or more series. The estimated additional annual cost to property owners would be $0.29 per $1,000 of assessed valuation. For a home with the median assessed value of $207,000, the City estimates that the additional monthly cost would be about $4.99 per month, or $60 per year. EXHIBIT B NOTICE OF RECEIPT OF BALLOT TITLE Notice is hereby given that a ballot title for a measure referred by the City of Tigard has been filed with the City Elections Officer on July 27, 2010. The ballot title caption is BOND TO ACQUIRE OPEN SPACES, PROTECT CLEAN WATER, IMPROVE PARKLANDS. An elector may file a petition for review of this ballot title in the Washington County Circuit Court no later than 5:00 p.m., August 5, 2010. vOi ),P..3. anti? Signature of City Elections Officer D2te sigKed Catherine Wheatley City Recorder Printed name of City Elections Officer Title This legal notice is to be published by the City Elections Officer in the Tigard Times, Tigard, Oregon, or in another newspaper of general distribution within the City. 1: \Citywide \Council Packets \ Packer '10 \ NOM \Park Bond Resolution Exhibiw A and B - REVISED.docx Attachment 2 TIGARD PARK SYSTEM MASTER PLAN UPDATE APPENDIX C CAPITAL PROJECT LIST • Tigard Park System Master Plan Capital Projects List CompnMnaive Prlorm l Project Plan Goal Priority Planning Cost E t y 8 F Park/Facility Type Site Name Project Type Description d re n I 3 3 Community Park c c ommuni t y Park Design Develop a master plan that addresee property use limitations and the needs of the community amenities Provide neighborhood amenities a/ x S 150,000 / playground. bench. picnic table) and addlional community park NowNsae approp ^ate. _ Community Perk Ca cM1 Community Park Planning Develop a ate management plan that addresses the requirements J It $ 5,000 of the Meld funding _ Community Park Cach Community Park Develop Develop park according to master Alen ✓ % Community Park Cook Park Improve park amenity AddinhesWClure for large festivals ,/ J % Community Park Fouler Properly Acquire land Purchase a portion of the School Dseicts Fowler Properly for path J r/ x 3 e,250,000 Community Park Fowler Property 005100 Develop master plan Nat addresses properly use limitations and ✓ r/ x $ 200,000 the needs of the community Community Pork Fowler Property Planning Develop a site management plan dal aedre oven the requirements ✓ % 3 10.000 of the Metro funding. Cammanl Perk Fowler Property Develop Develop property,amarng to master plan J ✓ x Community Park Proposed Community Park lPn) School Park Explore the potential develop faenmes at Templet. School Elementary School Twalrry Middle School to meet community park ✓ ✓ % eea Community Pad. Proposed Community Park (P11) hlenefr/Ang hire &te c o..up0Ily rk pmlydvnot feasible. dandy and acquire J I % iay Paster Property In s o Community Park Proposed Community Park (P11) Design Develop community park au master n o f either iN err a a school redevelopment or ✓ e / % new Community Park Proposed Community Park (P11] Develop Develop park accgrtlmg to approved master plan J J x Community Park Proposed Community Pad Sports Identify /Acquire Site Wendy and acquire land for a spogs park complex. eo ✓ ✓ x Comp — — Community Park Proposed Community Park Sports Design Develop a master plan that mMer analyzes needs for specific sport J J x Complei(Pr 0) fod101es and builds in flexibility of uses Community Park Proposed Community Park Sports Develop Develop park according to approved master plan Complex (P12) ✓ ✓ x Neighbohocd Park [horrid Pad, Improve Crossing Enhance crosmng at Bonita Road for park and regional hall users • X 000 This y 1psaingahealr designed for pure dean eplr NborMDe Pad d Design Park Develoop a bas master park ast¢Ier plan to future u tun dewlopmenl of ✓ ✓ x 3 15,000 Sls Neighborhood Pad Jack Park BntlOe Design erB ^ e ntldevelop a bridge to connect Jack Park with Foe Raton J x 3 100.000 0 Neighborhood Pad Jack Park Improve perk Develop play area on park extension. J x 3 100,000 ovied Neighborhood Pad Jack Perk Improve gall Upgrade Internal trail segments match role amenites ry nn x a pr T To are 0 uon point after proposed veils i5 and TB are oe nuRa, ✓ x — — — Neighborhood Park Metzger Edmentary School School Park Work Rid the school district to create spew on the school grounds Sal can provide local park smoothes to residents. lea vie should ✓ ✓ J % conned. wtlh the Washrnplon Square Regional Trail. Neighborhood Park North view Park Improve pad amenity Upgrade the open tud area J ✓ % Neighborhood Park Motown Park Design Design pathway from the park down the hill to the Weslvde Trail J x Corridor. N Park Norihvbw Park Develop Implement tail connection between park and Westalde Trail ✓ 3( Neighborhood Park PP - Opened East Butte Heritage Pad Design Develop a master plan for East Butte Heritage Pad that integrates e / r/ x f 130,000 (P10 ) Ote rosto^cJgaN House_w N,Peme o1Se paM1 Neighkorhood Perk Proposed East Bette Heritage Pak Develop Add local park amemMs (playground, prams allo)according In ✓ x S 350,000 (P10) approved master plan Neighborhood Park Proposed Local Park (P121 Acquire land ItlenNV new pad land adequate for local park amenities If larger oile available, acquire additional a corroder. for sport ✓ ✓ x 0 800,000 facilities such asE sebaga atId lee Neighborhood Park Proposed Local Pad (Pt2) Design Develop z master plan for new park she consider ^g the need toe addikonal sports ldeities and connections to the Fenno Creek J ✓ - x Trail Neighborhood Park Reposed Local Perk (P12) Design Develop park according to master plan ✓ I x Neighborhood Park Proposed Local Park (P9) Acquire land Identify and acquire a park Site that meets the basis design J - x guidelines for a neighborhood or linear park. Neighborhood Park Proposed Local Park (PO) Design Develop a master plan for TMs property J 33 Neighborhood Park Proposed Local Park (Pa) Develop Develop park according to the approved master plan. Including J x local paMame ^ibe¢. Neighborhood Park Tigard Triangle Area Planning Aaaresspark and recreation needs lot thislrea in We heal Tigard Triangle Plan. Consider the development of a trail acp in me wee J ✓ I % NIL as tell as plaza for employee breaks Neighborhood Perk Tigard Triangle Area Develop Develop reaeatlo^ amenities resulting den Triangle Area planning s/ ✓ ✓ x efforts _ Nelehatehooa Peal Woodard Park Develop Continue m 6 restoration piec in the south pan — _ 6 _ of park J J bnear Park Commercial park Expand/Replace bepark ids pad sire to allow car local park amemtea to be provided ed to m the aaacentner hbomood ✓ ✓ x Lineal Park Englewood cork Develop Connect the Internal m e Ideally would acq an intenm uisition w n wou space pace et b De e two n o pad segments. but J x be provide =gnage and sidewalk park segments proAde the _ Linear Park EnglewM p Add local amenities regi badeww Lat ose nev w oomkra LhIs p park. e preferably re the J J x regional :r apn local ropet, . — Linear Park Fenno Creek Ped - UAen Ple za Awre y Acquiring atldt bnm llBdDleln proPo nwa for Fenno Creek Park ✓ I x 3 1,OW,We prose n. Linear Park Panne Creek Park • Lower Park Develop rceal serve o sers erhhbr du of J J x 3 E.115000 anthp s tp theNelomoRer r papgM neighborhoods a somuth lhol the _ Lineal Park Fenno Creek Park -Fen Fenno Creek public potspa. eittso ygadrgcnks a nd nit House mdwrs paaer.k a to House Hall ^a potentially le.rd entrance garden a me Fenno J J % s 135,000 s.b135,000 Ceek Gr House near the II BOUIevaN arwe to rf b the park Linear Park Fenno CreekPark ' Urban Plaza Develop Develop plaza as per master plan to ed ppori a range of uses. r/ I x $ 4.100.000 madding an interactive fountain. Linear Park Fenno Creek Park - Park Gateway Develop Park Gateway at Main Street J ✓ 33 0 850,000 Linear Park Fenno 'Green RiPland Perk Develop Develop upland pad as described rn master plan J I x 3 1,100,000 Linear Park Proposed Senn Park Develop Implement the adopted masterpen. For future planning purposes, J x $ 250.000 .meths Ne ede rcm a the natural areagajave terrain. it. Linear Park Undeveloped Linear Park We) Identify/Acquire y/Acguire The Ideal mm would have good vlaimm et y. Iev terrain. and ¢ with the tail sa in If possible me Oily should locker ✓ ✓ - x utilize ope space land public ow ^ershrp. Linear Park Undeveloped Linear car already i near Perk (PO) Design Develop a master plan r the denufied site J ✓ x Linear Park Undeveloped linear Park (P8) Develop Develop park according w n d the approved master plan, ✓ e % park am and hall o _ Linear Perk Uniopod Linear Park(PI Design Desgna n of the loam pad - Inn i s along the role indicated at Pl to include local park amenities to serve the surrounding ✓ J x neighbo I p5¢. Linear Park Undeveloped Linear Park (P7) Develop Develop basic park aerenmes ae Se site/e) will allow. ✓ ✓ x Special use Area Additional Dog Perk Lend acquisition 0 current siewn(ot be preserved, identify land to replace the J x Paso park coma 2acre dog park Sped& use Area Additional Dry Pad Design Develop a master plan fora new dog park If We allows. consideration should tee medeloraoparatng the site baloae ✓ ✓ It wt Special Use Area dddiscnal Dog Park Develop Develop e tlakaccordmo to the master plan. ✓ - % Tigard Park System Master Plan Capital Projects List Compeherum Priority I Project Plan Goal Priority Planning Cwt I Y S Pee/Feeley Type SIN Name Praise 1ppo DnoelPlbn e 1 2 3 Speaal Use Are. en GMfiT MmwaISkMe Peri Improve peeemeney Add • double reIVxm Ionise) b sone users of We ale endbaa J f M 3 150.000 users Special Use Area Jim Grr@N Memorial Skate Park Improve park amenity Add a spectator area vine seating beyond to perimeter fence I J x Special Use Area Polm Dog Perk Peroerslrrp Negotale with newlndowners to eseed lean or acquire the V K NIC rent dog Park ante Rpprel Del Sonata P.NFano On. Link (Tit) Deer Dew,.nee...cur Wwpk the Brown Property, els project MI require srevey work. veeandspermilnp and eeslpnthal 0 x f 100.000 reflects nature of this & le end Ile importance O p imponce of! COnna ail Ranal Trail Don'ts Park/Faroa Creek Link (T _1T it) Develop Develop mgioa lied eecter including boarevslk and bridge that I x f 500,000 are orb the waling¢ on this popery. _ _ _ Regional Trail Parlor Creek (11Z Planning - IapementamrMw giddymgenury the exact mule and I x t 15,000 McAeeges to developing Nis tad segment Regional Trail Fenno Creel(T12) Acquire Acquire land enough oulraghlpurcheae or easement hoe 00olle ! x Perk south to Cook Perk Regional Troll Fenno Creek (T12) Develop Develop apprepanly scaled facilities for this section. I x Regional Trail Fenno Creek (T7) Planning Implement a Gender study ss denWy Neeuctrce.. and ,/ x 3 7.500 Malergos re devebprp pre bail segment Regional Trail Farms Creek (T7) Acqmr• Acquire land through outright purchase or easement born Woodard I x 3 150.000 Pee south to Nrghwey gig _ Regional Trail Fenno Creek (T7) Develop Develop appropriately scaled faallites hr lhls seen. ./ - x Repoeai Trace Proposed Trail Corrode fig) Planning Impemenl a coedor study maenkty es esae route and I — x challenges to devebpiq this bail segment Regional Tral Proposed Trail Comex Tel Argue) Acquire land threook outright purchase or easement horn Jack ! x P.h southwest to the open space Regional Trail Proposed Tres Ceredor (2g) Develop Develop appropretelyauled bulNee ton pia welter V 00 Regional Trail RalPlo -Trod ( Planning Right-of way should be master pinned to identify appropriate uses / x 3 15.000 of land adjacent m trail sod trail arnerr« rW UVed _ Regional seal RaPakk ( Aukire Acquire Land through wbbl Purees, on easement cmmceng from Fennoaeek 7 ratabrg the railroad Wads south bNyiway I x 3 400,000 3 _ Regional Tier) Rail- b.T1ee (TB) Develop Develop eppropnalely scaled lecl0ues for Ode section. a/ x Regional Del Schools Ferry Croaang Overpese crossing Work we pee Tualatin Hills Paes end Recreation District lo I x improve the cal croeseg al Schools Fey end Fanno Creek. _ Repeal Trad Wehrngton Square Rep>rel Planning Implement a comb study to examine • range of die end J - x CenterTm1T3) pedestrian seuwns n this area. Regional Trail WeYUngroe Square Regional Acquire Acquire land through outright purchase et easement hoe Fanny Lender Trell(73) Creek Trail along Ash Creek and north lo Pollard City limits J x Regronal Trail Washington Square Regional Develop Develop regional call faolees Der Nis notion I - x Center Trail (731 Rponal Trod Weatsee red (T 10) RFlnaq implement a wander study bidentify the suet roule end . x 3 10,30 challenges bdevebp gthis trail segment — Regional Trail Weotelde Trn1 (Ti 0) Acquire Acquire land through outright purthaee or easement coop Metro's I x Ipenlified meteor. Regional Troll Weeside Trail all) Develop Develop eppropnalely scaled facllioes for this seclln. I x Local inter -Coreclor Proposed Teas Came.. MD Planning Implement a comdo gluey to Nenbey the ewG,cute and V x 3 10.30 seal .1.00.0.1W devebfkng?g hods epmenk _ Local Inter. Coer.cler Proposed Trail Corridor (Ta) Acquire Acquire any weeper' lend needed to connect from Summehske J x 3 175.000 Tray path weal to the Buil easel. t section ol, Local mm- Connector Proposed Trail Corridor (Ti) Develop Develop appropriately scaled taellas for the section. e - x Trail Local inter- Comecdr Proposed Trail CoMda (T5) %mile° Implement a candor study to Ideney the exact route and r x 3 15.30 Trill ctaegaa be devebpno this bail eegeeenl. . — Local Inter-Conecbr Proposed Trail Gender (751 Acquire Acquire any additional lard needed le connect from bower V x Trail prep./yd Suinmerl.le and Jack Park. Local lnler-Connecror Proposed Troll Corridor (T5) Develop Develop appropriately scaled facileee for this sec uan, J - x Trail _ Loral Inter-Connector Woodard Pori. link ITO/ Manning Implement. coed. study lo identify the exact retie and I x Teed chalenges to developing tin bail nsneot _ Local Inter {onnecbr Wooded Park Link (TB) Acquire Acquire land -rough OUhght purchase or easement ham Woodard J x Trail PeLk southwest to the Willi coed.. Local lnlarfpnnecbr Wod oard Perk Link (110 Develop Develop appropd ynaled facilities for Nis section. I x Trail • CITY OF TIGARD, OREGON TIGARD PARK AND RECREATION ADVISORY BOARD (PRAB) RESOLUTION NO. 11 -1 A RESOLUTION RECOMMENDING THE TIGARD CITY COUNCIL ADOPT THE PROPOSED PARKS BOND FUND BUDGET FOR FISCAL YEAR. 2010 -2011 WHEREAS, on the recommendation of the PRAB, the City of Tigard pursued a $17 million Bond to Acquire Open Spaces, Protect Clean Water, Improve Parklands; and ` WHEREAS, Tigard voters passed the bond measure on November 2, 2010; and WHEREAS, the PRAB is tasked with making recommendations to the Tigard City Council regarding bond measure expenditures; and WHEREAS, the PRAB has reviewed the proposed parks bond fund budget for fiscal year 2010 -2011 attached as FxhibitA; and WHEREAS, the PRAB supports the expenditures as shown on Exhibit A. NOW, THEREFORE, BE IT RESOLVED by die Tigard Park and Recreation Advisory Board that•. SECTION 1; The Board recommends the Tigard City Council adopt the proposed parks band fund budget for fiscal year 2010 -2011 as depicted in Exhibit A. SECTION 2: This resolution is effective immediately upon passage. PASSED: This / / day of 4prr 2011. City of igar ATTEST: Park and Recreation Advisory Board Chair City of Tigard Park and Facilities Manager RESOLUTION NO. 11-1 Page 1 Parks Bond Fund (421) 2010 -11 Budget Allocated by Project Exhibit A ( r '1 %Lnt_Dm __ 'Objict D ,�u �gi_U_ L Ptrard�9((lfucdt� �(A _ ,(Mtit) re-kcal-Ai (Jnui - - o � - __ �Du rD %d�cr ?�11�! Fhlunc t�Lcfd 92016 -421 S Click l • .. •_. 54001 Professional /Contractual Services ' _ "" PmrrtAlanaerr (22% albmlion) _$01 Land /RiFla ofWm?Acquisition $1;927,259'. 51,027,209 Education $30,000, 530,000 54003 Legal Foes $10;000' 510,000 92016 - 421 . Summer Creekll ¢1,403,000 54001 Professional /Contractual Services ' PminaAfaragr(16% allocation) "' $D: 50 52.667 52,667 Land /R(ebt of 0 4rgtdn6an $1; 400;000: 51.400,000 54003 L4ea/f4es 7 $3 ;000: 59,000 92020 - 421 Seutrrse - 3404600 54001 Professional /Contractual Services - -_, Prc/rrrManaeu allocation) _ '$0,: Land /Ikebs of War Arquinlion "$5;006 ;000; 55000.400 54003 Legal Fas - . _. . $3 0001 53,000 92021 - 421 Potso . g628,000 54001 Professional /Contractual Services : ..: i, Puget 1Afana tr(5% allocation) - % . :SO Land /Rkbt of Fay Aquirioan . $67S;000 5625,000 54003 L.egalFerr ?$3;0001 53,000 , PuafeoMmmger 550,000 Unr(adfrrd lard acquisition & dlekbmrnt 5100,000 iS100;000� ' $350;002. . DomnrOrvn Pa&AEgnisidon • . F0 $1;700,0005 Bond Saks Cost 5296,884 $296,864 54003 Load Ftcs SO ''55,000 Giatid total for2010 -LI 52448,153.' Pk IL. ° City of n - M To: Parks and Recreation Advisory Board (PRAB) From: Michelle Wright, Business. Manager Re: Administrative issues regarding the Parks Bond Date: April 11, 2011 The purpose of the memo is to advise the PRAB of several administrative issues which affect the Parks Bond issue. As you know the PRAB was given a specific oversight role by language in the bond issue explanatory documents which were presented to the public. ' .c.. r s . r se. gssu, L. 'ersi•h- is ccom fished. Staff will be requesting the Council authorize the creation of unique fund hi which all revenues and expenditures using bond proceeds will be accounted for. It will be called the Parks Bond Fund. Staff believes this will provide the most transparent and easily tractable accounting system and will allow the PRAB a compartmentalized approach to fulfill their charge of oversight.. In that fund will be the various accounting codes to which staff will assign the various expenses and a monthly expense and revenue report will be generated. Additionally an annual budget for that fund will be created and approved by PRAB and ultimately the City Budget Committee and Council via our normal budget process. Staff believes the adoption of an annual budget and then monthly reporting will be the most effective way for PRAB to track the annual expenses we expect to occur. By way of example, all involved expect and understand that actual real estate payments will be approved, in advance, on a case by case basis as the property selection and acquisition processes churn along. Additionally expenses will be incurred for professional services along the way for project management, legal, environmental studies, etc, which will happen on a monthly basis well ahead of the actual purchase. These bills are all legitimate program expenses and will be thus be charged to the program and included in the monthly reporting. Attached to this memo are proposed budgets for both FY 2010 -11 and FY 1 -12 regarding Park Bond proceeds. Staff recommends the PRAB adopt these by motion, thus the minutes of your meeting can reflect the formal action of the PRAB. P. Ch. rt-r and s- •f i contracted Pro am Mana• er To reiterate the discussion Staff had with the PRAB and City Council during your joint meeting of December 21, 2010, staff has concluded that using a contracted Program Manager to assist staff implement die acquisition and development processes is the right decision. As you have been advised federal law governs how long a municipality has to spend bond funds acquired for specific purposes. Generally speaking that dine line is 3 years. Based on our experiences and the timelines needed to acquire properties to date, e`isting staff do not have the time to commit and the specific expertise needed to manage multiple land acquisition and development projects in conjunction with existingmanagement responsibilities and meet that timeline. To meet this short term need die City is soliciting proposals from firms experienced in program delivery including real estate acquisition, land use permitting and public involvement Attached please note an e-mail from the City's bond counsel approving this expense. Also attached is a copy of the program charter which is a scoping document developed by staff to provide general guidance for,the program, and will be incorporated into die contract program manager's scope of work All t err yng Parks Bond Funds to the purchase of Summer Creek Park. Staff recommends that PRAB authorize the use $1,957,269 of Paths Bond proceeds in die final transaction for Summer Creek #1, by motion. Sh dG(SSJ ; AIS -506 Item #: B. Business Meeting Date: 05/10/2011 Length (in minutes): 10 Minutes Agenda Title: Consider a request from the Trust for Public Lands to support Senate Bill 342 Prepared For: Kent Wyatt Submitted By: Kent Wyatt City Management Item Type: Receive and File Meeting Type: Council Business Mtg - Study Sess. ISSUE Does SB 342 Modifies WCGF Program's Permissible Uses of Money support the City's 201 1 State Legislative Priorities? STAFF RECOMMENDATION / ACTION REQUEST Review and discuss whether SB 342 supports the Council's 2011 State Legislative Priorities. KEY FACTS AND INFORMATION SUMMARY The Trust for Public Lands (TPL) developed the foundation of SB 342 during their recent experience in Tigard working to support the parks bond and to draw matching funds from the state level. The legislation is also partially in response to the Oregon Watershed Enhancement Board (OWEB) awarding only 3.9 percent of its land acquisition funds to the Portland Metro region — a region possessing the greatest (but relatively untapped) potential to match those state funds. In Tigard, TPL assisted in a successful effort to bring $1 million in OWEB funding to Tigard which was an uncommon achievement. OWEB joined five other local sources to fund the 43 -acre Summer Creek property. This acquisition was key in gaining voter support for a general obligationbond to raise $17 million in new, local parks and open space funding. The marrying of state money to the successful Tigard bond effort would become the new normal under SB 342. Below are three ways SB 342 would make this happen. I. Modify the Land Acquisition Grant Program to provide an incentive for new commitments and new funding from the local level by offering a State grant incentive (OWEB Local Share Program) to match new local commitments. 2. Allow the OWEB board and staff the ability to assess negative impacts (threats) from lands near to priority habitat and use OWEB funds to avoid such impacts through purchase of fee or conservation easement of those nearby lands. 3. Increase the benefit of OWEB funds by encouraging greater local support, contribution, and participation. The bill is now in the Senate Natural Resources Ways and Means subcommittee, and it is thought the votes are there to advance the legislation. OTHER ALTERNATIVES The Council may elect to remain neutral. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Continue to support the Legislature in addressing the financial needs of state and local governments in Oregon DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Summary of SR 347 2011 State Legislative Priorities I N 'I CITY OF TIGARD STATE OOREGON � . 2 011 S TATE LEGISLATIVE AGENDA TIGARD z .. 1659 ■ POPULATION: 47,700 STATE'S 12 LARGEST CITY HOME TO 3,355 BUSINESSES For the 2011 Oregon Legislative Session, the City of Tigard has identified the following legislative priorities: ✓ Transportation Planning Rule — Community Development: Continue efforts to resolve the conflicts between the TPR KEY POINTS Prevents efficient land use inside Transportation Planning Rule and other statewide land use UGB Regional & Town Centers. planning goals by changes to Oregon Department of Transportation /Department of Land Conservation and y Conflicts with State land use planning goals & Metro 2040 Development procedures and rules, or by legislative action. plan. ✓ Transportation Planning Rule - Transportation: Resolve the Problems with using existing method of volume -to- capacity disconnect between the TPR and other statewide land use ratios. planning goals. fr Tigard is committed to achieving mobility needs while meeting the ✓ State Shared Revenue: Maintain and strengthen the state's region's goals & aspirations. historic commitment to the State Shared Revenue funding formula. ✓ Telecommunications Preemptions: Address tax equity issues in the context of state telecommunications laws including removing existing preemptions that have lead to declining revenues. Other Issues of Interest • Seek additional funding, efficiencies and program support for multi -modal transit and rail projects. • Support an urban growth boundary agenda that would provide for a more efficient urban growth management system. • Allow local governments a more flexible use of transient lodging tax to meet the increased demands placed both on essential services and infrastructure created by tourism activities. • Lake Oswego /Tigard Water Partnership Removal Fill Process — Amend language to assure municipal providers of linear facilities that taxpayer dollars are not spent to acquire land until after it is determined that a permit will be issued. www.tigard- or.gov 13125 5W Hall Boulevard 503.639.4171 OWEB Legislative Proposal TM� Rc. -. O Summary SE SIO it TIGARD Status of Proposed Legislation SB 342 Modifies WCGF Program's Permissible Uses of Money is currently in the Senate Committee on Natural Resources, and TPL believes it has the votes necessary for approval. TPL would like Mayor Dirksen to consider testifying support of the bill. Background OWEB has awarded only 3.9 percent of its land acquisition funds to the Portland Metro region — a region possessing the greatest potential, but relatively untapped potential, to match those state funds. Tigard was an exception where OWEB joined five other local sources to fund a 43 -acre Summer Creek property that was part of a campaign to generate $17 million in new, local conservation funding. If passed, the Tigard project would become the standard rather than the exception. Purpose • To change the OWEB funding structure to access more funding similar to the Summer Creek grant — which was very cumbersome, and not high on OWEB's list. • To make the likelihood of future funding in urban areas easier. • To generate an incentive and reward system that promotes local conservation in a climate of increased state -wide demand and diminishing federal support. • To complement the existing local share program administered by State Parks. Three Proposed Provisions 1. Modify the Land Acquisition Grant Program to provide an incentive new commitments and new funding from the local level by offering a State grant incentive (OWEB Local Share Program) to match new local commitments. 2. Allow the OWEB board and staff the ability to assess negative impacts (threats) from lands near to priority habitat and utilize OWES funds to arrest such impacts through purchase of fee or conservation easement of those nearby lands. 3. Increase the benefit of OWEB funds by encouraging greater local appreciation, contribution, and participation. How Does The Proposal Impact Tigard? The legislation would reward jurisdictions, like Tigard, that have passed bonds with a lower match requirement. Tigard would be able to tap the lower match funds for the next 18 months using bond money. Tigard could apply for funds at the 1:1 match level indefinitely under this proposal. Revised: 5/3/2011 SUPPLEMENTAL PACKET FOR IT) m, 1b a a// (DATE O FEE ING) 2 ria TIGARD I- -IIGI-1 SCHOOL 9000 SW Durham Rd. • Tigard • Oregon • 97224 (503) 431 -5518 May 9, 2011 Student Envoy: Trade Trait I. ACTIVITIES a. Prom was Saturday, April 30. i. King and Queen were Robert Kakesako and Katie Humphrey b. Leadership has elected new officers i. Lauren Chan is the new ASB President ii. The retreat is later this month c. Tigard's Got Talent is on Wednesday from 7 -9PM in the Auditorium d. Tigard Can Dance is Friday from 7 -9PM in the Auditorium II. ATHLETICS .a. Track has had a meet against Tualatin, JV districts and Varsity districts are approaching fast. b. Tigerette tryouts are starting up! c. Boys Lacrosse were the champions of the SALI tournament last weekend and have a game in Wilsonville tonight. d. Tuesday and Wednesday the Equestrian team is doing a fundraiser through Panda Express to help the qualified girls go to state. State starts next week on Thursday. M. ARTS a. Nicholas Nickelby was last weekend W. ACADEMICS a. International Baccalaureate Testing has begun! b. One month left for Seniors... SUPPLEME1°.:TAL-PACKET FOR 'nay /o, ?o // (DATE OF MEETING) 4grt,it 1 Good Morning Tigard (GMT)— Business Networking — 7:30- 9:00am - FRE ▪ 05/12/11 — BULLARD SMITH JERNSTEDT WILSON • Hosted at the Tigard Chamber, 12345 SW Main Street, Tigard, OR ▪ 05/19/11 Everest Institute • Hosted at their location, 9600 SW Oak Street, Tigard, OR ▪ 05/26/11 AFLAC — Sidney & Gayla Stone ▪ Hosted at the Tigard Chamber, 12345 SW Main Street, Tigard, OR • 06/2/11 Quality Inn of Tigard • Hosted at their location, 11460 SW Pacific Hwy, Tigard, OR • 06/9/11 Costco Tigard • Hosted at their location, 7850 SW Dartmouth, Tigard, OR Other Chamber Events Lunch & Learns — Free, Noon to 1:00 p.m. ▪ Hosted at Tigard Chamber, Pearson Room, Noon — 1:00 p.m., BYOL • 05/18/11— Power Up Your Presentation with Kristin Thompson • 06/1/11— Employment Laws, Does my Company have to Comply? ▪ 06/15/11- Oregon Identity Theft Protection Act Register for these events on our website Lunch Local — No Host Lunch, 2 & 4th Wed of each month 11:45 a.m. to 1 p.m. • 5/11/11— Thai Delicious in Tigard • 5/25/11— To be announced, check the web and the chamber Facebook Page Tigard's 3 Tuesday After Hours — Free, 5:00 — 6:30 p.m. • May 17` - TBA, check the web Tigard Festival of Balloons — Booth Raffle • The chamber is raffling off a 10x10 booth at TFOB, valued at $500. Raffle begins Thursday 5/12/11 and continues through 6/9/11. Raffle tickets are $10 each and will be available at Good Morning Tigard, by calling the chamber with your credit card and online shortly. Tigard, Tualatin and Sherwood Joint Chamber Networking Friday 6/26 at TFOB — 7:30 a.m. State of the Chamber & Board Elections Luncheon — Tuesday, 6/28/11, Embassy Suites • Details coming soon, check the web and the newsletter For more about these and other events, go to www.tigardareachamber.ora /directory /events To sign up for our newsletter, e-mail info@ tigardchamber.org and put newsletter in the subject line Find us on Facebook f ) .- AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: May 10, 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 Ciry of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name:, Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. I iaamvmnyku sign uo' nizen communication dos CITIZEN COMMUNICATION AIS -505 Item #: 3. A. Business Meeting Date: 05/10/2011 Length (in minutes): Consent Item Agenda Title: Receive and File: Submitted By: Carol Krager City Management Item Type: Motion Requested Meeting Type: Consent Agenda ISSUE Receive and file: 1. Three -Month Council Meeting Calendar 2. Tentative Agenda STAFF RECOMMENDATION / ACTION REQUEST KEY FACTS AND INFORMATION SUMMARY OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION n/a Attachments Three -Month Council Calendar Agenda Item No. 4. / 1,„" For Agenda of May 2, 2011 II MEMORANDUM TIGARD TO: Honorable Mayor & City Council FROM: Carol Krager, Deputy City Recorder RE: Three -Month Council Meeting Calendar DATE: May 3, 2011 Regularly scheduled Council meetings are marked with an asterisk ( *). May 10* Tuesday Council Business Meeting — 6:30 pm, Town Hall 17* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 24* Tuesday Council Business Meeting — 6:30 pm, Town Hall 30 Monday Memorial Day Observed — City Offices Closed June 14* Tuesday Council Business Meeting — 6:30 pm, Town Hall 21* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 28* Tuesday Council Business Meeting — 6:30 pm, Town Hall July 12* Tuesday Council Business Meeting — 6:30 pm, Town Hall 19* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 26* Tuesday Council Business Meeting — 6:30 pm, Town Hall I: \ADM \City Council \Council Calendar \ 3-month calendar for 100510 cc mtg.doc Agenda Item No. 3 • A Meeting of "May /Di o?D // Key: Meeting Banner ❑ Business Meeting 0 Study Session ❑ Special Meeting 0 Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 5/4/20118:47 AM I 1 I -- — -1 x 387 05/10/2011 'Carol Krager MA Bu siness Meeting ( 1 492 05/10/2011 Steve Martin ACCSTUDY 10 Minutes - Discussion of Park Bond Project Manager Public Works Gaston G, Conf Executive Asst 506 05/10/2011 Kent Wyatt ACCSTUDY Consider a request from the Trust for Public Lands to support Senate Bill 342 City Management City Mgr /Asst City Total Time: 10 of 45 Minutes have been scheduled ID 385 05/10/2011 Joseph Barrett CONSENT Consent Item - Contract Award for Auditing Services Financial and LaFrance T, Fin /Info Information Services Svcs Director 1490 05/10/2011 Steve Martin ACONSENT Consent Item - Tigard / Washington County Sunrise Property IGA Public Works Martin 5, Parks Manager •15/10/2011 Sandy Zodrow I FE911 Consent Item - Adopt Revisions to City Wide Personnel Policies City Management Prosser C, City Manager E - - - - -- - - - -- - — -- -- - -- ID 339 05/10/2011 Darren Wyss CCBSNS 45 Minutes - Public Hearing for City of Tigard Economic Opportunities Analysis Community Wyss D, Senior Planner Development 496 05/10/2011 Sandy Zodrow CCBSNS 45 Minutes City Manager Recruitment: Search Firm decision, candidate profile interview Human Resources 'Zodrow S, HR Director questions 415 05/10/2011 Judith Gray CCBSNS 20 Minutes - Presentation on Status of Transportation Planning Rule and Related Issues Community Bunch R, CD Director Development r - —_ iDI 1 Key. Meeting Banner Cl Business Meeting ❑ Study Session 0 Special Meeting 0 Consent Agenda ❑ Meeting is Full . Workshop Meeting El City Council Tentative Agenda 5/4/2011 8:47 AM 388 05/17/2011 Carol Krager AAA Workshop Meeting 476 05/17/2011 Joanne CCWKSHOP 20 Minutes - Annual Meeting with Neighborhood Involvement Committee City Management 03/31/2011 Bengtson 466 05/17/2011 Susan CCWKSHOP 45 Minutes - Annual Joint Meeting with Tigard Planning Commission Community Hartnett 5, Asst CD Hartnett Development Director 495 05/17/2011 Julia Wade CCWKSHOP 15 Minutes - Annual Police Department Temporary Holding Facility Tour and Inspection Police Prosser C, Cit Total Time: 80 of 180 Minutes have been scheduled 411 05/24/2011 Carol Krager AAA Business Meeting - I 488 05/24/2011 Carissa Collins ACCSTUDY 15 Minutes - FY 2011 -12 Master Fees & Charges Schedule financial and LaFrance T, Fin /Info Information Services Svcs Director 502 05 /24 /2011')udith Gray 'ACCSTUDY "15 Minutes - Tigard & ODOT Principles Community Development 477 05/10/2011 Greer Gaston EXECSESS 15 Minutes - Executive Session Pending Litigation Public Works Gaston G, Conf Executive Asst --- reiter4TUr b een sdiedo e D SES STOM FULL I I 465 05/24/2011 Greer Gaston ACONSENT Consent Item - Receive and File the Annual Solid Waste Financial Report Public Works Gaston G, Conf Executive Asst 435 05/24/2011 Greer Gaston CCWKSHOP Consent Item - Receive and File the 2010 Pavement Condition Report Public Works McCarthy M, St /Trans 5r Pro} Enq Key: Meeting Banner O Business Meeting ❑ Study Session 0 Special Meeting El Consent Agenda 0 Meeting is Full . Workshop Meeting 0 City Council Tentative Agenda 5/4/20118:47 AM 498 05/24/2011 Steve Martin ACONSENT Consent Item - Adoption of the Park and Recreation Advisory Board Bylaws Public Works -� 499 05/24/2011 Tom Imdieke ACONSENT Consent Item - Approve Grant Application to the Office of Community Oriented Policing Police Prosser C, City Manager Services (COPS), Department of Justice COPS Hiring Program . 487 05/24/2011 Cheryl Caines ACONSENT Consent Item - Consider a Resolution to Rename and Outline Allowed Uses of the Tree Community Replacement Fund Development 500 05/24/2011 Ted Kyle EXECSESS 15 Minutes - Executive Session on Real Property Transactions Public Works 508 05/24/2011 Ron Bunch EXECSESS 45 Minutes - Executive Session on Pending Litigation Community Development Sandy Zodrow EXECSESS 50 Minutes - Executive Session to consider employment of a public officer, employee, Human 0 staff member or individual agent Resources 389 06/14/2011 Carol Krager AAA Business Meeting i i 111 424 06/14/2011 John Goodrich ACONSENT Consent Item - Authorization for City to Enter into Updated Wasteshed Reduction Public Works Gaston G, Conf Intergovernmental Agreement with Washington County Executive Asst 501 06/14/2011 Ted Kyle ACONSENT'Consent Item - Approve Real Property Transfer Public Works Gaston G, Conf 491 06/14/2011 Joanne CCBSNS 10 Minutes - 2011 If I Were Mayor Contest Winner Announcement & Award City Management Bengtson J, Exec Asst Bengtson to City Mgr \ u 3 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 5/4/2011 8:47 AM 451 06/14/2011 Gary CCBSNS 45 Minutes - Westside Christian High School Comprehensive Plan and Zone Map Community Pagenstecher G, Assoc Pagenstecher Amendment Development Planner 459 06/14/2011 Liz Lutz CCBSNS 15 Minutes - A Resolution of the City of Tigard Adopting the Budget, Making Financial and Lutz L, Conf Exec Asst Appropriations, Declaring the Ad Valorem Tax Levy, and Classifying the Levy As Provided Information Services 460 06/14/2011 Liz Lutz CCBSNS 5 Minutes - Resolution Adopting the Citywide Master Fees and Charges Schedule which Financial and Lutz L, Conf Exec Asst replaces resolution 10 -xx and All Subsequent Amendments to Date. Information Services 461 06/14/2011 Liz Lutz CCBSNS 5 Minutes - Resolution declaring the City's Election to Receive State Shared Revenues Financial and Lutz L, Conf Exec Asst Information Services 462 06/14/2011 Liz Lutz CCBSNS 5 Minutes - Resolution Certifying that the City of Tigard Provides Services Qualifying for Financial and Lutz L, Conf Exec Asst State Shared Revenues Information Services 481 06/14/2011 Duane Roberts CCBSNS 20 Minutes - Public Hearing to Accept Trail Systems Master Plan, Adopt Minor Policy and Community Roberts, D, Project Regulatory Changes, and Adopt a Project Priorities List Development Planner 494 06/14/2011 Carissa Collins CCBSNS 10 Minutes - FY 2010 -11 Supplement Budget Amendment Financial and LaFrance T, Fin /Info Information Services Svcs Director l 10 390 06/21/2011 Carol Krager AAA Workshop Meeting I 1 10 282 06/21/2011 Judith Gray CCWKSHOP 45 Minutes - Joint meeting with TTAC Community Development 293 06/21/2011 John Floyd CCWKSHOP 60 Minutes - Joint Meeting with Planning Commission on Regulatory Improvement Community Floyd 3, Associate Initiative - Decision Making Package Development Planner 474 05/17/2011 Joseph Barrett CCWKSHOP 60 Minutes - Review Proposed Changes to Tigard's Public Contracting Rules Financial and Barrett 1, Sr Mgmt Information Services Analyst - Finance 4 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting E7 Consent Agenda ❑ Meeting is Pull Workshop Meeting ❑ City Council Tentative Agenda 5/4/2011 8:47 AM Total Time: 165 of 180 Minutes have been scheduled 1 l - 1p 391 06/28/2011 Carol Krager MA Business Meeting 10 1447 06/28/2011 Joanne CCBSNS 5 Minutes - Proclaim Geography Awareness Week - August 1 - 7, 2011 City Management 03/08/2011 Bengtson 222 06/28/2011 Susan Hartnett CCBSNS 45 Minutes - Public Hearing - Amend the Tigard Municipal Code Abatement Regulations Community Hartnett S, Asst CD Related to Code Compliance and Amend 2011 -12 Master Fee Schedule Development Director 485 06/28/2011 Ted Kyle CCBSNS 15 Minutes - Finalize Sewer Reimbursement District on Canterbury Dr. Public Works Gaston G, Conf Executive Asst 456 06/28/2011 Ted Kyle CCBSNS 15 Minutes - CIP Update - Focus: Public communications actions taken on project Public Works Kyle T, City Engineer 357 06/28/2011 John Goodrich CCBSNS 15 Minutes - Consider Amending Tigard Municipal Code Chapter 12, Water and Sewers Public Works Goodrich 3, Utility Div Manager Total Time: 95 of 110 Minutes have been scheduled 10 392 07/12/2011 Carol Krager AAA Business Meeting 342 07/12/2011 Cheryl Gaines CCBSNS 90 Minutes - Quasi - Judicial Public Hearing: Comprehensive Plan Amendment, Sensitive Community Caines C, Assoc Planner Lands Reviews and Adjustment to Extend Wall St. to Fields Property Development 5 Key: Meeting Banner 0 Business Meeting 0 Study Session 0 Special Meeting 0 Consent Agenda g Meeting is Full . Workshop Meeting City Council Tentative Agenda 5/4/2011 8:47 AM Total Time: 90 of 110 Minutes have been scheduled I j -IO 393 07/19/2011 Carol Krager AAA Workshop Meeting • I 1i 7 I -10 324 07/19/2011 Judith Gray CCWKSHOP 30 Minutes - HCT Land Use Plan Update Community Development 371 07/19/2011 Joanne CCWKSHOP 10 Minutes - 2nd Quarter City Council Goal Update City Management Bengtson 3, Exec Asst I Bengtson to City Mgr Total Time: 40 Minutes of 180 have been scheduled I -- 10 394 07/26/2011 Carol Krager AAA Business Meeting —li 395 08/09/2011 rrol Krager AAA Business Meeting I 463 08/09/2011 Ted Kyle CCBSNS 15 Minutes - CIP Update - Projects in design Public Works Kyle T, City Engineer Total Time: 15 of 110 Minutes have been scheduled I I li 396 08/16/2011 Carol Krager AAA Workshop Meeting i 10 1111 398 08/23/2011 Carol Krager AAA Business Meeting 6 I AIS -503 Item #: 3. B. Business Meeting Date: 05/10/2011 Length (in minutes): Consent Item Agenda Title: Adopt Revisions to City Wide Personnel Policies Prepared For: Sandy Zodrow Submitted By: Sandy Zodrow City Management Item Type: Motion Requested Meeting Type: Special Meeting ISSUE Should the City Council adopt the revisions to the City Wide Personnel Policies STAFF RECOMMENDATION / ACTION REQUEST City Council should adopt the revisions and updates to the City Wide Personnel Pollicies KEY FACTS AND INFORMATION SUMMARY The City Council reviewed this matter during their April 26, 2011 Study Session. The revisions to the City Wide Personnel Policies reflect changes in employment law and/or current practice in city operations. These changes were prepared by Human Resources, Risk Management, and the Department of Finance & Information Services. They are being made due to new state and/or federal employment law requirements for employers, and/or to reflect the city's practices /policies in such areas as risk management, information technology, records management, etc. The updates have been reviewed by, and in some cases written by, the City Attorney, and have been reviewed by the Executive Staff and City Manager. As requested by Council, the attachment to this agenda item shows all! changes being made to the current city policies. OTHER ALTERNATIVES Not applicable COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Not applicable DATES OF PREVIOUS COUNCIL CONSIDERATION April 26, 2011 Study Session Attachments City Pers Pols X.0 CODE OF ETHICS Style New in 1Normal: Font (Default) 0 pt, Line spacing: single City employees have a special responsibility to act on behalf of the public good and to ensure that j the public's trust in government is respected. Public service requires a continual effort on behalf of ; style Definition: Normal (Web) employees to guard against conduct that is not only illegal but also conduct that could appear Formatted: Font color: Light Blue inappropriate or a conflict of interest to a reasonable observer even if the conduct is not against the law. Just because an action is legal doesn't necessarily mean it is right or good. Conduct which is or could appear dishonest, inappropriate, appear to enrich the employee, their families or their businesses, or to be a conflict of interest to an observer will undermine the public trust and is prohibited. Each employee is expected to report any actual or potential conflict of interest to their supervisor. Examples of conduct which are prohibited include but are not limited to: • No employee may use the employee's employment in any way to obtain financial gainx avoid financial detriment for the employee's household or family or any business with which the employee or member of the employee's household or family are associated; • No employee may use information received because of city employment for private gain if that information is confidential or normally not available to the general public or has not otherwise been dispersed by the city; • No employee may solicit private business from other employees for personal gain while on duty, while wearing a uniform or insignia that identifies them as city employees, while in a city vehicle, or while on city premises. • Employees may not solicit or receive a promise of future employment with the understanding that the promise will influence the employee's official action; • Employees may not take any action on behalf of the city, the effect of which would be to the employee's private financial gain or loss, without first notifying the employee's department director in writing of the potential conflict of interest; • City employees shall not serve on city policy boards or committees except as specifically provided by ordinance or as required to perform as part of their official City duties. • City employees may not use city time to participate in matters of personal interest. • When giving testimony unrelated to their assigned city responsibilities, city employees will identify themselves as private citizens and not use information or facts that have come to them by virtue of their employment and are not subject to disclosure to the public. The code of ethics is intended to convey the general expectations of what is considered to be appropriate conduct for a city employee. If a situation occurs where it is difficult to determine the proper course of action, the matter should be discussed openly with the immediate supervisor, and if necessary, with the department director for advice and consultation. All city of Tigard employees are considered public officials and are subject to the State of Oregon's Government Standards and Practices (ethics) laws. The city will comply with these and all applicable laws and regulations and expects its directors, managers, supervisors, and employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws and to refrain from any illegal, dishonest, or unethical conduct. In general, city employees are encouraged to not accept personal gifts. State law does provide certain guidelines for the receipt of gifts as a public employee and the City of Tigard requires its employees to comply with those standards. Pursuant to ORS (Oregon Revised Statutes) Chapter 244, Government Standards and Practices, the following restrictions apply to the acceptance of gifts or gratuities: • City employees may receive food, lodging and travel when participating in an event which is related to the employee's representation of the Citye€fteial -per and when the employee is appearing in his /her official capacity. Food and /or beverages consumed by the employee in the presence of the purchaser or provider is acceptable. —Gifts of Receiving- entertainment are subject to a S54 annual it limit. . are-tiet-pfellibited • Unsolicited awards for professional achievement may be accepted. • Unsolicited token or award of appreciation in the form of a plaque, trophy, desk item, wall memento or similar item, with a resale value reasonably expected to be less than $25 may be accepted. • Honorarium with a value less than S50 may be accepted. • These rules also apply to relatives or members of the household of City employees. • These rules also apply to business with which the City employee or a relative of the City employee is associated. • Employees and their relatives and members of their household may not accept discounts which are not extended to others who are not public officials. • - Employees shall not accept any special favors, gifts, or gratuities resulting from or related to employment with the city unless otherwise specified in this policy. In this regard, the appearance of impropriety can be as damaging as actual impropriety and is equally to be avoided. • Soliciting or receiving a pledge or promise of future employment in return for official action is not allowed. Any person who observes unlawful or improper action(s) by a city employee is expected to report ithetn. The matter should be reported to the employee's immediate supervisor. If the supervisor appears to be involved in the improper action, the report can be made to the department director, City Manager, or Human Resources. Some employees may own property in the city resulting in the employee having to interact with the city regarding the employee's non - employment interests. Other situations, such as traffic violations or parking tickets, may arise in which the employee as an individual has to communicate with the city as an individual outside the employment context. Being an employee does not affect the employee's relationship with the city in the non - employment context in any manner. A person who is an employee shall be treated the same as any other person in these situations, and employees shall not seek special treatment from the city. An employee may not use the person's status as an employee or information obtained as an employee to gain an advantage that non- employees could not obtain. An employee may not use on -the -job time in the employee's dealings with the city in non - employment matters. For example, an employee who needs a city pennit must not submit an application, discuss the permit with the department issuing the permit, or take any other action related to the permit while on the job during working hours. A person who is at lunch or other recognized break is not considered "on the job ". In the event an employee seeks a permit or otherwise interacts with the city on personal business, and the employee may be in a position to take action in the employee's official capacity or the employee's department is likely to be involved, the employee shall inform the employee's supervisor immediately in writing or email. The supervisor shall take steps to ensure that the employee is screened from participation in any official process related to the employee's personal business and that the employee has no access to information that non - employees would not have access to. Screening shall include a requirement that there be no communication with the affected employee that would not occur if the person involved were not an employee. { Formatted: Font: Bold ,33. Equal Employment Opportunity /Non - Discrimination/ Harassment Policy - - - -{ Formatted: Font color: Light Blue We believ "- . - • . . - . - -• - . - ••••• • - • - - that equal opportunityis for all of its employees is central to the growth and success of the City. It is our policy to provider equal opportunities to all qualified persons without regard t • -- - , . - .. - . . - • . e•, -: : : race, color, religion, sex, age, national origin, - sexual orientation, physical or mental disability, veteran or marital status or any other protected gstatus or activity in accordance with applicabl prohibitep. We strive -- - - . - - - • - . areas of employment decisions based on our evaluation of an individual's qualifications, ability and contribution to the success of the City. , - •• : - ., . - . Di vision. It is the responsibility of all employees, managers and supervisors to understand and comply with these policies. Supervisors have the additional responsibility to support the City's commitment to co ∎ _' : nc w' h . as s of our e _.1 em In men o ortuni b ' . 'ons . nd to enfor e o r policy - Policy against Semrod harassment - { Formatted: Font: Bold, No underline We also believe that all employees have a right to work in an environment where the dignity of each individual is respected. We prohibit harassment of employees. regardless of working_ relationships and supervisory status. Specifically forbidden is harassment related to an individual's race, religion, color, sex. national origin. marital or veteran status. age. physical or mental disability or other legally protected basis. For these purposes. the term "harassment" includes unwelcome verbal. graphic. or physical conduct of such a nature which has the purpose or effect of creating an offensive work environment or reasonably interfering with an employee's work performance. This ro 'l ition a . ins h. . ss ent also a li s iff - -du .