City Council Packet - 01/14/2014 111 RI
TIGARD
City of Tigard
TIGARD CITY COUNCIL
BUSINESS MEETING
January 14, 2014
COUNCIL MEETING WILL BE TELEVISED
1:1Design&Communications\DonnalCity Councillccpktl
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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w City of Tigard
TIGARD Tigard Business Meeting—Agenda
TIGARD CITY COUNCIL
MEETING DATE AND TIME: January 14,2014-6:30 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 beard in any order Or 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://live.tigard-or.gov
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.
IIICity of Tigard
TIGARD Tigard Business Meeting—Agenda
TIGARD CITY COUNCIL
MEETING DATE AND TIME: January 14,2014-6:30 p.m. Study Session;7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223
6:3U PSI
•STUDY SESSION
A. Briefing on the First Amendment to an Agreement with Clean Water Services (CWS) Regarding
the Derry Dell Sewer Project
•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)
7:36 p.m. -estimated time
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)These items are considered routine and may be enacted
in one motion without separate discussion.Anyone may request that an item be removed by
motion for discussion and separate action. Motion to:
7:50 p.m. -estimated time
A. Approve City Council Minutes for:
•September 12,2013
•September 17,2013
•September 24,2013
•October 8,2013
•November 19,2013
B. Receive and File:
1. Council Calendar
2. Council Tentative Agenda for Future Meeting Topics
C. Approve a Resolution in Support of a Nature in Neighborhoods Metro Grant Application
D. Approve a Resolution to Apply for an EPA Brownfields Assessment Grant
•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. APPOINT TANYA FIREMOON,KAREN HUGHHART,KAREN MOHLING,ELISE
SHEARER AND KEVIN WATKINS AS VOTING MEMBERS AND MARK CARLTON
AND ERIK HALSTEAD AS ALTERNATES TO THE TIGARD TRANSPORTATION
ADVISORY COMMITTEE--RESOLUTION
7:55 p.m. - estimated time
5. QUASI-JUDICIAL PUBLIC HEARING -PROPOSED EAST BULL MOUNTAIN CITY
PROPERTY/WILMINGTON LANE ANNEXATION (ZCA2013-00004) AND LOCUST
STREET ANNEXATION (ZCA201300006) -ORDINANCES
8:00 p.m. -estimated time
6. APPROVE AN EXTENSION OF THE EXISTING METRO AREA COMMUNICATIONS
COMMISSION (MACC) FRANCHISE AGREEMENT WITH COMCAST THROUGH
DECEMBER 31,2014 TO ALLOW FOR THE"FORMAL" FEDERAL NEGOTIATION
PROCESS BETWEEN MACC AND COMCAST-RESOLUTION
8:20 p.m. -estimated time
7. ADOPT 2014 CITY COUNCIL GOALS
8:35 p.m. -estimated time
8. ADOPT THE 2014 STATE AND FEDERAL LEGISLATIVE AGENDAS
8:45 p.m. -estimated time
9. CONFIRM TRAVEL POLICY AND PRACTICE FOR THE CITY COUNCIL
9:00 p.m. -estimated time
10. AMEND THE CITY MANAGER EMPLOYMENT AGREEMENT
9:10 p.m. -estimated time
11. COUNCIL LIAISON REPORTS
12. NON AGENDA ITEMS
13. 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.
14. ADJOURNMENT
9:30 p.m. -estimated time
AIS-1530 Study Session A.
Business Meeting
Meeting Date: 01/14/2014
Length (in minutes): 15 Minutes
Agenda Title: Briefing on the First Amendment to an Agreement with
Clean Water Services (CWS) Regarding the Derry Dell
Sewer Project
Prepared For: Mike Stone Submitted By: Greer
Gaston,
Public
Works
Item Type: Meeting Type: Council
Business
Mtg - Study
Sess.
Public Hearing
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Briefing on the first amendment to an intergovernmental agreement with Clean Water
Services (CWS) regarding the Derry Dell sewer project.
STAFF RECOMMENDATION / ACTION REQUEST
No action is requested; the amendment will come before council for formal consideration at
an upcoming meeting.
KEY FACTS AND INFORMATION SUMMARY
The City of Tigard and CWS share responsibility for the operation and maintenance of the
city's sewer system.
In January 2012, the council authorized an intergovernmental agreement with CWS. Under
that agreement, the city and CWS agreed to work together on the Derry Dell sewer project.
This project will reconstruct exposed sewer lines that cross Derry Dell Creek and Fanno Creek
on the Skelton property near Woodard Park. CWS was tasked with designing, contracting and
managing the project. A portion of the Skelton property was required to construct the project.
The city was tasked with acquiring an easement to or purchasing that property.
The council authorized the purchase of the entire Skelton property in August 2012. The
purchase of the entire property—rather than just a portion of the property or an
easement—made it possible to do enhanced work on the site. This enhanced work includes:
•Replacement of two existing 36-inch diameter culverts crossing under SW Walnut Street
with 108 linear feet of 8-foot by 9-foot reinforced concrete box culvert. The new culvert
will be fish-friendly and will provide additional stormwater capacity.
•Installation of 240 feet of 8-inch, ductile iron water line. This will replace an aging,
6-inch cast iron line. (This is an opportune time to upgrade the line while the area is
under construction.)
•Widening of approximately 275 feet of SW Walnut Street to its ultimate width.
•Installation of 795 feet of paved trail and boardwalk. The trail will connect the
Pathfinder-Genesis Trail with the Johnson Street entrance to Woodard Park. The
boardwalk will provide a neighborhood connection from Johnson Street on the west
side of Derry Dell Creek to the trail and Johnson Street on the east side of Deny Dell
Creek.
The proposed amendment addresses the permitting, design and construction of the enhanced
work. Under the amendment, the city will:
•Provide all designs, permits and temporary construction easements necessary to
construct the enhanced work.
•Provide lead inspection and any construction testing related to the enhanced work.
•Grant sanitary sewer easements to CWS for the 21-inch sanitary sewer line. (The city will
retain all property rights in the easement area, but will avoid any construction activity on
or near sewer lines.)
•Reimburse CWS for costs associated with enhanced work.
•Reimburse CWS for the cost to design and install plant materials required for the
vegetated corridor enhancement associated with enhanced work.
•Reimburse CWS for construction contract administration efforts associated with
enhanced work.
OTHER ALTERNATIVES
The council could choose not to authorize the amendment and direct staff to:
•Re-negotiate the terms of the amendment.
•Develop a separate intergovernmental agreement for the enhanced work.
•Not to pursue the enhanced work.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
None
DATES OF PREVIOUS CONSIDERATION
This is the first time this amendment has come before the council.
Fiscal Impact
Cost: 900,000
Budgeted (yes or no): Yes
Where Budgeted (department/program): Multiple Funds
Additional Fiscal Notes:
This project has $1.5 million budgeted over two fiscal years — FY 2014 and FY 2015. This
total budget amount is sufficient to cover the costs of this project, including the enhanced
work.
Attachments
CWS IGA Amendment 1
FIRST AMENDMENT
TO INTERGOVERNMENTAL AGREEMENT
BETWEEN CITY OF TIGARD AND
CLEAN WATER SERVICES FOR THE
DESIGN, PERMITTING,AND CONSTRUCTION OF
THE DERRY DELL GRAVITY SEWER REPLACEMENT
This Amendment,dated effective , 2013, is between
CLEAN WATER SERVICES (District), a County Service District organized under ORS Chapter
451, and the CITY OF TIGARD (City), an Oregon Municipality and amends the parties'
Intergovernmental Agreement for the Design, Permitting, and Construction of the Derry Dell
Gravity Sewer Replacement dated April 3, 2012 (Agreement).
A. RECITALS
1. City and District previously entered into the Agreement to collaborate on the design,
permitting, and construction of the Derry Dell Gravity Sewer Replacement (Original
Project). The Original Project includes designing and constructing approximately 1,200
feet of new sanitary sewer, removing or abandoning 1,800 feet of existing sanitary sewer,
and realigning a 700-foot reach of Derry Dell Creek.
2. In the best interests of permitting, design, construction, and to minimize adverse impacts
on adjacent properties and costs,the parties now wish to amend the Original Project to
include: (i) replacing two existing 36-inch diameter CMP culverts crossing SW Walnut
Street with 108 linear feet of 8-foot by 9-foot reinforced concrete box culvert, (ii)
installing 240 feet of 8-inch water line, (iii)widening approximately 275 feet of the SW
Walnut Street road prism to its ultimate width, and (iv) installing 795 feet of paved trail
and boardwalk and associated appurtenances (collectively, Enhanced Work).
3. The parties also wish to amend the Agreement to clarify each party's responsibility for
the Enhanced Work, Communication Plan, and to further clarify the allocation of
mitigation credit generated from the Original Project.
4. City and District agree that it is in the best interest of the public and both parties to
postpone the construction due to the design of the Enhanced Work,National Marine
Fisheries Service consultation, In-Water Work Period limitations, winter erosion control
issues, public inconvenience, and to provide appropriate project review periods. The
bidding period will be postponed until after January 2014 with a new substantial
completion target of October 31, 2014.
NOW, THEREFORE, the parties agree as follows:
First Amendment of Intergovernmental Agreement for Derry Dell Gravity Sewer Replacement
Page 1 of 4
B. TERMS AND CONDITIONS
The Agreement is amended to add the following:
I. ENHANCED WORK
City shall:
1. Provide all designs, permits, and temporary construction easements necessary to
construct the Enhanced Work.
2. Provide lead inspection and any necessary construction testing. City shall be responsible
for warranty inspection of Enhanced Work during the project warranty period.
3. Grant sanitary sewer easement(s)to District for the 21-inch sanitary sewer line. City shall
retain all property rights in the easement area but agrees not to construct any permanent
structures or consent to any construction activities on or near the sanitary sewer line
which might in any fashion unearth, undermine,or damage the sanitary sewer line
without written consent from District.
4. Within five business days of bid opening, reimburse District the `bid' amount of the
construction costs associated with the Enhanced Work. Upon acceptance reimburse
District the final construction costs of the Enhanced Work and any change orders for the
Enhanced Work less the amount paid at the time of the bid opening. City has the right to
direct District to reject all Enhanced Work bids if not acceptable to City at its sole
discretion.
5. By December 31, 2014, Reimburse District for the cost to design and install planting
materials to meet the Vegetated Corridor Enhancement requirement associated with
Enhanced Work.
6. Reimburse District for construction contract administration efforts. This amount shall be
equal to 5%of the total construction cost of the Enhanced Work and installation of
Vegetated Corridor plant material associated with Enhanced Work, including any
approved change orders. This amount shall be calculated no later than 30 days after the
substantial completion date, as determined by the District.
7. By September 30, 2014, Reimburse District for all costs associated with ESA Vigil-
Agrimis, Inc. (ESA) providing additional project management, survey, and structural
engineering services for the Enhanced Work. City's reimbursement to District for ESA's
work shall not exceed $31,980.
District shall:
1. Amend the Service Provider Letter and planting plan to include the Enhanced Work.
2. Design and install planting materials to meet Vegetated Corridor Enhancement
requirements associated with Enhanced Work.
First Amendment of Intergovernmental Agreement for Derry Dell Gravity Sewer Replacement
Page 2 of 4
3. Administer the bid process and award the construction contract.
4. Perform construction contract administration for all contracts issued by the District for
the Work.
5. Assist the City with construction inspection of the Enhanced Work and warranty
inspection.
6. Invoice City no later than 30 days after the substantial completion date.
II. COMMUNICATION PLAN
1. City shall take the lead in handling all public involvement related to planning and
constructing the Original Project and Enhanced Work.
2. District shall assist City with communicating to the public about the project and attend
planned events for public involvement related to planning and constructing the Original
Project and Enhanced Work.
3. District shall reimburse City a percentage of the cost for Sally Murdoch Media Relations
to prepare a Communication Plan. District's reimbursement percentage shall be equal to
the Original Project construction cost(sewer and creek relocation) divided by the overall
construction cost of the Original Project and Enhanced Work. District's reimbursement to
City for the Communication Plan shall not exceed $5,000.
4. City will invoice the District no later than 30 days after the substantial completion date.
III. VEGETATIVE CORRIDOR, STREAM MITIGATION AND WETLAND MITIGATION
CREDIT ALLOCATION
The parties agree to the following allocation of vegetative corridor mitigation credit, wetland
mitigation credit,and stream mitigation credit:
1. The Original Project created 26,073 square feet of vegetative corridor mitigation credit.
This credit shall be divided equally between City and District. Each party shall receive
13,036.5 square feet of vegetative corridor mitigation credit.
2. City's planned park area, south of SW Johnson Street, created 3,518 square feet of
vegetative corridor mitigation credit. This credit shall be considered credit associated
with the Enhanced Work and belongs to City.
3. District shall use its vegetative corridor mitigation credit to mitigate impact associated
with the Original Project. District's impact is 1,073 square feet which will leave District
with 11,963.5 square feet of credit for other uses.
4. City shall use its vegetative corridor mitigation credit from the Original Project and
Enhanced Work to mitigate impact associated with the Enhanced Work. City's impact is
7,554 square feet which will leave City with 9,000.5 square feet of credit for other uses.
First Amendment of Intergovernmental Agreement for Derry Dell Gravity Sewer Replacement
Page 3 of 4
5. The Original Project created 22,377 square feet of wetland mitigation credit. This credit
shall be divided equally between City and District. Each party shall receive 11,188.5
square feet of wetland mitigation credit.
6. There is no net wetland impact associated with the Original Project,therefore mitigation
will not be required which will leave District with 11,188.5 square feet of wetland
mitigation credit for other uses.
7. The Oregon Department of State Lands and US Army Corps of Engineers approved City
to use its wetland mitigation credit to mitigate wetland impacts associated with the
Enhanced Work. City's wetland impact is 6,751 square feet which will leave City with
4,437.5 square feet of wetland mitigation credit for other uses.
8. The Original Project created 266 Linear Feet of stream mitigation credit. This credit
shall be divided equally between City and District. Each party shall receive 133 linear
feet of stream mitigation credit.
9. In the event that City requires more credits than allocated, City shall have the right to
purchase credit from District at direct cost(the actual cost to establish the credits which
shall include all construction and maintenance costs) or at the rate of$3.93 per square
foot for vegetative corridor mitigation credit and $4.09 per square foot for wetland
mitigation credit, whichever is lower.
10. Each party in its sole discretion shall be able to use its share of wetland mitigation credits
for future projects within its jurisdiction in compliance with federal, state and local
regulations.
C. EFFECT OF AMENDMENT
Except as amended herein,the Agreement shall remain in full force and effect.
CLEAN WATER SERVICES CITY OF TIGARD,OREGON
By: By:
General Manager or Designee City Manager or Designee
APPROVED AS TO FORM APPROVED AS TO FORM
District Counsel City Counsel
First Amendment of Intergovernmental Agreement for Derry Dell Gravity Sewer Replacement
Page 4 of 4
AGENDA ITEM NO. 2-A CITIZEN COMMUNICATION DATE: January 14, 2014
(Please keep remarks to around 2-5 minutes. If a large number of citizens have signed in, the Mayor may ask
that testimony be kept to around 2 minutes.)
The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve
your concerns through staff.
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony becomes part of the public record. The names and addresses of persons who attend
or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public
record.
NAME,ADDRESS & PHONE TOPIC STAFF
Please Print CONTACTED
Name:
Also,please spell your name as it sounds,if it will
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: `Q r\v
Address -\
City
State Zip
Phone No.
Name:
Also,please spell your name as it sounds,if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
CITIZEN COMMUNICATION
City Council Update Jan 2014 TGLaJLil 11p-1114
Chamber Events T2rida of-k yY
Good Morning Tigard (GMT),A.M. Networking 7:30 a.m.
• 1/16/14— Hosted by Edge One Media at the Tigard chamber
• 1/23/14—Hosted by Tigard Chamber at their location
• 1/30/14—Hosted by COMCAST, location TBD
Other Chamber Events& Highlights
• 1/28/14—Tigard Young Professionals Breakfast of Champions—8-930 a.m. Symposium Coffee—Prospecting
Tips and Tricks
• 1/29/14- Aging Boom: Best Practices for Employers is presented by Vision Action Network and the
Washington County Chamber of Commerce Partnership 7-9 a.m. FREE register at www.visionactionnetwork.orq
• 2/11/14—Monthly Govt' & Public Policy Committee Meeting, 3:30—4:30 p.m.,Symposium Huddle room
• Scholarships applications and award nominations are now open for our 2014 Tigard Shining Stars are being
accepted now. Click the icons at the top of the Tigard chamber website for application/nomination forms
• 2/13/14 Multi Chamber Quick connections 7-9 a.m. Embassy Suites,Sponsor All Service Moving
• 2/26/14—Small Business Forum 7-9 a.m. Hosted by Tigard,Tualatin &Sherwood Chambers at Broadway Rose
Theatre. Learn tools and services available for your business. All businesses welcome, pre-registration required.
• 3/1/14—Bowl-o-Rama @ Tigard Bowl— 10 a.m. —1 p.m. —Save the Date
For more information on the Tigard Chamber and these events go to www.tigardchamber.org and click on the
calendar icon.
Tigard Farmers Market Update
Our First Annual Harvest Market and Bazaar Saturday November 16th was a great success and will be returning next
year. Big thank you to Tigard High for the use of their facility.
Tigard Farmers Market vendor meeting is 2/8/14 from 9-11 a.m. in the Public Works Community Room. New Vendors
welcome. Learn more at www.tigardfarmersmarket.org
Downtown Updates
Downtown Tigard's 3rd Friday in January is this week 1/17/14.Check local merchants closer to that date for specials and
check the facebook page at www.facebook.com/exploredowntowntigard.
Interested in supporting the revitalization of Downtown Tigard?Then join us for the January Downtown Dialogue
hosted by the Tigard Downtown Alliance,Wed Jan 22nd,4:30—6:30 p.m. Special speaker, Kim McMillan with the City
of Tigard will be speaking on the schedule/plans for Main Street Green Street Construction which is just starting. All are
invited to attend, will be held at Max's Fanno Creek Brew Pub, 12562 SW Main Street.
Learn what there is to do in Downtown Tigard on Facebook at www.facebook.com/exploredowntowntigard and visit the
new website at www.exploredowntowntigard.com
TIGARD AREA `
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Tigard Hi gh School Agenda:
January 14th 2014
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Winter Sports in Full Swing
• Basketball
o Boys and Girls Varsity beat Newberg last week, they play
Tualatin
• Swimming
• Wrestling
School
• School is back in session, and the First Semester ends next Friday
• Finals week is next week
Service
• Senior Citizens Dance is in early February
• Our Human Rights Assembly is coming up
AIS-1578 3. A.
Business Meeting
Meeting Date: 01/14/2014
Length (in minutes): Consent Item
Agenda Title: Approve City Council Meeting Minutes
Submitted By: Cathy Wheatley, Administrative
Services
Item Type: Motion Requested Meeting Type: Consent
Agenda
Public Hearing: Publication Date:
Information
ISSUE
Approve City Council meeting minutes.
STAFF RECOMMENDATION / ACTION REQUEST
Approve minutes as submitted.
KEY FACTS AND INFORMATION SUMMARY
Attached council minutes are submitted for City Council approval.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Attachments
September 12, 2013 Council Minutes
September 17, 2013 Council Minutes
September 24, 2013 Council Minutes
October 8,2013 Council Minutes
November 19, 2013 Council Minutes
AIS-1587 3, B.
Business Meeting
Meeting Date: 01/14/2014
Length (in minutes): Consent Item
Agenda Title: Receive and File: Council Calendar and Council Tentative Agenda
Submitted By: Cathy Wheatley, Administrative
Services
Item Type: Receive and File Meeting Type: Consent -
Receive and
File
Public Hearing: No Publication Date:
Information
ISSUE
Receive and file the Council Calendar and the Tentative Agenda for future Council meetings.
STAFF RECOMMENDATION / ACTION REQUEST
No action requested;this is a receive and file summary for information purposes.
KEY FACTS AND INFORMATION SUMMARY
Attached are the Council Calendar and the Tentative Agenda for future council meetings.
OTHER ALTERNATIVES
�i.\
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A-Receive and File Items
Attachments
Three-Month Council Meeting Calendar
Tentative Agenda-Upcoming Council Meeting Agenda Items
Agenda Item No.
For Agenda of January 14.2014
11
MEMORANDUM
TIGARD
TO: Honorable Mayor&City Council/City Center Development Agency Board
FROM: Cathy Wheatley,City Recorder
RE: Three-Month Council/CCDA Meeting Calendar
DATE: January 7,2014
January
1 Wednesday New Year's Day Holiday–City Hall Offices Closed
7 Tuesday City Center Development Agency–6:30 p.m.,Town Hall
14* Tuesday Council Business Meeting-6:30 p.m.,Town Hall
20 Monday Martin Luther King,Jr.Holiday–City Hall Offices Closed
21* Tuesday Council Workshop Meeting–6:30 p.m.,Town Hall
28* Tuesday Council Business Meeting–6:30 p.m.,Town Hall
February
4 Tuesday City Center Development Agency–6:30 p.m.,Town Hall
11* Tuesday Council Business Meeting-6:30 p.m.,Town Hall
17 Monday Presidents Day Observed–City Hall Offices Closed
18* Tuesday Council Workshop Meeting-6:30 p.m.,Town Hall
24* Tuesday Council Business Meeting-6:30 p.m.,Town Hall
March
4 Tuesday City Center Development Agency–6:30 p.m.,Town Hall
11* Tuesday Council Business Meeting--6:30 p.m.,Town Hall
18* Tuesday Council Workshop Meeting–6:30 p.m.,Town Hall
25* Tuesday Council Business Meeting–6:30 p.m.,Town Hall
Regularly scheduled Council meetings are marked with an asterisk(*).
I:\adm\city council\council calendar\3-month calendar for c mtg 140114.doc
1
Meeting Banner Business Meeting ❑
Study Session Special Meeting
Consent Agenda Meeting is Full
Workshop Meeting ❑ CCDA Meeting
City Council Tentative Agenda
1/6/2014 1:25 PM- Updated
Form Meeting Submitted Meeting Title Department Inbox or
# Date By Type Finalized
1426 01/14/2014 Cathy AAA January 14, 2014 City Council Business Meeting - Councilor
Wheatley Buehner absent but present via speaker phone during bsns mtg
I II
1530 01/14/2014 Greer ACCSTUDY 15 Minutes - Briefing on the First Amendment to an Agreement Public Works 01/06/2014
Gaston with Clean Water Services (CWS) Regarding the Derry Dell Sewer
Project
Total Time: 15 of 45 minutes have been scheduled
1553 01/14/2014 Renee .0 Consider a Resol in;; port Of.a Nature in Neighborhoods ublic Works a /Q2/2014
Ferguson Metro Grant Application .. _ • , :. , ' - 1
1562 01/14/2014 Sean CQNSENT onsent Item - Consider a Resolution Approving an Application for I a muntty Wine,
Fanr±ieally aan EPA Brownfield Assessment Grant ∎a ,._ nt Marty 1
,
1578
001[14/2014 IC Wheatley 14CONSeNIAGonsent Item -Approve City Council Meeting Minutes 1105 112{i8�/2o 13
I II
1582 01/14/2014 Judith Gray CCBSNS 1 5 Minutes - Appoint Five Voting Members and Two Alternates - Community 01/06/20141
Tigard Transportation Advisory Committee Development
1540 01/14/2014 Cheryl CCBSNS 2 20 Minutes - Annexation of City Property (E Bull Mtn.) & Community 01/06/20141
Caines portions of right-of-way (Wilmington Ln and Locust St) Development
1512 01/14/2014 Louis Sears CCBSNS 3 25 Minutes - Comcast cable franchise extension and discussion IFIS 01/06/20141
1568 01/14/2014 C Wheatley CCBSNS 4 10 Minutes - Adopt 2014 City Council Goals City 01/06/20141
Management
1545 01/14/2014 Carol Krager CCBSNS 5 20 Minutes - Adopt the City's 2014 State and Federal Legislative City Newton L, 1
Agenda Management
1542 101/14/2014 IC Wheatley fr CBSNS 6 10 Minutes - Council Travel Policy IAS 12/23/20131
1584 01/14/2014 Sandy CCBSNS 7 10 Minutes - Amend City Manager Employment Agreement City 01/06/20141
Zodrow Management
1 I Page
is\adm\carol\tentaty ag\2014\january 6 2014.docx
I
Meeting Banner Business Meeting ❑
Study Session Special Meeting
Consent Agenda Meeting is Full
Workshop Meeting ❑ CODA Meeting
City Council Tentative Agenda
1/6/2014 1:25 PM - Updated
I — --- II
1427 01/21/2014 Cathy AAA January 21, 2013 Workshop Meeting - Mayor Cook Absent
Wheatley
1
1506 01/21/2014 Liz Lutz CCWKSHOP 75 Minutes - Second Quarter Budget Committee meeting FIS Krager C, Deputy I
City Recorder
1547 01/21/2014 Liz Lutz CCWKSHOP 45 Minutes - River Terrace Finance Progress and FIS MartyW, City
Discussion Manager
Total Time: 120 of 180 minutes have been scheduled
li
1428 01/28/2014 Cathy AAA January 28, 2014 City Council Business Meeting - Mayor
Wheatley Cook and City Manager Wine absent.
I II
1543 01/28/2014 C Wheatley ACCSTUDY 20 Minutes - Discuss the Tree Board AS McGuire, T, Asst CD I
Director
1576 01/28/2014 Greer ACCSTUDY 15 Minutes - Briefing on an Intergovernmental Agreement Public Works Koellermeier D, I
Gaston Regarding a Water Supply Intertie Public Works Dir
Total Time: 35 of 45 minutes have been scheduled
1 II
1533 01/28/2014 Renee ACONSENT Authorize the City Manager to Execute the First Public Works McMillan K,
Ferguson Amendment to an Agreement with Clean Water Services Engineering
Regarding the Derry Dell Sewer Project Manager
1534 01/28/2014 Debbie ACONSENT Consent Item - Authorize the Mayor to Execute an Financial and Smith-Wagar D,
Smith- Intergovernmental Agreement with Metro Regarding a CET Information Asst Finance
Wagar Grant for the River Terrace Community Plan Services Director
I II
1548 01/28/2014 John Floyd CCBSNS 1 50 Minutes - Tigard Parks Zone Project DCA2013-00003 Community Floyd 3, Associate I
Development Planner
1486 01/28/2014 Carissa CCBSNS 2 20 Minutes - FY 2014 Second Quarter Supplemental FIS MartyW, City
Collins Budget Amendment Manager
Total Time: 70 of 100 minutes have been scheduled
I -- II
21 Page
i:\adm\carol\tentatv ag\2014\january 6 2014.docx
Meeting Banner Business Meeting 0
Study Session Special Meeting
Consent Agenda Meeting is Full
Workshop Meeting 0 CCDA Meeting
City Council Tentative Agenda
1/6/2014 1:25 PM-Updated
1520 02/04/2014 Cathy CCSPEC 75 Minutes - Appreciation to Boards & Committees Reception Administrative Wheatley C, City
Wheatley and Mayor Cook's State of the City Address - 4:30-6:15 p.m. Services Recorder
Total Time: 75 of 180 minutes have been scheduled
1429 02/04/2014 Cathy AAA February 4, 2014 City Center Development Agency Meeting
Wheatley
I II
1430 02/11/2014 Cathy AAA February 11, 2014 City Council Business Meeting
Wheatley
I II
1524 02/11/2014 Greer ACCSTUDY 30 Minutes - Briefing and Discussion on the Development of a Public Works Koellermeier D,
Gaston Willamette River Water Supply in Conjunction with the City of Public Works Dir
Sherwood
Total Time: 30 of 45 minutes have been scheduled
1577 1.P: �: ,w ACO V.S.ENT C4�t t.' ma ize the or r� < •��f
7
a
1 ... ' . ;' , ,�
,ate ---
1556 02/11/2014 Cathy CCBSNS 1 10 Minutes - Presentation from Community Action of Administrative Wheatley C, City I
Wheatley Washington County Services Recorder
1573 02/11/2014 Greer CCBSNS 2 15 Minutes - Consider an Ordinance Modifying the Public Works Stone Mike, City I
Gaston Boundaries of Local Improvement District (LID) No.1 Engineer
1274 02/11/2014 Kristie CCBSNS 3 20 Minutes - Consider a Resolution to Adopt the Westside Public Works Martin S, Parks
Peerman Trail Master Plan Manager
Total Time: 45 of 100 minutes have been scheduled
I - _ I I
3 I Page
is\adm\carol\tentaty ag\2014\january 6 2014.docx
Meeting Banner Business Meeting ❑
Study Session Special Meeting
Consent Agenda Meeting is Full
Workshop Meeting ❑ CCDA Meeting
City Council Tentative Agenda
1/6/2014 1:25 PM- Updated
1431 02/18/2014 Cathy AAA February 18, 2014 Workshop Meeting - City Manager
Wheatley Wine absent
i II
1514 02/18/2014 John CCWKSHOP 15 Minutes - Briefing on a Joinder Agreement for Public Works Goodrich J, Utility
Goodrich Willamette Water Supply Program Div Manager
1566 02/18/2014 Nadine CCWKSHOP 20 Minutes - Tigard Municipal Court Annual Report to Administrative Robinson N, Admin.
-
Robinson Council Services Svcs. Manager
1567 02/18/2014 Lloyd Purdy CCWKSHOP 25 Minutes - Fields (Concept) Development Scenarios Community Krager C, Deputy
Development City Recorder
Total Time: 60 of 180 minutes have been scheduled
1432 02/25/2014 Cathy AAA February 25, 2014 City Council Joint Meeting with City of
Wheatley Beaverton - 4755 SW Griffith Dr (6:30 p.m.)
I II
1433 03/04/2014 C Wheatley AAA March 4, 2014 City Center Development Agency Meeting
I II
1434 03/11/2014 C Wheatley AAA March 11, 2014 City Council Business Meeting
I
1507 03/11/2014'Greer ACCSTUDY 15 Minutes - Executive Session on Real Property Public Works 11/04/2013
Gaston Negotiations
1518 03/11/2014 Liz Lutz ACCSTUDY 30 Minutes - Review of 2014 Community Event Fundin• ...,. ancial and Lutz L, Conf Exec
Requests 11.1101K • � •rmation Services asst.„ _ _
A�.,,�.
1I
1515 03/11/2014 Iohn ACONSENT'Consent Item - Authorize the City Manager/Mayo-to c Works oodrich 3,may.
Goodrich Execute a 3olnder Agreement for Willamette Water Iv Manager -
Supply Program
iiii 3/11/2014 Loreen AC ENT Consent Item - LCRB -Award Insurance Agent of Record City Management .lliis 1, Asst to City
Mills Contract anager I
I — II
1449 03/11/2014 Loreen CCBSNS 20 Minutes - Public Hearing - Amending Tigard Municipal City Management Mills L, Asst to City
Mills Code Title 15.06 Franchise Utility Ordinance Manager
Total Time: 20 of 100 minutes have been scheduled
4 ' Page
is\adm\carol\tentaty ag\2014\january 6 2014.docx
Meeting Banner Business Meeting ❑
Study Session Special Meeting
Consent Agenda Meeting is Full
Workshop Meeting ❑ CCDA Meeting
City Council Tentative Agenda
1/6/2014 1:25 PM - Updated
�- II
1435 03/18/2014 Cathy AAA March 18, 2014 Workshop Meeting
Wheatley
1493 03/18/2014 Lloyd Purdy CCWKSHOP 15 Minutes - Update on Economic Development Activity Community Purdy, L, Econ I
Development Development Mgr
Total Time: 15 of 180 minutes have been scheduled
1436 03/25/2014 Cathy AAA March 25, 2014 City Council Business Meeting - Councilor
Wheatley Snider absent
I II
1517 03/25/2014 Liz Lutz CCBSNS 10 Minutes - Consider a Resolution Granting Exemption Financial and Lutz L, Conf Exec
from Property Taxes under TMC 3.50 for xx Non-Profit Information Services Asst
Low Income Housing Projects
Total Time: 10 of 100 minutes have been scheduled
II
1569 04/21/2014 Cathy AAA Budget Committee Meeting - 6:30 p.m.
Wheatley
II
1570 04/28/2014 Cathy AAA Budget Committee Meeting - 6:30 p.m.
Wheatley
5 1 Page
is\adm\carol\tentaty ag\2014\january 6 2014.docx
AIS-1553 3. C.
Business Meeting
Meeting Date: 01/14/2014
Length (in minutes): 0 Minutes
Agenda Title: Consider a Resolution in Support of a Nature in
Neighborhoods Metro Grant Application
Prepared For: Steve Martin Submitted By: Renee
Ferguson,
Public Works
Item Type: Resolution Meeting Type: Consent
Agenda
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Shall council adopt a resolution in support of a Nature in Neighborhoods Metro grant
application?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends the council adopts the resolution.
BEY FACTS AND INFORMATION SUMMARY
The city, using funds from the 2010 park and open space bond measure, purchased several
properties that formed the 48-acre Dirksen Nature Park.
The design of Dirksen Nature Park is complete and the land use application was recently
approved by the city's hearings officer. Park development is planned in four phases as
follows:
Phase Projects Funding
Build a restroom and improvements to the education center Park and open space
Phase 1 housed on the park property. bond funds and other
funds.
Construct street improvements and sidewalk/trail on Park and open space
Phase 2 Tigard Street. bond funds and other
funds.
Phases Construction of additional trail segments and boardwalks, Unfunded.
3 and 4 and two nature play areas. Restoration of the oak savanna
at the northern section of the park.
The Park and Recreation Advisory Board (PRAB) oversees park development funded
through the bond measure. The PRAB has identified approximately $700,000 in bond funds
to design, plan and develop Dirksen Nature Park. These bond funds, in conjunction with
other funding sources, will cover the cost of phase 1 and 2 projects.
In November 2013, staff submitted a letter of interest to Metro inquiring whether phase 3 and
4 projects were eligible for Nature in Neighborhoods (NIN) grant funding. Metro
subsequently invited Tigard to submit a grant application by January 24, 2014.
Staff is now seeking the council's support to submit the grant application. If the grant is
awarded, further council action will be required before the grant is accepted by the city.
OTHER ALTERNATIVES
The council could choose not to support the grant application.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
Dirksen Nature Park was a priority for acquisition for at least two decades and was identified
as a future community park in the 2009 Park System Master Plan.
DATES OF PREVIOUS CONSIDERATION
This is the first time this grant application has come before the council.
Fiscal Impact
Cost: Estimated $390,000 *
Budgeted (yes or no): No
Where Budgeted (department/program):Not applicable
Additional Fiscal Notes:
Staff plans to apply for a $390,000 grant. The grant requires a 200-percent, or $780,000,
match. The match can include funding and in-kind work performed by the city. Any work
the city performs at the park—after receiving the letter of invitation from Metro—could
count towards the city's matching funds. This would include funding to construct phase 1
and 2.
* Estimate for phase 3 and 4 projects.
Attachments
Resolution
AIS-1562 3. D.
Business Meeting
Meeting Date: 01/14/2014
Length (in minutes): Consent Item
Agenda Title: Consider a Resolution Approving an Application for an
EPA Brownfields Assessment Grant.
Submitted By: Sean Farrelly,
Community
Development
Item Type: Resolution Meeting Type: Consent
Agenda
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Shall the Council adopt a resolution approving the submission of a grant application for an
EPA Brownfields Assessment grant?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends the Council adopt the resolution.
KEY FACTS AND INFORMATION SUMMARY
Potential environmental contamination in downtown Tigard is a barrier to the redevelopment
envisioned in the Tigard Downtown Improvement Plan. The city/ City Center Development
Agency has started a Brownfields Initiative to address the issue.
The city received a $25,000 grant from Business Oregon as seed money for the program. The
grant funds allowed the city to hold two public Brownfields workshops and offer three Phase
I environmental site assessments for property owners. It also funded an inventory of potential
brownfield sites, which indicates there are approximately sixty properties in the downtown
vicinity that are contaminated, or potentially contaminated, from previous uses. The city
supports the cleanup and revitalization of these properties, and plans to provide incentives to
property owners to address brownfield challenges.
The next step to advance the Brownfields Initiative is to apply for $400,000 in Brownfields
Assessment grants from the U.S. Environmental Protection Agency (EPA). If awarded, the
funds will be used to support community engagement, Phase I and Phase II site investigations,
cleanup and reuse planning for downtown and other priority sites, and project management.
$200,000 would be available for assessing petroleum contamination, $200,000 for other
hazardous materials. Tigard will engage with stakeholders on its Brownfields Initiative.
Participants will help the city decide how and where to focus EPA resources and help
determine reuse options at the sites.
A copy of the grant application is available upon request.
OTHER ALTERNATIVES
Should the Council choose not to adopt this resolution, the grant application would not be
submitted.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
City Center Urban Renewal Plan
DATES OF PREVIOUS CONSIDERATION
December 3, 2013
June 4, 2013
Fiscal Impact
Cost: TBD
Budgeted (yes or no): no
Where Budgeted (department/program): CCDA
Additional Fiscal Notes:
If successful, the grant would provide $400,000 in revenue. No match is required, however
staff time will be allocated to project management.
Attachments
Resolution Approving Grant Application
AIS-1582 4.
Business Meeting
Meeting Date: 01/14/2014
Length (in minutes): 5 Minutes
Agenda Title: Appoint Five Voting Members and Two Alternates to the Tigard
Transportation Advisory Committee
Submitted By: Judith Gray, Community
Development
Item Type: Resolution Meeting Type: Council
Business
Meeting -
Main
Public Hearing: No Publication Date:
Information
ISSUE
Should Council appoint Tanya Firemoon, Karen Hughart, Karen Mohling, Elise Shearer, and
Kevin Watkins as voting members and Mark Carlton and Erik Halstead as alternates to the
Tigard Transportation Advisory Committee?
STAFF RECOMMENDATION / ACTION REQUEST
Approve a resolution appointing Tanya Firemoon, Karen Hughart, Karen Mohling, Elise
Shearer, and Kevin Watkins as voting members and Mark Carlton and Erik Halstead as
alternates to the Tigard Transportation Advisory Committee.
KEY FACTS AND INFORMATION SUMMARY
The Tigard Transportation Advisory Committee (l"1'AC) is comprised of 11 voting positions,
including citizen and business representatives.
As of December 31, 2013 there are six vacancies including two full-term citizen representative
positions; two full term business positions; one partial term (one-year) citizen position; and
one partial term (one-year) business position.
The Mayor's appointment advisory committee interviewed seven applicants on November 25,
2013. One applicant, Karen Mohling, applied as a business/employer representative of
Tualatin Valley Fire and Rescue. No other business or employer representatives applied. One
incumbent, Karen Hughart, has applied for a second term as a citizen representative.
The Mayor's Appointment Advisory Committee recommends the following appointments:
•Karen Hughart for her second term, with a term expiring December 31, 2016;
•Elise Shearer, Karen Mohling, and Kevin Watkins for full terms, expiring December 31,
2016;
•Tanya Firemoon, to complete a partial term expiring December 31, 2014;
•Mark Carlton and Kevin Halstead as alternates with terms expiring December 31, 2014.
An appointing resolution and bios of the recommended appointees are attached.
OTHER ALTERNATIVES
n/a
COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS
City Council Long Range Objectives: Tigard citizens are involved in the community and
participate effectively.
DATES OF PREVIOUS COUNCIL CONSIDERATION
n/a
Attachments
Bios
Resolution
Tigard Transportation Advisory Committee
Biographies of Recommended Appointees
On January 14,2014 the Tigard City Council will consider a resolution appointing voting members
to the Tigard Transportation Advisory Committee (TTAC). Following are brief biographies for the
individuals recommended for appointment.
Recommended for voting positions:
Tanya Firemoon has been a resident of Tigard for 7 years. She has taken coursework at PSU and
University of Phoenix and has professional experience as an office manager and program manager.
Her previous community activities include nonprofit organizations in social services. She is
interested TTAC as an opportunity to provide input and insights into ways to shape and improve
city services.
Karen Hughart is an incumbent on TTAC and served as the board Vice Chair in 2012 and 2013.
Karen has lived in Tigard since she was 18 months old,with the exception of her years at Western
Oregon University in Monmouth. She has a BS in Education and an MAT from Lewis&Clark
College. She has been a teacher in the Tigard Tualatin School District since 2000.
Karen Mohling is a Deputy Fire Marshall with TVF&R located in the Tigard Triangle and would
serve as a"business"representative on TTAC.Karen has served on numerous advisory committees,
including the SW Corridor Plan and the Tigard TSP.TVF&R provides valuable input to the design
of new transportation projects and improvements to the existing system.
Elise Shearer has lived in Tigard for 27 years. She recently completed her second full term on the
Tigard CCAC;in the most recent year she was the committee chair and the liaison to TTAC. She
also volunteers with the TDA,Tigard Chamber for Tigard Street Festival,St.Vincent de Paul Food
Bank and Severe Weather Shelter at St Anthony Church.
Kevin Watkins has lived in Tigard for 29 years.He is a retired electrical engineer with many years
working with power systems.He has served on advisory committees for the Oregon Department of
Energy and for the NW Power Planning Council. He has also been an officer for the Tigard High
School Booster Club.
Recommended as alternates:
Erik Halstead has lived in the area for much of the last 30 years,including Beaverton,Tualatin,and
SW Portland. He has an interest in transportation,including transit,bicycling,and a special interest
in railroad history.
Mark Carleton has lived in Tigard for 10 years. He has a BS from University of Portland and an
MBA from George Fox. He is active in church and school as a parent,serving on the Parish Council
and the Parent club president. He works as a photographer at A-dec in McMinnville.
AIS-1540 5,
Business Meeting
Meeting Date: 01/14/2014
Length (in minutes): 20 Minutes
Agenda Title: Annexation of City Property (E Bull Mtn.) and portions
of right-of-way (Wilmington Ln and Locust St)
Submitted By: Cheryl Gaines, Community
Development
Item Type: Public Hearing - Meeting Type: Council
Quasi Judicial Business
Meeting-
Main
Public Hearing Yes
Newspaper Legal Ad Required?:
Public Hearing Publication 01/03/2014
Date in Newspaper:
Information
ISSUE
Proposed annexation of three unrelated parcels and right-of-way: E Bull Mountain city
property, a portion of SW Wilmington Lane right-of-way, and a city owned parcel along SW
Locust Street that will be dedicated as right-of-way following annexation.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends the City Council approve the proposed E Bull Mountain City
Property/Wilmington Lane Annexation (ZCA2013-00004) and Locust Street Annexation
(ZCA2013-00006) by adoption of the attached ordinances.
KEY FACTS AND INFORMATION SUMMARY
Key Facts:
The request is to annex city owned properties and right-of-way into the City of Tigard. The
areas to be annexed are reference as sites A, B, and C within the staff report. The sites are
located within two different areas of Washington County. Sites A & B are located on the east
side of Bull Mountain within a small unincorporated island of Washington County. The
Locust Street property is within Metzger and lies between SW 87th and 90th Avenues.
Site A consists of two parcels (tax lots 5800 and 5900) totaling 8 acres. These parcels, along
with an adjoining parcel to the west (already within the city), were purchased in 2012 for a
future park and open space. Approval for park development will be requested once the
properties are within the city. Park development is not proposed with this application. Tax lot
5800 is developed with a vacant, single-family home served by a septic tank and city water
from SW Alpine Crest Way. Tax lot 5900 is undeveloped. Both parcels are heavily wooded
with the exception of the house location.
Site B (3, 166 square feet) is a portion of the Wilmington Lane right-of-way that was deeded
to the City of Tigard by the adjoining property owner to the north (Rippey) during
construction of the Highland Hills subdivision located on the south side of Wilmington Lane.
Sites A & B are located within a small island of unincorporated Washington County
properties on the east side of Bull Mountain. The island consists of five parcels. Annexation
of one other parcel within the island was recently approved (ZCA2013-00003 Otis
Annexation) and will be effective at the time of this public hearing. The owner of the
remaining two parcels is not interested in annexing at this time.
Site C:
Site C is a small parcel (1,986 square feet) on the north side of Locust Street west of the Hall
Boulevard intersection. This property was purchased by the city to improve SW Locust Street
and will be dedicated as right-of-way following annexation.
Zoning:
Site A is currently zoned R-6 (Washington County). This zone is intended for residential
development at no more than 6 units per acre and no less than 5 units per acre. Table
18.320.1 in the Tigard Community Development Code (TCDC) summarizes the conversion
of the county's plan and zoning designations to city designations which are most similar.
According to this table, the city designation most similar to R-6 is R-7 zoning. Site B is
right-of-way and has no zoning, but zoning of adjacent parcels within city boundaries is R-7.
Site C is currently zoned TO: 18-24 (Transit Oriented, 18-24 units per acre). Table 18.320.1
does not designate an equivalent city zone. The site will be dedicated as city right-of-way
following annexation; therefore R-4.5 (Low Density Residential) is proposed to match zoning
of area properties located on the south side of Locust Street. Once the parcel is dedicated to
city right-of-way, zoning will no longer be applicable.
OTHER ALTERNATIVES
Adopt findings to deny the request.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
Annexation will allow the E Bull Mountain site to be developed with a city park, which fulfills
goals outlined in the City of Tigard Park System Master Plan. Annexation of the Wilmington
Lane and Locust Street sites will bring city improvements into the city boundary.
DATES OF PREVIOUS CONSIDERATION
n/a
Fiscal Impact
Cost: n/a
Budgeted (yes or no): n/a
Where Budgeted (department/program):n/a
Additional Fiscal Notes:
Typically annexations have fiscal impact due to phasing in of city taxes. Because all of the
properties are city owned or right-of-way, taxes will not be impacted.
Attachments
Bull Mtn ord
Locust Ord
Staff Report
Hearing Date: January 14,2014 Time: 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON TIGARD
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAMES
AND NUMBERS: ZONE CHANGE ANNEXATION (ZCA)
ZCA2013-00004: East Bull Mountain—City Property/Wilmington Lane Annexation
ZCA2013-00006: Locust Street Annexation
APPLICANT: City of Tigard OWNER: City of T'
Kim McMillan 13125 Sall Blvd.
13125 SW Hall Blvd. Tigard,OR 97223
Tigard,OR
PROPOSAL: A request to annex city owned properties and right-of-way into the City of Tigard.
The areas to be annexed are known as sites A, B, and C. Site A is made up of two
parcels totaling 8 acres. Site B is a portion of SW Wilmington Lane right-of-way
(3,166 square feet). Site C is a city owned property on Locust Street (1,986 square
feet) that will be dedicated as right-of-way.
LOCATION: The properties to be annexed are found within two different areas of Washington
County. Sites A & B are located on the east side of Bull Mountain within a small
unincorporated island of Washington County. The Locust Street property is within
Metzger and lies between SW 87 and 90th Avenues.
Site A: 13950 SW Alpine Crest Way; Washington County Tax Assessor's Map
(WCTM) 2S104DC,Tax Lots 5800 and-5900.
Site B: No address or map and parcel number.
Site C: No address;WCTM 1Sf35AA,Tax Lot 00701.
COUNTY ZONES: R6: Residential,5 units/acre minimum density,6 units/acre maximum density.
TO: 18-24(Transit Oriented Residential District, 18-24 units per acre).
CITY ZONES: R-7: Medium Density Residential District.
R-4.5: Low Density Residential District
APPLICABLE
REVIEW
CRITERIA: The approval standards for annexations are described in Community Development
Code approval 18.320 and 18.390, Comprehensive Plan Goal 1, Goal 11, Goal 12,
and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09.
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 1 OF 11
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexations (ZCA2013-00004 and
ZCA2013-00006) meet all the approval criteria as identified in ORS Chapter 222, Metro Code
Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following
Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal
14.2, Policy 1-4. Therefore, staff recommends APPROVAL of ZCA2013-00004 and ZCA2013-00006
by adoption of the attached ordinances.
SECTION III. BACKGROUND INFORMATION
Site A:
Site A consists of two parcels (tax lots 5800 and 5900) totaling 8 acres that are located within a small island
of unincorporated Washington County properties on the east side of Bull Mountain. The island consists
of five parcels. Annexation of one of the other parcels within the island was recently approved
(ZCA2013-00003 Otis Annexation) but was not effective at the writing of this report. The owner of the
remaining two parcels is not interested in annexing at this time.
Tax lot 5800 is developed with a vacant, single-family home served by a septic tank and city water from
SW Alpine Crest Way. Tax lot 5900 is undeveloped. Both parcels are heavily wooded with the exception
of the house location.
In 2012 the city purchased the two parcels for a future park along with an adjoining parcel to the west.
The adjoining parcel is already within the city boundary and will be maintained as open space. Approval
for park development will be requested once the properties are within the city. Park development is not
proposed with this application. Preliminary park plans include removal of the existing single family home,
and construction of a shelter, utility shed, and sport court. Picnic tables, play structures, and accessible
pathways are also anticipated.
Site B:
Site B is a portion of Wilmington Lane right-of-way that was deeded to the City of Tigard by the adjoining
property owner to the north (Rippey). The Highland Hills subdivision, south of Wilmington Lane, was
approved by Washington County in 2008 and subsequently annexed into Tigard. One of the conditions of
the subdivision was to extend Wilmington Lane to the westerly boundary of the subdivision. Constructing
the street within the confines of the subdivision would have resulted in a substandard street. Conveyance
of the property by the adjoining owner allowed construction of the full street but happened after
annexation of the subdivision. This request is to annex a small portion of Wilmington Lane (3,166 square
feet),which is a city street.
Site C:
Site C is a small parcel (1,986 square feet) on the north side of Locust Street west of the Hall Boulevard
intersection. In 1989 and 1990 the City of Tigard performed street improvements to SW Locust Street.
These improvements included installations of utilities as well as widening and realignment of the roadway.
It was necessary for the city to purchase property in unincorporated Washington County to avoid
improvements being constructed on private roperty. Following annexation, the city will dedicate the
property as public right-of-way within the city s boundary.
SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS
City: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1; Goal
11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 14.2 (Policies 1-4).
State: ORS Chapter 222
Regional:Metro Code Chapter 3.09
A.CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18)
Staff has determined that the proposal is consistent with the relevant portions of the Community
Development Code based on the following findings:
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 2 OF 11
Chapter 18.320.020.B: Approval Process and Standards.
Approval Criteria. The decision to approve, approve with modification, or deny an application to
annex property to the City shall be based on the following criteria:
1.All services and facilities are available to the area and have sufficient capacity to provide service
for the proposed annexation area;
The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the
purposes of the Comprehensive Plan,public facilities and services refer to stormwater management, water
supply and distribution,wastewater management, community facilities,and private utilities. In addition the
Comprehensive Plan Glossary includes public safety,parks,and transportation.All services are available to
the proposed annexation sites and have adequate capacity to serve future development. Site B is existing
right-of-way for SW Wilmington Lane, and Site C will be dedicated as right-of-way for SW Locust Street.
All services are available in the area for these two sites,but services are not needed. Individual services or
facilities serving Site A are discussed in further detail below.
Water— City of Tigard/Tigard Water District. Sites A lies within the Tigard Water Service Area and
the existing house is already served by city water through a 4-inch line from SW Alpine Crest Way. In
addition, there are 6 and 8-inch lines in adjacent streets (SW Ridgefield Lane and SW Fernridge Terrace).
There is capacity to serve future park improvements.
Sewer—City of Tigard/Clean Water Services. The vacant home on Site A is served by septic. Existing
sanitary lines are available at the north and east property lines. Clean Water Services is the sewer provider
in the surrounding area. There is adequate capacity to serve the existing home or future park uses.
Stormwater — Clean Water Services. Clean Water Services is the current provider of stormwater
services in this area. Storm drainage can be directed to existing stormwater facilities to the east. Capacity
is adequate to serve the existing single-family home or future park improvements on Site A.
Streets — City of Tigard Engineering Division. Site A is currently served by a private access easement
from SW Alpine Crest Way; however three ublic streets stub to the site (SW Alpine Crest Way and SW
Fernridge Terrace to the north and SW Ridgefield Lane to the east). The proposed annexation will not
impact the current private access and street extension will be addressed with future park development.
The property is within the Washington County Urban Road Maintenance District and will be removed
from the district upon annexation.
Police — City of Tigard Police Department. Police services are currently provided by the Washington
County Sheriff. If approved, the property will be withdrawn from the Enhanced Sheriff's Patrol District.
The City of Tigard Police Department was contacted by city staff regarding the annexation. Tigard Police
expressed no objections to the proposal.
Fire—Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and
Rescue's (TVF&R's) service area. The TVF&R District currently provides services to Site A, which will
not change following annexation. The Fire District has personnel and equipment in the area that can
respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue
operations.
Parks—City of Tigard. Site A is planned for a future neighborhood park,which will add to the city's park
capacity.
CONCLUSION: Based upon this review, staff finds that all public services and facilities (as defined by
the Comprehensive Plan) are available to the proposed annexation territory and have sufficient capacity to
provide service; however these services are not needed for sites B and C because they are now or will be
dedicated right-of-way. The proposed annexation will not reduce the level of services within the City of
Tigard.This criterion is met.
2. The applicable Comprehensive Plan policies and implementing ordinance provisions have
been satisfied.
FINDINGS: The following Comprehensive Plan goals and policies apply to the proposed annexation:
Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1- 4. Staff has determined that the
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proposal has satisfied the applicable Comprehensive Plan policies based on the following findings:
Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other
i
jurisdictions the opportunity to participate in all phases of the planning process.
The City maintains an ongoing citizen involvement program. To assure citizens will be provided an
opportunity to be involved in all phases of the planning process, the City provides notice for Type IV
land-use applications. The City posted, mailed and published notice of the ublic hearing as follows. The
City posted-the hearing notice at four public places on December 20, 2013: Tigard Library, Tigard City
Hall, Tigard Permit Center, and near the proposed annexation areas. The City published notice of the
hearing in The Tigard Times for two successive weeks (January 2 and January 9, 2014) prior to the January
14, 2014 public hearing. The City also mailed notice to all interested parties and surrounding property
owners within 500 feet on December 24,2013.
Goal 11.1: Public Facilities and Services.
Policy 4. The City shall require the property to be located within the city limits prior to receiving
City stormwater services.
Stormwater service near Sites A and B is provided by Clean Water Services. Annexation is not necessary
to receive stormwater service. A city stormwater line runs through Site C; however service is not needed
for this site.
Policy 6. The City shall require the property to be located within the city limits prior to receiving
City wastewater services.
Sites B and C (existing and future rights-of-way) will not require wastewater service. The existing,vacant
home on Site A will be demolished. Future park development will likely include portable restrooms,
meaning sanitary service will not be needed. However,annexation of this area will ensure that city sanitary
service will not be extended outside city limits if needed for future development. The applicant will not
receive City services prior to annexation.
Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary
steps,including the appropriate annexation of unincorporated properties.
Policy 1.The City shall assign a Tigard zoning district designation to annexed property that most
closely conforms to the existing Washington County zoning designation for that property.
The applicable Tigard zoning district designations are addressed below in the findings for Section
18.320.020.C.
Policy 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban
level services to an area when approving annexation.
Capacity has been addressed above,consistent with this policy.
Policy 3.The City shall approve proposed annexations based on findings that the request:
A. can be accommodated by the City's public facilities and services;and
The availability of the City's public facilities and services has been addressed above, consistent with this
policy.
B.is consistent with applicable state statute.
As reviewed in this report, staff finds that the provisions of ORS 222 have been met, consistent with this
policy.
Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations
be included to:A) avoid creating unincorporated islands within the City;B) enable public services
to be efficiently and effectively extended to the entire area; or C) implement a concept plan or
sub-area master plan that has been approved by the Planning Commission or City Council.
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
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Sites A and B lie within an island of unincorporated Washington County. There are five parcels with three
owners within this island. Two of the parcels owned by the city are included in this proposed annexation.
An additional parcel was recently approved for annexation into the city (ZCA2013-00003). The property
owner of the remaining two parcels was approached by city staff for annexation; however the owner has
indicated no interest in annexing at this time. The proposed annexation will result in a smaller island.
Site A was purchased by the city in 2012 for park development to implement the City of Tigard Park
System Master Plan. The plan outlines the need to acquire park property and construct park
improvements, to preserve open spaces, enhance water quality and provide recreational opportunities.
Annexation will allow the city to pursue development of park facilities on this property. Annexation will
allow public services to be more efficiently and effectively provided because city improvements will be
located within the boundary.
CONCLUSION: Annexation of additional parcels is not possible at this time. The city has coordinated
with all urisdictions and agencies within/near the annexation sites. The City of Tigard has the
services/facilities available and at adequate capacity to serve the sites. The proposed annexation is
consistent with applicable Comprehensive Plan policies.This criterion is met.
Chapter 18.320.020.0
Assignment of comprehensive plan and zoning designations.
The comprehensive plan designation and the zoning designation placed on the property shall be
the city's zoning district which most closely implements the city's or county's comprehensive
plan map designation. The assignment of these designations shall occur automatically and
concurrently with the annexation. In the case of land which carries county designations, the city
shall convert the county's comprehensive plan map and zoning designations to the city
designations which are the most similar.
FINDINGS: Site A is currently zoned R-6 (Washington County). This zone is intended for residential
development at no more than 6 units er acre and no less than 5 units per acre. Table 18.320.1 in the
Tigard Community Development Code (TCDC) summarizes the conversion of the county's plan and
zoning designations to city designations which are most similar. According to this table, the city
designation most similar to county R-6 is city R-7 zoning. Site B is right-of-way and has no zoning, but
zoning of adjacent parcels within city boundaries is R-7. Site C is currently zoned county TO: 18-24
(Transit Oriented, 18-24 units per acre). Table 18.320.1 does not designate an equivalent city zone. The
site will be dedicated as city right-of-way following annexation; therefore city R-4.5 (Low Density
Residential) is proposed to match the zoning of adjacent properties within Tigard that are located on the
south side of Locust Street. Once the parcel is dedicated to city right-of-way, zoning will no longer be
applicable.
CONCLUSION: Upon annexation Site A will be zoned city R-7, which most closely implements
Washington County s comprehensive plan and zoning designations (R-6). Site C will be zoned city R-4.5
to match nearby properties within the city boundary. This criterion is met.