• off- remises con if th t conduct has an adverse effect on an employee's work environment. Sexual and gender - based harassment may include but is not limited to the following: • Negative or offensive comments, jokes or suggestions about another employee's gender or sexuality; • Ut.L s g, names or labels such as " honey ", "aw..ctie", "boy ", "girl ", that others find offensive; • Obscene or lewd sexual comments, jokes, suggestions, or innuendoes; • Unwanted sexual advances, propositions or requests for dates • Unwelcome visual conduct. such as leering or making sexual gestures • Making offensive verbal comments about an individual's body or life style • Unwelcome touching. impeding or blocking movements •-- Making offensive comments about a person's gende ' -• - - : - ltarassffieftn • Blaming-the-victims or sexual orientatio - . .. -. • An employee talking about their sex life • Using City computers, fax machines or other communication systems to access. send, store or receive materials of a sexual nature • Transmitting, displaying or exposing other City employees to offensive sexual images or comments through personal communication systems. such as personal cell phones or other social networking sites • Swearing or profane language • Making derogatory comments about pays or lesbians • Spreading rumors or discussing a co- worker's sex life • Displaying sexually suggestive objects. sexual-pictures, cartoons, or posters. • Engagjng in any other verbal. graphic or physical conduct of a sexual or ------ Formatted: Justified, Bulleted + Level: 1 + gender based nature that creates an offensive work environment or interferes with t : 07 at: o +Tab after 0.75" +Indent �' e a at' 0.75 ", No widow /orphan control another employee's work performancecity property, Formatted: Font Times New Roman • Racial, ethnic. age, religious, disability- related or other DrohibitedSeituat Font: Times New Roman, Bold harassment ilrthe nature of which may include the following: - Formatted: Font: Times New Roman, Bold 1. Making racial slurs or ethnic comments 2. Telling racial or ethnic iokes 3. Making derogatory comments about a person's physical or mental limitations 4. Mimicking someone with physical or mental limitations 5. Promoting your religious beliefs to someone who finds it offensive 6. Making derogatory age -based comments 7. Displaying racist symbols 8, Using City communication systems to send, receive, store or access material that is racially, ethnically or religiously offensive material 9. Displaying cartoons, printed material or other obiects which are racially or ethnically offensive 10. Criticizing or making fun of another person's religious beliefs 11. Transmitting, displaying or exposing other City employees to offensive comments or images of a racial, ethnic or religious nature through personal communication systems, such as personnel cell phones or other social networking sites 12. Engaging in any other verbal, graphic or physical conduct of a racial, ethnic, religious, age, disability or other prohibited nature that creates an offensive work environment or interferes with another employee's work All employees should assume that any conduct of this nature will offend another employee and should refrain from e n . Harassment of employees by temp agency employees. vendors. suppliers. citizens and other non - employees that creates an offensive work environment or interferes with an employee's ability to perform their iob is also a violation of this policy. Likewise, harassment of nonemployees by City employees is also workplace —i9— strictly prohibited. In addition. no one should suggest or threaten that an employee's cooperation. tolerance or objections to conduct of this nature will have any effect on that employee's employment. The City strictly prohibits supervisors or managers from conditioning employment or making employment decisions based on an employee tolerance of or resistance to harassment. This type of conduct is considered a serious violation of our policy. Reporting Policy If an employee feels that they are being harassed by another employee. they should immediately notify their supervisor. Department Director or a representative of the Human Resources Division. They are welcome to report the conduct they feel is offensive directly to any of these individuals. There is no chain of command. If someone is being harassed by their supervisor, they should report the harassment to either their Department Director or the Human Resources Division. Again, employees may report directly to the Human Resources Division. This type of conduct should , , be reported whenever it creates an offensive work environment or interferes with an employee's work. If an employee experiences harassment by a non - employee. such as a temporary agency employee, a supplier or a citizen which creates an offensive work environment or interferes with their work or they become aware of any other employee experiencing such harassment, such harassment should be reported to the Human Resources Division or their Department Director. All complaints of harassment will be investigated as promptly as possible and corrective action will be taken in accordance with this Policy. Complaints of harassment that are reported will be treated with as much confidentiality as the City determines is practical. while permitting the City to conduct a thorough inve a 1tion. Where harassment is found. the City's goal will be to restore an appropriate and respectful work environment as soon as possible. The City's ability to resolve these kinds of problems is dependent on each employee's cooperation in reporting incidents. which create an offensive or hostile work environment for them. Notification of the problem is essential to the City. Tigard cannot help resolve a harassment problem unless it knows about it. Employees should bring all conduct that violates this policy to the attention of any of the individuals listed above in enough detail that the City can recogpize the problem and take appropriate steps to correct the problems. If the City finds that an employee has violated City policy. appropriate sobieet—to—disciplinarr- { Formatted: Normal, Justified actionproeerittres up to and including discharge will be taken. In addition, other corrective action, such as individoalired training; and other steps. may be taken as the City- determines appropriate. Retaliation, It is also important for employees to remember that the City respects the rights of its employees to raise harassment and discrimination concerns and to participate in investigations. The City does not allow supervisors, managers. employees or others to retaliate against employees who report harassment or discrimination, cooperate with investigations, testify in harassment proceedings or assist in enforcement of our harassment policy. "Retaliation" is broadly construed and means any adverse action against an employee for opposing harassment or discrimination. Employees should bring complaints of retaliation to the attention of their Department Director or the Human Resources Division. If the City finds that an employee has violated City policy, appropriate disciplinary action up to and including, immediate discharge will be taken. In addition other corrective acti • such as individualized training, and other steps, may be taken as we determine appropriate. Disability Accommodation The City abides by the Americans with Disabilities Act and other applicable disability discrimination Jaws. This means that the City prohibits discrimination against disabled applicants and employees, and will also comply with reasonable accommodation obligations. The City cannot respond to workplace obstacles if it does not know they exist. Consequently. if employees believe that workplace modifications or other assistance to accommodate their disability is needed, they should contact the Human Resources Division to discuss it. Not every physical or mental limitation qualifies as a disability. If an employee advises the City of a condition that they believe requires accommodation, the City will analyze the medical condition to determine whether it constitutes a disability. If it does, the City will discuss the condition with the employee and /or medical provider to determine what, if any, accommodations may be appropriate, in accordance with the City's legal obligations. All employees seeking accommodation are expected to cooperate with the City's request for medical confirma of the condition they believe constitutes a disability and requests for medical confirmation of the current, precise limitations on their ability to perform their job duties. If, for any reason, an accommodation is made that they employee feels is not effective, they should notify their Department Director who is responsible for notifying the Human Resources Division. C omplaint -Freer dnrr follow reeedt Ha m a _ Res ..._r c .... Di . . . . . . X 37.0 RECRUITMENT AND SELECTION { ra»wtted: Font color: light Blue The City of Tigard seeks to ensure that each position is filled by an employee whose experience, I training and skills make him /her the best match for the dutieswerle of the position. Further, the City seeks to assure fair treatment of all applicants and all employees in recruitment, selection and placement without regard to age, sex, marital status, race, creed, color, national origin, sexual orientation, mental or physical disability, or any other protected group status as defined by federal, state or local law. It is the policy of the City of Tigard to not accept, retain, or respond to unsolicited resumes or applications. Job Annouecemeats I Recruitment announcements shall be posted by position in-for the length of the application period. Position vacancies may also be advertised in the appropriate labor market. In keeping with the city's commitment to equal employment opportunities, an effort will be made to announce position vacancies with resources likely to provide qualified, protected -class applicants. Positions may be opened internally (for City of Tigard regular and temporary (non - agency) employees only), or externally (for city employees, volunteers and non - employees), at the discretion of the department director and as prescribed in applicable labor agreements. Internal postings shall be announced at least five (5) working days, unless otherwise specified in collective bargaining agreements. External announcements shall be announced as determined by the Human Resources Director and hiring department director. Previously certified lists of qualified candidates may be used to fill a vacancy as specified by these rules and in accordance with posting requirements of bargaining agreements. Deadlines for job openings may be extended by reopening the position, with or without additional advertisement, if, in the view of the Human Resources Director, insufficient applications from qualified persons are received. At the discretion of the Human Resources Director, job announcements may be posted for individual positions or to establish a pool of qualified candidates for anticipated vacancies. Exceptions to the recruitment and posting requirements may be made for department director and assistant city manager vacancies at the discretion of the Human Resources Director. Applications Human Resources will prescribe the application form(s) to be used for each recruitment that fairly test and determine the qualifications, fitness and ability of a candidate to perform the duties of the class for which they seek appointment. j)isgua/ cation gfAyp/icants The Human Resources Director may disqualify an applicant from the selection process, refuse an applicant the opportunity to take an examination, and remove his /her name from a hiring list for reasons including, but not limited to: 1. Failure to meet the standard published requirements for the class for which application is made. 2. Failure to furnish true statements of material facts. 3. Practice or attempted practice of fraud or deception in connection with filing of an application. 4. Failure of an applicant, after notification, to be promptly present at the time and place designated for any portion of an examination. 5. The applicant has used, or attempted to use, political pressure or bribery to secure an advantage in testing or appointment. 6. The applicant has been convicted of a crime directly related to the requirements and performance of the position. 7. The applicant is a previous City employee who was terminated from City service or who resigned or retired in a manner in violation of City policy. 8. The applicant has refused to submit to required screening or examination requirements for the position. 9. The applicant is unfit or unable to perform the duties of the position based upon standards established by the City. 10. The applicant has otherwise violated policy, procedures, rules or regulations relating to the application process. 11. The applicant has failed to respond to an employment offer made by the City. Veterans Preference Eligible veterans shall be granted veteran's preference in ccmformance with Oregon Revised Statutes. Candidates for Veteran's Preference shall submit their Certificate of Release or Discharge from Active Duty (Federal form DD 214 or 215). with his /her employment application, as proof of eligibility for preference. Disabled veterans may also submit a copy of his /her veteran's disability preference letter from the United State Department of Veterans Affairs. Offers of Employment When a final selection has been made for the vacancy to be filled, the hiring department director or supervisor shall issue a written conditional offer of employment to the chosen candidate. Such offer shall state the position being offered, salary, starting date and any other conditions of employment. In addition, the offer shall notify the candidate that employment is contingent upon passing a background check and whe . . - .. appropriate, a pre - employment drug screen and a pre - employment physical and /or psychological examination. . { Formatted: Font: Bold, Font color: Light Blue ) 31.0 BACKGROUND CHECKS .. - • { Formatted: Font color: light Blue ) Background checks are conducted to ensure the continuing safety of our workforce and citizens, and the security of city resources. It is the policy of the City of Tigard to conduct and /or request driving, criminal, civil, financial and /or other background records and checks appropriate to the position on final external applicants for city positions, including job classifications whose duties require a security clearance to operate within a Police or Court System. At the discretion of the department director, record investigations may be also be conducted on final internal applicants for, and current employees in, appropriate job classifications including but not limited to positions that work with vulnerable customers (children, elderly and the disabled), have direct and unauthenticated access to the City's network resources, financial operations and /or those positions requiring security clearances to operate within a Police or Court System. Department directors may also request record investigations on volunteers and persons hired through temporary employment agencies or as independent contractors. The Human Resources Division will coordinate all background and investigations, except for Police Department positions. All City employees are required to report all criminal convictions and injunctions or restraining orders filed against them to their supervisor and the Human Resources Division immediately. Failure to do so may result in discipline up to and including termination. Method and Timing All job applicants will be advised in writing that an appropriate background /record investigation is requested on the final candidate. All final candidates.eleetion stage must sign a waiver permitting access to their records. The final candidates will be notified in wa gting that the job offer is contingent upon passing the background check. The same process will be followed for in -house applicants and current incumbents for the job classifications specified by the department director. If there will be a significant delay before the record investigation is complete, the applicant may begin working, but only under direct supervision and with written notification that employment may be terminated if a record is revealed that would justify doing so. Use of the record and a third party investigator maywill trigger reporting requirements under the Fair Credit Reporting Act (FCRA). These include providing the applicant or employee with a notice of the decision not to hire or other employment action, a copy of the report, and a copy of his /her FCRA tights before any adverse action is taken. Background checks and records are confidential and will be kept in the Human Resources Division, except for those records retained within the Tigard Police Department. Appropriate background information will be shared with the hiring authority and /or department director when that information is needed to make the evaluation described below. Unauthorized access to or disclosure of these records is subject to discipline, up to and including termination. Process if a Record Exists Human Resources will notify the department director of any record on an applicant, and the decision concerning application selection will rest with the department director. In cases concerning a current employee, the decision will also rest with the department director. The department director will evaluate: 1. Whether the city's interests justify termination of employment or disqualification of the applicant based on the background record; 2. Whether the applicant /incumbent disclosed the information on the employment application; 3. The nature and gravity of the offense and whether it indicates a propensity to cause harm to other employees or citizens in the community; 4. The time that has passed since the conviction or completion of sentence; 5. Whether the individual completed treatment or rehabilitation; 6. The relationship between the nature of the offense and the job in question l7.0 TRAINING: - Formatted: Font color: Light Blue { Formatted: Font color: Light Blue Purpose - Formatted: Font color: light Blue The City recognizes the value of allowing employees to participate in conferences, seminars, __ - - -{ Formatted: Font: Garamond training, college courses, and meetings that will enhance the employee's ability to provide a high level of public service. City officials and employees should exercise good judgment, regard for economy, and recognition of proper use of public monies when selecting training, meetings, courses, conferences, etc. in connection with city business. Attendance at training. meetings. courses. etc. must be approved in advance by the department direct() • .:, • ... _ _ _ ' - • _ • . .. • _ .. r_ • . Acv travel related expenses incurred during training will be processed according to the City's Travel Policy Policy Statement Training, education, and travel expenses must have a public purpose and serve thepublic interest --{ Formatted: Font: Garamond All training, education, and travel expenses must be reasonable and necessary to conducting city { Forrnatted business. Persons traveling on city business are expected to be prudent and only incur costs they normally would incur if traveling on their own expense. Travel expenses solely for the benefit of an individual are not allowable. The city will not pay travel costs for persons not employed by the city unless the person 1) incurs the cost as a member of the City Council or a committee, or 2) has traveled at the specific request of the city, or 3) is serving as a volunteer to a city program, or 4) is providing services under a contract requiring such payment, or 5) is approved by the City Manager. <. • _ { Formatted: Font: Garamond �.Grneral Ggidehnes The term "training" as used in these policies is intended to include conferences, seminars,.. Formatted: p5, Justified, Space Before: opt, . c - 1 • s or r • c fes d v lo nt ro Trams of a similar n, e The term " 011e After: 0 pt, Line spacing: Exactly 13 pt courses"'-; is used to describe coursework taken through or er-en-line-ifFefan accredited college Formatted: Font: Garamond university and /or business or technical school. , Formatted: Font: Garamond Formatted: Font: Garamond The T Educaton oli ci's r intended to apply only to programs that: ra>ntttg_�3 i PP.Y Y P g • Formatted: Font: Garamond � ce the employee's_ ob ormance an •' • Formatted: Font: Garamond n jo _P �.-.- • Serve as a beneficial retention tool in keeping high quality employees • Formatted: Font: Garamond ogLAre required for certification or licensing Formatted: p14, Justified, Space Before: 0 pt, d) Are required for the position After: opt Line spacing: Exactly 13 pt, No widow /orphan control Training programs. not college courses. are intended for career development purposes. Supervisors ' Mr/flatted: Font: Garamond - need to be very clear regarding the expectations they m.y create regarding such things as future job Formatted: Font: Garamond opportunities with employees when reimbursing for training that is related to career development. Formatted: Font: Garamond Formatted: Font: Garamond Formatted: p14, Justified, Indent: Left: 0.5 ", ,Applicable collective bargaining agreements must be consulted for language specific to training Exactly apt Nu bered + Level: Li 1 + Level: and /or educational reimbursement policies. Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25 ", No widow /orphan 7 he Training Plan control, Tab stops: 0.75 ", List tab + Not at 0.25" . .. Formatted: Font: Garamond .. _ . Formatted: p14, Justified, Space Before: 0 pt, After: 0 pt, Line spacing: Exactly 13 pt, No widow /orphan control T r,ir, n All department directors requesting funding for any tritinint course and /or training. --{ Formatted: Font: Garamond for their staff shall prepare a written departmental Training Plan as part of their annual budget { Formatted: Font: Garamond submittal, which must include an explanation of the following: Formatted: p8, Justified, Space Before: opt, Aker: 0 pt, Line spacing: Exactly 14 pt s The requested funding or €eF ollege courses and *rain � for their••. Formatted: Font: Garamond department; Formatted: Font: Garamond •bA clear justification for each requested amount Formatted: p10, Justified, Indent: Left: 0.5 ", •ELAn explanation of how these expenditures relate to the employee career development Before: Pt' After: o pt, Lace spadng: plans and /or performance Numb in Pt, Nu bered + L t + p p goals � � �'" Numbering Style: m a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25 ", No widow /orphan •c1 prioritization of these requested expenditures in the event not all requests are•,'.;,,:'; control, Tab stops: 0.75", List tab + Not at approved 0.25" Formatted: Font: Garamond The Training Plan will be submitted to the City Manage - . = _ . - - ! ' - - _ • : • - - ,'f Formatted: Fora: Garamond es-Difestet for review and final approval. Until the Training Plan has been F orma tt e d : F Garamond approved by the City Manager. requests for training and /or college courses will not be authorized. ' ;! .'ii Formatted: Font: Garamond Once the department Training Plan has been approved. a u,Ni ; training and /or college courses Formatted: Font: Garamond approved for staff participation will follow the plan description. Formatted: Font Garamond •••• Formatted: Font: Garamond Supervisors should discuss training and /or college course work goals with the employee in their , regular performance evaluation session and they should be specifically detailed in their written Formatted: p10, Justified, Indent: Left: 0.5 ", evaluation form. Space Before: 0 pt, After: 0 pt, Line spacing: Exactly 14 pt, Numbered + Level: 1 + Numbering Style: a, b, c, . + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", No widow /orphan control, Tab stops: 0.75 ", List tab + Not at 0.25 • Formatted: Font: Garamond Formatted: Font: Garamond . _ Formatted: pll, Justified, Space Before: 0 pt, After: 0 pt, Line spacing: Exactly 14 pt Formatted: Font Garamond as- apprept e. Formatted: Font: Garamond Formatted: p8, Justified • . '• Formatted: TXBr _pl, Justified, Level 1, Indent: • Left: 0 ", First line: 0 ", Space Before: Auto, '• After: Auto, Line spacing: Exactly 14 pt, Don't keep with next, Tab stops: Not at 0.25" .. _ Formatted: Font: Garamond Formatted: p13, Justified, Indent: Left: 0.25 ", Line spacing: Exactly 13 pt, Numbered + Level: b ., 1 + Numbering Style: a, b, c, ... + Start at: 1 + . - .. . _ _ - Alignment: Left + Aligned at: 0" + Indent at: 0.25 ", Keep lines together, Tab slops: 0.26 ", Lek + 0.5 ", Left O,1� . ...cc F... I. - - ... _ %, Formatted: Font: Garamond . .. Formatted [ .. fill . - -- - Formatted ( ... r2 # etia n(College (. u rns , - - -- i t Formatted: Font: Not Italic The term "college courses" is used to describe coursework taken through or on -line from an accredited college. university. and /or business or technical school. ` The city does not intend to pay employees to obtain college degrees. Rather, it will reimburse for �•, -- -{ Formatted: Font: Garamond individual college courses only. The course must be related to the current job that the employee -- f Formatted holds, a personal training plan or a career development plan approved by the department director. Mandatory college courses, which are job - related - shall have tuition, books and hours attended -- Formatted: Font: Garamond reimbursed by the City in accordance with ' the appropriate - - Formatted: Font: Garamond 1 ol E Traver and procedures. - --- - _ e P _ f - --- - -- -_ F ormatted: Font: Garamond , -• :: : ...:. College courses that are not mandatory, but are job _-- _-- rF ormatted: Font: Garamond related, will have only tuition, books, and related materials (to be retained by the city) reimbursed by the City. win in accordance with the appropriate policies and procedures. -by- the•oity: . - --{ Formatted: Font: Garamond mandatory college courses that are not job related shall have none of the above reimbursed for by the city. F , . -{ Formatted: Font: Garamond In those instances where the city reimburses for some or all of the expenses, employees must { Formatted document satisfactory completion of the course. To be eligible for reimbursement of non - mandatory college courses that are job related as described above, employees must receive a grade of "C" or better, or "Passing" for the course and provide written evidence of that to their supervisor. If the employee does not receive a passing grade for the course, they will not be reimbursed. The ceity will provide tuition reimbursement for college coursework not to exceed the tuition level - -- { Formatted: Font: Garamond established by the State of Oregon Higher Education Department for State colleges /universities. Department directors need to explore less costly college courses available at other institutions before finalizing their Training Plans. Prior to an employee participating in a college course, which may include reimbursement by the city, the employee will be required to sign a written authorization to have any costs reimbursed by the city deducted from their paycheck, should they fail to comply with the reimbursement guidelines. The following reimbursement guidelines shall be enforced when an employee separates from the city service for any reason. • Within one year of the completion date of the class, 100% of the amount of reimbursement will be deducted from the employee's final paycheck. • Between one and two years after the completion date of the class, 50% of the amount of the reimbursement will be deducted from the employee's final paycheck. • After two (2) years from the completion date, no amount will be deducted. If the reimbursement amount owed is more than the final paycheck, the employee must pay off the remaining amount. Failure to re-pay the amount owed to the city will result in the outstanding amount being turned over to a collection agency. Department directors are responsible for monitoring these reimbursement requirements. 1nrre/- .nrd>ly.peirse reimboroed: • - -- -- - travel - involved: - -. -- - Formatted: Tx& pl, Justified, Level 1, Indent: Training Left: 0 ", First line: 0 ", Space Before: Auto, After: Auto, Line spacing: Exactly 14 pt, Don't keep with next, Tab stops: Not at 0.25" :The term "training" as used in this policy is inlgtde4 tn, ipclude conferences, seminars, workshc ps, one day courses at,371 educatinnal facility nr o -li ne, or other ntt fessittnal dev proja ms of ` Font: Garamond a similar nature, The following guidelines apply to training reimbursement: c) Department directors need to evaluate the value of the proposed training and whether that is the best way to acquire the information for the City. d) All training must be tied to the departments Training Plan. e ./. . _ i . ... _ - -- .r : : • . _ . - . r r on , " r r a_r . Formatted: Font: Garamond from their training. to others in the department. Formatted: p13, Justified, Indent: Left: 0.25 ", f) Participants must complete an evaluation summary form regarding the training program Line spacing: Exactly 13 pt, Numbered + Level: available from Human Resources after attendance at training. This form will be placed in the 1 +Numbering Style: a, b, c, ... +Start at 1 + personnel file. Alignment: Left + Aligned at: 0" + Indent at: employees P 0.25 ", Keep lines together, Tab stops: 0.26 ", e d . ent direc or • au o the , • • nt o is s or o un a - :'nin - s Left + 0.5", Left the deem appropriate providing the training is beneficial to the department and /or City operations. 11) 41Larraugauents for training, will be crude in the most • • • • r r ' ' -Formatted: Font: Garamond • possible. - Formatted: p13, Justified, Indent: Left: 0.25", - i) Only eipenws for the employee will he paid for, Line spacing: Exactly 13 pt, Numbered + Level: j) All books and materials paid for by the City of Tigard will become the property of the City. 1 +Numbering Style: a, b, c, ... + Start at 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25", Keep lines together, Tab stops: 0.26 ", Dues and Memberships • left+ 0.5", Left Payment for all or a portion of dues and memberships in professional organizations will be" Formatted: p13, Justified, Line spacing: dependent on the employee's position, assignments, and the benefit tO the department and the City, Exactly 13 pt as determined by the department director, -{ Formatted: Font Garamond 149.0 ELECTRONIC COMMUNICATION - _.. - -{ Formatted: Font color: tight Blue It is the city's goal to enhance both external and internal communication through the use of various electronic communication tools. All electronic communication tools purchased by the city are the property of the City of Tigard. Employees should have no expectation of privacy in connection with the transmission, receipt, or storage of information in these electronic communication devices. Any personally owned electronic communication devices an employee uses for city business are also governed by this policy. The city follows the standards and practices set by the Oregon Government Ethics ' . Commission, - - -{ Formatted: Font: Italic, Underline ,Telephones /Voice Mail Formatted: Font: Garamond - Formatted: Left The ability to make outgoing and receive incoming telephone calls is an essential element of the City of Tigard's ability to provide service to the public. The city's telephones and voice mail system are intended to be used only for official business. The City may track incoming and outgoing telephone call numbers and the length of the telephone call. All calls. includin? allowed personal telephone calls. may be subject to tracking of the phone number of the incoming or outgoing call and the length of the call. The city believes, however, there are occasions when employees may use telephones for personal purposes without such usage being at odds with the policy.law: It is normal practice by both public and private employers to permit employees to use business telephones to talk to family members, make medical appointments, schedule service technicians, confer with children's schools, and take care of any of a variety of other matters which can only be accomplished during "regular" work hours. The city believes it is less disruptive to permit employees to make such personal calls at their workstation than to require an employee to take a break or leave from work to take care of personal matters, however care should be taken to keep calls from disturbing coworkers in nearby workstations. Personal telephone calls made during working hours from city telephones should, of course, be brief and infrequent. Personal long distance calls, even if the employee reimburses the city for the cost, may not be made on city telephones. If it is necessary for an employee to make personal long distance calls while at work, such calls must be made with the employee's personal calling card; by placing a collect . . . .... - - - - ... - - - . " .. :. , - .. . . Celbelar Telephones. Personal Deal Assistants (PDA ir) and Smartphone ; • _ - { Formatted: Font: Garamond { Formatted: Font: Garamond The city may__prithcierrevides cellular phones, PDA's and Smartphones to their employees ~' { Formatted: Left, Keep with next specifically to facilitate the carrying out of official business. The city's cellular phones, PDA's and Formatted: Keep with next Smartphones are not for the convenience or personal use of employees. This policy also applies to all City of Tigard employees and their use of personal cellular telephones. PDA's. and Smartphones during work hours. The city also recognizes that there are certain positions that should be given the option of receiving a monthly stipend to obtain a personal cellular phone. PDA or Smartphone to be used for City business. The fourtww components of this section include: (a) use of city cellular phones to (b) use of personal cellular phones (c) use of PDA's and Smartphones. and (d) personal cellular phone. PDA and Smartphone stipends. (a) Use of Ceity Cellular Phones The instances when an employee may use a city cellular phone for personal purposes are limited. An example of an occasion when an employee's personal use of a city cellular phone would not violate Oregon Government EthicsStatitlareldt-ami-Praetiees Commission guidelines would be to contact a spouse or childcare provider to advise that the employee is going to be late getting home or picking up children for a reason directly related to official duties such as a meeting which ran later than expected or a last minute change of schedule. Another permitted personal use of a city cellular phone by an employee would be receiving an incoming call regarding a family emergency. Employee will not be required to reimburse the city when the cellular telephone call follows these guidelines; that is, the personal call is directly related to official duties. Except as described above. aAr city employee cannot make a personal cellular call even if he or she intends to reimburse the city at a higher rate than that generally available to the public. (b) Use of Personal Cellular Phones It is the city's goal for employees to perform their duties in aproductive manner without the - -{ Formatted: Font: Garamond interference of personal cellular telephone calls. Employees may not activate or use personal cellular telephones during normal work hours or in staff work areas. Use of personal cellular telephones is permitted during an employee's personal time (rest and meal periods as referenced in Citywide Personnel Policy No. 45.0, Job Attendance) and outside the workplace. Exceptions may be made to this policy on a limited basis based on an employee's need and with approval of the department director. Employees requesting an exception to this policy must submit their request to their department director for approval. Employees who violate any citywide personnel policy are subject to disciplinary action, up to and including termination. ic) Use of Personal Digital Assistants (PDA and Smartphone { Formatted: Left, Keep with next —� Formatted: Font: Garamond, Not Italic, No • underline This policy applies to all employees who use either a personal PDA or Smartphone or a city Formatted: Font: Garamond, Not Italic, No purchased PDA or Smartphone when conducting city business. PDA's include wireless underline Formatted: Indent: Left: 0.5 ", Keep with next devices that may have phone and intemet capability. Smartphones include traditional telephone functionality and additional features found on a PDA or desktop PC. Department directors are responsible for determining if it is in the best interest of the city to { Formatted: Indent: Left: 0.5" equip an employee with a city funded PDA, or Smartphone.- The city recognizes the benefit of having a complete schedule that includes- both city and personal appointments. Therefore, posting and synchronizing of personal appointments between a city computer and a personal PDA or Smartphone- is permitted in order to provide a complete view of an employee's schedule if the department director has authorized the use of a personal PDA. All smartphones and PDA's which contain sensitive city information, data, or has a • licaions that ould acc ss s nsitiv d. sh > • 1 ke nd n ed o ock • s's authentication or password to access the device. Most PDA's and smartphones have the ability to request a code before accessing the device. and this level of security should be enabled if there exists sensitive data on the device or the device could access sensitive data through an application. If possible the data should also be password protected in case the device is lost or stolen. In t h e event of a lost or broken PDA or Smartphone purchased w i t h city f u n d s , the t - -- --{ Formatted: Indent: Left: 0.5" Department director will determine if the loss occurred as a result of employee negligence when deciding whether the city will purchase a replacement PDA or Smartphone.- In the event of a lost or broken PDA or Smartphone purchased with personal funds, the city will follow - Citywide Personnel Policy, Personal Property -&&:. A - •- roe atted: Font: Garamond _.- >�.- - - . - >re • • '. r • _ • i _ ��� {� C • ' •' • , • •••, • Formatted: left • ' S . < • . , �' - ••. ' '_o • • . - . -- -{ Formatted: Font; Garamond The city's e -trail system may not be used; •• to access an employee's personal Internet a -mail accoun>* • Formatted: 8uI$eted + Level: 1 + Aligned at: • c • -••.• .• •• • • • u. •• •.••." wihcu au ho; .:o • i 0" +Tab after: 0.25" +Indent at: 0.25" • to support charitable, religious, or political activities or causes (other than City approved activities): and •• t •• • • • • 1/1 •• • • •• • '• •' •' •• t • •' .. _ Formatted: Font: Garamond Formatted: Left, Bulleted + Level: 1 + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25" Users understand the city monitors material created, stored, sent, or received on its computer network. R orrili %ty - -{ Formatted: Font: Garamond I f ,n em.l , re ives .. n . r • . ri . t - -m, • e sh m . s loAs . is 1 es s nd o sen - { Formatted: Left, Don't keep with next with a copy of the city's warning message. found in I: \citywide \EMAIL- WARNING.doc. "The City of Tigard considers your enclosed e-mail to be offensive and an inappropriate use of city equipment. Please do not send the City of Tigard this type of material again. Should I receive similar material in the future I will forward it to Tigard's System Administrator who may contact and file a complaint with your Internet Service Provider and /or your Postmaster." A c op y of the.resi+onse,,including the,orjej,tal sender's name and e-mail address, must be F, - -- Formatted: Font Garamond sent tiy e e plo} ee's su perv'. . S. * Co - . . . • ' ., s . n . ... r - Formatted: Left faith effort to dissuade th sender from sendinglm ropriate material, . n t ovu es the .. - - - -- -- Formatted: Font: Garamond If an employee receives a personal e-mail, he or she most immediately respond to the sender with a me,-,sage ngrifyinp- the sender the employee may not receive personal e-mail at the city. An example is available at I: \citywide \personale- mail.doc. �` . .� - -- -- .. .. . ' a. . - ►: .. . . ' ' - . ' .. ' 4•?. • i - ' • •-• . --- Formatted: Font: Garamond r■ o r respondence to my home e -mail address. py;' ` Formatted: Left ' i Formatted: Font Garamond Computers /Internet /E -mail •-_,..- Font Garamond This policy applies to all City of Tigard employees and their use of city computers, the electronic { Formatted: Left mail (e -mail) system and the Internet. It is the city's goal to enhance both external and internal communication through the use of various I electronic communication tools._ All electronic communication tools purchased by the city are the property of the City of Tigard. Any personally owned electronic communication devices an employee uses for city business are also governed by this policy. Employees should have no expectation of privacy in connection with the transmission, receipt, or storage of information in these electronic devices. Any individuals using this system are subject to monitoring and all individuals using the system without authority or in excess of their authority are subject to having all their activities on this system monitored, recorded and examined by an authorized person, including law enforcement, as system personnel deem appropriate. Any material so recorded may be disclosed as appropriate without prior notice to the employees who may have generated, sent or received the material. I -{ Formatted: Font: Garamond _ Formatted: Lett, Keep with next . { Formatted: Font: Garamond Personal Use • -- - { Formatted: Left 3 In general, employees may not use computers owned by the city for personal purposes. The City of 'Tigard's computer system is for authorized users only. There are some circumstances where the ccity believes the use of computers for personal purposes does not violate the Oregon Government . - --{ Formatted: Font: Garamond Ethics i ,Commission guidelines.- ` For example, an allowable use would be . -{ Formatted: Font: Garamond the preparation of application materials for a different position within the city or term papers for a - f Formatted: Font: Garamond city- sponsored class. The personal use of city computers, with the exception of e-mail and the Internet, is permitted with the department director's approval: •:during an employee's lunch period, • Formatted: Bulleted + Level: 1 + Aligned at: +* one hour before their normal work schedule begins, 0" + Tab after: 0.25' + Indent at: 0.25" •-! one hour after their normal work schedule ends, and .! the time between the end of the employee's "work shift" and the beginning of an evening • - Formatted: No Spacing, Left, Bulleted + Level: meeting that the city requires the employee to attend. 1 + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25" Personal use of the e-mail system and the Internet is not allowed at any time except as -- - tted: Left 3 described under Internet Access. No personal use of city computers is allowed on an employee's day off unless the use is related to an educational purpose that is consistent with the city's policies and has been pre- approved by the employee's department director. Personal use of the computer system may not interfere with the employee's work, another employee's work or have an undue impact on the network. Playing games on the city's computers is not allowed. Sending large attachments (greater than two megabytes) to multiple people, distributing hoaxes, and spamming are examples of e-mail usage that could affect employee time or system capacity. E k s she - . h,v no -.A. • . lion of riv_ e • - •o r . • h " t nsmiseion r • I • storage of information, even if the computer is for approved personal use. Internet Access • . { Formatted: Font: Garamond _ _ The city has equipped their computers and some PDAs with access to the Internet in order to have f Formatted: Left access to information and to provide information to the public. Personal use of the Internet is only allowed a) with the department director's approval, or b) to access city sponsored benefit sites or c) to schedule medical appointments for the employee or their immediate family. No access to any investment, deferred compensation or retirement benefit sites or accounts is allowed. The city reserves the right to monitor approved personal use of the internet as appropriate under the law. -- { Formatted: Font Garamond City equipment may not be used at any time to access inappropriate sites or to transmit or receive inappropriate information. - ,Pornography, hate groups, and off shore gambling are examples of { Formatted: Font: Garamond ) inappropriate sites and accessing these sites is a misuse of city property. The city recognizes that occasionally, while in pursuit of valid city business, an employee may inadvertently follow an Internet link that leads to an inappropriate web page. If this occurs, it is not necessary for the employee to respond to the owner of the page, but the employee must immediately notify his or her supervisor of what happened. Copies of e-mail and accessed web pages remain in the system for a period of time and the city may retrieve e-mail and web site histories. It is for the employee's own protection that any anomalies are documented. (�otrnatron .Shaun$ { Formatted: Font: Garamond ) l j ° F. I e' , r , _ w- t se _ t a . • , tie r_ , e _ n .tor in- ( .) • • r Q Formatted: Lett, Keep with next ) whereauthurized unless there has been prior _clearance _by ananthorized supervissitSity property or information that is confidential and /or proprietary cannot be shared with individuals outside of the city without prior clearance from a department dire tor. r err' _ r _ _ _ ■,11. _ n_� -f Formatted: Font: Garamond ) with the city is prohibited from taking or copyiny_any city property or information unless specifically Jgformation Tecbnolw Access Po/iFy f Formatted: Font: Garamond ) Information technology includes but is not limited to all individual computers, computing and electronic communications devices and services, telecommunication devices, e-mail, networks, telephones (including cellular), voice mail, fax transmissions, video, multimedia, applications and instructional materials. Access rights to information /data stored on city-owned equipment will be given on an as- needed basis. Only those rights needed to accomplish tasks related to their job function will be granted. Authorized users of the city's computer network include city employees and other individuals who are contracted to help support the city systems. Information /data and systems may only be used by authorized individuals to accomplish tasks related to their jobs. Any other use is strictly prohibited. Data of a confidential nature must be protected and must not be disclosed without authorization. Unauthorized access, manipulation, disclosure, or secondary release of such data /information constitutes a security breach. Failure on the part of an employee to take reasonable care to prevent such access may he grounds for disciplinary action up to and including termination of employment. City of Tigard Information Technology staff is granted access to information technology resources in order to facilitate their job activities. However, by using these resources, staff agrees to abide by all relevant City of Tigard policies and procedures, as well as all current federal, state, and local laws. These include but are not limited to personnel policies and procedures related to harassment, plagiarism, commercial use, security, unethical conduct, and laws prohibiting theft, copyright and licensing infringement, unlawful intrusions, and data privacy laws. Information Technology staff is responsible for reviewing, understanding, and complying with all policies, procedures and laws related to access, acceptable use, and security of the City of Tigard information technology resources. The City of Tigard recognizes the importance of preserving the privacy of users and data stored in - { Formatted: Font: Garamond information technology systems. Staff and 3 party contractors must honor this principle by neither seeking to obtain unauthorized access to information technology systems, nor permitting or assisting any others in doing the same. Furthermore, staff and 3` party contractors must not make or attempt to make any deliberate, unauthorized changes to data on an Information Technology system. Staff must not intercept or attempt to intercept or access data communications not intended for that staff member, for example, by "promiscuous" network monitoring, running network sniffers, or otherwise tapping phone or network lines. There may be occasions when users' information /data will need to be accessed without the users' permission., - - • -, : - - _ - . _ ... - _ - • - •• - - :. . e- Masted -,When these occasions arise the Information Technology staff member must obtain = - Fornw G tted: Font: Garamond written permission from the tk epartment director or City Manager prior accessing the -- Formatted: Font: Garamond information /data. Staff must not conceal their identity when using Information Technology systems, except when the option of anonymous access is explicitly authorized. Staff is also prohibited from masquerading as or impersonating others or otherwise using a false identity. Without specific authorization, Staff may not remove or modify any City of Tigard owned or administered equipment or data from Information Technology systems. Of Site Information TechnoloD Equipment and Data Use Polia Information technology equipment and data includes but is not limited to all individual computers, _ - { Fo rm atted: Font Garamond computing and telecommunication devices, telephones, all city records, and instructional materials. Employees are required to obtain permission from their supervisor prior to taking computer equipment off site. Department directors are responsible for knowing who within their respective departments has possession of and the location of all information technology equipment taken off site. If the equipment has been kept off site for more than one month, and the equipment has been used on the intemet and /or files loaded or any external devices attached to the computer equipment, it shall not be reconnected to the city's network without first being examined by Information Technology staff. Employees are responsible for taking reasonable precautions against theft or damage to the _ - - - { Formatted: Font: Garamond computer equipment. Data of a confidential nature must be protected and must not be disclosed without authorization. Confidential data or information should be transferred using a secure device that requires authentication to access and if possible the data should also be encrypted. - • ( Formatted: Font: Garamond - ' • , . , - ___ .. _ .. .. . . . . . .. - . ...: .. . . . . : , . : .• _ . , . . ., -.. . . . . . ' _ . . Tveirmeiore-Wivewn-it - - . -. . . _ . _ , -- . . . . - - - - • • - - etattorrefi Afffif 4, - - - Formatted: Font: Garamond ,.,.... ... • Formatted: Left • . ..__ . --( Formatted: Font: Garamond Wive-tlkv4:=t-mati-rirateenviwir-FIati400meeelt ••_( 4 -- ' Formatted: Bulleted + Level: 1 + Aligned at: 0" + Tab after: 025" + Indent at: 0.25" • 41011 ... • - . . -.. - . . --. . - - - ' . - . .. +.....