Chapter 18.390.060:Type IV Procedure
Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the
Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which
were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an
annexation. It also requires the City to provide notice at least 20 days prior to the hearing by mail and to
publish notice at least 10 business days prior to the hearing. City staff mailed notices to other agencies and
utilities on December 9, 2013 and property owners within 500 feet on December 24, 2013. A notice was
Jublished in The Tigard Times for two successive weeks (January 2, 2014 &January 9, 2014) prior to the
anuary 14,2014 public hearing.
Additionally, Chapter 18.390.060 sets forth five factors for consideration when making a Type IV
decision:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter
197;
FINDINGS: The city's Comprehensive Plan has been acknowledged by the Land Conservation and
Development Commission to be in compliance with state planning goals and as reviewed above, the
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
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annexation proposal is consistent with Tigard Comprehensive Plan goals and policies.
CONCLUSION: The proposal is consistent with the city's acknowledged Comprehensive Plan.
Therefore,the proposal complies with statewide planning goals,including citizen involvement,public
facilities,transportation,and urbanization.
2.Any federal or state statutes or regulations found applicable;
FINDINGS:
ORS 222:
State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous
territory when owners of land in the proposed annexation territory submit a petition to the legislative body of
the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous
territory. A city is not required to hold an election for such an annexation if it follows the noticing
procedures for a public hearing per ORS 222.120.
ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and
provide public notice to be published once each week for two successive weeks prior to the day of the
hearing, m a news aper of general circulation in the city, and shall cause notices of the hearing to be
posted-in four public places in the city for the same two week period.
The owner of the subject parcels has submitted petitions for annexation to the City. The subject parcel is
contiguous to the City's boundary. City staff mailed notice on December 24, 2013, and published public
notice in The Tigard Times for two successive weeks (January 2 and January 9,2014) prior to the January 14,
2014 public hearing and posted the hearing notice for public view on December 20, 2013 in the Tigard
Library,Tigard City Hall,Tigard Permit Center,and near the proposed annexation sites.
CONCLUSION: Staff finds that the provisions of ORS 222 have been met.
3. Any applicable METRO regulations;
Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be
addressed in annexation decisions, in addition to local and state review standards. Staff has reviewed the
Metro regulations for Local Government Boundary Changes and addressed the applicable regulations
(Metro Code 3.09.045(d) & (e) and 3.09.050) below:
FINDINGS:
Metro 3.09.045 (d) and (e)
The proposed annexation is not being reviewed through an expedited process, but subsections (d) of
Metro Code 3.09.050 requires that the standards of 3.09.045 (d) & (e) be addressed.
(d)To approve a boundary change through an expedited process,the city shall:
(1) Find that the change is consistent with expressly applicable provisions in:
(A)Any applicable urban service agreement adopted pursuant to ORS 195.065;
The Tigard Urban Service Agreement (TUSA) is between the City, County, Metro, and the service
Districts for water, sewer, transportation, parks and public safety. The agreement outlines the role,
provision, area, and planning/coordination responsibilities for service providers operating in the Tigard
Urban Services Area. These services are addressed above at the beginning of this report.
The Urban Planning Area Agreement (UPAA) between the City and the County provides coordination of
comprehensive planning and development, defines the area of interest, and includes policies with respect
to the active planning area and annexation. The agreement states that "so that all properties within the
Tigard Urban Service Area will be served by the City, the County and City will be supportive of
annexations to the City."
The applicable annexation policies include the assignment of comprehensive plan and zoning designations
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 6 OF 11
addressed earlier in this report and acknowledgements that the City is the ultimate service provider of
urban services within the Tigard Urban Service Area. The City has adhered to the Comprehensive
Planning and Development Policies outlined in the UPAA, and provided notice to/requested comments
from Washington County prior to the public hearing.
(B)Any applicable annexation plan adopted pursuant to ORS 195.205;
These statutes outline the pprocess for annexations initiated by a city or district, including public hearings
and voting procedures. This statute is not applicable since the annexation was initiated by the property
owner. The property owner (City of Tigard) has submitted a petition to annex. There are no registered
voters at the sites.
(C)Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2)between
the affected entity and a necessary party;
ORS195.020(2) speaks to cooperative agreements between counties or Metro with each special district that
provides an urban service within the boundaries of the county or the Metropolitan Service District.
Special districts would include fire,water, school, and sewer districts. These districts are the same within
the county and city with the exception of the sewer district, which will be the City of Tigard following
development of the subdivision. Planning for these areas will still be considered by the same special
districts upon annexation due to existing agreements with the City.
(D)Any applicable public facility plan adopted pursuant to a statewide planning goal on public
facilities and services; and
The City of Tigard Public Facility Plan was adopted in 1991 in compliance with statewide planning goals
and Oregon Administrative Rule 660-11. A revised plan is currently being developed as part of periodic
review and the River Terrace Community Plan. New Comprehensive Plan goals and policies for public
facilities were adopted in 2008 (Goal 11), and the applicable goals and policies were addressed previously
in this report. The proposed annexation is consistent with the Tigard Public Facility Plan.
(E)Any applicable comprehensive plan;and
The Tigard Comprehensive Plan applies in this case. Applicable policies are satisfied as addressed
previously in this report.
(2) Consider whether the boundary change would: (A) Promote the timely, orderly and economic
provision of public facilities and services; (B) Affect the quality and quantity of urban services;
and (C) Eliminate or avoid unnecessary duplication of facilities or services.
The proposed annexation will allow urban services to be provided for any future development of the sites,
which are currently planned for a city park and rights-of-way. Site A is currently developed with a vacant,
single-family home on septic, already served by city water, and served by Washington County and Tualatin
Valley Fire and Rescue (TVF&R). Upon annexation sanitary sewer and storm can be extended to serve
future development. In addition,Tigard Police will serve the site instead of Washington County Sherriff.
TVF&R will continue to provide service as it is a county-wide provider.
(e)A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel
that lies partially within and outside the UGB.Neither a city nor a district may extend water or
sewer services from inside a UGB to territory that lies outside the UGB.
The property to be annexed is not outside the UGB. This criterion is not applicable.
Metro 3.09.050 (b)
(b) Not later than 15 days prior to the date set for a change decision, the approving entity shall
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 7 OF 11
make available to the public a report that addresses the criteria in subsection (d) below, and that
includes at a minimum the following:
The staff report was available December 30,2013, fifteen days prior to the public hearing.
(1) The extent to which urban services presently are available to serve the affected territory
including any extra territorial extensions of service;
As addressed previously in this report, urban services are available and can be extended if necessary to the
affected territory.
(2) Whether the proposed boundary change will result in the withdrawal of the affected territory
from the legal boundary of any necessary party;and
The proposed territory will remain within Washington County but will be required to be withdrawn from
the Washington County Enhanced Sheriffs Patrol District and Urban Road Service District upon
completion of the annexation. This withdrawal is incorporated into the proposed ordinance.
(3) The proposed effective date of the boundary change.
The public hearing will take place January 14,2014. If the Council adopts findings to approve ZCA2013-
00004 and ZCA2013-00006, the effective date of the annexations will be upon filing with the Secretary of
State office per Oregon Revised Statutes (ORS 222.180) or 30 days following City Council adoption,
whichever is later.
(c) The person or entity proposing the boundary change has the burden to demonstrate that the
proposed boundary change meets the applicable criteria.
The proposed boundary change meets the applicable criteria as demonstrated in this staff report.
(d) To approve a boundary change, the reviewing entity shall apply the criteria and consider the
factors set forth in subsections (d) and(e) of Section 3.09 045.
The criteria and factors outlined in subsections (d) and (e) of Section 3.09.045 have been previously
addressed in this report.
CONCLUSION: As shown in the above findings the proposed annexation satisfies the Metro Code
regulations related to Local Government Boundary Changes. This criterion is met.
(Tigard CDC 18.390.060 continued)
4.Any applicable comprehensive plan policies;and
FINDINGS: Findings addressing the applicable Comprehensive Plan policies were provided previously in
this report.
CONCLUSION: As previously demonstrated, the proposed annexation is consistent with all applicable
comprehensive plan policies.
5.Any applicable provisions of the City's implementing ordinances.
FINDINGS: Resolution 13-08 extended previously approved incentives for property owners that
voluntary annex into the city limits through February 2014. The properties to be annexed are owned by
the city and are not subject to property tax. Therefore,the provisions of Resolution 13-08 do not apply in
this case.
SECTION VII. STAFF & AGENCY COMMENTS
Tigard Police reviewed the proposed annexation and have no objections.
No other comments were received.
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA 013-00004&ZCA2013-00006 PAGE 8 OF 11
SECTION VIII. PUBLIC COMMENTS
The City mailed notice to surrounding property owners within 500 feet. No written public comments
were received.
December 30.2013
PREPARED BY: Cheryl Gaines DATE
Associate Planner
December 30.2013
REVIEWED BY: Tom McGuire DATE
Asst. Community Development Director
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 9 OF 11
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East Bull Mountain and Locust Street Annexations
January 14, 2014
Statement by City Attorney—Quasi-Judicial Hearing Procedures
A copy of the rules of procedure for today's hearing is available at the entrance. The staff report
on this hearing has been available for viewing and downloading on the City's website and a
paper copy of the staff report has been available in the Tigard Public Library for the last seven
days.
The Council's role in this hearing is to make a decision under existing laws. The Council cannot
change the law for the application now under consideration.
Any person may offer testimony. Please wait until you are asked to speak by the Mayor and try
to limit your remarks to the application standards for the application.
Members of the City Council will be asked whether they have any conflicts of interest. If a
Council member has an actual conflict, the Council member will not participate.
Council members must declare any contacts about this case with a member of the public.
Council members must also declare if they have independent knowledge of relevant facts, such
as from a visit to the site in question. A Council member who describes ex parte contacts or
independent information may still participate in the decision.
After the discussion of conflicts and ex parte contacts, any person may challenge the
participation of a Council member or rebut any statements made. The Council member in
question may respond to such a challenge.
Tonight, City staff will summarize the written staff report. Then the parties requesting the
application and those in favor of the proposal testify. Next witnesses who oppose the application
or who have questions or concerns testify. If there is opposition or if there are questions, the
proponents can respond to them. The Council members also may ask the staff and the witnesses
questions throughout the hearing until the record closes. After all testimony is taken, including
any rebuttal, the proponents can make a closing statement. After the record is closed,the City
Council will deliberate about what to do with the application. During deliberations,the City
Council may re-open the public portion of the hearing if necessary to receive additional evidence
before making a decision.
You must testify orally or in writing before the close of the public record to preserve your right
to appeal the Council's decision. You should raise an issue clearly enough so that Council
understands and can address the issue. Failure to do so precludes an appeal on that issue. Please
do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement
of an earlier witness,please just state that fact and add any additional points of your own.
Please refrain from disruptive demonstrations. Comments from the audience will not be part of
the record. The point is, come to the microphone to get your comments on the tape, otherwise,
they won't be preserved for appeal. (Continued on reverse.)
When you are called to testify,please come forward to the table. Please begin your testimony by
giving your name, spelling your last name, and give your full mailing address including zip code.
If you represent someone else,please say so. If you have any exhibits you want us to consider,
such as a copy of your testimony,photographs,petitions, or other documents or physical
evidence, at the close of your comments you must hand all new exhibits to the City Recorder
who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal
opportunities expire, and then you can ask for their return.
I:\adm\cathy\cca\quasi judicial rules of procedure\rules of procedure-annexation is quasi judicial but not land use-east bull mtn and locust
street.doc
AGENDA ITEM No. 5 Date:January 14, 2014
QUASI-JUDICIAL PUBLIC HEARING -
PROPOSED EAST BULL MOUNTAIN
CITY PROPERTY/WILMINGTON LANE
ANNEXATION (ZCA2O13-00004), AND
LOCUST STREET ANNEXATION
(ZCA2O13-00006)
ZONE CHANGE ANNEXATION (ZCA) 2013-00004 - EAST BULL
MOUNTAIN — CITY PROPERTY/WILMINGTON & ZONE CHANGE
ANNEXATION (ZCA) 2013-00006 - LOCUST STREET ANNEXATION
REQUEST: A request to annex city owned properties and right-of-way into the City of Tigard. The
areas to be annexed are known as sites A,B, and C. Site A is made up of two parcels totaling 8 acres.
Site B is a portion of SW Wilmington Lane right-of-way (3,166 square feet). Site C is a city owned
property on Locust Street (1,986 square feet) that will be dedicated as right-of-way. Washington
County zoning of site C is TO: 18-24 (Transit Oriented Residential District, 18-24 units per acre).
There is no equivalent zoning outlined in the Tigard Community Development Code;therefore the
site will be zoned to match adjacent city zoning,R-4.5 (Low Density Residential). Zoning will not be
relevant after the site is dedicated as city right-of-way.
LOCATION: Site A: 13950 SW Alpine Crest Way;Washington County Tax Assessor's Map
2S104DC,Tax Lots 05800 and 05900. Site B: Wilmington Lane -no address or parcel number. Site
C: No address;Washington County Tax Assessor's Map 1S135AA,Tax Lot 00701.
COUNTY ZONES: R6: Residential, 5 units/acre minimum density, 6 units/acre maximum density
and TO: 18-24 (Transit Oriented, 18-24 units per acre).
CITY ZONES: R-7: Medium Density Residential District and R-4.5: Low Density Residential.
APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in
Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1, Goal 11,
Goal 12, and Goal 14; ORS Chapter 222;Metro Code Chapter 3.09.
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
I/ADM/Cathy/CCSignup/QJ PH 140114
AGENDA ITEM No. 5 Date: January 14,2014
PLEASE PRINT
Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
,
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
AIS-1512 6,
Business Meeting
Meeting Date: 01/14/2014
Length (in minutes): 25 Minutes
Agenda Title: Comcast Cable Franchise Extension and Discussion
Prepared For: Louis Sears, Financial and Information Services
Submitted By: Louis Sears, Financial and Information Services
Item Type: Resolution Meeting Type: Council
Business
Meeting-
Main
Public Hearing: No Publication Date:
Information
ISSUE
Should City Council approve an extension of the existing Metro Area Communications
Commission (MACC) franchise agreement with Comcast through December 31, 2014 to
allow for the "formal" federal negotiation process between MACC and Comcast.
STAFF RECOMMENDATION / ACTION REQUEST
Adopt the resolution to extend the Comcast franchise agreement through December 31, 2014
to allow for the formal review process between MACC and Comcast
KEY FACTS AND INFORMATION SUMMARY
The City of Tigard is a member of the Metro Area Communications Commission (MACC)
with other regional jurisdictions which includes Washington County, Banks, Beaverton,
Cornelius, Durham, Forest Grove, Gaston, King City, Lake Oswego, North Plains,
Rivergrove, Hillsboro, West Linn, and Tualatin. MACC administers the cable franchise
agreements for Comcast and Frontier for the MACC member jurisdictions.
The current MACC franchise agreement with Comcast signed in 1999, expires January 31,
2014. Comcast and MACC have been negotiating to renew the franchise for almost 3 years
under the informal negotiation process. If MACC and Comcast cannot reach a renewal
agreement, a formal process is used based on federal law.
Since February 2013 MACC and Comcast have met over 30 times to work through the details
of the renewal, but there are several areas where agreement has not been reached. On
December 11 the MACC Commission voted on the recommendation from the MACC
Executive Committee to invoke the formal negotiation process. Each MACC member
jurisdiction will need to approve the extension of the existing Comcast franchise through the
end of 2014 to allow time for the formal negotiation process.
OTHER ALTERNATIVES
N/.\
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/.\
DATES OF PREVIOUS COUNCIL CONSIDERATION
City Council approved the current MACC franchise agreement with Comcast in 1999 and the
franchise agreement expires on January 31, 2014.
Fiscal Impact
Fiscal Information:
MACC began to set-aside a portion of the franchise fees allotted to its operations to pay for
the costs of the community needs assessment, the actual renewal costs and, if needed, for
the Formal Process. $125,000 in funds were budgeted in FY14 for Formal Process
costs, and another$75,000 - $100,000 may be needed in FY15.
MACC estimates that accepting the current Comcast proposal would cost member
jurisdictions $6 million over the life of the franchise agreement and may impact jurisdictional
control or the public right of way (PROW).
Attachments
Model Resolution
MACC Report
Q&A
Comcast Extension Agreement
MACC Resolution 13-08
•
•
CITY OF TIGARD,OREGON
RESOLUTION NO.
A RESOLUTION EXTENDING THE TERM OF THE CABLE TELEVISION SERVICES
AGREEMENT WITH COMCAST OF OREGON II,INC.TO ENABLE THE
METROPOLITAN AREA COMMUNICATIONS COMMISSION TO COMPLETE THE
FORMAL RENEWAL PROCESS
WHEREAS,the Metropolitan Area Communications Commission, hereinafter"MACC," is an
intergovernmental cooperation commission formed by Intergovernmental Agreement("IGA")
under ORS Chapter 190, with Washington County and the cities of Banks,Beaverton,Cornelius,
Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego,North Plains, Rivergrove,
Tigard, Tualatin and West Linn as members("Member Jurisdictions");and
WHEREAS,the IGA contemplates that MACC and its Member Jurisdictions may grant one or
more nonexclusive cable franchise agreements to construct, operate, and maintain a cable service
system within the combined boundaries of the Member Jurisdictions; and
WHEREAS,on February 1, 1999,MACC and its Member Jurisdictions at that time,granted
nonexclusive cable franchise agreements("Comcast Franchises")which are now held by
Comcast of Oregon II, Inc. ("Comcast"); and
WHEREAS,the Comcast Franchises will expire on January 31,2014; and
WHEREAS,on March 9, 2011, Comcast requested that the Comcast Franchises be renewed;
and
•
WHEREAS,the IGA authorizes MACC to process Comcast's renewal request on behalf of the
Member Jurisdictions, including informal negotiations as set forth in 47 U.S.C. 546(h)and the
formal renewal process set forth in 47 U.S.C. 546(a)-(g); and
WHEREAS, in its letter of April 5, 2011, MACC properly responded to Comcast's request for
renewal of the Comcast Franchises and thereafter commenced the franchise renewal process set
forth in federal law at 47 U.S.C. 546; and
WHEREAS,on January 24, 2013,MACC directed staff to begin informal franchise renewal
negotiations with Comcast, as set forth in 47 U.S.C. 546(h), which informal negotiations began
in February 2013; and
WHEREAS,on June 5,2013,the Commission authorized the MACC Executive Committee to
invoke the formal renewal process set forth in 47 U.S.C. 546(a)-(g), if informal renewal
negotiations were not successful; and
WHEREAS,on November 22,2013,the Executive Committee found that further informal
renewal negotiations have no reasonable prospect of success and adopted Resolution 2013-06
directing MACC staff to begin the formal renewal process set forth in 47 U.S.C. 546 (a)-(g); and
WHEREAS,on December 11,2013,the MACC Commission adopted Resolution 2013-08,
ratifying Resolution 2013-06 and recommending that Member Jurisdictions extend the Comcast
Franchises to allow MACC to complete the formal renewal process; and
WHEREAS,Comcast has agreed to execute extension agreements with each Member
Jurisdiction; and
WHEREAS,the City of Tigard finds that it is in the best interest of the City and its residents to
process Comcast's request for renewal of the Comcast Franchise via the formal renewal process
set forth in 47 U.S.C. 546 (a)-(g), and to extend the term of the Comcast Franchise to allow
MACC to complete the formal renewal process.
Now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL that:
Section 1. Comcast's request for renewal of the Comcast Franchise will be processed
through the formal renewal process set forth in 47 U.S.C. 546(a)-(g).
Section 2. The Mayor is hereby authorized to execute the extension agreement with
Comcast substantially in the form attached hereto as Exhibit A to allow MACC to complete the
formal renewal process set forth in 47 U.S.C. 546 (a)-(g).
Section 3. This resolution shall be effective from and after its adoption.
Introduced and adopted this 14th day of January,2014.
Mayor
ATTEST:
City Recorder
MACC ME 1 Ropoll rAN AREA
COMMUNICATIONS COMMISSION
REPRESENTING BANES,BEAVERTON,CORNELIUS,DURHAM,FOREST GROVE,GASTON,HILLSBORO,KING CITY,LAKE OSWEGO,NORTH PLAINT,RIVERGROVE,TIGARD,TUALATIN,WEST LINN AND W'ASH.NGTON COUNTY
CAbkE TV[RANCI-IISE RECtuIATIo• • TE(ECOMMUNICATIONS Advice ANd SuppoRT • Public COMMUNICATIONS NETWORK(PCN) • IUAIATIN VAIlEY COMMUNITY 1V
REPORT TO MACC MEMBER JURISDICTIONS
RECOMMENDATION
COMCAST CABLE FRANCHISE TERM EXTENSION
DECEMBER 2013
Your jurisdiction is a member of the Metropolitan Area Communications Commission
(MACC), an intergovernmental agency which administers and regulates cable television
franchises for fourteen cities and Washington County. MACC currently administers
Comcast's cable television franchises (Comcast Franchise) on behalf of its members, as
well as a Frontier Cable Franchise for eleven jurisdictions where they offer those services.
MACC Recommendation —On December 11, 2013, the MACC Board of Commissioners
(Commissioners) unanimously passed a resolution (copy attached as Exhibit A)
recommending its fifteen member jurisdictions extend the current Comcast Franchise terms
until December 31, 2014, in order to provide time to complete the ongoing process to renew
the Comcast Franchise. According to the Intergovernmental Agreement (IGA) that created
MACC, in order for this extension to be effective, all 15 of member jurisdiction's governing
bodies (city councils and the County Commission) must approve this extension — if any
member jurisdiction fails to pass the requested extension as recommended by MACC, that
would "veto"the action of the other members.
Background
Comcast was granted a 15 year renewal of its cable television franchise in 1999 (then held
by TCI Cable)—that Franchise expires on January 31, 2014. On March 9, 2011 Comcast
requested MACC and its member jurisdictions renew that Franchise. That request for
renewal from Comcast triggered a 3-year renewal process governed by Federal Law (47
U.S.C. 546). That Law sets forth a prescribed Formal Renewal process which requires the
completion of an extensive community needs assessment by the Franchising Authority
(MACC) and from that assessment the development of a Request for Renewal Proposal
(RFRP) which contains a proposed new cable franchise agreement based on those
community needs. After development of the RFRP by MACC, it is provided to Comcast
which then has a set period of time in which to respond. After receiving and evaluating that
response, MACC would hold hearings to determine whether Comcast's response
"adequately fulfills the needs of the MACC communities taking into consideration the costs
thereof." The Formal Process does not preclude additional company/MACC discussions,
but it does place the process in a time-limited structure. After Comcast's response, MACC
would make a recommendation to its member jurisdictions to either grant Comcast a
renewal based on its response, or deny a renewal due to Comcast's failure to meet the
established needs. Either recommendation by the Commission would go back to the
15201 NW Greenbrier Parkway,Ste.C-1 • Beaverton,Oregon 97006 • Phone(503)645-7365 • FAX(503)645-0999 • Web Site www.inaccor.urg
SERVING OUR COMMUNITIES SINCE 1980
jurisdictions (no different than this request to extend the franchise term)where each
member would vote to accept or reject the Commission's recommendation.
The Federal Law also provides for informal negotiations that typically are used to reach
agreement on a new franchise. Informal negotiations follow many of the Formal Process
steps (i.e., development of a needs assessment), but are conducted in the manner like most
negotiations, and with considerable more flexibility than the more structured Formal
Process.
MACC/Comcast Informal Renewal Process—After completing its needs assessment and
presenting it to the MACC Board of Commissioners in January 2013, the MACC staff was
directed to begin negotiations with Comcast under the Informal Process. Actual
negotiations between MACC staff and Comcast local government affairs staff members
began in February 2013. At that time the parties agreed to a series of negotiation sessions
(one about every two weeks) through July/August with the plan for the final proposed
franchise agreement to be brought back to the Commission in September. This mutually-
agreed upon plan expected a Commission recommendation to the jurisdictions that would
be presented to each jurisdictional governing body between November and early January.
This timeline would allow the new franchise to be in place by the expiration of the current
agreement. MACC and Comcast also agreed to tackle the more difficult franchise issues up
front, leaving the other sections of the franchise for the later part of the proposed
negotiations time line.
At the Commission's June 5th meeting, staff reported delays it was experiencing in getting
Comcast to provide timely"red-line" sections in advance of scheduled sessions and that
more negotiation sessions had been added to handle these delays. The Commission
decided to vest its Executive Committee (the Commission's 3 officers) to act on its behalf to
monitor the progress of negotiations and to invoke the Formal Renewal Process if problems
continued during Informal Negotiations.
Inspite of the additional negotiation sessions, by the end of August many issues remained
unresolved. This was reported to the MACC Executive Committee in early September and
again on October 10th, where the Executive Committee unanimously directed staff to either:
1) complete informal negotiations with Comcast by the end of October, or 2) bring
legislation to an Executive Committee meeting in November to move negotiations from the
Informal to the Formal Process.
By October 25th, after over 30 meetings on the renewal (seven in October), it was clear to
MACC staff that the negotiations would not be completed by the end of the month or in time
for the jurisdictions to act before the current franchise expired at the end of January 2014.
As a result, the MACC Executive Committee on November 22nd adopted a MACC
Resolution which moved negotiations to the Formal Process and recommended that the full
Commission request that the member jurisdictions extend the current franchise agreements
to the end of 2014 to accommodate the Formal Renewal steps.
Action Requested
Today, MACC asks you to extend the term of the Comcast Cable Franchise Agreement until
the end of December, 2014 in order to accommodate the time needed to complete the
Formal Renewal Process (Comcast Legal has agreed with the terms of this extension). We
have worked with your staff and legal counsel to prepare a resolution or ordinance to effect
this change in your jurisdiction. All 15 MACC member jurisdictions must pass similar
legislation in order for this change to be effective. Extensions may be granted after the
January termination date without any adverse effects.
In addition to this report and a copy of MACC's recommending resolution, we have also
enclosed a "Question & Answer" memorandum that addresses expected questions about
this action.
MACC staff would be happy to answer any questions you have about this recommended
action.
Enclosures:
- MACC Resolution 2013-08
- MACC "Questions &Answers"
QUESTIONS & ANSWERS
ABOUT THE PROPOSED EXTENSION OF
COMCAST'S FRANCHISE TERM
The following Questions & Answers were prepared by MACC Staff to attempt to provide you
answers to expected questions regarding the proposed action:
Qi: How long a term was proposed for the new franchise?
A: We agreed with Comcast on 10 years which is typical in today's market—the current
franchise was granted in 1999.
Q2: What major issues in the negotiations were unresolved by the end of October?
A: As of October 31St, the following major issues remained unresolved (a number of lesser
issues also remained open):
- Franchise Fee Revenue—The definition of"Gross Revenues" describes in detail the
sources of cable service revenue used to compute the 5%franchise fee Comcast owes
member jurisdictions for the use of their Right of Way (ROW). (MACC estimates a loss
of$2 million in revenues over 10 years if Comcast's changes are accepted).
- Police Powers— For more than thirty years MACC area cable operators have agreed that
each jurisdiction could change their police powers ordinances for management of its
ROW as needed —Comcast now insists that they should only be subject to ordinances in
place at time of the grant of their new franchise agreement—future jurisdictional
ordinances would not apply to them.
- Customer Service —Comcast wants to eliminate business subscribers from the
protections of the franchise and reduce other customer service provisions. MACC had
already agreed to a reduced fine schedule.
- The Public Communications Network (PCN) — For more than thirty years MACC area
cable operators have provided, at cost, network services to over 240 local government,
school and library sites. Comcast wants to turn the operations of the PCN over to an
affiliate company—many issues remain to be resolved with this proposed transition—
PCN Users are not happy with this management change which would remove some
network management and responsibility out of Oregon.
- Public, Education and Government TV Channels (PEG) — MACC asked for one additional
channel for local government programming and to begin upgrading channels to HDTV.
Submitted for informal renewal negotiations only (47 U.S.C. 546 (h)) - pursuant to Federal Rules of
Evidence 408 or its state, local or city equivalent.
Comcast first agreed but recently suggested MACC trade that channel for other
franchise concessions.
- Competitive Equity—Comcast wants to rewrite the terms that dictate how MACC and
the jurisdictions will treat competitors who enter the local market. MACC prefers to use
the rules set-forth by the FCC and to not reduce our rights below those standards.
- PEG/PCN Grant Fund. In the current franchise, Comcast agreed to fund the Grant Fund
(which supports PEG and PCN users) in an amount equaling $1/month/subscriber.
Comcast passes that cost on to its customers, but it is their responsibility. MACC is
seeking to maintain the status quo for Grant funding by using the inflation-adjusted
equivalent for the next 10 years (about $1.35), which would still not meet all the
demands on that Fund. Comcast has offered 50c and has proposed eliminating Grant
funding for PCN equipment (which would result in about$550,000/year in costs to be
shifted to the member jurisdictions) Comcast has proposed eliminating operational
Grant support to a number of small PCN Users and agencies (including the Virginia
Garcia Medical Clinics, Banks/Gaston Schools, the cities of North Plains, Cornelius,
Banks, and King City)—this would either force these small Users to either pay this cost
(about $150,000/year) from their general funds or drop their PCN services entirely.