„.••- Formatted: Font: Garamond ' Formatted: Left, Bulleted + Level: 1+ Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25" network. .1themtitlffiliiii, •-- •--- Formatted: Font: Garamond Formatted: Left, Don't keep with next { Formatted: Left . .. . . . . .. . . . . . .. . " _ .. . ._ .• • . . . . . . . ... _ ... .• .. __ - - ( Formatted: Font: Garamond • . - .. .. .. . . . . . ... . . . . . . . . . . . . . .. . . : . ..- - -{ Fonnatbed: Font: Garamond ) , ---.----•-- - , --- --- - --- ------ - ... _ , tyrn4wrievoq4ntrt-i-v4111=e- • i - • - - ... . . . . .. , • . . - { Formatted: Font: Gararnond I , __ I .*I k../. _. .._ • ._ H,_• 1 t _. • •,• • . • re or secondary release of suclislataLinformation .--' constitutes a security breach. Failure un_the4aartsif_an employee to take reasonable care to prevent such.accos_may_he_g , - • .0 . 4 . ' I p_tu_andindudiNieznainaaployment. • I III ' I II • I owned by the city and approved by the Information Technolo. Division shall he installed on city ' 90 * . • 1S , S I I '0' I. - IL... 9 , 9 lc . I . 1 II 0 • • : ' I ILO 9 • I - on1pntr esyilpment spay not he used tudowpload, copy, Or store any copyrighted software, • • • - •• - : . 1 . .o1 - s ' , It 1 . : 1 1 _ The Ci - allows for music CD's to be played from the DVD /CD player. but the music may not be copied to the computer from the CD. Music may not be copied to the computer from any other source including the internet au theft or damage to computer equipment is to be ported immediately to the Information TechinolD5 Division and your su eP rvisoL When computer equipment is renirned to the city_ the user is required to notifj_his supervisor, and to send a Help Desk ticket to Information Technology Division notifying them of the change of status of he computer quipment. Working on a Non -City Computer Using„ a perso electronic device such as a PDA. iPhone or a netbook to access City electro communication and documents for work may make the personal electronic device subject to a records search. Personal electronic devices should not he used for working directly on City documents without approval from your department director. A thumb drive also known as a flash drive, jump drive, pen drive or memory stick should not be se o ns o 1 c o z ation an d um' n s or )rk on rst e tic nic -vi s as this may make the personal electronic device and thumb drive subject to a records search. No personal thumb drives should be used on City computers without approval from IT. Sending electronic communications or documents to a personal email account or other online account may make the email account or other online account subject to a records search. Virtual Private Network (VPN) When using the City's VPN. a secure internet connection which connects outside computers to the city's network securely), no electronic work communication or documents should be downloaded to a personal device. If documents are downloaded to a personal device, this may subject the personal device to a records request search. If work needs to be done on a local device outside of work. a City device should be borrowed or approval from your department director. ,Even if an employee follows all city policies and does not download any documents to their device (PC. smartphone. PDA and any other electronic device) used to access the city's network or information. the employee's device may still be subject to a records search to confirm that no data had been downloaded to the device. Social Media (Facebook. Twitter. Texts or other social networks) 1. City of Tigard employees must follow the City's personnel policies when posting to blogs, wilds or any other form of user - generated media on behalf of the city. Information posted is public information. 2. Employees must obtain approval from their director to post on social websites on behalf of the city. 3. Messages sent or received via social networking sites may fall under the Public Records law. Check with Records for records retention requirements. 4. Follow copyright, fair use and public disclosure laws. 5. Employee may not provide or post confidential information. Permission must be obtained from the appropriate person or department before publishing information. G. Clients, staff or suppliers may not be referenced without their approval. 7. Employees will not use City equipment or time to post personal items or access Web 2.0 sites for personal use. 8. Employee must respect their audience and City policies when posting on behalf of the city. Employees may not use ethnic slurs. personal insults. obscenity_ or engage in any conduct that violates City policies and /or would not be acceptable in the City's workplace. 9. Employees must be cognizant of their association with the City of Tigard in online social networks. They should ensure their profile and related content is consistent with City policies, and presents themselves and the City appropriately. 10. Inappropriate posnti or content mad subject the employee to discip mar action_ up to and including termination. a I..aivr and Licenses Comfiliance .. . _ - -{ Formatted: Font Garamond Users are required to comply with all software licenses, copyright laws, Oregon Government Ethics { Formatted: Left Commissio ' a guidelines, city policies, and state and federal - • -{ Formatted: Font: Garamond laws when using the city's computers, sending or receiving e-mail or accessing or downloading information from the Internet. Unauthorized duplication of copyrighted computer software violates the law and ie contrary to the city's standards of conduct. Employees will not engage in nor make or use unauthorized software copies under any circumstances. Legally acquired software in sufficient quantities for all computers will be provided by the city's Information Technology Division to meet the legitimate software needs for city work. The city and its employees will comply with all license and purchase terms regulating the use of any software acquired or used. Because copyright infringement is an unlawful act, the city will maintain strong internal controls to prevent the making or using of unauthorized software copies. Compliance with software licenses and copyright laws is required. Failure to comply with these standards shall be grounds for disciplinary action, up to and including termination -{ Formatted: Font: Garamond, Not Bold ,yystem Searri • • -- { Formatted: Font: Garamond All employees have a responsibility to take reasonable precautions to protect the city's computer fOfma : Left system. Reasonable precautions include, but are not limited to, updating anti-virus software when requested by the Information Technology Division (II), not allowing unauthorized access to the computer system, and safeguarding the employee's password. If an employee becomes aware of a virus or the threat of a virus, the employee should immediately contact IT with the information. Information Technology will evaluate the risk and, if warranted, notify all employees of the precautions that need to be taken., . -{ Formatted: Font: Garamond !. -marl ar a Publc Record •-- { Formatted: Font: Garamond Under Oregon's public records law, most electronic mail messages created for business purposes - { Formatted: Left i • areare- elearI public records._ .. . ... • _ ... - e • . ! t °L' . . - _ -- { Formatted: Font: Garamond i although some messages may not fall under the definition of public record, it is safest to assume all ..-..-{ Formatted: Font: Garamond messages created could be considered public record. IL • - • • - - . • • - _ • - . - : • - : -: ., • -' { Formatted: Left the only privacy an employee can expect is that afforded through disclosure exemptions. The privacy . _ -- Formatted: Font Garamond afforded government employees using government e-mail systems is minimal and an employee should - - - - t om : fit: Garamond have no expectation of privacy. E -mail that does not meet the definition of a public record may still have to be released as part of litii - -{ Formatted: Font: Garamond fub/rc access and exemptionjivm aisclosutt - { Formatted: Font: Garamond E -mail, ' like other forms of public records,- itimust be made available f l c F OO t : Left any member of the public upon request unless it . falls within one of the ; , �: Font: Garamond specific exemptions described in the public records statute Formatted: Font: Garamond request- ,Aperson need not demonstratehave "legitimate" need forpublic records to be entitled to _ f Formatted: Font: Garamond inspect them. Formatted: Font: Garamond : : • i1 _-s s b ' r or k s - s .: t mate ' • •i T. The ,, or _� iz.. s .s • Formatted: Font: Garamond available to the public on the city's website. pease check with your supervisor, or the City Records Formatted: Font: Garamond I )1visionSeetiein if you have a question on whether an electronic mail message should beprovided to Formatted: Font: Garamond the public. Formatted: Font: Garamond Formatted: Font: Garamond, Condensed by 0.15 pt Retention and Disposition �_ -- Formatted: Fes: Garamond The retention of records stored in electronic records systems, including e-mail systems, is governed by • Formatted: Left, Keep with next j the city's retention schedule. There isn't one retention period that encompasses all e-mail. E -mail is onl . meth( of o 'ca ;on so e I e s . st • _ to ach m ssa u to et •iii ne .: • 't ink the city's retention schedule. The city has adopted Oregon Administrative Rule 166 -200. "Gift General Records Retention Schedule." The schedule is available on -line at http: / /arcweb.sos.state.or.us /Hiles /OARS 100 /OAR 166/166 200.htrnl. If you have a question - -- Formatted: Font: Garamond about the retention of a message, please contact the City Records DivisionSeetierk - - - Formatted: Font Garamond An e -mail mailbox should not be used for long -t storage_ j If an e -mail falls within the definition of -- Formatted: Font: Garamond a public recordhas--valueit should be kept witllprind- put- inte,the appropriate file. Retention may - - -- Formatted: Font: Garamond b. in 'r f c or in he i •'s • 0 .:don • n. rem nt s ste I__ :ser ch . P. d ess :.:L s s : -- Fitted: Font- Garamond include any attachment, and all header information. i.e.. time and date. routing information. etc- ,It is ` ma tte : Font: Garamond j the responsibility of the holder of the official record to make sure the file is updated..,-,For example: -'- f tied: Font: Garamond { Formatted: Font: Garamond I •! An updated record's policy is e-mailed to all employees. -,.It is the responsibility of the person . _ Formatted: &dieted +Leven: l + aligned at: sending the e-mail to keep the record copy. 0^ + Tab after: 0.25" + Indent at: 0.25" Formatted: Font: Garamond •• A citizen calls and leaves a detailed message regarding a pending file; the receptionist forwards the message through the e-mail system. is the responsibility of the person receiving the Formatted: Font: Garamond message to add the message to the file.L Formatted: Font: Garamond •! E -mail related to a current project or issue may be retained on the system as a reference tool. `. omitted Font: Garamond Once the project is completed or the issue resolved the employee should verify all relevant e- Formatted: Left, Bulleted + Level: 1 + Aligned mail is in the file and then delete the e-mail from their e-mail box. at: o" + Tab after: 0.25" + Indent at: 0.25 ", Keep with next Reeerd Scries Ref -Per-ied Aetionte -take Eerrespendenee R-e €ai d delete General 1 year Re p an d d Financial 3 yetini Read and- elete Po licy- and- l•Ii•storieal Permanent Read nddelete PfegFam w hi c h t- Fe l i te s Formatted: Font: Garamond, Not Italic, No • - underline • Policy Compliance Formatted: Indent: Left: 0.25 ", Keep with Employees who violate the Computer Use, Electronic Mail and Internet Poliy may have e-mail access and - next Internet privileges suspended as well as be subject to disciplinary action, up to and including Formatted: Font: Garamond termination of employment.—,_ Left : 1 - • - - Formatted: Font: Garamond - .. . " :. -- -- { Formatted: Font: Garamond _ .. . -." Formatted: Left .. Formatted: Font: Garamond • { Formatted: Font: Not Bold p3.0 pRIVING AND VEHICLE OPERATION .{ Formatted: Normal { Formatted: Font color: Light Blue The operation of vehicles and equipment is necessary in conducting the day -to -day business of the '{ Formatted: Font color: Light Blue city. Driving and the use of vehicles for city business includes regular vehicles for operation on streets as well as operation of special -use vehicles such as construction and excavation equipment designed to operate primarily off -road but driven on public roads to a job site. The purpose of this policy is to record the city's guidelines and policies governing driver authorization, reporting of collisions, investigation procedures and the safe operation of vehicles, both city owned personally owned or any vehicle or equipment, which are used for official city business or while on City assignment with an ether agency. Use of City Owned Vehicles and Equipment or any Vehicle or Equipment Used W -'hile on City Assignment. City vehicles and equipment or any vehicle and equipment used while on City assignment areare -tea he used only in the performance of official city- authorized business; however, personnel whose work assignment is primarily in the field may utilize their assigned eitrvehicle during meal and rest periods for personal business as approved by the employee's supervisor. Employees doing so must conduct themselves in a manner thatu ieh does not bring discredit upon the city or incur additional costs for fuel or vehicle maintenance. The following additional guidelines for the use of a city owned vehicle /equipment or any vehicle and e ui r ment us hile o i s vnent shall apply: • Any out -of- pocket expenses such as fuel, emergency repairs, parking or tolls shall be reimbursed upon presentation of receipts; • No reimbursement will be made for parking fines or any other charge levied for violation of a motor vehicle law; • Family members or other non -city employees maysliall-not be transported in personal or other non- Cityeityvehicles except I h vehicle is beim o• ra ed fi r Ci • •u in se. In such cases, an employee must receive authorizatiorrieetzl by the department director or must be . ' • . °chic'_ it• regularly assigned a vehicicte the employee as a provision of an employment contract; • Temporary employees, contractors or volunteers are prohibited from driving a city vehicle without the specific authorization of the department director, verification of appropriate motor vehicle license and driving record approval by Risk Management.- Use o f Personally Owned Vehicles Employees are encouraged to use city pool vehicles when appropriate however, the use of personal vehicles to conduct city authorized business is allowed under the terms of this section and city policies. When the city allows use of a privately owned vehicle it must be a conventional, at least four -wheel vehicle, and be in safe mechanical condition that is adequate to provide safe transport for the road and weather conditions. Vehicle /equipment must conform to State of Oregon requirements. Vehicle registration and insurance must be current. No reimbursement will be made for parking fines or any other charge levied for violation of a motor vehicle law. Employee's must file and keep current personal insurance information with Risk Management before a personal vehicle can be used for city authorized business. Employees driving their personally owned vehicle will provide proof of personal auto liability insurance with liability limits of at least $100,000/$300,000 /$50,000 per occurrence. This personal auto insurance is primary in the event of a liability loss. The city is not responsible for the physical damage to the personally owned vehicle so employees should also have their own collision and comprehensive insurance coverage. Personally owned vehicle usage that meets the preceding requirements awi l-be reimbursed at the federal mileage rate. Mileage reimbursement for the use of a privately owned vehicle is considered full payment (including deductibles, depreciation, insurance, maintenance, fuel and operating costs) 4 for its use. Driver Authorkation and Review In the event a work assignment requires the use of a city owned vehicle or any vehicle for city 1 authorized business, the employee is required to be qualified and possess the appropriate class of license for the type of vehicle used. The employee shall immediately report any limitation on his /her ability to safely operate the vehicle or any change in his /her licensing status to the employee's supervisor or department director. The city requires periodic review of employee's driving records and requires review of applicant's driving records to ensure that people entrusted with the operation of vehicles are legally permitted to do so by the state; that they demonstrate by their driving record that they are safe drivers; and that the city is able to insure the person. ❑ Initial authorization to drive. When a position is being filled for which duties and responsibilities include driving, the driving record will be evaluated according to the city's Risk Management procedure addressing driver's record review standards. Applicants must be at least 18 years of age and have a valid driver's license. Job offers are contingent upon a successful driving record check, conducted by Risk Managementthe-Itieitig-tiepatnt, which meets city's standards. ❑ Driver Responsibilities. Those authorized to drive have the responsibility to do so safely while following defensive driving principles, Oregon laws and city regulations. Drivers operate vehicles safely in order to prevent collisions and injuries in spite of unsafe driving by others or adverse driving conditions. Drivers must have a valid driver's license, appropriate for the vehicle being operated, and it must be in the employee's possession at all times while operating a vehicle on official city authorized business. Drivers must immediately report any changes to their driver's record to their supervisor. ❑ Ongoing Driver Authorization. The city conducts periodic review of motor vehicle driving records of all employees entrusted with the operation of vehicles for city authorized business. The courts use the "negligent entrustment" doctrine to determine city liability when there is a collision resulting in property damage, injury or death. This doctrine can place responsibility for driver error, recklessness and incompetence on the Ceity as the employer when a driver has a suspended /expired license or a poor motor vehicle driving record and is allowed to drive for City authorized business. Collision Repot7ir{g and Review Collisions are incidents or events that involve city owned vehicles and equipment._- -a personally owned vehicle or any vehicle or equipment thatvwhieh is being used for official city authorized business or C ity au thorized assignment with anot_h_ her a ;genry resulting in property damage, injury or death. Whenever a collision occurs involving a city owned vehicle,-ftr-piece of equipment-es--a personal vehicle or an} vehicle or equipment that is being used for officialese -on city autho ' ed business the collision- must be reported immediately to the employee's supervisor, and, if within the city limits, to the Tigard Police Department. Further information and procedures related to this policy are contained in the City of Tigard's Risk Management Manual. Penalties for Violations of Driving and Vehicle Operation Policy In order to maintain a safe and productive work environment, a violation of this policy will be considered a very serious case of misconduct and subject to disciplinary action up to and including termination. Further information and procedures related to this policy are contained in the city's Risk Management Manual. Formatted: Font: 13 pt, Bold, Font color: Light Blue ,54.0 USE OF CITY PROPERTY AND INFORMATION -- Formatted: Font: 13 pt, Font color: Light Blue Formatted: Font: 13 pt, Font color: Light Blue E -‘11 city property and information is to be used solely for job related purposes. Use of such Formatted: Font: 13 pt property or information for personal purposes is strictly prohibited unless specifically authorized by city policy or the department director. Employees should not have any expectation of privacy in the use of city property or any information contained therein at any time. For purposes of this policy, city property includes all equipment, information, materials and facilities owned by the City of Tigard. Examples include software, electronic equipment, information systems (including but not limited to computers, PD,k's, cellular telephones, fax .• --{ Formatted: Font: 13 pt machines, copiers, voice mail, e- mail). communications and information stored in the { Formatted: Font: 13 pt city's information systems and electronic equipment, passwords, codes and keys to gain access to such equipment, buildings, motor vehicles, lockers, desks, etc. The city reserves the right to access all city property and mayrreriettieellymonitor use of such • { Formatted: Font: 13 pt, Strikethrough { property. The city reserves the right to review and /or disclose all information contained in " -{ Formatted: Font: 13 pt such property at any time and for any purpose. Employees are strictly prohibited from using any city property to solicit other individuals for any purposes or to send messages which may be interpreted as harassing, discriminatory, obscene, or defamatory. The city 'scitA anti - harassment _policy fully applies to employees in - ( Formatted: Font: 13 pt this use of city property. Employees shall not use a erode, access a file, or retrieve any stored information -{ Formatted: Font: 13 pt other than where authorized, unless there has been prior clearance by an authorized supervisor. City property or information that is confidential and /or proprietary information cannot be shared with individuals outside of the city without prior clearance from an .- -{ Formatted: Font: 13 pt authorized city representative. Any employee who leaves employment with the city is prohibited from taking or copying any city property or information unless specifically authorized by their departrnent director. Public Records Public rec. rds .s def d in Ore. on Revised S atute 192.00 "includes but is not limited to doc ent book •a .e .ho o. a.h file sound recor• .r machine readable electronic record, regardless of physical form or characteristics. made. received, filed or recorded in pursuance of law or in connection with the transaction of public business, whether or not confidential or restricted in use." If city business is being discussed via Internet chat rooms or by instant messaging or other forms of electronic communication the information most likely falls under Public Records law and retention requirements apply. C of Tigard employees are responsible for managing public records in their custody, which includes identifying public records and retaining records in compliance the city's retention schedule. Employees are prohibited from releasing original files to any non -city et mployee without written authorization from the employee's department head. The written authorization is to be submitted to the City Records Division as documentation of the release of the records and to meet retention requirements. The city has adopted Oregon administrative Rule 166 -200, "City General Records Retention Schedule." The schedule is available on- line _at http: / /arcweb.sos.state.or.us /rules /OARS 100 /OAR 166/166 200.html. I employees have a question about records retention or how to transfer records to the city's central archives, they should check with their supervisor or the City Records Division. Employees should be aware that unlawful destruction of any public record, regardless of medium or physical format. may be considered a crime. ORS 162.305 reads. " A person commits the crime of tampering with public records if without lawful authority he person knowingly destroys. mutilates, conceals. removes. makes a false entry in or falsely alters any public record, including records relating to the Oregon State Lottery" It is also the policy of the City of Tigard to protect the personal information of employees an. ust.m•r f. exam le names'' ,mb• ati.nwith _. i._ s• _'r n_..bers driver's license or identification cards; passport numbers; or fina *vial information. This is in compliance with Oregon Revised Statute 646A.600 — 646.A.628. the Oregon Identify Theft Protection Act (OITPA) and the Fair and Accurate Credit Transactions (FACT) Act of 2003. and Federal Trade Commission Rules as adopted by City Council Resolution No. 08 -66 regarding the Information Security Program fox e City of Tigard Each de artment is required to identify records that may be protected and have a policy in place for protecting the records and notifying customers if there is a breach in security. Such policies must be approved by the department director The City Records Division maintains a Records Management Manual. which is the resource for City of Tigard employees regarding current rules, regulations. and guidelines for managing the city's records. •{ Formatted: Font: 13 pt Employees who violate this policy ate subject to disciplinary action, up to and including termination of employment. The City also may report any violations of this Policy that it considers to be a criminal violation to the appropriate authorities., -{ Formatted: Font: 13 pt j 56.0 FAMILY AND MEDICAL LEAVES OF ABSENCE - - -{ Formatted: Font color tight Blue This policy is established to comply with both the Oregon and Federal Family and Medical Leave Acts which entitle eligible employees to42-wec n -job- protected leave - every -12 months for family and medical reasons. The intent of this policy and the law is to allow city employees to balance their work and family life by taking reasonable, paid and /or unpaid leave of absences for the reasons specified in these rules and regulations. The deity's family and medical leave policy combines benefits required by the federal Family and Medical Leave Act (FMLA) and state law (OFLA).: Effp/i9yee-El bility An employee must have been employed by the city for at least 180 days for an average of 25 hours of work per week during the previous 180 days. Exception: The hourly prerequisite does not apply to parental leave. An employee must have worked an average of 20 hours per week for the City for at least 180 calendar days immediately preceding the date the employee takes Oregon Military Family Leave (OMFLA). Formatted: Font: Not Italic Ouah yingPenrirstble Reasont,_ • :.. , , "larental Leave: Leave to care for a child born to or • { Formatted: Font: Bold pll aced - - - - , - -... . . . . . : . .. - - :.: - - . :.. ::, :: -- --- Formatted: Normal, Justified, None, Bulleted w the-cmp loyee for adoption or foster care with the employee. Under OFLA, an employee + Level: 1 + Aligned at: 0" + Tab after: 0.25" who uses 12 work weeks of parental leave is entitled to take up to 12 additional workweeks of sick child leave. , "' :. _ " 7 Indent at: 0.25" Formatted: Font color: Black • Family Member Leave: To care forCarc of a family member (spouse, child, parent, and in • - - Formatted: Font color: Black, Strikethrough 1 Oregon. same -sex domestic partner, grandparent. grandchild, or-parent-in-law. or a parent or Formatted: Bulleted + Level: 1 + Aligned at: child of an employee's same sex domestic partner) with a serious health condition or for a child 0" + Tab after: 0.25" + Indent at: 0.25" requiring home care due to illness extending longer than three j;i)_days. T eav _ arc fo_ e t -._ , -- .. - , - • - • . .. . . . . . • .... ., . (This type of leave oftenmay --he referred to as "Serious Health Condition Leave. ") Please refer to "Certification of Health Care Provider" — US Department of Labor Form WH -380 — for the definition of a serious health condition. • Employee Leave: To recover from or seek treatment for a serious health condition of the employee when the employee is unable to perform at least one essential function of his /her regular position. Serious health conditions indude on- the -job injuries (FMLA only), pregnancy related disabilities, and prenatal care. (This type of leave is oftener -be referred to as "Serious Health Condition Leave "). • Military Caregiver Leave (FMLA Only): To care for a covered family member (spouse. child, parent. or next of kin) who has incurred an inju y or illness in the line of duty while on active du in the Armed Fo ces rovided that the in ' or illness ma render the ,mil m-mb-r m di . ,fi o erform duties of the member's office ad rank or ra ' MLA onl . • Qualifying Exigency Military Leave (FMLA Only): For any qualifying exigency arising out of the fact that the employee's family member (spouse. child. or parent) is on active duty or has been notified of an impen 'ng call or order to active duty ' the Armed Forces in support of a contingency operation (FMLA only). Under Oregon law. employees may also request family and medical leave for: • Sick Child Leave: To care for a minorTo care for a child who suffers from an illness or injury .- - - — - Formatted: Bulleted + Level: 1 + Aligned at: that does not qualify as a serious health condition but that requires home care,_-(rnaralso-lae 0" + Tab after: 0.25" + Indent at: 0.25" . - . " . - . :. .- - . . If "Sick Child Leave" is requested to care for a child who does not have a serious health condition, the Ceity has the right to denyn prove the employee's request for leave when another family member is willing and ableale to care for the child. "Sick Child Leave" does not include care of a grandchild: . . Duration gfLeave • Twelve work weeks (480 hours during a rolling 12 -month period computed fwd -from the date the employee first uses OFLA/FMLA leave. Leave time is pro -rated for employees working between 25 and 39 hours a week. • Taking leave on an intermittent basis or on a reduced work schedule may be permitted by the City if necessary to take care of t seriouslyax ill covered family member or because of the employee's own health condition. In either case, documentation by a medical professional is necessary.- Leave of this nature must be approved in advance by the City and employees must make a reasonable effort to minimize disruption in the work unit. Intermittent leave will be calculated on an hourly basis which computes to 480 hours per year. Leave time is pro -rated for employees working between 25 and 39 hours a week. • Parental leave must be taken within 12 months after the birth /placement of a child._ Leave may be taken non - consecutively, but if more than two (2) non - consecutive leaves are taken within the 12 -month period, the employee must receive prior authorization from th Human Resources_Direetor. • Under the Oregon Family Leave law (OFLA).; employees who take parental leave are also entitled to an additional 12 weeks of family leave to care for a sick child only if the full 12 weeks of parental leave has been exhausted during the parental leave year. Employees not using the full 12 weeks of parental leave are only entitled to the balance of their 12 week entitlement for the purposes of sick -child or any other type of OFLA leave. • Female employees who must take leave because of a pregnancy - related disability which prevents the employee from performing any available job duties as documented by the employee's treating physician or health care provider, may take an additional 12 weeks for other purposes approved under the law. , An eligible ere allowed -by VOA _ .. 1 ' employe ^'_ - - - - - - -- -- • -•who- -- -- - --- - - - - �-4t is the - ', .. - . - .. • •. • r . - • - - - - . ♦ - • . - • • , spouse, child. parent, or next of kin of a covered service membe • . • -, - .- -- - - - • . th, cmploycc. • • - • . • . ' - , -. .. _ • : : . : • - ' - .. . _ . . •- .: - ,shall be - - { Formatted: Font: Garamond entitled to a total of 26 work weeks (1.040 hours) of leave - - • r - - • : • ' : -• - • - • - . : -..'. • .. • _ . --- • - ...... - • r :: 1 + Aligned at: 0" + Tab after: 0.25" + Indent during a 12 -month period to care for the injured service member (FMLA only). Leave time is_ at: 0.25 ", Tab stops: Not at 0.29" pro -rated for employees working between 25 and 39 hours a weekhi, /her absence f -° the - - -{ Formatted: Font Italic • Ail ell ,•h •m lnyee may take up to 12 work weeks of FMLA leave for any qualifying exigency arising out of the fact that the spouse, child, or parent of the employee is on active duty (or has been notified of impending call or order to active duty) in the Armed Forces in support of a contingency operation. General Provisions • Notice r • - . - • , . f . - - - Formatted: Indent: Left: 0.25 ", First line: 0 ", a.)-When leave is anticipated, written notice must be provided at least 30 calendar days prior to Tab stops: 0.69 ", List tab + Not at 0.5" the start of leave. "Anticipated" refers to an employee having knowledge at least 30 calendar days in advance. Failure to comply with providing proper notice will result in delaying the leave until proper notice is received. 1}} -When leave is unexpected, verbal notice must be provided to the supervisor or Human Resources within 24 hours of the leave commencement plus written notice must be forwarded to Human Resources within three (3) days after returning to work. An employee must notify their supervisor if they have been off work for more than three (3) calendar days due to a family or medical- related event as defined in "Qualifying Purposes ". Employees should contact Human Resources for additional information regarding their OFLA /FMLA rights. Em loyees are responsible and must provide sufficient information for the City to determine if th leave ma • uali • for famil' medical leave rotection and the antici ated . n .n duration of the leave. Employees must also inform the City if the request leave is for a reason for which FMLA and /or ()FLA leave was previously taken or certified. The consequences for failing to provide adequate notice for OFLA -only leave are that the City may reduce the period of unused OFLA by the number of days the employee took without notice (not to exceed three weeks per leave year). Employees must make reasonable efforts to schedule treatment for serious health conditions and /or leave for planned treatment in a manner that does not unduly disrupt business operations. • Rolling 12 -Month Leave Period The leave calculation year for family medical leave is 12- months measured backward from the Est day family leave is taken by the employee. Each time the employee uses family leave. the employee's remaining entitlement would be the balance of the 12 work weeks which has not been used during the immediately preceding 12 months. • Paid and Other Leave to Run Concurrently The City requires the substitution of accumulated sick leave (for SEIU and TPOA members) or Medical Leave (for Management /Supervisory /Confidential Group employees participating in the PTO Program) prior to or during the duration of FM A /OFLA leave as provided by applicable City policies. bargaining agreements. State laws. and /or Federal laws. After sick leave or Medical Leave has been exhausted, employees are required to use any other applicable. accumulated paid time (i.e.. vacation. management leave, floating holiday, appointment lean • PTO etc. .s . rovided . a r lica Ile i i1 olicies bar eeme is state laws, and /or federal laws during their leave of absence before being placed on unpaid leave status. If requested by the employees. earned time (i.e.. compensatory time and M2 time) is eligible to be used during approved FMLA /OFLA unless otherwise stipulated by applicable City policies. bargaining agreements, state laws. and /or federal laws. 1 eft-a-reguslar-13a.sis. re Sometimes more than one rye of leav esmy to a situ ion. Where allowed by federal and /or state law. leaves will run concurrently. This means that worker's compensation leave (FMLA only). leave for a non - industrial injury o t illness (including; Paid leave such as sick leave), Medical Leave Bank (MLI3) and /or Paid Time ()ff (PTO) for Management. Supervisory & Confidential Group employees participating in the Paid Time Off Program. leave as a reasonable accommodation for a qualified individual with a disability. paid vacation used for a family leave qualifying reason. and federal family and medical leave (FMLA) as well as state family and medical leave (OFLA) may all run concurrently and be counted against the employee's annual family and medical leave entitlement. All applicable leave will be governed by City policies, bargaining al'reements. State laws. and /or Federal laws. Leave granted under state worker's compensation laws will be treated in accordance with the above laws and will run concurrently with FMLA. It will only run concurrently with OFLA leave if the employee's workers' compensation claim is denied or the employee rejects a light - duty offer. In many circumstances. FMLA leave runs concurrently OFLA leave. ledical Certification •- Formatted: Font: (Default) Garamond, Not Italic, No underline The Ceety requires a timely and complete written verification from the treating physician or • Formatted: No Spacing, Space Before: 0 pt, After: 0 pt, Tab stops: Not at 0.5" health care provider at least 30 days prior to the start of the leave for an anticipated serious health condition relating to the employee. A completed and signed "Certification of Health Care • Formatted: Font: 12 pt Provider for Employee's Serious Health Condition" (US Department of Labor Form WH- 380 - Formatted: No Spacing, None, indent: Leh; " , Rousted + Level: 1 + Aligned at: 0.25" + E o do ume a.on ro • -s t s,m i ) J• uO ,s o Fo I - 81- will Indent at: 0.5" be considered acceptable written verification from the treating physician or health care provider. •;( Formatted: Font: 12 pt In cases where the serious health condition is unanticipated. the employee will be required to ' Formatted: Font: 12 pt c ti a.o wi hin 15 d. 's of th re s fo le,ve. The it ma •• r '. e r n> employees to provide a fitness- for -duty certification prior to the employee's return to work: r eit { Formatted: Font: 12 pt 3 +--The Ceity has the right to solicit a second and_eeea:;ary third opinion_ and periodic re- . ; ic,.o s s or. > th n for 1 ,v'. • e - - o e • • • to yeti-fp-the-health • - -- - - . - - - - ..: . "- .. - will he at the Ceity_'s expense. Under Oregon law - :, , _ -, employees who use niarbe-plaeed-oft-tokappf weed-leave revoked: twee:toter-by-the.L.1er . - - - • . . - - .. :. ick child leave on all or any part of on- more -than three 0,1..separate dayseeeasions in a 12- month leave period b re u ir d tc , the - employee -mom prpvide medical documentation from the child's doctor to verify that their - _ - - -{ Formatted: Font: Bold child was ill and required home care for all subsequent uses of sick child leave: r i.. O f n.:,r r •r:. c _ - - - _ • • _ — . . _ _ _ • _ . _ -• .. • - _ in the 12- monthl TO -- { Formatted: Font: Garamond .. e ......... . - - - - - . . - • . .. . . .. ... ..... - -- Formatted: txt rpl, Level 1, space Before: 0 ` • - pt, After: 0 pt, Bulleted + Level: 1 + Aligned at: - - - - - - • _ . _ . . . _ - - - - - • . . . - . - . - - _ • _.period -ef 0" + Tab after: 0.25" + Indent at: 0.25 ", Tab • stops: Not at 0.5" _ - - -{ Formatted: Font: Garamond • When taking leave for a seriously ill family member employees are required to complete and Formatted: Font: Garamond ubmit the "Certification for Health Care Provider for Family Member's Serious Health Formatted: Font: Garamond, Bold, Thick Condition" (US Department of Labor Form WH- 380 -F) Small caps • The consequences for failing to provide a timely, sufficient_ and complete written verification supporting the need for the absence(s) are that the leave may be delayed or denied and not be protected by family medical leave laws. Certification of Spousal/ Domestic Partner Deployment. Qaa/ ing Exigency. and Militaa Caregiver Leave • An employee requesting Qualifying Exigency Leave is required to complete a Certification of Qualifying Exigency for Military Leave (Department of Labor form WH -384) including written documentation confirming the military member's call to active duty within 15 days of the request. • The City requires certification from an authorized health care provider of the covered service member in order to take leave to care for the covered service member within 15 days of the request. Department of Labor WH -385. an "Invitational Travel Order" (ITO). or an "Invitational Travel Authorization" (ITA) are acceptable forms of documentation. Contact Human Resources for information. • Failure to provide a timely. complete. and sufficient certification may result in denial or delay of continuation of leave. intermittent /Reduced Schedule Leave When Medically Necesrar_y • In situations where intermittent or reduced schedule leave is available and foreseeable, employees may be temporarily transferred to available alternative positions that better acco mmodate intermittent or reduced schedule leave. Any such transfer covered by OFLA will be with the employee's consent. employee's length of service. • If the employee chooses not to return to the city after their OFLA /FMLA leave (other than an a _ Reinstatement - - Font: Garamond _ - -- - Formatted: Bulleted + Level: 1 + Aligned at: • The City will make every effort to reinstate the employee in their former position. 0" + Tab after: 0.25" + Indent at: 0.25" • If reinstatement to the employee's former position is notpossible due to the unanticipated Formatted: Font: Garamond elimination of the position during the time of the employee's absence, the employee will be reinstated to an equivalent position if one exists. If the employee is covered by a collective bargaining agreement, reinstatement will comply with the terms of the agreement. • The right of reinstatement is also subject to federal and state law regarding disability and workers' compensation. Continuation of Benefits • During anaroved FMLA /OFLA leave. the City will maintain an employee's health cove ar ;e under the City's group health plan on the same terms as if the employee had continued to work. The City will recover premiums paid on behalf of the employee who does not return to work for reasons other than a serious health condition of the employee or family member. or other circumstances beyond the control of the employee. • Employees who exhaust their paid leave banks while on approved FMLA /OFLA will have the option of continuing other City -paid and voluntary benefits during their leave and the method in which they chose to pay the applicable premiums. Failure to reimburse the City for any premiums paid on the employee's behalf during his /her approved absence will result in retroactive cancellation of the impacted benefit. States Report and Call- -In • While on family medical leave. employees must provide the City with periodic reports of status and intent to return to work. Employees should make arrangements with their supervisor to ensure compliance to this provision. Il 7 orking forAnother Employer • The City's policy prohibits employees on a paid or unpaid leave of absence. including a family medical leave of absence. from working for another employer, without prior written authorization. 46_0 NEW CRIME VICTIMS' LEAVE -- -- Formatted: No Spacing Formatted: Font: 12 pt, Font color: Light Blue This policy is established to comply with Oregon Revised Statutes which grants certain crime victims Formatted: Font; 12 pt, Font color: light Blue and their immediate family members the right to take protected leave from work to attend criminal proceedings. Emp /aree Gligihilty To be eligible for Crime Victims' Leave. an employee must have worked an average of 25 hours per week for at least 180 days immediately before the leave begins. The employee or an immediate family member must have been a crime victim who has "suffered financial. social. psychological. or physical harm as the result of a personal felony." Under Oregon law. immediate family is defined as spouse_ domestic partner. father. mother. sibling. child stepchild. or grandparent. /lmonnt of have 'There is no specific time limit on the amount of Cruse Victims' Leave an employee may take. However. the City may limit the leave if the employee's absence creates an undue hardship. meaning A "significant difficulty and expense." taking into consideration the size of the business and any critical need for the employee. The City will evaluate the duration on a case -by -case basis and will make every effort to comply with the employee's request for leave. If the City determines the employee's leave will result in an undue hardship, the employee should notify the prosecuting attorney who is then required to notify the court. The court must then take the employee's work schedule into consideration when scheduling the criminal proceeding. Leave With or liVitbout Pay C e Vic i ms' av is n ai le v -. Ho ver . s rmi (i th • .w th Ci i of Ti.. r will allow 11.1k s to us .n a ru d va _tion PTO oati ho ' _ or om ns, o 1 •v . Employees will be required to use all applicable paid leave before requesting leave without pay. Employees may not use sick leave /MLB for Crime Victims' Leave. Emp4yee :r Responsibilities The law requires that the employee provide the City with reasonable notice of intention to use Crime Victims' Leave. The City requires the employee to notify Human Resources of the need for Crime Victims' Leave at least 15 calendar days in advance of the beginning of the leave. However, in the event the employee was unaware of the need for leave 15 days prior t() the leave beginning, the employee must notify Human Resources as soon as possible but no later than 1 work day before the first day of the absence. The employee must also provide copies of the scheduled criminal proceedings that the employee receives from the court or a law enforcement agency. The employee will also provide Human Resources with documentation of any schedule changes. The City will treat such documentation as confidential records. Ci(v Responsibilities Upon notification of the need for leave. Human Resources will verify that the request for leave falls under the Crime Victims' Leave policy as described in this Personnel Policy. Depending on the cir u Stan •s . • V' its' .v• . overt, wi h of er i es of un - aid 1 . ve in lu F. mil • and Medical Leave and Domestic Violence Victims' Leave. All documents provided by the employee supporting the eligibility for Crime Victims' Leave will be forwarded to Human Resources where they will be retained in a confidential file. After verification and an analysis of whether the employee meets the necessary requirements. the supervisor will be notified of the employee's qualification for the leave. Timesbeets Human Resources will instruct the supervisor to submit a Personnel Action form as well as how to note such leave on the employee's timesheet. 67.0 NEW DOMESTIC VIOLENCE VICTIMS' LEAVE - - - - { Formatted: No Spacing { Formatted: Font: 12 pt, Font color: Light Blue This policy is established to comply with Oregon Revised Statutes which grants employees who are (formatted: Font: 12 pt, Font color: tight Blue victims of domestic violence, sexual assault. or stalking the right to take protected leave from work for a reasonable period of time to seek assistance. The law applies to victims as well as parents, ;guardians of minor children. or dependents who are victims. Employee Eligibili� To be eligible for Domestic Violence Victims' Leave. an employee must (1) have worked an average of 25 hours per week for at least 180 days immediately before the leave begins; (2) be a victim of domestic violence. sexual assault. or stalking or be a parent or guardian of a minor child or dependent who is a victim: and (3) the leave must be for an authorized purpose. An "authorized purpose" includes seeking legal or law enforcement assistance or remedies; seeking medical treatment for or recovering from injuries; obtaining counseling or senvccs from a victim services provider; or relocating or taking steps to secure a safe home for the employee. minor child. or dependent. 'mount gfLeave There is no specific time limit on the amount of Domestic Violence Victims' Leave an employee may take. However. the City may limit the leave if the employee's absence creates an undue hardship. meaning a "significant difficulty and expense." taking into consideration the size of the business and any critical need for the employee. The City will evaluate the duration on a case -by- case basis and will make every effort to comply with the employee's request for leave. Leave With or Without Pay Domestic Violence Victims' Leave is unpaid leave. However. as permitted by the law. the City of Tigr'trd will allow employees to use any accrued vacation/PTO. floating holiday. or compensatory leave. Employees will be required to use all applicable paid leave before requesting leave without pay. Employees y not use sick leave for Domestic Violence Victims' Leave. An employee who as a result of the domestic violence incident is sick. injured. or experiencing a mental health issue that would normally be considered appropriate use of sick leave is eligible to use accrued sick leave or ML.B (if applicable). Human Resources is available to assist in determining the appropriate use of leave time. j nrployee :r Responsibilities The law requites that the employee provide the City with reasonable notice of intention to use Domestic Violence Victims' Leave. The City requires the employee to notify Human Resources of the need for Domestic Violence Victims' Leave at least 15 calendar days in advance of the beginning of the leave. We understand. however. that instances of violence are usually not predictable and some requests may be made with little notice. The employee may be asked to provide verification to support the need for leave. The following items are acceptable form of verification: • An employee's written statement that the employee or employee's family member is a victim And needs assistance; and • A police report or other document from law enforcement indicating the employee or employee's family member is a victim; or • A court order providing protection to the victim; or • Documentation from a healthcare provider advocate clergy. or attorn ey. The City will treat this information as confidential records. City 's Responsibilities Upon notification of the request for leave by the employee. Human Resources will make every attempt to verify the need for leave falls under the Domestic Violence Victims' Leave policy as described in this Personnel Policy. Any documentation pertaining to Domestic Violence Victims' Leave including the fact the employee requested or obtained leave will be kept confidential and will not be released without the employee's express authorization or as may be required by law. Depending on the circumstances, Domestic Violence Victims' Leave may overlap with other types of unpaid leave including Family and Medical Leave and Crime Victims' Leave. All documents provided by the employee supporting the eligibility for Domes ' c Violence Victims' Leave will be forwarded to Human Resources where they will be retained in a confidential file with restricted access. After verification and an analysis of whether the employee meets the necessary requirements. the supervisor will be notified of the employee's qualification for the leave. Timerheets Human Resources will instruct the supervisor to submit a Personnel Action form as well as how to note such leave on the employee's timesheet. Sgfefy Accommodation The City will provide a reasonable safety accommodation when requested by an employee who is a victim of domestic violence. sexual assault. or stalking when such request does not result in an undue hardship. A request for a safety accommodation will be considered on a case by case basis. The employee will be expected to participate in an interactive evaluation process with Human Resources to identify the underlying safety concern. address the specific accommodation, and discuss possible solutions. Discrimination/ Retaliation The City will not tolerate any discrimination or retaliation against an employee requesting or using Domestic Violence \'ictims' Leave. 68.0 NEW MILITARY LEAVE - ----- �Fmrnatted: No Spacing • • Formatted: Font: 12 pt, Font color: Light Blue �r s • r . d s o• :Let - to o e le:v an r at, im • • ) - ill. • . Formatted: Font: 12 pt, Font color: Light Blue ) accordance with applicable federal and state laws and regulations. Employee Eligibility Employees who leave employment in "other than a temporary position" for the purposes of military training. service. or examination in the U.S. Armed Forces. National Guard. or Reserves will be granted a leave of absence for the period of the military service. training. or examination. Amouui of ',rime • An employee may be absent for up to five (5) years (cumulative or consecutive) for military duty and retain reemployment rights. • •The following leaves do not count toward the cumulative five (5) year limit: o Periodic and special Reserve training; • Vo .n , j or invol r • service rfo rz _ . ; -ti 99, ..o : _ rd i , mb , rs in time of emergency when Reserve Component members are being recalled; and o Service that is performed if the person is unable to obtain orders releasing them prior to the expiration of the five (5) year period and which was of no fault of their own. • Where is no time limit on the amount of time reservists spend in training. Leave With or Without Pay v- ill * n r.11 be i . Ho ve as e e •• - i oli i•s . or ,,' • agreements. employees will he permitted to substitute accrued vacation /PTO. floating holiday. or compensatory time. Employee's Responsibilities • .1n employee must give advance written or verbal notice to the City for any military service or training within five (5) business days of receiving official notice of an impending call or order to :v t of , V o . to !! .nt. �i ' it ., st. 1 hi . :d , t s o: • .s not required is "if the driving of such notice is precluded by military necessity or, under all of the relevant circumstances. the giving of such notice is otherwise impossible or unreasonable ". Examples include a classified recall of military personnel or when the employee cannot give notice due to failure of the phone system. mail system. or other means of delivering notice. • Employees must notify their supervisor of their desire to use paid leave and if so the order in which the leave will be designated. Failure to notify the supervisor will result in unpaid leave. • Veterans and reservists returning from active duty must notify the City within 90 days of release from duty. • Reservists and guardsmen returning from training must inform the City of the completion of their training obligations and report back at the "next regularly" scheduled working period. Verbal or written notification to the employee's supervisor will be acceptable forms of communication. City's Responsibilities legitimate requests for military leave will be granted by the City and an employee shall be considered on leave of absence for the period of military service. Coordination with O1herLeapes of Absence' • During a period of military conflict. an employee who is a spouse of a member of the Armed Forces of the United States. the National Guard, or the military reserve forces. who has been notified of: a) an impending call or order to active duty: or b) impending leave from deployment is entitled to a total of 14 days of unpaid leave per deployment before deployment and /or during leave from deployment. • Military family leave counts against an employee's general OFLA leave entitlement. • See Citywide Personnel Policies — Family and Medical Leaves of Absence for more details. •-• - - -- Formatted: Font: Times New Roman, Not Bold Formatted: Normal Formatted: Font: Not Bold A rncif ec 5 /Vdoi, AIS -385 Item #: 3. C. Business Meeting Date: 05/10/2011 Length (in minutes): Consent Item Agenda Title: Contract Award for Auditing Services 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 a contract with Talbot, Korvola, and Warwick (TKW) for auditing services? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board approve a five -year agreement with TKW of a one -year contract with up to four annual extensions. KEY FACTS AND INFORMATION SUMMARY ORS 297.425 requires the city to have a financial statement audit annually. The most recent audit service contract, with the audit firm of Grove, Mueller, and Swank, expired when the firm completed the fiscal year 2009 -10 financial statement audit. As a result, and in accordance with the City's Public Contracting Rules, staff issued a Request for Proposal for audit services in February of this year. Proposals were received from five firms prior to the due date of February 24, 2011 : • Talbot Korvola & Warwick, LLP • Merina & Company, LLP • Moss Adams, LLP • Pauly Rogers and Co, LLP • Grove, Mueller & Swank. A proposal review team reviewed and scored the proposals based upon the criteria detailed in the Request for Proposal and the top three firms: Talbot Korvola & Warwick, LLP, Moss Adams, LLP and Pauly Rogers and Co, LLP, were interviewed on March 30, 201 I. The firm receiving the most combined points between the proposal review and interview was Talbot Korvola & Warwick, LLP. Based upon this process staff has determined that Talbot Korvola & Warwick, LLP best meets the overall needs of the city and as such, received staffs recommendation for contract award. OTHER ALTERNATIVES The Local Contract Review Board could direct staff to hire a different firm or reissue the Request for Proposal. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS In addition to meeting legislative requirements, an annual audit gives council and citizens reasonable assurance that city staff is preparing accurate annual financial reports and has adequate internal controls over financial transactions. DATES OF PREVIOUS COUNCIL CONSIDERATION This contract has not been previously considered by council. Fiscal Impact Cost: $51,805 Budgeted (yes or no): Yes Where Budgeted (department /program): Finance /Financial Operations Additional Fiscal Notes: Talbot Korvola & Warwick submitted a five -year proposal that totals $259,845 over that five years. This includes the financial statement audit for the city, the financial statement audit for City Center Development Agency, and the federal grant audit required by the federal government. Attachments No file(s) attached. 4 7176k, AIS -490 S / q / �U ! Item #: 3. D. Business Meeting Date: 05/10/2011 Length (in minutes): Consent Item Agenda Title: Authorize the City Manager to Execute an intergovernmental Agreement with Washington County Regarding the Sunrise Property Purchase Prepared For: Steve Martin Submitted By: Steve Martin Public Works Item Type: Motion Requested Meeting Type: Consent Agenda ISSUE Should the Council authorize the City Manager to execute an intergovernmental agreement (IGA) with Washington County in which the County makes a $400,000 financial contribution to partially fund the Sunrise property purchase? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Council authorize the City Manager to execute the IGA. KEY FACTS AND INFORMATION SUMMARY • At the recommendation of the City's Park and Recreation Advisory Board, the City Council authorized the purchase of the Sunrise property on November 23, 2010. • The City has entered into a purchase and sale agreement with the Trust for Public Land (TPL), the organization that currently holds an option to purchase the property. • The purchase price for the 20 -acre property is $5 million. • Washington County has funds remaining from the 2006 Metro for Natural Areas Bond Measure Local Share Program, and the Sunrise property is within the County's target acquisition area. • The County has offered a $400,000 financial contribution to partially fund the property purchase. • The County's contribution is contingent upon execution of the attached IGA. • The IGA was reviewed by the City's real estate attorney. OTHER ALTERNATIVES The Council could chose not to enter into the 1GA and forgo the County's financial contribution. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2011 Tigard City Council Goal No. 3, "Complete Plans for Parkland Acquisition." DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this issue has come before the Council. Fiscal Impact Cost: 0 Budgeted (yes or no): N/A Where Budgeted (department /program): Not applicable Additional Fiscal Notes: The $5 million Sunrise property will be purchased with proceeds from park bonds. At this time, the purchase is not budgeted. Oregon budget law does not require bond funds to be budgeted in the fiscal year they are received; however, a supplemental budget is scheduled for a hearing on June 14, 2011 to consider budgeting the bond funds and the purchases in Fiscal Year 2010-11. By executing this IGA, Tigard will receive $400,000 in revenue from Washington County. The revenue will be used on the $5 million purchase of the Sunrise property, reducing the amount of bond proceeds used on the purchase. By partnering with Washington County, Tigard will save $400,000 in bond proceeds that can now be used to fund other park bond acquisitions and /or park development projects. The local share funds must be used for the stated purpose - the property will be used "for parks, open space, natural areas, or trails ". The other restrictions on the property are that facilities constructed are consistent with those same uses. As with the Park bond funds, there are some restrictions should the property be sold or transferred to a different entity, or used for a purpose other than for a park, open space, natural area, or trail. Attachments Washington County IGA INTERGOVERNMENTAL AGREEMENT FOR METRO GREENSPACES FUNDING CONTRIBUTION SUNRISE PROPERTY CITY OF TIGARD AND WASHINGTON COUNTY THIS AGREEMENT is made and entered into by and between WASHINGTON COUNTY, hereinafter referred to as "County "; and the CITY OF TIGARD, hereinafter referred to as "City." WITNESSETH RECITALS WHEREAS, the voters of Metro approved Ballot Measure 26 -80 on November 7, 2006, and that measure provided funds for natural areas, clean water, and to protect fish and wildlife, including funds to be expended by local parks providers for specified projects; and WHEREAS, the City of Tigard is a local parks provider; and WHEREAS, the City and County have each signed an Intergovernmental Agreement ( "IGA ") with Metro for Natural Areas Bond Measure Local Share Component (the "Local Share Program "), and the "Sunrise Property ", described in Exhibit "A" and shown on Exhibit "B" attached hereto, is located within one of the target acquisition areas included in the "Local Share Project List" of the Metro - County IGA; and WHEREAS, ORS 190.010 authorizes agencies to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has the authority to perform; and WHEREAS, City desires to acquire the Sunrise Property for purposes allowed under the Local Share Program through its own financial contribution and financial participation of County; and, WHEREAS, the County Board of Commissioners by County Minute Order 10 -335, dated October 19, 2010, has approved and authorized a financial contribution to acquisition by City of the Sunrise Property, using a portion of County's Local Share Program funds; 1 AGREEMENT NOW, THEREFORE, the premises being in general as stated in the foregoing recitals, and in consideration of the terms, conditions and covenants as set forth below, the parties hereto agree as follows: ARTICLE I - COUNTY OBLIGATIONS 1. County shall, upon execution of this Agreement, assign a liaison person to be responsible for coordination of this transaction with City. 2. Upon receipt of the notice from City described in Article 11.4 below, County shall sign and deliver to Metro a Requisition Certificate for Release of Funds, Natural Areas Bond Local Share ( "Certificate "), requesting release of funds in the amount of $400,000 from the County's Local Share Program funds to the City, for the purchase of the Sunrise Property. 3. County shall have no responsibility for the acquisition, management, control or use of the Sunrise Property and, upon closing shall have no legal interest in the Sunrise Property. Following completion of the County's obligations for signature and delivery of the Certificate, County shall have no further obligations under this Agreement. ARTICLE II - CITY OBLIGATIONS 1. On May 10, 2011 the Tigard City Council reviewed a draft of this Agreement and authorized the City Manager to execute the final Agreement. 2. City shall, upon execution of this Agreement, assign a liaison person to be responsible for coordination of this transaction with County. 3. City shall take all actions necessary to acquire the Sunrise Property, including securing funding, executing a real estate purchase agreement, closing the purchase, and recording a deed to the property. 4. City shall notify County's liaison in writing and by telephone that it has executed a purchase agreement for the Sunrise Property, has secured sufficient funds and funding commitments, and is prepared to close the purchase. The notice shall provide instructions to County as to the timing and location for delivery of the Certificate by County, including escrow arrangements. 5. In the event that the purchase of the Sunrise Property does not close within 180 days of the date of this Agreement, upon written request by County, City shall take all steps required to return or release County's funds provided herein to 2 Metro for reallocation to another allowed use. 6. City shall perform all obligations of the Metro -City IGA, including but not limited to execution of a Conservation Easement and using the Sunrise Property for the purposes allowed in the Metro -City IGA. In the event the City breaches its IGA with Metro, such action also will constitute a breach of this Agreement, and the County will have the legal right to enforce compliance by City with that IGA under the terms of this Agreement. 7. City shall use funds provided by County under this Agreement solely for the acquisition of the Sunrise Property. 8. Following acquisition of the Sunrise Property, the City shall be solely responsible for ownership, management, supervision and control of the Sunrise Property. This paragraph shall not limit the City's ability to transfer the Sunrise Property for park purposes to a park district or other public entity that assumes the continuing obligations of the Metro -City IGA and this Agreement. ARTICLE III - GENERAL PROVISIONS 1. LAWS OF OREGON The parties agree to abide by all applicable laws and regulations regarding the handling and expenditure of public funds. This Agreement shall be governed by the laws of the State of Oregon. 2. DEFAULT Either party shall be deemed to be in default if it fails to comply with any provision of this Agreement. City and County agree time is of the essence in the performance of any of the obligations within this Agreement. Complaining party shall provide the other party with written notice of default and allow thirty (30) days within which to cure the defect. 3. INDEMNIFICATION This Agreement is for the benefit of the parties only. Each party agrees to indemnify and hold the other harmless, to include their respective officers, employees, agents and representatives, from and against all claims, demands and causes of actions and suits of any kind or nature for personal injury, death or damage to property on account of or arising out of services performed, the omission of services or in any way resulting from the acts or omissions of the parties so indemnifying and /or its officers, employees, agents or representatives. Indemnification is subject to and shall not exceed the limits of liability of the Oregon 3 Tort Claims Act (ORS 30.260 through 30.300). 4. MODIFICATION OF AGREEMENT No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in specific instances and for the specific purpose given. 5. DISPUTE RESOLUTION In the event of a breach of this Agreement by either party, if the defaulting party fails to cure the breach within thirty (30) days after receiving notice of the breach from the non - defaulting party, the parties agree to use their best efforts to resolve any dispute arising out of this Agreement by mediation. If mediation is not successful within thirty (30) days of commencement, the parties are free to utilize any legal remedy they may have. 6. SEVERABILITY If any terms or provisions of this Agreement or the application thereof to any person or circumstance shall, to any extent, be determined by a court to be invalid or unenforceable, the remainder of this Agreement and the application of those terms and provisions shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 7. NONDISCRIMINATION No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of race, color, religion, gender, sexual orientation, national origin, disability, age or marital status. Any violation of this provision shall be considered a material defect and shall be grounds for cancellation, termination or suspension in whole or in part by the County. 8. INTEGRATION This Agreement includes the entire agreement of the parties and supersedes any prior discussions or agreements regarding the same subject. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. 4 9. EFFECT OF AGREEMENT This Agreement shall be effective upon execution by the parties, and shall continue in effect until all obligations have been performed. The City's obligations under Article 11.6, and the County's right to enforce those obligations, shall survive closing of the purchase of the Sunrise Property and conveyance to the City. 10. AMENDMENT OR EXTENSION This Agreement may be amended or extended by consent of the parties, subject to provisions of this Agreement. 11. CANCELLATION In the event circumstances occur which are beyond the control of the parties, and such circumstances make performance of a party's obligation impossible, then either party may cancel this Agreement upon ten (10) days written notice to the other party. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year hereinafter written. DONE AND DATED this day of , 2011. CITY OF TIGARD WASHINGTON COUNTY, OREGON By: City Manager Title: Date: Date: APPROVED AS TO FORM: Senior Assistant County Counsel 5 Exhibit "A" Real property in the County of Washington , State of Oregon, described as follows: BEING TRACTS OF LAND AS DESCRIBED IN THE FOLLOWING DOCUMENTS: 98- 070527, 2003- 020130, 2000- 061432, 2004- 107939, BOOK 1151, PAGE 113, 2004- 082311, 2004 - 082312, 2005- 27699, AND 97- 084282 ALL WASHINGTON COUNTY DEED RECORDS, SITUATED IN THE SOUTHEAST ONE - QUARTER OF SECTION 5, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN COUNTY OF WASHINGTON, STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NO. 97- 084282, WHICH BEARS NORTH 89° 50' 44" WEST, 571.41 FEET ALONG THE SOUTH UNE OF SECTION AND NORTH 00 °41'42" EAST, 211.00 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 5 BEING (MARKED WITH AN ALUMINUM DISC IN CONCRETE; THENCE ALONG A UNE 20.00 FEET NORTHERLY OF, AND PARALLEL WITH SAID SOUTH SECTION LINE NORTH 89° 50' 44" WEST, 212.90 FEET TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE SOUTH 00° 41' 42" WEST, 20.00 FEET TO SAID SOUTH SECTION LINE; THENCE ALONG SAID SOUTH SECTION UNE NORTH 89 50' 49" WEST, 233.64 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NO. 80- 019854; THENCE ALONG SAID EASTERLY LINE NORTH 00° 43' 00" EAST, 200.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT NORTH 89° 50' 44" WEST, 124.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE ALONG THE WESTERLY LINE OF SAID TRACT SOUTH 00° 43' 00" WEST, 180.00 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NO. 2004 - 107939, BEING 20.00 FEET NORTHERLY OF, WHEN MEASURED PERPENDICULAR TO SAID SECTION LINE; THENCE ALONG THE SOUTHERLY UNE OF SAID TRACT THE FOLLOWING THREE (3) CALLS; THENCE PARALLEL WITH SAID SECTION UNE NORTH 89° 50 14" WEST, 180.00 FEET; THENCE LEAVING SAID PARALLEL UNE, NORTH 00° 43' 00" EAST, 20.00 FEET; THENCE NORTH 89° 50' 44° WEST, 2133 FEET TO A POINT BEING 40.00 FEET NORTHERLY OF, WHEN MEASURED PERPENDICULAR TO SAID SECTION UNE; THENCE SOUTH 00° 93' 00" WEST, 40.00 FEET TO THE SOUTH SECTION LINE; THENCE ALONG SAID SOUTH SECTION UNE NORTH 89 50' 44 WEST, 107.00 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE EASTERLY UNE OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NO. 2002- 161976; THENCE ALONG THE EASTERLY LINE OF SAID TRACT NORTH OD° 41' 34" EAST, 240.00 FEET TO THE SOUTHERLY UNE OF THAT TRACT DESCRIBED IN DOCUMENT NO. 2002- 128525; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89° 50' 99" EAST, 92.89 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE ALONG THE EASTERLY ONES OF THOSE TRACTS DESCRIBED IN DOCUMENT N0. 2002 - 128525 AND DOCUMENT NO. 2005-131615 NORTH 00° 40' 00" EAST, 399.77 FEET TO THE SOUTHERLY LINE OF THAT TRACT DESCRIBED IN DOCUMENT NO. 2009 - 046173; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89° 46' 29" EAST, 8562 FEET TO THE SOUTHFAST CORNER THEREOF; THENCE ALONG THE EASTERLY UNE OF SAID TRACT, NORTH 0D° 43' 00" EAST, 161.39 FEET TO THE MOST NORTHERLY EAST CORNER THEREOF; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT NORTH 79° 30' 00" WEST, 243.12 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY UNE OF SUNRISE LANE (BEING 20.00 FROM THE CENTERUNE THEREOF, WHEN MEASURED PERPENDICULAR THERETO); THENCE ALONG SAID RIGHT - OF-WAY LINE THE FOLLOWING FOUR (4) CALLS: NORTH 14° 15' OS" WEST, 98.41 htEi; THENCE NORTH 17° 04' 55" EAST, 72.15 FEET; THENCE NORTH 43° 1]' 55" EAST, 116.47 FEET; THENCE NORTH 04° 35' 55" EAST, 84.20 FEET TO THE SOUTHWEST CORNER OF THAT TRACT DESCRIBED IN DOCUMENT N0. 95- 037734; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT SOUTH 89° 28' 42" EAST, 699.75 FEET TO THE NORTHWEST CORNER OF THAT TRACT DESCRIBED IN DOCUMENT NO. 2001 - 085039; THENCE ALONG THE WESTERLY UNE OF SAID TRACT THE FOLLOWING FIVE (5) COURSES: SOUTH 00° 41 42' WEST, 393.69 FEET; THENCE SOUTH 89° 50' 44" EAST, 100.00 FEET; THENCE 5011111 00° 41' 42" WEST, 480.00 FEET; THENCE SOUTH 89 50' 44" EAST, 112.90 FEET; THENCE SOUTH 00° 41' 42' WEST, 280.00 FEET TO SAID POINT OF BEGINNING. Fret Amencn Title 6 AIS -339 Item #: 4. Business Meeting Date: 05/10/2011 Length (in minutes): 45 Minutes Agenda Title: Public Hearing for City of Tigard Economic Opportunities Analysis Submitted By: Darren Wyss Community Development Item Type: Ordinance Meeting Type: Council Public Hearing - Legislative Business Meeting - Main ISSUE Shall Council approve the Planning Commission's recommendation (CPA201 1- 00002) to adopt the Tigard 2011 Economic Opportunities Analysis and amend the Tigard Comprehensive Plan Goal 9: Economic Development and the Tigard Comprehensive Plan Glossary? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the Planning Commission's recommendation (CPA201 I- 00002) to adopt the Tigard 2011 Economic Opportunities Analysis and amend the Tigard Comprehensive Plan Goal 9: Economic Development and the Tigard Comprehensive Plan Glossary. KEY FACTS AND INFORMATION SUMMARY The city of Tigard conducted an Economic Opportunities Analysis (EOA) as part of state required Periodic Review of its Comprehensive Plan. The completion of an EOA is a specific task in Tigard's Periodic Review work program. Tigard received grant funds from the Department of Land Conservation and Development (DLCD) for consultant assistance to complete this task. The EOA was developed in compliance with OAR 660, Division 9 (Goal 9), and is a technical study that compares the projected demand for industrial and other employment land to existing land supply. The process helps communities implement their local economic development objectives and informs implementation of economic development policies in the Comprehensive Plan. The Planning Commission acted as the advisory committee for the project, reviewing each task during the process to complete the EOA. The outcomes of the project include: I) An understanding of the characteristics of Tigard's employment lands and their adequacy to accommodate future economic activity; 2) proposed economic development policies and action measures as a basis to plan for a supply of appropriately zoned land necessary for existing businesses to expand and to accommodate future economic activities. The Planning Commission completed its final review of the staff proposed draft Tigard 2011 EOA at a public hearing on April 4, 2011 and voted unanimously to recommend its adoption along with amendments to Tigard's Comprehensive Plan Goal 9: Economic Development and Tigard Comprehensive Plan Glossary. The "land efficient" need scenario was recommended as appropriate for Tigard. This scenario would not require any rezoning of vacant property at this time. CPA201 1 -00002 also intended to adopt an expanded Tigard Town Center boundary by amending the definitions in the Tigard Comprehensive Plan Glossary and referring to maps maintained by Metro. This approach was discussed with Metro before including it in the staff proposal. Prior to the Planning Commission hearing, the Oregon Department of Transportation submitted a letter (see Exhibit C) questioning the validity of this approach. The Planning Commission found the content and purpose of the Tigard 2011 EOA and its compliance with OAR 660, Division 9 is not affected by whether this approach to modifying the Town Center boundary is valid. The Commission found the decision on the expanded boundary lies with Metro and suggested that staff secure a letter from Metro clarifying its position. Since the hearing, Metro has provided a letter (see Exhibit C) indicating that this approach is not sufficient. Staff has passed this letter on to the city attorney and anticipates that the issue will be discussed at the Council public hearing. OTHER ALTERNATIVES 1) Adopt the Tigard 201 1 EOA or Comprehensive Plan amendments with modifications 2) Not adopt the Tigard 2011 EOA or Comprehensive Plan amendments and remand one of both back to the Planning Commission for additional work COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS I. Implement Comprehensive Plan 2. Implement Downtown and Town Center Redevelopment Opportunities DATES OF PREVIOUS COUNCIL CONSIDERATION August 8, 2010 - Periodic Review Update February 15, 2011 - Economic Opportunities Analysis Briefing March 22, 2011 - Economic Opportunities Analysis Briefing Fiscal Impact Cost: See Below Budgeted (yes or no): Yes Where Budgeted (department /program): CD Dept. Additional Fiscal Notes: Approval of the Tigard 2011 Economic Opportunities Analysis does not have a direct cost to Tigard. The cost of performing the analysis is budgeted in the Community Development Department. The Oregon Department of Land Conservation and Development committed $35,000 from its Periodic Review Grant program to fund and Economic Opportunities Analysis. The City hired Cogan Owens Cogan to perform the work. The City is not required to provide matching funds, but provides in -kind contributions of staff time and materials to aid in completing the project. Attachments Attachment 1: Planning Commission Transmittal Memo Attachment 2: CPA20 1 1 -00002 Ordinance Exhibit A: Tigard 2011 EOA Exhibit B: Comn Plan amendments Fxhihit C: Staff Report and Findings Planning Commission Minutes - Anril 4.2011 Powerpoint Presentation AGENDA ITEM No. 4 Date: May 10, 2011 TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT TO ADOPT THE TIGARD 2011 ECONOMIC OPPORTUNITIES ANALYSIS CPA 2011 -00002 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 become part of the public record and is openly available to all members of the public. 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. Due to Time Constraints There is a Five - minute Time Limit on Testimony 1 /Adm /Cathy /CCSignup /l.cg. PH /decCPA2011 -00002 AGENDA ITEM No. 4 May 10, 2011 PLEASE PRINT 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 become pan of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. ,e /c/IA/2O $Elul! & / /157/ SA1 &' 7 , oe 1728 973.690.7077 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. , Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 1 a City of Tigard I GA, ;„ Memorandum To: Mayor Dirksen and City Council From: David Walsh, President, Tigard Planning Commission Re: Planning Commission Recommendation - CPA2011 -00002 Date: April 25, 2011 On Monday, April 4, 2011, the Tigard Planning Commission held a public hearing on the Tigard 2011 Economic Opportunities Analysis (CPA201 I- 00002), a city periodic review task, and made an unanimous recommendation that the Tigard City Council: 1. Adopt the Tigard 2011 Economic Opportunities Analysis as a component of Tigard Comprehensive Plan Goal 9: Economic Development; 2. Amend the current Tigard Comprehensive Plan Goal 9: Economic Development goals, policies, and recommended action measures; and 3. Amend Tigard Comprehensive Plan Glossary. The Commission acted as the advisory committee during the development of the EOA; reviewing and providing direction during a series of seven meetings. This thorough review, along with the professional assistance provided by the periodic review grant funds, allowed the Connnission to fomiulate an EOA that not only met the requirements of statewide planning goal 9, but the specific needs of the community. This includes an acknowledgement of the importance of the redevelopment of underutilized employment and industrial lands, the efficient use of vacant lands, and some actions that could be undertaken to improve the economic climate in Tigard. The Commission feels two particular recommended actions deserve some immediate consideration, but also understands the budgetary implications. These include: 1) monitoring local and regional development initiatives; and 2) explore an economic development marketing and incentives program targeting strategic business clusters. The Commission is interested in a continued dialogue on these recommended actions. The lone controversial component of CPA2011 -00002 was whether definitions in the glossary would suffice for adopting an expanded Tigard town center boundary. The Commission found this immaterial to the adoption and effectiveness of the EOA, which is the focus of the periodic review work task. Ultimately, the boundary decision lies with Metro and the definitions are valid either way. The Commission enjoyed the process to develop the Tigard 2011 Economic Opportunities Analysis and feels it will serve the community welt. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 11- AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2011 -00002 TO ADOPT THE TIGARD 2011 ECONOMIC OPPORTUNITIES ANALYSIS AND AMEND CURRENT TIGARD COMPREHENSIVE PLAN GOAL 9: ECONOMIC DEVELOPMENT AND AMEND TIGARD COMPREHENSIVE PLAN GLOSSARY. WHEREAS, Oregon Administrative Rule 660 Division 9 requires cities under State Periodic Review to complete an economic opportunities analysis; and WHEREAS, the city of Tigard is under State Periodic Review order; and WHEREAS, the Tigard City Council directed staff to complete an economic opportunities analysis to comply with Oregon Administrative Rule 660 Division 9; and WHEREAS, the city of Tigard was awarded grant monies from the Oregon Department of Land Conservation and Development to fund the Tigard 2011 Economic Opportunities Analysis, which required the inclusion of specific elements; and WHEREAS, the Tigard 2011 Economic Opportunities Analysis is consistent with Oregon Administrative Rule 660 Division 9; and WHEREAS, the city has proposed an amendment to the Tigard Comprehensive Plan by updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 9 and updating the Tigard Comprehensive Plan Glossary; and WHEREAS, thc Tigard Planning Commission held a public hearing, which was noticed in accordance with city standards, on April 4, 2011, and recommended approval of the proposed CPA 2011 -00002 by motion and with unanimous vote in support; and WHEREAS, on May 10, 2011, the Tigard City Council held a public hearing, which was noticed in accordance with city standards, to consider the Commission's recommendation on CPA 2011- 00002, hear public testimony, and apply applicable decision - malting criteria; and WHEREAS, on May 10, 2011, the Tigard City Council adopted CPA 2011 -00002 pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt CPA 2011 -00002 was based on the findings and conclusions found in Exhibit "C" and thc associated land use record which is incorporated herein by reference and is contained in land use file CPA 2011 - 00002. ORDINANCE No. 11- Page 1 NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: 'Tigard City Council adopts the 'Tigard 2011 Economic Opportunities Analysis (Exhibit "A ") as a component of Tigard Comprehensive Plan Goal 9: Economic Development. SECTION 2: Tigard Comprehensive Plan is amended to include new text and rescind existing text as shown in Exhibit "B ". SECTION 3: Tigard City Council adopts the findings and conclusions contained in Exhibit "C" in support of the Council's action and to be the legislative basis for this ordinance. 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. 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 font City Attorney ORDINANCE No. 11- Pagc 2 Exhibit A City of Tigard 2011 Economic Opportunities Analysis Planning Commission Recommended Draft Prepared By Cogan Owens Cogan, LLC FCS GROUP ACKNOWLEDGEMENTS Tigard City Council Craig Dirksen, Mayor Gretchen Buehner, Council President Marland I- lnderson Nick Wilson Mark Woodard Tigard Planning Commission /Advisory Committee David Walsh, President Tom Anderson, Vice President Margaret Doherty . Stuart Hasman Matthew Muldoon Karen Ryan Jason Rogers Donald Schmidt Richard Shavey Cogan Owens Cogan, LLC Kirstin Greene, AICP, Managing Principal Steve Faust, AICP, Senior Planner Ellie Fiore, AICP, Senior Planner FCS Group Todd Chase, AICP, Senior Economist City of Tigard Staff Ron Bunch, Community Development Director Susan Hartnett, AICP, Assistant Community Development Director Craig Prosser, City Manager Darren \Vyss, Senior Planner and Project Manager Sean Fancily, Redevelopment Project Manager TABLE OF CONTENTS Executive Summary —i Introduction — Economic Development Vision and Goals — 1 Economic Trends Analysis — 2 Business ClnstersAnalysis — 9 Targeted Business Clutters — 12 Sire Suitability Analysis (Land Demand) — 13 Inventory of Suitable Sites (Land Supply) —16 Slrorl -Tenn Land Snppl y Determnation —18 Assessment of Potential (Reconciliation of Demand and Supply) —19 S lrorl -Term Land Ned Determination — 19 Long -Tenn Land Need Determination — 19 Planning, Market, Cost and Risk Factors - 21 Implementation Policies and Action Measures — 22 Policies— 22 Recommended Action Measures — 23 Appendices A. Office Leasing Activity Summary, Mid -Year Report — 26 13. Industrial Leasing Activity, Mid -Year 2010 Report — 27 C. Analysis of Employment and Space Needs — 28 D. Analysis of Retail Inflow /Outflow — 32 E. Summary of •figard Employment Zones and Regulations — 33 F. Typical Site Requirements for Development Types — 37 G. Buildable Land Inventory -38 H. Redevelopment Land Inventory — 39 I. Summary of Stakeholder Interviews — 40 �. Map of Buildable Lands and Redevelopment /Refill Potential — 44 Executive Summary The City of Tigard has conducted an Economic Opportunities Analysis (EOA) as required by its Periodic Review work program to update its Comprehensive Plan. The City received grant funds from the Department of Land Conservation and Development (DLCD) for technical consultant assistance to complete this task. The EOA was developed in compliance with OAR 660 Division 9 (Statewide Planning Goal 9: Economic Development). The EOA is in -part a technically -based study that compares projected demand for land for industrial and other employment uses to the existing supply of such land. At the same tune, it provides economic development policies and actions consistent with emerging economic opportunities, market trends, and local vision Vision and Goals In March 2008, as part of a robust public'process, the City of Tigard updated the Economic Development chapter of its Comprehensive Plan. The chapter included the City's vision and goals for economic development to read: Vision The City shall have a strong and resilient local economy with a diverse portfolio of economic activity: retail, professional service and industrial jobs. G oals 1. Develop and maintain a strong, diversified and sustainable local economy. 2. Make Tigard a center and incubator for innovative businesses including those that focus on environmental sustainahility. 3. Make Tigard a prosperous and desirable place to live and do business. Demographic and Employment Trends Tigard has been increasing in population at a slower rate (1.3 %) than Washington County, but above Oregon and national growth rates. Tigard population is estimated to be 47,460 as of 2009, up from 42,260 residents in 2,000. Tigard currently is relatively "jobs rich" with a positive ratio of 2.3 jobs per household, which is well above the tri -county Metro regional average of 1.5 jobs per household. This is understandable given Tigard's concentration of regional employment centers, including Washington Square Mall, the "Tigard Triangle" employment area near the confluence of T -5 /Hwy. 217, and pockets of industrial uses along the I -Iwy. 217 corridor. Tigard also is home to a number of large retail employers at Washington Square Mall as well as several large high -tech manufacturing, construction contractors, professional, business operations, and state and local government operations. Regional commercial and industrial real estate brokers see Tigard as a well- defined submarket within the suburban Metro region. Tigard's office market is especially competitive within the inner southwest portion of the region. Additionally, various efforts are underway to make the Downtown Tigard area a more viable place to live and work. Target Industries In line with Tigard's vision and goals, and in consultation with the City Planning Commission, the consultant team and City staff recommend that the City focus on retaining and attracting a mix of existing and emerging business clusters that pay above average wages. This includes existing, established clusters such as: • Durable goods manufacturing (Includes metals and machinery) • Education (private and non - profits) Et)A - Planning Commission Recommended Draft • Financial services • Information (including software development) • Professional and technical services • Wholesale trade They also recommend that the City focus on emerging clusters, including health care and advanced technology (i.e., green energy) manufacturing and research operations. Tigard's Land Demand and Supply The consulting team prepared a range of land need forecasts including: efficient, medium, and high land needs scenarios. These scenarios all take into account the Metro employment forecasts, but assume varying levels of industrial development and redevelopment. As summarized in the table below, the land efficient need scenario assumes 48 acres of net new industrial vacant land demand, which is just below the estimated vacant industrial land supply of 50 acres. If the City chooses to pursue a more aggressive economic growth strategy that is consistent with the moderate or high land need scenario, the City would need to identify another 14 to 30 acres of vacant industrial land area to meet the level of industrial demand associated with adding another 1,059 to 1,324 industrial jobs. 20 -Year Industrial Demand Forecast and Vacant Land Supply, Tigard USB Efficient Land Moderate Land High Land Land Demand and Supply Need Need Scenario Need Scenario Scenario Demand for Vacant Industrial 48 64 80 Land Supply of Vacant Industrial 50 50 50 Land Land Surplus or (Deficit) 2 (14) (30) Existing Forecast of Preliminary Parcel Distribution, Unconstrained Parcel Size Surplus Efficient Land Need Forecast t Supply (tax Demand (tax lots) lots) (tax lots) 1 / Less than 1 acre 12 10 2 1 to 5 acres 5 5 0 5 to 10 acres 0 0 0 10 to 20 acres 2 2 0 20+ acres 0 0 0 Total 19 17 2 Notes: Tax lot demand forecast expected to meet or exceed supply in 20 years. Source: Based on findings included in demand and supply analysis. As shown in the table below, the land efficient needs scenario assumes 78 acres of net new commercial and mixed -use vacant land demand, which is just below the estimated vacant land supply of 86 acres. As with the industrial land needs, an economic growth strategy that is consistent with the moderate or E0A - Planning Commission Recommended Drill • li high land needs scenario would require the City to identify an additional 19 to 45 acres of vacant commercial and mixed -use land to meet the demand. Reconciliation of Long -term Land Demand and Supply Commercial and Mixed Use 20 -Year Land Use Forecast (gross buildable acres), Tigard USB Efficient Land Medium High Land Land Demand and Supply Need Scenario Land Need Need Scenario Scenario Demand for Vacant Commercial 78 105 131 Land Commercial Demand 51 68 85 Mixed -Use Demand 27 36 45 Supply of Vacant Commercial 86 86 86 Land Commercial Zoned Supply 46 46 46 Mixed -Use Zoned Supply 40 40 40 Land Surplus or (Deficit) 8 (19) (45) 'Preliminary Parcel Distribution, Existing.Supply Forecast of Surplus Efficient.Need Forecast (tax lots) Demand (tax lots) (tax lots) Less Than 1 acre 89 30 59 1 to 5 acres 14 14 0 5 to 10 acres 3 3 0 10 to 20 acres 0 0 0 20+ acres 0 0 0 Total 106 47 59 Source: FCS GROUP, based on findings included in demand and supply analysis. Recommendations In accordance with the proposed vision and goals, the consulting team and City staff recommends the City pursue the "efficient land need scenario ". The implications of this recommendation are that the City will focus a significant portion of future employment growth and high - density housing development in its Metro - designated Town Center (Downtown); Regional Center (Washington Square); High Capacity Transit Corridor (Hwy 99W); and the Tigard Triangle. More detailed information on employment trends and projections, and land needs and supply is found throughout the remainder of the document. Ii0A — Planning Commission Recommended Drafl iii INTRODUCTION The City of Tigard has conducted an Economic Opportunities Analysis (EOA) as required by its Periodic Review work program. The City received grant funds from the Department of Land Conservation and Development (DLCD) for technical consultant assistance to complete this task. The EOA was developed in compliance with OAR 660 Division 9 (Statewide Planning Goal 9: Economic Development) and is a technical study that compares projected demand for land for industrial and other employment uses to the existing supply of such land. The purpose of the EOA is to improve opportunities for Tigard to attract and maintain the type and quality of employment desired by its citizens, grow its economy, and maintain its quality of life. Goal 9 emphasizes the preservation and protection of vacant land for industrial and employment uses. This will happen by adopting policies that ensure an adequate supply of industrial and other employment lands within the City of Tigard. The Tigard Planning Commission acted as the advisory committee for the project, reviewing each task during the process to complete the EOA. The anticipated outcomes of the project are: 1. An understanding of the characteristics of Tigard's employment lands and their adequacy to accommodate future economic activity; 2. Updated economic developtent policies and action measures as a basis to plan for a supply of appropriately zoned land necessary for existing businesses to expand and to accommodate future economic activities. The six tasks reviewed by the Planning Commission included: 1. Economic Development Vision and Goals 2. Economic Trends Analysis 3. Site Suitability Analysis (Land Demand) 4. Inventory of 'Suitable Sites (Land Supply) 5. Assessment of Potential (Reconciliation of Demand and Supply) 6. Implementation Policies and Action Measures The process and findings of these tasks are outlined in detail throughout the remainder of the EOA. This includes examining key demographic and employment opportunities and trends to assess Tigard's economic development potential, projecting employment growth, and determining shore- and long- term demand for employment land. This demand is compared to an inventory of suitable commercial and industrial properties (supply) to assess the sufficiency of immediate and longer term (20 -year) supply of commercial and industrial employment land in the City's Urban Planning Area (UPA). Finally, economic development policies and action measures are recommended for inclusion in the Tigard Comprehensive Plan. ECONOMIC DEVELOPMENT VISION AND GOALS In March 2008, as part of a robust public process, the City of Tigard updated the Economic Development chapter of its Comprehensive Plan. The chapter included the City's vision and goals for economic development: FDA — Planning Commission Recommended Drall Vision The City shall have a strong and resilient local economy with a diverse portfolio of economic activity: retail, professional service and industrial jobs. Goals 1. Develop and maintain a strong, diversified and sustainable local economy. 2. Make Tigard a center and incubator for innovative businesses including those that focus on environmental sustainability. 