Q3: Why not just continue informal negotiations and extend the franchise term to
accommodate those discussions?
A: MACC and Comcast have had 33 meetings, seven of those in October. Without the
timeline structure of the Formal Process, negotiations could drag on even longer.
While MACC sees the Formal Process as necessary to ensure a timely renewal,
concurrent informal discussions with Comcast can continue. This is not unusual during
the Formal process.
Q4: Won't the Formal Process be costly to the MACC member jurisdictions?
A: No, not at all. Long before the renewal discussions began this year, MACC began to set-
aside a portion of the franchise fees allotted to its operations to pay for the costs of the
community needs assessment, the actual renewal costs and, if needed, for the Formal
Process. Funds were budgeted in this year's MACC budget just for Formal Process costs.
However, if MACC accepts Comcast's current positions, the resulting franchise will be
very costly to the jurisdictions in lost franchise fee revenues and reduced public benefits
including $6 million in Grant Funding and jurisdictional control over the PROW.
Submitted for informal renewal negotiations only (47 U.S.C. 546 (h)) - pursuant to Federal Rules of
Evidence 408 or its state, local or city equivalent.
Q5: Is use of the Formal Process common and are other jurisdictions moving to this
process in their negotiations with Comcast?
Although it has been uncommon in the past, recently it has been used more frequently
in Comcast systems. Besides MACC (and one other jurisdiction in the Oregon market
that may move to Formal), at least three jurisdictions in the West Comcast region have
moved to the Formal Process. We hear others are considering it.
Q6: Aren't there significant legal risks in entering the Formal process?
A: There are legal risks to cable franchising in general. However, even when a jurisdiction
is in the Informal Process they operate under many of the same rules as when under the
Formal Process.
Q7: What happens if Comcast is denied a renewal of its franchise agreement?
A: In the unlikely event the MACC jurisdictions under the Formal Process eventually decide
to deny Comcast a cable franchise renewal, Comcast would lose its right to use the ROW
and may need to respond to a new MACC RFP in competition with other providers.
Q8: Are there other competitors to Comcast who would offer to provide services to MACC
members if Comcast lost its franchise to serve this area?
A: Most definitely. Although this process is unlikely to result in a new provider, the MACC
service area is very attractive to competitors as a place to offer high-end
communications systems like cable and high-speed Internet services. In the unlikely
possibility that Comcast would no longer have a franchise, we would expect many
competitors to appear.
Q9: Are the subscriber rates for cable services negotiated during a renewal?
No, for all intents and purposes, most subscriber rate regulation at the local level ended
in 1998. We cannot regulate cable rates or dictate the actual programming offered by a
cable operator in a cable franchise.
Q10: Why can't MACC just force Comcast to accept the terms of a new cable franchise?
A: Federal Law dictates the process used for renewing a franchise based on a community's
needs. MACC has to follow Federal Law and really does not have the ability to force a
franchise on a provider.
Submitted for informal renewal negotiations only (47 U.S.C. 546 (h)) - pursuant to Federal Rules of
Evidence 408 or its state, local or city equivalent.
FRANCHISE EXTENSION AGREEMENT
WHEREAS, Comcast of Oregon II, Inc. ("Comcast"), formerly TCI of the Tualatin
Valley, Inc., currently holds a cable franchise with Tigard, Oregon ("City"), with an effective
date of February 1, 1999, which will expire on January 31, 2014 ("Franchise");and
WHEREAS, the City entered into an Intergovernmental Agreement, in accordance with
ORS Chapter 190, with the Metropolitan Area Communications Commission ("MACC") for
transfer of administration responsibilities associated with the Franchise, including renewal
negotiations; and
WHEREAS, MACC, on behalf of the City, has been working to process Comcast's
request for renewal of the Franchise in accordance with 47 U.S.C. 546; and
WHEREAS, the parties have agreed to extend the term of the Franchise to allow
additional time for the renewal process to conclude.
NOW,THEREFORE,the City and Comcast agree as follows:
1. The Franchise shall be extended to expire on December 31, 2014, unless a renewed
franchise agreement takes effect prior to that date, in which case the Franchise shall
expire on the effective date of the renewed franchise.
2. All provisions of the Franchise, other than the duration of the Franchise as set forth in
Section 2.3, shall remain in full force and effect through the expiration date set forth
herein.
3. Neither party waives any right which it enjoys under law as a result of agreeing to this
Franchise extension.
ACCEPTED this 14th day of January, 2014.
Tigard,Oregon
By:
Print Name:
Title:
ACCEPTED this day of January, 2014.
Comcast of Oregon H, Inc.
By:
Print Name:
Title:
00344902;2)
2418135v1
METROPOLITAN AREA COMMUNICATIONS COMMISSION
RESOLUTION 2013-08
A RESOLUTION RATIFYING THE EXECUTIVE COMMITTEE'S DIRECTION
TO BEGIN THE FORMAL RENEWAL PROCESS TO RENEW COMCAST'S
FRANCHISE AND RECOMMENDING THAT THE MACC MEMBER
JURISDICTIONS EXTEND THE COMCAST FRANCHISE TO ENABLE THE
COMMISSION TO COMPLETE THE FORMAL RENEWAL PROCESS
WHEREAS,in 1980 the Metropolitan Area Communications Commission("MACC")was
formed by Intergovernmental Agreement("IGA")to work cooperatively and jointly on
communications issues,in particular the joint franchising of cable services and the common
administration and regulation of such franchise agreements; and
WHEREAS,today the member jurisdictions of MACC consist of Washington County and the
cities of Banks,Beaverton,Cornelius,Durham,Forest Grove,Gaston,Hillsboro,King City,
Lake Oswego,North Plains,Rivergrove,Tigard,Tualatin, and West Linn("Member
Jurisdictions");and
WHEREAS,the IGA contemplates that MACC and its Member Jurisdictions may grant one or
more nonexclusive cable franchise agreements to construct,operate, and maintain a cable service
system within the combined boundaries of the Member Jurisdictions;and
WHEREAS,on February 1, 1999,MACC and its Member Jurisdictions at that time,granted
nonexclusive cable franchise agreements("Comcast Franchises")which are now held by
Comcast of Oregon II,Inc.("Comcast");and
WHEREAS,the Comcast Franchises will expire on January 31,2014;and
WHEREAS,on March 9,2011, Comcast requested that the Comcast Franchises be renewed;
and
WHEREAS,the IGA authorizes MACC to process Comcast's renewal request on behalf of the
Member Jurisdictions,including informal negotiations as set forth in 47 U.S.C.546(h)and the
•
formal renewal process set forth in 47 U.S.C. 546(a-g);and
WHEREAS,in its letter of April 5,2011,MACC,on behalf of its Member Jurisdictions,
properly responded to Comcast's request for renewal of the Comcast Franchises and thereafter
properly commenced the franchise renewal process set forth in federal law at 47 U.S.C. 546 by
budgeting funds to support renewal efforts,discussing the renewal process at MACC meetings,
and by developing/issuing a formal Request for Proposals("RFP")for professional assistance to
conduct a Technical Review of Comcast's operations and a( ominunity Needs Assessment
("Needs Assessment")as provided under 47 U.S.C. 546; and
WHEREAS,on January 24,2013 CBG Communications,Inc.("CBG"),MACC's consultant,
presented CBG's informal Technical and Needs Assessment findings,to-date,to MACC; and
WHEREAS,on January 24,2013,the Commission directed staff to begin informal franchise
renewal negotiations with Comcast,as set forth in 47 U.S.C. 546 (h); and
WHEREAS,staff began holding informal negotiations sessions with Comcast in February 2013;
and
WHEREAS,on June 5,2013,the Commission authorized the MACC Executive Committee to
invoke the formal renewal process set forth in 47 U.S.C. 546(a-g),if informal renewal
negotiations were not successful; and
WHEREAS,on November 22,2013,the Executive Committee found that further informal
renewal negotiations have no reasonable prospect of success and directed MACC staff to begin
the formal renewal process set forth in 47 U.S.C. 546(a-g); and
WHEREAS,the formal renewal process cannot be completed prior to the expiration of the
Comcast Franchises;and
WHEREAS,MACC finds that extending the term of the Comcast Franchises is in the best
interest of the Member Jurisdictions and the residents of the Member Jurisdictions;and
WHEREAS,Comcast has agreed to execute extension agreements with each Member
Jurisdiction.
NOW,THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
METROPOLITAN AREA COMMUNICATIONS COMMISSION THAT:
1. Resolution 2013-06,adopted by the Executive Committee on November 22,2013,
directing MACC staff to begin the formal renewal process set forth in 47 U.S.C. 546(a-
g)is hereby ratified.
2. MACC recommends that the Member Jurisdictions extend the Comcast Franchises to the
earlier of December 31,2014,or the effective date of a renewed franchise.
3, This Resolution shall be effective from and after its adoption.
ADOPTED BY N'r MLVHSSIONERS OF THE METROPOLITAN
AREA C I ' [ ►` " i i I S . P THIS 11th DAY 01?DECEMBER 2013.
ar
•- Nyberg, •APP.
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AGENDA ITEM No\S CODA-CA-0+ Date: January 14, 2014
PLEASE PRINT
Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
C1941c9sT-
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Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
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Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
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AIS-1568 7,
Business Meeting
Meeting Date: 01/14/2014
Length (in minutes): 10 Minutes
Agenda Title: Adopt 2014 City Council Goals
Prepared For: Marty Wine, City Management
Submitted By: Cathy Wheatley,Administrative Services
Item Type: Motion Requested Meeting Type: Council
Business
Meeting-
Main
Public Hearing: No Publication Date:
Information
ISSUE
Formally adopt near-term goals/milestones (through December 2014) established by the
council at its September 12, 2013 special meeting.
STAFF RECOMMENDATION / ACTION REQUEST
Review and formally adopt the attached proposed goals and milestones. This draft was
prepared based on input received from individual council members followed by a review and
discussion held during the September 12, 2013, council goal-setting meeting.
KEY FACTS AND INFORMATION SUMMARY
Council met in a goal-setting meeting on September 12,2013. Prior to the meeting Joe
Hertzberg of Solid Ground Consulting met with council members individually to discuss
short- and long-term goals for Tigard. From these meetings he prepared a list of major
headings for which there was a lot of agreement among the council members. These major
headings are:
Water I River Terrace
Tigard Triangle Southwest Corridor
Recreation Economic Development
Community Engagement Downtown
Annexation Finance
During the goal setting meeting, the council further defined steps to measure progress for
each of the above major headings. Attached is a draft summary of the goals/milestones and
the estimated timeline for identified steps. This draft summary was distributed and utilized in
the strategic planning process discussion conducted at the September 17, 2013, council
workshop meeting.
OTHER ALTERNATIVES
Identify any revisions council members agree are needed to the proposed goals and milestones.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
September 12, 2013
September 17, 2013
Attachments
Council Goals and Milestones Through December 2014
Tigard City Council - Proposed Goals and Milestones
September 2013 -December 2014
Goal/Milestone Estimated
Timeline
Water
Lake Oswego-Tigard Water Partnership
• Negotiate/proceed with water purchase from Lake Oswego Winter 2013
• Renegotiate LOTWP Intergovernmental Agreement (IGA) to Early 2014
reflect structure and management post-construction (evaluate
future of partnership roles)
• LOTWP bond sale (#2) Spring 2014
• Monitor progress of construction a ;,;i.•. d t•LO ects Through mid 2015
P t� ge , ' ►> >
operational
Develop Willamette River Water Sources"
• Rewrite WRWC member contract
• Continue to consider other sources: She !:;'o.� ?'„:?' P (studies) >' Mid-2014
• Develop"roadmap" for Tigard's future wa`` :''cisions through
2026
Intergovernmental Water Board
• Work plan for,and next governance agreements wit'''<`';:;,.rd End of 2014•
Water D;:::.1, Durham,King Cit\ (expires 2017,2-yr '4tice)
Communicat <: ` . residents about rate impacts/outreach 2015 and beyond
regarding pot
''3ft •'S ti•f
River Terrace 'µ'v
Park land acquisitio "> : ;<:<; ..nding,land dedication) Mid-2014
Cann ete,Community ;; zo dopted master plans June 2014
Building permits issued;d=`` >:;;•ime :• ns June 2014
Service delivery planning For 2014-15
budget
Tigard Triangle
Complete Triangle S •c Plan Fall 2014
Adopt zoning, street ansci standards December 2014
Begin implementing_plan;strategies December 2014 _
Southwest Corridor
Determine modes and alignment for study in federal EIS process Fall 2013
Determine regional route segments July 2014
Participate in federal EIS process (regional partner, financial) Mid-2014
Recreation (Evaluate options and resources to create a pilot recreation program)
Complete demand analysis for recreation opportunities Spring 2014
Compare recreation inventory with demand analysis to identify Spring 2014
needs/gaps
Council decision on city role(direct delivery provider, In time for 2014-15
contract/partnerships with others, funding source) budget
Page 1
Goal/Milestone Estimated
Timeline
Implement a new recreation effort based on role Fall 2014
Economic Development
Develop and adopt strategic priorities,resources, design program End of 2013
Data collection and understanding the economic base Underway 2014
Community Engagement
Redesign community survey effort to include regular two-way December 2013
communication efforts (based on Fall,2013 survey results
Continue 3-4 quarterly open forums to engage residents `? . borhood During 2014
groups
Community education efforts;develop fiscal repo ::'> e Ribbon Ongoing in 2014
Task Force recommendation) ,
Develop Tigard's community identity Ongoing in 2014
Downtown
Urban renewal ballot measure:Tigard vo > , .rify authority/project " November 2013
Strategy for redevelopment of city-owned p `.! December 2013
Resolve composition of CCDA (pros and cons:,', 11.:ia< : AC,Ec Dev Diccember 2013
Commission to make it a de ment agency) ' '`.
v.*
Main St./Green St. Construe January 2014
Continue Downtown Plaza Site acquisition and design i... Spring 2014
(contingent on site acquisition)
Continue Tigard St. Trail negotiation,design and dcvelopmen``D Through June 2014
Finalize downtown redevelopment opportunities (if issues can be June 2014
addressed)
Advance option >;,;.. rail crossing"trade" far Ash Avenue at-grade Through 2014
crossing
Explore Pacific High • .>' >k:.;;; ewal District options Late 2014
Growth/Annexation >€<.,
Successfully complete River`>' ;.ace CO''. unity Plan See above
Reconsider and agree to annexa' ‘ policy: reauthorize financial February 2014
incentives as needed;consider isla'`?: and remainder of Bull Mountain;
incentives for volunt. k.:annexation;timeline for Washington County
Develop planning and dine together with Washington County for Before June 2014
future annexations (B a ountain Metz: -r
Update annexation fiscal analysis (from 2004) Begin mid-2014
Consider annexation of urban reserves for employment land Late 2014 _
Finance
Represent Tigard at the regional, state and federal level to advocate for 1'and 2nd Q 2014
tax reform and other funding opportunities
Review city facilities strategy and develop options for repair and Mid-2014
replacement("good,better,best")
Seek voter-approved measure for major investment(capital,parks,etc.) Prepare for 2015
Page 2
AI S-1545 8.
Business Meeting
Meeting Date: 01/14/2014
Length (in minutes): 20 Minutes
Agenda Title: Adopt the City's 2014 State and Federal Legislative Agenda
Prepared For: Liz Newton, City Management Submitted By: Carol
Krager, City
Management
Item Type: Motion Requested Meeting Type: Council
Business
Meeting-
Main
Public Hearing: No Publication Date:
Information
ISSUE
Shall the City Council adopt the 2014 State and Federal Legislative Agendas?
STAFF RECOMMENDATION / ACTION REQUEST
Adopt the attached 2014 Federal Legislative agenda and the Legislative agenda for the 2014
Oregon Legislative session.
KEY FACTS AND INFORMATION SUMMARY
On December 10, 2013 the city council discussed possible policy issues to include in the city's
legislative agenda for the 2014 Oregon Legislative session.
Topics presented from the League of Oregon Cities' list of policy issues included:
Local Improvement Districts
9-1-1 Tax on Prepaid Wireless
Water Supply Development Fund Appropriations
Labor and Supervisor Management
Franchise Fees
Referral regarding the legalization of marijuana
Ongoing focuses from the city's 2013 Legislative agenda included:
Economic development/jobs
Transportation
Financial stability
Growth and development
The uncertainty around the Vertical Housing Program is another important issue raised by
staff that warrants attention in the legislature.
Staff has been working with the city's federal lobbyist to develop the 2014 Federal Legislative
agenda. A draft is attached. A partial list of grant priorites include:
Downtown Brownfield Assessment
Fields Economic Development Site
Hall Blvd. - Burnham Street to Durham Road
Farm to School Program
Police Interoperable Communications
Once council adopts the State and Federal Legislative Agendas the documents will be
finalized for distribution to state and federal representatives,Washington County and
neighboring cities.
OTHER ALTERNATIVES
Revise either the State or Federal Legislative Agendas
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
12/10/2013
Attachments
December 10,2013 Council Packet Items
Draft 2014 Federal Agenda
AIS-1528 14
Business Meeting
Meeting Date: 12/10/2013
Length (in minutes): 20 Minutes
Agenda Title: Discuss Legislative Agenda for 2014 Legislative Session
Prepared For: Liz Newton, City Management Submitted By: Liz
Newton,
City
Management
Item Type: Update, Discussion, Direct Staff Meeting Type: Council
Business
Meeting -
Main
Public Hearing: No Publication Date:
Information
ISSUE
Develop the city's legislative agenda for the 2014 Oregon Legislative Session.
STAFF RECOMMENDATION / ACTION REQUEST
Discuss the city's legislative priorities for the upcoming session and direct staff to prepare a
legislative agenda for consideration and adoption on January 14, 2014.
KEY FACTS AND INFORMATION SUMMARY
The Oregon State Legislature is scheduled to convene on February 4, 2014 for a short session.
This is an appropriate time for council to adopt a legislative agenda to communcate the city's
legislative priorities.
Staff recommends council consider the following for inclusion in the 2014 Legislative Agenda.
From the League of Oregon Cities list of policy issues:
Referral regarding the legalization of marijuana
Local Improvement Districts
9-1-1 Tax on Prepaid Wireless
Water Supply Development Fund Appropriations
Labor and Supervisor Management
Franchise Fees
A summary of these policy issues is attached as Exhibit "A".
The scope of legislation considered in the upcoming session will likely be very limited.
However there may be one or two ongoing issues of interest the council would like to include
in the city's legislative agenda. The city's 2013 Legislative Agenda focused on economic
development/jobs, transportation, financial stability and growth and development. A copy of
the 2013 legislative agenda is attached for reference.
Another issue raised by staff relates to uncertainty around the Vertical Housing Program.
The Vertical Housing Program encourages mixed-use commercial / residential developments
in areas designated by communities through a partial property tax exemption. The exemption
varies in accordance with the number of residential floors on a project with a maximum
property tax exemption of 80 percent over 10 years. An additional property tax exemption on
the land may be given if some or all of the residential housing is for low-income persons (80
percent of area median income or below). A number of cities, including Beaverton and
Hillsboro, are using vertical housing to encourage mixed-use development.
This is a potential tool for Tigard to use in partnership with housing developers; however,
uncertainty exists as to whether the program will be extended beyond its 2016 sunset.
In an effort to coordinate with our regional partners, staff will obtain legislative agendas form
Washington County and the cities of Beaverton, Hillsboro, Sherwood and Tualatin and
provide them to council as they are available.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Attachments
League of Oregon Cities Policy Issues of Interest
2013 Legislative Agenda
EXHIBIT A
2014 League of Oregon Cities' policy issues of interest:
Referral regarding the legalization of marijuana
Should the legislature decide to take up the issue of referring to voters a measure legalizing the
recreational use of marijuana,the League would like to be involved in those discussions, particularly as
they relate to:the governing agency responsible for oversight; public safety; local licensing, siting and
zoning authority; production limits and taxation and revenue distribution.
Local Improvement Districts
Cities rely on local improvement districts to complete important upgrades to infrastructure that benefits
a local area within the city's boundaries. The League is concerned that legislation will be brought that
will limit the ability of cities to use this financing mechanism that insures that the beneficiaries of
specific improvements bear the cost of those improvements and instead lead to the general taxpayer
funding these projects from the limited general funds cities currently have available.
9-1-1 Tax on Prepaid Wireless
While the legislature extended the sunset date for the 9-1-1 tax on telecommunication services,the
prepaid cell phone market remains outside this important revenue source. With prepaid phones
becoming an increasing portion of the industry and such phones being used to access the emergency
service system, we believe that the work of finalizing the collection mechanism for such a fee must be
finished in the 2014 session and the prepaid cell phone users will thereby pay their fair share for this
vital service.
Water Supply Development Fund Appropriations
The League requests a budget note to the budget reconciliation bill, or other appropriate legislation,
clarifying the appropriation of lottery bonds from the Water Supply Development Fund. This fund was
established in 2013 legislation, which included authorization for two specific projects—the state$1.5
million match for a water reallocation project in the Willamette Basin and a$750,000 fund for a
comprehensive basin study for the Deschutes Basin. In 2013,$10 million was appropriated to the
development fund and the two projects now need a budget note to finalize the funding outside the loan
and grant process as laid out in the authorizing bill.
Labor and Supervisor Management
The League would once again oppose changes to Oregon's collective bargaining law that would place
supervisory employees into collective bargaining units and require mid-term bargaining to be subjected
to binding arbitration. Similarly,the League would urge caution in regards to changing Oregon's public
contracting code in a short session. Public contracting is an area fraught with complications that require
robust deliberations not offered in the time available.
Franchise Fees
While the League worked on legislation in the 2013 session to address the differences in franchise fees
charged to different types of telecommunication companies. While we appreciate the need for equity,
the League is concerned about proposed legislation that would alter the statutory basis for franchise
fees. We oppose any preemption on local authority related to franchise fees and other right-of-way
management policies. We prefer that the discussions started in 2013 continue through a work group
and present a solution for possible consideration in the 2015 session.
r.
i :+ :> � I 2013
Legislative
g ninils
I I.I
TIm(1_ (1f'P_p011
"She flies with her own wings." Development/Jobs
Jessie Quinn Thornton,1854 Economic Development/Jobs
• Jobs/Economic Development Initiative
Endorse the League of Oregon Cities (LOC)Jobs/Economic
Development Initiative to support three policy options in the Oregon
Business Development Department's budget:
❑ The Brownfields Redevelopment Fund for gap funding to clean
up industrial sites.
Sen. Ginny Burdick ❑ Patient Capital for Industrial Lands Pilot Program for funding to
SENATE DISTRICT 18 cities to install infrastructure and conduct feasibility studies
900 Court St.NE,5.213 needed for sites to be "shovel read
Salem,OR 97301 y."
sen.ginnyburdick @state.or.us ❑ The Employment Site Re-Use/Redevelopment Pilot Program to
assist communities with funding incentives to reuse/redevelop
existing industrial lands.
• Downtown Brownfield Development
In addition to supporting the LOC's Jobs/Economic Development
Initiative, pursue available federal funding to clean brownfield sites.
Rep.Margaret Doherty
HOUSE DISTRICT 35
900 Court St.NE,H-282 Transportation
Salem,OR 97301
rep.margaretdoherty @state.or.us
• Defeat legislation that would extend or make permanent the
moratorium on raising existing or levying new local gas taxes and/
or any legislation that proposes to restrict or pre-empt cities' ability
to charge any transportation-related fee or tax.
Tigard City Council In 2009, legislation was adopted that prohibited local governments
Mayor John Cook from enacting or amending charter provisions, ordinances or
Council President Marland Henderson
Councilor Gretchen Buehner resolutions related to the collection of local motor vehicle taxes
Councilor Marc Woodard until Jan. 2, 2014. The legislation did not apply to Tigard because
Councilor Jason Snider
our local motor vehicle tax was in place. Oppose any legislation
13125 SW Hall Blvd.,Tigard,OR 97223 that pre-empts the city's ability to charge any transportation-
councilmail@tigard-or.gov related fee or tax.
• Seek additional funding,efficiencies and program support for
multimodal transportation and rail projects.
Pursue state and federal grants and other funding sources, and
$11
regional, state and federal support for multimodal transportation
investments including high-capacity transit (HCT) and the Columbia
TIGARD River Crossing project.
• Tigard Street Trail
City of Tigard Work with ODOT Rail and Portland &Western Railroad to secure the
mmtigard or.gov property rights for the former rail bed land paralleling Tigard Street.
Pursue regional, state and federal funds for construction of a trail.
2013 Legislative Agenda I ligard,Oregon Page 2
Financial Stability
• Local Control Amendment
This constitutional amendment would allow local voters to consider
a local option levy outside of compression and extend the duration
from 5-10 years. (HJR 26 in the 2011 legislative session.)
• Maintain and strengthen the state's commitment to the State
Shared Revenue funding formula.
Prevent erosion of the formula for distribution of state liquor,
cigarette and gas tax revenue to cities.At a minimum retain the
current distribution formula.
• Address tax equity issues in the context of state telecommunications
laws including removing existing pre-emptions that have led to
declining revenues.
The predominant system of franchising telecommunications
providers has not kept pace with technology. In particular,the shift
from land line telephones to wireless technologies has resulted in an
erosion of telecommunications revenues in Tigard and throughout
Oregon cities. Over the last three years,Tigard has seen a 45 percent
decrease in telecommunications franchise revenues.
• Allow local governments a more flexible use of transient lodging
tax to meet the increased demands placed on both essential
services and infrastructure created by tourism activities.
Current law prohibits cities from imposing new local transient
lodging taxes. Cities' share of state transient lodging taxes may fund
city or county services without restriction. Retain the current
distribution formula of state transient tax dollars and fund city
services without restriction.
• 9-1-1 Tax Renewal
Renew the 9-1-1 emergency tax beyond its expiration in 2014 and
extend the tax to prepaid cell phones and VoIP services.As these
services become a higher share of the market, the tax revenues to
9-1-1 centers is declining which shifts the financial burden for
operating 9-1-1 centers to cities even though the demand for service
increases. It is estimated that extension of the 9-1-1 tax would
generate$700,000 for WCCA to pay for increased service demand.
Growth and Development
• Support an urban growth boundary agenda that would provide for
a more efficient urban growth management system.
Support a requirement that concept and community planning for
urban growth boundary expansion areas is conducted by the
jurisdiction that will ultimately govern the area, and that those final
plans be adopted and annexation occur prior to development.
CITY OF TIGARD
1111 .
q
TIGARD
2014 FEDERAL LEGISLATIVE AGENDA - DRAFT
GRANT PRIORITIES
Downtown Tigard Brownfield Assessment
Tigard is seeking funds to support site investigations and community planning for productive reuse
of sites in the downtown, as well as any priority sites in Tigard's industrial and employment areas. For
several years, the City of Tigard and community members have envisioned a more vibrant and
prosperous downtown and have developed detailed improvement plans. Progress has been made on
implementing these plans with several projects completed, or about to commence. A major challenge
to redevelopment, however, has been the need to assess some downtown properties for potential
environmental issues. Approximately sixty properties in this area have been identified as
contaminated, or potentially contaminated, from previous uses; these are known as potential
brownfield properties. Tigard supports the cleanup and revitalization of these properties, and plans to
provide incentives to property owners to address brownfield challenges. Request Amount: $400,000
Tigard/Metzger Farm to School Program
The city is working with the Tigard Tualatin School District and the Oregon Human Development
Corporation YouthSource on securing funding for enhanced farm to school operations at Metzger
Elementary. Metzger Elementary serves the highest Spanish speaking student body in Tigard and
highest percentage of students receiving free and reduced price meals in the district. The Partnership
will produce nutritious,local organic greens for low income populations by growing them year-round
in a greenhouse at Metzger Elementary School. Request Amount: $100,000
Fields Economic Development Site
The Fields property,located in Tigard's industrial corridor,includes four contiguous tax lots
encompassing just over 42 acres of vacant land. The largest two lots are zoned Industrial Park. The
property is bounded on the south by an active rail line and rail car switching yard. On the southwest
side of the property runs a privately owned rail.
The Fields has a combination of development challenges including lack of infrastructure, slope, and a
variety of permitted land uses. However, the size of the parcels combined and the site's location with
close proximity to I-205 and Hwy 217 are assets that make this property marketable. The site is
complex and requires a complex solution in order to arrive at a mix of activities that respond to near
and long-term market demand as well as the needs of this community.
The City of Tigard is working with private sector partners to refine development scenarios, explore
infrastructure financing and encourage development that supports employment. We are currently
investigating US Department of Commerce Economic Development Administration Program
funding as a relevant tool.