3. Make Tigard a prosperous and desirable place to live and do business. Community Economic Development Objectives Community Economic Development Objectives were developed through interviews with City staff and a review of Tigard's economic development vision, goals and recommended action measures. These objectives were refined based on comments from the Planning Commission and the results of interviews with key stakeholders, including state and regional agencies, the Chamber of Commerce, Tigard Central Business District Association, and local employers and developers. • Encourage businesses that provide family -wage jobs to start -up, expand, or locate in Tigard. • Develop industry clusters, and preserve jobs, through the retention, expansion, and recruitment of industries that already have a presence in Tigard. • Promote well - designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands, • Ensure the City's land use and other regulatory practices are flexible and adaptive and that adequate public facilities and infrastructure exist to support a diverse and stable economic base. • Focus significant employment growth in Tigard's designated centers and corridors and support the development of efficient regional multi -modal transportation systems. • Limit the development of retail and service uses in Tigard's designated industrial areas to preserve the potential of these lands for industrial jobs. Support neighborhood commercial uses to meet smart growth goals. • Encourage businesses that are environmentally and economically sustainable. ECONOMIC TRENDS ANALYSIS The consultant team conducted an economic overview for the City of Tigard, including a review of national, state, regional, county, and local economic trend data and real estate market analysis of office, commercial retail, industrial, and public government space development for the Tigard Urban Service Boundary. The analysis focuses on the expected level of demand for new commercial, industrial, and public development and related gross buildable land needs over the next 20 years (2011 - 2031). Both the U.S. and Oregon economies are currently mired in the aftermath of a national economic recession that began in December 2007. The current economic slowdown is now the longest on record since the Great Depression; however, some economic expansion is beginning to occur. According to the U.S. Bureau of Economic Analysis, real Gross Domestic Product (GDP is the measure of value of all goods and services in the U.S.) increased at an annual rate of 3.7 percent during the first quarter of 2010, and increased by 2.4 percent during the second quarter of 2010. EGA - Planning Commission Recommended Dr:dt 2 Consumers are still very cautious as unemployment rates remain high and high levels of home foreclosures continue. Oregon posted a year -over -year overall job loss of 16,000 jobs between June 2009 and June 2010. At the same time, the state's unemployment rate decreased to 10.5 percent in June 2010, compared to 11.6 percent in June 2009. It should be noted that Oregon's employment levels have declined over the past year in spite of the drop in unemployment rate. This trend likely reflects a decline in the number of people who are actively seeking employment. The U.S. and Oregon economies are now poised for a slow economic recovery. The July 2010 survey of the National Association of Business Economists reported expectations of slow growth in GDP during the second half of 2010 in the U.S. as industry demand, profit margins, employment, capital spending and credit conditions improve. Despite job losses, population levels continue to increase in both Oregon and Tigard due to population migration patterns, increases in immigrant population levels and natural population increases. As indicated in Table 1, according to the Portland State University Population Research Center, the population in Tigard increased to 47,460 residents in 2009, up from 42,260 residents in 2000. The average annual growth rate (AAGR) for population in Tigard was 1.3% between 2000 and 2009, which was below the level of population growth recorded for Washington County, but above the Oregon and national growth rates. Table 1. Population Trends, 2000 to 2009 Annual 2000 2009 Change 2000 -2009 Tigard 42,260 47,460 1.3% Washington County 449,250 527,140 1.8% Oregon 3,421,399 3,823,465 1.2% USA 282,171,957 307,006,550 0.9% Source: Portland State University, Population Research Center. Metro (the regional government) has prepared forecasts for households and employment for all local jurisdictions in the Metro Urban Growth Planning Area. The most recently adopted Metro growth forecasts are referred to as the Metroscope Generation 2.3 model, and include a forecast period from 2005 to 2030. FCS GROUP extrapolated the Metro forecasts to year 2035 using Metro's forecasted growth rate from the 2005 -2030. While Metro is currently in the process of preparing updated growth forecasts for the region, the Metroscope Generation 2.3 forecasts are being used for this EOA since they are the only set of officially adopted forecasts at this time. As indicated in Table 2, the 2005 to 2035 forecasts anticipate that Tigard will add approximately 3,185 households and 24,167 jobs over the 25 -year period. The extrapolated 2035 Metro job forecasts shown in Table 2 are provided for informational purpose only. In light of the recent national economic recession that caused severe declines in Oregon employment (from 2007 through 2010 ), Metro's 2030 job forecast for Tigard is assumed to be achieved by year 2035 under the "medium forecast" scenario used in the Tigard EOA. As noted in Table 2, the Metro job growth forecasts reflect the fact that Tigard currently is relatively "jobs rich" with a positive ratio of 2.3 jobs per household, which is well above the tri- county Metro regional average of 1.5 jobs per household. This is no surprise given Tigard's concentration of regional employment centers, including Washington Square Mall, the "Tigard Triangle" employment area near the confluence of I -5 /Hwy. 217, and pockets of industrial uses along the Hwy. 217 corridor. EOA — Planning Conn iss ion Reconnncnded Drill 3 Table 2. Metro Growth Forecasts for Households and Employment, 2005 to 2035 Households Projected Projected. Avg. Change. Annual Change 2005 2030 2035 2005 -2035 ( %) Tigard 17,724 20,341 20,909 3,185 0.6% Clackamas County 140,415 241,821 269,594 129,179 2.2% Multnomah County 288,926 372,913 392,439 103,513 1.0% Washington County 189,925 272,998 293,545 103,620 1.5% Total 3 County 336,312 Region 619,266 887,732 955,578 1.5% Employment* Projected. Change Avg. Annual 2005 2030 2035 2005 -2035 C hange (%) Tigard 41,308 60,637 65,475 24,167 1.5% Clackamas County 145,581 251,286 280,273 134,692 2.2% Multnomah County 493,671 705,721 758,005 264,334 1.4% Washington County 269,660 450,970 499,820 230,160 2.1% Total 3 County 629,186 Region 908,912 1,407,977 1,538,098 1.8% Projected. Projected Tigard Jobs Per Household Ratio Tigard Capture of Capture of Region Jobs 2005 2030 2035 Region HHs Tigard 2.3 3.0 3.1 0.9% 3.8% Clackamas County 1.0 1.0 1.0 N/A N/A Multnomah County 1.7 1.9 1.9 N/A N/A Washington County 1.4 1.7 1.7 N/A N/A Total 3 County Region 1.5 1.6 1.6 N/A N/A Source: Metro adopted housing and employment growth forecasts, 2007; Metroscope Gen. 2.3; extrapolated to 2035 by FCS GROUP. *The extrapolated 2035 Metro job forecasts shown in Table 2 are provided for informational purpose only. In light of the recent national economic recession that caused severe declines in Oregon employment (from 2007 through 2010 ), Metro's 2030 job forecast for Tigard is assumed to be achieved by year 2035 under the "medium forecast" scenario used in the Tigard EOA. Washington Square Mall already functions as a regional commercial center that draws shoppers and patrons from over a 30 -mile radius. With 1,458,734 square feet (sf) of retail and entertainment space, the mall has five anchor stores including ]C Penny, Macy's, Nordstrom, Sears, and Dick's Sporting Goods and 170 specialty stores. The mall added 28 new stores and restaurants in 2005, along with a new multi -level parking structure. Tn addition to large retail employers, Tigard is also home to several large high -tech manufacturing, construction contractors, professional, business operations and state and local government operations. Table 3 provides a list of Tigard employers with more than 250 jobs per establishment. IiOA- Planning Co Recommended Droll 4 Table 3. Large Employers in Tigard with More Than 250 Employees, 2008 Firm Name. Specialty Employment Range Retail /Gen. Nordstrom Merchandise 500 - 999 Tigard - Tualatin School District Local Government 500 - 999 AEROTEK, Inc. Temp. Emp. Agency 250 - 499 City of Tigard Local Government 250 - 499 COSTCO Corp. Retail. Merchandise 250 - 499 Health Insurance Health Net Health Plan of Oregon Carrier 250 - 499 JC Penny Retail Merchandise 250 -499 MACYS Retail Merchandise 250 -499 Performance Contracting, Inc. Industrial Contractors 250 -499 PERS Headquarters Pension Fund Mgmt. 250 -499 Remedy Intelligent Staffing, Inc. Temp. Emp. Agency 250 - 499 Aero. & Tech. Part 250 - 499 Rockwell Collins Aerospace Mfg. STARPLEX Corp. Temp. Emp. Agency 250 - 499 Bldg. Interior Western Patricians, Inc. Contractors 250 -499 Source: Oregon Employment Department. According to regional commercial and industrial real estate brokers, Tigard is a well- defined submarket within the suburban Metro region. Tigard's office market is especially competitive within the inner southwest portion of the region, with businesses considering locations among several areas including Tigard; 217 Corridor /Beaverton; Kruse Way; Barbur Blvd /Capitol Hwy; Tualatin and Wilsonville. Recent office leasing market statistics indicate that office vacancy rates in the Metro region have been increasing since 2008 as many businesses have shed jobs and scaled back on required space needs. As indicated in Appendix A, negative absorption levels have been occurring during the first six months of the year, particularly in Class A Office space, where Tigard experienced a net loss of 13,097 sf during the first half of this year. As of July 1, 2010 Tigard had total Class A vacancy rates of 151,900 sf and another 66,000 sf in vacant Class B and C space. Tigard's Class B inventory has experienced positive absorption this year, with 12,800 sf of net absorption. Since July 2010, Tigard has recorded several positive lease transactions, which rank among the largest in the region, such as Bridgewell Resources (32,088 gsf); Comsys into the Lincoln Center; State Farm Mutual Insurance (23,712 gsf) into Fanno Creek Place; and CAN Insurance (17,843 gsf) into the Pacific Parkway Center. Industrial leasing activity and vacancy rates were also significantly impacted by the recent economic recession. As indicated in Appendix B, Tigard had approximately 170,000 sf of vacant flex space (13.4% vacancy rate), and 339,000 sf of vacant warehouse space (7.7% vacancy rate) as of July 1, 2010. EOA - Planning Counnis Recommended Drall 5 Overall industrial lease rates in the Tigard submarket averaged $7.68 per sf /year, and were among the highest in the Metro suburbs. The City of Tigard and the Oregon Department of Transportation (ODOT) are taking steps to enhance the Downtown Tigard area to make it a more viable place to live and work. At a cost of $12 trillion, intersection improvements along Pacific I- Iighway at Hall Blvd. and Greenburg Rd. are being paid for by ODOT, Washington County and the City of Tigard. This project is slated for completion by Spring 2011 and will include a third through -lane on the highway, turn lanes on side streets, an extended median, wider sidewalks, new bike lanes, improved pedestrian crossings, and wider corners for truck turning movements. This effort will also enhance access into and from Downtown Tigard. Tigard's recently completed Downtown Plan is setting the regulatory stage and establishing a new vision for renovating downtown. The vision is intended to be a 50 -year look at how the downtown could change into a "mixed -use urban village" with a wide range of housing and commercial opportunities that optimize natural features, such as Fanno Creek and Fanno Creek Park, transportation facilities, such as Pacific Hwy. and the Westside Express Commuter Rail system, and even light rail or bus rapid transit service to /from Portland. To estimate future development potential for Tigard employment, FCS GROUP evaluated the 10 -year employment growth forecasts prepared by the Oregon Employment Department for the Metro Tri- County region, and Metro growth forecasts for Tigard. As shown in Figure 1, the 10 -year job growth forecasts for the Metro Tri- County Region portend a positive trend towards job growth for all industry sectors, except federal government and the manufacturing sector. The sectors that are expected to grow the fastest in the Tri-County Metro Region include: educational and health services; professional and business services; leisure and hospitality; local government; retail; and wholesale trade. 1:0A — Planning Commission Recommended Droll 6 • Figure 1 Non -Farm Employment, Tri- County Metro Region, 2008 -2018 Forecast Local government 8,040 Stategovernment 1,890 Federal government (270) I Other services 2,210 Leisure and hospitality 10,590 Educational and health services 23,910 Professional and business services 19,780 Financial activities =I 2,730 Information 1 800 Transportation, warehousing, and utilities • 1,520 Retail trade 6,670 Wholesale trade 4,960 Manufacturing (2,270) Construction 1,090 Natural resources and mining 1,190 Source: Oregon Employment Department includes Multnomah, Washington and Clackamas Counties. To estimate future development potential for Tigard, FCS GROUP evaluated the 10 -year employment growth forecasts prepared by the Oregon Employment Department as well as the extrapolated employment growth forecasts from Metro. In light of the recent national economic recession that caused severe declines in Oregon employment (from 2007 through 2010), Metro's 2030 job forecast for Tigard is assumed to be achieved by year 2035 under the "medium forecast" scenario. As indicated in Appendix C, the 20 -year job growth forecasts for Tigard indicate a more positive trend towards job growth for all industry sectors. According to Metro (and FCS GROUP interpretation of Metro data), the general sectors that are expected to grow the fastest in Tigard over the next 20 years include: services (+10,092 jobs); retail ( +3,810 jobs), industrial /other ( +1,324 jobs), and government ( +882 jobs). The job growth projections indicate that Tigard should expect to experience significant redevelopment opportunities over the next 20- years. A range in employment forecasts is provided to take into account current weak market conditions and national economic expectations that expect lower -rates of job growth over the next several years. As indicated in Table 4, there is a great level of uncertainty EOA — Planning Commission Recommended Draft 7 regarding potential job growth for Tigard in light of weak regional and national employment growth predictions. Table 4. Forecasted 20 -Year Employment Growth and Building Space Needs in Tigard Employment Growth Forecast Slow Moderate High Retail Trades 2,286 3,048 3,810 Services 6,055 8,073 10,092 Industrial /Other* 794 1,059 1,324 Government* 529 706 882 Total 9,665 12,886 16,108 Notes: See supporting analysis in Appendix C. *Metro employment growth forecasts for "Other" were allocated to 60% industrial /other and 40% government by FCS GROUP based on local observations and assumptions. Tigard is expected to add between 9,665 and 16,108 new jobs over the next 20 years. As indicated in Table 5, this amount of employment growth translates into approximately 4.2 to 7.1 million of new or renovated building square footage (floor area). Table 5. Forecasted 20 -Year Total Buildinc Space Needs in Tigard for Employment Employment Type Slow Moderate High Office 1,499,000 1,998,000 2,497,000 Institutional 170,000 227,000 285,000 Flex /Business Park 451,000 602,000 752,000 General Industrial 257,000 342,000 428,000 Warehouse 374,000 499,000 624,000 Retail 1,498,000 1,997,000 2,497,000 Total 4,249,000 5,665,000 7,083,000 Notes: See supporting analysis in Appendix C. Source: FCS GROUP. A large portion of this demand will need to be met by redevelopment and utilization of vacant buildings since large vacant undeveloped tracts of land are becoming increasingly scarce. It is estimated that redevelopment and utilization of vacant buildings is expected to accommodate 70% of the retail space demand, 50% of the service /office demand, 40% of the industrial demand, and 40% of the governtnent facilities demand. Table 6 shows the expected level of redevelopment and refill in the "Tigard USB over the ncxt 20 years. As the existing vacant land supply in Tigard gets developed, the level of redevelopment activity is expected to rise. Prime redevelopment locations in Tigard include Downtown and the Tigard Triangle, and future planned high capacity transit stations along Pacific Hwy. The City's Downtown Plan envisions 2,500 dwelling units and over one million square feet of commercial office and retail space being added over the next few decades. 80A - Planning Conmiission Recommended Droll 8 Table 6. Redevelopment and Refill Assumptions (2011 to 2031) Tigard USB Employment Type Slow Moderate High Office 1,004,000 1,339,000 1,673,000 Institutional 114,000 152,000 191,000 Flex /Business Park 203,000 271,000 338,000 General Industrial 116,000 154,000 193,000 Warehouse 168,000 225,000 281,000 Retail 899,000 1,198,000 1,498,000 Total 2,504,000 3,339,000 4,174,000 Source: FCS GROUP; derived from Appendix 0 based primarily on Metro 2009 -2035 Urban Growth Report (December 2009 draft) and local assumptions. After accounting for the levels of redevelopment activity identified in Table 6, the amount of vacant land demand in Tigard for employment uses over the next 20 -years is expected to range from 126 to 210 acres. Preliminary estimates for vacant lands needs in Tigard by general building type are provided in Table 7, and supporting assumptions are reflected in Appendix D and Appendix E. Table 7. Vacant Land Needs by General Land Use Zoning Classification (2011 to 2031) Tigard USB (gross buildable acres) Land Use Zoning Classification Slow Moderate High Commercial 51 68 85 Mixed Use 27 36 45 Industrial 48 64 80 Total 126 168 210 Source: FCS GROUP; derived from Appendix 0 based primarily on Metro 2009- 2035 Urban Growth Report (December 2009 draft) and local assumptions. To help validate these assumptions, FCS GROUP conducted an additional analysis of retail sales inflow /outflow within Tigard. The retail analysis provided in Appendix D indicates that the amount of local retail trade in Tigard over the next 20 years could support an additional 1.4 million square feet of redevelopment or new development activity, even if current levels of retail sales inflow were cut by 50 %. Hence, it appears that the "slow" or "land efficient" vacant land demand scenario is the best match with respect to the retail market potential for the Tigard USB. The actual amount and timing of new development will vary from year to year. The wide range in development forecasts reflects current uncertainty regarding the region's ability to retain and attract major employers, the City's desire to stimulate redevelopment in downtown, and limited ability to accommodate new commercial and industrial development on vacant lands. IiOA — Planning Commission Recommended Draft 9 Business Clusters Analysis It is a widely accepted theory among economic development professionals that "business clusters" are the primary force driving local economic currents and business location decisions. Clusters of business activity go well beyond mere concentrations of industry or employment types. They represent unique competitive market advantages with regard to employment, work force, creativity, entrepreneurship, business costs, and supporting natural resources. The clusters analysis prepared by FCS Group is intended to identify potential employment sectors that are most compatible with local economic policy objectives. The process entailed: 1. Obtaining Employment Security (ES202) wage and salary employment data from the Oregon Employment Department (OED) for the Tigard Urban Service Boundary (USB), Washington County, Multnomah County and Clackamas County (tri- county region) for the year 2008. 2. Conducting a location - quotient (LQ) analysis to evaluate business and industrial clusters in the Tigard UGB relative to the tri- county region. 3. Evaluating business clusters within the Tigard UGB with regard to the LQ, projected growth rates, economic size of each cluster, and average wage rates. 4. Classifying each business cluster with regard to one of four classifications, including: I. STARS: Businesses with large LQ (propensity to locate in the Tigard USB) and higher than average projected growth rate compared to the tri -county region. II. EMERGING: Businesses with small LQ and high average growth rate (possible pent up demand or competitive market disadvantage relative to other locations). III. MATURE: Businesses with large LQ but lower than average growth rate. IV. CHALLENGED: Businesses with small LQ and lower than average growth rate. The business cluster analysis summarized in Figure 2 identifies the business sectors within the Tigard USB by their LQ, size and growth potential. Each sector has been analyzed by their North American Industrial Classification System (NAICS) code. This code is used by the federal government to classify types of businesses for tax accounting and economic research purposes. The data was derived from the OED ES202 wage and salary employment statistics for the year ending in 2008. 80A - Planning Commission Recommended Drali 10 Figure 2 Existing Business Clusters in Tigard USB, 2008 27% Emerging: (High Growth/ Stara Ith Care 26% Small Cluster) (High Growth! - P rof. & Tech. Loge Ckater) 23% 21% 19% Etiewsikesa9 Sande= 17% Prof. Admin. & & Ro5. • 13% H irrade 3/4 t E • - • emment Average 10 Miscareigss • - stall Trade Job Growth = 1O% 7% co Info a% 0 • • Lodging Tra & Warehousing • 3% ui Activities 1% 3% r, • a Computed. • Nondurable Mfg. - .6% 9% -11% _Tionspoit Equip. -16 hallenged: Mature: (Low Growth/ (Low Growth/ Small Cluster) Large Cluster) Note: X-axis denotes the Location Quotient (LQ) average set at I. All sectors to right of the yellow line have an LQ greater than 1; all sectors to the left of the yellow line have an LQ less than 1. Source: Oregon Employment Department; data compiled by FCS GROUP. The clusters analysis classifies the existing business sectors in the Tigard USB into four general categories: Industry Sectors with Large LQ/High Growth Potential ("Stars") • Educational Services (private or non-profit) • Professional and Technical Services • Professional Administration and Waste Management Services • Wholesale Trade EOA — Planning Commission Recommended Drafl 1 1 Industry Sectors with Small LQ /High Growth Potential ( "Emerging ") • Health Care and Social Services • Food Service and Drinking Places • Arts, Entertainment and Recreation Industry Sectors with Large LQ /Low Growth Potential ( "Mature ") • Retail Trade • information Services • Financial Activities and Services • Construction • Nondurable Goods Manufacturing Industry Sectors with Small LQ /Low Growth Potential ( "Challenged ") • Transportation, and Warehousing • Miscellaneous Services • Metals Manufacturing • Computer Parts and Equipment Manufacturing • Lodging • Transportation Equipment Manufacturing • Government In addition to evaluating existing local business clusters, the City may also consider the expected regional growth in business sectors and emerging clusters. According to the Oregon Employment Department, the job sectors with the highest potential for new growth in the greater Portland metropolitan region include: • Business administration and waste management • Finance and insurance • Health care • Hotel /motel accommodations and food services • Professional • Retail trade • Scientific and technical service (computer science, engineering) • State and local government • 'Transportation and utilities (warehousing, distribution and energy research, private utilities) • Wholesale trade' While manufacturing of durable goods does not make the list of the top growth sectors, there are certain subsectors within manufacturing that are growing faster than others. The manufacturing sectors with the greatest net new job growth potential in the greater Portland metropolitan region include: computer - related parts manufacturing, transportation equipment, other miscellaneous durable goods (such as solar panels), and miscellaneous non - durable goods (such as apparel research and design). 1 These emerging business clusters are documented in the Regional Wired Workforce Innovation and Regional Economic Development, Global Development Strategy, prepared by FCS GROUP et al, 2008. EOA— Planning Commission Recommended Draft 12 The greater Portland metropolitan region is now considered an epicenter within the United States for sustainable technology. According to Global Insight, the greater Portland metropolitan region employs 6,700 people in "green jobs" which is more than Denver, Austin, Seattle and San Jose. The number of workers in green jobs (such as solar panel manufacturing, wind energy, bio energy research and manufacturing) is expected to increase to 53,000 over the next two decades. Portland General Electric and Pacific Power are ranked in the top three among the nation's top utility companies for Green Energy sales, and the greater Portland region has more LEED- certified buildings than any other U.S. metropolitan area. With the Portland metropolitan region, recent federal and state tax policies have helped spur major investments in green technology and energy by firms such as: SolarWorld, SunEdison, Vestas and Portland General Electric— creating a major new industrial cluster in clean technology. Additional investments in advanced manufacturing are being made by Intel, Flir Systems (producer of night vision and thermal imaging systems), Precision Castparts (maker of parts used in Vestas wind turbines, Boeing aircraft and other products), Genentech, and other firms. These are examples of manufacturing companies that are finding success within the greater Portland metropolitan region, even in challenging economic times. Focused marketing and business recruitment efforts are being made by the State of Oregon and regional economic development stakeholders to attract certain established and emerging business clusters. The business and industry clusters that are currently being targeted by the Oregon Business Development Department, Portland Business Alliance and the Portland Development Commission include advanced manufacturing, clean technology (with sustainability sub - clusters in green building, solar & wind power), active wear /outdoor gear, and software. Targeted Business Clusters According to its Community Economic Development Objectives, the City of Tigard may target businesses that generally offer above average wages and provide health care and retirement benefits that support families. According to the U.S. Bureau of Labor Statistics, the occupations that had the fastest growth and highest pay over the past 10 years nationally included: computer systems analysts, registered nurses, computer support specialists, teachers, social workers, college faculty, computer programmers, engineering sciences, police officers, securities and financial services, physicians, advertising, marketing, management analysts, electrical engineers, paralegals, writers /editors, commercial artists, medical and health service managers. It is interesting to note that almost two- thirds of the jobs filled in these fast growing occupations required some level of on -the -job training in addition to high school and a college degree.' In light of these findings, the consultant team and City staff recommend that Tigard focus on retaining and attracting a mix of existing and emerging business clusters that pay above average wages. This includes existing, established clusters, such as durable goods manufacturing (includes metals and machinery), education (private and non- profits), financial services, information (including software development), professional and technical services, and wholesale trade. They also recommend that the City focus on emerging clusters, including health care and advanced technology (i.e., green energy) manufacturing and research operations. As indicated in Table 8, these recommended business clusters (with the exception of educational services) pay above average wage rates. 2 Based on findings contained in publications provided by JIST Works, including the Occupational Outlook Handbook, 2008 -2009; and America's Fastest Growing Jobs by Michael Farr. EOA — Planning Commission Recommended Drall 13 Table 8. Summary of Existing Businesses in Tigard USB, 2008 Number Average Average of Entities Employment Annual Pay Total Private 2,914 41,032 $43,542 Natural resources and mining 6 21 $38,742 Construction 272 3,329 $56,080 Manufacturing 117 2,743 $54,300 Durable goods 53 1,814 $58,229 Metals and machinery manufacturing 36 897 $51,425 Computer and electronic product mfg. 15 774 $65,308 Transportation equipment manufacturing 2 143 $62,594 Nondurable goods 64 929 $46,628 Trade, transportation, and utilities 704 1 1,375 $36,742 Wholesale trade 333 2,987 $64,284 Retail trade 329 7,621 $25,407 Transportation, warehousing, and utilities 42 767 $42,1 14 Information 69 1,206 $66,469 Financial services 405 5,037 $58,459 Professional and business services 638 8,146 $45,971 Professional and technical services 449 3,858 $62,851 Administrative and waste services 189 4,288 $30,784 Educational and health services 269 5,037 $38,133 Educational services 55 2,912 $36,384 Health care and social assistance 214 2,125 $40,531 Leisure and hospitality 204 3,018 $16,579 Arts, entertainment, and recreation 23 184 $16,241 Accommodations and food services 181 2,834 $16,601 Accommodations 10 131 $20,072 Food services and drinking places 171 2,703 $16,433 Other services 230 1,120 $36,618 Government 5 390 $49,275 Total 2,919 41,422 $43,596 Notes: Shading indicates targeted business cluster. Source: Oregon Employment Department, 2008. Average payroll reflects Washington and Multnomah counties. SITE SUITABILITY ANALYSIS (LAND DEMAND) The majority of the targeted businesses that consider expanding or relocating into Tigard will consist of small business operations (less than 50 employees) that can locate within existing professional office or rOA - Planning Commission Recommended Drall 1-1 industrial buildings, or within new office or flex /industrial buildings that are developed on vacant sites of less than five acres in size. It is also likely that there will be larger potential business and high -tech industrial operations that consider Tigard as a potential location for new campus -style developments. Certain opportunities may emerge as regional businesses expand and desire to remain within the tri-county region. Other opportunities may occur as global and national businesses desire to establish a presence in the Pacific Northwest. In any event, it is likely that Tigard could attract three to four large professional service, health care, education, and /or high tech industrial businesses over the next 20 years. As indicated in Table 9, Tigard is already home to 41 large private business operations (with between 70 -250 employees). Tigard could continue to retain and attract large businesses if adequate sites are available. These types of large private operations usually require surplus adjacent land areas to accommodate future business expansion. Table 9. Existing Private Businesses by Size Class, Tigard USB, 2008 Total Large SmaII /Medium Sector Establishments Establishments Establishments Number Jobs Number Jobs Number Jobs Natural resources and mining 6 21 -- -- 6 21 Construction 272 3,329 4 571 268 2,758 Manufacturing 117 2,743 10 1,300 107 1,443 Durable goods 53 1,814 10 1,300 43 514 Nondurable goods 64 929 -- -- 64 929 Trade, transport., utilities & 704 11,375 20 3,997 684 7,378 communications Wholesale trade 333 2,987 1 125 332 2,862 Retail trade 329 7,621 16 3,517 313 4,104 Transport., warehousing and 42 767 3 355 39 412 communications Information 69 1,206 2 376 67 830 Financial, professional & tech. 1,043 13,183 4 1,426 1,039 11,757 services Educational and health services 269 5,037 -- -- 269 5,037 Educational services 55 2,912 -- -- 55 2,912 Health care and soda! 214 2,125 -- 214 2,125 assistance Leisure and hospitality 204 3,018 -- -- 204 3,018 Arts, entertainment, and 23 184 -- -- 23 184 recreation Accommodations and food 181 2,834 -- 181 2,834 services Other services 230 1,120 1 99 229 1,021 Total 2,914 41,032 41 7,769 2,873 33,263 Notes: green shading indicates targeted business cluster. Source: Oregon Employment Depanment, 2008. Note: large establishments are those with al least 70 employees. 1(s \ - 1'lannina i'„ liw. <i0m P.,.0 1!l rule/ Drs11 15 The consultant /staff team recommends that Tigard provide a variety of small, medium and large vacant sites that meet the targeted business and industrial requirements. As indicated in Table 10, the existing businesses within Tigard can generally be grouped into three general land use categories: industrial, commercial and office. Table 10. Existing Private Businesses by Size Class and General Land Use or Building Type, Tigard USB, 2008 Primary Land Total Entities Large Entities4 Small /Medium Use /Building Type Entities Firms Jobs Firms Jobs Firms Jobs Industrial 770 9,847 18 2,351 752 7,496 Commercial 763 11,759 17 3,616 746 8,143 Office 3 1,381 19,426 6 1,802 1,375 17,624 Total 2,914 41,032 41 7,769 2,873 33,263 Notes: ' Reflects natural resources, construction, manufacturing, wholesale trade, transportation, warehousing, utilities, and communications sectors. 2 Reflects retail trades, lodging, accommodations, and misc. service sectors. 3 Reflects information, financial, professional and technical service, health care and educational service sectors. d Large establishments reflect establishments with at least 70 employees. Source: Oregon Employment Department, 2008. Compiled by FCS GROUP. Most small and medium business establishments prefer to lease space in office or commercial buildings, and /or could locate into redevelopment sites in downtown or in selected redevelopment locations (e.g., near planned high capacity transit stations or widen the Tigard Triangle). No special vacant land requirements are identified for future small or medium businesses. However, the City should pursue more proactive redevelopment strategies to accoimnodate small and medium sized businesses. Larger business establishments that are included within the targeted business clusters will likely have minimum site size and infrastructure service requirements. Typical site requirements for the larger targeted business sectors are described in Table 11 and described in more detail in Appendix F. Based on the site requirements described in Table 11 and Appendix F, the recommended targeted business clusters will need sites ranging from one to twenty-five acres, with a majority of the need falling in the five to ten -acre range. EOA— Planning Commission Recommended Draft I6 Table 11. Typical Site Size Requirements for Tart eted Business Types Small Users Medium Users Large Users Less than .50 jobs 50 to 70 jobs 70 to 200+ jobs per business per business per business Industrial Building tenants or 4 to 6 acres per user 6 to 20 acres per • Advanced Technology nfill user Manufacturing redevelopment Prefers industrial or • Metals /Machinery sites in established business park Prefers industrial or Manufacturing business park industrial locations settings • Wholesale Trade campus settings Office Building tenants or 2 to 4 acres per • Education infill 1 to 2 acres per user user* • Professional and redevelopment Technology. Services sites in town Prefers town center, Prefers business • Information center, regional corridors or transit park campus • Financial Services center, or transit station areas setting with transit • Health Care* station areas service Retail Not in Targeted Clusters Notes: Assumes site development requirements shown in Appendix F. *Larger medical facility campus could require 15 to 30 acres. INVENTORY OF SUITABLE SITES (LAND SUPPLY) Consistent with the employment land demand forecast, the buildable land inventory (BU) for the Tigard EOA documents industrial and commercial inventory that currently exists within the Tigard Urban Planning Area (UPA). This analysis documents existing land use inventories and compares industrial and commercial land use needs required for addressing the slow, moderate and high growth forecast scenarios. Employment Land Inventory The Tigard EOt\ includes a recent buildable land inventory completed by the City of Tigard Planning staff using Geographic Information Systems (GIS) data that is consistent with the current Draft 2009- 2035 Urban Growth Report (accepted by Metro Council in December 2009). The City's BLI included an analysis of existing vacant and partially vacant (sub - dividable) tax lots by current zoning classification and deducted all significant environmental constraints to estimate buildable land area within the Tigard USB. The land supply analysis focused on the land use classifications that support employment uses, including commercial, mixed -use, and industrial zones. The City has 10 commercial zones to account for a wide variety of uses ranging from retail to medical centers to mixed use centers. Tigard has three zones which accommodate industrial uses. Please refer to Appendix E for a detailed description of the allowed, conditional, and permitted uses within each of the City's zone classifications. The buildable land area for each tax lot was derived by analyzing GIS data pertaining to environmental features that would constrain the amount of potential site development on vacant and partially vacant areas. For purposes of this analysis, the environmental constraints were calculated for each site using EOA — Planning Commission Recommended Draft 17 estimates for land area that is constrained by the following: Metro Title 3 designation (waterways wetlands, riparian buffers, 100 year floodplain). The vacant and partially vacant land inventory for the Tigard UPA includes 125 tax lots with a total buildable land area of 136.1 acres, as indicated in Table 12. Tigard's vacant land supply primarily consists of small (less than one acre) tax lots and tax lots between one and five acres in size. As indicated in Table 12, the tax lots of less than five acres in size comprise 79.3 acres or nearly sixty percent of the total vacant land supply. The larger tax lots include three lots of five to ten acres (22.1 acres total), and two contiguous tax lots more than ten acres in size (34.7 acres total). Please refer to Appendix G for additional detail. Table 12. Distribution of Vacant and Part Vacant Lands by General Land Use Zone Classification, Tigard USB Vacant and Partially Vacant Property < 1 acre 1 to 5 acres 5 to 10 acres > 10 acres Total Lots Acres Lots Acres Lots - Acres Lots Acres Lots Acres Commercial 26 9.5 8 20.2 2 16.4 0 0 36 46.1 Mixed Use 63 25.3 6 8.9 1 5.7 0 0.0 70 39.9 Industrial 12 4.2 5 11.2 0 0.0 2 34.7 19 50.1 Total 101 39.0 19 40.3 3 22.1 2 34.7 125 136.1 Source: City of Tigard. As mentioned in the Site Suitability Analysis, the recommended targeted business clusters will need sites ranging from one to twenty -five acres to expand or locate within the Tigard UPA, with a majority- of the need falling in the five to ten -acre range. The City appears to have a range of sites available to accommodate the targeted business clusters. However redevelopment sites may be needed to accommodate development needing five to ten -acre parcels. In light of the importance of redevelopment to the City's ability to grow and diversify its economic base, the City and consultant team also evaluated the relative level of high, medium and low redevelopment potential for each developed tax lot in the Tigard UPA. While this is not a stated requirement within OAR 660, Division 9, it is considered an important factor in deciding which land use growth scenario to target. The analysis of redevelopment opportunities is based on the ratio of assessed improvement value to land value for each tax lot using 2010 Washington County Assessor data. The results provided in Table 13 indicate that there are significant amounts of high and moderate redevelopment potential within the Tigard USB. The redevelopment analysis identifies 169 tax lots with a total of 115.6 acres as having "high" redevelopment potential, and 180 tax lots with 166.6 acres as having "moderate" redevelopment potential. OA- Planning (commission Recommended Drift 18 Table 13. Analysis of Redevelopment Tax Lots by General Land Use Zone Classification, Tigard USB City of Tigard Redevelopable Potential (Improvement to Land Value)* High (< 0.33) Moderate Lout, (> 1.00) (0.33 to 1.00) Lots Acres Lots Acres Lots Acres Commercial 19 7.2 31 17.8 199 299.8 Mixed Use 132 81.4 124 89.9 232 344.3 Industrial 18 27.0 25 58.8 146 437.9 Total 169 115.6 180 166.6 577 1,082.0 Notes: l Improvement to Land Value calculated from Washington County Tax Assessor data /Sept 2010). 2 196 Properties contained a zero Improvement or Land Value and are not represented here. Source: City of Tigard. Short -Term Land Supply Determination In addition to the long -term land supply, OAR 660 - 009 -0005 also requires the identification of a short - term supply of land meaning "suitable land that is ready for construction within one year of an application of a building permit or request for a service extension." OAR 660- 009 -0025 also requires that cities must provide "at least 25 percent of the total land supply within the urban growth boundary designated for industrial and other employment uses as short -term supply." In Tigard's case, all of the land supply currently included within the Tigard UPA is deemed by the City to be within the short-term supply category. I- Ience, there are existing roads, water, sewer, and other infrastructure facilities that are sized appropriately to handle some level of new development on the remaining vacant tax lots. One issue the City has been dealing with is that of highway capacity. This will continue to be an issue until a regional solution is found. This constraint was the cause of a maximum floor -to -area ratio of 0.4 being applied to the Tigard Triangle when a portion of it was rezoned to mixed -use employment. This severely limits the ability to maximize the development potential of available sites. It also causes proposed developments to provide mitigating measures when it is determined the increased vehicle trips will not meet ODOT performance measures. This can be financially constraining to a project if additional lanes, medians, or intersection improvements are required to be paid for by the development. Additionally, the Transportation Planning Rule (OAR 660 -12 -0600) and related ODOT performance standards for the state highways have presented a barrier to Tigard achieving its aspirations. This includes amending existing zoning to allow higher density developments that are consistent with the Region 2040 land use designations. The TPR requires an amendment to an adopted plan not cause an affected roadway to fail to meet performance standards, or if the forecast roadway operations are already failing to meet performance standards, the plan amendment must not further degrade performance. This is a known issue in Downtown, Washington Square Regional Center, along Pacific Highway, and in the Tigard Triangle, and may also arise in other areas near state highways or freeway interchanges. These issues are being addressed at the state and regional levels and could be somewhat mitigated as the City, Metro, and ODOT work to develop alternative performance standards through a corridor L()A - Planning ('0111111 on Recommended Draft 19 refinement plan for Pacific Highway. The Pacific Highway corridor is also being studied for potential high - capacity transit service in the future. The presence of high- capacity transit could also alleviate some of the issues associated with ODOT performance measures by allowing new development to allocate additional trips to transit and reduce automobile trip demand. Strategies to promote transit - oriented development and address ODOT capacity issues are recommended as part of the implementation plan policies for the Tigard EOA. ASSESSMENT OF POTENTIAL (RECONCILIATION OF DEMAND AND SUPPLY) Short -Term Land Need Determination Commercial and industrial properties appear to clearly meet the statutory requirements for short -tern land supply, as all of the long -term land supply can be classified as short -term as well as long -term supply. Industrial and commercial properties appear to be well served with adequate infrastructure, and there is an abundant supply of vacant industrial, office and retail building floor area being actively marketed in the Tigard USE today. Long -Term Land Need Determination Consistent with EOA documentation requirements, the economic trends analysis of land needs scenarios and the business clusters analysis indicates that the Tigard UPA can add approximately 794 net new industrial jobs without needing to add additional industrial -zoned land over the next 20 years. In light of current downward trends in industrial business activity, the land efficient need scenario appears to be most consistent with regional growth forecasts and anticipated marker realities. Industrial Land Need and Parcel Requirements As indicated in Table 13, the land efficient need scenario assumes 48 acres of net new industrial vacant land demand, which is just below the estimated vacant industrial land supply of 50 acres. If the City opts to pursue a more aggressive economic growth strategy that is consistent with the moderate or high land need scenario, the City would need to identify another 14 to 30 acres of vacant industrial land area to meet the level of industrial demand associated with adding another 1,059 to 1,324 industrial jobs. In light of the City's rather lirnited remaining vacant industrial land supply of tax lots in excess of five acres, the consultant /staff team recommends that the City adopt economic goals and objectives that preserve the remaining large contiguous industrial sites for large industrial employment users. A preliminary expected forecast of demand by parcel size is also provided in Table 14, and assumes that virtually all of the remaining vacant industrial land supply within the Tigard UPA will be absorbed over the next 20 years. LOA — Planning Commission Recommended Draft 20 Table 14. 20 -Year Industrial Demand Forecast and Vacant Land Supply, Tigard USB Efficient Land Moderate Land High Land Land Demand and Supply Need Scenario Need Scenario Need Scenario Demand for Vacant Industrial 48 64 80 Land Supply of Vacant Industrial Land 50 50 50 Land Surplus or (Deficit) 2 (14) (30) Existing Forecast of Preliminary Parcel Distribution, Unconstrained Parcel Size Surplus Efficient Land Need Forecast 1 Supply (tax Demand (tax lots) lots) (tax lots) Less than 1 acre 12 10 2 1 to 5 acres 5 5 0 5 to 10 acres 0 0 0 10 to 20 acres 2 2 • 0 20+ acres 0 0 0 Total 19 17 2 Notes: Tax lot demand forecast expected to meet or exceed supply in 20 years. Source: Based on findings included in demand and supply analysis. Commercial Land Need and Parcel Requirements As indicated in Table 15, the land efficient needs scenario assumes 78 acres of net new commercial and mixed -use vacant land demand, which is just below the estimated vacant land supply of 86 acres. As with the industrial land needs, an economic growth strategy that is consistent with the moderate or high land needs scenario would require the City to identify an additional 19 to 45 acres of vacant commercial and nixed -use land to meet the demand.. In light of the City's rather limited remaining vacant commercial and mixed -use land supply of lots in excess of five acres, the consultant /staff team recommends that the City adopt economic goals and objectives that preserve the remaining large contiguous commercial sites for strategic commercial retail and office employment users, and allow housing in these areas, only as part of a mixed -use development. A preliminary expected forecast of demand by parcel size is also provided in Table 15, and assumes that virtually all of the remaining vacant commercial land supply over one acre in size within the Tigard UPA will be absorbed over the next 20 years. The City also anticipates the development of high - capacity transit along the Pacific Highway corridor. The region has made a commitment to high - capacity transit and this corridor is the next to be studied. Any development of high - capacity transit would trigger the City to identify station areas to accept higher, transit supportive mixed -use densities. The logical locations for station areas would more than likely result in the rezoning of general commercial lands to mixed -use zoning. As both commercial and mixed -use zoned lands are included in this analysis, any rezoning would not decrease the amount of vacant or partially vacant land available. The range of allowed uses, from retail to multi-story office buildings, would not be affected. P0A— Planning Commission Recommended Drall 21 Table 15. Reconciliation of Long -term Land Demand and Supply Commercial and Mixed Use 20 -Year Land Use Forecast (gross buildable acres), Tigard USB Low Land Need Medium High Land Land Demand and Supply Scenario Land Need Need Scenario Scenario Demand for Vacant Commercial 78 105 131 Land Commercial Demand 51 68 85 Mixed -Use Demand 27 36 45 Supply of Vacant Commercial 86 86 86 Land Commercial Zoned Supply 46 46 46 Mixed -Use Zoned Supply 40 40 40 Land Surplus or (Deficit) 8 (19) (45) Existin g Supply Surplus Su I Forecast of Preliminary Parcel Distribution, Demand p Efficient Need Forecast (tax Tots) (tax lots) (tax lots) Less Than 1 acre 89 30 59 1 to 5 acres 14 14 0 5 to 10 acres 3 3 0 10 to 20 acres 0 0 0 20+ acres 0 0 0 Total 106 47 59 Source: FCS GROUP, based on findings included in demand and supply analysis. Planning, Market, Cost and Risk Factors Consistent with BOA documentation requirements, the economic trends analysis, stakeholder interviews and business clusters analyses indicate that the Tigard USB is uniquely positioned within the greater Portland metropolitan region to experience continued success in retaining and attracting businesses and economic development. Risk of Losing Large Commercial and Industrial Sites As Tigard's vacant land supply of large parcels (more than five acres) becomes diminished, the City could risk losing economic growth potential if remaining larger industrial and commercial sites allow non - employment uses that displace prospective business opportunities. While the current short -term employment market is sluggish at best, the future long -term job growth trends bode well for Tigard if it preserves large commercial and industrial zoned parcels for intended business activity. These risks can be mitigated in part by adopting new economic development objectives that preserve large commercial and industrial areas for desired commercial and industrial business activities. Risk of Not Adequately Preparing for Targeted Area Redevelopment As Tigard's population and employment levels increase with time, and vacant land diminishes, the City will need to rely more upon redevelopment areas, and productivity increases from existing developed lands and businesses to achieve long -term economic strength and diversity. New economic [0A— Commission Re conuncndcd Draf 22 development objectives should be formulated to enable the City to leverage desired redevelopment in targeted locations such as downtown, and within planned transit- station communities. Risk of Expanding the USB in the Future Beyond the 20 -year forecast time horizon the City should consider the need to grow into urban reserve locations, if the City's invesunent in infrastructure extensions yields a favorable return to its residents and businesses. An Urban Planning Area expansion is not necessary at this time to accommodate industrial and other employment land needs for the next 20 years, unless the City opts to pursue the moderate or high land needs scenario to accommodate additional commercial and industrial job growth. Planning and Permitting Risks The City should review its land use development code to ensure that it preserves sites for their intended use, yet is flexible enough to accommodate a full diversity of commercial and light industrial uses consistent with public safety, public facilities, and positive urban design characteristics. The ability to provide a streamlined and predictable permitting process can be a challenge as the City relies more on smaller infill and redevelopment sites to accommodate business growth. Non -Local Regulatory Risks The City is dependent upon ODOT to achieve higher trip caps in targeted redevelopment areas. As the City and Metro pursue high capacity transit facilities and assessed service levels, these regulatory risks may be addressed by assuming higher non - vehicle mode shares that result in reduced traffic impacts from new development. Most of the risk factors described above may be addressed by the City of Tigard. Others will require partnerships with regional and state regulatory agencies, such as Metro, Washington County and ODOT. The City can take a leadership position by providing a local planning and permitting environment that is favorable to business investment and more proactive economic marketing to raise awareness of Tigard's strengths as a preferred location for over 2,900 existing business establishments. IMPLEMENTATION POLICIES AND ACTION MEASURES OAR 660- 009 -0020 stipulates that comprehensive plans must provide connnunity economic development objectives, a commitment to providing a competitive short -term land supply, and identification and provision of adequate sites and public facilities to serve economic development demand. Since the City of Tigard updated the economic development chapter of its Comprehensive Plan in 2008, the document contains a fairly complete set of economic development goals, policies and action measures. The following is a list of topics and recommended policy updates to comply with state statutes and /or implement the City's economic goals. Policies Community Economic Development Objectives (CEDOs) The majority of these objectives are already embedded in existing policies. Two new policies are recommended: "The Cite shall encourage neighborhood commercial uses that support economic opportunities, multi-modal transportation options, neighborhood vitality; and the goals of efficient land use patterns." • EOA — Planning Commission Recommended Dail 23 `The Cib shall encourage businesses that are environmentally and economically sustainable." • Commitment to Provide Adequate Sites and Facilities and Commitment to Provide a Short -Term Land Su ply of Land The commitment to provide adequate public facilities is embedded in existing Policy 9.1.4 of the Comprehensive Plan. One new policy is recommended to describe the commitment to provide adequate sites and a short -term land supply: "The City shall monitor and update its Buildable Lands Inventory to ensure adequate short and long -teen supplies of buildable employment land" Provide for Prime Industrial Land Development on Large Lots Existing Policy 9.1.7 addresses the need to protect prime industrial land but does not address the need for large lots. It is recommended the policy be revised as follows: "The City shall litnit the development of retail and service land uses in Metro - designated industrial areas, and especially on Lott of 10 amore acres, to preserve the potential of these lands for industrial jobs." Promote Targeted Redevelopment in Downtown and other areas This issue is addressed by several existing policies and recommended action measures, but most directly by Policy 9.3.1: "The City shall focus a significant portion of future employment growth and high - density housing development in its Metro - designated Town Center (Downtown); Regional Center (Washington Square); High Capacity Transit Corridor (Hwy 99W); and the Tigard Triangle." No new language is proposed. Recommended Action Measures Assist prope> rtv owners with the Oregon Industrial Site Certification Process A new recommended action measure is suggested: "Assist property owners with the Oregon Industrial Site Certification Process to help preserve and market the Ci' 'r Inventory of industrial lands." Economic Development Marketing and Incentives Directed Towards Strategic Clusters This issue is addressed indirectly by several recommended action measures, but could benefit from more concise language. A new recommended action measure is suggested: "Explore an economic development marketing and incentives program targeting strategic business clusters." Work with ODOT to address mobility standards Capacity issues on state highways (particularly Pacific Highway, Hwy. 217, and Interstate 5) impact economic development opportunities through trip caps, limited floor -to -area ratios, and required road improvements that are expensive. The conversation is just getting started at the regional level. A new recommended action measure is suggested: "9Vork with stale and regional partners to develop alternative mobility standards that will benefit the community and its economic development e forts. " 1:0A —Planning Commission Recommended Drall 24 Monitor Local and Regional Economic Development Initiatives This request from the Planning Commission led to a suggested new recommended action measure: `Monitor local and regional economic development initiatives to assess their effectiveness related to cost and outcome." Metro Designated Centers and Corridors Based on a resolution passed by the Tigard City Council, Metro recently amended its Growth Concept Map expanding the Tigard Town Center Boundary to include the entire Tigard Urban Renewal District and the Tigard Triangle. The City is required to adopt this change into its Comprehensive Plan. Staff recommends adopting a definition that will refer to the Metro Growth Concept Map, thus eliminating the need to amend the Tigard Comprehensive Plan each time the Metro Growth Concept Map is amended. f OA — Planning Cammissiun Recoounended Drall 25 APPENDIX A - OFFICE LEASING ACTIVITY SUMMARY, MID -YEAR REPORT OFFICE Leasing Activity, Mid -Year 2010 (as of June 30, 2010) Class A Market Statistics M id -Year 2010 Existing Inventory Vacancy YTD Net YTD Under Const Quoted Market #Builds Total RBA Total SF Vac% Absorbtion Deliveries SF Rates Central Business District 41 11,389,435 1,412,066 12.4% (135,590) 368,800 62,200 $24.42 Suburban 141 17,234,745 2,225,626 12.9% (130,126) - - 523.74 Tigard 6 509,087 151,931 29.8% (13,097) - - $23.93 217 Corridor /Beaverton 12 1,142,430 303,750 26.6% (15,550) - - 521.77 Kruse Way 19 1,961,855 495,615 25.3% (26,228) - - $26.05 Barbur Blvd /Capitol Hwy - - - - - - $0.00 Tulalatin 4 361,270 154,503 42.8% 5,604 - - $24.31 Wilsonville 4 325,501 55,071 16.9% - - - $24.77 Total 182 28,624,180 3,637,692 12.7% (265,716) P 368,800 62,200 $24.01 lass B Market Statistic M id -Year 2010 Existing Inventory Vacancy YTD Net YTD Under Const Quoted Market # Builds Total RBA Total SF Vac % Absorbtion Deliveries SF Rates Central Business District 130 9,423,902 927,523 9.8% 61,787 - - 520.18 Suburban 1,155 30,095,314 4,345,461 14.4% (62,639) 14,000 268,854 517.82 Tigard 83 1,979,955 277,469 14.0% 12,806 - - $20.88 217 Corridor /Beaverton 72 1,719,571 314,759 18.3% 5,148 - - 516.40 Kruse Way 26 728,262 93,241 12.8% (14,059) - - $20.76 Barbur Blvd /Capitol Hwy 42 890,672 121,398 13.6% 2,337 - - $16.79 Tulalatin 30 704,815 105,798 15.0% (7,289) - - $19.36 Wilsonville 17 622,051 30,169 4.8% (10,369) - - $16.71 Total 1,285 - 39,519,216 5,272,984 13.3% (852) 14,000 ' 268,854 $18.38 Class C Market Statistics Mid -Year 2010 Existing Inventory Vacancy YID Net YTD Under Const Quoted Market # Builds Total RBA Total SF Vac% Absorbtion Deliveries SF Rates Central Business District 177 4,093,913 489,486 12.0% 11,201 - - $17.49 uburban 2,815 18,283,763 129,081 0.7% 68,665 - - $14.36 Tigard 97 662,182 66,493 10.0% (3,199) - - $15.60 217 Corridor /Beaverton 82 609,431 70,635 11.6% 1,202 - - $14.50 Kruse Way 19 133,044 2,452 1.8% - - - $18.00 Barbur Blvd /Capitol Hwy 120 846,865 99,822 11.8% (5,090) - - 515.60 Tulalatin 20 119,561 29,278 243% (5,598) - - 514.73 Wilsonville 21 103,496 2,681 2.6% 5,609 - - 517.21 Total 2,992 22,377,676 _ 618,567 2.8 %_ 79,866 - - 514.93 Class B and C Market Statistic Mid -Year 2010 Existing Inventory Vacancy YTD Net YTD Under Const Quoted Market #Builds Total RBA Total SF Vac% Absorbtion Deliveries SF Rates Central Business District 307 13,517,815 1,417,009 10.5% 72,988 - - $19.37 Suburban 3,970 48,379,077 4,474,542 9.2% 6,026 14,000 268,854 $16.51 Tigard 180 2,642,137 343,962 13.0% 9,607 - - 519.56 217 Corridor /Beaverton 154 2,329,002 385,394 16.5% 6,350 - - $15.90 Kruse Way 45 861,306 95,693 11.1% (14,059) - - 520.33 Barbur Blvd /Capitol Hwy 162 1,737,537 221,220 12.7% (2,753) - - $16.21 Tulalatin 50 824,376 135,076 16.4% (12,887) - - 518.69 Wilsonville 38 725,547 32,850 4.5% (4,760) - - $16.78 Total 4,277 61,896,892 5,891,551 9.5% 79,014 _ 14,000 268,854 $17.14 Quoted Rates for Class B and C table are weighted average of individual B and C markets according to the total RBA inventory Source: CoStar Office Report Mid -Year 2010; Capacity Commercial Group. LOA - Planning Commission Recommended Draft 2 (, APPENDIX B: INDUSTRIAL LEASING ACTIVITY, MID -YEAR 2010 REPORT Flex Building Market Statistics I Mid -Year 2010 Existinglnventory Vacancy YTD Net YTD Under Const Quoted Market 4 Builds Total RBA Total SF Vac% Absorbtion Deliveries SF Rates Central Business District 3 _ 45,000 10,000 22.2% - - - 516.50 Suburban 741 _ 18,956,577 2,268793 12.0% (336,814) 70,020 - $10.23 Tigard 50 1 i___ 277,751 170,855 13.4% (12,799) - - 512.30 217 Corridor/Beaverton 87 2,204,502 41_9,25_8 19.0% (69,237) - - 511.77 Kruse Way 2 _88,928 - 0.0% - - - $0.00 Barbur Blvd /Capitol Hw_ y 7 53,681 6,771 12.6% _ 5,100 _ - - 510.35 _Tulalatin 14 430,840 23,229 5.4% (2,531) - - 57.54 Wilsonville 29 1,661,734 201,334 12.1% (18,316) 7,020 - 59.31 Total 744 19,001,577 2,278,793 r 12.0% (336,814) 70,020 r - 510.24 i Warehouse Building Market Statistics + Mid -Year 2010 Existing Inventory Vacancy YTD Net YTD Under Const Quoted Market # Builds Total RBA Total SF Vac% Absorbtion Deliveries SF Rates Central Business District 41 1,616,833 141,090 8.79O (1,843) - - 55.78 _ Suburban 4,694 167,214,476 13,813,643 8.396 91,337 119,723 415,000 55.55 Tigard 119 __4,394,617 339,683 7.7% 57,333 _ - - 56.38 217 Corridor /Beaverton 75 3,332,391 471,805 14.2% 31,770 - - $6.30 Kruse Way _13 _ 301,069 _ 3,378 1.1% 10,240 - - $7.20 Barbur Blvd /Capitol Hwy 17 209,963 5,000 2.4% 8,000 - - 56.16 Tulalatin 221 8,453,141 675,494 8.0% (39,805) - - 55.20 Wilsonville 83 6,155,906 1,268,475 20.6% 47,351 - - 55.95 Total 4,735 168,831,309 13,954,733 r 8.396 89,494 119,723 415,000 55.55 i . . _ . 1 Total Industrial Market Statistic Mid -Year 2010 Existing Inventory Vacancy YID Net YTD Under Const Quoted Market #Builds Total RBA Total SF Vac% Absorbtion Deliveries SF Rates Central Business District 44 1,661,833 151,090 t 9.1% (1,843) - 57.16 Suburban 5,435 186171,053 16,082,436 8.6% (245,477) 18 415,000 56.19 Tigard 169 5,672,368 510,538 � 9.096 44,534 - - $7.68 217 Corridor /Beaverton 162 5,536,893 891,063 r 16.1% (37,467) - - $8.07 Kruse Way 15 389,997 3,378 � 0.9% 10,240 - - $7.20 Barbur Blvd /Capitol Hwy 24 263,644 11,771 r 4.5% 13,100 - - 58.01 Tulalatin 235 8,883,981 698,723 r 7.9% (42,336) - - _ 55.29 Wilsonville 112 7,817,640 1,469,809 r 18,896 29,035 7,020 - 56.72 Total 5,479 187,832,886 16,233,526 r 8.6% (247,320) 189,743 415,000 $6.20 Source: CoStar Office Report Mid -Year 2010; Capacity Commercial Group. ROA -1' aniline Commission Recommended 1)ral1 27 APPENDIX C: ANALYSIS OF EMPLOYMENT AND SPACE NEEDS Projected Tigard Employment, Medium Forecast Scenario, 2005 -2035 Chance 2005 Proj. 2035 Jobs Retail Trades 9,854 14,426 4,572 46% Services 11,372 23,482 12,110 106% Industrial /Other* 12,049 13,637 1,588 13% Government* 8,033 9,092 1,059 13% Total 41,308 60,637 19,329 47% Source: Metro adopted housing and employment growth forecasts, 2007; Metroscope Gen. 2.3. Assumes allocation of "Other "jobs at 60% industrial, and 40% government. In light of the recent national economic recession that caused severe declines in Oregon employment from 2007 through 2010, Metro's 2030 job forecast for Tigard is assumed to be achieved by year 2035 under the "medium forecast" scenario. Projected Tigard Net New Average Annual Employment Forecast (1 Year Forecast) Low Medium High Retail Trades 114 152 191 Services 303 404 505 Industrial /Other* 40 53 66 Government* 26 35 44 Total 483 644 805 Projected Tigard Net New 20 -Year Employment Forecast Low Medium High Retail Trades 2,286 3,048 3,810 Services 6,055 8,073 10,092 Industrial /Other* 794 1,059 1,324 Government* 529 706 882 Total 9,665 12,886 I 16,108 LOA — Planning Commission Recommended Dra il 28 APPENDIX C: ANALYSIS OF EMPLOYMENT AND SPACE NEEDS (CONTINUED) Job Sectors and Building Type Assumptions Flex /Bus Gen. Employment Sectors Office Institutional Park Industrial Warehouse Retail Total Retail Trades 5% 1% 6% 0% 12"/ 76% 100% Services 72% 1% 5% 1% 1% 20% 100% Industrial /Other 8% 0% 50% 40% 2% 0% 100% Govemment 43% 37% 5% 0% 0% 15% 100% Source: Metro Draft 2009 -2030 Urban Growth Report: modified to reflect local observations. Proj. Tigard Net New 20 -Year Employment Forecast by Building Type, Low, , Flex /Bus Gen. Office Institutional Park Industrial Warehouse Retail Total Retail Trades 114 23 _ 137 - 274 1,737 2,286 Services 4,360 61 303 61 61 1,211 6,055 Industrial /Other* 64 - 397 318 16 - 794 Gmemment* 228 196 26 - - 79 529 Total 11 4,7651 279 8631 3781 351 3,026 9,665 Proj. Tigard Net New 20 -Year Employment Forecast by Building Type, Medium , Flex /Bus. Gen. Office Institutional Park Industrial Warehouse Retail Total Retail Trades 152 30 183 - 366 2,316 3,048 Services 5,813 81 404 81 81 1,615 8,073 Industrial /Other* 85 - 529 424 21 - 1,059 Govemment* 304 261 35 - - 106 706 Total I 6,353 I 372 I 1,151 I 504 I 468 I 4,037 I 12,886 1 I i Proj. Tigard Net New 20 -Year Employment Forecast by Building Type, High Flex /Bus Gen. Office Institutional Park Industrial Warehouse Retail Total Retail Trades 191 38 229 - 457 2,896 3,810 Services 7,266 101 505 101 101 2,018 10,092 Industrial /Other* 106 - 662 529 26 - 1,324 Govemment* 379 326 44 - - 132 882 Total I 7,942 I 465 1 1,439 I 630 I 685 I 5,046 I 16,108 Source: FCS GROUP based on Metro Draft 2009 -2030 Urban Growth Report; modified to reflect local observations. BOA — Planning Commission Recommended Orall 29 APPENDIX C: ANALYSIS OF EMPLOYMENT AND SPACE NEEDS (CONTINUED) 'Building Type to Land Needs Assum •tions Flex /Bus Gen. _ Office Institutional Park Industrial Warehouse Retail Refill /Redevelopment Rate 67% 67% 45% 45% 45% 60% Jobs Needing Vacant Land Rate 2 33% 33% 55% 55% 55% 40% Building SF Per Job 2 370 630 550 700 1,100 510 Floor -Area -Ratio 2 0.50 0.50 0.31 0.30 0.30 0.30 Public Facility Net:Gross Adjustment 3 1.10 1.05 1.10 1.05 1.05 1.10 Work at Home Adjustment 4 0.15 0.03 0.05 0.03 0.03 0.03 • assumptions are intended to reflect a long -term average over 20 years, some "ramp up" is expected to attain these density levels. 1/ Adjusts for building refill 8 vacancy allowances. 2/ Building density derived from Metro UGR assumptions. 3/A11owences take into account land dedicated to public /utility easements. 4 /Allowance based on national statistics by US Dept. of Labor, Bureau of of Labor Statistics, Technical information: Work at Home i 'Source: assumptions are generally tonsistent with the Metro Draft 2009 -2030 Urban Growth Report; modified to reflect local observatio i r . Proj. Tigard Net New 20 -Year Redevelopment Building Space Needs (Floor Area) , Flex /Bus Gen. Office Institutional Park Industrial Warehouse Retail Total Low 1,004,000 114,000 203,000 116,000 168,000 899,000 2,504,000 Medium 1,339,000 152,000 271,000 154,000 225,000 1,198,000 3,339,000 High 1,673,000 191,000 338,000 193,000 281,000 1,498,000 4,174,000 ;P roj. Tigard Net New 20 -Year Building Floor Area on Vacant Lands (Floor Area) , Flex /Bus Gen. Office Institutional Park Industrial Warehouse Retail Total Low 495,000 56,000 248,000 141,000 206,000 599,000 1,745,000 Medium 659,000 75,000 331,000 188,000 274,000 799,000 2,326,000 High 824,000 94,000 414,000 235,000 343,000 999,000 2,909,000 ,Proj. Tigard 20 -Year Vacant Lands (gross buildable acres) 1 Flex /Bus Gen. Office Institutional Park Industrial Warehouse Retail Total Low 25 3 20 11 17 50 126 Medium 33 4 27 15 22 67 168 High 42 5 34 19 28 84 210 r LOA - Planning Commission Recommended Ora ft 30 APPENDIX C: ANALYSIS OF EMPLOYMENT AND SPACE NEEDS (CONTINUED) ,Land Use Assignment Assumptions , Flex /Bus Gen. Local Zoning Classification Office Institutional Park Industrial Warehouse Retail Commercial 50% 60% 20% 10% 10% 60% Mixed Use 40% 20% 5% 5% 0% 30% Industrial 10% 20% 75% 85% 90% 10% Total 100% 100% 100% 100% 100% 100% Assumptions by FCS GROUP and Tigard based on local observations. 'Proj. Tigard 20 -Year Vacant Land Needs Forecast by Zoning Classification, Low , Flex /Bus. Gen. Land the Classification Office Institutional Park Industrial Warehouse Retail Total Commercial 13 2 4 1 2 30 51 Mixed Use 10 1 1 1 - 15 27 Industrial 3 1 15 10 15 5 48 Total 25 3 20 11 17 50 126 ;Proj. Tigard 20 -Vear Vacant Land Needs Forecast by Zoning Classification, Medium . Flex /Bus. Gen. Land Use Classification Office Institutional Park Industrial Warehouse Retail Total Commercial 17 2 5 2 2 40 68 Mixed Use 13 1 1 1 - 20 36 Industrial 3 1 20 13 20 7 64 Total 33 4 27 15 22 67 168 Proj. Tigard 20 -Year Vacant Land Needs Forecast by Zoning Classification, High , , Flex /Bus. Gen. Land Use Classification Office Institutional Park Industrial Warehouse Retail Total Commercial 21 3 7 2 3 50 85 Mixed Use 17 1 2 1 - 25 45 Industrial 4 1 25 16 25 8 BO Total 42 5 34 19 28 84 210 1 Summary of 20 -Year Vacant Land Demand Forecast by Zoning Classification, Tigard USB (with current zoning regulations) Land Use Classification Low Medium Hiqh Commercial 51 68 85 Mixed Use 27 36 45 Industrial 48 64 80 Total 126 168 210 Assumptions by FCS GROUP based on Dec. 2009 Metro 2009 -2035 Urban Gmafh Report assumptions and local observations. 6OA — Planning Commission Reconunended Drat 31 APPENDIX D: ANALYSIS OF RETAIL INFLOW /OUTFLOW Analysis of Retail Developm ent Potential Tigard Area 2010 to 2030 Est. 2010 Population in City 48,100 Rol. 2030 Fbpulation h Qty 62,278 Analysis of Effective Buying Income (EBI) Est. 2010 Per Capita Income 1/ $33,000 Roj. 2030 Far Capita Income 1/ 536,462 Est. 2010 Aggregate ®I (000) 51,587,300 Roj. 2030 Aggregate 831(000) $2,270,749 Change in Aggregate 83l (000) $683,449 Future 2030 Supportable Retail Development Analysts of Editing & Future Retail Sales l Potential 2010 2030 Retail Retail Dlstributi Buying Buying Total on of Power Power Change Sales Sales Support Supportable Local from from in Retail Attributed Attibuted able Sq.Ft. of New Income by Local Local Buying to Local to Retail Retail Retail Store Residents Residents Power Residents inflow Safes Development Store Group Group 2 / ( 2 / ( 2 / ( ( ( 41 (000) 6 / Food Stores 8.3% 5131,746 5188,472 $56,726 $51,054 512.763 563.817 236,000 Eating 8 Drinking 5.0% 579,365 5113,537 534.172 530,755 $13,181 543.936 162,000 Gen. Merchandise 5.5% $87,302 5124,891 537,590 $33,831 527.680 561,510 227,000 Furniture, Fixtures 8 Appliances 2.2% 534,921 549,956 515,036 $13,532 511,072 524,604 91,000 Automotive Services 9.6% $152,381 5217.992 $65.611 $52.489 542.945 $95,434 352,000 Other/h&c. 11,3% 5179,365 5256,595 577,230 554,061 523.169 577,230 285,000 Total 41.9% $665,079 $951,444 5286,365 5235.722 5130.810 5366,532 1,353,000 Notes: 1/ Derived from LS Census estimates; assumes .05% annual real income growth. 2/ Store group sales allocations from U.S. Bureau of Economic Analysis, Consumer Expendure Survey, Western United States. 3/ Based upon employment estimates: assumes 500 sq.ft. per job, 5% vacancy allowance, and avg. sales of $275/sq.ft. 4' Future retail inflow assumed to account for 30% to 45% of total retail sales. 5/ Building area assumes $285/per sq. R. annual sales, and 5% vacancy allowance. Source: analysis byFCS GROU°. LOA - Planning (ommi i'n Recommended Urali 32 APPENDIX E: SUMMARY OF TIGARD EMPLOYMENT ZONES AND REGULATIONS The following is an overview of regulations related employment lands and zones for the City of Tigard. A general description of each zone is provided along with common and specific development standards when applicable. A summary table highlights specific regulations, such as building height, lot size, setbacks, landscaping and lot coverage. COMMERCIAL ZONES Neighborhood Commercial District (C -N) Provide convenience goods and services (those purchased frequently) within a small cluster of stores adjacent to residential neighborhoods. A limited number of other uses such as restaurants, gas stations and medical centers are permitted conditionally. Community Commercial District (C - C) Provide convenience shopping facilities to meet regular needs of nearby (1.5 miles) residential neighborhoods. Typically range in size from 30,000 - 100,000 sf on 2 to 8 -acre sites. Separated from other commercial zones by at least one half -mile. Housing is permitted on the second floor at densities not to exceed 12 units /net acre. Limited other uses are allowed conditionally. Mandatory site development review. General Commercial District (C - G) Accommodate a full range of retail, office and civic uses with a City -wide and even regional trade area. Residential uses limited to single family residences on same site as permitted use. A wide range of uses are permitted conditionally. Professional Administrative Commercial District (C - P) Accommodate civic and business /professional services and compatible support services in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units /net acre are permitted in conjunction with commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments are intended to serve as a buffer between residential areas and more intensive commercial and industrial areas. Mixed Use - Central Business District (MU - CBD) Provide a pedestrian friendly urban village in Downtown Tigard. A wide variety of commercial, civic, employment, mixed -use, multi - family and attached single family residences are permitted. All uses are allowed in all areas. Specific Development Standards (18.6101: Four sub -areas (see MU -CBD Development Standards Matrix) have different setback and height limits in order to create a feeling of distinct districts within the larger zone. • Pacific Hwy. and Hall Boulevard Corridor: designed to create a "pulse- point" along the Pacific Hwy. corridor. Regional retail draw and potential future high capacity transit. • Main Street - Center Street: pedestrian- oriented with smaller scale development. • Scoffins Street - Commercial Street: higher density residential and employment base of civic, office and commercial uses. LOA — Pla Cmumission R ecommended mull 33 • Fanno - Burnham Street: medium scale residential or mixed use development. Mixed Use Employment (MUE) Designed to apply to a majority of land within the Tigard Triangle, it permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing (multi- family at a max density of 25 units /acre. A wide range of uses are permitted conditionally. Acknowledges a majority of trips by automobile, but supports alternative modes of transportation to the greatest extent possible and encourages a mix of uses. Includes special design standards for Tigard Triangle (18.620). Mixed Use Employment Districts (MUE -1 and MUE -2) Apply to areas where employment uses such as office, research and development and light manufacturing are concentrated. Commercial and retail support uses are allowed but limited, and residential uses are permitted when compatible with employment character of the area. MUE -1 example is Lincoln Center (high density). MUE -2 example is Nimbus area (more moderate densities). Mixed Use Commercial District (MUC) Includes land around Washington Square Mall and immediately west of Highway 217. Primary uses include office buildings, retail, and service areas. Also permits mixed0use developments and housing at 50 units /acre. Large buildings encouraged with parking under behind or to sides. Includes special design standards for Washington Square Regional Center (18.630). Mixed Use Commercial (MUC -1) Applies to portion of the Durham Quarry site. Subject to IGA agreement between Tigard and Tualatin. Permits a wide range of uses including commercial lodging, general retail, offices and housing at min density of 25 units /acre and max of 50 units /acre. Includes special design standards for Durham Quarry (18.640). Mixed Use Residential Districts (MUR) Applies to predominantly residential areas where mixed -uses are permitted when compatible with residential use. INDUSTRIAL /INSTITUTIONAL ZONES Industrial Park District (I -P) Provides appropriate locations for combining light manufacturing, office and small - scale commercial uses (restaurants, personal services and fitness centers) in a campus - like setting. Only those uses with no off -site impacts are permitted. Mandatory site development review and specific design standards (18.530). Light Industrial District (I -L) Provides appropriate locations for general industrial uses, including manufacturing and production, research and development, warehousing and freight movement and wholesale sales activities with few, if any, nuisance characteristics. I:0A Planning Commission Reco inmtndcd Dra 11 34 Heavy Industrial District (I -H) Provides appropriate locations for intensive industrial uses including I -L uses as well as railroad yards and waste - related activities. Uses include those which involve the use of raw materials, require significant outdoor storage and generate heavy truck and /or rail traffic. Properties are carefully located to minimize impacts on established residential, commercial and light industrial areas. EOA — Planning Commission Re couunended Urali 35 COMMERCIAL DEVELOPMENT STANDARDS MUE W25 STANDARD C-N CCPI CC C -P MU- CC MV DU. MUC -1 MUC MUE 1 MUE 1 MUR 1 MUR2 ClD° 117110 Os81n nlM1Um 11111 pain Minimum La Size 5,000W 3,000sgft None 6.000 sg ft None None - None None None None Nmc None - Dtbdled mil ft - - - • 1.480s9R • - - - Boarding, lodging, - - - 6.1 W sgft - • - rooming hone Minimum La Width 50ft 5 0 ft 50ft 50ft None 50ft None None Nme None None None None Minimum Setbacks -From yard 2011 0/205 Oftl l 011 ❑ 011! 208 v 01 011 Oftl"! Oftl " 108 -Side facing Watt on 208 - - - ❑ - 208 V O8b0 00Un 05611 58" IOft " caner &through lots 10 -Side yard 0720 ft In 0/20 ft 01 0/20 ft 111 0/20ft ❑ 0/1011 10 ft V 0 0111211 0 101 0filnl 0g 1°I - Side or rear yard shutting - - - - In 3011 v ftivfnl - - - - more restrictive zoning - - dimict - Ran yard 0208! 0/200 0/20 ft 0] W2011 ❑ 208 v 0Ri 05 1501 0 0 -Didantt between Rol - - - - WRO 11 2011 O m N/A N/A ftlallsn 11laellnl roar tbim h PsPP!Y • D N/A N/A line abutting a public a WA private meet. Minimum Building Hdgit N/A N/A WA N/A ❑ N/A N/A N/A 2doiea 281aia None 2Paim Nate Maximum Building Wright 35ft 3511 45ft 45ft ❑ 45ft 4511 70ft 20011 20011 60ft 75ft 450 Maximum Site Coverage l0 85% 80% 85% 85% ❑ 85% eon %l' 90% 85% 85% 85% 80% So% Minimum Landscape 15% 20 % 15 % 15 % ❑ 15% 20 % 10% 15% 15% 15% 20% 20% Requirement Minimum FAR to WA WA WA N/A _ ❑ N/A N/A N/A 1.15 1.25 0.6 06 113 _ Minimum Rmdaniel N/A WA N/A N/A ❑ N/A WA N/A 50 50 25 50 25 Density 01'11 °1 unk/aos unit /acre unit/acre unit/acre unit/see Maximum Reddmtid N/A WA WA N/A ❑ N/A WA WA Nme Nate 50 None 50 Detvtylm mi0aae unilaore ' Multiple - family dwelling unit. "Sec TOM 18.610.1 and Map 18.610.A fa dcvelopmatn standards. V -sec 18.640.050.8. 0= See Table 18.610.1 and Map 18.610.A fa development standards. 11] The provisions R Chapter 18.795 (Vision Clearaia) must be satisfied. 12] Include all buildings and impervious mdhccs. 131 Applies to all nonresidential build devdopmmt and macd use developmml which includes t alidadid enema* In mixed use development. residential Door arm is included in the calculations of floor are ratio to delmnune conformance with minimum FAR. 141 Notwithstanding the requirement; of Scion 10.7I5.020, minimum and maximum duchy shall be deomined for residential only projects using the number of residential units per acre shown in the above table. The provisions for density transfer dcseibcd in Scdim 18.715.030.13 apply, using the minimum and maximum density shown in the alma table. Any mixed-use ce cmmadal only development the as have minimum density rcquhunmt. (5) Far pulpam of determining flan arearatio and residential densities, the net development ma shall be um to establish the la are, damnined pa Satin 18.715.020.A. 161 Adjustments to minima dusty in the Washinmai Square Regional center area subject to the standards sat forth in Section 18.630020E. (2) The maximum density regrhenments fa des/elements tin include a add designated Was Resources Overlay district Riparian setbacks per Chapter 18.792 are disrobed in Section 18.630.020.D. (2) No aback Mall be required acept 20 fee shall be required where the zone abuts a residential zoning distrid. (9) See Section 18320050E for she and building design standards. 1101 No Bmt yard setback shall ben:mired except a 20-foot Rau yard setback shaft ggly within 50 fed of a residential district 111] Thee shall benominimmm from yard setback requhanelr. however. conditions in Chapters 18.245 and 18.295 must be end. 112] There we no setback requirements. except 30 fed where a commercial use within 1 diarid shuts a residential inning district. 113] Themaximmm height of any building in the CBD zone within MO fed of anyresidential Onhg diarist shall nor exceed 40 fee. 1141 Where the side amar yard of attached a multiple- family dwdlingo Wit a morerstriaive zoning district. such setbacks shall not be less thin 35 fed. (15] Landscaped areas on existing dcvdopcd property in the CBD shall be retained. Buffering and weaning requvanents sal Path in Chyle 18.745 shall be met for aiding and non devdopment. 1161 Lot coverage includes all buildings and impervious surfaces. (12) Modifadions to dimensional and minimum dmsily requiranma fa develepmens that include or abut designated Warta Resources Overlay District Ripaim setbacks pa Chanter 18.292 are described in Section 18.630.040.F. 3181 The requirements contained in the Buffer Manias in Tables 18.245.1 and 18.745.2 shall be used in calculating wills ofbufamg /westing andrequired improvement s to be'eddiedhdwem proposed use n the MUC. MUE and MUR sacs within the Washington Square Regional Carta (WSRC) and ebding zoning districts net included within the WSRC. a mnng districts within the WSRCvehidi .R not mixed-use. For MUC and MUE zmm. the « gniranmis for Commercial Zones apply. For MUR zones, the requiranmts for the Neighborhood commercial Zane apply. [191 For Commercial and Mixed- use dcalommts, themaxlwm font and street side yardrnbade is I far. For Raidmtial only dcvdopmmts, the maximum Rau and area side yardsdback is 20 fed. 1201 Side and rear nrd setbacks shall be 20 fed who the zone abuts asidmtial dimictsshown in Section 18.510020 exam R -23 and R-40. [211 The maximum setback is 20 Rd. [221 The maximum sat W sit is 10 fat. 6N- Ndghbahood Commercial District MUC! - Mixed Use Camnadal CC - Community Commercial District MUC - Mixed Use Commercial CO General Commercial District MUE 1- Mixed Use EmgloymmUHigh Density OP - Pmfasiond/Adminiantive Once Commercial MUE 2- Mixed Use EmploymmbMedimm Density MUCBD- Mixed Use Central Business Diarist MUR 1- Mixed Use Raid:Mid/High Density MtJR 2- MUed Use Residmtial/Medime Density Ii()A — Planning Comm ission Recowine n clecl 1)ra li 36 MU -CBD Development Standards Matrix r ' 2 ' 3 STANDARD SUB -AREAS Main Street 99W /Hall Corridor Scoffins/Commercial Famto/Bumham (MS) (99H) (SC) (FB) Front setback 0/5 ft. Minimum 0 ft. (5 ft for frontage on 0 ft 0 ft. 99W) Maximum 10 ft. 25 ft. 20 fl. 20 ft. Side facing street on comer and through lots Minimum 0 R 0 ft. 0 ft. 0 ft. Maximum 10 ft. N/A N/A N/A Sideyard Minimum/maximum N/A N/A N/A N/A Rear setback Minimum Oft. 5ft. 5R 5ft. Maximum N/A N/A N/A N/A Building height Minimum 20 ft. 20 ft. 20 ft. 20 ft. Maximum (stories/feet) 3 stories (45 ft.) 3 stories (45 ft) 6 stories (80 ft.) 6 stones (80 ft.) Ground Boor height minimum 15 ft. 15 ft. None None Site coverage maximum 100% 90% 90% 80% Minimmn landscaping 0 %' 10% 10% 20% Minimum building frontage 50% 50% 50% 50% Residential density (units per acre) Minimum 25 25 25 15 Maximum 50 50 50 50 This table does not apply to existing development. All new buildings in the district must meet these development standards, including projects using the Track 3 approval process. 2 For standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for Development Bordering Urban Plaza. See also Section 18.610.045, Exceptions to Standards in the MU -CBD zone. ° In the MU-CED zone, required landscaping can be provided cm roofs. 3 Landscaping/screening requirements for parking lots must be met 6 Station Area Overlay permits a maximum of 80 units per acre (see Map 18.610A). r 3 stories/45 feet within 200 feet of Farina Creek Park boundary (see Map 610.A) or within 50 feet of low or medium density residential district. s Minimum density applies to residential -only development (not mixed use). ROA — Planning Commission Recommended Draft 37 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD I -P I -L I -H Minimum Lot Size None None None Minimum Lot Width 50 ft. 50 ft. 50 ft. Minimum Setbacks - Front yard 35 ft. 30 ft. 30 ft. - Side facing street on corner & through lots [1] 20 ft. 20 ft. 20 ft. - Side yard 0/50 ft. [3] 0/50 ft. [3] 0/50 ft. [3] - Rear yard 0/50 ft. [3][4] 0/50 ft. [3] 0/50 ft. [3] - Distance between front of garage & property line abutting a public or private street -- -- — Maximum Height 45 ft. 45 ft. 45 ft. Maximum Site Coverage [2] 75 % [5] 85 % 85 % Minimum Landscape Requirement 25 % [6] 15 % 15% [1] The provisions of Chapter 18.795 (Vision Clearance) must be satisfied. [2] Includes all buildings and impervious surfaces [3] No setback shall be required except SO feet shall be required where the zone abuts a residential zoning district. [4] Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. [5] Maximum site coverage may be increased to 80% if the provisions of Section 18.530.050.B are satisfied. [6] Except that a reduction to 20% of the site may be approved through the site development review process. I -P - Industrial Park District I -L - Light Industrial I -H - Heavy Industrial EOA — Planning Commission Recommended Droll 38 r APPENDIX F: TYPICAL SITE REQUIREMENTS FOR DEVELOPMENT TYPES Typical Criteria For Specific Development Sites E Campus E w Industrial/ 0. F • i Heavy Hi -Tech Electronic and Call Center/ Commercial > Industrial/ General Food Manufacturing Computer Warehouse/ Business Office Shopping m O Manufacturing Manufacturing Processing & Processing Assembly Distribution Services (Class A) Center Hotel o a aN o 5to25 5to10 5to10 lO to 25 5to25 lO to 25 3to5 1to5 5to10 3to5 0 c I nterstate, a Interstate, state Interstate, Interstate, state Interstate, state Interstate or Along arterial Arterial Arterial or a sta highway • highway or state highway highway or highway or limited access Along or streets or street interstate EC principle or principle or principle principle principle four -lane arterial or in down town visibility, visibility or o • arterial within arterial within arterial arterial within arterial within highway within streets centers and prefers downtown 9 within 1 -30 1 -10 miles 1 -20 miles 1 -15 miles 1 -10 miles 1 -15 miles transit areas transit areas centers o miles J • Water flow 2 • Water flow • Water flow 2 • Water flow • Water flow al 65,300 GPD • Water flow 2 2_ 4,600 GPD 3,500 GPD 24,000 GPO 2_ 10,000 GPD t • Water flow 2 • Water flow • Water flow 2_ • Water flow 2_ 2 • Sewer flow 2 74,300 GPD • Sewer flow • Sewer flow 2 • Sewer flow • Sewer flow 36,100 GPD 17,000 GPD 24,900 GPD 58,800 GPD • Sewer flow 2_ 11,700 GPD .2 4,600 GPD 3,500 GPD 2 4,000 GPD 2 10,000 GPD l • Sewer flow 2_ • Sewer flow 2 • Sewer flow 2 • Sewer flow 2 • 2.0 MW 74,300 GPD • 0.5 MW • 0.5 MW • 0.5 MW • 0.5 MW 5 32,500 GPD 15,300 GPD 22,400 GPD 11,700 GPD Electricity • 0.5 MW Electricity Electricity Electricity Electricity Ty 3 • 0.5 MW • 1.0 MW • 0.5 MW • 1.0 MW • Fiber - telecom Electricity • Broadband • Broadband • Broadband • Broadband ▪ Electricity Electricity Electricity and route • Fiber-telecom Electricity Internet Internet Internet Internet diversity access access access access NCDA - Net Contiguous Developable Acres Source: Compiled by FCS Group based on Business Oregon industrial Site Certification requirements and industry standards. EOA — Planning Commission Recenuncnded Draft 37 APPENDIX G: BUILDABLE LAND INVENTORY City of Tigard Buildable Lands Inventory (as of January 1, 2010) Vacant and Part - Vacant Property < 1 acre 1 to 5 acres 5 to 10 acres >.10 acres Total Lots Acres Lots Acres Lots Acres Lots Acres Lots Acres Commercial C -C 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 C -G 19 6.8 6 14.0 2 16.4 0 0.0 27 37.3 C -N 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 C -P 7 2.7 2 6.2 0 0.0 0 0.0 9 8.9 Mixed Use MU -CBD 3 1.1 0 0.0 0 0.0 0 0.0 3 1.1 MUC 3 1.4 1 1.3 0 0.0 0 0.0 4 2.8 MUE 35 13.9 4 6.1 0 0.0 0 0.0 39 19.9 MUE -1 10 3.8 1 1.5 1 5.7 0 0.0 12 11.0 MUE -2 1 1.2 0 0.0 0 0.0 0 0.0 1 1.2 MUR -1 9 3.2 0 0.0 0 0.0 0 0.0 9 3.2 MUR -2 2 0.8 0 0.0 0 0.0 0 0.0 2 0.8 Industrial I -H 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 I -L 7 2.2 2 4.5 0 0.0 0 0.0 9 6.7 I -P 5 2.0 3 6.7 0 0.0 2 34.7 10 43.4 Total 101 38.9 19 40.4 3 22.1 2 34.7 125 136.2 Summary of Vacant Land by General Land Use Zoning Classification Vacant and Part - Vacant Property < 1 acre 1 to.5 acres 5 to 10 acres > 10 acres Total Lots Acres Lots Acres Lots Acres Lots Acres Lots Acres Commercial 26 9.5 8 20.2 2 16.4 0 0 36 46.1 Mixed Use 63 25.3 6 8.9 1 5.7 0 0.0 70 39.9 Industrial 12 4.2 5 11.2 0 0.0 2 34.7 19 50.1 Total 101 38.9 19 40.4 3 22.1 2 34.7 125 136.2 Source: City of Tigard. i;DA - Planning Commission Recommended Draft 38 APPENDIX H: REDEVELOPMENT LAND INVENTORY City of Tigard Redevelopable Potential (Improvement to Land Value)' High (< 0.33) Moderate Low (> 1.00) (0.33 to 1.00) Lots Acres Lots Acres Lots Acres C -C 0 0.0 0 0.0 4 8.5 C -G 8 3.4 13 6.8 158 255.0 C -N 0 0.0 1 0.2 2 2.8 C -P 11 3.8 17 10.9 35 33.6 MU -CBD 24 10.5 50 38.4 86 59.0 MU C 7 12.6 11 24.2 35 155.0 MUE 70 40.5 22 12.3 59 61.8 MUE -1 15 11.5 10 6.9 24 30.9 MUE -2 0 0.0 0 0.0 6 29.4 MUR -1 10 3.9 23 5.6 16 5.3 MUR -2 6 2.4 8 2.6 6 3.0 I -H 2 3.4 4 5.5 9 41.3 I -L 3 11.0 8 25.1 61 203.5 I -P 13 12.5 13 28.2 76 193.1 Total 169 115.6 180 166.6 577 1,082.0 Summary of Redevelopable Potential City of Tigard Redevelopable Potential (Improvement to Land Value) High (< 0.33) Moderate Low (> 1.00) (033 to 1.00) Lots Acres Lots Acres Lots Acres Commercial 19 7.2 31 17.8 199 299.8 Mixed Use 132 81.4 124 89.9 232 344.3 Industrial 18 27.0 25 58.8 146 437.9 Total 169 115.6 180 166.6 577 1082.0 Notes: 'Improvement to Land Value calculated from Washington County Tax Assessor data (Sept 2010). 2 796 Properties contained a zero Improvement or Land Value and are not represented here. Source: City of Tigard. EOA - Planning Commission 12ecommended Ural! 39 APPENDIX I: SUMMARY OF STAKEHOLDER INTERVIEWS In support of the City of Tigard's statewide planning Goal 9 Economic Opportunity Analysis, consulting staff interviewed twelve business leaders, employers and economic experts to gather perspectives on the City's current position and future economic opportunities. Summary of interview responses are included after each question, shown in italics. The list of respondents is included at the end of the summary. 1. What is Tigard's primary market advantage within the state and region with regard to attracting population and jobs? What do you feel are its greatest assets? Stakeholders consistently reported that Tigard's location is its primary asset, particularly its proximity to 1 -5 and other major transportation corridors such as Highway 217 and Highway 99W. Other factors frequently cited included Tigard's position relative to Portland, an educated, affluent population, and open spaces. Four respondents mentioned that the size of Tigard and its suburban setting are attractive. Other named assets include the variety of housing options, diversity of office and industrial buildings and availability of land. 2. I'm going to read you a fist of seven (7) items. From the list, please identity Tigard's primary strengths as a place to do business. The list below is organized in order of frequency of response, shown in parentheses. • Proximity to 1 -5 and other transportation corridors (1 1) • Quality of life (10) • Available, skilled workforce (10) • Adequate public infrastructure (transportation, utilities, etc.) (5) • Access to local markets and customers (5) • General business climate (4) • Interaction with firms in the same and /or related industries (2) 3. (Optional- for employers) Do you have plans to maintain or expand your business in Tigard? If not, will you relocate within the region or elsewhere? Why or why not? Most employers who were interviewed said they plan to maintain their current location but are unlikely to expand. Two others said they hope to expand as the economy improves. Reasons for not moving include preferred location, access, and property ownership. One employer said a recent employee survey showed that most of their employees live near the business. One business owner said they may relocate when the current lease expires and relocate to a more thriving business district. 4. What geographic areas) do you think best define(s) Tigard's competitive market region for commercial office, retail and industrial development? E0A— Planning Commission 1<econnmxlcd Draft 4(1 Most interviewees responded to this question by identifying areas in the City that are thriving or successful employment districts. Four respondents felt that the Tigard Triangle is a particularly competitive market area within the city, especially for industrial and retail uses. One person felt strongly that the Triangle was not as competitive as the Hunziker area. Washington Square and the surrounding area were cited twice as being competitive for retail. Other areas mentioned by one person included Oregon Business Park, PacCorp and the area between Highway 99W and Scholls Ferry Road. 5. The City is interested in redevelopment in its downtown and along The Highway 99W corridor, developing a mixed -use district in the triangle south of Highway 99W and north of Highway 217, and adding more neighborhood commercial uses to meet local needs. Do you agree with these priorities? Why or why not? Are there other areas or corridors the City should focus on? Most respondents agreed with these priorities, though several cautioned against development that would compound existing transportation problems (particularly along Highway 99W). There was support for revitalizing downtown by adding new businesses and destinations; including mixed uses, parks and housing that contribute to a unique identity for the City. There was also a good deal of support expressed for improving the Triangle by adding services and diversifying the types of businesses there with available land. Other ideas for focused efforts included the Tiedeman /Greenburg area, the area.north of Highway 99W and in the Oak Street or Locust Street areas by Washington Square. 6. What can Tigard do locally to complement the regional and state economy? Several respondents felt that improvements to the transportation network are important to support the Tigard economy. This included improving conditions for vehicle traffic, providing access to alternative transportation facilities such as bike lanes and light rail, and working with regional agencies (e.g., JPACT) to solve transportation problems. Two respondents suggested that the City needs an economic development department and /or active business recruitment by the mayor, city manager and economic development staff. Other ideas included lower taxes, incentives to start a business or re- locate in Tigard, and grants for small businesses. Two respondents recommended continuing to improve upon the current level of service and responsiveness of City building and planning staff. One suggested retaining large industrial tracts to attract potential employers. 7. What types of land and /or economic development actions or incentives are most needed in the City to nurture job growth and private investment? Respondents' most common suggestion was for the City to improve infrastructure - particularly transportation. Others suggested lowering taxes and strategically reducing system development charges (SDCs) for small businesses or other potential employers. Another suggested using enterprise zones or urban renewal areas to capture future tax revenues. Two others emphasized the importance of diversifying local businesses and professional services, particularly downtown. EnA - Planning Commission Recommended L)rnll 41 8. What actions should be taken by the City to create a more balanced and sustainable community? Interview respondents had several ideas about how to create a balanced and sustainable community. These include diversifying the types of business in the city, adding more transportation options and creating mixed -use districts. Two people said that the City needs to focus its efforts and build a distinct identity and greater sense of community, including supporting local business and adding more commercial services to residential areas. Others suggested creating affordable housing and mixed -use districts near commuter rail and future light rail. Two respondents noted that they thought the City is doing well with its current efforts. 9. Along those lines, the City wishes to better balance jobs and housing. What types of housing do you think are most needed? While three interviewees responded that the current mix of housing is adequate, others suggested the need for a more diverse housing stock. Specific needs include moderate to low- income housing in or near downtown and commercial services, second -floor residential, condominiums and small lot or zero lot line homes. A few respondents suggested siting mixed - income housing near transit routes. 10. What business clusters exist or should exist in Tigard? What can the City do to build and strengthen these clusters? Most interview respondents said that Tigard does not have business clusters other than some collection of general services and industry. One identified a cluster of finance and professional services. Several felt that Tigard has a good diversity of businesses and does not need to build clusters. Others suggested that the City could encourage clusters by recruiting a large company so that supporting organizations follow, or by acquiring and consolidating large parcels to sell to a major employer. One respondent recommended the City find a niche such as specialty medical, technical or manufacturing that does not compete with existing retail establishments including Washington Square. 11. What opportunities and challenges are there to expanding the traded sector in Tigard? What goods and services could be produced locally rather than imported, and what could be exported? Most respondents did not have an answer for this question. One suggested that all services are imported and another suggested polling the manufacturing sector to identify existing goods and services offered in Tigard. Another interviewee pointed out that there is a great deal of vacant Class A and B office and industrial space, which is both a challenge and an opportunity for the City to attract new industry and business. 12. Are there certain goods or services that you think are missing in the City of Tigard today? 130A — Planning Commission Recommended Drell 42 Goods and services that interviewees said were missing from Tigard include downtown grocery and retail, upscale restaurants and neighborhood commercial services. Others suggested that Tigard needs light rail or bus rapid transit as well as more parks and trails. One recommended that Tigard develop a unique identity based on neighborhood and housing design in order to compete with the large surrounding retail and cited Sierra Madre, CA as a successful example. 13. Is there anything else you'd Tike to acid? Interview respondents offered the following closing comments: • One person stated that he is frustrated with the lack of economic development activity on the part of the City. • Tigard has the opportunity to be a good example for a small city. Improve transportation options and get people off the freeways while maintaining mobility in and between towns. • The City needs to be efficient to support businesses. Be prepared for the economic upturn. Keep an eye on the planning department and have a contingency plan to respond to an increase in business activity (e.g., hire contractors or new staff). • Be sure to "over- communicate" this and other City projects. Explore and use a variety of communication media, including mail and social media. • It is great that the City is doing this type of outreach and planning. • Tigard's city council members toured Vancouver, BC a few years ago to look at urban planning and transportation issues. The trip, hosted by Metro, was very beneficial in generating ideas on how to meet these challenges. List of Interviewees 1. Kirsten Alvares, Gerber Legendary Blades 2. Jonae Armstrong, Washington Square 3. Mark Ellsworth, Economic Revitalization Team 4. Donald Fox, Fox Chiropractic Clinic 5. Mike Marr, Tigard Central Business District 6. Debi Mollahan, Tigard Area Chamber of Commerce 7. Bonnie Nakashimada, George Fox University 8. Jonathan Schlueter, Westside Economic Alliance 9. George Specht, Specht Properties 10. Eric Sporre, PACTrust /Oregon Business Park 11. Mike Stevensen, B &B Printing 12. Eric Turner, GVA /Kidder Matthews WA— Planning Commission Rec Drat 43 ...a' " Appendix 3 : Jr _ s . 1 Buildable Lands lir ----\ Wa shing ' i and -. .1l " Regional @ i1' ! ' ., A Redevelopment/ • 4] P : ' 1 Refill Potential C .- J ; 7 r City of Tigard sr . -r -' Oregon r ef s p -, �. • m, �.� r■ ii •, [r . �- �r 1=1 City Limits : L e 4 Zoning �, I g � "' Taxbt Boundary Wetland ~ h1' - Water 4 VE Stream Corridor rti ' m 14 / � d ` 100 yr Fbodplain 1 11( 111111 1 allilli . .. T! ar' Buildable Lands twit ' ® ' �r / w .,� B • WntlWf _. r Commercial I. ` ✓ igard Y !! t P0tt1a1 Indust � + ii . J 1:11:11 - , L _ Low ^, -Government Owned Land J !1 w..p / - lir> wad llc...doy pmahed rs bawd en spec. m. pI..w 1 ■ e .< rnnnold ova o f yew penile! m Tx .<rcops P acific Highway or more *�� 1 uwn wn n a m anaamn <.r+as.rol .e Owsw Lulu. doe,. mean . proproperty w+ll HC Corridor © ,g . � � :::: ...... ,= ,,.. : , = . 4 . = er<ninl. arcs not - m emn pe. wm ,.ea / / .fade iinventor, afldnMe bid. were denlified as popery ..1 A / 1 ..a. 1151_,11111 • :'r! ' awards nfT.lk dada N. am 1. pWy varav .Mundeveloped. pnva<WnwnW pr.el 1 k r .s. . 1! I F aalh c. u developed pr rel y.mn d P is Y I wAh l:a OM Of U. pared va�.M . ® �!1 ; p .. I f l` wok The TTT1E maps c e aannw nt. nrmemv Milt en 1 gi • Exhibit B Goal 9: Economic Development Economic activity is the lifeblood of any community, providing jobs, creating wealth, and generating tax revenue. Tigard's economy is intertwined with the economy of the region, the nation, and the world. Goal 9: Economic Development `To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens." Tigard's location at the crossroads of several transportation routes has proven to be a major advantage. Other advantages indude the relatively high educational attainment level of its citizens; and its proximity to the high technology centers in Washington County and major educational institutions such as Portland State University and Portland Community College. A recent study found that Tigard was a "hub for innovation" for a city its size due to the comparatively high percentage of patents granted to individuals and small business. Tigard residents envision a future economy that builds on these strengths. Tigard shall have a strong and resilient local economy with a diverse portfolio of economic activity: retail, professional service, and industrial jobs. The local economy shall provide for goods and services for local resident and business needs but also have the goal of expanding the "traded sector." This sector sells goods and services outside the region to the broader state, national and international markets and /or produces goods and services that normally would have to be imported to the community. These businesses bring income into the community or region and keep local income from going elsewhere. Tigard's future economy may include activities whose characteristics are not foreseeable at this time such as live -work arrangements; light manufacturing combined with research and development; creative crafts and arts such as film, advertising, communications, etc. Therefore the City's land use and other regulatory practices shall be flexible and adaptive so as not to preclude desirable economic development opportunities. Tigard is sometimes perceived as a bedroom community for nearby cities. This is not accurate. Tigard businesses provided 38,628 11.422 full and part time jobs in 200895 (State of Oregon Employment Department). This number is greater than the number of Tigard residents over the age of 16 in the workforce: 25,537 (O.E.D, 2006). Seventy percent of I Tigard residents work outside the City, so thousands of workers from throughout the region ate regularly commuteiag to Tigard jobs (2000 Census). The City shall seek to expand the opportunities for residents to work doser to where they live. This will require promoting a mix of high quality housing opportunities for households with varying incomes. Quality of life factors shall be promoted to attract economic investments and a skilled work force. Among these factors are an attractive and well - maintained community; high levels of public safety; accessible and responsive local government; availability of a variety of housing, good public schools; access to nature, high quality parks, leisure and recreation activities, safe Planning Commission Recommended Page 1 and convenient multi-modal transportation opportunities, and smoothly running essential infrastructure. State and Regional Policies: The Department of Land Conservation and Development (DLCD) and Metro have developed policies that address economic opportunities, which are based on Statewide Planning Goal 9. A major emphasis of the Goal 9 policies is to preserve and protect land for industrial and employment uses. Metro has sought to implement this on a regional basis. Title 4 of the Metro Urban Growth Management Functional Plan identifies Industrial and Other Employment Areas that are important to the region. Goal 9 also requires cities to complete an Economic Opportunities Analysis as part of State Periodic Review. The Tigard 2011 Economic Opportunities Analysis (EOA) was adopted in May 2011. The EOA analysis showed that the land efficient need strategy is appropriate to supply adequate vacant land to accommodate projected employment and industrial uses over the next 20 years. This required no rezoning of property at the time. The land efficient need strategy is based on findings that Tigard has a limited supply of little available vacant industrial and employment . - . .. .. - . - - - . . developnettf..-Titclands; the City is currently severely limited in its ability to expand its boundaries to increase its industrial /employment land base; the City has a good supply of properties that meet the definition of "high redevelopment potential"; the City's strategy is to redevelop Downtown Tigard. the Tigard Triangle. the Washington Square Regional Center and the Pacific Highway Corridor: and the City has an opportunity to jump -start redevelopment with the arrival of high capacity transit.