Promote the Farmers Market in Downtown Tigard
The Tigard Farmers Market is focused on bringing farmers,community and non-profits together in a
way that benefits all. The market is seeking additional resources to promote a new location in
downtown Tigard to expand producer-to-consumer opportunities in a larger space. Funds are needed
for signage including permanent way-finding signs and a kick-off event to promote the new
expanded market to the community. Request Amount: $100,000
Hall Boulevard- Burnham Street to Durham Road
This project will replace, add turn lanes at key intersection, illuminate, add transit stop amenities and
fill in the sidewalk gap along Hall Boulevard from Downtown Tigard to Durham Road. Request
Amount: $7,100,000
Highway 217 Interchange with 72nd Avenue
Evaluate and develop a conceptual design to address the transportation issues in the area of the
interchange of Highway 217 with 72nd Avenue. This project will focus on the ramp terminals, cross
street and streets intersecting 72nd Avenue. Request Amount: $800,000
Safe Routes to Schools
The city has identified a future vision to become "The most walkable community in the Pacific Northwest
where people of all ages and abilities enjoy healthy and interconnected lives" A key aspect of that vision is to
ensure that children have safe routes to walk to school. The incomplete sidewalk connection on SW
Murdock from SW 103rd to a sharp curve in front of Templeton Elementary prevents children from
walking to school safely. Request amount: $2,000,000.
Police Interoperable Communications
Because of federal mandates,the regional dispatch center in Washington County will be moving from
an analog communications network to 800mhz digital format. To accommodate this transition, all
radios operated by first responders in the region must be replaced by 2018 in order to communicate
with the dispatch center. Our current radios will be inoperable as of 2018.. Thus, Tigard Police
Department would need to replace 99 portable and 56 mobile devices. While expensive, the digital
format will provide some benefits, including greater capacity and flexibility for transmitting data and
allow for seamless communications between the city, county and other first responders on the
network. Request Amount: $250,000
Police Automated License Plate Recognition Equipment
Automatic License Plate Recognition (ALPR) is a surveillance method that uses optical character
recognition on images to read vehicle registration plates. Automated license plate recognition would
be of great value to Tigard because of the major state highways intersecting the city as well as having
the state's largest shopping mall within city limits. Tigard has some of the busiest roads and highest
traffic counts in the State of Oregon and could employ ALPR to track stolen vehicles, amber alert
suspects and drivers operating on a suspended license. Washington Square, Oregon's largest
shopping mall, is a target of frequent car theft and stolen vehicle "drops" are prevalent. The
implementation of the license plate recognition technology will maximize the efficiency of a police
force that has been reduced because of budget cuts. Request Amount: $238,000
PROJECTS SUPPORTED BY THE CITY OF TIGARD
Pacific Highway (99W)/Barbur Boulevard High Capacity Transit Alternative Analysis
An alternatives analysis and preliminary engineering study to determine the best high capacity
connection to provide transportation options to connect downtown Portland, Tigard, King City,
Tualatin and Sherwood. Reductions in automobile trips will reduce roadway congestion and
pollution, reduce accidents and set the groundwork for efficient development along the transit line.
Total Cost: $11.4 million;Federal Request: $1 million
Lake Oswego-Tigard Water Partnership
In August 2008, the cities of Lake Oswego and Tigard formally endorsed a partnership agreement for
sharing drinking water resources and costs. Lake Oswego's water supply system is near capacity, and
key facilities need expansion and upgrades. Tigard residents need a secure, dependable water source.
Both cities want to keep water affordable for their customers and sharing the cost of new
infrastructure to serve both communities does that. Total Cost: $240 million
Columbia River Crossing Project
The City of Tigard strongly supports the Columbia River Crossing (CRC) Project, which is a long-
term,comprehensive solution to problems on Interstate 5 near the Columbia River. The I-5 corridor
is the backbone of a network of roads that provide access to the region,which is more susceptible to
long-term economic losses from congestion than other areas because of its ties to trade.
POLICY ITEMS
Support Robust Transportation Reauthorization Bill
Congress should develop a comprehensive legislative effort to create jobs by providing robust
funding for bridges, highways, mass transit and other local infrastructure needs.
FY 2015 Program Levels
Maintain adequate funding levels for TIGER, CDBG, HOME, BYRNE, COPS, EDA,Assistance to
Firefighters Funding.
Protect Municipal Bonds
The City strongly supports protecting tax exempt municipal bonds from being eliminated or limited.
Since the federal income tax was instituted in 1913, interest earned from municipal bonds issued by
state and local governments have been exempt from federal taxation. These bonds are the primary
financing mechanism for state and local infrastructure projects, with three-quarters of the
infrastructure projects in the U.S. built by state and local governments, and with over $3.7 trillion in
outstanding tax-exempt bonds, issued by 30,000 separate government units. Local governments save
an average of 25 to 30 percent on interest costs with tax-exempt municipal bonds as compared to
taxable bonds. This is true because investors are willing to accept lower interest on tax-exempt bonds
in conjunction with the tax benefit. If the federal income tax exemption is eliminated or limited,
states and localities will pay more to finance projects, leading to less infrastructure investment, fewer
jobs, and greater burdens on citizens who will have to pay higher taxes and fees.
Secure a Tigard Zip Code
Tigard staff is investigating the process to secure a distinct Tigard mailing address, instead of the
current Portland designation.
EPA Regulatory Concerns and Unfunded Mandates
The City opposes legislative or regulatory initiatives that undermine local government decision
making and contributes to reduction in our workforce. The partnership with federal policy makers
should recognize local government roles and not preempt city authority on issues such as land use,
rights of way and other local functions.
AI S-1542 g,
Business Meeting
Meeting Date: 01/14/2014
Length (in minutes): 10 Minutes
Agenda Title: Council Travel Policy
Submitted By: Cathy Wheatley, Administrative
Services
Item Type: Update, Discussion, Direct Staff Meeting Type: Council
Business
Meeting-
Main
Public Hearing: Publication Date:
Information
ISSUE
Confirm travel policy and practice for the City Council.
STAFF RECOMMENDATION / ACTION REQUEST
Approve the updated travel policy and authorize the Mayor and City Manager to sign.
KEY FACTS AND INFORMATION SUMMARY
A draft policy regarding Council travel procedures was circulated to the Council in June and
again in September, 2013. The intent of the draft policy is to implement the City Council's
direction, given during 2013 budget adoption. The Council will primarily use a per-diem
reimbursement for travel rather than requiring the collection of itemized receipts and
purchasing card expenses for meals and incidentals during travel for city business. The
Council has already implemented the following practices as of July 1:
1. When a Councilor will travel for city business, the Executive Assistant to the Mayor
and City Manager will make as many travel arrangements in advance using the city
purchasing card.
2. The Executive Assistant to the Mayor and City Manager will research which meal and
other travel incidental costs that will be reimbursed during the trip and request a check
for a per-diem allowance that will be issued in advance of the trip.
3. Councilors may use the city purchasing card during travel and itemized receipts must
still be submitted as documentation.
OTHER ALTERNATIVES
Adopt prior practices to primarily use city purchasing card for travel.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
June 11, 2013
September 16, 2013
Attachments
Council Travel Policy
Staff memo
•
111 _ City of Tigard, Oregon
Ore
g g
TIGARD
City Council Travel Policy Effective Date: September 1, 2013
Approved: Signature:
SUMMARY
1. General Provisions
2. Compliance and Accountability
3. Definitions
Out-of-Town Travel
4. Pre-Authorization
5. Travel Time
6. Travel Methods
7. Lodging
8. Meals
9. Payment Methods
10. Personal Expenses
11. Travel Reconciliation
12. Compliance Auditing
Local Travel
13. Local Travel Methods
14. Local Meals
1. GENERAL PROVISIONS
1.1. Purpose of Policy. The purpose of this policy is to provide guidelines to members
of the City Council (Council) for payment of travel expenses in a cost-effective and
efficient manner ensuring the best result for the City.
1.2. Applicability. This policy applies to Tigard's City Council and is to be adhered to
by all members of Council.
1.3. The City's Financial and Information Services Department shall administer the travel
policy and shall periodically review travel and training records to ensure policy
compliance and provide any necessary training to departments on the
implementation of the policy.
1.4. The City Council and City Manager's office shall ensure that each member of
Council dcomplies with the policy,and ensuring expenditures are appropriate and
directly related to City business. Questions regarding the intent or application of this
policy document shall be directed to the City's Financial and Information Services
Director.
Citywide Travel Policy 1 1 P a g e
1.5. The City Council shall have final authority for administering,interpreting,and
applying the terms of these procedures.
1.6. Personal Expenses. The City,with very limited exception,shall not pay for any
personal expenses incurred by a member of Council during City business travel. For
example,Council member will not be reimbursed for personal grooming items,
parking tickets,entertainment expenses,etc.
2. COMPLIANCE AND ACCOUNTABILITY
2.1. All members of Council must comply with the provisions contained herein.
Periodically,the City's Finance and Information Services Department may perform a
review of the City's travel records to ensure compliance with this policy. The
Finance and Information Services Department,working with the City Council and
the City Manager's Office,may implement appropriate and progressive sanctions
related to misuse. All Council members must fully comply with requests for records
and documentation supporting all travel expense claims.
2.2. Council members may be liable for improper use of public funds. As public officials,
Council members that order,authorize or cause to be made any expenditure in
violation of City policies,state statutes,rules,or procedures can and will be held
personally financially liable for inappropriate expenditures.
3. DEFINITIONS
The following terms may be used throughout these policies:
3.1. Actual. The actual meals or lodging cost supported by receipts. The City's policy is
to pay actual costs for lodging up to the Federal per diem rate for the location.
3.2. Conference/Training Meal. Any meal provided,through the registration process,
by a conference or training.
3.3. Contracted Travel Agency. The travel agency under contract with the City to
provide travel related services. Azumano Travel is the City's current Contracted
Travel Agency.
3.4. Council Member. An individual elected to either the office of Mayor or City
Councilor for the City of Tigard.
3.5. Council Member Travel. Travel by Council member on official City business.
3.6. Frequent Flyer Miles. Credits acquired when making qualified air travel purchases.
It is the City's policy that to Council member(or any employee or agent of the City)
shall not earn any Frequent Flyer Miles while on City business.
3.7. Incidental Expense. Small costs associated with travel. Incidental Expenses
include,but may not be limited to: Gratuities,taxi fare,work related mailing costs or
phone charges,etc.
Citywide Travel Policy 2 1 P a g e
3.8. Itinerary-Airfare. Information provided by an airline or travel agency showing the
traveler's name,dates of travel,class of travel,and travel route.
3.9. Local Travel. Travel that is not overnight and/or less than fifty(50) miles from
City Hall. Both criteria must be met to be considered Overnight Travel.
3.10. Meals. Standard breakfast,lunch,or dinner eaten by a Council member during City
business travel.
3.11. Mileage. The distance traveled via personal automobile by a Council member
during travel. The City calculates mileage during travel from Tigard City Hall,not
the Council member's home. To development the reasonable estimate of mileage,
the City shall use an online travel/map site such as Mapquest or Google Maps.
3.12. Official City Business. Business,and any travel associated with it,that directly
provides a benefit to the City.
3.13. Overnight Travel. Any travel that requires a a Council member to stay overnight.
A conference or training must be at least 50 miles away from the City to justify an
overnight stay.
3.14. Per Diem Allowance. The allowance for lodging,meals and incidental expenses
established for the travel destination as established by the U.S. General Services
Administration(GSA). The City's policy is to pay actual lodging expenses up to the
GSA rate and a daily per diem for meals equal to the GSA rate for the destination
city.
3.15. Pool Vehicle. A City-owned vehicle available for"check out"by any employee,
elected official,or agent of the City.
3.16. Purchasing Card. A City-issued credit card that is the preferred means of payment
for travel expenses other than meals.
3.17. Receipt. A document detailing an expense incurred. To be valid,a receipt must
provide the name and address of the business, the date of the purchase,an itemized
description of the goods or service purchased,and the amount of the purchase. For
lodging expenses,the receipt must also include the name of the guest,the number of
guests,the dates occupying the room,the room number,the room rate,and the
lodging tax.
3.18. Travel Pre-Authorization Form. A Departmental form that may or may not be
required prior to any travel. The City Council and City Manager shall determine the
best way to document pre-authorization for City Council travel.
3.19. Travel Purchasing Card. A generic purchasing card that can be checked out prior
to travel by a Council member who does not have a City-issued purchasing card.
Citywide Travel Policy 3 1 P a g e
3.20. Travel Reconciliation Statement. A City-required form that must be completed
within five (5) full business days upon return from any overnight City business travel.
3.21. Travel Time. The amount of time that is required by a Council member to travel to
and from a conference or training.
3.22. U.S. General Services Administration (GSA) Per Diem Rates. The estimated
daily cost of lodging,meals,and incidentals for various cities that is used by the City
as the maximum actual costs to cover during travel.
OUT OF TOWN TRAVEL
4. PRE-AUTHORIZATION
Pre-Authorization shall be a Departmental responsibility. The City Council shall develop a
a pre-authorization procedures and train their staff on these procedures. Pre-Authorization
may be required by a Department for any travel but especially in the case of travel with
overnight stay,travel requiring air travel,or travel where lodging exceeds the daily allowance.
4.1. Pre-Authorization Form. The City Council shall have a Pre-Authorization Form
available for staff use. The FIS Department has created a generic form that may be
used by the City Council or the Council may elect to create their own form that best
meets their needs.
4.2. Pre-Authorization Filing. The City Council shall be responsible for retaining a file
of the Department's travel pre-authorization documents. This file shall include
approved and denied travel information.
4.3. Travel Coordinator/ Point of Contact. It is the recommendation of this Policy
that the City Council designate a Travel Coordinator or single point of contact for
employees to refer to for guidance and questions. The FIS Department shall have a
Coordinator or single point of contract for any City business travel information and
guidance.
5. TRAVEL TIME
It is the policy of the City to use a reasonable estimate for allowable travel time during which
any public official,employee,or agent of the City is considered"on—the-clock". Please see
Citywide Personnel Policy#47 for further information about travel time and compensation.
Under FLSA,the rules for paid travel change when the travel involves an overnight stay. In
these cases,time spent traveling during normal work hours are paid,while time spent
traveling outside of normal work hours are not. The only exception permitting an employee
to be compensated for overnight travel outside of normal work hours is when the employee
is the actual driver of the vehicle or is actively engaged in doing work tasks. Passengers,
regardless of the mode of travel,are compensated only for travel time during normal work
hours.
Please note: This particular rule applies seven(7) days a week. So if an employee is normally
scheduled 8:00 am to 5:00 pm,M-F,and travels between the hours of 12:00 pm and 4:00 pm
Citywide Travel Policy 4 P a g e
on a Saturday,the employee would be paid for four(4) hours of travel pay,even though the
employee traveled on a Saturday: Look at the hours of travel,not the day of travel.
In further accordance with the FLSA,a public official,employee,or agent of the City shall
be paid their regular hourly rate during any official training or conference hours.
5.1. To development the reasonable estimate,the City shall use an online travel/map site
such as Mapques f or Google Maps. A public official,employee,or agent of the City
may receive additional time if appropriate justification for the needed time (i.e.
delayed flight) is submitted to his/her supervisor and approved.
6. TRAVEL METHODS
The City shall require the most direct and cost effective means of travel for a Council
member attending any conference or training. The costs of means of travel,both in dollars
and requirements of staff,shall be weighed with the most beneficial to the City being
utilized.
6.1. Auto Travel. Auto travel is the most common means of transportation used during
City business travel.
6.1.1. City Pool Vehicle. Employees are strongly encouraged to use the City's
Pool Vehicles during local travel. These vehicles may be reserved and
checked out during the employee's travel dates.
6.1.1.1.Non-City Employee Ride-Along. Per the City's Personnel Policy:
"Family members or other non-City employees shall not be
transported in city vehicles except as specifically authorized by the
department director or consistent with department policy or in cases
in which the city vehicle is regularly assigned to the employee as a
provision of an employment contract"
As such, family member or other non-City employees may
accompany an employee in a City-owned vehicle during City-related
travel with the appropriate approvals.
6.1.2. Personal Vehicle. Council members may use their own vehicles for City
travel. Use of a personal vehicle during City travel shall be authorized
during the pre-authorization process in the Department.
6.1.2.1. Insurance. Council members that use their private vehicle for City
business are required to have personal automobile liability insurance
to provide the primary coverage for any accidents involving that
vehicle. Documentation of said coverage must be on file with the
City's Risk Management Office.
6.1.2.2. Mileage Reimbursement. When a Council member uses their
personal vehicle for City travel,the City shall reimburse the Council
Citywide Travel Policy 5 I P a g e
member for mileage up to,but not more than, the Federal per mile
reimbursement rate. Total allowable mileage shall be calculated from
Tigard City Hall to the lodging location and back. If required,
additional mileage may be granted under certain circumstances. No
other means of fuel or mileage reimbursement shall be approved by
the City.
6.1.2.2.1. The City shall use an online travel/map site such as
Mapquest or Google Maps to develop the total allowable
mileage distance.
6.2. Air Travel. The City shall pay actual cost for a Council member's City business
travel. All Council members shall utilize coach when traveling commercial airline.
Reservations,where possible,should be made at least fourteen (14) or more days in
advance to take advantage of any and all available discounts. Increased fees related
to late booking may be disallowed unless documented with a sound business reason.
Council members may at their own expense pay to upgrade their airline
accommodations or alter their flight itinerary for personal business.
6.2.1. Contracted Travel Agent. Council members are strongly encouraged to
utilize the City's Contracted Travel Agent for air fare during City travel.
6.2.1.1. Government Air Fare. The City's Contracted Travel Agent is
authorized to provide the City with government air fare ("City Pairs")
which are contracted,discounted,unrestricted,and one-way fares
that require little advance reservation and have no cancellation or
transfer penalties. Council members should seek to use these fares in
order to maximize the benefits to the City.
6.2.1.2. Booking. This City is able to book air transportation through the
Contracted Travel Agent either online or through an agent via the
telephone. Council members should take every effort to use online
booking to reserve air travel to maximize cost savings for the City.
6.2.2. Discount Travel Sites. Council members may,with documentation of the
reasoning,use discount travel sites such as Expedia,Travelocity,Hotwire,
Orbitz,or Priceline.
6.2.3. Airline Direct Booking. Council members may,with documentation of the
reasoning,book air transportation directly with the airline. As this tends to
be the most expensive option,it should be the last option and have solid
documentation of the reason for the expense.
6.2.4. Cancelled/Missed Flights. Should a non-refundable flight need to be
cancelled for either City-related business or a medical or family emergency
beyond a Council member's control,the City,in so long as documentation
and approval are placed in the travel file,shall incur the cost of the air fare.
If the flight is cancelled or missed due to any neglect,mistake,or other fault
Citywide Travel Policy 6 P a g e
of the registered Council member,the Council member shall bare the cost of
the ticket and all associated costs.
6.3. Rental Cars. The City will pay actual for rental vehicles when it is found to be an
economical and efficient means of transportation for an employee during travel.
Authorization for a rental vehicle must be obtained during the pre-authorization
process for the travel.
6.3.1. Contracted Travel Agent. Council members are strongly encouraged to
utilize the City's Contracted Travel Agent for rental vehicles during City
travel.
6.3.1.1. Contracted Rental Car Company. The City has a Contracted
Rental Car Company and the City's Contracted Travel Agent is
authorized to book against this agreement.
6.3.1.2. Booking. This City is able to book rental vehicles through the
Contracted Travel Agent either online or through an agent via the
telephone. Council members should take every effort to use online
booking to reserve air travel to maximize cost savings for the City.
7. LODGING
The City shall pay true actual cost,up to the GSA daily per diem rate
7.1. Receipts. A detailed receipt is required for any lodging incurred during an
employee's travel. For lodging expenses,the receipt must detail the following:
7.1.1. Name of the hotel
7.1.2. Address of the hotel
7.1.3. Name of the guest
7.1.4. Number of guests
7.1.5. Dates occupying the room
7.1.6. Room number
7.1.7. Total cost of the stay
7.1.8. Room rate
7.1.9. Lodging tax,and
7.1.10. Breakout of individual charges (room service,parking,etc).
7.2. Lodging Per Diem Allowance. Lodging expenses are paid by the City at actual
cost up to the specific GSA daily maximum allowable rate in effect at the time of
travel for the specific area or locality.
7.2.1. The GSA rates can be found at this link: GSA Domestic Per Diem Rates.
7.2.2. The City Council shall have the authority to approve lodging expenses over
the GSA daily maximum allowable rate when unusual conditions exist. The
cost overage shall require written documentation by the traveling Council
Citywide Travel Policy 7 1Page
member detailing the reason for the higher expenditure. This documentation
must be included with the final travel reconciliation.
7.3. Conference/Training Official Hotel. If a Council member attends a conference
or training and stay at the official hotel where the conference or training is being
held, the City shall cover,within reason and with prior approval,all actual lodging
costs if the rate exceeds the GSA lodging per diem allowance for the city. If this
exception is granted, the Council member must book the cheapest available room or
personally pay the difference between the room they book and the room with the
lowest rate. This exception serves to save the City additional incidental costs such as
a rental car or other transportation fees.
7.4. Alternative Lodging. The intent of this section is to reimburse Council members
that use their personal travel trailer or motor home during official City travel and
should result in an economic benefit to the City. The daily maximum allowable
reimbursement rate for all alternative lodging shall be$25. It is intended that the
alternative lodging reimbursement rate apply for any overnight City travel.
8. MEALS
As a meal allowance during City related travel,Council members shall receive a daily per
diem equal to the GSA daily rate for the destination city.
8.1. Multiple Locations/Single Rate. The City shall use a single per diem threshold
rate for an entire day. If a Council member travels to more than one location in one
day, the per diem allowance shall be for the location in which the Council member
spends the night. On the final day of travel, the per diem threshold shall be for the
location in which the Council member stayed the last night.
8.2. U.S. General Services Administration Daily Rate (GSA). The daily meal per
diem shall be equal to the U.S. General Services Administration's (GSA) established
daily rates for the travel destination City.
8.2.1. The GSA rates can be found at this link: GSA Domestic Per Diem Rates.
8.3. Conference/Training Provided Meals. When meals are provided by the
conference/training and paid for through the Council member's registration,the
daily per diem shall be reduced for that particular meal. See Section 8.4 for a
breakdown of the meal percentages.
8.3.1. If the meal is an optional piece of the conference or training registration
process,the Council member shall have the choice to participate in the meal
or,instead, to receive the meal as part of the daily per diem.
8.4. Meal Allowance Breakdown. The City shall use the following meal breakdown:
8.4.1. Breakfast. Equals 25% of daily allowance.
8.4.2. Lunch. Equals 25% of daily allowance.
8.4.3. Dinner. Equals 50% of daily allowance.
Citywide Travel Policy 8 I P a g e
8.5. Travel Day Meals. The City shall provide a percentage of the daily per diem on
travel days according to the following schedule (per IRS rules the City cannot pay
more than 75%of the maximum daily allowance during travel days):
Outbound (Leaving)
8.5.1. Prior to Noon—75%. When a Council member leaves on travel between
prior to Noon the Council member shall be entitled to 75%of the daily per
diem.
8.5.2. Between Noon and 7:00 p.m.—50%. When a Council member leaves on
travel between Noon and 7:00 p.m. the Council member shall be entitled to
50%of the daily per diem.
8.5.3. After 7:00 p.m. —0%. When a Council member leaves on travel after 7:00
p.m. the Council member shall not be entitled to any percentage of the daily
per diem for that day.
Inbound (Returning).
8.5.4. Prior to Noon—25%. When a Council member arrives home from travel
between prior to Noon the Council member shall be entitled to 25% of the
daily per diem.
8.5.5. Between Noon and 7:00 p.m.—50%. When a Council member arrives
home from travel between Noon and 7:00 p.m. the Council member shall be
entitled to 50%of the daily per diem.
8.5.6. After 7:00 p.m. —75%. When a Council member arrives home from travel
after 7:00 p.m. the Council member shall be entitled to 75 of the daily per
diem.
8.6. Allowance Paid to Council Member in Advance. Council member shall receive
their meal allowance prior to their departure. Reimbursement shall be in accordance
with the Accounts Payable check printing schedule and Council members are
responsible for ensuring their meal allowance check is received before departure.
8.7. Alcohol. At no point or under any circumstance shall the City pay any alcohol
expense incurred during a meal or travel. Any alcohol which is purchased by a
Council member must be paid for at the time by the Council member and must be
on a separate check.
9. PAYMENT METHOD S
The City's preferred method of payment during City travel is a City Purchasing Card. Other
means of payment shall remain available but every effort must be taken to use a purchasing
card then at all possible.
9.1. Purchasing Cards. The City preferred mean of purchase during City travel. The
Purchasing Card is a City-issued MasterCard that can be used nearly anywhere
Citywide Travel Policy 9 I P a g e
MasterCard is accepted. Many employees,including Council members,have been
issued an individual Purchasing Card and it is this card that should be used by the
Council member during City travel. If a traveling Council member has not been
issued an individual Purchasing Card,Travel Cards are available for issuance during
travel. Follow the City's established procedures to utilize the Travel Cards.
9.2. City Check. Under a limited number of situations,a City-issued check may be used
to pay for a portion of the travel costs. A traveling Council member's meal
allowance per diem shall be processed in advance of travel under this method.
Council members shall follow the City's established procedures,which shall include
documenting the reasoning for a check rather than a Purchasing Card,to obtain a
travel-related check.
9.3. Council Member Reimbursement. Under rare circumstances,and with detailed
documentation,the City may directly reimburse a Council member for costs incurred
during travel.
10. PERSONAL EXPENSES
The City,with very limited exception,shall not pay for any personal expenses incurred
during City business travel.
10.1. Combining Personal Travel with City Business Travel. The City's policy for
business travel does allow for combining personal travel with business travel with
additional rules.
10.1.1. Personal Portion of Trip. If a Council member combines personal travel
with City business travel,the City will pay only the actual costs associated
with City business,any additional cost shall be incurred by the Council
member.
10.1.2. Airline Costs. When a Council member combines personal travel with City
business travel and airfare is required,the City shall pay no more than the
lowest cost of round-trip coach airfare for the days that the City business
would have required. Any additional cost due to an extended personal stay
shall be borne by the Council member.
10.2. Alcohol. See Section 8.7.
10.3. Entertainment Expenses. The City shall not pay,at any time, for any
entertainment expenses incurred by a Council member on official City business.
Entertainment expenses shall include,but not necessary be limited to,the following:
10.3.1. Movies,including in-room
10.3.2. Health Club/Gym Fees
10.3.3. Sporting Events
10.3.4. Golf(Including Conference-related Tournaments)
10.3.5. Spa Services
Citywide Travel Policy 10 I Pa g e
Refer to Oregon Ethic Laws for further details on entertainment expenses.
10.4. Personal Grooming Items or Services. At no time,and for no reason,shall the
City pay for any personal grooming items or services during a Council member's
time on City business travel.
10.5. Personal Phone Calls. No personal phone calls while on travel shall be paid by the
City other than the following exception:
10.5.1. Personal telephone calls to immediate family members or significant others
to confirm the traveler's well-being while on overnight travel are allowed
under this policy. The Council member shall be allowed one phone call a day
while on travel for not more than ten (10) minutes. The City does encourage
the traveler to use a personal cell phone in lieu of this personal call allowance
when at all possible.
11. TRAVEL RECONCILIATION
Within five (5) business days of return from any City business travel a Council member must
submit to the FIS Department's Accounts Payable Office a completed and authorized Travel
Reconciliation Statement. The City shall develop guidelines to assist Council member
through the travel reconciliation process.
12. COMPLIANCE AUDITING
The City's FIS Department shall conduct routine review of a Department's travel records to
ensure compliance with all aspects of this Travel Policy. The FIS Department,working with
the City Manager's Office,may implement appropriate and progressive sanctions for
inappropriate use of City funds related to travel. All Council members must fully comply
with requests for records and documentation supporting any and all travel expenses.
LOCAL TRAVEL
13. LOCAL TRAVEL METHODS
13.1 Personal Vehicle. The City may authorize Council members to use their own
vehicles for City travel when it is in the benefit of the City. Use of a personal vehicle
during City travel must be authorized prior to a Council member utilizing their
personal vehicle for business purposes.
13.2 Insurance. Council members that use their private vehicle for City business are
required to have personal automobile liability insurance to provide the primary
coverage for any accidents involving that vehicle. Documentation of said coverage
must be on file with the City's Risk Management Office.
13.3 Vehicle Stipend. Council members'vehicle stipend shall cover any travel to and
from local meetings. There shall be no additional mileage reimbursement.
13.4 Non-City Employee Ride-Along. Per the City's Personnel Policy:
Citywide Travel Policy 11 I Page
"Family members or other non-City employees shall not be transported in city
vehicles except as specifically authorized by the department director or consistent
with department policy or in cases in which the city vehicle is regularly assigned to
the employee as a provision of an employment contract"
As such, family member or other non-City employees may accompany a Council
member in a City-owned vehicle during City-related travel with the appropriate
approvals.
14. LOCAL MEALS
Meals that do not include both overnight travel and a distance of more than fifty(50) miles
from Tigard City Hall shall be considered a local meal in accordance with IRS regulations
and are therefore taxable. Local meals should be part of a meeting involving outside agency
personnel or be part of a local training or conference event. The City shall allow such meals
for Council members with appropriate documentation and approval.
14.1 Reimbursement for Local Meal. Payment for a Local Meal shall be made through
employee reimbursement only due to the meals taxable status and no other payment
method shall be acceptable.
14.1.1 Receipts. A document detailing an expense incurred. To be valid,a receipt
for a meal must provide the name and address of the business,the date of
the purchase,an itemized description of the goods or service purchased,and
the amount of the purchase. Summary receipts shall not suffice as proper
documentation.