- : - - . • . :: - - - Tigard can ensure a strong economy with these desired characteristics by working on a formal economic development program. In the near term the Downtown Urban Renewal District has the potential to redevelop and attract additional employment and economic activity. Key Findings • Tigard is home to a wide range of economic activity. • Tigard does not have a formal city -wide economic development strategy. • Tigard's location at the crossroads of important transportation corridors I -5, Hwy 217, and Hwy 99W is a major advantage in attracting economic activity. • Approximately 31% of Tigard's land area is zoned for commercial, industrial, and mixed use purposes. These properties represent about 31% of the total assessed property value. • The major commercial and mixed -use areas of the City are Washington Square, Tigard Triangle, Downtown Tigard, and the Hwy 99W corridor. Industrially zoned properties are generally located along the freight rail line, in between Fanno Creek and I -5. Planning Commission Recommended Page 2 - ..- - - - - - - - . r - ..- - - - -- -. - - - - • In Tigard, there are more jobs than people in the workforce living within the City boundaries. Seventy percent of residents commute outside the City; therefore, Tigard is a net attractor of commuters. • In Tigard, the Wholesale Trade sector has the largest amount of sales. The Retail sector has the largest annual aggregate payroll and largest number of workers. .—The Tigard 2011 EOA identified existing and emerging business clusters that pay above average wages and could be accommodated by current conditions. Quotients (propcnaity to locate) in Tigard. • Metro has designated approximately 1,100 acres of Industrial and Commercially zoned properties in Tigard as Title 4 Industrial and Employment Areas. Tigard-will I P-xer reperties7 • There has been no large -scale encroachment of retail /office uses in industrial areas in Tigard. Between 1997 and 2004, Tigard added approximately 3,800 jobs. of _o....-..._.. l • Tigard has little vacant industrial land available to attract new large scale industrial development. • The Tigard 2011 EOA found the supply of vacant industrial /employment lands could accommodate the 20 -year needs of the efficient land growth scenario. • A recent study found that Tigard was a "hub for innovation." A study of patents and communities by the research firm iPiQ found that in 2005, Tigard had a high percentage of patents granted to individuals and small business (29). The study attributed this to Tigard's lower rents and taxes attracting professionals from Portland and Beaverton. Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy. Policies 1. The City shall establish strategies to retain and encourage the growth of existing businesses. 2. The City shall actively encourage businesses that provide family -wage jobs to start up, expand or locate in Tigard. 3. The City's land use and other regulatory practices shall be flexible and adaptive to promote desirable economic development opportunities, provided that required infrastructure is made available. Planning Commission Recommended Page 3 4. The City shall address the public facility needs of business and economic development through identifying and programming needed public facilities and services within the Public Facility and Capital Improvement Plans. 5. The City shall promote well - designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. 6. The City shall promote actions that result in greater, more efficient, utilization of its Metro - designated Employment and Industrial Areas. 7. The City shall limit the development of retail and service land uses in Metro- ' designated industrial areas, especially on lots of 10 or more acres, to preserve the potential of these lands for industrial jobs. 8. The City shall participate and represent Tigard's interests in economic development activities and organizations at the regional, state and federal levels. 9. The City shall strongly represent its interests at the regional, state and federal levels to acquire transportation funding, including truck and rail freight movement needed to support existing business activity, attract new business, and improve general transportation mobility throughout the community. 10. The City shall strongly support, as essential to the region's economic future, the development of efficient regional multi-modal transportation systems throughout the Portland Metropolitan area. 11. The City shall develop economic clusters by encouraging the retention, expansion and recruitment of industries that already have a presence in Tigard. 12. The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. 413. The City shall monitor and update its buildable lands inventory to ensure adequate short and long -term supplies of buildable employment land. Recommended Action Measures i. Develop a formal City of Tigard economic development program and strategy to implement the community's economic development goals and policies and consider the creation of an economic development director position to develop and implement the program. ii. Develop and periodically update Comprehensive Economic Opportunities Analyses and other employment and economic development studies to determine the status of Tigard's economy including strengths, deficiencies, and Planning Commission Recommended Page 4 trends. Coordinate economic development activities with Metro, Washington County, Greenlight Greater Portland, Portland Regional Partners for Business, the Westside Economic Alliance, state agencies and other entities. iv. Investigate the potential of an "Economic Gardening" program in Tigard that provides information, infrastructure, and connections to local businesses with the potential for growth. v. Improve data collection on local economic trends by gathering up -to -date and accurate information from local, regional, state, and federal sources. vi. Support redevelopment of existing vacant and underutilized industrial and commercial lands rather than designating additional lands for these purposes. vii. Research strategies to inventory, assess, clean -up, and redevelop brownfields. viii. In view of the limits imposed on Tigard's ability to expand its city limits by surrounding jurisdictions, develop strategies to increase employment growth through more intense and efficient use of existing lands. ix. Maintain updated land use inventories and associated characteristics of commercial, industrial, and other employment related land uses to assist in economic development planning and coordination with other jurisdictions /agencies. x. Consider implementing additional Urban Renewal Districts where feasible. xi. Develop a comprehensive "Area Plan" for the Tigard Triangle to promote its full development. xii. Increase opportunities for higher density housing and employment development in the Downtown Urban Renewal District, Washington Square Regional Center, Tigard Triangle, and designated Corridors to enable more intense housing and employment uses to be located in close proximity to transit and other urban uses. xiii. Prioritize support for businesses identified as being able to develop into regional industry dusters. xiv. Improve media contacts and develop a branding / marketing effort to promote Tigard as a place to live and do business. xv. Assist property owners with the Oregon Industrial Site Certification process to help preserve and market the City's inventory of industrial lands. xvi.Work with state and regional partners to develop alternative mobility standards that will benefit the community and its economic development efforts. xvii.Explore an economic development marketing and incentives program Planning Commission Recommended Page 5 targeting strategic business clusters. Goal 9.2 Make Tigard a center and incubator for innovative businesses, including those that focus on environmental sustainability. Policies 1. The City shall institute appropriate land use regulations to accommodate a contemporary mix of economic activities. 2. The City shall periodically review and update its policies, land use regulations, and other efforts to ensure the City's land use program is responsive to changes in the economic structure, and is adaptable to businesses changing development needs. 3_3 --The City shall engage with state and regional economic development organizations and agencies to sustain and expand its current economic activities and be prepared for future economic trends. 474. The City shall encourage businesses that are environmentally and economically sustainable. Recommended Action Measures i. Develop a strategy to increase the number of knowledge based and traded sector jobs that pay higher than national average wages. ii. Investigate ways to support local innovative businesses and economic activities, as evidenced by the relatively high number of patents granted to individuals and small business in Tigard. iii. Investigate the potential for a business incubator or innovation center that fosters the start -up of new innovative businesses and connects regional economic partners, businesses, higher education and venture capitalists. iv. Improve connections with major universities to promote research connections, and access to innovative business practices. v. Promote Downtown Tigard as a place for innovative and emerging business to expand or relocate. vi. Encourage programs that promote sustainable business practices (e.g., recycling, green building or other sustainable design features, the use of green or alternative energy, commute trip reduction programs). Monitor local and regional economic development initiatives to assess their effectiveness related to cost and outcome. Planning Commission Recommended Page 6 Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. Policies 1. The City shall focus a significant portion of future employment growth and high- ' density housing development in its Metro - designated Town Center (Deter ); Regional Center (Washington Square); and High Capacity Transit Corridor (Hwy 99W); and the Tigard Triangle. 2. The City shall adopt land use regulations and standards to ensure a well - designed and attractive urban environment that supports /protects public and private sector investments. 3. The City shall commit to improving and maintaining the quality of community life (pubic safety, education, transportation, community design, housing, parks and recreation, etc.) to promote a vibrant and sustainable economy. 4_ The City shall allow opportunities for home based businesses that are compatible with existing and planned residential living environments. +5. The City shall encourage neighborhood commercial uses that support economic opportunities. multi-modal transportation options. neighborhood vitality. and the goals of efficient land use patterns. Recommended Action Measures i Consider instituting design regulations to ensure that new commercial, mixed - use, and industrial development are well designed and make an aesthetic contribution to the community. ii. Increase Tigard's supply of open space and recreational opportunities as an amenity to attract new businesses and their employees. iii. Promote Tigard's cultural, historic, recreational, educational, and environmental assets as important marketing tools for the City's business areas and neighborhoods. iv. Support environmental conservation and wildlife enhancement activities for their contribution to the local economy as quality of life amenities for residents, business owners, and their employees. v. Investigate ways to improve the appearance and function of Hwy 99W and other transportation corridors. vi. Develop high quality work force housing to increase the opportunity for employees who work in Tigard to also live in the community. Planning Commission Recommended Page 7 vii. Streamline the City processes required to start or expand a business by techniques such as online permits and business tax applications. viii. Develop long -term and active working relationships between business organizations (such as the Tigard Area Chamber of Commerce), community groups, public agencies, and elected leadership. ix. Produce a "Doing Business in Tigard" packet for businesses. x. Support catalyst projects outlined in the Tigard Downtown Improvement Plan and make public investments in infrastructure such as streets, sidewalks, and public areas to leverage desirable development in the Downtown Urban Renewal District. xi. Attract new businesses and retain existing ones that will assist in creating an Urban Village in the Downtown Urban Renewal District. Institutc new land use rcgulation3, including design rcgulationa, to cn3urc high Work with Work Systems, Inc., Tigard - Tualatin School District, and Portland Community College on ensuring business employment needs and trends are in line with educational curriculums. xiv.xiii. Consider joining an international "Sister Cities" program to develop reciprocal cultural, educational, municipal, business, professional, and technical exchanges and projects with foreign cities. Itv,xiv. Monitor emerging wireless and high -speed internet technologies to ensure competitively priced access for Tigard residents and businesses. rxv. Recognize and promote community events as having potential for positive economic impacts and as important for community identity. Planning Commission Recommended Page 8 Tigard Comprehensive Plan Glossary Metro- designated Employment Area — a Metro design -type. whose boundary is defined on the Metro Title 4. Industrial and Other Employment Areas Map, that mixes various types of employment and some residential development. with limited retail commercial uses primarily to serve the needs of people working or living in the immediate area. Metro - designated Corridor or High Capacity Transit Corridor — a Metro design -type, whose boundary is defined on the Metro Title 6. Centers. Corridors. Station Communities and Main Street Map. that are located along major transportation routes and feature increased densities. a high -quality pedestrian environment. and convenient access to transit. Metro - designated Industrial Area — a Metro design -type. whose boundary is defined on the Metro Tide 4. Industrial and Other Employment Areas Map. that is set aside primarily for industrial activities with limited supporting uses. Metro - designated Regional Center or Washington Square Regional Center — a Metro design -type. whose boundary is defined on the Metro Title 6. Centers. Corridors. Station Communities and Main Street Map. that focuses on compact development. redevelopment and high -quality transit service. multimodal street networks. and act as major nodes along regional through- routes. Metro - designated Town Center or Tigard Town Center — a Metro design -type, whose boundary is defined on the Metro Title 6, Centers. Corridors. Station Communities and Main Street Map. that provides local shopping. employment. and services with compact development and transit service. Tigard Triangle — area of Tigard bounded by Pacific Highway. Interstate 5. and Highway 217. Downtown Urban Renewal District — an area encompassing Downtown Tigard and defined in the City Center Urban Renewal Plan. Planning Commission Recommended Page 9 Exhibit C 600 NE Grand Ave. www.oregonmetro.gov • Portland, OR 97232 -2736 Metro 1 Making a great place April 15, 2011 • Darren Wyss Senior Planner Community Development City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Re: Metro staff comments on proposed amendments to Tigard's Comprehensive Plan (CPA 2011- 00002) Dear Mr. Wyss: • Thank you for the opportunity to review and comment on the proposed amendments to Tigard's Comprehensive Plan • and the city's draft 2011 Economic Opportunities Analysis (EOA). The EOA is an important source of information for informing the City's update of its comprehensive plan. Metro staff finds the draft EOA to be a thoughtful analysis of Tigard's future employment growth and believes that its underlying assumptions are sound and reflect regional coordination. Staff finds the Comprehensive Plan amendments supportive of regional policies, though we have a concern about the approach to the town center boundary as proposed. More specific comments follow. Center boundaries The proposed amendments to the Tigard Comprehensive Plan include adoption of the Tigard Town Center and other boundaries in the glossary with reference to Metro's maps of centers and corridors and employment and industrial areas. In December 2010, Metro Council amended the titles in the Urban Growth Management Functional Plan (UGMFP) that specify the process for local jurisdictions to adopt a boundary designating a center or corridor. Prior to December, local jurisdictions were required to adopt center and corridor boundaries, as specified in Tide 1 of the UGMFP. The December Metro ordinance changed that requirement to one in which a city is required to adopt boundaries and take other actions in order to be eligible for regional investments such as high capacity transit as well as to be eligible for ODOT's lower mobility standards and standards in the transportation planning rule. The adoption of the boundaries is an important part of a package of actions that signal that a community is taking the steps to focus investments and adopt policies to support more compact development consistent with regional policies for centers. • Staff finds the proposed approach of including the definition of the boundary in a glossary does not meet the intent of Title 6 and may be unclear to citizens interested in understanding the location of the centers in Tigard. In May 2010, Tigard City Council adopted Resolution 10 -24, which "...expressed support for the preparation and submission of a Tigard Town Center boundary change..." to the Metro Council. In December, the Metro Council amended the 2040 Growth Concept Map and the map of center boundaries to reflect the intent expressed in Tigard's resolution. We encourage the city to proceed with other proposed amendments to the Comprehensive Plan (including adoption of the EOA), and, in order to be eligible for regional investments and other incentives, make center boundary designations in a separate ordinance, which clearly depicts the boundary on a map and follows the notice requirements in section 3.07.620 B4 of Metro's UGMFP. Employment forecast Tigard's EOA is informed by the region's most recently adopted forecast allocation (2005 to 2030). The use of this forecast helps to ensure regional coordination. The EOA includes appropriate adjustments to reflect the impacts of the recent recession. The EOA's use of a range forecast is also a useful approach given the significant economic uncertainty created by the recession. Finally, the EOA's assessment of the clusters that may grow in Tigard balances a realistic analysis with city aspirations. Primed on regrledcmrtmr paper. Employment capacity We appreciate the use of buildable land inventory data that are consistent with data used in the 2009 urban growth report (UGR). As with the EOA's use of the most recent regional forecast allocation, the use of the regional buildable land inventory data helps to ensure coordination. The draft EOA recognizes the important role that redevelopment will play in providing future employment capacity. The refill assumptions used in the EOA are, in fact, more ambitious than those modeled for the 2009 UGR (for the Inner Westside market subarea), but are justifiable given the city's intention to focus growth within its existing urban service area. Space usage assumptions and land need We find the EOA's assumptions about employment space usage to be reasonable and consistent with those used in the 2009 UGR. These assumptions include square footage per employee and floor area ratios for different building types. Metro staff supports the EOA's recommendation to pursue an efficient land need scenario, focusing a significant amount of growth in downtown Tigard, Washington Square Regional Center, the Tigard Triangle, and along the Southwest High- Capacity Transit corridor. Policy and implementation action recommendations Metro staff is supportive of the policy and implementation action recommendations found in the EOA, including the • protection of large lots for industrial uses, the promotion of employment in centers and corridors, and the stated intention to work with ODOT and Metro to develop alternative mobility standards that complement the city's aspiration to promote growth in its centers and corridors. • Sincerely, /�2 ed Reid Associate Regional Planner • cc: Robin McArthur, Planning and Development Director Chris Deffebach, Long Range Planning Manager Gerry Uba, Principal Regional Planner • it Or O Department of Transportation Y,—, �° Region I { leadquarters `_� 7 / 1 NW Flanders Street Portland. Oregon 97209 185 9 (503) 731.8200 John A. Kitzhaber, MI) Gowilx FAX (503) 731.8531 April 4, 2011 City of Tigard Planning Commission City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 SUBJECT: CPA 2011 -00002 The Oregon Department of Transportation (ODOT) has reviewed the proposed language adopting the Tigard 2011 Economic Opportunities Analysis and amending the Comprehensive Plan Glossary. We understand that it is the City's intent to amend the Tigard Town Center boundary to include the Tigard Triangle area (defined in the CP Glossary as the area of Tigard bounded by Pacific Hwy OR 99W, 1 -5, and OR 217), but this is not clear from the package provided to the Planning Commission for its April 4, 2011 meeting. No map has been provided showing revised Town Center boundaries and there is no description of a proposed action adopting or amending the Town Center boundary or other 2040 design type boundaries. Issue 1: The proposed Glossary definitions reference incorrect map boundaries The proposed Glossary definitions reference boundaries "defined on the Metro 2040 Growth Concept Plan ". However, the Metro 2040 Growth Concept Plan Map only depicts general locations of 2040 Centers. The Planning Commission and City Council should be aware that Metro does not adopt or designate specific 2040 Growth Concept Center boundaries, but depicts locally adopted boundaries on the Urban Growth Management Functional Plan (UGMFP) Title 6 Centers, Corridors, Station Communities, and Main Streets Map, as well as in its State of the Centers Report and other publications. Issue 2: The City of Tigard did not follow requirements set forth in UGMFP Title 6, section 3.07.620.B.4, and did not provide notice to ODOT of a proposed boundary action While the City's intended Town Center boundary is currently shown on the Centers, Corridors, Station Communities, and Main Streets Map, that boundary is not based on adoption by City Council following notice to ODOT, and therefore is not valid in our opinion. The UGMFP Title 6, section 3.07.620.B.4 specifically requires that "Center boundaries be adopted and may be revised by the City Council ... following notice of the proposed boundary action to the Oregon Department of Transportation and Metro in the manner set forth in subsection A of section 3.07.820 of this chapter ". The City's request to Metro in December of 2010 to show the Tigard Triangle area as part of the Town Center did not follow this process as there was no City Council adoption and no notice was provided to ODOT. The proposed adoption at this time of amendments to the Comprehensive Plan Glossary - referencing a different Metro map - does not constitute adoption by City Council of a proposed boundary action. Issue 3: The proposal Tacks a Plan of Actions and Investments and land use regulations for the Town Center area, per Section 3.07 It is not clear what the City's intent is in revising its Town Center boundaries to include the Tigard Triangle. If the City wishes to be eligible for regional investments, lower mobility standards, and lower trip generation rates, as set forth in the UGMFP Title 6, the Planning Commission and City Council should be made aware that adoption of Town Center boundaries is not sufficient to gain such eligibility. In addition to adoption of a Center boundary, Section 107.620 requires performance of an Assessment and adoption of a Plan of Actions and Investments to enhance the Center in order to be eligible for regional investments. In addition to adoption of a boundary, Section 3.07.630.A requires adoption of land use regulations to allow the mix and intensity of uses specified in subsection B of section 3.07.620 of the UGMFP in order to be eligible to apply the V/C standards applicable to Town Centers in Table 7 of the Oregon Highway Plan (OHP). Table 7 designates Pacific Highway 99W in Tigard (from I- 5 to Tualatin Road) as an Area of Special Concern with a V/C standard of .95, so the Town Center V/C standards of 1.1 and .99 do not apply to OR 99W. It is the intent of ODOT, Metro, and the City of Tigard to develop alternative mobility standards along OR 99W as part of the Southwest Corridor Transportation Refinement Plan, which would replace both the Area of Special Concern and the Town Center V/C standards. Alternative mobility standards will be designed to allow adoption of higher densities and intensities of land uses supportive of High Capacity Transit in the corridor. ODOT is supporting this effort through its TGM grants for the Tigard HCT Land Use Plan and the SW Corridor Refinement Plan, as well as with significant additional resources. Issue 4: The proposal Tacks transportation actions to support the reduced trip generation rate assumptions for a Town Center. Finally, section 3.07.630 B applies to eligibility for trip reduction credits as part of Plan Amendments subject to the Transportation Planning rule (TPR) section -0060. In addition to adopting boundaries and land use regulations to allow the appropriate mix and intensity of land uses, the City must adopt a number of transportation actions that support the reduced trip generation rate assumptions, including local and arterial street design and connectivity, bicycle and pedestrian improvements, TSM and TDM, and a parking management program. Summary In summary, the proposed Comprehensive Plan Amendment does not constitute adoption of Center boundaries. More importantly, the City will need to adopt land use and transportation provisions in addition to Center boundaries in order to be eligible for regional investments, lower mobility standards, and lower trip generation rates. ODOT is supportive of the City's vision for its future and looks forward to continuing to work with the City on these critical additional steps. (da Lidwien Rahman hman Principal Planner Oregon Department of Transportation Agenda Item: Hearing Date: April .4. 2011 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: TIGARD 2011 ECONOMIC OPPORTUNITIES ANALYSIS ADOPTION FILE NO.: Comprehensive Plan Amendment (CPA) CPA2011 -00002 PROPOSAL: To adopt the Tigard 2011 Economic Opportunities Analysis as a component of Tigard Comprehensive Plan Goal 9: Economic Development; to amend the current Tigard Comprehensive Plan Goal 9: Economic Development goals, policies, and recommended action measures; and to amend Tigard Comprehensive Plan Glossary. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and Special Planning Area: Downtown; Metro Urban Growth Management Functional Plan Title 4; Oregon Administrative Rule 660, Division 9; and Statewide Planning Goals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14. SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission finds this request to meet the necessary approval criteria and RECOMMENDS the Tigard City Council amends the Tigaard.Comprehensive Plan as determined through the public hearing, process. STAFF RF.PORI TO THE PI_ANNING COMMISSION CPA 2011 -00002 l OA PAGE 1 OF 17 SECTION III. BACKGROUND INFORMATION Project History The City of Tigard is in State Periodic Review. One of the required Periodic Review work tasks is to conduct an economic opportunities analysis. The City received grant funds from the Oregon Department of Land Conservation and Development for technical consultant assistance to complete this task. The Tigard 2011 Economic Opportunities Analysis (Tigard 2011 FDA) was developed in compliance with OAR 660 Division 9 (Statewide Planning Goal 9: Economic Development) and is a technical study that compares projected demand for land for industrial and other employment uses to the existing supply of such land. The purpose of the Tigard 2011 1OA is to improve opportunities for Tigard to attract and maintain the type and quality of employment desired by its citizens, grow its economy, and maintain its quality of life. Goal 9 emphasizes the preservation and protection of vacant land for industrial and employment uses. This will happen by adopting policies that ensure an adequate supply of industrial and other employment lands within the City of Tigard. The Tigard Planning Commission acted as the advisory committee for the project, reviewing each task during the process to complete the Tigard 2011 EOA. The six tasks reviewed by the Planning Commission included: 1. Economic Development Vision and Goals 2. Economic Trends Analysis 3. Site Suitability Analysis (Land Demand) 4. Inventory of Suitable Sites (Land Supply) 5. Assessment of Potential (Reconciliation of Demand and Supply) 6. Implementation Policies and Action Measures The tasks included examining key demographic and employment opportunities and trends to assess Tigard's economic development potential, projecting employment growth, and determining short - and long term demand for employment land. This demand is compared to an inventory of suitable commercial and industrial properties (supply) to assess the sufficiency of immediate and longer - term (20 -year) supply of cornrnercial and industrial employment land in the City's Urban Planning Area (EPA). The document meets the state requirements for an economic opportunities analysis and acts as a resource for staff, decision makers, and the public. It identifies the preferred and need scenario that will accommodate the type of economic development activity projected and wanted by the community. One important task in the development of the Tigard 2011 EOA was to consider land use planning efforts already completed and the City's expectations for redevelopment of its centers and corridors. This allowed the process to build upon previously adopted plans to ensure consistency and continuity. The Tigard 2011 BOA serves as a component of the Tigard Comprehensive Plmt Goal 9. It identities the amount of needed employment and industrial land for the next 20 years and recommends goals and policies to preserve this land. These goals and policies will help to guide future decisions so it was important to ensure the goals and policies were coordinated with the entire Comp Plan. As part of the process, existing Goal 9 language, which was revised and adopted in March 2008, proved to be very comprehensive and only minor changes were recommended. In general, all goals STAFF REPORT'[( / THE PLANNING COMMISSICIN CPA 2011 -00002 I1.o/A PAGE. 2 01 17 and policies contained within the Tigard Comprebev doe Plan are intended to be supportive of one another. Proposal Description The primary intent of the amendment is to ensure the City's Comprehensive Plan remains a viable tool for decision - makers. By adopting the amendment, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure that Goal 9 of the Comprehensive Plan reflects current community conditions and values. SECTION IV. SUMMARY OF REPORT Applicable criteria, Commission findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Chapter 1: Citizen Involvement o Chapter 2: Land Use Planning o Chapter 5: Natural Resources and Historic Areas o Chapter 6: Environmental Quality • o Chapter 7: Hazards o Chapter 8: Parks, Recreation,'frails, and Open Space o Chapter 9: Economic Development o Chapter 10: Housing o Chapter 11: Public Facilities and Services o Chapter 12: Transportation o Chapter 13: Energy Conservation o Chapter 14: Urbanization o Special Planning Area: Downtown • Metro Urban Growth Management Functional Plan Title 4 • Oregon Administrative Rule 660, Division 9 • Statewide Planning Goals o Goals 1, 2, 5, 6, 7, 8, 9, 10, 1 1, 12, 13, and 14. City Department and outside aging comments SECTION V. APPLICABLE CRITERIA AND COMMISSION FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Fin dings: The amendment to the "Tigard Comprehensive Plan establishes policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type INT procedure, Legislative Amendment, as governed by Section 18.390.060G. STAFF REPORP TO THE P CC )Nhi ISSION CPA 2011-00002 WA PAGE 3 O 17 Chapter 18.390: Decision- Making Procedures Chapter 18.390.020. Description of Decision - Making Procedures 13.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large -scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The amendment to the Tigard Comprehensive Plan establishes policies to be applied generally throughout the City of Tigard. Therefore was reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendment was initially considered by the Planning Commission with City Council making the final decision. Chapter 18.390.060.G. Decision - making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: The Commission reviewed applicable Statewide Planning Goals, Metro Urban Growth Management Functional Ilan, Oregon Administrative Rule 660, Division 9, the Tigard Community Development Code, and the Tigard Comprehensive Plan. As indicated pursuant to the Commission's findings and conclusions found within this staff report the amendment is consistent with this criterion. CONCLUSION: Based on the analysis above, the Commission finds that the proposed amendment satisfies the applicable review criteria within the Tigard Community Development Code. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: General Findings Findinrc The City's Comprehensive Plan was adopted by the Tigard City Council in 1983, and acknowledged as being in conformance with the Statewide Planning Goals by the Land Conservation and Development Department (LCDC) on October 11, 1984. LCDC re- acknowledged the plan's compliance with the statewide planning goals through the Periodic Review process. Finding: The Commission finds that the following Comprehensive Ilan goals and policies apply to the amendment and the amendment satisfies the applicable goals and policies for the reasons stated below. During the course of public hearings, the Community Development Department and the Planning Commission provided all interested parties opportunities to identify, either orally or in writing, any other Comprehensive Plan goals or policies that might apply to the amendment. No additional provisions were identified. SPADE REIYIR'I' TO THE PLANNING COMMISSION C.PA 2011 -00002 IIIDA PAGE 4 OF 17 Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven clays in advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Information was distributed throughout the process via Cityscape articles and public meetings with the "Tigard Planning Commission acting as the advisory committee. Involvement opportunities included a series of seven public meetings held by the advisory committee and submitting written or oral comments at the meetings. Outreach methods also included updates to City boards and commissions. As part of the Comprehensive Plan Amendment process, public notice of the Planning Commission and City Council public hearings was sent to the interested party list and published in the March 17, 2011 issue of The 'Times. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the proposed amendment could be viewed. Policy 3. The City shall establish special citizen advisory boards and committees to provide input to the City Council, Planning Commission, and City staff. Findings: The Tigard Planning Commission acted as the advisory committee for the Tigard 2011 Economic Opportunities Analysis. The advisory committee helped guide the completion of the project by reviewing work products and providing advice and feedback to ensure the community's needs and aspirations were being captured in the update. The committee met seven times in public settings from July 2010 to March 2011. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross- section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of representation on the advisory committee and the opportunity for citizen input at the advisory committee meetings. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. STAFF RGI'OR'I" Tt )'I7 - IE PI ANNING I.ONINIISSION CPA 2011- 00012 E i A I'AGE 5 OF 17 Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Policy 2. The City shall utilize such communication methods as mailings, posters, newsletters, the internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings: Information was distributed throughout the process via the City's website, Cityscape articles, and a series of seven public meetings held by the advisory committee. Outreach methods also included updates to City boards and commissions. Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. Findings: Outreach methods included updates to City boards and commissions and a survey of community organizations, interest groups, and individuals with economic development backgrounds. The survey results can be found in Appendix I of the EOA. Chapter 2: Land Use Planning Goal 2.1 Maintain an up -to -date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program. Policy 1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. Findings: The amendment refines the general policy direction related to Tigard Comprehensive Plan Goal 9: Economic Development for the community. The policy statements are clear and serve the interests of the citizens. The development of the Tigard 2011 Economic Opportunities Analysis was required as a component of State Periodic Review and complies with Oregon Administrative Rule 660, Division 9, which governs the development of these studies in the state. Policy 2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. Findings: The amendment refines the general policy direction related to Tigard Comprehensive Plan Goal 9: Economic Development for the community. The Tigard 2011 Economic Opportunities Analysis compares projected demand to current supply of vacant employment and industrial lands to ensure the City's policies and implementing actions are sufficient to preserve the needed 20 -year supply of these vacant lands. The development of the Tigard 2011 EOA used current Tigard Comprehensive Plan policies and land use designations as part of the analysis of future vacant land needs as required by state law. The amendment is consistent with this policy. Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. sf vn: REPORT'TO THE II.ANNING COMMISSION CPA 2011-00002 EGA PAGE. 6 OP 17 Findings: The City sent out request for comments on the proposed amendment to all potentially affected jurisdictions and agencies. All were given 14 days to respond. Any comments that were received are addressed in Section VII: Outside Agency Comments of this Staff Report. Additionally, Metro and the Department of Land Conservation and Development staff provided input throughout the development of the Tigard 2011 EOA. Policy 5. The City shall promote intense urban level development in Metro - designated Centers and Corridors, and employment and industrial areas. Findings: The Tigard 2011 EOA identified and acknowledged the City's desire for, and the potential for redevelopment of these areas. Assumptions made about redevelopment and refill potential were based on City policy and Metro guidance to determine the amount of vacant employtent and industrial lands needed for the next 20- years. The amendment is consistent with the policy. Policy 20. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. Findings: The amendment is an update to Goal 9 of the Tigard Comprehensive Plan as required by State Periodic Review. The amendment adopts the Tigard 2011 EOA, which used the most reliable, up -to -date information to determine the 20 -year vacant employment and industrial land needs. The Tigard 2011 EOA ensures compliance with Oregon Administrative Rule 660 -009, which governs economic development planning in the state and requires this analysis. Findings of conformance to applicable state and regional requirements can be found in Section V of this Staff Report. Chapter 5: Natural Resources and Historic Areas Goal 5.1 Protect natural resources and the environmental and ecological functions they provide and, to the extent feasible, restore natural resources to create naturally functioning systems and high levels of biodiversity. Findings: As discussed in the findings made for Statewide Planning Goal 5, the amendment does not alter the City's acknowledged Goal 5 inventories or land use programs. No changes will occur to current Natural Resource protections as the result of adopting the Tigard 2011 EOA. The amendment does not conflict with goals and policies of this chapter of the Tigard Comprehensive Plan. Chapter 6: Environmental Quality Goal 6.1 Reduce air pollution and improve air quality in the community and region. Policy 3: The City shall promote land use patterns, which reduce dependency on the automobile, are compatible with existing neighborhoods, and increase opportunities for walking, biking, and /or public transit. S'I'AIVF REPOR1" 1'O THE P1ANNING COMMISSION CPA 2011 -00002 EOA PAGE 7 OF 17 Findings: The amendment is consistent with this policy as the Tigard 2011 EOA identifies the redevelopment of centers and corridors as an important economic development activity to ensure a 20 -year supply of vacant ctnployment and industrial lands. This redevelopment will result in more intense urban land uses that reduce the dependency on the automobile and increase opportunities for walking, biking, and public transit. The Tigard 2011 EOA analysis shows no rezoning of property is needed under the land efficient need scenario, thus avoiding potential conflict with existing neighborhoods. Chapter 7: Hazards Goal 7.2 Protect people and property from flood, landslide, earthquake, wildfire, and severe weather hazards. Findings: The adoption of the Tigard 2011 EOA has no impact on City policies or programs related to hazards. The development of the Tigard 2011 EOA used the City's buildable lands inventory to identify vacant employment and industrial lands. The buildable lands inventory excludes sensitive lands, including the 100 -year floodplain. The amendment is consistent with the policy. Chapter 8: Parks, Recreation, Trails, and Open Space Findings: The adoption of the Tigard 2011 EOA has no impact on City policies or programs related to parks. recreation, trails, or open space. However, Goal 9 acknowledges the benefits of these community amenities in attracting economic development. The amendment is consistent with this policy. Chapter 9: Economic Development Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy. Findings: The City is under State Periodic Review and required to complete an economic opportunities analysis. The development of the Tigard 2011 EOA complies with OAR 660, Division 9. It also used existing Tigard Comprehensive Plan policies, which were revised and adopted on March 6, 2008, as guidance during the process to complete the EOA. The amendment adopts the Tigard 2011 EOA, which compared the 20 -year projected demand for employment and industrial land to the existing supply. The EOA found that the land efficient need scenario would provide the necessary 20 -year supply of vacant employment and industrial lands. An adequate supply of land will support the development of the local economy. The EOA also recommended the addition of a policy to update the buildable land supply to monitor short and long -term supply as required by Statewide Planning Goal 9. Goal 9.2 Make Tigard a center and incubator for innovative businesses, including those that focus on environmental sustainability. Findings: The amendment adopts the Tigard 2011 EOA, which compared the 20 -year projected demand for employment and industrial land to the existing supply. The EOA found that the land efficient need scenario would provide the necessary 20 -year supply of vacant employment and STAFF REI'ORTI'O'1'11E PLANNING COMMISSION CPA 2011 -00002 EGA PAGE 8 OF 17 industrial lands. An adequate supply of land supports this goal. The EOA also recommended the addition of a policy to encourage businesses that are economically and environmentally sustainable, which supports this goal. Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. Findings: The amendment adopts the Tigard 2011 EOA, which compared the 20 -year projected demand for employment and industrial land to the existing supply. The EOA found that the land efficient need scenario would provide the necessary 20 -year supply of vacant employment and industrial lands. An adequate supply of land supports this goal. The EOA also recommended the addition of a policy to encourage neighborhood commercial uses for economic opportunity, efficient land use patterns, multi -modal transportation and neighborhood vitality, which supports this goal. Chapter 10: Housinn, Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policy 2: The City's land use program shall be consistent with applicable state and federal laws. Findings: The amendment establishes the general policy direction related to Tigard Comprehensive Plan Goal 9: Economic Development for the community. The development of the Tigard 2011 Economic Opportunities Analysis was completed as a requirement of State Periodic Review and complies with Oregon Administrative Rule 660, Division 9, which governs the development of these studies in the state. Policy 5: The City shall provide for high and medium density housing in the areas such as town centers (Downtown), regional centers (Washington Square), and along transit corridors where employment opportunities, commercial services, transit, and other public services necessary to support higher population densities are either present for planned for in the future. Findings: The amendment is consistent with this policy as the Tigard 2011 EOM identifies the redevelopment of centers and corridors, for housing and employment, as an important econotic development activity to ensure a 20 -year supply of vacant employment and industrial lands. This redevelopment will result in more intense urban land uses that reduce the dependency on the automobile and increase opportunities for walking, biking, and public transit. The Tigard 2011 EOA analysis shows no rezoning of property is needed to accomplish this policy. Chapter 11: Public Facilities and Services Goal 11.2 Secure a reliable, high quality, water supply to meet the existing and future needs of the community. Findings: The amendment adopts the Tigard 2011 EOA, which cotpared the 20 -year projected demand for employment and industrial land to the existing supply. The EOA found that the land efficient need scenario would provide the necessary 20 -year supply of vacant employment and SA.FI REPORT T0.11-111, PLANNING COb1a1ISS1(1N CI'A 2011- 00002 ECM PAGE 9 OF 17 industrial lands. The EOA also analyzed the capacity of the water supply and determined it was sufficient to accommodate short -term land needs and 20 -year projected employment growth as required by Statewide Planning Goal 9. Goal 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. Findings: The amendment adopts the Tigard 2011 EOA, which compared the 20 -year projected demand for employment and industrial land to the existing supply. The EOA found that the land efficient need scenario would provide the necessary 20 -year supply of vacant employment and industrial lands. The EOA also analyzed the capacity of the wastewater system and determined it was sufficient to accommodate short-term land needs and 20 -year projected employment growth as required by Statewide Planning Goal 9. Chapter 12: Transportation Goal 12.1 Develop mutually supportive land use and transportation plans to enhance the livability of the community. Goal 12.2 Develop and maintain a transportation system for the efficient movement of people and goods. Goal 12.3 Provide and accessible, multi -modal transportation system that meets the mobility needs of the community. Findings: The amendment is consistent with these goals as the Tigard 2011 EOA identifies the redevelopment of centers and corridors, for housing and employment, as an important economic development activity to ensure a 20 -year supply of vacant employment and industrial lands. This redevelopment will result in more intense urban land uses that reduce the dependency on the automobile and increase opportunities for walking, biking, and public transit. Chapter 13: Energv Conservation Goal 13.1 Reduce energy consumption. Policy 1: The City shall promote the reduction of energy consumption associated with vehicle miles traveled through: A. land use patterns that reduce dependency on the automobile; B. public transit that is reliable, connected, and efficient; and C. bicycle and pedestrian infrastructure that is safe and well connected. Findings: The amendment is consistent with this policy as the Tigard 2011 EOA identifies the redevelopment of centers and corridors, for housing and employment, as an important economic development activity to ensure a 20 -year supply of vacant employment and industrial lands. This redevelopment will result in more intense urban land uses that reduce the dependency on the automobile and increase opportunities for walking, biking, and public transit. Chapter 14: Urbanization STAFF 121:1 '1'1.11: PI .ANNING COMMISSION CPA 2011- 00002110A PAGE 10 01 17 Goal 14.1 Provide and /or coordinate the full range of urban level services to lands and citizens within the Tigard City Limits. Policy 6: The City shall, as needed, coordinate and /or participate in planning activities or development decisions within the Tigard Urban Services Area. Findings: The amendment adopts the Tigard 2011 EOA, which compared the 20-year projected demand for employment and industrial land to the existing supply. The EOA found that the land efficient need scenario would provide the necessary 20 -year supply of vacant employment and industrial lands within the Tigard Urban Planning Area, which is coincident with the Tigard Urban Services Area. Goal 14.2 Promote Tigard citizens' interests in urban growth boundary expansion and other regional and state growth management decisions. Policy 6: The City shall maintain the low- density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with Statewide Planning Goals and the Metro Framework Plan. Findings: The amendment is consistent with this policy as the Tigard 2011 EOA identifies the redevelopment of centers and corridors, for housing and employment, as an important economic development activity to ensure a 20 -year supply of vacant employment and industrial lands without the need for any rezoning at this time. This redevelopment will help maintain the low - density residential character of single family neighborhoods. Special Planning Area: Downtown Goal 15.1 The City will promote the creation of a vibrant and active urban village at the heart of the community that is pedestrian oriented, accessible by many modes of transportation, recognizes natural resources as an asset, and features a combination of uses that enables people to live, work, play, and shop in an environment that is uniquely Tigard. Findings: The amendment is consistent with this goal as the Tigard 2011 EOA identifies the redevelopment of centers (including Downtown) and corridors, for housing and employment, as an important economic development activity to ensure a 20 -year supply of vacant employment and industrial lands. This redevelopment will result in more intense urban land uses that reduce the dependency on the automobile and increase opportunities for walking, biking, and public transit. CONCLUSION: Based on the analysis above, the Commission finds that the proposed amendment satisfies the applicable goals and policies contained in the City of Tigard Comprehensive Plan. METRO URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN TITLE 4 Findings: The Regional Framework Plan calls for a strong regional economy. To improve the economy, Title 4 seeks to provide and protect a supply of sites for employment by limiting the SPAP IiEI'OR'l TO TIIE PLANNING COMMISSION CPA 2011-00002 FDA PAGE 11 OF 17 types and scale of non - industrial uses in Regionally Significant Industrial Areas (RSIAs), Industrial and Employment Areas. Title 4 also seeks to provide the benefits of "clustering" to those industries that operate more productively and efficiently in proximity to one another than in dispersed locations. Title 4 further seeks to protect the capacity and efficiency of the region's transportation system for the movement of goods and services and to encourage the location of other types of employment in Centers, Corridors, Main Streets and Station Communities. Metro staff has confirmed that the City of Tigard is in compliance with Title 4. The development of the Tigard 2011 Economic Opportunities Analysis involved discussions with Metro staff and Oregon Department of Land Conservation and Development staff. 