14.1.2 Local Meal Reimbursement Form. Reimbursements to Council members for
taxable meals shall be processed on a Local Meal Reimbursement Form and
submitted to Payroll no more frequently than monthly.
14.1.3 Alcohol. At no point or under any circumstance shall the City pay any
alcohol expense incurred during a local meal.
Citywide Travel Policy 12 I P a g e
• in
MEMORANDUM
T I GARD
TO: Honorable Mayor and City Councilors
FROM: Joe Barrett,Sr. Management Analyst
RE: Travel Policy Changes—Reminders and Tips
DATE: September 3,2013
Council recently made changes to their Travel Policy. The most notable change to the policy
surround how meals are handled. Under the new policy,Council members will receive a prepaid
allowance before their travel rather than use a city-issued purchasing card for meals. This allowance
will equal the daily GSA allowance for the destination city with conference provided meal deducted
in accordance with the policy. Receipts are not required to be submitted to the city for meals under
the prepaid process and reconciliation of the prepaid is not required upon completion of the trip
(neither the City nor the Council member will owe the other anything.)
The new policy also sets the Council as a whole,along with the City Manager,as the oversight
officials for the policy. In previous incarnations of the policy,no oversight authority was designated
which led to some confusion on the part of staff. If Council would like to identify one member as
the oversight authority rather that share the role as a group,we can easily make this change.
In effort to help Council members understand the change to meals,staff has prepared the following
"Do&Don't" for Council's review. A similar list was provided to staff a number of months back
and was received well. Please review the following and notify me if you have any questions. Thank
you.
OUT-OF-TOWN TRAVEL = Overnight stay AND more than fifty (50) miles from City Hall.
MEALS
DO DON'T
Use your meal allowance (per diem) for your Use your city-issued purchasing card for a meal.
meals. The allowance will be prepaid before
departing for travel.
Deduct conference provided meal from daily Don't turn in receipts.
meal allowance unless approved by director.
Familiarize yourself with the city's guidelines on Expect the city to reimburse for any meal
combining business travel with personal travel. expenses exceeding the daily meal allowance.
LODGING
DO DON'T
Familiarize yourself with the daily lodging rate Exceed the daily lodging rate without
for the destination city. documenting need in advance.
Use your purchasing card for lodging expenses. Use your purchasing card to pay for any room
upgrades—including large rooms due to
personal travel.
Keep detailed/itemized receipt. Charge personal expenses,including room
service,movies,etc.,to the room.
TRAVEL
DO DON'T
Book through Azumano for refundable fare Book a more expensive flight to accommodate
when possible. personal travel without reimbursing the city the
difference.
Ensure your personal auto insurance
information is on file with Risk.
City of Tigard, Oregon
TIGARD
City Council Travel Policy Effective Date: September 1, 2013
Approved: /P-J J ) h� G�m� n� Signature: p j , J a.
SUMMARY
1. General Provisions
2. Compliance and Accountability
3. Definitions
Out-of-Town Travel
4. Pre-Authorization
5. Travel Time
6. Travel Methods
7. Lodging
8. Meals
9. Payment Methods
10. Personal Expenses
11. Travel Reconciliation
12. Compliance Auditing
Local Travel
13. Local Travel Methods
14. Local Meals
1. GENERAL PROVISIONS
1.1. Purpose of Policy. The purpose of this policy is to provide guidelines to members
of the City Council (Council) for payment of travel expenses in a cost-effective and
efficient manner ensuring the best result for the City.
1.2. Applicability. This policy applies to Tigard's City Council and is to be adhered to
by all members of Council.
1.3. The City's Financial and Information Services Department shall administer the travel
policy and shall periodically review travel and training records to ensure policy
compliance and provide any necessary training to departments on the
implementation of the policy.
1.4. The City Council and City Manager's office shall ensure that each member of
Council dcomplies with the policy,and ensuring expenditures are appropriate and
directly related to City business. Questions regarding the intent or application of this
policy document shall be directed to the City's Financial and Information Services
Director.
Citywide Travel Policy 1 1 P a g e
1.5. The City Council shall have final authority for administering,interpreting, and
applying the terms of these procedures.
1.6. Personal Expenses. The City,with very limited exception, shall not pay for any
personal expenses incurred by a member of Council during City business travel. For
example,Council member will not be reimbursed for personal grooming items,
parking tickets, entertainment expenses, etc.
2. COMPLIANCE AND ACCOUNTABILITY
2.1. All members of Council must comply with the provisions contained herein.
Periodically,the City's Finance and Information Services Department may perform a
review of the City's travel records to ensure compliance with this policy. The
Finance and Information Services Department,working with the City Council and
the City Manager's Office,may implement appropriate and progressive sanctions
related to misuse. All Council members must fully comply with requests for records
and documentation supporting all travel expense claims.
2.2. Council members may be liable for improper use of public funds. As public officials,
Council members that order, authorize or cause to be made any expenditure in
violation of City policies,state statutes,rules,or procedures can and will be held
personally financially liable for inappropriate expenditures.
3. DEFINITIONS
The following terms may be used throughout these policies:
3.1. Actual. The actual meals or lodging cost supported by receipts. The City's policy is
to pay actual costs for lodging up to the Federal per diem rate for the location.
3.2. Conference/Training Meal. Any meal provided,through the registration process,
by a conference or training.
3.3. Contracted Travel Agency. The travel agency under contract with the City to
provide travel related services. Azumano Travel is the City's current Contracted
Travel Agency.
3.4. Council Member. An individual elected to either the office of Mayor or City
Councilor for the City of Tigard.
3.5. Council Member Travel. Travel by Council member on official City business.
3.6. Frequent Flyer Miles. Credits acquired when making qualified air travel purchases.
It is the City's policy that any Council member (or any employee or agent of the City)
shall not earn any Frequent Flyer Miles while on City business.
3.7. Incidental Expense. Small costs associated with travel. Incidental Expenses
include,but may not be limited to: Gratuities,taxi fare,work related mailing costs or
phone charges, etc.
Citywide Travel Policy 21 P a g e
3.8. Itinerary-Airfare. Information provided by an airline or travel agency showing the
traveler's name,dates of travel,class of travel,and travel route.
3.9. Local Travel. Travel that is not overnight and/or less than fifty (50) miles from
City Hall. Both criteria must be met to be considered Overnight Travel.
3.10. Meals. Standard breakfast,lunch,or dinner eaten by a Council member during City
business travel.
3.11. Mileage. The distance traveled via personal automobile by a Council member
during travel. The City calculates mileage during travel from Tigard City Hall,not
the Council member's home. To development the reasonable estimate of mileage,
the City shall use an online travel/map site such as Mapquest or Google Maps.
3.12. Official City Business. Business,and any travel associated with it,that directly
provides a benefit to the City.
3.13. Overnight Travel. Any travel that requires a a Council member to stay overnight.
A conference or training must be at least 50 miles away from the City to justify an
overnight stay.
3.14. Per Diem Allowance. The allowance for lodging,meals and incidental expenses
established for the travel destination as established by the U.S. General Services
Administration (GSA). The City's policy is to pay actual lodging expenses up to the
GSA rate and a daily per diem for meals equal to the GSA rate for the destination
city.
3.15. Pool Vehicle. A City-owned vehicle available for"check out" by any employee,
elected official,or agent of the City.
3.16. Purchasing Card. A City-issued credit card that is the preferred means of payment
for travel expenses other than meals.
3.17. Receipt. A document detailing an expense incurred. To be valid,a receipt must
provide the name and address of the business, the date of the purchase,an itemized
description of the goods or service purchased,and the amount of the purchase. For
lodging expenses,the receipt must also include the name of the guest,the number of
guests,the dates occupying the room,the room number,the room rate,and the
lodging tax.
3.18. Travel Pre-Authorization Form. A Departmental form that may or may not be
required prior to any travel. The City Council and City Manager shall determine the
best way to document pre-authorization for City Council travel.
3.19. Travel Purchasing Card. A generic purchasing card that can be checked out prior
to travel by a Council member who does not have a City-issued purchasing card.
Citywide Travel Policy 3 1 P a g e
3.20. Travel Reconciliation Statement. A City-required form that must be completed
within five (5) full business days upon return from any overnight City business travel.
3.21. Travel Time. The amount of time that is required by a Council member to travel to
and from a conference or training.
3.22. U.S. General Services Administration(GSA) Per Diem Rates. The estimated
daily cost of lodging,meals,and incidentals for various cities that is used by the City
as the maximum actual costs to cover during travel.
OUT OF TOWN TRAVEL
4. PRE-AUTHORIZATION
Pre-Authorization shall be a Departmental responsibility. The City Council shall develop a
a pre-authorization procedures and train their staff on these procedures. Pre-Authorization
may be required by a Department for any travel but especially in the case of travel with
overnight stay,travel requiring air travel,or travel where lodging exceeds the daily allowance.
4.1. Pre-Authorization Form. The City Council shall have a Pre-Authorization Form
available for staff use. The FIS Department has created a generic form that may be
used by the City Council or the Council may elect to create their own form that best
meets their needs.
4.2. Pre-Authorization Filing. The City Council shall be responsible for retaining a file
of the Department's travel pre-authorization documents. This file shall include
approved and denied travel information.
4.3. Travel Coordinator/ Point of Contact. It is the recommendation of this Policy
that the City Council designate a Travel Coordinator or single point of contact for
employees to refer to for guidance and questions. The FIS Department shall have a
Coordinator or single point of contract for any City business travel information and
guidance.
5. TRAVEL TIME
It is the policy of the City to use a reasonable estimate for allowable travel time during which
any public official,employee,or agent of the City is considered"on—the-clock". Please see
Citywide Personnel Policy#47 for further information about travel time and compensation.
Under FLSA,the rules for paid travel change when the travel involves an overnight stay. In
these cases,time spent traveling during normal work hours are paid,while time spent
traveling outside of normal work hours are not. The only exception permitting an employee
to be compensated for overnight travel outside of normal work hours is when the employee
is the actual driver of the vehicle or is actively engaged in doing work tasks. Passengers,
regardless of the mode of travel,are compensated only for travel time during normal work
hours.
Please note: This particular rule applies seven (7) days a week. So if an employee is normally
scheduled 8:00 am to 5:00 pm,M-F, and travels between the hours of 12:00 pm and 4:00 pm
Citywide Travel Policy 4 I Page
on a Saturday,the employee would be paid for four(4) hours of travel pay,even though the
employee traveled on a Saturday: Look at the hours of travel,not the day of travel.
In further accordance with the FLSA,a public official,employee,or agent of the City shall
be paid their regular hourly rate during any official training or conference hours.
5.1. To development the reasonable estimate,the City shall use an online travel/map site
such as Mapquest or Google Maps. A public official,employee,or agent of the City
may receive additional time if appropriate justification for the needed time (i.e.
delayed flight) is submitted to his/her supervisor and approved.
6. TRAVEL METHODS
The City shall require the most direct and cost effective means of travel for a Council
member attending any conference or training. The costs of means of travel,both in dollars
and requirements of staff,shall be weighed with the most beneficial to the City being
utilized.
6.1. Auto Travel. Auto travel is the most common means of transportation used during
City business travel.
6.1.1. City Pool Vehicle. Employees are strongly encouraged to use the City's
Pool Vehicles during local travel. These vehicles may be reserved and
checked out during the employee's travel dates.
6.1.1.1.Non-City Employee Ride-Along. Per the City's Personnel Policy:
"Family members or other non-City employees shall not be
transported in city vehicles except as specifically authorized by the
department director or consistent with department policy or in cases
in which the city vehicle is regularly assigned to the employee as a
provision of an employment contract"
As such, family member or other non-City employees may
accompany an employee in a City-owned vehicle during City-related
travel with the appropriate approvals.
6.1.2. Personal Vehicle. Council members may use their own vehicles for City
travel. Use of a personal vehicle during City travel shall be authorized
during the pre-authorization process in the Department.
6.1.2.1. Insurance. Council members that use their private vehicle for City
business are required to have personal automobile liability insurance
to provide the primary coverage for any accidents involving that
vehicle. Documentation of said coverage must be on file with the
City's Risk Management Office.
6.1.2.2. Mileage Reimbursement. When a Council member uses their
personal vehicle for City travel,the City shall reimburse the Council
Citywide T r a v e l Policy 5 1 P a g e
member for mileage up to,but not more than,the Federal per mile
reimbursement rate. Total allowable mileage shall be calculated from
Tigard City Hall to the lodging location and back. If required,
additional mileage may be granted under certain circumstances. No
other means of fuel or mileage reimbursement shall be approved by
the City.
6.1.2.2.1. The City shall use an online travel/map site such as
Mapquest or Google Maps to develop the total allowable
mileage distance.
6.2. Air Travel. The City shall pay actual cost for a Council member's City business
travel. All Council members shall utilize coach when traveling commercial airline.
Reservations,where possible,should be made at least fourteen(14) or more days in
advance to take advantage of any and all available discounts. Increased fees related
to late booking may be disallowed unless documented with a sound business reason.
Council members may at their own expense pay to upgrade their airline
accommodations or alter their flight itinerary for personal business.
6.2.1. Contracted Travel Agent. Council members are strongly encouraged to
utilize the City's Contracted Travel Agent for air fare during City travel.
6.2.1.1. Government Air Fare. The City's Contracted Travel Agent is
authorized to provide the City with government air fare ("City Pairs")
which are contracted,discounted,unrestricted,and one-way fares
that require little advance reservation and have no cancellation or
transfer penalties. Council members should seek to use these fares in
order to maximize the benefits to the City.
6.2.1.2. Booking. This City is able to book air transportation through the
Contracted Travel Agent either online or through an agent via the
telephone. Council members should take every effort to use online
booking to reserve air travel to maximize cost savings for the City.
6.2.2. Discount Travel Sites. Council members may,with documentation of the
reasoning,use discount travel sites such as Expedia,Travelocity,Hotwire,
Orbitz,or Priceline.
6.2.3. Airline Direct Booking. Council members may,with documentation of the
reasoning,book air transportation directly with the airline. As this tends to
be the most expensive option,it should be the last option and have solid
documentation of the reason for the expense.
6.2.4. Cancelled/Missed Flights. Should a non-refundable flight need to be
cancelled for either City-related business or a medical or family emergency
beyond a Council member's control,the City,in so long as documentation
and approval are placed in the travel file,shall incur the cost of the air fare.
If the flight is cancelled or missed due to any neglect,mistake,or other fault
Citywide Travel Policy 6 I P age
of the registered Council member,the Council member shall bare the cost of
the ticket and all associated costs.
6.3. Rental Cars. The City will pay actual for rental vehicles when it is found to be an
economical and efficient means of transportation for an employee during travel.
Authorization for a rental vehicle must be obtained during the pre-authorization
process for the travel.
6.3.1. Contracted Travel Agent. Council members are strongly encouraged to
utilize the City's Contracted Travel Agent for rental vehicles during City
travel.
6.3.1.1. Contracted Rental Car Company. The City has a Contracted
Rental Car Company and the City's Contracted Travel Agent is
authorized to book against this agreement.
6.3.1.2. Booking. This City is able to book rental vehicles through the
Contracted Travel Agent either online or through an agent via the
telephone. Council members should take every effort to use online
booking to reserve air travel to maximize cost savings for the City.
7. LODGING
The City shall pay true actual cost,up to the GSA daily per diem rate
7.1. Receipts. A detailed receipt is required for any lodging incurred during an
employee's travel. For lodging expenses,the receipt must detail the following:
7.1.1. Name of the hotel
7.1.2. Address of the hotel
7.1.3. Name of the guest
7.1.4. Number of guests
7.1.5. Dates occupying the room
7.1.6. Room number
7.1.7. Total cost of the stay
7.1.8. Room rate
7.1.9. Lodging tax,and
7.1.10. Breakout of individual charges (room service,parking,etc).
7.2. Lodging Per Diem Allowance. Lodging expenses are paid by the City at actual
cost up to the specific GSA daily maximum allowable rate in effect at the time of
travel for the specific area or locality.
7.2.1. The GSA rates can be found at this link: GSA Domestic Per Diem Rates.
7.2.2. The City Council shall have the authority to approve lodging expenses over
the GSA daily maximum allowable rate when unusual conditions exist. The
cost overage shall require written documentation by the traveling Council
Citywide Travel Policy 7 I P a g e
member detailing the reason for the higher expenditure. This documentation
must be included with the final travel reconciliation.
7.3. Conference/Training Official Hotel. If a Council member attends a conference
or training and stay at the official hotel where the conference or training is being
held,the City shall cover,within reason and with prior approval,all actual lodging
costs if the rate exceeds the GSA lodging per diem allowance for the city. If this
exception is granted,the Council member must book the cheapest available room or
personally pay the difference between the room they book and the room with the
lowest rate. This exception serves to save the City additional incidental costs such as
a rental car or other transportation fees.
7.4. Alternative Lodging. The intent of this section is to reimburse Council members
that use their personal travel trailer or motor home during official City travel and
• should result in an economic benefit to the City. The daily maximum allowable
reimbursement rate for all alternative lodging shall be$25. It is intended that the
alternative lodging reimbursement rate apply for any overnight City travel.
8. MEALS
As a meal allowance during City related travel,Council members shall receive a daily per
diem equal to the GSA daily rate for the destination city.
8.1. Multiple Locations/Single Rate. The City shall use a single per diem threshold
rate for an entire day. If a Council member travels to more than one location in one
day,the per diem allowance shall be for the location in which the Council member
spends the night. On the final day of travel,the per diem threshold shall be for the
location in which the Council member stayed the last night.
8.2. U.S. General Services Administration Daily Rate (GSA). The daily meal per
diem shall be equal to the U.S. General Services Administration's (GSA) established
daily rates for the travel destination City.
8.2.1. The GSA rates can be found at this link: GSA Domestic Per Diem Rates.
8.3. Conference/Training Provided Meals. When meals are provided by the
conference/training and paid for through the Council member's registration,the
daily per diem shall be reduced for that particular meal. See Section 8.4 for a
breakdown of the meal percentages.
8.3.1. If the meal is an optional piece of the conference or training registration
process,the Council member shall have the choice to participate in the meal
or,instead,to receive the meal as part of the daily per diem.
8.4. Meal Allowance Breakdown. The City shall use the following meal breakdown:
8.4.1. Breakfast. Equals 25%of daily allowance.
8.4.2. Lunch. Equals 25% of daily allowance.
8.4.3. Dinner. Equals 50% of daily allowance.
Citywide Travel Policy 8 I P a g e
8.5. Travel Day Meals. The City shall provide a percentage of the daily per diem on
travel days according to the following schedule (per IRS rules the City cannot pay
more than 75%of the maximum daily allowance during travel days):
Outbound (Leaving)
8.5.1. Prior to Noon—75%. When a Council member leaves on travel between
prior to Noon the Council member shall be entitled to 75%of the daily per
diem.
8.5.2. Between Noon and 7:00 p.m.—50%. When a Council member leaves on
travel between Noon and 7:00 p.m. the Council member shall be entitled to
50%of the daily per diem.
8.5.3. After 7:00 p.m.—0%. When a Council member leaves on travel after 7:00
p.m. the Council member shall not be entitled to any percentage of the daily
per diem for that day.
Inbound (Returning)
8.5.4. Prior to Noon—25%. When a Council member arrives home from travel
between prior to Noon the Council member shall be entitled to 25% of the
daily per diem.
8.5.5. Between Noon and 7:00 p.m.—50%. When a Council member arrives
home from travel between Noon and 7:00 p.m. the Council member shall be
entitled to 50%of the daily per diem.
8.5.6. After 7:00 p.m.—75%. When a Council member arrives home from travel
after 7:00 p.m. the Council member shall be entitled to 75 of the daily per
diem.
8.6. Allowance Paid to Council Member in Advance. Council member shall receive
their meal allowance prior to their departure. Reimbursement shall be in accordance
with the Accounts Payable check printing schedule and Council members are
responsible for ensuring their meal allowance check is received before departure.
8.7. Alcohol. At no point or under any circumstance shall the City pay any alcohol
expense incurred during a meal or travel. Any alcohol which is purchased by a
Council member must be paid for at the time by the Council member and must be
on a separate check.
9. PAYMENT METHODS
The City's preferred method of payment during City travel is a City Purchasing Card. Other
means of payment shall remain available but every effort must be taken to use a purchasing
card then at all possible.
9.1. Purchasing Cards. The City preferred mean of purchase during City travel. The
Purchasing Card is a City-issued MasterCard that can be used nearly anywhere
Citywide Travel Policy 9 1 P a g e
f
MasterCard is accepted. Many employees,including Council members,have been
issued an individual Purchasing Card and it is this card that should be used by the
Council member during City travel. If a traveling Council member has not been
issued an individual Purchasing Card,Travel Cards are available for issuance during
travel. Follow the City's established procedures to utilize the Travel Cards.
9.2. City Check. Under a limited number of situations,a City-issued check may be used
to pay for a portion of the travel costs. A traveling Council member's meal
allowance per diem shall be processed in advance of travel under this method.
Council members shall follow the City's established procedures,which shall include
documenting the reasoning for a check rather than a Purchasing Card,to obtain a
travel-related check.
9.3. Council Member Reimbursement. Under rare circumstances,and with detailed
documentation, the City may directly reimburse a Council member for costs incurred
during travel.
10. PERSONAL EXPENSES
The City,with very limited exception,shall not pay for any personal expenses incurred
during City business travel.
10.1. Combining Personal Travel with City Business Travel. The City's policy for
business travel does allow for combining personal travel with business travel with
additional rules.
10.1.1. Personal Portion of Trip. If a Council member combines personal travel
with City business travel,the City will pay only the actual costs associated
with City business,any additional cost shall be incurred by the Council
member.
10.1.2. Airline Costs. When a Council member combines personal travel with City
business travel and airfare is required,the City shall pay no more than the
lowest cost of round-trip coach airfare for the days that the City business
would have required. Any additional cost due to an extended personal stay
shall be borne by the Council member.
10.2. Alcohol. See Section 8.7.
10.3. Entertainment Expenses. The City shall not pay,at any time, for any
entertainment expenses incurred by a Council member on official City business.
Entertainment expenses shall include,but not necessary be limited to,the following:
10.3.1. Movies,including in-room
10.3.2. Health Club/Gym Fees
10.3.3. Sporting Events
10.3.4. Golf(Including Conference-related Tournaments)
10.3.5. Spa Services
Citywide Travel Policy 10 I Page
Refer to Oregon Ethic Laws for further details on entertainment expenses.
10.4. Personal Grooming Items or Services. At no time,and for no reason,shall the
City pay for any personal grooming items or services during a Council member's
time on City business travel.
10.5. Personal Phone Calls. No personal phone calls while on travel shall be paid by the
City other than the following exception:
10.5.1. Personal telephone calls to immediate family members or significant others
to confirm the traveler's well-being while on overnight travel are allowed
under this policy. The Council member shall be allowed one phone call a day
while on travel for not more than ten (10) minutes. The City does encourage
the traveler to use a personal cell phone in lieu of this personal call allowance
when at all possible.
11. TRAVEL RECONCILIATION
Within five (5) business days of return from any City business travel a Council member must
submit to the FIS Department's Accounts Payable Office a completed and authorized Travel
Reconciliation Statement. The City shall develop guidelines to assist Council member
through the travel reconciliation process.
12. COMPLIANCE AUDITING
The City's FIS Department shall conduct routine review of a Department's travel records to
ensure compliance with all aspects of this Travel Policy. The FIS Department,working with
the City Manager's Office,may implement appropriate and progressive sanctions for
inappropriate use of City funds related to travel. All Council members must fully comply
with requests for records and documentation supporting any and all travel expenses.
LOCAL TRAVEL
13. LOCAL TRAVEL METHODS
13.1 Personal Vehicle. The City may authorize Council members to use their own
vehicles for City travel when it is in the benefit of the City. Use of a personal vehicle
during City travel must be authorized prior to a Council member utilizing their
personal vehicle for business purposes.
13.2 Insurance. Council members that use their private vehicle for City business are
required to have personal automobile liability insurance to provide the primary
coverage for any accidents involving that vehicle. Documentation of said coverage
must be on file with the City's Risk Management Office.
13.3 Vehicle Stipend. Council members'vehicle stipend shall cover any travel to and
from local meetings. There shall be no additional mileage reimbursement.
13.4 Non-City Employee Ride-Along. Per the City's Personnel Policy:
Citywide Travel Policy 11 I P a g e
"Family members or other non-City employees shall not be transported in city
vehicles except as specifically authorized by the department director or consistent
with department policy or in cases in which the city vehicle is regularly assigned to
the employee as a provision of an employment contract"
As such, family member or other non-City employees may accompany a Council
member in a City-owned vehicle during City-related travel with the appropriate
approvals.
14. LOCAL MEALS
Meals that do not include both overnight travel and a distance of more than fifty (50) miles
from Tigard City Hall shall be considered a local meal in accordance with IRS regulations
and are therefore taxable. Local meals should be part of a meeting involving outside agency
personnel or be part of a local training or conference event. The City shall allow such meals
for Council members with appropriate documentation and approval.
14.1 Reimbursement for Local Meal. Payment for a Local Meal shall be made through
employee reimbursement only due to the meals taxable status and no other payment
method shall be acceptable.
14.1.1 Receipts. A document detailing an expense incurred. To be valid,a receipt
for a meal must provide the name and address of the business,the date of
the purchase,an itemized description of the goods or service purchased,and
the amount of the purchase. Summary receipts shall not suffice as proper
documentation.
14.1.2 Local Meal Reimbursement Form. Reimbursements to Council members for
taxable meals shall be processed on a Local Meal Reimbursement Form and
submitted to Payroll no more frequently than monthly.
14.1.3 Alcohol. At no point or under any circumstance shall the City pay any
alcohol expense incurred during a local meal.
A so&;L• 1 Tigard City Council on January 14,2014.
I
Joh .Cook,Mayor .
Martha L.Wine, Manager
Citywide Travel Policy 12 1 Page
AIS-1584 10.
Business Meeting
Meeting Date: 01/14/2014
Length (in minutes): 10 Minutes
Agenda Title: Amend City Manager Employment Agreement
Submitted By: Sandy Zodrow, City Management
Item Type: Motion Requested Meeting Type: Council
Business
Meeting -
Main
Public Hearing: No Publication Date:
Information
ISSUE
Should the City Council amend the City Manager Employment Agreement to reflect any
adjustment in compensation based on the results of their recent Annual Performance Review,
and authorize the Mayor to sign the amendment?And if there are any changes to
compensation,what will the effective date of those changes be?
STAFF RECOMMENDATION / ACTION REQUEST
KEY FACTS AND INFORMATION SUMMARY
On July 1, 2012, the Council amended (#1) Section 3, Compensation, of the Employment
Agreement between the City Manager and the City to pay the Employee an annual base salary
of$130,000, reflecting a voluntary $10,000 reduction in salary, due to FY 12-13 budget
constraints.
Council conducted an Annual Performance Review for the City Manager during Executive
Session at its December 17, 2013 meeting, as required by the Employment Agreement. At this
time the Council may consider and take action regarding any compensation adjustment(s)
based on job performance.
OTHER ALTERNATIVES
No change in compensation
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
As related to in the Annual Performance Review and goals
DATES OF PREVIOUS COUNCIL CONSIDERATION
December 17, 2013 -Annual Performance Review of City Manager by City Council
Attachments
No file(s)attached.
4
City of Tigard, Oregon .114
•
Affidavit of Posting
TIGARD
In the Matter of the Proposed Ordinance(s) I i/ `2/ k /(/
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, V 011« 11f,-1 ,being first duly sworn (or affirmed),by oath
(or affirmation),depose and say:
That I posted in the following public and conspicuous places,a copy of Ordinance IX
Number(s) I tl 91 1 �f- 2-- which were adopted at the City Council
meeting of 9 cow_L2. r') Leith a copy(s) of said Ordinance(s) being hereto
attached and by reference made a part hereof, on the
/c day of 1—a_ i.t 44, ,20 /, .
1.Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon
2. Tigard Public Library, 13500 SW Hall Blvd.,Tigard, Oregon
3. Tigard Permit Center, 13125 SW Hall Blvd.,Tigard,Oregon
("*"..."0,
Signature of Person who Performed Posting
Subscribed and sworn (or affirmed) before me this ,.Ofd day of
___51aZVZ12Zg__,20/V .
OFFICIAL SEAL V"
~ CAROL A KRAGER Signature of Notary Public r Oregon
NOTARY PUBLIC-OREGON
';' COMMISSION NO.445625
MY COMMISSION EXPIRES FEBRUARY 23,2014
I:ladmluthyvamt'post ordinance 2008.doc
4
t
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2014- C
AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND AND A PORTION OF RIGHT
OF WAY TOTALLING APPROXIMATELY 8.07 ACRES, APPROVING THE EAST BULL
MOUNTAIN CITY PROPERTY AND WILMINGTON LANE ANNEIXATION (ZCA2013-
00004) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT,
WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND
WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS
222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the
territory proposed to be annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property
which currently lies within the boundary of the Tigard Water District,Washington County Enhanced
Sheriffs Patrol District and Washington County Urban Roads Maintenance District upon completion
of the annexation; and
WHEREAS, the Tigard City Council held a public hearing on January 14, 2014, to consider the
annexation of two (2) parcels (Washington County Tax Map (WCTM) 2S104DC, Tax Lots 5800 &
5900) of land located on SW Alpine Crest Way and a portion of right-of-way along SW Wilmington
Lane, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced
Sheriffs Patrol District and Washington County Urban Roads Maintenance District;and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and on January 14,2014;and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property
from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and
Washington County Urban Roads Maintenance District; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically
changed to the City zoning which most closely implements the City's comprehensive plan map
designation or to the City designations which are the most similar; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09
and has been reviewed for compliance with the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations;and
WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and
determined that withdrawal of the annexed property from the applicable service districts is in the best
interest of the City of Tigard.
ORDINANCE No. 14- Q
Page 1
•
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the subject parcel and right of way as
described and shown in the attached Exhibits "A", `B", "C" & "D", and withdraws
said parcels from the Tigard Water District, Washington County Enhanced Sheriffs
Patrol District and Washington County Urban Roads Maintenance District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA20013-
00004) as findings in support of this decision; a copy of the staff report is attached
hereto as Exhibit "E" and incorporated herein by this reference.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor and posting by the City Recorder.
SECTION 4: City staff is directed to take all necessary measures to implement the annexation,
including filing certified copies of the Ordinance with Metro for administrative
processing, filing with state and county agencies as required by law, and providing
notice to utilities.
SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from
the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and
Washington County Urban Roads Maintenance District shall be the effective date of
this annexation.
SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with
the Secretary of State.
PASSED: By LA n(i fl i,'' I)0LAS vote of all Council members present after being read by number
and title only, this ) -1 { day of j( & (\& . C L u_ ,2014.
` J
l llACIA .-r\k' L,4)) Ct t Cc C
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of (1 lik a 1\1_,/ , 2014.
J
A.proved as to fo John. . Cook,Mayor
dig/Ab.■.!■ 10- .
—City Attorney
I 4 • 9-° ' 4—
Date
ORDINANCE No. 14-
Page 2
EXHIBIT A
Exhibit A
Tax Lot 5800
Real property in the County of Washington,State of Oregon,described as follows:
PARCEL I:
The South 10 acres of the Southwest one-quarter of the Southeast one-quarter of Section 4,2 South,Range I West,of the Willamette Meridian,in the County of Washington and
State of Oregon.
EXCEPTING the West 462 feet thereof.
PARCEL II:
Also a non-exclusive,perpetual easement for road and utility purposes on,over,under and across
the East 50 feet of the following described tract:
Beginning at a stone marking the quarter section corner of the North line of Section 9,Township
2 South,Range 1 West,of the Willamette Meridian;and running thence South 0°35'East along
the quarter section line 1238.5 feet to an iron in the center of County Road;thence along County
Road South 61°27'East 707.7 feet to an iron pipe in the center of County Road,which iron
marks the Southwest corner of the Moler tract;thence North 0°35'West along the West line of
the Moler tract, 1581 feet to an iron on North line of said Section 9;thence on section line South
89°36'West 618.] feet to the place of beginning.
NOTE:This Legal Description was created prior to January 01,2008.
Tax Lot 5900
Real property in the County of Washington,State of Oregon,described as follows:
A TRACT OF LAND IN SECTION 4,TOWNSHIP 2 SOUTH,RANGE I WEST,OF THE
WILLAME 1 I E MERIDIAN,IN THE COUNTY OF WASHINGTON AND STATE OF
OREGON,DESCRIBED AS FOLLOWS:
BEGINNING AT THE ONE-QUARTER CORNER OF THE SOUTH LINE OF SAID
SECTION 4; THENCE NORTH 0° 14'40" WEST, 330.0 FEET, MORE OR LESS, TO THE
NORTHWEST CORNER OF THE SOUTH 10.0 ACRES OF THE SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 4; THENCE
NORTH 80° 45' 40" EAST ALONG THE NORTH LINE OF SAID 10.0 ACRE TRACT, A
DISTANCE OF 462.0 FEET TO A POINT;THENCE SOUTH 0° 14'40" EAST, PARALLEL
WITH THE WEST LINE OF SAID 10.0 ACRE TRACT, 330.0 FEET, MORE OR LESS, TO
THE SOUTH LINE OF SAID SECTION 4;THENCE SOUTH 89°45'40" WEST,462.0 FEET
TO THE PLACE OF BEGINNING. ANNEXATION CER1 IFIED
EXCEPTING THEREFROM THE FOLLOWING: BY
Page 5 of 7-SPECIAL WARRANTY DEED 100N-701e speeal
aw5 ;0VL )N COUNTY A& 1
;,AR1OGRAPHY
Appendix A A-g
City of Tigard East Bull Mountain Park
THE WESTERLY 2 ACRES OF THE FOLLOWING TRACT OF LAND IN SECTION 4,
TOWNSHIP 2 SOUTH,RANGE 1 WEST,OF THE WILLAMETTE MERIDIAN,IN THE
COUNTY OF WASHINGTON AND STATE OF OREGON,DESCRIBED AS FOLLOWS:
BEGINNING AT THE ONE-QUARTER CORNER OF THE SOUTH LINE OF SAID
SECTION 4; THENCE NORTH 0° 14'40" WEST, 330.0 FEET, MORE OR LESS, TO THE
NORTHWEST CORNER OF THE SOUTH 10.0 ACRES OF THE SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 4; THENCE
NORTH 80° 45' 40" EAST ALONG THE NORTH LINE OF SAID 10.0 ACRE TRACT, A
DISTANCE OF 462.0 FEET TO A POINT; THENCE SOUTH 0° 14'40' EAST, PARALLEL
WITH THE WEST LINE OF SAID 10.0 ACRE TRACT, 330.0 FEET, MORE OR LESS TO
THE SOUTH LINE OF SAID SECTION 4;THENCE SOUTH 89°45'40" WEST,462.0 FEET
TO THE PLACE OF BEGINNING.
NOTE:This Legal Description was created prior to January 01,2008.
•
ANNEXATION CERTIFIED
BY
AtT : 0 F 21311
WASH1114GTON COUNTY A & 1
CARTOGRAPHY
Page 6 of 7-SPECIAL WARRANTY DEED sm1F101i *R..,w,„.,yo.,eo.,uj.DOCzorAymoi,
Appendix A A-10
City of Tigard East Bull Mountain Park
. .
•
. 4
EXHIBIT B
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Appendix A
City of Tigard East Bull Mountain Park
I
EXHIBIT C
i 1
WESTLAKE
CONS Ill.TANTS INt•
ENGINEERING •SURVEYING •PLANNING Phone 503 684-0652
Spectrum Development Fax 503 624-0157
Road and Utility easement
Project No. 1724-34(D) EXHIBIT A
Highland Hills Subdivision Legal Description
January 11,2012
A tract of land situated in a portion of Section 9 Township 2 South,Range I West,of the Willamette
Meridian,City of Tigard,Washington County,Oregon,being a portion of that tract of land as conveyed by
deed to,Shirley K.Rippey,January 11, 1971,in Book 803,Page 479,Washington County Deus Records
and being more particularly described as follows:
Beginning at the southeasterly corner of said Rippey tract,said point being South 00°05'57"East. 19.63 feet
more or less from the southwesterly corner of Lot 33,Raven Ridge,a duly recorded subdivision in said
Washington County,
Thence South 89°54'03"West along the southerly boundary line of said Rippey tract,93.00 feet;
Thence continuing along said southerly boundary line,North 89°58'11"West,250.00 feet more or less to
the southwesterly corner of said Rippey tract;
Thence departing said southerly boundary line,North 00°05'57"West along the westerly boundary line of
said Rippey tract, 10.02 feet;
Thence departing from said westerly boundary line,along a non-tangent 22.00 foot radius curve to the left,
through a central angle of 39°27'45",(chord bears South 70°14'18"East,14.85 feet)an arc distance of
15.15 feet;
Thence South 89°58'11"East, 150.04 feet;
Thence along a 168.00 foot radius curve to the left,through a central angle of 13°38'34",(chord bears North
83°12'32"East,39.91 feet)an arc distance of 40.00 feet to the point of reverse curve;
Thence along a 203.00 foot radius curve to the right,through a central angle of 13°31'44",(chord bears
North 83°09'07"East,47.82 feet)an arc distance of 47.93 feet;
Thence North 89°54'59"East,91.86 feet,more or less,to a point on the easterly boundary line of said
Rippey tract;
'Thence along said easterly boundary line,South 00°05'57"East, 15.44 feet to the Point of Beginning.
Containing 3166 square feet of land more or less.
REGISTERED
PROFESSIONAL
LAN SURVEYOR ANNEXATION CERTIFIED
VEYO
�� BY
OREGON&92 ALIT_ 0 $ ii;i'/
JOHN P. TACCHINI
2267 WASHINGTON COON'Y A& 1
6 3� -/Z OARTOGRAPNY
RENEWAL
111724-034.10114ignland Hills SDlSurve 111oeddl.11tiliiy_tase 120711.00C
Pacific Corporate Came,.15115.S W Soquo,a Partway Suits 150.Tigard,Oregon 97224
Pegs 1 of I
Appendix B B-10
City of Tigard East Bull Mountain Park
-
0>
':v
v
0 m •
x
d pp SHIRLEY K. RIPPEY
a PARCEL 2 800K 803. "
r.
rrI
PAGE 479
-
R=22.00' Ra203.00'
CO 8 A 3927'45' S 13'31'44"
25' NON-EXCLUSIVE R■168.00' L=47.93'
'O L=15.15' ROADWAY EASEMENT A 13'38'34" N83•09'07"E LOT 33
p 8 570'14'18"E PER 8498, P387 L-40.00' 47.82'
m o 14.85' N8312'32"E RAVEN RIDGE
39.91' N89'54'59"£ r SW CDR.
v -589 58'11"E rJ LOT 33
°i 150.04' 91.86' 500'05'57"E
15.44'
/ / //////// ///!///// /A,'/,/I////// _ a BEGINN
N00'O5'57"W
1 0.02' _
-_ - �- - - - �f f f S.W.WILMINGTON LANE i
2gg�g
50.00'11"w ___-- 7-
i _ _ I ��~�'_ — - 589'54'03"w
—1_4.- --I--I 1 93.00' Q
-, Il DOC. NO. T I RAVEN RIDGE
O. 2006-050755 I
HIGHLAND HILLS I 1
LOT 32
(FUTURE SUBDIVISION) z
n
` 3
REGISTERED D
PROFESS!ONA� �' Z EXHIBIT B
LAN SURVEYOR -, z w
LOCATED IN THE NORTHEAST 1/4
�!� O� !� OF SECTION 9, TOWNSHIP 2 trIN
SOUTH, RANGE 1 WEST, W.M.,
OREGON ° I 1 O WASHINGTON COUNTY, OREGON '•JANUARY 15. 1987 �] n bD ' Z
JOHN P. TACCHINI n O ^ (7
2267 = IT1 SCALE 1"� 40'
---4 i,' �)
DATE:02/28/201 1
3
06-30-12 n T DRAWN BY: IpT ��1 j
WESTLAKE
RENEWAL DATE ' m covsul.rANTS, INC.
v CHECKED BY.JPT
REV: 01/11/12 ENGINEERING • 9"."--'NG •PIwN.N NG
til
172454_X1 20711.0 WO JOB N0.01/11/12 5115 5.w SEQUOIA PKWY 5'C ISG
TIGARD OREGON 97224 (503) 6Ea-0652 �,,I
W FAX (503) 824-0157 p„y
I�1
W
F:1
U
LL J.
Hearing Date: Jan y 14.2014 Time: 7;30 PM
STAFF REPORT TO THE
CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON TIGARD
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAMES
AND NUMBERS: ZONE CHANGE ANNEXATION (ZCA)
ZCA2013-00004: East Bull Mountain—City Property/Wilmington Lane Annexation
ZCA2013-00006: Locust Street Annexation
APPLICANT: City of Tigard OWNER: City of Tigard
Kim McMillan 13125 SW Hall Blvd.
13125 SW Hall Blvd. Tigard,OR 97223
Tigard, OR
PROPOSAL: A request to annex city owned properties and right-of-way into the City of Tigard.
The areas to be annexed are known as sites A, B, and C. Site A is made up of two
parcels totaling 8 acres. Site B is a portion of SW Wilmington Lane right-of-way
(3,166 square feet). Site C is a city owned property on Locust Street (1,986 square
feet) that will be dedicated as right-of-way.
LOCATION: The properties to be annexed are found within two different areas of Washington
County. Sites A & B are located on the east side of Bull Mountain within a small
unincorporated island of Washington Cou nty. The Locust Street property is within
Metzger and lies between SW 87 and 90 Avenues.
Site A: 13950 SW Alpine Crest Way; Washington County Tax Assessor's Map
(WCTM) 2S104DC,Tax Lots 5800 and-5900.
Site B: No address or map and parcel number.
Site C: No address;WCTM 1S135AA,Tax Lot 00701.
COUNTY ZONES: R6: Residential, 5 units/acre minimum density, 6 units/acre maximum density.
TO: 18-24 (Transit Oriented Residential District, 18-24 units per acre).
CITY ZONES: R-7: Medium Density Residential District.
R-4.5:Low Density Residential District
APPLICABLE
REVIEW
CRITERIA: The approval standards for annexations are described in Community Development
Code Cha ters 18.320 and 18.390, Comprehensive Plan Goal 1, Goal 11, Goal 12,
and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09.
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 1 OF 11
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexations (ZCA2013-00004 and
ZCA2013-00006) meet all the approval criteria as identified in ORS Chapter 222, Metro Code
Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following
Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal
14.2, Policy 1-4. Therefore, staff recommends APPROVAL of ZCA2013-00004 and ZCA2013-00006
by adoption of the attached ordinances.
SECTION III. BACKGROUND INFORMATION
Site A:
Site A consists of two parcels (tax lots 5800 and 5900) totaling 8 acres that are located within a small island
of unincorporated Washington County properties on the east side of Bull Mountain. The island consists
of five parcels. Annexation of one of the other parcels within the island was recently approved
(ZCA2013-00003 Otis Annexation) but was not effective at the writing of this report. The owner of the
remaining two parcels is not interested in annexing at this time.
Tax lot 5800 is developed with a vacant, single-family home served by a se?tic tank and city water from
SW Alpine Crest Way. Tax lot 5900 is undeveloped. Both parcels are heavi-y wooded with the exception
of the house location.
In 2012 the city purchased the two parcels for a future park along with an adjoining parcel to the west.
The adjoining parcel is already within the city boundary and will be maintained as open space. Approval
for park development will be requested once the properties are within the city. Park development is not
proposed with thus application. Preliminary park plans include removal of the existing single family home,
and construction of a shelter, utility shed, and sport court. Picnic tables, play structures, and accessible
pathways are also anticipated.
Site B:
Site B is a portion of Wilmington Lane right-of-way that was deeded to the City of Tigard by the adjoining
property owner to the north (Rippey). The Highland Hills subdivision, south of Wilmington Lane, was
approved by Washington County in 2008 and subsequently annexed into Tigard. One of the conditions of
the subdivision was to extend'Wilmington Lane to the westerly boundary of the subdivision. Constructing
the street within the confines of the subdivision would have resulted in a substandard street. Conveyance
of the property by the adjoining owner allowed construction of the full street but happened after
annexation of the subdivision. This request is to annex a small portion of Wilmington Lane (3,166 square
feet),which is a city street.
Site C:
Site C is a small parcel (1,986 square feet) on the north side of Locust Street west of the Hall Boulevard
intersection. In 1989 and 1990 the City of Tigard performed street improvements to SW Locust Street.
These improvements included installations of utilities as well as widening and realignment of the roadway.
It was necessary for the city to purchase property in unincorporated Washington County to avoid
improvements being constructed on private property. Following annexation, the city will dedicate the
property as public right-of-way within the city's boundary.
SECTION IV. APPLICABLE CRITERIA,FINDINGS AND CONCLUSIONS
City: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1; Goal
11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14.2 (Policies 1-4).
State: ORS Chapter 222
Regional:Metro Code Chapter 3.09
A.CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18)
Staff has determined that the proposal is consistent with the relevant portions of the Community
Development Code based on the following findings:
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 2 OF 11
Chapter 18.320.020.B: Approval Process and Standards.
Approval Criteria. The decision to approve, approve with modification, or deny an application to
annex property to the City shall be based on the following criteria:
1.All services and facilities are available to the area and have sufficient capacity to provide service
for the proposed annexation area;
The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the
purposes of the Comprehensive Plan, public facilities and services refer to stormwater management,water
supply and distribution,wastewater management, community facilities,and private utilities. In addition the
Comprehensive Plan Glossary includes public safety,parks, and transportation. All services are available to
the proposed annexation sites and have adequate capacity to serve future development. Site B is existing
right-of-way for SW Wilmington Lane, and Site C will be dedicated as right-of-way for SW Locust Street.
All services are available in the area for these two sites, but services are not needed. Individual services or
facilities serving Site A are discussed in further detail below.
Water — City of Tigard/Tigard Water District. Sites A lies within the Tigard Water Service Area and
the existing house is already served by city water through a 4-inch line from SW Alpine Crest Way. In
addition, there are 6 and 8-inch lines in adjacent streets (SW Ridgefield Lane and SW Fernridge Terrace).
There is capacity to serve future park improvements.
Sewer—City of Tigard/Clean Water Services. The vacant home on Site A is served by septic. Existing
sanitary lines are available at the north and east property lines. Clean Water Services is the sewer provider
in the surrounding area. There is adequate capacity to serve the existing home or future park uses.
Stormwater — Clean Water Services. Clean Water Services is the current provider of stormwater
services in this area. Storm drainage can be directed to existing stormwater facilities to the east. Capacity
is adequate to serve the existing single-family home or future park improvements on Site A.
Streets — City of Tigard Engineering Division. Site A is currently served by a private access easement
from SW Alpine Crest \Vay; however three public streets stub to the site (SW Alpine Crest Way and SW
Fernridge Terrace to the north and SW Ridgefield Lane to the east). The proposed annexation will not
impact the current private access and street extension will be addressed with future park development.
The property is within the Washington County Urban Road Maintenance District and will be removed
from the district upon annexation.
Police — City of Tigard Police Department. Police services are currently provided by the Washington
County Sheriff. If approved, the property will be withdrawn from the Enhanced Sheriff's Patrol District.
The City of Tigard Police ce Department was contacted by city staff regarding the annexation. Tigard Police
expressed no objections to the proposal.
Fire—Tualatin Valley Fire and Rescue F &R). The subject property is in Tualatin Valley Fire and
Rescue's (TVF&R's) service area. The TV &R District currently provides services to Site A, which will
not change following annexation. The Fire District has personnel and equipment in the area that can
respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue
operations.
Parks—City of Tigard. Site A is planned for a future neighborhood park,which will add to the city's park
capacity.
CONCLUSION: Based upon this review, staff finds that all public services and facilities (as defined by
the Comprehensive Plan) are available to the proposed annexation territory and have sufficient capacity to
provide service; however these services are not needed for sites B and C because they are now or will be
dedicated right-of-way. The proposed annexation will not reduce the level of services within the City of
Tigard. This criterion is met.
2. The applicable Comprehensive Plan policies and implementing ordinance provisions have
been satisfied.
FINDINGS: The following Comprehensive Plan goals and policies apply to the proposed annexation:
Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1- 4. Staff has determined that the
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 3 OF II
proposal has satisfied the applicable Comprehensive Plan policies based on the following findings:
Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other
jurisdictions the opportunity to participate in all phases of the planning process.
The City maintains an ongoing citizen involvement program. To assure citizens will be rovided an
opportunity to be involved in all phases of the planning process, the City provides notice for Type IV
land-use applications. The City posted, mailed and published notice of the public hearing as follows. The
City posted the hearing notice at four public places on December 20, 2013: Tigard Library, Tigard City
Hall, Tigard Permit Center, and near the proposed annexation areas. The City published notice of the
hearing in The Tigard Times for two successive weeks (January.2 and January 9, 2014) prior to the January
14, 2014 public hearing. The City also mailed notice to all interested parties and surrounding property
owners within 500 feet on December 24, 2013.
Goal 11.1: Public Facilities and Services.
Policy 4. The City shall require the property to be located within the city limits prior to receiving
City stormwater services.
Stormwater service near Sites A and B is provided by Clean Water Services. Annexation is not necessary
to receive stormwater service. A city stormwater line runs through Site C; however service is not needed
for this site.
Policy 6. The City shall require the property to be located within the city limits prior to receiving
City wastewater services.
Sites B and C (existing and future rights-of-way) will not require wastewater service. The existing, vacant
home on Site A will be demolished. Future park development will likely include portable restrooms,
meaning sanitary service will not be needed. However, annexation of this area will ensure that city sanitary
service will not be extended outside city limits if needed for future development. The applicant will not
receive City services prior to annexation.
Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary
steps, including the appropriate annexation of unincorporated properties.
Policy 1. The City shall assign a Tigard zoning district designation to annexed property that most
closely conforms to the existing Washington County zoning designation for that property.
The applicable Tigard zoning district designations are addressed below in the findings for Section
18.320.020.C.
Policy 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban
level services to an area when approving annexation.
Capacity has been addressed above,consistent with this policy.
Policy 3.The City shall approve proposed annexations based on findings that the request:
A. can be accommodated by the City's public facilities and services; and
The availability of the City's public facilities and services has been addressed above, consistent with this
policy.
B. is consistent with applicable state statute.
As reviewed in this report, staff finds that the provisions of ORS 222 have been met, consistent with this
policy.
Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations
be included to:A) avoid creating unincorated islands within the City;B) enable public services
to be efficiently and effectively extended to the entire area; or C) implement a concept plan or
sub-area master plan that has been approved by the Planning Commission or City Council.
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 4 OF I1
Sites A and B lie within an island of unincorporated Washington County. There are five parcels with three
owners within this island. Two of the parcels owned by the city are included in this proposed annexation.
An additional parcel was recently approved for annexation into the city (ZCA2013-00003). The property
owner of the remaining two parcels was approached by city staff for annexation; however the owner has
indicated no interest in annexing at this time. The proposed annexation will result in a smaller island.
Site A was purchased by the city in 2012 for park development to implement the City of Tigard Park
System Master Plan. The plan outlines the need to acquire park property and construct park
improvements, to preserve open spaces, enhance water quality and provide recreational opportunities.
Annexation will allow the city to pursue development of park facilities on this property. Annexation will
allow public services to be more efficiently and effectively provided because city improvements will be
located within the boundary.
CONCLUSION: Annexation of additional parcels is not possible at this time. The city has coordinated
with all jurisdictions and agencies within/near the annexation sites. The City of Tigard has the
services/facilities available and at adequate capacity to serve the sites. The proposed annexation is
consistent with applicable Comprehensive Plan policies. This criterion is met.
Chapter 18.320.020.0
Assignment of comprehensive plan and zoning designations.
The comprehensive plan designation and the zoning designation placed on the property shall be
the city's zoning district which most closely implements the city's or county's comprehensive
plan map designation. The assignment of these designations shall occur automatically and
concurrently with the annexation. In the case of land which carries county designations, the city
shall convert the county's comprehensive plan map and zoning designations to the city
designations which are the most similar.
FINDINGS: Site A is currently zoned R-6 (Washington County). This zone is intended for residential
development at no more than 6 units per acre and no less than 5 units per acre. Table 18.320.1 in the
Tigard Community Development Code (TCDC) summarizes the conversion of the county's plan and
zoning designations to city designations which are most similar. According to this table, the city
designation most similar to county R-6 is city R-7 zoning. Site B is right-of-way and has no zoning, but
zoning of adjacent parcels within city boundaries is R-T. Site C is currently zoned county TO: 18-24
(Transit Oriented, 18-24 units per acre). Table 18.320.1 does not designate an equivalent city zone. The
site will be dedicated as city right-of-way following annexation; therefore city R-4.5 (Low Density
Residential) is proposed to match the zoning of adjacent properties within Tigard that are located on the
south side of Locust Street. Once the parcel is dedicated to city right-of-way, zoning will no longer be
applicable.
CONCLUSION: Upon annexation Site A will be zoned city R-7, which most closely implements
Washington County's comprehensive plan and zoning designations (R-6). Site C will be zoned city R-4.5
to match nearby properties within the city boundary. This criterion is met.
Chapter 18.390.060: Type IV Procedure
Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the
Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which
were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an
annexation. It also requires the City to provide notice at least 20 days prior to the hearing by mail and to
publish notice at least 10 business days prior to the hearing. City staff mailed notices to other agencies and
utilities on December 9, 2013 and property owners within 500 feet on December 24, 2013. A notice was
Jpublished in The Tigard Times for two successive weeks Qanuary 2, 2014 &January 9, 2014) prior to the
anuary 14, 2014 public hearing.
Additionally, Chapter 18.390.060 sets forth five factors for consideration when making a Type IV
decision:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter
197;
FINDINGS: The city's Comprehensive Plan has been acknowledged by the Land Conservation and
Development Commission to be in compliance with state planning goals and as reviewed above, the
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 5 OF I I
•
annexation proposal is consistent with Tigard Comprehensive Plan goals and policies.
CONCLUSION: The proposal is consistent with the city's acknowledged Comprehensive Plan.
Therefore,the proposal complies with statewide planning goals,including citizen involvement,public
facilities,transportation,and urbanization.
2.Any federal or state statutes or regulations found applicable;
FINDINGS:
ORS 222:
State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous
territory when owners of land in the proposed annexation territory submit a petition to the legislative body of
the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous
territory. A city is not required to hold an election for such an annexation if it follows the noticing
procedures for a public hearing per ORS 222.120.
ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and
provide public notice to be published once each week for two successive weeks prior to the day of the
hearing, in a news aper of general circulation in the city, and shall cause notices of the hearing to be
posted in four public places in the city for the same two week period.
The owner of the subject parcels has submitted petitions for annexation to the City. The subject parcel is
contiguous to the City's boundary. City staff mailed notice on December 24, 2013, and published public
notice in The Tigard Times for two successive weeks (January 2 and January 9, 2014) prior to the January 14,
2014 public hearing and posted the hearing notice for public view on December 20, 2013 in the Tigard
Library,Tigard City Hall,Tigard Permit Center,and near the proposed annexation sites.
CONCLUSION: Staff finds that the provisions of ORS 222 have been met.
3.Any applicable METRO regulations;
Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be
addressed in annexation decisions, in addition to local and state review standards. Staff has reviewed the
Metro regulations for Local Government Boundary Changes and addressed the applicable regulations
(Metro Code 3.09.045(d) & (e) and 3.09.050) below:
FINDINGS:
Metro 3.09.045 (d) and (e)
The proposed annexation is not being reviewed through an expedited process, but subsections (d) of
Metro Code 3.09.050 requires that the standards of 3.09.045 (d) & (e) be addressed.
(d) To approve a boundary change through an expedited process, the city shall:
(1) Find that the change is consistent with expressly applicable provisions in:
(A) Any applicable urban service agreement adopted pursuant to ORS 195.065;
The Tigard Urban Service Agreement (TUSA) is between the City, County, Metro, and the service
Districts for water, sewer, transportation, parks and public safety. The agreement outlines the role,
provision, area, and planning/coordination responsibilities for service providers operating in the Tigard
Urban Services Area. These services are addressed above at the beginning of this report.
The Urban Planning Area Agreement (UPAA) between the City and the County provides coordination of
comprehensive planning and development, defines the area of interest, and includes policies with respect
to the active planning area and annexation. The agreement states that "so that all properties within the
Tigard Urban Service Area will be served by the City, the County and City will be supportive of
annexations to the City."
The applicable annexation policies include the assignment of comprehensive plan and zoning designations
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 6 OF 11
addressed earlier in this report and acknowledgements that the City is the ultimate service provider of
urban services within the 'Tigard Urban Service Area. The City has adhered to the Comprehensive
Planning and Development Policies outlined in the UPAA, and provided notice to/requested comments
from Washington County prior to the public hearing.
(B) Any applicable annexation plan adopted pursuant to ORS 195.205;
These statutes outline the process for annexations initiated by a city or district, including public hearings
and voting procedures. This statute is not applicable since the annexation was initiated by the property
owner. The property owner (City of Tigard)has submitted a petition to annex. There are no registered
voters at the sites.
(C)Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between
the affected entity and a necessary party;
ORS195.020(2) speaks to cooperative agreements between counties or Metro with each special district that
Sprovides an urban service within the boundaries of the county or the Metropolitan Service District.
pecial districts would include fire, water, school, and sewer districts. These districts are the same within
the county and city with the exception of the sewer district, which will be the City of Tigard following
development of the subdivision. Planning for these areas will still be considered by the same special
districts upon annexation due to existing agreements with the City.
(D)Any applicable public facility plan adopted pursuant to a statewide planning goal on public
facilities and services; and
The City of Tigard Public Facility Plan was adopted in 1991 in compliance with statewide planning goals
and Oregon Administrative Rule 660-11. A revised plan is currently being developed as part of periodic
review and the River Terrace Community Plan. New Comprehensive Plan goals and policies for public
facilities were adopted in 2008 (Goal 11), and the applicable goals and policies were addressed previously
in this report. The proposed annexation is consistent with the Tigard Public Facility Plan.