'They were provided the opportunity to review and comment on all work leading up to the document proposed for adoption. The purpose of the collaboration was to ensure consistency and compliance with stare and regional requirements. This amendment (CPA20 1 1- 00002) adopts the Tigard 2011 Economic Opportunities Analysis, which was completed following the rules outlined in OAR 660, Division 9. The amendment sets policy related to a 20 -year supply of land and does nor affect compliance with Title 4. The amendment is consistent Tide 4. CONCLUSION: Based on the analysis above, the Commission finds that the proposed amendment is consistent with the Metro Urban Growth Management Functional Plan Tide 4. OREGON ADMINISTRATIVE RULE 660, DIVISION 9 Findings: The Land Conservation and Development Commission adopted Oregon Administrative Rule 660, Division 9 to implement Statewide Planning Goal 9 and "to provide an adequate land supply for economic development and employment growth in Oregon." The City of Tigard is currently in State Periodic Review, and Section 10 requires the review and amendment of comprehensive plans and land use regulations during periodic review. The City was required to complete an economic opportunities analysis as part of its periodic review work program to ensure compliance with this rule. The development of the Tigard 2011 Economic Opportunities Analysis complied with the rules outlined in Section 30, which requires multi- jurisdiction coordination. This was accomplished through collaboration with the Oregon Department of Land Conservation and Development and Metro, to ensure consistency with policies and regulations associated with Division 9 and the Metro Urban Growth Management Functional Plan Tide 4. Bode organizations were given the opportunity to review work products throughout the process. They were also afforded the opportunity for a final review with other affected jurisdictions /organizations. In addition, the Tigard 2011 EOA followed the rules set forth in Sections 15, 20, and 25. Section 15 outlines the necessary elements of an economic opportunities analysis. The Tigard 2011 EOA contains all necessary elements. Section 20 outlines the required and recommended policies to address in the comprehensive plan. The Tigard Comprehensive Plan, the Tigard 2011 11.0A and associated amendments comply with Section 20. Section 25 requires measures adequate to implement policies. The Tigard 2011 EOA addressed all necessary elements of Section 25 and is in compliance with Division 9. STAFF KI61'OI:I" I O Tim I'I .ANNING commISSION CPA 2011-00002 EOA PAGE 12 OF 17 CONCLUSION: Based on the analysis above, the Commission finds that the proposed amendment satisfies the requirements of Oregon Administrative Rule 660, Division 9. THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goal 1— Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: This goal was met through an extensive public involvement process. Information was distributed throughout the process via the City's websire, Cityscape articles, and a series of seven public meetings with the Tigard Planning Commission, who acted as the advisory committee. Outreach methods also included updates to City boards and commissions. As part of the Comprehensive Plan Amendment process, public notice of the Planning Commission and City Council public hearings was sent to the interested parties list and published in the March 17, 2011 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Findings: The amendment to the Tigard Comprehensive Plan is being undertaken to update the City's acknowledged Comprehensive Plan in a manner consistent with current conditions and citizen values. The amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision- making process. The amendment is included as a periodic review work program task. The City of Tigard was notified of commencement of periodic review in May 2008 and had its work program approved in April 2010. All noticing requirements have been met. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 5 — Natural Resources This goal requires the inventory and protection of natural resources, open spaces, historic areas and sites. Findings: The City is currently in compliance with the State's Goal 5 program and Metro's Title 13: Nature in Neighborhoods program, which implements Goal 5. The amendment does not alter the City's acknowledged Goal 5 inventories or land use programs. No changes will occur to current natural resource protections. As a result, the amendment to the Tigard Comprehensive Plan is in compliance with Goal 5 process requirements. SI'APF m'On To THE PLANNING CONIN1ISSION CPA 2011 - 000021 i0A PAGE 13 08 17 Statewide Planning Goal 6: Air, Water, and Land Resources Quality To maintain and improve the quality of the air, water, and land resources of the state. Findings: The City is currently in compliance with Metro's Title 3: Water Quality and Flood Management program, which implements Goal 6. The amendment does not alter the City's acknowledged land use programs regarding water quality and flood management protections. As a result, the amendment to the Tigard Comprehensive Plan is in compliance with Goal 6. Statewide Planning Goal 7 — Areas Subject to Natural Hazards To protect people and property from natural hazards. Findings: The City is currently in compliance with Metro's Title 3: Water Quality and Flood Management program, which implements Goal 7. The amendment does not alter the City's acknowledged land use programs regarding water quality and flood management protections. The City is currently a participant in the National Flood Insurance Progratn administered by the Federal Emergency Management Agency. The amendment does not alter the City's participation. As a result, the amendment to the Tigard Comprehensive Plan is in compliance with Goal 7. Statewide Planning Goal 8 — Recreational Needs This goal requires the satisfaction of the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Findings: The City is currently in compliance with Statewide Planning Goal 8. The amendment does not alter the City's acknowledged Goal 8 policies or land use programs. As a result, the amendment to the Tigard Comprehensive Plan is in compliance with Goal 8. Statewide Planning Goal 9: Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Findings: The City is currently in compliance with Goal 9 and Metro's 'Title 4: Industrial and Other Employment Areas through its acknowledged Comprehensive Plan. This amendment is required as part of State Periodic Review and OAR 660, Division 9. The amendment adopts the Tigard 2011 EOA, which was completed following the rules outlined in Division 9 and compares projected demand to current supply of vacant employment and industrial lands to ensure the City's policies and implementing actions are sufficient to preserve the needed 20 -year supply of these vacant lands. The Department of Land Conscn-ation and Development, who administers Division 9, was consulted throughout the process and were requested to submit comments. Any comments can be found in the Outside Agency Comments section. The adoption of the Tigard 2011 EOA and the amendment to the Tigard Comprehensive Plan maintains the City's compliance with Goal 9. Statewide Planning Goal 10: Housing To provide adequate housing for the needs of the community, region and state. Findings: The City is currently in compliance with Goal 10 and the Metropolitan 1- lousing Rule (OAR 660 - 007 /Division 7), and Metro's 'Title 1: Requirements for Housing and Employment Accommodation, and Title 7: Affordable Housing. The adoption of the Tigard 2011 EOA does not alter the City's compliance with Goal 10. The amendment compares projected demand to current supply of vacant employment and industrial lands to ensure the City's policies and SITAPP REPOR"I'TO'I'I IIL PLANNING COMMISSION CPA 2011 -00002 EOA PAGE 14 OF 17 implementing actions are sufficient to preserve the needed 20 -year supply of these vacant lands. The amendment to the Comprehensive Plan is in compliance with Goal 10. Statewide Planning Goal 11: Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Findings: The City is currently in compliance with Goal 11 through its acknowledged Comprehensive Plan. This includes an adopted Public Facility Plan as required by Oregon Revised Statute 197.712 and Oregon Administrative Rule 660 -011. The amendment does not alter the City's acknowledged Goal 11 policies or plans. As a result, the amendment to the Tigard Comprehensive Plan is in compliance with Goal 11. Statewide Planning Goal 12: Transportation To provide and encourage a safe, convenient, and economic transportation system. • Findings: The City is currently in compliance with Goal 12 and Metro's Regional Transportation Plan through its acknowledged Comprehensive Plan and Transportation System Plan as required by Oregon Administrative Rule 660 -012 (Transportation Planning Rule). The amendment adopts the Tigard 2011 EOA and does not alter Goal 12 plans or policies. As a result, the amendment to the Tigard Comprehensive Plan is in compliance with Goal 12. Statewide Planning Goal 13: Energy Conservation Land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based on sound economic principles. Findings: The City is currently in compliance with Goal 13 through its acknowledged Comprehensive Plan. The adoption of the Tigard 2011 EOA does not alter the City's compliance with Goal 13. As a result, the amendment to the Tigard Comprehensive Plan is in compliance with Goal 13. Statewide Planning Goal 14: Urbanization To provide for an orderly and efficient transition form rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Findings: The City is currently in compliance with Goal 14 and Metro's Title 11: Planning for New Urban Areas through its acknowledged Comprehensive Plan and land use regulations. The City also has a signed Urban Planning Area Agreement and Urban Services Agreement as required by ORS 195.065 and ORS 197. This amendment is required as part of State Periodic Review and OAR 660, Division 9. The amendment adopts the Tigard 2011 EOA, which was completed following the rules outlined in Division 9 and compares projected demand to current supply of vacant employment and industrial lands to ensure the City's policies and implementing actions are sufficient to preserve the needed 20 -year supply of these vacant lands. The adoption of the Tigard 2011 EOA does not alter the City's compliance with Goal 14. The amendment is consistent with this goal. CONCLUSION: Based on the analysis above, the Commission finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. S "tA1 RLl'ORTTO "fl -Ili PLANNING COMMISSION CPA 2011-00002 EGA PAGE. 15 OF 17 SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Current Planning Division, Administrative Department, Public Works Department, and Police Department has had an opportunity to review this proposal and have no objections. CONCLUSION: Based on no comment from City staff, staff finds the proposed amendment does not interfere with the best interests of the City. SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies /jurisdictions had an opportunity to review this proposal and did not respond: City of Beaverton City of Durham City of King City City of Lake Oswego City of Portland City of Tualatin Clean Water Services Metro Land Use and Planning Oregon Department of Land Conservation and Development Oregon Department of Transportation, Region 1 Oregon Department of Transportation, Region 1, District 2A Tualatin Hill Parks and Recreation District Tualatin Valley Fire & Rescue Washington County, Department of Land Use and Transportation Tualatin Valley Water District had an opportunity to review this proposal and has no objections. CONCLUSION: Based on responses from outside agencies listed above, the Commission finds the proposed amendment meets all requirements of these agencies and is consistent with the best interests of the Cirv. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, applicable regional, state and federal regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. STAFF REPOR I"I to THE PLANNING CONIINIISSION CPA 2011-00002 I.OiA PAGE 1601; 17 ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN. S 41 March ze, 2011 PREPARED BY: Darren Wyss DATE Senior Planner �' (G ( ( 7 e' March 28, 2011 APPROVED B : Ron Bunch DATE Comtnunity Development Director � I j I I � STAFF REPORT TO '11-1E PLANNING COMMISSION CPA 2011 -00002 ECM PAGE 17 OF 17 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes April 4, 2011 CALL TO ORDER President Walsh called the meeting to order at 7:05 Rm. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. ROLL CALL Present: President Walsh Vice President Anderson Commissioner Doherty Commissioner Rogers Commissioner Shavey Absent: Commissioner Muldoon; Commissioner Hasman; Commissioner Rvan; Commmissioner Schmidt Staff Present: Susan Hartnett, Assistant Community Development Director; Darren Wyss, Senior Planner; and Doreen Laughlin, Confidential Executive Assistant Also Present: City Council Liaison Marc Woodard COMMUNICATIONS — Commissioner Shaver reported he'd gone to a meeting on Tuesday night regarding downtown. He said it was a good meeting with 30 or 40 people there. He gave a brief overview of the agenda of that meeting. President Walsh spoke about the positive changes that he'd seen and experienced on Pacific Highway lately. He wanted to go on record that he would like to commend the excellent work of the Tigard staff — particularly Engineering and Public Works - on that project. He said the improvements are remarkable and that everyone who drives it is benefiting from it. The rest of the commissioners agreed and wanted to be included in commending staff on their fine work. CONSIDER MEETING MINUTES March 21 Meeting Minutes: President Walsh asked if there were any additions, deletions, or corrections to the March 21 minutes; there being none, Walsh declared the minutes approved as submitted. I: \I.RPI.N \Phoning Commudon \2011 PC Packaa \4 -4 -II PII - I!OA; PC Gmk and N kiln \'Ile Lime +J-11 tine Page 1 of 6 PUBLIC HEARING OPENED: (CPA) 2011- 00002- TIGARD COMPREHENSIVE PLAN AMENDMENT TO ADOPT THE TIGARD 2011 ECONOMIC OPPORTUNITIES ANALYSIS REQUEST: To adopt the Tigard 2011 Economic Opportunities Analysis as a component of Tigard Comprehensive Plan Goal 9: Economic Development; to amend the current Tigard Comprehensive Plan Goal 9: Economic Development goals, policies, and recommended action measures; and to amend Tigard Comprehensive Plan Glossary. The complete text of the proposed amendment can be viewed on the City's website at http: / /www.tigard- or.gov /code_ amendments. LOCATION: Citywide STAFF REPORT Darren Wyss, Senior Planner, went over the staff report (the staff report is available to the public one week before the hearing.) He then presented a PowerPoint presentation (Exhibit A). Wyss entered into the record a letter dated 4/4/11 (Exhibit B) in which ODOT had 4 issues. Wyss explained how the city had addressed, and is addressing, these issues: • Issue 1: Map Reference • Changes to map reference in Glossary (See replacement page 9 — (Exhibit C) which Wyss entered into the record. • Issue 2: Adoption requirements • ODOT does not feel we're following proper adoption requirements; however, we've been following Metro's guidance on this and have spoken to them. They said it was up to them (Metro) to determine whether we've appropriately adopted it into our Comprehensive Plan. We have been following Metro's guidelines so we believe we're doing the appropriate thing. It's up to Metro to make that decision — not ODOT. • Issue 3: Plan of Actions /Investments /Land Use Regulations • Issue 4: Need for Transportation Actions — spelled out in the Metro Functional Plan • The City of Tigard is fully cognizant of the need to do these things but the adoption of the expanded Triangle boundaries through this glossary is just the first step towards setting the foundation —we're doing those actions as part of the Tigard Triangle planning process and also the High Capacity ].,and Use Planning process that is currently beginning at this point in time. We feel there is no issue moving forward with the amendment as proposed and if Metro decides that this wasn't the appropriate way to do it we'll address that in the future. I: \LRPIN \Planning Comm;,sioo \2011PC Packets \4 -I -11 P11 - 10A; PC Owls And \\ki'h,Vll'C \Ih]mts d -■11 doc Page 2 of 6 QUESTIONS FROM THE COMMISSIONERS So we'll just move forward being aware of this? Is that what you're saying? The purpose of this is to adopt the Economic Opportunity Analysis — so regardless of whether this definition adopts the expanded boundary into our Comprehensive Plan — it has no bearing as to whether or not the E0 \ is getting adopted. So the glossary can be changed at a future time — which would, in essence, change that boundary? Yes. Or if they required us to actually bring a map forward and adopt the map, then we could do that. STAFF RECOMMENDATION Staff recommends the Planning Commission fmds this request to meet the necessary approval criteria and RECOMMENDS the Tigard City Council amends the Tigard Comprehensive Plan as determined through the public hearing process. TESTIMONY IN FAVOR - None TESTIMONY IN OPPOSITION — None CLOSED PUBLIC HEARING At this point, President Walsh opened the meeting up for deliberations. DELIBERATIONS None MOTION The following motion was made by Commissioner Doherty, seconded by Commissioner Shavey: "1 move for approval and adoption of the findings and conditions of approval contained in the staff report of the 2011 Economic Opportunities Analysis that staff recommended for draft application CPA201 1- 00002- along with the replacement page 9 glossary." The motion was approved unanimously. At this point, Wyss explained that the next step would be to draft the transmittal memo and distribute it to the Planning Commission for their review. The resulting memo will be passed along to Council. He reminded them that Commissioner Shavey had volunteered to attend the Council hearing and say a few words in support. \I.NPI.N \Planning Commission \Mu PC e,cke \4-4 -u P11 • eon; PC Goals nd Wk„in arc Nhnutti 4.4.1 I a,. Page 3 of 6 WORK SESSION — PLANNING COMMISSION GOALS AND WORKPLAN Susan Hartnett, Assistant Community Development Director, updated the commissioners on the PC Matrix which was the tool developed for the Planning Commission last year. The primary purpose of that Matrix is to give the Commissioners an idea of when important projects will be coming before them and in what type of situation, workshop versus public hearing - that kind of thing. There. vas a lengthy discussion on the Planning Commissioners ideas for their 2011 goals and work plan. Hartnett summed up the discussion at the end and reviewed the main points below: • Intercity /interregional outreach and better understanding agendas for adjoining cities and regional organizations — and perhaps attending some meetings. Hartnett will figure out how to frame that as a goal statement. • Technical growth /education /knowledge expansion... a goal related to that. She has a list of about five different topic areas but will probably make a statement about trying to incorporate maybe one major event a year and a couple of minor events. The thinking being Sheila Martin's discussion on Economic Development as being a fairly major event. Judith Gray's presentation on TPR would be considered a "minor" event. That's kind of the scale in terms of what would be put into a goal statement. • Not only will there be goal statements but also "goal objectives." Hartnett believes it's helpful to have an objective by which you can measure your progress. So if we say We want to do some educational activities and say — one major and three minor events — we can check them off as we do them. The idea is to have them be rneasureablc. • 'i he last two have to do with supporting the broader city goals — some of which are found in the Council goals and some of which are found in the Planning Commission's charge as a hearing body and a decision snaking body on quasi- judicial items. • Some sort of measurable objective on the Tigard Triangle. The Commission agreed that was a good synopsis of the ideas that had been brought forward. At this point Hartnett reminded the Commissioners that there is a joint Planning Commission /Council meeting scheduled for Tuesday, May 17th. It would be their annual opportunity to get together with Council and talk about the Planning Commission's goals... the Council goals... what's happening — what's working and what's not - that kind of thing. President Walsh asked the Planning Commission Secretary that, if at all possible, some time could be budgeted during the May 2 "a Planning Commission meeting to get their heads together about this - basically a short period of time to plan for that upcoming joint meeting. o \LRPLN\Plannkng C nmi,s6m \2011 PC Packets \C +urtiasoe; PC Guk and NripmVIPC \■imrts .4,1 1 d, Page 4 of Laughlin advised them that two hours was already scheduled for that evening but that they could put aside some time in there to have that discussion. The question was asked if there will be a May 16th Planning Commission meeting. Laughlin answered that yes, there is a public hearing and a workshop as well scheduled for that night - so the Commissioners will have two meetings in a row that week. Monday, the 161', is the regular Planning Commission meeting and Tuesday the 17th, is the joint PC /Council meeting. She said she tried to make it so that the 16 was a free night for the commissioners but, due to the public hearing, that couldn't be done. HIGH CAPACITY TRANSIT (HCT) / TIGARD TRIANGLE Hartnett took some time to talk about the High Capacity Transit / Tigard Triangle activities. She reminded the commissioners than last year she had promised that staff would put together some sort of "Tigard Triangle Visioning exercise — and that she wanted to see it happen in conjunction with the HCT Land Use Plan. She said getting going on that plan got delayed quite a long time outside of their control — however, it is up and running now. Some of the main timelines she spoke about are below: • A Design Workshop is scheduled for May 25th to talk about the full range of typologies — what would a neighborhood, downtown, office oriented area, Hwy 99 redevelopment type of thing - look like — what would the characteristics be? • Consultants and the HCT Team will come to the Planning Commission's regularly scheduled meeting on June 611. It will be a workshop style of setting. The commissioners will not be behind the dais but everyone will sit around a large table, and the consultants and HCT team will walk them through the typologies they've come up with. Are there fatal flaws? They will zero in on typologies that might apply to the Tigard Triangle. • After the workshop, the consultants will develop an alternatives technical memo saying if you have this typology and this location — how will they function? • After the memo - sometime in July, there will be a 4 to 6 hour event scheduled for a visioning exercise regarding the typologies. OTHER BUSINESS Susan Hartnett announced to the commissioners than the Planning Commission Secretary, Doreen Laughlin, had been promoted to the position of Confidential Executive Assistant for the Cotmnunity Development Department. She will be working directly for CD Director, Ron Bunch. At Doreen's request, she will continue to support the Planning Commission as long as she is able to handle it along with her other work. 1f /when the economy (and development) picks up to the point of being very busy again, she may need to pass the PC support baton along to the new (yet to be hired) Senior Administrative Assistant. But for I: \LRPLN\ Planning Commission \'- PII PC Pocket \4 -4 -11 P11 -ICOA; PC G02b. And \1kpIn\IPCfGnums.1. 1 -1I.dbc Page 5 of 6 now, she plans to continue with the group. Everyone congratulated her and wished her well in her new position. ADJOURNMENT President Walsh adjourned the meeting at 8:25 p.m. Doreen Laughlin, Planning Commission Secretary ATTEST: President Wash \LRPIN \Planning c.,,n!nissi,n\mu PC Packet, \44 -o PI I - roe; PC Goals use akpLATrc %suns 1 -1.11 dos Page 6 of 6 5/3/2011 C I T Y OF T 1 G A R D Respect and Care 1 Do the Right Thing 1 Get it Done City of Tigard Economic Opportunities Analysis City Council Public Hearing I May 10, 2011 C I T Y O F 'P I G .1 R D Economic Opportunities Analysis ► Required by OAR 660, Division 9 ► Tigard Periodic Review Requirement / Technical Study / Compares projected 20 -year industrial and employment land demand to existing supply / Ensure adequate supply of land for industrial and employment uses 1 5/3/2011 ( 1 "I 1" O I' T 1 (; .\ 12 1) EOA Process City o(Tignd • Economic Opponunine. Anal, tit 1 Tn.i 6 Mpk,Maomo ,r.i. sr.n.w..ia —... • inommend HOY a 1p � . ..o.._m... 1 • 1 1. 1 1( ■ k 1 Task 1: CEDOs 1. Encourage family -wage jobs 2. Develop existing industry clusters 3. Promote efficient development of employment lands 4. Ensure flexible and adaptive regulatory practices 5. Focus growth in designated centers and corridors 6. Limit retail and service uses in industrial areas; support neighborhood commercial areas 7. Encourage businesses that are environmentally and economically sustainable 2 5/3/2011 I I 1 1 1 1 (, \ I; 1> Task 2: Trends Analysis ► Forecast job growth by sector / What type of growth is probable for Metro region? / What type of growth do we want in Tigard? / Family -wage employment / Targeted clusters 1 i (, Task 3: Site Suitability Analysis (Demand) ► Project land needs based on forecast job growth / Analyzed three "land need" scenarios / Floor space needed to accommodate growth General job sector by building type Redevelopment /vacant building assumptions ► Vacant land needs 3 5/3/2011 CITY 01 •I• 10.1r 1 Task 4: Inventory of Suitable Sites (Supply) ► Buildable lands analysis / Supply of vacant industrial, commercial, and mixed -use zoned properties ► Redevelopment potential 1 Based on improvement to land ration ► High, moderate, and low potential / Check capacity to accommodate cluster needs 1 1 ,1 1 1 1 \ it u Task 4: Inventory of Suitable Sites (Supply) -;' r r.dr ` \ a . 1 . !. vs B �. ..., t ; , 4 .,, ' + a 1 4 5/3/2011 C i 1' Y 0 I '1' 1 G R I, Task 5: Assessment of Potential / Reconciliation of demand vs. supply / Analyzed three "land need" scenarios / "Land efficient" scenario is appropriate / Requires no rezoning of vacant properties / Consistent with current conditions and identified redevelopment "vision" r 1 1 r 1k, .v k i, Task 5: Assessment of Potential / City has limited supply of vacant industrial & employment lands / City is limited in ability to expand boundaries / Good supply of "high redevelopment potential" / Redevelopment "vision" / Downtown, Triangle, Pacific Hwy Corridor, WSRC / Future opportunity with HCT 5 5/3/2011 C I T Y 0 F T 1 (; \ It 1) Task 6: Implementation Recommendations / Review existing Comp Plan language / Two types of recommendation: ► Implement the EOA (policies) • CEDOs • State requirements • Commission suggestions / Address future economic development activities (recommended action measures) 1 I 1 I \ I; I) ODOT /Metro Comment Letters ODOT comment letter to Planning Commission 1 Disagrees with approach ► Commission suggested verification from Metro Metro comment letter / Supports assumptions in EOA ► Clarified thoughts on Tigard Town Center boundary / No direct impact on adoption of EOA 6 5/3/2011 C I T Y 0 I I 1 G .\ R 1) Questions? r COMMUNITY M NEWSPAPERS 6605 SE Lake Road, Portland, OR 97222 • PO Box 22109 Portland OR 97269 -2109 Phone: 503 - 684 --0360 Fax: 503- 620 -3433 E -mail: legalsecommnewspapers.com AFFIDAVIT OF PUBLICATION .(ttAliq 4, *,� State of Oregon, County of Washington, SS PUBLIC:I;: I, Charlotte Allsop, being the first duly sworn, The follows kbe constdered. b the depose and say that I am the Accounting _ Tigard P1 s I ' ommission on, Mo nday Manager of The Times (serving Tigard, A a ril 4 1 l 1 00 P i, and the T Tualatin & Sherwood), a newspaper of Ci Co '11:1, ° , 1.I t. Ma ; , . '.- 7:30 PM a ;1 d Civic Cen 2 111 at ai - T g eneral circulation, published at Beaverton, ' �� a Hall, 131 i � d : , Tigar° O eg oown n. the aforesaid county and state, as defined Public ora) 1 11 e , t1 , - a� led by ORS 193.010 and 193.020, that T I G /t R D Thep lic , n I ,. , . ( e 1 ' tl��I under X p i ° � at°�° 4 ° City of Tigard by the�Coun id a 1,1 i it y R o� Notice of Public Hearing /CPA2011 -00002 the rules of procedure k °,,, h 7E g,.6 t TT11529 18.390.060.E. The Planning Co.' 1 ° I , � t �� purpo of ma king a re mm ° on ° ' e ° ,— • the request. The Couner ` l tlti • hold a tlb , E �� . A copy of which is hereto annexed, was �� ublished in the entire issue of said request prior to making a ec , p Further information may be 4 w r ° >5 ° ti # 1 1 t) i newspaper for Planning Division (Staff cos : fl ► i 1 Hall Et y,.4, Ti gard, Oregon 9'f 2 b l - -2 ` week in the following issue: - 1 z y r March 17, 2010 e n ::4% -`( �, 11 I ,1 V ' I - a i'li 3 8: P B,I 5 :.: :.: ' ' ''' ' `, T ' . - ' r 1 -s - , 04 0( : To 'adopt the T ''..;r;'; ,°nbtl c'Oppo ° es Charlotte Allsop (Accounting Ma OJJ4-- f er uET p ' � liras a component Tigar° � Comprehenstve 151at1- :Economic Developrneat; to amend the current Tigard` pubscribed and sworn to before me this , m Frehensive Plan Goal 9_ : Economic '401.4.100t = March 17, 2010. 1� 'tes, and recomme a tion meas an to ui en . :4' r , o gw 'Comprehensive �� Glossary Th ,T ` e op osed amendmedt be viewed oil tlr s 1 i • �� t h ,i : / /www.tigard -or tl1 n ,,° nt an ent $.: L: .. . 'de. ZONE. All ` 0 t ,1 D istr r a I !TARY PUB C F R OREGON ---;:--- C RI A 4 9 • rty Developmet od commission expires �t ,1 ! r \ � ° e rs 1 838 0 Wand 1 a C P an ,vl 1£ • , 6, 7, 8 9 , 0, 11L,- , . , 4 g. al P it k , . Acct #10093001 owntown; Ore 4 : . 4, e e ° ° 0 D vision ; Attn: Doreen Laughlin , atewide Planning Goals , ` .4,,,, t 7, 8 9 10,11, .12, 1 , an pity of Tigard 'i4. . t �� A -�1 4 . 1152 blish 03/1 ° 0 13125 SW Hall Blvd j { . R � £� _....., . __...�., .�,�,k.� ... .. r , rte: a �v_.4..: �._ ��:„.._ ..,, Tigard, OR 97223 Size: 2 x 5.75 f"'° � OFFIC SEAL Amount Due: $96.03* , `'^ ' , S, JAMES J. FODELMESI *Please remit to address above. ^ p, NOTARY PUBLIC — OREGON F �; vie COMMISSION NO.417623 MY COMMISSI • i. . IRES MAY 21 2011 't. AIS -415 Item #: 5. Business Meeting Date: 05/10/2011 Length (in minutes): 20 Minutes Agenda Title: Presentation on Status of Transportation Planning Rule and Related Issues Submitted By: Judith Gray Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE This is a Council briefing on recent state actions related to the Oregon Transportation Planning Rule (TPR) and potential impacts on land use and transportation opportunities in Tigard. STAFF' RECOMMENDATION / ACTION REQUEST No Council action is requested. KEY FACTS AND INFORMATION SUMMARY When originally adopted by the Department of Land Conservation and Development (LCDC), the Oregon Transportaton Planning Rule (TPR) was intended to coordinate land use decisions with the requirements of the state's transportation system. The purpose was to ensure that traffic resulting from land development did not overburden the capacity of state roads and highways. Since the rule was adopted in 1991 congestion has become commonplace and the cost of road improvements have skyrocketed. The result is that the TPR has constrained many communities' ability to develop efficient, compact urban areas. Tigard's Downtown and the Tigard Triangle and Downtown are good examples of this. In 2011, the LCDC and the Oregon Transporttion Commission (OTC) approved the recommendations of ajoint subommittee to modify the TPR and the Oregon Highway Plan (OHP). The purpose is to allow cities to respond to urban growth needs and more realistically address associated transportation requirements. A memorandum from staff is provided (Attachment I) with more details related to TPR background, the joint OTC / LCDC subcommittee and its final recommendations. A memorandum prepared by Metro staff for JPACT and MPAC is also provided (Attachment 2) with a brief summary of the regional policy perspective on these actions. OTHER ALTERNATIVES n/a COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Id. Work with state and regional partners to modify the Transportation Planning Rule 2. Implement Downtown and Town Center Redevelopment Opportunities DATES OF PREVIOUS COUNCIL CONSIDERATION None City of Tigard TIGARD Memorandum To: Mayor Dirksen and City Council From: Judith Gray, Senior Transportation Planner Re: Transportation Planning Rule Update Date: April 26, 2011 The statewide Transportation Planning Rule (1'PR) was adopted by the Land Conservation and Development Commission (LCDC) in the 1990's to provide a link between land use and transportation planning. The TPR is administered under the direction of the Oregon Transportation Commission (OTC). Over the years, TPR requirements related to transportation congestion have limited development opportunities in many communities due to an inability to meet state highway performance standards, as identified in the Oregon Highway Plan (OHP). In April 2011, LCDC and OTC directed staff to undertake a fast -track process to identify changes to the TPR and the OHP to remedy these issues. This memorandum provides an update of these efforts. TPR Background Among communities throughout the state, there are frequent concerns about the TPR (OAR 66 -12) related to a relatively short section of the rule. This section ( -0060) deals with proposed changes in adopted zoning maps or comprehensive plans. For such changes, the TPR requires a determination of "significant effect" on the transportation system. Basically, a significant effect occurs if 1) a proposed change would cause traffic operations to fall below performance standards, or 2) on an already failing facility, a proposed change would make traffic operations worse. The performance standards for state highways are identified in the Oregon Highway Plan (OHP). When a proposed land use change will have a "significant effect" the TPR provides several potential remedies. The remedies include: increase capacity of the roadway; improve non- automobile travel options; create mixed -use developments that are more efficient in terms of trip generation; and /or, adopt an "alternative mobility standard" for the roadway. Transportation Planning Rule Update April 26, 2011 Statewide TPR Efforts While current rules and policies provide potential remedies to issues resulting from the TPR, their effectiveness is limited by several factors including the long timelines and technical limitations of the current accepted methodologies. In September 2010, LCDC invited government representatives to testify regarding local concerns about TPR impacts to development patterns and opportunities. In January 2011, the Land Conservation and Development Commission (LCDC) and the Oregon Transportation Commission (OTC) formed a joint subcommittee to consider the following questions: 1. Whether to initiate formal rulemaking on OAR 660- 012 -0060 and whether to request that the OTC consider amending related provisions of the OHP. 2. What are the highest priority issues that should be addressed in any proposed rulemaking? 3. How should the process be structured to recognize the joint authority of LCDC and OTC concerning these issues? The subcommittee process included the following activities: • January 21, 2011: The kick -off meeting was held to provide background presentations by staff and hear a panel discussion with three city planners (myself included), a city attorney, a regional planner, and a transportation engineering consultant. • February 15, 2011: A discussion of a draft framework of issues and options; public testimony from fourteen people. • March 17, 2011: Committee chair and staff attended a joint meeting of the Retail Task Force, International Council of Shopping Centers, and the Commercial Real Estate Economic Coalition. • March 1 -March 22, 2001: On -line survey to identify priority TPR and OHP issues needing to be addressed. • The subcommittee also reviewed written testimony previously submitted to LCDC on these issues and over twenty pieces of written testimony received during their proceedings. • March 30, 2011: Final subcommittee meeting, resulting in a prioritized list of five recommendations to LCDC and five recommendations to OTC. The recommendations are summarized below. Recommendations to LCDC - TPR Amendments 1. Exempt rezonings consistent with comprehensive plan map designations This proposal would have minimal, if any, effect in Tigard. It would address situations where the comprehensive plan does not match the zoning map, and where transportation analysis has already been done either in the - ESP or at the time the comprehensive plan designation was set. The rulemaking process would have to define the type, level, and timing of prior planning and analysis that qualifies for this exemption. 2 Transportation Planning Rule Update April 26, 2011 2. Practical mitigation for economic development projects This proposal would allow consideration of the tradeoffs between economic development and transportation impacts to determine the appropriate level mitigation. The amendment would not completely eliminate the requirement to provide mitigation for traffic impacts, but could allow development to proceed with a lower level of mitigation. Another concern is that transportation projects to add capacity do not always come in small increments. Practical mitigation may include a mechanism for payments towards a large transportation project in lieu of construction by an individual developer. 3. Exempt upzonings in urban centers This proposal is based on the principle that intense development within UGBs, and especially within central locations, is actually better for the overall transportation system and providing efficient services when compared to the same amount of development spread out along the urban fringe, because it reduces trip lengths and increases the options for walking, biking or transit. It would be important to define the specific areas or types of areas to exempt. The definition will involve higher densities, mixed uses, and multi-modal accessibility. Part of the definition could be that the local jurisdiction has prepared a plan for the area as a center. 4. Address traffic at time of UGB expansion This issue was one of the most commonly mentioned in the survey. The concern is that transportation performance is best considered at a more general level when expanding an urban growth boundary (UGB) rather than when rezoning to implement the plan. It is possible that addressing this issue would lead to amendments in the UGB rules (OAR 660 -024). An important issue in the rule- making process will be the appropriate level of detail for transportation planning at the time of UGB expansion. 5. Technical clarifications: TSP update and multiple planning periods These two issues would not involve major shifts in policy, but would clarify issues that could otherwise cause problems in specific situations. The issue with TSP updates is that it is not clear whether TPR 0060 applies. It does apply to a minor amendment (e.g. to remove a planned facility); in past practice it has not been applied for major TSP updates (i.e. updating the plan horizon year), but this is not explicit in the text. The issue with multiple planning periods comes up for cities within a metropolitan planning area where the Regional Transportation System Plan has a different horizon than the city's TSP. Recommendations to OTC — OHP Amendments & Guidance Documents 1. Exempt proposals with small increase in traffic There is concern that an increase of a single trip as a result of a proposed zone change or change in land use regulation is enough to qualify as a "significant" effect under'I'PR Section 0060, even though a single trip would not be "significant" in ordinary usage of the term. A provision could be considered to define a trip threshold for the purposes of TPR analysis on 3 Transportation Planning Rule Update April 26, 2011 state highways. This definition of significant effect would provide relief for smaller projects and would promote more efficient timing in development review. 2. Use average trip generation, not reasonable worst case This issue was one of the most commonly mentioned in testimony and the survey. Under current practice, when projecting the traffic that could result from a rezoning, the analysis must assume full build -out of the area with the types of development that would generate the most traffic, or at least assume the highest reasonable development. The requirement of "reasonable worst case" analysis comes from case law in Land Use Board of Appeals (LUBA) decisions. It may be more realistic to assume average trip generation, especially for legislative amendments covering larger areas as opposed to quasi - judicial applications involving a single parcel and a specific proposed use. 3. Streamline alternate mobility standard development Alternate mobility standards provide one of the primary areas for flexibility in the OHP. The concern is that timelines and processes for alternate mobility standard development are too complex and time consuming for it to be a fully effective tool in a number of situations. ODOT should review expectations for alternate mobility standards and streamline their development through enhanced guidance and staff procedures as well as modified policies if needed to make this a more effective, efficient and predictable tool. 4. Corridor or area mobility standards Current methodologies focus the evaluation of congestion at an intersection level using volume -to- capacity (v /c) ratios. This technique does not accurately reflect the wider impacts of congestion, which may be better measured (and perhaps mitigated) beyond the development site over a wider corridor or area, rather than at a point- specific or intersection - specific location. 5. Standardize a policy framework for considering measures other than volume -to- capacity ratios (v /c) Volume -to- capacity ratios (v /c) measured during peak hours have limitations in highly congested conditions, making application difficult in many areas - especially in large urban areas. There are also concerns that v/c based measures focus only on site - specific locations and lack the multimodal considerations that other measures would provide. ODOT should analyze and implement options for expanded measures beyond and /or supplementing peak hour v /c. The Portland metro area may be one of several early focus areas for this work. Current City of Tigard Efforts The priority recommendations adopted by LCDC and OTC could help address several of Tigard's development issues resulting from TPR requirements. In fact, several of the measures address specific issues identified by Tigard in testimony to LCDC late last year and raised again 4 Transportation Planning Rule Update April 26, 2011 with the joint subcommittee. Staff will continue to track this effort closely and to seek opportunities for on -going participation. Meanwhile, the city is engaged in several efforts to make use of the potential remedies already available under the TPR. In particular, the SW Corridor Plan will define an alternative mobility standard for Pacific Highway in addition to plans for future land uses and transportation improvements. Multimodal improvements, including high capacity transit, will help make walking, cycling, and transit more viable travel options and thereby reduce the impacts of increased travel demand that will result from future growth. Additionally, Metro's 2035 Urban Growth Management Functional Plan (UGMFP) increased from 10% to 30% a trip generation "credit" for proposed developments in designated centers. The higher credit could be applied now to areas within the Tigard Town Center and the Washington Square Regional Center. The city is seeking to expand that Tigard Town Center boundary to include most of the Tigard Triangle, which will increase the development potential in the Triangle. 5 • 600 NE Grand .4 +e. www.oregonmetro.gov Portland, OR 972322736 tr Metro 1 Memo Date: April 21, 2011 To: Joint Policy Advisory Committee on Transportation ()PACT) and Metro Policy Advisory Committee (MPAC) Members and Interested Parties From: Tom Kloster, AICP, Transportation Planning Manager Subject: Proposed Amendments to the Oregon Transportation Planning Rule and Oregon Highway Plan Attached, please find the final recommendations from a joint Oregon Transportation Commission and Land Conservation and Development Commission panel that met recently to consider changes to Oregon's and use and transportation policies. Specifically, the panel reviewed changes to the Transportation Planning Rule and related provisions in the Oregon Highway Plan made in 2005 that have caused concern in recent years over unintended effects on development in our local communities. Metro and many Portland area local governments say the changes made it extremely difficult to amend local plans to enable development of the vibrant, transit- oriented neighborhoods that the region has been pursuing for more than a decade. The panel has recommended that the full commissions initiate parallel, fast -track processes to complete several targeted changes to both the planning rule and Oregon Highway Plan by December of this year. Metro will continue to track this work, and provide periodic updates to our regional partners, as well as coordinate comments from the region as specific amendments to the planning rule and highway plan are proposed. Background In September 2010, the land commission heard local concerns over recent (2005) amendments to Section 0060 of the planning rule. In our region, the chief concern is whether changes to the rule were inadvertently promoting sprawl by rejecting proposals for housing and commercial development in our already urbanized areas. In November, the League of Oregon Cities petitioned land commission for rulemaking, as a quick way to fix the problems with the planning rule. In January, the land commission and the transportation commission formed a joint subcommittee to explore rulemaking for the planning rule and amendments to the highway plan, based on local concerns and interest from state legislators. In March, the joint subcommittee endorsed a staff recommendation to begin a rulemaking process to revise the planning rule. That endorsement will now go to the respective commissions for formal action. These are the highlights from the March subcommittee meeting (also described in detail in the attached April 14 final report from the panel): • A formal rulemaking process to revise the planning rule is proposed to begin by May, and conclude by December, in part to demonstrate to legislators that the two commissions are committed to resolving the issues, and also to be responsive to ongoing local government concerns. • Revisions to the planning rule will be strategic, limited to Section 0060, which is the section on plan amendments and zone changes that have been the focus of local government concerns. • The solutions will be bold, and directly respond to the Metro region's concerns over the TPR inadvertently limiting mixed -used development in centers and station areas. • A separate but coordinated process by the Oregon Department of Transportation will oversee development of a "framework" for amending the highway plan, in tandem with the planning rule, since the two polices are closely linked. The highway plan amendments would focus on updating the state's mobility policy for state -owned roadways. For both the planning rule and highway plan tracks, the report calls for the respective commissions to complete their work by December. Metro will continue to follow this process, and likely be asked to serve on the rules advisory committee for the project. We will bring regular updates to ]PACT and MPAC, and coordinate comments from the region as formal proposals for amending the planning rule and highway plan are released. 4J Ses c end 6nge I AIS -496 Item it. 6. Business Meeting Date: 05/10/201 I Length (in minutes): 45 Minutes Agenda Title: City Manager Recruitment: search firm decision; candidate profile interview questions Submitted By: Sandy Zodrow City Management Item Type: Update. Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Continued discussion of City Manager recruitment activity including: I) Introduction of recommended Executive Search firm to conduct recruitment 2) Discussion of recruitment steps, timelines, and the process to be used for developing the candidate profile STAFF RECOMMENDATION / ACTION REQUEST 1) Approve search firm recommendation 2) Approve recruitment steps, timelines and process to be used for developing candidate profile including questions to be used in interviews by Council KEY FACTS AND INFORMATION SUMMARY Pursuant to Council's direction that the HR Director recommend an Executive Search Firm to conduct the City Manager recruitment, representatives from the firm will be in attendance for Council to meet and review. Staff has also requested that the firm present an overview of their proposed recruitment process, the timelines, and any suggestions regarding the process for developing the candidate profile and appropriate questions to use for citizen and staff interviews. The process used to determine the recommended Executive Search Firm is consistent with Tigard's purchasing and contracting procedures. OTHER ALTERNATIVES Council could decide to use one of the other Executive Search Firms or to not use a firm and conduct the recruitment with city staff. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION 57Lk 0 Fars /a S /0 -.701/ ALLIANCE A "en de //em 6 RESOURCE CONSULTING LLC T H E P O W E R O F P A R T N E R S H I P CITY OF TIGARD, OR CITY MANAGER Recruitment Timeline May 10, 2011 May 10, 2011 Approved to start recruitment May 11 — 25, 2011 Start meetings with Council and Stakeholders May 25 - 30, 2011 Target list of candidates created May 31, 201 1 Recruitment Profile approved May 31, 2011 Ads placed June 3, 201 1 Invites mailed out to target lists July 8, 2011 Resume Deadline Week of July 25, 2011 Presentation of Candidates and Progress Meeting with Council Week of August 8, 2011 Final Interviews with Council Confidential Page 1 5/10/2011