(E) Any applicable comprehensive plan; and
The Tigard Comprehensive Plan applies in this case. Applicable policies are satisfied as addressed
previously in this report.
(2) Consider whether the boundary change would: (A) Promote the timely, orderly and economic
provision of public facilities and services; (B) Affect the quality and quantity of urban services;
and (C) Eliminate or avoid unnecessary duplication of facilities or services.
The proposed annexation will allow urban services to be provided for any future development of the sites,
which are currently planned for a city park and rights-of-way. Site A is currently developed with a vacant,
single-family home on septic, already served by city water, and served by Washington County and Tualatin
Valley Fire and Rescue (TVF&R). Upon annexation sanitary sewer and storm can be extended to serve
future development. In addition, Tigard Police will serve the site instead of Washington County Sherriff.
TVF&R will continue to provide service as it is a county-wide provider.
(e) A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel
that lies partially within and outside the UGB. Neither a city nor a district may extend water or
sewer services from inside a UGB to territory that lies outside the UGB.
The property to be annexed is not outside the UGB. This criterion is not applicable.
Metro 3.09.050 (b)
(b) Not later than 15 days prior to the date set for a change decision, the approving entity shall
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 7 OF 11
make available to the public a report that addresses the criteria in subsection (d) below, and that
includes at a minimum the following:
The staff report was available December 30,2013, fifteen days prior to the public hearing.
(1) The extent to which urban services presently are available to serve the affected territory
including any extra territorial extensions of service;
As addressed previously in this report, urban services are available and can be extended if necessary to the
affected territory.
(2) Whether the proposed boundary change will result in the withdrawal of the affected territory
from the legal boundary of any necessary party; and
The proposed territory will remain within Washington County but will be required to be withdrawn from
the Washington County Enhanced Sheriffs Patrol District and Urban Road Service District upon
completion of the annexation. This withdrawal is incorporated into the proposed ordinance.
(3) The proposed effective date of the boundary change.
The public hearing will take place January 14, 2014. If the Council adopts findings to approve ZCA2013-
00004 and ZCA2013-00006, the effective date of the annexations will be upon filing with the Secretary of
State office per Oregon Revised Statutes (ORS 222.180) or 30 days following City Council adoption,
whichever is later.
(c) The person or entity proposing the boundary change has the burden to demonstrate that the
proposed boundary change meets the applicable criteria.
The proposed boundary change meets the applicable criteria as demonstrated in this staff report.
(d) To approve a boundary change, the reviewing entity shall apply the criteria and consider the
factors set forth in subsections (d) and (e) of Section 3.09.045.
The criteria and factors outlined in subsections (d) and (e) of Section 3.09.045 have been previously
addressed in this report.
CONCLUSION: As shown in the above findings the proposed annexation satisfies the Metro Code
regulations related to Local Government Boundary Changes. This criterion is met.
(Tigard CDC 18.390.060 continued)
4.Any applicable comprehensive plan policies; and
FINDINGS: Findings addressing the applicable Comprehensive Plan policies were provided previously in
this report.
CONCLUSION: As previously demonstrated, the proposed annexation is consistent with all applicable
comprehensive plan policies.
5.Any applicable provisions of the City's implementing ordinances.
FINDINGS: Resolution 13-08 extended previously approved incentives for property owners that
voluntary annex into the city limits through February 2014. The properties to be annexed are owned by
the city and are not subject to property tax. Therefore, the provisions of Resolution 13-08 do not apply in
this case.
SECTION VII. STAFF&AGENCY COMMENTS
Tigard Police reviewed the proposed annexation and have no objections.
No other comments were received.
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 8 OF 11
SECTION VIII. PUBLIC COMMENTS
The City mailed notice to surrounding property owners within 500 feet. No written public comments
were received.
December 30.2013
PREPARED BY: Cheryl Caines DATE
Associate Planner
December 30.2013
REVIEWED BY: Tom McGuire DATE
Asst. Community Development Director
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 9 OF 11
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CITY OF TIGARD,OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2014- U,
AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING
APPROXIMATELY 1,986 SQUARE FEET, APPROVING THE LOCUST STREET
ANNEXATION (ZCA2013-00006) AND WITHDRAWING PROPERTY FROM THE
WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND
WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS
222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the
territory proposed to be annexed;and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property
which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District
and Washington County Urban Roads Maintenance District upon completion of the annexation;and
WHEREAS, the Tigard City Council held a public hearing on January 14, 2014, to consider the
annexation of one (1) parcel (Washington County Tax Map 1S135AA,Tax Lot 701) of land located on
SW Locust Street, and withdrawal of said parcel from the Washington County Enhanced Sheriffs
Patrol District and Washington County Urban Roads Maintenance District;and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and on January 14,2014;and
WHEREAS,pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property
from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads
Maintenance District;and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically
changed to the City zoning which most closely implements the City's comprehensive plan map
designation or to the City designations which are the most similar; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09
and has been reviewed for compliance with the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations;and
WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and
determined that withdrawal of the annexed property from the applicable service districts is in the best
interest of the City of Tigard.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
ORDINANCE No. 14- 0
Page 1
SECTION 1: The Tigard City Council hereby annexes the subject parcel and right of way as
described and shown in the attached Exhibits "A" and `B", and withdraws said
parcels from the Washington County Enhanced Sheriffs Patrol District and
Washington County Urban Roads Maintenance District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2013-
00006) as findings in support of this decision; a copy of the staff report is attached
hereto as Exhibit"C" and incorporated herein by this reference.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor and posting by the City Recorder.
SECTION 4: City staff is directed to take all necessary measures to implement the annexation,
including filing certified copies of the Ordinance with Metro for administrative
processing, filing with state and county agencies as required by law, and providing
notice to utilities.
SECTION 5: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the property from
the Washington County Enhanced Sheriffs Patrol District and Washington County
Urban Roads Maintenance District shall be the effective date of this annexation.
SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with
the Secretary of State.
PASSED: By U nail,r atc vote of all Council memb , present after being read by number
and title only,this / • day of C,. rL.wr +,,ma.- ,2014.
= a c:
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this + day of C .(. cA. ,2014.
Approved as to form: Jo Cook,Mayor
City Attorney 1!
t ( q - 7
Date
ORDINANCE No. 14- 0�
Page 2
EXHIBIT A
ANNEXATION DESCRIPTION
A tract of land situated in the Northeast one-quarter of Section 35,Township 1 South,Range 1 West,
Willamette Meridian,Washington County,Oregon, being described as follows:
Beginning at a point which is N BY 37'22"E a distance of 152.72 feet from the northeast corner of Lot
3,Block 3 of the Plat of the Town of Metzger; Thence N 00'26'00"W a distance of 5.58 feet to a non-
tangent curve to the right; Thence along said curve to the right with a radius of 445.00 feet,a central
angle of 1'27'44",(a chord which bears S 65'39'41"E,11 36 feet)and a length of 11.36 feet to a point
of tangency; Thence 5 64'55'49"E a distance of 73.08 feet to the point of curve of a curve to the left;
Thence along said curve to the left with a radius of 385.00 feet,a central angle of 8'57'54",(chord
which bears 5 69°24'46"E,60 18 feet)and a length of 60.24 feet; Thence 5 26'53'30"W a distance of
6.29 feet; Thence S 89'42'30"W a distance of 2.30 feet to a point of curve of a curve to the right;
Thence along said curve to the right with a radius of 164.90 feet,a central angle of 43'31'30",(a chord
which bears N 68°31'45"W,122.28 feet)and a length of 125 27 feet to a point of reverse curve to the
left; Thence along said curve to the left with a radius of 240.00 feet,a central angle of 4'24'0D",(a
chord which hears N 48'58'03"W,18.43 feet)and a length of 18 44 feet to the point of beginning.
Containing 1986 square feet
ANNEXATION CER1IFIED
BY 1F
AUG 0 8 ?01?
WASHINGTON COUNTY A& •)
CARTOGRAPHY
Appendix C C-9
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Hearing Date: January 14.2014 Time: 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL :101
FOR THE CITY OF TIGARD, OREGON TIGARD
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAMES
AND NUMBERS: ZONE CHANGE ANNEXATION (ZCA)
ZCA2013-00004: East Bull Mountain—City Property/Wilmington Lane Annexation
ZCA2013-00006: Locust Street Annexation
APPLICANT: City of Tigard OWNER: City of Tigard
Kim McMillan 13125 SW Hall Blvd.
13125 SW Hall Blvd. Tigard,OR 97223
Tigard,OR
PROPOSAL: A request to annex city owned properties and right-of-way into the City of Tigard.
The areas to be annexed are known as sites A, B, and C. Site A is made up of two
parcels totaling 8 acres. Site B is a portion of SW Wilmington Lane right-of-way
(3,166 square feet). Site C is a city owned property on Locust Street (1,986 square
feet) that will be dedicated as right-of-way.
LOCATION: The properties to be annexed are found within two different areas of Washington
County. Sites A & B are located on the east side of Bull Mountain within a small
unincorporated island of Washington Cou nty. The Locust Street property is within
Metzger and lies between SW 87 and 90th Avenues.
Site A: 13950 SW Alpine Crest Way; Washington County Tax Assessor's Map
(WCTM) 2S1O4DC,Tax Lots 5800 and 5900.
Site B: No address or map and parcel number.
Site C: No address;WCTM 1S135AA,Tax Lot 00701.
COUNTY ZONES: R6: Residential, 5 units/acre minimum density,6 units/acre maximum density.
TO: 18-24 (Transit Oriented Residential District, 18-24 units per acre).
CITY ZONES: R-7: Medium Density Residential District.
R-4.5:Low Density Residential District
APPLICABLE
REVIEW
CRITERIA: The approval standards for annexations are described in Community Development
Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1, Goal 11, Goal 12,
and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09.
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 1 OF 11
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council fmd that the Proposed annexations (ZCA22013-00004 and
ZCA2013-00006) meet all the approval criteria as identified in ORS Chapter 222, Metro Code
Chapter 3.09, Community Development Code Chapters 18320 and 18.390, and the fallowing
Comprehensive Plan Goals and Policies: Goal 11;Goal 11.1, Policy 4;Goal 113, Policy 6; and Goal
14.2, Policy 1-4. Therefore, staff recommends APPROVAL of ZCA2013-00004 and ZCA2013-00006
by adoption of the attached ordinances.
SECTION III: BACKGROUND INFORMATION
Site A:
Site A consists of two parcels (tax lots 5800 and 5900) totaling 8 acres that are located within a small island
of unincorporated Washington County properties on the east side of Bull Mountain. The island consists
of five parcels. Annexation of one of the other parcels within the island was recently approved
(ZCA2013-00003 Otis Annexation) but was not effective at the writing of this report. The owner of the
remaining two parcels is not interested in annexing at this time.
Tax lot 5800 is developed with a vacant, single-family home served by a septic tank and city water from
SW Alpine Crest Way. Tax lot 5900 is undeveloped. Both parcels are heavily wooded with the exception
of the house location.
In 2012 the city purchased the two parcels for a future park along with an adjoining parcel to the west.
The adjoining parcel is already within the city boundary and will be maintained as open space. Approval
for park development will be requested once the properties are within the city. Park development is not
proposed with this application. Preliminary park plans include removal of the existing single family home,
and construction of a shelter, utility shed, and sport court. Picnic tables, play structures, and accessible
pathways are also anticipated.
Site B:
Site B is a portion of Wilmington Lane right-of-way that was deeded to the City of Tigard by the adjoining
property owner to the north (Rippey). The Highland Hills subdivision, south of Wilmington Lane, was
approved by Washington County in 2008 and subsequently annexed into Tigard. One of the conditions of
the subdivision was to extend Wilmington Lane to the westerly boundary of the subdivision. Constructing
the street within the confines of the subdivision would have resulted in a substandard street. Conveyance
of the property by the adjoining owner allowed construction of the full street but happened after
annexation of the subdivision. This request is to annex a small portion of Wilmington Lane (3,166 square
feet),which is a city street.
Site C:
Site C is a small parcel (1,986 square feet) on the north side of Locust Street west of the Hall Boulevard
intersection. In 1989 and 1990 the City of Tigard performed street improvements to SW Locust Street.
These improvements included installations of utilities as well as widening and realignment of the roadway.
It was necessary for the city to purchase property in unincorporated Washington County to avoid
improvements being constructed on private property. Following annexation, the city will dedicate the
property as public right-of-way within the city's bouncary.
SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS
City: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1; Goal
11.1 (Policy 4), and Goal 11.3 (Policy 6),Goal 14.2 (Policies 1-4).
State: ORS Chapter 222
Regional:Metro Code Chapter 3.09
A.CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18)
Staff has determined that the proposal is consistent with the relevant portions of the Community
Development Code based on the following findings:
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Chapter 18.320.020.B: Approval Process and Standards.
Approval Criteria. The decision to approve, approve with modification, or deny an application to
annex property to the City shall be based on the following criteria:
1. All services and facilities are available to the area and have sufficient capacity to provide service
for the proposed annexation area;
The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the
purposes of the Comprehensive Plan, public facilities and services refer to stormwater management,water
supply and distribution,wastewater management, community facilities, and private utilities. In addition the
Comprehensive Plan Glossary includes public safety,parks, and transportation.All services are available to
the proposed annexation sites and have adequate capacity to serve future development. Site B is existing
right-of-way for SW Wilmington Lane, and Site C will be dedicated as right-of-way for SW Locust Street.
All services are available in the area for these two sites, but services are not needed. Individual services or
facilities serving Site A are discussed in further detail below.
Water— City of Tigard/Tigard Water District. Sites A lies within the Tigard Water Service Area and
the existing house is already served by city water through a 4-inch line from SW Alpine Crest Way. In
addition, there are 6 and 8-inch lines in adjacent streets (SW Ridgefield Lane and SW Fernridge Terrace).
There is capacity to serve future park improvements.
Sewer—City of Tigard/Clean Water Services. The vacant home on Site A is served by septic. Existing
sanitary lines are available at the north and east property lines. Clean Water Services is the sewer provider
in the surrounding area. There is adequate capacity to serve the existing home or future park uses.
Stormwater — Clean Water Services. Clean Water Services is the current provider of stormwater
services in this area. Storm drainage can be directed to existing stormwater facilities to the east. Capacity
is adequate to serve the existing single-family home or future park improvements on Site A.
Streets — City of Tigard Engineering Division. Site A is currently served by a private access easement
from SW Alpine Crest Way; however three public streets stub to the site (SW Alpine Crest Way and SW
Fernridge Terrace to the north and SW Ridgefield Lane to the east). The proposed annexation will not
impact the current private access and street extension will be addressed with future park development.
The property is within the Washington County Urban Road Maintenance District and will be removed
from the district upon annexation.
Police — City of Tigard Police Department. Police services are currently provided by the Washington
County Sheriff. If approved, the property will be withdrawn from the Enhanced Sheriff's Patrol District.
The City of Tigard Police Department was contacted by city staff regarding the annexation. Tigard Police
expressed no objections to the proposal.
Fire —Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and
Rescue's (TVF&R's) service area. The TVF&R District currently provides services to Site A, which will
not change following annexation. The Fire District has personnel and equipment in the area that can
respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue
operations.
Parks—City of Tigard. Site A is planned for a future neighborhood park,which will add to the city's park
capacity.
CONCLUSION: Based upon this review, staff finds that all public services and facilities (as defined by
the Comprehensive Plan) are available to the proposed annexation territory and have sufficient capacity to
provide service; however these services are not needed for sites B and C because they are now or will be
dedicated right-of-way. The proposed annexation will not reduce the level of services within the City of
Tigard. This criterion is met.
2. The applicable Comprehensive Plan policies and implementing ordinance provisions have
been satisfied.
FINDINGS: The following Comprehensive Plan goals and policies apply to the proposed annexation:
Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1- 4. Staff has determined that the
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proposal has satisfied the applicable Comprehensive Plan policies based on the following findings:
Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other
jurisdictions the opportunity to participate in all phases of the planning process.
The City maintains an ongoing citizen involvement program. To assure citizens will be rovided an
opportunity to be involved in all phases of the planning process, the City provides notice for Type IV
land-use applications. The City posted, mailed and published notice of the public hearing as follows. The
City posted the hearing notice at four public places on December 20, 2013: Tigard Library, Tigard City
Hall, Tigard Permit Center, and near the proposed annexation areas. The City published notice of the
hearing in The Tigard Times for two successive weeks (January 2 and January 9, 2014) prior to the January
14, 2014 public hearing. The City also mailed notice to all interested parties and surrounding property
owners within 500 feet on December 24, 2013.
Goal 11.1: Public Facilities and Services.
Policy 4. The City shall require the property to be located within the city limits prior to receiving
City stormwater services.
Stormwater service near Sites A and B is provided by Clean Water Services. Annexation is not necessary
to receive stormwater service. A city stormwater line runs through Site C; however service is not needed
for this site.
Policy 6. The City shall require the property to be located within the city limits prior to receiving
City wastewater services.
Sites B and C (existing and future rights-of-way) will not require wastewater service. The existing, vacant
home on Site A will be demolished. Future park development will likely include portable restrooms,
meaning sanitary service will not be needed. However, annexation of this area will ensure that city sanitary
service will not be extended outside city limits if needed for future development. The applicant will not
receive City services prior to annexation.
Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary
steps, including the appropriate annexation of unincorporated properties.
Policy 1. The City shall assign a Tigard zoning district designation to annexed property that most
closely conforms to the existing Washington County zoning designation for that property.
The applicable Tigard zoning district designations are addressed below in the findings for Section
18.320.020.C.
Policy 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban
level services to an area when approving annexation.
Capacity has been addressed above,consistent with this policy.
Policy 3.The City shall approve proposed annexations based on findings that the request:
A. can be accommodated by the City's public facilities and services; and
The availability of the City's public facilities and services has been addressed above, consistent with this
policy.
B. is consistent with applicable state statute.
As reviewed in this report, staff finds that the provisions of ORS 222 have been met, consistent with this
policy.
Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations
be included to: A) avoid creating unincorporated islands within the City;B) enable public services
to be efficiently and effectively extended to the entire area; or C) implement a concept plan or
sub-area master plan that has been approved by the Planning Commission or City Council.
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Sites A and B lie within an island of unincorporated Washington County. There are five parcels with three
owners within this island. Two of the parcels owned by the city are included in this proposed annexation.
An additional parcel was recently approved for annexation into the city (ZCA2013-00003). The property
owner of the remaining two parcels was approached by city staff for annexation; however the owner has
indicated no interest in annexing at this time. The proposed annexation will result in a smaller island.
Site A was purchased by the city in 2012 for park development to implement the City of Tigard Park
System Master Plan. The plan outlines the need to acquire ark property and construct park
improvements, to preserve open spaces, enhance water quality andpprovide recreational opportunities.
Annexation will allow the city to pursue development of park facilities on this property. Annexation will
allow public services to be more efficiently and effectively provided because city improvements will be
located within the boundary.
CONCLUSION: Annexation of additional parcels is not possible at this time. The city has coordinated
with all urisdictions and agencies within/near the annexation sites. The City of Tigard has the
services/facilities available and at adequate capacity to serve the sites. The proposed annexation is
consistent with applicable Comprehensive Plan policies. This criterion is met.
Chapter 18.320.020.0
Assignment of comprehensive plan and zoning designations.
The comprehensive plan designation and the zoning designation placed on the property shall be
the city's zoning district which most closely implements the city's or county's comprehensive
plan map designation. The assignment of these designations shall occur automatically and
concurrently with the annexation. In the case of land which carries county designations, the city
shall convert the county's comprehensive plan map and zoning designations to the city
designations which are the most similar.
FINDINGS: Site A is currently zoned R-6 (Washington County). This zone is intended for residential
development at no more than 6 units er acre and no less than 5 units per acre. Table 18.320.1 in the
Tigard Community Development Code (TCDC) summarizes the conversion of the county's plan and
zoning designations to city designations which are most similar. According to this table, the city
designation most similar to county R-6 is city R-7 zoning. Site B is right-of-way and has no zoning, but
zoning of adjacent parcels within city boundaries is R-7. Site C is currently zoned county TO: 18-24
(Transit Oriented, 18-24 units per acre). Table 18.320.1 does not designate an equivalent city zone. The
site will be dedicated as city right-of-way following annexation; therefore city R-4.5 (Low Density
Residential) is proposed to match the zoning of adjacent properties within Tigard that are located on the
south side of Locust Street. Once the parcel is dedicated to city right-of-way, zoning will no longer be
applicable.
CONCLUSION: Upon annexation Site A will be zoned city R-7, which most closely implements
Washington County's comprehensive plan and zoning designations (R-6). Site C will be zoned city R-4.5
to match nearby properties within the city boundary. This criterion is met.
Chapter 18.390.060:Type IV Procedure
Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the
Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which
were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an
annexation. It also requires the City to provide notice at least 20 days prior to the hearing by mail and to
publish notice at least 10 business days prior to the hearing. City staff mailed notices to other agencies and
utilities on December 9, 2013 and property owners within 500 feet on December 24, 2013. A notice was
Jublished in The Tigard Times for two successive weeks (January 2, 2014 &January 9, 2014) prior to the
anuary 14,2014 public hearing.
Additionally, Chapter 18.390.060 sets forth five factors for consideration when making a Type IV
decision:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter
197;
FINDINGS: The city's Comprehensive Plan has been acknowledged by the Land Conservation and
Development Commission to be in compliance with state planning goals and as reviewed above, the
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annexation proposal is consistent with Tigard Comprehensive Plan goals and policies.
CONCLUSION: The proposal is consistent with the city's acknowledged Comprehensive Plan.
Therefore, the proposal complies with statewide planning goals,including citizen involvement, public
facilities,transportation,and urbanization.
2.Any federal or state statutes or regulations found applicable;
FINDINGS:
ORS 222:
State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous
territory when owners of land in the proposed annexation territory submit a petition to the legislative body of
the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous
territory. A city is not required to hold an election for such an annexation if it follows the noticing
procedures for a public hearing per ORS 222.120.
ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and
provide public notice to be published once each week for two successive weeks prior to the day of the
hearing, in a news aper of general circulation in the city, and shall cause notices of the hearing to be
posted in four public places in the city for the same two week period.
The owner of the subject parcels has submitted petitions for annexation to the City. The subject parcel is
contiguous to the City's boundary. City staff mailed notice on December 24, 2013, and published public
notice in The Tigard Times for two successive weeks (January 2 and January 9, 2014) prior to the January 14,
2014 public hearing and posted the hearing notice for public view on December 20, 2013 in the Tigard
Library,Tigard City Hall,Tigard Permit Center,and near the proposed annexation sites.
CONCLUSION: Staff finds that the provisions of ORS 222 have been met.
3.Any applicable METRO regulations;
Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be
addressed in annexation decisions, in addition to local and state review standards. Staff has reviewed the
Metro regulations for Local Government Boundary Changes and addressed the applicable regulations
(Metro Code 3.09.045(d) & (e) and 3.09.050) below:
FINDINGS:
Metro 3.09.045_0) and (e)
The proposed annexation is not being reviewed through an expedited process, but subsections (d) of
Metro Code 3.09.050 requires that the standards of 3.09.045 (d) & (e) be addressed.
(d) To approve a boundary change through an expedited process, the city shall:
(1) Find that the change is consistent with expressly applicable provisions in:
(A) Any applicable urban service agreement adopted pursuant to ORS 195.065;
The Tigard Urban Service Agreement (TUSA) is between the City, County, Metro, and the service
Districts for water, sewer, transportation, parks and public safety. The agreement outlines the role,
provision, area, and planning/coordination responsibilities for service providers operating in the Tigard
Urban Services Area. These services are addressed above at the beginning of this report.
The Urban Planning Area Agreement (UPAA) between the City and the County provides coordination of
comprehensive planning and development, defines the area of interest, and includes policies with respect
to the active planning area and annexation. The agreement states that "so that all properties within the
Tigard Urban Service Area will be served by the City, the County and City will be supportive of
annexations to the City."
The applicable annexation policies include the assignment of comprehensive plan and zoning designations
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•
•
addressed earlier in this report and acknowledgements that the City is the ultimate service provider of
urban services within the 'Tigard Urban Service Area. The City has adhered to the Comprehensive
Planning and Development Policies outlined in the UPAA, and provided notice to/requested comments
from Washington County prior to the public hearing.
(B) Any applicable annexation plan adopted pursuant to ORS 195.205;
These statutes outline the process for annexations initiated by a city or district, including public hearings
and voting procedures. This statute is not applicable since the annexation was initiated by the property
owner. The property owner (City of Tigard) has submitted a petition to annex. There are no registered
voters at the sites.
(C) Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between
the affected entity and a necessary party;
ORS195.020(2) speaks to cooperative agreements between counties or Metro with each special district that
Sprovides an urban service within the boundaries of the county or the Metropolitan Service District.
pecial districts would include fire, water, school, and sewer districts. These districts are the same within
the county and city with the exception of the sewer district, which will be the City of Tigard following
development of the subdivision. Planning for these areas will still be considered by the same special
districts upon annexation due to existing agreements with the City.
(D) Any applicable public facility plan adopted pursuant to a statewide planning goal on public
facilities and services; and
The City of Tigard Public Facility Plan was adopted in 1991 in compliance with statewide planning goals
and Oregon Administrative Rule 660-11. A revised plan is currently being developed as part of periodic
review and the River Terrace Community Plan. New Comprehensive Plan goals and policies for public
facilities were adopted in 2008 (Goal 11), and the applicable goals and policies were addressed previously
in this report. The proposed annexation is consistent with the Tigard Public Facility Plan.
(E)Any applicable comprehensive plan; and
The Tigard Comprehensive Plan applies in this case. Applicable policies are satisfied as addressed
previously in this report.
(2) Consider whether the boundary change would: (A) Promote the timely, orderly and economic
provision of public facilities and services; (B) Affect the quality and quantity of urban services;
and (C) Eliminate or avoid unnecessary duplication of facilities or services.
The proposed annexation will allow urban services to be provided for any future development of the sites,
which are currently planned for a city park and rights-of-way. Site A is currently developed with a vacant,
single-family home on septic, already served by city water, and served by Washington County and Tualatin
Valley Fire and Rescue (TVF&R). Upon annexation sanitary sewer and storm can be extended to serve
future development. In addition, Tigard Police will serve the site instead of Washington County Sherriff.
TVF&R will continue to provide service as it is a county-wide provider.
(e) A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel
that lies partially within and outside the UGB. Neither a city nor a district may extend water or
sewer services from inside a UGB to territory that lies outside the UGB.
The property to be annexed is not outside the UGB. This criterion is not applicable.
Metro 3.09.050 (b)
(b) Not later than 15 days prior to the date set for a change decision, the approving entity shall
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4
make available to the public a report that addresses the criteria in subsection (d) below, and that
includes at a minimum the following:
The staff report was available December 30,2013, fifteen days prior to the public hearing.
(1) The extent to which urban services presently are available to serve the affected territory
including any extra territorial extensions of service;
As addressed previously in this report, urban services are available and can be extended if necessary to the
affected territory.
(2) Whether the proposed boundary change will result in the withdrawal of the affected territory
from the legal boundary of any necessary party; and
The proposed territory will remain within Washington County but will be required to be withdrawn from
the Washington County Enhanced Sheriffs Patrol District and Urban Road Service District upon
completion of the annexation. This withdrawal is incorporated into the proposed ordinance.
(3) The proposed effective date of the boundary change.
The public hearing will take place January 14,2014. If the Council adopts findings to approve ZCA2013-
00004 and ZCA2013-00006, the effective date of the annexations will be upon filing with the Secretary of
State office per Oregon Revised Statutes (ORS 222.180) or 30 days following City Council adoption,
whichever is later.
(c) The person or entity proposing the boundary change has the burden to demonstrate that the
proposed boundary change meets the applicable criteria.
The proposed boundary change meets the applicable criteria as demonstrated in this staff report.
(d) To approve a boundary change, the reviewing entity shall apply the criteria and consider the
factors set forth in subsections (d) and (e) of Section 3.09.045.
The criteria and factors outlined in subsections (d) and (e) of Section 3.09.045 have been previously
addressed in this report.
CONCLUSION: As shown in the above findings the proposed annexation satisfies the Metro Code
regulations related to Local Government Boundary Changes. This criterion is met.
(Tigard CDC 18.390.060 continued)
4. Any applicable comprehensive plan policies; and
FINDINGS: Findings addressing the applicable Comprehensive Plan policies were provided previously in
this report.
CONCLUSION: As previously demonstrated, the proposed annexation is consistent with all applicable
comprehensive plan policies.
5.Any applicable provisions of the City's implementing ordinances.
FINDINGS: Resolution 13-08 extended previously approved incentives for property owners that
voluntary annex into the city limits through February 2014. The properties to be annexed are owned by
the city and are not subject to property tax. Therefore, the provisions of Resolution 13-08 do not apply in
this case.
SECTION VII. STAFF &AGENCY COMMENTS
Tigard Police reviewed the proposed annexation and have no objections.
No other comments were received.
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SECTION VIII, PUBLIC COMMENTS
The City mailed notice to surrounding property owners within 500 feet. No written public comments
were received.
December 30.2013
PREPARED BY: Cheryl Gaines DATE
Associate Planner
December 30,2013
REVIEWED BY: Tom McGuire DA 1'E
Asst. Community Development Director
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